AGENDA RULES MEETING OF THE BOARD OF TRUSTEES VILLAGE OF PARK FOREST, COOK AND WILL COUNTIES, ILLINOIS. Village Hall 7:00 p.m.

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1 AGENDA RULES MEETING OF THE BOARD OF TRUSTEES VILLAGE OF PARK FOREST, COOK AND WILL COUNTIES, ILLINOIS Village Hall 7:00 p.m. February 26, 2018 Roll Call 1. Fiscal Year 2018 Water Plant Chemicals-Phosphates 2. Ordinance Adopting a Revised Housing Element of the Official Comprehensive Plan and Amending Chapter 78 ( Planning ), Article III ( Official Plan ), Section ( Created and Adopted ) of the Code of Ordinances 3. Ordinance Related to Chapter 6 (Alcoholic Beverages) of the Code of Ordinances (Ken s Liquor) 4. Ordinance Authorizing the Donation of Properties at 255 Allegheny Street, 223 Arcadia Street, and 264 Arrowhead Street to the South Suburban Land Bank and Development Authority 5. A Project/Funding Commitment Resolution for an Invest in Cook FY 2018 Call for Projects Application. Mayor s Comments Manager s Comments Trustee s Comments Attorney s Comments Clerk Comments Audience to Visitors Adjournment Agenda Items are Available in the Lobby of Village Hall and on the Village website Any individual with a disability requesting a reasonable accommodation in order to participate in a public meeting should contact the Village Manager s Office at least 48 hours in advance of the scheduled meeting. The Village Manager s Office can be reached via telephone at (708) or (708) or via at sblack@vopf.com. Every effort will be made to allow for meeting participation.

2 AGENDA BRIEFING DATE: February 19, 2018 TO: CC: FROM: RE: Mayor Ostenburg Board of Trustees Tom Mick, Village Manager Roderick Ysaguirre, Director of Public Works David Vavrek, Chief Water Plant Operator Fiscal 2018 Water Plant Chemicals - Phosphates BACKGROUND/DISCUSSION: The Water Treatment Plant uses a blended polyphosphate to control corrosivity in the water supply. Water corrosivity, left unchecked, can cause issues such as red water, caused from iron in the water mains, and elevated lead and copper levels. The Village holds a permit with the IEPA to use a dry blended polyphosphate as produced by Water Solutions Unlimited. The Village pays $2.65 per pound and historically not purchased over $19,000 worth of material. An original PO (# ) was issued June 27, 2017 in the amount of $18,550 for the purchase of polyphosphate, See attached. However, this year DPW replaced the phosphate feed pump in order to supply the chemical at a rate that better mimics the water production and distribution flow rate. The goal is to provide better corrosive protection in the distribution system, which seems to have been successful. However, more material is being used. To date, the Water Plant has already purchased $15, and is projecting to purchase approximately $28,250 ($13,055 additional) to the end of the current Fiscal Year. The Water Plant will revise the original PO to $28,250 or issue an additional PO in the amount of $13,055. Purchases for this material are currently being paid from the Water Fund - Lime/Water Chemicals, where adequate funds are budgeted for this additional purchase. Currently, this product is purchased from a sole-source as the IEPA permit grants permission for use of the material provided by Water Solutions Unlimited. Now that DPW knows that the purchase of this chemical will be more than $20,000, approval for this chemical purchase will come to the Board for approval along with the other water treatment chemicals. The Water Plant will be investigating an allowance by the IEPA to use other manufacturers products for next fiscal year.

3 RECOMMENDATION: Authorize the Village Manager to sign a revised or new PO to purchase additional blended polyphosphate from Water Solutions Unlimited. SCHEDULE FOR CONSIDERATION: This item will appear on the Agenda of the Rules/Regular meeting of February 26, 2018 for your discussion and consideration.

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7 AGENDA BRIEFING DATE: February 21, 2018 TO: FROM: RE: Mayor Ostenburg Board of Trustees Hildy L. Kingma, AICP Director of Economic Development and Planning Ordinance Adopting a Revised Housing Element of the Official Comprehensive Plan and Amending Chapter 78 ( Planning ), Article III ( Official Plan ), Section ( Created and Adopted ) of the Code of Ordinances BACKGROUND/DISCUSSION: In May 2012, the Board adopted the Homes for a Changing Region plan as the housing element of the official comprehensive plan. The Homes plan established policies focused on mixed use housing, housing rehabilitation, energy efficiency, and continued work on housing efforts in the Eastgate neighborhood, DownTown Park Forest, and the 211 th Street transit oriented development area. Since its adoption the Village has made significant progress on several of those policies. However, the Homes plan was adopted with data from 2009, predating the housing foreclosure crisis. Therefore, it did not address head-on the issues related to housing foreclosures, vacancies and affordability that have been such a major concern to the community in the past seven years. For this reason, the Planning and Zoning Commission decided it was important to re-examine the data and the Strategies included in the Homes plan to address the new set of issues prevalent in the community. Both the Homes plan and the proposed Comprehensive Housing Plan (attached) were developed with assistance from the Metropolitan Mayors Caucus, the Metropolitan Planning Council, the Chicago Metropolitan Agency for Planning, and the South Suburban Mayors and Managers Association. The Commission started the process to develop the new Plan in the fall of 2016 by reviewing the updated data describing the Village s demographic and housing trends. Public input was received from a series of focus group meetings held in March 2017 that included 40 residents, housing professionals, and Village Staff. These focus groups provided the Commission with a great deal of new ideas, as well as confirmation of some of the issues and concerns that were identified by the Commission s review of the data. Based on this input, the Commission developed the Goals and Strategies that are described in detail in the proposed Plan. In summary, the proposed Comprehensive Housing Plan establishes the following Goals: Assimilate Park Forest renters into the community. Create a residential marketing program based on specific niche populations that already define Park Forest. Focus on revitalizing the Eastgate neighborhood. Encourage new development in the DownTown area. Continue moving forward with planning and development of the 211 th Street Metra Station Transit Oriented Development area.

8 Develop a residential rehabilitation program. Promote energy efficiency programs. Continue playing a leadership role in sub-regional housing planning. At their October 2017 meeting, the Planning and Zoning Commission voted unanimously to recommend that the Board adopt the Comprehensive Housing Plan as the new housing element of the comprehensive plan. The Village Attorney has reviewed and approved the attached Ordinance. SCHEDULE FOR CONSIDERATION: This item will appear on the agenda of the Rules and Regular Board meetings of February 26, 2018, for discussion and final reading.

9 ORDINANCE NO. AN ORDINANCE ADOPTING THE HOUSING ELEMENT OF THE OFFICIAL COMPREHENSIVE PLAN AND AMENDING CHAPTER 78 ( PLANNING ), ARTICLE III ( OFFICIAL PLAN ), SECTION ( CREATED AND ADOPTED ) OF THE CODE OF ORDINANCES OF THE VILLAGE OF PARK FOREST, COOK AND WILL COUNTIES, ILLINOIS WHEREAS, the Planning and Zoning Commission of the Village of Park Forest ( Commission ) and Mayor and Board of Trustees recognized the need to prepare an updated plan to prepare for the future housing needs within the Village of Park Forest; and WHEREAS, the Metropolitan Mayors Caucus, the Metropolitan Planning Council, the Chicago Metropolitan Agency for Planning, and the South Suburban Mayors and Managers Association assisted with the planning process; and WHEREAS, focus groups totaling 40 residents, housing professionals, and Village Staff provided input to the planning process; and WHEREAS, the Mayor and Board of Trustees have reviewed the Comprehensive Housing Plan and determined that it is in the best interests of the Village to adopt the Plan. NOW, THEREFORE, BE IT ORDAINED, by the Mayor and Board of Trustees of the Village of Park Forest, Cook and Will Counties, Illinois, in the exercise of the Village s home rule powers, as follows: Section 1. Recitals Incorporated. The recitals set forth above constitute a material part of this Ordinance as if set forth in their entirety in this Section 1. Section 2. Plan Adopted. The Comprehensive Housing Plan is hereby adopted as the housing element of the comprehensive plan for the Village of Park Forest. Section 3. Village Code Amended. Chapter 78 ( Planning ), Article III ( Official Plan ), Section ( Created and Adopted ) of the Code of Ordinances of the Village of Park Forest, Cook and Will Counties, Illinois, is amended by adding the underlined language and deleting the stricken language to read as follows: Sec Created and adopted. There is adopted the official comprehensive plan of the village; such official comprehensive plan having been adopted by the village on March 28, 1983, entitled the "Park Forest Policies Plan." The land use and economic development elements of the official comprehensive plan have been updated by the village pursuant to the adoption of the "Strategic Plan for Land Use and Economic Development," on November 24, The housing element of the official comprehensive plan has been updated by the village on April 16, 2012, pursuant to the adoption of the following chapters contained in the Homes for a Changing

10 Region Report: (1) Introduction; (2) Park Forest; and (3) Appendix. A sustainability element of the official comprehensive plan has been added by the village on May 14, 2012, pursuant to the adoption of the "Growing Green: Park Forest Sustainability Plan." A new key area of the land use and economic development element of the official comprehensive plan has been added by the village on November 28, 2016, pursuant to the adoption of the "Hidden Meadows Conceptual Redevelopment Plan". The housing element of the official comprehensive plan has been updated by the Village on February 26, 2018, pursuant to the adoption of the Comprehensive Housing Plan. Section 4. Severability and Repeal of Inconsistent Ordinances. If any provision of this Ordinance, or the application of any provision of this Ordinance, is held unconstitutional or otherwise invalid, such occurrence shall not affect other provisions of this Ordinance, or their application, that can be given effect without the unconstitutional or invalid provision or its application. Each unconstitutional or invalid provision, or application of such provision, is severable, unless otherwise provided by this Ordinance. All ordinances, resolutions or orders, or parts thereof, in conflict with the provisions of this Ordinance are to the extent of such conflict hereby repealed. Section 5. Effective Date. This Ordinance shall be in full force and effect from and after its passage and approval and publication as required by law. PASSED this day of, APPROVED: ATTEST: John A. Ostenburg MAYOR Sheila McGann VILLAGE CLERK

11 DRAFT COMPREHENSIVE HOUSING PLAN Adopted February

12 ACKNOWLEDGMENTS The Village of Park Forest gratefully acknowledges the contribution of the following groups, entities, individuals, and elected officials in preparing this report: Village of Park Forest Board of Trustees Mayor John Ostenburg Trustee Mae Brandon Trustee Tiffani Graham Trustee Robert McCray Trustee Georgia O Neill Trustee Theresa Settles Trustee Jonathan Vanderbilt Sheila McGann, Village Clerk Village of Park Forest Planning and Zoning Commission Vernita Wickliffe-Lewis, Chair Doug Price, Vice Chair Marty Hutchins Cynthia Burton-Prete Chris Williams Judy Gonzalez Kim Elmore-Perkins Denise Poston South Suburban Mayors and Managers Association Lakeshia Wright Sarah Kobetis Metropolitan Mayors Caucus Allison Milld-Clements Metropolitan Planning Council Nancy Firfer Chicago Metropolitan Agency for Planning Jonathan Burch 2

13 INTRODUCTION Park Forest is one of the most interesting and historically significant communities in the Chicago metropolitan region. As the first fully planned World War II suburb, it was developed by American Community Builders to include a unique mix of housing types, schools, shopping, community institutions, and parks. Nearly 70 years after it was first developed, the community continues to offer housing that meets a variety of needs. However, the housing stock and neighborhoods also have some critical issues that need to be addressed in order to ensure that the high quality of life long enjoyed by Park Forest residents continues to exist. The Village Board adopted the Homes for a Changing Region Plan in This comprehensive housing plan contains policy recommendations focused on mixed use housing, housing rehabilitation, energy efficiency, and continued work on housing efforts in the Eastgate neighborhood, DownTown Park Forest, and the 211 th Street Transit Oriented Development area. A great deal of progress has been made in the past 10 years related to addressing housing issues in the Village (see Background). While the Homes for a Changing Region Plan was adopted only five years ago, it was developed with data from 2009, predating the housing foreclosure crisis. Therefore, it did not address head-on the issues related to housing foreclosures, vacancies and affordability that have been such a major concern to the community in the past seven years. Therefore, the Plan Commission decided that it was important to reexamine the data and the Strategies included in the Homes for a Changing Region plan to address the new set of issues prevalent in the community. This updated Comprehensive Housing Plan will serve as the Village s updated comprehensive plan for housing. Since 2009, the Village Board has adopted the Strategic Plan for Land Use and Economic Development, the 211 th Street Metra Station Transit Oriented Development Plan, the Growing Green Sustainability Plan, and the Bicycle and Pedestrian Plan. Along with the Comprehensive Housing Plan, these Plans provide policy direction for Village staff and officials. As with any comprehensive plan, these Plans are intended to be living documents, and they should be revisited and updated from time to time to reflect changing market conditions, Village priorities, and emerging opportunities. 3

14 The following Goals are established by this Plan, and described in more detail in the Recommended Goals and Strategies section: Assimilate Park Forest renters into the community. Create a residential marketing program based on specific niche populations that already define Park Forest. Focus on revitalizing the Eastgate neighborhood. Encourage new development in the DownTown area. Continue moving forward with planning and development of the 211st Street Metra Station Transit Oriented Development Plan. Develop a residential rehabilitation program. Promote energy efficiency programs. Continue playing a leadership role in sub-regional housing planning. Planning Process The Comprehensive Housing Plan (Plan) was developed under the guidance of the Village s Planning and Zoning Commission, with staff assistance from the South Suburban Mayors and Managers Association, the Metropolitan Mayors Caucus, the Chicago Metropolitan Agency for Planning, and Village Staff. The Planning and Zoning Commission started the process of creating this Plan in the fall of 2016 by undertaking a detailed review of the data that describes the Village s demographic trends and housing market (see chapter on Data Analysis). This data led the Commission to begin to identify issues that needed to be addressed in the Plan. Public input was received through a series of focus group meetings held in March 2017 that included 40 residents, housing professionals, and Village Staff. These focus groups provided the Plan Commission with a wealth of new ideas, as well as confirmation of some of the issues and concerns that were raised by the Commission through their review of the data. Based on this input, the Commission developed the Goals and Strategies that are described in detail in this Plan. Background Since adoption of the 2012 Homes for a Changing Region Plan the Village has made significant progress on several of the policy recommendations contained in the Plan. Notably, the Village has amended its zoning ordinance to permit a wider range of housing types. New development in DownTown Park Forest and development proposed in the 211 th Street transit oriented development area change the amount of housing that is likely to occur in those locations. Also, a significant number of the vacant, blighted houses have been removed from the Eastgate 4

15 neighborhood. Further, the Village has been proactive about addressing vacant housing issues, working with public and private partners to rehabilitate vacant homes and get them sold to new owners, and demolishing the worst of the blight from all areas of the community. In December 2017, the Village adopted a major revision to its zoning and subdivision ordinances. Among the changes included in the new Unified Development Ordinance, the following will have an impact on the type of housing that can be built in the Village: Legacy Square Development Live/Work Dwelling Unit Accessory dwelling units are permitted within single family houses to provide living quarters for family members, students, home helpers, and others. Live/work dwelling units are permitted in the Traditional Multifamily and Urban Multifamily zoning districts as a Use by Right, and the Neighborhood Commercial and Mixed Use Commercial zoning districts with a Special Use Permit. Dwelling units above the ground floor are permitted as a Use by Right in all commercial zoning districts. The Urban Multifamily zoning district accommodates a mix of housing types, such as moderate-intensity multi-family units, row houses, live/work units, and small-lot single-family and two-family dwellings. The Mixed-Use zoning district accommodates moderate-intensity mixed-use and pedestrianoriented development in the Village s DownTown and transit-oriented development areas, as well as within other limited commercial nodes. This district allows a range of retail, service, office, multi-family, and institutional uses. The 2012 Plan called for a mixed use development on Main Street, north of the Victory Center senior apartments. This mixed use development was proposed to include both commercial and multifamily housing uses. In 2014, the Village approved the construction of the Dollar General retail store on a portion of this property, leaving less land for a mixed use development. Additional multifamily development in the DownTown area should also be focused on the vacant parking area at the northeast corner of Indianwood Boulevard and Orchard Drive. In the Eastgate neighborhood, the Village has received grant funds that have allowed for the demolition of a large number of the vacant, blighted houses in the neighborhood. By the end of 2017, 80 houses have been demolished/deconstructed in Eastgate. A total of 53 vacant lots in the neighborhood are owned by the Village or the South Suburban Land Bank and Development Authority (SSLBDA), with another 14 likely to be publicly owned by the end of In June 2015, the Village conducted a neighborhood workshop in Eastgate to get the residents thoughts about interim uses for the growing number of vacant lots. 5

16 The two most popular uses suggested were additional park space and community gardens. To that end, a small tot lot was installed on Villageowned parcels at Arrowhead Street in August The park installation was accomplished with the assistance of Village Recreation and Parks and other Village Staff, an AmeriCorps National Civilian Conservation Corps team, and neighborhood residents. The park is centrally located in the neighborhood and easily accessible to Allegheny Street from Antioch Place, and to Arcadia Street from two adjacent vacant lots that may also be improved to enhance access to the park. Village Staff is also promoting community gardening in the neighborhood. Over the course of the eight year period from , work has also been underway to remove blighted single family structures and rehabilitate other vacant houses elsewhere in the Village. This work includes: Using Cook County, State of Illinois, and Illinois Housing Development Authority (IHDA) grants, the Village has demolished 27 vacant, blighted houses. The Village owns 15 of these vacant lots. The Village is a founding member of the SSLBDA. To date, the SSLBDA has sold six single family homes in Park Forest, all of which were rehabilitated after the sale. The SSLBDA has also taken ownership of a vacant commercial property and is marketing that property for sale. Approximately 40 homes have been purchased, rehabilitated, and sold to owner occupants, using Cook County and IHDA grant funds. Other actions the Village has taken to stabilize residential neighborhoods include adoption of a Vacant Property Registration program and a Crime Free Housing program. The Vacant Property Registry requires that all vacant property be registered with the Village s Community Development Department. With registration, the owner must indicate how the property will be maintained and how to contact a responsible person in case of a problem with the property. This program has enabled the Code Enforcement Division to better monitor the status of properties throughout 234 Arcadia Before 234 Arcadia After 6

17 the Village and to hold owners accountable when they do not fulfill their responsibility to maintain a vacant property. The Crime Free Housing program requires that all rental property owners register information with the Village about each of their rental homes, both multifamily and single family. Each lease is required to include a provision that states that the tenants understand the lease will be terminated if any tenant, household member, or guest engages in any criminal behavior anywhere in the Village. The result of these two new programs is that the Village is better able to hold property owners and tenants accountable for the condition of their properties and the behavior of rental occupants. The Police Department, in particular, has noted a marked decrease in Police calls for service based on the requirements of the Crime Free Housing program. Data Analysis As noted above, one of the primary reasons the Plan Commission decided to update the Village s housing plan is the major changes in the housing market that resulted from the mortgage crisis of The data used for the 2012 Homes for a Changing Region Plan largely derived from the U.S. Census American Community Survey. This data pre-dated the mortgage crisis and the ensuing increase in foreclosures and vacant homes, as well as the decrease in household income as many people were left without jobs. The Comprehensive Housing Plan still references the American Community Survey data, but compares it to the same source data from In addition, local data collected by the Village s Community Development Department and the Park Forest Housing Authority was also analyzed. In this way, the Goals and Strategies established by the Comprehensive Housing Plan are more reflective of the current housing needs. Park Forest Dwelling Unit Types by Tenure Percentage of Total Units, 2009 & Park Forest Dwelling Unit Types and Current Figures 1 Park Forest CMAP Region Owner Occupied Renter Occupied Owner Occupied 52% 7% 48% 4% 5, Single Family Units 42% 14% 48% 5% Renter Occupied ,995 14% 6% 6% 1% Cooperative Units % 7% 6% 1% Condominium Units ,500 4% 17% 12% 27% Multifamily Units % 16% 12% 28% Senior Citizen MF Units Source: Village of Park Forest, 2017 Source: U.S. Census American Community Survey ,

18 NOTE: The American Community Survey (ACS) is an ongoing survey conducted by the U.S. Census Bureau, and new figures are released annually. ACS data is self-reported, and some responders may classify their housing unit type differently than how the Village would classify it. Because of this, ACS numbers are not always consistent with data collected by the Village. CMAP = Chicago Metropolitan Agency for Planning As documented in the table above, the percentage of single family rental houses in Park Forest doubled in the period from 2009 to By comparison, the percentage of single family rental houses in the Chicago Metropolitan Agency for Planning (CMAP) region remained virtually unchanged. This is a result of the number of Park Forest single family dwelling units that ended up vacant and/or in foreclosure, and were subsequently purchased by investors. The Planning and Zoning Commission s reflections on this data included: Are these residents renters by choice or by necessity? How can the Village help aspiring homeowners overcome barriers to homeownership? What can be done to assimilate renters into the fabric of the community, regardless of whether they remain renters or ultimately purchase a home? How can the Village ensure that the increasing number of single family rentals units do not negatively future investment in the Village, or the image of the Village. The table below demonstrates the scale of the problem the Village has had to address since the Great Recession started in The number of houses in foreclosure hit a peak in 2013, with 14 percent of all single family homes in foreclosure, and 10 percent of all homes vacant. These housing issues manifested in an increase in code enforcement concerns and calls for Police service as criminal activity is often centered on vacant houses. The proactive steps taken by the Village to address these issues were described in the Background section. Park Forest Vacant and Foreclosed Homes # vacant houses # houses in foreclosure # foreclosed/occupied # foreclosed/vacant All data are annual averages Source: Park Forest Department of Community Development NOTE: This data through June The Planning and Zoning Commission interpreted the data on vacant and foreclosed homes as indicative of the need for: The promotion of resources to assist homeowners with housing and foreclosure prevention counseling. The need to develop and maintain partnerships with other organizations and funding sources that can purchase and rehabilitate vacant and foreclosed homes. Continued, proactive code enforcement to prevent neighborhood deterioration. 8

19 The Housing Authority of Park Forest is a division of the Department of Community Development within the Village s organizational structure. The Housing Authority administers the Housing Choice Voucher program (formerly called Section 8 ), a federally funded program to assist income eligible families and elderly individuals find safe, sanitary, and decent housing. Park Forest is allocated 177 vouchers, but always has additional, portable vouchers from residents who were assigned vouchers from a different housing authority and are using those vouchers to live in Park Forest. As a result, in September 2017 there were 583 households using the Housing Choice Voucher program in Park Forest, a number that has increased significantly over the past five years. Park Forest Housing Authority Voucher Program Park Forest Vouchers Portable Vouchers Source: Housing Authority of Park Forest NOTE: Through September 2017 A household is considered housing cost burdened if they pay more than 30% of household income on housing costs, including mortgage or rent, insurance, and utilities. Both owner and renter households who were severely housing cost burdened, paying more than 50% of household income on housing costs, increased from 2009 to This may be due to decreasing household income, or increasing housing costs. It is likely what led to the high number of foreclosures and vacancies in the Village. Housing Cost Burden Percentage of Owner Occupied Households with Owner Costs Exceeding 30% Percentage of Renter Occupied Households with Gross Rent Costs Exceeding 30% Park Forest CMAP Region Park Forest CMAP Region % - 50% of income 21% 19% 23% 22% 26% 26% 24% 25% 50%+ of income 11% 14% 15% 16% 31% 36% 27% 28% Source: U.S. Census American Community Survey , The Planning and Zoning Commission is concerned about any households that are housing cost burdened. The increase in the number of households that are severely burdened in this manner is of particular concern. While some strategies may be beyond the scope of this Plan (creation of more local jobs), others are directly related to the cost of housing. To address these concerns, the Village should implement measures to lower housing costs by promoting more energy efficient homes, addressing the high cost of property taxes, and other means addressed in the Recommended Goals and Strategies. 9

20 RECOMMENDED GOALS AND STRATEGIES After carefully analyzing Park Forest s housing challenges and opportunities, reaching out to residents and housing experts for ideas, and examining best practices from other communities in the CMAP area, a number of practical and achievable housing Goals and Strategies have emerged. These Goals and Strategies will lead Park Forest to a stronger housing market, a more stable residential population, and high quality neighborhoods. GOAL ASSIMILATE PARK FOREST RENTERS INTO THE COMMUNITY. Strategies Get to know the needs and goals of renters. Renters in the Village of Park Forest, as anywhere else, have different housing needs and goals. For some, living in a maintenance-free, multifamily housing development addresses their desire to avoid outdoor maintenance and to be able to move when a job or family situation changes. Other renters choose to live in a single family home for the additional space it provides, both inside and outside. Renters may also like the flexibility of being able to move that an annual lease provides them. Autumn Ridge Apartments The Village has a variety of housing options to fit the needs and goals of these renters. Developments like Autumn Ridge, Pangea Park Townhomes, and Central Park Townhomes provide multifamily, maintenance-free housing for renters in both a high-rise and a townhome setting. Approximately one-third of the single family homes in Park Forest are renter occupied. So, those households looking for a single family home environment, but who want to rent, can also find many options in the Village. Pangea Park Townhomes People also rent because they do not have the financial resources to purchase a home. Either they have insufficient funds for a down payment, or their credit history is not good enough to qualify for a mortgage. These renters may need assistance, either financial or credit counseling, to be in a position to purchase a home. To the extent that the Village assists these residents with finding the resources they need, they are 10

21 more likely to choose to stay in Park Forest when they are in a position to purchase a home. The Village should consider creating a tax credit for first time homebuyers to incentivize them to purchase a home in Park Forest, and for investors who sell to renters. This could be backed by a second mortgage that requires the homebuyer to stay in the home for a specified period of time. Once that time is expired, the second mortgage would expire. Provide educational resources targeted specifically to renters. Park Forest has both multifamily and single family rental opportunities, and each provides its own unique set of living conditions for tenants. Renters have both rights and responsibilities in order to ensure that their living conditions are of the highest quality. Many renters, however, do not know their rights, nor do they know how to fulfill their responsibilities. It is in the Village s best interest to provide resources to renters to ensure that Park Forest homes and apartments are well-maintained and that all residents behave in a neighborly manner. In this way, renters are more likely to become long term, active residents of the Village, regardless of whether they continue to rent or if they choose to eventually purchase a home in the Village. Possible educational resources that the Village could consider include workshops on landlord/tenant rights, how to maintain property, credit repair, financial literacy, the true financial cost of homeownership, and homeownership classes. The Village should partner with organizations in the Chicago South Suburbs and Park Forest businesses to provide these resources. Encourage all residents, including renters, to get involved in Village activities. These include recreational and social activities, as well as programs such as the Civic Leadership Academy and as members of Village boards and commissions, non-profit organizations, and other civic leadership positions. The more a resident gets involved in his/her community, the more likely that resident is to stay in the community for the long term, regardless of whether they own or rent their home. 2015/2016 Civic Leadership Academy Create a tool lending facility for renters who do not have access to yard equipment and other tools necessary for home maintenance. Approximately one-third of the single family homes in Park Forest are renter occupied. The arrangement between the landlord and renter varies from property to property. But, in many cases, the renter is responsible for lawn maintenance, and may want to be capable of handling 11

22 small house repairs as well. Because of the often transient nature of renters, however, many may not have lawn mowers, rakes, shovels, drills, and other equipment needed to properly maintain a home. If the Village created a tool lending facility, or worked with a local business to create such a facility, then renters would have the resources needed to maintain their property and many code enforcement issues at single family rental properties could be reduced. The Village could also partner with local home improvement stores or the University of Illinois Extension Service to provide training on how to operate tools and maintain landscaping and homes. This service would be of benefit to renters and homeowners alike. Consider creating a beautification program specifically geared towards renters in single family homes. Work with landlords to develop a good relationship with the Village. The Village should continue to conduct bi-annual meetings with Park Forest residential landlords to develop and maintain a good relationship with them. These meetings should address a variety of topics of importance to both the Village and the landlords, such as updates on Crime Free Housing, Fair Housing, and Housing Voucher programs, programs to support renters such as the tool lending facility, opportunities to acquire and rehabilitate vacant properties in the Village, and others. Landlords should be provided the opportunity to address issues of most concern to them. The Village should consider working with single family landlords who have the resources and a good track record to address the continuing issue of vacant and foreclosed homes in the community. In 2016, the annual average of vacant homes was 500, nearly 200 of which were also foreclosures. The Village spends a significant amount of money on property maintenance at these homes. If responsible landlords were in a position to purchase these homes, rehabilitate them, and get them occupied with good tenants, everyone in the Village would benefit. Properties that are at least two years in tax arrears or two years delinquent on their water bills qualify for the abandonment process. In this process, the municipality can seek a declaration of abandonment and obtain a Judicial Deed for the property. This process should be used either to obtain houses that the SSLBDA can sell for rehabilitation and occupancy, that can be sold to responsible investors for rehabilitation and rental, or can be demolished if they are blighted. GOAL CREATE A RESIDENTIAL MARKETING PROGRAM BASED ON SPECIFIC NICHE POPULATIONS THAT ALREADY DEFINE PARK FOREST. Strategies Attract young adults who cannot afford to purchase a home and want a low maintenance lifestyle. The Pew Research Center reported in early 2017 that the Millennial generation, those born after 1980 and the first generation to come of age after the year 2000, are significantly less likely to 12

23 buy a home than earlier generations of 25 to 35 year old adults. This may be due to the fact that Millennials are having children later than their counterparts from earlier generations, or that student debt has made it harder for them to qualify for a home mortgage. Whatever the reason, the Millennial generation s lack of interest in owning a home may make them prime candidates for one of Park Forest s best housing options the housing cooperatives. Acquisition of stock in a housing cooperative requires good credit, but a relatively low cash outlay. Further, it is a low maintenance lifestyle that could be marketed easily to these young adults who are predominately employed, but single and childless. Area J Cooperative Promote Park Forest to a new generation of Veterans. Park Forest was built to provide homes for Veterans who had served in World War II, and several generations later there continues to be Veterans in need of housing for themselves and their families. Park Forest has a renewed focus on providing services to Veterans, with a very active Veterans Commission. The Village should create a new promotional campaign designed to attract a new generation of Veterans to living in Park Forest and becoming active members of the community. Promote the variety of housing types in the Village. Most people know that Park Forest is a good place to purchase an affordable starter home, and it is one of the only Chicago metropolitan suburbs that has housing cooperatives. The housing cooperatives are an affordable, low maintenance way for individuals and families to own a home. But, the Thorn Creek Estates neighborhood, where architect-designed homes sit adjacent to a Forest Preserve, is a well-kept secret. The upscale homes built along Tamarack Street, or the single family attached homes located in the Legacy Square neighborhood in DownTown Park Forest are also unique offerings that deserve better promotion. Park Forest is also a rich repository of mid-century modern homes. The Village should actively promote all of these housing types. 13

24 Similarly, the variety of rental options in the Village should be promoted. These include high rise living, town home style living, and housing geared to a senior population. The Village also has four condominium associations, all within town home developments. The Unified Development Ordinance has created options for new housing types, including accessory dwelling units, live/work housing, and small-lot single family homes. These housing options Thorn Creek Estates should be promoted for existing and new neighborhoods. In addition, the possibility of buildings tiny homes, as a temporary or permanent housing type should also be explored. If changes to the building codes are needed to allow for tiny homes, these should also be considered. These new housing options are all geared to people who want to live more sustainably, and should be promoted as such, as they provide new avenues for attracting and maintaining residents in the community. Address the strengths of living in an open and welcoming community. Park Forest is one of the few communities in the Chicago metropolitan area that has never had restrictive covenants that dictate who can live in the community. Early residents represented religious but not racial diversity. However, within ten years of incorporation the Village began a Human Relations Commission, adopted a Fair Housing ordinance, and actively sought racial diversity. Further, the Village did not follow the pattern of white flight and racial re-segregation so prevalent in Chicago s neighborhoods and suburbs. Today, Park Forest s minority population (African Americans, Asians, and Hispanics) represents 69% of the total. With more than 15 churches and synagogues, and a 40 year commitment to fair housing, all ages, races, and religious groups call Park Forest home. This should be a cornerstone of Park Forest s housing marketing. In addition, Park Forest has a host of high quality amenities and activities that provide a level of service that cannot be found in neighboring communities. The art galleries, Aqua Center, Tennis and Health Center, Park Forest Public Library, over 2,000 acres of parks and open space, and activities such as Main Street Nights, 4 th of July Parade and Fireworks, and Tall Grass Art Show all should be highlighted in the Village s residential marketing efforts. The quality and variety of Park Forest s schools should also be promoted. This could be done with a link to the schools on the Village s website, as well as space for students, teachers and alumnae to comment on the quality of the education they received at one of Park Forest s many schools. 14

25 Educate real estate agents about the benefits of living in Park Forest. Village Staff should continue to meet with Park Forest area real estate agents on a bi-annual basis to share information about new home buying assistance programs, housing financing tools and housing grants available to assist with the sale of homes. These events should also be used to educate real estate agents about the benefits of living in Park Forest, including its programs, facilities and other amenities. Real estate agents should have access to marketing material produced by the Village, such as Freedom Hall programs, community calendars, and the Discover Magazine. On occasion, the meetings with real estate agents could take the form of a tour of the Village to show off the diversity of housing types available in the community (small, sustainable homes, mid-century modern homes, Lincolnwood neighborhoods, Thorn Creek Estates, Tamarack Street, condominiums, townhomes in School House Manor and Forest Brook). The issue of Park Forest property taxes should also be addressed directly and on a regular basis, in order to provide real estate agents with facts that they can use to discuss the issue with their clients. Other means of assisting Park Forest area real estate agents with their job of selling Park Forest should be instituted. This would include developing marketing material to promote the Village s focus on sustainability, including the benefits of smaller homes and a walkable and bikeable community. GOAL FOCUS ON REVITALIZING THE EASTGATE NEIGHBORHOOD. Strategies Be proactive about seeking grants to advance redevelopment goals for the Eastgate neighborhood. In the period from , the Village has received grants from Cook County, the State of Illinois, and the Illinois Housing Development Authority that have enabled the elimination of 63 blighted houses in the Eastgate neighborhood. Grant funds remain (as of mid-2017) for the demolition of at least 15 additional blighted houses. In total, there are 80 vacant lots in the neighborhood, where vacant, blighted houses have been removed. These efforts are in direct support of the redevelopment plans first established by the Strategic Plan for Land Use in Economic Development, adopted as an element of the comprehensive plan in As long as blighted houses remain in the neighborhood, these efforts should continue. 15

26 Grants should also be sought to implement elements of the redevelopment plan for the Eastgate neighborhood, as that plan is developed. These elements might include, for example, installation of a multi-use path along 26 th Street to safely connect the neighborhood to Western Avenue, and upgrade of sidewalks and installation of bikeways within the neighborhood. Develop a plan for redevelopment of the Eastgate neighborhood. Both the Strategic Plan for Land Use and Economic Development and the 2012 Homes for a Changing Region Plan contain concept plans for future redevelopment of the Eastgate neighborhood. These plans rely heavily on housing types that are permitted by the old Zoning Ordinance. With the adoption of the Unified Development Ordinance, new housing types and zoning districts have been created that may be viable options for incorporation into a new vision for the future of the Eastgate neighborhood. By 2022, the Village should have control of at least 25 percent of the parcels in the neighborhood. This will constitute a critical mass, and an optimal time to start seeking a development partner to redevelop the neighborhood. Prior to that time, however, the Village should continue to address the disproportionately high crime rate in the neighborhood, and work with the neighborhood residents to develop an updated redevelopment plan for the neighborhood. Police calls for service in the Eastgate neighborhood have tended to be disproportionately high, when compared to other neighborhoods in the Village. The efforts documented in this Plan to remove vacant, blighted houses have had a positive impact on Police calls for services. From 2014 through 2016, calls for Police service in Eastgate dropped to 1,756 from 1,990 calls in the two year period from 2012 through 2014, a reduction of almost 12%. Burglaries to vacant properties dropped from 51 ( ) to just 4 ( ). These statistics provide strong evidence that removing vacant properties, either by rehabilitation and re-occupancy, or by demolition when necessary, work to improve the quality of life for residents. A concerted effort involving all Village Departments should be developed to continue this positive trend before work to initiate redevelopment in the neighborhood can begin. When developing a plan for redevelopment of Eastgate, its proximity to the Sauk Woods Forest Preserve should be incorporated. Working closely with the Forest Preserve District of Cook County, the Village should ensure that the neighborhood and the Forest Preserve complement one another, instead of turning their backs on one another as is currently the case. The plan should also address ways to better connect the neighborhood to the rest of the Village. This might include creating a multi-use path along 26 th Street so walking and biking to shopping and services in the Village is easier. It might also include working with the Pace Bus system to improve bus access to the neighborhood. Finally, the intersection of Algonquin Street and Western Avenue forces residents to drive north on Western Avenue, away from the heart of the Village. Reconfiguring this intersection could enable more Eastgate residents to more easily and naturally access the businesses, services, and amenities in the Village rather than going outside the community for these resources. Engage the neighborhood residents in the future redevelopment of the neighborhood. The Village should continue its efforts to engage Eastgate residents in the life of their neighborhood. This includes such activities as block parties, community gardening, and 16

27 neighborhood clean-up efforts. In this way, the residents will get to know one another and develop a stronger commitment to improving the conditions throughout the neighborhood. Involved, engaged residents will attract new residents with the same interests in their community. When it comes time to develop an updated plan for redevelopment of the neighborhood, residents should be a vital element in the planning effort. The plan should address their needs for new housing and rehabilitation programs, safety, transportation, park amenities, and other issues. It should also be sensitive to the financial situation of existing residents, in order to avoid an outcome where existing residents can no longer afford to live in their own neighborhood. As new housing is built in Eastgate, the Village should incorporate programs to assist existing property owners to upgrade their homes. This is important to help market the new housing, and to give existing residents a continued commitment to the area. GOAL ENCOURAGE NEW DEVELOPMENT IN THE DOWNTOWN AREA. Strategies Seek a multifamily housing developer for the former Marshall Field parking area. When the former Marshall Field building was demolished in 2010, the four acre parking area for the store became obsolete. In 2003, the Urban Land Institute Chicago (ULI Chicago) conducted a Technical Assistance Panel on the Village s efforts to create DownTown Park Forest. One of their primary recommendations was to seek a developer to build a multifamily housing development on this property. Their recommendation specifically noted that the Village should investigate the market for residences with 10 to 15 dwelling units per acre, assuming two- to four-story buildings, with a mix of multi-family mid-rises and townhouses. The newly adopted Unified Development Ordinance actually permits even denser multifamily development in the Mixed Use zoning district. Village Staff should pursue dense multifamily development on this property in order to strengthen the commercial development in DownTown Park Forest. Seek a mixed use development for the remaining vacant land on Main Street. The ULI Chicago report referenced above made a similar recommendation for multifamily housing on the vacant parcel at the northeast corner of Forest Boulevard and Main Street. In 2017, this parcel is 2.25 acres in size, after development of the Dollar General store in Both the Strategic Plan for Land Use and Economic Development and the 2012 Homes for a 17

28 Changing Region plan identified this parcel as the DownTown Gateway. The recommendation from those plans is to develop this parcel as a mixed use, commercial and multifamily residential project. A development of this nature would bring more residents into the DownTown area and serve to draw additional customers off Western Avenue and into DownTown Park Forest. Invest in public infrastructure improvements necessary to attract new development and business to the DownTown. The Village has invested a significant amount of resources into the creation of DownTown Park Forest, the most recent of which is the expansion of the Village Green in the area that was the footprint of the Marshall Field building. Continued investment into public infrastructure will demonstrate the Village s willingness to be an active partner in the development of the former Marshall Field parking area and the remaining vacant land on Main Street. It will also help to attract more businesses to the existing commercial buildings in DownTown Park Forest. Appropriate improvements might include additional landscaping and lighting projects to extend the DownTown environment to the perimeter streets, construction of a major sign at Western Avenue to draw traffic onto Main Street, upgrade of Cunningham Drive from Liberty Drive to Lakewood Boulevard to a true street design, additional parking lot resurfacing, and possible build-out of second floor raw spaces in Buildings #5 and #6A to make them marketable for dwelling units or commercial spaces. GOAL CONTINUE MOVING FORWARD WITH PLANNING AND DEVELOP- MENT OF THE 211 TH STREET METRA STATION TRANSIT ORIENTED DEVELOPMENT PLAN. Strategies Seek approval from appropriate agencies to develop a portion of the commuter parking lot. The Village-owned commuter parking lot at the 211 th Street Metra Station was originally acquired with federal funding and built in the mid-1970s. It was resurfaced with a grant from the Regional Transportation Authority (RTA) in That grant agreement required a 20 year use period, during which the lot would continue to be used as a commuter parking lot. Village Staff will seek confirmation from RTA Staff that the use period has expired and all or a portion of the parking lot can now be used for development purposes. 18

29 Seek a multifamily residential developer for a portion of the TOD area. Since adoption of the 211 th Street Metra Station Transit Oriented Development (TOD) Plan in 2007, a number of significant actions have taken place to move this Plan forward. The Village acquired the property at 3200 Lincoln Highway and demolished the blighted commercial structure. This property has been identified as a location for a restaurant and other commercial uses. A new buyer (2017) owns the building at 3250 Lincoln Highway and is marketing it for use. It has been determined that demolition of this building is not in the best interests of the community, primarily because it is still in usable condition and to demolish it would significantly increase occupancy costs and property taxes. As a result of the actions noted above, the best location for multifamily residential development is likely to be on a portion of what is now Commuter Lot 1, as described in the first Strategy above. In order to take the most advantage of this location, and to support all commercial development that will occur on the two existing parcels in the TOD area, a multifamily residential development should be sought for a portion of this parcel. GOAL DEVELOP A RESIDENTIAL REHABILITATION PROGRAM. Strategies Work with the high school district to create and expand a construction trades program for students and community members. Rich Township High School District 227 is developing a construction trades training program for its students, and potentially for other residents of the District communities. The Village is currently working with the District to create this program and has received a grant (Abandoned Property Program grant in 2017) from the Illinois Housing Development Authority to fund the rehabilitation of up to three houses. The Village should continue to support this program so it can expand to assist with the rehabilitation of additional vacant homes. Similar programs that may already be in place, or may be planned, at Prairie State College and South Suburban College should also be invited to work in Park Forest. These programs have multiple benefits for the Village and its residents as houses are rehabilitated and reoccupied, and residents gain skills that can provide them with long term, sustainable employment. 19

30 These housing rehabilitation programs could be expanded to provide assistance to senior citizens and lower income homeowners who are still in their homes, but cannot afford to make repairs. Work with local financial institutions to develop financial mechanisms that make housing rehabilitation affordable. There are a number of potential financial mechanisms to assist Park Forest home owners with rehabilitation of their homes. Home equity loans are available for existing homeowners. Loan products are also available that bundle the home purchase and rehabilitation costs into one mortgage, either through local financial institutions or through the Illinois Housing Development Authority. One community-wide advantage of these loans is that they establish a home value, and therefore a neighborhood comparable sales price, at the after-renovation value. These financial products should be more viable as property values in Park Forest began to increase in The Village should work with local financial institutions to promote these opportunities, and others that may exist, to Park Forest residents and homebuyers. Develop and maintain a resource inventory for homeowners and buyers interested in rehabilitating their homes. Homeowners and buyers should know about Park Forest businesses that provide home improvement services. This information is readily available in the annual Park Forest Shopping and Services Guide. Home tours could be conducted to highlight especially innovative or cost effective renovations undertaken by Park Forest homeowners and investors. The Village could partner with home improvement stores to conduct workshops about easy, do-it-yourself renovation projects (i.e., maximize your closet space, landscaping, etc.). Programs such as these will demonstrate that Park Forest homes have value and with a minor investment and effort, wonderful improvements can be made. 2017/2018 Shopping Guide Promote the Architectural Design Program, and expand the program to focus on sustainable rehabilitation. There is a negative perception that Park Forest has a significant number of small houses (two bedrooms/one bathroom). To combat this problem, and to stimulate remodeling of the existing housing, the Village launched the Architectural Design Program in 2007 to stimulate remodeling of existing homes. An architect was hired to create variations on the original five basic house models built in the Village. These plans create options for master bedroom/bathroom suites, family rooms, and expanded kitchens. These plans are available for only the cost to copy plans. They should be promoted as a means of enabling Park Forest homeowners to continue living in their existing home, and to create modern amenities to meet a family s changing needs. 20

31 The Village should also consider launching an updated Architectural Design Program that incorporates sustainable rehabilitation. The Village should partner with local banks to create special financial mechanisms for residents to use the Program. The banks should be partners in the Program marketing as well because they can reach potential home buyers from outside the community. GOAL PROMOTE ENERGY EFFICIENCY PROGRAMS. Strategies Promote housing upgrades that result in greater energy efficiency. Household energy consumption is impacted by many factors, including house size, age, and the residents behavior. The Park Forest Sustainability Analysis (2011) showed that average household energy consumption in Park Forest is lower than Cook County and the region s household averages. However, nearly three-fourths of the Village s homes were built before 1970, and therefore, did not benefit from the building technologies and energy codes that new homes utilize. On the positive side, the moderate size of Park Forest homes helps reduce energy consumption, and the common building layout provides a unique opportunity for developing universal plans for capturing energy efficiency. The Growing Green: Park Forest Sustainability Plan outlines 11 Strategies that should be followed to create greater energy efficiency in the homes in the Village. The Village should ensure that it has adopted the most up-to-date building and energy codes in order to ensure that new home construction incorporates sustainable systems and appliances. Ensure that Village codes remain consistent with State Statues, model codes and other best practices. One of the Strategies in the Park Forest Sustainability Plan is to develop incentives for new building and developments to be built to established green building standards. The Village should ensure that its codes reflect the newest standards in energy efficiency, and offer incentives, such as fast tracked permitting, property tax credits, or fee waivers, to construction and development projects that establish standards for green building. 21

32 GOAL CONTINUE PLAYING A LEADERSHIP ROLE IN SUB-REGIONAL HOUSING PLANNING. Strategies Maintain an active role in the Chicago Southland Housing and Community Development Collaborative. The Chicago Southland Housing and Community Development Collaborative (the Collaborative) was created by the South Suburban Mayors and Managers Association in 2009 as a response to the increasing number of housing foreclosures and vacancies. The Village was an early participant in the Collaborative, and continues to be an active member. The Collaborative has been an important source of networking with other communities involved in similar housing issues, and with regional organizations working to provide solutions to the housing issues that confront the South Suburbs. The Village has also been able to access grants to address these housing issues. The Village should continue to be active in the Collaborative to learn from others and to be a resource to other communities that are looking for solutions to issues that the Village of Park Forest is already addressing. Maintain an active role in the South Suburban Land Bank and Development Authority. In 2012, the Village was a founding member of the South Suburban Land Bank and Development Authority (SSLBDA), along with the Cities of Blue Island and Oak Forest. The SSLBDA was created in response to the large number of vacant, abandoned, and tax-delinquent properties that resulted from the economic downturn that started in The SSLBDA works with municipal members, of which there are 21 in mid-2017, to convert these properties into productive, property tax generating use. The SSLBDA s work in Park Forest has focused on both residential and commercial properties, resulting in a number of properties now being renovated and occupied by owner occupants and renters. With more than 500 properties still vacant and/or in foreclosure, the SSLBDA continues to be an important partner in the Village s efforts to get these properties into productive use. Maintain an active role in the South Suburban Housing Center and the Chicago Area Fair Housing Alliance, and other such groups to promote fair housing strategies and goals. The South Suburban Housing Center (SSHC) and the Chicago Area Fair Housing Alliance (CAFHA) are both committed to affirmatively furthering fair housing through housing counseling, fair housing enforcement programs, education and advocacy. The SSHC works closely with the South Suburban Housing and Community Development Collaborative and the South Suburban Mayors and Managers Association to address fair housing issues in the South Suburbs. In order to continue to be a community that is open and inclusive of all people, the Village should maintain its active participation in these and similar organizations. 22

33 Consider other opportunities to take a leadership role. This Strategy supports one of the Village s five year goals, which is to sustain the Village s role as a catalyst for innovation change in the region. Village Staff and elected and appointed officials are involved in leadership roles in a number of regional and State-wide organizations. These affiliations further the expertise of staff, enable the continuation of highly professional operations, attract grant funding opportunities, protect and enhance the quality of life in Park Forest, and develop new leaders. 23

34 AGENDA BRIEFING DATE: February 21, 2018 TO: FROM: RE: Mayor Ostenburg Board of Trustees Hildy L. Kingma, AICP, Director of Economic Development and Planning Ordinance Related to Chapter 6 (Alcoholic Beverages) of the Code of Ordinances BACKGROUND/DISCUSSION: In July 2017, the Board approved a class B/liquor store license for Ken s Liquor, Inc., at 2560 Western Avenue. The new store opened shortly after that approval. At this time, Mr. Soni, owner of Ken s Liquor, has requested a class L liquor license in order to provide video gaming machines at the store. (See attached diagram of proposed video gaming area.) Section 6-43(12) of the Municipal Code of Ordinances permits the class L license to be issued at no charge to businesses that already hold a class B license, provided the following conditions are met in the place of business: The area of the licensed premises shall be no less than 200 square feet in size, clearly identified, and restricted to persons aged 21 years or older ("the designated area"). Customers shall not remove open alcoholic beverages from the designated area of the premises. The designated area shall be open and the sale of beer and wine for consumption on the premises shall take place only during the hours permitted by the underlying liquor license. Alcoholic liquors in the original package may only be sold by a cashier outside the designated area, may not be purchased or sold in the designated area, and packaged liquors may not be consumed in the designated area. There shall be a paid attendant to monitor the designated area at all times. Food for consumption within the designated area must be available at all times. All employees who serve or sell alcoholic beverages, and their supervisors, must submit proof to the Village that they have successfully completed alcoholic beverage sellers and servers training. The class L license is needed for the video gaming component of the business because the class B license does not permit the sale of alcoholic beverages for consumption on the premises. State gaming law, however, requires a liquor license that permits consumption on the premises. SCHEDULE FOR CONSIDERATION: This item will appear on the Rules and Regular Board meeting agendas on February 26, for discussion and Final Reading.

35 ORDINANCE AN ORDINANCE RELATED TO CHAPTER 6 ( ALCOHOLIC BEVERAGES ), ARTICLE II ( LICENSES), SECTION 6-49 ( NUMBER LIMITED ) OF THE CODE OF ORDINANCES, VILLAGE OF PARK FOREST, COOK AND WILL COUNTIES, ILLINOIS WHEREAS, Section 6-49 of the Code of Ordinances, Village of Park Forest, Cook and Will Counties, Illinois ( Village Code ) provides that the number of licenses in effect at any one time for the sale of liquor shall not exceed two (2) for class L licenses; and WHEREAS, Ketankumar K. Soni, on behalf of Ken s Liquor, Inc., has applied for a Class L liquor license for the premises commonly known as 2560 Western Avenue, Park Forest, Illinois, which Application is incorporated herein as though fully set forth; and WHEREAS, the Village seeks to amend the number of Class L liquor licenses in the Village to three (3) so as to accommodate the sale of alcoholic liquors at 2560 Western Avenue pending the issuance of all applicable licenses and other necessary approvals; and NOW, THEREFORE, BE IT ORDAINED by the Mayor and Board of Trustees of the Village of Park Forest, Cook and Will Counties, Illinois, in the exercise of the Village s home rule powers, that: Section 1. Recitals Incorporated. The above recitals are incorporated herein as though fully set forth. Section 2. Authorization. The Mayor is authorized and directed to execute the Ordinance and the Village Clerk is hereby authorized and directed to attest to the Ordinance in substantially the form presented as determined by the Mayor. Section 3. Code of Ordinances. Chapter 6 ( Alcoholic Beverages ), Article II ( Licenses ), Section 6-49 ( Number Limited ) of the Code of Ordinances of the Village of Park Forest, Cook and Will Counties, Illinois, is hereby amended by adding the following underlined words and deleting the stricken language to read as follows: ARTICLE II. LICENSES Section Number Limited. (a) Except as otherwise provided in section 6-55, the number of licenses in effect at any one time for the sale of liquor shall be as follows: Class Number of licenses (1) Class A licenses 4

36 (2) Class B licenses 1 (3) Class C licenses 0 (4) Class D licenses 2 (5) Class E licenses 2 (6) Class F licenses 1 (7) Class G licenses 0 (8) Class H licenses 0 (9) Class I licenses 0 (10) Class J licenses 1 (11) Class K licenses as issued (12) Class L licenses 2 3 (13) Class M license 1 Section 4. Severability and Repeal of Inconsistent Ordinances. If any provision of this Ordinance, or the application of any provision of this Ordinance, is held unconstitutional or otherwise invalid, such occurrence shall not affect other provisions of this Ordinance, or their application, that can be given effect without the unconstitutional or invalid provision or its application. Each unconstitutional or invalid provision, or application of such provision, is severable, unless otherwise provided by this Ordinance. All ordinances, resolutions or orders, or parts thereof, in conflict with the provisions of this Ordinance are to the extent of such conflict hereby repealed. Section 5. Effective Date. This Ordinance shall be in full force and effect from and after its passage and approval and publication as required by law. Passed this day of, APPROVED: ATTEST: John A. Ostenburg, Mayor Sheila McGann, Village Clerk

37 AGENDA BRIEFING DATE: February 21, 2018 TO: FROM: Mayor Ostenburg Board of Trustees Hildy L. Kingma, AICP, Director of Economic Development and Planning RE: Ordinance Authorizing the Donation of Properties at 255 Allegheny Street, 223 Arcadia Street, and 264 Arrowhead Street to the South Suburban Land Bank and Development Authority BACKGROUND/DISCUSSION: The Village obtained the deeds to the properties at 255 Allegheny Street, 223 Arcadia Street, and 264 Arrowhead Street through the judicial abandonment process in January There are still houses on these properties that are vacant and blighted. The houses will be deconstructed using the IHDA Blight Reduction Program grant. The Village will work with the Cook County Sheriff s Office RENEW program, which uses incarcerated labor to deconstruct the houses and provide job training to the workers. The Village is partnering with the South Suburban Land Bank and Development Authority (SSLBDA) on this grant, and under the terms of the grant, the SSLBDA is required to own all properties before deconstruction begins. Therefore, the Village will transfer the deeds to these properties to the SSLBDA so they can be deconstructed with the grant funds. The SSLBDA will continue to own and maintain the properties for three years, under the terms of the grant. After that period, the properties will be transferred back to the Village as part of the Village s land banking program in the Eastgate neighborhood. The Village Attorney reviewed and approved the attached Ordinance and the attached Donation Agreement. SCHEDULE FOR CONSIDERATION: This item will appear on the Rules and Regular Board meeting agendas of February 26, 2018, for discussion and Final Reading.

38 ORDINANCE NO. AN ORDINANCE AUTHORIZING THE DONATION OF PROPERTIES COMMONLY KNOWN AS 255 ALLEGHENY STREET, 223 ARCADIA STREET, AND 264 ARROWHEAD STREET IN THE VILLAGE OF PARK FOREST, COOK COUNTY, ILLINOIS WHEREAS, the Mayor and Board of Trustees of the Village of Park Forest ( Park Forest ) have determined that it is necessary and desirable that certain real properties located within Park Forest which are commonly known as 255 Allegheny Street, 223 Arcadia Street, and 264 Arrowhead Street, and which are legally described on Exhibit A attached hereto ( Subject Properties ) be donated by Park Forest to the South Suburban Land Bank and Development Authority ( SSLBDA ); and WHEREAS, the Subject Properties are being donated to the SSLBDA in order to promote the public health, safety and welfare. NOW, THEREFORE, be it ordained by the Mayor and Board of Trustees of the Village of Park Forest, Cook County, Illinois, in the exercise of Park Forest s home rule powers as follows: SECTION 1: The recitals set forth above are incorporated herein by reference and made a part hereof. SECTION 2: The Mayor and Board of Trustees hereby authorize the donation of the Subject Properties, pursuant to the terms and conditions of a Donation Acceptance Agreement between Park Forest, as the title holder of record, and the SSLBDA in substantially the form attached hereto as Exhibits B, C, and D as finally determined by the Village Manager. SECTION 3: The Mayor, Village Clerk, Village Manager and Village Attorney are authorized to execute any documents necessary to complete the sale of the Subject Properties. SECTION 4: If any section, paragraph, clause or provision of this ordinance shall be held invalid, the invalidity thereof shall not affect any of the other provisions of this ordinance. SECTION 5: All ordinances in conflict herewith are hereby repealed to the extent of such conflict.

39 SECTION 6: This ordinance shall be in full force and effect from and after its passage, approval and publication as provided by law. ADOPTED this day of, APPROVED ATTEST: John A. Ostenburg MAYOR Sheila McGann VILLAGE CLERK

40 EXHIBIT A Legal Description 255 ALLEGHENY STREET LOT 16 IN BLOCK 4 IN VILLAGE OF PARK FOREST AREA 1, BEING A SUBDIVISION OF PART OF THE NORTHWEST QUARTER AND THE NORTHEAST QUARTER OF SECTION 30, TOWNSHIP 35 NORTH, RANGE 14, EAST OF THE THIRD PRINCIPAL MERIDIAN, LYING SOUTH OF THE SOUTH RIGHT OF WAY LINE OF THE ELGIN, JOLIET, AND EASTERN RAILROAD, IN COOK COUNTY, ILLINOIS. ADDRESS: 255 ALLEGHENY STREET, PARK FOREST, IL PIN: ARCADIA STREET LOT 5 IN BLOCK 8 IN VILLAGE OF PARK FOREST AREA NO. 1, BEING A SUBDIVISION OF PART OF THE NORTHWEST QUARTER AND THE NORTHEAST QUARTER OF SECTION 30, TOWNSHIP 35 NORTH, RANGE 14, EAST OF THE THIRD PRINCIPAL MERIDIAN, LYING SOUTH OF THE SOUTH RIGHT OF WAY LINE OF THE ELGIN, JOLIET, AND EASTERN RAILROAD, IN COOK COUNTY, ILLINOIS. ADDRESS: 223 ARCADIA STREET, PARK FOREST, IL PIN: ARROWHEAD STREET LOT 33 IN BLOCK 5 IN VILLAGE OF PARK FOREST AREA NO. 1, BEING A SUBDIVISION OF PART OF THE NORTHWEST QUARTER AND THE NORTHEAST QUARTER OF SECTION 30, TOWNSHIP 35 NORTH, RANGE 14, EAST OF THE THIRD PRINCIPAL MERIDIAN, LYING SOUTH OF THE SOUTH RIGHT OF WAY LINE OF THE ELGIN, JOLIET, AND EASTERN RAILROAD, IN COOK COUNTY, ILLINOIS. ADDRESS: 264 ARROWHEAD STREET, PARK FOREST, IL PIN:

41 EXHIBIT B DONATION ACCEPTANCE AGREEMENT 255 ALLEGHENY STREET

42 SOUTH SUBURBAN LAND BANK AND DEVELOPMENT AUTHORITY DONATION ACCEPTANCE AGREEMENT THIS DONATION ACCEPTANCE AGREEMENT (the Agreement ) is made between Village of Park Forest, Illinois ( Donor ) and South Suburban Land Bank and Development Authority ( SSLBDA or Donee ). This Agreement is effective as of (the Effective Date ). Recitals Donor owns certain real property, improvements, appurtenances and hereditaments located at 255 Allegheny Street, Park Forest, Cook County, Illinois legally described on Exhibit A attached to this Agreement (the Property ) and wishes to donate the Property to SSLBDA. SSLBDA wishes to accept the donated Property under subject to the terms and conditions set forth below. Therefore, the Parties hereto agree as follows: Agreement 1. Donation of Property. Subject to both Parties compliance with the terms and conditions of this Agreement, Donor shall donate to SSLBDA and SSLBDA shall accept from Donor the Property. 2. Closing Date. A) The closing shall take place on or before, 2018 (the Closing Date ), unless the Closing Date is extended in writing signed by Donor and SSLBDA or otherwise extended by Donor under the terms of this Agreement. The closing shall be held in the offices of the Donee s attorney, or at a place so designated and approved by the Parties in writing. If the closing does not occur by the date specified in this Paragraph or in any extension, this Agreement is automatically terminated. 3. Inspection and Acceptance. A) Before entering into this Agreement, Donor shall have provided Donee with full and unlimited access to the Property, and Donee shall have inspected the Property and obtained for its own use, benefit and reliance, inspections and/or reports on the condition of the Property. Donee has reviewed all necessary inspection reports and, subject to the terms and conditions of this Agreement, has accepted the Property. B) Within fourteen (14) days of the Effective Date, Donor shall send to SSLBDA copies of any and all of the following that are in Donor s possession: (i) structural, electrical, mechanical, plumbing, termite inspection, zoning, code compliance or pending improvements reports relating to the Property, (ii) notices of any violations of laws or governmental ordinances, regulations or laws relating to the Property, and (iii) any notice, writing or information regarding

43 any pending or threatened litigation relating to the Property, and where such information, reports, or other items are in the possession of the REO department of Donor or Donor s real estate agent (if engaged by Donor in connection with this transaction). Donee acknowledges that the inspection reports prepared or caused to be prepared by Donor are for the use and benefit of Donor. Donee will not rely solely upon any such inspection reports obtained by Donor in making a decision to accept the Property; provided however, Donee shall have ten (10) business days after review of said information, reports and notices to terminate this Agreement, whereupon this Agreement shall be null and void and neither Party shall have any further rights or liabilities hereunder. 4. Personal Property. Items of personal property, including but not limited to window coverings, appliances, manufactured homes, mobile homes, vehicles, spas, antennas, satellite dishes and garage door openers, now or hereafter located on the Property are not included in this donation unless the personal property is specifically described and referenced on Exhibit B attached to and made a part of this Agreement. Any personal property at or on the Property may be subject to claims by third parties and, therefore, shall be removed from the Property prior to the Closing Date. SSLBDA assumes no responsibility for any personal property remaining on the Property at the time of closing. 5. Condition of Property. Donee is purchasing the Property in its current As Is condition subject only to such repairs as may be expressly required under this Agreement or agreed to in writing by Donor and Donee prior to closing. Should any lender, insuring entity, governmental body or agency require that certain repairs to the Property be made or that certain other conditions or requirements be met prior to Closing, Donor, at its sole option, may comply with such requirement or terminate the Agreement. 6. As-Is Condition. OTHER THAN EXPRESS REPRESENTATIONS SET FORTH HEREIN, DONOR DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES AS TO THE PHYSICAL CONDITION OF THE PROPERTY, THE APPLIANCES, UTILITY FIXTURES, EQUIPMENT AND OTHER APPURTENANCES RELATING THERETO; OR ANY OTHER MATTER AFFECTING OR RELATING TO THE HEREIN DESCRIBED PROPERTY (OTHER THAN THE WARRANTY OF TITLE ACCORDING TO THE SPECIAL WARRANTY DEED TO BE DELIVERED AT CLOSING), AND THAT DONEE HAS BEEN AFFORDED AN ADEQUATE OPPORTUNITY TO INSPECT AND EVALUATE THE CONDITION OF THE PROPERTY. DONEE HEREBY EXPRESSLY ACKNOWLEDGES THAT NO SUCH REPRESENTATIONS OR WARRANTIES HAVE BEEN MADE, AND DONEE AGREES TO ACCEPT THE HEREIN DESCRIBED PROPERTY AS-IS AND WHERE-IS AND WITHOUT WARRANTY, EXPRESS OR IMPLIED, AS TO THE MERCHANTABILITY OF THE HEREIN DESCRIBED PROPERTY OR OF ITS FITNESS FOR ANY PARTICULAR USE OR PURPOSE. NO REPRESENTATIONS, CLAIMS, STATEMENTS, ADVERTISING OR PROMOTIONAL ACTIVITIES MADE OR CONDUCTED BY DONOR OR DONOR S AGENTS OR REPRESENTATIVES SHALL BE BINDING UPON DONOR UNLESS THE SAME ARE EXPRESSLY SET FORTH IN THIS AGREEMENT, ITS ADDENDA, OR A SUBSEQUENT WRITTEN AGREEMENT EXECUTED BY DONOR AND DONEE.

44 7. Real Estate Taxes. A) Donee and Donor agree that the Donor is accepting the Property subject to all unpaid real estate taxes, liens, mortgages or other encumbrances affecting the Property. B) Donor shall not be responsible for any amounts due, paid or to be paid after closing, including but not limited to, any taxes, penalties or interest assessed or due as a result of retroactive, postponed or additional taxes resulting from any change in use of, or construction on, or improvement to the Property, or an adjustment in the appraised value of the Property. In the event Donor has paid any taxes, special assessments or other fees and there is a refund of any such taxes, assessments or fees after closing, and Donee as current owner of the Property receives the payment, Donor understands that Donee is not required to submit the refund to Donor. C) If the Property is heated by or has storage tanks for fuel oil, liquefied petroleum gases or similar fuels, Donor will donate the fuel in the tank at closing as part of the property being donated. Donor may remove the contents of storage tanks prior to closing at Donor s expense. 8. Delivery of Possession of Property. A) Delivery of the Property. Donor shall deliver possession of the Property to Donee on the Closing Date. If Donee alters the Property or causes the Property to be altered in any way and/or occupies the Property or allows any other person to occupy the Property prior to closing without the prior written consent of Donor, such event shall constitute a breach by Donee under this Agreement and Donor may terminate this Agreement. B) Vacant Property Acquisition. If the Property is intended to be acquired by the Donee as vacant or abandoned, the following shall apply: In addition to the warranties and covenants of subparagraph (a) above, Donor warrants and covenants with Donee that (i) the Property was vacant and unoccupied at the time of commencing discussions with Donee for the accept of the Property, (ii) the Property is vacant and unoccupied at the time of the execution of this Agreement and (iii) will be delivered to Donee at the closing in a vacant and unoccupied condition. C) Occupied Property Acquisition. If the Property is intended to be acquired by the Donee as occupied property, the parties shall execute the Occupied Property Addendum attached hereto as an Addendum. 9. Title to be Delivered. At closing, Donor agrees to deliver to Donee the Deed, which conveys Donor s interest in the Property to Donee. 10. Title and Examination. At Donor s expense, Donee shall promptly order a commitment for a: (a) title insurance policy (the Title Commitment ), or (b) a title report or opinion of title (the Title Opinion ) issued by the title company of Donee s choice licensed to do business in Illinois (the Title Company ) and provide a copy to Donor upon Donee s receipt thereof. Donee shall have five (5) business

45 days from the date of its receipt of the Title Commitment or Title Opinion to examine title and make any objections thereto, which shall be made in writing to Donor or deemed waived. If any objections are so made, Donor shall be allowed sixty (60) days to make title marketable at regular rates or cancel this Agreement. Objections to title shall mean a title matter which fails to meet the customary title examination standards for title examiners for the jurisdiction in which the Property is located and makes the title unmarketable. 11. Defects in Title. Upon examination of the Title Commitment or Title Opinion by Donee and notice to Donor of a title objection, the Parties agree to proceed as follows: A) If Donee raises an objection to Donor s title to the Property as provided in Paragraph 10, which, if valid, would make title to the Property uninsurable and not corrected by the Donor within sixty (60) days, Donor shall have the right to terminate this Agreement by giving written notice of the termination to Donee, provided however, Donee shall have the right within five (5) days of such notice to either waive such defect or request Donor to proceed under Paragraph 11(C) below. B) If Donor is able to correct the problem through reasonable efforts, as Donor determines, at its sole and absolute discretion, within said sixty (60) day period, including any written extensions, or (subject to Donee s consent described in Paragraph 10) if title insurance is available from a reputable title insurance company at regular rates containing affirmative coverage for the title objections, as provided below or Donee waives the defect, then this Agreement shall remain in full force and Donee shall perform pursuant to the terms set in this Agreement. C) Donor will cooperate with the Title Company and Donee on the title corrections to remove any such exception or to make the title insurable, but any attempt by Donor to remove such title exceptions shall not impose an obligation upon Donor to remove those exceptions. D) In the event Donor, within such sixty (60) day period is not able to (i) make the title marketable or correct any problem or (ii) obtain title insurance from a reputable title insurance company, all as acceptable to Donee as provided herein, Donee may either waive the objection or terminate this Agreement without penalty. 12. Land Banking Depository Agreement. If agreed to in writing by the Parties, an SSLBDA Depository Agreement, attached hereto as an Exhibit C, entered into between the Parties with regard to the Property shall be attached to and recorded with the Deed as a deed restriction. 13. Deed A) The Deed to be delivered at closing shall be a recordable, stamped Special Warranty Deed that covenants that grantor grants only that title which grantor may have and that grantor will only defend title against persons claiming by, through, or under the grantor, but not otherwise (which Deed may be known as a Special Warranty, or a Limited Warranty Deed). Any reference to the term Deed or Special Warranty Deed herein shall be construed to refer to such form of

46 Deed. It is the intent of Donor to deliver title to the subject Property through the conveyance of the Special Warranty Deed or comparable instrument, in accordance with all applicable local, state and Federal rules, regulations and procedures. The comparable instrument, at a minimum, must contain the following language: Grantor covenants that it is seized and possessed of the said land and has a right to convey it, and warrants the title against the lawful claims of all persons claiming by, through and under it, but not further otherwise. B) Permitted Exceptions. At closing, Donor agrees to deliver to Donee the Deed which conveys fee simple title in the Property to Donee subject only to the following ( Permitted Exceptions ): (i) (ii) (iii) (iv) (v) Covenants, conditions and restrictions of record; Any private, public and utility easements and roads and highways; Zoning laws and ordinances; and General real estate taxes applicable to the Property. Any and all deed restrictions set forth and agreed to in this Agreement 14. Representations and Warranties. Donee represents and warrants to Donor the following: A) Donee is accepting the Property solely in reliance on its own investigation and inspection of the Property and not on any information, representation or warranty provided or to be provided by Donor, its servicers, representatives, brokers, employees, agents or assigns; B) Neither Donor, nor its servicers, employees, representatives, brokers, agents or assigns, has made any representations or warranties, implied or expressed, relating to the condition of the Property or the contents thereof, except as expressly set forth in this Agreement; C) Donee has not relied on any representation or warranty from Donor regarding the nature, quality or workmanship of any repairs made by Donor; and D) Donee will not occupy or cause or permit others to occupy the Property prior to closing. E) Donee has the power and authority to execute, deliver and perform the conditions set forth in this Agreement. Donee s execution of this Agreement is not subject to any further approval, vote or contingency from any person or committee; F) The execution of and performance under this Agreement will not conflict with or be a breach of any law, regulation, judgment, order, decree, writ, injunction, contract, agreement or instrument to which Donee is subject, and Donee has obtained any consent, approval, authorization or order from any court or governmental agency or body required for the execution, delivery and performance by Donee under this Agreement; and

47 G) Donee itself does not intend to use the Property as a principal residence or for family, household or personal use. H. Donee has or will receive funding from the Illinois Housing Development Agency Blight Reduction Program to demolish/deconstruct the Property and shall complete the demolition/deconstruction before March 31, I. Donee shall not sell the Property until the demolition/deconstruction of the Property has been completed, and shall only convey the Property back to the Donor upon request. J. The representations and warranties made in this paragraph shall not merge with the deed and shall survive the Closing. 15. Deliveries by Donor. Within seven (7) days after the Effective Date, if not already delivered to Donee, Donor shall deliver the following to Donee: A) Copies of all licenses, permits, inspection reports, zoning information, Certificates of Occupancy, and all reports identified in Section 3(B) herein in Donor s possession, if any. B) All building plans, diagrams, architect drawings, surveys and construction or architect contracts in Donor s possession, if any. 16. Plat of Survey A) If Donor does not provide a survey, which conforms to the standards set forth in this Agreement, within seven (7) days of the Effective Date, Donee may acquire such a survey at Donee s expense. 17. Donor Costs. Donor shall pay all of the following closing costs: 18. Donee Closing Costs. Donee shall pay for: A) All recording and service fees required in order to record the Deed; and B) Fees for Donee s Attorney C) Any title policy requires by the Donee. 19. Closing Documents. Donor shall provide and execute the following documents at closing: A) Deed B) ALTA Statement C) Power of Attorney, if applicable

48 D) Lead-Based Paint Disclosure, if required E) Municipal Transfer Tax Declaration (including Water Department Certification and Zoning Compliance Certificate, if applicable); F) County Transfer Tax Declaration; G) Gap Undertaking; H) State Transfer Tax Declaration; I) Pay-off Letters, Releases, Estoppel Letters, and Utility Letters, if applicable; J) Affidavit Regarding Donor; K) FIRPTA Affidavit; and L) Executed Settlement Statement. Donee shall provide and execute the following documents at closing: A) Affidavit Regarding Donee; B) Power of Attorney, if applicable; C) Executed Settlement Statement; and D) Survey. 20. Condominium or Planned Unit Development. If the Property is a condominium or planned unit development or co-operative, unless otherwise required by law, Donor, at Donor s own expense, is responsible for obtaining and providing the covenants, conditions and restrictions and bylaws of the condominium, or planned unit development or cooperative to Donee within five (5) days of execution of this Agreement by both Parties. Donee will be deemed to have accepted the covenants, conditions and restrictions and bylaws if Donee does not notify Donor in writing, within fifteen (15) days of receipt of said documents, of Donee s objection to the covenants, conditions and restrictions and/or bylaws. Donee understands and acknowledges that this transaction may be subject to the written consent of the governing body of a condominium, planned unit development, co-operative, or home owner's association, depending on the covenants, conditions and restrictions and/or bylaws of said governing body. Donee agrees to promptly submit such references or other information as such governing body may require and Donee agrees to cooperate in any reasonable manner to obtain such consent, including a personal appearance by Donee before such governing body. Donee shall be solely responsible for obtaining such consent. If after reasonable efforts, Donee is unable to obtain such governing body s consent to this transaction, Donee may terminate this Agreement. Upon termination of this Agreement, Donee and Donor shall have no further liability, no further obligation, and no further responsibility each to the other and Donee and Donor shall be

49 released from any further obligation each to the other in connection with this Agreement. 21. Lead Paint Disclosure. (Check the provision that applies.) Donor represents that the dwelling was constructed on the real property in 1978 or later. X Donor represents that the dwelling was constructed on the real property before (If such housing is located on the real property, attached and made a part of this Agreement is the form, LEAD PAINT ADDENDUM FOR HOUSING CONSTRUCTED BEFORE 1978.) 22. Cancellation of Contracts. On or prior to the Closing Date, Donor agrees to cancel any contracts that Donor (or Donor s agent) has with respect to the Property, effective as of the Closing Date, and to pay any amounts due with respect to any such contract after the Closing Date. Donor agrees to cooperate with Donee in causing the utility accounts associated with the Property to be transferred into the name of Donee as of the Closing Date (unless there is a credit on the settlement statement for the payment of such utility service charges). 23. Remedies for Default. A) In the event of Donee s default, material breach or material misrepresentation of any fact under the terms of this Agreement, Donor is automatically released from the obligation to donate the Property to Donee and neither Donor nor its representatives, agents, attorneys, successors, or assigns shall be liable to Donee for any damages of any kind as a result of Donor s failure to donate and convey the Property. B) Any consent by any Party to, or waiver of, a breach by the other, whether express or implied, shall not constitute consent to, waiver of, or excuse for any different or subsequent breach. C) The Parties agree that neither Party shall be liable to the other for any special, consequential or punitive damages whatsoever, whether in contract, tort (including negligence and strict liability) or any other legal or equitable principle, or any other such expense or cost arising from or related to this Agreement or a breach of this Agreement. 24. Indemnification. Donee agrees to indemnify and fully protect, defend, and hold Donor, its officers, directors, employees, shareholders, servicers, representatives, agents, appraisers, attorneys, tenants, brokers, successors or assigns harmless from and against any and all claims, costs, liens, loss, damages, attorney s fees and expenses of every kind and nature that may be sustained by or made against Donor, its officers, directors, employees, shareholders, servicers, representatives, agents, appraisers, attorneys, tenants, brokers, successors or assigns, resulting from or arising out of: A) inspections or repairs made by Donee or its agents, employees, contractors, successors or assigns;

50 B) the imposition of any fine or penalty imposed by any municipal or governmental entity resulting from Donee s failure to timely obtain any necessary Certificate of Occupancy or to comply with equivalent laws and regulations; and C) claims for amounts due and owed by Donor for taxes, homeowner association dues or assessment or any other items prorated at closing under Paragraph 7 of this Agreement, including any penalty or interest and other charges, arising from the proration of such amounts for which Donee received a credit at closing under Paragraph 7 of this Agreement. 25. Risk of Loss. Donor assumes all risk of loss related to damage to the Property prior to the Closing Date. In the event of fire, destruction or other casualty loss to the Property after Donor s acceptance of this Agreement and prior to closing and funding, either Party may terminate this Agreement and neither Party shall have any further rights or liabilities hereunder except as provided in Paragraph 28 of this Agreement. 26. Eminent Domain. In the event that Donor s interest in the Property, or any part thereof, shall have been taken by eminent domain or shall be in the process of being taken on or before the Closing Date, either Party may terminate this Agreement and neither Party shall have any further rights or liabilities hereunder except as provided in Paragraph 28 of this Agreement. 27. Keys. If Donor is not in possession of keys, including but not limited to, mailbox keys, recreation area keys, gate cards, or automatic garage remote controls, then the cost of obtaining the same will be the responsibility of Donee. Donee also understands that if the Property includes an alarm system, Donor cannot provide the access code and/or key and that Donee is responsible for any costs associated with the alarm and/or changing the access code or obtaining keys. If the Property is presently on a Master Key System, Donor will re-key the exterior doors to the Property prior to closing at Donor s expense. 28. Full Performance and Survival. Donor shall have been deemed to have fully performed and discharged Donor s obligations under this Agreement upon recording of the Deed to the Property in the Recorder s Office of Cook County. Notwithstanding anything to the contrary in this Agreement, the provisions of Paragraph 24 of this Agreement, as well as any other provision which contemplates performance or observance subsequent to any termination or expiration of this Agreement, shall survive the closing, funding and the delivery of the Deed and/or termination of this Agreement by any Party and continue in full force and effect. 29. Severability. The invalidity, illegality or enforceability of any provision of this Agreement shall not affect the validity or enforceability of any other provision of this Agreement, all of which shall remain in full force and effect. 30. Assignment of Agreement. Parties shall not assign this Agreement without the express written consent of the non-assigning Party. Assignment without written consent of all Parties will be deemed null and void, with all Parties remaining bound by the terms of this Agreement. 31. Entire Agreement. This Agreement, including the disclosure of information on lead based paint and/or lead based paint hazards or Donor Disclosure and Release Addendum or other disclosure forms or notices required by law, constitutes the entire agreement between Donee

51 and Donor concerning the subject matter hereof and supersedes all previous communications, understandings, representations, warranties, covenants or agreements, either written or oral and there are no oral or other written agreements between Donee and Donor. NO ORAL PROMISES, REPRESENTATIONS (EXPRESSED OR IMPLIED), WARRANTIES OR AGREEMENTS MADE BY DONOR AND/OR BROKERS OR ANY PERSON ACTING ON BEHALF OF DONOR SHALL BE DEEMED VALID OR BINDING UPON DONOR UNLESS EXPRESSLY INCLUDED IN THIS AGREEMENT. All negotiations are merged into this Agreement. Donor is not obligated by any other written or verbal statements made by Donor, Donor s representatives, or any real estate licensee. 32. Modification. No provision, term or clause of this Agreement shall be revised, modified, amended or waived except by an instrument in writing signed by Donee and Donor. 33. Rights of Others. This Agreement does not create any rights, claims or benefits inuring to any person or entity, other than Donor s successors and/or assigns and Donee. 34. Counterparts. This Agreement may be executed in any number of counterparts and each such counterpart shall be deemed to be an original, but all of which, when taken together, shall constitute one agreement. 35. Headings. The titles to the sections and headings of various paragraphs of this Agreement are placed for convenience of reference only and in case of conflict, the text of this Agreement, rather than such titles or headings shall control. 36. Gender. Unless the context otherwise requires, singular nouns and pronouns, when used herein, shall be deemed to include the plural of such nouns or pronouns and pronouns of one gender shall be deemed to include the equivalent pronoun of the other gender. 37. Force Majeure. Except as provided in Paragraph 28 to this Agreement, no Party shall be responsible for delays or failure of performance resulting from acts of God, riots, acts of war, epidemics, power failures, earthquakes or other disasters, providing such delay or failure of performance could not have been prevented by reasonable precautions and cannot reasonably be circumvented by such Party through use of alternate sources, workaround plans or other means. 38. Attorney Review. The Parties acknowledge that each Party has had the opportunity to consult with its respective legal counsel regarding this Agreement and that accordingly the terms of this Agreement are not to be construed against any Party because that Party drafted this Agreement or construed in favor of any Party because that Party failed to understand the legal effect of the provisions of this Agreement. 39. Notices. Any notices required to be given under this Agreement shall be deemed to have been delivered when actually received in the case of hand or overnight delivery, or five (5) days after mailing by first class mail, postage paid. All notices to Parties will be deemed sent or delivered if sent or delivered to the Party or its agent, at the addresses set forth below:

52 To Donor: Thomas K. Mick, Village Manager Village of Park Forest 350 Victory Drive Park Forest, Illinois With a copy to: Mark H. Sterk Odelson & Sterk, Ltd West 95 th Street Evergreen Park, Illinois To SSLBDA: Russell Rydin, Executive Director South Suburban Land Bank and Development Authority 3700 W. 183 rd Street, Suite B100 Hazel Crest, Illinois With a copy to : Brent O. Denzin Ancel Glink P.C. 140 South Dearborn, Suite 600 Chicago, Illinois Successors and Assigns. This Agreement shall be binding upon and inure to the benefit of the successors and assigns of each of the Parties hereto. 41. Invalidity. If for any reason any portion or paragraph of this Agreement shall be declared void and unenforceable by any court of law or equity, it shall only affect such particular portion or paragraph of this Agreement and the balance of this Agreement shall remain in full force and effect and shall be binding upon the Parties hereto. 42. Attorneys Fees. Each Party shall pay the fees and costs of its own counsel. In the event a legal proceeding is commenced to enforce this Agreement, the prevailing Party shall be entitled to reasonable attorneys fees and costs from the other Party. 43. Cumulative Rights. The rights, options, election and remedies contained in this Agreement shall be cumulative; and no one such rights, options, elections and remedies shall be construed as excluding any other of them or any right or remedy allowed or provided by law. 44. Governing Law. This Agreement shall be governed and construed in accordance with the laws of the jurisdiction in which the Property is located. 45. Donor Authority. Donor has full power and authority to enter into this Agreement

53 and to perform all its obligations hereunder, and has taken all action required by law, its governing instruments, or otherwise to authorize the execution, delivery, and performance of this Agreement and all the deeds, agreements, certificates, and other documents contemplated herein. This Agreement has been duly executed by and is a valid and binding agreement of Donor, enforceable in accordance with its terms, except as enforceability may be limited by equitable principles or by the laws of bankruptcy, insolvency, or other laws affecting creditors rights generally. IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as of the date and year first above written. DONOR: Village of Park Forest By: Its: Thomas K. Mick Village Manager DONEE: South Suburban Land Bank and Development Authority By: Its: Russell Rydin Executive Director

54 EXHIBIT A Legal Description of Property LEGAL DESCRIPTION LOT 16 IN BLOCK 4 IN VILLAGE OF PARK FOREST AREA 1, BEING A SUBDIVISION OF PART OF THE NORTHWEST QUARTER AND THE NORTHEAST QUARTER OF SECTION 30, TOWNSHIP 35 NORTH, RANGE 14, EAST OF THE THIRD PRINCIPAL MERIDIAN, LYING SOUTH OF THE SOUTH RIGHT OF WAY LINE OF THE ELGIN, JOLIET, AND EASTERN RAILROAD, IN COOK COUNTY, ILLINOIS. ADDRESS: 255 ALLEGHENY STREET, PARK FOREST, IL PIN:

55 EXHIBIT B Personal Property NONE, UNLESS SPECIFICALLY IDENTIFIED BELOW:

56 LEAD PAINT ADDENDUM FOR HOUSING CONSTRUCTED BEFORE 1978 TO ACCEPT AGREEMENT BETWEEN VILLAGE OF PARK FOREST AS DONOR AND SOUTH SUBURBAN LAND BANK AND DEVELOPMENT AUTHORITY, AS DONEE LEAD WARNING STATEMENT Every Donee of any interest in residential real property on which a residential dwelling was built before 1978 is notified that such property may present exposure to lead from lead-based paint that may place young children at risk of developing lead poisoning. Lead poisoning in young children may produce permanent neurological damage, including learning disabilities, reduced intelligence quotient, behavioral problems, and impaired memory. Lead poisoning also poses a particular risk to pregnant women. The Donor of any interest in residential real property is required to provide the buyer with any information on lead-based paint hazards from risk assessments or inspections in the Donor s possession and notify the buyer of any known lead-based paint hazards. A risk assessment or inspection for possible lead-based paint hazards is recommended before accept. DONOR S DISCLOSURE 1. Presence of lead-based paint and/or lead-based paint hazards (check items a or b below): a. Known lead-based paint and/or lead-based paint hazards are present in the housing. If checked, the following explanation is provided: b. x Donor has no knowledge of lead-based paint and/or lead-based paint hazards in the housing. 2. Records and reports available to Donor (check item a or b below): a. Donor has provided Buyer with all available records and reports pertaining to lead-based paint and/or lead-based paint hazards in the housing. If checked, the following documents were provided: b. X Donor has no reports or records pertaining to lead-based paint and/or lead-based paint hazards in the housing. DONEE S ACKNOWLEDGMENT 1. Buyer has read the Lead Warning Statement above and understands its contents, and has received copies of all information listed above. 2. Buyer has received the pamphlet Protect Your Family from Lead in Your Home. 3. Buyer has either (check one of the boxes below): received a 10-day opportunity (or mutually agreed-upon period) to conduct a risk assessment or inspection for the presence of lead-based paint and/or lead-based paint hazards; or waived the opportunity to conduct a risk assessment or inspection for the presence of leadbased paint and/or lead-based paint hazards. Lead Paint Addendum Page 1

57 AGENT S ACKNOWLEDGMENT BY AGENT S EXECUTION BELOW, AGENT ACKNOWLEDGES THAT: Agent has informed Donor of Donor s obligations under 42 U.S.C. 4852d and is aware of his or her responsibility to ensure compliance. CERTIFICATION OF ACCURACY The following parties have reviewed the information above and certify, to the best of their knowledge, that the information they have provided is true and accurate. DONOR: Village of Park Forest, IL By: DONEE: South Suburban Land Bank and Development Authority By: Its: Its: Listing broker/agent date Donating broker/agent date Lead Paint Addendum Page 2

58 NOTE: PLEASE COMPLETE THIS ADDENDUM ONLY WHEN OCCUPIED PROPERTIES ARE BEING ACQUIRED BY THE DONEE. ADDENDUM TO ACCEPT AND SALE AGREEMENT (Occupied Property) THIS ADDENDUM TO ACCEPT AND SALE AGREEMENT (Occupied Property) ( Addendum ) is dated as of the day of, 20, between ( Donor ) and SOUTH SUBURBAN LAND BANK AND DEVELOPMENT AUTHORITY ( Donee ), amending that certain Accept and Donate Agreement between the Parties of even date herewith ( Acceptance Agreement ). To the extent that this Addendum is inconsistent with the terms of the Acceptance Agreement, then the terms of this Addendum shall control. Any capitalized term not defined in this Addendum shall have the meaning given such term in the Acceptance Agreement. The Acceptance Agreement is hereby amended as follows: 13. Deed. Paragraph 13(B) shall be amended by adding the following: (ix) Existing rights of tenants in possession, if any. 14. Representations and Warranties. Paragraph 14(D) is amended and restated in its entirety as follows: Donee will not occupy or cause or permit others, other than Tenants in possession as of the Effective Date, to occupy the Property prior to closing and funding and, unless and until any necessary Certificate of Occupancy has been obtained from the appropriate governmental entity, will not occupy or cause or permit others, other than Tenants in possession as of the Effective Date, to occupy the Property until after the closing. 15. Deliveries by Donors. Paragraph 15 is amended by adding the following: (c) Copies of all Leases in Donor s possession, if any. 19. Closing Documents. In addition to the closing documents set forth at Paragraph 19, Donor and Donee shall execute and deliver at closing, an assignment of Donor s rights and interests, if any, to all Leases (defined below) by all Tenants, in the form and content acceptable to both Parties, pursuant to which Donor assigns and conveys to Donee all of Donor s right, title and interest, if any, in and to the Leases and Donee accepts such assignment and conveyance and assumes all obligations under said Leases, including but not limited to compliance with the Protecting Tenants at Foreclosure Act of 2009 and any similar state laws, from and after the Closing Date. Occupied Property Addendum Page 1

59 46. Leases. The following Paragraph 46 shall be added: The Property shall be sold subject to the rights and tenancies of any tenant ( Tenant ) of the Property as of the Closing Date pursuant to a written or oral lease ( Lease ), if any. (a) Donee acknowledges that Donor may not have copies of the Leases or knowledge of the original terms of any oral lease. Donor shall deliver to Donee a signed copy of all Leases in Donor s possession, if any, with respect to the Property and, upon Donee s request, any information, reports, or other items that are in the possession of the Donor or Donor s real estate agent (if engaged by Donor in connection with this transaction) with respect to any Lease. Donee shall have ten (10) business days after review of said information, reports and notices to terminate this Agreement, whereupon this Agreement shall be null and void and neither Party shall have any further rights or liabilities hereunder except as provided in Paragraph 21 of this Agreement. A) After the Effective Date, Donor will not, without Donee s consent, enter into, amend or terminate any Lease with respect to the Property. B) Donor shall deliver to Donee, in addition to any other items required by this Agreement, all security deposits paid by a Tenant under a Lease and all accrued interest thereon actually received by Donor ( Security Deposit ), if any. C) Donor shall cooperate with Buyer to provide notices to each Tenant under a Lease advising them of the sale of the Property, confirming the transfer of the Tenant s Security Deposits and directing them to make future rent payments to Donee. 47. No Other Amendment. Except as herein amended, the Accept Agreement remains in full force and effect and is hereby ratified and confirmed. [SIGNATURE PAGES TO FOLLOW]

60 DONOR: VILLAGE OF PARK FOREST, IL By: Its: DONEE: SOUTH SUBURBAN LAND BANK AND DEVELOPMENT AUTHORITY By: Its:

61 EXHIBIT C DONATION ACCEPTANCE AGREEMENT 223 ARCADIA STREET

62 SOUTH SUBURBAN LAND BANK AND DEVELOPMENT AUTHORITY DONATION ACCEPTANCE AGREEMENT THIS DONATION ACCEPTANCE AGREEMENT (the Agreement ) is made between Village of Park Forest, Illinois ( Donor ) and South Suburban Land Bank and Development Authority ( SSLBDA or Donee ). This Agreement is effective as of (the Effective Date ). Recitals Donor owns certain real property, improvements, appurtenances and hereditaments located at 223 Arcadia Street, Park Forest, Cook County, Illinois legally described on Exhibit A attached to this Agreement (the Property ) and wishes to donate the Property to SSLBDA. SSLBDA wishes to accept the donated Property under subject to the terms and conditions set forth below. Therefore, the Parties hereto agree as follows: Agreement 48. Donation of Property. Subject to both Parties compliance with the terms and conditions of this Agreement, Donor shall donate to SSLBDA and SSLBDA shall accept from Donor the Property. 49. Closing Date. A) The closing shall take place on or before, 2018 (the Closing Date ), unless the Closing Date is extended in writing signed by Donor and SSLBDA or otherwise extended by Donor under the terms of this Agreement. The closing shall be held in the offices of the Donee s attorney, or at a place so designated and approved by the Parties in writing. If the closing does not occur by the date specified in this Paragraph or in any extension, this Agreement is automatically terminated. 50. Inspection and Acceptance. A) Before entering into this Agreement, Donor shall have provided Donee with full and unlimited access to the Property, and Donee shall have inspected the Property and obtained for its own use, benefit and reliance, inspections and/or reports on the condition of the Property. Donee has reviewed all necessary inspection reports and, subject to the terms and conditions of this Agreement, has accepted the Property. B) Within fourteen (14) days of the Effective Date, Donor shall send to SSLBDA copies of any and all of the following that are in Donor s possession: (i) structural, electrical, mechanical, plumbing, termite inspection, zoning, code compliance or pending improvements reports relating to the Property, (ii) notices of any violations of laws or governmental ordinances, regulations or laws relating to the Property, and (iii) any notice, writing or information regarding any pending or threatened litigation relating to the Property, and where such information, reports,

63 or other items are in the possession of the REO department of Donor or Donor s real estate agent (if engaged by Donor in connection with this transaction). Donee acknowledges that the inspection reports prepared or caused to be prepared by Donor are for the use and benefit of Donor. Donee will not rely solely upon any such inspection reports obtained by Donor in making a decision to accept the Property; provided however, Donee shall have ten (10) business days after review of said information, reports and notices to terminate this Agreement, whereupon this Agreement shall be null and void and neither Party shall have any further rights or liabilities hereunder. 51. Personal Property. Items of personal property, including but not limited to window coverings, appliances, manufactured homes, mobile homes, vehicles, spas, antennas, satellite dishes and garage door openers, now or hereafter located on the Property are not included in this donation unless the personal property is specifically described and referenced on Exhibit B attached to and made a part of this Agreement. Any personal property at or on the Property may be subject to claims by third parties and, therefore, shall be removed from the Property prior to the Closing Date. SSLBDA assumes no responsibility for any personal property remaining on the Property at the time of closing. 52. Condition of Property. Donee is purchasing the Property in its current As Is condition subject only to such repairs as may be expressly required under this Agreement or agreed to in writing by Donor and Donee prior to closing. Should any lender, insuring entity, governmental body or agency require that certain repairs to the Property be made or that certain other conditions or requirements be met prior to Closing, Donor, at its sole option, may comply with such requirement or terminate the Agreement. 53. As-Is Condition. OTHER THAN EXPRESS REPRESENTATIONS SET FORTH HEREIN, DONOR DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES AS TO THE PHYSICAL CONDITION OF THE PROPERTY, THE APPLIANCES, UTILITY FIXTURES, EQUIPMENT AND OTHER APPURTENANCES RELATING THERETO; OR ANY OTHER MATTER AFFECTING OR RELATING TO THE HEREIN DESCRIBED PROPERTY (OTHER THAN THE WARRANTY OF TITLE ACCORDING TO THE SPECIAL WARRANTY DEED TO BE DELIVERED AT CLOSING), AND THAT DONEE HAS BEEN AFFORDED AN ADEQUATE OPPORTUNITY TO INSPECT AND EVALUATE THE CONDITION OF THE PROPERTY. DONEE HEREBY EXPRESSLY ACKNOWLEDGES THAT NO SUCH REPRESENTATIONS OR WARRANTIES HAVE BEEN MADE, AND DONEE AGREES TO ACCEPT THE HEREIN DESCRIBED PROPERTY AS-IS AND WHERE-IS AND WITHOUT WARRANTY, EXPRESS OR IMPLIED, AS TO THE MERCHANTABILITY OF THE HEREIN DESCRIBED PROPERTY OR OF ITS FITNESS FOR ANY PARTICULAR USE OR PURPOSE. NO REPRESENTATIONS, CLAIMS, STATEMENTS, ADVERTISING OR PROMOTIONAL ACTIVITIES MADE OR CONDUCTED BY DONOR OR DONOR S AGENTS OR REPRESENTATIVES SHALL BE BINDING UPON DONOR UNLESS THE SAME ARE EXPRESSLY SET FORTH IN THIS AGREEMENT, ITS ADDENDA, OR A SUBSEQUENT WRITTEN AGREEMENT EXECUTED BY DONOR AND DONEE.

64 54. Real Estate Taxes. A) Donee and Donor agree that the Donor is accepting the Property subject to all unpaid real estate taxes, liens, mortgages or other encumbrances affecting the Property. B) Donor shall not be responsible for any amounts due, paid or to be paid after closing, including but not limited to, any taxes, penalties or interest assessed or due as a result of retroactive, postponed or additional taxes resulting from any change in use of, or construction on, or improvement to the Property, or an adjustment in the appraised value of the Property. In the event Donor has paid any taxes, special assessments or other fees and there is a refund of any such taxes, assessments or fees after closing, and Donee as current owner of the Property receives the payment, Donor understands that Donee is not required to submit the refund to Donor. C) If the Property is heated by or has storage tanks for fuel oil, liquefied petroleum gases or similar fuels, Donor will donate the fuel in the tank at closing as part of the property being donated. Donor may remove the contents of storage tanks prior to closing at Donor s expense. 55. Delivery of Possession of Property. A) Delivery of the Property. Donor shall deliver possession of the Property to Donee on the Closing Date. If Donee alters the Property or causes the Property to be altered in any way and/or occupies the Property or allows any other person to occupy the Property prior to closing without the prior written consent of Donor, such event shall constitute a breach by Donee under this Agreement and Donor may terminate this Agreement. B) Vacant Property Acquisition. If the Property is intended to be acquired by the Donee as vacant or abandoned, the following shall apply: In addition to the warranties and covenants of subparagraph (a) above, Donor warrants and covenants with Donee that (i) the Property was vacant and unoccupied at the time of commencing discussions with Donee for the accept of the Property, (ii) the Property is vacant and unoccupied at the time of the execution of this Agreement and (iii) will be delivered to Donee at the closing in a vacant and unoccupied condition. C) Occupied Property Acquisition. If the Property is intended to be acquired by the Donee as occupied property, the parties shall execute the Occupied Property Addendum attached hereto as an Addendum. 56. Title to be Delivered. At closing, Donor agrees to deliver to Donee the Deed, which conveys Donor s interest in the Property to Donee. 57. Title and Examination. At Donor s expense, Donee shall promptly order a commitment for a: (a) title insurance policy (the Title Commitment ), or (b) a title report or opinion of title (the Title Opinion ) issued by the title company of Donee s choice licensed to do business in Illinois (the Title Company ) and provide a copy to Donor upon Donee s receipt thereof. Donee shall have five (5) business

65 days from the date of its receipt of the Title Commitment or Title Opinion to examine title and make any objections thereto, which shall be made in writing to Donor or deemed waived. If any objections are so made, Donor shall be allowed sixty (60) days to make title marketable at regular rates or cancel this Agreement. Objections to title shall mean a title matter which fails to meet the customary title examination standards for title examiners for the jurisdiction in which the Property is located and makes the title unmarketable. 58. Defects in Title. Upon examination of the Title Commitment or Title Opinion by Donee and notice to Donor of a title objection, the Parties agree to proceed as follows: A) If Donee raises an objection to Donor s title to the Property as provided in Paragraph 10, which, if valid, would make title to the Property uninsurable and not corrected by the Donor within sixty (60) days, Donor shall have the right to terminate this Agreement by giving written notice of the termination to Donee, provided however, Donee shall have the right within five (5) days of such notice to either waive such defect or request Donor to proceed under Paragraph 11(C) below. B) If Donor is able to correct the problem through reasonable efforts, as Donor determines, at its sole and absolute discretion, within said sixty (60) day period, including any written extensions, or (subject to Donee s consent described in Paragraph 10) if title insurance is available from a reputable title insurance company at regular rates containing affirmative coverage for the title objections, as provided below or Donee waives the defect, then this Agreement shall remain in full force and Donee shall perform pursuant to the terms set in this Agreement. C) Donor will cooperate with the Title Company and Donee on the title corrections to remove any such exception or to make the title insurable, but any attempt by Donor to remove such title exceptions shall not impose an obligation upon Donor to remove those exceptions. D) In the event Donor, within such sixty (60) day period is not able to (i) make the title marketable or correct any problem or (ii) obtain title insurance from a reputable title insurance company, all as acceptable to Donee as provided herein, Donee may either waive the objection or terminate this Agreement without penalty. 59. Land Banking Depository Agreement. If agreed to in writing by the Parties, an SSLBDA Depository Agreement, attached hereto as an Exhibit C, entered into between the Parties with regard to the Property shall be attached to and recorded with the Deed as a deed restriction. 60. Deed A) The Deed to be delivered at closing shall be a recordable, stamped Special Warranty Deed that covenants that grantor grants only that title which grantor may have and that grantor will only defend title against persons claiming by, through, or under the grantor, but not otherwise (which Deed may be known as a Special Warranty, or a Limited Warranty Deed). Any reference to the term Deed or Special Warranty Deed herein shall be construed to refer to such form of

66 Deed. It is the intent of Donor to deliver title to the subject Property through the conveyance of the Special Warranty Deed or comparable instrument, in accordance with all applicable local, state and Federal rules, regulations and procedures. The comparable instrument, at a minimum, must contain the following language: Grantor covenants that it is seized and possessed of the said land and has a right to convey it, and warrants the title against the lawful claims of all persons claiming by, through and under it, but not further otherwise. B) Permitted Exceptions. At closing, Donor agrees to deliver to Donee the Deed which conveys fee simple title in the Property to Donee subject only to the following ( Permitted Exceptions ): (i) (ii) (iii) (iv) (v) Covenants, conditions and restrictions of record; Any private, public and utility easements and roads and highways; Zoning laws and ordinances; and General real estate taxes applicable to the Property. Any and all deed restrictions set forth and agreed to in this Agreement 61. Representations and Warranties. Donee represents and warrants to Donor the following: A) Donee is accepting the Property solely in reliance on its own investigation and inspection of the Property and not on any information, representation or warranty provided or to be provided by Donor, its servicers, representatives, brokers, employees, agents or assigns; B) Neither Donor, nor its servicers, employees, representatives, brokers, agents or assigns, has made any representations or warranties, implied or expressed, relating to the condition of the Property or the contents thereof, except as expressly set forth in this Agreement; C) Donee has not relied on any representation or warranty from Donor regarding the nature, quality or workmanship of any repairs made by Donor; and D) Donee will not occupy or cause or permit others to occupy the Property prior to closing. E) Donee has the power and authority to execute, deliver and perform the conditions set forth in this Agreement. Donee s execution of this Agreement is not subject to any further approval, vote or contingency from any person or committee; F) The execution of and performance under this Agreement will not conflict with or be a breach of any law, regulation, judgment, order, decree, writ, injunction, contract, agreement or instrument to which Donee is subject, and Donee has obtained any consent, approval, authorization or order from any court or governmental agency or body required for the execution, delivery and performance by Donee under this Agreement; and

67 G) Donee itself does not intend to use the Property as a principal residence or for family, household or personal use. H. Donee has or will receive funding from the Illinois Housing Development Agency Blight Reduction Program to demolish/deconstruct the Property and shall complete the demolition/deconstruction before March 31, I. Donee shall not sell the Property until the demolition/deconstruction of the Property has been completed, and shall only convey the Property back to the Donor upon request. J. The representations and warranties made in this paragraph shall not merge with the deed and shall survive the Closing. 62. Deliveries by Donor. Within seven (7) days after the Effective Date, if not already delivered to Donee, Donor shall deliver the following to Donee: A) Copies of all licenses, permits, inspection reports, zoning information, Certificates of Occupancy, and all reports identified in Section 3(B) herein in Donor s possession, if any. B) All building plans, diagrams, architect drawings, surveys and construction or architect contracts in Donor s possession, if any. 63. Plat of Survey B) If Donor does not provide a survey, which conforms to the standards set forth in this Agreement, within seven (7) days of the Effective Date, Donee may acquire such a survey at Donee s expense. 64. Donor Costs. Donor shall pay all of the following closing costs: 65. Donee Closing Costs. Donee shall pay for: A) All recording and service fees required in order to record the Deed; and B) Fees for Donee s Attorney C) Any title policy requires by the Donee. 66. Closing Documents. Donor shall provide and execute the following documents at closing: A) Deed B) ALTA Statement C) Power of Attorney, if applicable

68 D) Lead-Based Paint Disclosure, if required E) Municipal Transfer Tax Declaration (including Water Department Certification and Zoning Compliance Certificate, if applicable); F) County Transfer Tax Declaration; G) Gap Undertaking; H) State Transfer Tax Declaration; I) Pay-off Letters, Releases, Estoppel Letters, and Utility Letters, if applicable; J) Affidavit Regarding Donor; K) FIRPTA Affidavit; and L) Executed Settlement Statement. Donee shall provide and execute the following documents at closing: A) Affidavit Regarding Donee; B) Power of Attorney, if applicable; C) Executed Settlement Statement; and D) Survey. 67. Condominium or Planned Unit Development. If the Property is a condominium or planned unit development or co-operative, unless otherwise required by law, Donor, at Donor s own expense, is responsible for obtaining and providing the covenants, conditions and restrictions and bylaws of the condominium, or planned unit development or cooperative to Donee within five (5) days of execution of this Agreement by both Parties. Donee will be deemed to have accepted the covenants, conditions and restrictions and bylaws if Donee does not notify Donor in writing, within fifteen (15) days of receipt of said documents, of Donee s objection to the covenants, conditions and restrictions and/or bylaws. Donee understands and acknowledges that this transaction may be subject to the written consent of the governing body of a condominium, planned unit development, co-operative, or home owner's association, depending on the covenants, conditions and restrictions and/or bylaws of said governing body. Donee agrees to promptly submit such references or other information as such governing body may require and Donee agrees to cooperate in any reasonable manner to obtain such consent, including a personal appearance by Donee before such governing body. Donee shall be solely responsible for obtaining such consent. If after reasonable efforts, Donee is unable to obtain such governing body s consent to this transaction, Donee may terminate this Agreement. Upon termination of this Agreement, Donee and Donor shall have no further liability, no further obligation, and no further responsibility each to the other and Donee and Donor shall be

69 released from any further obligation each to the other in connection with this Agreement. 68. Lead Paint Disclosure. (Check the provision that applies.) Donor represents that the dwelling was constructed on the real property in 1978 or later. X Donor represents that the dwelling was constructed on the real property before (If such housing is located on the real property, attached and made a part of this Agreement is the form, LEAD PAINT ADDENDUM FOR HOUSING CONSTRUCTED BEFORE 1978.) 69. Cancellation of Contracts. On or prior to the Closing Date, Donor agrees to cancel any contracts that Donor (or Donor s agent) has with respect to the Property, effective as of the Closing Date, and to pay any amounts due with respect to any such contract after the Closing Date. Donor agrees to cooperate with Donee in causing the utility accounts associated with the Property to be transferred into the name of Donee as of the Closing Date (unless there is a credit on the settlement statement for the payment of such utility service charges). 70. Remedies for Default. A) In the event of Donee s default, material breach or material misrepresentation of any fact under the terms of this Agreement, Donor is automatically released from the obligation to donate the Property to Donee and neither Donor nor its representatives, agents, attorneys, successors, or assigns shall be liable to Donee for any damages of any kind as a result of Donor s failure to donate and convey the Property. B) Any consent by any Party to, or waiver of, a breach by the other, whether express or implied, shall not constitute consent to, waiver of, or excuse for any different or subsequent breach. C) The Parties agree that neither Party shall be liable to the other for any special, consequential or punitive damages whatsoever, whether in contract, tort (including negligence and strict liability) or any other legal or equitable principle, or any other such expense or cost arising from or related to this Agreement or a breach of this Agreement. 71. Indemnification. Donee agrees to indemnify and fully protect, defend, and hold Donor, its officers, directors, employees, shareholders, servicers, representatives, agents, appraisers, attorneys, tenants, brokers, successors or assigns harmless from and against any and all claims, costs, liens, loss, damages, attorney s fees and expenses of every kind and nature that may be sustained by or made against Donor, its officers, directors, employees, shareholders, servicers, representatives, agents, appraisers, attorneys, tenants, brokers, successors or assigns, resulting from or arising out of: A) inspections or repairs made by Donee or its agents, employees, contractors, successors or assigns;

70 B) the imposition of any fine or penalty imposed by any municipal or governmental entity resulting from Donee s failure to timely obtain any necessary Certificate of Occupancy or to comply with equivalent laws and regulations; and C) claims for amounts due and owed by Donor for taxes, homeowner association dues or assessment or any other items prorated at closing under Paragraph 7 of this Agreement, including any penalty or interest and other charges, arising from the proration of such amounts for which Donee received a credit at closing under Paragraph 7 of this Agreement. 72. Risk of Loss. Donor assumes all risk of loss related to damage to the Property prior to the Closing Date. In the event of fire, destruction or other casualty loss to the Property after Donor s acceptance of this Agreement and prior to closing and funding, either Party may terminate this Agreement and neither Party shall have any further rights or liabilities hereunder except as provided in Paragraph 28 of this Agreement. 73. Eminent Domain. In the event that Donor s interest in the Property, or any part thereof, shall have been taken by eminent domain or shall be in the process of being taken on or before the Closing Date, either Party may terminate this Agreement and neither Party shall have any further rights or liabilities hereunder except as provided in Paragraph 28 of this Agreement. 74. Keys. If Donor is not in possession of keys, including but not limited to, mailbox keys, recreation area keys, gate cards, or automatic garage remote controls, then the cost of obtaining the same will be the responsibility of Donee. Donee also understands that if the Property includes an alarm system, Donor cannot provide the access code and/or key and that Donee is responsible for any costs associated with the alarm and/or changing the access code or obtaining keys. If the Property is presently on a Master Key System, Donor will re-key the exterior doors to the Property prior to closing at Donor s expense. 75. Full Performance and Survival. Donor shall have been deemed to have fully performed and discharged Donor s obligations under this Agreement upon recording of the Deed to the Property in the Recorder s Office of Cook County. Notwithstanding anything to the contrary in this Agreement, the provisions of Paragraph 24 of this Agreement, as well as any other provision which contemplates performance or observance subsequent to any termination or expiration of this Agreement, shall survive the closing, funding and the delivery of the Deed and/or termination of this Agreement by any Party and continue in full force and effect. 76. Severability. The invalidity, illegality or enforceability of any provision of this Agreement shall not affect the validity or enforceability of any other provision of this Agreement, all of which shall remain in full force and effect. 77. Assignment of Agreement. Parties shall not assign this Agreement without the express written consent of the non-assigning Party. Assignment without written consent of all Parties will be deemed null and void, with all Parties remaining bound by the terms of this Agreement. 78. Entire Agreement. This Agreement, including the disclosure of information on lead based paint and/or lead based paint hazards or Donor Disclosure and Release Addendum or other disclosure forms or notices required by law, constitutes the entire agreement between Donee

71 and Donor concerning the subject matter hereof and supersedes all previous communications, understandings, representations, warranties, covenants or agreements, either written or oral and there are no oral or other written agreements between Donee and Donor. NO ORAL PROMISES, REPRESENTATIONS (EXPRESSED OR IMPLIED), WARRANTIES OR AGREEMENTS MADE BY DONOR AND/OR BROKERS OR ANY PERSON ACTING ON BEHALF OF DONOR SHALL BE DEEMED VALID OR BINDING UPON DONOR UNLESS EXPRESSLY INCLUDED IN THIS AGREEMENT. All negotiations are merged into this Agreement. Donor is not obligated by any other written or verbal statements made by Donor, Donor s representatives, or any real estate licensee. 79. Modification. No provision, term or clause of this Agreement shall be revised, modified, amended or waived except by an instrument in writing signed by Donee and Donor. 80. Rights of Others. This Agreement does not create any rights, claims or benefits inuring to any person or entity, other than Donor s successors and/or assigns and Donee. 81. Counterparts. This Agreement may be executed in any number of counterparts and each such counterpart shall be deemed to be an original, but all of which, when taken together, shall constitute one agreement. 82. Headings. The titles to the sections and headings of various paragraphs of this Agreement are placed for convenience of reference only and in case of conflict, the text of this Agreement, rather than such titles or headings shall control. 83. Gender. Unless the context otherwise requires, singular nouns and pronouns, when used herein, shall be deemed to include the plural of such nouns or pronouns and pronouns of one gender shall be deemed to include the equivalent pronoun of the other gender. 84. Force Majeure. Except as provided in Paragraph 28 to this Agreement, no Party shall be responsible for delays or failure of performance resulting from acts of God, riots, acts of war, epidemics, power failures, earthquakes or other disasters, providing such delay or failure of performance could not have been prevented by reasonable precautions and cannot reasonably be circumvented by such Party through use of alternate sources, workaround plans or other means. 85. Attorney Review. The Parties acknowledge that each Party has had the opportunity to consult with its respective legal counsel regarding this Agreement and that accordingly the terms of this Agreement are not to be construed against any Party because that Party drafted this Agreement or construed in favor of any Party because that Party failed to understand the legal effect of the provisions of this Agreement. 86. Notices. Any notices required to be given under this Agreement shall be deemed to have been delivered when actually received in the case of hand or overnight delivery, or five (5) days after mailing by first class mail, postage paid. All notices to Parties will be deemed sent or delivered if sent or delivered to the Party or its agent, at the addresses set forth below:

72 To Donor: Thomas K. Mick, Village Manager Village of Park Forest 350 Victory Drive Park Forest, Illinois With a copy to: Mark H. Sterk Odelson & Sterk, Ltd West 95 th Street Evergreen Park, Illinois To SSLBDA: Russell Rydin, Executive Director South Suburban Land Bank and Development Authority 3700 W. 183 rd Street, Suite B100 Hazel Crest, Illinois With a copy to : Brent O. Denzin Ancel Glink P.C. 140 South Dearborn, Suite 600 Chicago, Illinois Successors and Assigns. This Agreement shall be binding upon and inure to the benefit of the successors and assigns of each of the Parties hereto. 88. Invalidity. If for any reason any portion or paragraph of this Agreement shall be declared void and unenforceable by any court of law or equity, it shall only affect such particular portion or paragraph of this Agreement and the balance of this Agreement shall remain in full force and effect and shall be binding upon the Parties hereto. 89. Attorneys Fees. Each Party shall pay the fees and costs of its own counsel. In the event a legal proceeding is commenced to enforce this Agreement, the prevailing Party shall be entitled to reasonable attorneys fees and costs from the other Party. 90. Cumulative Rights. The rights, options, election and remedies contained in this Agreement shall be cumulative; and no one such rights, options, elections and remedies shall be construed as excluding any other of them or any right or remedy allowed or provided by law. 91. Governing Law. This Agreement shall be governed and construed in accordance with the laws of the jurisdiction in which the Property is located. 92. Donor Authority. Donor has full power and authority to enter into this Agreement

73 and to perform all its obligations hereunder, and has taken all action required by law, its governing instruments, or otherwise to authorize the execution, delivery, and performance of this Agreement and all the deeds, agreements, certificates, and other documents contemplated herein. This Agreement has been duly executed by and is a valid and binding agreement of Donor, enforceable in accordance with its terms, except as enforceability may be limited by equitable principles or by the laws of bankruptcy, insolvency, or other laws affecting creditors rights generally. IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as of the date and year first above written. DONOR: Village of Park Forest By: Its: Thomas K. Mick Village Manager DONEE: South Suburban Land Bank and Development Authority By: Its: Russell Rydin Executive Director

74 EXHIBIT A Legal Description of Property LEGAL DESCRIPTION LOT 5 IN BLOCK 8 IN VILLAGE OF PARK FOREST AREA NO. 1, BEING A SUBDIVISION OF PART OF THE NORTHWEST QUARTER AND THE NORTHEAST QUARTER OF SECTION 30, TOWNSHIP 35 NORTH, RANGE 14, EAST OF THE THIRD PRINCIPAL MERIDIAN, LYING SOUTH OF THE SOUTH RIGHT OF WAY LINE OF THE ELGIN, JOLIET, AND EASTERN RAILROAD, IN COOK COUNTY, ILLINOIS. ADDRESS: 223 ARCADIA STREET, PARK FOREST, IL PIN:

75 EXHIBIT B Personal Property NONE, UNLESS SPECIFICALLY IDENTIFIED BELOW:

76 LEAD PAINT ADDENDUM FOR HOUSING CONSTRUCTED BEFORE 1978 TO ACCEPT AGREEMENT BETWEEN VILLAGE OF PARK FOREST AS DONOR AND SOUTH SUBURBAN LAND BANK AND DEVELOPMENT AUTHORITY, AS DONEE LEAD WARNING STATEMENT Every Donee of any interest in residential real property on which a residential dwelling was built before 1978 is notified that such property may present exposure to lead from lead-based paint that may place young children at risk of developing lead poisoning. Lead poisoning in young children may produce permanent neurological damage, including learning disabilities, reduced intelligence quotient, behavioral problems, and impaired memory. Lead poisoning also poses a particular risk to pregnant women. The Donor of any interest in residential real property is required to provide the buyer with any information on lead-based paint hazards from risk assessments or inspections in the Donor s possession and notify the buyer of any known lead-based paint hazards. A risk assessment or inspection for possible lead-based paint hazards is recommended before accept. DONOR S DISCLOSURE 3. Presence of lead-based paint and/or lead-based paint hazards (check items a or b below): a. Known lead-based paint and/or lead-based paint hazards are present in the housing. If checked, the following explanation is provided: b. x Donor has no knowledge of lead-based paint and/or lead-based paint hazards in the housing. 4. Records and reports available to Donor (check item a or b below): a. Donor has provided Buyer with all available records and reports pertaining to lead-based paint and/or lead-based paint hazards in the housing. If checked, the following documents were provided: b. X Donor has no reports or records pertaining to lead-based paint and/or lead-based paint hazards in the housing. DONEE S ACKNOWLEDGMENT 1. Buyer has read the Lead Warning Statement above and understands its contents, and has received copies of all information listed above. 2. Buyer has received the pamphlet Protect Your Family from Lead in Your Home. 3. Buyer has either (check one of the boxes below): received a 10-day opportunity (or mutually agreed-upon period) to conduct a risk assessment or inspection for the presence of lead-based paint and/or lead-based paint hazards; or waived the opportunity to conduct a risk assessment or inspection for the presence of leadbased paint and/or lead-based paint hazards. Lead Paint Addendum Page 1

77 AGENT S ACKNOWLEDGMENT BY AGENT S EXECUTION BELOW, AGENT ACKNOWLEDGES THAT: Agent has informed Donor of Donor s obligations under 42 U.S.C. 4852d and is aware of his or her responsibility to ensure compliance. CERTIFICATION OF ACCURACY The following parties have reviewed the information above and certify, to the best of their knowledge, that the information they have provided is true and accurate. DONOR: Village of Park Forest, IL By: DONEE: South Suburban Land Bank and Development Authority By: Its: Its: Listing broker/agent date Donating broker/agent date Lead Paint Addendum Page 2

78 NOTE: PLEASE COMPLETE THIS ADDENDUM ONLY WHEN OCCUPIED PROPERTIES ARE BEING ACQUIRED BY THE DONEE. ADDENDUM TO ACCEPT AND SALE AGREEMENT (Occupied Property) THIS ADDENDUM TO ACCEPT AND SALE AGREEMENT (Occupied Property) ( Addendum ) is dated as of the day of, 20, between ( Donor ) and SOUTH SUBURBAN LAND BANK AND DEVELOPMENT AUTHORITY ( Donee ), amending that certain Accept and Donate Agreement between the Parties of even date herewith ( Acceptance Agreement ). To the extent that this Addendum is inconsistent with the terms of the Acceptance Agreement, then the terms of this Addendum shall control. Any capitalized term not defined in this Addendum shall have the meaning given such term in the Acceptance Agreement. The Acceptance Agreement is hereby amended as follows: 13. Deed. Paragraph 13(B) shall be amended by adding the following: (ix) Existing rights of tenants in possession, if any. 14. Representations and Warranties. Paragraph 14(D) is amended and restated in its entirety as follows: Donee will not occupy or cause or permit others, other than Tenants in possession as of the Effective Date, to occupy the Property prior to closing and funding and, unless and until any necessary Certificate of Occupancy has been obtained from the appropriate governmental entity, will not occupy or cause or permit others, other than Tenants in possession as of the Effective Date, to occupy the Property until after the closing. 15. Deliveries by Donors. Paragraph 15 is amended by adding the following: (c) Copies of all Leases in Donor s possession, if any. 19. Closing Documents. In addition to the closing documents set forth at Paragraph 19, Donor and Donee shall execute and deliver at closing, an assignment of Donor s rights and interests, if any, to all Leases (defined below) by all Tenants, in the form and content acceptable to both Parties, pursuant to which Donor assigns and conveys to Donee all of Donor s right, title and interest, if any, in and to the Leases and Donee accepts such assignment and conveyance and assumes all obligations under said Leases, including but not limited to compliance with the Protecting Tenants at Foreclosure Act of 2009 and any similar state laws, from and after the Closing Date. Occupied Property Addendum Page 1

79 93. Leases. The following Paragraph 46 shall be added: The Property shall be sold subject to the rights and tenancies of any tenant ( Tenant ) of the Property as of the Closing Date pursuant to a written or oral lease ( Lease ), if any. (b) Donee acknowledges that Donor may not have copies of the Leases or knowledge of the original terms of any oral lease. Donor shall deliver to Donee a signed copy of all Leases in Donor s possession, if any, with respect to the Property and, upon Donee s request, any information, reports, or other items that are in the possession of the Donor or Donor s real estate agent (if engaged by Donor in connection with this transaction) with respect to any Lease. Donee shall have ten (10) business days after review of said information, reports and notices to terminate this Agreement, whereupon this Agreement shall be null and void and neither Party shall have any further rights or liabilities hereunder except as provided in Paragraph 21 of this Agreement. A) After the Effective Date, Donor will not, without Donee s consent, enter into, amend or terminate any Lease with respect to the Property. B) Donor shall deliver to Donee, in addition to any other items required by this Agreement, all security deposits paid by a Tenant under a Lease and all accrued interest thereon actually received by Donor ( Security Deposit ), if any. C) Donor shall cooperate with Buyer to provide notices to each Tenant under a Lease advising them of the sale of the Property, confirming the transfer of the Tenant s Security Deposits and directing them to make future rent payments to Donee. 94. No Other Amendment. Except as herein amended, the Accept Agreement remains in full force and effect and is hereby ratified and confirmed. [SIGNATURE PAGES TO FOLLOW]

80 DONOR: VILLAGE OF PARK FOREST, IL By: Its: DONEE: SOUTH SUBURBAN LAND BANK AND DEVELOPMENT AUTHORITY By: Its:

81 EXHIBIT D DONATION ACCEPTANCE AGREEMENT 264 ARROWHEAD STREET

82 SOUTH SUBURBAN LAND BANK AND DEVELOPMENT AUTHORITY DONATION ACCEPTANCE AGREEMENT THIS DONATION ACCEPTANCE AGREEMENT (the Agreement ) is made between Village of Park Forest, Illinois ( Donor ) and South Suburban Land Bank and Development Authority ( SSLBDA or Donee ). This Agreement is effective as of (the Effective Date ). Recitals Donor owns certain real property, improvements, appurtenances and hereditaments located at 264 Arrowhead Street, Park Forest, Cook County, Illinois legally described on Exhibit A attached to this Agreement (the Property ) and wishes to donate the Property to SSLBDA. SSLBDA wishes to accept the donated Property under subject to the terms and conditions set forth below. Therefore, the Parties hereto agree as follows: Agreement 95. Donation of Property. Subject to both Parties compliance with the terms and conditions of this Agreement, Donor shall donate to SSLBDA and SSLBDA shall accept from Donor the Property. 96. Closing Date. A) The closing shall take place on or before, 2018 (the Closing Date ), unless the Closing Date is extended in writing signed by Donor and SSLBDA or otherwise extended by Donor under the terms of this Agreement. The closing shall be held in the offices of the Donee s attorney, or at a place so designated and approved by the Parties in writing. If the closing does not occur by the date specified in this Paragraph or in any extension, this Agreement is automatically terminated. 97. Inspection and Acceptance. A) Before entering into this Agreement, Donor shall have provided Donee with full and unlimited access to the Property, and Donee shall have inspected the Property and obtained for its own use, benefit and reliance, inspections and/or reports on the condition of the Property. Donee has reviewed all necessary inspection reports and, subject to the terms and conditions of this Agreement, has accepted the Property. B) Within fourteen (14) days of the Effective Date, Donor shall send to SSLBDA copies of any and all of the following that are in Donor s possession: (i) structural, electrical, mechanical, plumbing, termite inspection, zoning, code compliance or pending improvements reports relating to the Property, (ii) notices of any violations of laws or governmental ordinances, regulations or laws relating to the Property, and (iii) any notice, writing or information regarding

83 any pending or threatened litigation relating to the Property, and where such information, reports, or other items are in the possession of the REO department of Donor or Donor s real estate agent (if engaged by Donor in connection with this transaction). Donee acknowledges that the inspection reports prepared or caused to be prepared by Donor are for the use and benefit of Donor. Donee will not rely solely upon any such inspection reports obtained by Donor in making a decision to accept the Property; provided however, Donee shall have ten (10) business days after review of said information, reports and notices to terminate this Agreement, whereupon this Agreement shall be null and void and neither Party shall have any further rights or liabilities hereunder. 98. Personal Property. Items of personal property, including but not limited to window coverings, appliances, manufactured homes, mobile homes, vehicles, spas, antennas, satellite dishes and garage door openers, now or hereafter located on the Property are not included in this donation unless the personal property is specifically described and referenced on Exhibit B attached to and made a part of this Agreement. Any personal property at or on the Property may be subject to claims by third parties and, therefore, shall be removed from the Property prior to the Closing Date. SSLBDA assumes no responsibility for any personal property remaining on the Property at the time of closing. 99. Condition of Property. Donee is purchasing the Property in its current As Is condition subject only to such repairs as may be expressly required under this Agreement or agreed to in writing by Donor and Donee prior to closing. Should any lender, insuring entity, governmental body or agency require that certain repairs to the Property be made or that certain other conditions or requirements be met prior to Closing, Donor, at its sole option, may comply with such requirement or terminate the Agreement As-Is Condition. OTHER THAN EXPRESS REPRESENTATIONS SET FORTH HEREIN, DONOR DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES AS TO THE PHYSICAL CONDITION OF THE PROPERTY, THE APPLIANCES, UTILITY FIXTURES, EQUIPMENT AND OTHER APPURTENANCES RELATING THERETO; OR ANY OTHER MATTER AFFECTING OR RELATING TO THE HEREIN DESCRIBED PROPERTY (OTHER THAN THE WARRANTY OF TITLE ACCORDING TO THE SPECIAL WARRANTY DEED TO BE DELIVERED AT CLOSING), AND THAT DONEE HAS BEEN AFFORDED AN ADEQUATE OPPORTUNITY TO INSPECT AND EVALUATE THE CONDITION OF THE PROPERTY. DONEE HEREBY EXPRESSLY ACKNOWLEDGES THAT NO SUCH REPRESENTATIONS OR WARRANTIES HAVE BEEN MADE, AND DONEE AGREES TO ACCEPT THE HEREIN DESCRIBED PROPERTY AS-IS AND WHERE-IS AND WITHOUT WARRANTY, EXPRESS OR IMPLIED, AS TO THE MERCHANTABILITY OF THE HEREIN DESCRIBED PROPERTY OR OF ITS FITNESS FOR ANY PARTICULAR USE OR PURPOSE. NO REPRESENTATIONS, CLAIMS, STATEMENTS, ADVERTISING OR PROMOTIONAL ACTIVITIES MADE OR CONDUCTED BY DONOR OR DONOR S AGENTS OR REPRESENTATIVES SHALL BE BINDING UPON DONOR UNLESS THE SAME ARE EXPRESSLY SET FORTH IN THIS AGREEMENT, ITS ADDENDA, OR A SUBSEQUENT WRITTEN AGREEMENT EXECUTED BY DONOR AND DONEE.

84 101. Real Estate Taxes. A) Donee and Donor agree that the Donor is accepting the Property subject to all unpaid real estate taxes, liens, mortgages or other encumbrances affecting the Property. B) Donor shall not be responsible for any amounts due, paid or to be paid after closing, including but not limited to, any taxes, penalties or interest assessed or due as a result of retroactive, postponed or additional taxes resulting from any change in use of, or construction on, or improvement to the Property, or an adjustment in the appraised value of the Property. In the event Donor has paid any taxes, special assessments or other fees and there is a refund of any such taxes, assessments or fees after closing, and Donee as current owner of the Property receives the payment, Donor understands that Donee is not required to submit the refund to Donor. C) If the Property is heated by or has storage tanks for fuel oil, liquefied petroleum gases or similar fuels, Donor will donate the fuel in the tank at closing as part of the property being donated. Donor may remove the contents of storage tanks prior to closing at Donor s expense Delivery of Possession of Property. A) Delivery of the Property. Donor shall deliver possession of the Property to Donee on the Closing Date. If Donee alters the Property or causes the Property to be altered in any way and/or occupies the Property or allows any other person to occupy the Property prior to closing without the prior written consent of Donor, such event shall constitute a breach by Donee under this Agreement and Donor may terminate this Agreement. B) Vacant Property Acquisition. If the Property is intended to be acquired by the Donee as vacant or abandoned, the following shall apply: In addition to the warranties and covenants of subparagraph (a) above, Donor warrants and covenants with Donee that (i) the Property was vacant and unoccupied at the time of commencing discussions with Donee for the accept of the Property, (ii) the Property is vacant and unoccupied at the time of the execution of this Agreement and (iii) will be delivered to Donee at the closing in a vacant and unoccupied condition. C) Occupied Property Acquisition. If the Property is intended to be acquired by the Donee as occupied property, the parties shall execute the Occupied Property Addendum attached hereto as an Addendum Title to be Delivered. At closing, Donor agrees to deliver to Donee the Deed, which conveys Donor s interest in the Property to Donee Title and Examination. At Donor s expense, Donee shall promptly order a commitment for a: (a) title insurance policy (the Title Commitment ), or (b) a title report or opinion of title (the Title Opinion ) issued by the title company of Donee s choice licensed to do business in Illinois (the Title Company ) and provide a copy to Donor upon Donee s receipt thereof. Donee shall have five (5) business

85 days from the date of its receipt of the Title Commitment or Title Opinion to examine title and make any objections thereto, which shall be made in writing to Donor or deemed waived. If any objections are so made, Donor shall be allowed sixty (60) days to make title marketable at regular rates or cancel this Agreement. Objections to title shall mean a title matter which fails to meet the customary title examination standards for title examiners for the jurisdiction in which the Property is located and makes the title unmarketable Defects in Title. Upon examination of the Title Commitment or Title Opinion by Donee and notice to Donor of a title objection, the Parties agree to proceed as follows: A) If Donee raises an objection to Donor s title to the Property as provided in Paragraph 10, which, if valid, would make title to the Property uninsurable and not corrected by the Donor within sixty (60) days, Donor shall have the right to terminate this Agreement by giving written notice of the termination to Donee, provided however, Donee shall have the right within five (5) days of such notice to either waive such defect or request Donor to proceed under Paragraph 11(C) below. B) If Donor is able to correct the problem through reasonable efforts, as Donor determines, at its sole and absolute discretion, within said sixty (60) day period, including any written extensions, or (subject to Donee s consent described in Paragraph 10) if title insurance is available from a reputable title insurance company at regular rates containing affirmative coverage for the title objections, as provided below or Donee waives the defect, then this Agreement shall remain in full force and Donee shall perform pursuant to the terms set in this Agreement. C) Donor will cooperate with the Title Company and Donee on the title corrections to remove any such exception or to make the title insurable, but any attempt by Donor to remove such title exceptions shall not impose an obligation upon Donor to remove those exceptions. D) In the event Donor, within such sixty (60) day period is not able to (i) make the title marketable or correct any problem or (ii) obtain title insurance from a reputable title insurance company, all as acceptable to Donee as provided herein, Donee may either waive the objection or terminate this Agreement without penalty Land Banking Depository Agreement. If agreed to in writing by the Parties, an SSLBDA Depository Agreement, attached hereto as an Exhibit C, entered into between the Parties with regard to the Property shall be attached to and recorded with the Deed as a deed restriction Deed A) The Deed to be delivered at closing shall be a recordable, stamped Special Warranty Deed that covenants that grantor grants only that title which grantor may have and that grantor will only defend title against persons claiming by, through, or under the grantor, but not otherwise (which Deed may be known as a Special Warranty, or a Limited Warranty Deed). Any reference to the term Deed or Special Warranty Deed herein shall be construed to refer to such form of

86 Deed. It is the intent of Donor to deliver title to the subject Property through the conveyance of the Special Warranty Deed or comparable instrument, in accordance with all applicable local, state and Federal rules, regulations and procedures. The comparable instrument, at a minimum, must contain the following language: Grantor covenants that it is seized and possessed of the said land and has a right to convey it, and warrants the title against the lawful claims of all persons claiming by, through and under it, but not further otherwise. B) Permitted Exceptions. At closing, Donor agrees to deliver to Donee the Deed which conveys fee simple title in the Property to Donee subject only to the following ( Permitted Exceptions ): (i) (ii) (iii) (iv) (v) Covenants, conditions and restrictions of record; Any private, public and utility easements and roads and highways; Zoning laws and ordinances; and General real estate taxes applicable to the Property. Any and all deed restrictions set forth and agreed to in this Agreement 108. Representations and Warranties. Donee represents and warrants to Donor the following: A) Donee is accepting the Property solely in reliance on its own investigation and inspection of the Property and not on any information, representation or warranty provided or to be provided by Donor, its servicers, representatives, brokers, employees, agents or assigns; B) Neither Donor, nor its servicers, employees, representatives, brokers, agents or assigns, has made any representations or warranties, implied or expressed, relating to the condition of the Property or the contents thereof, except as expressly set forth in this Agreement; C) Donee has not relied on any representation or warranty from Donor regarding the nature, quality or workmanship of any repairs made by Donor; and D) Donee will not occupy or cause or permit others to occupy the Property prior to closing. E) Donee has the power and authority to execute, deliver and perform the conditions set forth in this Agreement. Donee s execution of this Agreement is not subject to any further approval, vote or contingency from any person or committee; F) The execution of and performance under this Agreement will not conflict with or be a breach of any law, regulation, judgment, order, decree, writ, injunction, contract, agreement or instrument to which Donee is subject, and Donee has obtained any consent, approval, authorization or order from any court or governmental agency or body required for the execution, delivery and performance by Donee under this Agreement; and

87 G) Donee itself does not intend to use the Property as a principal residence or for family, household or personal use. H. Donee has or will receive funding from the Illinois Housing Development Agency Blight Reduction Program to demolish/deconstruct the Property and shall complete the demolition/deconstruction before March 31, I. Donee shall not sell the Property until the demolition/deconstruction of the Property has been completed, and shall only convey the Property back to the Donor upon request. J. The representations and warranties made in this paragraph shall not merge with the deed and shall survive the Closing Deliveries by Donor. Within seven (7) days after the Effective Date, if not already delivered to Donee, Donor shall deliver the following to Donee: A) Copies of all licenses, permits, inspection reports, zoning information, Certificates of Occupancy, and all reports identified in Section 3(B) herein in Donor s possession, if any. B) All building plans, diagrams, architect drawings, surveys and construction or architect contracts in Donor s possession, if any Plat of Survey C) If Donor does not provide a survey, which conforms to the standards set forth in this Agreement, within seven (7) days of the Effective Date, Donee may acquire such a survey at Donee s expense Donor Costs. Donor shall pay all of the following closing costs: 112. Donee Closing Costs. Donee shall pay for: A) All recording and service fees required in order to record the Deed; and B) Fees for Donee s Attorney C) Any title policy requires by the Donee Closing Documents. Donor shall provide and execute the following documents at closing: A) Deed B) ALTA Statement C) Power of Attorney, if applicable

88 D) Lead-Based Paint Disclosure, if required E) Municipal Transfer Tax Declaration (including Water Department Certification and Zoning Compliance Certificate, if applicable); F) County Transfer Tax Declaration; G) Gap Undertaking; H) State Transfer Tax Declaration; I) Pay-off Letters, Releases, Estoppel Letters, and Utility Letters, if applicable; J) Affidavit Regarding Donor; K) FIRPTA Affidavit; and L) Executed Settlement Statement. Donee shall provide and execute the following documents at closing: A) Affidavit Regarding Donee; B) Power of Attorney, if applicable; C) Executed Settlement Statement; and D) Survey Condominium or Planned Unit Development. If the Property is a condominium or planned unit development or co-operative, unless otherwise required by law, Donor, at Donor s own expense, is responsible for obtaining and providing the covenants, conditions and restrictions and bylaws of the condominium, or planned unit development or cooperative to Donee within five (5) days of execution of this Agreement by both Parties. Donee will be deemed to have accepted the covenants, conditions and restrictions and bylaws if Donee does not notify Donor in writing, within fifteen (15) days of receipt of said documents, of Donee s objection to the covenants, conditions and restrictions and/or bylaws. Donee understands and acknowledges that this transaction may be subject to the written consent of the governing body of a condominium, planned unit development, co-operative, or home owner's association, depending on the covenants, conditions and restrictions and/or bylaws of said governing body. Donee agrees to promptly submit such references or other information as such governing body may require and Donee agrees to cooperate in any reasonable manner to obtain such consent, including a personal appearance by Donee before such governing body. Donee shall be solely responsible for obtaining such consent. If after reasonable efforts, Donee is unable to obtain such governing body s consent to this transaction, Donee may terminate this Agreement. Upon termination of this Agreement, Donee and Donor shall have no further liability, no further obligation, and no further responsibility each to the other and Donee and Donor shall be

89 released from any further obligation each to the other in connection with this Agreement Lead Paint Disclosure. (Check the provision that applies.) Donor represents that the dwelling was constructed on the real property in 1978 or later. X Donor represents that the dwelling was constructed on the real property before (If such housing is located on the real property, attached and made a part of this Agreement is the form, LEAD PAINT ADDENDUM FOR HOUSING CONSTRUCTED BEFORE 1978.) 116. Cancellation of Contracts. On or prior to the Closing Date, Donor agrees to cancel any contracts that Donor (or Donor s agent) has with respect to the Property, effective as of the Closing Date, and to pay any amounts due with respect to any such contract after the Closing Date. Donor agrees to cooperate with Donee in causing the utility accounts associated with the Property to be transferred into the name of Donee as of the Closing Date (unless there is a credit on the settlement statement for the payment of such utility service charges) Remedies for Default. A) In the event of Donee s default, material breach or material misrepresentation of any fact under the terms of this Agreement, Donor is automatically released from the obligation to donate the Property to Donee and neither Donor nor its representatives, agents, attorneys, successors, or assigns shall be liable to Donee for any damages of any kind as a result of Donor s failure to donate and convey the Property. B) Any consent by any Party to, or waiver of, a breach by the other, whether express or implied, shall not constitute consent to, waiver of, or excuse for any different or subsequent breach. C) The Parties agree that neither Party shall be liable to the other for any special, consequential or punitive damages whatsoever, whether in contract, tort (including negligence and strict liability) or any other legal or equitable principle, or any other such expense or cost arising from or related to this Agreement or a breach of this Agreement Indemnification. Donee agrees to indemnify and fully protect, defend, and hold Donor, its officers, directors, employees, shareholders, servicers, representatives, agents, appraisers, attorneys, tenants, brokers, successors or assigns harmless from and against any and all claims, costs, liens, loss, damages, attorney s fees and expenses of every kind and nature that may be sustained by or made against Donor, its officers, directors, employees, shareholders, servicers, representatives, agents, appraisers, attorneys, tenants, brokers, successors or assigns, resulting from or arising out of: A) inspections or repairs made by Donee or its agents, employees, contractors, successors or assigns;

90 B) the imposition of any fine or penalty imposed by any municipal or governmental entity resulting from Donee s failure to timely obtain any necessary Certificate of Occupancy or to comply with equivalent laws and regulations; and C) claims for amounts due and owed by Donor for taxes, homeowner association dues or assessment or any other items prorated at closing under Paragraph 7 of this Agreement, including any penalty or interest and other charges, arising from the proration of such amounts for which Donee received a credit at closing under Paragraph 7 of this Agreement Risk of Loss. Donor assumes all risk of loss related to damage to the Property prior to the Closing Date. In the event of fire, destruction or other casualty loss to the Property after Donor s acceptance of this Agreement and prior to closing and funding, either Party may terminate this Agreement and neither Party shall have any further rights or liabilities hereunder except as provided in Paragraph 28 of this Agreement Eminent Domain. In the event that Donor s interest in the Property, or any part thereof, shall have been taken by eminent domain or shall be in the process of being taken on or before the Closing Date, either Party may terminate this Agreement and neither Party shall have any further rights or liabilities hereunder except as provided in Paragraph 28 of this Agreement Keys. If Donor is not in possession of keys, including but not limited to, mailbox keys, recreation area keys, gate cards, or automatic garage remote controls, then the cost of obtaining the same will be the responsibility of Donee. Donee also understands that if the Property includes an alarm system, Donor cannot provide the access code and/or key and that Donee is responsible for any costs associated with the alarm and/or changing the access code or obtaining keys. If the Property is presently on a Master Key System, Donor will re-key the exterior doors to the Property prior to closing at Donor s expense Full Performance and Survival. Donor shall have been deemed to have fully performed and discharged Donor s obligations under this Agreement upon recording of the Deed to the Property in the Recorder s Office of Cook County. Notwithstanding anything to the contrary in this Agreement, the provisions of Paragraph 24 of this Agreement, as well as any other provision which contemplates performance or observance subsequent to any termination or expiration of this Agreement, shall survive the closing, funding and the delivery of the Deed and/or termination of this Agreement by any Party and continue in full force and effect Severability. The invalidity, illegality or enforceability of any provision of this Agreement shall not affect the validity or enforceability of any other provision of this Agreement, all of which shall remain in full force and effect Assignment of Agreement. Parties shall not assign this Agreement without the express written consent of the non-assigning Party. Assignment without written consent of all Parties will be deemed null and void, with all Parties remaining bound by the terms of this Agreement Entire Agreement. This Agreement, including the disclosure of information on lead based paint and/or lead based paint hazards or Donor Disclosure and Release Addendum or other disclosure forms or notices required by law, constitutes the entire agreement between Donee

91 and Donor concerning the subject matter hereof and supersedes all previous communications, understandings, representations, warranties, covenants or agreements, either written or oral and there are no oral or other written agreements between Donee and Donor. NO ORAL PROMISES, REPRESENTATIONS (EXPRESSED OR IMPLIED), WARRANTIES OR AGREEMENTS MADE BY DONOR AND/OR BROKERS OR ANY PERSON ACTING ON BEHALF OF DONOR SHALL BE DEEMED VALID OR BINDING UPON DONOR UNLESS EXPRESSLY INCLUDED IN THIS AGREEMENT. All negotiations are merged into this Agreement. Donor is not obligated by any other written or verbal statements made by Donor, Donor s representatives, or any real estate licensee Modification. No provision, term or clause of this Agreement shall be revised, modified, amended or waived except by an instrument in writing signed by Donee and Donor Rights of Others. This Agreement does not create any rights, claims or benefits inuring to any person or entity, other than Donor s successors and/or assigns and Donee Counterparts. This Agreement may be executed in any number of counterparts and each such counterpart shall be deemed to be an original, but all of which, when taken together, shall constitute one agreement Headings. The titles to the sections and headings of various paragraphs of this Agreement are placed for convenience of reference only and in case of conflict, the text of this Agreement, rather than such titles or headings shall control Gender. Unless the context otherwise requires, singular nouns and pronouns, when used herein, shall be deemed to include the plural of such nouns or pronouns and pronouns of one gender shall be deemed to include the equivalent pronoun of the other gender Force Majeure. Except as provided in Paragraph 28 to this Agreement, no Party shall be responsible for delays or failure of performance resulting from acts of God, riots, acts of war, epidemics, power failures, earthquakes or other disasters, providing such delay or failure of performance could not have been prevented by reasonable precautions and cannot reasonably be circumvented by such Party through use of alternate sources, workaround plans or other means Attorney Review. The Parties acknowledge that each Party has had the opportunity to consult with its respective legal counsel regarding this Agreement and that accordingly the terms of this Agreement are not to be construed against any Party because that Party drafted this Agreement or construed in favor of any Party because that Party failed to understand the legal effect of the provisions of this Agreement Notices. Any notices required to be given under this Agreement shall be deemed to have been delivered when actually received in the case of hand or overnight delivery, or five (5) days after mailing by first class mail, postage paid. All notices to Parties will be deemed sent or delivered if sent or delivered to the Party or its agent, at the addresses set forth below:

92 To Donor: Thomas K. Mick, Village Manager Village of Park Forest 350 Victory Drive Park Forest, Illinois With a copy to: Mark H. Sterk Odelson & Sterk, Ltd West 95 th Street Evergreen Park, Illinois To SSLBDA: Russell Rydin, Executive Director South Suburban Land Bank and Development Authority 3700 W. 183 rd Street, Suite B100 Hazel Crest, Illinois With a copy to : Brent O. Denzin Ancel Glink P.C. 140 South Dearborn, Suite 600 Chicago, Illinois Successors and Assigns. This Agreement shall be binding upon and inure to the benefit of the successors and assigns of each of the Parties hereto Invalidity. If for any reason any portion or paragraph of this Agreement shall be declared void and unenforceable by any court of law or equity, it shall only affect such particular portion or paragraph of this Agreement and the balance of this Agreement shall remain in full force and effect and shall be binding upon the Parties hereto Attorneys Fees. Each Party shall pay the fees and costs of its own counsel. In the event a legal proceeding is commenced to enforce this Agreement, the prevailing Party shall be entitled to reasonable attorneys fees and costs from the other Party Cumulative Rights. The rights, options, election and remedies contained in this Agreement shall be cumulative; and no one such rights, options, elections and remedies shall be construed as excluding any other of them or any right or remedy allowed or provided by law Governing Law. This Agreement shall be governed and construed in accordance with the laws of the jurisdiction in which the Property is located Donor Authority. Donor has full power and authority to enter into this Agreement

93 and to perform all its obligations hereunder, and has taken all action required by law, its governing instruments, or otherwise to authorize the execution, delivery, and performance of this Agreement and all the deeds, agreements, certificates, and other documents contemplated herein. This Agreement has been duly executed by and is a valid and binding agreement of Donor, enforceable in accordance with its terms, except as enforceability may be limited by equitable principles or by the laws of bankruptcy, insolvency, or other laws affecting creditors rights generally. IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as of the date and year first above written. DONOR: Village of Park Forest By: Its: Thomas K. Mick Village Manager DONEE: South Suburban Land Bank and Development Authority By: Its: Russell Rydin Executive Director

94 EXHIBIT A Legal Description of Property LEGAL DESCRIPTION LOT 33 IN BLOCK 5 IN VILLAGE OF PARK FOREST AREA NO. 1, BEING A SUBDIVISION OF PART OF THE NORTHWEST QUARTER AND THE NORTHEAST QUARTER OF SECTION 30, TOWNSHIP 35 NORTH, RANGE 14, EAST OF THE THIRD PRINCIPAL MERIDIAN, LYING SOUTH OF THE SOUTH RIGHT OF WAY LINE OF THE ELGIN, JOLIET, AND EASTERN RAILROAD, IN COOK COUNTY, ILLINOIS. ADDRESS: 264 ARROWHEAD STREET, PARK FOREST, IL PIN:

95 EXHIBIT B Personal Property NONE, UNLESS SPECIFICALLY IDENTIFIED BELOW:

96 LEAD PAINT ADDENDUM FOR HOUSING CONSTRUCTED BEFORE 1978 TO ACCEPT AGREEMENT BETWEEN VILLAGE OF PARK FOREST AS DONOR AND SOUTH SUBURBAN LAND BANK AND DEVELOPMENT AUTHORITY, AS DONEE LEAD WARNING STATEMENT Every Donee of any interest in residential real property on which a residential dwelling was built before 1978 is notified that such property may present exposure to lead from lead-based paint that may place young children at risk of developing lead poisoning. Lead poisoning in young children may produce permanent neurological damage, including learning disabilities, reduced intelligence quotient, behavioral problems, and impaired memory. Lead poisoning also poses a particular risk to pregnant women. The Donor of any interest in residential real property is required to provide the buyer with any information on lead-based paint hazards from risk assessments or inspections in the Donor s possession and notify the buyer of any known lead-based paint hazards. A risk assessment or inspection for possible lead-based paint hazards is recommended before accept. DONOR S DISCLOSURE 5. Presence of lead-based paint and/or lead-based paint hazards (check items a or b below): a. Known lead-based paint and/or lead-based paint hazards are present in the housing. If checked, the following explanation is provided: b. x Donor has no knowledge of lead-based paint and/or lead-based paint hazards in the housing. 6. Records and reports available to Donor (check item a or b below): a. Donor has provided Buyer with all available records and reports pertaining to lead-based paint and/or lead-based paint hazards in the housing. If checked, the following documents were provided: b. X Donor has no reports or records pertaining to lead-based paint and/or lead-based paint hazards in the housing. DONEE S ACKNOWLEDGMENT 1. Buyer has read the Lead Warning Statement above and understands its contents, and has received copies of all information listed above. 2. Buyer has received the pamphlet Protect Your Family from Lead in Your Home. 3. Buyer has either (check one of the boxes below): received a 10-day opportunity (or mutually agreed-upon period) to conduct a risk assessment or inspection for the presence of lead-based paint and/or lead-based paint hazards; or waived the opportunity to conduct a risk assessment or inspection for the presence of leadbased paint and/or lead-based paint hazards. Lead Paint Addendum Page 1

97 AGENT S ACKNOWLEDGMENT BY AGENT S EXECUTION BELOW, AGENT ACKNOWLEDGES THAT: Agent has informed Donor of Donor s obligations under 42 U.S.C. 4852d and is aware of his or her responsibility to ensure compliance. CERTIFICATION OF ACCURACY The following parties have reviewed the information above and certify, to the best of their knowledge, that the information they have provided is true and accurate. DONOR: Village of Park Forest, IL By: DONEE: South Suburban Land Bank and Development Authority By: Its: Its: Listing broker/agent date Donating broker/agent date Lead Paint Addendum Page 2

98 NOTE: PLEASE COMPLETE THIS ADDENDUM ONLY WHEN OCCUPIED PROPERTIES ARE BEING ACQUIRED BY THE DONEE. ADDENDUM TO ACCEPT AND SALE AGREEMENT (Occupied Property) THIS ADDENDUM TO ACCEPT AND SALE AGREEMENT (Occupied Property) ( Addendum ) is dated as of the day of, 20, between ( Donor ) and SOUTH SUBURBAN LAND BANK AND DEVELOPMENT AUTHORITY ( Donee ), amending that certain Accept and Donate Agreement between the Parties of even date herewith ( Acceptance Agreement ). To the extent that this Addendum is inconsistent with the terms of the Acceptance Agreement, then the terms of this Addendum shall control. Any capitalized term not defined in this Addendum shall have the meaning given such term in the Acceptance Agreement. The Acceptance Agreement is hereby amended as follows: 13. Deed. Paragraph 13(B) shall be amended by adding the following: (ix) Existing rights of tenants in possession, if any. 14. Representations and Warranties. Paragraph 14(D) is amended and restated in its entirety as follows: Donee will not occupy or cause or permit others, other than Tenants in possession as of the Effective Date, to occupy the Property prior to closing and funding and, unless and until any necessary Certificate of Occupancy has been obtained from the appropriate governmental entity, will not occupy or cause or permit others, other than Tenants in possession as of the Effective Date, to occupy the Property until after the closing. 15. Deliveries by Donors. Paragraph 15 is amended by adding the following: (c) Copies of all Leases in Donor s possession, if any. 19. Closing Documents. In addition to the closing documents set forth at Paragraph 19, Donor and Donee shall execute and deliver at closing, an assignment of Donor s rights and interests, if any, to all Leases (defined below) by all Tenants, in the form and content acceptable to both Parties, pursuant to which Donor assigns and conveys to Donee all of Donor s right, title and interest, if any, in and to the Leases and Donee accepts such assignment and conveyance and assumes all obligations under said Leases, including but not limited to compliance with the Protecting Tenants at Foreclosure Act of 2009 and any similar state laws, from and after the Closing Date. Occupied Property Addendum Page 1

99 140. Leases. The following Paragraph 46 shall be added: The Property shall be sold subject to the rights and tenancies of any tenant ( Tenant ) of the Property as of the Closing Date pursuant to a written or oral lease ( Lease ), if any. (c) Donee acknowledges that Donor may not have copies of the Leases or knowledge of the original terms of any oral lease. Donor shall deliver to Donee a signed copy of all Leases in Donor s possession, if any, with respect to the Property and, upon Donee s request, any information, reports, or other items that are in the possession of the Donor or Donor s real estate agent (if engaged by Donor in connection with this transaction) with respect to any Lease. Donee shall have ten (10) business days after review of said information, reports and notices to terminate this Agreement, whereupon this Agreement shall be null and void and neither Party shall have any further rights or liabilities hereunder except as provided in Paragraph 21 of this Agreement. A) After the Effective Date, Donor will not, without Donee s consent, enter into, amend or terminate any Lease with respect to the Property. B) Donor shall deliver to Donee, in addition to any other items required by this Agreement, all security deposits paid by a Tenant under a Lease and all accrued interest thereon actually received by Donor ( Security Deposit ), if any. C) Donor shall cooperate with Buyer to provide notices to each Tenant under a Lease advising them of the sale of the Property, confirming the transfer of the Tenant s Security Deposits and directing them to make future rent payments to Donee No Other Amendment. Except as herein amended, the Accept Agreement remains in full force and effect and is hereby ratified and confirmed. [SIGNATURE PAGES TO FOLLOW] Occupied Property Addendum Page 2

100 DONOR: VILLAGE OF PARK FOREST, IL By: Its: DONEE: SOUTH SUBURBAN LAND BANK AND DEVELOPMENT AUTHORITY By: Its: Occupied Property Addendum Page 3

101 AGENDA BRIEFING DATE: February 19, 2018 TO: FROM: Mayor Ostenburg Board of Trustees Roderick Ysaguirre Director of Public Works/Village Engineer RE: A Project/Funding Commitment Resolution for an Invest in Cook FY 2018 Call for Projects Application. BACKGROUND/DISCUSSION: Connecting Cook County is the County s first long range transportation (LRTP) plan in 75 years. The plan outlines a new direction and a more expansive role for the County in funding and collaborating on projects across jurisdictional boundaries and in achieving greater integration of the system across all transportation modes. The plan identifies five priorities: 1. Prioritize Transit and Other Transportation Alternatives 2. Support the Region s Role as North America s Freight Capital 3. Promote Equal Access to Opportunities 4. Maintain and Modernize What Already Exists 5. Increase Investments in Transportation The County is playing an increasingly active role in supporting local governments in their efforts to build and maintain a comprehensive transportation network. Therefore the County has offered monetary and staff support to help municipal or regional transportation agencies leverage available revenues to complete or expedite transportation improvements. Invest in Cook represents one avenue for beginning to implement the priorities of Connecting Cook County. $8.5 million dollars in Transportation Funds will be used to fund costs of planning and feasibility studies, engineering and construction associated with improvements consistent with the LRTP. DPW submitted an application last year but was not selected for funding. This is the second year and second call for projects for this plan. During the week of February 11, staff spoke with a representative from the County who was an active reviewer of all applications. Our goal was to seek feedback on our application and how it scored amongst overall applications. They did not provide a score, but noted that we did have a strong application and recommended the Village resubmit an application for the same project what was submitted last year. The deadline for applications is 5 p.m. on March 16 th and there is no required local match for this funding, but an application will be looked at more favorably if a funding match was provided. Therefore this item consists of approval of a Funding and Project Commitment Resolution in support of a project that will be included in the application package. At this time, solid

102 project scope and cost estimates have not been confirmed but planning estimates of $3.6 million for construction and $360,000 for design are proposed and subject to change. See attached estimate. The application will consist of a request for funding for design engineering only, to reconstruct Forest Blvd and Norwood Blvd, from Indianwood Blvd to Western Ave. Staff s intention would, include but not be limited to, reconstruct the curb and roadway, incorporate bike lanes, make sidewalk improvements at intersections, signage, pavement markings, restoration, and possible traffic signal improvements, possible street lighting improvements, and possible intersection improvements at Lakewood Blvd. Upon completion of this work, DPW would then be in the position to apply for subsequent/other construction funds/grants like, CMAQ, STP, and Invest in Cook, to construct this project. DPW suggests a 30% funding commitment for the design work for this project which is estimated to be around, $108,000. At this time, Village Motor Fuel Tax funds are planned to be used as the source for the Village match. The application will request the remaining $252,000 from Cook County through the Invest in Cook call for projects. RECOMMENDATION: Approve this Resolution indicating the Village s commitment to the project and commitment to 30% of Village funds to fund the design work. SCHEDULE FOR CONSIDERATION: This item will appear on the Agenda of the Rules and Regular meeting of February 26, 2018 for your discussion and consideration.

103 [Type here] RESOLUTION No. A RESOLUTION FOR LOCAL MATCH FUNDING AND PROJECT COMMITMENT FOR INVEST IN COOK CALL FOR PROJECTS WHEREAS, Cook County developed its first long range transportation plan in 75 years called Connecting Cook County, which takes stock of transportation assets, deficiencies and future needs, and measures them against the community and economic opportunities that transportation can facilitate; and WHEREAS, the plan outlines a new direction and a more expansive role for the County in funding and collaborating on projects across jurisdictional boundaries and in achieving greater integration of the system across all transportation modes; and WHEREAS, The Cook County Department of Transportation and Highways is playing an increasingly active role in supporting local governments in their efforts to build and maintain a comprehensive transportation network; and WHEREAS, the County has offered monetary and staff support to help municipal agencies leverage available revenues to complete or expedite transportation improvements; and WHEREAS, the County announced a call for projects and staff is desirous to submit an application on behalf of the Village; and WHEREAS, in May 2012, the Village adopted the Growing Green: Park Forest Sustainability Plan, which recommends that the usability of all streets in the Village be examined to ensure they are suitable for all types of travelers; and WHEREAS, in December 2014, the Village adopted a Bicycle and Pedestrian Plan that establishes a bicycle and pedestrian network to create a safe and efficient system to connect residents with key community destinations; and WHEREAS, in March 2015, the Village adopted an award-winning Complete Streets Policy which states, among other things, that future roadway projects shall be used as opportunities to improve safety, access, and mobility for users of the public way and to further integrate bicycle, pedestrian, and transit modes into the transportation system; and WHEREAS, the Village proposes to submit a project application for Invest in Cook funds for Design Engineering that will incorporate improvements along Forest Boulevard and Norwood Boulevard. NOW, THEREFORE, LET IT BE RESOLVED by the Mayor and Board of Trustees of the Village of Park Forest, Cook and Will Counties, Illinois, that the Village is in support of submitting a project application and if selected, is committed to the project and will commit to a 30% local match in funding the project; and BE IT FURTHER RESOLVED, that the Mayor is hereby authorized to sign the Project Application. ADOPTED this day of February, APPROVED: Village Mayor ATTEST: Village Clerk

104 FOREST BOULEVARD - INDIANWOOD BLVD TO WESTERN AVE VILLAGE OF PARK FOREST Planning Level Estimate of Design Engineering and Construction Cost - February 2018 ITEM QUANTITY UNIT COST TOTAL Roadway Resurfacing 4,700 FT $ 2,035,000 Indianwood Boulevard to Lakewood Boulevard 1,200 FT $ $ 600,000 Lakewood Boulevard to Western Avenue 3,500 FT $ $ 1,435,000 Street Lighting Improvements 30 EA $10, $ 300,000 Traffic Signal and Intersection Improvements at Lakewood Blvd 1 LSUM $1,000, $ 1,000,000 Construction Sub-Total $ 3,335,000 Contingency - 5% $ 167,000 Sub-Total $ 3,502,000 Construction Total (Rounded) $ 3,600,000 Design Engineering $ 360,000 Assumptions TYPICAL SECTION: Indianwood Blvd to Lakewood Blvd = 34 FT EOP to EOP (two-way undivided with one 12-foot through lane and 5-foot bike lane in each direction) Lakewood Blvd to Western Ave = 92 FT EOP to EOP (two-way divided with two 12-foot through lanes in each direction and a raised median) 100% CURB AND GUTTER REPLACEMENT 30% PATCHING ADA IMPROVEMENTS SIGNAGE IMPROVEMENTS NON-FEDERAL FUNDING C:\Users\626BNP\Desktop\Forest_2018 IIC Application-Planning Level Cost Estimate.xlsx

105 AGENDA REGULAR MEETING OF THE BOARD OF TRUSTEES PARK FOREST, IL Village Hall 7:00 p.m. February 26, 2018 Roll Call Pledge of Allegiance Reports of Village Officers Mayor Village Manager Village Attorney Village Clerk Reports of Commission Liaisons and Committee Chairpersons Citizens Comments, Observations, Petitions Motion: Approval of Consent CONSENT: 1. Motion: A Motion to Approve the Purchase of Fiscal Year 2018 Water Plant Chemicals Phosphates 2. Resolution: A Project/Funding Commitment Resolution for an Invest in Cook FY 2018 Call for Projects Application DEBATABLE: 3. Ordinance: An Ordinance Amending Section ( Unattended Vehicles ) of the Code of Ordinances of the Village of Park Forest, Cook and Will Counties, Illinois, to Add Emergency Vehicle Use and the Use of Remote Starter Systems as an Exemption (First Reading) 4. Ordinance: An Ordinance Granting a Major Variation to Article III-4.C.6 of the Unified Development Ordinance regarding the height of fences at Majestic Luxury Townhomes ( Huron Street, Somonauk Street, 217 Blackhawk Drive) (First Reading) 5. Ordinance: An Ordinance Adopting a Revised Housing Element of the Official Comprehensive Plan and Amending Chapter 78 ( Planning ), Article III ( Official Plan ), Section ( Created and Adopted ) of the Code of Ordinances (Final Reading) OVER

106 6. Ordinance: An Ordinance Related to Chapter 6 (Alcoholic Beverages) of the Code of Ordinances (Ken s Liquors) (Final Reading) 7. Ordinance: An Ordinance Authorizing the Donation of Properties at 255 Allegheny Street, 223 Arcadia Street, and 264 Arrowhead Street to the South Suburban Land Bank and Development Authority (Final Reading) Adjournment NOTE: Copies of Agenda Items are Available in the Lobby of Village Hall and on the Village website Any individual with a disability requesting a reasonable accommodation in order to participate in a public meeting should contact the Village Manager s Office at least 48 hours in advance of the scheduled meeting. The Village Manager s Office can be reached via telephone at (708) or (708) or via at sblack@vopf.com. Every effort will be made to allow for meeting participation.

107 MOTIONS MOVED that the Consent Agenda and each item contained therein be hereby approved: 1. A Motion to authorize the Village Manager to purchase phosphates from Water Solutions Limited for a total amount of $28, MOVED, that the Mayor and Board of Trustees adopt a Project/Funding Commitment Resolution for an Invest in Cook FY 2018 Call for Projects Application February 26, 2018

108 MEMORANDUM VILLAGE OF PARK FOREST TO: FROM: John A. Ostenburg, Village President Board of Trustees Christopher B. Mannino, Police Chief DATE: February 19, 2018 SUBJECT: AN ORDINANCE AMENDING SECTION ( UNATTENDED VEHICLES ) OF THE CODE OF ORDINANCES OF THE VILLAGE OF PARK FOREST, COOK AND WILL COUNTIES, ILLINOIS, TO ADD EMERGENCY VEHICLE USE AND THE USE OF REMOTE STARTER SYSTEMS AS AN EXEMPTION BACKGROUND/DISCUSSION: The attached proposed ordinance amendment reflects current state law which exempts the use of emergency vehicles in their official capacity and the use of remote starter systems when leaving a vehicle running and unattended. SCHEDULE FOR CONSIDERATION: This item will be on the agenda of February 26 th Regular Meeting for First Reading.

109 ORDINANCE NO. AN ORDINANCE AMENDING SECTION ( UNATTENDED VEHICLES ) OF THE CODE OF ORDINANCES OF THE VILLAGE OF PARK FOREST, COOK AND WILL COUNTIES, ILLINOIS, TO ADD EMERGENCY VEHICLE USE AND THE USE OF REMOTE STARTER SYSTEMS AS AN EXEMPTION BE IT ORDAINED, by the Mayor and Board of Trustees of the Village of Park Forest, Cook and Will Counties, Illinois, in the exercise of the Village s home rule powers, as follows: Section 1. Village Code Amended. Chapter 102 (Traffic and Vehicles), Article II (Stopping, Standing and Parking), Section (Unattended Vehicles) of the Code of Ordinances of the Village of Park Forest, Cook and Will Counties, Illinois, is amended by adding the underlined language to read as follows: Sec Unattended Vehicles (a) Requirements. Except for a law enforcement officer or an operator of an authorized emergency vehicle performing his or her official duties, no person driving or in charge of a motor vehicle shall permit it to stand unattended on any public right-of-way or upon any parking area designed for four or more vehicles, excepting therefrom parking area serving multifamily residences exclusively, without first stopping the engine, locking the ignition and removing the ignition key from the vehicle. A motor vehicle shall not be considered to be unattended if the operator is engaged in making regular deliveries requiring successive stops within the immediate area. No vehicle shall be left on any hill or grade without being secured against moving. (b) Key removal by police. Whenever any police officer shall find a motor vehicle standing unattended with the ignition keys in the vehicle, in violation of this section, such police officer is authorized to remove such key from such vehicle and to deliver such key to the police station. (c) An unattended motor vehicle shall not include an unattended locked motor vehicle with the engine running after being started by a remote starter system. Section 2. Severability and Repeal of Inconsistent Ordinances. If any section, paragraph, clause or provision of this Ordinance shall be held invalid, the invalidity thereof shall not affect any of the other provisions of this Ordinance. All ordinances, resolutions or orders, or parts thereof, in conflict with the provisions of this Ordinance are to the extent of such conflict hereby repealed. 2

110 Section 3. Effective Date. This Ordinance shall be in full force and effect upon its passage, approval and publication as provided by law. PASSED this day of, APPROVED: ATTEST: MAYOR VILLAGE CLERK 3

111 AGENDA BRIEFING DATE: February 20, 2018 TO: FROM: RE: Mayor Ostenburg Board of Trustees Hildy L. Kingma, AICP Director of Economic Development and Planning First Reading of an Ordinance Granting a Major Variation to Article III-4.C.6 of the Unified Development Ordinance regarding the height of fences at Majestic Luxury Townhomes ( Huron Street, Somonauk Street, 217 Blackhawk Drive) BACKGROUND/DISCUSSION: Mr. Melvin T. Buckley, Jr., of M&M Buckley Construction, Inc. (as owner/applicant), has requested a Major Variation to Article III-4.C.6 of the Unified Development Ordinance (UDO) to permit fences up to six (6) feet tall in the front yards of the Majestic Luxury Townhomes (formerly known as the Illini Apartments) along Huron Street, Somonauk Street, and Blackhawk Drive. The Planning and Zoning Commission conducted a public hearing on this request at their meeting on February 13, and has made a recommendation to the Board of Trustees. Article III-4.C.6 of the UDO limits the height of fences in the front and corner side yards to three feet. Fences in the interior side or rear yard are permitted to be a maximum of eight feet in height. The yard is defined as the area on a lot between the principal structure and the property line. The front yard extends from the façade of the building to the adjacent street right-of-way, and includes corner side yards. Therefore, this property has a front yard on Blackhawk Drive, and two corner side yards on Somonauk Street and Huron Street. The proposed six (6) foot tall fences will create private outdoor space for each of the 12 townhome units outside the back doors, where patios are already in place. Mr. Buckley s application states that this feature will give each tenant the ability to allow their children to play outside without the danger of going into the street into coming traffic. It will provide additional security so that the rear patio doors and entry way doors aren t easily accessible. Each outdoor space will be approximately 400 square feet in size. The property owner/applicant met with the Police Chief, Fire Captain, and Directors of Community Development and Economic Development and Planning to discuss their concerns about the requested fence. The primary concerns revolved around access to the property in an emergency, and ability to see into the backyards to prevent break-ins from an enclosed space. After discussing these issues, Mr. Buckley agreed that he will consider wrought iron fences, or will install vinyl fences that provide gaps for visibility into the back yards. The actual fences to be constructed will be approved by the Police Department at the time permits are requested.

112 After considering the required findings of fact, and determining that this request is consistent with those findings, the Planning and Zoning Commission voted 5-1 (Poston voted nay) to recommend approval of the requested major variation with the following conditions: The fence to be installed must be approved by the Park Forest Police Department to ensure adequate visibility into the backyards. The fences must be maintained in good, clean condition at all times. For more details about this request, see the attached Staff report. The Village Attorney reviewed and approved the attached Ordinance. SCHEDULE FOR CONSIDERATION: This item will appear on the Regular Agenda of February 26, for First Reading.

113 ORDINANCE NO. AN ORDINANCE GRANTING A MAJOR VARIATION TO ARTICLE III-4.C.6 OF THE UNIFIED DEVELOPMENT ORDINANCE OF THE VILLAGE OF PARK FOREST, COOK AND WILL COUNTIES, ILLINOIS, REGARDING THE HEIGHT OF FENCES AT HURON STREET, SOMONAUK STREET, 217 BLACKHAWK DRIVE WHEREAS, the Park Forest Unified Development Ordinance establishes a process for the granting of major variations to the provisions of the Ordinance; and WHEREAS, Mr. Melvin T. Buckley, Jr., of M&M Buckley Construction, Inc., owner of the Majestic Luxury Townhomes, located at Huron Street, Somonauk Street, and 217 Blackhawk Drive (the Subject Property ), requested this major variation to the provisions of Article III-4.C.6. ( Fence or Wall ) relating to the permitted height of fences in the front and corner side yards at the Subject Property; and WHEREAS, the Planning and Zoning Commission conducted a public hearing to consider this application on February 13, 2018; and WHEREAS, on January 21, 2018, notice for said public hearing was published in the Daily Southtown Newspaper, a newspaper of general circulation within the Village, and notice of said public hearing was sent to all property owners within 250 feet of the subject property, and signs were posted on all street frontages of the Subject Property to provide notice of said public hearing; and WHEREAS, the Planning and Zoning Commission has voted 5-1 to recommend approval of the requested major variation to this Ordinance, together with the required findings of fact; and WHEREAS, the Mayor and Board of Trustees have determined that granting the variation to the fence height requirements for the front and corner side yards at the Subject Property serves a public purpose and will be in the best interests of the Village of Park Forest. NOW, THEREFORE BE IT ORDAINED, by the Mayor and Board of Trustees of the Village of Park Forest, Cook and Will Counties, Illinois, in the exercise of the Village s home rule powers, as follows: SECTION 1: Recitals Incorporated. The recitals set forth above constitute a material part of this Ordinance as if set forth in their entirety in this Section 1. SECTION 2: Planning and Zoning Commission Findings and Recommendation. The findings and recommendation of the Planning and Zoning Commission, together with all reports and exhibits submitted at the public hearing, are hereby incorporated by reference herein and approved.

114 SECTION 3: Major Variation Granted. A Major Variation to Article III-4.C.6. of the Unified Development Ordinance is hereby granted pursuant to the Planning and Zoning Commission s recommendation to permit six foot tall fences in the front and corner side yards as proposed by the attached Exhibit A, and subject to the following conditions: The fence to be installed must be approved by the Park Forest Police Department to ensure adequate visibility into the backyards. The fences must be maintained in good, clean condition at all times. SECTION 4: Repeal of Inconsistent Ordinances. If any section, paragraph, clause or provision of this ordinance shall be held invalid, the invalidity thereof shall not affect any of the other provisions of this ordinance. All other ordinances in conflict herewith are hereby repealed to the extent of such conflict. SECTION 5: Effective Date. This Ordinance shall be in full force and effect upon its passage, approval and publication as provided by law. PASSED this day of, APPROVED: ATTEST: John A. Ostenburg, Mayor Sheila McGann, Village Clerk

115 EXHIBIT A PROPOSED FENCES AT MAJESTIC LUXURY TOWNHOMES

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