PUBLIC MEETING NOTICE AND AGENDA

COMMITTEE OF THE WHOLE MEETING

OCTOBER 11, 2016

7:30 P.M.

AGENDA

1. Call to Order

2. Audience Participation

The public is invited to make an issue-oriented comment on any matter of public concern not otherwise on the agenda.

The public comment may be no longer than 5 minutes in duration. Interrogation of the Village Staff, Village President,

Village Board or any of their comments will not be allowed at this time. Personal invectives against Village Staff or

Elected Officials are not permitted.

3. Staff Presentations

A. Administrator

1. Capital Improvements - 290 Indian Trail

B. Chief of Police

1. Ordinance - Amending Chapter 15 of the Municipal Code

2. Ordinance - Amending Chapter 43 of the Municipal Code

3. Payment Request - Dispatch Center Repair

C. Director of Community Development

D. Engineer

E. Director of Parks and Recreation

F. Director of Public Works

1. Ordinance - Surplus Property

G. Finance Director

1. Ordinance - Amending Chapter 34 of the Municipal Code

4. Organizations and Developers

5. Board of Trustees

A. Trustee Harlfinger

B. Trustee Huckins

1. Parks and Recreation Board Liaison Report

C. Trustee Bogdanowski

1. Planning and Zoning Commission Liaison Report

D. Trustee Ruzanski

1. Airport Marketing Committee Liaison Report

E. Trustee Yensen

1. McHenry County Division of Transportation Liaison Report

F. Trustee Cummings

6. President

7. Audience Participation

8. Closed Session: Litigation (5 ILCS 120/2(c)), Appointment, employment, compensation, discipline,

performance, and/or dismissal of specific employees (5 ILCS 120/2(c)), Acquisition of Property (5

ILCS 120/2(c)), Approval/Semi-Annual Review of Closed Minutes (5 ILCS 120/2(c)), Collective

Negotiating Matters (5 ILCS 120/2(c)).

9. Adjournment

MEETING LOCATION

Village of Lake in the Hills

600 Harvest Gate

Lake in the Hills, IL 60156

The Village of Lake in the Hills is subject to the requirements of the Americans with Disabilities Act of 1990. Individuals

with disabilities who plan to attend this meeting and who require certain accommodations so that they can observe and/or

participate in this meeting, or who have questions regarding the accessibility of the meeting or the Village’s facilities, should

contact the Village’s ADA Coordinator at (847) 960-7410 [TDD (847) 658-4511] promptly to allow the Village to make

reasonable accommodations for those persons.

Posted by: _________ ___________________ Date:________________ Time:_____________

AGENDA COVER SHEET

Date: October 11, 2016

Department: Administration

Representative: Jennifer Clough Action Required: Title: Capital Improvements - 290 Indian Trail Executive Summary: In 2006, the Village purchased the residential home located at 290 Indian Trail, directly adjacent to Turtle Island, with the original intent that it be demolished and the land used to expand the park at a future point in time. Since purchasing the home, it has been leased by the Village and occupied as a residence. The current lease generates $1420 in rental revenue on a monthly basis and is set to expire December 31, 2016. It is the understanding of staff that the current tenant is interested in renewing the lease in 2017 should the Village present the option. As property owners, the Village is responsible for regular inspection and maintenance of the home, a commitment requiring both time and resources. The property is now in immediate need of a new roof and siding and additionally will require a new HVAC unit and appliance replacements over the next four years. A complete accounting of the revenues and expenses associated with the property for the duration of the Village’s ownership is attached along with the original listing and contract information. The costs to make the necessary repairs to the roof and siding (approx. $31,000), though these would be offset in their majority by rental revenue, are equivalent to those to demolish the home and create green space. While no formalized plans for expansion to the park have been prepared, this would come at an additional future cost (approx. $60,000) and would create the need for ongoing maintenance equivalent to other park properties of the Village. The 2014-2016 Strategic Plan instructed staff to pay particular attention to the current, most appropriate, and future uses for various miss-utilized or under-utilized properties, which include 290 Indian Trail. In light of the current need to

Motion Contract/Agreement

Resolution Approval of Payment

Ordinance Award of Bid/Purchase

x Other

make long term capital improvements to the property that will defray revenue for a period of time, along with viable preliminary concepts for expansion of the park that would accommodate resident interest in boat slips, additional fishing, seating and parking at Turtle Island, staff has identified this to be the appropriate time to seek direction from the Village Board on the long term intention for this property. Recommendation: It is recommended that the Village Board provide direction to staff on the long term intention for the Village property located at 290 Indian Trail.

Expenditure of Funds: Yes X No

Amount: $

Budgeted Amount: $

Revenue

Year Rent Purchase Maintenance Management Net

2006 $1,300 $286,500 $196 $1,000 ($286,396)

2007 $16,900 $1,337 $1,000 ($271,833)

2008 $14,300 $2,299 $1,000 ($260,832) Alternative:

2009 $16,939 $209 $1,000 ($245,102)

2010 $17,407 $524 $1,000 ($229,219) park sign/blocks 1,600$

2011 $18,317 $20,997 $1,000 ($232,899) bench 500$

2012 $14,676 $3,056 $1,000 ($222,279) drinking fountain 4,500$

2013 $15,620 $2,375 $1,000 ($210,034) parking lot 50,000$

2014 $17,032 $3,999 $1,000 ($198,001) softscape 250$

2015 $13,722 $700 $1,000 ($185,979) landscape service 2,730$

2016 $17,040 $1,000 ($169,939) 59,580$ 2017 $17,040 $12,000 $1,000 ($165,899)

2018 $17,040 $19,000 $1,000 ($168,859)

2019 $17,040 $1,200 $1,000 ($154,019)

2020 $17,040 $14,360 $1,000 ($152,339)

290 Indian Trail

Improvements

Expenditure

'.• j

Welcome To:

Homestead, Realtors• 123 S. Main Street A lgonquin, Illinois 60102 Cellular (847) 815-8878 Office (84 7) 658-7043 E-Mail Mary.Siewenie@Century21 .com Website Century21 Homestead.com Eachotr.c.tt-OwnedAnd()pwalod @

290 INDIAN TRAIL LAKE IN THE HILLS

Mary Siewenie, GRI Broker Associate

LIVING ROOM DINING ROOM

KITCHEN RECREATION ROOM

MASTER BEDROOM MASTER BEDROOM-LOWER LEVEL

Outstanding Features Of:

,...., Foyer: * Ceramic Tile Floor

,...., Living Room: *Bow Window *Hardwood Floor

,...., Dining Room: * Hardwood Floor *Sliding Glass Door To Deck

,..., Kitchen: *Ceramic Tile Floor * Eating Area *Stove *Refrigerator

,...., Master Bedroom: * Hardwood Floor

,...., Master Bathroom: * Ceramic Tile Floor

,...., 2nd Fu},/ Bath: * Ceramic Tile Floor

,...., 2nd Bedroom: *Hardwood Floor * Deep Closet

,...., 3rd Bedroom: *Hardwood Floor

290 INDIAN TRAIL

,...., Lower Level: * Family Room:

* Open To Patio *Pool Table

* Large Walk-In Closet * 4th Bedroom * 3rd Fu},/ Bath * Sitting Room

,..., Laundry Room: * Utility Tub * Washer & Dryer

,..., Storage Under Stairs

,..., 1-Year-Old Windows Throughout

,...., New Gutters & Downspouts

,..., Furnace - 6 Years Old

,..., Central Air - 6 Years Old

,...., 2-112 Car Garage: * Storage Area

,...., Views Of Lake From Every Window

,..., Paddleboat

i I

.J

I

•• J

When a house is created for living ... it becomes a home.

Expect the best"

The difference between a house & a home can be those special features. Look for these added extras while enjoying your tour of this home.

Detached Single Status: NEW

Address: 290 INDIAN TRAIL, LAKE IN THE HILLS

Bedrooms: 4

Baths: 3

Total Rms: 9

Master Bedroom Bath: N

# Fireplaces:

PIN: 1920378008

Special Assessment/Service Area: N

Type Ownership: Fee Simple

Agent Owned/Interest: N

Basement: Y

Parking Type: None/ Not Applicable

Subdivision: LAKE IN THE HILLS ESTATES Type: Split Level

Style: Bl-Level

Approx SF: 2281 Exterior:

Age: Elementary:

Midd le:

High:

Brick (BR) , Cedar (CD) 11- 25 Years

LAKE IN THE HILLS

WESTFIELD COMMUNITY

H DJACOBS

Lot Dimensions: 60X148X78X134 Lot Size: .25-.49 Acre

Acres : Waterfront: Y Coordinates: North: 22

Directions: ALGONQUIN RD W OF 31 TO I NDIAN TRAI L

ROOM NAME Living Room: Dining Room: Kitchen:

SIZE 19X15 11X9 11X9

Family Room: 26X23 Master Bedroom: 1SX11 2nd Bedroom: 13X12 3rd Bedroom: 11X10 Air: Central Air

LEVEL Main Level Main Level Main Level Lower Mai n Level Main Level Main Level

FLOORING Hardwood Hardwood Ceramic Tile Vinyl

Hardw ood Hardwood Hardwood

Appliances: Oven/Range, Refrigerator, Washer, Dryer Assessments Include: None Basement: Walkout, Finished Bath Amenities: Dining Room: L-shaped (L) Features: Deck, Pat io Fireplace: Garage: Attached, 2.5 Car Garage

Heat/Fuel: Gas, Forced Air Lot Description : l ake Front, Water View

Sewer: Sewer- Public

WIN TRMT y y y y y y y

MLS #: 06220190

Price: $285,000

Area: 156

HO Assessments :

Frequency: Not Applicable

Taxes : $4 ,884

Tax Year: 2005

Tax Exemptions: Homeowner

Year Built: 1973

Built Before 1978: Y

#Cars: 2

Contract Date:

Closed Date:

Sold Price:

D istrict #:

District#:

District# :

300

300

300

South: o East: O

ROOM NAME SI ZE LEVEL 4th Bedroom : 14X12 Low er Other: 12X9 Lower

Kitchen: Eating Area-Table Space

West: 35

FLOORING Vinyl Vinyl

Other Rooms: Family Room (FAM), Sitting Room

Water: Public

WIN TRMT y y

Remarks: PICTURESQUE VIEWS OF THE LAKE FROM EVERY WINDOW! WALK OUT LOWER LEVEL w / SPACIOUS FAM RM w /POOL TABLE, PLUS BEDROOM, FULL BATH, & SITTING ROOM- CERAMIC TILE IN ENTRY & KITCHEN-LR W/BOW WINDOW & HRDWD FLR- EAT IN KITCHEN-DIN RM W/ HRDWD FLR & SLIDER TO DECK-HARDWOOD IN BEDROOMS-NEW WINDOWS-2 1/ 2 CAR GARAGE W / STORAGE-PATIO & DECK-PADDLEBOAT INLCUDED!

INFORMATION NOT GUARANTEED, CHECK FLOOD INSURANCE, ROOM SIZES ROUNDED TO THE NEAREST FOOT

PERSONAL PROPERTY RIDER

This rider is attached and made part of the Listing Agreement for the property located at:

All of the fixtures and personal property stated herein are owned by the seller and to the seller's knowledge are in operating condition unless otherwise stated.

I

~ Oven/Range/Stove Microwave Dishwasher

./Refrigerator _ Garbage Disposal _ Trash Compactor / Washer

_LDryer _Water Softener (Owned) _ Water Softener (Rented) /Humidifier

Electronic/Media Air Filter ~Sump Pump(s) _Battery Baek-Up System _ Central Vac & Equipment

Whole House Fan v Central Airc Conditioner

Window Air Conditioners# _ Intercom System _ Security System

Please check the items included:

_TV Antenna System Satellite Dish Smoke Detectors

__1(Ceiling Fan(s) # _} _Fireplace Gas Logs _Fireplace Screen(s)/Door(s) Grate(s) ~ight Fixtures As They Exist v All Window Treatments/Hardware ~All Tacked Down Carpeting ~Built-In Or Attached Shelving ~Existing Storms & Screens _ Electronic Garage Door Opener

Transmitters# _ Outdoor Shed (Heated Y I N) ~Deck(s) # _ Size(s) ___ _ ./Patio

_Swing Set _Invisible Fence System _ Sprinkler System /All Planted Vegetation

Other ltems Included: P ~ .X-~ . o c;,_ J JL )cp~ I I

~)~~

Cf.J~ (2c-~i Seller's Signature Seller's Signature

Date Date

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Nuf!lber of Days Ordered : (if known) One

A Northwest Herald classified sales representative will contact you to quote a rate and confirm placement of your ad.

(Note: There are approximatey 24 characters and spaces per agate newspaper line. )

The more you tell, the more you sell !

Text of Ad:

LAKE IN THE HILLS, 290 Indian Trail, lakefront , 4 BR, 3 BA, 2,200sf b i­level w/ lower level walkout, hrdwd f loors, 2 .5 car gar, deck w/ lakev iew, w/d, c / a. $1,SOO+utils , Sec Dep. Cal l (847)960-7412.

?peci.al ln?tr!JCti~!1-~ : . .

Special rates may apply. A Northwest Herald classified sales representative will provide additional information and rate details.

Send Ad

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By placing an advertisement in the Northwest Herald you agree that the advertisement as It appears in the Northwest Herald will become the property of the Northwest Herald and you will assign all ownership interest in the advertisement as it appears in the Northwest Herald under the Cpoyright Act or otherwise to the Northwest Herald.

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Deadlines for Placement

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http://www. nw herald.com/Forms/form_ classified. php

Page 2of3

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·~ 1 ..-.:r Ff positi• Applica1 have PL experie trailer, or meet industri positior include insuran pension FULL Al

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8/30/2006

LK. IN THE HILLS 4br/3ba 290 Indian Tr. Lkfrnt, 2112 car, hw firs, deck, w/d, $1500 + util, tax, sec. · 847-960-7412

m ..................... ..,,..... .lT'IT"!i. UO/ UJ./ ~UUD 1L-n :1 UJ r.'\A

I 2 3 4 5 6 7 8 9

IO l l 12 13 14 15 !6 17 18 19 20 21 22 23 24 25 26 ~~ 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53

MULTI-BOARD RESIDENTIAL REAL ESTATE CONTRACT 4.0

IH.hLTOR

I. THE PARTIES: Buyer and Seller are hereinafter referred to as the "Parties"

Buyer(s) tP!ea.c:c Print) _Village of Lake_~~T.~:_.~ills _

Sc/ler(s) (!'lease Prinr) Donna Rae Vanderhoof

If Dual Agency applies, complete Optional Paragraph 41.

2. THE REAL ESTATE: Real Estate shall be defined to include the Real Estate and all improvements thereon. Seller agrees to convey to Buyer or to Buye(s designated grantee, the Real Estate \Vith tile approxi1nate lot size or acreage of 60x148x7Bx134 co1nn1only known as: ,290 Indian Trail Lake In The Hills II. 60156

Address City State Zip McHenry 1920378008

County Unit# (if applicable) Permanent Index Nt1mbe1~s) of Real Estate

!f Condo/Cooprfownhom<0 ~arking is Included: #of space1s1 ...,.-;identified as Space(s) # _______ _

(c/teck tvpe} D deeded space; 0 limited common element; 0 assigned space

3. FIXTURES AND PERSONAL PROPERTY All of tlie fixtures and personal property stated herein arc owned by Seller and to Seller's knowledge are in operating condition on the Date of Acceptance, unless otherwise stated herein. Seller agrees to trnnsfer to Buyer all fixtures, all heating, electrical. plumbing and well systems together with the following items of personal property by Bill of Sale at Closing: /Clreck or enumerate itpplict1ble items/ !_ Rcfrigcrolor _All lacked no1\n Carpeting _ FirepJ:icc Scrccn(s)fDoorls)/Cirntt.'(l'i) .!..... Central Air Co11d11mning .:!_ 01,enlR:ing.e/Stcwc ..L Alt \Vmd('lll' Treatment~ & Harclwrm: _ F1rcp!cirt: Gas Log~ Ekctromc oc Media A i1 riht.•1

Mrcro\\'il\"C" _ Bud1-in or All.ached Shelving ..:!_E:o.:is11ng S1orms l:. Scr~ns 7 Ccntrnl Humidrfo:r Drsll\\~-islli::r _Smoke Dctcctoc{s) _Sccuril~' Sy11cm(s)(ownedl L Sump l1ump(~)

=Garbage Disposal .!_Ceil mg fart(s) _ T1ucroom Syslell\ \V.nkr So!lcncr I0\\1\cd) _ Tmsh Cn1npac1or _TV Antenna System _ (cntral Vnc & Equipment Outdoor Shed .:!__ W;is!M:r _Window Air-Conditionct(sl _ Electrm11c Garage Door Oriem."r(S) At1achedG<1s Grill .f_ Dryer ..:!_Planted Vegetahoo with all Tmn.'irniller{s) 7 Light Fi.'(!urcs. us they cxisl

Sa1e!lile Dish _Outdoor Play.sets _ hw1siblc Fcrice Sp;1cm. Co/lar(s) mxl l~o"' =Home \Varrnntr $ __ _

Other ite1ns included: paddle boat, pool table, love seat, basketball hoop

Items NOT included: . ..--------------~--------------~~-c--~

Seller warrants to Buyer that all fixtures, systems and personal property included in this Contract shall be in operating

condition at possession~ except: -,----,-,------,----,.,..,.-..,..,-.,--------,--:---0----,c--:--:--.,--.,---c--c A system or item shall be deemed to be in operating condition if it perfonns the function for which it is intended, regardless of age, and does no! constitute a threat to health or safety

4. PURCHASE PRICE: Purchase Price of$286,500.00 shall be paid as follows: Initial

earnest money of$ 100.00 by 0 check, D cash OR 0 note due on , 20 __ , to be increased to a total of $5,000.00 by 5 days after ac_ceptance , 20 ___ The earnest inonev and the original of this Contract shall be held by the Listing Company, as '"Escrowee", in trust for tl1e mutual benefit of the Parties. The balance of the Purchase Price, as adjusted by prorations, shall be paid at Closing by wire transfer of funds, or bv ce1tified. cashier's. 111ortgage lender's or title co111pany s check (provided that the title co111pany s check is gu~ranteed by a licensed title insurance co1npany).

S. CLOSING: Closing or escrow payout shall be on 8128 , 20~. or at such time as mutually agreed upon by the Parties in v..Titing. Closing shall take place at the title coinpany cscrov., office situated geographically nearest the Real Estate or LIS sha!! be agreed niutually by the Pa1ties.

6. POSSESSION: Unless othenvise provided in Paragraph 39, Seller shall deliver possession to Buyer at the time of Closing. Possession shali be deemed to have been delivered when Seller has vacated the Real Estate and delivered keys lo the Real Estate to Buyer or to Listing Office.

Buyer Initial Buyer Initial _____ Seller Initial _,\<>~~--Seller Initial _____ _ Address ,290 Indian Trail Lake In The Hills II. 60156

Page 1 of 11

54 7. RESIDENTIAL REAL ESTATE AND LEAD-BASED PAINT DISCLOSURES: If applicable. prior ta signing

55 this Contract, Buyer fell eek 011e/ 0 has 0 has not received a completed Illinois Residential Real Proper!)' Disclosure

56 Report: (c/leck one/ 0 has 0 has not received the EPA Pamphlet, "Protect Your Family From Lead in Your Home";

57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 95 96 97 98 99

100 101 102

{c/zeck one/ 121 has 0 has not received a Lead-Based Paint Disclosure.

8. PRO RATIONS: Pro ratable items shall include, without limitation, rents and deposits (if any) from temmts. Special Service Arca tax for the year of closing only~ utilities, water t1nd sewer, and ho1neowner or condominiu1n association fees (and Master/Umbrellti Association fees, if applicable). Accu1nulated reserves of a Homeowner/Condo111iniu1n Association(s) are not a proratable item. Seller represents that as of the Date of Acceptance Hotneowner/Condominium Associatiarns1 fees are (and, if applicable, fees for a Master/Umbrella Association are $. f'er ). Seller agree!' to pay prior to or at Closing any special assessments (governn1entaJ or association) confirmed prior to Date of Acceptance. Installments due after the year of Closing for a Special Service Area shall not be a proratable item. The general Real Estate taxes shall be prorated as of the date of Closing based on 105 n;(I of the tnost recent ascettainable full year tax bill. All prorations shall be final as of Closing, except as provided in Paragraph 20. If the an1ount of the 111ost recent ascertainable tax bill reflects a hotneowner, senior citizen or other exe1nption. Seller has sub1nitted Dr will submit in a ti1nely 1nanner all necessa1y docutnentation to the Assessor's Office. before or after Closing, to preserve said exen1ption<Sl.

9. ATTORNEY REVIEW: The respective attorneys for the Parties may approve, disapprove, or make modifications to tl1is Contract, other than stated Purchase Price, within five (5) Business Days after the Date of Acceptance. Disapproval or modification of this Contract shall not be based solely upon stated Purchase Price. Any notice of disapproval or proposed modification{S) by any Party shall be in writing. If written notice is not served within the time specified, this provision shall be deemed waived by the Parties and this Contract shall r<main in full force and effect. if prior to the expiration often (10) Business Days after Date of Acceptance, written agreement is not reached by the Parties \Yith respect to resolution of proposed n1odifications, then this Contract shall be null and void.

10. PROFESSIONAL INSPECTIONS. Buyer may secure at Buyer's expense (unless otherwise provided by governmental regulations) a home, radon, environmental. lead-based paint and/or lead-based paint hazards (unless separately waived), and/or wood destroying insect infestation inspection(Sl -of said Real Estate by one or more licensed or certified inspection servicem Buyer shalt-serve wrinen notice upoo Seller or Seller's attomey of lllly defects disclosed by the inspection1s1 which are unacceptable to Buyer. together with a copy of the pertinent page1s1 of the reporus1 within five (5) Business Days (ten (10) cale11dar days for a lead-based paint and/or lead-based paint hazard inspection) after Date of Acceptance. If written notice is not served within the time specified, this provision shall be dee1ned '"'aived by the Parties and this Contract shall remain in full force and effect. ]f prior to the expiration of ten (10) Business Days after Date of Acceptance, written agreen1ent is not reached by the Parties lVith respect to resolution of inspection issues, then this Contract shall be null and void, 1l1e home inspection shall cover only 1najor components of the Real Estate. including but not li1nited to. central heating systen1(Sl, central cooling syste1n(SJ, plu1nbing and well systetn, electrical syste1n. roof, walls, '\.vindo1,.vs~ ceilings, tloors, appliances and foundation. A n1ajor con1ponent shall be deen1ed to be in operating condition if it performs the function for which it is intended, regardless of age, and does not constitute a threat to health or safety The fact that a functioning component may be at the end of its useful life shall not render such component defective for the puq,-ose of this paragraph. Buyer shall indemnify Seller and hold Seller harmless fro1n and against any loss or da1nage caused by the actc:; or negligence of Buyer or any person perforn1ing any inspcction{S). Buyer agrees minor repairs and routine maintenance ite1ns are not a part of this contingency. If radon mitigation is performed, Seller shall pay for a retest

11. MORIGAGE CONTINGENCY:_Sellei: .. /ch.cc.ly>PM/dJ_Jm 0 has ~ot i:ecei~oompl~oo-bea!h'>ta!Bs Disclosure (!'ee page J 1 ). This Contract is _sg.o~pon Buyer· obtaining a finn written 1no1tgage co1nn1it1nent ( exccp1 for inatters of title a~ s~01:..rr1atters totally \~1 ithin Buver's control) on or before 20

fc;u:..a.fdwo.re-anejilfl);~~'"'/ D cqnve1ujpn3! 0 fHA/\fA D..o.tb.er:.=-=======~

Buyer lnilial Buyer fnitwl _____ Seller fmlial _ _,)N\)""',__ __ Se!ler fnilia/ ____ _ Atldress ,290 Indian Trail Lake In The Hills II. 60156

Page 2of11

08/01/ZUUt> lL~ ~ Uol r.'\.A

103 104 1-05 106 107 108 109 l JO 1 J l 1 12 1 13 1!4 115 116 117 I J 8 l19 120 121 122 123 124 125 126 127 128 129 130 131 132 133 134 135 136 137

laaD-Df.L- -4r-S11ci+-le&ser;'lmOl~ .. )'C~>-1<>-!al". ~1116 pri"ate mo1~1SllJ:e-iitt;m"1iee-fPMI), if required. The interest rate (initial rate) if applicable} shall not exceed __ o,,o per annu1n, a1no · d over not less than __ years. Buyer shall pay loan origination fee and/or discount points not to exceed % of the loan an1ount. Buyer shall pay the cost of application, usual and custo1nary processing fees and clo · g costs charged by lender. (If fHAN A, complete Paragraph 35.) (If closing cost credit, complete Paragrap J.) Buyer shall make written loan application within five (5) Business Days after the Date of Acceptance. F · re to do so shall constitute an act of Default under this Contract. If Buyer, having applied for the loan cificd abol'e, is unable to obtain such loan commitment and serves written notice to Seller within the tim ecified, this Contract shall be null and void. If \Yritten notice of inability to obtain such loan commitrnen · not served \Vithin the time specified, Buyer shall be deen1ed to have waived this contingency and this Co ac1 shall remain in full force and effect. Unless other\vise provided in Paragraph 31, this Contract shall n contingent upon the sale and/or closing of Buyer's existing real estate. Buyer shall be deemed to have sa · 1ed the finan:ing conditions of this paragraph if Buyer obtains a loan co1n1nit1nent in accordance with the tern of this paragraph even though the loan is -conditio11ed on the sale tind/or closing of Buyer's existing real es If Seller at Seller's option and expense, witl1in thilty (30) days after Buyer's notice, procures for Buyer such 1nn1itlnent or notifies Buyer that Seller will accept a purchase 1noney mortgage upon the same tem1s, this Conti s iall remain in full force and effect In such event, Seller shall notify Buyer within five (5) Business Day.s after B er's notice .of Seller's election to provide or obtain such financing, and Buyer shall furnish to Seller or lender all requested infonnation and shall sign aU papers necessary to obtain the mortgage cotnmitment and to close the loan.

12. HOMEOWNER INSURANCE: This Contract is ccntingent upon Buyer's securing evidence ofinsurability for an Insurance Service Organization Homeowner 3 (!SOH03) or applicable equivalent policy at Preferred Premium rates within ten (I 0) Business Days after Date of Acceptance. If Buyer is unable to obtain evidence of insurability and serves written notice with proof of same to Seller within the time specified, this Contract shall be nu 11 and void. If written notice is not served within the time specified, Buyer shall be deemed to have waived this contingency and this Contract shall remain in full force and effect.

13. FLOOD INSURANCE. Unless previously disclosed in the lllinois Residential Real Propcl'ty Disclosure Report, Buyer shall have the option to declare this Contract null and void if tl1e Real Estate is located in a special flood hazard area which requires Buyer to carry flood insurance. If written notice oftht option to declare this Contract null and void is not given to Seller 'vithin ten (10) Business Days after Date or Acceptance or within the tern1 specified in Panagraph 11 (whichever is later), Buyer shall be deemed to have waived such option and this Contract shall remain in full force and effect. Nothing herein shall be deemed to affect any rights afforded by the Residential Real Property Disclosure Act.

138 14. CONDOMINIUM/COMMON INTEREST ASSOCIATIONS. (If applicable) The Parties agree that the te11115 139 ccntained in this paragraph, which may be contrary to other terms of this Contract, shall supersede any conflicting tenns. 140 (a) Title when conveyed shall be good and merchantable, subject to terms, provisions, covenants and conditions of I 41 the Declaration of Condominium/Covenants, Conditions and Restrictions and all amendments; public and utility 142 ease1nents including any easements established by or implied fron1 the Declaration ofCondo1niniun1/Covcnants, 143 Conditions and Restrictions or a1nendments. thereto~ party wall rights and agreements~ li1nitations and conditions 144 imposed by the Condominium Property Act; installments due after the date of Closing of general assessments I 45 established pursuant to the Declarotion of CondominiunVCovenants, Conditions and Restrictions. 146 (b) Seller shall be responsible for all regular assessments due and levied prior to Closing and for all special 147 assessn1ents con finned prior to the Date of Acceptance. 148 (c) Buyer has, within five (5) Business Days from the Date of Acceptance. the right to demand from Seller items as 149 stipulated by the Illinois Condominium Property Act, if applicable, and Seller shall diligenlly apply for same. l 50 Thi' Contract is subiect to the condition that Seller be able to procure and provide to Buyer, a release or waiver 151 of any option of first refusal or other prc-en1ptlve rights of purchase created by the Dec!arlltion of l 52 Condominium/Covenants, Conditions and Restrictions witl1in the time established by the Declaration of 153 Condorninium/Covenants, Conditions and Restrictions. In the event the Condo111iniu111 Association requires

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Buyer Initial Buyer lnirial Seller lnirw/ t's,J Se//er Initial ____ _ ~4ddress ,290 Indian Trail lake in The Hills II. 50156

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l 54 personal appearance of Buyer and/or additional docu111entation, Buyer agrees to con1ply \vith san1e. 15 5 ( d) In the eve11t the documents and information provided by Seller to Buyer disclose that the existi11g improvements I 56 are in violation of existing rules, regulations or other restrictions or that the tenns and conditions contained 157 within the docunlents would unreasonably restrict Buyer's use of the pre1nises or would result in increased 158 financial obligations unacceptable to Buyer in connection with owning the Real Estate, then Buyer may 159 declare this Contract null and void by giving Seller written notice within five (5) Business Days after the 160 receipt of the docurnents and information required by Paragraph 14 (c), listing those deficiencies which 161 are unacceptable to Buyer. lfwritte11 notice is not served within the time specified, Buyer shall be deemed 162 to have \\'aived this contingency, and this Contract shall ren1ain in full force and effect. J 63 (e) Seller shall not be obligated to provide a condominium survey 164 (f) Seller shal I provide a certificate of insurance sllOwing Buyer (and Buyer's mortgagee, if any) as an insured. 165 l 66 15. THE DEED: Seller shall convey or cause to be conveyed to Buyer or Buyer's designated grantee good and 167 merchantable title to the Real Estate by recordable general Warranty Deed, with release of homestead rights. (or' the 168 appropriate deed if title is in tmst or in an estate), and with real estate n·ansfer stamps to be paid by Seller (unless 169 ·otherwise designated by local ordinance). Title when conveyed will be good and merchantable, subject only to: general 170 -re.'1! estate taxes not due and payable at the tiine of C~oslng, covenants, conditions, and restrictions of record, building ! 71 lines and easements, if any, so long as they do not interfere with the current use and enjoyment of the Real Estate. 172 173 16. TITLE: At Seller's expense, Seller will deliver or cause to be delivered to Buyer or Buyer's attorney within 174 custo1nary ti1ne lin1itations and sufficiently in advance of Closing, as evidence of title in Seller or 'Grantor, a title 175 co1nn1itment tOr an AL TA title insurance policy in the a1nount of the Purchase Price with extended coverage by a title 176 -company licensed to operate in the State of Illinois, issued on or subsequent to the Date of Acceptance, subject only to 177 items listed in Paragraph 15. The requirement of providing extended coverage shall not apply if the Real Estate is vacant l 78 land. The con1n1it1nent for tltle insurance furnished by Seller \Ylll be conclusive evidence of good and 1nerchantable title 179 as therein shown, subject only to the exceptions therein stated. If the title commitment discloses unpermitted exceptions. 1'80 -Or if the Plat -cf Surve:y shov.1s any encroachn1ents which are not acceptable to Buyer, then Seller shall have said 181 exceptions or encroachn1ents ren1oved, or have the title insurer conunit to insure against loss or da1nage that may be 182 caused by such exceptions or encroachments. If Seller fails to have unpennitted exceptions waived or title insured over I 83 prior to Closing. Buye1· may elect to take the title as it then is, with the right to deduct from !he Purchase Price prior I 84 encumbrances of a definite or ascertainable amount. Seller shall furnish Buyer at Closing an Affidavit of Title covering I 85 the date of Closing, and shall sign any other customary forins required for issuance of an ALT A Jnsurance Policy 186 187 17. PLAT OF SURVEY Not less than one (I) Business Day prior to Closing, except where the Real Estate is a 188 condominium (see Paragraph 14) Seller shall, at Seller's expense. furnish to Buyer or Buyer's attorney a Plat of Survey I 89 dated not more than six {6) months prior to the date of Closing, prepared by an Illinois Professional Land Surveyor, 190 showing any encroachn1ents~ nteasurements of all lot lines, all easc1nents of record~ building set back lines of record. 191 fences~ all buildings and other i1nprovements on the Real Estate and distances ther~frotn to the nearest two lot lines. in 1'92 addition, the survey to be provided shall be a boundary survey conforming to the current requirements of the appropriate 193 state regulatory authority The survey shall shov.1 all conlers staked, flagged, or othe1v.•ise 111onu1nented. The survey shall 194 have the following state1nent prominently appearing near the professional land surveyor seal and signature: ·'This 195 professional service confonns lo the current Illinois (nini1nu1n standard.~ for a boundary survey" A Mortgage Inspection, 196 as defined. is not a boundary survey, and Is not acceptable. 197 198 18. ESCROW CLOSING. At the election of either Party, not less tban five (5) Business Days prior to the Closing, this I 99 >ale shall be closed thmugh an escrow with the lending inslitution or the title company in accordance with the provisions 200 of tile usual form of Deed and Money Escrow Agreement, as agreed upon between the Patties, with provisions inserted 201 in the Escrow Agreeinent as 1nay be 1equired to conform vrith this Contract The cost of the escro~.v shall be paid by the 202 Party iequesting the escro\v Tfthis transaction is a cash purchase {no 1nortgage is secured by Buyer), the Parties sh;i,11 203 share the title company escrow closing fee equally

204.--~~~~-t;;<.,..,....,,,_~~~~~~~~~~~-~~..l.:-~~~~~~~~~~-. Buyer Initial Buyer Initial _____ Seller fnititrl _,KN.>.<..o~--Seller Initial _____ _ Al/dress ,290 Indian Trail Lake In The Hills ll. 60156

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205 19. DAMAGE TO REAL ESTATE PRIOR TO CLOSING If, prior to delivery of the deed, the Real Estate shall be 206 destroyed or materially damaged by fire or other casualty. or the Real Estate is taken by condemnation, then Buyer shall 207 have the option of either terminating this Contract (and receiving a refund of earnest money) or accepting the Real 208 Estate as damaged or destroyed, togelher with the proceeds of the condemnation award or any insurance payable as a 209 result of the destruction or damage, which gross proceeds Seller agrees to assign to Buyer and deliver to Buyer at 210 closing. Seller shall not be obligated to repair or replace da1naged i1nprove1uents. The provisions of the Unifonn Vendor 21 l and Purchaser Risk Act of the State of Illinois shall be applicable to this Contract, except as modified in this paragraph.

212 213 20. REAL ESTATE TAX ESCROW· In the event the Real Estate is improved, but has not been previously taxed for 214 the entire year as currently in1proved, the sutn of three percent (Jllfo) of the Purchase Price shall be deposited in escrow 215 with the title company with the cost of the escrow to be divided equally by Buyer and Seller and paid at Closing. When 216 the exact amount of the taxes prorated under this Contract can be asce11ained, the taxes shall be prorated by Seller's 2 I 7 attorney at the request of either Pai1y, and Seller's share of such tax liability after reproration shall be paid to Buyer from 2 I 8 the escrow funds and the balance, if any, shall be paid to Seller If Seller's obligation after such reproration exceeds the 219 amount of the escrow fonds, Seller agrees to pay such excess promptly upon demand. 220 221 21. SELLER REPRESENTATIONS. Seller represents that Seller has not received written notice from any 222 Governmental body <>r Homeowner Association regarding (a) zoning, building, fire or health code violations that have 223 not been cotTeeted; (b) any pending rezoning; (c) any pending condemnation or eminent domain proceeding; or (d) a 224 proposed or confirmed special assessment and/or Special Service Area affecting the Real Estate. Seller represents, 225 however, that, in the case ofa special assessment and/or Special Service Area, the following applies:

22{) I There {check one} is D is not Ba proposed or pending unconfirmed special assessment affecting the Real 227 Estate not payable by Seller after date of Closing.

228 2. The Real Estate {clieck one/ is 0 is not):{ located within a Special Service Area, payments for which will 229 not be the obligation of Seller after date of Closing. 230 If an~· of the representations contained herein regarding non-Homeolvner Association special assessment or 231 Special Service Area are unacceptable to Buyer, Buyer shall have the option to declare this Contract null and 232 void. If written notice of the option to declare this Contract null and void is not given to Seller within ten (10) 233 Business Days after Date of Acceptance or within the term specified in Paragraph 11 (whichever is later), Buyer 234 shall be deemed to have waived such option and this Contract shall remain in full force and effect. Seller further 235 represents that Seller has no knowledge of boundary line disputes, easements or claims of easement not shown by the 236 public records, any hazardous waste on the Real Estate or any in1prove1nents for which the required pennits wel'e not 23 7 obtained. Seller represents that thene have been no improvements to the Real Estate which are not either included in full 238 in the detennination of the most reeent real eslate tax assessment or which are eligible for hon1e improvement tax 239 exemption. 240 241 22. CONDITION OF REAL ESTATE AND INSPECTION: Seller agrees to leave the Real Estate in broom clean 242 condition. All refuse and personal property that is not to be conveyed to Buyer shall be removed from the Real Estate at 243 Seller's expense before possession. Buyer shall have the right to inspect the Real Estate, fixtures and personal prope1ty 244 prior to possession to verify that the Real Estate, improvements and included personal property are in substantially the 245 sarne condition as of the Date of Acceptance, norrn~J wear and tear excepted. 246 247 ZJ. GOVERNMENTAL COMPLIANCE. Pat1ies agree lo comply with the repot1ing 1equirements of the applicable 248 sections of tile lnlernal Revenue Code and the Real Estate Settlement Procedures Act of 1974, as amended. 249 25{) 24. BUSINESS DAYS/HOURS. Business Days are defined as Monday through Friday, excluding Federal holidays. 251 Business Hours are defined as 8:00 A.M. to 6:00 P.M. Chicago time. 252 253 25. FACSIMILE. Facsi1ni!e sagnaunes shall be sufficlent tor purposes of i.:xccuting, negotiating, and finaUzing this 254 Contract.

Buye1· lnitial Buyer Initial _____ Seller Initial _..,.,__,_,__ __ Seller Initial _____ _ Address ,290 Indian Trail Lake In The Hills II. 60156

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255 256 257 258 259 260 261 262 263 264 265 266 267 268 269 270 271 272 273 274 275 276 277 278 279 280 281 282 283 284 285 286 287 288 289 290 291 292 293 294 295 296 297 298 299 300 301 302

26. DIRECTION TO ESCROWEE: In every instance where this Contrl!{,1 shall be deemed null and void or if this Contract may be terminated by either Party, the following shall be deemed incorporated: "and earnest money refunded to Buyer upon written direction of the Parties to Escrowee or upon entry of an order by a court of competent jurisdiction"

27. NOTICE: All Notices. except as provided otherwise in Paragraph 31(C) (2), shall be in writing and shall be served by one Party or attorney to the other Party or attorney Notice to any one of a multiple person Party shall be sufficient Notice to all. Notice shall be given in the following 1nanner·

(a) By personal delivery of such Notice; or (b) By 1nailing of such Notice to the addresses recited herein by regular 1nail and by certified 1nail, retun1 receipt

requesled. Except as otherwise provided herein, Notice served by certified 1nail shall be effective on the date of mailing; or

(c) By sending facsimile transmission. Notice shall be effective as of date and time of facsimile transmission, provided that the Notice transmitted shall be sent on Business Days during Business Hours. In the event fax Notice is trons1nitted during non-business hours, the effective date and tin1e of Notice is the first hour of the next Business Day after transmission~ or

(d) By sending e-mail transmission. Notice shall be effective as of date and time <if e-maii transmission, provided tliat the Notice transmitted shall be sent during Business Hours, and provided further that the recipient provides written acknowledg1net1t to the sender of recelpt of the transn1ission {by e-1nail, facsimlle, regular 1nail or commercial overnight delivery). In the event e-mail Notice is transmitted during non-business hours. the effective date and tin1e of Notice is the first hour of the next Business Day after trans1nission; or

(e) By comme1'Cial overnight delivery {e.g., FedEx). Such Notice shall be effective on the next Business Day following deposit with the overnight delivery company

28. PERFORMANCE: Time is of the essence of this Contratt. In any action with respect to this Contract, tl1e Paities are free to pursue any legal remedies at law or in equity and the prevailing Paity in litigation shall be entitled to collect reasonable attorney fees and costs from the non-Prevailing Party as ordered by a court of competent jurisdiction. There shaU be no disburse1nent of earnest 1none:r unless Escrowee has been provided v.:ritten agree1nent fro111 Seller and Buyer Absent an agreen1ent relative to the disburse1nent of earnest money within a reasonable period of tiine, Escrov,1ee inay deposit funds with the Clerk of the Circuit Court by the filing of an action in the nature of interpleader. Escrowee shall be reimbursed from the earnest money for all costs. including reasonable attorney fees. related to the filing of the interpleader action. Seller and Buyer shall inden1nify and hold Escrowee hannless fro1n any and all conflicting clairns and de111ands arising under this paragraph.

29. CHOICE OF LAW/GOOD FAITH: All terms and provisions of this Contract including, but not limited lo, the Attorney Review and Professional Inspection paragraphs, shall be governed by the laws of the State of Illinois and are subject to the covenant of good faith and fair dealing implied in all Illinois contracts.

30. OTHER PROVISIONS: This Contract is also subject to those OPTIONAL PROVISIONS selected for use and initialed by tl1e Parties which are contained in the following paragraphs and attachments, if an)" .i}tz,a 1 .# </o

)

THE FOLLOWING OPTIONAL PROVISIONS APPLY ONLY IF INITIALED BY ALL PARTIES

____ 31. SALE OF BUYER'S REAL ESTATE. Initials

(A) REPRESENT A TtONS ABOUT BU\'ER'S REAL ESTATE: Buyer represents to Seller as follows: ( l) Buyer owns real estate com1nonly kno\Vn as (address}: -

303 (2J Buyer /c/lcck one/ 0 Las 0 has 11ot entered into a contract to sell said rear ec;tat.e If Buyer has entered intci a contract to

304 sell said real estate, that contract:

305 (a) /check ont/ 0 is D is not subject to a mortgage contingency

Buye1· Jni1ia/ Buyer lnilia/ Seller Initial R) Seller Initial ____ _ Addres.1· ,290 Indian Trail Lake In The Hills II. 60156

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306 307 308 309 310 311 312 313 314 315 316 317 318 319 320 321 322 323 324 325 326 327 328 329 330 331 332 333 334 335 336 337 338 339 340 341 342 343 344 345 346 347 348 349 35{} 351 352 353 354 355 356 357 358 359

(b) {check one/ D is 0 is not subject to a real estate sale contingency

(C) fclreck one/ 0 is 0 is not subject to a real estate closing contingency

L1) Buyer /clzeck one/ 0 has D has not listed said real eslate for sale \.Villi a licensed real estate broker and in a l(){;al mulh\llc listing service.

(4) If Buyer's real estate is not listed for sale with a licensed real eslale broker and in a local n1l1ltiple listing service. Buyer /cliecl• 011e/

(t1) 0 Shall list said real estate for sale with a licensed real estate broker who will place it in a local nu1ltiple listing service within five (5) Business Days after the Date of Acceptance. For infonuation only· Broker·-----------------------.,-,-----------­Broker s Address: ---- Phone: ----------

(b) 0 Does not intend to list said real estate fol' sale. (8) CONTINGENCIES BASED tJPON SALE AND/OR CWSE OF BUYER'S REAL ESTATE:

(I) This Contract is contingent upon Buyer having entered into t. contract for lhe sale of Buyer's real estate that is in full force and effect as of , 20 __ Such contract shall provide for a closing date not later than the Closing Date set forth in !his Contract [f written notice is serv-t:d on or before lht date set forth in tltis subparagraph that Buyer has not procured a contract for the sale of Buyer1s real estate, this Contract shall be null and void. If lYritten notice that Buyer has not procured a contract for· tht: sale of Buyer's real estate is not served on ot· before the close of busines."I on tbe date set forth in this subparagraph, Buyer shatl be deemed to h~ve waived all contingencies contained in this Paragraph 31, and this Contnicf shall ren1ai11 io full force and effect. (If this paragraph is used. then the following paragraph mu."t be crnnpleted.)

(2) ln the event Buyer has entered into a contract for the sale of Buyer's real estate as set forth in Paragraph 31 {B) { l) and that contract is in full force and effect, or has entered into a contract for sale of Buyer's real estate prior to the execution of this C'.ontracl, this Contract is contingent upon Buyer closing the sale of Buyer's real estate on or before ___________ ., 20 __ If written notice that Buyer has not closed the sale of Buyer's real estate is served before the close of business on the next Business Day after tht. date set forth in .the preceding sentence, this Contract shall be null and void. If written notice is not served as described in the 1>reccding sentence, Buyer shall be deemed to have \Vaived all contingencies contained in this Paragraph 31, and this Contract sbaU re1nain in full force and effect.

(3) If the contract for the sale of Buyer's real estate is lenninated for any. reason after the date set forth in Paragraph 31 (B) {I) (or after tile ~te of this Contract if no date is set forth in Paragraph 31 {B) (I)), Buyer shall. vdthin three (3) Busin.ess Days of such tennination. notify Seller of said tennination. Unless Buyer, as 11art of said notice, wnivcs all contingencies in Paragraph 31 and colnplits ,,-ith Paragraph Ji {Dh this Contract shall be nuJI and void as of tile date of notice. If written notice as required by thls subparagraph is not served \Yithin the time specified, Buyer slulll be in default under the terms of this Contract.

(C) SELLER'S RIGHT TO CONTINUE TO OFFER REAL ESTATE FOR SALE. During the time of this contingency, Seller has the right to continue to show the Re.'ll Estate and offer it for sale subject to the following:

{ 1) If Seller accepts another bona fide offer to purchase the Real Estate while the contingencies expressed in subparagraph {B) are in effect. Seller shall notify Buyer in writing of smne. Buyer shall then have -- hours after Seller gives such notice to waive the contingencies set forth in Paragraph 31 (B), subject to Paragraph 31 (D).

{2) Seller's notice to Buyer {comn1only referred to as a ukick-out" notice) shall be served on Buyer, not Buyer's attorney or Buyer's real estate agent. Courtesy copies of such ··kick-out" notice should be sent to Buyer's attorney and real estate agent. if known. Failure to provide such courtesy copies shall not render notice invalid. Notice to any one of a multiple-person Buyer shall be sufficient noti~ to aJI Buyers. Notice for the purpose of this subparagraph only shall be served upon Buyer in the following tnanner· · (a) By personal deliveiy of such notice effective at the time and date of personal delivety; or (b) By mailing of such notice to the addresses recited herein for Buyer by regular mail and by certified mail. Notice

served by regular mail and certified n1ail shall beeffectlve at 10:00 A.M. on the 1norning of the second day following deposit of notice in U.S. Mail; or

(c) By commercial overnight delivery (e.g., FedEx). Such notice shall be effective upon delivery or at 4:00 P.M. Chicago time on the next delivery day following deposit with the overnight delivery company, whichever first occurs.

(J) If Buyer COll'lp lies \,vith the provisions of Pflragrapli 31 (D) then this Contrttct S.hi:ill re1nain in full force and effect. (4) If tbe co1Hingcncies set forth in Paragraph 31 (8) arc NOT \Vaived in 'vriting within s~id ti1ne period by Buyer. this

Contract shall be null and void. (5) Except as provided in subsections to subparagraph (C) (2) above, all notices shall be made in the manner provided by

Buyer lnilia/ _!;;;::f'tfS' Buver lnirial Sella fmtial Seller Initial _____ _ Addre.vs ,290 Indian Trail Lake Jn The Hills II. 60156

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Paragraph 27 of this Contract. (6) Buyer waives an.y ethical objection to the delivery of notice under this paragraph by Seller's attorney or representative.

(D) WAIVER OF PARAGRAPH 31 CONTINGENCIES: Buyer shall be deemed to have waived the contingencies in Paragraph 31 (B) when Buyer has delivered written waiver and deposited with the Escrcwec the addiliona[ sun1 of$.~-~-----­earnest n1oney \vithin the ti1ne specified. If Buyer fails to deposit the additional earnest money ''Yitbin tbe time s1>ecified~ the \\'aiver shall be deemed ineffective and this Contract shall lie null and void.

360 361 362 363 364 365 366 367 368 369 370 371 372 373 374 375 376 377 $-378 379 380 381 382 383 384 385 386 387 388

(E) BUYER COOPERATION REQUIRED: Buyer authorizes Seller or Seller's agent to verify representations contained in Paragraph JI at any time, and Buyer agrees to cooperate in providing relevant infonnation.

15?_ __ ~--32. CANCELLATION OF PRIOR REAL ESTATE CONTRACT: In the event either Party has entered a prior. real estate contract. this Contract shall be subject to written ~ncellation of the prior contract 011 or before

tJ hj , 20~- In lhe event the prior contract is not cancelled \Vithin the time specified, this Contract shall be u I a d void. Notice to (he pnrcbasel' under the prior contract should not be served until after Attorney Rt\'iew and

Professional Inspections provisions of this Contract hAve expired, been satisfied or 'vaived.

_ _,,. _______ 33. CLOSING COST CREDIT Provided Buyer's lender permits such ciedit to show on the HUD-I Settlement Statement, and if not, such Jesser amount as the )ender permits, Seller agrees to credit to Buyer

at closing.

________ 34. INTEREST BEARING ACCOUNT Earnest money (with a completed W-9 and olher required forms). shall be held in a federally insured interest bearing account at a financial institution designated by Escrowee. All interest ean1ed on the earnest 1noney sJ1all accrue to the benefit of and be paid to Buyer. Buyer shall be responsible for any administrative fee (not to exceed $100) charged for setting up the account. In Rnticipation of Closing, lhe Parties direct Escrowee to close the account no sooner than ten ( 10) Business Days prior to the anticip;ited Closing date.

-=--=--===35:-V:>'<1)R··FHA-l'IN:>'<~e1NG--1Hlnyeris-seek~1g-VA-orl'HA-li"a11cir10, 11,;,,,1,fflsieH-Si>all·~~'"3abl"' Buyer 1nay tenninalc this Contract if the Purchase Price set forth herein exceeds the appraised value of the ~~as dctcnnincd by the Veterans Ad1ninistration (VA) or the Federal Housing Administration (FHA). However _..BttyCr· shall have lhe option of proceeding with this Contract V.'ithout regard to the an1ount of the appraised valuation. lfV e Funding Fee, or if FHA,

389 390 391 392 393 394 395 396 397 398 399 400 401 402 403 404 405 406 407 408 409 410 411 412 413 414

the Mortgage Insurance Pre1niu111 (MIP) shall be paid by Buyer and {check 011e/ D shal all not be added to the 1nortgage loan a1nount Seller agrees 10 pay additional n1iscellaneous expenses required by not to exceed $200.00. Required FHA or VA amendments shall be a11ached to this Contract. It is expressly a lat notwithstanding any other provisions of this Contract, Buyer shall 11ot be obligated to complete the purchase of~ erty described herein or to incur any penalty b)' forfeiture of earnest 111oney deposits or otherwise unless Buyer has ~i--gtVe"n, in accordance with HUDfFHA require1nenr:s, a written state1nent by the Federal Housing Co1nniissioner settin Ort1'1"the appraised value of the property (excluding Closing costs) of not less than $ uyer shall have tl1e privllege and option of proceeding \.vith tile consum1nation. of the Contract wrtl1otrt regard to lh9ootfilt of the appraised valuation. The appraised valuation is arrived at to detern1ine the 1naxi1nu1n 1nortgage the Departn1CJ*Of'flousing and Urban Development will insure/guarantee. HUD and the tnortgagee do not warrant the value nor the condition of the property Buye; should satisfy hi1nself/hcrselfthat the price and condition of the proper1y are acceptable.

J,, IPfTERll\4 FINl .. NEING. This C'orttraet tscoutinge11t ~pen Btt)Ci obtainillti a vvrittc11 coH1111ih11e11t for interin1 financing on or before , 20 __ in the a1nount of$ ~titiiyer is unable to secure the interi1n financing co1nmit111ent and gives \Vritten 11otlce to SeJl~i1t-theifffiC specified, this Contract shall be null and void. If written notice is not served uithin th_ij!D1e..speci:fiRt;-Uiisj1rovision shall be deen1erl waived by th~ Parties and this Contract shall re1nain in full fn.tce-flmt"elfect •

~--=-- _____ ._ .. 37. Yt1ELL .. ANDLOR .. SEf_TlO£A1..!J..IAR.l....11SCTJONS Se!Jer shall.obtain..ai..Sellei..s...expens.e..a...well water test stating that the well delivers not less than five (5) gallons of water per minute and including a bacteria and nitrate test.( and lead test for PHA loans) and/or a septic report from the applicable County Health Departrnent, a Licensed_~n.vJronmeOla:t' Health Practitioner. or a li-censed well and septic inspector, each dated not more than ninety (90) days_m:ior..te·erOslng, stating that the well and water supply and tJ1e private sanitary system are in proper operating condition.with-n""Odefects noted. Seller shall remedy any defect or deficiency disclosed by ~aid report(S) prior to Closing; provjded .that-irihe cost of remedying a defect or deficiency and the cost of !andsc;iping togelher exceed $3,000.00, and if t~e. Partie·s-c3.nnot reach agreement regarding pavment of such additional cost, then this Contract may be terminated b:t.~ither-Parfy Additional testing recommended by the report shall be obtained a\ Seller's expense. If the report recommends ·aaaltional testing after Closing, the Parties shall have the option of establishing an escrow with a

Buyer Initial Buyer lnirial _____ Seller Initial _ _.~ ___ Seller Initial ____ _ Address ,290 Indian Trail Lake In The Hills II. 60156

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415 416 417 418 419 420 421 422 423 424 425 426 427 428 429 430 431 432 433 434 435 436 437 438 439 440 441 442 443 444 445 446 447 448 449 450 451 452 453 454 455 456 457 458 459 460 461 462 463 464 465

466

mutual cost allocation tbr necessary repairs or replacements, or either Party 1nay tcnninatc this Contract prior to Closing. Seller shall deliver a copy of such cvaluation(s) t-0 Buyer not less than one (1) Business Day prior to Closing.

38. WOOD DESTROYING INl'ESTA TION: Notwithstanding the provisions of Paragraph 10, within ten (IO) Business Days after the Date of Acceptance, Seller at Seller's expense shall deliver to Buyer a written report, dated not more than six {6) months prior to the date of Closing, by a licensed inspector certified by the appropriate state regulatory authority in the subcategory of termites, stating that there is no visible evidence of active infestation by termites or other wood destroying insects. Unless otherwise agreed between the Parties, if the report discloses evidence of active infestation or structural damage, Buyer has the option within five (5) Business Days of receipt of the report to proceed with the purchase or declare this Contract null and void. This paragraph shall not apply to condominiu1ns or lo newly constructed property having been occupied for less than one year follov.•ing completion of consb'Uction.

'l:'POST-CLOSING POSSESSION: Possession shall be delivered no later tlmn 11:59 P.M. on the date that is ___ days after the date of Closing ("the Possession Date"). Seller shall be responsible for all utilities, contents and liability insurance, and home maintenance expenses until delivery of possession. Seller shall deposit in escrow at Closing

\.\1ith"' floose one/ D one percent ( [o/o) of the Purchase Price or D the smn of$ -to

be paid by Escrowee as follows: a) The sum of S per day for use and occupancy from and inclllding the day after Closing to and including the day of delivery of possession, ifon or before the Possession Date; b) The amount per day equal to five (5) times the daily amount set forth herein shall be paid for each day after the Possession Date specified in this paragraph that Seller remains in possession of the real estate; and c) The balance, if any, to Seller after delivery of possession and provided that the tenns of Paragraph 22 have been satisfied. Seller's liability under this paragraph shall not be limited to the amount of the possession escrow deposit referred to above. Nothing herein shall be <ioemed to create a Landlordff-enant relationship between the Parties.

~-- ~J __ 40. "AS IS" CONDITION: This Contract is for the s•le and purchase of tlie Real Estate and personal property in its "'As [s'' -conditioo as of the Date of Offer Buyer ackno\vledges that no representations. \"1arranties or gllarantees with respect to the condition of the Real Estate ::ind personal property have been 1nade by Seller or Seller's Agent other than those known defects. if any, disclosed by Seller. Buyer 1nay conduct an inspection at Buyer's expense. ln that event, Seller shall 1nake the property available 10 Buyer's inspector at reasonable ti111es. Buyer shafl inde111nify Seller and hold SeHer hamlless from and against any loss or da1nage caused by Hie acts or negligence of Buyer or any person perfonning any inspectioo(sJ. In tbe -event th-c inspection reveals that the condition of the im1•rovenu~nts., fixtures or personal 11roperty to be conveyed or transferred is unacceptable to Buyer :ind Buyer so notifies Seller '\vithin five (5) Business Days after the Date of Acce11tance., this Contract shall be null and void. Failure of Buyer to notify Seller or to conduct said inspection operates as a 'vaiver of Buyer1s right to tern1inate this Contract under this pamgraph and this Contract shall remain in full force and effect. Buyer acknowledges the provisions of Paragraph JO and the warra1\ty provisions of Paragraph 3 do not apply to this Contract.

-=:. ==:.-=---4·L-CONF!fl.Mk!'IQN~l'--Dll*b-AGENE¥,..:fl1e-flerties-eotffifftt-lllatj!r:Jw 0 P" iORSly-i""1 to (Licensee) acting-tis a Dua! Agent in providing brokerage services

o;;;;n °"1I"-1c;;i;r ;:be;:;l;;l8;cl f~a;;,;;,di:s;;p;;e:;:ciiifi'-1c:;a:;;l l;;y-;c:;;o;;ns;;e:-;n;;-t ;;to;iLr;;ic:;:e;;nse;:::;e-;a;;c;;ti;;n;;g:;11S;::;;a'Tu"u;;;a;fi 'jAi';g?;ei:'.1';t ~w'.::it:::h-:r:egard to the transaction referred to in th is Contrac..1.

42. SPECIFIED PARTY APPROVAL: This Contract is contingent upon the approval of the Real Estate by

_.,.,.,..-=-=-=---=---=--~,--.,,..-=---=-,------=---,---,,---.,.--...,.,-:----:-~ Buyer's specified party, within five (5) Business Days after the Date of Acceptance. In the event Buyer's spedfied party does not approve of the Real Estate and writ~en notice is given to Seller within the time specified, this Contnct shall be null and void. If written notice is not served within the time .specified, this provision shall be deemed waived by the Parties and this Contract shalt remain in full fo..-ce and effect.

_-_· __ - _ ~-=-43 .. MlSCELLAN.EOUS PROVISIONS: BJ.wr·s and Selle(s oblig~tions are contingent upon the Pa11ies entering into a separate v~ritten agree1ne11t consistent with the tenns and conditions set forth l~W1U1 such additional tcnns as eitller Party may deen1 necessary, providing for one or n1ore of the followi~tpflc<tbJe bnx(esJ)

D Assun1ption of Seller's Mortgage ___Q- Vacant Land

0 Commercial/lnvestment/Starker Exchang~-·- - --------- 0 Artic~s Of Agrce1nc11t for Deed or Purchase Money

0 - Mortgage Cooperative Apartmenr.-

0 New Constrt1Cllon

Buyer 111itial /:)G«;, Buyer Initial _____ Seiler Initial _J""-'"---Seller Initial ____ _ Addres.~ ,290 Indian 'fr'ail Lake In The Hills II. 60156

Page 9of11

-

467 468 469 470 471 472 473 474 475 476 477 478 479 480 481 482 483 484 485 486 487 488 489 490 491 492 493 494 495 496 497 498 499 500 501 502 503 504 505 506 507 508 509 510 51 l 512 513 514 515 516

THIS DOCUMENT WILL BECOME A LEGALLY BINDING CONTRACT WHEN SIGNED BY ALL PARTIES AND DELIVERED TO THE PARTIES OR THEIR AGENTS.

BUye1~ture Village of Lake In The Hills PTJOt Buyer(s) Nanie(s) [Rer1uiret1)

Address

City State

Phone E-n1a1I

Century 21 Homestead Realty Sellmg Ofhce Jean Botts Buyer's De51gnated Agent 847-658-7043 Phone

-1na1 Michael Smoron Buyer's Attomey 815-459·2050 Phone

Mortgag:._ Company

Loan Ofttcer

5160 MLS# 50374

Zip

MLS# 658-7701 Fax

E-mail 459-9057 J-ax

Phone

fax

'e er tgnature Donna Rae Vanderhoof Prmt Seller(s) Name(s) /Reqwredf

A ress

late

Phone E-1na1l FOR INFORMATION ONLY

Coldwefl Banker Primus L1stmg Otlice Cathy Leona rd Seller's Designated Agent 84 7 -658-5000 Phone

E-ma1 Lee Lockwood Seller's Attorney 815-455-8440

one

5030 MLS# 51922

1p

MLS# 658-!RIRI .;;v ;'f Fax

E-1nad 815-455-8134

ax

Homeowner'S/Condo Assoc1auon (if any) !'hone

Management CoJOther COntact Phone

02006. Illinois Real Estate Lawyers Association. All rights reserved. Unauthorized dupljcation or alteration of this fonn or any porrion thereof is prohibited. Official fonn available at W\VV.'.rea/Jaw.org (web site of Illinois Real Estate La\vyers Association}.

Approi1etl b.l' t/Je following organizalion.'i Ft!brunry 2006. Illinois Real Estate La:wyers Association. Aurora Tri-County Association of REALTORS®, Chicago Association of REALTORS", DuPage County Bar Association. Kane County Bar Associcition. Lake County Bar Association. ~1cHenry County Association of REAL TORS~'. North Shore - B~rringto11 Association of REALTORS«i Nortlnvest Suburban Bar Association. Oak Park Board of REALTORs". REALTOR" Association of the Fox Valley, REALTOR" Association of1he Northwest Chicagoland, REALTOR'· Association of West/South Suburban Chicagoiand, Tf1ree Rivers Association of REAL TORS®, West Towns Board of REAL 'TORS11'

517.-------------------------------------. 518 Seller Rejection: This offer was presented to Seller on _____ 20 at ________ AM/PM 519 and rejected on 20 __ at ____ AM/PM------520L------------------------~(S~e~lle~r~i~ni~ti~al~s)'-----'(~S_el_ler_in_it_ia_ls~) __ ___,

Buyer f11i1ial Buyer Initial _____ Seller Inifia/ _.,,,_-"-__ Se/Jer Ini1ia! _____ _ Addres.I' ,290 Indian Trail Lake In The Hills 11. 60156

Page 10 oft I

AGENDA COVER SHEET

Date: October 11, 2016

Department: Police Department

Representative: Chief David Brey Action Required: Title: Amendment to Chapter 15, Code Hearing Department Executive Summary: The police department recommends an amendment to

Chapter 15, Section 15.04 (B)(5) “Powers and Duties”, as it relates to assessing costs

upon finding a party liable for the charged violation. Currently, costs of $25 are imposed

on persons found liable. After reviewing the costs the Village incurs in administering the

process, which includes the cost of the Code Hearing Officer and the Village staff and

other resources, the Village is not offsetting its costs with the $25 cost. An analysis was

also completed of comparable/neighboring communities. The recommendation is to

increase the cost to $50 based on cost of the administrative hearing process.

Recommendation: Approve Ordinance amending Chapter 15 of the Municipal Code.

Expenditure of Funds: Yes X No

Amount: $ 0

Budgeted Amount: $ 0

Motion Contract/Agreement

Resolution Approval of Payment

X Ordinance Award of Bid/Purchase

Other

VILLAGE OF LAKE IN THE HILLS

ORDINANCE NO. 2016-______

An Ordinance Amending Chapter 15, Section 15.04B

“Powers and Duties”,

of the Lake in the Hills Municipal Code

WHEREAS, the Village of Lake in the Hills, McHenry County,

Illinois, is a home rule municipality as contemplated under

Article VII, Section 6, of the Constitution of the State of

Illinois, and the passage of this Ordinance constitutes an

exercise of the Village's home rule powers and functions as

granted in the Constitution of the State of Illinois.

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

of Trustees of the Village of Lake in the Hills, McHenry County,

Illinois, as follows:

SECTION 1: That Section 15.04B, “Powers and Duties”, of

the Lake in the Hills Municipal Code shall be amended to read as

follows:

B. POWERS AND DUTIES: The powers and duties of the

Hearing Officer shall include:

1. Hearing testimony and accepting evidence that is

relevant to the existence of the Code violation;

2. Issuing subpoenas directing witnesses to appear

and give relevant testimony at the hearing, upon

the request of the parties or their

representatives;

3. Preserving and authenticating the record of the

hearing and all exhibits and evidence introduced

at the hearing;

4. Issuing a determination, based on the evidence

presented at the hearing, of whether a Code

violation exists. The determination shall be in

writing and shall include a written finding of

fact, decision and order including the fine,

penalty or action with which the defendant must

comply; and

5. Imposing penalties consistent with applicable

Code provisions and assessing costs a $50 fee

upon finding a party liable for the charged

violation. However, in no event shall the Hearing

Officer have authority to (i) impose a penalty of

incarceration, or (ii) impose a fine in excess of

$50,000, or at the option of the Village, such

other amount not to exceed the maximum amount

established by the Mandatory Arbitration System

as prescribed by the Rules of the Illinois

Supreme Court from time to time for the 22nd

Judicial Circuit. The maximum monetary fine under

this Section shall be exclusive of costs of

enforcement or costs imposed to secure compliance

with the Village’s ordinances and shall not be

applicable to cases to enforce the collection of

any tax imposed and collected by the Village.

SECTION 2: If any section, paragraph, subdivision,

clause, sentence or provision of this Ordinance shall be

adjudged by any Court of competent jurisdiction to be invalid,

such judgment shall not affect, impair, invalidate or nullify

the remainder thereof, which remainder shall remain and continue

in full force and effect.

SECTION 3: All ordinances or parts of ordinances in

conflict herewith are hereby repealed to the extent of such

conflict.

SECTION 4: This Ordinance shall be in full force and

effect upon its passage, approval and publication in pamphlet

form (which publication is hereby authorized) as provided by

law.

Passed this 13th day of October, 2016 by roll call vote as

follows:

Ayes Nays Absent Abstain

Trustee Stephen Harlfinger ____ _____

Trustee Ray Bogdanowski ____ _____

Trustee Bob Huckins ____ _____ _____ _____

Trustee Russ Ruzanski ____ _____ _____ _____

Trustee Paula Yensen ____ _____ _____ _____

Trustee Frank Covone ____ _____ _____ _____

President Paul Mulcahy ____ _____ _____

APPROVED THIS 13TH DAY OF OCTOBER, 2016

__________________________________

Village President, Paul Mulcahy

(SEAL)

ATTEST: ______ _____

Village Clerk, Denise L. Wasserman

Published:________________________________

AGENDA COVER SHEET

Date: October 11, 2016

Department: Police Department

Representative: Chief David Brey

Action Required:

Title: Amendment to Chapter 43, Offenses Against Public Peace, Safety and Morals

Executive Summary: On July 29, 2016, the State of Illinois decriminalized possession of

small amounts of marijuana. The new law makes possession of up to 10 grams of marijuana

a civil offense punishable by a fine of between $100 and $200. Prior to July 29, possession

of up to 2.5 grams of marijuana was a Class C misdemeanor punishable by up to 30 days in

jail and possession of 2.5 to 10 grams was a Class B misdemeanor punishable by up to six

months in jail.

The police department recommends an amendment to Chapter 43, making it a violation of

ordinance to knowingly possess up to 30 grams of any substance containing cannabis or

synthetic alternative drugs. The amended ordinance also adds prohibiting the possession of

drug paraphernalia. Under the proposed amendment, possession of up to 10 grams of

marijuana or synthetic alternative drugs is a violation of ordinance, with a fine not less than

$100 and not more than $200, which is in line with the state’s new civil offense.

In addition, it will be a violation of our ordinance to possess over 10 to 30 grams of

marijuana or synthetic alternative drugs. For a first offense, the fine is not less than $200 and

not more than $300. On a subsequent offense, the fine is not less than $400 and not more

than $600. The fine for possession of drug paraphernalia is not less than $100 and not more

than $200 if the drug paraphernalia is seized during a violation of Section 43.25(a), otherwise

the fine shall be not less than $200 not more than $500.

Adding violations for possession of over 10 to 30 grams will provide officers charging

flexibility when dealing with low-level possession charges. During the last year, the

department processed approximately 112 violations that would fall under this proposed

ordinance. The proposed ordinance will assist the department in processing low-level

possession charges more efficiently and fines issued under local ordinance are returned to the

Village at a higher rate.

Recommendation: Approve Ordinance amending Chapter 43 of the Municipal Code.

Expenditure of Funds: Yes X No

Amount: $ 0

Budgeted Amount: $ 0

Motion Contract/Agreement

Resolution Approval of Payment

X Ordinance Award of Bid/Purchase

Other

VILLAGE OF LAKE IN THE HILLS

ORDINANCE NO. ____

An Ordinance Amending Chapter 43, Section 43.25

“Cannabis, Synthetic Alternative Drugs, and Drug Paraphernalia”

of the Lake in the Hills Municipal Code

WHEREAS, the Village of Lake in the Hills, McHenry County, Illinois, is a home rule

municipality as contemplated under Article VII, Section 6, of the Constitution of the State of Illinois,

and the passage of this Ordinance constitutes an exercise of the Village’s home rule powers and

functions as granted in the Constitution of the State of Illinois; and

WHEREAS, Illinois Public Act 99-0697 and the Compassionate Use of Medical Cannabis Pilot

Program Act (410 ILCS 130/1 et seq.) have changed certain treatment of cannabis possession in Illinois

by decriminalizing the possession of smaller amounts of Cannabis and allowing the use of Cannabis

under certain circumstances for medicinal purposes;

WHEREAS, the Village of Lake in the Hills has also encountered within its corporate

boundaries the possession of and sale of substances containing compounds originally designed as

synthetic alternatives (i.e., synthetic cannabinoids, synthetic stimulants and/or synthetic

psychedelic/hallucinogens) to prohibited controlled substances such as tetrahydrocannibol (THC),

cathinone, methcathinone, MDMA and MDEA; and

WHEREAS, the Drug Enforcement Administration (“DEA”) has determined that the

consumption of synthetic cannabinoids, stimulants, and psychedelic/hallucinogens can have adverse

health effects such as agitation, anxiety, nausea, vomiting, tachycardia, elevated blood pressure,

increased heart rates, tremors, seizures, hallucinations, paranoid behavior and non-responsiveness;

severe psychotic episodes, panic attacks, and hallucinations; and

WHEREAS, the Village of Lake in the Hills deems it necessary and desirable to prohibit the

possession of Cannabis consistent with Illinois Public Act 99-0697 and the Compassionate Use of

Medical Cannabis Pilot Program Act (410 ILCS 130/1 et seq.) and to prohibit the sale, delivery,

possession of products containing synthetic cannabinoids, synthetic stimulants and synthetic

psychedelic/hallucinogens in order to protect the public health, safety and welfare of the citizens of the

Village of Lake in the Hills;

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

of Lake in the Hills, McHenry County, Illinois, as follows:

SECTION 1: Section 43.25 of the Lake in the Hills Municipal Code shall be amended in its

entirety to read as follows:

43.25 CANNABIS, SYNTHETIC ALTERNATIVE DRUGS, AND DRUG PARAPHERNALIA

A. CANNABIS

1. DEFINITIONS: For purposes of this Section, cannabis is defined as in 720 ILCS

550/3(a), as amended.

2. POSSESSION PROHIBITED: It shall be unlawful for any person to knowingly

possess up to 30 grams of any substance containing cannabis within the

corporate limits of the Village.

3. MEDICAL USE OF CANNABIS: Notwithstanding the foregoing, it shall not be

unlawful for any individual to possess cannabis consistent with the

Compassionate Use of Medical Cannabis Pilot Program Act (410 ILCS 130/1 et

seq.), as amended, the terms of which are incorporated herein.

4. VIOLATION; PENALTY: Whoever violates any provision of this Section 43.25

shall be fined as follows: not less than $100 and not more than $200 if the

amount possessed is less than 10 grams; not less than $200 and not more than

$300 if the amount possessed is 10 to 30 grams for a first offense; not less than

$400 and not more than $600 if the amount possessed is 10 to 30 grams for a

subsequent offense. Each day that a violation continues shall be considered a

separate offense.

B. SYNTHETIC ALTERNATIVE DRUGS

1. DEFINITIONS: “Synthetic alternative drug” means any product containing a

synthetic cannabinoid, stimulant, or psychedelic/hallucinogens, as those terms

are defined herein:

a. Synthetic cannabinoid means any laboratory-created compound that

functions similar to the active ingredient in marijuana,

tetrahydrocannabinol (THC), including, but not limited to, any quantity

of a natural or synthetic material compound, mixture, preparation,

substance and their analog (including isomers, esters, ethers, salts, and

salts of isomers) containing a cannabinoid receptor agonist, such as:

JWH-007 (1-pentyl-2-methyl-3-(1-naphthoyl)indole)

JWH-015 (2-Methyl-1-propyl-1H-indol-3-yl)-1 naphthalenylmethanone

JWH-018 (1-pentyl-3-(1-naphthoyl)indole)

JWH-019 (1-hexyl-3-(naphthalene-1-oyl)indole)

JWH-073 (naphthalene-1-yl-(1-butylindol-3-yl)methanone)

JWH-081 (4-methoxynaphthalen-1-yl-(1-pentylindol-3-yl)methanone)

JWH-098 (4-methoxynaphthalen-1-yl-(1-pentyl-2methylindol-3-yl)methanone)

JWH-122 (1-Pentyl-3-(4 methyl-1-naphthoyl)indole)

JWH-164 (7-methoxynaphthalen-1yl-(1-pentylindol-3-yl)methanone

JWH-200 (1-(2-morpholin-4-ylethyl)indol-3-yl)-naphthalen-1-ylmethanone

JWH-203 (2-(-chlorophenyl)-1-(1-pentylindol-3-yl)ethanone

JWH-210 (4-ethylnaphthalen-1-yl-(1-pentylindol-3-yl(methanone

JWH-251 (1-penyl-3-(2-methylphenylacetyl)indole)

JWH-398 (1-penytyl-3-(4-chloro-1-naphthoyl)indole)

HU-210 (6aR,10aR)-9-(Hydroxymethyl)-6,6-dimethyl-3-(2-methyloctan-2-yl)-

6a,7,10,10a-tetrahydrobenzo [c]chromen-1-ol

HU-308 ([(1R,2R,5R)-2-[2,6-dimethoxy-4-(2-methtloctan-2-yl)phenyl[-7,7-

dimethyl-4-bicyclo[3.1.1]hept-3-enyl] methanol)

HU-331 ((3-hydroxy-2-[1R,6R)-3-methyl-6-(1-methylethenyl) cyclohexen-1-yl]-5-

pentyl-2,5-cyclohexadiene-1,4-dione)

CP 55,940 (2-[1R,2R,5R)-5-hydroxy-2-(3-hydroxypropyl) (cyclohexyl[-5-(2-

methyloctan-2-yl)phenol)

WIN 55,212-2 ((R)-(+)-[2,3-Dihydro-5-methyl-3-(4-morpholinylmethyl)pyrrolo

[1,2,3-de)-1,4-benzoxazin-6-yl]-1-nepthalenylmethanone)

RCS-4 ((4-methoxyphenyl)(1-pentyl-1-H-indol-3-yl)methanone)

RCS-8 (1-(1-(2-cyclohexylethyl)-1H-indol-3-yl)-2-(2-methoxyphenyl)enanone)

2. Synthetic stimulant means any compound that mimics the effects of any

federally controlled Schedule I substance such as cathinone,

methcathinone, MDMA and MDEA, including, but not limited to, any

quality of a natural or synthetic materials, compound, mixture,

preparation, substance and their analog (including salts, isomers, and

salts of isomers) containing substances which have a stimulant effect on

the nervous system, such as:

3-Fluoromethcathinone

4-Fluoromethcathinone (other name, fledphedrone)

3,4-Methylenedioxymethcathinone (other name, methylone, MDMC)

3,4-Methylenedioxypyrovalerone (other name, MDPV)

4-Methylmethcathinon (other names, mephedrone, 4-MMC)

4-Methoxymethcathinone (other names, Methedrone, bk-PMMA, PMMC)

4-Ethylmethcathinone (other name, 4-EMC)

Ethcathinone

Beta-keto-N-methylbenzodioxyolylpropylamine (other names, butylone, bk-MBDB)

Napthylpyrovalerone (other names, naphyrone, NRG-1)

N,N-dimethylcathinone (other name, metamfepramone)

Alpha-pyrrolidinopropiophenone (other name, alpha-PPP)

4-methoxy-alpha-pyrrolidinopropiophenone (other name, MOPPP)

3,4-methylenedioxy-alph-pyrrolidinopropiophenone (other name, MDPPP)

Alpha-pyrrolidinovalerophenone (other name, alpha-PVP)

6,7-kihydro-5H-indeno(5,6-d)-1-3-dioxal-6-amine) (other name, MDAI)

Any compound that is structurally derived from 2-amino-1-phenyl-1-propananone by

modification or substitution in any of the following ways:

in the phenyl ring to any extent with alkyl, alkoxy, alkylenedioxy, haloalkyl,

or halide substitutes, whether or not further substituted in the phenyl ring by

one or more other univalent substituents;

at a 3-position with an alkyl substituent;

at the nitrogen atom with alkyl, dialkyl, benzyl, or methoxybenzyl groups;

or by inclusion of the nitrogen atom in a cyclic structure.

3. Synthetic psychedelic/hallucinogen means any compound that mimics

the effects of any federally controlled Schedule I substance, including,

but not limited to, any quality of a natural or synthetic material,

compound, mixture, preparation, substance and their analog (including

salts, isomers, esters, ethers of salts of isomers) containing substances

which have a psychedelic/hallucinogenic effect on the central nervous

system and/or brain, such as:

2-(2,5-Dimethoxy-4-ethylphenyl)ethanamine (2C-E);

2-(2,5-dimethoxy-4-methylphenyl)ethanamine (2C-D);

2-(4-Chloro-2,5-dimethoxyphenyl) ethanamine (2C-C);

2-(4-Iodo-2,5-dimethoxyphenyl) ethanamine (2C-I);

2-(4-Ethylthio)-2,5-dimethoxyphenyl) ethanamine (2C-T-2);

2-(4-(Isopropylthio)-2,5-dimethoxyphenyl) ethanamine (2C-T-4)

2-(2,5-Dimethoxyphenly) ethanamine (2C-H);

2-(2,5-Dimethoxy-4-nitro-phenyl) ethanamine (2C-N)

2-(2,5-Dimethoxyl-4-(n)-propylphenyl) ethanamine (2C-P).

2. SALE PROHIBITED: It shall be unlawful for any person to sell, offer for sale,

or deliver a synthetic alternative drug within the corporate limits of the Village.

3. POSSESSION PROHIBITED: It shall be unlawful for any person to knowingly

possess a synthetic alternative drug within the corporate limits of the Village.

5. VIOLATION; PENALTY: Whoever violates any provision of this Section shall

be fined not less than $500 and not more than $1000 if the violation falls under

Section B.2, SALE PROHIBITED, and shall be fined not less than $200 and not

more than $500 if the violation falls under Section B.3, POSSESSION

PROHIBITED. Each day that a violation continues shall be considered a

separate offense.

C. DRUG PARAPHERNALIA

1. DEFINITIONS. For purposes of this Section, drug paraphernalia is defined in as

in 720 ILCS 600/2(d), as amended, and includes, but is not limited to:

a. Kits used, intended for use or designed for use in planting, propagating,

cultivating, growing or harvesting of any species of plant which is a

controlled substance or cannabis or from which a controlled substance or

cannabis can be derived;

b. Kits used, intended for use or designed for use in manufacturing,

compounding, converting, producing, processing or preparing controlled

substance or cannabis;

c. Isomerization devices used, intended for use or designed for use in

increasing the potency of any species of plant which is a controlled

substance or cannabis;

d. Testing equipment used, intended for use or signed for use in identifying,

or in analyzing the strength effectiveness or purity of controlled

substances or cannabis;

e. Scales and balances used, intended for use or designed for use in

weighing or measuring controlled sub stances or cannabis;

f. Diluents and adulterants, such as quinine hydrochloride, mannitol,

mannite, dextrose and lactose, used, intended for use or designed for use

in cutting controlled substances or cannabis;

g. Separation gins and sifters used, intended for use or designed for use in

removing twigs and seeds from, or in otherwise cleaning or refining

marijuana;

h. Blenders, bowls, containers, spoons and mixing devices used, intended

for use or designed for use in compounding controlled substances or

cannabis;

i. Capsules, balloons, envelopes and other containers used, intended for

use or designed for use in packaging small quantities of controlled

substances or cannabis;

j. Containers and other objects used, intended for use or designed for use in

storing or concealing controlled substances or cannabis;

k. Hypodermic syringes, needles and other objects used, or intended for

use, in parenterally injecting cannabis or controlled substances into the

human body;

l. Objects used, intended for use or designed for use in ingesting, inhaling

or otherwise introducing marijuana, cocaine, hashish oil into the human

body, such as:

i. Metal, wooden, acrylic, glass, stone, plastic or ceramic

pipes with or without screens, permanent screens,

hashish heads or punctured metal bowls;

ii. Water pipes;

iii. Carburization tubes and devices;

iv. Smoking and carburization masks;

v. Roach clips, meaning objects used to hold burning

material, such as a marijuana cigarette, that has become

too small or too short to be held in the hand;

vi. Chamber pipes;

vii. Carburetor pipes;

viii. Electric pipes;

ix. Air-driven pipes;

x. Chillums;

xi. Bongs; and

xii. Ice pipes or chillers.

2. In determining whether an object is drug paraphernalia, a court or other authority

should consider, in addition to all other logically relevant factors, the following:

a. Statements by an owner or by anyone in control of the object concerning

its use;

b. Prior convictions, if any, of an owner, or of anyone in control of the

object, under any state or federal law relating to any controlled

substances;

c. The proximity of the object, in time and space, to a direct violation of

this Section;

d. The proximity of the object to controlled substances;

e. The existence of any residue of controlled substances on the object;

f. Direct or circumstantial evidence of the intent of an owner, or of anyone

in control of the object, to deliver it to persons whom he knows, or

should reasonably know, intend to use the object to facilitate a violation

of this Section; the innocence of an owner, or of anyone in control of the

object, as to a direct violation of this Section, shall not prevent a finding

that the object is intended for use, or designed for use as drug

paraphernalia;

g. Instructions, oral or written, provided with the object concerning its use;

h. Descriptive materials accompanying the object which explain or depict

its use;

i. National and local advertising concerning its use;

j. The manner in which the object is displayed for sale;

k. Whether the owner, or anyone in control of the object, is a legitimate

supplier of like or related items to the community, such as a licensed

distributor or dealer of tobacco products;

l. Direct or circumstantial evidence of the ratio of sales of the object(s) to

the total sales of the business enterprise;

m. The existence and scope of legitimate uses for the object in the

community; and

n. Expert testimony concerning its “use.”

3. POSSESSION PROHIBITED: It shall be unlawful for any person to knowingly

possess any drug paraphernalia within the corporate limits of the Village.

4. MEDICAL USE OF CANNABIS: Notwithstanding the foregoing, it shall not be

unlawful for any individual to possess drug paraphernalia consistent with the

Compassionate Use of Medical Cannabis Pilot Program Act (410 ILCS 130/1 et

seq.), as amended, the terms of which are incorporated herein.

5. VIOLATION; PENALTY: Whoever violates any provision of this Section

43.25(c) shall be fined not less than $100 and not more than $200 if the drug

paraphernalia is seized during a violation of Section 43.25(a), otherwise the fine

shall be not less than $200 nor more than $500. Each day that a violation

continues shall be considered a separate offense.

SECTION 2: If any section, paragraph, subdivision, clause, sentence or provision of this

Ordinance shall be adjudged by any Court of competent jurisdiction to be invalid, such judgment shall

not affect, impair, invalidate or nullify the remainder thereof, which remainder shall remain and

continue in full force and effect.

SECTION 3: All ordinances or parts of ordinances in conflict herewith are hereby repealed to

the extent of such conflict.

SECTION 4: This Ordinance shall be in full force and effect upon its passage, approval and

publication in pamphlet form (which publication is hereby authorized) as provided by law.

ADOPTED this 13th

day of October, 2016, pursuant to a roll call vote as follows:

Ayes Nays Absent Abstain

Trustee Stephen Harlfinger

Trustee Ray Bogdanowski

Trustee Bob Huckins

Trustee Russell Ruzanski

Trustee Paula Yensen

Trustee Doug Cummings

President Paul Mulcahy

APPROVED THIS 13TH

DAY OF OCTOBER, 2016

Village President Paul Mulcahy

(SEAL)

ATTEST:

Village Clerk Denise L. Wasserman

Published:

AGENDA COVER SHEET

Date: October 11, 2016

Department: Police Department

Representative: Chief David Brey Action Required: Title: Dispatch Center Repair Payment Executive Summary: This past July, the dispatch center sustained damage from

a lightning strike in the area during a storm. The system was evaluated by Radicom and

damage to various electrical components was found. Radicom was given approval to

make the necessary repairs to the system, not to exceed $47,690.19. Radicom invoice

#102603, totaling $20,143.75, is the final repair invoice. Payments of $152.50 and

$603.75 were processed on Radicom invoices #102501 and #102511. The total repair

cost was $20,900. The damaged equipment impacted the radio systems redundancy,

which was operating on a single point of failure since the storm damage. Repairs made

returned the system to the pre-damage operating level with built-in redundancy. The

department is required to provide dispatch services for the village and remaining

contracted agencies until approximately July 1, 2017. A claim for the damage is pending

with IRMA.

Recommendation: Approve payment.

Expenditure of Funds: X Yes No

Amount: $ $20,143.75

Budgeted Amount: $ $0

Motion Contract/Agreement

Resolution X Approval of Payment

Ordinance Award of Bid/Purchase

Other

Radie om_ Business Communications Systems 2604 North Chapel Hill Road McHenry, Illinois 60051 815.385.4224 Voice 815.385.4368 Fax

Number:

Date:

Invoice 102603

9/6/2016

Bill-To Shio-To Source: SO No. 176133

Lake In The Hills Police Dept Attn: Bob Harper 1115 Crystal Lake Road Lake In The Hills, IL 60156-3398

Acct.No.

1039

AIR Cust. No, ~

Lake In The Hil LAKE! 51

Customer PO Refer;nce

Garage

Attn: Bob Harper Lake In The Hills Police Dept 1115 Crystal Lake Road Lake In The Hills, IL 60156-3398

SalesRco Ship Via

Marie A. Junkunc

Terms

Upon Receipt

07/22/2016 09:00 AM by Jim E. Knollman: Tested and verified the PD2 Repeater equipment at Larkspur tower site was functioning properly. Found issues to be caused by the Tl path down between Larkspur and the PD.

07122/2016 12:30 PM by Jim E. Knollman : Upon further investigation it was determined that both microwave links at the 2 E Oak tower site were down. The equipment for both microwave links at this location appears to have been lightening damaged. Both radios will not power up when tested with a known good POE unit, and the 2 damaged POE units will not power up a known good radio.

07/22/2016 05:00 PM by Jim E. Knollman: In order to restore dispatch functionality of the PD2 repeater equipment, The radio equipment was re~routed to use an alternate Tl path between Larkspur and Oakleaf to get back to the PD. This will be temporary until the damaged paths are restored.

7 /26 Approval to order replacement parts. 8/1 Parts ordered. CHH. cK -lo fQ? 08/11/2016 02:00 PM by Jim E. Knollman : Reprogrammed 2 Exalt radios for the replacement radios to be installed at the TWR site.

08/11/2016 04:30 PM by Rick Wolf: Pre-set the berg jumpers and potentiometers on three new TRHI modules SN:236131, 236132 and 236135. Ready for installation.

08/12/2016 10:30 AM by Rick Wolf: Installed the three new TRHI modules on the left side for each of the three console position. Set the levels to mimic the existing units. 08/15/2016 l 0:00 AM by Scott Runyard : Replaced exhalt units on preschool tower. Replaced ALPU lightning protection, and PO E's. Units are up and running at this time.

Qty. Item ID Description UOM Ea. Price Total

1.00 *Comment* EXPIDITE ! Customer has a link down and is $0.00 $0.00 missing services.

3 950-9439 lnterface,Telephone/Radio Headset EA $950.00 $2,850.00

3 Serial Numbers have been assigned 236131 236132 236135

3.00 Discount 10 Discount allowed (Materials) EA ($40.00) ($120.00)

8 ALPU-PTP-M Protector, POE, Cat6, Outdoor EA $195.00 $1,560.00

1.00 *Comment* NOTE: All items below are made by Exalt, and $0.00 $0.00 can be sourced through distributers.

Et8F041-1560Hl Explore air 18 GHZ 19.26-19.7 lOOOBaseT EA $5,495.00 $5,495.00 lOOmbps+ 4Tl 's

Serial Number: PE37150882 El8F041-1560LI Explore air 18 GHZ 17. 7 -18.14 lOOOBase T EA $5,495.00 $5,495.00

lOOmbps+ 4Tl's

lnvoice.rpt, Printed: 9/612016 2:22:26PM (* denotes repair item) RI0.5.2 Page 1 of2

Business Communications Systems 2604 North Chapel Hill Road McHenry , Illinois 60051 815.385.4224 Voice 815.385.4368 Fax

AIR Cust. No. ~ Customer PO

Number:

Date:

Reference Sa!cs Rco ShiP Via Acct. No.

1039 Lake In The Hil LAKE151 Garage Marie A. Junkunc

Qty. Item ID

Serial Number: PE37150884 2 A204789

2 K02Kxxxx41

21.00 LaborPWR

1.50 Labor20RE

3.00 Labor20R

lnvoice.rpt, Printed: 9/6/2016 2:22:26PM

Description

Power Supply, PoE, Exalt, ExploreAir, AC power kit, 72w Upgrade Keyl00-200Mbps Explore Air Licensed

Labor Repair Radio at PW

Labor, Emergency I After Hours

Labor Repair Radio Service

(* denotes repair Item)

UOM

EA

EA HR HR HR

Ea. Price

$195.00

$750.00

$115.00

$172.50

$100.00

It.em Total:

Sales Tax:

Total Amount Due:

Rl0.5.2

Ierms

Invoice 102603

91612016

Upon Receipt

Total

$390.00

$1,500.00

$2,415.00

$258.75

$300.00

$20,143.75

$0.00

$20,143.75

Page 2 of2

AUG 212016

815.385.4368 Fax

Number:

Date:

Invoice 102501 8/17/2016

Bill-To Ship-To Source: SO No. 176217

Lake In The Hills Police Dept Attn: Bob Harper 1115 Crystal Lake Road Lake In The Hills, IL 60156-3398

Acct No. AIR Cust. No. ~ Customer PO

1039 Lake In The Hil LAKEISI

Reference

Attn: Bob Harper Lake In The Hills Police Dept 1115 Crystal Lake Road Lake In The Hills, IL 60156-3398

Sales Rep ShipVja

Mark A. Junkunc

Customer called to report that on Console position 2 there is a "buzz" in the telephone audio.

Tenns

lf Pon Receipt

8/10/16: Traveled to customer location. Verified complaint: They are training a new dispatcher using Console 2. When he joins a pre-existing telephone call there is a slight buzz in the telephone audio. The problem does not happen if Console 1or3 join an existing call. Isolated the Plant/Vesta 9-1-1 system from the Zetron Console by unplugging the two Call Director cables from the Zetron TRHI headset interface jack boxes. When a call was joined by Console 2 (with the headset plugged directly into the Vesta headset jackbox) the buzz was still present. I suspect that the lightning strike from last month (7 /22/16) may have damaged something in the Position's 9-1-1 equipment. The customer will contact McHenry Co ETSB to have the 9-1-1 system serviced.

Qty. Item ID Description UOM Ea. Price Total

0.50 LaborPWR Labor Repair Radio at PW HR $115.00 $57.50

1.00 MobZone3 Mobilization 3 HR $95.00 $95.00

Item Total: $152.50 Sales Tax: $0.00

Total Amount Due: $152.50

Invoice.rpt, Printed: 8/1712016 12:03:40PM (* deoous repair item) RI0.5.2 Page I of 1

~ e ·S I 1' ~ ~ !..nke in the Hiiis <)

815.385.4368 Fax

Invoice 102511 8117/2016

Bill-To Ship-To Source: SO No. 176125

Lake In The Hills Police Dept Attn: Bob Harper 1115 Crystal Lake Road Lake In The Hills, IL 60156-3398

Acct. No. AIRCust. No. ~ CustorocrPO

1039 Lake In The Hil LAKE 151

Reference

Attn: Bob Harper Lake In The Hills Police Dept 1115 Crystal Lake Road Lake In The Hills, IL 60156-3398

Sales Rep Shjp Via

Marie A. Junkunc

Tcnns

Upon Receipt

Dispatch had a lightning strike which has damaged Console 3 and Console 1 (very low TX audio and 9-1-1 Telephone audio bad. Console 2 is operational but the audio is low. They also have channel failures for !REACH and Starcom21 on the consoles.

7/21/16: Emergency After-Hours Service: Dispatched at 9:30 PM. Upon arrival Zetron Consoles 3 and 1 were not transmitting properly and the telephone audio was very low. The customer was on 9-1-1 Bypass. Console 2 was operational but the TX audio was low and distorted. Console 3: Reset the 4217 and CIC (PC had been rebooted). Upon initial PTT the PTT light on the right TRHI would stay ignited. Traced issue to bad left side TRHI. After removal of the defective TRHI the console TX and RX audios tested good. Console 1: Same problem was experienced as with console 3. Removed the damaged left side TRHI to correct the audio problems. Console 2: Reset the 4217 and CIC board - audio levels then appeared to be good. In the Central Electronics cabinet there was a failure light on the DTL in slot 6 for IREACH and Starcom2 l. Pulled the board and reset it. Retested it's operation • good. At this point the Vesta 9-1-1 system had been tested on the adrnin lines and was working correctly. Switched the 9-1-1 Transfer switches to go off of bypass and ran several test 9-1-1 calls - all were good. Notified McHenry that LITH was taking their own 9-1-1 calls again.

The POI channel was operational but the PD2 was not transmitting. They were also receiving intermittent "beeps" on both of the PDl and PD2 systems. Upon inspection of the Voters it was found that the beeps were momentary unkeys on the Althoff and Larkspur Satellite receiver sites. The RAD FCD-IP Tl Multiplexors LITH3 and LITH4 were in RED alarm although the audio output from the E&M circuits is still operational (Voter sites were not in fail). I suspect the microwave hops are causing the issue and the "beeps" are caused by frame slips in the Tl. I disabled the Larkspur and Althoff sites (from the console) for both PDl and PD2 to stop the intermittent "beeps" and key-ups. I told the dispatchers that if they had trouble receiving the officers they could re~enable the sites on PD 1 system but they would have the beeps return.

Further repairs to the systems will be performed on another Service Order.

While on site I also noticed the Spectra-Com Netclock had "RED" indicators for the lock and sync. I believe the GPS is out of satellite lock.

Qty. Item ID Description UOM Ea. Price Total

3.50 Labor20RE. Labor, Emergency J After Hours HR $172.50 $603.75

Item Total: $603.75

Sales Tax: $0.00

Total Amount Due: $603.75

Invoice.rpt, Printed: 8117/2016 12:53:40PM (* denotes repair item) Rl0.5.2 Page I of I

AGENDA COVER SHEET

Date: October 13, 2016

Department: Public Works

Representative: Fred Mullard

Action Required: Title: Surplus Equipment Declaration Executive Summary: The Illinois Municipal Code requires adoption of a formal ordinance to dispose of surplus Village property. It has been determined that the items listed in Exhibit A are no longer necessary or useful to the Village. In order to allow for their disposal or sale, the attached ordinance declares the property as surplus. Recommendation: The Board of Trustees adopts the attached ordinance declaring certain property as surplus.

Expenditure of Funds: Yes X No

Amount: $ N/A

Budgeted Amount: $ N/A

Motion Contract/Agreement

Resolution Approval of Payment

X Ordinance Award of Bid/Purchase

Other

VILLAGE OF LAKE IN THE HILLS

ORDINANCE NO. 2016-______

An Ordinance Authorizing the Disposal of Surplus Property

Owned by the Village of Lake in the Hills

WHEREAS, the Village of Lake in the Hills, McHenry County,

Illinois, is a home rule municipality as contemplated under

Article VII, Section 6, of the Constitution of the State of

Illinois, and the passage of this Ordinance constitutes an

exercise of the Village's home rule powers and functions as

granted in the Constitution of the State of Illinois.

WHEREAS, the Village of Lake in the Hills is authorized to

sell or otherwise dispose of personal property pursuant to

Section 11-76-4 of the Illinois Municipal Code, 65 ILCS 5/11-

76-4; and

WHEREAS, in the opinion of the President and Board of

Trustees, it is no longer necessary, useful, or for the best

interests of the Village to retain the property now owned by it

and described in Exhibit A, attached hereto and by this

reference incorporated herein and made a part hereof (the

“Surplus Property”);

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

of Trustees of the Village of Lake in the Hills, McHenry

County, Illinois, as follows:

SECTION 1: Recitals. The foregoing recitals are hereby

incorporated into this ordinance as finding of the President

and Board of Trustees.

SECTION 2: Declaration of Surplus Property. The

President and Board of Trustees hereby find and determine that

the surplus property is no longer necessary or useful to the

Village and the best interests of the Village will be served by

its sale or disposal.

SECTION 3: Authorization to sell or otherwise dispose

of surplus property. The Village Administrator is hereby

authorized to sell or otherwise dispose of the surplus property

in such a manner as the Village Administrator shall determine

is in the best interest of the Village.

SECTION 4: Effective Date. This ordinance shall be in

full force and effect from and after its passage, approval, and

publication in pamphlet for in the manner provided by law.

Passed this 13th day of October, 2016 by roll call vote as

follows:

Ayes Nays Absent Abstain

Trustee Stephen Harlfinger _ _____

Trustee Ray Bogdanowski _ _____

Trustee Bob Huckins ____ _____ _____ _____

Trustee Russ Ruzanski ____ _____ _____ _____

Trustee Paula Yensen ____ _____ _____ _____

Trustee Doug Cummings _ _ _____

President Paul Mulcahy _ _ _____

APPROVED THIS 13th DAY OF OCTOBER, 2016

__________________________________

Village President, Paul Mulcahy

(SEAL)

ATTEST: ______ _____

Village Clerk, Denise L. Wasserman

Published: ________________________________

Village of Lake in the Hills Surplus List Exhibit A

October 13, 2016

Quantity Item Description/Model/Asset Tag

Number Identification Number(s)

1. 2 Airdale mini split AC units

2. 1 Carrier AC Unit Model Number 58GA100-2

3. 1 Modine hanging heater PV100SE0130

4. 1 Dell XP Professional 0T7570

5. 3 Patriot front prisoner partition

6. 3 Pro-Gard rear cargo area partition 485-05wdt

7. 2 Panasonic Security Camera Model Number WV-CW4745

8. 2 Philips LTC 1162/20 Security Camera 12NC 8960 116 22001

9. 2 Sanyo 4X Security Camera VDC-C1024V

10. 9 Numetrics Traffic Counter Model NC-97

Serial Numbers 3065876-418,0098217-418, 3065877-418, 3065863-418,

3065875-418, 2094172-418, 3065880-418, 9104939-418, 3065861-418

Village of Lake in the Hills

Surplus Declaration Photos October 13, 2016

1. Dell XP Professional

2. Patriot front prisoner partition

3. Pro-Gard rear cargo area partition

4. Panasonic Security Camera

5. Philips LTC 1162/20 Security Camera

6. Sanyo 4X Security Camera

7. Numetrics Traffic Counter

AGENDA COVER SHEET

Date: October 11, 2016

Department: Finance

Representative: Shane D. Johnson Action Required: Title: Ordinance – Amending Chapter 34, Occupation and Other Taxes, of the Lake in the Hills Municipal Code. Executive Summary: The attached proposed Ordinance amends Chapter 34 with the establishment of an Amusement Tax. Due to the maturation of our community, changes in state statute and other impacts, various revenue sources the Village has historically relied on to achieve goals and support operations have grown stagnant or are showing decline. Others have or are being eliminated entirely. In 2016, the Village eliminated its remaining red light camera resulting in a loss of approximately $90,000 in annual General Fund revenue. Dispatch consolidation, once complete, will result in a loss of approximately $310,000 in annual revenue to the General Fund. These sources of revenue have been one of the ways in which the Village Board has been able to levy a flat, or reduced, property tax for the past six consecutive years, with a seventh year planned for this year’s levy. Staff has proactively investigated various replacement revenue opportunities and is proposing the establishment of an Amusement Tax effective January 1, 2017. It is anticipated, conservatively, that the Village would receive approximately $200,000 in revenue during FY2017. This tax would apply to various forms of non-participative activities from which the Village does not currently receive sales or other tax revenue from, such as admission to a motion picture show. These types of activities are generally discretionary for consumers and tend to draw the attendance of both residents and visitors to the community. The attached ordinance establishes an Amusement Tax. A summary of the ordinance follows:

Motion Contract/Agreement

Resolution Approval of Payment

x Ordinance Award of Bid/Purchase

Other

Summary of Amusement Tax Ordinance

Effective Date: January 1, 2017 Exempt Entities: Religious, charitable, labor, fraternal,

educational, veterans’, not-for-profit persons or organizations, park districts, school districts, or any unit of local government.

Tax: The Tax is applied to the gross receipts for all

amusement activities. The amount of the tax is five-percent (5%) and is placed on the business owner which provides amusement activities, who may pass the tax along to consumers.

Gross receipts includes all fees or charges

collected for witnessing any amusement; this would include all admission fees, membership fees, use charges, cover charges, or service charges.

Items Included: The Amusement Tax applies to amusements

and entertainment that are non-participative – meaning the patron does not participate; the amusement is exhibitive in nature, meaning it is viewed in exchange for a payment of a fee or an admissions charge.

Commission: The entity may keep a commission of one-

percent (1%) of taxes due to reimburse for expenses incurred in the administration of the tax if taxes are remitted on time.

Payments Due: By the 20th of each month following the

preceding calendar month. Amusement Tax must be remitted on the monthly tax remittance form which requires an attestation the tax remitted is true and correct. The Village also retains the right to audit the books of any business subject to this tax as outline in the municipal code.

Penalties and Interest: If taxes are received after the 20th of the month

a 5% late payment penalty fee is applied in addition to a 1.5% interest charge for each month payment is not received.

Recommendation: The Board of Trustees adopt the attached ordinance establishing an Amusement Tax effective January 1, 2017.

Expenditure of Funds: Yes X No

Amount: $

Budgeted Amount: $

VILLAGE OF LAKE IN THE HILLS

ORDINANCE NO. 2016- ___

An Ordinance Amending Chapter 34, Adding Section 34.11,

Establishment of an Amusement Tax,

of the Lake in the Hills Municipal Code

WHEREAS, the Village of Lake in the Hills (“Village”) is a

home rule municipality in accordance with Article VII of the

Constitution of the State of Illinois of 1970; and

WHEREAS, the Village has the authority to adopt ordinances

and to promulgate rules and regulations that pertain to its

government and affairs that protect the health, safety and

welfare of the citizens; and

WHEREAS, the Village, through its President and Board of

Trustees, after due deliberation and consideration, and pursuant

to its home rule authority and, additionally, the authority

granted to all municipalities pursuant to 65 ILCS 5/11-42-5,

desires to impose a tax upon “amusements” as that word is

defined in this Ordinance in accordance with the terms hereof.

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

of Trustees of the Village of Lake in the Hills, McHenry County,

Illinois, as follows:

SECTION 1: The facts and statements contained in the

preamble to this Ordinance are found to be true and correct and

are hereby adopted as part of this Ordinance.

SECTION 2: A new section is hereby created to the Municipal

Code, Chapter 34, Section 34.11 “Amusement Tax”, which states as

follows:

34.11 AMUSEMENT TAX

A. DEFINITIONS

1. “Amusement” means any theatrical, dramatic, musical or

spectator performance, or motion picture show conducted

or exhibited at an establishment engaged in providing

amusements or entertainment as a commercial business for

a fee or admission charge within the corporate limits of

the Village of Lake in the Hills.

2. “Person” means any person, trustee, receiver,

administrator, executor, conservator, assignee, trust in

perpetuity, trust, estate, firm, , partnership, co-

partnership, joint venture, club, company, business

trust, domestic or foreign corporation, association,

syndicate, society, or any group of individuals acting as

a unit, whether mutual, cooperative, or otherwise.

Whenever the term “Person” is used in any clause

prescribing and imposing a penalty, the term as applied

to associations shall mean the owners or part-owners

thereof, and as applied to corporations, the officers

thereof.

B. TAX IMPOSED: A tax is hereby imposed upon all persons

operating amusements within the corporate limits of the village,

and upon all persons operating places which provide amusements

within the corporate limits of the village, in an amount equal

to five percent (5%) of all gross receipts for each amusement.

Said taxes shall be in addition to all other taxes imposed by

law.

Gross receipts means all fees or charges received or

collected in the form of admission fees or other charges for

admission to and/or for the use or rental of any amusement for

the purposes of witnessing or utilizing any amusement regardless

of whether such fees or charges are characterized as admission

fees, membership fees, use charges, rent, rental or service

charges, exclusive of any tax imposed by the United States

government, State of Illinois, the village or any other

governmental unit.

Any person subject to the amusement tax imposed herein may

separately itemize and charge to patrons in addition to any

admission fee or other charge, the amount of amusement tax

attributable to such admission fee or other charge. In the

event the tax imposed by this section is not shown or collected

as a separate charge, all admission fees or other charges shall

be deemed exclusive of the amusement tax specified hereinabove.

C. EXEMPTIONS: The tax described in Section B, above,

shall not be applicable to any Amusement shown, exhibited or

staged by the following entities: religious, charitable, labor,

fraternal, educational, veterans’, 501(c) not-for-profit persons

or organizations, park districts, school districts, or any unit

of local government.

D. BOOKS AND RECORDS; INSPECTIONS; CONTENTS: The Village

Finance Director or any person designated by the Finance

Director as their respective deputy or representative, may enter

the premises of any place which provides amusements for

inspection, examination, copying and auditing of books and

records including, but not limited to, Illinois Retailers’

Occupation Tax and Illinois Service Occupation Tax returns filed

with the Illinois Department of Revenue, in order to effectuate

the proper administration of this ordinance and to assure the

enforcement of the collection of the tax imposed by this

ordinance. To the extent reasonably possible, said entry shall

be done in a manner that is least disruptive to the business of

the place providing amusements. It shall be unlawful for any

person to prevent, hinder, or interfere with the Village Finance

Director or their duly designated deputies or representatives in

the discharge of their respective duties in the performance of

this subsection. It shall be the duty of every owner of a place

which provides amusements to keep accurate and complete books

and records to which the Village Finance Director or their

respective deputies or representatives shall at all times have

full access, which records shall include a daily sheet showing

the amount of gross receipts received during that day.

E. TRANSMITTAL OF TAX REVENUE BY OWNER: The owner or

owners of each place which provides amusements shall file tax

returns showing the gross receipts received during each calendar

month period upon forms prescribed by the Village Finance

Director. Returns for each calendar month shall be due on or

before the 20th day of the next calendar month, (e.g. the return

for January shall be due on or before the 20th day of February;

the return for February shall be due on or before the 20th day of

March; etc.).

F. COMMISSION: Owners filing tax returns pursuant to

Section 5 shall, at the time of filing such return, pay to the

village the amount of the tax imposed by this ordinance, less a

commission of one (1%) percent of the amount of the tax, which

is allowed to reimburse the owners for the expense incurred in

keeping records, billing, preparing and filing returns,

remitting the tax and supplying data to the village upon

request. No commission may be claimed by an owner for taxes not

timely remitted to the village.

G. INTEREST AND PENALTIES: If, for any reason, any tax

due pursuant to this ordinance is not paid when due, a penalty

of five percent (5%) of the tax will be imposed. In addition,

interest shall accumulate and be due upon said tax at the rate

of one and a half percent (1.5%) per month commencing as of the

first day of the month following the month for which the tax was

to have been collected.

H. The obligation to pay the tax as herein described

shall commence for each and every Amusement produced, presented,

or conducted or otherwise shown within the Village of Lake in

the Hills commencing on the first day of January 1, 2017.

SECTION 3. If any section, paragraph, subdivision,

clause, sentence or provision of this Ordinance shall be

adjudged by any Court of competent jurisdiction to be invalid,

such judgment shall not affect, impair, invalidate or nullify

the remainder thereof, which remainder shall remain and continue

in full force and effect.

SECTION 4. All ordinances or parts of ordinances in

conflict herewith are hereby repealed to the extent of such

conflict.

SECTION 5. This Ordinance shall be in full force and

effect upon its passage, approval and publication in pamphlet

form (which publication is hereby authorized) as provided by

law.

Passed this 13th day of October, 2016 by roll call vote as

follows:

Ayes Nays Absent Abstain

Trustee Stephen Harlfinger _ _____

Trustee Ray Bogdanowski _ _____

Trustee Bob Huckins ____ _____ _____ _____

Trustee Russ Ruzanski ____ _____ _____ _____

Trustee Paula Yensen ____ _____ _____ _____

Trustee Doug Cummings ____ _____ _____ _____

President Paul Mulcahy _ _ _____

APPROVED THIS 13TH DAY OF OCTOBER, 2016

__________________________________

Village President, Paul Mulcahy

(SEAL)

ATTEST: ______ _____

Village Clerk, Denise L. Wasserman

Published:________________________________