HomeMy WebLinkAboutMinutes - 02/24/2026 - Board of TrusteesBoard of Trustees Minutes Page 1 of 5 Regular Meeting of February 24, 2026
MINUTES OF THE FEBRUARY 24, 2026 REGULAR
MEETING OF THE PRESIDENT AND BOARD OF
TRUSTEES OF THE VILLAGE OF OAK BROOK
APPROVED AS WRITTEN ON
MARCH 10, 2024
1. CALL TO ORDER
The Regular Meeting of the Village Board of Trustees was called to order by President Laurence E. Herman
in the Samuel E. Dean Boardroom of the Butler Government Center at 7:00 p.m. The Pledge of Allegiance
was recited.
2. ROLL CALL
Clerk Netasha Scarpiniti called the roll:
PRESENT: Trustees Naveen Jain, Michael Manzo, Melissa Martin, James Nagle, A. Suresh Reddy, Edward
Tiesenga and President Laurence E. Herman
VIA ZOOM: None
ABSENT: None
IN ATTENDANCE: Village Manager Greg Summers, Information Technology Director Tom Gilbert,
Police Chief Brian Strockis, Public Works Director Tim O'Malley, Head Librarian Jacob Post, Fire Chief
Kevin Fleege, Development Services Director Rebecca Von Drasek, Sports Core Director Art Segura, and
Village Attorney Michael Castaldo Jr.
3. PRESIDENT’S OPENING COMMENTS
President Herman noted the start of Ramadan Mubarak, Lent and Holi, extending well wishes in
recognition of these significant religious observances. He provided updates on the Bath & Tennis Club
membership registration and discussed the non-resident member waitlist.
4. PUBLIC COMMENTS
Tely Nagle: Bath & Tennis Clubhouse
David Franks: Police Misconduct
5. APPROVAL OF MINUTES
A. Regular Board of Trustees Meeting Minutes of January 27, 2026
MOTION: To Approve Regular Board of Trustees Meeting Minutes of January 27, 2026
Motioned: Trustee Tiesenga
Seconded: Trustee Manzo
VOICE VOTE: Passed
6. CONSENT AGENDA
A. Accounts Payable for Period Ending: February 4, 2026 - $630,377.79
Accounts Payable for Period Ending: February 18, 2026 - $1,059,956.13
1. LEGAL SERVICES:
a) Ottosen DiNolfo Hasenbalg & Castaldo, Ltd. - Legal Services - December 2025 -
19,315.00 (FY2025 YTD - $344,689.18)
Board of Trustees Minutes Page 2 of 5 Regular Meeting of February 24, 2026
b) Lamp Law LLC - Legal Services - January 2026 - $3,333.33 (FY2026 YTD - $3,333.33)
c) Clark Baird Smith LLP - Legal Services - January 2026 - $783.00 (FY2026 YTD - $783.00)
d) Croke Fairchild Duarte & Beres - Legal Services - January 2026 - $76,697.50 (FY2026
YTD - $76,697.50)
TOTAL LEGAL BUDGET FOR 2025 - $325,287.96
TOTAL LEGAL BILLS PAID FOR 2025 - YTD - $664,157.30
TOTAL LEGAL BUDGET FOR 2026 - $838,399.96
TOTAL LEGAL BILLS PAID FOR 2026 - YTD - $80,813.83
2. Axon Enterprise Inc. - Report Management System - $299,268.29
3. DuPage Convention and Visitor Bureau - Q4 2025 - 25% Of 1% Hotel Tax - $38,865.63
4. Era Valdivia Contractors, Inc. - Oak Brook Reservoir A&B Repair - $21,455.60
5. Du-Comm - Alarm Monitoring - Q4 2025 - $22,237.96
6. Du-Comm - Quarterly Shares Police Department - 2/1/26 - 4/30/26 - $137,224.75
7. Kaplan Liquid Solutions - Brine Maker - $32,250.50
8. Axon Enterprise Inc. - Report Management System - $85,620.00
9. Du-Comm - Quarterly Shares Fire Department - 2/1/26 - 4/30/26 - $37,786.75
10. DuPage Water Commission - Water Consumption - January 2026 - $359,281.00
B. Approval of Payroll Paydate: February 5, 2026 - $975,267.86
February 19, 2026 - $967,880.73
C. Village of Oak Brook – Monthly Financial Reports - January 2026
D. Authorization to Seek Bids or Proposals or Negotiate Contracts:
1. Sports Core Commodities
2. Authorization to Seek Bids - 2026 Streets Improvement Project
E. Development Services Referrals
1. 1901 22nd Street – Costco – Side and Rear Yard Setback Variations
2. 50 Timber Trail Drive – Final Plat of Consolidation
Clerk Scarpiniti read the Consent Agenda.
MOTION: Motion to Approve the Consent Agenda and Authorize the expenditures as Presented.
Motioned: Trustee Reddy
Seconded: Trustee Martin
Board of Trustees Minutes Page 3 of 5 Regular Meeting of February 24, 2026
ROLL CALL VOTE:
Ayes: 6 Trustees Jain, Manzo, Martin, Nagle, Reddy, Tiesenga
Nays: 0 None
Abstain: 0 None
Absent: 0 None
Motion Passed
7. ITEMS REMOVED FROM CONSENT AGENDA
None
8. ACTIVE BUSINESS
A. Ordinances & Resolutions
1. Resolution R-2346, A Resolution to Waive Competitive Bidding and Authorize Staff to Issue a
Purchase Order to Flowpoint Environmental Systems, Inc., for the Purchase of a Bulk Water Fill
Station.
Public Works Director O'Malley presented the Resolution.
MOTION: Resolution R-2346, A Resolution to Waive Competitive Bidding and Authorize
Staff to Issue a Purchase Order to Flowpoint Environmental Systems, Inc., for the Purchase
of a Bulk Water Fill Station.
Motioned: Trustee Reddy
Seconded: Trustee Martin
ROLL CALL VOTE:
Ayes: 6 Trustees Jain, Manzo, Martin, Nagle, Reddy, Tiesenga
Nays: 0 None
Abstain: 0 None
Absent: 0 None
Motion Passed
2. Resolution R-2348, A Resolution to Waive Competitive Bidding and Approve the Award of
Contract to Trane, US, INC., of Willowbrook, IL for the Butler Government Center and the Oak
Brook Public Library HVAC Building Automation Systems Service Agreement
Public Works Director O'Malley presented the Resolution.
MOTION: Resolution R-2348, A Resolution to Waive Competitive Bidding and Approve the
Award of Contract to Trane, US, INC., of Willowbrook, IL for the Butler Government
Center and the Oak Brook Public Library HVAC Building Automation Systems Service
Agreement
Motioned: Trustee Tiesenga
Seconded: Trustee Martin
Board of Trustees Minutes Page 4 of 5 Regular Meeting of February 24, 2026
ROLL CALL VOTE:
Ayes: 6 Trustees Jain, Manzo, Martin, Nagle, Reddy, Tiesenga
Nays: 0 None
Abstain: 0 None
Absent: 0 None
Motion Passed
3. Resolution R-2340, A Resolution Approving and Authorizing the Execution of the TrackMan
Range Agreement to Purchase TrackMan Range Technology
Sports Core Director Segura presented the Resolution.
MOTION: Resolution R-2340, A Resolution Approving and Authorizing the Execution of
the TrackMan Range Agreement to Purchase TrackMan Range Technology
Motioned: Trustee Martin
Seconded: Trustee Manzo
ROLL CALL VOTE:
Ayes: 6 Trustees Jain, Manzo, Martin, Nagle, Reddy, Tiesenga
Nays: 0 None
Abstain: 0 None
Absent: 0 None
Motion Passed
4. Ordinance G-1283, An Ordinance Amending the Village of Oak Brook Code of Ordinances, as
Amended, Title 4, Chapter 1, Section 8A to Decrease the Number of Authorized Class A-1 Liquor
Licenses By One to Forty-Three for Wonderverse, Increase the Number of Authorized Class B
Liquor Licenses By One to Twenty for Purple Pig and Decrease the Number of Authorized Class
M Liquor License By Three to Zero for OB Park District, Tasty Catering and Mayslake
Trustee Nagle recused himself from the item and left the room.
President Herman presented the Ordinance.
MOTION: Ordinance G-1283, An Ordinance Amending the Village of Oak Brook Code of
Ordinances, as Amended, Title 4, Chapter 1, Section 8A to Decrease the Number of
Authorized Class A-1 Liquor Licenses By One to Forty-Three for Wonderverse, Increase
the Number of Authorized Class B Liquor Licenses By One to Twenty for Purple Pig and
Decrease the Number of Authorized Class M Liquor License By Three to Zero for OB Park
District, Tasty Catering and Mayslake
Motioned: Trustee Reddy
Seconded: Trustee Martin
ROLL CALL VOTE:
Ayes: 5 Trustees Jain, Manzo, Martin, Reddy, Tiesenga
Nays: 0 None
Abstain: 0 None
Absent: 0 None
Recuse 1 Trustee Nagle
Board of Trustees Minutes Page 5 of 5 Regular Meeting of February 24, 2026
Motion Passed
5.Resolution R-2350, A Resolution Appointing Representatives to the Intergovernmental Risk
Management Agency (IRMA)
Village Manager Summers presented the Resolution.
MOTION: Resolution R-2350, A Resolution Appointing Representatives to the
Intergovernmental Risk Management Agency (IRMA)
Motioned: Trustee Martin
Seconded: Trustee Manzo
ROLL CALL VOTE:
Ayes: 6 Trustees Jain, Manzo, Martin, Nagle, Reddy, Tiesenga
Nays: 0 None
Abstain: 0 None
Absent: 0 None
Motion Passed
B.Trustee Initiative Discussion Requested by Trustees Nagle, Tiesenga, and Jain
President Herman introduced the Trustee initiative discussion brought forth by Trustees Nagle,
Tiesenga and Jain regarding Chic Chef’s Background and Potential Malfeasance of a Trustee.
Included in these Minutes are records prepared by Trustee Nagle and distributed to the Board.
9.BOARD UPDATES
Trustees Jain, Nagle, Reddy, Martin, Manzo and Tiesenga addressed the public.
10.ADJOURNMENT
MOTION: Motion to Adjourn Regular Board of Trustees at 8:30 p.m.
Motioned: Trustee Reddy
Seconded: Trustee Martin
ROLL CALL VOTE:
Ayes: 6 Trustees Jain, Manzo, Martin, Nagle, Reddy, Tiesenga
Nays: 0 None
Abstain: 0 None
Absent: 0 None
Motion Passed
ATTEST:
Netasha Scarpiniti
Village Clerk
s/ Netasha Scarpiniti
Village of Oak Brook - Board of Trustees
Re: Bath and Tennis Club / Sports Core
This written statement is submitted for inclusion in the record to clearly and
accurately memorialize my position, objections, and actions conceming the
Bath and Tennis Club licensing arrangement and related litigation. My purpose
in submitting this statement is twofold: (1) to protect the Village by ensuring
material legal and procedural concerns are fully documented, and (2) to
formally disassociate myself from actions I believe may expose individual
trustees and the Board as a whole to personal and institutional liability.
The Sports Core was conveyed to the Village of Oak Brook subject to explicit
deed restrictions against privatization. At the time the initial licensing
arrangement was approved, the deed and its restrictions were not provided to
the full Board. Thereafter, efforts were undertaken to convert a short-term
license into a long- term arrangement without a public bidding process,
without fuIl disclosure to the Board, and without adherence to established
Village practices goveming review of petitioners and proposed uses of public
properry. It is unprecedented in the Village's history and extremely
troubling that a petitioner was permitted to proceed without testirying or
answering questions from trustees. When trustees, as a matter of right,
attempted to question the petitioner, those efforts were disallowed. This
constituted a material departure from long-standing procedures and deprived
the Board of information necessary to exercise independent judgment and
fulfill their duties under Illinois law.
It has since been acknowledged that senior Village staff engaged in more than
seventy meetings or communications with the petitioner. Additionally,
material information concerning the petitioner's financial background, civil
litigation history, and criminal record was not disclosed to the Board prior to
votes on the matter, despite the relevance of such information to any
long-term arrangement involving tax-exempt public land. (See Group Exhibit
A -NEW CHICAGO STATE CUKRENCY EXCHANGE VS. CHIC CHEF
CHICAGO, INC., RAI/INDRA JAYARA verified Complaint and Certified
Demand Letter). (See Group Exhibit B Cavalry Portfulio Services, LLC v.
Ravi Jayara a/Ha Ravindra Jayara - Citation to Discover Assets to Third
Partv Wages, Satisfaction and Release of Judgment).
Further, based on public records, there exist documented inconsistencres
raising serious disclosure and public integrity concems. Records from the
Illinois Secretary of State, identify Trustee Michael Manzo as holding
ownership interests in a limited liability company owning commercial real
estate (See Group Exhibit D - Sub Exhibits I -9). Daily Herald Articles
from March 25,2020, March 27,2020 and August 31,2021and Village of
Schaumburg's Zoning Board of Appeals minutes from July 29, 2020 also
confirm Manzo's ownership. (See Group Exhibit E). Records from the Cook
County and DuPage County Recorders of Deeds reflect two loans issued on
2113125 and 2ll4l25 totaling $9.6 million issued shortly before the relevant
Village vote, secured by those properties (See Group Exhibit D - sub
exhibits 2 and 5). These facts are inconsistent with Trustee Manzo's certified
Statement of Economic Interest filed on 4128/2025) which did not disclose
ownership of any commercial real estate. (See Group Exhibit D sub exhibit
10).
While an explanation may exist for this situation, the timing, size, and structure
of the loan-secured by non-income-producing properties along with the
apparent failure to disclose the Schamburg asset raises enough ofa concern
relative to implicating disclosure requirements, banking regulations, and
public-integrity statutes to request explanation or further inquiry.
The Illinois Attomey General has already reviewed a limited aspect of the
Board's conduct in this matter and issued a determination finding that a
violation of the Open Meetings Act occurred. (See Exhibit G- Illinois State
Aftomey General's order). Despite this enforcement determination, the Board
majority publicly disputed the Attomey General's findings and denied that any
violation occurred. Continued action following an Attomey General finding,
(See Group Exhibit C Case Summary People of the State of lllinob v.
Rsvindra Jayara-Cook County Criminal Charges: Disorderly Conduct,
Contributing to the Delinquency of a Child and Unlawful Use of Credit
Card with corresponding guilty pleas re: disorderly conduct and unlawful use
of Credit Card). This information may create significant legal risks for trustees
who relied on an incomplete or inaccurate factual record while willfully
refusing to conduct any reasonable and responsible due diligence.
without taking corrective measures or conducting an independent review,
significantly heightens the risk of legal liability and exposure to the Board and
those trustees electing to move forward while dismissing the facts presented.
When considered together with the documented procedural deparfures and
unresolved disclosure issues, this determination further supports the need for
independent review to ensure compliance with Illinois law and to protect the
integrity of the Village's decision-making process.
I expressly reject the allegation that my opposition to this matter is based on a
conflict of interest. I have owned millions of square feet of commercial real
estate in the United States and Europe and have never been a tenant. Any
preliminary expression of interest occurred before I was aware of the deed
restrictions and before the matter evolved into a long-term licensing
arrangement. Upon leaming of the applicable restrictions and facts, I opposed
he arrangement on legal and fiduciary grounds. The assertion that my hotel
competes with a stand-alone banquet facility is inaccurate and unsupported.
Although I do not have a conflict of interest, I am formally recusing myself
from executive sessions convened to discuss or defend the litigation filed by
the Friends of the Sports Core. Given the facts now of record,
including documented disclosure failures and an Attomey General
enforcement finding, my participation in such closed sessions risks creating
the appearance that those meetings extend beyond the lawful defense of the
Village and could be construed as efforts to coordinate narratives,
shield individuals, or further conduct that may later be characterized as a
conspiracy.
This statement is submitted to formally disassociate myself from the actions
and decisions described herein and to ensure that the record reflects that I
provided timely notice ofthese legal defects and risks. I do so to protect the
Village and to ensure that no trustee, including myself, may later be said to
have ignored documented contradictions, failed to exercise independent
judgment, or acquiesced in conduct that could expose individuals to personal
civil or criminal liability. Should the Board nevertheless proceed, this record
will demonstrate that any resulting liability arises from deliberate choices
made with full knowledge ofthe material facts raised in this statement, and not
from my participation, consent or silence.
ed
(Z 7 ((.
mes P. N e Oak roo k Village Trustee
Group Exhibi t
ELECTRONICALLY FILED
6l26n0tE 8:30AM,i&\ffi,11'#'
PAGE I of9
IN rHE crRCUrr couR'r oF cooK couNry, rLLrNg66i[EBiI"H,r,tI P^[r,.MUNIcIPALDEPARTMENT-FIRsrDtsrRrcrcrvrHil,SArf.Lr?;,y-bSIgU^
NEW CHICAGO STA'I'E CLIRRENCY
EXCHA\GE, INC.. un lllinois corporation
Plainti tl
CI llC C'HEF C'HICAGO. INC'.. an IIIinois
corporat ion. RAVINDRA JAYARA.
Case \o
Anrount claimcd: $325.00. plus
interest. treble damages. costs of suit,
and attorneys' t'ees
Det'endant(s)Return Date: August 3.2018
YERI.EIED=CO.vIPLAINI
Plaintiff. NEW Clll('AGO STA'fl-. Ct,RRENCY IIXCHANGL. INC.. an lllinois
corporalion ("Currency Exchange"). by irs attorneys. SORMAN & FRANKEI-, LTD., tbr its
Verified Complaint (the "Complaint") against Defendants, CHIC CHEF CHICAGO. [NC., an
Illinois corporation (-C'CC-). and RAVINDRA JAYARA ("Jayara"), (collectively.
"De[endants"). slates as folk)ws:
l. Currency lixchangc is a duly registered lllinois corporation with its principal place of
busincss located at .125 Huehl Road. Building 3. \orthhrook. Cook County. Illinois.
Currency Exchange is a currency' cxchange regulated by the tllinois Department of
Financial and Professional Rcgulation and its principal husiness activities include. among
other things, providing clteck-cashing serlices to membcrs ofthe general public for a fee.
2. CCC is. upon infonnation and heliet. a duly registered lllinois corporation with its principal
place of business locared at 1544 lileerwood Dr., Elgin, Illinois. Jayara is, upon informatiou
and bclief, an owncr of CCC and an lllinois rcsident u'ith hiVher principal place of
residence and/or business locatcd at 95304 Nantucket Dr.. Unit# Cl, Darien. Illinois.
I
J venue is proper in this courr pursuant ro Scction 5/2-l0l of thc lllinois codc of civil
Procedure. which provides that an action may be commenced "in the county in which the
transaction or sonre pan thercof occurn:d out ol'which the cause ol'action arosc.'. 7-35
ll-C:S 5/2-l0l (West 2018). A porrion of the parties' business dealings. as well as prior
and subsequent acts and activilies alleged and complaine.d of herein, trnk place in Cook
County. lllinois.
On or about October 1.5, 2017. Dslbndants issuctl onc check. in rhc amounr rrl $300.00.
payable to Femando Ruvalcaba lbarra ("I)aycc") and drawn on Delendants' bank account
(thc "Check"). a true and accuralc copy of which is atrachc'd hereto &s Exhihit *.4."
Thc Check is a negotiablc instrumcnt in that it is an unconditional promise ro pay a
definite amount of money. upon demand. payablc to order, without any restriction on the
thcc ol'the instrunlent. lll0 ll.('S 5,/3- l().1. c/ scr7. (West 2018).
Allcr lhc Check was issued. it war lendered to and negotiatcd by,Currency Exchangc in
cxchangc for cash paid to the Payec.
Within thirty (10) days therealier. the Currency lixchangc prcscnted the Check ftrr
paymcnt and the Chcck was dishonored hy reason of -not sullicient funds." lhe
Currency Exchange was charged "relunr chcck" lces hy its hank. totaling $25.00,
dishonorcd duc to same.
At thc time of issuancs of the Check. Detbndants knew or should havc knorvn lhat lhcrc
wcre insufficicnt funds in Dcl'endanB' bank account to eusurc that thc Chcck would be
honorcd upon prcsentmcnl.
Pursuant to 810 ILCS 5/3-301. ct seq. (West 201 8), Currency Fixchange is a holder in due
coursc entillcd to entbrcc the Check against Detindants. jointly and scverally.
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10. Additionally, pursu.rnr to 720 ll.CS 5/17-l(li) (Wesr 2018). Currency Exchange is
cnlitled to a judgment against Defendants. jointly and scverally. for an amount ..in
addition to the amount owing upon such cherk or order, damages oftreble the amount so
owing. but in no case less than $100 nor more than $1.500. plus attomeys' Ibes and courr
costs". 720 ILCS 5/l 7- I (I1) (Wcst 20 | 8).
I l. Despile dcmand. Detbndants have thilcd and rcl'used to pay thc balance duc to Cunency
Exchange as identified in Currcncy Exchange's demand letter. (See Ex. "8").
12. Defendants have reimbursed Currency Exchangc none ofthe $325.00 due.
13. Currency Exchange has pcrformed all conditions to be performed by it.
14. Currency Exchangc has suflbred <irulages as a direct and proximate result trf the actions
or inactions of Defendants.
WHEREFORE. Plaintitl'. NEW CIIICACO S'IATE CI"TRRF.NCY EXCHANGF., lNC..
an Illinois corporation. respectfully rcquests this Court lo enter Judgmcnt in its l'avor and against
Defendants, CHIC CIIEF CHICA(;O, lNC.. an Illinois corporation. and RAVINDRA JAYA RA.
joinlly and severally. as follows:
A. Awarding Currency Exchange danrages in the sum of $325.00. less amounts prcviously
paid to it by Det'endants;
B. Treble damagcs as to the Check, in thc total sum of $900.00, as providcd by 720 ILCS
5/r 7-l(E):
c. lntcrest as permitted pursuanr ro 8l 0 lLCs 5/i-806:
D. Attomeys' fees in the sum ofat least $350.00 as permitted pursuant to 720 ll-CS 5/17-
l(Fl) and 8t0 ILCS 5/3-806:
E. All reasonable and necessarl cosls incurred in connection wilh these proceedings. as
permincd pursuanl to 720 ll.CS 5i l7-l and 810 lL('S -il3-806: and,
F. lirr a judgmenr against Delbndants. jointly and scvcralll . in thc sum of 91 .575.00. plus
costs, and for such other. furthcr and difl'erent rcliel'as this ('oun deernsjust and proper.
Rcspcctlirlll submittccl.
Nl:W C'ltI('ACO S IATE CL;RRI:N('Y
1.X('l IANGll. l\C.. an lllint'is corpomtion.
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Vcrific.lion bv Ccrtilicrlion
Undcr p*nolties os provided hy law pursusnt to Scclion l-109 of thc Codc ofCivil
l,roccdure. thc undersigned certilies thot thcy arc a duly authorized rcpr€senloti\e of Plaintifl anrJ
th0t the sratenlents set lbflh in this Vcriliccl Cotnplainl arc truc and concct. except.Ls to mallers
thcrcin statcd to be on inlbmrotion and bclic[ arrd as to such nullcrs lhc undcrsigncd ccdilics as
albrcsaid lhar lhcy lcnly bclicvcs lhc sanrc to hc lruc
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Original Scan Date: 10/1 5/17 1 I :54
Return Oate: 10124117 06'.00
Return Reason: NSF - Not Suflicient Funds
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CFSC
425 Huehl Road, Building 3
Northbrook, Illinois 60062
Nei Chicrgo Strte Curreocy Erchange. lnc.
S300.0O + 325.00 fe€ (3325. )), Check No. l0E5
l0ll5ll7 Peyce: Ferneldo Ruvrlcrba Iberra
t a7-509{6t0
F.! t a?-S09{59J
Em.il BSrhornb.rEre:( fra.aom
Re Creditor:
AEosIl claimed:
Dete of issuroc!:
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Dear Sir or Madam
Plee-se b€ advised thal I am Cener.l Legal Counscl for CFSC. thc management company for New Chicago State Currency
Exchange, lnc. I am writing in rcgards to a claim against your company bascd upon your company's issuancc ofthe chcclt
identified above. That chect was c,ashcd by lhe Currcrrcy Exchange and was relurned unpaid due to "not suflicienr
funds."'
-Pursuant to 720 ILCS 5/17-l(E). as well as ElO ILCS 511-301 et req., you ar€ put on ootice thal in the event you fail to
*gqit the face amount of the above{escribed check along with the "retumed check fee" identified above, E.de p.yrble
ffihc ebovc rcfertlccd currcncy erctenge erd mriled to ahe Norlhbrook rddrc$ thow! rl thc lop of rhi!
Etterberd, within lhirtv (30t davs followins lhis demand. the Currcncy Exchangc may file legal etion against you and
$S * u*u.o"o uy,iiur-ir.oilp. juri-xlbtion thiface amount oithe chc"f(r). unorney.i f""s, court costs incurred
$rfl service fees and damages in triple the amount of each check (in no case less lhan $100.00 nor more than S1,500.00
ftr creck) and non-litig,ation collection expenses.
Unle.s you, the rccipient oflhis notice. within thirty (30) days aftcr receipt. dispure the validity ofthis dcbt or any portion
thereof. the debr will be assumed lo be valid. lfyou noriry the undersigned, in writing wilhin the thirty (30) dEy p€riod
that the d€bl or any portion aherEof is disputed. the undersigned will obtain verificalion of the debt or a copy of a
judg,nent against you and a copy ofsuch verificstion orjudgmcnt will be mailed to you- Upon \Lrinen reguest, within the
thirty (10) day period described sbove, ahe undcrsign€d will pmvide you with the name and address of the original
creditor, ifdifferent from &e Curency Exchange. Absenr hearing from you within thirty (30) days after the receipt of this
notice, the debl set forth herein will be a-ssumed to be valid by the Currency Exchange and its lawyers unless you dispute,
in writing, the validity of same within the given time period. Nothing requires or obligatcs the Currency Exchange to wait
thiny (30) days from the date of issuance ofthis lctter to commencc legal proceedings againn you to collcct rhe dcbt.
THIS COMMUNICATION IS AN AT.I^EMI,.T TO COLLECT A DEBT AND ANY INFORMATION OBTA1NED
WII.,L BE USED FOR THAT PIJRPOSE.
lf ,vou hare any questions or wish to discuss this maner funher, ple$e cophci Eric Prlc 8t (847) 5(x)-6655
Yqrrs tnrly,
ffi" , Schoeoherg, cencral Counscl
' ln thc cvcn! thc itcm wa9 rclurnad unpaid due to -duplicsle prcsantmcnt." coflt-l you, fifiancial insaitt tion irnmadiarcly to pGsarvc
your wananty and indcmnificalion .ights undcr rhc Chcck 2l Act, l2 U.S.C. $S50Ol ct scq., aod Reg. CC, l2 C.F.R. 0!229.52.
129.53.
November I l, 2017
Yia Certified Mail - Relurn Receip, Requested and U.S. Mail
Chic Chef Chicago lnc,
I 5rl4 Fleetwood Drive
Elgin, Il. 60123
Attn: Finance Department - Accounts Payable
BonnD Sct|oenbcrg - Attomsy al Ltw
425 HUEHL RO BLI)G 3
NORTHBROOK rL 80062-2323
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Group Exhibit B
R.v. (ffnmg) CCI{ 05384
IN IEE CIRCUIT COITRT Or C(X)K COUNTY, rL[INOIS
Cavaby rdhlolift ervices, LLC
as assignee of Cavalry Invssh€nts, LLC
PIaintitr,
Ravi Jayara
a/lc/a Ravindra Jayam
..+_tr_3772
DefendaDt,
and, .
7-Eleven,lnc.
Third Party (Employer)
No: I "!t!ir
*/1.i"t
Coun -6''
C7
o.
Q0
0:
cttlttoNroorscovrn essgrs ro tmp pARTy (wA&s)
To: 7-Eleven, Inc. , I Art Plaza Suite 1000 1722 Routh SEeet, Dalas TX 75201 Ath: Payroll
YOU ARE RIQITIRED to appsd or file you, amwer to this Citation on ltc foro appcaring on tho reverse side or attached
hereto oa 11125/2011 before 9:30 r.m. inCoutroom 1401 located at;
I Richard J. Daley Center, Room 601, Chicago IL 60602 B District 2: 5600 OId Orcbarrf Pd., SkoHe, IL 600?7
tr Dstrict 3: 2I2l Eucti( Rolling Meadowq IL 6000E tr Disrict 4: 15(x) Maybrook Dr., Maywood, IL 60!53
tr District 5: IO220 S. 76'r Av., Bridgeview, IL 60455 tr District 6: 16501 S. Kedzie Pkwy., Matnan, IL 60426
Judgme was entEred Novembsr 15. 2010 in lbvor ofPlabtiffCavahv Pordolio Services. LLC. and ,glinst DefeDdaDt(s), Ravi Javara
a/k/a Ravindra Jayara. in this CoEt'[Dder &e abovc case in the sum of$E306.54.
Tbere is uow duq less crcdit and off-set, the sum ofSE5l7.66. Further sums may become due as costs 8Dd bt€rest acsue
Ravi Jayara RaYhdra
WARNING: YOIIR FAILITRE TO FIIJ AN ANSWER OR APPEAR IN COIIRT AII EEREIN DIRECTED MAY CAUSE YOU
TO BE ARRESIED ANI' BROUGUT BET1ORE lEE COI]RT TO ANSWER TO TEE CEARGiE OF CONIEMPT OT COURT,
WHICE MAY BE PI'NISEASLE BY IMPBISONMENT IN TEE JAIL
Clerk ofthe Court Seal of Court
DORO(IEy BROWN, CT,ERK OX'rEE CrRCUII COITRT OI',COOK COO]\TY,IITJNOTIT
You anD m IlIr(nM rm Counr ofproperty (iages aud otber mooey) you uay hold belotrging !o DefeDdaDt,
lqyqq or whicb may ttereater be acquired by or become cfue to him or her.
YOU ARE PROEIBIIEL tom malciug or allo'l'ing my transf€r or otler disposition of or iDterftrhg B'ith, atry prop€rty Dot exempt tom
execution or gamishment b€loDgitrg to Def€ndam or to which s/be may be enfded or which may tbereafler be acquired by or becomc due to
him or her, aud tom paying over or otherwise disposing of any moneys trot so exeEpt which are due or o becoEc due to Defeod8Dt" up lo
double the aEount ofthc balance due, until firlher order of murt or terEbatioD ofthe proceeding, whicbever occurs first
lEE COURT MAY PUIIISE YOU if you violate 6e restainine orcvision of ttris citatiotr as and for cotrtcmDl a8d the c,oorl may €oter
iudsnent aminst vou for eitber the mouit of the lrDaid Dortion olt6e iudement and cosrs allowabl€ lmder this iectiou or tbe amouni of 6e-valIe of the-prope?ty talsfErre4 whichev€r is fess. ?35 -CS sD-l4Ol(Di) Q(IOA). Failr.Ee to a.Bswer tLis citatio! may also result iu eDtry
ofjudgEeDt agahst you for 6e balmce due. 735 ILCS 5/2-1402(cXa) (2004); 735 ILCS 5/12-807(a).
CtsRTIFICAIION BY JI]DGMENT CTEDITOR OR ATTORNEY FOR JUI'GMENT CSEDITOR
Urderp ahi6 as providcd by law pursurd to Scctiotr 1.109 ofthc Codc ofcivil ProccdurD (?35 tr-CS 5/l-I09), ttc urdcrsigDcd c.rtif.s that lh. aborc
fufonrutioo rcgarding tlc uDoEt ofticjudtEcrt ttro d.t! oflf,cjrdgrDcDt, or it! rlyivd datc, thr b.brcc dur th.r!o!,
crsc k EtE lrd qrEL
Ator!.ry . No. 15930
I,lsdc: KEVIN M. trELLY, P.C.
Ad&!s8: l0 E,_r2Dd StErl Suitc 216 Lornbsr4 IL 601{t
Telcptora:630-9161Itt fs:6l&91tu696 YBnopB ,s8 er1(g
vKevln
tho aaDo of th! Court .nd t[c luEbrt of lhc
I}OR
UtDalcycot.r trDistid2 o Disici I O D$i€ ,l O Ditsicr 5 ODi5nid 6
P6
It i. :
(ovER)
ENDER: COMPLETE THIS SECT,ON COMPLETE THIS SECT'ON, OA' DELIVERY
I @mplgte ltems 1,2, and 3. Also'gomplete
Item 4llRestrlcted Deltuery ls dailred.I Pdnt your name,and address.on the re.verse
so that we can refurn the card to you.
I Attach thls card to tho,back of the mallpiece
or on the ftont f spatii parmlts.
A
x :(ro*/tl ldaresse
C. Date of Dellver
/a-
. Artlcle Address€d to:
D, Is delvery address differcnt Item 1?
lf YES, enter dellvery addres below: E lto
E;flEuErs.T,sc
1o+ P_\^.n, $pnt. a0OO
trjlZZ Rou*h t{eeel
Nr.llal .11( I5zo I
.tts: ?,o1rotl tr Egrcestdal
tl R6[rn Recelpt lor Mercfiandls
E o.o.D.
!, Article Number
.(Iianster fan sr,rvlco label)
E Yes
Domestlc Retum Recelpt 1 02595-02-lv!15
;:'1.,
3. Senllcolirps
I CgrtfledMiil
tr nEgbrra
El lniled if,all
4. RestlcH tl€/.tuerfi (B,na tue)
?E],I] IE?T] EEI]E EETT 7?E],
,Sform 3811, February 2oo4
lJ0E R.l..s. of S.ii!f.<fi.r olJudgmGrl
{957 Motion ro Yrc.l. Jldtmcnt
l0ll Dirhis..d (rn!l)
IN THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS
Cavalry Portfolio Services, LLC
Plaintiff
No. l0 Ml 146150
Ravi Jayara
Defendant
SATISFACTION AND RELEASE OF JUDGMENT
James Allendorph, the Legal Representative having received full satisfaction and payment, releases the
judgment entercd on November I 5, 2010, against defendant Ravi Jayara for $8,3 06.54 and costs.
Dated April l7 .2014
NOTICE
If memorandum ofjudgnrent has been recorded in this case, a certified copy of this release shall
be filed by the person receiving the release in the office ofthe Recorder ofDeeds in which
judgment has been recorded.
Attomey of record
ORDER
This matter coming on to be heard on the Courts own motion; the Coun having been presented with a signed Release
or Satisfaction in firll ofa judgment previously entered by th€ Coun in the above entitled matter; the Court having
jurisdiction in the above enlitled matter:
lT IS HEREBY ORDERED that in accordance with 735 ILCS 5/12-183 thejudgment heretofore entered by the
Court in the above entitled matter is hereby vacated and held for naught.
IT IS FURTHER ORDERED that the above entitled matter be and the same is hereby dismissed.
For the protection ofthe owner, this release shall also be filed with the Recorder ofDeeds or
in whose office the lien was filed.
gllii*:Gui-.;
A
Blin and Gaines, P.C.
Attomey for PlaintifrB2887
661 Cienn Ave.
Wheeling, lL 60090
(847)40r-4900
t2-28484
JU ,
Group Exhibit C
t2!712s , 12:45 PM
People of the State of Illinois vs.
RAVINDRAJAYARA
District 3
CaseSummary
I Case No. 96300478901
s
s
s
s
Location:
Judicial Officer:
Filed on:
Central Booking
Number/Document
Control Number:
Record Division
Number:
District 3
District 3, Room
1()1
o7/rz/1996
2566042t6
96ott'2
Case Type:
Case Status:
Municipal
to/16/1996 Case
Disposed
Offense
Jurisdiction: Schaumburg
oor. IINLWFL USE/CREDI CARD
Statute Degree Offense Date
72o 25018 MA otlotltgoo
Arrest
Date: o7lo4lt996
Agenry: ILor62Aoo - Schaumburg
DCN: z566o4z16 Sequence: oor
oo2. CNTRB DELINQOFCHILD
Statute Degree Offense Date
72o l3ol2A MA otlorlrgoo
Arrest
Date: o7/o4/r996
Agency: ILor62Aoo - Schaumburg
DCN: z566o4z16 Sequence: ooz
Filed Date
o7 /rzlt996
Filed Date
o7lrzl1996
Regisrcr ofAcrions - 96100478901
s
Case Information
h(psJ/cccponal.cookcounryclcrkofcoun.or8/app/RegisterofActions/r/2B4CD96lB78F596BF9CEDD5FC59C587mC954A8EAD]826238D694OBBA0882mBAB2... l16
t2nh5 , 12.45 PM
Statistical Closures
ro 11611996 Guilty Plea
Registcr ofActions - 96100478901
Assignment Information
Cunent Case Assignment
CaseNumber 967oo479gotCourt District 3
DateAssigned o7lrzltgg6
Judicial Officer District 3, Room 1o1
Party Information
Defendant JAYARA, RAVINDRA
White
Male
Height: 5'5" Weight: rz5
DOB: rolr5/r975
Events and Orders ofthe Court
oglzgltggT Continued to (g:oo AM)
Resource: [ocation CRo37r D3, Courtroom ror
ROOM: ROLI,ING MEADOWS ROOM TO1 2121 EUCLID AW. CDATE:
o9/23/t997
oglzSltggZ Supervision Terminated/Discharged (Judicial Officer: Amirante, Sam L)
ROOM: ROLLING MEADOWS ROOM tot JDGE: t5t4 DESC: HILD RM
ro/1611996 Continued to (g:oo AM)
Resource: l.ocation CRo37r D3, Courtroom 1o1
ROOM: ROLLING MEADOWS ROOM loi 2121 EUCLID AW. CDATE:
to/t6/t996
ro/t6ltg96 Order of Court (9:ooAM)
Resource: Incation CRo371 D3, Courtroom 1o1
ROOM: ROLLING MEADOWS ROOM lOI ZIZI EUCLID AVE. CDATE:
to/t6/t996
httpsJ/cccportal-cookcountyclerkofcoud.org/app/RcgisErOfActions/r/2B4CD96lB78F596BF9CEDDJFC59C58790C954A8EAD3826238D6940BBA0882D2BAB2... a6
tzitzs. t2.45 PM RctisEr ofActions - 9630(N78901
to /16/1996 PIea (Judicial Officer: Hoffenberg, Earl B)
JAYAXA, RAVINDRA
oor. IINLVTFL USE/CREDIT CARD
Plea of Guilty
DCN: z566o4z16 Sequence: oor
to l16l1996 Disposition (Judicial Officer: Hoffenberg, Earl B)
oo1. UNLWFL USE/CREDm CARD
Plea of Guilty
DCN: z566o4er6
Sequence: oot
rol16l1996 Amended Disposition (Judicial Officer: Hoffenberg, Earl B) Reason: Conversion
oor. IJNLWFL USE/CREDIT CARD
Finding of Guilty
DCN: z566o4z16
Sequence: oot
ro116/1996 Arnended Disposition (Judicial Officer: Hoffenberg, Earl B) Reason: Conversion
Oo1. UNLWFL USE/CREDTT CARD
Supervision - Court
DCN: z566o4z16
Sequence: oot
to l16l1996 Disposition (Judicial Officer: Hoffenberg, Earl B)
ooz. CNTRB DELINQ OF CHILD
Stricken Off - l€ave Reinstate
DCN: z566o4z16
Sequence: ooz
ro /1611996 Supervision (Judicial Officer: Hoffenberg, Earl B)
oo1. UNLWFL USE/CREDI CARD
ot lorltgoo (MA) Zzo zSolS (ggggggg)
DCN: z566o4z16 Sequence: oot
IL Criminal
Probation
Status:
Tlpe: Court Supervision
Term: t Year
Start Date: rolt6lr996
Converted Disposition:
Community Service Code: o5og Description:SENTENCED TO COMMUNTIY
SERVIC Disp Date:1olt6/tgg6 Minimum: o Years o Months 3 Days HILD RM
hrtps://cccponai-cookcounryclerkofcoun.oey'app/RegislerofAclionVt/2B4CD96lB78F596BF9CEDD5rc59c587mC954A8EADl826238D694OBBA0882D2BAB2... 116
tzll25, t2145 pM RcSisrcr of Acriorx - 96300478901
LolL6h996
Plea Of Guilty (Judicial OfEcer: Hoffenberg, Earl B)
ROOM: ROLLING MEADOWS ROOM tot JDGE: ofi4 REF: Coot DESC: HILD RM
rolt6/1996
Finding OfGuilty (Judicial OfEcer: Hoffenberg, Earl B)
ROOM: ROLLING MEADOWS ROOM 1ot JDGE: oSS4 kEF: Coot DESC: HILD RM
rol16/t996
Supervision - Court (Judicial Officer: Hoffenberg, Earl B)
ROOM: ROLLINGMEADOWSROOM tol JDGE: oSS4REF: Cool MINTERM: TYDESC: HILD
RM
rol16/rgg6
Termination Date-Probation-Conditional Discharge-Supervision
(Judicial OfEcer: Hoffenberg, Earl B)
ROOM: ROLLING MEADOWS ROOM 1o1 JDGE: o534 CDATE: og/eS/tgq7 ROOM: ROLUNG
MEADOWS ROOM tot DESC: HILD RM
10/16/1996
Sentenced To Community Service (Judicial Officer: Hoffenberg, Earl B)
ROOM: ROLLING MEADOWS ROOM tot JDGE: oSS4 REF: Cool MINTERM: 3D DESC: HILD
KM
tolt6lt996
Refund To Complainant (Judicial Officer: Hoffenberg, Earl B)
ROOM: ROLLING MEADOWS ROOM 1oT JDGE: 0534 REF: BOOL 29V DESC: HILD KM
to /t6 /1996
Stricken Off Leave To Reinstate (Judicial Officer: Hoffenberg, Earl B)
ROOM: ROLLING MEADOWS ROOM 1ot JDGE: oSS4 REF: Cooz DESC: HILD RM
oglBlrggb
Warrant Quashed (Judicial Officer: Pomaro, Nicholas T.)
ROOM: ROLLING MEADOWS ROOM zozJDGE: 0431 REF: Woot DESC: HILD RM
hups://cccportal.cff kcouotyclcrkofcoun.oB/app/RegisterofAcrions/r/2MCD96lB78F596BF9CEDD5FC59C587mC954A8EAD3826238D69.l0BBA0882D28AB2 1/6
ro11611996 Jury Waived (Judicial Officer: Hoffenberg, Earl B)
ROOM: ROLUNG MEADOWS ROOM tot JDGE: ofi4 DESC: HILD RM
l1Jtl25. 12.45 PM Rcgister ofActions - 9630(M?8901
09/$11996
Continuance By Order Of Court (Judicial Officer: Pomaro, Nicholas T.)
ROO M : RO LUNG M EADOWS ROO M 2 07 J DGE : o 43 1 C DATE : 1 o / 1 6 / 1 99 6 ROO M : RO LUNG
MEADOWS ROOM tot DESC: HILD RM
o9l411996 Recall/Execute Sent To Police Agency (Judicial Officer: Pomaro, Nicholas T.)
ROOM: ROLLING MEADOWS ROOM 2o7 JDGE: o4S1 DESC: HILD RM
09/13/t996
Motion To Vacate Bond Forfeiture - Filed (Judicial Officer: Pomaro, Nicholas T.)
ROOM: ROLLING MEADOWS ROOM zoTJDGE: o4S1 S MODB: 4 DESC: HILD RM
Party: Defendant JAYARA, RA\,'INDRA
ROOM: ROLLING MEADOWS ROOM 2oZ JDGE: o43t S MODB: 4 DESC: HILD kM
og/t3/t996 On Call - See Court Sheet (Judicial Officer: Pomaro, Nicholas T.)
ROOM: ROLLING MEADOWS ROOM zoTJDGE: o4S1 DESC: HILD RM
o9/rz/1996 Motion State (9:oo AM)
Resource: Location CRo37r D3, Courtroom ror
ROOM: ROLLING MEADOWS ROOM 1o1 2121 ET]CLID AW. CDATE:
09/12/1996
o9/rzl1996 On Call - See Court Sheet (Judicial Officer: Czaja, Michael F)
ROOM: ROLLING MEADOWS ROOM 1ot JDGE: o4SB DESC: HILD RM
o9/rz/1996
Bond Forfeiture/Warrant (Judicial Of6cer: Kowa]ski, Robert J)
ROOM: ROLLING MEADOWS ROOM tot JDGE: 1S2g REF: Boot CDATE: 10/16/1996 AMOUNT:
SOOO,OO ROOM: ROLLING MEADOWS ROOM 1O1 DESC: HILD RM
oglrzlrgg6 Warrant Sent To Police Agency (Judicial Officer: Kowalski, Robert J)
ROOM: ROLLING MEADOWS ROOM 1ot JDGE: t5z9 DESC: HILD RM
o9logltgg6 Bond Set By Rule of Court (g:oo AM)
Resource: location CRo37r D3, Courtroom 1ol
ROOM: ROLUNG MEADOWS ROOM 1OI ZIzI EUCLID AW. CDATE:
o8/o9/tgg6
https://cccponal.cookcountyclerkofcoun.oE/app/RegisrerofActions/#/2B4CD96l A78F5968F9CEDD5FC59C58790C954A8EAD38262l8D6940BBA0882D2BAB2... 516
lUltzs. t2t45 PM RcSisrcr ofAcrions - 9630047890I
o8/oglt996
Motion State - Continuance (Judicial Officer: Czaja, Michael F)
ROOM: ROLLING MEADOWS ROOM tot JDGE: o+58 CDATE: 09/12/1996 ROOM: ROLLING
MEADOWS ROOM tot DESC: HILD RM
oT lrz/1996
Bond Set By Rule Of Court
ROOM: ROLLING MEADOWS ROOM 2oZ CDATE: 08/09/1996 AMOUNT: tooo.oo ROOM:
ROLLING MEADOWS ROOM tot DESC: HILD RM
hrtpsJ/cccponalrookcounryclerkofcoud.orB/app/RegisterofAcdons/#/2B4CD96l B78F596BF9CEDDsFC59C587mC954A8EAD3826238D6940BBA0882D2BAB2... 616
Group Exhibi t
Exhibit 2: At https://crs.cookcountvclerkil.oov/ you will find Document #2505124119. This is a mortgage dated
211312025 tor $3 M granted by Michael Manzo and The Robert J. Trusz Revocable Trust (grantors) to Millennium
Bank (grantee). This mortgage is secured by land identified as PIN 07-12-402-012-0000 and PIN number
08-07-301-011-0000. Of the $3M loan, $1.5M is cash distributed to grantors Michael Manzo and the Trusz Trust
and $1.5 is a letter of credit. This mortgage was recorded on 212012O25.
Exhibit 3: On September 10,2025, a lis pendens was recorded against '1901 McConnor Parkway, Schaumburg
(PlN number 07-12-402-0000) and 1851 McCommick Parkway, Schaumburg (PlN number 08-07-301-011-0000).
Exhibit 4: Articles of Organization for Plaintiff in lawsuit against '190 1 McConnor Pkwy, pending in Cook County
(circuit court) Case #2025 CH 09320. Plaintiff"1901 McConnor Pkwy LLC", which was formed on March 6, 2025
On https://apos.ilsos.gov/businessentitysearch. the registered agent of this new LLC (File #15908246) is Joseph
Giralamo of 340 Butterfield in Elmhurst. This is a law office; Giralamo is a lawyer. The manager of '1901
McConnor Pkwy LLC" is listed as Andres Mendivil.
Exhibit 5: Mortgage recorded with the Dupage County Recorder's Office on February 14, 2025 as document
R2025-008892. httos://recorder.duoaoeco.oro/ The grantor ofthis mortgage (daled 211312025) is TM Real Estate
Holdings, LLC and the grantee is Millennium Bank. The amount of this mortgage is $6.6 Million.
Exhibit 6: TM Real Estate Holdings LLC is a limited liability company (File #12719167 ) that was formed on January
19,2023. lts managers listed as Michael Manzo and Robert Trusz on hftps://apps.ilsos.gov/businessentitysearch/
Its registered agent is Michael Manzo. lt appears that TM Real Estate Holdings LLC used the $6.6 M proceeds of
its 211312025loan from Millennium Bank to purchase Lot G, which is undeveloped land at Oak Brook Commons,
PIN #06-23-407-019, Deed recorded as R2025-008891.
Exhibit 7: Special Warranty Deed dated 211312025 for land refened to as "LOT G" of Oak Brook Commons, as
listed on httos://www.du oecountv.oov/ This deed was recorded 211412025
Exhibit 8: Purchase price for LOT G of Oak Brook Commons is $4.4 Million, as listed for PIN 06-23-407-019 as
listed on https://prooertylookup.duoaoecounty.oov/ after clicking "property transfer history'.
Exhibit 9: Ihe 2024 annual property taxes on PIN #6-23-407-019 (1050 W 22nd Street, Oak Brook) is $9,529.32,
as listed on https.//prooertylookup.dupaoecounty.oov/
Exhibit 1: Special Warranty Deed dated 4t6l2O2O, Document 2010803218, available at Cook County Clerk's Office.
https://crs.cookcountLclerkil.gov/ This document shows that on March 31,2020, Michael Manzo and The Robert J.
Trusz Revocable Trust purchased the restaurant formerly known as the "RAM Restaurant and Brewery", at 1901
McConnor Parhrvay, Schaumburg (PlN number 07- 12402-0000) and 1851 McCommick Parhrvay, Schaumburg
(PlN number 08-07-301-011-0000). The purchase price listed on the Cook County Recordeds website is
91.6Million. No mortgage is associated with this purchase. The special waranty deed was recorded 411712020.
Exhibit 10: Statement of Economic lnterest filed by Michael llanzo on Apdl 28, 2O25, as posted on
httos ://www.d upa gecounty. gov/elected_officialskecorder/search
UNOFFICIAL COPY
Afler Recordlng Retum to:
Tax Bills to:
Dec ID 20200401654607
sT/Co stal'P 2-Oo+86t248 sT Tax Sl.6m m CO Tax s800.00
Michael Manzo and Robert Trusz
l90l McConnor Parkway
Schaurnburg, IL 60173
6T(80 oc,t4f[ f o /ztsptcnr' wnRRANry DEED
This Sper.rai Warrang Deed (this "Deed) is datcd this _ day of March, 2020, betweeo
Schaumburg land -cmoann L.L.C., a Washindon limited liability company ('CEgtoI"), whose
address is c/o Ram Internrtional 10013-5$h Ave. SW, Lakewood, WA 98499, and Michael
Mtuo, an individual, i:ro i[a Robert J. Trusz Revocable Trus! as tenaots in common
("Grantee') whosc address r: l9ll McConnor Parkwan Schaumburg, IL 601 73.
WITNESSETH, tbat Grar'id:, for and in considaation of the sun of Ten and No/100
Dollan ($10.00) and other consicir.rtien the receipt whereof is hereby confessed and
acknowledged by Grantor, has gratrted, ba gaind, sold and conveyed, and by 0rese presents does
grant, bargain, sell, convey and confirm unto (jrartee, all ofthat certain real prop€rty, situate, lying
and being in Cook County, state oflllinois, ano ldp.ally described as follows:
ATTACHED AS EXEIBN A AND NCOR?CF.4TED HEREIN BY TT{IS
REFERENCE.
and commonly refened to as l90l McConnor Parkway, 5"n"p,nhurg, n- 60171 (hereafter, the
"Property"); PINS: 07- I 2-402-01 2-0000 and 08-07-301 4 I I-0000 .
Docf 2010803218 Feei 398.00
Edfl:ard M. li4oody
Cook County Recoder of oeeds
Oale 04117 n'm OtO2 PM Pgr 1 of5
REAL ESTAIE IRAIGFER TAX 06Apr-2020
@
cot irTY:
tl-urlols:
IOTAL:
38617 ,&Up 07- l2-{02012{0m l202000165..607
8@m
1.6@.m
2.4m.(n
TOGETHER WITH dl and singulu the hereditaments aod . t rpurtenances thereunto
belonging, or in anywise appertaining, and the reversion and revers',iiiri, remainder and
remainders, rents, issues and profits thereof; and all the estate, right, title, rri*ut, claim and
demand whatsoever, of Grantor, ei0rer in law or cquity, ot, in and to the P:d;r.-rty and the
hereditaments and appurtenanccs thereto;
SUBJECT TO the following: (A) all genaal and special taxes for 2020 ad subsequent
years, (B) all laws, ordinances and govemment regulations cristing as of the date hereof, (Q all
covenants, mnditions rrd restrictions of record to include without limitadon tbat Special Warranty
Deed recorded April 4, 1999 with dre Cook County Recorder as No. 99338909 and (D) any matters
that an accurate survey of dre Property would have disclosed;
TO HAVE AND TO HOLD ttre Property abovc bargained and described unto Grantec
forever;
IX^NSFER zlx
UNOFFICIAL COPY
AND Grantor, covenants and agrees to and with Orantee, to waraDt and defend the quiet
and peaceable possession ofthe Property, by Crantee, against every penon who lawfirlly claims
the Property or any part thereof, by, through or under Grantor, but not otherwise, subject to the
matters set forth herein,
IN 1r/ITNESS WHEREOF, Grantor has executed this Speoial ltrananty Deed as ofthe day
and year first wit&n above.
GRANTOR:
Schaumburg Land Company, L.L.C., a Wsshington limited
liability company
By:
Name: David M. Iverson
Title: Co-Manager
5j,:tt'c--
I\
Tite:
STATE OF WASHINGTON )
)
COI'NTY OF PIERCE )
On this _ day of March, 2020 bcfore mg the undersigneo, a r.oary public in and for the
stete of Washington duly conmisioned and swom personally appearexl rravid M. Iversoa, to me
known lo be a CeManager of Schaumburg Land Conpann LI.C., the liu,i'ed liability
compsny that executed dre foregoing instument, and acknowledged the said in:ii:lment to be 6e
free and voluntary act and deed of said limited liability company, for tbe uses und i'r:Doses
therein mentioned and on oath stated that he is authorizrd to execute the said insti':n/ol.
WTNESS my hand and oflicial sesl hereto affixed the day and year in dris certi!.-ate
above wrifren.
Printed Namc:
Notary Public for the statc of _-
Residing at
My appointnent orpircs: _.- -..---
AND Grantor, covenanls and agrees to and with Grantee, to wanant and defend the quiet
and peaccable possession of the Property, by Grantee, against every persorl who lawfully claims
the Property or any part thereot by, through or under Grantor, but not otherwise, subject to the
matters set forth herein.
IN WTINESS WHEREOF, Grantor has executed this Special Warrauty Deed as of fte day
and year Iirst written above.
GRANTOR:
Schaumburg Land Company, L.L.C., a Washington limited
liability company
By:
Name:vid M. lverson
Title: Co-Manager
By:
Nariel Jeftey C. Chandler
Titre: Cs-Manager
STATE OF WASHINCTON
COUNTYOFPIERCE
)
)
)
lt*t4.t L h.n-*
WITNES s
t3'1
and official seal haoto affixed the day and year in this ceri;licate
abo ve
v
Puguo
26
gOTAP
OF
F6ia
Notary
tiin6:/RIlIgUlt L. Dslrv,r
the state of I
Itt
Residing at I L,,: yu 4Ltts
Mvaonoinunintexoi6: EE7il-....--.1-,--
UNOFFICIAL COPY
On rhis! day of March 2020 before me, the undersigned, 4 notary public in and for the
state of Washinglon duly commissioned and sworn prsonally appeare , David M. Iverson, to me
known to be a Co-Manager of Schaumburg Land Conrpany, L.L.C., tLe l. rnited liability
company that executed the foregoing instumeng and acknowledged the said itstument to be the
free and voluntary acl and deed ofsaid limitd liability company, for the uses:;r/ r,'rrposes
therein mentioned and on oath stated thot he is authorized to execute the said in(au:nbnt.
t
EXHIBITA
Legal Description -
PARCEL 1:
LOT 2 IN THE WOODFIELO VILLAGE GREEN FIRST RESUBDIVISION BE]NG A RESUBDIVISION OF
LOT 3 IN WOODFIELD VITLAGE GREEN WOODFIELD. 76 SUBDIVISION, BEING A SUBDIVISION OF
PART OF THE SOI.,ITHWEST 1/4 AND THE SOUTHEAST 1/4 OF SECTION 12, TOWNSHIP 41
NORTH, RANGE 10, EAST OF THE THIRD PRINCIPAL MERIDIAI{, ANO PART OF THE FRACTIONAL
SOUTHWE.' f ]/4 OF SECTION 7. TOWVSHIP 41 NORTH, RANGE 11, EAST OF TT{E THIRD
PRINCIPAL MFru.DIAN, ACCORDING TO THE PI.AT RECORDED SEPTEMBER 3. 1998 AS
DOCUMENT gg!rJ78, rN COOK COUNTY, rLLlNOrS.
PARCEL 2:
UNOFFICIAL COPY
NON EXCLUSIVE EASE[,'Ei!:: FOR PEDESTRIAN AND VEHICULAR INGRESS AND EGRESS (8UT
NOT FOR PARKTNG, EXCEPT i€ EXPRESSLY PROVTDED THERETN) FOR THE BENEFI OF
PARCEL 1 AS CREATED BY EII.;!IilENT AGREEMENT ANO DECLARATION OF RESTRICTIVE
COVENANT DATED MARCH 31, 19SJ AND RECORDED ON APRIL 12. 1999 AS OOCUMEMI
NUMBER 9,9349797 MADE BY PRIM' ;€SPITALIW CORP. TO SCHAUMBURG LAND COMPANY
tlc oVER PORTIONS OF THE FOttO#;.iS DESCRIBED IAND: LOTS 1 ANO 3 lN THE
WOODFIELD VILLAGE GREEN FIRST REJUTAIVEION BEING A RESUBOIVISION OF LOT 3 IN
WOODFIELD VILLAGE GREEN WOODFIELD .76 C"BDIVISION, BEING A SUBDIVISION OF PART
OF THE SOUTHWEST 1/4 AND THE SOUTHEA{.T 1r4 OF SECTION 12, TOWNSHIP 41 NORTH,
RANGE 10, EAST OF THE THIRD PRINCIPAL MER'di;N, AND PART OF THE FRACTIONAL
sourHwEsT 1/4 oF sECTroN 7, TOWNSHTP 41 NOr,Jf:,lrANGE 11, EAST OF THE THIRD
PRINCIPAL MERIOIAN, ACCORDING TO THE PLAT RECO'IPED SEPTEMBER 3, 1998 AS
DOCUMEMr 98789373, rN COOK COUNTY, tLLlNOrS.
l90l McConnor Parkway, Schaumburg, IL 601 73
PINS: 07-12402-012-0000 and 0847-301-0ll-0000
!.
..
UNOFFICIAL COPY
STATE OF Vl*8rffi,{€?r,N )wA3
)
COTJNTYOFIIER T ){'/a\15
On this$l day of Mucll 2020 before me, the undersigned, a notary public in and for the
state of Washingon duly commissioned and swom pcrsonally appearcd Jeffrey C. Chandler, to
me ktrovnr to be a Co-Manager of &haumburg Land Company, L.L.C., the limited liability
company that executed ttre foregoing inskument, and acknowledged the said insuument to be the
free and voluntry act and deed ofsaid limied liability company, for tlre uses 8nd purposes
therein menlioned end on oath sHed that hc is auftorized to executc the said instrument.
WTIIIIISS my hand and ollicial seal hereto affixed the day and year in this certificate
above written.
Narne:l^1(tta/
Notary Public for the
Residing at
Prepared By:
Timothy L. Buoc\ esg.
do Ram Intemational
10013 - 59h Ave. SW
Lakewood, WA 9M99
I
EETSY MIITER
tlotdy Publlc, Stlre ol
Comn. ExDlros or.t2.20?l
Nol!ry lD 128822{37
of 'fetc4S
My appointorent expires:
Exhibit 2
Document #2505124119 on https://crs.cookcountyclerkil.gov/ . This is a mortgage daled 211312025 for $3 M
granted by Michael Manzo and The Robert J. Trusz Revocable Trust (grantors) to Millennium Bank (grantee). This
mortgage was recorded on February 20, 2025.
lllinois Anti-Predatory
Lending Database
Program
Certificate of Exemption
Ooc#. 2505'121 1 19 Fee: S 107.00
MON.CA 30RDCr.l
CCOK CCJI.JTY CLER('S O:FICE
oair 120.t025 1i 11 Ail Pg 1 rl 15
Report ilortgage :-,ird
844-768.17lt
I
The property idenlified as:PIN:07-12402{12-{D00
Address:
Street: 1901 McConnor Parkway
Street line 2:
City; Schaumburg State: lL ZPCode:60173
1gn6a. Milennium Bank
Borrowen Michael Manzo, as an lndMduat and the Robert J. Trusz tieTocable Trusl, as tenants in comm(,r
Loan / MorEage Amoun[ $3,000,000.00
This prcperty is localed wi0in the program area and the transation is exemd tom the requi;:,e :rs of 765 ILCS 77n0
etseq.becarsetheapplicationwastakenbyanexemptentityorperson.
Certificate numbet: 80481663-9FE344rc-8675-AB19ED029E0E Execution dale; 1211312025
UNOFFICIAL COPY
UNOFFICIAL COPY
RECORDATION REQUESTED BY:
MILLENNIUM BANK
2077 Miner St.
Des Plaines, IL 60016
WHEN RECORDED MAIL TO:
MILLENNIUM BANK
2077 Miner St.
Des Plaines, lL 60016
FOR RECORDER'S USE ONLY
M/)RTGAGE
MAXIMUM LIEN. At no time shall the principal a: rret of lndebtedness secured by lhe Mortgage, not
includinig sums advanced to protect lhe security of the Mc4d.lge, exceed $3,000.000.00.
THIS MORTGAGE dated February 13,2025, is made and oxe..!f'-d between Michael Mamo, as an individual
and the Robert J. Irusz Revocable Trusq as lenants in conrni,:i (refered to below as "Grantor') and
MILLENNIUM BANK, whose address is 2077 Miner St., Oes PlainCS,.lL 6ui16 (refened to below as 'Lender").
GRANT OF MORTGAGE For valuable consideration, Grantor mortgages, irrrants, and conveys to Lender all
of Grantofs righl, title,.and interest in and to the following described ,eal p:.?:4,:;, together with all existing or
subsequently erected or affixed buildings, improvements and fixtures; all .,. se'ients, rights of way, and
appurtenances; all water, water rights, watercourses and ditch righis (including st t k in utilities with ditch or
inigation rights); and all other rights, royalties, and prorits relating to the real pror"i1v, including without
limitation all minerals, oil, gas, geothermal and similar matters, (the "Real Property') ros-re:l in Cook County,
State of lllinois:
PARCEL I: LOT 2 IN THE WOODFIELD VILLAGE GREEN FIRST RESUBDIVISION, BEING I, iFSUBDIVISION
OF LOT 3 IN WOOOFIELD VILLAGE GREEN WOODFIELD . 76 SUBDIVISION, BEING A SIITiIMSION OF
PART OF THE SOITTHWEST 1/4 ANti THE SOUTHEAST 1/4 OF SECTTON t2; TOWNSHTP 4'l NORTH,
RANGE 10, EAST OF THE THIRD PRINCIPAL MERIOT,AN, AND PART OF THE FRACTIONAL SOUTHWEST
1/4 OF SECTION 7, TOWNSHIP 41 NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN,
ACCOROING TO THE PLAT RECOREEO SEPTEMSER 3, 1998 AS DOCUME.IT 98789378, IN COOK
COUNTY, ILLINOIS.
PARCEL 2; NoN EXCLUSIVE EASEMENT FoR PEDESTRIAN AND VEHICULAR INGRESS AND EGRESS
(BUT NOT FOR PARKING, EXCEPT AS EXPRESSLY PROVIDED THEREIN) FOR THE BENEFIT OF PARCEL 1
AS CREATED BY EASEMENT AGREEMENT AND DECLARANON OF RESTRICNVE COVENANT DATED
MARCH 31, 1999 AND RECORDED ON APRIL 12, 1999 AS DOCUMENT NUMBER 99349797 MADE BY
PRIME HOSPITALIW CORP. TO SCHAUiTBURG LAND COMPANY LLC OVER PORTIONS OF THE
FOLLOVIIING DESCRIBED LAND: LOTS 1 AND 3 lN THE WOODFIELD VILLAGE GREEN FIRST
RESUBDIVISION, BEING A RESUEDIVISION OF LOT 3 IN WOODFIELD VILLAGE GREEN WOODFIELD - 76
SUBDIVISION, BEING A
This Mortgage prepared by:
Kimberly Paz, Loan Adq.,rritration Specialist
MILLENNIUM BANK
2077 Miner St.
Des Plaines, IL 60016
UNOFFICIAL COPY
Loan No: '1001657
MORTGAGE
(Continued)Page 2
SUBDIVISION OF PART OF THE SOUTHWEST I/4 AND THE SOUTHEAST 1/4 OF SECIION 12,
TOWNSHIP 41 NORTH, RANGE .IO, EAST OF THE THIRD PRINCIPAL MERIDIAN, AND PART OF ITIE
FRACTIONAL SOUTHWEST 1/4 OF SECTION 7, TOWNSHIP 41 NORTH, RANGE 11, EAST OF THE THIRD
PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT RECORDED SEPTEMBER 3, 1998 AS DOCUMENT
98789378, |N CO0K COUNTY, lLLlNOtS.
The Real Propefi or its address is commonly knowr as 1901 McConnor Parkway, Schaumburg, lL 60173.
The Real Property tax identitication numbet is 07-12402412-0000, 08-{17-301411-0000.
CROSS-COLLATERAUZATION. ln addition to the Note, this Mortgage secures all obligations, debts and
Iiabilities, plus irie.'est thereon, of Gtantor to Lender, or any one or more of them, as well as all claims by
Lender against Granlor or any one or more of them, whether now existing or hereafter arising, whether related
or unrelated to the F;pose of the Note, whether voluntary or otheMise, whether due or not due, direct or
indirect, determined ,,r,ri dotermined, absolute or contingent, liquidated or unliquidated, whether Grantor may
be liable individually or jc;llly with others, whether obligated as guarantor, surety, accommodation party or
otherwise, and whether recn/e,', upon such amounts may be or hereafler may become barTed by any statule of
limilations, and whether the cl-rigation to repay such amounls may be or hereafter may become otherwise
unenforceable.
Grantor presently assigns to Lender 1l of Grantois right, title, and interest in and to all present and future
leases of the Property and all Rents frjm ihe Property. ln addition, Grantor grants to Lender a Uniform
Commercial Code security interest in the l-crlonal Prope(y and Rents.
THIS MORTGAGE, INCLUDING THE ASSIGNIII.E}:T OF RENTS AND T}IE SECURfi INTEREST IN THE RENTS
AND PERSONAL PROPERTY, IS GIVEN TO SECJRE, (A) PAYMENT OF THE INDEBTEDNESS AND (B)
PERFORIi4ANCE OF AI,IY AiiID ALL OBLIGATIONS UI'JEF THE NOTE THE RELATED DOCUMENTS, AND THIS
MORTGAGE. THIS MORTGAGE lS INTENDED To Ai;a I'HALL BE VALID AND HAVE PRIORITY OVER ALL
SUBSEQUENT LIENS AND ENCUMBRANCES, INCLUDII'i3 JTATUTORY LIENS, EXCEPTING SOLELY TAXES
AND ASSESSME!{IS LEVIED ON THE REAL PROPERTY, IrJ THE EXTENT OF THE MAXIMUM AMOUNT
SECURED HEREBY. THIS MORTGAGE IS GIVEN AND ACCEPTSD,(TN THE FOLLOWNG IERMS:
PAYMENT AND PERFORNANCE. Except as otheMise provided rn lhit irlortgage, Grantor shatl pay to Lender
all amounts secured by this Mortgage as they become due and shall si'ictlv perform all of Grantor's obligations
under lhis Mortgage.
POSSESSION AND MAINTENANCE OF THE PROPERTY. Grantor agrees that 4l3qto/s possession and use of
the Property shall be governod by the followlng prdvisions:
Possession and Use. Unlil the o@unence of an Event of Default, Grantor may (?) iemain in possession
and control ofthe Property; (2) use, operale or manage the Propert$ and (3) etltcl d1e Rents from the
Property.
Duty to Maintaln. Grantor shall maintain the Prcperty in tenantable condition and pro;if:;t pedorm all
repairs, replacemdnts, and maintenance necessary to preserve ils value.
compliance V\rith Environmental Laws. Grantor represents and warrants to Lender thaL (1) During the
period of Grantofs ownership of the Property, there has been no use, generation, manufacfure, slorage,
treatment, disposal, release or threatened rclease of any Hazardous Substanca by any person on, under,
about or from lhe Properly; (2) Grantor has no knowledge of, or reason to believe that there has been,
except as previously disclosed to and acknowledged by Lender in writing, (a) any breach or violation of
any Environmenlal Laws, (b) any use, generation, manufacture, storage, treatment, disposal, release or
threatened release of any Hazardous Substance on, under, about or ftom the Property by any prior owneB
or ocflpants of the Property, or (c) any actual or lhreatened litigation or claims of any kind by any person
relating to suci matters; and (3) Except as previously disclosed to and acknowledged by Lender in
writing, (a) neilher'crantor nor any tenant, contractor, agent or other authorized user of the Property shall
use, generale, manufacture, store, trsat, dispose of or release any Hazardous Substance on, under, about
or from the Pmperty; and (b) any such aclivity shall be conducted in compliance wilh all applicable
UNOFFICIAL COPY
MORTGAGE
(Continued)Loan No:1001657 Page 3
federal, stale, and local laws, regulations and ordinances, including without limitation all Environmental
Laws. Grantor aulhorizes Lender and its agents to enter upon the Prope(y to make such inspections and
tests, at Granlo/s expense, as Lender may deem appropriate to determine compliance of the Property with
this section of the Mortgage. Any inspections or tests made by Lender shall be for Lendeis purposes only
and shall not be construed to create any responsibility or liability on the part of Lender to Grantor or to any
other person. The representations and wanaoties contained herein are based on Grantods due diligence in
investigating the Property for Hazardous Substances. Grantor hereby (1) releases and waives any future
claims against Lender for indemnity or contribution in lhe event Grantor becomes liable for cleanup or other
costs under any such laws; and (2) agrees to indemniry, defend, and hold harmless Lender against any
and all claimt, :1sses, liabilities, damages, penalties, and expenses which Lender may directly or indirectly
sustaiir or sufier resulling from a breach of this section of the Mortgage or as a consequence of any use,
generation, man,iicture, storage, disposal, release or thmatened release occuning prior to Granto/s
ownership or inte, eti;1 the Property, whether or not the same was or should have been known to Grantor.
The provisions ot trrrs section of the Morlgage, including the obligation to indemnify and defend, shall
survive the payment oi (le :'debtedness and the satisfaction and reconveyance of the lien of this Mortgage
and shall not be affected by r-andeis ac<iuisition of any interest in the Property, whether by foreclosure or
otherwise.
Nuisance, Waste. Grantor shall nJt cause, conduct or permit any nuisance nor commit, permit, or suffer
any stripping of or waste on or to lhe Property or any porlion of the Property. \ fdhout limiting the
generality of the foregoing, Grantor wi;i ,tet remove, or grant to any other party the right to remove, any
timber, minerals (including oil and gas), "cai, clay, scoria, soil, gravel or rock products without LendeCs
prior written consen!
Removal of lmprovemehls. Grantor shall not dem rtiah or remove any lmprovements from the Real Property
without Lende/s prior written consent. As a conriii;;r;to the removal of any lmprovements, Lender may
require Grantor to make anangemenls satisfactor, io Lender to replace such lmprovements with
lmprovements of at least equal value.
Lender's Right to Enler. Lender and Lendeis agents and rep.e,,entiatives may enter upon the Real Propedy
at all reasonable times to attend to Lendeds interests and io inszc.t the Real Property for purposes of
Granlo/s compliance with the terms and conditions of lhis Mortgaue. .
Compllanc€ with Govemmenlal Requtements. Grantor shall prompul aonply with all laws, ordinances,
and regulations, now or hereafter in effect, of all govemmental autltoll'ias, applicable to the use or
occupancy of the Property, induding without limitation, the Americans With Oi-rbilities Act. Grantor may
contest in good faith any such law, ordinance, or regulation and withhc,d f..npliance dwing any
proceeding, including appropriate appeals, so long as Grantor has nolilied Lender in v riting. pnbr to doing
do and so long as, in Lender's sole opinion, Lende/s interesls in the Properly are nof le -1p?rdized. Lender
may require Granlor lo post adequate secudty or a surety bond, reasonably satishctrT to Lender, to
protect Lende/s interesl.
outy to Prot€ct. Grantor agrees neither to abandon or leave unattended the Property. Grantor shall do all
other acts, in addition to those acts set forth above in this sectioni which from lhe ctaracter and use of the
Property are reasombly necessary to protect and preserve the Property.
DUE ON SALE - CONSEI{I BY LENDER. Lender may, at Lende/s option, declare immediately due and payable
all sums se@red by this Mortgage upon the sale or transfer, without Lende/s pilbr written consent, of all or
any part of the Real Properly, or any interest in the Rea[ Property. A "sale or transfe/' means the conveyance
of Real Property or any right, tille or interest in the Real Property; whether legal, beneficial or equitable;
whether voluntary or involuntrry: whether by outright sale, deed, installment sale contract, land contract,
contract tor deed, leasehold interest with a term greater lhan three (3) years, lease-option conlract, or by sale,
assignment, or transfer of any beneficial interest in or to any land trust holding title to the Real Property, or by
any other method of conveyance of an interest in the Real Property. However, this option shall not be
exercised by Lender if such exercise is prohibited by federal law or by lllincis law.
UNOFFICIAL COPY
MORTGAGE
Loan No: 1001657 (Continued) Page 4
TAXES AND LIENS. The following provisions relating to the taxes and liens on the Property are part of this
Morlgage:
Payment. Granlor shall pay when due (and in all events prior to delinquency) all taxes, payroll taxes,
special taxes, assessments, water charges and sewer service charges levled againsl or on account of the
Property, and shall pay when due all claims for work done on or for seMces rendered or material fumished
to the Property. Grantor shall maintain the Property free of any liens having priority over or equal to lhe
interest of Lender under this Mortgage, except for those liens specifically agreed to in writing by Lender,
and except for the lien of taxes and assessments not due as further specified in the Right to Contest
paragraph.
Right lo Contcst. Grantor may withhold payment of any tax, assessmenl, or claim. in connection wilh a
good failh dispui', .1ver the obligation to pay, so long as Lende/s interest in the Property is not jeopardized.
lf a lien arises o; rs rrled as a result of nonpayment, crantor shall within fifleen (15) days after lhe lien
arises or, if a lien rs ;r-,j, within fifleen (15) days after Grantor has notice of the filing, secure the disciarge
of the lien, or if requesr'rd 5y Lender, deposit with Lender cash or a sumcient corporate surety bond or
other security salisfactor,, .o Lender in an amount sufficient to discharge the lien plus any costs and
attomeys'fees, or other L;rarges that could accrue as a result of a foreclosure or sale under the lien. ln
any contest, Granlor shall dcfp.rrl itself and Lender and shall satisfy any adverse judgment before
enforcement against lhe Property. C,.itor shall name Lender as an additional obligee under any surety
bond fumished in the contest proceedings.
Evidence of Payment. Grantor shall upu,, Jamand furnish to Lender satisfactory evidence of payment of
the taxes or assessments and shall authon.d re appropriate governmental official to deliver to Lender at
any time a written statement of the taxes and usse:snents against lhe Property.
Notice of Construction. Grantor shall notify L;,rCe' at least fifteen (15) days before any work is
commenced, any services are furnished, or any matr;ie;s are supplied to the Poperty, if any mechaniCs
lien, materialmen's lien, or other lien could be asserleL c,r account of the work, services, or materials.
Grantor will upon request of Lender fumish to Lender aii'jr,:e assurances satisfactory to Lender that
Grantor can and will pay the cost of such improvements.
PROPERTY DAMAGE INSURANCE. The following provisions relating .o insrring the Property are a part of this
Mortgage:
Maintenance of lnsurance. Granlor shall procure and maintain policies tire insurance wilh standard
extended coverage endorsements on a replacement basis for the full in:'rrable value covering all
lmprovemenls on the Real Property in an amount suffcienl to avoid applicatio;: of anv ca;6rrr"n""
","r"",arid With a standard mortgagee clause in favor of Lender. Granlor shall alsa p,ocure and maintain
comprehensive general liability insurance in such coverage amounts as Lender may;e-,dest with Lender
being named as additional insureds in such liability insurance policies. Additionally, Gr?:rie. shall maintain
such other insurance, induding but not limited to hazard, business interruption and br:ile' iosurance as
Lender may require- Policies shall be written by such insurance companies and in suct fu::n as may be
reasonably acceptable to Lender. Grantor shall deliver to Lender certificates of coverage from each insurer
containing a stipulation thal coverage will not be cancelled or diminished withoul a minimum of thirty (30)
days' pdor written notice to Lender and not containing any disclaimer of the insure/s liability for failure to
give such notice. Each insurance policy also shall include an endorsement providing that co/erage in favor
of Lender will not be impaired in any way by any act, omission or default of Grantor or any other person.
Should the Real Property be localed in an area designated by the Administrator of lhe Federal Emergency
Management Agency as a special flood hazard area, Granlor agrees to obtain and mainlain flood insurance,
if available, for lhe full unpaid principal balance of the loan and any prior liens on the property securing the
loan, up to the maximum policy limits set under the Nalional Flood lnsurance Program, or as othenvise
required by Lender, and to maintain such insurance for lhe term of the loan. Flood insurance may be
purdrased under the National Flood lnsurance Program, from private insurers providing "private flood
insurance" as defined by applicable federal flood insurance statutes and regulations, or ftom another flood
insurance provider that is both acceptable to Lender in its sole discretion and permitted by applicable
UNOFFICIAL COPY
MORTGAGE
(Continued)Loan No:1001657 Page 5
federal flood insurance statutes and regulations.
Application of Proceeds. Grantor shall promptly notify Lender of any loss or damage to the Property.
Lender may make proof of loss if Grantor fails to do so within flfteen (15) days of the casualty. Whether or
not Lendeas'secudty is impaired, Lender may, at Lende/s election, receive and relain lhe proceeds of any
insurance and apply the proceeds to the reduction of lhe lndebtedness, payment of any lien affecting the
Property, or the restoration and repair of the Property. lf Lender elecls to apply the proceeds to restoralion
and repair, Grantor shall repair or replace lhe damaged or destroyed lmprovements in a manner salisfactory
to Lender. Lender shall, upon satisfaclory proof of such expenditure, pay or reimburse Grantor from the
pmceeds for the reasonablb cost of repair or restoration if Grantor is not in default under this Mortgage.
Any proceers w.rich have not been disbursed within 180 days after their receipt and which Lender has not
committed to tire repair or restoration of the PropBrty shall be used first to pay any amount owing to
Lender lnder thi.t t\,ortgage, then to pay acsued interest, and the remainder, if any, shall be applied to the
principal balance (f lhe lndebtedness. lf Lender holds any proceeds afler payment in full of the
lndgbtedness, such pr.lrnF.ls shall be paid to Grantor as Grantor's interests may appear.
LENDER'S EXPENDITURES. ,f rrny action or proceeding is commenced that would materially affect Lenderls
interest in the Property or if Gran!.r fails to comply with any provision of this Mortgage or any Relaled
Documents, including but not limitel ie irantods failure to discharge or pay when due any amounts Grantor is
required to discharge or pay under this ltluri;1age or any Related Documents, Lender on Granto,'s behalf may
(but shall not be obligated to) take an! action that Lender deems appropriate, including but not limited lo
discharging or paying all taxes, liens, securiry ;nterests, encumbrances and other claims, at any time levied or
placed on the Property and paying all costs frr,riuring, maintaining and preserving the Property. All such
expenditures incuned or paid by Lender forsuch p Jrposqs will then bear interest at the rate charged under the
Note from the dale incured or paid by Lender to th(, da e of repayment by Grantor. All such expenses will
become a part of the lndebtedness and, dt Lendeis opiic,r, will (A) be payable on demand; (B) be added to
lhe balance of the Note and be apporlioned among and r.,e ,rbyable with any installment payments to become
due during either (1) the term of any applicable insurance pciicy; or (2) the remaining term of the Note; or
(C) be treated as a balloon payment which wilt be due and payaiie at the Note's maturity. The Mortgage also
will secure payrnent of lhese amounts. Such right shall be in addit..,n to all other rights and remedies to which
Lender may be entitled upon the occunence of any Event of Default.
WARRANW; OEFENSE OF TITLE. The fotlowing provisions relating to oivrqrship of the Property are a part of
this Mortgage:
Title. Grantor wanants that: (a) Grantor holds good and markeEble title cf rrcord to the Property in fee
simple, free and clear of all liens and encumbrances other than those Set ;ortl. in the Real Properly
description or in any title insurance policy, title report, or final litle opinion issued i) favo. of, and accepted
by, Lender in connection with this Mortgage, and (b) Grantor has the full right, por,er, and authority to
execute and deliver this Mortgage to Lender.
Defense of Title. Subject to the exception in the paragraph above, Grantor warrants a.rd will forever
defend the title to the Property against the laMul claims of all pe6ons. ln the event any action or
proceedlng is commenced that questions GrantoCs title or the interest of Lender under this Mortgage,
Grantor shall defend the action at Grantods expense. Grantor may be lhe nominal party in such
proceeding, but Lender shall be entitled to participate in the pmceeding and to be represented in the
proceeding by counsel of Lende/s own choice, and Grantor will deliver, or cause to be delivered, to Lender
such instruments as Lender may requesl from time to time to permit such participalion.
Compliance With Laws. Grantor wanants that the Property and Grantofs use of the Property complies
wilh all existing applicable laws, ordinances, and regulations of governmental authorities.
Survival of Representations and Wananties. AII representations, wananties, and agreements made by
Grantor in this Mortgage shall suMve the execution and delivery of this Mortgage, shall be continuing in
nature, and shall remain in full force and effect until such time as Granto/s lndebtedness shall be paid in
full.
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MORTGAGE
(Continued)Loan No: 1001657 Page 6
CONDEMNATION. The following provisions relating to condemnation proceedings are a part of this Mortgage:
Proceedings. lf any proceeding in condemnation is filed, Grantor shall promptly notiry Lender in writing,
and Granlor shall promptly take such steps as may be necessary to defend the action and obtain the
award. Grantor may be the, nominal party in such proceeding, but Lender shall be entitled to participate in
lhe proceeding and to be represented in the proceeding by counsel of its own choice, and Grantor will
deliver or cause to be delivered to Lende, such instruments and documentation as may be requested by
Lender from time to time to permit such participation.
Application of Net Proceeds. lf all or any part of the Property is condemned by eminenl domairi
proceedings 'i \y any proceeding or purchase in lieu of condemnation, Lender may at ils electon require
that all or any rortion of the net proceeds of the award be applied to the lndebtedness or the repair or
restoration of th., Property. The net proceeds of lhe award shall mean the award after payment of all
reasonable costs, e'.p,lnses, and attomeys'fees incuned by Lender in c-onnecton with the condemnation.
IMPOSITION OF TAXES, sEls AND CHARGES BY GOVERNMENTAL AUTHORITIES. The following provisions
relating to govemmental taxes. rt es and charges are a part of this Mortgage:
Current Taxes, Fees and.uhargas. Upon reguest by Lender, Grantor shall execute such documents in
addition to this Mortgage and ,?!€ .rhatever other action is requested by Lender to perfect and continue
Lende/s lien on the Real Prope(y. G:antor shall reimburse Lender for all taxes, as described below,
together with all expenses incuned i,' recording, perfecting or continuing this Mortgage, induding without
limitation all taxes, fees, documentary stiiros, and oher charges for recording or registering this Mortgage.
Taxes, The following shall constilute taxes iC l'hich this section applies: (1) a specitic tax upon lhis type
of Mortgage or upon all or any part of the lnuebt,jress secured by this Mortgage; (2) a specific tax on
Grantor which Grantor is authon'zed or required t.r ded.uct from payments on the lndebledness secured by
this type of Mortgage; (3) a tax on this type of M(irkage chargeable agBinst the Lender or the holder of
the Note; and (4) a specific taxon all orany portion cif liie Indebtedness oron payments of principal and
interest made by Grantor.
Subsequent Taxes. lf any tax to which lhis seetion appliFs ;s e!?cted subsequent to the date of this
Morlgage, this event shall have the same effect as an Evenl of De,aul , and Lender may exercise any or all
of its available remedies for an Event of Default as provided below ,r,'css Grantor eilher ('l) pays the tax
before it becomes delinquent, or (2) contests the tax as provided aic',e in the Taxes and Li€ns sec.tion
and deposits with Lender cash or a sufficient corporate surely bond o' rtFer security satisfactory to
Lender.
SECURIW AGREEMENT; FINANCING STATEMENTS. The following provisions relatirJ ii. this Mortgage as a
security agreement are a part of this Morlgage:
Security Agreemenl This iostrument shall constitute a Sacurity Agreemenl to the -rytsnt any of the
Property constltules fixtures, and Lender shall have all of the rights of a secured parly L:rC',i the Uniform
Commercial Code as amended from time to time.
Security lnterest, Upon request by Lender, Grantor shall take whatever action is requested by Lender to
perfect and continue Lende/s security interest in the Rents and Personal Property. ln addition to recording
this Mortgage in the real properly records, Lender may, at any time and without further authorEation from
Grantor, file executed counlerparts, copies or reproductions of this Mortgage as a financing statement.
Grantor shall reirDurse Lender for all o<penses incuned in perfecting or continuing this security interest.
Upon default, Grantor shall not remove, sever or detach the Personal Property from the Property. Upon
default, Granlor shall assemble any Personal. Property not aflixed to the Property in a manner and al a place
reasonably convenient to Grantor and Lender and make it available to Lender within three (3) days afler
receipt of written demand from Lender to the extenl permitted by applicable law.
Addresses. The mailing addresses of Grantor (debtor) and Lender (secured party) from which inbrmation
conceming the security interest granled by this Mortgage may be oblained (each as required by the
Unitorm Commercial Code) are as stated on the first page of this Mortgage.
Loan No: 100'l 657
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MORTGAGE
(Continued)Page 7
FURTHER ASSURANCES; ATTORNEYIN-FACT. The following provisions relating to further assurances and
attomeyjn-fact are a pad of this Mortgage:
Furlher Assurances. At any lime, and from time to lime, upon requesl of Lender, Grantor will make,
execute and deliver, or will cause to be made, executed or delivered, to Lender or to Lendeis designee, and
when requested by Lender, cause to be filed, recorded, refiled, or rerecorded, as lhe case may be, at such
times and in such of{ices and places as Lender may deem appropriate, any and all such mortgages, deeds
of trust, security deeds, security agreements, financing statements, continuation staternents, instruments
of further assurance, certificates, and olher documents as may, in the sole opinion of Lender. be necessary
or desirable in order to effectuate, complete, perfect, continue, or preserve (1) Granto/s obligations
under the ficte- this Mortgage, and the Related Documents, and (2) lhe liens and security interests
created by this ivicrtgage as first and prior liens on the Property, whelher now owned or hereafler acquked
by Grantor. Unlgs', Drohibited by law or Lender agrees to the conlrary in writing, Grantor shall reimburse
Lendet for all cost., arJ expenses incurred in conneclion with the matteE refened to in this paragraph.
Attomey-in.Fact. lf Gtanio; fails to do any ofthe things tefened to in the preceding paragraph, Lender may
do so for and in the nane of Grantor and al Granto/s expense. For such purposes, Grantor hereby
inevocably appoints Lends as G.anto/s attorney-in-fact for the purpose of making, executing, delivering,
filing, recording, and doing all .rthe. fiings as may be necessary or desirable, in Lendefs sole opinion, to
accomplish the matlers refened to in t:,c oreceding paragraph.
FULL PERFORMANCE, lf Grantor pays ?:i 'he lndebtedness when due, and othenvise performs all lhe
obligations imposed upon Grantor under this il.ri1gage, Lender shall execute and deliver to Grantor a suitable
satisfaction of lhis Mortgage and suitable skr.-Tents of terminalion of any linancing statement on file
evidencing Lendefs security interest in the Rents .rnd i;ir Personal Property. Grantor will pay, if permitted by
applicable law, any reasonable terminatlon fee as deteminqO by Lender from time to time.
REINSTATEMENT OF SECURITY INTEREST, lf payment i; r,tbrle by Grantor, whether voluntarily or otherwise,
or by guarantor or by any third party, on the lndebtedness a. d iiereaffer Lender is forced to remit the amount
of that payment (A) to Grantofs trustee in bankruptcy ot lo-.ni similar person under any federal or state
bankruptcy law or law lor the relief of debtors, (B) by reason of ?.iy ju4oment, decree or order of any court or
administratr've body having iurisdiction over Lender or any of Lende t prgperty, or (C) by reason of any
settlement or compromise of any claim made by Lender with any ulrrmanl (including without limitation
Grantor), the lndebledness shall be considered unpaid for the purpose of errfL:cament of this Mortgage and this
Mortgage shall continue to be effective or shall be reinstated, as lhe case .ra" be, notwithstanding any
cancellation of this Mortgage or of any note or other instrument or agreement evice,;.ing the lndebtedness and
the Property will conlinue to secure the arnount repaid or recovered to the same e\lent ?s if that amount never
had been originally rec€ived by Lender, and Grantor shall be bound by any judgment, (recr,;e. order, settlement
or compromise relating to the lndebtedness or to this Mortgage.
EVENTS OF DEFAULT. Each of the following, at Lendeis option, shall mnstjtute an Eveni ot Default under
this Mortgage:
Payment Default. Grantor fails to make any payment when due under the lndebtedness,
Default on Other Paymenls, Failure of Grantor within the time required by this Mortgage lo make any
paymeot for taxes or insurance, or any other payment necessary to prevent filing of or to effect discharge
of any lien.
Other Defaults, Grantor fails to comply with or to perform any other term, obligation, covenant or
condition c$ntained in this Mortgage or in any of the Related Documenls or to comply Mth or to perrorm
any term, obligation, covenant or condition contained in any other agreement between Lender and Grantor.
Default in Favor of Third Parties. Should Grantor default under any loan, extension of credit, security
agreement, purchase or sales agreemenl, or any other agreement, in favor of any other creditor or person
that may materially affect any of Grantods property or Grantods ability to repay th€ lndebtedness or
Granto/s ability to perform Granto/s obligations under this Morlgage or any of the Related Documents.
UNOFFICIAL COPY
Loan No:'1001657
MORTGAGE
(Continued)
False Statements, Any wananty, representation or statement made or furnished to Lender by Grantor or
on Granto/s behalf under this Mortgage or the Relaled Documents is false or misleading in any material
respect, eilher now or at the time made or fumished or becomes false or misleading at any time thereafter.
Defective Collateralizdtion. This Mortgage or any of the Related Documents ceases to be in full force and
effect (including failure of any collaleral document to create a valid and perfected security interesl or lien)
at any time and for any reason.
lnsolvency. The dissolulion or termination of the Trust, the insolvency of Grantor, the appointment of a
receiver for any part of Granto/s property, any assignment for the beneflt of creditors, any type of creditor
workoul, or rire commencement of any proceeding under arry bankruptcy or insolvency laws by or against
Granlor.
Creditor or Forf(,il,r'p Proceedings- Commencement of foreclosure or forFeiture proceedings, whether by
judicial proc€edint, ,q::lf-help, repossession or any olher method, by any creditor of Grantor or by any
governmental agency ?qri.rst any property securing the lndebtedness. This includes a gamishment of any
of Granto/s accounts, i,icl'-tlting deposit accounts, with Lender. However, this Event of Default shall not
apply if there is a good far[: iispute by Grantor as to the validity or reasonableness of the claim which is
the basis of the creditor or forf:itrrre proceeding and if Granlor gives Lender written not'rce of the creditor
or forfeiture proceeding and dep.sits with Lender monies or a surely bond for the creditor or forfeiture
proceeding, in an amount determined 6y I ender, in its sole discretion, as being an adequate reserve or bond
for the dispute.
Breach of Other Agteement. Any breactt b) lrantor under the terms of any other agreemeot between
Granlor and Lender that is not remedied r,/i'.hin any grace period provided lherein, including without
limitation any agreement conceming any indebter,nesi or other obligation of Grantor to Lender, whether
existing now or later.
Advelse Change. A malerial adverse change occurs in )r'Jnto/s financial conditjon, or Lender believes the
prospect of paym€nt or performance of the lndebtedness is ir,p'rired.
lnsecurity, Lender in good faith believes ilself insecure-
Events Affecling Gu antor. Any of the preceding events occurs .vith :espect to any Guarantor of any of
the lndebtedness or any Guarantor dies or becomes incompetent, or,eioiGs or disputes the validity of, or
liability under, any Guaranty of the lndebtedness.
Right to Cure. lf any default, other than a default in payment, is curable anu if Crantor has not been given
a notice o( a breach of lhe same provision of this Mortgage within the preceg,ng L,,elve (12) months, it
may be cured if Grantor, after Lender sends writlen notice to Grantor demanding (ure Jf such default (1)
cures the default within fifteen (15) days; or (2) ff the cure requires more thal .'aieen (15) days,
immediately initiates steps which Lender deems in Lende/s sole discretion to be sutr*ii3rt to cure the
default and thereafter continues and completes all reasonable and necessary steps suft.:e,i to produce
compliance as soon as reasonably praclical.
RIGHTS AND REMEDIES ON DEFAULT. Upon the occunence of an Event of Default and at any time thereafter,
Lender, at Lende/s option, may exercise any one or more of the following rightrs and remedies, in addition to
any other rights or remsdies provided by law:
Accelerate lndebtedness. Lender shall have lhe right at its option without notlce to Grantor to declare the
entire lndebtedness immediately due and payable, including any prepayment penalty that Grantor would be
required to pay.
Ucc Remedies. With respect to all orany part of the Personal Proparty, Lender shall have all the rights and
remedies of a secured party under lhe Uniform Commercial Gode.
Collect Rents- Lender shall have the right, without notice to Grantor, to take possession of the Property
and cll{ect the Rents, including amounts past due and unpaid, and apply the net proceeds, over and above
Lende/s costs, against the lndebtedness. ln furtherance of this righl, Lender may require any lenanl or
Page I
UNOFFICIAL COPY
MORTGAGE
(Continued)
Deficiency Judgmenl lf permine,l bv apdicable law, Lender may obtain a judgment for any deficiency
remaining in the lndebtedness due tc Ler.der after application of all amounts received fiom the exercise of
the rights provided in lhis section.
Other Remedies. Lender shall have all oth.)r .ilnts and remedies provided in lhis Mortgage or the Note or
available al law or in equity.
Sale of lhe Property. To the extent permifted by .rDoficable law, Grantor hereby waives any and all right to
have the Property marshalled. ln exercising its righ:a ,.nd remedies, Lender shall be free to sell all or any
part of the Property together or separately, in one sale )r bv separate'sales. Lender shall be entitled to bid
at any public sale on all or any portion of the Property.
Notice of Sale. Lender shall give GrantoI reasonable notice or ii€ tillle and placs of any public sale of the
Peisonal Property or of the lime afler which any private sale or c.tier intended disposition of the Personal
Properly is to be made. Reasonable notice shall mean notice givenaireast ten (10) days before lhe time of
the sale or disposition. Any sale of the Personal Poperty may be mad r i:r conjunction with any sale of the
Real Property.
Election of Remedies. Election by Lender to pursue any remedy shall not :) clude pursuit of any other
iemedy, and an election lo make expenditures or to lake action to perform an ob'ig'aibn of Grantor uoder
this Mortgage, afler Grantofs failure to perform, shall not affect Lender's right:a J.r:are a default and
exercise its remedies. Nothing under this Mortgage or otherwise shall be construed su zs.:o limit or restrict
the righls and remedies available to Lender following an Event of Default, or in any way i6 limit or restrict
the rights and ability of Lender to proc€ed directly against Grantor and/or against any i ti:.,r co-maker,
guarantor, surety or endorser and/or to proceed against any other collateral directly or indirectly securing
the lndebledness.
Attorneys' Feeq Expenses. lf Lender inslitutes any suit or action to enforce any of lhe terms of this
Mortgage, Lender shall be entflled to recoverr'such sum as the court may adiudge reasonable as attorneys'
fess at lrial and upon any appeal. Whether or not any court action is involved, and to the extent nol
prohibited by law, all reasonable expenses Lender incurs that in Lende/s opinion are necessary at any time
for the proteclion of its interest or the enforcement of ils rights shall becorne a part of the lndebtedness
payable on demand and shall bear inlerest at lhe Note rate from the date of the expenditure until repaid.
Exp€nses covered by this paragraph include, without limitalion, however subiect to any limits under
applicable law, Lendeds altorneys' fees and Lende/s legal expenses, whether or not there is a lawsuit,
including attomeys' fees and expenses for bankruptcy proceedings. (including efforts to modiff or vacate
any automatic sEy or injunction), appeals, and any anlicipated post-judgment collection services, the cost
of searching records, obtaining title reports (including foreclosure reports), surveyors' reports, and appraisal
Loan No:1001657 Page 9
other user of the Property to make payments of rent or use fees direc{ly to Lender. lf the Rents are
collected by Lender, then Granlor inevocably designates Lender as Granto/s attorney-in-fact to endorse
instruments received in payment thereof in the name of Grantor and to negotiate the same and collect the
proceeds. Payments by tenants or olher users to Lender in response to Lender's demand shall satis! the
obligations for which lhe payments are made, whether or not any proper grounds for the demand existed.
Lender may exercise its rights under this subparagraph either in person, by agent, or through a receiver-
Mortgagee in Possession. Lender shall have the right to be placed as mortgagee in possession or lo have a
receiver appoinled to lake possession of all or any part of the Property, with the power lo protect and
preserve lhe Property, to operate the Property preceding foreclosure or sale, and to collect the Rents from
the Propert) .'n,; apply the pioceeds, over and above the cost of the receiveGhip, against the lndebtedness.
The mortgagee io oossession or receiver may serve without bond if permitted by law. Lendefs right to the
appointrnent of a ,pceiver shall exist whelher or not the apparent value of the Property exceeds lhe
lndebtedness by a tiur,stanlial amount. Employment by Lender shall not disqualiry a person from serving as
a receiver.
Judicial Foreclosure. Len(er rFay obtain a judicial decree foreclosing Granto/s interest in all or any part of
the Properly.
UNOFFICIAL COPY
MORTGAGE
(Continued)Loan No:1001657 Page 10
fees and title insurance, to the exlent permitted by applicable law. Graotor also will pay any courl costs, in
addition to all other sums provided by law.
NOTICES. Any notice required to be given under this Morlgage, including withoul limitation any notice of
default and any notice of sale shall be given in writing, and shall be effective when achially delivered, when
actually received by telefacsimile (unless otherwise required by law), when deposited with a nalionally
remgnized overnight courier, or, if mailed, when deposited in the United States mail, as first class, cerlified or
registered mail postage prepaid, directed to the addresses shown near the beginning of this Mortgage. All
copies of notices of foreclosure from the holder of any lien which has priority over this Mortgage shall be sent
to Lender's addre^s, as shown near the beginning of this Mortgage. Any party may change its address for
notices under l|.r: i.ortgage by giving formal written notice to the other parties, specifying that the purpose of
the notice is to ch?:rge the party's address. For notice purposes, Grantor agrees to keep Lender informed at all
times of Grantods c,rre'lt address. Unless otheiwise provided or required by law, if there is more than one
Grantor, any notice gi i,n .:v Lender to any Grantor is deemed to be notice given to all Grantors.
MISCELLANEOUS PROVISiOi$ The following miscellaneous provisions are a part of lhis Mortgage:
Amendments. This Mortgag;, together with any Related Documents, corEtitutes the entire understanding
and agleement of the parties ar, t( the matters set forth in this Mortgage. No alteration of or amendment
to this Morlgage shall be effeclive .unless given in writing and signed by the party or parties sought to be
charged or bound by the alteration or Am( ndment.
Aonual Repons. lf the Property is used f., nurposes other than Granto/s residence, Grantor shall furnish
to Lender, upon request, a certilied stalen,er.t Jf net operating income received from the Property during
Grantor's previous fiscal year in such form arrd detail as Lender shall require. "Net operating income" shall
mean all cash receipts from the Property less all ,.ash expenditures made in connection wilh the operation
of the Property.
Caption Headings. Caption headings in this Mortgage a.e ior convenience purposes only and are not to be
used to interpret or define lhe provisions of this Mortgage.
Governing Law. This Mortgage will be govemed by federal lar:.' appfcable to Lender and, to the extent not
preempted by fuderal law, lhe laws of the State of lllinois without reg;,rd to its conflicts of law provisions.
This Mortgage has been accepted by Lender in the Stato of lllinois.
Choice of Venue. lf lhere is a lawsuit, Grantor agrees upon Lendefs retlre.,a to submit to the jurisdiction
ot the couns of Cook County, State of lllinois.
Joint and Several Liability. All obligations of Grantor under this Mortgage stali !e i^!rt and several, and all
references to Grantor shall mean each and every Grantor- This means that each 3ra',tor signing below is
No Waiver by Lender. Lender shall not be deemed to have waived any rights under thra tvl:rtgage unless
such waiver is given in writing and signed by Lender. No delay or omission on the pa1 ,.lf Lender in
exercising any right shall operale as a waiver of such right or any other right. A waiver by Lender of a
provjsion of this Mortgage shall not preiudice or conslilute a waiver of Lende/s right otherwise lo demand
strict compliance with that provision or any other provision of this Mortgage. No prior waiver by Lender,
nor any couBe of dealino beturcen Lender and Grantor, shall conslitute a waiver of any of Lende/s rights
or of any of Grantois obligations as to any fulure lransactions. Vvhenever lhe consent of Lender is
required under this Mortgage, the granting of such mnsent by Lender in any instance shall not constitule
continuing consent to subsequent instances where such consent is required and in all cases such consent
may be granted or withheld in the sole discretion of Lender.
Severability. lf a courl of competent iurisdiction finds any provision of this Mortgage to be illegal, invalid,
or unenforceable as to any person or circumstance, that finding shall not make the ofiending provision
illegal, invalid, or unenforceable as to any other person or cirGJmstance. lf feasible, the offending provision
shall be considbred modifled so.that it becomes legal, valid and enforceable. lf the offending provision
cannot be so modified, it shall be considered deleted from this Mortgage. Unless otherwise required by
UNOFFICIAL COPY
Loan No: 1001657
MORTGAGE
(Continued)Page 11
law, the illegality, invalidity, or unenforceability of any provision of this Mortgage shall not atfect the
legality, validity or enforceability of any other provision of this Mortgage.
Merger. There shall be no merger of the interest or estate created by this Mortgage wilh any other interest
or estate in the Property at any time held by or for the benelil of Lender in any capacity, without the
wriften consent of Lender.
Successors and Assigns. Subject to any limitations stated in this Morlgage on transfer of Granto/s
interest, this Mortgage shall be binding upon and inure to the benefit of the parties, lheir successors and
assigns. lf ownership of the Property becomss vested in a person other than Grantor, Lende( without
notice to G.aitor, may deal with Granto/s successors with reference to this Mortgage and the
lndebtedness i.,v way of forbearance or extension without releasing Grantor from the obligations of this
Mortgage or liab'lirl' under the Indebtedness.
Time is of lhe Ess.,rc,:. Time is of the essence in the performance of Ihis Mortgage.
Waive Jury. All pa ies |.l lhis Mortgage hereby waive the right to any jury trial in any action, proceeding,
or counterclaim brought b; anv party against any other party.
Waiver of Homestead Exempt'on Grantor hereby releases and waives all rights and benefits of the
homestead exempton laws of lhe l;tate of lllinois as to all lndebtedness secured by this Mortgage.
Waiver of Right of Rsd€mption. NLTTWITHSTANoING ANY OF THE PROVISIONS TO THE CONTRARY
CONTAINED IN THIS MORTGAGE, GRA.{T,JR HEREBY WAIVES, TO THE ETTENT PERMITTED UNOER 735
ILCS 5/15.1601(b) OR ANY SIMILAR LAIA FX'IJTING AFIER THE DATE OF THIS MORTGAGE, ANY ANO
ALL RIGHTS OF REDEMPIION ON GRANTOF.'S BEHALF AND ON BEHALF OF ANY OT}IER PERSONS
PERMITTED TO REOEEM THE PROPERTY.
DEFINffiONS. The following capitalized words and term; s.rall have the following meanings when used in this
Mortgage. Unless specitically staled to the contlary, all r(.fe:erces to dollar amounts shall mean amounts in
lawful money of the United States of America. Words and lems Jsed in the singular shall include the plural,
and the plural shall include lhe singula( as the conlext may requie. l^/ords and terms nol otheuise defined in
this Morlgage shall have the meanings atlribuled to such terms in the [';'iiorm Commercial Code:
Borrower. The word "Bonowef means Robert J. Trusz Revocable irr:it Agreement and Michael A. Manzo
and includes all co-signers and co-makeB signing lhe Nole and all their sr.;cessors and assigns.
Environmental Laws. The words "Environmental Laws" mean any and all slrte. federal and local statutes,
regulations and ordinances relating to the protection of human health or the er vl.onment, including without
limitation the Comprehensive Environmental Response, Compensation, and Liariiii, Act of 1980, as
amended,42 U.S.C. Section 9601, et seq. (CERCLA'), the Superfund Arnendmc:l: -:',il Reaulhodzation
Act of t986, Pub. L. No. 99499 ("SARA), the Hazardous Materials Transporta{ir.rn Act, 49 U.S.G.
Section 1801, et seq., the Resource Conservation and Recovery Act, 42 U.S.C. Section jgJl, et seq., or
other applicable state or federal laws, rules, or regulalions adopted pursuant thereto.
Event of Defaull. The words "Event of Defaull' mean any of the events of defaull set forth in this
Mortgage in the events of default section of this Mortgage.
Granlor. The word "Grantot" means Michael A- Manzo and Robed J. Trusz Revocable Trust Agreement.
Guarantor. The word "Guarantof means any guarantor, surety, or accommodation party of any or all of
the lndebledness.
Guaranty. The word "Guaranty' means the guaranty from Guarantor to Lender, induding without limitalion
a guaranty of all or part of the Nole.
Hazardous Substances. The words 'Hazardous Substances' mean matetials that, because of thek
quantity, concenuation or physical, chemical or infectious characteristics, may cause or pose a present or
potential hazard to human health or the environment when improperly used, treated, stored, disposed of,
geneGted, manufactured, transported or otherwise handled. The words "Hazardous Substances" are used
UNOFFICIAL COPY
MORTGAGE
(Continued)Loan No: 1001657 Page 12
in their very bmadest sense'and include without limitation any and all hazardous or toxic substances,
malerials or waste as defined by or lisled under the Environmental Laws. The term 'Hazardous
Substances" also includes, without limitation, peiroleum and petroleum by-products or any fraction thereof
and asbestos.
lmprovements. The word 'lmprovements" means all existing and fulure improvements, buildings,
slructures, mobile homes affixed on the Real Property, facilities, additions, replacements and other
construction on the Real Property.
lndebledness, The word 'lndebtedness" means all principal, interest, and other amounts, costs and
expenses pa'.ai.le under the Note or Related Documents, together with all renewals of, extensions of,
modiflcations ur consolidations of and substitutions for the Nole or Related Documents and any amounts
expended or :rd'ar ced by Lend€r to discharge Grantor's obligations or expenses incuned by Lender to
enforce Grantois oli;lations under this Mortgage, together with interest on such amounls as provided in
this Morlgage. Specric:lly, without limitalion, lndebtedness includes all amounts that may be indiiectly
secured by lhe Cross-Corlaio,alizalion povision of this Mortgage.
Lender, The word 'Lender' :: reans MILLENNIUM BANK, ils successors and assigns.
Mortgage. The word "Mortgag..".n..:ans this Mortgage between Grantor and Lender.
Note. The word 'Note" means lhe prc,nissory note dated February 13, 2025, in the original princhal
ariount of $1,500,000.00 from Grani.o; to Lender, logether wilh all renei,uals of, extensions ol
modifications of, retinancings ol consolidd+;or's of, and Substitutions for the promissory note or agreement.
NOTICE TO GRANTOR: THE NOTE CONTAi;,,: .1 VARIABLE II'ITEREST RATE
PeEonal Property. The words 'Personal Prope.ty' mean all equipment, fixtures, and other articles of
peEonal property now or hereafter owned by Grarri..r., :'nd now or hereafter attached or dfiixed to the Real
'Propertf together with all accessions, parts, and ado;i;c:rs to, all replacements ol and all substitutiohs for,
any of such property; and together with all proceeds (;.rr:'rJing without limitation all insuran@ proceeds
and refunds of premiums) trom any sale or olher disposition o, r\e Property.
Property. The Word 'Property'' means colledively the Real Propert'. d',.d the Personal Property.
Real Properly. The words 'Real Propert/ mean the real property, rr(p;p.ts and rights, as further described
in this Morlgage.
Related Documenb. The words 'Related Documents" mean all promissor/ noi.i5, credit agreemenls, loan
agreemenls, environmental agreements, guaranties, security agreements, r,',rtgages, deeds o, trust,
security deeds, clllateral mortgages, and all other instruments, agreements and d ri"timents, whether now
or hereafter exislinq, executed in connection with the lndebtedness.
Rents. The word "Rents'means all present and fulure rents, revenues, income, issues, '.:valb'es, profits,
and other benefits derived from the Property.
Loan No: 1001657
UNOFFICIAL COPY
MORTGAGE
(Continued)
EACH GRANTOR ACKNOWLEOGES HAVING READ ALL THE PROVISIONS OF THIS MORTGAGE, AND EACH
GRANTOR AGREES TO ITS TERMS,
GRANTOR:
x
ROBE REI, OCABLE TRUST ACREEMENT
'l_
Robert J. Trusz, Trus
Agreement
J. Trusz Revocable Trust
INDIVIDUTTI T.CKNOWLEDGMENT
UZu;STATE OF
COUNTY OF ZhrdA
SS
/r#Given under my hand and official seal this
.,4(
Notary Public in and for lhe State of
day of
Residing at
8Zl
-'Z---^'-/ ---L-7/J-
Mlchael A. Matlz'', lndividualf
Page 13
a// ''
On this day before me, the undersigned Notary Public, personally app:a.el Michael A. Manzo, Tenanls ln
common, to me known to be the individual described in and who executed lirL :ilortgage, and acknowledged
that he or she signed the Mortgage as his or her free and voluntary acl and deed, for the uses and purposes
therein mentioned.
My commission "*eir", % r*rL- lJ, AlaT
UNOFFICIAL COPY
MORTGAGE
(Continued)Loan No: 1001657 Page 14
TRUST ACKNOWLEDGMENT
STAIE OF
COUNTY OF
)
)ss
)
.-*
On this ,/ t dav of
erotic, iIffiffiffi ;'".0 noLert
+before me, the undersigned Notary
Trusz,of Robert J. Trusz Revocable Trust Agreement , and
known to me to be a;r ::.t',..rized trustee or agent of the kust that executed the Mortgage and acknowledged
the Mortgage to be the i:ee ard voluntary act and deed of the trust, by authority set forth in he trust
doclments or, by authority of sl'.ltute, for the uses and purposes lherein mentioned, and on oath stated that he
or she is authorized to executL inis e and in fact executed the Morlgage on behalf of the trust.14grtsas/7
Residing at
Notary Public in and for the State of jc'&-
Comhision
0tflctAt stAt
8oBBIE 8R0V'l{.0ACl0t AS
llotary Public - Stale of lllioois
LaserPro, Ver. 24.4,20.030 Copr. Finastra USA Corporation 19J1,2025
CICFIUPL\Go3.FC TR-374u PR i(,
All Rights Reserved. - lL
,22*L
Zao/1-
My commission "*ein 4*--/-11 ac *,
Exhibit 3
Lis pendens recorded against '190'l McConnor Parkway, Schaumburg (PlN number 07-12402-0000) and 1851
McCommick Parkway, Schaumburg (PlN number 08-07-301-011-0000) on 9/102025.
u N o F F I c IAL co PYililililfltililililililIilIlilItil
252532700A
0ocf 252532?008 ieo S8.00
ILRHSP FEEITIS.gO RPRF FEE:II.90
llonlcB Gord.n
Cook cou:ltg Clor*'E ofrica
oal.t S110/2623 t.te m
PAGE: I Of 3
US
Co
FeruDcrl < tr) oTrce
v€t't- s lleer
(cnse ^Ja.
zS Clr i3 z,D
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UNOFFICIAL COPY
Lis Pendens Notice (12/ou 24) CCG 0066
IN THE CIRCUIT COURT OF COOK COUNTY, IIIINOIS
LIS PENDENS NOTICE
1901 MCCONNOR PK!ilY, LLC
Plaintiff
Casc No.2025 CH09320
\,:
The RobenJ. Tr.,:: i:vocable Trusq et al.
I, the undersigned, do hereby c:it.y that the above entided cause was 6led in the Circuit Court of
Cook Counff on e /9/25 anr.l ;: ::rrv pending in the Court and that the property aftected by
the cause is described as follorvs:
1901 McConnor Parkway, SchaumburglL 6)11a
Percel 7: 07 -12402-012-0000
Parcel 2: 08-07-301-011-0000
ILEGAL DESCRTPTTONS ATTACHED AS "EXHrBlr A'l
io Cook Counry, Illinois.
!, Atty. No.:60942
'-, Pro Se 99500
Name . Alfred K. Mura,rr iI
Atqv. for (if applicable):
Plaintiff
Ad&ess:20 N. Clark St. #3300
Citf Chicago
strte' L zirt 60602
Telephone:ot?) 925-s996
Primary Email:akm2larv@mail.com
Mariyana T, Spyropoulos, Clerk of the Circuit Coun of Cook County, Illinois
cookcountyclerkofcourt.org
P.g. I oi I
Defendant
UNOFFICIAL COPY
PARCEL 2: l{ON EXCLUSIVE EASEMENT FOR PEDESTRIAN AN.D VEHICULAR
INGRESS Ai.ill IIGRESS (BUT NOT FOR PARKING, EXCEPT AS EXPRESSLY PROVIDED
II{ERXI}{) FOB iP.E BENEFTT OF PARCEL I AS CREATED By EASEMENT AGREEMENT
Ai\tD DECLAIT{Tirr]J OF RESTRICTIVE COVENANT DATED MARCH 31, 1999 AND
RECORDED ON APR[- 12, 1999 AS DOCUMENT NUWER99349'197 MADE BY PRIME
HOSPITALITY CORP. TO SCHAUMBURG LAND COMPANY LLC OVER PORTIONS OF
THE FOLLOWING DESCR.I5LJ LAND: LOTS I AND 3 IN THE WOODFIELD VILLAGE
GREEN FIRST RES{JBDIVISIO}i, EEING A RESUBDIVISION OF LOT 3 IN WOODFIELD
VILLAGE GREEIi WOODFIELD _ ?6 SUBDIVISION, BEING A SUBDIVISION OF PART OF
TIIE SOUTTIWEST 1/4 AND THE iOUTHEAST I/4 OF SECTION 12, TOWNSHIP 41
NORTH, RANGE 10, EAST OF THE TIirkD PRINCIPAL MEzuDIAN, AND PART OF THE
FRACTIONALSOUTHWEST 1/4 OFSECTITJN 7, TOWNSHIP4I NORTH. RANGE II, E.{ST
OF TT{E THIRD PRINCIPAL MERIDIAN, 1'LCORDING TO T1IE PLAT RECOR.DED
SEPTEMBER 3, 1998 AS DOCUMENT 98789378, I}; COOK COUNTY, ILLINOIS.
1901 MCCONNOR PARKWAY, SCHAUMBURG, ILLINOIS 60: 73
PINs: 07- I 2-402-0 l2-0000 & 08-07-301 -0 I I -0000
t\
EXHIBITA
PARCEL I: LOT 2IN THE WOODFiELD VILLAGE GREEN FIRST RESUBDIVISION,
BEINGA STEDTVISION OF LOT 3 IN WOODFIELD VILLAGE GREEN WOODFIELD _ 76
SIiBDIVISION, BEINC A STIBDIVISION OF PART OF THE SOUTHWEST I/4 AND THE
SOUTHEAST 1/4 OF SECTION 12, TOWNSHIP 4I NORTH, RANGE IO, EAST OF THE
TI{IRD PRINCIPAL MEzuDIAN, A.ND PART OF THE FRACTIONAL SOI.J"IHVEST I/4 OF
SECNON 7, TOWNSHIP 4I NORTH, RANGE II, EAST OF THE THIRD PRIN-CIPAL
MERIDIAN, ACCORDING TO THE PLAT RECORDED SEPTEMBER 3, 1998 AS
DOCTMENT 98789378,IN COOK COI.D{TY, ILLINOIS
Exhibit 4
Articles of Organization for Plaintiff in lawsuit against 1901 McConnor Plcu
Case #2025 CH 09320.
pending in Cook County (circuit court)
,",. LLC-5,5
Secretary of State Alexi Giannoulias
Department of Business Services Limited
Liability Division
www.ilsos.gov
1. Limited Liability Company Name: 1901 MCCONNOR PKWY LLC
lllinois
Limited Liability Company Act
Articles of Organization FILE # 15908246
FILED
MAR 06 2025
Alexi Giannoulias
Secretary of StateMJHApproved By:
Filing Fee: $150
2 Address of Principal Place of Business where records of the company will be kept
1901 MCCONNOR PARKWAY
SCHAUMBURG, IL 60173
5. Purpose for which the Limited Liability Company is organized:
'The transaction of any or all lawful business for which Limited Liability Companies may be organized under this Actl'
6. The LLC is to have perpetual existence.
7. Name and business addresses ol all the managers and any member having the authority of manager:
MENDIVIL, ANDRES
1901 MCCONNOR PARKWAY
scHAUt\,t8uR6, rL 601 73
ANDRES MENDIVIL
1901 MCCONNOR PARKVVAY
SCHAUMBURG, IL 60173
[sts( MARCH 06,2025
This document was generated electronically at www.ilsos.gov
3. The Limited Liability Company has one or more members on the filing date.
4. Registered Agent's Name and Registered Office Address:
JOSEPH GIRALAMO
340 W BUTTERFIELD RD STE 2D
ELMHURST, IL 60126.5042
8. Name and Address of Organizer
I afflrm, under penalties of perjury having authority to sign hereto, that these Articles of Organization are to the best
of my knowledge and belief, true, correct and complete.
Exhibit 5
Mortgage recorded with the Dupage County Recorder's Offce on February '14,2025 as document R2025-008892.
https://recorder.dupaoeco.org/ The grantor of this mortgage is TM Real Estate Holdings, LLC and the grantee is
Millennium Bank. The amount of this mortgage is $6.6 Million.
li
a:
ELIZABETH M. CHAPLIN
RECORDER
RECORDATION REQUESTED BY:
MILLENNIUM BANK
2077 Miner St-
Des Plaines, lL 60016
DUPA6
02/14/
E-COUNTY, IL
{dzs n,n pn
P
25 -008492
WHEN RECORDED MAIL TO:
MILLENNIUM BANK
2077 Miner St.
Des Plaines, lL 60016
FOR RECORDER'S USE ONLY
Thls Mortgage prepared by:
Kimbsrly Paz, Loan Adminlslration
MILLENNIUM BANK
2077 Miner St.
Des Plaines, IL 60016
MORTGAGE
MAXIMUM LIEN. At hall the principal amounl of Indebtedness secured by the
exceed $6,600,000.00.
Mortgage, not
lncluding sums advsn the socurlB' of the Mortgage,
THIS MORTGA 13, 2025, ls made and oxacuted botmen TM REAL ESTATE HOLOINGS
LLC, an ll
address ls
llity Company (r6fsrsd to below as'Granto/) and MILLENNIUM BANK whoso
GRANT OF
., D6s Plslnss, lL 60016 (refsrred to below as "Lendef).
For valuablo consideration, Grantor mortgages, warrants, and conveys to Lender all
of Gra , and irterest in and to the follo /ing described real property, together with all existing or
or affixed buildings, improvements and fixtures; all easements, dghts of way, andsubseq
appurtena all water, water rights, watercourses and ditch rights (including stock in utilities with ditch or
inigation rights); and all other rights, royahies, and profits relating to the real property, including without
limltation all minerals, oil, gas, geothermal and similar matt€rs, (the "Real Property") located in DuPago
County, Stat6 of lllinois:
Lot G ln the Final Plat of SubdMslon of Oak Brook Commons, being a subdivislon of part of the Southeast
1/4 of Soction 23, Township 39 North, Range 1'1, East of the Thlrd Princlpal ltileridian, according to the
plat theroof rocodod February 5, 2O2O as documsnt no. R2020{12533, and coneclod by conoction
lnstrumont rocordod May 9, 2021, as Documont Numbor R2024-O25636 and crrr€cled by Instrumont
r€cotded Octobs 30, 2024 number R2024{64856, ln DuPage county, Illinok.
Ths Real Property or iG address ls commonly known as 1050 w' 22nd Street, Oak Brook , lL 60523. The
R6al Property tax idsntirication number is 06 23 407 ol9.
CROSS4OLLATERAUZAION. ln addition to the Note, thls Mortgage secures all obligations, debts and
liabilities, plus lnterest thereon, of Grantor to Lender, or any one or moro of lhem, as well as all claims by
Lender against Grantor or any one or more of them, whether now sxisting or hereaffer arising, whether related
or unrelatsd to ths purpose of the Note, whether voluntary or othemlag, whether due or not due, direct or
indlrect, d€termlnsd or undetsrmlned, absolute or cortingent, liquldated !,r unlquidated, wh€ther Grar or may
be llable lndividually or Jolntly with others, whether obligated as guaraitor, surety, accommodation party or
otherwise, and whether recovery upon such amounts may be or horeafler may b€come baned by any statute of
.- Pi i.' gii ":'"i {.!0 4* , '':
'8. - - --:' -- 0 s886 2-
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MORTGAGE
(Continued)Loan No: 1001658 Page 3
and shall not be affected by Lender's acquisition of any interest in the Property, whether by foreclosure or
otherwise.
Nuisanco, Waste. Grantor shall not cause, conduct or permit any nuisance nor commit, permit, or suffer
any stripping of or waste on or to lhe Property or any portion of the Property. Without limiting the
generality of the foregoing, Grantor will not remove, or grant to any other party the right to remove, any
timber, minerals (including oil and gas), coal, clay, scoria, soil, gravel or rock products without Lender\
prior written consent.
Removal of lmprovemenls. Grantor shall not demolish or remove any lmprovements from the Real Property
without Lende/s prior written @nsent. As a condition to the removal of any lmprovements, Lender may
require Grantor to make anangements satisfactory to Lsndor to replace such lmprovements with
lmprovemenb of at least equal value.
Lende/s Right to Er er. Lender and Lendefs agents and representativgs may eflter upon the Real Pmperty
at all reasonable times to attend to Lande/s interests and to inspect the Real Property for purposes of
Grantor's compliance with the terms and conditions of this Mortgage.
Compliance with Govemmental Requiromsnts. Grantor shall promptly comply with all laws, ordinances,
and regulations, now or hereafier in eflect, of all governmental authorities applicable to the uso or
occupancy of the Prop€rty, induding without limitation, the Americans \Mth Disabilities Act- Grantor may
contest in good faith any such law, ordinance, or regulation and withhold compliance during any
Proceeding, including appmpriate appeals, so long as Grantor has nolified Lender in writing prior to doing
so and so long as, in Lendefs sole opinion, Lende/s interests in the Property are not jeopardzed. L€nder
may require Grantor to post adequate security or a surety bond, reasonably satisfaclory to Lender, to
protect LendeFs interest.
Duty to Protecd Grantor agrees neither to abandon or leave unattended lhe Property. Grantor shall do all
other acts, in addition to those acts set forlh above in lhis section, which from the character and use of the
Property are reasonably necessary to protect and preserve the Property.
OUE ON SALE - CONSENT BY IENDER Lender may, at Lende/s option, declare lmmadiately due and payable
all sums seo,rred by this Mortgage upon the sale or kansfer, without Lende/s prior written consent, of alt or
any part of the Real Properly, or any inlerest in the Real Property. A 'sale or transfer' means the @nvsyance
of R6al Property or any right, title or interesl in the Real Property; whether legal, beneflcial or equitable;
whether voluntary or involuntar)4 whelher by outrlght sale, deed, installmonl sale contract, land contract,
contract for deed, leasohold lrtet€st with a term grEater than three (3) years, leasHption contract, or by sale,
assignment, or tansfer of any benelicial interest in or to any land trust holding title to lhe Real Property, or by
any other method of @nveyance of an interest in the Real Property. lf any Grantor is a corporation,
Partnership or limlted liability mmpany, transfer also includes any restructuring of the legal entity (whether by
merger, divislon or othenrvise) or any change in ownershlp of more than twenty-five percent (25%) of lhe
voting stook, partnership inter€sts or limlted llablltly company lntorBs6, as th€ case may be, of such Grantor.
However, thls optlon shall not b€ exerdsed by Lender lf sucfi sxerclse ls prohlbited by federal law or by llllnols
law.
TAXES ANO LIENS.
Mortgage:
The followlng provisions relating to the taxes and llens on the Property are part of lhis
Payment. Grantor shall pay when due (and in all events prior to delinquency) all taxes, payroll taxes,
special taxes, assessments, w"ter charges and sewer service charges levied against or on account of the
Prcperty, and shall pay when due all claims for work done on or for services rendered or material furnished
to the Property. Grsntor shall maintain the Property tree of any liens having priority over or equal to lhe
inlerest of L€nd€r under thls Mortgage, except for those liens specifically agreed to in writing by Lender,
and except for the lien of taxes and assessmentrs not due as further specified in the Right to Contsst
paragraph.
Right to Contest, Grantor may withhold payment of any tax, assessment, or claim in connection wtth a
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MORTGAGE
(Continued)Loan No: 1001658 Page 5
committed to the repair or restoration of the Property shall be used first to pay any amount owing to
Lender under this Mortgage, then to pay accrued interest, and the remainder, if any, shall be apPlied to the
principal balance of the lndebtedness. lf Lender holds any proceeds afler payment in full of the
lndebtedness, such proceeds shall be paid to Grantor as Granto/s interests may appear.
Grantor's R€port on lnsurance. Upon request of Lender, however nol more than once a year, Grantor shall
fumish to Lender a report on each existing policy of insurance showing: (1) the name of the insurer; (2)
the risks insured; (3) the amount of the policy; (4) the property insured, the then current replacemenl
value of suctr property, and the manner of determinlng that value: and (5) the expiration date of the
policy. Grantor shall, upon request of Lender, have an independent appraiser salisfactory to Lender
determine the cash value rBplacement cost of the Property.
LEI{DER'S EXPENOffiJRES. lf any aclion or proceeding is commenced that would materially affect Lendeis
interest in the Property or if Grantor fails to comply with any provision of this Mortgage or any Related
Documents, including but nol limited to Grantois failure to discharge or pay when due any amounts Grantor is
required to disctarga or pay under this Mortgage or any Related Documents, Lender on Grantofs behalf may
(but shall not be obligaled to) take any adion that Lender deems appropriate, including but not limited to
discharging or paying all taxes, liens, security interests, encumbran@s and other claims, at any time lsvied or
placed on the Property and paying all costs for lnsuring, maintaining and preserving the Property. All such
expenditures inci:rred or paid by Lender for such purposes will then bear interest at the rate charged undsr the
Note from the date incuned or paid by Lender lo the date of repayment by Grantor. AII such expenses will
b€como a part ofthe lndebtedness and, at Lendeis option, will (A) be payable on demand; (B) bo added to
the balanco of the Note and be apportioned among and be payable with any installment payments to become
due during either (1) the term of any applicable insuran@ policy; or (2) the remainlng term of the Note; or
(C) be tteated as a balloon payment which will be due and payable at the Note's maturity. The Mortgage also
will secure payrnont of these amounts. Such right shall be in addition to all other rights and remedies to which
Lender may be entitled upon the occunence of any Event of Default.
WARRANTY; DEFENSE OF TITLE. The following provisions relating to ownership of the Property are a part of
this Mortgage:
Titlo. Grantor warranb that (a) Grantor holds good and marketabls title of record to the Property in tue
simple, free and clear of all liens and endJmbrances other than those set forth in the Rsal Property
descrlption or in any title lnsurance policy, title r€port, or final tide opinion issued in favor of, and sccepted
by, Lender in connection with thls Mortgage, and (b) Grantor has the full right, power, and authority to
oxec1 e and deliver thls Mortgage to Lerder.
Defense of nue. Subiecl to the exception in the paragraph above, Grantor waffants and will forever
defend the title to the Property againsl the lawtul clalms of all persons. ln the event any action or
procseding is commenc€d that qu€sffons Granto/s tit€ or the interest of Lender under this Mortgage,
Grantor shall dofend the actlon at Granto/s exp€nse. Grantor may bo the nomlnal party in such
proceeding, but Lender shall bo entl'ded to participate ln the proceeding and to be rspresented in the
procseding by counsel of Lendefs own choice, and Grantor will dellver, or cause to be delivered, to Lender
such Instsuments as Lender may request from time to lime to permil such participation.
Compllancs Urlth Laws. Granlor warrants that the Prop€rty and Granto/s use of the Propeny complies
wtth all odsting applicable laws, ordinances, and regulalions of go\remmental authorities.
Survlval of Representauons and Warranties. Ail representalions, warranties, and agreemenB made by
Grantor in this Mortgage shall survlve the executlon and delivery of this Mortgage, 6hall be continulng ln
naturo, and shall remain ln full force and effect until such time as Granto/s lndebtednsss shall bo paid in
tu[.
CONDEMNATTON. The following provisions relating to condemnation ptoceedings are a part of this Mortgage:
Proceedings. lf any proceoding in @ndemnalion is ffled, Grantor shall promptly notify Lender in wrlting,
and Grantor shall promptly take such steps as may be necessary to defend the action and obtaln the
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resp€ct, sither now or at the time made or furnlshed or becomes false or misleading at any tlms theroafter.
Dehc.tlve Collateralization. This Mortgage or any of the Related Documents ceases to bs ln full force and
effect (includlng failure of any collateral document to deate a valld and p€rfec,ted securlty lnterest or llan)
at any time and for any reason.
Deatt or lnsolvency. The dissolution of Granto/s (regardless of whethsr oloc,tlon to conllnuo h made), any
m6mber wilhdraws ftom the limited liabllity company, or any other terminatlon of Granto/s oxlsl€ncs as a
golng businsss or the death of any member, lhe insolvency of Grantoa, the appointrnsnt of a rec€lver for
any part of Granto/s property, any assignrnent for the bonefit of cfEdirroIs, any type of crodhor workout, or
the commencement of any proce€dlng under any bankruptcy or insolv€ncy laws by or agalnst Grantor.
Crcdltor or Forfofture Procsodings. Commene,emont of foreclosure or forfeifure procaedlngs, whether by
Judicial proceeding, self-holp. repossasslon or any other method, by any crEdttor of Grardor or by any
govemmenial agency agalnsl any property seajring the lndebtedneis. This indudes a gamlshment of 8ny
of Grantofs accounts, including deposit accounts, with Lsnder. However, this Event of Defuuh shall not
aPply if lhers is a good faith disput€ by Grantor as to the validlty or reasonableness of the clslm whlch 18
th6 basis of th€ creditor or forf€lturB proceeding and if Granlor gh/es Lendsr written notlcs of the cr€dltor
or forfelture procesding and deposlts wlth Lendsr monies or a surety bond for the credltor or forfeiture
proceding, in an amount determlned by Lend€r, ln lts sole discretion, as being an adequatB reso]vo or bond
for the dispute.
Broach of Other Agreemonl Any breach by Grantor under the torms of any other agre€menl between
Grantor and Lender that is nol remedied within any grace poriod provided ther€in, including wlthout
limitation any agreement concoming any indebtedness or other obligation of Grantor to Lendar, whether
existing now or later_
Adverse Change. A material adverse change ocGrrs in Granto/s tinanclal condltion, or Lender believes the
prospect of payment or performance of the lndebtedness ls impaired.
lnsecurity. Lender in good faith beli€ves itself insecure.
Evonts Affocting Guarantor. Any of the preceding events occurs with respec-t to any Guarantor of any of
the lndebtodness or any Guaranlor diss or becomes incompetent, or revokss or disputes the validity of, or
liability under, any Guaranty of the lndebtedness.
Rlght to Curc. lf any default, other than a default in payment, is crrable and if Grantor has not been given
a notics of a breach of the same provlslon of this Mortgago within the procoding twelve (12) months, it
may be cured if Grantor, after Lender sends wrltten notice to Grantor demanding orre of such default: (1)
cures the default within flfteen (15) days; or (2) if the cure requirss more than fift€en (15) days,
immediately initiates steps whic-h Lsndsr dsams in L€ndeis sole discretion to be sufficlent to cure the
default and thereafler continues and completes all rBasonablo and nocessary steps sufllclent to pmduce
complianco as soon as reasonably prsctlcal.
RIGHTE AND REt EDIES ON DEFAULT. Upon lhe ocarr€nco of an Ewr( ol Default end et any tlms thersaftor,
Lsnder, at Lendefs opllon, m8y oxerd!. any ons or moto dthe followlng rlghls and rsrn€dle!. ln addttlon to
any other rlghts or r€m€dies pro\rlded by law:
Accolorato lndebtednsss. Lendsr shall havs th€ right at lts optlon wlthout nodco to Grantor to dochrB the
entiro lnd€btredness lmmsdlately dus and payabls. indudlng any pr€payrnor ponafty that Grsntor would bo
raqulrod to pay.
UCC Remedies. Wth respectto all orany part of th6 Personal Prop€rty, Lender shall have all the dghts and
remedlss of a secured party under the Uniform Commercial Code.
Collact Rents. Lender shall haG thJ righi, without notiie to c;;rGJ6 take possession of the Proporty
and collect the R6nls, includlng amounls past duo and unpaid, and apply the net procesds, over and above
Lende/s costs, against tha lndebtBdness. ln furtherance of thls rlght, Londgr may raquire any tenant or
other user of th€ Property to mak€ paymonts of rent or us€ fees dir€ctry to Lender. lf the Rents aro
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Loan No; 1001658 Pago 12
GRANTOR ACKNOWLEDGES HAVING READ ALL THE PROVISIONS OF THIS MORTGAGE, AND GRANTOR
AGREES TO ITS TERMS.
GRANTOR:
TM REAL ESTATE HOLDINGS LLC
By
Michasl A. Manzo, Member &
HOLOINGS LLC
anaqer Of TM REAL ESTATE
bert J. Trusz, Membe
By
HOLDINGS LLC
&ager of TM REAL ESTATE
MORTGAGE
(Continued)
i
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1
lmProvements. The word "lmprovements" means all existing and future improvements, buildings,
structures, mobile homes afrixed on the Real Property, facilities, additions, replacements and other
mnstruction on the Real Property.
lndebtedness. The word "lndebtedness" means all principal, interest, and other amounts, costs and
expenses payable under the Note or Related Documents, together with all renewals of, extensions of,
modifications of, consolidations of and substitutions for the Note or Related Documents and any amounts
expended or advanced by Lender to discharge Granlo/s obligations or expenses incuned by Lender to
enforce Grantofs obligations under this Mortgage, together with interest on such amounls as provided in
lhis Mortgage. Specifically, without limitation, lndebtedness includes all amounts that may be indirecily
secured by the Crosscollateralization provision of this Mortgage.
Lender, The word 'Lender' means MILLENNIUM BANK, its successors and assigns.
Mortgage- The word "Mortgage" means lhis Mortgage between Grantor and Lender.
Nole. The word "Note' means the promissory note dated February 13, 2025, in lhe original pdncipal
amount of $3,300,000.00 ftom Grantor to Lender, together with all renewals of, sxtenslons of,
modifications of, refinancings of, consolidations of, and substitutions for th€ promissory note or agreement.
NOICE TO GRAl.lToR: THE NOTE CONIAINS A VARTABLE INIEREST RATE.
Personal Property. The words 'Personal Property" mean all equipment, fixtures, and other articles of
personal property now or hereafter owned by Grantor, and now or hereafter attached or amxed to the Real
Property; together with all accessions, parts, and additions to. all replacements of, and all substitutions for,
any of such property; and together with all proceeds (including without limitation all insurance proceeds
and refunds of premiums) from any sale or other disposition of the Property.
Property. The word "Properqy'' means collectively the Real Property and the Personal Property.
Real Property. The words "Raal Property' mean the real property, interests and rights, as further described
in this Mortgage.
Relalod Documents. The words'Related Documents'mean all promissory notes, credit agreements, loan
agreements, environmental agreements, guaranties, security agreements, mortgages, deeds of trust,
sacurity deeds, collateral mortgages, and all other instruments, agreements and documents, whether now
or hereafter existing, executed in conneclion with the lndebledness-
Rsnts. The word "Rents' means all present and fufure rents, revenues, income, issues, royalties, prorits,
and other benefits derived ftom the Property.
MORTGAGE
(Continued)
i
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Loan No:1001658 Page 1o
addition to all other sums provided by law.
NOnCES. Any notice required to be given under this Mortgage, Including without limitation any notlce of
default and any notice of sale shall be given in writing, and shall be effective when actually delivered, when
actually received by telefacsimile (unloss otherwise required by law), when deposited with a nationally
recognized ovemight courier, or, if mailed, when deposited in the Unlted States mail, as first class, certified or
ragistered mail postage prepaid, directed to the addresses shown near the beginning of this Mortgag€. All
copies of notices of foreclosure fmm lhe holder of any li6n which has priority over this Mortgage shall bo sent
to Lendeis address, as shown near the beginning of this Mortgage. Any pady may changa lts addrass for
noticos under this Mortgage by giving formal written notlce to the other partles, specirying that the purpos€ of
the nodce ls to ctange the pat/s address. For notice purposos, Grantor agr€es to ke€p Lsndor lnformed at all
times of Granto/s current address. Unless otherwlse provided or required by law, if thero is mors than one
Grantor, any nolice given by Lender to any Granlor is deemod to ba notice givsn to all Grantors.
I|ISCE|J-ANEOUS PROVISIONS. Ths following mlsceltaneous provlslons Er€ a part of thls Mortgaga:
Amondmonts. This Mortgage, together wlth any Related Doclrments, conslihrtes the sntlro unders{andlng
and agreement of the parties as to the matters set forth in thls Mortgage. No alteration of or amendmenl
to lhis Mortgage shall b€ effective unless given in writing and signed by the party or partles sought to be
ctlarged or bound by the altoration or amendment.
Annual Reports. lf the Property is used for purposes other than Grantofs residence, Grantor shall furnish
to Lender, uPon request, a certified statement of net oporallng lncome recolved from the Propsrty during
Granto/s previous fiscal year in such form and dstail as Lendsr shall require. "Net operating income'shall
mean all cash receipts from the Property less all cash expenditures made in connection with the operatlon
of the Property.
Caption Headings. Caption headings in this Mortgage are for conv€nience purposes only and are not to be
used to interpret or define the pro/isions of this Mortgage.
Goveming Law. This Mortgage will bo govomed by fiederal law appllcable to Lender and, to tho extent not
Preempted by federal law, lhe laws of the Stato of lllinois without rsgard to lts conflicts of law provisions.
This lilortgage has been acceptsd by Londsi in tie State ot lllinois.
Choico of Venua. lf there ls a lawsuit, Grantor agrees upon Lende/s request to submlt to th6 Jurisdiction
of ths murts of Cook County, State of lllinols.
l{o Waiver by Londer. Lender shall not b6 doomed to have walvsd any dghts under lhl6 Mortgnge unless
such waiver is glven in wrhing and Blgnod by Lender- No delay or omlsslon on th6 part of Lendor ln
exetcising any right shall operate as a waiver of such right or any other righL A waiver by Lsndsr of a
provision of lhls Mortgage $all not pr€Judice or constthrte a walv€r of LoMer's right otherwlse to demand
stdct compliance with that provlslon or any othar provlslon of thla Mortgag€. No pdor walver by Lerder,
nor any course of dealing between Lendor and Grantor, shall constltute o welver of any of Lendsds dgms
or of any of Granto/s obllgalions as to any fufure transactions. lrvhene\rer th€ conssnt of Lendsr ls
requlrod under this Mortgage, the grantlng of sucfi consent by Lender ln any lnstance shall not constifut€
contlnuing sus€nt to subsequent instances where such cons€nl ls requlred and in all cases such consent
may be granted or withheld in the sol6 discrotion of Lender.
Sevsrability. lf a court of competant Jurlsdlctlon finds any provislon of this Mortgage to bo lllsgal, invalld,
or unenforceable as to any circumstance, that flndlng shall not make ths offending pmvlslon lllegal, lnvalid,
or unenforceable as to any other clrormstance. lf feaslble, tha ofiending provlsion shall be consldered
modlfi€d so that it becomes Isgal, valid and enforceable. lf the offending provlslon cannot be so modifled,
it shall bo considered doleted from lhis Mortgags. Unle6s olh€rwls€ roquired by law, the illegality,
invalidity, or unenforceability of ani proMsion of this Mortgage shall nol affect the legality, validity or
enforceability of any other provision of this Mortgage.
Mergor. There shall be no merger of the interest or €state c'reated by this Mortgage with any other lnterest
or estate ln the Property at any tlme held by or for tha bonefit of Lender in any capaclty, without tho
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MORTGAGE
(Gontinued)Page '13
LIMITED LIABILITY COMPANY ACKNOWLEDGMENT
i
STATE OF
COUNry OF Zak
*D
SS
On this day of before me, the undersigned Notary
. Manzo,rn ber & Manag€r of TM REAL ESTATE HOLDINGS LLC and
Robart J. Trusz, Member & Manager ofTM REAL ESTATE HOLDINGS LLC, and known to me to be m€mbers or
deslgnated agents ofthe limited liability company that execrited the Mortgage and acknowledged the Mortgage
to be lhe tree and voluntary act and deed of the limited liability company, by authority of statute, its arlicles of
organlzation or its operating agreement, for the uses and purposes lherein mentioned, and on oath stated that
they are authorized to execute this Mortgage and in fact exeorted the Mortgaga on behalf of the limited liability
company.
By "42 Residing at
Notary Publlc ln and for the State of
it0SBrE tAl0
t/E.
Publlc State l5IlllnoofM]
LaserPro, Ver. 24.4.2O.O3O Copr. Finastra USA Corporation 1997. 2025.
clcFt\LPL\G03.FC TR-3741 PR-10
All Rights Res€rved. - lL
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Loan No: 1O01658
Public, personally appeared Michael
&z:;.
My commission "rrrn 4p-.21 g. arr7
I
Exhibit 6
TM Real Estate Holdings LLC Articles of Organization (File #12719167 ) that was formed on January 19, 2023. lts
managers are listed as Michael Manzo and Robert Trusz on tittiig#aoos.ilsosoar/tiuiaeis6i{itvsearah.
*,LLC-5.5
Socrutrry ol Strte Aled Glannoulias
Dopartn€nl of Budness SeMces Limiled
Liability Divlsion
www.ibos.gov
lllinois
Limited tiabilfi Company Act
Articles of Olganization FILE # 12719167
FILED
JAN 19 20'13
A16ri Giannoulias
Secr€tary ot Ststo
1 . Umited Liability Company Name:TM REAL ESTATE HOLDINGS LLC
Approved By:DRM
Flling Fee: $150
BR IL
3. The Umited Uability Company has one or more members on the filing date.
4. Registered Agent's Name and Registered ffice Address:
MICHAEL MANZO
2811 35TH ST
oAK BROOK, lL 60s2+2658
5. Purpose hr which the Limited Liability Company is organized:
The fansaction ol any or all lawful hrsiness br which Limiled Liability Companies may be organized under this Adj
6. The LLC is to have perpet,al existence.
7. Name and business addresses of all the managers and any member having the authority ol managen
ruo. tflcHAE_
2EI1 I'sIH ST
OAK Bf,OO( lL AEZ'
IN|JsZ, ROBEFT
312 FElrcU CT
qroi NoDALE [_ dI6
:S. llrme and Addraa of Olgants€r
I atfirm, urder ponaltes oI perjury having authority to sign hereto, that $ese Articles ot Organization are to lh€
of my knorvledge and belief, true, conecl and complete.
Dated: JANUABY 19, 2023 MICITAEL MANZO
zar 1 35TH ST
OAK EEOOI( IL 6(EA'
Thls doclJnEnl was ggnorated eloctonically al ivr'yvr.fuG.gov
2. Address of Principal Place of Business where re@rds of the company will be kept:
Exhi bit 7
Special Vlbrranty Deed dated 211312125fot land refened to as "LOT
https://www.duoaoecountv. oov/
of Oak Brook Commons, as listed on
Ngnohre Page to Special Yarranty Deed - Oak Eruk lat GJ
IN WTINESII WHEREOF, said Grantor has executed this Special Waranty Deed the day and
year first above written.
CRANTOR:
OAK BROOK COMMONS LLC, A m liability
company
Delaware limited
liability company, its m ber
By: Hines Oak B Associates LP, a Texas
Iimited member
Interesls Limited Partrnhip, a Delaware
hip, ils general partner
Name: David R Bach
Title: Managing Director
na,t""t\glbu
STATE OF ILLINOIS
I,
HEREBY
Delaware-l im
limi
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a Notary Public, in and for the County and State aforesaid DO
vid R Bach, the Managing Director of Hines Interests Limited Parhership, a
, as general partner of Hines Oak Brook Commons Associates LP, a Texas
sole member of Hines Oak Brook Commons MM LLC, a Delaware limited liability
member of OAK BROOK COMMONS LLC, a Delaware limited liability company,
to m6 to be the same percon whose name is subscribed to the foregoing instrument,
me this day in person and aclnowledged to me that they signed and delivered said
as the free and voluntary act ofsaid limited liability company and as their own free and voluntary
all
ac! for the uses and purposes set forth therein
GIVEN under my hand urd notarial seal this -[day of February, 2025.
Wajo Ai,u'&dd
Notary Public ll
My Commission expires:
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G8 oEt^^|AEE ot^rZ
lhtrry Publk, ttrt! of ll[nolr
Cormbddi No.97l70t
lry Cdirnlr8lo.i Eelr6 lly 16, 2027
By: Hines Oak Brook
By:
COLINTY OF COOK
\4M lto,757:1
SC}IEDULE I
LEGAL DESCRIPTION
PARCEL I
LOT G IN TTIE FINAL PLAT OF SUBDTVISION OF OAK BROOK COMMONS. BEING A
SUBDIVISION OF PART OF TITE SOU-I{EAST I/4 OF SECTTON 23, TOWNSHIP 39 NORTH,
RANGE I I, EASTOFTT{ETHIRD PRINCIPAL MERJDI,AN. ACCORDINGTO TIIE PLATTHEREOF
RECORDED FEBRUARY 5, 2O2O AS DOCUMENTNUMBERR2O2O-012533, IN DUPAGE COTJNTY,
ILLINOIS, CORRECTION INSTRUMENT RECORDED MAY 9,2024 AS DOCUMENT R2024-
025636, AS AFTECTED BY PLAT OF HIGHWAYS RECORDED JIJNE 3, 2024 AS DOCUMENT
R2024.030386 IN DUPAGE COTJNTY, ILLINOIS.
NON-EXCLUSIVE EASEMENTS FOR T}IE BENEFIT OF PARCEL I AS GRANTED IN TI{E
DECLARATION OF COVENANTS, CONDMONS, RESTRICTIONS AND EASEMENTS FOR OAK
BROOK COMMONS RECOPOED AS DOCUMENT R2020-09E563; SIIPPLEMENT TO TI{E
DECLARATION RECORDED AS DOCI.]MENT R202I.087043, FIRST AMENDMENT RECORDED
AS DOCUMENT R2O2I.II49O6, SECOND AMENDMENT RECORDED AS DOCUMENT R2022.
107492 AND TIIIRD AMENDMENT RECORDED AS DOCTJMENT R2024-O4O2O5 FOR
PEDESTRJAN AND VEHICI,]LAR INGRESS AND EGRESS; PARKING; UTILITIES; LOADING;
VALET PARKING KIOSKS; ENCROACHMENTS AND WINDOW, FACADE AND ROOF
MAINTENANCE OVER AND I.JPON COMMON AREAS AS DEPICTED AND DESCRIBED IN
EX{IBTIS ATTACHED TTIERETO.
ADDRESS: 1050W. 22NDSTREET, OAKBROOKILLINOISPIN: 06-23407419
3
PARCEL 2:
l2
t3
15.
t6
Access to all Ints will be handled by a Declaration document
IDOT Access Note
There shall be no direct vehicular access to 22nd Street from l-ot I nor Lot 4
All oiher access shall be via intemal circulation
Terms, conditions and limitations contained in the No Further Remediation Letter issued bl the
Illinois Environmental Protection Agency and recorded March 6,2020, as document R2020-
023096 in the Public Records.
Terms, provisions and conditions contained in the Covenant Running with the land by and between
Oak Brook Commons, LLC, an Illinois limited liability company, and Flagg Creek Water
Reclamation Distrio, recoded April 30, 2020, as docum entM020442799 in the Public Records
and Covenant recorded May I l. 2020, as document no. R2020-046525 in the Public Records.
Terms, provisions and conditions contained in Iawn Sprinkler Syslem Covenant Running with
Iand reconded June24, 2020, as document R2020-055560 in the Public Recorrds.
Covenants, conditions, restrictions and €asements contained in the Declaration of Covenants,
Conditions, Restrictions ard Easements for Oak Brook Commons. dated August 19,2020, aln,d
recorded September 2, 2020, as document R202G.098553 in the Public Records, and the
Supplement Declaration recorded June 7, 2021, as document R2021-087043 in the Public Records.
First Amendment to Declardion of Covenants, Conditions, Restrictions and Easements for Oak
Brook Commons, recorded July 29,2021, as Document Number R2021-I14906 in the Pubtic
Rscords.
Second Amendment to Declaration of Covenants, Conditions, Restictions and Easements for Oak
Brook Commons, reconded December 13,2022, asDoqtment Number R2022- 107492 in the Public
Records.
Thirrd Amendment to Declaration of Covenants, Conditions, Restrictions and Easements for Oak
Brook Commons, recorded July 16,2024, as Document Number R2024 040206 in the Public
Recorrds.
Easement in favor ofthose public utility companies operating under franchise from the Village of
Oak Brook, i:rcluding but not limited to Commonwealth Edison Company, SBC Telephone
Company, Illinois Bell Telephone Company dba AT&T Illinois, NICOR Gas Company, their
respective licensees, successors and assigns, to install, operate and maintain all equipment
necessary for the purpose of serving the land aad other prope(y, together with the right of access
to said equipmen( and the provisions relating thereto contained in the Plat of Easement recorded
September 2, 2020, as document R2020{9E564 in the Public Records.
Terms, provisions and conditions contained in the Covenant Running with the land recorded
December 17, 2020, as doctment R2020-155790 in the Public Records.
Covenants, conditions and restrictions on the remainder of the shopping center as contained in
Paragraph 3(a) of the Memorandum of l,ease by and b€tween Oak Bmok Commons LLC and
FOGO DE CHAO CHIJRRASCARIA (Oakbrook Illinois) LLC, a Delawarc limited liability
company. recorded lanuary 27 ,2021, as document R2021-013763 in 0re Public Records.
Terms, provisions and conditions of Ordinance 2020-ZO-PW-EX-S- 1608, aa ordinance
approving an amendment to the Oak Brook Commons planned development Ordinance 2019-ZO-
5
l9
14.
17.
18.
Exhibit 8
Purchase price for LOT G is $4.4 Million, as listed for PIN 06-23-407-019 on
httos://propertylookup.dupaoecounty.gov/ after clicking "property transfer history".
219126,1:35PM
Tax
Tax Summary
Tax Payment History
Tax Redemption
Tax Status
Special Assessmonts
Mobile Home
lnlormation
Supervisor of
Assessmenl
Assessed Value
Current
Assessed Value
History
Property Trans[er
History
Exemptions Current
Appeals History
SpliYCombine History
PARCEL NUMBEH: 06-23-407-01 9
NBHD:06
TM FEAL ESTATE HOLDINGS LLC
Tax Year: 2024 (faxes Payable in 2025).
Sales
DuPagc County, IL Properly Tax Information
Parcel Nurnber (PlN) Search Address Search iiap Search BOR Hearings
TM trEAL ESTATE
HOLDINGS, LLC
f2)
Becord Navigator
1of 1
Return to Search Results
faxYear 2O24 Y
I Actions
ONeighborhood Sales
I Printable summary
ElPrintable version
Reports
CSV Export
Estimate ol Fledsmptior
Mobile Home Tax Bill
Properly Tax Fleceipt
Property Tax Bill
Go
COUNTY #: 022
ROLL: RP
1050 w 22ND ST
OAK BROOK
oo.
s3b oale S6h Prce Octred a G6.rd/seler
TYPe
02/1 3t2025 $4.400.000 0T 25008891 oAK BHOOK
COMMONS LLC
Sale Details
General
Profile
Leoal DescriDtion
Map
Y3P rf"9l_
Pictometry
Owner
DuPage County Helpful Links
421 N. County Farm Boad
Wheaton. lL 60187
630-407-6500
General Hours:
I a n1. - 4:3O p.m_
Monday - Friday
Accessibility Slatemeni
Contact Us
Department Directory
Feedback
Freedom ol lnfonnation Act (FOIA)
Meeting Public Comment Form
OTHER
OAK BROOK COMMONS LLC
TM HEAL ESTATE HOLOINGS, LLC
02113D025
o2t14t2025
25008891
Link to DuPage Recorder Search website
$4,,1o0,00o
Other DuPage Agencies
Ctloose DuPage
Employee Credit LInion
Forest Preserve
Health Departn'rent
Veterons' fi,lemorial
Document Type:
Grantor/Seller:
Grantee/Eluyer;
Sale Date:
Recorded Oate:
Sales Typei
State Validity Code:
Document #:
Document Search:
Sale Price:
@r
Tax Adjustment
Home Property Records Board of Flevie\rJ Supervisor of Assessment Clerk
Conveyance History
{:
Exhibit I
The 2024 annual property taxes on PIN #6-23407-019 (1050 W22nd Street, Oak Brook) is $9,529.32, as listed on
https://propertylookup.duoagecounty. govi
7t6l25.l0t48AM DuPagc County,lL Propcrty Tax Informalion
Home Property Records Board of Reviev/ Superuisor of Assessment Clerk
Parcel Number (PlN) Search Address Search l{ap Search BOR Hearings
Fecord Navigator
Tax
Tax Summary
Taxes Due
COUNTY #: 022
EOLL: FP
1050 w 22ND ST
OAK BROOK
o
1of1
Taxes Billed
Felurn to Search Results
laxYear 2O24 vPay Current Taxes
Online
Tax Payment History
Tax Fledemption
Tax Adjustment
Tax Status
Special Assessments
Mobile Home
lnformation
2024 $9,529.32
$9,529.32
i Actions
; ONeighborhood Sales
; ElPrintable summary
6lPrintabte version
Reports
CSV Export
Estimate of Redemptior
Mobile Home Tax Bill
Property Tax Heceipt
Property Tax Bill
Total
Property Tax by Entity
Suparvisor ot
AsaEssmenl
Assessed Value
Currsnt
Assessed Value
History
Propsrty Transfer
History
Conveyance History
Exemptions Current
Appeals History
SpliUCombine History
COLLEGE DU PAGE 502
COUNTY OF DU PAGE
DU PAGE AIRPOFIT AUTH
FOFIEST PRESERVE DIST
GBADE SCHOOL DIST la
HIGH SCHOOL DIST 88
OAK BROOK PARK DIST
YOFIK TOWNSHIP
YOBK TWP ROAD
0.179400
0.136100
o.012200
0.131000
1.765400
1.997700
0.306100
0.044500
0.045100
4.6'17500
$37O.22
$280.88
$25.18
$270.36
s3,643.32
$4,122.74
$631.72
$91.84
$93.06
s9,529.32
Go
Map
Map Mewer
Pictometry
Owner
DuPage County Helplul Links
421 N. County Farm Boad
wheaton. lL 60'187
630-407-6500
General Hours:
8 a.m. - 4:30 p.m.
Monday - Friday
Accessibility Statement
Contact Us
Department Directory
Feedback
Fre€dom ol lntormation Act (FOIA)
Mesling Public Comment Form
i
II
i
I
i
J
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PARCEL NUMBER: 06-23-407.019
NBHD:06
TM REAL ESTATE HOLDINGS LLC
Tax Year: 2024 (Taxes Payable in 2025).
General
Profile
Logal Description
Total:
Other DuPage Agencies
Choose DuPage
Employee Credit Union
Forest Preserve
Health Department
Veterans' Memorial
Exhi I 0
Statement of Economic lnterest filed by Michael Manzo on April 28, 2Q25, as posted on
https:/fu,wrv.dupaoecountv.oov/elected offi cials/recorder/search
I
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ov ,6 o.
3 {' ,'rf, it*\**
Statement of Economic Interests
Filed with the Dulbge County Oerk
lrywr.dupaqeco.orgr/coJnh/ckrk
630"m7-5500
Your Agency
Code Agency
0oo:224 oaK BROOK Vr.rAGE
Your Answers
Status
Required
l. If you have any single asset that was worth more tfnn $10,000 as of the end of the preceding calerdar year and is held in,
or payable b, your name, hdd jointly by, or pa),able to, you with lour spouse, or held joinuy by, or payable to, ya: wlth your
minor drild, list sudr assets below. In the case of invesfinent real eslate, list the city and state where tfle investnent real estate
is located. If ),ou do not have any $dt assets, list 'norE' bdovr/,
AI{s,wER: N/A
2. Exduding the position for whidr ),ou ar€ requircd to file tfiis furm, list the soure of any in@rne in e,(cess of $7,500 ]equired
to be reported during the precediryg calendar year. If you sold an asset that produed more than $2500 in capltal g6lns in the
pre@ding calerdar y€ar, list the name of the asset ard the transactbn daE ofl whk,l the sale or transEr bok dace. If pu had
m such sourcg of income or assets, list 'none" below.
AirswEk N/A
4. List the name of eadr unit of govemment of whidr you or your spouse were an employee, contracbr, or offce holder dunng
the preaeding calerdar year other tflan the unit or unlts of governrnent in relation to whicfi ttE person is required to file and the
ufle of the posiuon or nature of the conEacfual services.
A S ERi OAK BROoK VILTAGE TRUSTEE
5. If )lou maintain an economic relationship with a lobbyist or if a member of )our family is known to )rou to be a lobbyist
registered witl any unit of govemment in the State of Illinois, list the name of the lobbyist belotv and identiry the nature of your
frde
VILLAGE TRUSTEE
tfiilzo, rrcHAEL
Filing Date: 412812025 l0t29tl5
AM
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Group Exhibi t E
'Iheir end goal is to be open before thanksgiving this yeari Schaumburg
Economic Development Director Matt Frank said.
He said there's still enough flexibility in the expected time frame to meet that
goal, even if the project encounters slight delays in getting the tax incentive
approved by the Cook County Board or during construction due to curent
COMD-19 restrictions.
The incentive would effectively cut its property taxes in halfover a l2-year
period.
Blue Martini Lounge is a restaurant and nightclub concept started in Florida 20
years ago. It now has nine locations including Atlanta, Las Vegas and Phoenix.
As part of the Class 7A tax incentive application, trustees Tuesday also
designated the I1,906-square-foot building blighted, as per a study by
consultant Gruen Gruen & Associates.
The large building has been vacant since Ram closed in the fall of2018 after
nearly 19 years ofoperation. The site is not highly visible from major roads and
the smaller, adjacent restaurant building formerly occupied by Sweet Tomatoes
garnered interest only from the U.S. Postal Service, tJre study states.
A Class 7A tax incentive can be granted only by the county board if
recommended by the municipality. The level of assessment is reduce d from 25%
to l0% for the 6rst l0 years, then rises to 15% in year ll and 20% in year 12
before returning to normal.
Given the difficulties in gefting the building reoccupied, the proposal by
Michael Manzo and Robert Trusz has been welcomed by the village staff, Frank
said.
'lhis is a big win for us," he said. "We're excitedl
A $1.2 million upgrade is expected after the pending $1.6 million purchase. The
business plans to employ zl0 full-time and 20 part-time workers.
Related A-rticle
Oct01.20181:0o am
Ram Restaurant in Schaumburg closes
I
Ifr-1
advertirement
1€
tt v E
Martini lounge planned for former Ram restaurant site in Schaumburg
Business
,.
f Posled Mar.h 25, 2O2O 5:OO am
Schaumburg trustees Tuesday recommended a Cook County tax incentive be
granted for a proposed Blue Martini Lounge to rehab and occupy the village's
largest vacant free-standing restaurant building - the former site of Ram
Restauant & Brewery.
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Schaumburg trustees recommended the Cook County Board OK a tax incentive ror a Elue
Martini Lounge at the Ram Restaurant & Brewery building. Paul
Val a de/pva lad e@dai lyh era ld. co n
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Padd0rk Publ;ratiorrs, ln(. is an EmployeE-c $jri(l (0m!any
adverti5ement
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Blue Martini Lounge sites planned for Schaumburg, Oak Brook, Rosemont
This is a rendering of the proposed Blue Martini Lounge in Schaumburg that would be the product o, a $1.2
million improvement ofthe former Ram Restaurant & Brewery building at 1901 Mcconnor PathNay- Couiesy
of Michael Manzo
e Posted March 27, 2020'l:OO am
The investor behind a proposed Blue Martini Lounge in Schaumburg has
released not only renderings of the expected $1.2 million upgrade ofthe former
Ram Restaurant & Brewery building but also news of future expansion into
Oak Brook and Rosemont.
Business
Michael Manzo describes the Blue Martini Lounge concept that was born in
Florida 20 years ago as a restaurant/bar with a Iive entertainment component.
In all three communities hes looking aL he considers it a place where people
lo
I
I
''{il
ialr
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would be able to make both their dinner and after-dinner plans for an evening
out.
"That's the void we're hoping to fiII," Manzo said.
the hoped-for time frame for his plans would see the Schaumburg location at
l90l McConnor Parlo,vay open this November, followed by one next to Gibsons
Steakhouse in Oak Brook in summer 2021and finally one at a yet undetermined
Rosemont site in 2022.
Ifall goes well, only then might he consider turning his siglrts on a Chicago
location, Manzo said.
There are currently nine Blue Martini Lounge locations across the nation,
including in Atlanta, Las Vegas and Phoenix.
though the Rosemont location hasilt been 6xed, Manzo added that he's
definitely leaning toward the new Pearl District at the intersection of Balmoral
Avenue and Pearl Street.
Oak Brook Development Services Director Tony Budizkowski said he's aware of
where a Blue Martini Lounge is being considered, but that his village is not yet
reviewing any formal proposal.
Schaumburg trustees this week unanimously recommended approval of a Cook
County Class 7A tax incentive for the site on McConnor Parlouay, which is still
awaiting its hearing before the Cook County Board.
Ihe 11,9fi)-square-foot building has been vacant since the fall of20l8 when
Ram closed after nearly 19 years ofoperation, and is not highly visible from
major roads.
The tax incentive being sought, intended to make commercial development in
Cook County competitive with t}le collar counties, effectively cuts property
taxes in half over a l2-year period.
the level ofassessment is reduced from 25% to l0% for the first 10 years, then
rises to 15% in year ll and 20% in year 12 before returning to normal.
The proposed upgrade of t}te building is expected after its pending $1.6 million
purchase. The business plans to employ 4O firll-time and 20 part-time workers.
While current COVID-I9 restrictions could have some impact on the Cook
County Board's meeting schedule or the start ofconstruction, there's enough
flexibility in Blue Martini Lounge's expected time frame for it to still meet its
target opening date, Schaumburg Economic Development Director Matt Frank
said.
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After pandemic delays, investors hope to restart Blue Martini lounge projea in
Schaumburg
A rendering ofthe Elue Martini Lounge planned to replace the former Ram Restaurant & Brewery in
Schaumburg. lnvestors hope to startthe pandemic-delayed renovation in eitherlhe fall ot winler Couftesy
of MichaelManzo
f
Business
)
Posted August 31,2o2l 1:Oo am
Investors behind the planned transformation of the former Ram Restaurant &
Brewery near Woodfield Mall into a Blue Martini Lounge are hoping the Cook
County Board will soon decide on a proposed tax incentive to assist the project.
I
fil
I
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Schaumburg officials recommended the Class 7A tax incenhve back in March
2020, but a decision from the county has been pos@oned by the COMD-I9
pandemic.
Project co-investor Michael Manzo now sees the delay as a blessing in light of
the pandemic-related restrictions that would have been imposed on the new
business.
"If we had already been open, it would have been disastrous financially," Manzo
said.
the delay hasnt been pair ess, however. The investors have paid hundreds of
thousands ofdollars in property taxes that have been unmatched by revenues.
But the losses wor:ld have been in the millions had the restaurant and lounge
tried to open during the thick of the pandemic, Manzo said.
At 11,906 square feet, the former Ram building at l90l McConnor Parkway is
Schaumburgs largest free-standing restauant space. Blue Martini Lounge
investors purchased it last year for $1.6 million and planned a major renovation
that was t}ren estimated at $1.2 million.
They now hope to start the renovation, which would take at least six or seven
months, in eitier the last quarter of 2021 or the fust quarter of 2022,Manzo
said.
The county tax incentive, which essentially cuts property taxes in halffor 12
years, is essential to the project s bottom line, he said.
The incentive can be granted only by the county board if recommended by the
municipality in which it would be used. It works by reducing the level of
assessment on the property from 25% to l0% for the fust 10 years, tlen
adjusting it to 15% in year ll and 20% in year 12, before returning to normal.
Blue Martini Lounge is a restaurant and nightclub concept started in Florida 20
years ago. Its nine current locations include Atlanta, Las Vegas and Phoenix.
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Paddork Publa(ations, lnc. is an Employee-owned Company
22006-01 / BLUE MARTINI / l90l McConnor Parkway / Special Use for a Type "A" Restauranr, Site
Plan Amendment, Landscape Variation, Sign Variation and Woodfield Regional Center Design Review
Village of Schaumburg
Zoning Board of Appeals
July 29,2020
Pagelofll
CALL TO ORDER
The meeting was called to order b1'Chairman Harry Raimondi at7:07pfi.
ROLL CALL
Members Present:Chairman Harry Raimondi, James Dolbeare, Rob Morreale, Pat Riley,
Sunil Shah and Glenn Szurgot
Member(s) Absent:
A quorum was present.
Also Present:Ryan Franklin
Planning Manager
Present via Phone:None
Present via Chat: None
Emails Received: None
Swom in for testimony: Martha Dooley
Landscape &
Sustainability Planner
Elizabeth Veatch
Dave Nash
Aria Group Architects
830 North Blvd.
Oak Park, IL 60301
Michael Manzo
Blue Martini
l90l McConnor Pkwy
Schaumburg, IL
Mr. Dave Nash, representing the Petitioner, stated that Blue Martini has been around since early 2000,
mostly in Florida. Currently, they have other locations in Nevada and Arizona. They have one franchisee
in Atlanta and Louisiana. Michael Manzo has become the third franchisee and hopes to open three Blue
Martini restaurants in the Chicagoland area, with Schaumburg being the first to open. He plans to open
one in Oak Brook and Rosemont. Mr. Nash said that Blue Martini is a restaurant concept with an
entertainment aspect to it and later hours of operation. He added that one ol the things that sets them
apart from other concepts such as this is that they cater towards a more refined or older clientele. Their
focus group ranges in age from the mid 30's up into the 60's. Their dress attire is more of a business
casual, golf shirts, dressier slacks, etc. It is not a loud-music-type of estabtishment. The location is the
former RAM Restaurant & Brewery which has been vacant for approximately two years. Mr. Manzo and
his business partners are doing some minor modifications to enhance the property by putting a new finish
on the outside with a plaster material, changing the color and the look as much as they can, while keeping
"the bones and the structure the same." They are proposing to expand the patio on the northeast side of
the building. which formerly contained the silo and brewery equipment. It will have an operable window
system that will allow the indoor and outdoor space to become one for five months out of the year,
Z2006-0\ / BLUE MARTINI / l90l McConnor Parkway / Special Use for a Type "A" Restaurant, Site
Plan Amendment, Landscape Variation, Sign Variation and Woodfield Regional Center Design Review
Village of Schaumburg
Zoning Board ofAppeals
luly 29,2020
Page2ofll
weather permitting. The menu is more of a small-plate type and shared plates and they will have full
alcohol service. The Blue Martini founder based his design off of a Caribbean and Lake Tahoe style
architecture. Mr. Nash said that when they leamed that their plans were not in line with what the Village
would accept, they adapted and found out that it turned out to be a good thing for them. They selected
some sleeker materials and changed some ofthe roof lines to be more linear which give it a cleaner look.
He said that they feel it was a step in the right direction and they appreciated Sta{fs feedback.
While they know that they will not be competing with the higher-end restaurants, they hope to draw that
clientele by providing a place for ente(ainment and a night cap after dinner. Blue Martini will offer them
a place to go. They try to locate in an area that has higher-end restaurants, hotels and business people
who may come after work with co-workers or friends and enjoy themselves. They provide a happy hour
from opening 3pm - 7pm. They offer live entertainment a few nights per week, as well as a DJ. Mr.
Nash said that the music they play is more'70's, '80's, top 40. They'll sprinkle in a little bit of modem
music that might be in the top 40 now. But they stay away from "dance, hip-hop house music styles" of
the younger clubs.
Ms. Martha Dooley stated that the proposed Blue Martini will be located at the former Ram Restaurant &
Brewery. Access to the site is offof McConnor Parkway and is a shared access with what is now the Post
Office building (formerly Sweet Tomatoes). There is a cross-access agreement with the Hyatt Place
Hotel, as well as a shared parking agreement with the hotel that provides 20 parking spaces for the subject
property.
Ms. Dooley said that the Petitioner is proposing to remove seven parking spaces t}rat are curently at the
northeast comer of the building where the silo and the containment equipment were located. They will be
adding a patio in that area. The darker shaded areas on the plans that look like parking lot stalls are
currently landscape islands. The landscape code was modified several years ago to allow for 30 spaces in-
between end islands if the end islands are 10.5' wide or larger. In this case, to bring this site into
compliance with the current code, these landscape islands can be eliminated. They are also proposing to
remove some curb and gutter and replacing the sidewalk along the entrance of the building, as well as
restriping for ADA parking. They will also be adding a pedestrian access from the public sidewalk on
McConnor Parkway.
Ms. Dooley stated that the restaurant will have seated tables and four bar areas, which are located
throughout the restaurant, a raised stage, a DJ booth to the right of the stage bar and two patios. The patio
at th€ southeast corner of the buitding is existing, and a new patio is proposed at the northeast corner of
the building. Blue Martini will have small-plated entrees, soft drinks and a full menu of alcoholic
beverages. It is an age-restricted venue staning at 2l years of age. The hours of operation are Sunday -
Thursday, 3pm - 2am and Friday - Saturday, 3pm - 3am. They will offer live music. On Sundays and
Mondays, primarily on the slower days, there will be solo artists and possibty some duets. On Tuesdays -
Thursdays, they will have medium-size bands (4-piece bands or so). On Fridays and Saturdays they will
have up to a six-piece band. The bands will play three 50-minute sets from 7:30pm - I lpm. The DJ
22006-01 / BLUE MARTINI / I 901 McConnor Parkway / Special Use for a Type "A" Restaurant, Site
Plan Amendment, Landscape Variation, Sign Variation and Woodfield Regional Center Design Review
Village of Schaumburg
Zoning Board of Appeals
luly 29,2020
Page3ofll
comes on at 9pm and plays music during the breaks, as well as comes on full time at I lpm when the live
music stops. The DJ will play music until closing. No live music will be performed outside, but outdoor
speakers will be installed in both patios. The Petitioner will be required to adhere to the noise ordinance
requirements. Ms. Dooley thanked Blue Martini and the Aria Group Architects for working with Staff
and added that the finalized designs are sleek and contemporaryJooking. They did a nice job of updating
the building and conveying the brand of Blue Martini.
Ms. Dooley said that the proposed east elevation will include a new entrance feature in the center and will
project out from the building. lt will have a limestone cladding on it, multi-tiered fascia above it and blue
carpet on the stairs. The arch-shaped stairs will be replaced with linear stairs that are more in line with
the new lines of the building. She said the existing faux windows at the top of the building will be
removed. To the left of the entrance is spandrel glass, which provides privacy for the restrooms that are
behind it. The lower windows will be covered by shutters to help give a "Caribbean" look to the
elevation. To the right of tle entrance, there is a folding-type door, which looks like floor-to-ceiling
windows, that can be opened to enlarge the outdoor patio. Vertical pilasters and the base ofthe building
will be clad with a buff-colored limestone veneer. There is a new metal coping that will be installed on
the roofline. They will keep the existing upJighting, which enhances the elevations ofthe building in the
evening.
Ms. Dooley said that the south elevation is a major elevation of the building. The existing glass-block
panels will remain in place. The overhang which is located under the glass-block windows will be
wrapped with a decorative eyebrow over the overhang. The brick will be stained to match the existing
bricks on the building. The Petitioner is required to have 160 parking spaces and has l6lspaces within
their parking lot. They also have an additional 20 shared parking spaces with the Hyatt.
Ms. Dooley stated that the landscaping is "pinched somewhat" up in the north side ofthe patio wall by the
sidewalk. This is a new variation request. On the right-hand side of that patio, the existing landscaped
area is very narrow. Staff is including this as a variation request for this project because it was not called
out in the enabling ordinance for the RAM Restaurant. She added that the southeast comer of the
building has the same issue and also was a previous variation that was not called out in the enabling
ordinance for RAM Restauant. Therefore, Staff is trying to clear that up with this project. This site has
approximately 557o landscaping overall and is only required to have 20%o. Staff feels that it more than
accommodates for the lack of landscaping by the patio.
Ms. Dooley stated that the Petitioner is requesting to increase the number of wall signs from one to four.
One of the wall signs would be a projecting canopy wall sign on the east elevation. The other proposed
wall signs would be located on the north and south elevations. A patio wall sign on the north elevation is
also proposed. Ms. Dooley said that the Petitioner cites the length and the configuration of McConnor
Parkway and its remote location from the main vehicle corridors as a hardship. It's quite a distance from
Golf Road and cannot be seen from Golf Road. Additionally, if you have customers coming from the
new entertainment area of Schaumburg near the convention center, they'll most likely come off of Roselle
22006-01 / BLUE MARTINI / l90l McConnor Parkway / Special Use for a Type "A" Restaurant, Site
Plan Amendment, Landscape Variation, Sign Variation and Woodfield Regional Center Design Review
Village of Schaumburg
Zoning Board of Appeals
July 29,2020
Page4ofll
Road. As they come south on McConnor Parkway, the Petitioner believes that a sign on that north
elevation would help as a way-finding measure to their property. She noted that in 1999, the Village
Board granted a variation for two wall signs. One was located on the east elevation and one was located
on the south elevation. The proposed protecting canopy wall sign over the main entrance is 43.6 square
feet. Per code, canopy signs must be on the canopy and cannot project. This wall sign would be difficult
to place on the facade of the building because of the extended entrance and the multi-tiered fascia.
Additionally, the wall of the building is not flat enough to adhere the sign in that location. Staff is
supportive of the projecting canopy sign. On the no(h elevation, the Petitioner is requesting a 58.9
square foot wall sign and is also requesting a square Blue Martini sign, which is 38 square feet, on the
patio wall. Staff is supportive of the Blue Martini sign on the upper wall as a way-finding measure. But
Staff feels that the smaller Blue Ma*ini sign can only be seen from people in the parking lot when they
already know where they are. Therefore, Staff is not supportive ofthe patio wall sign. The proposed sign
on the south elevation is 58.9 square feet, and Staff is supportive of that sign. If all four signs were
approved, they would be under the 200 square-foot maximum that the code allows.
Ms. Dooley said that Staff is recommending approval of the overall project with the exception ofthe patio
wall sign.
Telephone Participants
l'here *'ere none.
Email l'articipants
There were none.
Chairman Raimondi asked the Board for their comments.
Mr. Dolbeare stated that he agrees with Staff to deny the patio wall siga.
Mr. Szurgot asked if the existing bike rack will remain on the west side of the property when the building
is completed. Ms. Dooley said yes and added that the Transpo(ation Department feels that it is an
acceptable location. Staff anticipates that it will primarily be used by employees. Mr. Szurgot said that
the plans indicate that a lot of trees will be removed. He asked who inspects the tree removal process
because he said it is not uncommon for businesses to remove trees on the weekends without Village
permission. He would not like to see that happen at this location as it has a lot of mature trees. Ms.
Dooley said that she will be inspecting the tree preservation fencing prior to issuance of any land
development permits for this project to ensure existing trees are preserved. Mr. Szurgot asked about a
Chairman Raimondi asked ifthe public had any questions or concems.
Chat Participants
There rvere none.
22006-01 i BLUE MARTINI / I 901 McConnor Parkway i Special Use for a Tlpe "A" Restaurant, Site
Plan Amendment, Landscape Variation, Sign Variation and Woodfield Regional Center Design Review
Village of Schaumburg
Zoning Board ofAppeals
July 29,2020
Page5ofll
condition on the Staff Report which reads, "Reconfigure the monument sign to alleviate conflicts with
existing trees." Ms. Dooley said that while the monument sign meets code, it is l5 feet tall and there are
some crabapple trees on the north side of that sign. The Petitioner informed her that those trees are
declining. She inspected them and will re-evaluate the condition of those trees when the Petitioner
applies for their permits. Mr. Szurgot asked what type of food will be served. Mr. Michael Manzo,
owner ofthe restaurant and property, stated that as it stands right now, the menu will include fish, salads,
appetizers and dishes that can be shared. Mr. Nash referred to the submitted menu and added that they
will also be serving lamb chops, tuna, beef tenderloin, chicken, flat breads, etc. Mr. Szurgot asked for
clarification on what type of parking lot work rvill be completely re-done. Mr. Nash said that they plan to
re-seal and re-stripe the parking lot with the intention to make it look new. He stressed that they will
definitely repair any part ofthe parking lot that may need repairs. Mr. Szurgot asked what the intent was
for the patio wall sign. Mr. Nash it was more for aesthetics, a break to the wall and for the logo. Mr.
Szurgot wished the Petitioner good luck and hopes that their business will be successful.
Mr. Morreale stated that his question about the patio sign had been answered and added that he really
likes the drawings ofthe building and wished the Petitioner good luck.
Mr. Shaw stated that he likes the proposed plans and feels that Blue Martini will be a great addition to
Schaumburg and wished the Petitioner good luck.
Mr. Riley stated that he agrees with Staff about denying the patio sign. He added that the other three
signs are "absolutely essentia[" for Blue Martini to be easily identifiable.
Chairman Raimondi stated that he also agrees with Staff to deny the patio wall sign. He asked if the brick
limestone veneer will be installed over the existing brick. Mr. Nash said yes. Chairman Raimondi said he
is pleased with the new look of the building and added, "It looks very good." He asked Mr. Nash if he is
agreeable to all the conditions on the Staff Report. Mr. Nash said yes and added that they have addressed
most ofthe conditions already as they are preparing to apply for permits.
PUBLIC IIEARING CLOSED
Mr. Szurgot made a motion, seconded by Mr. Dolbeare, to close the hearing MOTION CARRIEI)
Mr. Szurgot made a motion, seconded by Mr. Riley, to recommend gpp;pygl of a Special Use for a Type
"A" Restaurant, Site Plan Amendment, Landscape Variation, Sign Variation and Woodfield Regional
Center Design Review for Blue Martini located at l90l McConnor Parkway, Case No. 7-2006-01, and
denial ofthe patio wall sign, subject to the following conditions:
l. A Land Development Permit is required. The Land Development permit is separate from the Building
permit and includes landscaping and site lighting (no electrical). Separate applications and plan ses
are required.
22006-01 / BLUE MARTINI / I 901 McConnor Parkway / Special Use for a Type "A" Restaurant, Site
Plan Amendment, Landscape Variation, Sign Variation and Woodfield Regional Center Design Review
Village of Schaumburg
Zoning Board of Appeals
July 29,2020
Page6ofll
2. A Project Security is required. The security is based on the engineer's estimate of probable
construction costs as approved by the village, and includes landscaping and site lighting (no
electrical). The security may be in the form of a bond or a Letter of Credit.
3. Prior to the issuance ofa Land Development Permit, the engineering plans shall be revised to include
the following: Verify the quantity of light pole replacements. The schedule does not appear to match
the plan.
4. Prior to the issuance of a Land Development Permit the landscape and tree preservation plans sha[[ be
revised to include the following:
a. Illustrate the tree preservation fence limits around trees and plantings within the construction area
such as pavement removal and replacement; fencing shall be installed at the periphery of the drip
line of the tree or at a distance of one foot for every caliper inch as measured at twelve inches
above the established ground level, whichever is greater. Fencing shall remain around existing
plantings during construction.
b. Illustrate the properly line on the Tree Preservation and Landscape Plans.
c. Provide a landscape data box on the landscape plans that includes the following information:
l. The total area in square feet ofthe lot or tract to be developed.
2. The percentage of green space required and provided.
3. The square feet and percentage of landscape area between the building(s) and any public or
private street.
4. The total number of trees required and provided including their type; either shade, evergreen
or omamental.
5. The total number of shrubs required and provided including their type; either evergreen or
deciduous.
6. The required bufferyards including the size ofthe bufferyard and the quantity of required and
provided trees and shrubs.
d. Illustrate the location of the fire department connection and provide a paved surface to the
connection.
e. For future inspection purposes, identify and label all existing plant material with the plant name or
a plant symbol, and the quantity of plants. Plant sizes are not needed. These plants should be
located in a plant list ofexisting plant material.
f. Provide a detail ofthe green wall and planting.
g. Revise the landscape planting around the proposed monument sign to include shrubbery around
the base of the sign that will provide year round screening of the foundation. The shrubbery
should obtain a height no greater than 5' in height in order to see the lettering on the sign.
22006-01 / BLUE MARTINI / l90l McConnor Parkway / Special Use for a Type "A" Restaurant, Site
Plan Amendment, Landscape Variation, Sign Variation and Woodfield Regional Center Design Review
Village of Schaumburg
Zoning Board oiAppeals
July 29,2020
PageTofll
h. Provide shrubbery along the fagade north of the entry to provide year round screening of the
loundation.
i. Remove the Prairie Dropseed proposed near the fire hydrant. Three to seven feet of clear area
consisting ofturfor shredded hardwood bark mulch shall be maintained around all fire hydrants.
j. Provide fourfull size sets of all landscape sheets at the time of Land Development Permit review.
k. Provide an itemized landscape cost estimate at the time of Land Development Permit review. The
estimate shall include an itemized listing for each plant, all mulched areas, tud hardscape, tree
removals, site fumishings, etc.
5. If new rooftop mechanical units are required, they shall be completely screened from view through the
use of parapet walls or other screening compatible with the design and materials ofthe building.
6. Reconfigure the monument sign to alleviate conflicts with existing trees.
7. Prior to the issuance of a building permit, the petitioner shall submit a Solid Waste/Recycling Plan to
the Community Development Department for approval. Consult with your waste hauler as to what
materials you generate tiat may be taken out ofthe waste stream and recycled.
8. The floor plan has been accepted as preliminary. The plans will receive a more detailed review during
building permit review.
9. A state certified food manager shall be onsite at all times while potentially hazardous food is being
prepared. Multiple certified food managers shall be required.
10. A liquor license will be required.
I l. The petitioner may designate an outdoor area for their patrons to smoke. This area shall be 15 feet
from the doors, windows, and ventilation systems. An ashtray needs to be placed in this area.
12. Provide a Knox box at the front entrance and sprinkler room.
13. Illustrate the location of the fire department connection. National standard threads are required on the
Siamese connection.
14. Provide 2 Knox locking caps for the fire department connection.
15. Sprinklers are required under exterior canopies exceeding 4' in width, except where the canopy or
roof is of noncombustible materials.
16. All fire alarms shall be addressable and installed per NFPA 72.
17. Provide a clear lens for exterior listed visual device at the building entrance, and audio-visual device
above the fire department connection.
18. Maintain clearance of 78" in height in front of wall mounted fire department equipment.
19. All fire alarm systems shall be monitored directly by Northwest Central Dispatch via wireless
transceiver.
22006-01 / BLUE MARTINI / l90l McConnor Parkway / Special Use for a Type "A" Restaurant, Site
Plan Amendment, Landscape Variation, Sign Variation and Woodfield Regional Center Design Review
Village of Schaumburg
Zoning Board of Appeals
July 29,2020
Page8ofll
20. The Fire and Transportation Departments shall be contacted to designate fire lanes.
21. All work on fire safety systems requires separate permits.
22. Submit one set ofsprinkler plans, one set ofcut sheets and one set ofhydraulic calculations for review
and approval.
23. Submit one set ofplans illustrating the location ofthe manual fire alarm system, one set of cut sheets
for appliances and one set of battery calculations.
24. Submit one set of UL 300 extinguishing agent plans, one set of cut sheets for the hood and duct
system, and one set ofproduct calculation for review and approval.
25. At the time of Building Permit submittal, denote the door sizes on the plan or provide a door schedule
to ensure they meet the minimum requirements for passage and egress.
26. The north and south elevations have been switched and should be renamed.
27. The following plans, exhibits and documents shall be adopted as part ofthe goveming ordinance:
a. Architecture Title Sheet, Sheet Tl . I, prepared by Aria Group, dated May 25, 2020, revised on July
6,2020 and received by the Community Development Department on July 6, 2020.
b. ALTAA{SPS Land Title Survey, Sheet T1.2, prepared by Aria Group, dated May 25, 2020,
revised on luly 6, 2020 and received by the Community Development Department on July 6,
2020.
c. Existing Floor Plan of RAM Brewery, Sheet T1.3, prepared by Aria Group, dated May 25, 2020,
revised on July 6, 2020 and received by the Community Development Department on July 6,
2020.
d. Existing Exterior Phots, Sheets Tl.4 and T1.5, prepared by Aria Group, dated May 25,2020,
revised on luly 6,2020 and received by the Community Development Department on July 6,
2020.
e. Floor Plan, Sheet Al.l, prepared by Aria Group, dated May 25,2020, revised on July 6,2020 and
received by the Community Development Department on July 6, 2020.
f. Dimension Floor Plan, Sheet Al.la, prepared by Aria Group, dated May 25,2020, revised on July
6,2020 and received by the Community Development Department on July 6, 2020.
g. Exterior Elevations, Sheets A4.l and A4.2, prepared by Aria Group, dated May 25,2020, revised
on July 6, 2020 and received by the Community Development Department on July 6, 2020.
h. Exterior Elevations Daytime, Sheets A4.3 and A4.4 , prepared by Aria Group, dated May 25,
2020, revised on July 6, 2020 and received by the Community Development Department on July
6,2020.
i. Details, Sheet A4.5, prepared by Aria Group, dated May 25, 2020, revised on luly 6,2020 and
received by the Community Development Department on July 6,2020.
2,2006-01/ BLUE MARTINI / l90l McConnor Parkway / Special Use for a Type "A" Restaurant, Site
Plan Amendment, Landscape Variation, Sign Variation and Woodfield Regional Center Design Review
Village of Schaumburg
Zoning Board of Appeals
July 29,2020
Page9ofll
j. Material Sample Board-Digitat, Sheet 44.6, prepared by Aria Group, dated July 6, 2020 and
received by the Community Development Department on July 6,2020.
k. Material Sample Board-Actual, prepared by Aria Group, dated July 6,2020 and received by the
Community Development Department on July 6, 2020.
l. Nanawall Product Drawings - Cover Sheet, Sheet I of 7, prepared by Nanawall, dated June 30,
2020, received by the Community Development Depanment on July 6,2020.
m. Nanawall Product Drawings - Details, Sheets 2,3,4,5,6,and7 of 7, prepared by Nanawall, dated
June 30, 2020, received by the Community Development Department on July 6, 2020.
n. Portable Trus-T-Lift (Wheelchair Lift) - Installation Instructions, Sheets l-6, prepared by Trust-T-
Lift, received by the Community Development Department on July 6,2020.
o. Civil Title Sheet, Sheet T-1.0, prepared by WT Group, dated May 25, 2020, revised on July 6,
2020 and received by the Community Development Department on JuJy 6,2020.
p. Site Demolition Plan, Sheet C-l.0, prepared by WT Group, datedMay 25,2020, revised on July 6,
2020 and received by the Community Development Department on July 6,2020.
q. Site Geometric Plan, Sheet C-2.0, prepared by WT Group, dated May 25,2020, revised on July 6,
2020 and received by the Community Development Department on JuIy 6,2020.
r. Site Development Plan, Sheet C-3.0, prepared by WT Group, dated May 25, 2020, revised on July
6,2020 and received by the Community Development Department on July 6,2020.
s. Construction Details, Sheets C-3.1 and C-3.2, prepared by WT Group, dated May 25, 2020,
revised on July 6,2020 and received by the Community Development Department on July 6,
2020.
t. Site Grading Plan, Sheet C4.0, prepared by WT Group, dated May 25,2020, revised on July 6,
2020 and received by the Community Development Department on July 6,2020.
u. Stormwater Pollution Prevention Plan, Sheet C-5.0, prepared by WT Group, dated May 25,2020,
revised on July 6,2020 and received by the Community Development Department on July 6,
2020.
v. Stormwater Pollution Prevention Details, Sheet C-5.1, prepared by WT Group, dated May 25,
2020, revised on July 6, 2020 and received by the Community Development Department on July
6,2020.
w. Project Specifications, Sheets C-6.0 and C-6.1, prepared by WT Group, dated May 25,2020,
revised on JuJy 6,2020 and received by the Community Development Department on July 6,
2020.
x. Site Circulation Plan, Sheet CIR-I.0, prepared by WT Group, dated May 25, 2020, revised on July
6,2020 and received by the Community Development Department on July 6,2020.
22006-01 / BLUE MARTINI / I 901 McConnor Parkway / Special Use for a Type "A" Restaurant, Site
Plan Amendment, Landscape Variation, Sign Variation and Woodfield Regional Center Design Review
y. Proposed Lot Coverage, Sheet EX-1.0, prepared by WT Group, dared May 25,2020, revised on
July 6,2020 and received by the Community Development Department on July 6, 2020.
z. Topographic Survey, Sheet SUR-1, prepared by WT Group, dated April 30,2020, revised on June
26,2020 and received by the Community Development Department on July 6, 2020.
aa. Photometric Plan, Sheet EPl.l, prepared by WT Group, dated May 15,2020, revised on July 6,
2020 and received by the Community Development Department on July 6,2020.
bb. Tree Preservation Plan, Sheets Ll0l and L102, prepared by Dowden Design Group, dated July 6,
2020 and received by the Community Development Department on July 6, 2020.
cc. Landscape Plan, Sheets Ll03 and L104, prepared by Dowden Design Group, dated July 6, 2020
and received by the Community Development Depanment on July 6,2020.
dd. Exterior Signage Cover Sheet, prepared by Comet Neon, Inc., dated luly 6, 2020 and received by
the Community Development Department on July 6,2020.
ee. Signage Site Plan, prepared by Comet Neon, Inc., dated July 6,2020 and received by the
Community Development Department on July 6,2020.
ff. South Elevation Wall Sign, prepared by Comet Neon, Inc., dated July 6,2020 and received by the
Community Development Department on July 6, 2020.
gg. East Elevation Canopy Sign, prepared by Comet Neon, Inc., dated July 6,2020 ar.d received by
the Community Development Department on July 6, 2020.
hh. North Elevation Wall Sign, prepared by Comet Neon, Inc., dated luly 6,2020 and received by the
Community Development Department on July 6, 2020.
ii. North Elevation Patio Wall Sign, prepared by Comet Neon, Inc., dated July 6,2020 and received
by the Community Development Department on July 6,2020.
jj. Monument Sign, prepared by Comet Neon, Inc., dated July 6, 2020 and received by the
Community Development Department on July 6, 2020.
kk. Monument Sign Specifications, prepared by Comet Neon, Inc., dated July 6, 2020 and received by
the Community Development Department on July 6,2020.
MOTION CARRItrD: vote: 6-0 with one member(s) absent and two vacancies
Mr. James Dolbeare - Yes
Mr. Rob Morreale - Yes
Mr. Hary Raimondi - Yes
Mr. Pat Riley - No
Mr. Sunil Shah - Yes
Mr. Glenn Szurgot - Yes
Ms. Elizabeth Veatch - Absent
A poll was taken:
Village of Schaumburg
Zoning Board ofAppeals
Iuly 29,2020
Page l0 of I I
22006-01/ BLUE MARTINI / l90l McConnor Parkway / Special Use for a Type "A" Restaurant, Site
Plan Amendment, Landscape Variation, Sign Variation and Woodfield Regional Center Design Review
Village of Schaumburg
Zoning Board of Appeals
July 29,2020
Page ll ofll
The Petitioner was advised lhol lhis recommendalion will be lorwarded to lhe Village Board for
consideralion at the meeling on Tuesday 8/1 l/20.
ADJOT]RNMENT
The meeting was adjourned at7:57pm.
Martha Dooley, Landscape & Sustainability Planner
I have reviewed the minutes, and they accurately
represent the actions taken by the Zoning Board of
Appeals
Mary Kirschbaum, Secretary
Zoning Board ofAppeals
A RESOLUTION APPROVING AND AUTHORIZING A 74 CI,ASSIIICATION FOR I9OT
MCCONNOR PARKWAY, SCHAUMBURG, ILLINOIS
(BLUE MARTINI LOT]NGE)
WHEREAS, the corporate authorities of the Village of Schaumburg desire to promote and
preserve commercial uses in the Village; and
WIIEREAS, the corpomte authorities have received a request from Blue Martini Lounge to
support and consent to the filing ofan application for a Class 7A Tax Incentive for the property located at
l90l McConnor Parkway, in Schaumburg, Illinois, part of Permanent Parcel No. 07-12402-012-0000
and 08-07-301-01 1-0000 (the "Property") with a legal description of:
PARCEL I:
T1IAT PART OF LOT 2, LYING IN SCHATIMBURG TOWNSHIP, IN WOODFIELD VILLAGE GREEN
FIRST RESUBDTVISION OF LOT 3 IN WOODFIELD VILLAGE GREEN WOODFIELD _ 76
SUBDTVISION OF PART OF SECTION 12, TOWNSHIP 4I NORTH, RANGE IO EAST OF THE THIRD
PRINCIPAL MERIDIAN, IN COOK COUNry, ILLINOIS.
PARCEL 2:
TIIAT PART OF LOT 2, LYING IN ELK GROVE TOWNSHIP, IN WOODFIELD VILLAGE GREEN
FIRST RESUBDIVISION OF LOT 3 IN WOODFIELD VILLAGE GREEN WOODFIELD 76
SI,'BDIVISION OF PART OF SECTION 7, TOWNSHIP 4I NORTH, RANGE 11 EAST OF THE TI{IRD
PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS.
WHEREAS, the primary tenant, Blue Martini t ounge, intends to use the property for
commercial purposes.
WHEREAS, the corporate authorities have received information, letters and testimony regarding
said request, including an Economic Disclosure Statement in accordance with the Cook County Board.
WHEREAS, the Village is willing to assist Blue Martini Lounge in receiving the Class 7A Tax
trcentive for the Subject Property, provided the Village receives certain assurances from Blue Martini
Lounge relating thereto, given that the continued operation of Blue Martini Lounge's business in the
Village should be beneficial to the economic vitality of the Village, as more specifically set forth in the
Development Agreement attached hereto as Exhibit A and made part hereof (the "Development
Agreement"); and
WEEREAS, Blue Martini Lounge will invest a minimum of one million and two hundred
thousand dollars ($1,200,000.00) in additional capital improvements to the Facility by December 31,
2020.; and
WHEREAS, Blue Martini Lounge will support Schaumburg civic agencies including, but not
limited to, the Schaumburg Business Association, Harper College, Roosevelt University and Meet
Chicago Northwest, for the term of the 7A Incentive.; and
WIIEREAS, Btue Martini Lounge, on an annual basis, provide the Village with the number of
employees at the Facility, aloug with documentation from the Cook County Assessor and the Company
that depicts the land value and all line item improvements associated with the Subject Property and the
Facility, as well as the new replacement cost (i.e., the Addition's market value) assigned to the Subject
Property and the Facility by the Cook County Assessor;
RESOLUTION NO. R-20 -
WHEREAS, Blue Martini Lounge will have a minimum of forty (40) full-time employees by
Decemb€r 31, 2020 that is located on the Subject Property (the "Facility") and is to be maintained for the
term ofthe 7A Incentive; and
RESOI,UTION NO. R.2O .
A RESOLUTION A"PROYING AND AUTHORIZING A 7A CLASSIFICATION FOR 19OI
MCCONNOR PAXKWAY, SCHAUMBURG, ILLINOIS
(BLUE MARTIM LOUNGE)
NOW, THEREFORE, BE IT RESOLVED BY THE PRESIDEn*T AND BOARD OF TRUSTEES
OF THE VILLAGE OF SCHAUMBURG:
SECTION ONE: The Village of Schaumburg hereby supports and consents to the filing of an
application for a Class 7A classification for the Property.
SECTION TWO: The Village of Schaumburg finds that it is necessary for development to
occur on the property that the property be classified as 7A and that it supports and consents to a 7A on the
property.
SECTION TIIREE: That the Development Agreement (Exhibit A) is hereby approved, and the
Village President is hereby authorized and directed to sign same on behalf ofthe Village.
SECTION FOIIR: That, in the event the Company does not comply with the terms of the
Development Agreement, the Village may request that the Cook County Assessor terminate the Class 7A
Tax Lncentive for the Subject Property.
SECTION FIVE: That, in the event the Company does not comply with the terms of the
Development Agreement, the Village may require that the Company pay to the Village the difference
between what the Company would have paid in real estate taxes, had the Class 7A Tax lncentive not been
granted, and what the Company actually paid in real estate taxes with the Class 7A Tax Incentive, as
provided for in the Development Agreement.
SECTION SIX: That the Village Clerk shall certi! a copy ofthis Resolution and send a certified
copy to the office of the Assessor ofCook County.
SECTION SEVEN: This Resolution shall be in full force and effect upon passage as required
AYES:
NAYS:
ABSENT:
PASSED AND APPROVED this _ day of 2020.
ATTEST:
Village Clerk
by law.
Village President
Group Exhibit G
OFFICE OF THE ATTORNEY GENERAL
STATE OF ILLINOIS
KWAN'E RAOIiT-
.\t tol{NI:Y (,t,N1 liru
September 24, 2025
Via electronic mail
Mr. Donald Adler
dadle19093@aol.com
Via electronic mail
Mr. Greg Summers
Village Manager
Village of Oak Brook
1200 Oak Brook Road
Oak Brook, Illinois 60523
gsummers@oak-brook.org
RE: OMA Request for Review 2025 PAC 87330;2025PAC87702
This determination is issued pursuant to section 3.5(e) of the Open Meetings Act
(OMA) (5 ICS 120/3.5(e) (West 2024)). Because the two above-referenced Requests for
Review both pertain to The Sports Core, a multipurpose recreational center owned and operated
by the Viltage of Oak Brook (Village), this office has consolidated the two matters.
BACKGROUND
On June 10, 2025,Mr. Donald Adler submitted a Request for Review (2025 PAC
87330) to the Public Access Bureau alleging that the Village's Sports Core Advisory Committee
(SCAC) has a "subcommittee," and that this group has not adhered to OMA's requirements. Mr.
Adler explained that the SCAC is a resident advisory committee that advises the Village's Board
of Trustees (Board), and that the SCAC was currently reviewing a proposal by a service provider
to expand the scope of its services at a clubhouse within The Sports Core. He asserted that the
group at issue "was appointed by the Village President which has met and reviewed the proposal
along with other potential funding altematives for updating and renovating the B&T Clubhouse
5fl1 Sdlrh 2nd Slreet
Spnnglietd, lllinois 621)l
(:17) 782-1090. fax. {217) 78?-7046
I l5 $urh I alkll. slrEd
Cli.!go. minois 606,03
(,t l?) 8l+]0m. Fa)c (il2) 814-3506
17.15 Innolslim Drivc, Suir. C
C$bondale. Illrnoi: 6290i
{6ls) 529{4{n. Fa\: (618) 5294{16
fdilidusls Nidr hcarin-e or rFcch disbiliries can n:ach u\ b-v usirg the 7- l - l rclar- s.r! i.e
r!$1r lllinois^irorfl .ycenEml go!
Dear Mr. Adler and Mr. Summers:
Mr. Donald Adler
Mr. Greg Summers
September 24,2025
Page 2
as well as its related swim and tennis facilities."l Mr. Adler contended that the group is a "public
body" under OMA and that the group met sometime after the SCAC's April 29,2025, meeting
without adhering to OMA's requirements. He included a copy of his communications with the
Village Manager conceming the SCAC and the group.
On June 20, 2025, this office forwarded a copy ofthe Request for Review to the
Village and asked it to provide a written response to Mr. Adler's allegation that the group
advising the SCAC is a "public body" and therefore required to abide by OMA. On luly 7 , 2025,
this office received the response. On July 8, 2025, this office forwarded a copy of the Village's
response to Mr. Adler; he replied on July 13, 2025.
On June 25, 2025,Ml Adler submitted an additional Request for Revi ew (2025
PAC 87702) alleging that the SCAC held meetings on April 29,2025, and May 21, 2025, which
were attended by some Board members. He contended that these meetings also constituted
meetings ofthe Board because a quorum ofBoard members attended both meetings, and at least
two trustees, who are Board liaisons to the SCAC, "engaged in substantial discussions of 'Village
Business' in those meetings."2
On July 10, 2025, this office forwarded a copy of this Request for Review to the
Village and asked it to provide a response addressing whether the SCAC meetings held on April
29,2025, and May 21,2025, also constituted meetings ofthe Board. On July 21,2025,this
office received the requested response. On July 28, 2025, this office forwarded a copy of the
Village's response to Mr. Adler; he replied on August 18, 2025.
This oflice subsequently requested from the Village copies ofany recordings or
notes of the meetings in question. Counsel for the Village provided recordings and draft minutes
of the April 29,2025, and May 21, 2025, meetings at issue in 2025 PAC 87702, and indicated
that there were no notes or recordings ofthe meetings at issue in 2025 PAC 87330.
D}]'TER}IIN.4.'tIO\
rE-mail from Donald N. Adler to [Christina McCullough] (May 27 , 2025).
2E-mail from Donald N. Adler to Teresa Lim, Deputy Bureau Chief, Public Access Bureau, Office
of the Atiomey General, State oflllinois (June 25, 2025).
Officc ofrhe Illinois Attorncy General
"In order that the people shall be informed, the General Assembly finds and
declares that it is the intent of [OMA] to ensure that the actions ofpublic bodies be taken openly
and that their deliberations be conducted openly." 5 ILCS 120/l (West 2024).
Mr. Donald Adler
Mr. Greg Summers
September 24,2025
Page 3
"Meetings" subject ro oMA (2025 PAC 87702)
For the requirements of OMA to apply, a gathering must constitute a "meeting" as
de{ined by section 1.02 of OMA (5 ILCS 120/1.02 (West 2024)):
"Meeting" means any gathering, whether in person or by video or
audio conference, telephone call, electronic means (such as,
without limitation, electronic mail, electronic chat, and instant
messaging), or ot}ler means of conlemporaneous interactive
communication, of a majority of a quorum of the members of a
public body held for the purpose ofdiscussing public business[.]
In its response to this office, the Village stated that the Board is comprised of
seven members. Accordingly, four members of the Board comprise a quorum, and a majority of
the quomm is tkee members. Therefore, a gathering in which at least three members of the
Board discuss "public business" would ordinarily constitute a meeting of the Board that would be
subject to the procedural safeguards and requirements of OMA.
The mere presence of a majority of a quorum of a public body's members at a
gathering does not trigger the requirements of OMA. See Universily Professionals of Illinois v.
Stukel,344Ill. App. 3d 856, 868 (2003) (acknowledging that OMA is not "triggered every time
public officials meet and converse"). "Rather, the Act is designed to prohibit secret deliberation
and action on business rvhich properly should be discussed in a public forum due to its potential
impact on the public." People ex rel. Difanis v- Ban,83lll.2d I9l,202(1980).
The Office of the Attomey General has stated, "whether a gathering falls within
the definition of meeting as used in the Act, would depend upon the peculiar facts in each
situation." 1974 Ill. Att'y Gen. Op. No. 5-726, issued March 22, 1974, at7. "In theory, there is
no absolute prohibition against the members ofa public body attending an 'informational
meeting' without triggering the application of' OMA, as long as the members do not make
"Id]eliberational satements" or engage in "unrecorded discussions" amongst themselves. Ill.
Att'y Gen. Op. No.95-004, issued July 14, 1995,at l0-l l. In that opinion, the Attomey General
concluded that the "mere fact that a majority of a quorum ofthe members ofa public body aftend
and participate in a bona fide presentation on new legislative developments in an area ofpublic
concem" did not make the presentation subject to OMA, but the extensive discussions ofpublic
business by members of two county boards during the presentation did trigger the requirements
of OMA. (Emphasis in original.) Ill. Att'y Gen. Op. No. 95-004, at 10-l l. Lr addition, the
requirements of OMA apply not only to those gatherings in which public bodies attempt to reach
an accord or take formal actions, but also to gatherings where there are discussions ofpublic
business for the purpose ofcollecting information. Ill. Att'y Gen. Pub. Acc. Op. No.23-003,
issued March 1,4,2023, at 6-7 (determining that a board improperly held a meeting without
Office of thc tllinois Atlomey General
Mr. Donald Adler
Mr. Greg Summers
September 24,2025
Page 4
following OMA's requirements where a majority of a quorum of the board gathered and
exchanged information on issues of board business during a "Meet and Greet" gathering).
The Village denied that the SCAC's April 29,2025, and May 21,2025, meetings
also constituted meetings of the Board. The Village stated that the SCAC is comprised of eight
members, who are Village residents, and that the SCAC "was tasked with reviewing and
discussing potential funding options for the capital needs of the Vitlage's sports facilities."sa The
Village firrther stated that rwo trustees, Melissa Martin and Michael Manzo, aftended and
participated in the two meetings. The Village acknowledged that a few other Village officials
also attended. Specificalty, President Larry Herman and Trustee Naveen Jain submitted
affidavits acknowledging that they altended the April29,2025, and May 21,2025, meetings, but
averring that they did not participate in the meetings or engage in conversations with Trustees
Martin or Marzo. Trustee Edward Tiesenga also acknowledged attending the Apil29,2025,
meeting but averred that he did not participate in the meeting or engage in conversation with
Trustees Martin or Manzo. The Village explained that the trustees aftended because of the high
community interest in the mafter.
In reply to that answer, Mr. Adler maintained that the two meetings were also
meetings of the Board based on the presence of a majority of a quorum of members. He
described his observations ofthe discussions at the meetings and contended that, even if only
Trustees Martin and Manzo engaged in the verbal discussion, "a member is also participating in
the deliberation wben they are listening to the discussion."5
The draft minutes ofthe April 29,2025, and May 21,2025, meetings indicate that
Trustees Martin and Manzo attended and made comments; the minutes do not reflect that
President Herman or any other trustees participated in the discussions. Further, this office is
unable to discem from the recordings ofthe meetings any comments or deliberational statements
made by President Herman or the other trustees.
Having reviewed the Village's response and affidavits, as well as the meeting
minutes and recordings, this office has insufficient evidence to conclude that the Board held
"meetings" on April 29, 2025, or May 21,2025. Atthough at least a majority of quorum of the
members of the Board attended the SCAC meetings, this offrce has not received information to
conkadict the Village's assertion that only two trustees participated in discussions ofpublic
rletter Aom Marissa N. Spencer, Onoscn DiNolfo Hasenbalg & Castaldo, to Teresa Lim, Deputy
Bureau Chief, I inois Attomey General, Public Access Bureau (July 21,2025), at [].
lletter from Marissa N. Spencer, Ottoseo DiNotfo Hasenbatg & Castaldo, to Teresa Lim, Deputy
Bureau Chie( Itlinois Attomey Geueral, Public Access Bureau (July 21, 2025), at [].
5E-mail from Don Adler to Teresa Lim, Deputy Bu€au Chief, Public Access Bureau, OIIice ofthe
Attomey General, State oflllinois (August 18, 2025).
Officc oflhc Illinois Attomey GeDeral
Mr. Donald Adler
Mr. Greg Summers
September 24,2025
Page 5
business while the remaining officials only observed the proceedings. Accordingly, this office
concludes that the Board did not violate OMA on April 29,2025, and May 21,2025.
Whether a Group is a "Public Body" (2025 PAC 87330)
Section 1.02 of OMA (5 ILCS 120/1.02 (West 2024)) defines "public body" to
include:
[A]ll legislative, executive, administrative or advisory bodies of
the State, counties, townships, cities, villages, incorporated towns,
school districts and all other municipal corporations, boards,
bureaus, committees or commissions of this State, and any
subsidiary bodies of any ofthe foregoing including but not
limited to committees and subcommittees which are supported in
whole or in part by tax revenue, or which expend tax revenue,
except the General Assembly and committees or commissions
thereof. (Emphasis added.)
An "advisory body," for purposes of OMA, is an entity that has defined
responsibilities and is a formal part ofthe structure ofthe public body that it advises. Board of
Regents of Regency University Systemv. Reynard,292[ll. App.3d 968,977 -78 (1997). In
contrast, OMA "is not intended to open to the public the deliberations of merely informal
advisory committees who discuss intemal" affairs of a public body. Pope v. Parkinson,43 lll.
App.3d797,800 (1977). Factors to consider in determining whether a group constitutes an
advisory body under OMA include:
who appoints the members of the entity, the formality of their
appointment, and whether they are paid for their tenure; the entity's
assigned duties, including duties reflected in the entity's bylaws or
authorizing statute; whether its role is solely advisory or whether it
also has a deliberative or investigative function; whether the entity
is subject to govemment control or otherwise accountable to any
public body; whether the group has a budget; its place within the
larger organization or institution of which it is a pad; and the
impact of decisions or recommendations that the group makes.
University Professionals of lllinois v. Stukel,3ll4 Ill. App. 3d 856,
86s (2003).
ln Pope, the court held that a cornrnittee of four faculty and four student members
appointed by the chancellor ofa university to advise the chancellor and the director of the
university's basketball arena on issues related to the arena was not subject to OMA because the
Oflicc ofthe Illinois AIomey General
Mr. Donald Adler
Mr. Greg Summers
September 24, 2025
Page 6
committee was "not formally appointed by, or accountable to, any public body ofthe State."
Pope, 48Ill. App. 3d at 799. Rather, the committee solely advised university administrators and
served at the pleasure of the chancellor. Pope,48Ill. App. 3d at799. See also People ex rel.
Cooper v. Carlson,28 Ill. App. 3d,569,572 (1975) (OMA does not apply to voluntary "technical
staff' meetings of "department heads or employees who seek to improve with dispatch their
performance or function ofassisting in the conduct ofthe people's business.").
ln its response to this office, the Village disputed Mr. Adler's claim that the goup
at issue constituted a "subcommittee" of a public body, as defined in OMA. The Village asserted
that the group was not appointed through any resolution or other formal action by its Board. The
Board further asserted that "[i]n forming the group Village President Herman and Village
Manager Summers were mindful of the requirements of [OMA]" and thus made sure to include
no more than two members of its public bodies in the group.6 The Vitlage stated that "[t]he
working group that met was Trustee Michael Manzo, Trustee Melissa Martin, SCAC Chairman
John Anos, SCAC Member Mike Stevens, Village Manager Greg Summers, and Assistant
Village Manager Joe Mitchell (who served as the staffliaison)."7
Addressing its assigned duties and responsibilities, the Village stated
Prior to the creation of this working group the Village had
been weighing various options to fund future upgrades and
6letter fiom Marissa N. Spencer, Ottosen DiNolfo Hasenbalg & Castaldo, to Teresa Lim, Deputy
Bureau Chief, lllinois Attomey General, Public Access Bureau (July 7, 2025), at [ 1].
Tletter from Marissa N- Spencer, Ottosen DiNolfo Hasenbalg & Castaldo, to Teresa Lim, Deputy
Bureau Chie! tllinois Attomey Ceneral, Public Access Bureau (July 7, 2025), at [l].
Officc oflhc Illinois Attomey General
Conversely, in Reynard, the court concluded that the Athletic Council of Illinois
State University (lSU) was an advisory body subject to OMA. Reynard,292lll. App.3dat979.
The Athletic Council serves "as an advisory body to the athletic director, with primary advisory
responsibility to the president. It gives advice on the development ofbudgets and policies
goveming the intercollegiate athletic program." Reynard,292lll. App.3dat97l. The Athletic
Council "exists to provide faculty input to the decision-making bodies atISU." Reynard,292lll.
App.3d at972. The athletic director "is free to reject its advice and there have been occasions
when he has done so. The Council deals only with intemal ISU matters, it has no budget, and
none of its members are paid." Reynard,292lll. App.3d at972. In concluding that the Athletic
Council was an advisory body subject to the requirements of OMA, however, the court
emphasized that the Council is "part of the formal organizational structure ofISU and its duties
and responsibilities are set forth in the supplement [to the bylaws of the ISU Senate]. The broad
scope of the Council's responsibilities as set forth in the supplement contrasts sharply with the
limited duties of the committee in Pope [v. Parkinson]." Reynard,292lll. App.3d at 978.
Mr. Donald Adler
Mr. Greg Summers
September 24, 2025
Page 7
maintenance to its spons facilities. In order to have more
productive discussions about the various funding options, this
group was created to research and gather l) the capital needs and
financial costs ofthe proposed improvements and 2) the financial
viability ofvarious funding options. The results ofthe two
financial analyses were then presented to the SCAC and the
Village Board in order to allow them to weigh the pros and cons of
the different funding options available. Much like the meetings of
the staffof county development commiltee, in Cooper v. Carlson,
this group's meeting was "intended to provide more efficient
sewice" to the SCAC. 28 Ill. App. 3d 569, 571 .t8l
With respect to meetings, the Village stated that the group met on three dates (May 5, 12, and 19,
2025) "to compile data and prepare the SCAC Presentation" but has no additional meetings
planned.e The Village further stated that the group has no budget, and non-staffmembers are not
compensated. As to the group's work, the Village contended that it was "informational only" and
presented to the SCAC and Board at their May 21,2025, aadMay 27, 2025, meetings,
respectively, for review and discussion. Additionally, the Village asserted that ttre work was
"not final to any degree."lo
In reply to that answer, Mr. Adler asserted that the proposal submitted by the
service provider, a catering company, would have significant operational and financial
consequences for the Village ifapproved. He pointed out that the proposal includes a 2O-year
amendment to a licensing agreement with the Village and capital investments and fees totaling
millions of dollars. He also stressed the strong public interest in the proposal, asserting that there
was high public tumout at Board and SCAC meetings where the proposal was discussed. Mr.
Adler contended that the group at issue was distinguishable from the committee'tn Cooper'.
The facts in that case are in no way parallel with those ofthe Oak
Brook SCAC Subcommittee. [The Village attorney] states
that there was no "resolution or other official action by the (Oak
Brook) Village Board "appointing the members" (language fiom
Cooper describing the facts in that case). But no such appointment
slrtter from Marissa N. Spencer, Ottosen DiNolfo Hasenbalg & Castaldo, to Teresa Lim, Deputy
Bureau Chief, Illiuois Attomey Ceueral, Public Access Bureau (July 7, 2025), at [-2].
el-etter from Marissa N. Spencer, Ottosen DiNolfo Hasenbalg & Castaldo, to Teresa Lim, Deputy
Bureau Chief, Illinois Attomey General, Public Access Bureau (Juty 7, 2025), at [2].
l0l-etter from Marissa N. Spenccr, Ottosen DiNolfo Hase[batg & Castaldo, to Teresa Lim, Deputy
Bureau Chief, Illinois Attom€y General, Public Access Bureau (lltly 'l,2025), all2l.
Officc ofthe Illinois Allomey Gencral
Mr. Donald Adler
Mr. Greg Summers
September 24, 2025
Page 8
is required under OMA. In the case of Cooper, the Committee in
question was a "Committee" of Kane Couty Develop[me]nt
Department employees, not elected members of the Kane Couty
Board or appointed members ofa standing resident advisory
committee of the County Board, as was the case for the SCAC
Subcommittee which was composed of elected Village Board and
appointed SCAC members.trrl (Emphasis in original.)
Mr. Adler further contended that the Village downplayed the significance of the group's work.
He asserted that the Assistant Village Manager prepared a memo on the work and conclusions of
the group, and the "memo clearly states that the 'sub-committee unanimously recommended
pursuing a formal partnership with a private banquet operator after extensive review ofall
options . . . .'That description simply doesn't square with [the Village attorney's] assertion ofthe
Sub-Committee's work being 'informational only."'12 He argued that the group's "work and
recommendation was a critical and integral part of the review ofthe [catering company]
proposed transaction by the SCAC."ll
Having reviewed the information submitted by the parties in light of the Sal<ei
factors, this office concludes that the group constitutes a "public body" under OMA. Although
the members were not appointed through 6 f66ra1 action of the Board, the Village President took
part in creating and appointing the members. Moreover, the group advised two Village public
bodies, the SCACIa and the Board, and, unlike the committee at issue in Pope, does not appear to
solely advise a Village administrator. The group also includes members ofpublic bodies,
distinguishing it fiom the "technical staff' meetings of "department heads or employees"
considered in Cooper. With respect to its place within the organization of the Village, the group
was not established pursuant to an ordinance or formal policy. Nonetheless, the group appears
subject to the control ofthe Village to a significant degree. Four of the six-member group's
participants are accountable to the Village's President and Board as either trustees or SCAC
members, while the remaining participants work for the Village. Further, the group's purpose
extends beyond a mere advisory role. The group gathered information about various funding
rrE-mail from Donald N. Adler to Teresa Lim, Deputy Burau Chief, Public Access, Office of the
Illinois Attomey General (July 13,2025).
r2E-mail from Donald N. Adler to Teresa Lim, Deputy Bureau Chied Public Access, Office ofthe
Illinois Attomey Ceneral (July 13,2OZ5).
rrE-mail from Donald N. Adler to Teresa Lim, Deputy Bureau Chiet Public Access, Offic€ ofthe
lllinois Attomey General (Juty 13,2025)-
r4The SCAC is established under $ 2-12-l ofthe Village's Code ofOrdinance, and it serves as an
advisory committee to the Village President and Board.
OIfice of the lllinois Attomey General
Mr. Donald Adler
Mr. Greg Summers
September 24, 2025
Page 9
options, deliberated on the viability ofthose options, and presented its findhgs and
recommendations to the SCAC and Board. This was not informal feedback. The group's
findings estimated costs for more than 50 projects, provided an estimated timeline for
implementation over a 2O-year period, and highlighted key benefits and potential funding
sources. While the group does not have its own budget or compensate non-staff members, the
available information suggests that the group's analyses and recommendations have had a
substantial impact on the SCAC's and Board's decision-making concerning The Sports Core.
According to Mr. Adler, the SCAC has voted to approve pursuing a partnership with the provider
since the presentation of the group's findings. Thus, the Village has taken significant steps
towards reaching a final decision, even if the Village has not yet entered into any final
agreement. Because OMA defines "public body" to include advisory bodies of a public body,
and because the group exhibits key characteristics ofan advisory body, this office concludes that
the goup is subject to the requirements of OMA.
The Village stated that the group has no future meetings pl msd. Q6ing forward,
if the Village President and Manager convene the group again, this office requests that the group
conduct all future meetings in accordance with the provisions of OMA. Because the Board does
not appear to have made any final decisions related to The Sports Core and has publicly posted
the financial findings of the group, no further remedial action is needed. However, before
assembling groups that are delegated the task ofadvising the Board on significant mafters and
that include members of the Board, the Board should be mindful that those goups may constitute
advisory bodies or subsidiary bodies subject to all of OMA's requirements, even if the number of
Board members that participate is less than a quorum or a majority of a quorum of the Board.
The Public Access Counselor has determined that resolution of this matter does
not require the issuance of a binding opinion. This letter closes this matter. If you have any
questions, please contact me at the Chicago address listed on the first page of this letter.
Very truly yours,
") - --- -:;-
TERESA LIM
Deputy Bureau Chief
Public Access Bureau
8-1330 81702 o 102 pb adv 2a meeting proper mun
Oflice of fi e linois Attomey GeDeral
Mr. Donald Adler
Mr. Greg Summers
September 24,2025
Page l0
cc Via electronic mail
Ms. Marissa N. Spencer
Attorney for Village of Oak Brook
Ottosen DiNolfo Hasenbalg & Castaldo, Ltd.
1804 North Naper Boulevard, Suite 350
Naperville, Illinois 60563
mspencer@ottosenlaw.com
Office of lhc tllinois Attomev General