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1 The Residences at Water Tower 180 East Pearson Street Chicago, Illinois 60611 Amended Remodeling Rules and Procedures Adopted by the 180 East Pearson Homeowners Association Board of Directors Effective: August 10, 2017

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Page 1: The Residences at Water Tower 180 East Pearson Street ... · 180 East Pearson Street Chicago, Illinois 60611 ... Capitalized terms used but not defined herein or in the House Rules

1

The Residences at Water Tower

180 East Pearson Street

Chicago, Illinois 60611

Amended Remodeling Rules and Procedures

Adopted by the 180 East Pearson Homeowners Association Board of Directors

Effective: August 10, 2017

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TABLE OF CONTENTS

PREAMBLE ................................................................................................................. 1

SECTION I. GENERAL ITEMS ................................................................................... 1

A. INTRODUCTION ............................................................................................... 1

B. CONTACT INFORMATION ............................................................................... 2

C. OTHER PORTIONS OF THE BUILDING ........................................................ 2

D. COORDINATION ............................................................................................... 2

E. CONDOMINIUM ASSOCIATION RIGHT TO PERFORM CORRECTIVE

ACTION ................................................................................................... 3

F. CONDOMINIUM ASSOCIATION RIGHT OF ACCESS .................................. 3

G. EXPENSES OF ASSOCIATION’S PROFESSIONAL ....................................... 3

SECTION II. PRE-REMODELING REQUIREMENTS FOR ALL WORK ................. 3

A. INSURANCE ....................................................................................................... 3

B. PERMITS, FEES AND NOTICES ..................................................................... 4

C. PROJECT CLASSIFICATION ........................................................................... 4

D. MANAGEMENT’S DETERMINATION OF WORK CATEGORY .................... 6

E. CATEGORY A PROJECTS - SUBMISSION PROCEDURES AND

REQUIREMENTS .................................................................................. 6

F. CATEGORY A PROJECTS - REQUIREMENTS TO OBTAIN AN

“APPROVAL TO PROCEED” ................................................................. 6

G. CATEGORY B PROJECTS - SUBMISSION PROCEDURES AND

REQUIREMENTS .................................................................................. 8

H. CATEGORY B PROJECTS - ASSOCIATION PROFESSIONAL’S REVIEW .. 9

I. CATEGORY B PROJECTS-REQUIREMENTS TO OBTAIN AN “APPROVAL

TO PROCEED” ...................................................................................... 10

J. START-UP MEETING ...................................................................................... 11

K. IDENTIFICATION/ACCESS/SECURITY ....................................................... 12

SECTION III. REMODELING REQUIREMENTS ................................................... 12

A. GENERAL ......................................................................................................... 12

B. HOURS OF WORK & CONDUCT OF WORKERS ......................................... 13

C. CORRIDOR/UNIT DOOR PROTECTION ....................................................... 14

D. WORK IN COMMON AREAS .......................................................................... 14

E. STORAGE OF MATERIALS ............................................................................ 15

F. WINDOWS ........................................................................................................ 15

G. GENERAL CARPENTRY ................................................................................. 15

H. ELECTRICAL ................................................................................................... 16

I. PLUMBING ....................................................................................................... 17

J. CONCRETE CHIPPING, CHANNELING, CUTTING AND CORING

PROCEDURES ..................................................................................... 19

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K. MECHANICAL/ELECTRONIC/CABLE .......................................................... 19

L. CEILINGS/HVAC/HEAT .................................................................................. 21

M. FLOORING FINISHES & DUST/ODOR PROTECTIION .............................. 22

N. HARD SURFACE FLOORING ACCOUSTICAL REQUIREMENTS ............. 22

1. General .................................................................................................. 22

2. Pre-Approved Flooring Systems ........................................................... 22

3. Complaint Procedure for a Pre-Approved Flooring Assembly ............ 24

4. Approval Based On Post-Installation Testing of Floor ....................... 25

5. Inspections ............................................................................................ 27

O. STRUCTURAL LOADING OF FINISHED FLOORING ............................................27

P. UTILITY SERVICE INTERRUPTIONS .....................................................................28

Q. FIRE PROTECTION ....................................................................................................28

R. CLEAN-UP ...................................................................................................................29

S. PROTECTION FROM WATER/FREEZING ...............................................................30

T. ENVIRONMENTAL PROTECTION ...........................................................................30

U. SUPERVISION ............................................................................................................30

V. SAFETY REQUIREMENTS ........................................................................................30

SECTION IV. HOISTING .......................................................................................................31

A. FREIGHT ELEVATOR ................................................................................................31

B. DELIVERY PROCEDURES/SCHEDULING ..............................................................32

C. LOADING DOCK .........................................................................................................32

D. HOISTING DELAYS ...................................................................................................33

EXHIBIT A ACKNOWLEDGMENT AND INDEMNITY ...................................................34

EXHIBIT B-1 CONTRACTOR’S INSURANCE REQUIREMENTS FOR CATEGORY A

PROJECTS ......................................................................................................35

EXHIBIT B-2 CONTRACTOR’S INSURANCE REQUIREMENTS FOR CATEGORY B

PROJECTS ......................................................................................................38

EXHIBIT C SUBMISSIONS REQUIREMENTS CHECKLIST: ........................................41

EXHIBIT D-1 APPROVAL TO PROCEED CONTINGENT ON OBTAINING PERMITS

LETTER ..........................................................................................................46

EXHIBIT D-2 APPROVAL TO PROCEED WITH DEMOLITION ONLY LETTER .............50

EXHIBIT D-3 APPROVAL TO PROCEED LETTER .............................................................54

EXHIBIT E AUTHORIZATION BY UNIT OWNER(S) TO ADMIT CONTRACTORS TO

BUILDING ......................................................................................................58

EXHIBIT F HARD FLOORING SURFACE DETAILS .......................................................59

EXHIBIT G DEPOSITS, FEES AND FINES ......................................................................60

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PREAMBLE

These Amended Remodeling Rules and Procedures (these “Rules”) are part of the

Rules and Regulations including the House Rules, of the 180 East Pearson

Homeowners Association (“Association”), which implement and supplement the

Association’s Amended and Restated Declaration and Bylaws (“Declaration”).

Capitalized terms used but not defined herein or in the House Rules shall have the

same meaning ascribed to such terms in the Declaration.

If any provision of these Rules conflicts or is inconsistent with any provision of the

Association’s Rules and Regulations as in effect on August 10, 2017, the provision in

these Rules will be controlling. These Rules apply equally to all Owners, occupants,

lessees, residents and guests. These Rules may be amended from time to time by

the Association’s Board of Directors (“Board”).

SECTION I. GENERAL ITEMS

A. INTRODUCTION

These Rules must be followed by each Unit Owner (“Owner”) and each General

Contractor (“Contractor”) hired by an Owner in connection with any renovation,

remodeling or alterations to a Unit, regardless of the scope of the work, including,

but not limited to painting, wallpapering, installation of appliances and plumbing

fixtures, installation of window coverings or other remodeling (“remodeling” or

“Work”) in the Residences at Water Tower (the “Condominium”). Note that the term

“Contractor” as used in these Rules shall apply equally to any Owner acting as

his/her/their own Contractor.

These Rules must be read and an ”Acknowledgment and Indemnity” in the form

attached as Exhibit A signed by Owner and Contractor PRIOR to commencing any

Work so that all parties are familiar with, and acknowledge they will comply with,

the requirements of these Rules.

Contractor is responsible for ensuring that its workers and its subcontractors and

associates and any of their respective workers (collectively “Workers”) are familiar

with, and acknowledge they will comply with, the requirements of these Rules.

Whenever Work is performed in a Unit, the Owner is ENTIRELY responsible for all

aspects of the Work, whether the Owner has engaged a professional contractor, or is

acting as his/her own Contractor.

The Association’s management (“Management”) oversees implementation of these

Rules and shall be the liaison between Owner and the Board.

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Violations of these Rules may result in fines against the Owner or other actions

(e.g., warnings, closing down the Work, barring Contractors or Workers

(temporarily or permanently) from performing Work in the Condominium).

B. CONTACT INFORMATION

Management Office Hours Monday – Friday 8:30am-5:30pm

Management Office Phone 312-337-5303

Receiving Room Hours Monday – Friday 8am-6:00pm

Saturday 9am-3pm

Receiving Room Phone: 312-337-5463

Door Person: 312-337-5385 (24 hours)

Concierge: 312-337-5437

Loading Dock: 312-440-3160

Garage: 312-440-3162

Security: 312-440-3594 (24 hours)

Emergency: Call 911 then advise Lobby Staff of the emergency so that

preparations can be made to assist emergency personnel upon their arrival.

C. OTHER PORTIONS OF THE BUILDING

In addition to the condominium portion of the building, Water Tower Place also

includes a hotel and an office/retail component. These Rules relate only to Work

done in the Condominium.

D. COORDINATION

Contractor shall plan, coordinate and execute his Work in such a way as to

preserve the integrity of existing operating systems of the Condominium, the

hotel and the office/retail components of the building, and at no time may the

Work negatively impact the Condominium’s status under any permit or other

governmental requirement to which the Condominium is subject.

Contractor agrees that if, during the period of Work, picket lines or boycotts or

other visible activities objectionable to Association are conducted or carried out by

or against Contractor, its contractors or subcontractors or any of their respective

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employees, on or about the Condominium, Association may, but shall not be

obligated to, immediately close the Contractor’s job site in the Subject Unit and

remove or cause to be removed all personnel therefrom until such picket line,

boycott or objectionable activity has been removed to Association's satisfaction.

E. CONDOMINIUM ASSOCIATION RIGHT TO PERFORM CORRECTIVE

ACTION

If, in the sole judgment of the Association, an emergency exists as a result of the

Work, which in the Association's opinion requires immediate corrective action, then

the Association may, without notice to Contractor, perform such corrective action or

cause it to be performed by others. In such case, any costs (including general

requirements and fees) arising from such corrective action will be borne by the Unit

Owner.

F. CONDOMINIUM ASSOCIATION RIGHT OF ACCESS

The Association reserves the right of access (including without limitation by one or

more retained outside architect(s), engineer(s) or construction manager(s) (each

individually and collectively, “Association’s Professional”)), to any Unit at any time

to observe the Work. Contractor shall cooperate with the Association and

Association’s Professionals during access for observation of Work. The Contractor

shall provide access for observation of the Work. Furthermore, the Association

reserves the right to stop, delay or request investigative demolition for any work

which has not been approved or which deviates from the approved plan.

G. EXPENSES OF ASSOCIATION’S PROFESSIONAL

Whenever Association’s Professional is called to review or inspect plans or Work,

pursuant to these Rules, the minimum charge for such review or inspection will

be one hour at the Association’s Professional’s prevailing hourly rate at the time

of review or inspection.

Owner is responsible for Association’s Professional’s charges, and these charges

along with any other charges that Owner is obligated to pay pursuant to these

Rules will be added to Owner’s monthly assessment for the month immediately

following incurrence of the charges. Owner agrees to pay the entirety of all such

modified monthly assessments.

SECTION II. PRE-REMODELING REQUIREMENTS FOR ALL WORK

A. INSURANCE

Contractor shall secure and maintain all of the insurance coverages set forth in

Exhibit B.

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B. PERMITS, FEES AND NOTICES

All Work must be performed in strict accordance to all applicable building and fire

codes as well as licensing requirements and permit restrictions of all governmental

agencies. Different types of permits may be required by the City of Chicago,

depending on the proposed scope of Work. Association or Association’s Professional

may make recommendations regarding permits, but the determination of whether a

permit is required or not lies with the City of Chicago, and is the sole responsibility

of Owner to obtain. Owner shall obtain building permit(s) and for all other permits,

fees, licenses and instructions necessary for the proper execution and completion of

the Work.

If the scope of Work should change or increase during the course of the Work, and

a permit is required due to that change, Owner bears the responsibility to obtain

the required permits.

Copies of all permits must be filed with the Management office prior to the

commencement of any work. Contractor shall also file with the Management office

a copy of his and any of his subcontractors’ (including plumbers’, electricians’,

architects’, engineers’ and sprinkler contractors’) professional license(s).

If Contractor performs any Work which the Contractor knows or, in the

reasonable performance of his obligation should know, to be contrary to Illinois

law or municipal regulations and does not notify the Owner and Association,

Contractor and the Owner shall be jointly and individually responsible to the

Association for making all changes required to comply with such regulations; and

the Owner and Contractor shall jointly and individually bear all costs arising

from such violations and each will indemnify and hold the Association, the Board

of Directors and Management harmless from any and all liabilities, costs and

losses resulting from such violations. The receipt by the Association of a building

code violation notice from the City of Chicago or a notice from any other state or

municipal department shall be prima facie evidence that Contractor had notice of

a violation under this paragraph.

C. PROJECT CLASSIFICATION

Remodeling projects are divided into two categories, at the discretion of

Management, which are defined as follows:

Category A (minor) projects are small decorating and remodeling projects that do

not have a material impact on any Common Elements or Limited Common

Elements, whether or not they require a permit, such as:

a. Painting or wallpapering.

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b. Installation of window shades that are not powered by electricity, or

where wiring is already installed.

c. Surface decorating.

d. Installation of carpeting.

e. Installing or modifying low-voltage wiring, such as telephone wiring,

Internet connections, and the like, unless the job entails making

connections to line voltage wiring, work within the circuit breaker

panel, or modification of common telephone, TV cable, and/or

internet wiring.

f. Sink, faucet, toilet (standard, flushing toilets that are not powered by

electricity or have electrical components) or tub replacement, except

whirlpool tubs, as long as such items are not moved from their original

location.

g. Replacement of existing plumbing or electrical fixtures in their

original location, with no movement or modification of the system,

lines, wiring, or capacity.

h. Replacement of like for like appliances (refrigerator, dishwasher, washer,

dryer, etc.), at their original location, if no modification of existing lines,

wiring or capacity is involved, and subject to the proper installation of

high-pressure shut-off valves prior to replacement.

i. Replacement of low-voltage thermostats.

j. Replacement of cabinetry/countertop.

Category B (major) projects are all projects that involve work that is not included in

or limited to Category A, such as:

a. Adding, modifying or removing walls.

b. Modification of the Subject Unit’s plumbing, mechanical or electrical

systems, including all new washing machine, wet bar and whirlpool

installations.

c. Installation of hard surface flooring (see Section II.N for additional

requirements).

d. Any project that involves any work impacting the common hall including

relocating or eliminating entry doors.

e. Combining Units.

f. Taking Common Element space including parts of mechanical, electrical,

and/or plumbing chases.

g. Any projects affecting structural, mechanical, electrical, plumbing, and

fire protection construction owned by the Association.

h. Any projects affecting the Association’s exterior wall construction

including windows.

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D. MANAGEMENT’S DETERMINATION OF WORK CATEGORY

Management will determine the Category of every Work project on the basis of a

Written Scope of Work that must be submitted on behalf of the Owner, and

reserves the right to engage the Association’s Professional to assist with such

determination at Owner’s expense. Once Management has determined the

classification of the Work, the Owner must provide the applicable submission

requirements, as detailed below, to Management to continue the approval

process. In the event the scope or schedule of Work should change or increase

following initial classification of the Work, Owner shall inform Management

immediately and Owner shall be required to submit a written revised descriptive

document and the determination process must be completed again.

E. CATEGORY A PROJECTS - SUBMISSION PROCEDURES AND

REQUIREMENTS

For Category A projects, two (2) printed copies and one (1) digital copy of a proposed

Project Scope and Schedule (including description of the Work, anticipated

commencement date, duration of Work, estimated completion date, and anticipated

material delivery schedules) must be submitted to Management to begin the Project

Review process. Refer to the "Submission Requirements Checklist" attached as

Exhibit C.

Management’s review may take up to 10 business days. Despite such review by

Management, neither Management nor the Association makes any

determination as to the Plan’s soundness or compliance with applicable law.

This step of the review process will result in one of the following:

• Request for further information

• Rejection of proposed Project Scope and Schedule

• Preliminary approval of proposed Project Scope and Schedule

In the event the proposed Project Scope and Schedule should change during or

after the preliminary approval process, Owner shall inform Management

immediately and Owner shall be required to submit a written revised proposed

Project Scope and Schedule, and the review process must be completed again.

F. CATEGORY A PROJECTS - REQUIREMENTS TO OBTAIN AN “APPROVAL

TO PROCEED”

Once preliminary approval from Management has been received, the following

items are to be submitted in order to receive an “Approval to Proceed letter

Contingent on Obtaining Permits” in the form attached as Exhibit D-1, or if no

permits are required, an “Approval to Proceed letter” in the form attached as

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Exhibit D-2. Please refer to Step 3A of the "Submissions Requirement Checklist"

attached as Exhibit C.

a. Acknowledgment and Indemnity, signed by Unit Owner and Contractor.

Refer to "Acknowledgment and Indemnity" attached as Exhibit A.

b. Certificates of Insurance, including Workers Compensation and

Employers' Liability insurance, from each Contractor and subcontractor as

outlined in “Contractor’s Insurance Requirements” attached as Exhibit B.

c. “Authorization by Unit Owner to Admit Contractors & Subcontractors to

Unit,” signed by Owner listing all Contractors and Subcontractors,

including names and phone numbers, so they may be included on the dock

security entry authorization list and reached in case of an emergency.

Refer to “Authorization by Unit Owner to Admit Contractors &

Subcontractors to Unit,” attached as Exhibit E

d. A copy of the Business License for each Contractor and subcontractor

performing Work in the Subject Unit.

An “Approval to Proceed Letter Contingent on Obtaining Permits” (refer to

“Approval to Proceed Letter Contingent on Obtaining Permits” attached as

Exhibit D-1), completed and signed by the Board President or designee and

countersigned by Owner shall be provided to Owner to enable Owner to obtain

all necessary permits.

Upon Owner’s submission of a copy of each signed required permit, or, if no

permits are required for the Category A project, an “Approval to Proceed

Letter” (refer to “Approval to Proceed Letter” attached as Exhibit D-3), shall be

issued. Such Approval to Proceed Letter completed and signed by the Board

President or designee and countersigned by Owner and placed on file in the

Management Office is required prior to the commencement of any Work other

than demolition Work as provided below. No Worker access will be allowed

prior to the Approval to Proceed other than for demolition Work as provided

below.

In the event any signed required demolition permit(s) is obtained and

submitted prior to obtaining any other required permits, an “Approval to

Proceed with Demolition Only Letter” (refer to “Approval to Proceed with

Demolition Only Letter” attached as Exhibit D-2), shall be issued. Such

Approval to Proceed with Demolition Only Letter completed and signed by the

Board President or designee and countersigned by Owner and placed on file in

the Management Office is required prior to the commencement of any

demolition Work and is limited to the demolition Work described in the

submitted permit(s). No Worker access will be allowed prior to the Approval to

Proceed other than for the demolition Work described in the submitted

permit(s).

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In the event the approved Work and/or its duration should change after issuance of

an Approval to Proceed Letter, Owner shall inform Management immediately, the

approval process must be completed again for any Work that has been added or

substantially changed, and such Approval to Proceed Letter shall become void with

respect to such Work unless and until the renewed approval process is completed

and an updated Approval to Proceed Letter is issued pursuant to this Section.

Work approved in the original Approval to Proceed letter may proceed during the

renewed approval process.

Violations, potentially resulting in fines against the Owner or other actions

(e.g., warnings, closing down the Work, barring Contractors or Workers

(temporarily or permanently) from performing Work in the Condominium), will

be issued if any demolition Work begins prior to issuance of an Approval to

Proceed with Demolition Work Only Letter (if applicable) or any Work other

than demolition Work permitted under the Approval to Proceed with

Demolition Work Only Letter begins prior to issuance of an Approval to Proceed

Letter.

Work must begin within 90 calendar days of issuance of an Approval to Proceed

Letter, or the approval process must be completed again.

As a courtesy to other Owners, Owner shall, and shall cause Contractor to, work

diligently to minimize the active construction period and to complete all Work by

the estimated completion date. If the Work does not progress in a timely manner,

Association or Association’s Professional has the right to confer with Owner

and/or Contractor to develop a program that will ensure that the Work is

performed in an expedited fashion so that completion meets with the expectations

of the Association.

G. CATEGORY B PROJECTS - SUBMISSION PROCEDURES AND

REQUIREMENTS

For Category B projects, two (2) printed copies and one (1) digital copy of the

following items must be submitted to Management to begin the Project Review

process. All plans and specifications must be prepared by an engineer or

architect licensed by the State of Illinois; with the exception of projects limited to

hard surface flooring improvements. Refer to the "Submission Requirements

Checklist" attached as Exhibit C.

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• Proposed Project Scope and Schedule, including description of the Work,

anticipated commencement date, duration of Work, estimated completion

date, anticipated material delivery schedules, and plan and anticipated

schedule of any required shut downs or drain downs

• Installation details providing proposed structural loading capacities and

penetrations

• Proposed Floor Underlayment Product Specification (if applicable)

• Proposed New Floor Plan Drawing indicating all areas of Work

• Proposed Demolition Plan Drawing, must show all existing conditions

• Proposed New Plumbing Drawing, must include isometric diagrams

for water and waste

• Proposed New HVAC Drawing (if applicable)

• Proposed New Electrical Drawing, including wiring diagrams

• Proposed bathtub or whirlpool product information. This

submission must include the weight of tub when full (if applicable)

• Letter to the Board of Directors requesting modification of the

Common Elements or Limited Common Elements (if applicable)

The above documents will be submitted to the Association's Professional for

review. Management and Professional’s review may take up to ninety (90)

calendar days. This step of the review process will result in one of the following:

• Request for further information

• Rejection of proposed scope of Work

• Preliminary approval of proposed Work.

In the event any of the items submitted under this paragraph should change

during or following preliminary approval of the proposed Work, Owner shall

inform Management immediately and Owner shall be required to submit a written

revised version of each such affected item(s) and the preliminary approval process

must be completed again.

H. CATEGORY B PROJECTS - ASSOCIATION PROFESSIONAL’S REVIEW

The expense for the Association Professional’s review of Category B projects shall

be borne by Owner. Detail of the items that in the Association’s Professional’s

judgment should and will be reviewed is available upon request to Management.

Association’s Professional and Owner shall work cooperatively in the event

Association’s Professional proposes revisions to the submitted plans, but if such

revisions cannot be reconciled in a manner satisfactory to the Association, Owner

shall be required to abide by any Work revision notations indicated by the

Association’s Professional’s review.

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Despite such review by the Association’s Professional, neither the

Association nor the Association’s Professional makes any determination as to

the Plans’ soundness or compliance with applicable law.

I. CATEGORY B PROJECTS-REQUIREMENTS TO OBTAIN AN “APPROVAL

TO PROCEED”

Once preliminary approval from Management has been received, the following

items are to be submitted in order to receive an “Approval to Proceed Contingent on

Obtaining Permits letter” in the form attached as Exhibit D-1. Please refer to Step

3B of the "Submissions Requirement Checklist" attached as Exhibit C.

a. Acknowledgment and Indemnity, signed by Unit Owner and Contractor.

Refer to "Acknowledgment and Indemnity" attached as Exhibit A.

b. Certificates of Insurance, including Workers Compensation and

Employers' Liability insurance, from each Contractor and subcontractor as

outlined in “Contractor’s Insurance Requirements for Category B Projects”

attached as Exhibit B-2.

c. “Authorization by Unit Owner to Admit Contractors & Subcontractors to

Unit,” signed by Owner listing all Contractors and Subcontractors,

including Names and Phone Numbers, so they may be included on the

dock security entry authorization list and reached in case of an emergency.

Refer to “Authorization by Unit Owner to Admit Contractors &

Subcontractors to Unit,” attached as Exhibit E.

d. A copy of the Business License for each Contractor and subcontractor

performing Work in the Subject Unit.

An “Approval to Proceed Letter Contingent on Obtaining Permits” (refer to

“Approval to Proceed Letter Contingent on Obtaining Permits” attached as

Exhibit D-1), completed and signed by the Board President or designee and

countersigned by Owner shall be provided to Owner to enable Owner to obtain

all necessary permits.

Upon Owner’s submission of a copy of each signed required permit, an

“Approval to Proceed Letter” (refer to “Approval to Proceed Letter” attached as

Exhibit D-3), shall be issued. Such Approval to Proceed Letter completed and

signed by the Board President or designee and countersigned by Owner and

placed on file in the Management Office is required prior to the commencement

of any Work other than demolition Work as provided below. No Worker access

will be allowed prior to the Approval to Proceed other than for demolition Work

as provided below.

In the event any signed required demolition permit(s) is obtained and

submitted prior to obtaining any other required permits, an “Approval to

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Proceed with Demolition Only Letter” (refer to “Approval to Proceed with

Demolition Only Letter” attached as Exhibit D-2), shall be issued. Such

Approval to Proceed with Demolition Only Letter completed and signed by the

Board President or designee and countersigned by Owner and placed on file in

the Management Office is required prior to the commencement of any

demolition Work and is limited to the demolition Work described in the

submitted permit(s). No Worker access will be allowed prior to the Approval to

Proceed other than for the demolition Work described in the submitted

permit(s).

In the event the approved Work and/or its duration should change after

issuance of an Approval to Proceed Letter, Owner shall inform Management

immediately, the approval process must be completed again for any Work that

has been added or substantially changed, and such Approval to Proceed Letter

shall become void with respect to such Work unless and until the renewed

approval process is completed and an updated Approval to Proceed Letter is

issued pursuant to this Section. Work approved in the original Approval to

Proceed letter may proceed during the renewed approval process.

Violations, potentially resulting in fines against the Owner or other actions

(e.g., warnings, closing down the Work, barring Contractors or Workers

(temporarily or permanently) from performing Work in the Condominium), will

be issued if any demolition Work begins prior to issuance of an Approval to

Proceed with Demolition Work Only Letter (if applicable) or any Work other

than demolition Work permitted under the Approval to Proceed with

Demolition Work Only Letter begins prior to issuance of an Approval to Proceed

Letter.

Projects must begin within 90 calendar days of issuance of an Approval to Proceed

Letter, or the approval process must be completed again.

As a courtesy to other Owners, Owner shall, and shall cause Contractor to, work

diligently to minimize the active construction period and to complete all Work by

the estimated completion date. If the Work does not progress in a timely manner,

Association or Association’s Professional has the right to confer with Owner

and/or Contractor to develop a program that will ensure that the Work is

performed in an expedited fashion so that completion meets with the expectations

of the Association.

J. START-UP MEETING

Contractor and Unit Owner shall attend a meeting with Management prior to any

Work being performed in a Unit.

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K. IDENTIFICATION/ACCESS/SECURITY

Owners must supply to the Receiving Office the name and contact information of

Owner’s Contractor, and Contractor must supply to the Receiving Office a list of all

Workers (subcontractors and workers of the General Contractor, subcontractors or

associates) who seek entry to the Condominium in connection with the Work. The

list must indicate at least one supervisor who meets the criteria of Section III.U

below. Refer to “Authorization to Admit Contractors and Subcontractors” attached

as Exhibit E. Contractor is responsible for notifying the Receiving Room of any

changes in personnel.

Workers must enter through the Mies van der Rohe entrance, be signed in by the

Receiving Room Attendant, and pick up a Security Pass.

Workers are required to leave photo identification. This identification will be

returned upon departure from the Condominium and return of the Security Pass.

Security Passes must be worn in a visible place at all times, Workers without passes

will be asked to leave by Management or staff.

If the Contractor obtains the key to a Unit kept in the Keytrak System, an

appropriate form of I.D. must be left with the Receiving Room Attendant until the

key is returned.

Owners are prohibited from giving Contractor or any Workers a Unit key or key fob.

SECTION III. REMODELING REQUIREMENTS

A. GENERAL

Any and all Work in Units is subject to these Rules.

All Work is to be performed in strict accordance with the plans which have been

submitted and accepted by the Association.

All Work is subject to inspection and review by the Association and/or Association’s

Professional while Work is underway. If the Association deems it necessary for an

Association Professional to review the Work in progress or Work which has deviated

from the approved plan, the expense of this review shall be borne by the Unit

Owner.

However, for all Category B projects, the Association will require the Association’s

Professional to make periodic visits to inspect the Work and the expense shall be

borne by the Unit Owner. ALL PLUMBING, ELECTRICAL, MECHANICAL,

HEATING, AIR CONDITIONING, CEILING AND FLOORING WORK MUST BE

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INSPECTED AND APPROVED IN WRITING BY THE ASSOCIATION OR THE

ASSOCIATION’S PROFESSIONAL BEFORE WALLS OR CEILINGS ARE

CLOSED OR FLOORING COMPLETED. FAILURE TO DO SO WILL RESULT IN

THE REOPENING OF WALLS, CEILING OR FLOORING FOR INSPECTION AT

THE OWNER’S EXPENSE. Without limiting the generality of the foregoing, it is

Owner's responsibility to schedule inspections with Management after application

of any latex cement fill, after the installation of underlayment (in the case of hard

surface flooring installations), after the perimeter acoustical sealant is installed (in

the case of hard surface flooring installations), prior to walls being closed (in the

case of installation of new plumbing and electrical), and at completion of the project.

The results of these inspections will be provided in a written document and Owner

agrees to comply with the completion of any portions of work that are required by

this document.

No modifications to or constructions on the roof or facades of the Condominium

shall be permitted.

B. HOURS OF WORK & CONDUCT OF WORKERS

Workers may access the Condominium floors, via the freight elevator only after

signing in with the receiving room, starting at 8.00am, but may not make any

noise until 9.00am and must be out of the Condominium by 5.00pm.

No Work is permitted on Saturday, Sunday, or holidays, and Workers are not

allowed in the Condominium on those days. No Exceptions.

Work entailing excessive noise, such as grinding, scraping and hammering, may

never occur on a Friday, over the weekend, or on federally recognized holidays

and may occur on any other days and times only as scheduled by Management at

its discretion upon at least three weekday’s prior written notice to Management.

Efforts must be made to limit the duration of such Work.

Complaints regarding the violation of approved days/hours could result in a

Contractor being denied access to the Condominium.

At no time may Workers congregate in or enter areas of the Condominium other

than the Subject Unit

Workers must use the freight elevator and are not allowed on the passenger

elevators, unless specific written authorization is granted by Management.

Owners must provide Contractor and Workers with private restroom facilities.

Public restrooms are not available.

Owners are prohibited from giving Contractor or any Workers a Unit key or key fob.

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C. CORRIDOR/UNIT DOOR PROTECTION

Contractor shall use the utmost care to avoid damage to the corridors and the

exterior (i.e., side visible from the corridor) of any Unit door (“Exterior Doors”)).

All Common Elements from the freight elevator to the Unit must be protected.

Floors should be covered with rigid protection board (“Masonite” or Association

approved equal) securely taped end-to-end. Self-stick plastic may NOT be used

because its use damages the cut-pile carpets in the hallways. Exterior Doors

should be covered with rigid protection board (“Masonite” or Association approved

equal). Contractor must maintain the protection in good condition and replace it

when requested.

Contractor must pick up the corridor and Exterior Door protection upon

Management’s request and, in any event, by 4.00pm each Friday and re-laid each

Monday morning for the duration of the project. In the interest of safety, drop

cloths are prohibited.

The Unit Owner shall be responsible for all costs associated with any repairs to

the corridors, elevators or other Common Elements caused by the Unit Owner’s

Contractors, Subcontractors or their respective employees.

Contractor shall promptly inform Management of any damage or loss to any

property caused in whole or in part by Contractor, any Subcontractor, or anyone

directly or indirectly employed by any of them or by anyone for whose acts any of

them may be liable. The repair of such damage to Unit Doors shall be performed

by the Association and reimbursed by Owner as set forth below.

A refundable deposit in the amount set forth in “Deposits, Fees and Fines”

attached as Exhibit G. shall be required for any Category B projects prior to the

commencement of Work. This deposit shall be used as security for potential

corridor, elevator, Common Elements and/or Unit Door damages and clean up

that may occur. This deposit will be held interest free by the Association until

completion of the Work. The Association reserves the right to use any portion of

the deposit for corrective action necessary to repair areas of the Property

damaged by Contractor. Any time such damage occurs, it can be repaired with

monies from this deposit, and the Unit Owner will be required to restore the

deposit to the original level. Contractor can be denied access to the Condominium

until the deposit is restored to the original level. Any unused portion of the

deposit shall be returned to Unit Owner after completion of the Work.

D. WORK IN COMMON AREAS

Contractors shall not use any Common Elements, vacant areas, corridors or

stairways for performing or for staging of any Work.

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E. STORAGE OF MATERIALS

All of Contractor's materials must be stored in the Subject Unit. Storing of

materials in corridors, vacant areas, etc. is not permitted. Flammable materials

are not to be stored within the Condominium. They must be used and removed

the same day. Failure to comply with these regulations may result in immediate

removal of all material by the Association at the Owner's expense.

Contractor and each Subcontractor and Sub-subcontractor and material supplier

shall be responsible for the proper care and protection against damage and theft of

all its materials, equipment, and tools delivered to the Condominium, and shall

bear the risk of loss and/or damage thereto.

Contractors making deliveries need to make arrangements for obtaining access to

the Unit at the time of the delivery. Such access can only be made through the

Management Office during regular office hours and only then with prior written

permission from the Unit Owner or the Contractor.

F. WINDOWS

Windows must remain closed during Work since open windows can adversely affect

the heating and cooling systems of the Condominium, as well as result in odor

transfer. Drilling into window frames for any purpose, including installation of

window treatments is prohibited.

Contractor must provide negative air-pressure “scrubbers,” to control any air-borne

particles and odors within the Unit during construction. Category A projects require

scrubbers only when substantial dust or odors are generated. Clean filtered air may

be dispensed through the window openings.

G. GENERAL CARPENTRY

All Work is to be completed by a qualified carpenter in a safe and workmanlike

manner.

All construction shall use non-combustible materials in compliance with the high-

rise section of the building code.

All construction materials shall be installed per the construction material

manufacturer’s latest published technical and installation data.

Fire treated wood blocking may be used. Fire treated wood sheathing may be used

in tub platforms and shower benches.

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Fire rated 5/8" gypsum board is the building standard. Cement board

(“Durrock” or equal) must be used in wet areas.

All fire rated partitions (corridor, demising, and chase) shall be constructed per

the original building drawings. Details are available from Management.

Penetrations in demising and corridor walls (for electrical receptacles, junction

boxes and switches) shall be acoustically enclosed; details shall be provided for

Association acceptance prior to construction. Vibration/noise producing devices

(TV, speakers, etc.) or recessed niches are prohibited in demising and corridor

walls.

There shall be no metal-to-metal contact between any two dissimilar building

systems. Examples, which are not all-inclusive:

1. No contact between mechanical ductwork and metal studs at wall framing

system.

2. No contact between mechanical ductwork and ceiling suspension systems.

H. ELECTRICAL

All electrical Work is to be completed by an electrician licensed by the City of

Chicago in a safe and workmanlike manner. Contractor must ensure that all

electrical Work is inspected by the Association’s Professional or maintenance staff

(as applicable) BEFORE any new openings are closed.

Electrical panels must have an unobstructed clearance for a minimum of thirty-

six (36) inches. Adjustable shelves and removable closet rods are considered

obstructions.

Electrical panels must be covered or protected at all times during the Work.

Ground Fault Interruption receptacles must be used in all bathrooms, kitchens,

wet-bars, laundries and all other areas where water is used or likely to be

present. All electrical codes must be followed.

Increasing the capacity of the electrical service to a Unit is prohibited. Access to the

Electrical Meter Room is prohibited without the Chief Engineer being present.

See Section III.J for channeling prohibitions.

All TV master antenna system and telephone service work must be completed

by a contractor reasonably acceptable to the Association. Any secondary branch

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lines off of the main riser or branch line wiring throughout a Unit must be done

by Unit Owner’s qualified contractor.

All Work to be performed on cable lines must be by the Condominium's cable

company and at the expense of the Unit Owner.

Contractor shall use the Unit's metered electrical service. Electrical use from

Common Elements is prohibited.

A COPY OF COMPLETED SIGNED PERMITS FOR ALL ELECTRICAL WORK

MUST BE PROVIDED TO THE MANAGEMENT OFFICE UPON

COMPLETION OF THE ELECTRICAL WORK.

I. PLUMBING

All plumbing Work is to be completed by a plumber licensed by the City of

Chicago in a safe and workmanlike manner. Contractor must ensure that all

plumbing Work is inspected by the Association’s Professional or maintenance

staff (as applicable) BEFORE any new openings are closed.

All modifications to common plumbing risers must be completed by a contractor

reasonably acceptable to the Association. Any secondary branch lines off of the

main riser or branch line wiring throughout a Unit must be done by Unit

Owner’s qualified contractor.

Relocation of common piping risers (waste lines, open site relief drains, venting

stacks, domestic hot and cold water, chilled water, etc.) is strictly prohibited.

Grease traps are not permitted.

All copper piping plumbing connections inside the wall are to be sweat soldered

copper. Compression fittings are allowed only when exposed and ONLY on lines

less than ¼ ", e.g., ice-makers, drip pans, etc.

Main plumbing supply lines shall be installed with shut off valves to allow for

complete shut off of water supply to the Subject Unit. There is a lump sum

charge for each riser shut down in the amount set forth in “Deposits, Fees and

Fines” attached as Exhibit G, which expense will be billed to the Owner. All

shut-downs require at least three (3) business days advance notice and

Management acceptance.

Individual shut-off valves are required for all newly installed plumbing fixtures.

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High-pressure shut-off valves must be properly installed prior to the start of any

fixture replacement.

All drain and supply lines must be capped until a fixture is reconnected.

All relocated plumbing fixtures must drain into the original waste riser.

Copper or stainless steel piping is required; plastic, PVC, etc. are NOT

permitted.

Plastic bodies and concealed tanks are NOT permitted. Wall-mounted toilets are

NOT permitted. Cutting into the riser/stack is strictly prohibited without

Association acceptance prior to construction commencing.

Plumbing modifications to Units which require penetration of the slab (above or

below) are NOT permitted.

See Section III.J for channeling provisions.

All Units shall have domestic water supply shut-off (“ball”) valves with an

access panel or opening. If other Units are affected by the proposed

construction, Contractor may also be required to provide water supply shut-off

(“ball”) valves in those Units.

If drain piping is being removed or replaced, directional tees need to be installed

with proper direction of flow.

If a water-shut down is required to move branch lines, Contractor will be required

to maintain accessibility to the original ball valves as well as any new valves that

may be installed. The location of the new valve and the original valves must be

accessible. Installation of these valves will prevent future building riser shut

downs for that location.

All new plumbing lines must be fully secured within the walls.

Contractor shall inform Management prior to rodding of drain lines in connection

with the installation of any new sink, tub or shower. All rodding and any blockage

repair shall be done by Owner’s qualified contractor at the Owner’s expense.

Whirlpool tubs and other pump or motor-equipped fixtures shall be installed with

acoustical blanket insulation and neoprene vibration isolation pads to prevent

direct contact between the pump/motor assembly or piping and the concrete floor

or wall structure. The neoprene rubber pad shall be a Mason Industries “Super

W” isolation pad or Association’s Professional approved equivalent. The pump

model and all working components must be accessible. Association must be

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notified at least three (3) business days in advance of these types of installation.

Only whirlpools that move air (not water) through piping are allowed.

At least three (3) business days’ notice, including estimated downtime, is required

for all domestic water riser or sprinkler drain­ downs. Domestic Water Shutdowns

and Sprinkler System Shutdowns are limited to the hours of 9am-2pm on

Tuesday, Wednesday & Thursday. A fee in the amount specified in “Deposits, Fees

and Fines,” attached as Exhibit G will be charged to the Unit Owner for each

occurrence.

Contractor shall protect all water facilities from freezing and protect the

Condominium from all leakage and water damage.

A COPY OF COMPLETED SIGNED PERMITS FOR ALL PLUMBING WORK

MUST BE PROVIDED TO THE MANAGEMENT OFFICE UPON COMPLETION

OF THE PLUMBINGWORK.

J. CONCRETE CHIPPING, CHANNELING, CUTTING AND CORING

PROCEDURES

Channels in any non-structural concrete topping are allowed. However, if any other

concrete chipping, channeling, cutting, or coring is proposed; it must be approved by

the Association prior to the work commencing. The Unit Owner shall provide

structural calculations, details, and Structural Engineer’s statement confirming

that “the proposed work will not detrimentally affect the building.” The Unit

Owner’s Structural Engineer shall be licensed in the state of Illinois and shall sign

and seal all documents. The Association may have its own Structural Engineer

provide a “peer review,” and all associated costs shall be borne by the Unit Owner.

All Association approved cored openings shall be scanned with ground penetrating

radar (advance notice to all Unit Owners required) to avoid hidden reinforcing bars.

Association approved small openings may be chipped to avoid reinforcing bars and

all repairs shall be made with structural grout.

K. MECHANICAL/ELECTRONIC/CABLE

Contractor must ensure that all mechanical, electronic and cable Work is

inspected by the Association’s Professional or maintenance staff (as applicable)

BEFORE any new openings are closed.

All modifications to common risers must be completed by a contractor

reasonably acceptable to the Association. Any secondary branch lines off of the

main riser or branch line wiring throughout a Unit must be done by Unit

Owner’s qualified contractor.

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Manufacturer’s specifications shall be submitted for Unit file on any “new”

mechanical equipment (fan coil units, humidifiers, etc.) to be installed. Equipment

should utilize commonly available internal filters.

All fan coil units and other ceiling mounted fans, motors or pumps shall be

installed with spring, isolation hangers, type SLF as manufactured by Mason

Industries, Inc., or Association’s Professional-approved equivalent. All fan coil

units which are floor mounted shall be installed on free standing spring type

isolators complete with 1/4" neoprene acoustical friction pads between base plate

and support. All fan coil units shall be equipped with a flexible fitting between the

fan coil and the ductwork and between piping and the fan coil.

Any new Work shall allow for complete accessibility for maintenance and removal

of the fan coil units, humidifiers, filters, etc.

All new fan coil units, furnaces, humidifiers, and/or steam generating

equipment shall have drip pans with water sensor shut-off devices.

Any new piping shall have shut off valves installed at all fixtures.

Kitchen and bath venting shall be connected to the original existing ductwork and

have accessible exhaust grills with operable dampers that close when not in use and

the lights are turned off.

New Kitchen exhaust hoods shall exhaust (via hard ductwork) into the building’s

common kitchen exhaust ductwork. If the kitchen exhaust hood is larger than

building standard, the Unit Owner shall be required to pay for rebalancing of the

building’s common kitchen exhaust system; this additional work shall be provided

by Association’s Professional at the Unit Owner’s expense.

No bath exhaust fans are permitted. Provisions shall be made for any new soffits

and/or casework to accommodate the existing common exhaust vent opening.

No signaling device of any type, no loudspeaker or similar device, creating sound

of any type, or device containing transformers, motors, or any rotating or

vibrating parts of any type may be situated on demising and perimeter walls,

floors or ceilings in contact with the building’s structure.

All Work on cable lines must be performed by the Association’s cable company

at the expense of the Owner. Cable wiring is individual to each unit and comes

into the apartment through the phone box usually located in the storage

closet. Additional Unit Owner wiring can then be distributed throughout the

apartment as each Unit Owner wishes. All cable wiring must be the wiring

then currently used by the Association.

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L. CEILINGS/HVAC/HEAT

When drop ceilings are removed for any reason, Contractor must ensure that the

Association’s Professional or maintenance staff (as applicable) inspects the area

BEFORE the new ceilings are closed. Contractor must ensure that the

Association’s Professional or maintenance staff (as applicable) inspects all HVAC

or heat Work BEFORE any new openings are closed.

The area above the ceiling is often used as a return plenum for the air-

conditioning system, and any change to the structure of the plenum could

adversely affect airflows. All construction including wiring in the “Plenum” ceiling

shall be building code compliant and “Plenum Rated”.

If "can" lights in the plenum are to be changed, City approved (“Plenum Rated”)

fixtures must be used.

Original ventilation damper boxes should be used whenever possible.

Chilled water fan coil units are the only acceptable means of cooling the units.

Chilled water cannot be used for any other system.

If a clothes dryer is removed, the vent must be sealed air-tight to prevent foreign

debris entering the system.

The original heat in units is electric radiant, supplied by thin gauge wire applied

into the concrete ceiling of each individual room and is controlled by thermostats.

The ceiling/floor structure is concrete with limited suspended ceilings. The ceilings

contain radiant electric heat wiring in a surface applied thermo-plaster coating. The

thermo-plaster coating may not be removed. Care must be taken when attaching

anything (framing, window treatments, etc.) to the ceiling. Additionally,

consideration must be taken to address heating if the original radiant heating

system (in the ceiling) is disconnected. Before placing fasteners in the ceiling, verify

that embedded heat mat wiring is properly located (or the system is temporarily

disconnected) in the ceiling plaster. No walls and/or soffits shall cover active heat

wiring. Relocate portions of any heat wiring field where a conflict occurs, and then

repair the ceiling plaster and paint finish before making the field active again.

Heat fields are located in 9' high ceiling areas of the major rooms. Penetrations,

including lighting, that damage or disturb the radiant heat grid are not allowed.

The only exception is the den area with a lowered plenum at the window area.

Recessed fixtures cannot be used in this area.

Unit Owner acknowledges that ceilings as originally constructed provide sound

isolation benefits and that alteration or removal of any portion of the as-

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constructed ceiling may result in increased sound transmission from adjoining

units.

A COPY OF COMPLETED SIGNED PERMITS FOR ALL HVAC AND

HEATING WORK MUST BE PROVIDED TO THE MANAGEMENT OFFICE

UPON COMPLETION OF THE ELECTRICAL WORK.

M. FLOORING FINISHES & DUST/ODOR PROTECTIION

No construction dust or odors shall enter Common Element space or other Units.

Provide dust protection enclosures and negative air-pressure “scrubbers” to control

any air-borne particles and odors. “Glitsa” wood floor finishing products (or any

other high-odor producing products) are prohibited without Management approval

and special ventilation precautionary measures.

Contractor is required to tape door openings, vents and close windows prior to

refinishing floors.

N. HARD SURFACE FLOORING ACCOUSTICAL REQUIREMENTS

1. General.

Board approval is required for ALL hard surface flooring. In order to minimize

sound transmission between units, no hard surface flooring (including but not

limited to stone, wood, engineered flooring, ceramic tile, and vinyl flooring) may be

installed in any unit after August 10, 2017 without the Board’s prior written

approval. Board approval will be granted only if the flooring assembly is a “Pre-

Approved Floor System” or for any other flooring assemblies, if the flooring

assembly is field-tested after installation and found to satisfy the performance

specifications indicated below.

While these rules are designed to maintain a high level of sound insulation,

Owners should be aware that, in a multi-family building, there can be no

guarantee of absolute soundproofing between units, whether on the same or

different floors. See the House Rules for provisions regarding nuisance noise

activities.

Owners acknowledge that ceilings as originally constructed provide sound isolation

benefits and that alteration or removal of any portion of the as-constructed ceiling

may result in increased sound transmission from adjoining units.

2. Pre-Approved Flooring Systems.

Based on acoustical testing conducted in the building with various flooring

materials and underlayments, the Board has determined that each of the following

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flooring assemblies, if properly installed with non-defective materials, will result

in a finished floor assembly that satisfies the Board’s requirements for sound

transmission between units (“Pre-Approved Floor System”). Therefore, the Board

will approve requests for hard surface flooring, without need of any acoustical

testing, for the following two Pre-Approved Floor Systems. Pre-Approved Floor

System #1 is for Tile Flooring (stone tile, ceramic tile & porcelain tile), and Pre-

Approved Floor System #2 is for Wood/Laminate Flooring (Solid wood, engineered

wood, laminate & luxury vinyl tile) directly adhered and floating flooring

assemblies.

a. Pre-Approved Flooring System #1 - Tile Flooring

1. At the perimeter of the entire floor and the periphery of all protrusions to

that floor, install a perimeter isolation board of 3/4” thick, closed cell

expanded polyethylene within 1/4” of the finished surface. (Kinetics Noise

Control manufactures such a perimeter board, type P.I.B.). Ensure that

there is no bridging over perimeter isolation thereby short- circuiting

isolation when grouting is done.

2. Provide a perimeter isolation joint around all built-in casework in contact

with the flooring.

3. Place 5/8" Kinetics SR floorboard over concrete slab, butting all edges

tightly.

4. Place 7/16" glass mesh mortar units, formerly known as "Wonderboard,"

onto the SR Floorboard, leaving 1/4" gaps between each sheet. The units

of "Wonderboard" should be taped on the underside, edge- bonded and

fiberglass taped on the top with a skim coat of Portland cement.

5. Install all products as per the manufacturer's recommendations.

6. After the tile is set and grouted, check for perimeter bridging.

7. Seal floor perimeter with Acoustical (Flexible) Sealant.

8. A sealant is required at the perimeter of the entire floor and the periphery

of all protrusions to that floor. This joint should be 1/8" wide from the

finished top of the tile. This joint must be filled with an elastomeric

sealant or an acoustical sealant. Hard grout is unacceptable.

9. Refer to “Hard Flooring Requirements – Tile Flooring” attached as Exhibit

F for a schematic of Pre-Approved Floor System #1

b. Pre-Approved Floor System #2 - Wood /Laminate Flooring (Glue

Down or Nail Down)

1. At the perimeter of the entire floor and the periphery of all protrusions to

that floor, install a perimeter isolation board of 3/4” thick, closed cell

expanded polyethylene within 1/4" of the finished surface. Ensure that

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there is no bridging over perimeter isolation thereby short-circuiting

isolation.

2. Provide a perimeter isolation joint around all built-in casework in contact

with the flooring.

3. Place 5/8" Kinetics SR floorboard over concrete slab, butting all edges

tightly.

4. Apply first layer of 3/8” (minimum) plywood on top of SR Board. After

applying glue or mastic, place a second layer of 3/8” (minimum) plywood

90 degrees to the first layer offset so that the seams do not line up, then

screw down the center and comers of this top layer of plywood to the first

layer being sure not to penetrate the underlayment.

5. Provide an additional layer of 3/4” plywood in the same plane as any

underfloor electrical conduit or wiring. Acoustically isolate all electrical

conduit and junction boxes in the hard surface flooring assembly.

6. Install wood floor on top of plywood by glue or nails. Select nail length

based on the nails not penetrating the Kinetics SR board, or a rubber

based adhesive such as Wakol TS 102

7. Install all materials as per the manufacturer's recommendations.

8. Seal floor perimeter with Acoustical (Flexible) Sealant. A sealant is

required at the perimeter of the entire floor and the periphery of all

protrusions to that floor. This joint should be 1/8" wide from the finished top

of the tile. This joint must be filled with an elastomeric sealant or an

acoustical sealant. Hard grout is unacceptable.

9. Refer to “Hard Flooring Requirements” attached as Exhibit F for a

schematic of Pre-Approved Floor Assembly #2.

Contractor shall confirm that the Unit is supplied with fresh air from a Corridor

vent. Provide 1/2” clearance under all bathroom doors for ventilation. Provide 1”

clearance under any base-board heater cover for proper ventilation. Additionally,

provide a gap under all wall bases and shoe moldings to allow an acoustical

separation between the hard surface flooring and wall structure.

For each Pre-Approved Floor Assembly, Contractor must certify in writing (a) that,

to Contractor’s best knowledge, none of the materials or methods used were

defective, and (b) that all materials have been installed per manufacturer’s

recommendations and that the completed flooring assembly has been installed per

the applicable specifications above.

3. Complaint Procedure for a Pre-Approved Flooring Assembly.

The owner of a unit located immediately below a Unit having a Pre-Approved Floor

Assembly installed after August 10, 2017 may request in writing that the flooring

assembly be investigated for compliance with these rules. Such request shall

include a description of the nature, room location, frequency and duration of the

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noise giving rise to the complaint as well as a description of any modifications from

original as built condition made to Complaining Owner’s ceiling. Reference is

hereby made to the Owner acknowledgments set forth in Section III.N.1 above.

The President of the Board or designee shall request that the complaining Owner

deposit with the Association 100% of the estimated cost of inspecting such flooring

assembly. Upon receipt of such deposit, Associate’s Professional will inspect the

flooring assembly for compliance with these rules, and the complaining owner and

the owner of the Unit containing the hard-surface flooring must both cooperate

fully with such inspection. The determination of Associate’s Professional shall be

final and conclusive on all parties.

If a Pre-Approved Flooring Assembly is found by Associate’s Professional to have

been properly installed in accordance with the submitted specifications using non-

defective materials and methods, then the full cost of the investigation shall be

borne by the complaining owner out of his or her deposit, and no action will be

taken against the owner of the Unit with the hard surface flooring.

If a Board-approved flooring assembly is found by Associate’s Professional to have

not been properly installed, not installed in accordance with the submitted

specifications, and/or installed with defective materials or methods, then the

complaining owner’s deposit shall be fully refunded; the full cost of the

investigation shall be borne by the owner of Unit containing the hard-surface

flooring assembly; and the owner of the Unit with the hard-surface flooring

assembly must remove the Unit’s flooring assembly and replace it with wall-to-

wall carpeting or a Pre-Approved Flooring Assembly that complies with these

rules within thirty (30) calendar days.

4. Approval Based On Post-Installation Testing of Floor.

Any hard surface flooring that is not a Pre-Approved Flooring Assembly will be

approved only:

a. With Contractor’s written certification (i) that, to Contractor’s best

knowledge, none of the materials or methods used were defective, and

(ii) that all materials have been installed per manufacturer’s

recommendations; and

b. If an acoustical engineer engaged by the Board field tests the fully-

installed flooring assembly in the Unit in question and provides the

Board with written confirmation that the floor assembly satisfies the

following two performance specifications:

(i) The finished floor assembly has a field impact insulation

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class rating of not less than 55 AIIC when field-tested in

the Unit in accordance with the American Society for

Testing Materials (ASTM) Designation E-1007 ("Field

Measurement of Tapping Machine Impact Sound

Transmission Through Floor-Ceiling Assemblies") with

classification in accordance with ASTM Designation E

989 "Standard Classification for Determination of Impact

Insulation Class (IIC)"; and

(ii) The Absorption Normalized Impact Sound Pressure

Level (ANISPL) of the flooring assembly, as tested and

calculated in accordance with ASTM E-1007 (“Field

Measurement of Tapping Machine Impact Sound

Transmission Through Floor-Ceiling Assemblies and

Associated Support Structures”), does not exceed 47 dB

in the 400 Hz one-third octave frequency, 41 dB in the

630 Hz one-third octave frequency, and 36 dB in the 1000

Hz octave frequency.

In the event the conditions of clauses 4(a) and (b) are not satisfied, the owner of the

Unit with the hard surface flooring must remove the Unit’s flooring assembly and

replace it with wall-to-wall carpeting or a Pre-Approved Flooring Assembly that

complies with these rules within thirty (30) calendar days. The Unit Owner bears

all risks of installing a flooring assembly other than a Pre-Approved Flooring

Assembly.

The Owner requesting approval for hard surface flooring that is not a Pre-

Approved Flooring Assembly must bear the full cost of acoustical testing,

regardless of whether the flooring is approved. The owner of any Unit located

immediately below a Unit seeking approval for installation of hard surface

flooring shall provide the Board’s acoustical engineer with reasonable access to

such Unit to conduct acoustical testing.

Every request for approval of a hard surface floor assembly that is not a Pre-

Approved Flooring Assembly must be accompanied by detailed specifications for

the flooring assembly, data sheets for all installation materials, detailed

construction/installation details, and a written certification from a licensed

architect or engineer that the flooring assembly satisfies the performance

specifications noted above.

A hard surface flooring assembly that has been approved through acoustical

testing as specified above (an “Approved Acoustically Tested Flooring Assembly”) is

not subject to challenge by other Unit Owners, but a copy of all certification and

test results described above in this Section 4 will be supplied by Management upon

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request by Owner of any adjacent unit.

.

5. Inspections.

All hard surface flooring installations are subject to in-progress and post-completion

inspections by the Association’s Professional and/or staff. An interim inspection of

every hard surface flooring installation is required after the latex concrete fill is

installed, after the acoustical underlayment is installed, after the subflooring

(plywood or cement board) is installed, and after any hard surface flooring and base

is installed. Unit Owner shall be responsible for all costs associated with such

inspections, whether performed by Association’s Professional or staff.

O. STRUCTURAL LOADING OF FINISHED FLOORING

The following procedures must be strictly adhered to as it relates to the leveling of

floor slabs under different types of finished flooring installation.

Wood/Laminate Flooring Assembly (Solid wood, engineered wood, laminate & luxury vinyl tile)

Detail B on “Hard Flooring Requirements” attached as Exhibit F illustrates the

approved section for a “Wood/Laminate Flooring” installation. The maximum of

latex concrete fill to be added to the existing concrete slab when Wood/Laminate

Flooring is to be installed is a 1/2" average over any bay. Latex concrete fill

exceeding an average of 1/2" in any bay will cause structural deficiencies and is

strictly prohibited. The Unit Owner will be responsible for any structural damage

caused by concrete fill operations.

Tile Flooring Assembly (Stone tile, ceramic & porcelain) Detail A on “Hard Flooring Requirements” attached as Exhibit F illustrates the

approved section for a Tile Flooring installation. The maximum of latex concrete fill

to be added to the existing concrete slab when 3/8" thin-set stone/ceramic tile is to

be installed is a 1/2" average over any bay. Latex concrete fill exceeding an average

of 1/2" in any bay will cause structural deficiencies and is strictly prohibited. Owner

will be responsible for any structural damage caused by concrete fill operations.

The Association shall not be responsible for stone or tile cracking, all finish

materials should be capable of spanning any movement in the underlayment.

Carpet

The maximum of latex concrete fill to be added to the existing concrete slab when

carpet is to be installed is a 3/4" average over any bay. Latex concrete fill

exceeding an average of 3/4" in any bay will cause structural deficiencies and is

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strictly prohibited. The Unit Owner will be responsible for any structural damage

caused by concrete fill operations.

Stone Slab (3/4” thickness or greater)

Detail A on “Hard Flooring Requirements” attached as Exhibit F) illustrates a

similar section to a Tile Flooring Assembly installation. The maximum of latex

concrete fill to be added to the existing concrete slab when 3/4" (or greater) stone

slab is to be installed is a 1/4" average over any bay. Latex concrete fill exceeding

an average of 1/4" in any bay will cause structural deficiencies and is strictly

prohibited.

The Unit Owner will be responsible for any structural damage caused by concrete

fill operations. The Association shall not be responsible for stone cracking, all

stone specified should be capable of spanning any movement in the underlayment.

All floors to which latex concrete fill has been applied must be inspected by

Association’s Professional or maintenance staff (as applicable) prior to being

covered up with any additional materials.

All floor and wall stone slabs greater than 3/4 “ thickness shall require the Unit

Owner to provide an Illinois licensed Structural Engineer’s signed and sealed

statement with calculations confirming that the building’s structure can support

the increased loading.

P. UTILITY SERVICE INTERRUPTIONS

Contractor is required to give the Management Office at least three business

days’ notice before any Condominium or utility service interruption that affects

occupied or unoccupied areas. Each request for such interruption will indicate

estimated downtime. No utility interruption will be permitted without written

approval from the Association.

Q. FIRE PROTECTION

Contractor shall provide a fire protection and prevention program for its

employees and personnel at the Condominium and provide and maintain fire

extinguishing equipment ready for instant use at all areas, as required to

supplement temporary or permanent fire extinguishing equipment as provided by

code.

Contractor shall enforce fire-safety discipline as follows:

a. Avoid accumulations of flammable debris and waste in or about the

Condominium.

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b. Smoking is prohibited in all Common Elements.

c. Closely supervise welding and torch-cutting operations in the vicinity

of combustible materials and volatile conditions.

d. Portable heating units and fuel shall not be allowed anywhere in the

Condominium.

e. Maintain fire-extinguishing equipment in working condition, with

current inspection certificate attached to each extinguisher, as

required by code.

A qualified sprinkler contractor licensed by the City of Chicago must do sprinkler

modification Work. If propane tanks are used on the job they must be stored in an

appropriate metal fire proof cabinet or removed from the Condominium at the end

of each day. Contractor must have an ABC Fire Extinguisher on the premises at

all times.

The fire protection sprinkler system must be refilled every evening if a drain down

of the sprinkler system is required. All alarms should be operable after refilling.

The Association’s maintenance staff will perform all drain downs and recharging of

the fire protection sprinkler system. There is a lump sum charge in the amount set

forth in “Deposits, Fees and Fines” attached as Exhibit G for each recharging of the

fire protection sprinkler system, which expense will be billed to the Owner.

R. CLEAN-UP

Contractor shall provide all labor, equipment, & supervision necessary to clean up

& remove from the Unit, all trash, rubbish, cartons, wood, old appliances,

carpeting & other debris at the Contractor's expense. Trash, etc. shall be removed

and transported by Contractor from the Condominium daily. Arrangements for

removal of trash, etc. must be scheduled in advance with the Management Office,

but shall be the responsibility and at the expense of Contractor.

At the end of each day corridors must be cleaned.

Proper equipment such as gondolas, flatbed trucks, 55-gallon drums etc., must be

used for the removal of debris, and must be covered during removal. Bags are not

considered appropriate.

At the completion of their Work, Contractor shall remove all waste materials and

rubbish from and about the site as well as all tools, construction equipment,

machinery and surplus materials.

The Condominium trash chutes or the Condominium's dumpster may not be used

for construction debris.

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Should Contractor fail to clean up & remove trash as described above, the

Association shall, - after issuing 24-hour notification of noncompliance, - provide

cleanup & trash removal services and charge all out-of-pocket costs to the Owner

with the Monthly Assessment.

S. PROTECTION FROM WATER/FREEZING

In any area subject to damage from freezing, Contractor shall provide temporary

closures and shall be responsible for maintaining the temperature at not less than

55 degrees F. Under no circumstances shall the temperature be allowed to reach a

level that will cause damage to any portion of the Subject Unit, the Common

Elements or other Units of the Condominium.

Contractor shall protect the Condominium from all leakage and water damage.

T. ENVIRONMENTAL PROTECTION

Contractor shall comply with pollution and environmental protection regulations

for the use of water and other services, and for discharge of wastes and storm

water drainage from the Condominium. All solid and liquid wastes, and hazardous

substances (e.g. solvents, cleaners, waste oils, etc.) shall be handled and/or

disposed of in full compliance with all applicable federal, state and local statutes,

regulations, ordinances and rules. No building construction waste shall be

disposed of down drains. No toxic materials shall be used; provide proper

ventilation for all materials involving noxious odors.

U. SUPERVISION

Contractor shall maintain supervisory personnel on-site at all times when

Contractor has Work in progress on site. Such supervisory personnel must be (i)

fully able to communicate with Association staff and Association’s Professionals,

(ii) empowered to coordinate and direct the work of his forces and subcontractors

and (iii) in numbers sufficient to properly supervise Work. In the event Contractor

fails to maintain such supervisory personnel, Association may, but shall not be

obligated so to do, immediately close the Contractor’s job site in the Subject Unit

and remove or cause to be removed all personnel therefrom until such failure is

rectified.

V. SAFETY REQUIREMENTS

Contractor shall be responsible for initiating, maintaining and supervising all

safety precautions and programs in connection with the Subject Unit’s remodeling

Work

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Contractor shall take all reasonable precaution for the safety of, and shall provide

all reasonable protection to prevent damage, injury or loss to:

a. All employees performing any of the Condominium remodeling

Work and all other persons who may be affected thereby.

b. All Condominium remodeling Work and all materials and equipment to

be incorporated therein, whether in storage on or off the site, under the

care, custody or control of Contractor or any of its Subcontractors or

Sub-subcontractors.

Contractor shall give all notices and comply with all applicable laws, ordinances,

rules, regulations and lawful orders of any public authority bearing on the safety of

persons or property or their protection from damage, injury or loss.

Contractor shall erect and maintain, as required by existing conditions and

progress of the Condominium remodeling Work, all reasonable safeguards for

safety and protection.

Any accidents or injuries that occur on the work site, no matter how minor, must

be reported to the Management Office within 24 hours after the occurrence. If an

accident or injury occurs due to the existence of a dangerous condition, the

Contractor shall take immediate steps to secure the area in order to protect others

from further injury and notify the Management Office so that abatement of the

condition can take place immediately.

When the use or storage of flammable or other hazardous materials or equipment

is necessary for the execution of the Condominium remodeling Work, Contractor

shall exercise the utmost care and shall carry on such activities under the

supervision of properly qualified personnel.

SECTION IV. HOISTING

A. FREIGHT ELEVATOR

The freight elevator is the ONLY elevator to be used for manpower, equipment

and materials. All materials or debris must be removed through the freight

elevator.

Hours of operation are: Monday through Friday 8:00am - 5:00pm.

The freight elevator is the "Fireman's Car" and must be free to respond to

recall and use by the Fire Department when required.

The freight elevator measures 12’ high by 6'3" wide by 8' 10" deep.

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Violations, potentially resulting in fines against the Owner (as set forth in

“Deposits, Fees and Fines” attached as Exhibit G) or other actions (e.g.,

warnings, closing down the Work, barring Contractors or Workers (temporarily

or permanently) from performing Work in the Condominium), will be issued if

the freight elevator rules are not followed.

B. DELIVERY PROCEDURES/SCHEDULING

Contractors must contact the Management Office and become familiar with the

delivery procedures prior to arranging for any delivery of materials, equipment or

tools.

Contractors must arrange for access to the Unit at the time of the delivery. Such

arrangements must be made through the Management Office during regular

office hours and include written permission from the Owner.

As the freight elevator must be available for use by residents, staff, movers,

delivery persons and other contractors, exclusive use is not permitted.

C. LOADING DOCK

The entrance to the loading dock is located on Mies van der Rohe, a one­ way

street heading north. The loading dock is for loading and unloading only; parking

of vehicles is not permitted.

Dock height is 14'6" & can accommodate a truck 12-1/2' high x 60' long.

All deliveries must be through the loading dock only. No deliveries will be

allowed to enter the Condominium through any other locations.

When trucks arrive at the Security Office, drivers must provide the name of the

Contractor receiving the delivery. The Contractor must be at the dock within

twenty minutes. Goods will not be unloaded until the Contractor is on the dock. If

the Contractor fails to appear, the delivery truck will be sent back, and the Owner

shall be liable for any redelivery charges. Materials, equipment, tools etc., may

NOT be left on the dock for any length of time.

Adherence to the City of Chicago time limits, parking & truck restrictions for

areas surrounding Water Tower Place must be obeyed.

To arrange for a dumpster, please call the Dock Master at 312-440-3160

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D. HOISTING DELAYS

Hoisting delays resulting from freight elevator mechanical failure, maintenance or

emergency may occur from time to time. Neither the Association nor Management

shall be held liable for any such delays.

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EXHIBIT A ACKNOWLEDGMENT AND INDEMNITY

Unit Owner:

The undersigned Unit Owner received the Remodeling Rules and Procedures (effective

August 10, 2017) for 180 East Pearson Street Homeowners Association (the “Remodeling

Rules”) and agrees to abide by the rules and procedures set forth therein.

Unit Owner Name(s): __________________________________________

Unit #:_________, Phone #: ________________, Date: _____________

Signature(s): _____________________________ ________________________________

Unit Owner's Contractor:

Contractor acknowledges that it has received a copy of the Remodeling Rules and

Procedures (effective August 10, 2017), reviewed them, understands them and will in all

cases abide by all of the terms, conditions and requirements contained therein while

completing Work at the Condominium on behalf of a Unit Owner. Contractor will be

responsible for providing a copy of the Remodeling Rules to its employees, suppliers, and

subcontractors working in the Condominium, all of whom shall be bound by these

Remodeling Rules as well. Contractor shall incorporate by reference the terms hereof into

any contract or agreement with any subcontractor employed by or retained by Contractor

in connection with Contractor's work in the Condominium and shall deliver copies of all

such subcontracts to the Management Office upon request. In all cases, Unit Owner and

Contractor shall be responsible for the compliance by its employees, suppliers, and

subcontractors with the Remodeling Rules and, in consideration for Contractor's

performance of certain work at the Condominium Unit, Contractor agrees, to the greatest

extent permitted by Illinois law, to defend, indemnify and hold harmless, including

through the payment of reasonable attorney's fees, costs, and expenses, the Association,

and the Association's Unit Owners, Board members, management personnel, and the

Association's employees and consultants, and all of their successors, assigns, heirs and

beneficiaries (as applicable) from and against any and all liabilities, loss, or damage they

may suffer or incur as a result of any claims, demands, costs or judgments against them

arising out of or related in any way to the activities of Contractor, its subcontractors

and/or Contractor or subcontractors' employees and agents performing operations on or

about a Unit or on or about the Condominium.

Contractor agrees that it will be working exclusively in the following Unit(s): ________

Agreed to this ____ day of _______________, 20__

Name of Contractor’s company: __________________________________________

Contractor Name: ________________________, Title: ___________________, Date: __________

Signature: ________________________________________

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EXHIBIT B-1 CONTRACTOR’S INSURANCE REQUIREMENTS FOR

CATEGORY A PROJECTS

1. Adequate Workers' Compensation Insurance to cover all employees engaged in

the Work and to protect Contractor and the insured parties named in the

subparagraph 6 of this Exhibit B from any and all liability under Illinois law,

the amount of which insurance shall be in accordance with statutory

requirements of Illinois, and Employers Liability Insurance with limits not less

than $1,000,000 per occurrence, per employee. Refer to paragraph 8 below for

additional requirements.

2. Comprehensive General Liability Insurance should include Owners' and

Contractors' future liability insurance and coverage under the Scaffolding Act

of the State of Illinois.

a. Bodily Injury Liability, each occurrence $1,000,000

b. Bodily Injury Liability, aggregate $1,000,000

c. Property Damage Liability, each occurrence $1,000,000

d. Property Damage Liability, aggregate $1,000,000

e. Personal Injury Liability, aggregate $1,000,000

Such insurance shall provide coverage for explosion, collapse and damage to

embedded utility lines and contractual liability coverage and shall insure

Contractors against any and all claims for personal injury, including death

resulting therefrom and damage to property of others, arising from operations

under contracts whether such operations are performed by Contractors or by

anyone directly or indirectly employed by any of them. Refer to paragraph 8

below for additional requirements.

3. Comprehensive Automobile Liability Insurance including the ownership,

maintenance and operation of any automotive equipment owned, maintenance

and operation of any automotive equipment owned, hired and non-owned in not

less than the following minimum amounts:

a. Bodily Injury Liability, each person $1,000,000

b. Bodily Injury Liability, each occurrence $1,000,000

c. Property Damage Liability, each occurrence $1,000,000

Such insurance shall insure Unit Owner's Contractors against any and all

claims for bodily injury, including death resulting therefrom and damage to

property of others, arising from operations under contracts whether such

operations are performed by Unit Owner's Contractors or by anyone directly or

indirectly employed by any of them. Refer to paragraph 8 below for additional

requirements.

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4. Owner's Protective Liability Insurance insuring Unit Owner against any and all

liability to third parties for damage because of bodily injury, including death

resulting therefrom, property damage to others or a combination thereof which

may arise from work being performed in the Unit and any other liability for

damages which Contractors are required to insure against under any provision

herein. Said insurance shall be provided in not less than the following

minimum amounts:

a. Bodily Injury Liability, each occurrence $1,000,000

b. Bodily Injury Liability, aggregate $1,000,000

c. Property Damage Liability, each occurrence $1,000,000

d. Property Damage Liability, aggregate $1,000,000

Refer to paragraph 8 below for additional requirements.

5. Fire, casualty and special coverage insurance in amounts reasonably required

by Association with respect to Contractor’s equipment and materials not

incorporated in the Unit. Refer to paragraph 8 below for additional

requirements.

6. Builder's Risk Completed Value Form affording "All Risks of Physical Loss or

Damage" on Contractor’s or subcontractors’ work in the Subject Unit as it

relates to the Condominium, naming the Board of Directors and Agents, the

interests of the Homeowners Association, its lenders and their respective

agents and employees and Contractors or subcontractors’, as their respective

interests may appear, within a radius of 100 feet of the Subject Unit. Refer to

paragraph 8 below for additional requirements.

7. The 180 East Pearson Homeowners Association requires the following list to be

included on every insurance policy as additional insureds in connection with

the foregoing liability insurance and loss payees in connection with the

foregoing casualty insurance:

a. Lieberman Management Services, or the Association’s then current

Management

b. 180 East Pearson Homeowners Association

c. Board of Directors of the 180 East Pearson Homeowners Association.

d. Association’s Professional & Consultants (to be identified by

Management)

It is recommended, but not required, by the Association that Unit Owners also

be included as additional insureds under their Contractor’s policies.

8. All such insurance shall be written on an occurrence basis and shall be in such

form and substance, and written by an insurer, as shall be satisfactory to the

Association. The coverage of the Commercial General Liability Insurance and

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fire, casualty and special coverage insurance must be primary to any valid and

collectible insurance carried separately by Association and the other parties

listed above. The Commercial General Liability Insurance shall contain a

severability of interest endorsement, where applicable. The policies shall

provide that Association will be given not less than ten (10) calendar days prior

written notice of cancellation or expiration of the insurance. All such policies

shall contain endorsements providing for the insurer’s waiver of all rights of

subrogation against the Association and all other Association Indemnified

Parties.

9. Certificates of Insurance evidencing the foregoing coverage must be furnished

to the Management Office forty-eight (48) hours prior to the commencement of

any work within the Unit. Please include the Owner's name and the unit

number where Contractor will be working. If Contractor will be working in the

near future, please fax the Certificates of Insurance to the Management Office

to ensure Unit access.

10. In addition, Certificates of Insurance for each subcontractor regardless of

coverage must be furnished to the Management Office forty-eight (48) hours

prior to the commencement of any work within the Unit. Please include the

Owner's name and the unit number where Contractor will be working. If

Contractor will be working in the near future, please fax the Certificates of

Insurance to the Management Office to ensure Unit access.

11. Any Certificates of Insurance which do not fulfill the obligations and/or limits

set forth herein must be approved by the Board of Directors, its Managing

Agent or the Association's Professional in writing prior to the commencement of

any work/construction.

12. Any questions, please call the Management Office at: 312-337-5303 or fax to:

312-337-4857.

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EXHIBIT B-2 CONTRACTOR’S INSURANCE REQUIREMENTS FOR

CATEGORY B PROJECTS

1. Adequate Workers' Compensation Insurance to cover all employees engaged in

the Work and to protect Contractor and the insured parties named in the

subparagraph 6 of this Exhibit B from any and all liability under Illinois law,

the amount of which insurance shall be in accordance with statutory

requirements of Illinois, and Employers Liability Insurance with limits not less

than $1,000,000 per occurrence, per employee. Refer to paragraph 8 below for

additional requirements.

2. Comprehensive General Liability Insurance should include Owners' and

Contractors' future liability insurance and coverage under the Scaffolding Act

of the State of Illinois.

a. Bodily Injury Liability, each occurrence $3,000,000

b. Bodily Injury Liability, aggregate $3,000,000

c. Property Damage Liability, each occurrence $3,000,000

d. Property Damage Liability, aggregate $3,000,000

e. Personal Injury Liability, aggregate $3,000,000

Such insurance shall provide coverage for explosion, collapse and damage to

embedded utility lines and contractual liability coverage and shall insure

Contractors against any and all claims for personal injury, including death

resulting therefrom and damage to property of others, arising from operations

under contracts whether such operations are performed by Contractors or by

anyone directly or indirectly employed by any of them. Refer to paragraph 8

below for additional requirements.

3. Comprehensive Automobile Liability Insurance including the ownership,

maintenance and operation of any automotive equipment owned, maintenance

and operation of any automotive equipment owned, hired and non-owned in not

less than the following minimum amounts:

a. Bodily Injury Liability, each person $2,000,000

b. Bodily Injury Liability, each occurrence $2,000,000

c. Property Damage Liability, each occurrence $2,000,000

Such insurance shall insure Unit Owner's Contractors against any and all

claims for bodily injury, including death resulting therefrom and damage to

property of others, arising from operations under contracts whether such

operations are performed by Unit Owner's Contractors or by anyone directly or

indirectly employed by any of them. Refer to paragraph 8 below for additional

requirements.

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4. Owner's Protective Liability Insurance insuring Unit Owner against any and all

liability to third parties for damage because of bodily injury, including death

resulting therefrom, property damage to others or a combination thereof which

may arise from work being performed in the Unit and any other liability for

damages which Contractors are required to insure against under any provision

herein. Said insurance shall be provided in not less than the following

minimum amounts:

a. Bodily Injury Liability, each occurrence $3,000,000

b. Bodily Injury Liability, aggregate $3,000,000

c. Property Damage Liability, each occurrence $3,000,000

d. Property Damage Liability, aggregate $3,000,000

Refer to paragraph 8 below for additional requirements.

5. Fire, casualty and special coverage insurance in amounts reasonably required

by Association with respect to Contractor’s equipment and materials not

incorporated in the Unit. Refer to paragraph 8 below for additional

requirements.

6. Builder's Risk Completed Value Form affording "All Risks of Physical Loss or

Damage" on Contractor’s or subcontractors’ work in the Subject Unit as it

relates to the Condominium, naming the Board of Directors and Agents, the

interests of the Homeowners Association, its lenders and their respective

agents and employees and Contractors or subcontractors’, as their respective

interests may appear, within a radius of 100 feet of the Subject Unit. Refer to

paragraph 8 below for additional requirements.

7. The 180 East Pearson Homeowners Association requires the following list to be

included on every insurance policy as additional insureds in connection with

the foregoing liability insurance and loss payees in connection with the

foregoing casualty insurance:

a. Lieberman Management Services, or the Association’s then current

Management

b. 180 East Pearson Homeowners Association

c. Board of Directors of the 180 East Pearson Homeowners Association.

d. Association’s Professional & Consultants (to be identified by

Management)

It is recommended, but not required, by the Association that homeowners also be

included as additional insureds under their Contractor’s policies.

8. All such insurance shall be written on an occurrence basis and shall be in such

form and substance, and written by an insurer, as shall be satisfactory to the

Association. The coverage of the Commercial General Liability Insurance and

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fire, casualty and special coverage insurance must be primary to any valid and

collectible insurance carried separately by Association and the other parties

listed above. The Commercial General Liability Insurance shall contain a

severability of interest endorsement, where applicable. The policies shall

provide that Association will be given not less than ten (10) calendar days prior

written notice of cancellation or expiration of the insurance. All such policies

shall contain endorsements providing for the insurer’s waiver of all rights of

subrogation against the Association and all other Association Indemnified

Parties.

9. Certificates of Insurance evidencing the foregoing coverage must be furnished

to the Management Office forty-eight (48) hours prior to the commencement of

any work within the Unit. Please include the Owner's name and the unit

number where Contractor will be working. If Contractor will be working in the

near future, please fax the Certificates of Insurance to the Management Office

to ensure Unit access.

10. In addition, Certificates of Insurance for each subcontractor regardless of

coverage must be furnished to the Management Office forty-eight (48) hours

prior to the commencement of any work within the Unit. Please include the

Owner's name and the unit number where Contractor will be working. If

Contractor will be working in the near future, please fax the Certificates of

Insurance to the Management Office to ensure Unit access.

11. Any Certificates of Insurance which do not fulfill the obligations and/or limits

set forth herein must be approved by the Board of Directors, its Managing

Agent or the Association's Professional in writing prior to the commencement of

any work/construction.

12. Any questions, please call the Management Office at: 312-337-5303 or fax to:

312-337-4857.

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41

EXHIBIT C SUBMISSIONS REQUIREMENTS CHECKLIST: Step 1 – Project Classification Requirements (All Projects):

Written Scope of Work

Upon review of the Written Scope of Work, Management will provide a

Project Category Classification which will then determine the requirements

for Step 2.

Step 2A – Category A Preapproval Document Requirements:

Proposed Project Scope and Schedule, including description of the Work,

anticipated commencement date, duration of Work, estimated completion date, and

anticipated material delivery schedules

The above document(s) will be reviewed by Management. Management’s review

may take up to 10 business days. This step of the review process will result in one

of the following:

• Request for further information

• Rejection of proposed project scope

• Preliminary approval of proposal. Step 2B – Category B Preapproval Document Requirements:

Proposed Project Scope and Schedule, including description of the Work,

anticipated commencement date, duration of Work, estimated completion

date, anticipated material delivery schedules, and plan and anticipated

schedule of any required shut downs or drain downs

Installation details providing proposed structural loading capacities

and penetrations

Proposed Floor Underlayment Product Specification (if applicable)

Proposed New Floor Plan Drawing indicating all areas of Work

Proposed Demolition Plan Drawing, must show all existing

conditions

Proposed New Plumbing Drawing, must include isometric diagrams

for water and waste

Proposed New HVAC Drawing (if applicable)

Proposed New Electrical Drawing, including wiring diagrams

Proposed bathtub or whirlpool product information. This

submission must include the weight of tub when full (if applicable)

Letter to the Board of Directors requesting modification of the

Common Elements or Limited Common Elements (if applicable)

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42

EXHIBIT C SUBMISSIONS REQUEST CHECKLIST, continued.

The above documents will be submitted to the Association's Professional for review.

Management and the Association’s Professional’s review may take up to ninety (90)

calendar days to review Category B projects. This step of the review process will

result in one of the following:

• Request for further information

• Rejection of proposed project scope

• Preliminary approval of proposal.

Step 3A – Category A Requirements to Obtain an Approval to Proceed:

Acknowledgment and Indemnity, signed by Unit Owner and Contractor.

Refer to "Acknowledgment and Indemnity" attached as Exhibit A.

Certificates of Insurance, including Workers Compensation and

Employers' Liability insurance, from each Contractor and subcontractor as

outlined in “Contractor’s Insurance Requirements for Category A Projects”

attached as Exhibit B-1.

“Authorization by Unit Owner to Admit Contractors & Subcontractors to

Unit," signed by Owner listing of all contractors and Subcontractors,

including Names, and Phone Numbers, so they may be included on the dock

security entry authorization list and reached in case of an emergency. Refer

to “Authorization by Unit Owner to Admit Contractors & Subcontractors to

Unit," attached as Exhibit E.

A copy of the Business License for each Contractor and subcontractor

performing Work in the Subject Unit

An “Approval to Proceed Letter Contingent on Obtaining Permits” (refer to

“Approval to Proceed Letter Contingent on Obtaining Permits” attached as

Exhibit D-1), completed and signed by the Board President or designee and

countersigned by Owner shall be provided to Owner to enable Owner to obtain

all necessary permits.

Upon Owner’s submission of a copy of each signed required permit, or, if no

permits are required for the Category A project, an “Approval to Proceed

Letter” (refer to “Approval to Proceed Letter” attached as Exhibit D-3), shall be

issued. Such Approval to Proceed Letter completed and signed by the Board

President or designee and countersigned by Owner and placed on file in the

Management Office is required prior to the commencement of any Work other

than demolition Work as provided below. No Worker access will be allowed

prior to the Approval to Proceed other than for demolition Work as provided

below.

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43

EXHIBIT C SUBMISSIONS REQUEST CHECKLIST, continued.

In the event any signed required demolition permit(s) is obtained and

submitted prior to obtaining any other required permits, an “Approval to

Proceed with Demolition Only Letter” (refer to “Approval to Proceed with

Demolition Only Letter” attached as Exhibit D-2), shall be issued. Such

Approval to Proceed with Demolition Only Letter completed and signed by the

Board President or designee and countersigned by Owner and placed on file in

the Management Office is required prior to the commencement of any

demolition Work and is limited to the demolition Work described in the

submitted permit(s). No Worker access will be allowed prior to the Approval to

Proceed other than for the demolition Work described in the submitted

permit(s).

In the event the approved Work and/or its duration should change after issuance of

an Approval to Proceed Letter, Owner shall inform Management immediately, the

approval process must be completed again for any Work that has been added or

substantially changed, and such Approval to Proceed Letter shall become void with

respect to such Work unless and until the renewed approval process is completed

and an updated Approval to Proceed Letter is issued pursuant to this Section.

Work approved in the original Approval to Proceed letter may proceed during the

renewed approval process.

Violations, potentially resulting in fines against the Owner (as set forth in

“Deposits, Fees and Fines” attached as Exhibit G) or other actions (e.g.,

warnings, closing down the Work, barring Contractors or Workers (temporarily

or permanently) from performing Work in the Condominium), will be issued if

any demolition Work begins prior to issuance of an Approval to Proceed with

Demolition Work Only Letter (if applicable) or any Work other than demolition

Work permitted under the Approval to Proceed with Demolition Work Only

Letter begins prior to issuance of an Approval to Proceed Letter.

Step 3B – Category B Requirements to Obtain an Approval to Proceed:

Acknowledgment and Indemnity, signed by Unit Owner and Contractor.

Refer to "Acknowledgment and Indemnity" attached as Exhibit A.

Certificates of Insurance, including Workers Compensation and

Employers' Liability insurance, from each Contractor and subcontractor as

outlined in “Contractor’s Insurance Requirements for Category B Projects”

attached as Exhibit B-2.

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44

EXHIBIT C SUBMISSIONS REQUEST CHECKLIST, continued.

“Authorization by Unit Owner to Admit Contractors & Subcontractors to

Unit," signed by Owner listing of all contractors and Subcontractors,

including Names, and Phone Numbers, so they may be included on the dock

security entry authorization list and reached in case of an emergency. Refer

to “Authorization by Unit Owner to Admit Contractors & Subcontractors to

Unit," attached as Exhibit E.

A copy of the Business License for each contractor and subcontractor

performing Work in the Subject Unit.

Payment of the deposit pursuant to Section III.C of the Rules in the amount

set forth in Exhibit G.

An “Approval to Proceed Letter Contingent on Obtaining Permits” (refer to

“Approval to Proceed Letter Contingent on Obtaining Permits” attached as

Exhibit D-1), completed and signed by the Board President or designee and

countersigned by Owner shall be provided to Owner to enable Owner to obtain

all necessary permits.

Upon Owner’s submission of a copy of each signed required permit, an

“Approval to Proceed Letter” (refer to “Approval to Proceed Letter” attached as

Exhibit D-3), shall be issued. Such Approval to Proceed Letter completed and

signed by the Board President or designee and countersigned by Owner and

placed on file in the Management Office is required prior to the commencement

of any Work other than demolition Work as provided below. No Worker access

will be allowed prior to the Approval to Proceed other than for demolition Work

as provided below.

In the event any signed required demolition permit(s) is obtained and

submitted prior to obtaining any other required permits, an “Approval to

Proceed with Demolition Only Letter” (refer to “Approval to Proceed with

Demolition Only Letter” attached as Exhibit D-2), shall be issued. Such

Approval to Proceed with Demolition Only Letter completed and signed by the

Board President or designee and countersigned by Owner and placed on file in

the Management Office is required prior to the commencement of any

demolition Work and is limited to the demolition Work described in the

submitted permit(s). No Worker access will be allowed prior to the Approval to

Proceed other than for the demolition Work described in the submitted

permit(s).

In the event the approved Work and/or its duration should change after

issuance of an Approval to Proceed Letter, Owner shall inform Management

immediately, the approval process must be completed again for any Work that

has been added or substantially changed, and such Approval to Proceed Letter

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45

EXHIBIT C SUBMISSIONS REQUEST CHECKLIST, continued.

shall become void with respect to such Work unless and until the renewed approval

process is completed and an updated Approval to Proceed Letter is issued pursuant

to this Section. Work approved in the original Approval to Proceed letter may

proceed during the renewed approval process.

Violations, potentially resulting in fines against the Owner (as set forth in

“Deposits, Fees and Fines” attached as Exhibit G) or other actions (e.g., warnings,

closing down the Work, barring Contractors or Workers (temporarily or

permanently) from performing Work in the Condominium), will be issued if any

demolition Work begins prior to issuance of an Approval to Proceed with

Demolition Work Only Letter (if applicable) or any Work other than demolition

Work permitted under the Approval to Proceed with Demolition Work Only

Letter begins prior to issuance of an Approval to Proceed Letter.

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46

EXHIBIT D-1 APPROVAL TO PROCEED CONTINGENT ON OBTAINING

PERMITS LETTER

180 EAST PEARSON HOMEOWNERS ASSOCIATION

_______, 20__

[Unit Owner(s)]

180 East Pearson Street

Unit: XXXX

Chicago, IL 60611

Re: Plans and Specifications (the "Plans") for "remodeling:" Unit XXXX, ("the

Unit"), at 180 East Pearson Street, Chicago, Illinois

Dear [Unit Owner(s)]:

With reference to the Work plans submitted to the 180 East Pearson Street

Homeowners Association, (Association) for “remodeling” Work in your Unit(s)

(Work), and your request that the Association approve those plans, we bring to

your attention the following requirements of the Homeowner’s Association

pursuant to the Amended Remodeling Rules and Procedures of 180 East Pearson

Street (the “Remodeling Rules”):

NOTE THAT THIS LETTER HAS BEEN ISSUED SOLELY FOR THE

PURPOSE OF OBTAINING PERMITS. NO WORK IS AUTHORIZED

UNDER THIS LETTER. VIOLATIONS, POTENTIALLY RESULTING IN

FINES AGAINST THE OWNER (AS SET FORTH IN “DEPOSITS, FEES

AND FINES” ATTACHED AS EXHIBIT G) OR OTHER ACTIONS (E.G.,

WARNINGS, CLOSING DOWN THE WORK, BARRING CONTRACTORS

OR WORKERS (TEMPORARILY OR PERMANENTLY) FROM

PERFORMING WORK IN THE CONDOMINIUM), WILL BE ISSUED IF

ANY WORK BEGINS PRIOR TO ISSUANCE OF A NON-CONTINGENT

APPROVAL TO PROCEED LETTER.

When performing Work in the Unit, Owner is ENTIRELY responsible for all

aspects of the project, whether the Owner has engaged a professional

contractor, or is acting as his/her own Contractor.

The Association’s management (“Management”) oversees implementation of

the Remodeling Rules and shall be the liaison between Owner and the Board

when necessary.

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47

Owner must conform to the Remodeling Rules and must observe the

Declaration & By-Laws and the House Rules, and must ensure that

Owner's Contractor (“Contractor”), also complies with same.

Violations, potentially resulting in fines against the Owner (as set forth

in “Deposits, Fees and Fines” attached as Exhibit G) or other actions

(e.g., warnings, closing down the Work, barring Contractors or Workers

(temporarily or permanently) from performing Work in the

Condominium), will be issued for violations of the Remodeling Rules.

Owner agrees that all charges that Owner is obligated to pay pursuant to

the Remodeling Rules will be added to Owner’s monthly assessment for the

month immediately following incurrence of the charges, and Owner agrees

to pay the entirety of all such modified Monthly Assessments.

All work must be performed in strict accordance to all applicable building

and fire codes as well as licensing requirements and permit restrictions of

all governmental agencies. Association or Association’s Professional may

make recommendations regarding permits, but the determination of

whether a permit is required or not lies with the Building Code of the City

of Chicago, and is the sole responsibility of Owner to obtain. Owner shall

pay for the building permit(s) and for all other permits, fees, licenses and

instructions necessary for the proper execution and completion of the Work.

It is the Owner’s responsibility to schedule inspections with Management

after application of any latex cement fill, after the installation of

underlayment (in the case of hard surface flooring installations), after the

perimeter acoustical sealant is installed (in the case of hard surface

flooring installations), prior to walls being closed with drywall (in the case

of installation of new plumbing and electrical), and at completion of the

project. The results of these inspections will be provided in a written

document and Owner agrees to comply with the completion of any portions

of work that are required by this document.

The Association reserves the right of access (including without limitation

by one or more retained outside architect(s), engineer(s) or construction

manager(s) (each individually and collectively, “Association’s

Professional”)), to any Unit at any time to observe the Work. Owner and

Contractor shall provide access for and cooperate with the Association and

Association’s Professionals for observation of Work. Furthermore, the

Association reserves the right to stop, delay or request investigative

demolition for any work which has not been approved or which deviates

from the approved plan.

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48

As a courtesy to other Owners, Owner shall, and shall cause Contractor to,

work diligently to minimize the active construction period and to complete

all work by the estimated completion date. If the Work does not progress in

a timely manner, Association or Association’s Professional has the right to

confer with Owner and/or Contractor to develop a program that will ensure

that the Work is performed in an expedited fashion so that completion

meets with the expectations of the Association.

We understand that the Work described in the Plans is for "remodeling," which

will be performed at your expense, lien free, and in accordance with applicable

law in a good and workmanlike manner by reputable, licensed and bonded

contractors.

Based on the foregoing, the Association hereby confirms that as long as the Work

will not impair or adversely affect any Common Elements or Limited Common

Elements of the building, the Association has no objection to the performance of

the Work pursuant to the submitted Plans. However, this statement does not

constitute any assurance by the Association, its members, agents, officers or

employees, of the adequacy or compliance of the work with applicable building

codes, zoning ordinances or any other applicable laws.

Whether or not the Association has engaged a Professional to review the

Plans, the Association makes no determination as to the Plans’ soundness or

compliance with applicable law.

Notwithstanding anything else in this letter, neither the Association, nor any of its

members, agents, officers or employees, shall be liable:

(i) To you, any municipal authority, contractor, subcontractor, materialman

or other person or entity, on account of any such additions, alterations or

improvements, or any other portion of the Work, or

(ii) To any person having any claim for injury to person or damage to

property arising from the performance of the Work or resulting from the

existence of the additions, alterations or improvements constituting part

of the Work.

Moreover, nothing herein shall constitute or be deemed to constitute the waiver by

the Association, or any of its members, of any claims under, or of strict compliance

with, the Declaration and the Rules and Regulations by which you and the Unit are

bound.

**************************************************************

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49

By your acceptance of this letter as provided below and commencement of the

work, you hereby agree, jointly and severally, to indemnify, defend and hold the

Association, its managers, members, agents, officers and employees, harmless of,

from and against, any and all claims, demands, judgments, liabilities, damages,

costs and expenses (including without limitation, court costs and attorney's fees)

arising out of or in connection with or resulting from the work, the Plans or the

limited approval granted by this letter.

THE 180 EAST PEARSON STREET HOMEOWNERS ASSOCIATION, an Illinois

not-for-profit Corporation

By _________________________________________

Its President or ______________________ (President’s Designee)

Unit Holder(s):

______________________________________________________________________________

Printed Name(s)

______________________________________________________________________________

Signature(s)

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50

EXHIBIT D-2 APPROVAL TO PROCEED WITH DEMOLITION ONLY LETTER

180 EAST PEARSON HOMEOWNERS ASSOCIATION

_______, 20__

[Unit Owner(s)]

180 East Pearson Street

Unit: XXXX

Chicago, IL 60611

Re: Plans and Specifications (the "Plans") for "remodeling:" Unit XXXX, ("the

Unit"), at 180 East Pearson Street, Chicago, Illinois

Dear [Unit Holder(s)]:

With reference to the Work plans submitted to the 180 East Pearson Street

Homeowners Association, (Association) for “remodeling” Work in your Unit(s)

(Work), and your request that the Association approve those plans, we bring to

your attention the following requirements of the Homeowner’s Association

pursuant to the Amended Remodeling Rules and Procedures of 180 East Pearson

Street (the “Remodeling Rules”):

NOTE THAT THIS APPROVAL TO PROCEED WITH DEMOLITION ONLY

LETTER HAS BEEN ISSUED SOLELY FOR THE PURPOSE OF

ALLOWING UNIT OWNER TO PROCEED WITH DEMOLITION WORK

FOR WHICH PERMITS HAVE BEEN OBTAINED AND PLACED ON FILE

WITH THE MANAGEMENT. NO OTHER WORK, INCLUDING NON-

PERMITTED DEMOLITION WORK, IS AUTHORIZED UNDER THIS

LETTER.

VIOLATIONS, POTENTIALLY RESULTING IN FINES AGAINST THE

OWNER (AS SET FORTH IN “DEPOSITS, FEES AND FINES” ATTACHED

AS EXHIBIT G) OR OTHER ACTIONS (E.G., WARNINGS, CLOSING

DOWN THE WORK, BARRING CONTRACTORS OR WORKERS

(TEMPORARILY OR PERMANENTLY) FROM PERFORMING WORK IN

THE CONDOMINIUM), WILL BE ISSUED IF ANY WORK OTHER THAN

PERMITTED DEMOLITION WORK BEGINS PRIOR TO ISSUANCE OF A

NON-CONTINGENT APPROVAL TO PROCEED LETTER.

When performing Work in the Unit, Owner is ENTIRELY responsible for all

aspects of the project, whether the Owner has engaged a professional

contractor, or is acting as his/her own Contractor.

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51

The Association’s management (“Management”) oversees implementation of

the Remodeling Rules and shall be the liaison between Owner and the Board

when necessary.

Owner must conform to the Remodeling Rules and must observe the

Declaration & By-Laws and the House Rules, and must ensure that

Owner's Contractor (“Contractor”), also complies with same.

Violations, potentially resulting in fines against the Owner (as set forth

in “Deposits, Fees and Fines” attached as Exhibit G) or other actions

(e.g., warnings, closing down the Work, barring Contractors or Workers

(temporarily or permanently) from performing Work in the

Condominium), will be issued for violations of the Remodeling Rules.

Owner agrees that all charges that Owner is obligated to pay pursuant to

the Remodeling Rules will be added to Owner’s monthly assessment for the

month immediately following incurrence of the charges, and Owner agrees

to pay the entirety of all such modified Monthly Assessments.

All work must be performed in strict accordance to all applicable building

and fire codes as well as licensing requirements and permit restrictions of

all governmental agencies. Association or Association’s Professional may

make recommendations regarding permits, but the determination of

whether a permit is required or not lies with the Building Code of the City

of Chicago, and is the sole responsibility of Owner to obtain. Owner shall

pay for the building permit(s) and for all other permits, fees, licenses and

instructions necessary for the proper execution and completion of the Work.

It is the Owner’s responsibility to schedule inspections with Management

after application of any latex cement fill, after the installation of

underlayment (in the case of hard surface flooring installations), after the

perimeter acoustical sealant is installed (in the case of hard surface

flooring installations), prior to walls being closed with drywall (in the case

of installation of new plumbing and electrical), and at completion of the

project. The results of these inspections will be provided in a written

document and Owner agrees to comply with the completion of any portions

of work that are required by this document.

The Association reserves the right of access (including without limitation

by one or more retained outside architect(s), engineer(s) or construction

manager(s) (each individually and collectively, “Association’s

Professional”)), to any Unit at any time to observe the Work. Owner and

Contractor shall provide access for and cooperate with the Association and

Association’s Professionals for observation of Work. Furthermore, the

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52

Association reserves the right to stop, delay or request investigative

demolition for any work which has not been approved or which deviates

from the approved plan.

As a courtesy to other Owners, Owner shall, and shall cause Contractor to,

work diligently to minimize the active construction period and to complete

all work by the estimated completion date. If the Work does not progress in

a timely manner, Association or Association’s Professional has the right to

confer with Owner and/or Contractor to develop a program that will ensure

that the Work is performed in an expedited fashion so that completion

meets with the expectations of the Association.

We understand that the Work described in the Plans is for "remodeling," which

will be performed at your expense, lien free, and in accordance with applicable

law in a good and workmanlike manner by reputable, licensed and bonded

contractors.

Based on the foregoing, the Association hereby confirms that as long as the Work

will not impair or adversely affect any Common Elements or Limited Common

Elements of the building, the Association has no objection to the performance of

the Work pursuant to the submitted Plans. However, this statement does not

constitute any assurance by the Association, its members, agents, officers or

employees, of the adequacy or compliance of the work with applicable building

codes, zoning ordinances or any other applicable laws.

Whether or not the Association has engaged a Professional to review the

Plans, the Association makes no determination as to the Plans’ soundness or

compliance with applicable law.

Notwithstanding anything else in this letter, neither the Association, nor any of its

members, agents, officers or employees, shall be liable:

(i) To you, any municipal authority, contractor, subcontractor, materialman or

other person or entity, on account of any such additions, alterations or

improvements, or any other portion of the Work, or

(ii) To any person having any claim for injury to person or damage to

property arising from the performance of the Work or resulting from the

existence of the additions, alterations or improvements constituting part

of the Work.

Moreover, nothing herein shall constitute or be deemed to constitute the waiver by

the Association, or any of its members, of any claims under, or of strict compliance

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53

with, the Declaration and the Rules and Regulations by which you and the Unit are

bound.

**************************************************************

By your acceptance of this letter as provided below and commencement of the

work, you hereby agree, jointly and severally, to indemnify, defend and hold the

Association, its managers, members, agents, officers and employees, harmless of,

from and against, any and all claims, demands, judgments, liabilities, damages,

costs and expenses (including without limitation, court costs and attorney's fees)

arising out of or in connection with or resulting from the work, the Plans or the

limited approval granted by this letter.

THE 180 EAST PEARSON STREET HOMEOWNERS ASSOCIATION, an Illinois

not-for-profit Corporation

By _________________________________________

Its President or ______________________ (President’s Designee)

Unit Holder(s):

______________________________________________________________________________

Printed Name(s)

______________________________________________________________________________

Signature(s)

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54

EXHIBIT D-3 APPROVAL TO PROCEED LETTER

180 EAST PEARSON HOMEOWNERS ASSOCIATION

_______, 20__

[Unit Owner(s)]

180 East Pearson Street

Unit: XXXX

Chicago, IL 60611

Re: Plans and Specifications (the "Plans") for "remodeling:" Unit XXXX, ("the

Unit"), at 180 East Pearson Street, Chicago, Illinois

Dear [Unit Holder(s)]:

With reference to the Work plans submitted to the 180 East Pearson Street

Homeowners Association, (Association) for “remodeling” Work in your Unit(s)

(Work), and your request that the Association approve those plans, we bring to

your attention the following requirements of the Homeowner’s Association

pursuant to the Amended Remodeling Rules and Procedures of 180 East Pearson

Street (the “Remodeling Rules”):

IN THE EVENT THE WORK AND/OR ITS DURATION APPROVED

HEREUNDER SHOULD CHANGE, OWNER SHALL INFORM

MANAGEMENT IMMEDIATELY, THE APPROVAL PROCESS MUST BE

COMPLETED AGAIN FOR ANY WORK THAT HAS BEEN ADDED OR

SUBSTANTIALLY CHANGED, AND THIS APPROVAL TO PROCEED

LETTER SHALL BECOME VOID WITH RESPECT TO SUCH WORK

UNLESS AND UNTIL THE RENEWED APPROVAL PROCESS IS

COMPLETED AND AN UPDATED APPROVAL TO PROCEED LETTER IS

ISSUED PURSUANT TO THIS SECTION. WORK APPROVED IN THIS

APPROVAL TO PROCEED LETTER MAY PROCEED DURING THE

RENEWED APPROVAL PROCESS.

Projects must begin within 90 calendar days of issuance of this Approval to

Proceed Letter, or the approval process must be completed again.

When performing Work in the Unit, Owner is ENTIRELY responsible for all

aspects of the project, whether the Owner has engaged a professional

contractor, or is acting as his/her own Contractor.

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55

The Association’s management (“Management”) oversees implementation of

the Remodeling Rules and shall be the liaison between Owner and the Board

when necessary.

Owner must conform to the Remodeling Rules and must observe the

Declaration & By-Laws and the House Rules, and must ensure that

Owner's Contractor (Contractor), also complies with same.

Violations, potentially resulting in fines against the Owner (as set forth

in “Deposits, Fees and Fines” attached as Exhibit G) or other actions

(e.g., warnings, closing down the Work, barring Contractors or Workers

(temporarily or permanently) from performing Work in the

Condominium), will be issued for violations of the Remodeling Rules.

Owner agrees that all charges that Owner is obligated to pay pursuant to

the Remodeling Rules will be added to Owner’s monthly assessment for the

month immediately following incurrence of the charges, and Owner agrees

to pay the entirety of all such modified Monthly Assessments.

All work must be performed in strict accordance to all applicable building

and fire codes as well as licensing requirements and permit restrictions of

all governmental agencies. Association or Association’s Professional may

make recommendations regarding permits, but the determination of

whether a permit is required or not lies with the Building Code of the City

of Chicago, and is the sole responsibility of Owner to obtain. Owner shall

pay for the building permit(s) and for all other permits, fees, licenses and

instructions necessary for the proper execution and completion of the Work.

It is the Owner’s responsibility to schedule inspections with Management

after application of any latex cement fill, after the installation of

underlayment (in the case of hard surface flooring installations), after the

perimeter acoustical sealant is installed (in the case of hard surface

flooring installations), prior to walls being closed with drywall (in the case

of installation of new plumbing and electrical or modification of plumbing

and electrical), and at completion of the project. The results of these

inspections will be provided in a written document and Owner agrees to

comply with the completion of any portions of work that are required by

this document.

The Association reserves the right of access (including without limitation

by one or more retained outside architect(s), engineer(s) or construction

manager(s) (each individually and collectively, “Association’s

Professional”)), to any Unit at any time to observe the Work. Owner and

Contractor shall provide access for and cooperate with the Association and

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Association’s Professionals for observation of Work. Furthermore, the

Association reserves the right to stop, delay or request investigative

demolition for any work which has not been approved or which deviates

from the approved plan.

As a courtesy to other Owners, Owner shall, and shall cause Contractor to,

work diligently to minimize the active construction period and to complete

all work by the estimated completion date. If the Work does not progress in

a timely manner, Association or Association’s Professional has the right to

confer with Owner and/or Contractor to develop a program that will ensure

that the Work is performed in an expedited fashion so that completion

meets with the expectations of the Association.

We understand that the Work described in the Plans is for "remodeling," which

will be performed at your expense, lien free, and in accordance with applicable

law in a good and workmanlike manner by reputable, licensed and bonded

contractors.

Based on the foregoing, the Association hereby confirms that as long as the Work

will not impair or adversely affect any Common Elements or Limited Common

Elements of the building, the Association has no objection to the performance of

the Work pursuant to the submitted Plans. However, this statement does not

constitute any assurance by the Association, its members, agents, officers or

employees, of the adequacy or compliance of the work with applicable building

codes, zoning ordinances or any other applicable laws.

Whether or not the Association has engaged a Professional to review the

Plans, the Association makes no determination as to the Plans’ soundness or

compliance with applicable law.

Notwithstanding anything else in this letter, neither the Association, nor any of its

members, agents, officers or employees, shall be liable:

(i) To you, any municipal authority, contractor, subcontractor, materialman

or other person or entity, on account of any such additions, alterations or

improvements, or any other portion of the Work, or

(ii) To any person having any claim for injury to person or damage to

property arising from the performance of the Work or resulting from the

existence of the additions, alterations or improvements constituting part

of the Work.

Moreover, nothing herein shall constitute or be deemed to constitute the waiver by

the Association, or any of its members, of any claims under, or of strict compliance

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with, the Declaration and the Rules and Regulations by which you and the Unit are

bound.

**************************************************************

By your acceptance of this letter as provided below and commencement of the

work, you hereby agree, jointly and severally, to indemnify, defend and hold the

Association, its managers, members, agents, officers and employees, harmless of,

from and against, any and all claims, demands, judgments, liabilities, damages,

costs and expenses (including without limitation, court costs and attorney's fees)

arising out of or in connection with or resulting from the work, the Plans or the

limited approval granted by this letter.

THE 180 EAST PEARSON STREET HOMEOWNERS ASSOCIATION, an Illinois

not-for-profit Corporation

By _________________________________________

Its President or ______________________ (President’s Designee)

Unit Holder(s):

______________________________________________________________________________

Printed Name(s)

______________________________________________________________________________

Signature(s)

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EXHIBIT E AUTHORIZATION BY UNIT OWNER(S) TO ADMIT CONTRACTORS TO

BUILDING

This notice will serve as authorization to allow the contractor/s, as listed below, into the building

and/or my unit to perform remodeling work.

Unit #:

Starting Date: _________________ Ending Date: ______________

Contractor (s):

1. Name: _______________________________________ Phone No.: _________________

2. Name: _______________________________________ Phone No.: _________________

3. Name: _______________________________________ Phone No.: _________________

4. Name: _______________________________________ Phone No.: _________________

5. Name: _______________________________________ Phone No.: _________________

6. Name: _______________________________________ Phone No.: _________________

7. Name: _______________________________________ Phone No.: _________________

8. Name: _______________________________________ Phone No.: _________________

9. Name: _______________________________________ Phone No.: _________________

10. Name: _______________________________________ Phone No.: _________________

Indicate all contractors who meet the requirements of Supervisor under Section III.U of the

rules. (If more spaces are necessary, please use the back of this sheet)

Keys must be checked out from the Keytrak System daily (with an appropriate form of I.D. left

with the Receiving Room Attendant until the key is returned), or I/We must meet contractor(s)

at the dock to let them into the unit.

I/We acknowledge that I am/we are prohibited from giving Contractor or any Workers a Unit key

or key fob. I/We understand that no building employee will be available to accompany the above

individual(s) while he/she is in the unit. I/We further understand that neither the Association,

Management, nor any building employee assumes responsibility for the above named

individual(s) or for their conduct or actions while in the building.

Unit Owner Name(s): ________________________________________________________________

Unit Owner Signature(s): _________________________________________________________

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EXHIBIT F HARD FLOORING SURFACE DETAILS

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EXHIBIT G DEPOSITS, FEES AND FINES

DEPOSITS

Corridor Protection Deposit: A refundable deposit shall be required for any Category B

projects prior to the commencement of Work. This deposit shall be used as security for

potential corridor, elevator, Common Elements and/or Unit Door damages and clean up

that may occur. This deposit will be held interest free by the Association until

completion of the Work. The Association reserves the right to use any portion of the

deposit for corrective action necessary to repair areas of the Property damaged by

Contractor. Any time such damage occurs, it can be repaired with monies from this

deposit, and the Unit Owner will be required to restore the deposit to the original level.

Contractor can be denied access to the Condominium until the deposit is restored to the

original level. Any unused portion of the deposit shall be returned to Unit Owner after

completion of the Work. $7,500

Deposit to be made by Complaining Owner regarding Pre-Approved Flooring Assembly:

The President of the Board or designee shall request that the complaining Owner deposit

with the Association 100% of the estimated cost of inspecting such flooring assembly.

Upon receipt of such deposit, an engineer engaged by the Board will investigate the

flooring assembly for compliance with these rules, and the complaining owner and the

owner of the Unit containing the hard-surface flooring must both cooperate fully with

such investigation. The determination of the engineer engaged by the Board shall be final

and conclusive on all parties.

If a Pre-Approved Flooring Assembly is found by the engineer to have been properly

installed in accordance with the submitted specifications using non-defective materials

and methods, then the full cost of the investigation shall be borne by the complaining

owner out of his or her deposit, and no action will be taken against the owner of the Unit

with the hard surface flooring.

If a Board-approved flooring assembly is found by the engineer to have not been properly

installed, not installed in accordance with the submitted specifications, and/or installed

with defective materials or methods, then the complaining owner’s deposit shall be fully

refunded; the full cost of the investigation shall be borne by the owner of Unit containing

the hard-surface flooring assembly; and the owner of the Unit with the hard-surface

flooring assembly must remove the Unit’s flooring assembly and replace it with wall-to-

wall carpeting or a Pre-Approved Flooring Assembly that complies with these rules

within thirty (30) calendar days.

FEES

Association’s Professional Review: Whenever Association Professional is called to review

or inspect plans or Work, pursuant to these Rules, the minimum charge for such review

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or inspection will be one hour at the Association’s Professional’s prevailing hourly rate

at the time of review or inspection. To be provided

Owner is responsible for Association’s Professional’s charges, and these charges along

with any other charges that Owner is obligated to pay pursuant to these Rules will be

added to Owner’s monthly assessment for the month immediately following incurrence

of the charges. Owner agrees to pay the entirety of all such modified monthly

assessments. To be provided

Channeling Peer Review: If concrete chipping, channeling, cutting, or coring is proposed,

the Association may have its own Structural Engineer provide a “peer review,” of the work

of the Unit Owner’s Structural Engineer, and all associated costs shall be borne by the

Unit Owner. All Association approved cored openings shall be scanned with ground

penetrating radar (advance notice to all Unit Owners required) to avoid hidden reinforcing

bars. Association approved small openings may be chipped to avoid reinforcing bars and

all repairs shall be made with structural grout. To be provided

Shut Downs: There is a lump sum charge for each domestic riser shut downs or

sprinkler drain-downs in the amount set forth in “Deposits, Fees and Fines” attached as

Exhibit G, which expense will be billed to the Owner. $250 lump sum charge for

each such occurrence

Recharging of Sprinkler System. There is a lump sum charge for each recharging of the

fire protection sprinkler system, which expense will be billed to the Owner. $250 lump

sum charge for each such occurrence

Kitchen Exhaust System Rebalancing: New Kitchen exhaust hoods shall exhaust (via hard

ductwork) into the building’s common kitchen exhaust ductwork. If the kitchen exhaust

hood is larger than building standard, the Unit Owner shall be required to pay for

rebalancing of the building’s common kitchen exhaust system; this additional work shall

be provided by Association’s Professional at the Unit Owner’s expense.

FINES:

Violations of the Remodeling Rules may result in fines against the Owner or other

actions (e.g., warnings, closing down the Work, barring Contractors or Workers

(temporarily or permanently) from performing Work in the Condominium). Amount

of fine to be determined by the Board following notice and hearing pursuant to the

House Rules.

Violations, potentially resulting in fines against the Owner or other actions (e.g.,

warnings, closing down the Work, barring Contractors or Workers (temporarily or

permanently) from performing Work in the Condominium), will be issued if any

demolition Work begins prior to issuance of an Approval to Proceed with Demolition

Work Only Letter (if applicable) or any Work other than demolition Work permitted

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under the Approval to Proceed with Demolition Work Only Letter begins prior to

issuance of an Approval to Proceed Letter. Amount of fine to be determined by the

Board following notice and hearing pursuant to the House Rules.

Violations, potentially resulting in fines against the Owner or other actions (e.g.,

warnings, closing down the Work, barring Contractors or Workers (temporarily or

permanently) from performing Work in the Condominium), will be issued if the freight

elevator rules are not followed. Amount of fine to be determined by the Board

following notice and hearing pursuant to the House Rules.