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RESOLUTIONS-2006-080-R-06
• 12/20/06 12/26/06 80-R-06 A RESOLUTION Authorizing the City Manager to Sign a supplemental funding Agreement with the Illinois Department of Transportation and Transystems Corporation for Construction & Construction Engineering Funding for McCormick Blvd. Project WHEREAS, the City of Evanston and the Illinois Department of Transportation (IDOT), entered into an Agreement dated September 12, 2005 to provide funding for McCormick Boulevard reconstruction project; and WHEREAS, the City of Evanston, the Illinois Department of Transportation (IDOT), and TranSystems Corporation entered into an Agreement dated • September 12, 2005 to provide Consulting Engineering Professional Services for p 9 g 9 the McCormick Boulevard reconstruction project; and WHEREAS, the City and IDOT have determined it is necessary to increase the construction funding and also TransSystems Corporation to provide additional consulting engineering services for said project; and WHEREAS, the City has determined this Supplemental Agreement is in the best interest of the City; WHEREAS, the City Council has determined it is in the best interest of the City to approve said Intergovernmental Agreement; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF 0 THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS: 80-R-06 SECTION 1: That the City Manager is hereby authorized to sign and the • City Clerk hereby authorized to attest to the Supplemental Agreement with IDOT and TranSystems Corporation for additional funding for McCormick Boulevard project, attached as Exhibit 1 and 2. SECTION 2: That the City Manager is hereby authorized and directed to negotiate any additional conditions of the Supplemental Agreement as may be determined to be in the best interests of the City. SECTION 3: That this Resolution shall be in full force and effect from and .after its passage and approval in the manner rovided by law. Lo aine H. Morton, Mayor Attest:(' • ,l Mary or s;G ty Clerk Adopted: "A,1 S' , 2007 • —2— 111no1S DepwUnent of Trantpoirtation Local Agency Amendment #1 for Federal Participation Local Agency City of Evanston Section 00-00218-00-FP Construction Job Number Project Number C-91-281-02 M-8003(221) Exhibit 1 State Contract I Day Labor Local Contract I RR Force Account x Fund Type STU Enaineerina Job Number I Project Number ITEP Number Riaht-of-Wav Job Number I Project Number This Amendment is made and entered into between the above local agency hereinafter referred to as the "LA" and the state of Illinois, acting by and through its Department of Transportation, hereinafter referred to as "STATE". The STATE and LA jointly propose to improve the designated location as described below. The improvement shall be constructed in accordance with plans approved by the STATE and the STATE's policies and procedures approved and/or required by the Federal Highway Administration hereinafter referred to as "FHWA". BE IT MUTUALLY AGREED that all remaining provisions of the original agreement not altered by this Amendment shall remain in full force and effect and the Amendment shall be binding upon and inure to the benefit of the parties hereto; their successors and assigns. Amended Division of Cost. Type of Work Participating Construction Non -Participating Construction — Traffic Signal Modernization Construction Engineering Right of Way Railroads Utilities TOTAL It 3,951,600 $ 880,000 $ 1,049,100 $ 5,880,700 *Maximum FHWA participation 70% not to exceed $3,878,800. ** Maximum FHWA participation 70% not to exceed $80,000 for traffic signal work. ***Maximum STATE participation for Traffic Signal Modernization 50% not to exceed $10,000. **"*Maximum STATE participation 30% not to exceed $870,000. *****Non -participation construction includes but is not limited to work on Ecoloqv Center Driveway and school parkin log ts. The costs shown in the Division of Cost table are approximate and subject to change. The final LA share is dependent on the final Federal and State participation. The actual costs will be used in the final division of cost for billing and reimbursment. If funding is not a percentage of the total, place an asterisk in the space provided for the percentage and explain above. The Federal share of construction engineering may not exceed 15% of the Federal share of the final construction cost. • NOTE: APPROVED Name Julia Carroll FHWA % 3,601,900 ( ' ( 72,800 ( " 276,900 (_ ' Title City Manager County Board Chairperson/Mayor/Village President/etc. Signature Date TIN Number STATE 870,000 ( 10,000 ( ( ( ( N(S. If signature is by an APPOINTED official, a resolution authorizing said appointed official to execute this Amendment is required. APPROVED LA 673,700 235,600 21,200 118,600 BAL 100 BAL BAL State of Illinois Department of Transportation Date Timothy W. Martin, Secretary Total 5,145,600 235,600 . 104,000 395,500 Secretary's Delegate - Milton R. Sees, Director of Highways/Chief Engineer Ellen Schanzle-Haskins, Chief Counsel Ann L. Schneider, Director of Finance and Administration Page 1 of 1 ^ ^^ ^^^^ ^' " ^_. BLR 05311 (Eff. 2/06) Exhibit 2 Local Agency Consultant City of Evanston L Illinois Department TranSystems Corporation o �4 of Transportation C County C O Address Cook A N 1051 Perimeter Dr., Suite 1025 Section L S City 00-00218-00-FP N Schaumbura Project No. A Construction Engineering L State STPM-8003(?21) G Services Agreement T Illinois Job No. Zip Code C-91-281-02 E For A 60173-5058 Federal Participation Contact Name/Phone/E-mail Address N N Contact Name/Phone/E-mail Address Sat Nagar/ (847)866-2967 C AMENDMENT NO. 1 T Charles J. Stenzel/ (847)605-9600 snagar@cityofevanston Y cjstenzel@transystems.com THIS AGREEMENT is made and entered into this day of 2007 between the above Local Agency (LA) and Consultant (ENGINEER) and covers certain professional engineering services in connection with the PROJECT described herein. Federal -aid funds allotted to the LA by the state of Illinois under the general supervision of the Illinois Department of Transportation (STATE) will be used entirely or in part to finance engineering services as described under AGREEMENT PROVISIONS. WHEREVER IN THIS AGREEMENT the following terms are used, they shall be interpreted to mean: Regional Engineer Regional Engineer, Department of Transportation Resident Engineer LA Employee directly responsible for construction of the PROJECT Contractor Company or Companies to which the construction contract was awarded Project Description Name McCormick Boulevard Route FAU 2832 Length 4,650 ft Structure No. N/A Termini Emerson Street 9Golf Road) to Green Bay Road Description: Phase III Construction Engineering Amendment for the reconstruction of McCormick Boulevard from Emerson Street to Green Bay Road in the City of Evanston, Cook County, Illinois. See Exhibit C for the detailed Scope of Services. Agreement Provisions 0 I. THE ENGINEER AGREES, To perform or be responsible for the performance of the engineering services for the LA, in connection with the PROJECT hereinbefore described and checked below: ® a. Proportion concrete according to applicable STATE Bureau of Materials and Physical Research (BMPR) Quality Control/Quality Assurance (QC/QA) training documents or contract requirements and obtain samples and perform testing as noted below. ® b. Proportion hot mix asphalt according to applicable STATE BMPR QC/QA training documents and obtain samples and perform testing as noted below. ® c. For soils, to obtain samples and perform testing as noted below. ® d. For aggregates, to obtain samples and perform testing as noted below. NOTE: For la. through 1d. the ENGINEER is to obtain samples for testing according to the STATE BMPR "Project Procedures Guide", or as indicated in the specifications, or as attached herein by the LA; test according to the STATE BMPR "Manual of Test Procedures for Materials", submit STATE BMPR inspection reports; and verify compliance with contract specifications. ® e. Inspection of all materials when inspection is not provided at the sources by the STATE BMPR, and submit inspection reports to the LA and the STATE in accordance with the STATE BMPR 'Project Procedures Guide" and the policies of the STATE. • ® f. For Quality Assurance services, provide personnel who have completed the appropriate STATE BMPR QC/QA trained technician classes. ® g. Inspect, document and inform the resident engineer of the adequacy of the establishment and maintenance of the traffic control. Page 1 of 7 BLR 05611 (Rev. 9/06) Printed on 12/15/2006 3:30:10 PM ® h. Geometric control including all construction staking and construction layouts. ® i. Quality control of the construction work in progress and the enforcement of the contract provisions in accordance with the STATE Construction Manual. ® j. Measurement and computation of pay items. • ® k. Maintain a daily record of the contractor's activities throughout construction including sufficient information to permit verification of the nature and cost of changes in plans and authorized extra work. ® I. Preparation and submission to the LA by the required form and number of copies, all partial and final payment estimates, change orders, records, documentation and reports required by the LA and the STATE. ® m. Revision of contract drawings to reflect as built conditions. 2. Engineering services shall include all equipment, instruments, supplies, transportation and personnel required to perform the duties of the ENGINEER in connection with the AGREEMENT. 3. To furnish the services as required herein within twenty-four hours of notification by the resident engineer or authorized representative. 4. To attend meetings and visit the, site of the work at any reasonable time when requested to do so by representatives of the LA or STATE. 5. That none of the services to be furnished by the ENGINEER shall be sublet, assigned or transferred to any other party or parties without the written consent of the LA. The consent to sublet, assign or otherwise transfer any portion of the services to be furnished by the ENGINEER shall not be construed to relieve the ENGINEER of any responsibility for the fulfillment of this AGREEMENT. 6. The ENGINEER shall submit invoices, based on the ENGINEER's progress reports, to the resident engineer, no more than once a month for partial payment on account for the ENGINEER's work completed to date. Such invoices shall represent the value, to the LA of the partially completed work, based on the sum of the actual costs incurred, plus a percentage (equal to the percentage of the construction engineering completed) of the fixed fee for the fully completed work. 7• That the ENGINEER is qualified technically and is entirely conversant with the design standards and policies applicable to improvement of the SECTION; and that the ENGINEER has sufficient properly trained, organized and experienced personnel to perform the services enumerated herein. That the ENGINEER shall be responsible for the accuracy of the ENGINEER's work and correction of any errors, omissions or ambiguities due to the ENGINEER'S negligence which may occur either during prosecution or after acceptance by the LA. Should any damage to persons or property result from the ENGINEER's error, omission or negligent act, the ENGINEER shall indemnify the LA, the STATE and their employees from all accrued claims or liability and assume all restitution and repair costs arising from such negligence. The ENGINEER shall give immediate attention to any remedial changes so there will be minimal delay to the contractor and prepare such data as necessary to effectuate corrections, in consultation with and without further compensation from the LA. 9. That the ENGINEER will comply with applicable federal statutes, state of Illinois statutes, and local laws or ordinances of the LA. 10. The undersigned certifies neither the ENGINEER nor I have: a) employed or retained for commission, percentage, brokerage, contingent fee or other considerations, any firm or person (other than a bona fide employee working solely for me or the above ENGINEER) to solicit or secure this AGREEMENT; b) agreed, as an express or implied condition for obtaining this AGREEMENT, to employ or retain the services of any firm or person in connection with carrying out the AGREEMENT or c) paid, or agreed to pay any firm, organization or person (other than a bona fide employee working solely for me or the above ENGINEER) any fee, contribution, donation or consideration of any kind for, or in connection with, procuring or carrying out the AGREEMENT, d) are not presently debarred, suspended, proposed for debarment„ declared ineligible or voluntarily excluded from covered transactions by any Federal department or agency; e) have not within a three-year period preceding the AGREEMENT been convicted of or had a civil judgment rendered against them for commission of fraud or criminal offense in connection with obtaining, attempting to obtain or performing a public (Federal, State or local) transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements or receiving stolen property; f) are not presently indicted for or otherwise criminally or civilly charged by a government entity (Federal, State or local) with commission of any of the offenses enumerated in paragraph (e) of this certification; and g) have not within a three-year period preceding this AGREEMENT had one or more public transactions (Federal, State or local) terminated for cause or default. Page 2 of 7 BLR 05611 (Rev. 9/06) Printed on 12/15/2006 3:30:10 PM 11. To pay its subconsultants for satisfactory performance no later than 30 days from receipt of each payment from the LA. 12. To submit all invoices to the LA within one year of the completion of the work called for in this AGREEMENT or any subsequent Amendment or Supplement. 13. To submit BLR 05613, Engineering Payment Report, to the STATE upon completion of the work called for in the AGREEMENT• II. THE LA AGREES, 1. To furnish a resident engineer to be in responsible charge of general supervision of the construction. 2. To furnish the necessary plans and specifications. 3. To notify the ENGINEER at least 24 hours in advance of the need for personnel or services. 4. To pay the ENGINEER as compensation for all services rendered in accordance with this AGREEMENT, on -the basis of the following compensation formulas: Cost Plus Fixed Fee ® CPFF = 14.5%[DL + R(DL) + OH(DL) + IHDC), or ❑_ CPFF = 14.5%[DL + R(DL) + 1.4(DL) + IHDC], or ❑ CPFF = 14.5%[(2.3 + R)DL + IHDC] Where: DL = Direct Labor IHDC = In House Direct Costs OH = Consultant Firm's Actual Overhead Factor R = Complexity Factor Specific Rate ❑ (Pay per element) Lump Sum ❑ 5. To pay the ENGINEER using one of the following methods as required by 49 CFR part 26 and 605 ILCS 5/5-409: • ❑ With Retainage a) For the first 50% of completed work, and upon receipt of monthly invoices from the ENGINEER and the approval thereof by the LA, monthly payments for the work performed shall be due and payable to the ENGINEER, such payments to be equal to 90% of the value of the partially completed work minus all previous partial payments made to the ENGINEER. b) After 50% of the work is completed, and upon receipt of monthly invoices from the ENGINEER and the approval thereof by the LA, monthly payments covering work performed shall be due and payable to the ENGINEER, such payments to be equal to 95% of the value of the partially completed work minus all previous partial payments made to the ENGINEER. c) Final Payment — Upon approval of the work by the LA but not later than 60 days after the work is completed and reports have been made and accepted by the LA and the STATE, a sum of money equal to the basic fee as determined in this AGREEMENT less the total of the amounts of partial payments previously paid to the ENGINEER shall be due and payable to the ENGINEER. ® Without Retainage a) For progressive payments — Upon receipt of monthly invoices from the ENGINEER and the approval thereof by the LA, monthly payments for the work performed shall be due and payable to the ENGINEER, such payments to be equal to the value of the partially completed work minus all previous partial payments made to the ENGINEER. b) Final Payment — Upon approval of the work by the LA but not later than 60 days after the work is completed and reports have been made and accepted by the LA and STATE, a sum of money equal to the basic fee as determined in this AGREEMENT less the total of the amounts of partial payments previously paid to the ENGINEER shall be due and payable to the ENGINEER. The recipient shall not discriminate on the basis on the basis of race, color, national origin or sex in the award and performance of any DOT -assisted contract or in the administration of its DBE program or the requirements of 49 CFR part 26. The recipient shall take all necessary and reasonable steps under 49 CFR part 26 to ensure nondiscrimination in the award and administration of DOT - assisted contracts. The recipient's DBE program, as required by 49 CFR part 26 and as approved by DOT, is incorporated by reference in this agreement. Implementation of this program is a legal obligation and failure to carry out its terms shall be treated a� violation of this agreement. Upon notification to the recipient of its failure to carry out its approved program, the Department may impose sanctions as provided for under part 26 and may, in appropriate cases, refer the matter for enforcement under 18 U.S.C. 1001 and/or the Program Fraud Civil Remedies Act of 1986 (31 U.S.C. 3801 et seq.). Page 3 of 7 BLR 05611 (Rev. 9/06) Printed on 12/15/2006 3:30:10 PM III. It is Mutually Agreed, 1. That the ENGINEER and the ENGINEER's subcontractors will maintain all books, documents, papers, accounting records and other evidence pertaining to cost incurred and to make such materials available at their respective offices at all reasonable times during the AGREEMENT period and for three years from the date of final payment under this AGREEMENT, for inspection by the STATE, Federal Highway Administration or any authorized representatives of the federal government and copies thereof shall be 0 furnished if requested. 2. That all services are to be furnished as required by construction progress and as determined by the RESIDENT ENGINEER. The ENGINEER shall complete all services specified herein within a time considered reasonable to the LA, after the CONTRACTOR has completed the construction contract. 3. That all field notes, test records and reports shall be turned over to and become the property of the LA and that during the performance of the engineering services herein provided for, the ENGINEER shall be responsible for any loss or damage to the documents herein enumerated while they are in the ENGINEER's possession and any such loss or damage shall be restored at the ENGINEER's expense. 4. That this AGREEMENT may be terminated by the LA upon written notice to the ENGINEER, at the ENGINEER's last known address, with the understanding that should the AGREEMENT be terminated by the LA, the ENGINEER shall be paid for any services completed and any services partially completed. The percentage of the total services which have been rendered by the ENGINEER shall be mutually agreed by the parties hereto. The fixed fee stipulated in numbered paragraph 4d of Section II shall be multiplied by this percentage and added to the ENGINEER's actual costs to obtain the earned value of work performed. All field notes, test records and reports completed or partially completed at the time of termination shall become the property of, and be delivered to, the LA. 5. That any differences between the ENGINEER and the LA concerning the interpretation of the provisions of this AGREEMENT shall be referred to a committee of disinterested parties consisting of one member appointed by the ENGINEER, one member appointed by the LA, and a third member appointed by the two other members for disposition and that the committee's decision shall be final. 6. That in the event the engineering and inspection services to be furnished and performed by the LA (including personnel furnished by the ENGINEER) shall, in the opinion of the STATE be incompetent or inadequate, the STATE shall have the right to supplement the engineering and inspection force or to replace the engineers or inspectors employed on such work at the expense of the LA. 7. That the ENGINEER has not been retained or compensated to provide design and construction review services relating to the contractor's safety precautions, except as provided in numbered paragraph If of Section I. •This certification is required by the Drug Free Workplace Act (301LCS 580). The Drug Free Workplace Act requires that no grantee or contractor shall receive a grant or be considered for the purpose of being awarded a contract for the procurement of any property or service from the State unless that grantee or contractor will provide a drug free workplace. False certification or violation of the certification may result in sanctions including, but not limited to, suspension of contract or grant payments, termination of a contract or grant and debarment of contracting or grant opportunities with the State for at least one (1) year but no more than five (5) years. For the purpose of this certification, "grantee" or "contractor" means a corporation, partnership or other entity with twenty-five (25) or more employees at the time of issuing the grant, or a department, division or other unit thereof, directly responsible for the specific performance under a contract or grant of $5,000 or more from the State, as defined in the Act. The contractor/grantee certifies and agrees that it will provide a drug free workplace by: (a) Publishing a statement: (1) Notifying employees that the unlawful manufacture, distribution, dispensing, possession or use of a controlled substance, including cannabis, is prohibited in the grantee's or contractor's workplace. (2) Specifying the actions that will be taken against employees for violations of such prohibition. (3) Notifying the employee that, as a condition of employment on such contract or grant, the employee will: (A) abide by the terms of the statement; and (B) notify the employer of any criminal drug statute conviction for a violation occurring in the workplace no later than five (5) days after such conviction. (b) Establishing a drug free awareness program to inform employees about: • (1) the dangers of drug abuse in the workplace; (2) the grantee's or contractor's policy of maintaining a drug free workplace; (3) any available drug counseling, rehabilitation and employee assistance program; and Page 4 of 7 BLR 05611 (Rev. 9/06) Printed on 12/15/2006 3:30:10 PM (4) the penalties that may be imposed upon an employee for drug violations. (c) Providing a copy of the statement required by subparagraph (a) to each employee engaged in the performance of the contract or grant and to post the statement in a prominent place in the workplace. (d) Notifying the contracting or granting agency within ten (10) days after receiving notice under part (B) of paragraph (3) of subsection (a) above from an employee or otherwise receiving actual notice of such convict (e) Imposing a sanction on, or requiring the satisfactory participation in a drug abuse assistance or rehabilitation program by, any employee who is convicted, as required by section S of the Drug Free Workplace Act. (f) Assisting employees in selecting a course of action in the event drug counseling, treatment and rehabilitation is required and indicating that a trained referral team is in place. (g) Making a good faith effort to continue to maintain a drug free workplace through implementation of the Drug Free Workplace Act. 9. The ENGINEER or subconsultant shall not discriminate on the basis of race, color, national origin or sex in the performance of this AGREEMENT. The ENGINEER shall carry out applicable requirements of 49 CFR part 26 in the administration of DOT -assisted contracts. Failure by the ENGINEER to carry out these requirements is a material breach of this AGREEMENT, which may result in the termination this AGREEMENT or such other remedy as the LA deems appropriate., Agreement Summary Prime Consultant: TIN Number Agreement Amount TranSystems Corporation ' 43-0839725 I $27,956.05 ISub -Consultants: TIN Number Agreement Amount i I i j Sub -Consultant Total: Prime Consultant Total: $27,956.05 Total for all Work: $27,956.05 Executed by the LA: ATTEST: By: Clerk (SEAL) Executed by the ENGINEER: ATTEST: By: Title: Page 5 of 7 Printed on 12/15/2006 3:30:10 PM City of Evanston (Municipalityrrownship/County ) By: Title: I rCLV1 S Y s +CMS G� L1V'wi-ro1 By: v • Title: Ur " }7/ate f BLR 05611 (Rev. 9/06) • Exhibit A - Cons>gion Engineering 0 Route: FAU 2832/ McCormick Boulevard Local Agency: City of Evanston (Municipality/Township/County) Section: 00-00218-00-FP Project: STPM-8003(221) Job No.: C-91-281-02 Method of Compensation: Cost Plus Fixed Fee 1 ® 14.5%[DL + R(DL) + OH(DL) + IHDC] Cost Plus Fixed Fee 2 ❑ 14.5%[DL + R(DL) + 1.4(DL) + IHDC] Cost Plus Fixed Fee 3 ❑ 14.5%[(2.3 + R)DL + IHDC] Specific Rate ❑ Lump Sum ❑ *Firm's approved rates on file with (DOT'S Bureau of Accounting and Auditing: Overhead Rate (OH) 159.46 % Complexity Factor (R) 0.00 Calendar Days 365 Cost Estimate of Consultant's Services in Dollars In -House Employee Man- Payroll Payroll Services by Element of Work Classification Hours Rate Costs (DL) Overhead* Others Direct Costs Profit (IHDC) See Exhibit D Cost Estimate of Consultant Services Totals 'age 6 of 7 'rioted on 12/15/2006 3:30:10 PM NUM Total BLR 05611 (Rev. 9/06) Exhibit B Illinois Department of Transportation Prime Consultant Name TranSystems Corporation Address 1051 Perimeter Drive Telephone (847) 605-9600 TIN Number 43-0839725 Project Information Local Agency City of Evanston Section Number 00-00218=00-FP Project Number STPM-8003(221) Job Number C-91-281-02 Engineering Payment Report • This form is to verify the amount paid to the Sub -consultant on the above captioned contract. Under penalty of law for perjury or falsification, the undersigned certifies that work was executed by the Sub -consultant for the amount listed below. Sub -Consultant Name TIN Number i Sub -Consultant Total: Prime Consultant Total: Total for all Work Completed: Actual Payment from Prime $27,956.05 $27,956.05 yzra�t�deaMtitle bf Prime Consultant Date Note: The Department of Transportation is requesting disclosure of information that is necessary to accomplish the statut� purpose as outlined under state and federal law. Disclosure of this information is REQUIRED and shall be deemed as concurrinq with the payment amount specified above. Page 7 of 7 BLR 05611 (Rev. 9/06) Printed on 12/15/2006 3:30:10 PM • EXHIBIT C SCOPE OF SUPPLEMENTAL ENGINEERING SERVICES 0 Scope of Supplemental Engineering Services Due to additional work, as itemized below, associated with the improvements to McCormick Blvd., TranSystems was required to perform certain tasks necessitating additional man hours. Removal & Replace 48" Brick Sewer An existing 48" brick sewer collapsed during excavation for roadway, requiring replacement with 48" ductile iron pipe. Progression of work on controlling item could not continue until this work was complete. TranSystems hours: Classification Task Description Hours Resident Conduct meetings, coordinate work, inspection, documentation, review 140 Engineer contractor cost proposal and invoice, prepare/submit authorization to IDOT { Resident Layout, inspection, quantity measurement, record quantities 140 Inspector Time Extension (From 10/31106 to 1ill 7106) Due to the addition work referenced above, and the addition of 46 trees on 10/31/06 at the request of City of Evanston personnel, the contractors schedule for completing landscaping items was pushed beyond the contract completion date of 10/31 /06, requiring additional time for coordination of work, construction observation and documentation, and use of company vehicle an additional 17 days. TranSystems hours: • Classification Task Description Hours IResident Coordination of work, inspection, documentation, prepare/submit request for 133 Engineer time extension to IDOT. 0 • EXHIBIT D COST ESTIMATE OF CONSULTANT SERVICES 0 Illinois Department of Transports -Mon Firm TranSystems Corporation Route FAU 2832 McCormick Blvd Section 00-00218-00-FP County Cook Job No. C-91-281-02 PTB & Item Item Rem & Repl 48" San Sewer Time Extension (Vehicle (17 days @ $36/day) li Date 12/14/06 Overhead Rate 154.30% Complexity Factor 0 Overhead In -House Manhours Payroll & Direct Fixed Fringe Benefits Costs Fee 80 3,238.40 4,996.85 1,194.11 1331 6,152.581 9,493.43 I 2,268.671 I I I I 1 I I I I I I I 612.001 1 j 1 I I I I TOTALS I PRINTED 1402006, 6:18 PM Page 3 I I I I I� 2131 9,390.98 I I I I I I I I I I I I 1 I I I I I I I I I 14,490.281 612.001 3,462.78 0 Outside Services Direct By Costs Others M Cost Estimate of Consultant Services (CPFF) % of Total Grand Total 9,429.361 33.73% 1 17,914.681 64.08% I I 1 612.001 2.19% I I I I I I I I I I 0.00 27,956.0,4100.00% • Ilrmois Departmern of Transportation FIRM NAME TranSystems Corporation PRIME/SUPPLEMENT CONTRACT TERM START DATE RAISE DATE 111/1/2006 • 4111201171 3 MONTHS 11/112006 4/1/2007 ESCALATION PER YEAR I I I 5 3 166.67% 1.6667 The total escalation for this project would be: 66.67% Payroll Escalation Table Fixed Raises DATE 12/14/06 PTB NO. " OVERHEAD RATE 154,30% COMPLEXITY FACTOR % OF RAISE 3.00% BDE 025 (Rev. 2/06) PRINTED 12/14/2006, 6:16 PM PAGE 1 Illinois Department of Transportation Route FAU 2832 McCormick Blvd Section 00-00218-00-FP County Cook Job No. C-91-281-02 PTB/Item Consultant TranSystems Corporation Payroll Avg Total Project Rates Rem & Repl 48" San Sewer Hourly Hours % Wgtd Hours % Wgtd Hours % Classification Rates Part. Avg Part. Avg Part. (Principal in Charge 70.00 0 (Senior Project Manager (Highe 61.00 0 IProject Manager (Highway) 49.99 0 (Construction Manager 55.50 0 (Chief Structural Engineer 63.44 0 ISenior Project Engineer (HighN 46.95 0 ISenior Transportation Planner 48.93 0 Transportation Planner 32.21 0 IProject Engineer (Highway) 42.67 0 (Resident Engineer 46.26 173 81.22% 37.57 40 50.00% 23.13 0 ISenior Resident Inspector 39.24 0 IResident Inspector 34.70 40 18.78% 6.52 40 50.00% 17.35 0 (Assistant Resident Inspector 29.52 0 IDesign Engineer III (Highway) 38.14 0 IDesign Engineer 11 (Highway) 29.77 0 IDesign Engineer I (Highway) 23.22 0 (Construction Inspector V 47.00 0 Construction Inspector IV 34.62 0 1 1 1 Construction Inspector III 26.00 0 I Construction Inspector 1 16.80 0 I I 11-and Surveyor 40.74 0 I i Survey Crew Chief 29.06 0 I I I Instrument Person 29.06 0 I I lRodman 18.50 0 1 'CADD Technician III 25.83 0 I I +I I 1 CADD Technician 11 I 22.66 0 I I I CADD Technician 1 I 16.75 0 I Senior Administrator I 38.88 0 1 I. Administrative Assistant 1 21.48 0 1 I 1 1 Time Extension Wgtd Hours % Avg Part 133 TOTALS I 213 I 100%..I $44.09 80 I 100% , $40.48 0 0% I $0.00 133 Average Hourly Project Rates Date 12/14/06 Sheet 1 Wgtd Hours % Avg Part. 100.00% 46.26 I .I 100% I $46.26 OF 1 Vehicle (17 days @ $36/day) Wgtd Hours % Wgtd Avg Part. Avg 0 1 0% $0.00 1 0 I 0% BDE 010ev. 2/06) PRINTED 12/14/2006, 6:18 PM $0.00 • EXHIBIT E HOURLY RATE RANGE • 0 Illinois Department of Transportation Payroll Rates FIRM NAME TranSystems Corporation DATE 12/14/06 PRIME/SUPPLEMENT PTB NO. ESCALATION FACTOR CLASSIFICATION CURRENT RATE ESCALATED RATE Principal in Charge $70.00 $70.00 Senior Project Manager (Hic $61.00 $61.00 Project Manager (Highway) $49.99 $49.99 Construction Manager $55.50 $55.50 Chief Structural Engineer $63.44 $63.44 Senior Project Engineer (Hic $46.95 $46.95 Senior Transportation Plann $48.93 $48.93 Transportation Planner $32.21 $32.21 Project Engineer (Highway) $42.67 $42.67 Resident Engineer $46.26 $46.26 Senior Resident Inspector $39.24 $39.24 Resident Inspector $34.70 $34.70 Assistant Resident Inspector $29.52 $29.52 Design Engineer III (Highwa $38.14 $38.14 Design Engineer 11 (Highway $29.77 $29.77 Design Engineer I (Highway $23.22 $23.22 Construction Inspector V $47.00 $47.00 Construction Inspector IV $34.62 $34.62 Construction Inspector 111 $26.00 $26.00 Construction Inspector 1 $16.80 $16.80 Land Surveyor $40.74 $40.74 Survey Crew Chief $29.06 $29.06 Instrument Person $29.06 $29.06 Rodman $18.50 $18.50 CADD Technician ill $25.83 $25.83 CADD Technician II $22.66 $22.66 CADD Technician 1 $16.75 $16.75 Senior Administrator $38.88 $38.88 Administrative Assistant $21.48 $21.48 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 66.67% BDE 025 (Rev. 2/06) PRINTED 12/14/2006,6:18 PM PAGE 2 0 • • 12/22/06 • is 0 81-R-06 A RESOLUTION Amending the 1994 Community Development Block Grant Program and Authorizing the Reallocation of Unexpended Funds WHEREAS, in a review of the Garage Demolition Program budget first funded in the 1994 Community Development Block Grant program and against which there has been no expenditures in the past year, $8,600 has been identified for reallocation to other eligible CDBG activities, leaving a balance of $10,515 for projects anticipated in the year ahead and addressing timely use of funds per HUD guidelines; and WHEREAS, the FY 1994 Community Development Block Grant program activities, which the Evanston City Council directed the City Manager to file an application for with the United States Department of Housing and Urban Development (HUD), were approved by HUD and reallocation of said funds requires amendment of the City's FY 1994 CDBG application; and WHEREAS, the City's Housing and Community Development Act Committee did hold a public meeting on November 15, 2006 to hear public opinion on said proposed reallocations according to the CDBG Program's Citizen Participation Plan; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS: SECTION 1: That the City's FY 1994 application for Community Development Block Grant program activities is hereby amended and $8,600 is approved for reallocation to the City's 2007/08 CDBG program: Program Year Twentieth Year 1998/99 Proiect Garage Demolitions TOTAL AMOUNT PROPOSED FOR REALLOCATION to FY 2007/08 CDBG PROGRAM: Amount $ 8,600 $8,600 81-R-06 SECTION 2: That this Resolution shall be in full force and effect from and after the date of its passage and approval in the manner provided by law. rraine H. Morton, Mayor ATTEST: Z9-( - C 'vim City CI Adopted: A uLd- . 2007 C < • 0 12/22/06 82-R-06 A RESOLUTION Adopting the City's FY 2007/08 Community Development Block Grant, HOME Investment Partnerships and Emergency Shelter Grants Program Budgets and Approving the City's One -Year Action Plan for FY 2007/08 WHEREAS, the Congress of the United States did pass Public Law 93-383, Title I of the Housing and Community Development Act of 1974 (which established the Community Development Block Grant {CDBG} Program); Public Law 101-625, the Cranston -Gonzales National Affordable Housing Act (which established the HOME Investment Partnerships Program); and Public Law 100-77, the Stewart B. McKinney Homeless Assistance Act (which established the Emergency Shelter Grants {ESG} Program); and WHEREAS, the City of Evanston is an "Entitlement City" by definition in said Acts, and as such, is eligible to make application to the United States Department of Housing and Urban Development (HUD) for said grant programs; and • WHEREAS, the City of Evanston estimates that FY 2007/08 HUD entitlement allocations will be Community Development Block Grant $2,015,671 HOME Investment Partnerships 532,809 Emergency Shelter Grants 86,424 Total FY 2006/07 funding: $2,634,904 and WHEREAS, the City Council's Housing and Community Development Act Committee is charged with oversight of the City's CDBG program; the Evanston Housing Commission is charged with oversight of the City's HOME program; and the City Council's Human Services Committee is charged with oversight of the City's ESG program; and WHEREAS, the Housing & Community Development Act Committee met on several occasions in the fall of 2006 and developed recommendations. for use of FY 2007/08 CDBG funds; and WHEREAS, recommendations for the use of FY 2007/08 ESG funds have not yet been • determined; however, recommendations to the City Council for the use of 2007/08 ESG funds will be made by the Human Services Committee once the City learns its actual 2007/08 ESG funding; and Page 1 82-R-06 WHEREAS, recommendations for the use of HOME funds are made by the Evanston • Housing Commission to the Planning & Development Committee and City Council, and the use of said funds is determined by the City Council; and WHEREAS, HUD requires that the City submit a One -Year Action Plan that details the activities the City proposes to undertake using the sum of the estimated FY 2007/08 CDBG, HOME and ESG funds, including entitlement allocations, reallocations of funds from completed prior years' CDBG projects, estimated CDBG and HOME program income and required matches for HOME and ESG funding, totaling $3,041,913, are described; and WHEREAS, the proposed activities in the One Year Action Plan address the City's housing and homeless needs and economic development initiatives. Specific projects which are proposed to be funded with HUD's FY 2007/08 funding were derived from the City's priority needs, as identified in the City's 2005-2009 HUD Consolidated Plan. Specific CDBG activities and recommended funding levels were approved by the Housing and Community Development Act Committee on November 15, 2006; and WHEREAS, the proposed One -Year Action Plan for FY 2007/08, which includes proposed FY 2007/08 CDBG funding recommendations, was the subject of a Public Hearing as • conducted by the Housing and Community Development Act Committee on December 19, 2006; and WHEREAS, said Committee conducted said public hearing, received citizen input on the proposed FY 2007/08 One Year Action Plan, and recommends approval by the Evanston City Council of the proposed One Year Action Plan for FY 2007/08; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS: SECTION 1: That the City's One Year Action Plan for FY 2007/08, attached hereto as Exhibit A and made a part hereof, is approved. SECTION 2: That the City of Evanston's 2007/08 Community Development Block Grant Program, totaling $2,234,271 (which is the sum of $2,015,671 in FY 2007/08 estimated entitlement funds, $210,000 estimated program income, and $8,600 in reallocated funds from completed prior years' CDBG projects), is hereby approved. 0 82-R-06 SECTION 3: That HOME Investment Partnerships (HOME) funding totaling $699,612 • (which is the sum of $532,809 in FY 2007/08 estimated entitlement funds, $33,601 in estimated program income and the required match of $133,202) and Emergency Shelter Grants (ESG) funding totaling $108,030 (which is the sum of $86,424 in FY2007/08 estimated entitlement funds and the required match of $21,606) is hereby approved. SECTION 4: That the City Manager of the City of Evanston is hereby authorized to transmit said One Year Action Plan for FY 2007/08 for the proposed CDBG, HOME and ESG program budgets to the U.S. Department of Housing and Urban Development (HUD) and to provide any additional information as may be required by HUD. SECTION 5: That this resolution shall be in full force and effect from and after the date of its passage and approval in the manner provided by law. Lorraine H. Morton, Mayor ATTEST: • - y `Wvrk9--r i Adopted- S , 2007 • Page 3 12/27/2006 • 83-R-06 A RESOLUTION Authorizing the City Manager to Sign Joint Agreements with the Illinois Department of Transportation for 20% Participation of the Preliminary Engineering Cost and with Y.Y. Lin International for Preliminary Engineering Services for the Evanston On -Street Bike Plan WHEREAS, the City of Evanston and the Illinois Department of Transportation (hereinafter "IDOT"), in the interest of the safe and efficient movement of bicycle and other vehicular traffic, are desirous of implementing bicycle lanes and routes in the City of Evanston (see Evanston On -Street Bike Plan, attached hereto as Exhibit 1), said improvement to be identified as State Section: 04-000235-00-BT, State • Job: D-91-113-05, and Project Number: CMM-8003(469) and hereinafter referred to as the PROJECT; and WHEREAS, the parties hereto are desirous of said PROJECT in that same will be of immediate benefit to the residents of the area and will be permanent in nature; and WHEREAS, the State of Illinois and the City wish to avail themselves of Federal funds committed to improve this PROJECT; and WHEREAS, the City has previously entered into an Agreement with consultants T.Y. Lin International for Phase I Engineering for the Evanston On -Street Bike Plan, and the consultants need to begin Phase II Engineering which requires a 9 Joint Agreement; and WHEREAS, the City Council of the City of Evanston has determined it is in the best interests of the City to enter into said Joint Agreements, • NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS: SECTION 1: That the City Manager is hereby authorized to sign and the City Clerk hereby authorized to attest.to the Joint Agreements made with the Illinois Department of Transportation for 20% Participation of the Preliminary Engineering Cost for the Evanston On -Street Bike Plan Project, attached as Exhibit 2, and with T. Y. Lin International for Preliminary Engineering Services, attached as Exhibit 3 and made a part hereof. SECTION 2: That the City Manager is hereby authorized and directed to negotiate any additional conditions of the Joint Agreements as may be determined to be in the best interests of the City. • SECTION 3: That this Resolution shall be in full force and effect from and after its passage and approval in the manner provided by law. 74-� �- JVorraine H. Morton, Mayor Attest: / Ma Nl6r is, ity Clerk Adopted:)t'__1AAAJ,2007 • -2- EXHIBIT 1 • EVANSTON ON -STREET BIKE PLAN The following describes the T.Y. Lin International (TYLI) team's understanding of and approach to the Phase II Engineering Design for the implementation of citywide bicycle lanes and bicycle route signing. Project understanding, methods, and task outlines are presented. The improvements are described as follows: ■ Preparation of pavement marking plans for approximately 7.77 miles of roadway in the City of Evanston to add on -street bicycle lanes to the existing pavement markings as well as any other necessary work to install the markings. ■ Preparation of schematic signing plans for approximately 33.28 miles of roadway in the City of Evanston to add bicycle route signing, mounted on existing light poles or posts or on new posts at locations specified as well as any other necessary work to install the bicycle route signs. Plan Preparation: For purposes of estimating the work effort required to prepare contract documents the following assumptions have been made: ■ Pavement marking design will be in accordance with IDOT District One Policy and Procedures and the Manual of Uniform Traffic Control Devices (MUTCD). ■ Proposed plans for pavement marking will be done using the drawings in the Phase I report as a basis. They will not be to scale. ■ The proposed plans for the signing will be done on a schematic, not -to scale map of the City on 8Y2" x 11" inch paper and included in the Special Provisions. No utility surveys or information gathering are included. ■ No work on pavement, drainage, sidewalk, driveway, lighting, traffic signals or other repairs are included. ■ Permitting services include preparation of an IDOT permit for pavement marking and bicycle signing installation constructionwork on IDOT jurisdictional roadways. ■ Bidding documents will be developed and prepared in accordance with the Illinois isDepartment of Transportation, Bureau of Local Roads Manual. T.Y. Lin will provide final plans and special provisions as required for State and Local Roads projects bid through the IDOT Bureau of Local Roads. -3- ■ Bidding assistance including a pre -bid conference is not included in the scope of services. • Project Schedule: Anticipated Notice to Proceed - January 2, 2007 ■ Final Plan Submittal sixty calendar days after receipt of IDOT and City Comments 1. Final Plan Preparation: Discussions will be held with the City regarding additional specific requirements not already identified in the Phase I report as well as to refine the detailed limits of work and extent of design. Also, any known changed conditions within the project limits will be discussed, and a course of action for addressing these changed conditions will be determined. The plan set is anticipated to include plan sheets for the pavement marking revisions/additions. The signing plans will be produced on 8Y2' x 11" pages using a schematic not to scale map of the City and with location dimensions noted from existing right-of-way lines. The signing location plans and signing details will be inserted as a part of the Special Provision booklet. • A Pre -Final set of Plans, Special Provisions and Engineer's Estimate of Probable Cost for the project will be developed, reflecting a 95% level of completion. It is anticipated that all of the plan sheets will be represented as part of this submittal. A submittal will be made to the City and IDOT for review. The Pre -Final submittal is estimated to consist of four full-size, twelve half-size copies of the plans, twelve copies of special provisions, and three copies of the Estimate of Probable Cost. Final Plans, Special Provisions, Engineer's Estimate of Probable Cost, and Estimate of Time for the project will be submitted as soon as -possible after receipt of City and IDOT comments. Full-size (24" x 36") mylar plan sheets will be plotted and submitted. The final submittal is estimated to consist of two copies of full-size plan sets, twenty copies of half-size plan_ sets, twenty copies of the Special Provisions, and six copies of the Estimate of Probable Cost and Estimate of Time. In addition, the final plans, special provisions, and estimates will be submitted on CD-ROM. The final quantity calculation books and original copy of the project special provisions will also be submitted to the City within sixty days of the final plan submittal for bidding. 2. Quality Assurance / Quality Control A specific Project Quality Control/Quality Assurance Plan will be followed to assure that the members of the project team best achieve the goal of getting the project tasks done i right the first time and within the project schedule constraints. A Quality Control Check -4- •Sheet will be developed for each of the project milestones to document the effectiveness of the plan. • 3. Administration and Management: This task includes meetings, permits, coordination, and communication with the City of Evanston on project issues. This task includes one meeting with the City of Evanston and one separate meeting IDOT. The project will have one field meeting where the entire forty-five mile project will be driven. This task also includes preparation of a permit application to IDOT for construction work on IDOT jurisdictional roadways as well as general project administration tasks. -5- PROJECT LOCATION MAP CITY OF EVANSTON PROPOSED PROJECTS INCLUDED IN THIS PDR Ft -- — - t —��� •+ - yo Isabella Y : o'er„ Asa++-l-r- p . t'1`� � �✓ - - - [ [ [ it [ [ $ , - -,°, - % �o ° *� •;mac ( i .Y Rli■+'Thayer "dJ __. � .._ ._.. ii s` �,- -( • �\_.. .... [ w 111 K Central •oO ■■■■■■■■■{n}■■fr� -_: -.._� _- - _:.: ._ --� ..- _•-�;�'» : _ -� �� '- - - - x� � ■ �13 rr®■a■l ll xa l•l�-� i �o� ❑ Harrison V o_ ._ Yeiill•i ` 'S - '_ - y� iYYY lalla es lYYs�s}}�w�3a sdv asY sl xrl+}i�liY}aa ■saran }-a:}■.■Ys - •_( .Grant' v ro_ _ ,... _,- .- .,_fir■�-: ( . .-O ,� 3 a.m. xl i.F■}Y}ta K a -✓ .- - .- ��__ •aarR■d'�NolwRsi ig��rax� 11[._.f�' impson [ Payne � � _ 9a ,. [ •- a J'l •�p�n{ 9 • �oB S� o [ ❑. -o o o o= ac o` o '�.t i aFo■teb coy Em■rsm • _ O i_ 0 K K on JIIL •■ 1 O R __ - - tea- [ [ ■ c � E9ie i - �_' (J ■ � a 9' ,may '$®.,�c,,,t ��•..; o Church ' t�f xk� �eCi'� a 9Lepl iw.}-Y}■ails ..TT ■ Y ,,.�q — ��...: _ XXX R ., Davis ° o■ �[®�e •.s±r e o.' • \ • 0 T Kit®LswYsii}aws�iii�■lxaY}Y,s_rYs ■a ■■©■�■■■i'■■ja■`u La -_ - {y • i } c'_ 0. LEGEND n f a' 48 m ®- • i`�__ CTA Rapid Transd Lines p m - '■' Y mw Greenleaf • } W ! O ..Y;Y9}l...}Y.......& liYYi K:L aiY®a C.a.Y.i Y'Y ti*0} �a lama, Lwe Y iDasO}RYFt' CTA Stations '� • +� } ■ ® Traffic Signals 1 'r'�•' SYITa}x.[r■a.Y i[!i Main � [ CulEe-Sac O _ _ .- ■ 0 .0 :1 l [ [ _ ■ - - J 93 a a - ( -.00 OiC COG O n y0..-0-0. .- 00 • .0 - (gyp ._® • l ( r r - '•—'T� CP base aw-rls-xs��asfa-msx • • • EXHIBIT 2 Local Agency Agreement for Federal Participation -6- (t Illinois Department of Transportation Local Agency Agreement for Federal Participation Construction Local Agency City of Evanston Section 04-00235-00-BT Job Number I Project Number State Contract I Day Labor Local Contract I RR Force Account Fund Type Enaineerina Job Number Project Number D-91-113-05 CMM-8003(469) ITEP Number Riaht-of-Way Job Number I Project Number This Agreement is made and entered into between the above local agency hereinafter referred to as the "LA" and the state of Illinois, acting by and through its Department of Transportation, hereinafter referred to as "STATE". The STATE and LA jointly propose to improve the designated location as described below. The improvement shall be constructed in accordance with plans approved by the STATE and the STATE's policies and procedures approved and/or required by the Federal Highway Administration hereinafter referred to as "FHWA". Location Local Name City of Evanston Bicycle Routes Termini Citywide Route Citywide _ Length . 41 mi. Current Jurisdiction City of Evanston, Cook County, IDOT Existing Str. No N/A Project Description Phase II Design Engineering plans, specifications and estimates for installation of bicycle lane pavement markings for 7.77 miles of roadway and installation of bicycle route signing for 33.28 miles of roadway. Type of Work Participating Construction Non -Participating Construction Preliminary Engineering Construction Engineering Right of Way Railroads Utilities TOTAL FHWA 28,894 $ 28,894 Division of Cost % STATE 80 % LA % ( ) 7,224 ( 20 $ 7,224 Total 1 36,118 $ 36,118 NOTE: The costs shown in the Division of Cost table are approximate and subject to change. •The final LA share is dependent on the final Federal and State participation. The actual costs will be used in the final division of cost for billing and reimbursment. If funding is not a percentage of the total, place an asterisk in the space provided for the percentage and explain above. The Federal share of construction engineering may not exceed 15% of the Federal share of the final construction cost. Local Agency Appropriation By execution of this Agreement, the LA is indicating sufficient funds have been set aside to cover the local share of the project cost and additional funds will be appropriated, if required, to cover the LA's total cost. Method of Financing (State Contract Work) METHOD A ---Lump Sum (95% of LA Obligation) • METHOD B--- Monthly Payments of METHOD C--- LA's Share divided by estimated total cost multiplied by actual proqress payment. (See page two for details of the above methods and the financing of Day Labor and Local Contracts) Page 1 of 4 BLR 05310 (Rev. 2/06) Printed on 12/27/2006 11:00:26 AM Agreement Provisions THE LA AGREES: (1) To acquire in its name, or in the name of the state if on the state highway system, all right-of-way necessary for this project in accordance with the requirements of Titles II and III of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, and established state policies and procedures. Prior to advertising for bids, the LA shall certify to the STATE that all •requirements of Titles II and III of said Uniform Act have been satisfied. The disposition of encroachments, if any, will be cooperatively determined by representatives of the LA, and STATE and the FHWA, if required. (2) To provide for all utility adjustments, and to regulate the use of the right-of-way of this improvement by utilities, public and private, in accordance with the current Utility Accommodation Policy for Local Agency Highway and Street Systems. (3) To provide for surveys and the preparation of plans for the proposed improvement and engineering supervision during construction of the proposed improvement. (4) To retain jurisdiction of the completed improvement unless specified otherwise by addendum (addendum should be accompanied by a location map). If the improvement location is currently under road district jurisdiction, an addendum is required. (5) To maintain or cause to be maintained, in a manner satisfactory to the STATE and FHWA, the completed improvement, or that portion of the completed improvement within its jurisdiction as established by addendum referred to in item 4 above. (6) To comply with all applicable. Executive Orders and Federal Highway Acts pursuant to the Equal Employment Opportunity and Nondiscrimination Regulations required by the U.S. Department of Transportation. (7) To maintain, for a minimum of 3 years after the completion of the contract, adequate books, records and supporting documents to verify the amounts, recipients and uses of all disbursements of funds passing in conjunction with the contract; the contract and all books, records and supporting documents related to the contract shall be available for review and audit by the Auditor General and the department; and the LA agrees to cooperate fully with any audit conducted by the Auditor General and the department; and to provide full access to all relevant materials. Failure to maintain the books, records and supporting documents required by this section shall establish a presumption in favor of the STATE for the recovery of any funds paid by the STATE under the contract for which adequate books, records and supporting documentation are not available to support their purported disbursement. (8) To provide if required, for the improvement of any railroad -highway grade crossing and rail crossing protection within the limits of the proposed improvement; (9) To comply with Federal requirements or possibly lose (partial or total) Federal participation as determined by the FHWA; (10) (State Contracts Only) That the method of payment designated on page one will be as follows: • Method A - Lump Sum Payment. Upon award of the contract for this improvement, the LA will pay to the STATE, in lump sum, an amount equal to 95% of the LA's estimated obligation incurred under this Agreement, and will pay to the STATE the remainder of the LA's obligation (including any nonparticipating costs) in a lump sum, upon completion of the project based upon final costs. Method B - Monthly Payments. Upon award of the contract for this improvement, the LA will pay to the STATE, a specified amount each month for an estimated period of months, or until 95% of the LA's estimated obligation under the provisions of the Agreement has been paid, and will pay to the STATE the remainder of the LA's obligation (including any nonparticipating costs) in a lump sum, upon completion of the project based upon final costs. Method C - Progress Payments. Upon receipt of the contractor's first and subsequent progressive bills for this improvement, the LA will pay to the STATE, an amount equal to the LA's share of the construction cost divided by the estimated total cost, multiplied by the actual payment (appropriately adjusted for nonparticipating costs) made to the contractor until the entire obligation incurred under this Agreement has been paid. (11) (Day Labor or Local Contracts) To provide or cause to be provided all of the initial funding, equipment, labor, material and services necessary to construct the complete project. (12) (Preliminary Engineering) In the event that right-of-way acquisition for, or actual construction of the project for which this preliminary engineering is undertaken with Federal participation is not started by the close of the tenth fiscal year following the fiscal year in which this agreement is executed, the LA will repay the STATE any Federal funds received under the terms of this Agreement. (13) (Right -of -Way Acquisition) In the event that the actual construction of the project on this right-of-way is not undertaken by the close of the twentieth fiscal year following the fiscal year in which this Agreement is executed, the LA will repay the STATE any Federal Funds received under the terms of this Agreement. (14) (Railroad Related Work Only) The estimates and general layout plans for at -grade crossing improvements should be forwarded to the Rail Safety and Project Engineer, Room 204, Illinois Department of Transportation, 2300 South Dirksen Parkway, Springfield, Illinois, 62764. Approval of the estimates and general layout plans should be obtained prior to the commencement of railroad related work. All railroad related work is also subject to approval be the Illinois Commerce Commission ([CC). Final inspection for Israilroad related work should be coordinated through appropriate IDOT District Bureau of Local Roads and Streets office. Plans and preemption times for signal related work that will be interconnected with traffic signals shall be submitted to the [CC for review and approval prior to the commencement of work. Signal related work involving interconnects with state maintained traffic signals should also be coordinated with the IDOT's District Bureau of Operations. Page 2 of 4 BLR 05310 (Rev. 2/06) Printed on 12/27/2006 11:00:26 AM The LA is responsible for the payment of the railroad related expenses in accordance with the LA/railroad agreement prior to requesting reimbursement from [DOT. Requests for reimbursement should be sent to the appropriate IDOT District Bureau of Local Roads and Streets office. Engineer's Payment Estimates in accordance with the Division of Cost on page one. (15) And certifies to the best of its knowledge and belief its officials: • (a) are not presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from covered transactions by any Federal department or agency; (b) have not within a three-year period preceding this Agreement been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain or performing a public (Federal, State or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements receiving stolen property; (c) are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State, local) with commission of any of the offenses enumerated in item (b) of this certification; and (d) have not within a three-year period preceding the Agreement had one or more public transactions (Federal, State, local) terminated for cause or default. (16) To include the certifications, listed in item 15 above and all other certifications required by State statutes, in every contract, including procurement of materials and leases of equipment. (17) (State Contracts) That execution of this agreement constitutes the LA's concurrence in the award of the construction contract to the responsible low bidder as determined by the STATE. (18) That for agreements exceeding $100,000 in federal funds, execution of this Agreement constitutes the LA's certification that: (a) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress or any employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any cooperative agreement, and the extension, continuation, renewal, amendment or modification of any Federal contract, grant, loan or cooperative agreement. (b) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee -of Congress or an employee of a Member of Congress, in connection with this Federal contract, grant, loan or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying", in accordance with its instructions. (c) The LA shall require that the language of this certification be included in the award documents for all subawards at all ties • (including subcontracts, subgrants and contracts under grants, loans and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. (19) To regulate parking and traffic in accordance with the approved project report. (20) To regulate encroachments on public right-of-way in accordance with current Illinois Compiled Statutes. (21) To regulate the discharge of sanitary sewage into any storm water drainage system constructed with this improvement in accordance with current Illinois Compiled Statutes. (22) That the LA may invoice the STATE monthly for the FHWA and/or STATE share of the costs incurred for this phase of the improvement. The LA will submit supporting documentation with each request for reimbursement from the STATE. Supporting documentation is defined as verification of payment, certified time sheets, vendor invoices, vendor receipts, and other documentation supporting the requested reimbursement amount. (23) To complete this phase of the project within three years from the date this agreement is approved by the STATE if this portion of the project described in the Project Description does not exceed $1,000,000 (five years if the project costs exceed $1,000,000). (24) Upon completion of this phase of the improvement, the LA will submit to the STATE a complete and detailed final invoice with all applicable supporting supporting documentation of all incurred costs, less previous payments, no later than one year from the date of completion of this phase of the improvement. If a final invoice is not received within one year of completion of this phase of the improvement, the most recent invoice may be considered the final invoice and the obligation of the funds closed. THE STATE AGREES: (1) To provide such guidance, assistance and supervision and to monitor and perform audits to the extent necessary to assure validity of the LA's certification of compliance with Titles II and III requirements. (2) (State Contracts) To receive bids for the construction of the proposed improvement when the plans have been approved by the STATE (and FHWA, if required) and to award a contract for construction of the proposed improvement, after receipt of a • satisfactory bid. (3) (Day Labor) To authorize the LA to proceed with the construction of the improvement when Agreed Unit Prices are approved and to reimburse the LA for that portion of the cost payable from Federal and/or State funds based on the Agreed Unit Prices and Engineer's Payment Estimates in accordance with the Division of Cost on page one. Page 3 of 4 BLR 05310 (Rev. 2/06) Printed on 12/27/2006 11:00:26 AM (4) (Local Contracts) That for agreements with Federal and/or State funds in engineering, right-of-way, utility work and/or construction work: (a) To reimburse the LA for the Federal and/or State share on the basis of periodic billings, provided said billings contain sufficient •cost information and show evidence of payment by the LA. (b) To provide independent assurance sampling, to furnish off -site material inspection and testing at sources normally visited by STATE inspectors of steel, cement, aggregate, structural steel and other materials customarily tested by the STATE. IT IS MUTUALLY AGREED: (1) That this Agreement and the covenants contained herein shall become null and void in the event that the FHWA does not approve the proposed improvement for Federal -aid participation or the contract covering the construction work contemplated herein is not awarded within three years of the date of execution of this Agreement. (2) This Agreement shall be binding upon the parties, their successors and assigns. (3) For contracts awarded by the LA, the LA shall not discriminate on the basis of race, color, national origin or sex in the award and performance of any USDOT — assisted contract or in the administration of its DBE program or the requirements of 49 CFR part 26. The LA shall take all necessary and reasonable steps under 49 CFR part 26 to ensure nondiscrimination in the award and administration of USDOT — assisted contracts. The LA's DBE program, as required by 49 CFR part 26 and as approved by USDOT, is incorporated by reference in this Agreement. Upon notification to the recipient of its failure to carry out its approved program, the department may impose sanctions as provided for under part 26 and may, in appropriate cases, refer the matter for enforcement under 18 U.S.C. 1001 and/or the Program Fraud Civil Remedies Act of 1986 (31 U.S.C. 3801 et seq.). In the absence of a USDOT — approved LA DBE Program or on State awarded contracts, this Agreement shall be administered under the provisions of the STATE's USDOT approved Disadvantaged Business Enterprise Program. (4) In cases where the STATE is reimbursing the LA, obligations of the STATE shall cease immediately without penalty or further payment being required if, in any fiscal year, the Illinois General Assembly or applicable Federal Funding source fails to appropriate or otherwise make available funds for the work contemplated herein. (5) All projects for the construction of fixed works which are financed in whole or in part with funds provided by this Agreement and/or amendment shall be subject to the Prevailing Wage Act (820 ILCS 130/0.01 et seq.) unless the provisions of that Act exempt its application. ADDENDA Aenal information and/or stipulations are hereby attached and identified below as being a part of this Agreement. N r 1 Location Mai. (Insert addendum numbers and titles as applicable) The LA further agrees, as a condition of payment, that it accepts and will comply with the applicable provisions set forth in this Agreement and all addenda indicated above. APPROVED Name Title City Manager County Board Chairperson/MayorNillage President/etc. Signature Date TIN Number 300002870-40 NOTE: If signature is by an APPOINTED official, a resolution authorizing spid-appointed official to execute this agreement is required. 0 APPROVED State of Illinois Department of Transportation Timothy W. Martin, Secretary Date Milton R. Sees, Director of Highways/Chief Engineer Ellen Schanzle-Haskins, Chief Counsel Ann L.. Schneider, Director of Finance and Administration Page 4 of 4 Printed on 12/27/2006 11:00:26 AM BLR 05310 (Rev. 2/06) EXHIBIT 3 Preliminary Engineering Services Agreement for Federal Participation • • -7- Local Agency City of Evanston L Illinois Department p of Transportation County C Cook A n L 235-00-BT Protect No. A Preliminary Engineering CMM-8003(469) G Services Agreement Job No. E For D-91-113-05 Federal Participation Contact Name/Phone/E-mail Address N Rajeev Dahal C 847-866-2922 Y . RDahale-citvofevanston.com Consultant T.Y.Lin International Great Lakes, C Inc. 0 Address N 5960 N Milwaukee Avenue S City U Chicaao L State Illinois T Zip Code A —EQ646 N Contact Name/Phone/E-mail Address T Heather Gaffney 773-792-9000 hgaffnev(@tvlin.com THIS AGREEMENT is made and entered into this 8th day of January , 2007 between the above Local Agency (LA) and Consultant (ENGINEER) and covers certain professional engineering services in connection with the PROJECT. Federal -aid funds allotted to the LA by the state of Illinois under the general supervision of the Illinois Department of Transportation (STATE) will be used entirely or in part to finance engineering services as described under AGREEMENT PROVISIONS. Project Description Name City of Evanston Bicycle Routes Route Citywide Length 41 mi. Structure No. N/A Termini Citywide Description: Phase II plans, specifications and estimates for installation of bicycle lane pavement markings for 7.77miles of roadway and installation of bicycle route signing for 33.28 miles of roadway in Evanston, Illinois Agreement Provisions CIE ENGINEER AGREES, 1. To perform or be responsible for the performance, in accordance with STATE approved design standards and policies, of engineering services for the LA for the proposed improvement herein described. 2. To attend any and all meetings and visit the site of the proposed improvement at any reasonable time when requested by representatives of the LA or STATE. 3. To complete the services herein described within 120 calendar days from the date of the Notice to Proceed from the LA, excluding from consideration periods of delay caused by circumstances beyond the control of the ENGINEER. 4. The classifications of the employees used in the work should be consistent with the employee classifications and estimated man- hours shown in EXHIBIT A. If higher -salaried personnel of the firm, including the Principal Engineer, perform services that are indicated in Exhibit A to be performed by lesser -salaried personnel, the wage rate billed for such services shall be commensurate with the payroll rate for the work performed. 5. That the ENGINEER is qualified technically and is entirely conversant with the design standards and policies applicable for the PROJECT; and that the ENGINEER has sufficient properly trained, organized and experienced personnel to perform the services enumerated herein. 6. That the ENGINEER shall be responsible for the accuracy of the work and shall promptly make necessary revisions or corrections resulting from the ENGINEER's errors, omissions or negligent acts without additional compensation. Acceptance of work by the STATE will not relieve the ENGINEER of the responsibility to make subsequent correction of any such errors or omissions or for clarification of any ambiguities. 7. That all plans and other documents furnished by the ENGINEER pursuant to this AGREEMENT will be endorsed by the ENGINEER and will affix the ENGINEER's professional seal when such seal is required by law. Plans for structures to be built as a part of the improvement will be prepared under the supervision of a registered structural engineer and will affix structural engineer seal when 0 such seal is required by law. It will be the ENGINEER's responsibility to affix the proper seal as required by the Bureau of Local Roads and Streets manual published by the STATE. That the ENGINEER will comply with applicable federal statutes, state of Illinois statutes, and local laws or ordinances of the LA. Page 1 of 7 BLR 05610 (Rev. 9/06) Printed on 12/27/2006 10:58:56 AM 9. The undersigned certifies neither the ENGINEER nor I have: a. employed or retained for commission, percentage, brokerage, contingent fee or other considerations, any firm or person (other than a bona fide employee working solely for me or the above ENGINEER) to solicit or secure this AGREEMENT, b. agreed, as an express or implied condition for obtaining this AGREEMENT, to employ or retain the services of any firm or person in connection with carrying out the AGREEMENT or c. paid, or agreed to pay any firm, organization or person (other than a bona fide employee working solely for me or the above ENGINEER) any fee, contribution, donation or consideration of any kind for, or in connection with, procuring or carrying out to AGREEMENT. d. are not presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from covered transactions by any Federal department or agency, e. have not within a three-year period preceding the AGREEMENT been convicted of or had a civil judgment rendered against them for commission of fraud or criminal offense in connection with obtaining, attempting to obtain or performing a public (Federal, State or local) transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements or receiving stolen property, f. are not presently indicted for or otherwise criminally or civilly charged by a government entity (Federal, State or local) with commission of any of the offenses enumerated in paragraph (e) and g. have not within a three-year period preceding this AGREEMENT had one or more public transactions (Federal, State or local) terminated for cause or default. 10. To pay its subconsultants for satisfactory performance no later than 30 days from receipt of each payment from the LA. 11. To submit all invoices to the LA within one year of the completion of the work called for in this AGREEMENT or any subsequent Amendment or Supplement. 12. To submit BLR 05613, Engineering Payment Report, to the STATE upon completion of the project (Exhibit B). 13. Scope of Services to be provided by the ENGINEER: ❑ Make such detailed surveys as are necessary for the planning and design of the PROJECT. ❑ Make stream and flood plain hydraulic surveys and gather both existing bridge upstream and downstream high water data and flood flow histories. ❑ Prepare applications for U.S. Army Corps of Engineers Permit, Illinois Department of Natural Resources Office of Water Resources Permit and Illinois Environmental Protection Agency Section 404 Water Quality Certification. • ❑ Design and/or approve cofferdams and superstructure shop drawings. ❑ Prepare Bridge Condition Report and Preliminary Bridge Design and Hydraulic Report, (including economic analysis of bridge or culvert types and high water effects on roadway overflows and bridge approaches). ❑ Prepare the necessary environmental and planning documents including the Project Development Report, Environmental Class of Action Determination or Environmental Assessment, State Clearinghouse, Substate Clearinghouse and all necessary environmental clearances. ❑ Make such soil surveys or subsurface investigations including borings and soil profiles as may be required to furnish sufficient data for the design of the proposed improvement. Such investigations to be made in accordance with the current Standard Specifications for Road and Bridge Construction, Bureau of Local Roads and Streets Administrative Policies, Federal -Aid Procedures for Local Highway Improvements or any other applicable requirements of the STATE. ❑ Analyze and evaluate the soil surveys and structure borings to determine the roadway structural design and bridge foundation. ❑ Prepare preliminary roadway and drainage structure plans and meet with representatives of the LA and STATE at the site of the improvement for review of plans prior to the establishment of final vertical and horizontal alignment, location and size of drainage structures, and compliance with applicable design requirements and policies. ❑ Make or cause to be made such traffic studies and counts and special intersection studies as may be required to furnish sufficient data for the design of the proposed improvement. ® Complete the general and detailed plans, special provisions and estimate of cost. Contract plans shall be prepared in accordance with the guidelines contained in the Bureau of Local Roads and Streets manual. The special provisions and detailed estimate of cost shall be furnished in quadruplicate. ❑ Furnish the LA with survey and drafts in quadruplicate all necessary right-of-way dedications, construction easements and bore pit and channel change agreements including prints of the corresponding plats and staking as required. Page 2 of 7 BLR 05610 (Rev. 9/06) Printed on 12/27/2006 10:58:56 AM II. THE LA AGREES, 1. To furnish the ENGINEER all presently available survey data and information 2. To pay the ENGINEER as compensation for all services rendered in accordance with this AGREEMENT, on the basis of the following compensation formulas: �ost Plus Fixed Fee ❑ CPFF = 14.5%[DL + R(DL) + OH(DL) + IHDC], or ❑ CPFF = 14.5%[DL + R(DL) + 1.4(DL) + IHDC], or ® CPFF = 14.5%[(2.3 + R)DL + IHDC] Where: DL = Direct Labor IHDC = In House Direct Costs OH = Consultant Firm's Actual Overhead Factor R = Complexity Factor Specific Rate ❑ (Pay per element) Lump Sum ❑ 3. To pay the ENGINEER using one of the following methods as required by 49 CFR part 26 and 605 ILCS 5/5-409: ❑ With Retainage a) For the first 50% of completed work, and upon receipt of monthly invoices from the ENGINEER and the approval thereof by the LA, monthly payments for the work performed shall be due and payable to the ENGINEER, such payments to be equal to 90% of the value of the partially completed work minus all previous partial payments made to the ENGINEER. b) After 50% of the work is completed, and upon receipt of monthly invoices from the ENGINEER and the approval thereof by the LA, monthly payments covering work performed shall be due and payable to the ENGINEER, such payments to be equal to 95% of the value of the partially completed work minus all previous partial payments made to the ENGINEER. c) Final Payment — Upon approval of the work by the LA but not later than 60 days after the work is completed and reports have been made and accepted by the LA and the STATE, a sum of money equal to the basic fee as determined in this AGREEMENT less the total of the amounts of partial payments previously paid to the ENGINEER shall be due and payable to the ENGINEER. ® Without Retainage 10) For progressive payments — Upon receipt of monthly invoices from the ENGINEER and the approval thereof by the LA, monthly payments for the work performed shall be due and payable to the ENGINEER, such payments to be equal to the value of the partially completed work minus all previous partial payments made to the ENGINEER. b) Final Payment — Upon approval of the work by the LA but not later than 60 days after the work is completed and reports have been made and accepted by the LA and STATE, a sum o money equal to the basic fee as determined in this AGREEMENT less the total of the amounts of partial payments previously paid to the ENGINEER shall be due and payable to the ENGINEER. The recipient shall not discriminate on the basis on the basis of race, color, national origin or sex in the award and performance of any DOT -assisted contract or in the administration of its DBE program or the requirements of 49 CFR part 26. The recipient shall take all necessary and reasonable steps under 49 CFR part 26 to ensure nondiscrimination in the award and administration of DOT - assisted contracts. The recipient's DBE program, as required by 49 CFR part 26 and as approved by DOT, is incorporated by reference in this agreement. Implementation of this program is a legal obligation and failure to carry out its terms shall be treated as violation of this agreement. Upon notification to the recipient of its failure to carry out its approved program, the Department may impose sanctions as provided for under part 26 and may, in appropriate cases, refer the matter for enforcement under 18 U.S.C. 1001 and/or the Program Fraud Civil Remedies Act of 1986 (31 U.S.C. 3801 et seq.). Ill. IT IS MUTALLY AGREED, 1. That no work shall be commenced by the ENGINEER prior to issuance by the LA of a written Notice to Proceed. 2. That tracings, plans, specifications, estimates, maps and other documents prepared by the ENGINEER in accordance with this AGREEMENT shall be delivered to and become the property of the LA and that basic survey notes, sketches, charts and other data prepared or obtained in accordance with this AGREEMENT shall be made available, upon request, to the LA or to the STATE, without restriction or limitation as to their use. • Page 3 of 7 BLR 05610 (Rev. 9/06) Printed on 12/27/2006 10:58:56 AM 3. That all reports, plans, estimates and special provisions furnished by the ENGINEER shall be in accordance with the current Standard Specifications for Road and Bridge Construction, Bureau of Local Roads and Streets Administrative Policies, Federal -Aid Procedures for Local Highway Improvements or any other applicable requirements of the STATE, it being understood that all such furnished documents shall be approved by the LA and the STATE before final acceptance. During the performance of the engineering services herein provided for, the ENGINEER shall be responsible for any loss or damage to the documents herein enumerated while they are in the ENGINEER's possession and any such loss or damage shall be restored at the ENGINEER's expense. 4. That none of the services to be furnished by the ENGINEER shall be sublet, assigned or transferred to any other party or parties • without written consent of the LA. The consent to sublet, assign or otherwise transfer any portion of the services to be furnished by the ENGINEER shall not be construed to relieve the ENGINEER of any responsibility for the fulfillment of this agreement. 5. To maintain, for a minimum of 3 years after the completion of the contract, adequate books, records and supporting documents to verify the amounts, recipients and uses of all disbursements of funds passing in conjunction with the contract; the contract and all books, records and supporting documents related to the contract shall be available for review and audit by the Auditor General and the STATE; and to provide full access to all relevant materials. Failure to maintain the books, records and supporting documents required by this section shall establish a presumption in favor of the STATE for the recovery of any funds paid by the STATE under the contract for which adequate books, records and supporting documentation are not available to support their purported disbursement. 6. The payment by the LA in accordance with numbered paragraph 3 of Section II will be considered payment in full for all services rendered in accordance with this AGREEMENT whether or not they be actually enumerated in this AGREEMENT. 7. That the ENGINEER shall be responsible for any and all damages to property or persons arising out of an error, omission and/or negligent act in the prosecution of the ENGINEER's work and shall indemnify and save harmless the LA, the STATE, and their officers, agents and employees from all.suits, claims, actions or damages of any nature whatsoever resulting there from. These indemnities shall not be limited by the listing of any insurance policy. 8. This AGREEMENT may be terminated by the LA upon giving notice in writing to the ENGINEER at the ENGINEER's last known post office address. Upon such termination, the ENGINEER shall cause to be delivered to the LA all drawings, plats, surveys, reports, permits, agreements, soils and foundation analysis, provisions, specifications, partial and completed estimates and data, if any from soil survey and subsurface investigation with the understanding that all such material becomes the property of the LA. The LA will be responsible for reimbursement of all eligible expenses to date of the written notice of termination. 9. This certification is required by the Drug Free Workplace Act (301LCS 580). The Drug Free Workplace Act requires that no grantee or contractor shall receive a grant or be considered for the purpose of being awarded a contract for the procurement of any property or service from the State unless that grantee or contractor will provide a drug free workplace. False certification or violation of the Ah certification may result in sanctions including, but not limited to, suspension of contract or grant payments, termination of a contract qW grant and debarment of the contracting or grant opportunities with the State for at least one (1) year but no more than five (5) years. For the purpose of this certification, "grantee" or "contractor" means a corporation, partnership or other entity with twenty-five (25) or more employees at the time of issuing the grant, or a department, division or other unit thereof, directly responsible for the specific performance under a contract or grant of $5,000 or more from the State, as defined in the Act. The contractor/grantee certifies and agrees that it will provide a drug free workplace by: a. Publishing a statement: (1) Notifying employees that the unlawful manufacture, distribution, dispensing, possession or use of a controlled substance, including cannabis, is prohibited in the grantee's or contractor's workplace. (2) Specifying the actions that will be taken against employees for violations of such prohibition. (3) Notifying the employee that, as a condition of employment on such contract or grant, the employee will: (a) abide by the terms of the statement; and (b) notify the employer of any criminal drug statute conviction for a violation occurring in the workplace no later than five (5) days after such conviction. b. Establishing a drug free awareness program to inform employees about: (1) The dangers of drug abuse in the workplace; (2) The grantee's or contractor's policy of maintaining a drug free workplace; (3) Any available drug counseling, rehabilitation and employee assistance program; and (4) The penalties that may be imposed upon an employee for drug violations. c. Providing a copy of the statement required by subparagraph (a) to each employee engaged in the performance of the contract or grant and to post the statement in a prominent place in the workplace. d. Notifying the contracting or granting agency within ten (10) days after receiving notice under part (B) of paragraph (3) of subsection (a) above from an employee or otherwise receiving actual notice of such conviction. e. Imposing a sanction on, or requiring the satisfactory participation in a drug abuse assistance or rehabilitation program by, f. Assisting employees in selecting a course of action in the event drug counseling, treatment and rehabilitation is required and indicating that a trained referral team is in place. g. Making a good faith effort to continue to maintain a drug free workplace through implementation of the Drug Free Workplace A Page 4 of 7 8LR 05610 (Rev. 9/06) Printed on 12/27/2006 10:58:56 AM 10. The ENGINEER or subconsultant shall not discriminate on the basis of race, color, national origin or sex in the performance of this AGREEMENT. The ENGINEER shall carry out applicable requirements of 49 CFR part 26 in the administration of DOT assisted contracts. Failure by the ENGINEER to carry out these requirements is a material breach of this AGREEMENT, which may result in the termination of this AGREEMENT or such other remedy as the LA deems appropriate. • Agreement Summary Prime Consultant: T.Y. Lin International Great Lakes, Inc. Sub -Consultants:: Susan Pinsof I I I TIN Number Agreement Amount 36-3262349 I $30,943.08 f TIN Number Agreement Amount 343-40-8199 I $5,175 I I I I I Sub -Consultant Total: I $5,175 J Prime Consultant Total: I $30,943.08 Total for all Work: I $36,118.08 Executed by the LA: City of Evanston, Illinois (M u n i ci p a l i tyrrown s h i p/County ) ST: By: By: City Clerk Title: City Manager (SEAL) Executed by the ENGINEER: ATTEST: T.Y. Lin International Great Lakes, Inc. By: By: Title: Vice President Title: Senior Vice President • Page 5 of 7 BLR 05610 (Rev. 9/06) Printed on 12/27/2006 10:58:56 AM • Exhibit A - Prelimo- Engineering S Route: Local Agency: (Municipality/Township/County) Section: Project: Job No.: Method of Compensation: Cost Plus Fixed Fee 1 Cost Plus Fixed Fee 2 Cost Plus Fixed Fee 3 Specific Rate Lump Sum Element of Work Totals ❑ 14.5%[DL + R(DL) + OH(DL) + IHDC] ❑ 14.5%[DL + R(DL) + 1.4(DL) + IHDC] ❑ 14.5%[(2.3 + R)DL + IHDC] Cost Estimate of Consultant's Services in Dollars Employee Man- Payroll Payroll Classification Hours Rate Costs (DL) A M *Firm's approved rates on file with IDOT'S Bureau of Accounting and Auditing: Overhead Rate (OH) 0.00 % Complexity Factor (R) 0.00 Calendar Days Services by In -House Overhead* Others Direct Costs (IHDC) Profit Total Page 6 of 7 BLR 05610 (Rev. 9/06) Printed on 12/27/2006 10:58:56 AM Exhibit B Illinois Department of Transportation * Consultant Name Address Telephone TIN Number Project Information Local Agency Section Number Project Number Job Number Engineering Payment Report This form is to verify the amount paid to the Sub -consultant on the above captioned contract. Under penalty of law for perjury or falsification, the undersigned certifies that work was executed by the Sub -consultant for the amount listed below. Sub -Consultant Name TIN Number Actual Payment from Prime Sub -Consultant Total: Prime Consultant Total: Total for all Work Completed: Signature and title of Prime Consultant Date The Department of Transportation is requesting disclosure of information that is necessary to accomplish the statutory ose as outlined under state and federal law. Disclosure of this information is REQUIRED and shall be deemed as concurrinq with the payment amount specified above. Page 7 of 7 BLR 05610 (Rev. 9/06) Printed on 12/27/2006 10:58:56 AM • 1-R-07 1 /18/2007 A RESOLUTION Authorizing the City Manager to Execute an Agreement with Takashi'Soga for Public Art at Sherman Plaza WHEREAS, the City has implemented a public art program pursuant to Ordinance 112-0-89 by providing a mechanism for funding the acquisition of works of art in public places; and WHEREAS, the plaza on the northwest corner of the intersection of Sherman Avenue and Davis Street is an appropriate public place for exhibition of an iconic sculptural artwork; and • WHEREAS, Takashi Soga ("Artist") is an artist from Utica, New York, who proposed a work of public art for Sherman Plaza; and WHEREAS, the sculpture will consist of painted stainless steel and lead, featuring one ring balancing horizontally from the top of a vertical base; and WHEREAS, the work of art known as "The Sea of the Ear -Ring" shall imbue Sherman Plaza with a sense of calmness and wonder; and WHEREAS, City Council's selection of the Artist's . work was recommended by the Arts Council and the Public Art Committee; and WHEREAS, the Artist's fee for the sculpture is not to exceed two hundred fifty thousand dollars ($250,000.00); and WHEREAS, an Agreement with the Artist for the aforementioned work of art is in the best interest of the citizens of Evanston. 1-R-07 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF VANSTON COOK COUNTY • THE CITY OF E , ILLINOIS: SECTION 1: That the City Council finds the foregoing recitals as fact and makes them a part hereof. SECTION 2: That the City Manager is hereby authorized and directed to sign and the City Clerk hereby authorized and directed to attest, on behalf of the City of Evanston, an Agreement with Takashi Soga to design, fabricate, and install the aforedescribed sculpture at Sherman Plaza in substantial conformity with the attached Agreement in Exhibit A, made a part hereof, at a total cost not to exceed two hundred fifty thousand dollars ($250,000.00). SECTION 3: That the City Manager is hereby authorized and directed to negotiate any additional terms and conditions of the Agreement. • SECTION 4: That this Resolution 1-R-07 shall be in full force and effect from and after the date of its passage and approval in.the manner required by law. Lo raine H. Morton, Mayor Attest: MaryAoPrris*,)"CityC1erk {pep ufy clef k, Adopted: Ft1U-'�- L ('Z , 2007 -2- 2/23/2007 is 2/8/2007 2/2/2007 1/18/2007 2-R-07 A RESOLUTION Authorizing the City Manager to Create an Evanston Youth Council WHEREAS, a goal of the Strategic Plan is for the City of Evanston to provide opportunities for Evanston youth and young adults to become active and productive citizens of their community; and . WHEREAS, the City Council has adopted a Youth Engagement Initiative; and WHEREAS,, one of the recommendations to emerge from the Youth Engagement In was creation an Evanston. Youth Council in response to an • expression on the part of many youth and young adults of severe disconnect as effective members of the community; and WHEREAS,' creation an Evanston Youth Council would 'not only serve the youth population, but foster and direct opportunities for youth to affect and serve . their community, addressing issues pertinent to the..City's youth and young adults; and WHEREAS, - the Evanston. Youth Council would formulate. program recommendations allowing young people to develop a sense of social responsibility to their community; NOW, THEREFORE, BEAT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS: • SECTION 1: That, for the reasons stated above, the City Council of the City of Evanston, Illinois, hereby establishes an Evanston Youth Council, to: 2-R-07 �. a) foster a working partnership between Evanston youth and young adults, the Evanston City Council and City Staff, providing a youth voice on all issues • of the community; b) assume responsibility for various projects such -as organizing a Youth Summit, conducting youth surveys, participating in community service projects, and sponsoring social events for Evanston youth and young adults. c) sponsor quarterly events that include the attendance of both Youth .Council and City Council members. SECTION 2: That the proposed selection procedure for participation in the Evanston Youth Council is:. A) YOUTH COUNCIL" STRUCTURE: 1) A membership composed of eighteen (18) voting members, two (2) members per City Ward. • 2) A Youth Coordinator responsible forcoordinating meetings and projects :for the Youth Council:.. 3) Appointed members to serve one (1) year terms. Members may re -apply for additional terms of service, as long as they are within, the age and_ residency requirements. 4) Attendance at one (1)weekend retreat. 5) Attendance at bimonthly Youth Council meetings.,-. 6) Participation in subcommittees and service projects as needed. B) APPLICANTS: Requirements for membership in the Evanston Youth Council include`. . 1) Evanston residency. 2) Age between fifteen (15) and nineteen (19) years. • -2- 2-R-07 3) An interest in: • a) working with peers to develop a better community for young people; b) representing a youth perspective to City Council and Staff; c) identifying major issues, challenges, and solutions concerning youth; d) learning leadership and activism skills to bring about change in the community. SECTION 2: That the foregoing recitals are hereby found as fact and made a part hereof. SECTION 3: -That this Resolution shall be in full force and effect from and after the date of its passage and approval. in the manner provided by law. •'---� Lorry -die H..Morton, Mayor Attest: ,f Mary Por , Cit Clerk Adopted; �.� 2- . , 2007 • -3- 4/11 /2007 • 2/1/2007 1 /25/2007 3-R-®7 A RESOLUTION Authorizing the Donation of Certain Surplus City -Owned Personal Property WHEREAS, the City Council of the City of Evanston, County of Cook, State of Illinois, in the United States of America has determined that it is no longer necessary, practical, economical, or in the best interest of the Citizens of Evanston to retain ownership of certain surplus City -owned personal property hereinafter described; and WHEREAS, Mayor Zendaida Moya, on behalf of the City Council of our Sister City, Belize City, Belize, has requested donation of said surplus City- • owned personal property to the Citizens of Belize City; and WHEREAS, donation of such surplus City -owned personal property to the Citizens of Belize City has occurred in 2002 and 2003 as part of the Sister City relationship enjoyed by the City of Evanston and Belize City; and WHEREAS, the continued donation of said surplus City -owned personal property to Belize City would benefit the quality of life, health, safety, and well-being of the Citizens of Belize City; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS: n U 3-R-07 SECTION 1: That the Evanston City Council hereby authorizes the • transfer of ownership of certain City -owned surplus property described in Exhibit A (attached to this Resolution) to our Sister City, Belize City, Belize. SECTION 2: That, subsequent to the transfer of ownership of said surplus property from the City of Evanston to Belize City, responsibility for transporting the surplus property will be shared between the City of Evanston and Belize City. SECTION 3: That the foregoing recitals are hereby found as fact and made a part hereof. SECTION 4: That this Resolution shall be in full force and effect from and after the date of its passage and approval in the manner provided by law. • ea)b4rPro Tem Attest: C Mary P. o of Tty Clerk Adopted: 0" r `t , 2007 -2- 3-R-07 0 EXHIBIT A INVENTORY OF SURPLUS PROPERTY • • PARKING METERS: Model VIP Duplex 263 housings that will accommodate 526 mechanisms. Model #76 Duplex 111 housings that will accommodate 222 mechanisms Model #60 Single 84 housings that will accommodate 84 mechanisms Mechanisms 1002 Mechanical Miscellaneous repair parts and tools which are no longer required for our new equipment. All of the housings and mechanisms were provided by Duncan Technologies. All of the equipment we will be sending is in excess of twenty years in age and is not compatible with our present equipment. BEDDING: 18 Twin bed frames, box springs, and mattresses in good condition. —3— 2/1 /07 4-R-07 A RESOLUTION IMRF Early Retirement Incentive WHEREAS, Section 7-141.1 of the Illinois Pension Code provides that a participating employer may elect to adopt an early retirement incentive program offered by the Illinois Municipal Retirement Fund (IMRF) by adopting a resolution or ordinance; and WHEREAS, the goal of adopting an early retirement program is to realize a substantial savings in personnel costs by offering early retirement incentives to employees who have accumulated many years of service credit; and • WHEREAS, IMRF has prepared an actuarial estimate of the cost of an early retirement incentive program for.the City of Evanston, as marked as Exhibit A attached hereto and incorporated herein by reference; and WHEREAS, . the City Council has reviewed the cost estimate and determined, that the adoption of an early retirement incentive is in the best interests of the City of Evanston; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS: SECTION 1: The City of Evanston does hereby adopt the Illinois Municipal Retirement Fund early retirement incentive program as provided in • 4-R-07 Section 7-141.1 of the Illinois Pension Code. The early retirement incentive • program shall take effect on July 1, 2007. SECTION 2: In order to help achieve a true cost savings, an employee who retires under the early retirement incentive program shall lose those incentives if he or she later accepts employment with any IMRF employer in any position. (Exception: employee can hold an elected position if he/she chooses to not participate in IMRF and the pension is not based on any service earned in that position during any term of office.) SECTION 3: In order to utilize an early retirement incentive as a budgeting tool, the City of Evanston will use its best efforts either to limit the number of retiring employees replaced or to limit the salaries paid to the replacement employees. SECTION 4: The effective date of each employee's retirement under this early retirement incentive program shall be set by the City of Evanston . and shall be . no earlier than the effective date of the program and no later than one year after that effective date; except that the employee may require that the retirement date set by -the employer to be no later than the June 30 next occurring after the effective date of the program and no earlier than the date upon which the employee qualifies for retirement. SECTION 5:. To. be eligible for the early retirement incentive under this Section, the employee must have attained age 50 and have at least 20 years of creditable service by his or her retirement date; and • • -2- 4-R-07 • SECTION 6: As of the date of the adoption of this Resolution, the City Council is not aware of the pending dissolution of the City of Evanston. SECTION 7: The City Clerk shall promptly file a certified copy of this resolution with the Board of Trustees of the Illinois Municipal Retirement Fund. SECTION 8: That the foregoing recitals are hereby found as fact and made a parthereof. SECTION 9: That this Resolution shall be in full force and effect from and after the date of its passage and approval in the manner provided by law. • rrraine H. Morton, Mayor Attest: WA3orrisV, "CityClerk � ,,&i C� irk Adopted: F1b�UA 1 , 2007 • —3— TBHIBZT A IMRF Retirement Incentive 5-Year Window Program Actuarial Auaiysis for 03349 - CITY OF EYANSTt3N (Regular Members) Suinina", of. Valuation Results Window Period: 07i01.I2007 Through 07/01l2008 ih9.1tF C©ST'S 1. Additionak Liability Created by $13,434,581 Window 2. Schedule of Increase in .Employer Contribution to IMRF based on indicated amortization of liability increase 5 Years First Year $2,972,581 Second Year $3,091,516 `third Year $3,215,172 Fourth Year $3,343,778 Fifth Yesr $3,477,577 Sixth Year Seventh Year Eighth Year Nlinth Year Tenth Year Amortization Years 6 Years 7 Fears 8 Years 9 Years 10 Year's $2,517,253 $21,192,363 $1,94,990 $1,759,973 $1,609,009 $2,617,91.1 $2,280,043 $2,02(,955 $1,830,381 $1,673,377 $2,722,658 $2,371,218 $2,108,020 $1,903,602 $1,740,320 $2,831,560 $2,466,092 $2,192,316 $1,979,733 $1,809,938 $2,944,827. $2,564,731-) $2,280,032 $2,058,899 S1,882,324 S3,062,658 $2,667,.320 $2,371,230 $2.141,277 $1,957,594 $2,774,052 $2,466,078 $21226,925 $2,035,919 $2,564,757 $2,316,001. $2,117,353 $2,4OK,674 $2,202,046 S?,290,160 • • • 01l1R,2007-6:47:4-3 ., M 03349 V03.,5 4-R-07 • • CERTIFICATION I, Mary P.._ .Morris the City Clerk of the City of Evanston of the County of Cook, State of Illinois, do hereby certify that I am the keeper of the books and records of the City of Evanston and that the foregoing is -a true and correct copy of a City of Evanston Resolution duly adopted by the City Council at a meeting duly convened and held on the 12thday of February , 2007. . If applicable, I further certify that this Resolution has been submitted to the successor unit(s). of local government and that said unit(s) of local government has/have adopted a resolution approving the adoption of the early retirement incentive for the City of Evanston. A copy of the approved resolution is attached hereto. SEAL Mary"orris, City Clerk by Ma re Press Deputy Clerk —4— • 2/7/2007 5-R-07 A RESOLUTION Authorizing the Transfer of $300,000 from the General Fund to the Fleet Fund WHEREAS, the City of Evanston is a home rule unit of government and operates under the Budget Officer form of Illinois governmental budgeting; and WHEREAS, pursuant to Section 1-11-5 (F) of the City Code (Revision of the Annual Budget), the Municipal Budget Officer, subject to approval by the City Manager, shall have the power to revise the budget within any separate fund as may be required; and • WHEREAS, also under Section 1-11-5 (F), the corporate authorities, by a vote of two-thirds of the members then holding office, shall have the authority to revise the budget by transferring monies from one fund to another or adding to any fund; and WHEREAS, the City Council has determined it is in the best interests of the City of Evanston to transfer funds from the General Fund to the Fleet Fund; and NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOL( COUNTY, ILLINOIS: • 5-R-07 SECTION 1: That there shall be transferred from the General • Fund to the Fleet Fund the sum of three hundred thousand dollars ($300,000.00). SECTION 2: That the uses and expenditures of the Fleet Fund of the City are all for lawful corporate purposes. SECTION 3: That the City Manager shall direct the Municipal Budget Officer to effect such transfer promptly, as soon as may be practicable. SECTION 2: That this Resolution shall be in full force and effect from and after the date of its passage and approval in the manner provided by law. orraine H. Mo on, Mayor Attest: Mary P. M rris, City Clerk ' Adopted: �, , 2007 • -2- 0 • 2/ 27/07 6-R-07 A RESOLUTION Approving the 2007/2008 Fiscal Year Budget of the City of Evanston WHEREAS, the City Manager, in accordance with the requirements of 65 Illinois Compiled Statutes 5/8-2-9.3 and Title 1, Chapter 8 of the City Code, is required to submit to the City Council each year a proposed budget for the ensuing fiscal year which shall present a complete revenues and expenditures plan for each fund, except. bond funds and special assessment funds; and WHEREAS, the City Manager submitted the proposed budget for the 200V2008 fiscal year, in accordance with the requirements of the law, to the City Council; and WHEREAS, the City Council has reviewed the proposed budget in the total expenditure amount. of one hundred eighty-eight million, one hundred* sixty-one thousand, seven hundred sixty-nine dollars ($188,161,769). NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS: SECTION 1: That the City of Evanston's fiscal year budget in the total expenditure amount of one hundred eighty-eight million, one hundred sixty- one thousand, seven hundred sixty-nine dollars ($188,161,769) as submitted by • the City Manager in December 2006, as amended and attached hereto and incorporated herein as exhibit A is hereby adopted and the City Manager is directed to implement said budget. SECTION 2: That this Resolution shall be in full force and effect from and after the date of its passage and approval in the manner provided by law. Attest: Mary P. r ' ity Clerk Adopted: 4"La tq 2 , 2007 Vor Pro Tem Wynne 7 do -2- Exhibit A City Council Balancing Worksheet 2007-08 Budget Action Revenue Expenditure Beginning Balance $ 86,674,600 $ 86,674,600 Restore funding for High School Clinic $ 10,000 50/50 Tree Program Not Approved $ (52,000) Human Relations Specialist (100% of salary plus benefits) $ 79,420 Expenditure Correction - BU 3010 wages and benefits $ (67,900) Expenditure Correction- BU 1630 Benefits only $ (2,800) Mental Health Board $ 15,000 Increase in projected revenues for Alarm Fines $ 50,000 Increase in Overtime for BU 2310-Fire Prevention $ 15,000 Sanitation increase of $1.28 into tax levy $ Corp Sponsorship Rep (Arts Council) $ 56,000 $ 56,000 NU Moneys $ 500,000 Televise Plan Commission Mtgs (per Rules Cmte) $ 5,000 Increase in SWANCC Costs $ 11,042 Staff Recommended Revenue Adjustment $ 145,000 Transfer from Water Fund to Gen Fund $ - Eliminate Yard Waste Sticker Pgm $ (200,000) Increase to Home Rule Sales Tax $ 230,000 Increase to State Income Tax $ 100,000 Amusement Tax $ 5,500 Total Adjustments $ 834,500 $ 120,762 $ 713,738 General Fund Subtotal $ 87,509,100 $ 86,795,362 $ 713,738 Revenue Required to Balance or Expenditure Reductions Required $ (713,738) • General Fund Total $ 86,795,362 $ 86,795,362 $ - City Council Worksheet Prooertv Tax Increase Revised 2006107 2007/08 $ Increase/ % Increase Original Approved Proposed Decrease Decrease Proposal Proposed General Fund $ 17,091,200 $ 16,976,262 $ (114,938) -0.67% _ 3.50% Fire Pension $ 3,735,000 $ 4,174,271 $ 439,271 11.76% 11.76% Police Pension $ 4,148,000 $ 4,636,539 $ 488,539 11.78% 11.78% Debt Service $ 8,736,963 $ 9,052,609 $ 315,646 3.61% 3.61% Total Levy $ 33,711,163 $ 34,839,681 $ 1,128,518 3.35% 5.47% Total Tax Bill Increase - Original Original Proposal Proposal $ 8,000 Tax Bill $ 10,000 $ 8,000 $ 10,000 3.35% % of City Tax Increase 3.35% 5.47% 5.47% 0.66% % Tax Bilb Increase 0.66% 1.08% 1.08% $ 52.87 Annual $ Increase on tax bill $ 66.08 $86.31 $ 107.89 $ 0.14 Per Day Cost $ 0.18 $0.24 $ 0.30 Budget Resolution Total Proposed ALL FUNDS 58,,0 Proposed General Fund $86,674674,600 $101,366,407 NEW General Fund S 86,795,362 New Total ALL FUNDS $188,161,769 FINAL • 0 2/8/2007, 2/13/07 7-R-07 A RESOLUTION Instructing the City Clerk to Submit, for the April 17, 2007 Ballot, an Advisory Referendum Regarding, the Rehabilitation of the Evanston Civic Center WHEREAS, the Illinois General Assembly, specifically in 10 ILCS §5/28-5, allows municipalities to place advisory referendum questions on the ballot, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS: SECTION 1: The City Clerk is hereby instructed to submit an advisory referendum to the proper election authorities, for the April 17, 2007 ballot, .for all legal voters residing in the City of Evanston, to vote upon the following question: Shall the City of Evanston fund the rehabilitation of the Evanston Civic Center, located at 2100 Ridge Avenue, by the issuance of not less than thirty one million dollars ($31,000,000) in General Obligation bonds? SECTION 2: That this Resolution shall be in full force and effect from and after its passage and approval in the manner provided by law. Attest: iJ�n Mary P orris, City Clerk Adopted: i� f'�-j l2 , 2007 2� ne H. Morton, Mayor 2/28/2007 • 2/27/2007 9-R-07 A RESOLUTION City of Evanston, Cook County, Illinois Expressing Official Intent Regarding Certain Capital Expenditures to be Reimbursed from Proceeds of an Obligation WHEREAS, the City of Evanston, Cook County, Illinois (the "City") intends to acquire, construct, repair, rehabilitate, or. install, as applicable, improvements. to its existing offices, facilities, plant, and equipment, all as described in its current Capital Improvement Plan for the FY 2007-2008, which, plan is on file in the offices, of the City Clerk and with the Finance Director; and WHEREAS, all or a portion, of the expenditures (the "Expenditures") • relating to the FY 200.7-2008 CIP Projects have -been paid within .the sixty (60) days prior to the passage of this Resolution or will be paid on or after the, passage of this Resolution; and WHEREAS, the.City reasonably expects to:reimburse itself or pay for the Expenditures with the proceeds of an obligation, which the City now. intends to be a tax- exempt obligation under. Section 103 .of the Internal- Revenue . Code of 1986, as amended, NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF CITY OF EVANSTON, COOK COUNTY, ILLINOIS: SECTION 1: That the City reasonably expects to reimburse or pay the • Expenditures with proceeds of an obligation. 9-R-07 SECTION 2: That the maximum principal amount of the obligations expected to be issued for the FY 2007-2008 CIP Projects, as described in Exhibit A attached hereto and incorporated herein, is twelve million dollars ($12,000,000.00). SECTION 3: That all actions of the officers, agents, and employees of the City that are in conformity with the purposes and intent of this Resolution, whether taken before or after the adoption hereof, are hereby ratified; confirmed and adopted. SECTION 4: That this Resolution shall be in full force and effect from and after the date of its passage and approval in the manner provided by law. • -2- EXHIBIT A • City of Evanston 2007 - 2008 Capital Plan General Obligation Bonds 415864 50/50 Curb and Sidewalk 415854 Alley Paving - City Share 415356 Bent Park Tennis Court and Basketball Courts 415867 Block Curb and Sidewalk 415382 Boat Ramp Extension 415100 Capital Improvements 415509 Chandler Center Floor Tile/Gym Equipment/etc 415875 Chicago Ave Signals - CMAQ 416052 Contingency 415553 Crown Center Systems Repair 415383 Dempster St Beach Lock and Racks - 415802 Fire Station #5 415721 Firing Range Upgrade 416001 Information Technology .416301 : IT Strategic Planning Applications. 416019 Ladd Capital Maintenance 415358 Larimer.Basketball Court • 415380 Lawson Park/Noah's Playground Redevelopment 416129 Library Children's Area Expansion 415350 Mason Park Tennis Court Reconstruction 415870 Neighborhood Traffic Calming 416072 Noyes Capital Maintenance 415307 Parks Maintenance and Furniture Replacement 416122 Perry Park 415722 PODSS Camera System 415718 Police Fire HQ Interior 416079 Service Center.Door Replacements 416051 Services to General Fund 415857 Street Resurfacing. . 415868 Streetlight Upgrades 416028 Traffic Signal and Street Light Maintenance 415862 Traffic Signal System Study. 415871 Traffic Signal Upgrades 416097 Viaduct Screening Bonds - Property Tax Supported 100,000 700,000 150,000 125,000 5,000 50,000 25,000 436,000 300,000 25,000 100,000 2,700,000 134,000 350,000 750,000 60,000 60,000 200,000 500,000 120,000 50,000 20,000 25,000 200,000 45,000 530,000 50,000 300,000 3,000,000 300,000 100,000 100,000_ 300,000 100, 000 12,000,000 • 3/13,12007 3/12/2007 10-R-07 A RESOLUTION Authorizing the City Manager to Sign a Ground Lease and Maintenance Agreement between the City of Evanston and Family Focus, Inc. WHEREAS, Family Focus, Inc., owns the parcel of real estate legally described in Exhibit A. of Exhibit 1 attached hereto and incorporated herein by reference; and WHEREAS, presently, the only improvements on said parcel are playground equipment and related improvements; and WHEREAS, the City desires to lease said parcel from Family • Focus, Inc., for the purpose of installing certain new playground equipment designed for children between two (2) and twelve (12) years of age, including related improvements required in connection therewith; and WHEREAS, the City Council of the City of Evanston does hereby determine that it is in the City's best interest to enter into a Ground Lease and a Maintenance Agreement with Family Focus, Inc., upon the terms and conditions contained in the Ground Lease (Exhibit 1) and Maintenance Agreement (Exhibit 2) attached hereto as and incorporated herein by reference, NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS: 0 10-R-07 SECTION 1: That the City Manager is hereby authorized and • directed to sign, and the City Clerk hereby authorized and directed to attest on behalf of the City of Evanston, a Ground Lease and a Maintenance Agreement with Family Focus, Inc. SECTION 2: That the City Manager is hereby authorized and directed to negotiate any additional conditions of the Ground Lease and the Maintenance Agreement with Family Focus, Inc., as may be determined to be in the best interests of the City. SECTION 3: That this Resolution shall be in full force and effect from and after its passage and approval in the manner provided by law. 'f�orraine H. N(orton, Mayor Attest: Mary "Ci k �Adopted: fttdl .2 6 , 2007 • -2- GROUND LEASE THIS GROUND LEASE is made as of the day of 2007 by and between FAMILY FOCUS, INC., an Illinois not - for -profit corporation ("Lessor"), and CITY OF EVANSTON ("Lessee"). WITNESSETH: WHEREAS, Lessor owns the parcel of real estate legally described on Exhibit A attached hereto and made a part hereof ("Parcel"); and WHEREAS, the only improvements on this Parcel are certain pieces of playground equipment and other related improvements such as • surfacing, pathways, drainage, curbing, furnishings, outdoor lighting and landscaping and; WHEREAS, Lessor desires to lease the Parcel to Lessee and Lessee is willing to lease the Parcel from Lessor upon the terms and conditions hereafter contained; NOW, THEREFORE, in consideration of the mutual covenants, conditions and agreements herein stated, Lessor hereby leases the Parcel to Lessee and Lessee hereby leases the Parcel from Lessor on the terms and conditions as hereafter set forth: 1. Term. The term of the Lease shall commence on the • date hereof and terminate on �� day of a f c. 2022 for a period of fifteen years ("Term"), unless • sooner terminated as provided herein. Lessee shall have the right to extend the lease for two (2) five year option terms by notifying Lessor in writing no less than sixty days before the expiration of the lease first option term. 2. Rent. Lessee covenants and agrees to pay to Lessor during the Term a rental of $1.00 per annurn, the first payment of which shall be due upon execution of this Lease with each subsequent payment being due on each anniversary of the date hereof. 3. Installation and Maintenance of Improvements. s Lessee hall at its sole cost and expense, remove the • s p , existing play -ground equipment of the Parcel and install certain new play -ground equipment designed for children between 2-12 years of age in its place as soon as funding and weather permits, including other related improvements such as surfacing, pathways, drainage, curbing, furnishings, lighting and all necessary landscaping required in connection therewith. In addition, Lessee shall assume, at its sole cost and expense, total and full responsibility for the inspection, • maintenance and repair of said equipment, 4 improvements and the Parcel throughout the Term of • the Lease, including the cost for electricity for the lighting. Lessee shall not install any other improvements on the Parcel without Lessor's prior consent. 4. Services and Tames. Lessor shall not be required to furnish any services to Lessee in connection with the Parcel or to make any repairs or alterations in or to the Parcel or the equipment, all of which Lessee expressly assumes under this Lease. Any real estate taxes assessed against the Parcel shall be borne by Lessor. is 5. Insurance. Lessee shall either maintain comprehensive public liability insurance with respect to the Parcel with limits and companies reasonably satisfactory to Lessor from time to time or to self -insure against any all hazards relating to the Parcel. It is understood that Lessee presently self -insures but if during the Term it elects to seek coverage from an insurance carrier, it will notify Lessor at least thirty days prior to the effective date of any such insurance • coverage. 6. Indemnification. Lessee agrees to indemnify and • hold Lessor, its officers, directors, agents and employees harmless against any and all claims, demands, costs and expenses, including reasonable attorneys' fees for the defense thereof, arising from Lessee's use of the Parcel including, without limitation, its installation and maintenance of the playground equipment (old and new), or from any act of negligence of Lessee, its agents or employees, in or about the Parcel. 'In case of any action or proceeding brought against Lessor, its officers, directors, agents and employees by reason of any such claim upon notice from Lessor Lessee covenants to • defend such action or proceeding by counsel reasonably satisfactory to Lessor. The indemnification provided for in this section 6 shall, however, be limited as follows: i.) In the event that such damages are caused by or result from the sole negligence of Lessor, its agents and/or employees, Lessor shall have no right to indemnification hereunder; and ii.) In the event that such damages are caused by or result from the concurrent negligence of Lessor, its 0 agents and/or employees, and Lessee or its agents n and/or employees, Lessor's right to indemnification hereunder shall be limited to liability -for damages which _relate to the negligence of the Lessee or any of its agents and/or employees. 7. Scone of Lessee Indemnity. Notwithstanding that joint or concurrent liability may be imposed upon Lessor by statute, ordinance, rule, regulation or order, Lessee shall indemnify, defend and hold harmless - Lessor from any and all claims, demands, costs and expenses, including reasonable attorney's fees for the defense thereof, which may be imposed upon or asserted against Lessor by reason of the occurrence of any one or more of the following: i.) Lessee's Breach. Any breach, violation or nonperformance of any covenant or agreement in this Lease set forth and contained on the part of Lessee to be fulfilled, kept, observed or performed; ii.) Lessor's Nonnegligent Performance. Any accident, injury or damage to person and/or property (except to the extent arising from the nonperformance or negligent performance of any covenant or obligation undertaken by Lessor under this Lease) or to any use or occupancy of the Parcel which Lessee may permit or • suffer to be made, occasioned by Lessee's use or occupancy of the Parcel and/or occurring on any sidewalk, plaza, street, alley, curb, passageway or space adjacent thereto, or any part thereof; iii.) Lessee's Negligence. Any negligence or wrongful act or omission on the part of Lessee or any of its agents, contractors, servants, employees, licensees, or invitees; iv.) Lessee's Work. Any work or thing done by Lessee in, on or about the Parcel and/or on any • sidewalk, plaza, street, alley, curb, passageway or space adjacent thereto, or any part thereof unless such work or thing be performed by Lessor or its agents; 8. Ass_i�nment and Subletting. Neither party shall assign this Lease without the prior consent of the non - assigning party nor shall Lessee sublet the Parcel without the prior consent or Lessor. In no event shall the consent to an assignment or sublet be unreasonably withheld. 9. Early Termination. Lessor shall have the right to • terminate this Lease upon not less than sixty days prior 0 notice to Lessee, and if Lessee is not then in default, 0 Lessor shall pay to Lessee, on or before the early termination date, the unamortized cost (computed on a monthly straight line basis plus inflation costs, over the term of the Lease) of improvements utilizing for computation purposes the actual cost of the equipment and installation as supported by purchase documentation. 10. Severabili-tv. If any term, provision or condition contained in this Lease shall, to any extent, be invalid or unenforceable, the remainder hereof (or the application • of such term, provision or condition to persons or circumstances other than those in respect to which it is invalid or unenforceable) shall not be affected thereby, and each and every other term, provision and condition hereof shall be valid and enforceable to the fullest extent permitted by law. 11. Governing Law. This Lease shall be governed in accordance with the laws of the State of Illinois. 12. Notices. All notices, demands, requests for consent or other communications which are required to be given under this Lease by either party to the other shall be in 7 writing and shall be deemed to have been properly given • if personally delivered or if mailed by registered or certified mail, return receipt requested with postage prepaid, addressed as follows: i. If to Lessee: City of Evanston 21oo Ridge Avenue Evanston, Illinois 60204 Attention: Director of Parks/Forestry & Recreation ii. If to Lessor: Family Focus, Inc. 23oo Green Bay Road Evanston, Illinois 60201 Attention: Executive Director Each party may designate by notice in writing a new address to which any notice, demand, request or communication may hereinafter be so given. 13. Expense of Enforcement. In the event that any action or proceeding is brought to enforce any term, covenant or condition hereof on the part of Lessor or Lessee, the prevailing party in such action or proceeding shall be entitled to attorneys' fees incurred by such party in connection with such action or proceeding. • 0 14. Lease Contains All Terms. All of the representations and obligations of Lessor and Lessee are contained herein, and no modification, waiver or amendment of this Lease or of any of its conditions or provisions shall be binding upon Lessor or Lessee unless in writing singed by both of them. 15. ,Rim' hts Cumulative. All rights and remedies of Lessor and Lessee under this Lease shall be cumulative and none shall exclude any other rights and remedies allowed by law. 16 Bindine Effect. Each of the provisions of this Lease shall • extend to and shall, as the case may require, bind or inure to the benefit of not only Lessor and Lessee, but also their respective successors or assigns. 17 Nonwaiver. No waiver of any provision of this Lease shall be implied by any failure of Lessor or Lessee to enforce any remedy on account of the violation of such provisions, even if such violation be continued or repeated subsequently, and no express waiver shall affect any provision other than the one specified in such waiver and that one only for the time and in the manner specifically stated. 9 IN WITNESS WHEREOF, Lessor and Lessee have executed this instrument as of the day and year first above written. Lessor: FAMILY FOCUS, INC., an Illinois Not -for -profit Corporation By 1V Y Its �X�eri�rl;'1L. i/ C'L G� — Lessee: CITY OF EVANSTON By QQ . Its i • 0 • 10 • EXHIBIT A THAT PART OF LOT 2, LYING 53.5 FEET WEST OF AND PARALLEL OF THE EAST LINE OF DEWEY AVENUE EXTENDED SOUTHWARD, IN FOSTER FIELD RESUBDIVISION OF PART OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECITON 13, TOWNSHIP 41 NORTH, EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF SAID LOT 2; THENCE NORTH ALONG THE EAST LINE OF SAID LOT 2 TO A • DISTANCE OF 94.05 FEET;; THENCE EASTERLY A DISTANCE OF 37.48 FEET; THENCE NORTH A DISTANCE OF 200.10 FEET; THENCE WEST A n U DISTANCE OF 37.48 FEET; THEN NORTH A DISTANCE OF 30.01 FEET;; THENCE SOUTHWESTERLY A DISTANCE OF 53.5 FEET; THENCE SOUTH ALONG A LINE 53.5 FEET WEST OF AND PARALLEL OF AFORSAID EAST LINE OF DEWEY AVENUE, A DISTANCE OF 324.16 FEET TO A POINT ON THE SOUTH LINE OF DISTANCE OF 53.5 FEET TO THE POINT OF BEGINNING, ALL IN COOK COUNTY, ILLINOIS. 11 MAINTENANCE AGREEMENT • THIS AGREEMENT dated as of the IJ' day of �1�C�!1 , 2007 by and between CITY OF EVANSTON ("Evanston") and FAMILY FOCUS, INC., an Illinois not -for -profit corporation ("Family Focus"). WITNESSETH: WHEREAS, Family Focus is the owner of a certain parcel of real estate, legally described on Exhibit A attached hereto and made a part hereof, which, real estate is commonly known as 2010 Dewey Avenue, Evanston, Illinois ("Property"); and WHEREAS, Family Focus has requested that Evanston, at its sole cost and expense, install and maintain certain playground equipment designed for • children between 2 —12 years of age at the east end of the Property and Evanston has agreed to do so, provided that Family Focus indemnifies Evanston in the event any claim for injury arises out of the use of such equipment; NOW, THEREFORE, in consideration of the mutual covenants herein contained, and for other good and valuable consideration, the parties hereto agree as follows: Construction and Maintenance of Plavaround Eauivment. Evanston agrees to install certain playground equipment ("Equipment") on the Property, at its sole cost and expense, in accordance with plans and specifications as soon as funding and weather permits. In addition, Evanston agrees to maintain the Equipment, at its sole cost and expense, for the entire term of the lease including any exercised option term, from the date of installation, unless terminated prior thereto in accordance with the terms of Paragraph 4 of this Agreement. For purposes of this Agreement, maintenance shall include periodic inspection of the Equipment in accordance with the standards set by Evanston for similar equipment installed elsewhere within the City and the performance of all corrective and preventive work to keep the Equipment safe and usable for the purposes intended. 2. Indemnification. 0 The parties each shall indemnify, defend and hold and save the other, their respective successors, assigns, officers, directors, employees and agents, their heirs, administrators and executors and each of them (collectively "the indemnified party") harmless form any and all actions and causes of actions, claims, demands, liabilities, losses, judgments, damages or expenses, of whatsoever kind and nature, including interest and attorneys' fees and all other reasonable costs, expenses and charges that the indemnified party shall or may at any time, subsequent to the date of the Agreement, sustain or incur, or become subject to by reason of any claim AA or claims for any reason resulting from carrying out or failing to carry out the terms and conditions of this Agreement, or the negligence, gross negligence, intentional misconduct or criminal acts or omissions resulting from the action or inaction of the other party, provided that the indemnified party notifies within a reasonable time the other of such adverse claims, or threatened or actual lawsuits. Each party as appropriate shall. provide complete cooperation to the other, its attorneys and agents. 3. Insurance. Family Focus shall maintain comprehensive public liability insurance with respect to the Equipment with limits and companies reasonably satisfactory to Evanston • P Y rY from time to time and shall designate Evanston as an additional insured on such coverage. 4. Early Termination. This Agreement may be terminated by Family Focus at any time upon S i 47 days prior written notice to Lessee and if Lessee is not then in default, Lessor shall pay to Lessee, on or before the early termination date, the unamortized cost (computed on a monthly straight line basis plus inflation costs, over the term of the Lease) of the improvements utilizing for computation purposes the actual 0 0 • cost of the equipment and installation as supported by purchase documentation. 5. Use bv Third Parties. ]Family Focus represents to Evanston that the Equipment will be available during the normal Tot Lot/Playground hours as described by the City Ordinance for use by children between 2 -12 years of age. 6. Construction. The validity and construction of this Agreement shall be determined and governed in all respects by the laws of the State of Illinois. 7. Amendment. This Agreement embodies the full understanding of the parties hereto and no change or modification shall be effective without the written consent of both parties. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed on the day and year first above written. CITY OF EVANSTON ByQJ0 Q City Manager FAMILY FOCUS, INC. By V e- L! • 3/27/2007 14-R-07 A RESOLUTION Authorizing the City Manager to Enter into a Lease Agreement with Debra Tolchinsky for Lease of Studio #13-11 at the Noyes Cultural Arts Center WHEREAS, Debra Tolchinsky wishes to lease Studio #13-11 in the Noyes Cultural Arts Center for the term of May 1, 2007 to February 29, 2008; and WHEREAS, such a lease would be in the best interests of the citizens of Evanston, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS: • SECTION 1: That the City Manager is hereby authorized and directed to sign, and the City Clerk hereby authorized and directed to attest on behalf of the City of Evanston, a lease between the City and Debra Tolchinsky. SECTION 2: Such lease shall be in substantial conformity with the Master lease (3/1/05-2/29/08) and/or the new Lease effective May 1, 2007 through February 29, 2008, with these dates stated in said Lease, and for the consideration stated therein, marked as Exhibit 1 attached hereto and incorporated herein by reference. SECTION 3: That the City Manager is hereby authorized and directed to negotiate any additional terms and conditions of the Lease as may be 0 determined to be in the best interests of the City. 14-R-07 SECTION 4: That this Resolution shall be in full force and effect • from and after its passage and approval in the manner provided by law. ILL aine H. Moon, Mayor Attest: t Maryu Cik Clerk Adopted:. , 2007 n U • -2- • 03/28/07 15-R-07 A RESOLUTION Authorizing the City Manager to Execute a Letter of Understanding With The Village of Wilmette Regarding the Evanston -Wilmette Water System Interconnection Design WHEREAS Evanston and Wilmette are interested in developing an interconnection between their respective distribution systems to provide an alternate source of water to both communities in the case of manmade or natural disasters and an additional source of water for fire protection; and WHEREAS an engineering study has determined that the most favorable and economical route of the proposed 36-inch diameter water main is approximately five • thousand four hundred feet (5,400') long running between the north bank of the North Shore Channel at Ashland Avenue (extended) in Evanston to the intersection of 5th Street and Linden Avenue in Wilmette; and WHEREAS the estimated total estimated cost of the project is four million five hundred thousand dollars ($4,500,000); and WHEREAS both communities desire to engage an engineering firm to complete the design of the proposed distribution interconnection in order to develop a realistic construction cost prior to developing an intergovernmental agreement for the construction of said interconnection; and WHEREAS a Letter of Understanding between the City of Evanston and the Village of Wilmette for Evanston -Wilmette Water System Interconnection Design has • been drafted designating the City as the lead agency during the project design process, 15-R-07 and that the maximum cost of the project design will be five hundred thousand dollars ($500,000) to be split evenly between the City and Wilmette, • NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS: SECTION 1: That the City Manager is hereby authorized to sign, and the City Clerk hereby authorized to attest to, the Letter of Understanding between the City of Evanston and the Village of Wilmette for Evanston -Wilmette Water System Interconnection Design, marked as Exhibit A and attached hereto and incorporated herein. The Letter of Understanding is not legally binding upon either the City or the Village of Wilmette. SECTION 2: That this Resolution shall be in full force and effect from and after its passage and approval in the manner provided by law. • Lafraine H. Morton, Mayor Attest: . Mary P. o i , C ty Clerk Adopted: , 2007 -2- 04/04/07 • 16-R-07 A RESOLUTION Authorizing the City Manager to Execute an Amendment to the North Standpipe Lease Agreement Between the City and Sprintcom, Inc. WHEREAS on October 28, 1997, the City entered into the North Standpipe Lease Agreement with Sprintcom, Inc., for the use of the North Evanston Water Tank located at 2536 Gross Point Road in connection with the provision of mobile communications services; and WHEREAS Sprintcom, Inc., desires to execute the Amendment to the North Standpipe Lease Agreement ("Amendment") to allow the construction of a base station as depicted in Exhibit A attached hereto and incorporated herein, and increase the • maximum number of panel antennas mounted on the water tank to twelve (12); and WHEREAS the Amendment increases the rent paid to the City by Sprintcom, Inc. by Four Thousand Six Hundred and Seventy Six Dollars ($4,676.00) for the period from October 1, 2007 to October 1, 2008 and allows for a five percent (5%) increase in the base rent level per year thereafter; and WHEREAS the term of the Amendment expires on the same date specified in the North Standpipe Lease Agreement. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS: SECTION 1: That contingent upon Sprintcom, Inc. obtaining a valid City building permit, the City Manager is hereby authorized to sign, and the City Clerk hereby • authorized to attest to, the Amendment to the North Standpipe Lease! Agreement 16-R-07 ("Amendment") marked as Exhibit A and attached hereto and incorporated herein. The original North Standpipe Lease Agreement is marked as Exhibit B and attached hereto • and incorporated herein. SECTION 2: That the City Manager is hereby authorized and directed to negotiate any additional conditions of the Agreement as may be determined to be in the best interests of the City. SECTION 3: That this Resolution shall be in full force and effect from and after its passage and approval in the manner provided by law. Attest: Mary P Adopte , 2007 Lorraine H. Morton, Mayor n U -2- • r� U 0 5/2/2007 414/2007 17-R-07 A RESOLUTION Authorizing the City Manager to Sign a Subgrant Agreement between the City and Cook County Accepting a Grant to the City for Emergency Traffic Control Equipment BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS: SECTION 1: That the City Manager is hereby authorized and directed to sign, and the City Clerk hereby authorized and directed to attest on behalf of the City of Evanston, the Subgrant Agreement Between the County of Cook and City of Evanston (hereinafter "Agreement"). SECTION 2: That the City Manager is hereby authorized and directed to negotiate any additional conditions of the Agreement as may be determined to be in the best interests of the City. SECTION 3: That this Resolution shall be in full force and effect from and after its passage and approval in the manner provided by law. Attest: Ct - r� Mary . ity Clerk Adopted: , 2007 J or Pro Tem 0 • 4/9/2007 • 18-R-07 A RESOLUTION Authorizing the City Manager to Sign A Fiscal Year 2007 Grant Application for the Save America's Treasures Grant for Renovations to the Two Fog Signal Buildings at Grosse Pointe Lighthouse WHEREAS, the Save America's Treasures Grant is a federally -financed program operated by the National Park Service in partnership with the National Endowment for the Arts, the National Endowment for the Humanities, the Institute of Museum and Library Services, and the President's Committee on the Arts and the Humanities; and WHEREAS, a Save America's Treasures Grant can be requested for the • preservation and/or conservation of nationally significant historic structures and sites; and WHEREAS, the Save America's Treasures Grant operates with a dollar - for -dollar non -Federal match, which can be cash or donated services. The minimum grant request for historic property projects is a one hundred twenty-five thousand and no/100 dollar ($125,000.00) Federal share. The maximum grant request is a seven hundred thousand and no/100 dollar ($700,000.00) Federal share; and WHEREAS, the City's Parks/Forestry and Recreation Department will submit a grant proposal for two hundred seventy-three thousand, two hundred ten and no/100 dollars ($273,210.00) to renovate the two fog signal buildings and associated site improvements at the Grosse Pointe Lighthouse National Historic Landmark. The renovations will include repairs to the roofs and masonry walls; installation of Heating, • Ventilation, and Air Conditioning (HVAC) units and security systems; and site improvements to comply with the Americans with Disability Act requirements. The total project cost is five hundred forty-six thousand four hundred twenty and no/100 dollars ($546,420.00). The City's match of two hundred seventy-three thousand, two hundred ten and no/100 dollars ($273,210.00) will be designated from the Capital Improvement Budget; and WHEREAS, the grant application must be submitted by April 27, 2007, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS: a part hereof. SECTION 1: That the foregoing recitals are found as fact and made SECTION 2: That the City Manager is hereby authorized to sign the application for the Save America's Treasures Grant for the two fog signal buildings at the Grosse Pointe Lighthouse National Historic Landmark. SECTION 3: That the City Manager is hereby authorized and directed to negotiate any additional terms and conditions of the grant as may be determined to be in the best interests of the City. SECTION 4: That this Resolution shall be in full force and effect from and after its passage and approval in the manner provided by law. Attest: 2ftmClerk Adopted: , 2007 ie H. Morton, Mayor • is -2- n �J 4/12/2007 19-R-07 A RESOLUTION! Reserving $3,395,060 of Bond Volume Cap Allocation for Year 2007 for Single -Family Housing and Industrial/Commercial Revenue Bond Program WHEREAS, the City of Evanston, Cook County, Illinois, (the "Municipality") is a home rule unit of government under the Illinois Constitution of 1970; and WHEREAS, there exists within the borders of the Municipality a recognized need for decent, safe, sanitary, well -constructed and maintained housing which persons of low and moderate income can afford; and is WHEREAS, there exists the need to aid in financing the cost of economic development projects in order to relieve conditions of unemployment and to encourage an increase in commerce and industry within the Municipality, thereby reducing unemployment and to provide for the increased welfare and prosperity of the residents; and WHEREAS, the United States Government has authorized several states and their political subdivisions to issue qualified mortgage bonds (the "Bonds") as defined in Section 143(a) of the Internal Revenue Code of 1986, as amended, (the "Code") in order to provide below -market interest rate loans to qualifying individuals and/or to issue mortgage credit certificates (the • "Certificates") pursuant to Section 25 of the Code in lieu of Bonds which entitle qualifying individuals to a credit against their federal income tax; and 19-R-07 I WHEREAS, the City of Evanston desires to consider establishing • and implementing a 2007 industrial/Commercial Revenue Bond or Mortgage Revenue Bond with the allocation of its 2007 bond volume cap as defined in Section 146 of the Code (the "Volume Cap") in the approximate amount of $3,395,060.00 (three million, three hundred ninety five thousand, sixty and no/100ths dollars); and WHEREAS, the City Council of the City of Evanston hereby proclaims the intent of the City to allocate $3,395,060 of the Municipality's Volume Cap for calendar year 2007 to either Industrial/Commercial Revenue Bonds, Mortgage Revenue Bonds or other eligible programs to be approved by City Council, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL • OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS: SECTION 1: That the City Council hereby finds, determines, and declares that the purposes of this Resolution are to enable the City to: a) take steps designed to reduce the cost of financing principal residences located in the City in order to provide decent, affordable, safe and sanitary housing for persons with qualifying income; and b) to assist in the economic development of the City to relieve unemployment and encourage an increase in commerce and industry. SECTION 2: That the City Council hereby authorizes the reservation of three million, three hundred ninety five thousand, sixty and no/100ths dollars ($3,395,060.00) of the City's Volume Cap for calendar year 2007 to either Industrial/Commercial Revenue Bonds, Mortgage Revenue Bonds, • -2- 19-R-07 • or other appropriate qualifying and eligible financing instruments or a combination of each as approved from time to time by the City Council. SECTION 3: That from and after the adoption of this Resolution, the proper officials, agents and employees of the City are hereby authorized, empowered and directed to do all such acts and things and to execute all such documents as may be necessary to carry out and comply with the provisions of this Resolution or to effectuate the purposes hereof. SECTION 4: That this Resolution shall be in full force and effect upon its passage and approval in the manner provided by after its passage and approval in the manner provided by law. Attest: � y / `�4f; �• C�I 4��� Mary P.`AlJ rrs,�dty Clerk Adopted: 01^-LQ 3 , 2007 n �J Lorraine H. Morton, Mayor -3- 4/12/2007 20-R-07 A RESOLUTION Ceding of $3,000,000 of Bond Volume Cap in Year 2007 to the Illinois Finance Authority WHEREAS, there exists within the borders of the City of Evanston, Illinois, a recognized need for business development, expansion and the generation of jobs; and WHEREAS, The City of Evanston is a home rule unit of local government pursuant to Article VII of the Illinois Constitution of 1970, and as such, Evanston receives an annual allocation of private activity bond volume cap • ("Volume Cap") pursuant to Section 146 of the Internal Revenue Code of 1986, as amended from time to time (the "Code"); and WHEREAS, Section 143 of the Code ("Section 143") authorized home rule units to issue industrial revenue bonds ("Revenue Bonds") using Volume Cap, and WHEREAS, Section 25 of the Code authorized home rule units to elect to surrender all or a portion of the Volume Cap available to issue Revenue Bonds; and WHEREAS, the City of Evanston is willing to cede $3,000,000 of its Volume Cap for the Year 2007 for the use by Illinois Finance Authority to benefit • Evanston businesses in 2007 and generate economic development, including employment, 20-R-07 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS: SECTION 1: That the City of Evanston makes the findings and determinations set forth in the preamble. The terms defined in the preamble are adopted for the purposes of this Resolution. SECTION 2: That the City of Evanston approves and authorizes ceding $3,000,000 for the Illinois Finance Authority for the issue of Revenue Bonds to benefit Evanston businesses. SECTION 3: That from and after the adoption of this Resolution, the proper officials, agents and employees of the City are hereby authorized, empowered and directed to do all such acts and things and to execute all such documents as may be necessary to carry out and comply with the provisions of this Resolution or to effectuate the purposes hereof. is SECTION 4: That this Resolution shall be in full force and effect upon its passage and approval in the manner provided by law. Orraine H. Morton, Mayor Attest: Ma jMriVityaC lem Adopted: aps , 2007 • - 2- - • 4/12/2007 21-R-07 A RESOLUTION Granting a Municipal Use Exemption for the Construction of a New Fire Station Located in the B1a Zoning District at 2830 Central Street WHEREAS, the City of Evanston Department of Fire and Life Safety Services plans to demolish the existing fire station at 2830 Central Street, located in the B1a Zoning District, and construct a new fire station on the same site; and and WHEREAS, Section 6-7-4 of the Zoning Ordinance provides that: Any governmental or proprietary function owned or operated by the city shall be a permitted use in any district. The city council may approve buildings and structures owned and operated by the city that do not comply with all of the requirements of the underlying district if they are necessary for the provision of desired city services and if the adverse impact on surrounding properties resulting from such noncompliance is minimized. Adverse impacts may be minimized by design, architectural treatment, screening, landscaping and/or placement on the lot. Such plan for reduction of adverse impact shall be subject to review by the site plan and appearance review committee; WHEREAS, the Site Plan and Appearance Review Committee met on May 3, 2006, March 14, 2007, and April 4, 2007 to review the project, found that the work minimizes the adverse impact of Zoning noncompliance on surrounding properties, and approved the project; and $�11:iFufi� 21-R-07 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS: SECTION 1: That the foregoing recitals are found as facts and made a part hereof. SECTION 2: That the City Council hereby finds that construction of the Fire Station is necessary for the provision of City services, minimizes the adverse impact of zoning noncompliance on surrounding properties, and approves the project. SECTION 3: That the City Council, pursuant to Section 6-7-4 of the Zoning Ordinance, grants a Municipal Exception to the Zoning requirements for the B1a District, for the City of Evanston Fire Department Station to be • constructed at 2830 Central Street. SECTION 4: That this Resolution shall be in full force and effect • from and after its passage, approval, and publication in the manner provided by law. tGt�Uc ne H. Morton, Mayor Attest: Mary. �M�orrisl, City Clerk Adopted: , ' )J , 2007 • -2- h' _= ��,:,;-^'.',"M_`_-• ',:'-_ems .,: .: . f • 5/31 /2007 5/16/2007 5/8/2007 4/13/2007 22-R-07 A RESOLUTION Establishing Guidelines for the Administration of the Affordable Housing Fund WHEREAS, the City of Evanston is a home rule unit of government under Article VII of the 1970 Illinois Constitution; and WHEREAS, the Illinois Municipal Code provides in 651LCS 5/11-13-1(11) that the creation and preservation of affordable housing is a proper exercise of the zoning powers of all Illinois municipalities; and WHEREAS, legislation designed to provide for decent, safe, and sanitary housing for all residents of the municipality is within the powers of the City as a home rule unit of government; and WHEREAS, Goal Two of the City of Evanston's Strategic Plan, adopted by the City Council on March 27, 2006, is to "create policies and programs that result in a well -maintained, diverse housing stock throughout the City of Evanston;" and WHEREAS, the City Council created the Affordable Housing Fund, defined in Section 4-22-2 of the Evanston City Code, 1979, as amended, as: The fund established by City Council which can only receive and expend monies dedicated to the creation, preservation, maintenance, and improvement of affordable housing for households whose income is one hundred percent (100%) or less of Area Median Income, with sixty percent (60%) of all monies reserved for households that earn less than eighty percent (80%) of Area Median Income; 22-R-07 , and • WHEREAS, Section 4-22-2 of the Evanston City Code, 1979, as amended, states that the City Manager or his/her designee may: Tif:J implement programs including, but not limited to: down payment assistance; rental assistance; building rehabilitation loans; building construction loans; property acquisition and disposition; and grants to non-profit organizations that serve households that earn less than one hundred percent (100%) of Area Median Income; WHEREAS, Section 4-22-2 of the Evanston City Code, 1979, as amended, states programs implemented to administer the Affordable Housing Fund, shall be administered "in accord with guidelines generated by the Evanston Housing Commission, reviewed by the Planning and Development Committee of the City Council, and approved by the City Council;" and • WHEREAS, the Evanston Housing Commission presented its recommendations to the Planning and Development Committee of the City Council at the Committee's February 26, 2007 meeting; and WHEREAS, the Planning and Development Committee of the City Council considered the Housing Commission's recommendations at its April 23, 2007 and May 14, 2007 meetings, and adopted said recommendations at its May 14, 2007 meeting and recommended City Council approval thereof; and WHEREAS, the City Council considered and adopted the respective records, findings, and recommendations of the Housing Commission and the Planning and Development Committee at its May 29, 2007 meeting, • 9PM 22-R4.07 • NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS, AS FOLLOWS: SECTION 1: That the City Council hereby approves and adopts the guidelines recommended by the Evanston Housing Commission and the Planning and Development Committee of the City Council, attached hereto as Exhibit A and made a part hereof. SECTION 2: That hereafter, any program that expends monies from the Affordable Housing Fund shall be administered by said guidelines in order to create, preserve, maintain, and improve affordable housing in the City Evanston. SECTION 3: That this Resolution shall be in full force and effect from and after its passage, approval, and publication in the manner provided • by law. Attest: Mary Mali�is, City Clerk Adopted: i"IAl a 01 • 12007 Lor ine H. Mortori, Niayor -3- 22-R-07 EXHIBIT A Guidelines for the Affordable Housing Fund -4- • • =22-R-07 • Guidelines for the Affordable Flousing `IFund I. Purpose The purpose of the Affordable Housing Fund is to provide financial resources to address the affordable housing needs of low and moderate income individuals and families by promoting, preserving, and producing affordable housing; providing housing -related services to low and moderate income households; and providing support for non-profit organizations that actively address the affordable housing needs of low and moderate income households. 11. Management and Administration The Affordable Housing Fund is to be held as a separate fund within the City, for the purpose of advancing Affordable Housing opportunities. The Fund is to include the following revenue: 1. Proceeds from the Affordable Housing Demolition Tax 2. Fee in lieu payments as required by the Inclusionary Housing Program 3. Proceeds from any future housing -related taxes or fees 4. Repayments of loans made through the Mayor's Special Housing Fund and the Affordable Housing Fund 5. Interest and administrative fees to the Evanston Housing Corporation • 6. Donations The fiscal maintenance and management of the fund shall be undertaken pursuant to the approved investment policies and practices used by the City for other similarly held funds. The City, by and through its Community Development Director, shall be responsible for the day-to-day maintenance and management of the Affordable Housing Fund, including, without limitation: • 1. Preparing an annual budget of projected revenue and expenditures 2. Monitoring eligible funded activities 3. Accepting donations and grants 4. Reporting annually to the Housing Commission on the expenditures, accomplishments and activities of the Fund 5. Assisting applicants with funding proposals, reviewing funding applications and making funding recommendations to the Housing Commission 6. Processing expenditures and repayments 7. Accounting for the income and expenditures of the Fund 8. Tracking the number of people served, by income category and housing tenure, through funded programs or projects -5- 22-R-07 Ill. Distribution • The City Council shall approve distribution of funds in accordance with the requirements listed herein. Distribution of funds may be in the form of grants, loans, or such other funding mechanisms that support the purposes of the Fund. Any Affordable Housing Fund money unused at the end of any year shall remain in the Fund for future eligible activities, pursuant to the requirements of this Chapter. IV. Oversight The Housing Commission shall make recommendations to the Planning and Development Committee of the City Council regarding the operations, programs and disbursements of the Affordable Housing Fund, including, without limitation: 1. The goals of the Fund 2. Funding and award policies and priorities 3. Program requirements 4. Review of applications for awards 5. Recommendations for granting awards 6. Evaluation of fund activities 7. Reporting no less than annually on the expenditures, accomplishments and activities of the Fund The Housing Commission shall: 1. Advise the Community Development Director in the management and , administration of the Affordable Housing Fund. 2. Conduct periodic analyses of housing needs and situations in the Community 3. Recommend priorities for funding based on the analysis of housing needs and issues, 4. Issue at least one Request for Proposals a year to address the identified need 5. Recommend a percentage of yearly allocation to the priority area for which funding proposals will be sought 6. Seek to leverage additional public and private funds as matching dollars for funds released through the Request for Proposals process V. Uses . The Affordable Housing Fund may provide financial support for a wide variety of eligible activities to serve persons in low and moderate income households, including, without limitation, 1. Seniors, 2. Persons with disabilities, 3. Persons employed in Evanston but financially unable to live in Evanston, 4. Persons at risk of homelessness, 5. Persons living in existing affordable housing in danger of becoming unaffordable. • '1•� 22-R-07 . VI. Eligible Activities Eligible activities include acquisition, construction or rehabilitation of owner - occupied or rental housing, as well as 'housing -related services including home- ownership counseling or predatory lending counseling. The following housing -related activities are the types of activities that may receive resources: 1. Housing production, including, without limitation, new construction, rehabilitation and adaptive re -use. Housing produced or rehabilitated for ownership will meet affordable guidelines for households not to exceed 100% of the Area Median Income. Housing produced or rehabilitated for rental will meet affordable guidelines for households with incomes not to exceed 80% of Area Median Income, and preferably at or below 60% of the Area Median Income. 2. Acquisition and disposition, including, without limitation, vacant land, single- family homes, multi -unit buildings, and other existing structures that may be used in whole or in part for residential use 3. Activities that result in residential property being held in a community land trust in order to assure long term housing affordability 4. Capacity -building grants for not -for -profit organizations that are actively engaged in addressing the Housing needs of Low- and Moderate -Income • Households. 5. Any other activity that the City Council determines would address the City's Affordable Housing needs VII. Other Requirements A. Per Unit Award Amounts The minimum award for acquisition, new construction or rehabilitation activities shall be $1,000 per unit. The maximum award for the following activities shall be as follows: 1. Rental subsidy for Families in Transition: $6,500 per year per application 2. Purchase Price Buy -down or Down Payment Assistance Program: $25,000 per unit 3. Owner -occupied Weatherization: $15,000 per unit 4. Owner -occupied emergency repairs: $10,000 per unit The maximum award for acquisition -related hard or soft costs to eliminate vacant or boarded up properties or foreclosure actions shall be determined annually based on a recommendation of the Housing Commission and approved by the City Council. -7- ,221R-!07 The maximum award for matching funds or gap financing for other government - funded housing related projects shall be determined on a case by case'basis. The maximum award for site -specific acquisition, new construction or rehabilitation shall be $80,000 per unit (or determined on a case by case basis.) B. Affordability Retention Any sale of subsidized property shall be subject to approval by the City Manager or his/her designee to ensure compliance with the following terms: 1. Any activity that involves a subsidy less than $30,000 shall be subject to an affordability period, recorded in a mortgage, as follows: Per Unit Subsidy Amount $1,000 - $14,999 $15,000 - $29,999 Affordable Vehicle Recapture, forgiven annually Recapture of initial subsidy + equity sharing equal to 10% of any net gain on sale Affordable Term 5 years 10 years 2. Any activity that involves a subsidy equal to or greater than $30,000 shall be subject to a resale restriction, recorded in a covenant, for as long as allowable by law. During the affordability period, the seller of the subsidized property shall sell the property only to a qualified household, earning 100% or less of AMI, at a price that includes: (i) the subsidized purchase price paid by the seller, plus; (ii) an annual adjustment equal to 3% of the initial subsidized price, plus (iii) reasonable and customary closing costs paid by seller, plus; (iv) capital improvements, not including maintenance, made to the home or installed by the seller and evidenced by receipts, up to an average amount of $5,500 per year of ownership. C. Maximum Property Values The property value of owner -occupied housing assisted with funds shall not exceed a maximum amount, to be determined annually, based on median sales prices for the City of Evanston. The specified percentage and the basis for determining median price (i.e. separate or combined calculations for detached and attached housing) shall be approved by the City Council. • • ".1 22-R-07 • Vill. Eligible -Applicants Developers, non-profit organizations, including the Evanston Housing Corporation, housing owners or operators, individuals, and units of government shall be eligible applicants for the Affordable Housing Fund resources. Eligible applicants may apply to the Community Development Department for eligible activities. An application form with eligibility guidelines will be developed by the Community Development Department. Applicants may apply for a site -specific use or for a program to address a specific housing -related need. IX. Administration Fee In order to ensure compliance with the provisions of this Ordinance, the City may request reimbursements of actual annual administration costs based on a financial analysis submitted annually by the Director to the City Council, up to 15% of funds received the prior. Fees for contracted program management activities shall be included in the 15% Administrative Cap, but this requirement may be waived upon approval by City Council if a review of the administrative funding request and annual Fund revenue indicates it is feasible and warranted. .7 is • 5/3/2007 4/26/2007 23-R-07 A RESOLUTION Authorizing the City Manager to Sign a Master Lease between the City of Evanston and the Lighthouse Park District of Evanston WHEREAS, the City had acquired certain property from the United States of America by deed dated July 2, 1935, with the approximate dimensions of 100' x 522.72', PIN 11-07-201-001, situated east and south of the corner of Central Street and Sheridan Road, north of Milburn Park, (commonly known as 2601 Sheridan Road), and generally located within the confines of Cook County, • and recorded as document number 11649210 with the Office of the Cook County Recorder of Deeds; and WHEREAS, a lease entitled "Lease No. 1 (excluding Tower)" (Exhibit A), was leased for public purposes to the Northeast Park District of Evanston, now known as the Lighthouse Park District of Evanston, (the City and the Lighthouse Park District of Evanston (LPD) are, collectively, "the Parties"), and was executed by the Parties on June 24, 1937; said Lease excluded that portion of the aforedescribed 100' x 522.72' tract of land (said tract is commonly known as Tract 1) improved with the Lighthouse Tower; said excluded portion of Tract 1 includes the Grosse Point Lighthouse Park, two (2) North and South Fog 0 Houses, and the Lighthouse Keeper's Quarters; and 23- R -07 WHEREAS, the land with dimensions of 65' x 45' upon which the • Lighthouse Tower is situated, and that land directly surrounding the Tower (known as the Lighthouse Tower and Tower Land), were excluded from Lease No. 1 because all rights thereto were then the property of the United States of America; and WHEREAS, the City acquired the Lighthouse Tower (Tract 2) and Tower Land (Tract 3) by deed dated December 23, 1941, from the United States of America, and recorded as document number 12820830 with the Office of the Cook County Recorder of Deeds (Exhibit 8); and WHEREAS, the City determined that the public interest would best be served by utilizing the stewardship of the Northeast Park District of Evanston and leased the Lighthouse Tower and Tower Land to the Northeast Park District of Evanston by two (2) additional leases: one dated June 24, 1937, and recorded • as document number 267233288 in the Office of the Cook County Recorder of Deeds, and one dated January 26, 1942, and recorded as document number 2672387 in the Office of the Cook County Recorder of Deeds (hereinafter both leases are collectively referred to as "Lease No. 2 (Lighthouse Tower and Tower Land)") (Exhibit C); and WHEREAS, the United States of America deeded the lands of Lease No. 1 and Lease No. 2 to the City subject to certain reservations, including that they be used for public purposes and certain other reservations; and WHEREAS, Lease No. 1 and Lease No. 2 were made subject to said reservations; and -2- 23- R-07 • WHEREAS, the City leased six (6) additional parcels of land (off - site, separate, and apart from the parcels included in Tracts 1, 2 and 3, that are located generally south and west of the aforementioned Tracts) to the Northeast Park District of Evanston for park and playground purposes by lease dated June 24, 1937, and recorded as document number 26727198 with the Office of the Cook County Recorder of Deeds, (hereinafter, "Lease No. 3") (Exhibit D); and WHEREAS, the locations of said additional six (6) parcels of Lease No. 3 are depicted on Exhibit E (Tract 4, Tract 5, Tract 6, Tract 7, Tract 8, and Tract 9); and WHEREAS, based upon prior information provided by LPD officials • indicating that Lease No. 3 no longer includes Tract 4, Tract 5, a portion of Tract 6, and Tract 9, the Parties are at this time desirous of terminating the leasing of a portion of Tract 6, Tract 7 and Tract 8; WHEREAS, Lease No.3 was subject to certain reservations including. that the land be used for park and playground purposes and other reservations set forth below; and WHEREAS, said Lease No. 1 and Lease No. 2 were amended by Rider No. 1 dated September 27, 2001, approved by the City Council by Resolution 71-R-01 (Exhibit F); and WHEREAS, Lease No. 1, Lease No. 2, and Lease No. 3 share a commonality of provisions; and • -3- �4m N} 23-P%-07 9 WHEREAS, a new Master Lease for all lands the City leases to • the Lighthouse Park District of Evanston would consolidate the leased properties and the Lessor/Lessee obligations into one document, whereby all such leasing agreements serve the public interest by facilitating administration and management of said leases; and WHEREAS, the Board of Commissioners of the Lighthouse Park District of Evanston approved the aforedescribed consolidation by Resolution 23-R-07 on April 16, 2007; and WHEREAS, the City Council has determined that use by the City of the real estate (in particular, all property located in Tract 1, Tract 2, and Tract 3, with the exception of the North and South Fog Houses included in Tract 1) • demised by this Master Lease to the Lighthouse Park District of Evanston is not necessary, appropriate, required for the use of, or for the best interests of the City and that a lease of said real estate to the Lighthouse Park District of Evanston for a term of twenty (20) years upon certain terms and conditions is in the public interest of the citizens of Evanston; and WHEREAS, the Lighthouse Park District of Evanston has from its general operating funds, and through the Friends of the Grosse Point Lighthouse group, maintained the Lighthouse, and has obtained grants and contributions totaling over six hundred thousand dollars ($600,000) since 1989 for use in developing and restoring the Lighthouse structure; and which actions have enabled the City to focus its resources on other parks in Evanston; and • MIC U • WHEREAS, the Lighthouse Park District of Evanston provides tours of the Lighthouse, has created a public museum in the Keeper's Quarters, has developed extensive educational media on the history of the Lighthouse in the form of exhibits, brochures, a book and video, and provides outreach programming to civic groups; and WHEREAS, the Lighthouse Park District of Evanston obtained National Historic Landmark status by the National Park Service for the Lighthouse in 1999, bringing greater recognition of the role of the Grosse Point Lighthouse to Great Lakes maritime history; and WHEREAS, the Lighthouse Park District of Evanston has been . nationally and regionally recognized for its stewardship of the Grosse Point Lighthouse by the National Park Service, the American Association for State and Local History, the Illinois Association of Museums, the Landmarks Preservation Council of Illinois, the Evanston Preservation Commission, the Garden Council of America, and the Smithsonian Institution; and WHEREAS, a new long-term lease would enable the Lighthouse Park District of Evanston, and Friends of the Grosse Point Lighthouse, to remain competitive in attracting grants and donations to maintain the Grosse Point Lighthouse and other leased property in Tract 1, Tract 2, and Tract 3 in an increasingly competitive grant/donation environment; and WHEREAS, for the reasons set forth above, the City desires that is the Lighthouse Park District of Evanston continue its stewardship to lease and —5— Y 23-�. 07 manage the Lighthouse and other leased property in Tract 1, Tract 2, and • Tract 3; and WHEREAS, said leasing will further benefit the citizens of Evanston through the continued stewardship of the Lighthouse Park District of Evanston, and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS: SECTION 1: That the foregoing recitals are hereby found as fact and made a part hereof. SECTION 2: That this Resolution 23-R-07 shall be in full force and effect from and after the date of its passage and approval in the manner provided by law. 14 Y Attest:i1-,Wrraine H. Morton, Mayor Mary P. o r City "Clerk Adopted: " a O 2007 r� U 05/04/2007 24-R-®i A RESOLUTION Authorizing the City Manager to Sign a Local Agency Agreement for Federal Participation with the Illinois Department of Transportation for the Evanston Lakefront Corridor Reconstruction Project WHEREAS, the City received five -hundred and fifty thousand dollars ($550,000.00) in Federal funds through the Illinois Transportation Enhancement Program ("ITEP") in June 2006 to reconstruct the bicycle and pedestrian pathway system between Lee Street and Clark Street beaches within Evanston's lakefront parks; and • WHEREAS, the Illinois Department of Transportation ("IDOT") administers said ITEP funds; and WHEREAS, the City desires to utilize a portion of said ITEP funds to enter into a engineering agreement with the consultant EDAW, Inc., to begin design of the bicycle and pedestrian pathway; and WHEREAS, the City's expenditure of ITEP funds to hire EDAW, Inc., requires the City to execute a Local Agency Agreement for Federal Participation ("Agreement") with IDOT; and WHEREAS, the City Council of the City of Evanston has determined that it is in the best interests of the City of Evanston to enter into • said Agreement with IDOT, 24-R-07 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS: SECTION 1: That the City Manager is hereby authorized and directed to sign the Local Agency Agreement for Federal Participation between the City and the Illinois Department of Transportation marked as Exhibit A and attached hereto and made a part hereof. SECTION 2: That the City Manager is hereby authorized and directed to negotiate any additional conditions of the Local Agency Agreement for Federal Participation as may be determined to be in the best interests of the City. SECTION 3: That this Resolution shall be in full force and effect from and after its passage and approval in the manner provided by law. Attest: Mary P. �irr \(pity Clerk Adopted: PL k , 2007 w. •r Pro Tem • • • -2- i :µme Illinois Department Local Agency of Transportation City of Evanston Local Agency Agreement Section Jeederal Participation 07-00246-00-BT Construction Job Number Project Number State Contract I Day Labor Local Contract i RR Force Account Fund Type ITEP Number Enhancement (STE) Engineerina Job Number I Project Number Riqht-of-Way Job Number I Project Number This Agreement is made and entered into between the above local agency hereinafter referred to as the "LA" and the state of Illinois, acting by and through its Department of Transportation, hereinafter referred to as "STATE". The STATE and LA jointly propose to improve the designated location as described below. The improvement shall be constructed in accordance with plans approved by the STATE and the STATE's policies and procedures approved and/or required by the Federal Highway Administration hereinafter referred to as "FHWA". Location Local Name Evanston Lakefront Corridor Route N/A Length 6000 feet Termini Lee Street to 500 feet north of Clark Street Current Jurisdiction City of Evanston Existing Str. No N/A r1 VJ=%,a vUZ)W INuvn Bike path widening and reconstruction from Lee Street to 500 feet north of Clark Street within Evanston's lakefront parks including lighting, pavement markings, route signs and associated furnishings. Type of Work Participating Construction Non -Participating Construction Preliminary Engineering Construction Engineering Right of Way Railroads Utilities TOTAL $ Division of Cost FHWA % STATE % LA % Total 88,800 ( 80 ) ( ) 22,200 ( 20 ) 111,000 88,800 $ $ 22,200 $ 111,000 NOTE: The costs shown in the Division of Cost table are approximate and subject to change. The final LA share is dependent on the final Federal and State participation. The actual costs will be used in the final division of cost for billing and reimbursment. If funding is not a percentage of the total, place an asterisk in the space provided for the percentage and explain above. The Federal share of construction engineering may not exceed 15% of the Federal share of the final construction cost. Local Agency Appropriation By execution of this Agreement, the LA is indicating sufficient funds have been set aside to cover the local share of the project cost and additional funds will be appropriated, if required, to cover the LA's total cost. Method of Financing (State Contract Work) OD A ---Lump Sum (95% of LA Obligation) HOD B-- Monthly Pavments of METHOD C--LA's Share divided by estimated total cost multiplied by actual progress payment. (See page two for details of the above methods and the financing of Day Labor and Local Contracts) Page 1 of 4 BLR 05310 (Rev. 2/06) Printed on 5/4/2007 4:05:08 PM Agreement Provisions THE LA AGREES: (1) To acquire in its name, or in the name of the state if on the state highway system, all right-of-way necessary for this project in accordance with the requirements of Titles II and III of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, and established state policies and procedures. Prior to advertising for bids, the LA shall certify to the STATE that requirements of Titles II and III of said Uniform Act have been satisfied. The disposition of encroachments, if any, will be cooperatively determined by representatives of the LA, and STATE and the FHWA, if required. (2) To provide for all utility adjustments, and to regulate the use of the right-of-way of this improvement by utilities, public and private, in accordance with the current Utility Accommodation Policy for Local Agency Highway and Street Systems. (3) To provide for surveys and the preparation of plans for the proposed improvement and engineering supervision during construction of the proposed improvement. (4) To retain jurisdiction of the completed improvement unless specified otherwise by addendum (addendum should be accompanied by a location map). If the improvement location is currently under road district jurisdiction, an addendum is required. (5) To maintain or cause to be maintained, in a manner satisfactory to the STATE and FHWA, the completed improvement, or that portion of the completed improvement within its jurisdiction as established by addendum referred to in item 4 above. (6) To comply with all applicable Executive Orders and Federal Highway Acts pursuant to the Equal Employment Opportunity and Nondiscrimination Regulations required by the U.S. Department of Transportation. (7) To maintain, for a minimum of 3 years after the completion of the contract, adequate books, records and supporting documents to verify the amounts, recipients and uses of all disbursements of funds passing in conjunction with the contract; the contract and all books, records and supporting documents related to the contract shall be available for review and audit by the Auditor General and the department; and the LA agrees to cooperate fully with any audit conducted by the Auditor General and the department; and to provide full access to all relevant materials. Failure to maintain the books, records and supporting documents required by this section shall establish a presumption in favor of the STATE for the recovery of any funds paid by the STATE under the contract for which adequate books, records and supporting documentation are not available to support their purported disbursement. (8) To provide if required, for the improvement of any railroad -highway grade crossing and rail crossing protection within the limits of the proposed improvement; (9) To comply with Federal requirements or possibly lose (partial or total) Federal participation as determined by the FHWA; (10) (State Contracts Only) That the method of payment designated on page one will be as follows: Method A - Lump Sum Payment. Upon award of the contract for this improvement, the LA will pay to the STATE, in lump su� an amount equal to 95% of the LA's estimated obligation incurred under this Agreement, and will pay to the STA the remainder of the LA's obligation (including any nonparticipating costs) in a lump sum, upon completion of the project based upon final costs. Method B - Monthly Payments. Upon award of the contract for this improvement, the LA will pay to the STATE, a specified amount each month for an estimated period of months, or until 95% of the LA's estimated obligation under the provisions of the Agreement has been paid, and will pay to the STATE the remainder of the LA's obligation (including any nonparticipating costs) in a lump sum, upon completion of the project based upon final costs. Method C - Progress Payments. Upon receipt of the contractor's first and subsequent progressive bills for this improvement, the LA will pay to the STATE, an amount equal to the LA's share of the construction cost divided by the estimated total cost, multiplied by the actual payment (appropriately adjusted for nonparticipating costs) made to the contractor until the entire obligation incurred under this Agreement has been paid. (11) (Day Labor or Local Contracts) To provide or cause to be provided all of the initial funding, equipment, labor, material and services necessary to construct the complete project. (12) (Preliminary Engineering) In the event that right-of-way acquisition for, or actual construction of the project for which this preliminary engineering is undertaken with Federal participation is not started by the close of the tenth fiscal year following the fiscal year in which this agreement is executed, the LA will repay the STATE any Federal funds received under the terms of this Agreement. (13) (Right -of -Way Acquisition) In the event that the actual construction of the project on this right-of-way is not undertaken by the close of the twentieth fiscal year following the fiscal year in which this Agreement is executed, the LA will repay the STATE any Federal Funds received under the terms of this Agreement. (14) (Railroad Related Work Only) The estimates and general layout plans for at -grade crossing improvements should be forwarded to the Rail Safety and Project Engineer, Room 204, Illinois Department of Transportation, 2300 South Dirksen Parkway, Springfield, Illinois, 62764. Approval of the estimates and general layout plans should be obtained prior to the commencement of railroad related work. All railroad related work is also subject to approval be the Illinois Commerce Commission (ICC). Final inspection railroad related work should be coordinated through appropriate IDOT District Bureau of Local Roads and Streets office. Plans and preemption times for signal related work that will be interconnected with traffic signals shall be submitted to the ICC fo review and approval prior to the commencement of work. Signal related work involving interconnects with state maintained traffic signals should also be coordinated with the IDOT's District Bureau of Operations. Page 2 of 4 BLR 05310 (Rev. 2/06) Printed on 5/4/2007 4:05:08 PM MA The LA is responsible'for.the payment of the railroad related expenses in accordance with the LA/railroad agreement prior to requesting reimbursement from IDOT. Requests for reimbursement should be sent to the appropriate IDOT District Bureau of Local Roads and Streets office. Engineer's Payment Estimates in accordance with the Division of Cost on page one. • And certifies to the best of its knowledge and belief its officials: (a) are not presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from covered transactions by any Federal department or agency; (b) have not within a three-year period preceding this Agreement been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain or performing a public (Federal, State or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements receiving stolen property; (c) are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State, local) with commission of any of the offenses enumerated in item (b) of this certification; and (d) have not within a three-year period preceding the Agreement had one or more public transactions (Federal, State, local) terminated for cause or default. (16) To include the certifications, listed in item 15 above and all other certifications required by State statutes, in every contract, including procurement of materials and leases of equipment. (17) (State Contracts) That execution of this agreement constitutes the LA's concurrence in the award of the construction contract to the responsible low bidder as determined by the STATE. (18) That for agreements exceeding $100,000 in federal funds, execution of this Agreement constitutes the LA's certification that: (a) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress or any employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any cooperative agreement, and the extension, continuation, renewal, amendment or modification of any Federal contract, grant, loan or cooperative agreement. (b) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress or an employee of • a Member of Congress, in connection with this Federal contract, grant, loan or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying", in accordance with its instructions. (c) The LA shall require that the language of this certification- be included in the award documents for all subawards at all ties (including subcontracts, subgrants and contracts under grants, loans and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. (19) To regulate parking and traffic in accordance with the approved project report. (20) To regulate encroachments on public right-of-way in accordance with current Illinois Compiled Statutes. (21) To regulate the discharge of sanitary sewage into any storm water drainage system constructed with this improvement in accordance with current Illinois Compiled Statutes. (22) That the LA may invoice the STATE monthly for the FHWA and/or STATE share of the costs incurred for this phase of the improvement. The LA will submit supporting documentation with each request for reimbursement from the STATE. Supporting documentation is defined as verification of payment, certified time sheets, vendor invoices, vendor receipts, and other documentation supporting the requested reimbursement amount. (23) To complete this phase of the project within three years from the date this agreement is approved by the STATE if this portion of the project described in the Project Description does not exceed $1,000,000 (five years if the project costs exceed $1,000,000). (24) Upon completion of this phase of the improvement, the LA will submit to the STATE a complete and detailed final invoice with all applicable supporting supporting documentation of all incurred costs, less previous payments, no later than one year from the date of completion of this phase of the improvement. If a final invoice is not received within one year of completion of this phase of the improvement, the most recent invoice may be considered the final invoice and the obligation of the funds closed. THE STATE AGREES: (1) To provide such guidance, assistance and supervision and to monitor and perform audits to the extent necessary to assure validity of the LA's certification of compliance with Titles II and III requirements. (State Contracts) To receive bids for the construction of the proposed improvement when the plans have been approved by the STATE (and FHWA, if required) and to award a contract for construction of the proposed improvement, after receipt of a satisfactory bid. (3) (Day Labor) To authorize the LA to proceed with the construction of the improvement when Agreed Unit Prices are approved and to reimburse the LA for that portion of the cost payable from Federal and/or State funds based on the Agreed Unit Prices and Engineer's Payment Estimates in accordance with the Division of Cost on page one. Page 3 of 4 BLR 05310 (Rev. 2/06) Printed on 5/4/2007 4:05:08 PM (4) (Local Contracts) That for agreements with Federal and/or State funds in engineering, right-of-way, utility work and/or construction work: (a) To reimburse the LA for the Federal and/or State share on the basis of periodic billings, provided said billings contain sufficient cost information and show evidence of payment by the LA. (b) To provide independent assurance sampling, to furnish off -site material inspection and testing at sources normally visited bo STATE inspectors of steel, cement, aggregate, structural steel and other materials customarily tested by the STATE. IT IS MUTUALLY AGREED: (1) That this Agreement and the covenants contained herein shall become null and void in the event that the FHWA does not approve the proposed improvement for Federal -aid participation or the contract covering the construction work contemplated herein is not awarded within three years of the date of execution of this Agreement. (2) This Agreement shall be binding upon the parties, their successors and assigns. (3) For contracts awarded by the LA, the LA shall not discriminate on the basis of race, color, national origin or sex in the award and performance of any USDOT — assisted contract or in the administration of its DBE program or the requirements of 49 CFR part 26. The LA shall take all necessary and reasonable steps under 49 CFR part 26 to ensure nondiscrimination in the award and administration of USDOT — assisted contracts. The LA's DBE program, as required by 49 CFR part 26 and as approved by USDOT, is incorporated by reference in this Agreement. Upon notification to the recipient of its failure to carry out its approved program, the department may impose sanctions as provided for under part 26 and may, in appropriate cases, refer the matter for enforcement under 18 U.S.C. 1001 and/or the Program Fraud Civil Remedies Act of 1986 (31 U.S.C. 3801 et seq.). In the absence of a USDOT — approved LA DBE Program or on State awarded contracts, this Agreement shall be administered under the provisions of the STATE's USDOT approved Disadvantaged Business Enterprise Program. (4) In cases where the STATE is reimbursing the LA, obligations of the STATE shall cease immediately without penalty or further payment being required if, in any fiscal year, the Illinois General Assembly or applicable Federal Funding source fails to appropriate or otherwise make available funds for the work contemplated herein. (5) All projects for the construction of fixed works which are financed in whole or in part with funds provided by this Agreement and/or amendment shall be subject to the Prevailing Wage Act (820 ILCS 130/0.01 et seq.) unless the provisions of that Act exempt its application. ADDENDA • Additional information and/or stipulations are hereby attached and identified below as being a part of this Agreement. Number 1 Location Mao. Addendum #1 Location Map (Insert addendum numbers and titles as applicable) The LA further agrees, as a condition of payment, that it accepts and will comply with the applicable provisions set forth in this Agreement and all addenda indicated above. APPROVED Name Julia Carroll Title City Manager County Board Chairperson/MayorNillage Presidentletc. Signature Date TIN Number 36-6005870 NOTE: If signature is by an APPOINTED official, a resolution authorizing said appointed official to execute this agreement is required. APPROVED State of Illinois Department of Transportation Milton R. Sees, Acting Secretary Date Milton R. Sees, Director of Highways/Chief Engineer Ellen Schanzle-Haskins, Chief Counsel Ann L.. Schneider, Director of Finance and Administration • Page 4 of 4 BLR 05310 (Rev. 2/06) Printed on 5/4/2007 4:05:08 PM r1 LJ 5/16/07 25-R-07 A RESOLUTION Assuming Responsibility for the Temporary Closure of Sheridan Road for the Ricky Byrdsong 5K Race WHEREAS, the Ricky Byrdsong Foundation, in the City of Evanston, desires to hold the Eighth Annual Ricky Byrdsong 5K Race on Sunday, June 24, 2007, on Sheridan Road, at 8:00 a.m.; and WHEREAS, said race will require the closing of Sheridan Road, either partially or completely, between Lincoln Street and Dempster Street; and 0 WHEREAS, the State of Illinois requires the City to assume full responsibility and liability for the closing of said highway; NOW THEREFORE, BE IT RESOLVED BY THE EVANSTON l CITY COUNCIL OF COOK COUNTY, ILLINOIS: SECTION 1: That said City will assume full responsibility for the direction, protection, and regulation of traffic during the time the detour is in effect, and all liabilities for damages of any kind occasioned by the closing of the State Route as to claims made upon the State of Illinois. SECTION 2: That efficient, all-weather detours will be maintained, conspicuously marked, and judiciously police -patrolled for the benefit of traffic 0 deviated from the State Route. 25-R-07 • SECTION 3: That this Resolution shall be in full force and effect from and after the date of its passage and approval in the manner provided by law. /Lorraine H. Morton, Mayor Attest: �./ Mary %Po ri Clerk Adopted: Z , 2007 L] -2- • 5/24/2007 26-R-®? A RESOLUTION Authorizing the City Manager to Execute a Lease Agreement between the City of Evanston and the School District No. 65 for Foster Field WHEREAS, Community Consolidated School District No.65, Cook County, Illinois, is the Landlord of certain vacant property commonly known as the Foster Field property, located in Evanston, Illinois (hereinafter, the "Premises"); and WHEREAS, the Landlord has determined that the Premises, legally described in Exhibit A-1 attached hereto and incorporated herein, is temporarily unnecessary for its educational programs; and WHEREAS, the Landlord's Board of Education has authority pursuant to • §10-22.11 of the School Code (105 ILCS 5/10-22.11) to lease school property to the City of Evanston; and WHEREAS, the City Council of the City of Evanston has the authority to lease the Premises for its governmental purposes, and has determined that such a lease is in the best interest of the City; and WHEREAS, the City has received a two hundred fifty thousand dollar ($250,000) grant from the Illinois Department of Commerce and Economic Opportunity to be used for the redevelopment of the tennis court and basketball court at the Fleetwood-Jourdain Center located on the Premises; and WHEREAS, the demised Premises will benefit from the proceeds of said Illinois Department of Commerce and Economic Opportunity grant. 0 26-R-07 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF • THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS: SECTION 1: That the foregoing recitals are hereby found as fact and made a part hereof. SECTION 2: That the City Manager is hereby authorized and directed to sign and the City Clerk hereby authorized and directed to attest on behalf of the City of Evanston the Lease Agreement by and between Community Consolidated School District No. 65, Cook County, Illinois, and the City of Evanston marked as Exhibit 1, and attached hereto and incorporated herein. SECTION 3: That the City Manager is hereby authorized and directed to negotiate any 'additional terms and conditions of the Lease Agreement as may be determined to be in the best interests of the City. SECTION 4: That this Resolution 26-R-07 shall be in full force and effect • from and after the date of its passage and approval in the manner provided by law, —Corralne H. Morton, Mayor Attest: Mary P.`M(.Srri`p, Adopted: '`� �,� �_ l / , 2007 -2- • 5/30/2007 27-R-®7 A RESOLUTION Authorizing the Donation of Certain Surplus City -Owned Personal Property WHEREAS, the City Council of the City of Evanston, County of Cook, State of Illinois, in the United States of America has determined that it is no longer necessary, practical, economical, or in the best interest of the Citizens of Evanston to retain ownership of certain surplus City -owned personal property hereinafter described; and WHEREAS, the Evanston Department of Health and Human Services will cease certain clinical operations on or about July 1, 2007; and • WHEREAS, the Evanston Department of Health and Human Services will have surplus clinical furniture and equipment following this service cessation; and WHEREAS, the Cook County Department of Public Health will initiate new public health services in the Evanston or Skokie area in the summer of 2007; and WHEREAS, the Cook County Department of Public Health may have use for the Evanston surplus supplies; and WHEREAS, the value of such furniture and supplies is limited to another public health provider; and • WHEREAS, the Evanston City Council supports the goals of public health and the Cook county Department of Public Health 27-R-07 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL 0 OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS: SECTION 1: That the Evanston City Council hereby authorizes the transfer of ownership of certain City -owned surplus property described in Exhibit A (attached to this Resolution) to the Cook County Department of Public Health for the purposes of establishing a clinic in Northeast Cook County. SECTION 2: That, subsequent to the transfer of ownership of said surplus property from the City of Evanston to the Cook County Department of Public Health, responsibility for transporting the surplus property will be shared between the City of Evanston and the Cook County Department of Public Health. SECTION 3: That the foregoing recitals are hereby found as fact and made a part hereof. • SECTION 4: That this Resolution shall be in full force and effect from and after the date of its passage and approval in the manner provided by law. tf Mayor Pro Tem Attest: Mis Cit Clerk Mary Mcr� , Y Adopted: ( ,t�v� , 2007 • —2— • EXHIBIT A INVENTORY OF SURPLUS PROPERTY CLINICAL FURNITURE: CLINICAL EQUIPMENT: Cabinets, 2 drawer wood Cabinet 2 drawer metal Cabinet, metal rolling Chair, arm Chair, lab for reading slides • Chair, phlebotomy Microscope with darkfield capacity RPR Rotator Scale, adult with height & weight Stools, exam room and lab Syphgonameter Table, exam with stirrups Table, infant scale with height measure Tray stand, mayo 0 -3- W F • 5/31 /2007 2S-R-®7 A RESOLUTION Authorizing the City Manager to Sign a Resolution of Authorization for an Open Space Lands Acquisition and Development (OSLAD) Grant Application for the Foster Field Redevelopment Project WHEREAS, the Open Space Lands Acquisition and Development (OSLAD) grant is a state -financed program operated by the Illinois Department of Natural Resources; and WHEREAS, an OSLAD grant can be requested for development of land for public outdoor recreation purposes; and • WHEREAS, the OSLAD grant program operates on a reimbursement basis providing up to fifty percent (50%) assistance for approved project costs, with a maximum award of four hundred thousand dollars ($400,000); and WHEREAS, an applicant, as part of its proposal, must adopt and submit a Resolution of Authorization by July 1, 2007, certifying and acknowledging that it has one hundred percent (100%) of the funds necessary to complete the pending project within the required time; and WHEREAS, the City's Parks, Forestry & Recreation Department is preparing a grant proposal for Foster Field for FY 2007; and, WHEREAS, the City Council has designated four hundred thousand dollars ($400,000) for the redevelopment of Foster Field in the Capital Improvement • Plan; and 29-R-07 i WHEREAS, the City has requested four 'hundred thousand dollars • ($400,000) in property tax supported bond money for Foster Field; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS: SECTION 1: That the City Council adopts the State of Illinois OSLAD/LWCF Doc-3 Resolution of Authorization attached hereto as Exhibit A and made a part hereof. SECTION 2: That the City Manager is hereby authorized to sign and the City Clerk hereby authorized to attest to the Resolution of Authorization and the grant application to apply for an OSLAD grant for the redevelopment of Foster Field. SECTION 3: That the City Manager is hereby authorized and directed to negotiate any additional conditions of the Resolution of Authorization and grant • application as may be determined to be in the best interests of the City. SECTION 4: That this Resolution shall be in full force and effect from and after its passage and approval in the manner provided by law. Attest: U Mayor Pro Tem (Z 4 May P. orri , Ci y Clerk Adopted: 21 , 2007 • —2— •:11 • EXHIBIT A • • State of Illinois ®SLAD/LWCF Doc-3 Resolution of Authorization -3- DOC-3 RESOLUTION OF AUTHORIZATION STATE OF ILLINOIS / IDNR OSLAD/LWCF PROJECT APPLICATION The City of Evanston I. Project Sponsor: City of Evanston 2. Project Title: Foster Field Redevelopment hereby certifies and acknowledges that it has 100% of the funds (local project sponsor) necessary (includes cash and value of donated land) to complete the pending OSLAD/LWCF project within the timeframes specified herein for project execution, and that failure to adhere to the specified project timeframe or failure to proceed with the project because of insufficient funds or change in local recreation priorities is sufficient cause for project grant termination which will also result in the ineligibility of the local project sponsor for subsequent Illinois DNR outdoor recreation grant assistance consideration in the next two (2) consecutive grant cycles following project termination. Acquisition and Development Projects It is understood that the project should be completed within the timeframe established in the project agreement and the Final Billing reimbursement request will be submitted to IDNR cis soon as possible after project completion. The City of Evanston further acknowledges and certifies that it will comply with all (local project sponsor) terms, conditions and regulations of 1) the Open Space Lands Acquisition and Development (OSLAD) program (17 IL Adm. Code 3025) or federal Land & Water Conservation Fund (LWCF) program (17 IL Adm. Code 3030), as applicable, 2) the federal Uniform Relocation Assistance & Real Property Acquisition Policies Act of 1970 (P.L. 91-646) and/or the Illinois Displaced Persons Relocation Act (310 ILCS 40 et. seq.), as applicable, 3) the Illinois Human Rights Act (775 ILCS 511-101 et.seq.), 4) Title VI of the Civil Rights Act of 1964, (P.L. 83-352), 5) the Age Discrimination Act of 1975 (P.L. 94-135), 6) the Civil Rights Restoration Act of 1988, (P.L. 100-259) and 7) the Americans with Disabilities Act of 1990 (PL 101-336); and will maintain the project area in an attractive and safe conditions, keep the facilities open to the general public during reasonable hours consistent with the type of facility, and obtain from the Illinois DNR written approval for any change or conversion of approved outdoor recreation use of the project site prior to initiating such change or conversion; and for property acquired with OSLAD/LWCF assistance, agree to place a covenant restriction on the project property deed at the time of recording that stipulates the property must be used, in perpetuity, for public outdoor recreation purposes in accordance with the OSLAD/LWCF programs and cannot be sold or exchanged, in whole or part, to another parry without approval from the Illinois DNR. BE IT FURTHER PROVIDED that the City of Evanston certifies to the best of its (local project sponsor) knowledge that the information provided within the attached application is true and correct. This Resolution of Authorization has been duly discussed and adopted by the City of Evanston (local project sponsor) at a legal meeting held on the 25 day of ATTESTED BY: Mary P. Morris, City Clerk June 20 07 (Authorized Signature) Julia A. Carroll, City Manager (title) is • Ilki (title) Rev. 3/07 • 6/5/2007 6/4/2007 30-R-07 A RESOLUTION Authorizing the Lease of Certain Room Space on The First Floor of the Civic Center (Room 1030) To the League of Women Voters of Evanston from June 1, 2007 through May 31, 2008 WHEREAS, the City of Evanston owns certain real property legally described as follows: PARCEL 1 Lot 1 (except the South 33 feet) thereof in Academy's Subdivision of a part of Lot 19 in the Assessors Division of Section 7, Township 41 North, Range 14, east of the • Third Principal Meridian, according to the plat of said Subdivision recorded June 2, 1897, in Book 72 of plats, page 36 as Document 2546204. PARCEL 2 Lots 1 to 18 (except the South 33 feet of said Lots 2 and 18) in Academy's Subdivision of part of Lot 19 in the Assessor's Division of fractional Section 7, Township 41 North, Range 14, East of the Third Principal Meridian, according to the plat of said subdivision recorded June 29, 1900 in book 78 of plats, page 48 as Document 2980315. PARCEL 3 All of the North and South 20 foot vacated alley lying West of and adjoining Lot 1 in Academy's subdivision aforesaid also all of the East and West 16.9 foot vacated alley lying between Lots 9 and 10 in Academy's Subdivision aforesaid all in Cook County, Illinois, • commonly known as 2100 Ridge Avenue, Evanston, Illinois; and 30=R-07 • WHEREAS, said real estate is improved with a five -story building known as the Evanston Civic Center; and WHEREAS, the City Council of the City of Evanston has determined that it is no longer necessary or appropriate or in the best interests of the City that it retain the use of certain first floor room space (Room 1030 consisting of 103 square feet) within said improved real estate, and that said first floor room space is not required for the use of the City of Evanston; and WHEREAS, the League of Women Voters of Evanston leases said first floor room space at 2100 Ridge Avenue and proposes to renew its lease; and WHEREAS, the City Council of the City of Evanston has determined that the best interests of the City of Evanston would be served by the continued • leasing of said property to, and executing of a lease with, the League of Women Voters of Evanston, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS: SECTION 1: That the City Manager is hereby authorized and directed to sign and the City Clerk is hereby authorized and directed to attest on behalf of the City of Evanston a lease, by and between the City of Evanston as Lessor and the League of Women Voters of Evanston as Lessee, for certain first floor space for a term of one (1) year at a rental of $193.00 per month for the term of June 1, 2007 • —2— 30-R-07 • through May 31, 2003, in substantial conformity with that attached hereto as n Exhibit A and made a part hereof. SECTION 2: The City Manager is hereby authorized and directed to negotiate any additional terms and conditions on the Lease of aforesaid room space as may be determined to be in the best interest of the City. SECTION 3: That this Resolution 30-R-07 shall be in full force and effect from and after the date of its passage and approval in the manner provided by law. Attest: Lorraine H. Morton, Mayor Mary P. ri _ y Clerk Adopted: ��� [ , 2007 C� —3— 30-R-07 EXHIBIT .A Lease between the City of Evanston and the League of Women Voters for the Civic Center, Room 1030 from June 1, 2007 through May 31, 2008 • • • -4- • LEASE BETWEEN THE CITY OF EVANSTON AND THE LEAGUE OF WOMEN VOTERS FOR THE CIVIC CENTER, ROOM 1030 FROM JUNE 11 2007 THROUGH MAY 31, 2000 TERM OF LEASE DATE OF LEASE: BEGINNING ENDING ANNUAL RENT June 1, 2007 May 31, 2008 $193.00/month DEMISED PREMISES: Room 1030 2100 Ridge Avenue Evanston, Illinois 60201 PURPOSE: Utilization of vacant office space in the Evanston Civic Center by the • League of Women Voters of Evanston for conduct of official business. LESSEE: League of Women Voters of Evanston 2100 Ridge Avenue Evanston, Illinois 60201 LESSOR: City of Evanston 2100 Ridge Avenue Evanston, Illinois 60201 IN CONSIDERATION of the agreements herein stated, LESSOR hereby leases to LESSEE Room 1030 of the Evanston Civic Center consisting of one hundred three (103) square feet, to be used for the business activities of the LESSEE subject to the conditions stated herein. 1. The LESSEE shall pay or cause to be paid the rent above stated to the LESSOR, said rent to be due and payable one month in advance, by the first • calendar day of each month. Said rent shall be paid at the office of the LESSOR, Evanston City Manager's Office, Room 4605, 2100 Ridge Avenue, • Evanston, Illinois, 2. This is a lease renewal. Lessee knows the condition of said demised premises, acknowledges the same to be in good order and repair, and acknowledges that no representations as to the condition and repair thereof have been made by the LESSOR or its agent at any time that are not expressed herein or herein endorsed. 3. LESSOR will at all reasonable hours during each day and evening, from October 1 to May 1, during the term, when required by the season, furnish at its own expense heat for the heating apparatus in the demised premises, except when prevented by accidents and unavoidable delays, provided, however, that the LESSOR shall not be held liable in damages on account of any personal injury or • loss occasioned by the failure of the heating apparatus to heat the premises sufficiently, by any leakage or breakage of the pipes, by any defect in the electric wiring, elevator apparatus and service thereof, or by reason of any other defect, latent or patent, in, around, or about the said building. LESSOR will air-condition the premises when required by outside temperature. 4. LESSOR will cause the halls, corridors and other parts of the building adjacent to the demised premises to be lighted, cleaned and generally cared for, accidents and unavoidable delays excepted. • 00A • 5. LESSEE shall comply with such rules and regulations as may later be required of it by LESSOR for the necessary, proper, and orderly care of the Civic Center building in which the demised premises are located. 6. LESSEE shall neither sublet the demised premises or any part thereof, assign, nor otherwise transfer this Lease nor permit by any act or default any transfer of LESSEE'S interest by operation of law, nor offer the demised premises or any part thereof for lease or sublease, nor permit the use thereof for any purpose other than as above mentioned, without in each case the prior written consent of LESSOR. 7. No modifications, alterations, additions, installations, or renovations including decorating shall be undertaken by the LESSEE without first obtaining the • written permission from the LESSOR. The cost of all alterations and additions, etc. to said demised premises shall be borne by the LESSEE and all such alterations and additions shall remain for the benefit of the LESSOR. In the event uniform window treatment is required by LESSOR, LESSOR shall supply and install materials at LESSOR'S expense. 8. LESSEE shall return the demised premises to LESSOR at the termination of the lease with glass of like kind and quality in the several doors and windows thereof, entire and unbroken, shall not allow any waste or misuse, and will not neglect the water or light fixtures on the demised premises; LESSEE shall compensate other tenants of the building for damage caused by Lessee's misuse, • waste or neglect. —3— a. At the termination of the Lease, by lapse of time or otherwise, • LESSEE agrees to yield up immediate and peaceable possession to LESSOR, and failing so to do, to pay as liquidated damages, for the whole time such possession is withheld, the sum of two hundred and no/100 dollars ($200.00) per day, and it shall be lawful for the LESSOR or his legal representative at any time thereafter, without notice, to re-enter the demised premises or any part thereof, and to expel, remove and put out the LESSEE or any person or persons occupying the said premises, using such force as may be necessary so to do, and to repossess and enjoy the premises again as before this Lease, without prejudice to any remedies which might otherwise be used for arrears of rent or breach of covenants; or in case the said premises shall be abandoned, deserted, or vacated, and remain unoccupied five (5) days consecutively, the LESSEE hereby authorizes and • requests the LESSOR as LESSEE'S agent to re-enter the premises and remove all articles found therein, regardless of ownership, place them in some regular storage warehouse or other suitable storage place for no more than forty-five (45) days, at the cost and expense of LESSEE, and proceed to re -rent the said premises at the LESSOR'S option and discretion and apply all money so received after paying the expenses of such removal toward the rent accruing under this Lease. This request shall not in any way be construed as requiring any compliance therewith on the part of the LESSOR. If the LESSEE shall fail to pay the rent at the times, place and in the manner above provided, and the same shall remain unpaid five (5) business days after the day whereon the same should be paid, the LESSOR by reason • —4— • thereof shall be authorized to declare the term ended, and the LESSEE hereby agrees that the LESSOR, his agents or assigns may begin suit for possession or rent. 10. In the event of re-entry and removal of the articles found on the premises and personally owned by LESSEE or others as herein provided, the LESSEE hereby authorizes and requests the LESSOR to sell the same at public or private sale within fifteen (15) days notice, and the proceeds thereof, after paying the expenses of removal, storage and sale to apply towards the rent reserved herein, rendering the overplus, if any, to LESSEE upon demand. 11. At the termination of this Lease by lapse of time or otherwise, Lessee shall leave the demised premises in broom clean condition and shall turn over any • and all keys to the City Manager. Lessee shall pay Lessor for any damages to the • leased premises beyond normal wear and tear and shall do so within thirty (30) days of invoicing therefor by the City. 12. In the event that the LESSOR, his successors, attorneys or assigns shall desire to regain the possession of the demised premises herein described for any reason, LESSOR shall have the option of so doing upon giving the LESSEE sixty (60) days notice of LESSOR'S election to exercise such option. 13. Only those signs; posters and bulletins expressly permitted by LESSOR shall be allowed in and around the building containing the demised premises. This condition shall include, but not be limited to, signage, posters, or -5- announcements relating to any election, candidates for public office, or other • matters of public interest. 14. The LESSOR will at its cost supply electric lighting, cleaning and general maintenance of the demised premises and adjoining stairwells and access corridors. The cleaning of said premises shall be conducted on the same schedule and in the same scope and manner as with other City offices, during hours which will not unreasonably interfere with the conduct of business. 15. The LESSOR will provide security and custodial services. Access to the building and the demised premises during periods other than regular business hours, by the LESSEE, his agents or employees shall be allowed only to the demised premises and the corridors and stairwells required for access thereto, and only to those persons who have been designated in writing by the LESSEE and • approved by the LESSOR. 16. All applicable laws, and ordinances, and City policies concerning political activities and electioneering shall be observed by the LESSEE in and around the demised premises. 17. The provisions of the Municipal Code of the City of Evanston concerning the consumption and use of alcoholic beverages are hereby incorporated by reference and made a part of this lease. 18. The LESSEE agrees that there shall be no unrefrigerated food stored on the leased premises, and that no refrigerator of a capacity greater than six (6) cubic feet, or stoves or other appliances for the preservation or preparation of food, • —6— • other than a coffee pot or device for warming water for beverage preparation, shall be installed or otherwise maintained on the premises. 19. LESSEE shall, during the entire term hereof, keep in full force and effect a Comprehensive General liability policy in the amount of one million and no/100 dollars ($1,000,000.00) with respect to the leased premises, with provisions acceptable to Lessor, and the activities of LESSEE in the leased premises. LESSEE shall furnish copies of a Certificate of Insurance with the LESSOR/OWNER named as an additional insured with an insurance company acceptable to the LESSOR. The LESSEE shall furnish, where requested, a certified copy of the policy(s) to the LESSOR. The policy(s) shall provide, in the event the insurance should be changed or cancelled, such change or cancellation shall not be • effective until thirty (30) days after the LESSOR has received written notice from the insurance company(s). An insurance company having less than an A - Policyholder's Rating by the Alfred M. Best Company will not be considered acceptable. LESSEE shall also insure the following indemnity provisions, and such agreement shall be clearly recited in the body of the Certificate of Insurance: LESSEE hereby agrees to indemnify, protect and save LESSOR safe and harmless against all claims, actions, or causes of action resulting from loss, damage, or injury to any person or persons or property caused by, connected with, or resulting from LESSEE's operations on the leased premises or any activities by LESSEE's agents, servants, employees, or invitees thereon. In the event of any conflict between the language of the insurance policy(s) • and the above -recited indemnity provisions, the indemnity provision shall govern. If —7— requested by the LESSOR, the LESSEE at its own expense, cost, and risk shall • defend and pay all costs, including attorney's fees, of any and all suits or other legal proceedings that may be brought or instituted against the LESSOR, or any such claim or demand, and pay and satisfy any judgment that may be rendered against them in any such suit or legal proceeding or the amount of any compromise or settlement that may result therefrom. Notwithstanding any of the foregoing, LESSEE has no obligation to defend or indemnify LESSOR in or for any claim or action against LESSOR alleging negligence or gross negligence. 20. The Lease is executed in Evanston, Illinois. The laws of Illinois shall be applicable in the event of a dispute between Lessor and Lessee. Venue shall be in Cook County, Illinois. The parties waive trial by jury. 21. Notices given or required under this Lease shall be sent to the City in • care of the City Manager and to the League of Women Voters. A mailed notice must be sent by first class mail, return receipt requested and is effective five (5) days after deposit in the U.S. Mail. Notice given by personal delivery is effective upon delivery. 22. The persons whose names are subscribed below on behalf of the Lessor and Lessee represent and warrant that they are properly authorized to execute this Lease on behalf of their respective parties. 0 • r� U • WITNESS the hands and seals of the parties hereto, as of the date of this Lease stated above. LESSOR: City of Evanston By: �'..l,14 ��v�� 0a Julia A. Carroll Typed Name ATTEST: Date:31�-,vt� LESSEE: League of Women Voters of Evanston By: Typed Name Title Date: "'� c - .1Z' - e 7 , 2007 , 2007 END OF DOCUMENT r6M 6/25/2007 ,8 33-R-07 A RESOLUTION Authorizing the Transfer of $2,475,000.00 from the General Fund to the Capital Improvement Program WHEREAS, the City of Evanston is a home rule unit of government and operates under the Budget Officer form of Illinois governmental budgeting; and WHEREAS, pursuant to Section 1-11-5 (F) of the City Code (Revision of the Annual Budget), the Municipal Budget Officer, subject to approval by the City Manager, shall have the power to revise the budget within any separate fund as may be required; and WHEREAS, also under Section 1-11-5 (F), the corporate authorities, by • a vote of two-thirds of the members then holding office, shall have the authority to revise the budget by transferring monies from one fund to another or adding to any fund; and WHEREAS, the City Council has determined it is in the best interests of the City of Evanston to transfer funds from the General Fund to the Capital Improvement Program; and NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS: SECTION 1 : That there shall be transferred from the General Fund to the Capital Improvement Program the sum of two million, four hundred seventy-five • thousand and no/100 dollars ($2,475,000.00). 33-R-07 SECTION 2: That the uses and expenditures of the Capital Improvement Program of the City are all for lawful corporate purposes. 40 SECTION 3: That the City Manager shall direct the Municipal Budget Officer to effect such transfer promptly, as soon as may be practicable. SECTION 2: That this Resolution shall be in full force and effect from and after the date of its passage and approval in the manner provided by law. Attest: Mary P. o��,Cjiy Clerk Adopted: ^ Z 2007 Mayor Pro Tem CJ -2- 06/14/2007 32-R-0i A RESOLUTION Authorizing the City Manager to Sign a Local Agency Agreement for 80% Federal Participation with the Illinois Department of Transportation and 20% Local Participation for the Twiggs Park Expansion and Bike Path Reconstruction Project WHEREAS, the City received two -hundred thousand dollars ($200,000.00) in Federal funds through the SAFETEA-LU High Priority Fund ("High Priority") in 2006 to reconstruct, widen, and extend the bicycle and pedestrian pathway system between Simpson Street and Green Bay Road within • Evanston's Twiggs Park; and WHEREAS, the Illinois Department of Transportation ("IDOT") administers said High Priority funds; and WHEREAS, the City shall contribute twenty percent (20%) in matching funds equaling fifty -thousand dollars ($50,000.00) through the City's Capital Improvement Plan Fund as a condition to receiving the two -hundred thousand dollars ($200,000.00) from IDOT; and WHEREAS, the City desires to utilize a portion of said High Priority funds to enter into two engineering agreements with the consultant URS Corporation to perform design engineering and construction administration • services of the bicycle and pedestrian pathway; and 32-R-07 J WHEREAS;, the City's expenditure of High Priority funds to hire • URS Corporation requires the City to execute a Local Agency Agreement for Federal Participation ("Agreement") with IDOT; and WHEREAS, the City Council has determined that it is in the best interests of the City to enter into said Agreement with IDOT, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS: SECTION 1: That the City Manager is hereby authorized and directed to sign the Local Agency Agreement for Federal Participation between the City and the Illinois Department of Transportation marked as Exhibit A, attached hereto, and made a part hereof. SECTION 2: That the City Manager is hereby authorized and • directed to negotiate any additional conditions of the Local Agency Agreement for Federal Participation as may be determined to be in the best interests of the City. SECTION 3: That this Resolution shall be in full force and effect from and after its passage and approval in the manner provided by law. v. Mayor pro Tem Attest: r r Mary P. o6 i Clerk Adopted: � 2007 • 0 —2— EXHIBIT A Illinois Department Local Agency State Contract Day Labor Local Contract RR Force Account of Transportation City of Evanston Local Agency Agreement Section Fund Type ITEP Number i Federal Participation 07-00245-00-BT High Priority Construction Enqineerinq Riaht-of-Wav Job Number Project Number Job Number Project Number Job Number Project Number C-91-358-07 HPP-0299 (106) D-91-358-07 HPP-0299 (105) l This Agreement is made and entered into between the above local agency hereinafter referred to as the "LA" and the state of Illinois, acting by and through its Department of Transportation, hereinafter referred to as "STATE". The STATE and LA jointly propose to improve the designated location as described below. The improvement shall be constructed in accordance with plans approved by the STATE and the STATE's policies and procedures approved and/or required by the Federal Highway Administration hereinafter referred to as "FHWA". Location Local Name Twiggs Park Bike Path Extension Route N/A Length 0.4 Mi. Termini Simpson Street to Greenbay Road Current Jurisdiction City of Evanston Existing Str. No N/A Project Description Bike path widening and reconstruction from Simpson Street to Dewey Avenue and new bike path construction from Dewey Avenue to Greenbay Road within City of Evanston's Twiggs Park including lighting, pavement markings, route signs and associated furnishings. 0 Division of Cost Type of Work FHWA % STATE % LA % Total Participating Construction 126,200 ( 25 ) ( ) 373,800 ( 75 ) 500,000 Non -Participating Construction ( ) ( ) ( ) Preliminary Engineering 59,000 ( 80 ) ( ) 14,800 ( 20 ) 73,800 Construction Engineering 14,800 ( 80 ) ( ) 3,700 ( 20 ) 18,500 Right of Way ( ) ( ) ( ) Railroads ( ) ( ) ( ) Utilities ( ) ( ) ( ) TOTAL $ 200,000 $ $ 392,300 $ 592,300 NOTE: The costs shown in the Division of Cost table are approximate and subject to change. The final LA share is dependent on the final Federal and State participation. The actual costs will be used in the final division of cost for billing and reimbursment. If funding is not a percentage of the total, place an asterisk in the space provided for the percentage and explain above. The Federal share of construction engineering may not exceed 15% of the Federal share of the final construction cost. Local Agency Appropriation By execution of this Agreement, the LA is indicating sufficient funds have been set aside to cover the local share of the project cost and additional funds will be appropriated, if required, to cover the LA's total cost. Method of Financing (State Contract Work) *HOD A ---Lump Sum (95% of LA Obligation) HOD B--- Monthly Payments of METHOD C--- LA's Share divided by estimated total cost multiplied by actual proqress payment. (See page two for details of the above methods and the financing of Day Labor and Local Contracts) Page 1 of 4 BLR 05310 (Rev. 2/06) Printed on 6/15/2007 10:08:16 AM EXHIBIT A Agreement Provisions THE -LA -AGREES: (1) -To acquire in its name, or in the name of the state if on the state highway system, all right-of-way necessary for this project in -accordance with the requirements of Titles II and III of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, and established state policies and procedures. Prior to advertising for bids, the LA shall certify to the STATE tha requirements of Titles II and III of said Uniform Act have been satisfied. The disposition of encroachments, if any, will be cooperatively determined by representatives of the LA, and STATE and the FHWA, if required. 6 (2) To provide for all utility adjustments, and to regulate the use of the right-of-way of this improvement by utilities, public and private, in accordance with the current Utility Accommodation Policy for Local Agency Highway and Street Systems. (3) To provide for surveys and the preparation of plans for the proposed improvement and engineering supervision during construction of the proposed improvement. (4) To retain jurisdiction of the completed improvement unless specified otherwise by addendum (addendum should be accompanied by a location map). If the improvement location is currently under road district jurisdiction, an addendum is required. (5) To maintain or cause to be maintained, in a manner satisfactory to the STATE and FHWA, the completed improvement, or that portion of the completed improvement within its jurisdiction as established by addendum referred to in item 4 above. (6) To comply with all applicable Executive Orders and Federal Highway Acts pursuant to the Equal Employment Opportunity and Nondiscrimination Regulations required by the U.S. Department of Transportation. (7) To maintain, for a minimum of 3 years after the completion of the contract, adequate books, records and supporting documents to verify the amounts, recipients and uses of all disbursements of funds passing in conjunction with the contract; the contract and all books, records and supporting documents related to the contract shall be available for review and audit by the Auditor General and the department; and the LA agrees to cooperate fully with any audit conducted by the Auditor General and the department; and to provide full access to all relevant materials. Failure to maintain the books, records and supporting documents required by this section shall establish a presumption in favor of the STATE for the recovery of any funds paid by the STATE under the contract for which adequate books, records and supporting documentation are not available to support their purported disbursement. (8) To provide if required, for the improvement of any railroad -highway grade crossing and rail crossing protection within the limits of the proposed improvement; (9) To comply with Federal requirements or possibly lose (partial or total) Federal participation as determined by the FHWA; (10) (State Contracts Only) That the method of payment designated on page one will be as follows: Method A - Lump Sum Payment. Upon award of the contract for this improvement, the LA will pay to the STATE, in lump su� an amount equal to 95% of the LA's estimated obligation incurred under this Agreement, and will pay to the STA the remainder of the LA's obligation (including any nonparticipating costs) in a lump sum, upon completion of the project based upon final costs. Method B - Monthly Payments. Upon award of the contract for this improvement, the LA will pay to the STATE, a specified amount each month for an estimated period of months, or until 95% of the LA's estimated obligation under the provisions of the Agreement has been paid, and will pay to the STATE the remainder of the LA's obligation (including any nonparticipating costs) in a lump sum, upon completion of the project based upon final costs. Method C - Progress Payments. Upon receipt of the contractor's first and subsequent progressive bills for this improvement, the LA will pay to the STATE, an amount equal to the LA's share of the construction cost divided by the estimated total cost, multiplied by the actual payment (appropriately adjusted for nonparticipating costs) made to the contractor until the entire obligation incurred under this Agreement has been paid. (11) (Day Labor or Local Contracts) To provide or cause to be provided all of the initial funding, equipment, labor, material and services necessary to construct the complete project. (12) (Preliminary Engineering) In the event that right-of-way acquisition for, or actual construction of the project for which this preliminary engineering is undertaken with Federal participation is not started by the close of the tenth fiscal year following the fiscal year in which this agreement is executed, the LA will repay the STATE any Federal funds received under the terms of this Agreement. (13) (Right -of -Way Acquisition) In the event that the actual construction of the project on this right-of-way is not undertaken by the close of the twentieth fiscal year following the fiscal year in which this Agreement is executed, the LA will repay the STATE any Federal Funds received under the terms of this Agreement. (14) (Railroad Related Work Only) The estimates and general layout plans for at -grade crossing improvements should be forwarded to the Rail Safety and Project Engineer, Room 204, Illinois Department of Transportation, 2300 South Dirksen Parkway, Springfield, Illinois, 62764. Approval of the estimates and general layout plans should be obtained prior to the commencement of railroad related work. All railroad related work is also subject to approval be the Illinois Commerce Commission (ICC). Final inspection railroad related work should be coordinated through appropriate IDOT District Bureau of Local Roads and Streets office. Plans and preemption times for signal related work that will be interconnected with traffic signals shall be submitted to the ICC for review and approval prior to the commencement of work. Signal related work involving interconnects with state maintained traffic signals should also be coordinated with the IDOT's District Bureau of Operations. The LA is responsible for the payment of the railroad related expenses in accordance with the LA/railroad agreement prior to requesting reimbursement from IDOT. Requests for reimbursement should be sent to the appropriate IDOT District Bureau of Local Roads and Streets office. Page 2 of 4 BLR 05310 (Rev. 2/06) Printed on 6/15/2007 10:08:16 AM EXHIBIT A Engineer's Payment Estimates in accordance with the Division of Cost on page one. (15) And certifies to the best of its knowledge and belief its officials: (a) are not presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from covered transactions by any Federal department or agency; • (b) have not within a three-year period preceding this Agreement been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain or performing a public (Federal, State or local) transaction or contract under a, public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements receiving stolen property; (c) are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State, local) with commission of any of the offenses enumerated in item (b) of this certification; and (d) have not within a three-year period preceding the Agreement had one or more public transactions (Federal, State, local) terminated for cause or default. (16) To include the certifications, listed in item 15 above and all other certifications required by State statutes, in every contract, including procurement of materials and leases of equipment. (17) (State Contracts) That execution of this agreement constitutes the LA's concurrence in the award of the construction contract to the responsible low bidder as determined by the STATE. (18) That for agreements exceeding $100,000 in federal funds, execution of this Agreement constitutes the LA's certification that: (a) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress or any employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any cooperative agreement, and the extension, continuation, renewal, amendment or modification of any Federal contract, grant, loan or cooperative agreement. (b) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress or an employee of a Member of Congress, in connection with this Federal contract, grant, loan or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying", in accordance with its instructions. (c) The LA shall require that the language of this certification be included in the award documents for all subawards at all ties (including subcontracts, subgrants and contracts under grants, loans and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. 9) To regulate parking and traffic in accordance with the approved project report. (20) To regulate encroachments on public right-of-way in accordance with current Illinois Compiled Statutes. (21) To regulate the discharge of sanitary sewage into any storm water drainage system constructed with this improvement in accordance with current Illinois Compiled Statutes. (22) That the LA may invoice the STATE monthly for the FHWA and/or STATE share: of the costs incurred for this phase of the improvement. The LA will submit supporting documentation with each request for reimbursement from the STATE. Supporting documentation is defined as verification of payment, certified time sheets, vendor invoices, vendor receipts, and other documentation supporting the requested reimbursement amount. (23) To complete this phase of the project within three years from the date this agreement is approved by the STATE if this portion of the project described in the Project Description does not exceed $1,000,000 (five years if the project costs exceed $1,000,000). (24) Upon completion of this phase of the improvement, the LA will submit to the STATE a complete and detailed final invoice with all applicable supporting supporting documentation of all incurred costs, less previous payments, no later than one year from the date of completion of this phase of the improvement. If a final invoice is not received within one year of completion of this phase of the improvement, the most recent invoice may be considered the final invoice and the obligation of the funds closed. THE STATE AGREES: (1) To provide such guidance, assistance and supervision and to monitor and perform audits to the extent necessary to assure validity of the LA's certification of compliance with Titles II and III requirements. (2) (State Contracts) To receive bids for the construction of the proposed improvement when the plans have been approved by the STATE (and FHWA, if required) and to award a contract for construction of the proposed improvement, after receipt of a satisfactory bid. (Day Labor) To authorize the LA to proceed with the construction of the improvement when Agreed Unit Prices are approved and 16 to reimburse the LA for that portion of the cost payable from Federal and/or State funds based on the Agreed Unit Prices and Engineer's Payment Estimates in accordance with the Division of Cost on page one. Page 3 of 4 BLR 05310 (Rev. 2/06) Printed on 6/15/2007 10:08:16 AM EXHIBIT A (4) (Local Contracts) That for agreements with Federal and/or State funds in engineering, right-of-way, utility work and/or construction work: (a) To reimburse the LA for the Federal and/or State share on the basis of periodic billings, provided said billings contain sufficient cost information and show evidence of payment by the LA. (b) To provide independent assurance sampling, to furnish off -site material inspection and testing at sources normally visited• STATE inspectors of steel, cement, aggregate, structural steel and other materials customarily tested by the STATE. IT IS MUTUALLY AGREED: (1) That this Agreement and the covenants contained herein shall become null and void in the event that the FHWA does not approve the proposed improvement for Federal -aid participation or the contract covering the construction work contemplated herein is not awarded within three years of the date of execution of this Agreement. (2) This Agreement shall be binding upon the parties, their successors and assigns. (3) For contracts awarded by the LA, the LA shall not discriminate on the basis of race, color, national origin or sex in the award and performance of any USDOT — assisted contract or in the administration of its DBE program or the requirements of 49 CFR part 26. The LA shall take all necessary and reasonable steps under 49 CFR part 26 to ensure nondiscrimination in the award and administration of USDOT — assisted contracts. The LA's DBE program, as required by 49 CFR part 26 and as approved by USDOT, is incorporated by reference in this Agreement. Upon notification to the recipient of its failure to carry out its approved program, the department may impose sanctions as provided for under part 26 and may, in appropriate cases, refer the matter for enforcement under 18 U.S.C. 1001 and/or the Program Fraud Civil Remedies Act of 1986 (31 U.S.C. 3801 et seq.). In the absence of a USDOT — approved LA DBE Program or on State awarded contracts, this Agreement shall be administered under the provisions of the STATE's USDOT approved Disadvantaged Business Enterprise Program. (4) In cases where the STATE is reimbursing the LA, obligations of the STATE shall cease immediately without penalty or further payment being required if, in any fiscal year, the Illinois General Assembly or applicable Federal Funding source fails to appropriate or otherwise make available funds for the work contemplated herein. (5) All projects for the construction of fixed works which are financed in whole or in part with funds provided by this Agreement and/or amendment shall be subject to the Prevailing Wage Act (820 ILCS 130/0.01 et seg.) unless the provisions of that Act exempt its application. ADDENDA • Additional information and/or stipulations are hereby attached and identified below as being a part of this Agreement. Number 1 Location Mao. Addendum #1 Location Map (Insert addendum numbers and titles as applicable) The LA further agrees, as a condition of payment, that it accepts and will comply with the applicable provisions set forth in this Agreement and all addenda indicated above. APPROVED APPROVED Name Julia Carroll Title City Manager County Board Chairperson/MayorNillage Presidentletc. Signature Date TIN Number 36-6005870 NOTE: If signature is by an APPOINTED official, a resolution authorizing said appointed official to execute this agreement is required. State of Illinois Department of Transportation Milton R. Sees, Acting Secretary Date Milton R. Sees, Director of Highways/Chief Engineer Ellen Schanzle-Haskins, Chief Counsel • Ann L.. Schneider, Director of Finance and Administration Page 4 of 4 Printed on 6/15/2007 10:08:16 AM BLR 05310 (Rev. 2/06) • 6I22/07 34-R-07 A RESOLUTION Relating to Prevailing Wages For Public Works Projects WHEREAS, the State of Illinois has enacted "an Act regulating wages of laborers, mechanics, and other workmen employed in any public works by the State, County, City, or any public body or any political subdivision or by anyone under contract for public works", approved June 26, 1941, as amended, Chapter 820, Sections 130/1 through 130/12 of the Illinois Compiled Statutes; and WHEREAS, the aforesaid Act requires that municipalities ascertain the prevailing rate of wages applicable within the locality of such municipality for laborers, mechanics, 40 and workmen engaged in the construction of public works, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS AS FOLLOWS: SECTION 1: That in accordance with, and to the extent required by Chapter 820, Sections 130/1 through 130/12 of the Illinois Compiled Statutes, the general prevailing rate of wages is hereby ascertained to be the same as the prevailing rate of wages for construction work in Cook County as determined by the Illinois Department of Labor in its compilation of July 2007, a copy of which is attached hereto as Exhibit A. SECTION 2: That nothing herein contained shall be construed to apply said general prevailing rate of wages as herein ascertained to any work or employment except public • works construction of the City to the extent required and as defined by the aforesaid Act. t 34=R-07 • SECTION 3: That a copy of the Compilation, Exhibit A, attached hereto, shall be maintained and available for public inspection in the Office of the City Clerk of the City of Evanston. SECTION 4: That the City Clerk shall mail a certified copy of the Resolution to any association of employers, association of employees, or any person who has filed or who may file their names and addresses requesting a copy of any determination stating the particular rates and the particular class of workmen whose wages will be affected by such rates. SECTION 5: That the City Clerk shall file a certified copy of the Resolution with both the Secretary of State and the Department of Labor of the State of Illinois. SECTION 6: That the City Clerk shall cause to be published in a newspaper of • general circulation within the area a copy of this Resolution, and that such publication shall constitute notice that the Resolution is effective and that this is the determination of this public body. SECTION 7: That this Resolution shall be in full force and effect from and after its passage and approval in the manner provided by laves Mayor pro Tem ATTEST: Morris, City Clerk Adopted: 4,m (- 2 j , 2007 • -2- Cook County Prevailing Wagefor.July 2007 Page 1 of 7 EXHIBIT A Cook County Prevailing Wage for July 2007 • Trade Name RG -------------------- TYP C Base FRMAN *M-F>8 OSA --- OSH --- H/W ----- Pensn ----- Vac ----- Trng ----- -- -------------------- -- ASBESTOS ABT-GEN --- --- ALL - - ------ ------ 33.150 ------ ------ 33.650 ----- ----- 1.5 --- 1.5 --- 2.0 ----- 7.970 ----- 5.680 ----- 0.000 ----- 0.220 ASBESTOS ABT-MEC BLD 23.300 24.800 1.5 1.5 2.0 7.860 4.910 0.000 0.000 BOILERMAKER BLD 38.540 42.000 2.0 2.0 2.0 6.720 7.440 0.000 0.300 BRICK MASON BLD 34.850 38.340 1.5 1.5 2.0 7.050 7.870 0.000 0.380 CARPENTER ALL 36.520 38.520 1.5 1.5 2.0 7.960 5.910 0.000 0.490 CEMENT MASON ALL 39.850 41.850 2.0 1.5 2.0 7.490 6.520 0.000 0.170 CERAMIC TILE FNSHER BLD 28.520 0.000 2.0 1.5 2.0 5.650 5.750 0.000 0.330 COMM. ELECT. BLD 33.940 36.440 1.5 1.5 2.0 7.200 5.590 0.000 0.700 ELECTRIC PWR EQMT OP ALL 36.050 42.000 1.5 1.5 2.0 7.870 9.730 0.000 0.270 ELECTRIC PWR GRNDMAN ALL 28.120 42.000 1.5 1.5 2.0 6.140 7.600 0.000 0.210 ELECTRIC PWR LINEMAN ALL 36.050 42.000 1.5 1.5 2.0 7.870 9.730 0.000 0.270 ELECTRICIAN ALL 37.800 40.400 1.5 1.5 2.0 10.23 7.650 0.000 0.750 ELEVATOR CONSTRUCTOR BLD 42.045 47.300 2.0 2.0 2.0 8.275 6.060 2.520 0.550 FENCE ERECTOR ALL 26.640 30.140 1.5 1.5 2.0 7.750 5.970 0.000 0.350 GLAZIER BLD 33.000 34.500 1.5 2.0 2.0 6.740 10.15 0.000 0.600 HT/FROST INSULATOR BLD 33.300 35.050 1.5 1.5 2.0 7.860 8.610 0.000 0.310 IRON WORKER ALL 39.250 41.250 2.0 2.0 2.0 9.950 12.74 0.000 0.300 LABORER ALL 33.150 33.900 1.5 1.5 2.0 7.970 5.680 0.000 0.220 LATHER BLD 36.520 38.520 1.5 1.5 2.0 7.960 5.910 0.000 0.490 MACHINIST BLD 38.390 40.390 2.0 2.0 2.0 4.880 6.550 2.650 0.000 MARBLE FINISHERS ALL 25.750 0.000 1.5 1.5 2.0 6.070 7.020 0.000 0.580 MARBLE MASON BLD 34.850 38.340 1.5 1.5 2.0 7.050 7.870 0.000 0.490 MATERIAL TESTER 1 ALL 21.550 0.000 1.5 1.5 2.0 7.460 4.840 0.000 0.170 • MATERIALS TESTER II ALL 26.550 0.000 1.5 1.5 2.0 7.460 4.840 0.000 0.170 MILLWRIGHT ALL 36.520 38.520 1.5 1.5 2.0 7.960 5.910 0.000 0.490 OPERATING ENGINEER BLD 1 41.550 45.550 2.0 2.0 2.0 6.850 5.600 1.900 0.700 OPERATING ENGINEER BLD 2 40.250 45.550 2.0 2.0 2.0 6.850 5.600 1.900 0.700 OPERATING ENGINEER BLD 3 37.700 45.550 2.0 2.0 2.0 6.850 5.600 1.900 0.700 OPERATING ENGINEER BLD 4 35.950 45.550 2.0 2.0 2.0 6.850 5.600 1.900 0..700 OPERATING ENGINEER FLT 1 47.250 47.250 1.5 1.5 2.0 6.850 5.600 1.900 0.000 OPERATING ENGINEER FLT 2 45.750 47.250 1.5 1.5 2.0 6.850 5.600 1.900 0.000 OPERATING ENGINEER FLT 3 40.700 47.250 1.5 1.5 2.0 6.850 5.600 1.900 0.000 OPERATING ENGINEER FLT 4 33.850 47.250 1.5 1.5 2.0 6.850 5.600 1.900 0.000 OPERATING ENGINEER HWY 1 39.750 43.750 1.5 1.5 2.0 6-850 5.600 1.900 0.700 OPERATING ENGINEER HWY 2 39.200 43.750 1.5 1.5 2.0 6.850 5.600 1.900 0.700 OPERATING ENGINEER HWY 3 37.150 43.750 1.5 1.5 2.0 6.850 5.600 1.900 0.700 OPERATING ENGINEER HWY 4 35.750 43.750 1.5 1.5 2.0 6.850 5.600 1.900 0.700 OPERATING ENGINEER HWY 5 34.550 43.750 1.5 1.5 2.0 6.850 5.600 1.900 0.700 ORNAMNTL IRON WORKER ALL 37.350 39.600 2.0 2.0 2.0 7.750 11.58 0.000 0.500 PAINTER ALL 35.400 39.820 1.5 1.5 1.5 6.550 7.400 0.000 0.420 PAINTER SIGNS BLD 28.970 32.520 1.5 1.5 1.5 2.600 2.310 0.000 0.000 PILEDRIVER ALL 36.520 38.520 1.5 1.5 2.0 7.960 5.910 0.000 0.490 PIPEFITTER BLD 40.000 42.000 1.5 1.5 2.0 8.660 7.550 0.000 1.120 PLASTERER BLD 33.850 35.35C 1.5 1.5 2.0 6.740 7.100 0.000 0.400 PLUMBER BLD 39.700 41.70C 1.5 1.5 2.0 8.170 4.560 0.000 0.940 ROOFER BLD 33.650 35.650 1.5 1.5 2.0 6.460 3.310 0.000 0.330 SHEETMETAL WORKER BLD 33.400 36.070 1.5 1.5 2.0 6.460 7.850 0.000 0.590 SIGN HANGER BLD 25.340 26.190 1.5 1.5 2.0 4.180 2.250 0.000 0.000 • SPRINKLER FITTER BLD 40.500 42.500 1.5 1.5 2.0 8.500 6.850 0.000 0.500 STEEL ERECTOR ALL 36.250 37.750 2.0 2.0 2.0 8.970 10.77 0.000 0.300 STONE MASON BLD 33.250 36.580 1.5 1.5 2.0 6.450 7.020 0.000 0.440 TERRAZZO FINISHER BLD 29.290 0.000 1.5 1.5 2.0 5.650 6.940 0.000 0.270 TERRAZZO MASON BLD 33.650 36.650 1.5 1.5 2.0 5.650 8.610 0.000 0.300 TILE MASON BLD 34.600 38.600 2.0 1.5 2.0 5.650 7.000 0.000 0.460 Cook County Prevailing Wage for July 2007 Page 3 of 7 surface, stair treads, promenade roofs, walls, walls, ceilings, swimming pools, and all other places where tile is to form a finished • interior or exterior. The mixing of all setting mortars including but not limited to thin -set mortars, epoxies, wall mud, and any other sand and cement mixtures or adhesives when used in the preparation, installation, repair, or maintenance of tile and/or similar materials. The handling and unloading of all sand, cement, lime, tile, fixtures, equipment, adhesives, or any other materials to be used in the preparation, installation, repair, or maintenance of tile and/or similar materials. Ceramic Tile Finishers shall fill all joints and voids regardless of method on all tile work, particularly and especially after installation of said tile work. Application of any and all protective coverings to all types of tile installations including, but not be limited to, all soap compounds, paper products, tapes, and all polyethylene coverings, plywood, masonite, cardboard, and any new type of products that may be used to protect tile installations, Blastrac equipment, and all floor scarifying equipment used in preparing floors to receive tile. The clean up and removal of all waste and materials. All demolition of existing tile floors and walls to be re -tiled. COMMUNICATIONS ELECTRICIAN - Installation, operation, inspection, maintenance, repair and service of radio, television, recording, voice sound vision production and reproduction, telephone and telephone interconnect, facsimile, data apparatus, coaxial, fibre optic and wireless equipment, appliances and systems used for the transmission and reception of signals of any nature, business, domestic, commercial, education, entertainment, and residential purposes, • including but not limited to, communication and telephone, electronic and sound equipment, fibre optic and data communication systems, and the performance of any task directly related to such installation or service whether at new or existing sites, such tasks to include the placing of wire and cable and electrical power conduit or other raceway work within the equipment room and pulling wire and/or cable through conduit and the installation of any incidental conduit, such that the employees covered hereby can complete any job in full. MARBLE FINISHER Loading and unloading trucks, distribution of all materials (all stone, sand, etc.), stocking of floors with material, performing all rigging for heavy work, the handling of all mateiral that may be needed for the installation of such materials, building of scaffolding, polishing if needed, patching, waxing of material if damaged, pointing up, caulking, grouting and cleaning of marble, holding water on diamond or Carborundum blade or saw for setters cutting, use of tub saw or any other saw needed for preparation of material, drilling of holes for wires that anchor material set by setters, mixing up of molding plaster for installation of material, mixing up thin set for the installation of material, mixing up of sand to cement for the installatin of material and such other work as may be required in helping a Marble Setter in the handling of all material in the erection or installation of interior marble, slate, • travertine, art marble, serpentine, alberene stone, blue stone, granite and other stones (meaning as to stone any foreign or domestic materials as are specified and used in building interiors and experiors and customarily known as stone in the trade), carrara, sanionyx, vitrolite and similar opaque glass and the laying of all marble tile, terrazzo tile, slate tile and precast tile, steps, risers Cook County Prevailing Wage for July 2007 Page 5 of 7 • Class 4. Bobcats and/or other Skid Steer Loaders; Oilers; and Brick Forklift, OPERATING ENGINEEPS - FLOATING Class 1. Craft foreman (Master Mechanic), diver/wet tender, engineer (hydraulic dredge). Class 2. Crane/backhoe operator, mechanic/welder, assistant engineer (hydraulic dredge), leverman (hydraulic dredge), and diver tender. Class 3. Deck equipment operator (machineryman), maintenance of crane (over 50 ton capacity) or backhoe (96,000 pounds or more), tug/launch operator, loader, dozer and like equipment on barge, breakwater wall, slip/dock or scow, deck machinery, etc. Class 4. Deck equipment operator machineryman/fireman), (4 equipment units or more) and crane maintenance 50 ton capacity and under or backhoe weighing 96,000 pounds or less, assistant tug operator. OPERATING ENGINEERS - HEAVY AND HIGHWAY CONSTRUCTION Class 1. Craft Foreman; Asphalt Plant; Asphalt Heater and Planer Combination; Asphalt Heater Scarfire; Asphalt Spreader; Autograder/GOMACO or other similar type machines; A BG Paver; Backhoes • with Caisson attachment; Ballast Regulator; Belt Loader; Caisson Rigs; -Car Dumper; Central Redi-Mix Plant; Combination Backhoe Front Endloader Machine, (1 cu. yd. Backhoe Bucket or over or with attachments); Concrete Breaker (Truck Mounted): Concrete Conveyor; Concrete Paver over 27E cu. ft.; Concrete Placer; Concrete Tube Float; Cranes, all attachments; Cranes, Hammerhead, Linden, Peco & Machines of a like nature; Crete Crane; Crusher, Stone, etc.; Derricks, All; Derrick Boats; Derricks, Traveling; Dowell machine with Air Compressor; Dredges; Field Mechanic -Welder; Formless Curb and Gutter Machine; Gradall and Machines of a like nature; Grader, Elevating; Grader, Motor Grader, Motor Patrol, Auto Patrol, Form Grader, Pull Grader, Subgrader; Guard Rail Post Driver Mounted; Hoists, One, Two and Three Drum; Hydraulic Backhoes; Backhoes with shear attachments; Mucking Machine; Pile Drivers.and Skid Rig; Pre -Stress Machine; Pump Cretes Dual Ram; Rock Drill - Crawler or Skid Rig; Rock Drill - Truck Mounted; Roto Mill Grinder; Slip -Form Paver; Soil Test Drill Rig (Truck Mounted); Straddle Buggies; Hydraulic Telescoping Form _(Tunnel); Tractor Drawn Belt Loader (with attached pusher - two engineers); Tractor with Boom; Tractaire with Attachments; Trenching Machine; Truck Mounted Concrete Pump with Boom; Raised or Blind Hole; Drills (Tunnel Shaft); Underground Boring and/or Mining Machines; Wheel Excavator; Widener (APSCO). Class 2. Batch Plant; Bituminous Mixer; Boiler and Throttle Valve; Bulldozers; Car Loader Trailing Conveyors; Combination Backhoe Front • Endloader Machine (less than 1 cu. yd. Backhoe Bucket or over or with attachments); Compressor and Throttle Valve; Compressor, Common Receiver (3); Concrete Breaker or Hydro Hammer; Concrete Grinding Machine; Concrete Mixer or Paver 7S Series to and including 27 cu. ft.; Concrete Spreader; Concrete Curing Machine, Burlap Machine, Belting Machine and Sealing Machine; Concrete Wheel Saw; Conveyor Muck Cars (Haglund or Similar Type); Drills, All; Finishing Machine - Cook County Prevailing Wage for July 2007 Page 7 of 7 t, turnapulls when pulling other than self -.loading equipment or similar equipment over 16 cubic yards; Explosives and/or Fission Material • Trucks; Mixer Trucks 7 yards or over; Mobile Cranes while in transit; Oil Distributors, 1-man operation; Pole Trailer, over 40 feet; Pole and Expandable Trailers hauling material over 50 feet long; Slurry trucks, 1-man operation; Winch trucks, 3 axles or more; Mechanic --Truck Welder and Truck Painter. Class 4. Six axle trucks; Dual-purpose vehicles, such as mounted crane trucks with hoist and accessories; Foreman; Master Mechanic; Self -loading equipment like P.B. and trucks with scoops on the front. Other Classifications of Work: For definitions of classifications not otherwise set out, the Department generally has on file such definitions which are available. If a task to be performed is not subject to one of the classifications of pay set out, the Department will upon being contacted state which neighboring county has such a classification and provide such rate, such rate being deemed to exist by reference in this document. If no neighboring county rate applies to the task, the Department shall undertake a special determination, such special determination being then deemed to have existed under this determination. If a project requires these, or any classification not listed, please contact IDOL at 618/993-7271 for wage rates or clarifications. LANDSCAPING • Landscaping work falls under the existing classifications for laborer, operating engineer and truck driver. The work performed by landscape plantsman and landscape laborer is covered by the existing classification of laborer. The work performed by landscape operators (regardless of equipment used or its size) is covered by the classifications of operating engineer. The work performed by landscape truck drivers (regardless of size of truck driven) is covered by the classifications of truck driver. • 6/26/2007 35-R-07 A RESOLUTION Approving the Proposed Fiscal Year 2008-2013 Capital Improvement Program of the City of Evanston WHEREAS, the City Manager has submitted the proposed Fiscal Year 2008-2013 Capital Improvement Program; and WHEREAS, the City Council has reviewed the 2008-2009 through 2012-2013 Capital Improvement Program in the total amount of two hundred seventy-seven million, seven hundred two thousand, seventy-four dollars ($277,702,074.00), which includes a 2008-2009 Capital Budget in the amount of twenty-four million, nine hundred eighty-two thousand, seventy-four dollars • ($24,982,074.00). NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS: SECTION 1: That the City of Evanston's 2008-2013 Capital Improvement Program is hereby adopted, and the City Manager is directed to implement the 2008-2009 Capital Budget in the amount of twenty-four million, nine hundred eighty-two thousand, seventy-four dollars ($24,982,074.00). SECTION 2: That the foregoing recitals are hereby found as fact and made a part hereof. 0 35-R-07 SECTION- 3: That this Resolution shall be in full force and effect • from and after the date of its passage and approval in the manner provided by law. Lorraine H. Morton, Mayor Attest: 11"WF, ftvot't":� Mary"& k City Clerk Adopted: , 2007 • —2— • 39-R-07 6/26/2007 • • A RESOLUTION Authorizing the City Manager to Enter into a Lease Agreement with Bob and Marcy Brower for Lease of Studio #109 in the (Noyes Cultural Arts Center BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS: SECTION 1: That the City Manager is hereby authorized and directed to sign, and the City Clerk hereby authorized and directed to attest on behalf of the City, of Evanston, a lease between Bob and Marcy Brower for lease of Studio #109 in the Noyes Cultural Arts Center. Such Lease shall be in substantial conformity with the Lease marked as Exhibit 1 attached hereto and incorporated herein by reference. SECTION 2: That the City Manager is hereby authorized and directed to negotiate any additional terms and conditions of the lease as may be determined to be in the best interest of the City. SECTION 3: That this Resolution shall be in full force and effect from and after the date of its passage and approval in the manner provided by law. Attest: Mary City Clerk Adopted:rA 12007 r LoMrton, Mayor •• ' 1M EXHIBIT 1 • Noyes Cultural Arts Center Lease Agreement 0 0 �2� EXHIBIT i • NOYES CULTURAL ARTS CENTER L E A S E LESSOR: City of Evanston 2100 Ridge Avenue Evanston, IL. 60201 LESSEE: Marcy & Bob Brower 800 Elgin Rd Evanston, IL. 60201 (847)491-0640(H) DATE. OF LEASE See below BEGINNING & 3/1!05 BEGI:NT-NG & 3/11.'G6 � ENDING OF ENDING OF LEASE TERM 1 2/28/06 LEASE TERM 2 2/28/G7 SUDIO SPACE 1.09 SQUARE FEET 220.8 SQUARE FEET RITE TN/A LEASED ! CURREJ,r DEPOSIT SEC. DEPOSIT ADJ'usumENT N/A NON RESIDENT SURCHARGE !1 COMMUNITY SERVICE N/A MONTHLY RENT N/A MON11MY RENT L3ASE NOT TO 3/2105-2128/06 LEASE TERM I TERM 2 EXCEED 10 3/l/05-2/28/06 3/l/06-2/28/07 I • DATE OF LEASE See below BEGINNING 3 1 06 BEGINNING G 3/l/07 & / / ENDING OF ENDING OF LEASE TERM 2 2/28/07 LEASE TERM 3 2/28/08 STUDIO SPACE 109 SQUARE FEET 220,8 SQUARE FEET RATE N/A LEASED CURRENT DEPOSIT N/A SEC. DEPOSIT ADJUSTMENT N/A NON RESIDENT SURCHARGE W/A COMMUNITY SERVICE N/A MONTIHLY RENT N/A MONTHLY RE1.'T LEASE NOT TO 3/1/06-2/28/07 LEASE TERM 2 TERM 3 EXCEED 10: j 3/1/06-2/28/07 3/1/07-2/29/08 I DATE OF LEASE 8/1/07 BEGINNING & 3r- 1/ 07 ENDING OF LEASE TERM 3 2/29/08 i STUDIO SPACE 109 SQUARE FEET 220.8 SQUARE FEET FATE $12.33 I LEASED j CURREIrr DEPOSIT -0- SEC. DEPOSIT ADJUSTMENT $226.87 NON R.ESIDENI' SURCHARGE N/A COMMUNITY SERVICE $238,21 I MONTHLY RENT $226,87 MONTHLY RENT BEGINNING TO BE 3/l/07-2/29/08 LEASE TERM 3 3/l/08 NEGOTIATED 3 /1/07: 2/29/08 LESSEE • DATE 0 7 7 7. on c '-e terms of :h s _ea_.._, Lessor S:;rees 'R EEFFORE TFE OF EACH MCNTH, at the e Ce of :)-.e Neves cultural Arts Center, (NCAC) 927 =-!a 7 S n I ; Ev a n s t c. n Re c r E- a u . c,.) 6 '1 2 C', or a t t�e D e :D E _..ma-_%,anstcn Civ;c Center, 2 1 C 0 Ridge Avenge E v P n s t c, n , s for an cot -'on to renew for a second and o:,e- e term,s ruin. (3 1 / G 5 through 2128/06 ana respectively -r- gh 2 /2 B 3 7 t. e hroijgh 2/28/0 Th rent fcr each --e-- -forth acove. !L11 lease provisions shall remain the same, - t exce-c_ t aI F=PI -cah,--le new legislation shall be incorporated by rerequirements . =�ernae; t: Service between Lessee and Lessor -;e rerecc-_iaze_-; 3) the rent shall increase by an amount to be dez,eimined safely by Lessor, but not to exceed ter. percent (10t) of the vrev_.^-_-s v�-F.'s mo-th1v rent, a n _-; 4 ) Lessor reserves the richt to revise- Lessee's _ns-,,rance reqq,_,iiements as to type(s) of coverages and amo;:nzs. riaces at the NCAC are leased at belcw market rates " Z) r C,.D M P a Y ab I e st= Ce Prior to exec-ution of this Lease-, and w-It-In 10 �_ays cf ---e first month of any beqinninc term of this Lease, all Luessees must prov_`6e Lessor with a copy of their: 1L AC-900-1-7 - IIIIi-ciS C-ar'itah*le Crcanization Ar.nual Report (if nor -for -profit) or e_6 e r Ta>. Return, 1040 Sc,edi;le C, 1120(s) or 106S (if for 7C,rc, -az) • C. e :,essee is _':ahle for a -'-I lease fees, including any late fees or ees for a,5-_Itional services, and for any damage, upkeep or losses to tI.e NC-C or eoolp-m-ent ca,_,sed by Lesseels invitees or a sea or to Lessee or its agents during the lease per_ llod:.tional fees include but are not limited to: parking fees, overt -me, fees, and other accrued charges. Lessor may till other c-2_rges separately. See Appendix D. 2. LATE CE!-_FG-'7_S. Late fees will be assessed for rent and all other invoiced ctaroes in the amount of aO% of the invoice or $50.00 ichever -5 greater. Late fees only apply if the administrative office of the NCAC or the END receives payment A.FTEER S:DOPM on the fifth _`av of each rronzh for rent andjcr if payment is received after �z:DOPM on the due date as specified or the invoice for all ,_'ter charges. invoiced charges may also be pla Ce-' in the rent drop box slot located vi-fi on the bottom portion of the door of t: e NCAC admiiristra:ive office (rocm 100) by 5:00 p.m. on the due date specified on the � _..voice. See Appendix D her "Other Costs.,, Assessed into fees nc: paid '-,v the due dare specif-4ed on the be do',:'_-Ie :he amounr_ on the next b-i22--ng cycle. 3. MOVING. : f 1-essor rem u,_ res vacation of t h e L e a sea ?remises a n6 reloCp t 4 3:% the NC.-C, ar. e7,-.erc;encv, LeSscr ,.-Ill c:.-,-e 1,60) devs Wr_-:::en notice. T-e Lessor arranqe and bear �he cc.st of, mctv_,ng lessee's contents an el S a c (�Mpar a e �za ce c cm, P a r at I a r-, e n - t - es v. .. t..... .. ..._ .�c;. c 74 a ccmparab'_e cpace -'s n_ Fvaab_e or LESSEE D. :\ T E I • _f %.esseer sublessee does :'lot accew_ z.. s _a ce ..... _. _ __ _ -- Lessee/Sublessee w-1-1l vacate t ie Lease.6 Premises ::L C.. _. _ day notice period. If _esSee fails to •laCa-e by _.-e -`- W..riting from Lessor, Lessee l.'_l_ _1e h a Y cC d a S_.. _'10 1z e. �. Fee or a da;.'v storage fee base) t....^.er ,. r», c ., ._. ._ .. .. .: _-.: ... space w—ichever is greater. 4. CO'IDITION AND UPi:EEP OF LEASED PREMISES. Premises' ,.=ans leased and any other portions) of the ?NCAC used -1-,v Le'"_ _ _ the terms of this lease. Lessee has exam_-ne:d and knows ..:: of said _ remises and has received the ssm:e in gocd .._ der a- _ _ __ _ , and ackno'.h'lecges that no represent& t}ons to t-'e C7nui t_ .. r; thereof have been made by the Lessor or _.is agent prior _. __ at execution of this lease that are not herein expressed nr encci,SE_Q hereon. The Lessee's taking possession shall be ._..-ce a_, ac,ainst the Lessee that. the Lease, Premises :sere in cc=DZ __ _- satisfactory Condition when the Lessee took possess_ G:J exce : w list of items to be coT.pleted or repaired sic_ned by _,e sc ynd _eS __ prior to Lessee's occupancy. No promJsse of the ._esscr tt% alter, remodel, decorate, clean or improve the Leased Premises cr the KC -LC no representation respecting the Con ition of the .ease, __..,_Yes the NCAC have been made by the Lessor to the Lessee, _.._ s ,..... c _t contained herein, or made a part hereof. 5. CAPE, 1V_k_7JTENr1JCE AIM CUSTODIIL SERVICES. The Lessee s al.l, - t::e • Lessee's own expense, keep the _-eased Premises i.n goo,A. cnd `.Vt.;. S^all. pay for the repair of anv dar:aCes CauEe_C h': ' e Let e agents, employees or invitees. The Lessee s-a_1 i. eC -ne y.�.. ... Premises in C'_'ccTl CCnQition and Dres,eT'.tah1e tG _^E }„_C _ra :-ecFL- n small pay the Lessor for o`:ertime drd for anv ot.___ expe::ae _.._..lred _.. the event that repai__, alterations, decorating or other n..rk n t'ne Leased Premises are not made crd_nary h,;siness ..__rs Lessee's reauest.. Lessee wi_1 keet; said premises, __cludina all ,.all , _',r-4ates and appurtenances, in good repair. At no _i*ne shall 'es -see mcve, rerr,o• e-, handle, injure, or disturb any property r.ot theirs on or in the _eased premises. Lessee shall be responsible rep'__=, damages and Tosses for damages sl:stained outside the .:eased premises ctt_ i. ^l:table t0 lessee's activities, or invitees. All damage ,.,:st _e repCr:et I writing to the Jirecto= of Parks/Fcres_t_ry G Recreation c: desi_nee by tie next City bL=_ir.ess day. Repairs by Lessee must have prier t:ritten approval ;,v the Director of Par:s F:)restr,% & Recreat:on or cesagnee and :?lust occur within thirty ('_C) days cf s_ch at::=%a'_ w.__ess the Director of ?arks/Fore=_try & Recreaticn or designee - :es a _`_or writter recUest or grants approval for an extension bevcnd the thi_ _ 130) days. if Lessee fails to maize the necessary repa'_rs by the ,ate determined by Lessor, Lessor has the ortfon :o msk= the .^.ECessar-, Le ier,airs and esse `agrees to promptly '� _ pay fC_ those rendition of En a..voiceb`,' Lessor. Lessor „gay terminate :..essee's failure to ILak:e the .._Ces-z=ry =_rs _ne d...__St._.. Lessees are _required .. lease term'__.=.._.... to 1_tre` stcC_ zhe same C_ better condit.vn than at beg_nn_. o of :east. Ncr a ea_ ..ea_ • excented. See i-_D� .,.._x C LESSEE DATE • r,CCOMO ZTIOAS, IjNF�rn'M_'3LES, WATER. a. leis the Wesson c .-•es prior written consent in each and every instance, The 1,e=_see s^all not install or operate any steam or internal comI.b scion enc"ne, boiler, machinery, refrigerating or heating de -,ice or alr- condition;na ann-ar atus in or abo:at the Leased Premises or carry on any mechanical business therein, or use the ceased Premises for housing accommodations or lodging or s_eeairg purposes, or do any cooking herein or install or permit the 'installation of any vending machines, or use any illumination other than electric light, or use or perr,it to be brought into the NCAC any inflammable oils or fluids such as gasoline, kerosene, naphtha and benzene, or any explosive or cther a___cles hazardo,.s to persons or property. b. T'-e Lessee shall not waste water by tying, wedging or of er,,rise fastening open, any faucet. c. The Lessee shall not install in the Leased Premises any equipment which •,;ses a substantial amo•,:nt of electricity without the prior written consent of the :..essor. 7. ALTERATIONS. The Lessee shall not do any painting or decorating, or erect any partitions, make any alterations in or additions to the Leased Premises or the Noyes Cultural Arts Center, or do any naming, boring or screwing into the ceilings, wails or floors, without the Lessor's prior writter_ consent in each and every instance. Unless otherwise agreed by Lessor and Lessee in writing, all such work shall be performed either by or under the direction of the Lessor, but at the cost of Lessee. The Lessee shall furnish the following to the Lessor for approval before • commencement of the work or delivery of any materials onto the Leased Premises or into to Noyes Cultural Arts Centers a) plans and specifications; b) names and addresses of contractors; c) copies of contracts; d) necessary permits including, but not limited to, electrical; e) indemnification in form and amo.:nt satisfactory to Lessor and certificates of insurance from all contractors performing labor or furnishing materials, insuring against any and all claims, costs, damages, liabilities and expenses which may arise in connection with the alterations or additions and naming Lessor as an additional insured. The Lessor's decision to refuse or approve such consent shall be conclusive. M et:;er the Lessee furnishes the Lessor the foregoing or not, the Lessee hereby agrees to hold. the Lessor and its respective agents and employees harmless from any and all liabilities of every kind and description which may arise out of or be connected in any way with said aiterat'_or.s or additions. Any mechanic's lien filed against the Leased Premises, or the NCAC of which the same form a part, for '.Fork claimed to have been furnished to the Lessee shall be discharged of recor,. by the Lessee with_.. ter. ,10) days thereafter, at the Lessee's expense. Upon completing any alterations or additions or at the request cf the Lessor, the Lessee shall furnish the Lesscr with contractors, aff_�day.-rs and full and f_nai waivers of_ier, and use, nil alterations and additions shall comply with all insurance requiremen_s a: with all ordinances, reaulat_cns, laws and ether is r. rements of any pert_enz oc•.,,e:..--enta3 authority. A' _ a:terat_cn_ LESSEE DA` T .4 0 and aNitions shaN be c=ns:r==ed in good grades c- ma:Erials shall 2e -sed- All additions, decara:izns, ?Mrsvr a 11 improvenoncs, zempzrary Cm perm7eno -, :-. -� 7- 7 Premises, whether placed .her --.v c?ie '--ssce cy by zns lesscr. �al: unless the Lessor requests Aeir remcvai , �e7- o7e rne L5sswr's and shall remain upon the Leased Wenses at :he zerminaz:on of 1— Lease by lapse of time or ct'nerwise E,.:c--:ance or credit to the Lessee. K, upon the Lessor s re"es" one 1ecse-- does not remove said additions, deccrazlons. ffx:"ehar&nre non - grade fixtures and improvements, the -essc;r the same Lessee shall pay the ccs: of s,-,ch remcvaa --'ne Leszcr 0 LESSEE NOT TO MISUSE, SUBLET, ASSICY, a. lessee Y72l not 02c; safd Leased Premises to be used for any rpose .,Elie_ r.nan, thFr; spec--f-ed -n Appendix A and only for Lessee's acti%Qries for o.he Leased prenive5 Lessee will not allow said ;OeVses to he Dcc,-T--_z --n --hD-_ cy L:. par - by any other person for reasons not approved in writing in a6vance 0y the Director of Parks/Forestry, & Recreation c.-.- and nc'_ assign or sublet the same nor any par: thereaf, no nnn, :ramfer. reproduce or give out keys for any door o_her -ha77 _hcs,e p--ro---�ea h-v, the Lessor without the joricr written oonsent ---f tn!z -`-`rec:cr of Parks/Forestry r- Recreatio7 cr 6esi3:�ee- !:o CZ sim:-'ar .._.Ices, other than those provided by -the Les-scr, be a---,aC'h.Cd t--) any �ocz' • b. This Lease may no: be assizned 1-:,., either par---y :-Ie priczr wrioten consent of the Ether' C. This Lease shall be cons:rued and --nterpreted -,-anz.er and accordance with !aKs of the State of and d. This Lease shall constitute the entire i=derstanding & the parties hereto, superseding any and all pric�r a;reements, ,.:het,h e r written or oral. 0. Lessee shall not co -produce, spcnscr, or co -pros,..__ additicna-- pro grams, whether or not they generate revenue. f. Lessee understands and agrees the Leased Premises are public property and that. ail acrivVies and produ, c ticns m-L:st -�e ccnsistent with this ;nVic status. Slardero,,:s, 1 - !e 1 o-.- s I obscene, -_.._awful, hazardous actions are prohibited. A-iy of this pro-vis-cn may, at the Lessor's option, be a material breach of the lease. See ,.ppendi.x C. 9- lessee shall not permit any, alteration, renDvaric-n, :nstallation, or additions to any part of Leased Prem-ses or .n the Public areas of the NCAC except by the prior written consent of the Director of Parks/Forestry & Recrea:icn or designee. The cost of a!-' such alterations and additions to said premises shall be borne by Lessee, and shall be performed i7 accordance wth a:1 ap;-i'cab2e legislaticr: and may red ire lessee to) provide :,esccr in acvance cf 5--:ch work with insuran-e :,n type, form an! amount san"facrory to Lessor. Fixtures shall remain for the benefit of 'esscr unless Lessor determines c=herwlse prior to i=taKa::=n, and natifaes Lessee in writing of said :mprovemenzs made the Lessee to the szulio are f:.xt,.:res -f they reT_re rem. -a_ and1cr replacemen: of an. ex±SZ:ng f:.x:Vre. :ns:a:lat:wns into or ;on tne foun:iat.Dn' WaKs. ceiling, f--oors and fik--ndo,:S. LESSEE DATE • 9. _?rt.1 tF.TIG-id. a. Anv party .._reto may term_nate tb.'s _'ease notice to the other party refer , s a i not_ce to be de -':erect ..._ _.. .: t::a n n,.nety (90) dal✓s LrIc,r to the first day of zn& mont., _ u_..- Cc..temc�a_ termination. See .pge::dix _. b. essor 7ay te=i^ate this Lease fcr cause. 'Casse" is a- breaC.. of t'. a ease ,. hic. In Lessor' s sole jucig.ment is ...y.,._ca. -0 1: public interest, _.,cl di Out not _imite6 toJfai__re to pay ren , pro'%ide all required insurance and indemnity performances and act:.c-.s in.^_onsistent with the put -'sic ownership of z-e Leased ?re".:ses ar.^s actions which create or may create a hazard to the public hea_'th wel-are and safet;✓. Lessor will orovide Lessee an op Jortunit'v to any de=cult. Cure period may he up to 30 days; however, a method and schedule to cure must be provided to the Director cf Farks/Fcrestry Recreation _n writing within 24 hours of Lessor's notification -o the Lessee. Lessee understands that there is no entitlement to a 1C - cure pericd. 1f Lessee has, in. Lessor's iudcr�e.^... ,..sae• cubsta___- proaress to•,:ard effecting a complete cure, Cher: Lesser may _ -=n additional cure period, of no more than 15 days. Thereafter,'_ ..-. ,.f the cure is not effected, Lessor may terminate this Lease with 3" da'vs notice to Lessee ,;nless the "cause" is aforedescribed hazard to Public, in which case Lessor may terminate the _ease with five 151 d vs notice. c. Not',A,tt.hstanding anything to the contrary elsewhere in this docu,iment, if Lessee fails to maintain all insurance as reau.ired by this l.easc. • Lessee shall, upon written notice from Lessor., cease all eperat_ons immediately and shall have no access whatsoever to its Leased --remises. Lessor shall have no liability to Lessee for any claim cf lost ,_ofits, revenues or lost opportunities. Lessor .may, but is not oblicated _ , gi-.e Lessee an opportunity to comply with the insurance requirements of this Lease. in such event, Lessor reserves _he richt to increase required policy l:rr.its and/or to require Lessee to . urchase adciticr.al types of _- surance if doing so is _n the terests of the r.ub'__W welfare. to_' cure period Lessor gives re3ardir. insu_a-ce may be dire in increments of one business day. A:., re period given does no: obi:gate Lessor to give additional cure periodrs). Lessor shall have the option of declaring the Lessee in defa,..lt for _.._l_-re to cor..pl with the insurance recuirements of this Lease. In the event Lessee fairs to provide satisfactory evidence of insurance and Lessor has denied access, Lessee is still liable for rent of the '_,eased ?remises anal other charoes as assessed. 10. 2OIN- RENEWAL . t:otwithstand ing the prcv:sion of paragraph 1 cf _ lease, Lessor may decline to renew any lease, upon `2 days written notice to _he Lessee or sooner, in the event. _n Lesscr's sole determinat_c.., ..ersee s use creates a ^=_car. tc the bll� :ea_-• , welfare, or safety. Lessee shaI I be afforce•c the defe-cts and/cr hazards prior to ..or, -renewal or termination of lease upon written req.:est by Lessee( and with wr__. en a-croval oy t.._ �. Di red::cr _ Pa Yks/?or �s tr ✓ & Recrea�_c n .._ ldi.`..4'.._cnee, _.a.. a= Lessee'_ 4,... e>:tense. Deter . —,us: oe ____d to :e.scr sat_sf__ __.. _- tr;t ti—Me snec::iec - Lessor. Lessee s ....__.___ to Jr��Y a.••i .. and ins:.ran.ce _'Eo.:_:e: .^.ere'_^-ier _no-- be es;:,.,_., to csea_e a t_ • the Y::. y'_.. ,. ..Cast , td..__c__, a n_ safal S-J c.. _c__.._�. Sncl_ LESSEE DATE � • for Lesscr ,_. req.lre .__.E___. _: 1,3172 ___ _._:._ - ___E_. _._ __. _ .ease_ 11. CGrt.iUN17Y SS._._CE. -_cone _.. --.. :...--E a7. t _ -_;.: set for:.. in . ppen,.._.. _ . ... _ ..._:._ _._ _ , _ ._ is as . - ._... in sjante detailed on page y.ne --h-s _ ]_ 12. INSGRr13CE __..____ _ ? _ .:__ .._.. a. -- ;rnhe.,s._-. _ _ _..__ __ __a.,_1__v Pol1c}' lessee shall, luring the z7ol:e ___m .._Leo:, keep in full force and effect a _o 'e`:e'=_,'E Genera_ ._._.a_____ . _ .__ _ ._.:h respect to the leased _ e..,__e, and z___ _,..sn:z_ __ __.'___ _ the _esse= and an subtenants of the :WSW in the _..c.._._. .,...h_::h bod___ injury to this Lease. Lessee "•_'-_ _:_.tea _..___.. :.^e _.._l_wn_ -__-o.'r.`i _ provisions and such __ __..__._ ___u__ to clear_. recite_ in _r.e :.__..range Policy. Lessee covenants and agrees _ha: in _-._ .._e__ and same and keep o'.ner/less.._ forever ..c._.,.lEss and _ ..............___a... airs. and from any penalty or damages c_ charges i7pcsH for . _..at_ .. �_ at.',_Caole laws or ordinances, _._..____ _ t__ __c_ __,..__.._ cc. •_s__t._c.__ ,._ the ADD, or for any ..G__ .__ damages _. '._._... as: ._ _ _....._ .. of c_cc:dt..._..S or ocher occurrences, re2ct__ _ .,o lessee's use o.. the _eased premises ✓r the Noyes CW ter whether _.~Case_ _l by `.e"_G__ __. __s==e cr those • holding under lessee,_nd c -s=..es arising ,.., •.. _v` .rich � _V � _ _.., cr alleged to arisen ,.. cf ra�_- the The Lessee sh?.__ _ndem.n_ _ _ __..ec: and =a."e ..a_ .__ass _he . . _ :r Evans --on, its agents, officials and e -=: mes. _�_-..__ a_: _- . Luc, deaths, loss, damages, Ka✓ms, p --ents _:.aims, suits, Ccscs and expenses that may in anywise ac.,_..;e against :he 4: _,:. S 4..cC' .,_ ,.._ of this _ease co which may in anydse _..__,._ .._..._t_.xom, ,:he:he_- or not it shall be alleged cr dete_-n___e_ that the a_t y.as ca_sea through ..:e negligent act or omiss:cn or the Lessee or his, employees, if ,.._}, and the Lessee shall, at his own expense. appear, defend and pay all charges of actor_ eys and all costs and other expenses a_ _sing therefrom or incurred in cc......___cn _ erewith; and, if any s^al_ he rendered against the City in any such act. ,_,a Lessee shall, at his c%y':: eX:per.se, satisfy and discharge same. in _he event of any conVict between the ang,,.aa_e of t. e insurance policy 10 and :nlenni , y..___Cns, the indemnity provision Shall b', Ce':.__:cave of _.__,._....ce. lessee a._t any cuVessees shall furn._sh the original Certificate .._ _''__range cc _ the Direct.,_ of Parks/Forestry & Recrea__cn 1..r de ee ^..r,e Cert14_..a:.e of _:"su,ra...... must 1.,._.,...____._ .+_t_. ..._s _ease, witm coverace Cates Deng YOGS t..=_. _ 2/28/06, and, in the evenz of a second and third term of this lease, _r_. :Mrmgh _iZEIC7 ant _ _zhrcugh The Ce_..__✓Cate name the less.' ,C.. '+.her as ad.^C=__.,'al _ns,red ar. insura.-_. e �CT':L_.., ac_e_a.^.�l_ to the mesa,.,_ and __ shw_l be the • _ rE5C0`a Farks'. ..._ -_ _ .C._ :!e-.._ecc` t ..._ .... ____VG'v•t ` .t ._` c� , LESSEE `3 TE • Cer:sf Cates Ins,__G..ce _c7,'e_ _ Evans,ton ...,;st be .....~ted as -he Cert:_.,Ca must be received P.:3t late. titan L'r.e CL_renz CerL"=_.c e ..: of 2!2)>,'^4 Gr 2 /2?5/C5. Lessee ad iLL__.,:eE _ _... :._ requasted, a Cer'--_Ed _ _v of -_he _ cl _cv _.E_ instr, ct the _..serance cc —pa- to not..- . f _.. _. __ _ _ -_ cancellation or Policy. ne ?e:_:.y ins-urance should to ci:a"ceC. or cance!'_Eo, be effective until r-hirty 13o) days after tc_ _ :ec written notice from the _ns;lrance co::panv'cs having less less _-an an A tl::s Pcl_cyhclder P.at_. _ - Alfred M. Sest Company w-41- not be acceptable. All Lessees must provide evidence satisfact-Dry ... ,..__ __ _ of compliance k'i,.h the _ns',lrance rea:_irements cf :'—'S _,case efG_"e - at the siar.i a c_ a new Lease and befcre rene.:_ng ._, pease. 13. ADD ITIO!IAL INSURAIN-CB. Lesso.. reserves the ri_._ try -, _,_e __�_.__ ..__ insurance from Lessee and any Sublessees teca:.se c_ any _n:_-ease_ improvements made by Lessee or any Sublessees or 1 nhL___- :ct satisfactorily covered, in _e=sor's sole oc'_n_on, _ G7'`.e insurance reauiremen s, and lessee agrees to prom __y _ rc.=. ___ same, 14. AMERICANS WITi D:SA3ILIT ES AC. kA ^:) classes, programs ar_4 activities are .,ub-'ect tc a._. app_=cao-e _a""'s reCard=ng ??O^-C}SCrimiP.at:Cn, __.c1yC dis rmi naeon on the bas4s .of c_sab___ty. Kea_ca_,..e muse be made _n a. NCAC act:v;tiiEs an'; services _0 enabie parz_cioat_on by an _n6 viCllaI w_;th ._ .d.._sGf`____v Cc ___.c_ wet.. z a .-.DA in re5tcec.. to Lessee/ S_b:essees a.._1v z-es _. of Lessee7'Su'r.lessee. 15. NQN-LIA.3_.._ITY CF LESSSOR. _'essc_ .._>1 ae::-e` be __at,'=_ ..,_ anv damage nor loss of revenue occas_cnea by fall•_�re to 'r:-eC _.^.E b-, I -_.^. q_ iP. 1'Epa_r, or for ___ _tom any fuses a._.. a',J _ .c.:_.v.t"tS assoc:atE b::-:Ln electrical malfunctions, _.o_ if .he ':eat is ...mot nor for any darnEge or loss of revenue ca'_,sed or occas-lonedJt'V cr __c'm plL., b:ng, gas, :a ter, sprinkler, steam or other - _,es Cr sex of bursting, leaking or running of any p.ipes, tank, or plumb: _ f_rt:.res, in, above, upon or about the b _'_diaC, nor f"_ any dar-ace .._ _ass of revenue caused or occ8s_4oned by water, sneer. or __e being vn or coming through the roof, skvl�ghts, trap Gr reelect of any o'+,. 'n_:cr occll ants of adjacent or co:,tic,ous proper . , or iy p1.:b_:c or pr_:ate nuisances, recardless of cause or sources. 16. F_..rf'CA, SL Y. If a subst ,._ial po cf the _eased Yre-:_ses cr tine NCAC :s mace unteaantGcSe by fire or othe-r casualty, Lessor c;ay e-ect to: A _. ro._de ava_=able space w_thir. _`re ), ,.•es ,._..ter, or repair premises w__.._.. __x--v (6C) 6ayS. esso_. erects ,-:e reYaL_ op _c.n _ fal_S to _ 4c_. ".._ses .._ _._.. s-'xr -. Cr ,:pCGr, the �__ p:rem_-se_ °__e, tie ter.., .._ t..__ _:&se create,^. _,..:.:i ..ease as C_ _'.- da:e of ...,_ CaSt..:_ t__rer debts ac ru - tc _from__ f. • _::VCiCE= __Cr tC ..a:...a_ __ -C-_ M!-'St oe _ - _a _0 ..:wS s. sir. LESSEE lit,' • ._,_t_.._ _. _.._:_.c aLevi.. r ys of:e: z._at Cat e , or _.v.__;_. .__.. ___ no _. ___ _ in "pair, restore! or re_'_ah_.Ztaze re Lees a. Lase__ s e>:pens ., _n 'n'a.1ch-at..e.. C _.. the he lease -= nor terminate. pursuant to chese runr shag_ t_:.__ on _ per diem basis Suring the period of ....__..:..'G_,..._ _..._ e'•.'e`"._ :° c= ter..,_.__._Cn cf this Lease pursuant _t =is re_.t o_.a__ __ ppc%rz--on`_'a on a per diem basis and Tait or ..Le 6aze nf :h .:re .._ oner casralqever_ :hat the _:CA_ ii nhe ice___ .__...-_:e=_ are Tar__a14, ,.3naced by fire or other casu..._ty buz a _.,___c.___c_ _ ___cn of the I CAC or the Leased Fna ses are nm ..a__. _.__ -z :o__s _t,ohen Less._ .._.ail proceed as pmmptlyas it can uncle; the =..:1:..saw..., no repair anj res:.,__ Leased Premises o. the XCAC r' chi `pz:r-z fsn th nu . .l c he and :':C ran:. � .___ abate __,. _ _ _ to the BO saol lt'y' C_ t.. Leased premises daring =Ee per_ad of __.tenantabil__y. __ an per--o she Lease& premises is made untenantable, Lessor shall have the r_cht to fermi^ate t =s _case as of the date of t`= fire c_" other cas;:a_ by g_ . _ v: 1 _ _ _ _: _n ... vice thereof to Lessee within _ six , VC!. days after :he.Late of .._re or other casualty, in which eve_._ the __n: be app7r:loned on a per deem basis and paid to the date of su--h fire cr, •E. Gu -e ` eased Premises or the N are mace untenantable or not useable purposes allowed in this Lease the security _epos; w:.]l be _:funded to Lessee __ and as a result of war, terrorism, _nz-.,_rec_ cn1 _---_ :o^m,ot.--,o , _-.its, acts of ^God or the enemy, g c-.r __nmen a- ac_ion. strikes, log._. -ts or picketing, such cc.. •1t,on continues for a period of one %'ear, :hen Lessee shall have the right to terminate this _ease __t_oa^,._ve2y as of the date of the v_ ..reusable cond_tIo , by g4i. .0 -, e ..essor w'r_tten not___ and ;ac_..ing :he _eased Premises immediately. Shier right to term.inare shall be Lessee's so3e remedy and under no circumstances shall Lessor have any lia'tility for damages of any nature whatsoever, including, v:lzhow_ _._,..:ta__cn, business _nterrupticn, inci'dentai or ccnsequ'ert:al R. Lessee shall have no rmcurse fcr any type of compensation, dama3tas, re:_..w.._seme: costs, Cr insurance proceeds whatsoever against Lessor for any artwork or other propert of d__^_y q—pe Wich was lost or damaged ^?y fire or ether casualgq ocr for any artwork or other -,roper:V o: any pe which remains _._theleased premises or or an any location owned cr operated by Lessor after _ease te,..._.^,at.'.on or no7 renewal. 17. COCL.. r _ :'ONAL .._rLTh PST3 ..... _7Y r._ _ . i5. l t . Lessee c Jeriants and agrees that :he use of any power tools, chemicals, or other harmful a potentially .^_are ful products, devices, or ma:er'__Ls on the _ease:' Premises `} Lessee, -_S agents, e^'__cyees, students, or an ___der he --are, cor.:r3l or t._t__-_e Gf Lessee s'_:a__ be .erned by the 0 ✓ccu't.c`t_cnc_ _.ealmh and Safety Act of _920 as 'Lob: or neroafzer amen..e6. LESSEE DATE 9 is. SECORITY DEPOSK. Lessee agrecE :z s: .011. E two ec.:c.- LI-1, one monch' s rent upon the exec....._... : :� -- I.:._-: Ar one full and f a i z h f u 1 performanc. Lasnee Fa— =Z ever! provision, covenant, and conlfz= zf :�-s in respect to any cf :---.e terms, this Lease including, Vt nz: Ay.ned Fa—vr: .f lrE rt= A.____. may use, apply, or rwain he a c e 5 e-lu deposized fcr the paMenz of =.,; suz.. re7: :m ___an nr f= any =har sum which :he Lesscr may expend cr he requorst to OYPI711 to' reasOc Cf Lessee's default including, WRAInz :10ta::Dn, any damages OL deficiency in the relezting c�f -the lea�!��ed se-s E ..---h or deficievicy shall have accrued Q-�Lfcre cr after E7,., rc—ent--ry Lessor. if any of the sec-L;rd:y shall be cc .used, p:-.ed or re-ained by Lessor at any time or from time rc rLme, Lessee sf�E-',- P2-mP--:Y, in each such instance, upon rendition of an invoi.ce andicr on initten demand therefore by LesScr, pay zc lesscr such add::aonal as -,.ay �e necessary to restore the securAy :o :he orig-nal aim,_.._.. set fortt in the first sentence of this paragrPph. Exce-rz as _._her se requKed b..", law, Lessee shall not be entitled on any --'nzereE: on the afcresaij security. In the absence of evidence sat iFfa==;ry on Lessor cf an assignment of the right to receive __ne ff e c --, r -- : -, - c, i _he re n in g balance rnerecf, Lessor may return i---ie secur:o-y o2 ohe 2r-�g:nal '_2ssee, regardless of one or more assignMenoS Cf r�,2s lea!�e. Up.n the of Lessor's interest under this Lease, Leesscr's to Lessee with respect to ne se=rizy deposit shall :ermfnate assumption of such obligation by the transferee. 19. ATMRNEY'S FEES. Lessee shall pay and discharge a:1 ccszs, attorney • fees and expenses that shall be made and irmurred by Lessor in enforcing the agreements of this lease and all the parties to this lease agree that the agreements herein ccntainea shall be binding -upon, apply, and inure to their respective s-jccessors and assigns. 20. LIENS. lessee shall noc permit any lien or claim for lien of any mechanic, laborer or supplier or any other a-�en to be f-�je6 against the NCAC. the Property, the Leased Premises, cr any part thereof arising out of work performed or alleged to have been perfcrmLed by, ci at the direction of, or on behalf of Lessee. if any such lien or claim for lien is filed_ Lessee immediately either shall have such lien or claim for lien released of record or, if lessee desires on contest the amount or validity thereof, shall deliver to Lessor a bond in form, content, amount and issued by a surecy, satisfactory to lessor, indemnifying Lessor and others designated Sy Lessor against a-1 costs and liabilities resulting from such lien or claim for lien and the foreclos re or attempted foreclosure thereof. if Lessee fails to have such Zen or claim for lien so released or to deliver such bond to Lessor, Lessor, without igp zing the validity of _such lien, may pa; or discharge the same and Lelsee sna:1 rainburse Lessor wpon rendition of an nvoUe for :ne amount so paid '--y Lesscr, including Lessor's expenses and attorneys' fees. 21. PART:ES. he Clq as Lesssr and __._see,- herezo inders:and and agree that where zwc or mere persc-ns nave exec,��e= this _rase as '-essee, word "Lessee" shall be construed to refer to and enc:)mzass Eli such peracns and all lesseEs and SuKesEre-s signing this lease shall be 40 lointly and severa:11, 1:atle for the en:ne rent and fnr the LESSEE DATE 10 17� Der _..,rmc:ice C. all other covenants rerein. i,' :ere necessaly to ef_ectUate th. Ll:rpo'se of th_J s lease, Lessee' steal1 be read as esSEes ,essse' o_ Si:.,_essees' its' shall De read as-er/t i•_. �_L w'-ere a join.. -ease has been ,~✓^ prove, an,- one C-r 3more Lessees terminate this lease fw--':!, the reu^-,1;re-- t_e-f (iu) C3vs' ncz-ce as ....,_.i nea in pa-acraph 10, the remain I' a Lessee na`ed as �'eScco t.n:s _ease (not su'lessee) see ,n e_^_dix _ 4:._ assu-e __11 comnliante of this _ease effects%on the termination date of ,._ic-e1.mina-_'-g 'harry, and continue throw ou:t thle currEnn lease perloc. 22. __SSOa'S ACCESS 0 LEASED P.rcr^._SES_ a. Lessor shall have the Licht to retain a set cf keys to the Leased Premises, and Lessee shall not chance any loCks without Lessor's prior written authcrication, ant without providing Lessor with keys for s'JCh new locks. The Lessee shall oerm:.t t-e Lessor to erect, use and maintain pines, duc;s, wiring and conduits in and through the Leased Premises. The Lessor or Lessor's agents shall have the right to enter upon the Leased remises with 24 hours cricr written notice or without notice in case of can emergency, to control neat, electricity and air cond-i t ioning, to :aspect the seine, a^.c; tc make such decorations, repairs, alteration's, imtRr, menzts or additions to the Leased Premises or the NCAC as the Lessor may 'deem Necessary or desirable, and the Lessor snail be allowed to take all m+,aterial into and upon Leased Premises that may be recuired therefore without the same const.itucinc an eviction Cf the Lessee in :die or _.. part and the rent reser`: ea shall in no wise abate chi i2 Sa'd decorations, reDa-rs, alterations, :.tmprovernents, Or additions are • being made, by reason of loss or interri:ption of b::siness of the Lessee, or otherwise. If the Lessee s.^.all not :e personal_y presEnt to open and pef,,.i-_ an entry ..nto Leased Pre-mises, at any time, k.he.. for any __a-scn an en_ry therein shall be necessary or permissible, tr.e Lessor cr Lessor's agents may enter the same by using the key, cr may forcibly enter the same, without rendering the Lesson or such agents 1_ab_e _Nerefore (if during such entry Lessor or Lessor's agents shall accord reasonable care to Lessee's property), and withc-_ in any manner affecting the obl_caticr.s and co-.e.ants of this Lease. '.�oth'ing herein contained, however, shall be deemed or construed to impose L-..-n the Lessor any oblicaticns, responsibility or liability whatsoever, for the Care, s:.uaervision or _ _- of the NTC.kC or any part thereof, Cher is ar: as here:^ provided. The Lessor shall also have the _ �'r ig.^.t at any �e without the same constituting an actual or-cnstrLctiye eviction and witho-.:_ incurring any ._ate:.._ty to the Lessee therefore, to chi ;e the ar_aneement a.^_ ,^_ locationof entrances or--assageways, _..ors and;docrways, and corridors, stairs, toiletsu or p^lic parts of the nCRC, and to close entrances, doors, corridors or other fa'cilitie=. The Lessor s,ai_ nct be l__fle to the Lessee for any expense, injury, loss Cr dama :e reS:._=ahc from work done ty persons o_.___ than Lesscr in or upon, cr the _,se o', any adfaceaf or nea_rzyL:__ _ _a^.C, s__eet, .._ a2le 23 NOTICES. r'__ notices, recuests, Ce"tands a.... cthcr are _eCL._red or perms._-.. to _De Liven _..ter _.._ i Lez- .e ....G__ be _n wr_z_-:.g an_ _.hall 'be cee.med to have seer l _vex ce1ivered J'erso..__Iv, cr on t. e .th {F. v ra: a = I::a_ ..f se:'._ •r _ e_ ser=...- c= cert_.__G ma_. returnece--., nos -ace Ye.�.� _.C, as t_et ..,_zl be_ a).e LESSEE D_. TF_ anc 7.3: a substitu::e for personal or mailed Director of Parks, Recreation & Forescry Cicv of Evans,= 00 Ri6ce Avenue E ans;on, Illinois 60201 Fax (947) 448-8051 Phone (8471) 866-2914 a co-,y to: Lau Department Ciry of Evanston 00 Ridge Avenue Ev2nsion, Illinois 60201 Fax (847) 448-8093 Phone (847) &66-2937 b) if the Lrsszt, at the address -7,rqt above 0 • LESSEE 1.). � T E 12 • CJ • 24 RIDERS r_1 riders c^ttace'd to this _ease and c.he Lessee are hereby jade a tart of this Lease. 25. MISCELLANEOUS a. lapolicable Law, TeSsee agrees to c serve a I' :e�l,s1.3�_CL and rev u IaziC.^.S In _ts c_._4.. and '_W :.. ?remises. The law Cr 1111:o.'_s, _ncI u d_ n � __s C z.... provisions, shall apply to interpretat,on and enforce^yen_ _. Lease. b. Liti.9ation. In the event of litigation or clair-s{s agar..,. _.. City arising out of this Lease by anyone other �hn—n the __.. the Lessee shall cooperate fully with the City—._ litigation bet- een the parties to this lease, the parties wa-4ve trial by jury. Venue shall be within Cook Co::r_ty, 111ino-s. c. Severabi11'ty• in the event any provislcn(s) of _..:,S L.e� e _re found by a court of competent jurisdiction to be _._ viclat c.. -_ applicable law, provision(s) unaffected r'., e-'-v cR3; :. 'e _.. effect. 26. AMEND11.ZN1 S. This Lease may not be modified or amended exc-ept writing signed by both parties hereto 1N WITNESS WHEREOF, the parties have executed this lease cn the ca; C_ 2005 Si" Gnat;.res: ATTEST: HT.EST: ATTEST. LESSEE DATE LESSON. jV LESSEE. SUB- -S S E Z : APPE14DIX A FLOOR PUN Marcy & Bob Brower. a 7O'I'E: Area marked in red on the floor plan above represents the path(s) to use during evacuation of the building in case of fire or fire alarm. See Appendix C, R18. Shaded areas on the floor plan(s) above represent space(s) Lessor has acreed to lease to Lessee, to be used for: Marcy offers Acrylic uaintinq. Bob offers Stone sculpture. and reasonable related activities of Lessee with prior written approval by the Director of Parks/ Fore stry & Recreation or designee. LESSEE DATE; 14 • Is 11 n APPENDIX n COMMUNITY SERVICE RzQr_1IF.^vENTc• POP 8/1/07 through 2/29/08 (term 3. Bob & Marcy Bro•,,er REQUIRED AMOUNT: $238.21 TOTAL APIPRDJED: ;Us .06 Bob Brower will teach a class of Evanstcn Tit le sculpting. Estimated cost is $385.00. Marcy Brower will offer construction of twig, yarn and br-.ad stabi.147___s where Evanston Title 1 school children learn how to 4�e: no;oosti•or.. color and imagination. Estimated cost is $660O.00. COMMUNITY SERVICE.. Community Service activit.-es � _t�: af). .1- take place between 3/1/07 and 1/1%G8. Community Service f c-nosals r the Lease pea:iod 3/1/08 through 2/28/09 must be submitted in crritinn tc the Director of Parks/Forestry & Recreation or es- icnee hy December 1st, 2007. All Community Service Proposals for each upcominc _erTr must be submitted by December la` of each year, and mu_, : b _ rseac~fated and' approved in advance of any '_ease term. In the event the Lessee does not satisfactorily perfcrm said Cult_ral • Community Service, as outlined above during the term of the lease, t e Lessee shall pay Lessor a prorated sum based on ILhe value of the outstanding requirement that shall not exceed 15% of the total annual rent_ Said prorated sum will be billed to Lessee. Community Service Activity Report forms must be submitted to tl-1e Director of Parks/Forestry & Recreation or designee no later than ten f1C) days after the completion of the approved Community Service activity. Subsequent renewal of this lease shall be conditioned upon the completion of said Community Service in a manner satisfactory and acceptable to the I.,essor and any other conditions as established by the Lessor and communicated in writing to Lessee. In the event fewer than all. Co -Lessees terminate this Lease, upon request of the remaining Lessee, or Lessor, the Director of Parks/Forestry & Recreation or designee can reauir.e the terminating Lessee to perform its obligated Community Service requirements pricr to the termination date. If the terminating Lessee does not perform its obligated Community Service requirements prior to Lease termination, the terminating Lessee will be billed, and must pay prior to termination, the sum of the unperformed community service obligation and any other charges accrued to Lessee or accrued by Lessor as a. result of unperformed ob'_ications. Lessee Da=e 0 • C_;nNE _?T v1�5 r1J i�G__ r�0?v'S CONDITIONS _es s e_ and Its sta'_, st cen, ..s, v_s_ t crs, a,:1 7 s a_t fcllow and otibe;! the General P-les and rnG'gti1ctI s of _..he Nz�ye5 C 1C .d Irt.s Center WCAC't Said Ru_'es and Regulat_.,i.s are __seed below and sli^,l''ct _o modification as distributed and./or Posted. 1. REQUIRED USAGE. rac1i i.essee/ S•u h l e s s e e% c o- l e s s e e is requ_red to Lase t`ie leased premises a minimum of 2S hours weekly. Under use of the leased space may result in termination of this lease. _. 3UP.CH-1AGE. n. All iOn•F1+3;?crC.^. RES`_dE::ts-ndividuals only'i are assessed a 20% surcharce on rent. The 20t surcharge will be applicable to non -Evanston resident Sublessees if the Lessee (individuals only) is an Evanston resident. ': e 20� sur&:arge Is applicable to a ron-Evanston resident sublessee only it and w'her. the Sublessee assumes the remainder of the entire 'ease or a co -lease, or upon lease termination by Lessee or Lessor. In order f c r an Organization to be exempt from incurring a 20% surcharge, its prit•c:pal place of business must be in Evanston. Orcanizatio's must attach Articles of Incorporation to this lease. b. Month1v rental charCes assessed to Sublessees will not ;be in excess of one-half the rent charged Lessee by Lessor. A mitten • sublease agreement between Lessee and Sublessee .,.ust be given to Lessor covering the lease terms prior to sub'_essee's use of space. The sublease agreement must include _he pa -ent scledule and Cne dcila_ amount paid by Sublessee to Lessee. Community service obligations assessed to Sublessee are in addition to "he f '_1 obligation assesses to Lessee. Therefore, the comet -_,pity ser`:ice ob:igatier.s assessed .c Lessee will not decrease as a result of a sublease. 3. RESIDENT. For p-�rposes of this :ease, an indi•._..�al _s a resident' of Evanston if his/her current driver's license anai voters reQistraticn cards show an Evanston address, Parties must notif'✓ the .riireCtCr of Parks/Forestry & Recreation or des Knee in writ- _ wit -in ten (IC' days of a-v address chance. Upon reg::est of the __rector cf .tr}:slF^Yestr. & Recreation or designee anytime, `..:essee iL'st promo:.ly present a current driver's license, voter's registration card, .._�lity '_.',_ and any other proof of residencv rea:._red by the _Esso= . ial_.:re to submit notification of a non -Evanston residency 'hill =es-u-1-- _. a retroactive assessment to include ar�alicable late fees for each month or Cort_.on cf any ment.. for which a nc _-_:anston residency was estaolished. LESSEE D.,� Tc 16 C General Rules Page Two 4 NOYES CENTER N07:CES AMI S: KA7Z leFsesr niw :nq L: nave ranners hung, nanices dialayed, =: vzne: F m, tE c" in the public areas of the or ircur.= :7�05_7._ all public area activities announzemen: tZlet:.n -Jc. rd or walls must obtain prior writner. apprun: from ane "arec:or cf Pan,/F=rescry & Recreation or designee befzre ha�ng E� cr The City's Fire Ordinance TiAle 4 . lnapw.-- 1.2 code and the Reurearion Department's 2anner P�:zl:_y S;over-! one 1-4sted. S. SMOKING. SmoUng is prohiNted in cr v: Lhin 2E feet frzm _,he e=rsnce of the :CAC h-y the 21:y Ccle. The wo6e s :zicnly enjorneU Violac ions are punismahle Q fines on zc -r.- &:-Ij may constitute a breach of this :eaFe _:. The conzumnption of alcohol in ine KCAC is per=oeh, punsnann cc a Class x liquor license, under secr= a-5-6 W zhe C::y Cote A :he City of Evansicn, 1975, as amended. The lessee mrs: app:y for and receive such license prior to the sev:ice of beer and w:ne. lessee understands that there is no rig4t. -.c _ss,_ance W any liqjcr !__ense. Such special one -day lictsises, if isse_ as tc t__ f c n 9 conditions: 0 a. The license shall awthcrize zl-.e cons omptinn of teer and none c- h. The service of beer and u1ne stall only make 71ace from ten o'clock, (10:OW a.m. cc zen-zhir:y o`c1cck I --- D : 3 1 ) p. rn. Son 6 a-y :hcogh Thursday) and fron ten o'c 2 ock ?I: : IN a . ._. to z n: e i -,, e C''clock (12 :00) midnight Wribay and Sa:trday) , provi ded a1sc Lha: food is made available during those hours. c. The license shall he issued to and valid =rly fcr the ''service premises" described with particularip, in the license. A license to use a particular "service premises" is no: a license to use any other portion of the '-.eased Prem-ses or zhe d. the application, which shall be submitted no later than twenty-one (21) days prior to the date of the service date sought, stall he submitted on a form obtained from, the Staff tz, live CommZ_SsiOn located in the Budget Office of the Civic Center. Tne required info includes, but is not limited to: 0 0 Tne name of the applZant, ad&msv and phnne number. • The -service premises" for which the '2:cense -4- a descr-pzicn of .he approx-mate area of :he ser�.,_`cce prem_ses. LESSEE DATE 1 -, • General Rules Pace Three • The ....,.__, Of CperE--C7: Cf a:dresS' cCmplet_on L_ a s_,�ec ren.a_. __ ._:.._.-_. _ .._- _. 6epcs_ end a p rGva_ C Recreazi3n, Department of ....s!.^.Er desly ee. • The name, tel ep.^.cne ..,.:'.Der, aid aC-_iress c._ _he _e _c_._. ...__. _.. responsl!"Ie for cond'.iC_in9 the o:,•ert, and _-- -._ C- _.._ preT,'ses di;ri-c: the dCt.:dl e-v._ nt. S::c" o C-_...C7: .s .._Z:. .._ a:. least t',,:enty-one (21) years of ace. • A statement that the applican_ 1_ ^rcvJ'.ce =ec___ event, if and as recuired by the City. A staternen_ (we) am (are) granted is special li^ ..._ _._........ze, .. speci.ficall}' reCocni?e and agree thatr--he '-savor _._ ..._ __`)! Council may revoke Lhis license at an __me a_ _^e a'_-,5 _' _ discre_ion of t':e M.-ayor and City Council, and upon, of this special lid or license, the alder spec'_=_ acknowledges the special privilece of obtai.._n.7 I _ e cr license and consents to ail reeuirements, _._ -.idinc tre reauirement of _mmed-at_ for feI.ture w_thout reason. • Signature of applicant. • A copy of a Cert=ficate of l:c--i-or _iabi2_-" iv .. `:S'.._a..,...t an- other insurance as rrav be prc,.'de for in the _ _..a,._L, i .,,ng the City as ad6itional ensured. • cplizatzons for special one -day Cass s7:Iomitted to .-e Tic o_ Co::.._-ol Cv-x_ssioner s:.ai_ -a'.e `e to ,rant or _ef;:se to grant all special one -day 1_t'_--or ___enses. No more tshall one (11 suLh license ,all be _ranted peran. face__"_ per day. i.otw;t^standing the Class x 14_ uor _icense, ---e ao=sessic.. ana' consi mn, tion ,..._ alcohl l in the Noyes Cult:urai .°-.r..s Center are. ~ohl'__,_J by City Cote. The code I strict_y enforced. V_Olatlons are punishable by f;nes i:o to a-. d _7c lt.d17c S75DO. CC c_.... m CCn=_•t_ .-_ a bread:^. of this lease resulting in term naticn. :_n the event section 3- 5-6(x; or other apcI :.cab+.e prov:sM ^s of the _-'uor .,_.:_nance are inconsistent with._ this lease, the ordinance shall control. 7, ACCT_D-N'S & PC.TCE _PORTS. a. A.nv inc_dentlacc-dent ..=u_. _^g to anyone at tI.Ie NCAC whether medical attention is received or no-, c t'en, w•ni e a_zenc_ng an act_Vity _,nder the direction of Lessee anal-o- Sra4f member of Lessee, or pre approved user by the Lessor w' EL er CCClirT C :n a lessee`., stu..io space, Commu-ity Use r--ental - >ce or area of the NCA.C, must be reported on ar P-cciCen: Repo--t form CCtained at the admi_._strat_ve office the ..CAC. _,c} re^^.ts are to he submitted to -the C`irec___ of rarksircrestry U=ecreat_on or- designee no later *,:'-.an pa. _ne rex: Ct�v Ev—anston, _15: ESS 'lay Cr sooner LESSEE D =,! E 1 0 Genera e Page e D c :: 3r 0- a :;n ::han the nex: City gy c-zf I-essee staff memt:.r e i, e a 7 1 te arc, ocn the i,,cAc grounds Peport o'--ice - h i n -7 F_ r.Upon c=pletincj the _=pf 1 r a c a r 6 bea r i::g e C :he a n d -' s': DM -ne --ecreat:on or dEs gnee nc7w '=.e- :,an ne).: c:--,,- cf husf-Iness da,, or scorer af::er rh.= Pc:_.ZL-t� 0 RE-7 T v 72 C C) N' e S �7. ee n e C) i- cr r e a r. any me, any br cnc- :-i g s i n any T._.. ..ease p,-, r c :.._gas c f e N C.�% w i t h ou, t M r c f ra r):cio r e s; 'R e c r e a ton or v z; e 0 nu_- _ease.. s a z e n ,, 1 .3 a z I c: n o f City of E a n s o n. _e r r --, c t _J'. o n s as it may be e qu t n a 7'e 4- e cz "A nerscz ='-a :_.C� a nv time Di -ace an encu-,"crance c f a n y i, _4 7 d 'n a z, e c, r on any __re escape, ba lcany or a :ider in. enzea as a means c-f e Sc _='pe f Yorr, ire The means of egress f r cix. e _�, z h pr a r z r i'i c I C o - n n :7 9 n E z- S a N Is , egress doors and • nF_ `ns�allej there=l a:LS-es, corridors, passageways a.- . d simi'llar ele-e7::s cf the means z�f egress, shall at all tires be mai n�a_�ned in ai safe ansha_', 1 be availahle for immediate use nrov-'sions o an free zf t-.e f zn_�s -:,araqra�'h �_4-c lessee -,:) a f_'ne of 'Up to -50. 0 per C-f -_ —S :ease. c '"l C a. in any nsn-leased space W" zrcva Zirectcr C & or cesl=nee and I nct a -_ I o w I -_ s s z a f fr -_:udents, p_tzrons or Da-_=-c_-nan:s to 7o-c'L;c-_ anv cra2zz.ce evert cr evenzs _elated to Lessees ..___.__.es In ..he areaz_ cf- _�e N C A C Fa_�:ure to com='-. wi:h :*---s real-' in _"-e Cl-,.v's refusa- to renew this 'ease for a second and/or ti-ir-4 term. 9. Lessee zcvenan_Zs a n J agrees th a t Le S se e will exercise all d,-le caCr_lon and ,:onzroli zo prevent any -_'-_erference CTI the Dart : f Lessee, 4's apen:5, e mpl oye e S , s z e n t s Cr other �-e care, co.-.,--rc2 or 4n__e-ce c4: -essee, wz-h the Z�- 4 Ce 0 z ar:: c.-."- e r --enants in the C.-,- C I - 1, . Les see e c c - s E, c_-e --o :.-e -.-se cf :he ..-tere_�n _'.-4e _eased. t e r, "-n re�_s-eL are as a ar: zen an extracli ary amount LESSEE DATE 1 Q 0 General Rules Page Five of patience and ccnsiderazion most he snErt.se± ry E parties to promote the --- 64--- . 10. 13ME OF USE. 7te MAC building W:I: he lcnkE2 at aLl :,T±S =In no - open in accordance with the s:t5&-`e pcs7ecLn --n-s -'E -- e Appendix E. Access to the building by Lessee, ----s a:-:ePnS, guests, students, or any cQer wnc shall see'.,: azc-e5s -C the building by nature of relazinnshfp with Lesset, zha:] he __rt:ej to the hours designated by the Lessor fzr rrE NCAVS 502:nQ E We. Exceptions to this provision may he made in where Lessee applies in orriving, in a... a -) C e t.2L- c; - Parks/Forestry & Recreation or designee. ii. SECURITY DEPOSIT. a. Lessee, at no time during the term cf this lease shall be all,owed to apply any pa,-.- t a. s L i z3 S ec u r De p c 11 t toward payment W any monies owed under t.—E ---esse, c� --n ccnnL=--�on with this lease. b. if Lessee faits ca 7,ake repairs zr re:teccraze as specif_ed in Paragraph 5 of the lease, the security dep---)5iz shall re7ain for bt'nEfIE of Lessor and will be apV i ad. zowri zte Lessee, s unf;:�li Ked cbl-igaHons. Lessee toll be billed aid:::cnal cDs:s aver ant keycnd the amount of security deposit on file asm::atej with rezurning we '_eased space to its original condition to include too not limited to lie! Lessors/ow ner s staff time and materials, : p on -,e s see' s e a r termination of the Hasa and/or in %,-olation of the :-acoice of Paragraph 10 of the lease, all Security Deposits "2: be Mrfeired by Lessee. in the event any part of the De:,oE-,r Js al:p106 during the lease term by Lessor for breach of any gnovisicn of the Lease, Lessee shall, upon rendition of an ty deco-__. with Lessor an additional sum equal to one month's rent as aidft-__.al security for the performance of all cmvenanzs ant agreements of hereunder, including Commun,-4ty Serv,-ce (see :;pendix 3.) said invc-ce to be paid by Lessee not, later than the due daze as speciffed in the invoice. Lessor�ili 13:11 Lessee for any -.nfulfflled C�M=n-ty Service obligptions specified in this lease unless Lessee secures an al -ter -raw community service activity, approved in -writ-ng, in advance by the Director of Parks/Fcresz:rl; & Retreat: on or designee , and perfc=s t:e Community Service at an alternative agreed opon -:me -,.-:::h LeEsor Cr as agreed -,;pcn prior to the end of this lease term. '--he Sec-uri:y Deposit W21 be returned to Lessee &thin 45 days of :ease terrni7,arfcn if money is due to Lessee and/cr 45 days after Lessee f:22fzlls lease as apQicnle. 22- MC SS ROD KEYS. a. : f a 2MES is : c' be Sained z 0 LEESee ' 5 5: -,dfo , s 1 by ind-.",'auals other than the issee, the Lessee as required to an -Access ava,--:at:e az zne that --nd?v-d-.;a: 0 LESSEE DATE • C e.__ra.: KliLF� Pa-e Six access. -' essee v.__.. forever ',iold Lesscr/L.b:-er I"armless _,nr a: •v _.,t_o-s c ::CC r 5 s_...::5 .._, anq f :'r a ry dar`a ce _:D. I cs s _ _ , _.,..,.erts cf Lessee's mail or ma-lboyes. b. i:eys are alvays =lie Property of the City Of Evanston/Lessor. lessee will receive ::o keys free cf c-a'_"ge affording access tC only the particular areas leased hereur•der. See lease Provision S. T :e Lessor rrohibits the reproduction of keys. Lessee and those he ding keys unce_ Lessee n_„ not reprod-uce keys. The office of the Center will ma:.nta1., records of all keys_ issued and .returned. Keys will cr.1v be ordered and issued wher the office receives a written recuest from the Lessee or by those names _fisted on Lessee's prior written _`jthor47ar4on. he Lessee Cr -tS authorized agent 11 receive when ke:'s are ready to be picked up. On!: the indi'•rid,.:a_ eceiving the keyfs) can sien for that key(s). There will, be a 53.00 Charge per i:ev for all keys except in cases where the Lessor intlirs a charge more than $3.00 per }Ley to reproduce. Payments) for keys mnust occur at the time the individual receives the key(s). Loon '_ease tern.ir.at_on date, in cor-pliar.ce wi`_h Paragraph 11, Lessee will pay any cost relating to the lock/core repair or replacement if Lessor requests this chance or if all keys issued Lnder Lessee's or Lessees' designees authorization are not returned cr anytime during this lease ifV the • Lirector cf Parks/Forestry & Recreation or designee, determines that. i any such replacement s necessary. No L'art of L_Lessees' Sec_ty Deposit '.4i_l be returned until al. oro_perty of the City of Evanston has !�een _,.turned and all Obl_caticns are iL'lfilled _n accorcance xi:n :-e Trovisions recited fln .his lease. is TOSC-, L.z.'',37- R0UA':ERIii_.S. a. It shall Je unIaw an-1 sha__ const_zuze grounds for immediate termination of this lease if Lessee engages i., any aCtlVl.ty 1nVG.....^.g true h2^.:^.l_.^.c, stQrdCe, or u52 of materials or s:,:::stances ',.,lid'; are flammable or of materials, substances, or devices which are hazardous, as der=new i.^. s= =23C2.0 cf -e ECCA National .___ Prevention Code of 1.553, or co maintain, store, or use any such flammable or hazardous materials or to conduct nrocesses _rod.lcing S,IC}: flammable or hazardous cord___ons, excevt- with the Prior ',ir_tten request and prior written a0 s-oval of the Director of Parks/Forestry & P.ecreat_on or designee, andthe Evanston ..re _ Partment and in accorzance +._th all applicable lecis_ac'_On. Code ;s strictly enf rced., violations are punis-ab?e by Pines L_o to and 4nc1 u,d--' la 5750.-Do and; may c stitLte a breach of _.._s _ease resinn g i- =erm_naz-,,cn. LESSEE L ,..7 7- • =.:-:._ ...._ ..... '^er...tine use or stora:e on the ore:r_ses cf '"ic E_____ .,_. _.s _ ___... for Sate ..:SaCE 'r'l t!"a3';t _,^e ..,esso_ ..... the ..,._reCtOr of Farksorestry & -ee. _essee v ll store all pctcr_tia_ly dan;erous renrcof cabine*_ i 5 i and/'or _ i reproof c c_.,.a__.,.._ ,E-, aal.l ..: rr.cs no_ in use. The decis4on of the Lessor, /. & Recreation cr designee tt�it�l reference _^e ^:ate_'_a:s B n d its safe usage s all be corclus-•ve. L Recreatlo'_I or designee and/or ..re Det-r,•rner.t cffic_als i1i perform unannounced periodic Fire/Safety _.._ _._ all lea=ed soaces for cor.:ol-ance. Al Lessees must grant attest Cr >>.� _.._ ccvc _ stct:y enforced. Violat<o^s are ,,in' 2 a - fines -.:-D o and _n..ud_ng $71.0,00 and may constitute a of t}:__ 'ease _ lt' in termination. _ _ the rt=sod^__bit_ of _.. Lessee to discard _its ow:, refuse into ex.�.__ dmres!e- _hat does rot fit in, a standard 20' X 15' trash rece-tac'e. The City. cf L•'a^_ton is not equipped to and does not pick .:ebris to include drywall or cement. Fowever as a courtesv to=,essee, the City will allow Lessee to discard its refuse speci_ied in --his paracrap`:. The City reserves the right to not provide this service ct any time d_r_ng this _ease. Lessee will observe C e • ....'_ ret_se .i.:St be YJa_^e-; t0 _ex-ent blown_ o scattering. A.t ,C time i__ -e=_see d_scar_ refuse in the City dumpsters causing the dumpster o _ot.aI over 500 lbs. per refuse pickup by the City. .The C:tv wi- - azcep t scrap t:etal . z.21. Scram metal i s to be placed neatly inside the du.^pster _.rea . Scra^ meta_ and ...:? k , ick ups are by appointment and are not collected b_,+ the recu_ar crew. it is the Lessee's responsibility to not_fy Streets & Sa_.:._aticn a: (B47) 866-2540 to pick up any refuse that _s placed outs_de du:toster. The weight of the scrap metal wi_l nc.z be a_ _ed to the refuse we'cht placed ;.hie dumpsters. rill _te'ms wc7,d to he ..,scar: ed m'L;st be bral:en tip into s_Zes Ilot to exceed 2'JX2'x2'. At me C__: Lessee be Cermnittea to discard a_iv .^.11k wood (tree brand - es, tree stumps, larger z^an 3 inches in diari.eter) or hazardous waste to inc)ude: gas, cil„ as.".estos, medical. waste, Car parts, tires, aerosol paints, antifreeze, cleaninc products, drain cleaners, fl.:oresce^t h,_,lbs, hob'�v c-em_cals, cf'_-tase'd pa_nts, househ,01d batteries, insecticides, lawn c`.rniCals, o_d caso2ine, 'ya_nz .,,._niters, Doc, chemicals, pest_cl.ces, s :en s, used m^ or oil and nerb_cioes, latex pa_,.t5, wastes, farm m, ch_ner, u__, ex=II .v_ves, f:.re e?:__'io'__s.^.ers, f rear...,_.-s, leadacid bat -ter' -'es propane -_a i•;s, stTmC'we detectors, _arm mac-:nery oil, wastes, and LESSEE DATE '? • General Rules Pace E'ghz bus ine`__,CommerCial sector Y:aStcS. Fazar ous '+'�.._.... ,.,,,...eC...._.. 5.�..�_ around C ._ca::o _a.... pr_.lded by -he I I __..v_ s En-.--.' ron.men-c iC2-^-C} .'-:} i1Ci UG.apEr. __=e, IL. _YZ St3L_O^, ,- _'C::'.__ 1c Pd. an.,., Rockford, III. o c k ni.°er Eec1a7ma__on !n._s-__cL, ISi5} 557-6737, 15. SPACE Lessee shall ab-ide by the manufac,..rer s =_- .mformation before usirc a space neater. ::eaters snail have or other testing agency label. Space :.eaters shall '-ave -cove_ protection; d,,dilb_e alarm or automatic S'-Ult Off. :)c not leave _ne healer -nattended. S_oace heaters shall have safety :eaLL'rLS _ device overheats. In addition, space heaters will not be ;tsar. _._ conjunction with _. exte.�_on cords. When operating, space heat., _ rise have at leas_ three- feet of clear, unobstructed. space __. all directions. The code is strictly enforced. Violations are pu::i5.":a"_'•_e by fln.es uo. to and inc-..• i_ng S7 0.S0 and mlay consL1tWGe a bre-=::h sf this '_ease . es'_1t:_na in termination. 16. COMBIUS'_'__._.=S. All comh:_-sL:bles are to be k.ep_ a ..,_r,"Mu , ..re'µ away from e?ec_rical e zu i P 7n e_ n t A-'1 comaust_ble and f1a-;lat- .,_teria_,. s snail be stored 4accordance itn __re Ccde. -..- • responsibi li tv of the essee to provide z-e apprOw%=� r ia:e s:aCe cabi^ets 'The code is strictly enforced. Violations are oun_sha__e by fines up to and includirg ,;750.00 and may constitute a =each :..4.s ease resut-ng i_. termination. • 17. EXTEhSICN CCRDS. Extension cords are permitted as _ono; as acCer__ahle load iiTits are not exceeded. ""ire Preven..lon Code Sec__cn -"s'_0.5 EY.ten.s4c Cords: Extension cores and flexible cords shale ::-Ct be a substitute for perm._nen: Y.'irin.g. It space heaters are c077___.le6 to be used, permanent virina shall be .instal-'ed. SurGe p OC e..�O_rs r r can be used only in reIa:ionship to overate office camp ter :eta__ed eduipment. Pam.'-.,. IL Y'ili ae the Lessee s responsibil_ v to post. in its studios a copy of the `ire evacuation n!an and to inform its studio users of the evacuation plan. TN,hen t^e Fire Alarm sounCs, %,'hezher __ i.s a. -,ire, false alarm,, or fire dr_._ ever ne =s to evacuate tree Center 1'r—zeciately and safe.,,. _.easel: spaces are t; be ,eft L'nloc.ked in case 7i_e r' ^ters nee: access. The mee-_ng _act d.._-na _ire e!-ierce^C'_e's is al_madge ;ark, _._.. ..-,_ _.. Cf ,. .E 2<C- par,._ lcz. __...._viduals other than the Fire Depa-_:..en: a d desi;na:e1 aur—hor_t-es are not a`:,^'_t'cr c py _-e park4nq :o:• areas or _,:..detia`ks arc'L-.nd `"te:-:7e:e_ cn ..:'.e C_._t__. --vervone _s ., remain ,.r.e .."_i_':auce ParF: Youn-4s ass area ^.t _ a_-.____ OLi _ Se LESSEE D..'ITr- • -___ 1"eoaT"t:7eC or ��..�.. :he cods is st_ict2: enf3rcetd. ,Yr a.:nes .:p _.. anc _.i.._..:'v_ za ..'[l.. t,'.. a'C ^;d.j ..._.`..a c.. ..� t_.-.as _ease resulting __a 4e:M4r.at_cn. ..� _... _. ...-_... ._.� �.'.ii._.. L_. _le%ator and chair lift are to be used to _:"a"t ?Ciz Cas_L aers only. In the evert a co -lessee (act Suo_essee) terminates __s -case, the Lessor will determine if the space will be Put On t-e mar:; t for 'Case or accept the remaining party as the sole leaseholder G.. _.._ 5t.-t"... Sec. r:no-e.idiX Y . The rema7.ninq party can request aucrC,,..._ from the City of Evanston that another- party be appro%ed to eit-•er s°-'lease Cr co -lease for the duration of the lease term or `a.":.^._ter tc- rm, =.l_ Ci:_deli.^,e5 Olii.i:..^.eC 1:1 the NCICIs Studio applicat.ion pa6-,et 'rids`. be ad.^Fred to. Full compliance lncl',;de5 full. pavments for Sece=,o=_its, cor.'.munity Service Act_Jv ty, rent, as well as all . _:ter cb_,IgatIons imposed hereunder by this lease. upon the Director Ct Pa'_..s/:o"es'ry & Recreation v_. cesi. � di _ _ _ e,.ee s rectio.: cr upoa t he re^,L;est cf the retraining Lessee, the Director of Parks/Forestry & Recreat'cn or de_sianee can require the terminating Lessee to perform _`:eir ..___cated Community Service reguirerne nts at an arranged re sCiie.^'. L'led time or prior to Lerml:7at ing and/or DriCr LC the lease terminaticn date. if the terminating Lessee does not perform its oblicatec Co-.,mL._ ,r Service requirement, the terminating Lessee will be • Ed _nd ..___ promptly pay the sum of the :.nperformed oblicatior.. _FSSCR. lessee shall rot unreasonably withhold consent to the Les-,.._ to e`.ter the _eased Premises in order to ' nspect the rremisEs, make necessary or a,reed reoairs, decorati7G, alterations, necessary or ag,:eed services or show ,, e uni _ to cr ac:ua2 _ _chasers, mortgagees, tenants or wcr_men. The .,esscr '71av enter the unit 'n'1 t.... consent of the Lessee in case of ernercencv and/or cc perform Fire/Safety inspections, '-eating, air cc._..-.-_ioni^ and ventilation inspection/work as necessary or to assess ocher poss;ble p blems or work as required. The Lessor shall not a' -use the t icht of access or use it to harass the "Lessee. -xcept _n cases of emergencies, or unless :t is impracticable to do so, .. Lessor _:ia '_ _ ve the Lessee at least twenty-four (24) hours nonce of its _..tent to enter and may enter only at reasonable tires. 21 =EF hD7; NKENT. Lessee is recuired to nctiiv the %ire Ctor o Par}: Fcr_.stry & Recrea _-or or designee if Lessee will not occupy -ts s t,_._lc. fc- ,,,-,ra than sever Consecuti.'e days. t-.e Lessee c3a^.^_ ns the for th___,� CvnseCu __,�e days or mo e, T s,._ £Ball attempt tD fen_ u..=t the cl_rent _e.__al rate. 'h'_s shall _nc_..Ce :he 11 LEE SSEE -%TE _.i 0 General Rules Page Ten acceptance of reasonable subleases. if one lienscr F=etiF in the unit at the carren: rental race, the amohn"n; Lszs_s liable for the amount due from the Me M a1an±=en: LD one rental agreement: approved by the Lessor. if zhe Lessar as nswznss!i- at re -renting the unit, the aban6c=rng Lessee cha-1 -%, due for the period of the ren:a! agreement In ellner even" 1 t Lessee shall be liable for all expenses = :-Ti-Fe-zi by Lessor as a result of Lessees Qwndonme= car ncn nEe W space. 22 PARKING REGULATIONS, Annual parking permits 5 em, " :1 to h - 2 E -'� separately in. monthly `nsta2.menrs to the :nss" anG are = Se pz.: on or before the first of each month. Parking pErnin fees un mn-- prorated. All annual parking permAs issued w:11 he .=Q:eA fzr ite entire year and are no: returns_..-. --h-; of are transferred. There will be a 525.CO annual permits which are to be reissued w0ess: e;:nzy- :ne CA permit or remnants of the old permit is returned c2splo=q the 12-- num�rer and the permit n,--mber mini-ma'-2y; cr 2) pro=E by a tM 0 ---- is procluced as evidence of no longer o,,.,ning the Monthly, and annual parking permits f=r the NCAC parking Lot r5l ar_- authorized only for leaseholders, sublessees, staff anc,,--�r E7udenzs • attending classes at Noyes on a Vey--'ar 'oasis. Par--.-n= per77'--s are n',- to be transferred to vehicles othrer than the vehir:e f2r Y�zch ine permit was issued unless prior written approvC by the Wrec:cr & Parks/Foresr.ry & Recreation :s: Wta"ed. Parking :eyes Is limited to attendance at the NCAC. Par'K-:-:9 Perm_o -�r--'vilegEs be considered by the Director of parks/Forez-.r*y & :.efreazion cr �ieszin'ee for other regular NCAC users on a case-hy-case basis. All Forms must be signed by the Leaseholder or the Leasehc-6er's prior smitten and arranged designee. and by an _.CAC staff me7ker before parking permits can be purchasei. Temporary one day parking permits a r e avai : a!:,,: e for Is attending spec -al functions at the Center, and for -visitors, and others who are pre -approved by the Director of Parr:s/Fzrestry & Recreat-c;n or designee. Temporary parking permits are not aiaflatle to parents or caregivers waiting for st-adents attending classes. Lessee anderstwds, and will inform i:s staff, and patrons to observe all posted parking rejularions. Parking permf:s will no: be issued to indfvAuals with an expired HrMrs :zcwse. Resolution of all parking citations i ssue I to lesnee for the N C.L.2 _Or is a prerequ--site ,:., rene-,,:a: of zh�-s Lease. 0 LESSEE DATE • 0 T L:-R COS" _. CvI•i;l"j.-Ni':y i:`;_. SrnL. SESSe:. s—:1 3t'E _he rig —_ to .:se .on_v _.... _eased prey, i ses descr' bed on page z1 'n the lease Jfor L: e operat.c7. C' its day-to-day activities as written in 'rppendix. A, 'LeEcee ma`s i'_ ` , time to time, pursuant. to arrangements made in advance Witt and approved by the Director of Parks/:orestry & Recreation or des'cnee , male use of certain other areas, _.e., the Theatre, Stu';io ..106 or the A'cyes Center Galleries (see -info on Gallery usage below) or other areas on a fee basis. (See fee matrix attached for Lessee Yates.) Lessees us_ng the above spaces for purposes ether than arts activities or an arts activity other than as written in Appendix A `ill be ci-arced rates as establis-ed for nonresident Lessee users posted in the community uCe rental ouidel4nes and may be required to provide additional ins•'trance. When the use of said areas involves the execution of a comrmunity service project and when the Lessee offers a program of cultural significance to the public free of charge, such rates may be wa v:ed at the discretion of the Director of Parks/:orestry & Recreation or designee upon°hitter. ?"e6llESC and prior approval For the arranvemC*t. Rental cost of Commu_:ity use space waived will not be in e:_cEss of the dol_a., value of the required comrrun_ty service pY ;ec... See fi.c?enc:_. R 2. NO ES CENTER GjkLLER`.'. Lessee may from tame to ..-m.e, c•vrsuant tc • arrangements made in advance with. and approved by the L'irect.or of Parks/Forestry & Rec_eazi= c_ oeSig::ee Take _se o-- t::e No, ea Center Gallery (ies) on a fee .,asis at rates established. If _'r.e use cf said areas involves the execution of a com..munity service _ -oject `.;here the Lessee offers a program of ,_,Itural significance to the ^.-blic tree cf charge, such rates may be waived at the discreticn of theDi.Z'ector of Parks/Forestry & Recreation or designee upon w__tten __guest and prior approval for the arraneement, made at the time the community service project i.s proposed. �n extenuating circumstances a request may also be made at least thirty (30) calendar days before the community service protect. 3. UTILITIES. a. Lessor gees to pay all water, and 1- `t charges �as, however, additional fees~ as listed on the (see Appendix D, Race ...,._ , attached fee nat�...: could apply anytime and/or if excessive sage as determined by lessor occurs aPny ti�Se durtnc the term of the Lase. �. Lessees writ be D111Ed �.. the fo21G'.-ing manner for the -_,se Of G__ cc:d Goners and a__-hFn,,__n❑ �..__s. asE Pre^'_ses ran es betw-een .. an cGJ sc::are.,,t>nth Your Leased prem.:.ses ra,ngeE ..vE: 560 ,square fee- and up ,... a ,...;O sq:;a:'e feet. 5130. 0'0 per month if your _tud G ranges over 1, 30C are _EE- and ,:v tG _, _„0 sc-'are feet. c,=E.10 per mc- .. if _ L sec -rE-._s __ • LESSEE D.? H 'C5 Appendix D Page Two Continued ranges 0'.-er 2,03Z sqWare fee:. :no :Ses lit IZIMSC: ::: ire -Z�Is Z- wune, july, Augzs: an! sep:emner. 7ne =nL.y fee ansessmen: aallss to each air ccniicioning and :or a. Y nanal m eazn SMA: z. I a nd Windo-,�- air-condiao�n; unizz mnF: to remcn-et � no: =� wEe window, window sills, frames, glass an- __ - _:E71 re their oricin& condition winh :he came maneraal and qualiny as the: installed it Hme of occupancy, ant a� :�Essee s ex'r-anse. are Will not be combined zo Wculare the use cf aLr fo;r more than one leased space. Fees w:: : no: oe 7rora-Le,-; fcr pa:--,.-' c.. moniih's use of air conditioners or air lwn�lnq uni:s- mcnth:,y fees as above will be assessed tc lessee -- Elir condizicners anc/:r &:r- handling units are used during other months and wil: n:z be yrc:ared. Air c on d i ti on e r in n i is can be lef: L n n c c; ".. s Or cn permission is obtained from Cre o-f or dwignee. Air conditioning units mnsi be proper2y insu:awd no minimize energy exhauezion as dezer-Tfned r-y Lessor. Failure to remcve air-conditicning units from Ccrober 1" through May 3Y M each year will result in an assessment of uFa3s char2e for each mcn:h or any portion of a month the urns are inwall-ed See attached Mppendix Zn Page Four! 1"t i : i t y Fees and - der Cn a r 9 e s Associated with NCAC • 5. ASSOC--A7ED EXPENSES. If for any reason a:wrautKle oo hemee cr those holding under Lessee, a Noyes staff ...ember, Fa=ilities Management staff, Contraccor/Rub -Ccry rector, or agent of the of has to return to the n holidays or __ter the employees normal w06,: shift(s) , Lessee will incur the cost of the: emplcqee's salary, plus any charges imposed an or billed to the 1C:TY CF MKIEWN by service agencies such as the Security Alarm the 2-.!anston Po---ce and/or Fire :;epartmen:, or c:*ner charge the C-z,.,, as a of such extra work. Lessee shall pay all owns associated %,.,izh, t n c t limited tcl: telephone inszallaticn (s) or he telephone Service (S) , parking permirs, custodial and/cr staff overtime charges, and other c.-:Frges as outlined in this lease or necessitated by the nature of Lessee's/Sublessee's activities or actions. Prior -µ-r-t:en approval is needed from :he Director of ParRs/Fcrestry & Recreate..._ cr desznee in order to perform any licensed trade work, such as but not limited to addizional electrical pz-oer provided t 0 Lessee's S t u d i o ", s) , �ns:alllat-cn :�r relocation of elec:rical outlets, p-umcing, carpenzq-,, work, SEZ building for performance a: l, and all construction of temperar-y or permanent installations connected to =r resting on the foundations nails_ ceilings, floors an ,'or exi-Ming sorfaws wim to and durnng Lessees :ease of Ow space. All such work must he performed pursuant za applicab:e permits and an acccrcance -.--'zh all app2i=atle legiVation. Lessee's failure to obtain pr:cr written aloproval andior appl-cca-�le perrr.L:s *zefcre =erf3r7"ng a7V licensed -rafe work may an Lesscrls option consznu:e a ma:erial breach M :his Lease • and result in term-,naz--.on cf, ..his -`,Ease- LESSEE DATE Appendix D Page 27b FY 07/08 FEE DESCRIPTION NOTES AIR CONDITIONERS & AIR $ 86.00 Monthly fee for studios ranging between 1-500 sq. ft. HANDLING UNITS 116. 00 Monthly fee for studios ranging over 500 and up to 1,000 sq. ft. $ ----.144.00 Monthly fee for studios ranging over 1,000 and up to2000 sq. i Monthly fee for studios over 2,000 sq. ft. �First two (2) keys to all Leased spaces with a Lessor installed lock are free, $3.00 fee for KEYS $ 3.00 ;each additional key except in cases when Lessor incurs a charge more than $3.00 per key reproduce. KILNS" TBA ¢Monthly fee for tabletop models f BA jMonthly fee for floor models NOYES"GALLERIES $ 40.00 lHourly rate for all users PARkWG- L6T #51 $ 25 . [Monthly fee for each permit for Leaseholders & Sublessees $ 15.00 Monthly fee for all non -Leaseholders & Sublessees -S,-6d Dail fee for each permit Flat daily rate for all users if Bldg is occupied other than normal Bldg, SERVICE (UTILITY) FEE i $ 61,00 hours. See Appendix E. i stumd#-106 S 26.00 ITenant ratelhourly for performances relative to lease !Same rate if Theatre is used $ 21.00 Tenant rate/hourly for all other arts activities relative to lease !Same rate if Theatre is used S 40.00 ',Tenant ratelhourly for reception relative to Lessee's approved activities. $ 42-00 Hourly rate for non-tenant/Evanston Not -for -Profit Organizations $ 53.00 :Hourly rate for non -tenant Individuals & Organizations 3 Flat rate per week of $905 00 if THEATRE $ 52.00 :Hourly rate for non-terianUEvanston Not -for -Profit Organizations Theatre leased minimum of six consecutive weeks. Flat rate per week of $905 00 if $ 75.00 ;Hourly rate for non -tenant Individuals & Organizations Theatre :eased minirriLirn of six I �conseCuljve weeks. LESSEE: PATE I TIME Or UI-E. will nlaVc to use its leased premises on. - an:i days of of eration of the NCAC. Said mav be _.`--anqeJ b-,.- Lessor. In the event of sur-h char11ceE-, _, a of hours, Lessee will not be entitled to a reduc�ion in rent or community service obligatfons. Unless j-ccjuired by t'-Ie best interests or pa-rtir-,-,2.ar concit: . .orjs the hours shall be oiDen hours between 7: 30 a.m. and 11:00 p.m. , Monday through Saturday, and 10:00 a.m. ;,,,nd 6:C'0 The Cenei will be closed on t'ne follriding dates in observance of : • Fourth of Ju,,,,, 'i,.lednesda 4, 210C-7 y - 2 • Labcr Da � , �, Nlondav, scp!:cirber 3, 2007 • Than)- sc ii- --na, -rM.,rsdav and No,.ember 22, and 23, 2007 • Christmas Eve, Vlonday, December. 24, 2007 • Christmas Day, Tuesday, December 25, 20007 .0 New Year's Eve, Monday, December 32, 2007 • New Year's Day, Tuesdav, januar), 1, 2008 • Martin Luther I'ling's Birth -day, Monday, January 14, 2008 Aral any other days/hc2ijays !s) as observed by the City of Evanston. The Director of Parks/Forestry & Recreation or designee will notify Lessee of additional dates the NCAC will be closed. The Lessee may, by written arrangement- with the Director of Parks/Forestry & Recreation or designee, use the leased premises or other rental spaces during other than normal hours and days of operation. in this event, Lessee w-41-1 pay for overtime Custodial charges necessary to keep/have the Center open beyond normal building houirs in addition to a $61.00 service fee ut_lity charae), and rental charges associated with rental space and equipment if applicable. LESSEE DATE 14 in the evert fewer than all Cc -Lessees :e.7una__ -' -- Lessee can request approval from he Lessor hat .;...��'.�_ __ ac�L-�.,"@C _c either sublease or approval for the the leaf_ _o-.... --- guidelines outlined in the Stu•din apal_cat_cn paw'--_: m,_'s.. _ne a___.._ ed -- remaining Lessee (co-.essee, not Sublessee; is the wn2y pe_-_cn ncw _n ine Lease and is not an Evanston resident, said 72n-_Fcn9t=.. _es_* : s e_ - to be accepted as the sole Lessee by the LeMScr anQc. r t:;rou::ter-,inat__n date of the lease. :he non -Evanston resident. =- ass'umE the 20 s.;rMarge for the entire space if they are accepted as the We _ecure and nc surcharge will not exceed cost applicable to zotal square feet of :Facec space. if the remaining party was approved as a Sublessee, ....e Suv_cssee's term will end at the same time the Lessee's _erm ends and _ he _e used _ _erg _ses will be placed on the market. The Sublessee ma.. . _ '-y along coher applicants applying for the Leased Premises. LESSEE DATE 19 • • • • APPENDIX G Neves Lease for Terns: 8/1/0? through 2/29,08 INSURANCE REQUIREMENTS TYPE OF INSURANCE -hirty day notice of cancellation Reaui_ed on all certificates Commercial General Liability including: 1. ComoT ehensive form 2. Premises - operations 3. Explcsio.n & Collapse Hazard . Tnderaround Hazard 5. Products/Completed Operations Hazard 6. Contractual Insurance - with an - endorsement on the face of the certificate that it includes the "indemnity" language set forth in paragraph 13 of the lease. 7. Broad Form Property Damage - construction projects only. 8. I.ndeUendent contractors 9. Personal Injury. Automobile Liability Owned, Non -awned or Rented (as related To Tenants activities for leased space) Workmen's Compensation, and Occi.,.pational Diseases Emp lo,,ar' s Liability LESSEE- DATE MINIMUM INSURANCE COVERAGE Bodily injury and Property Damage Consequent Death Each Occurrence Aggregate $1,000,000 $1,000,000 The Insurance Certificate Must State That The City of Evanston is Named as Additional Insured $1,000,000. $1,000,000 As required by applicable laws. $500,000 30 C, M:SC___.I; ECjS DE. T_?TITIONS E I?SIT:--N r._.-.-1-mericans With ✓isa✓1__,. es Act Evanston Parks/Foreszzy & Recreation Department ills: His/Her/The _ thESS_E) Lease Holder: Lessees, Co -Lessees, Sublessees .MSC..., City u_ _vanszcn .- CAV hcyes C•,:lt.:ral Art Center , OSHA pr,.i.na'-�mnal a-:d Safety Art- QF 1980 ,-._ :DEBT; if current drivers license and voters registration card shck:s residency in Evanscon • • LESSEE DATE 017/3/2007 0 3T-R-07 } s • Authorizing the City Manager to Enter Into an Agreement with EVMARK WHEREAS, the City of Evanston established Special Service Area No. 4 pursuant to Ordinance 45-0-87, and renewed Special Service Area No. 4 pursuant to Ordinance 47-0-92 (five years), 116-0-96 (ten years) and 67-0-07 (twelve years, four months and eighteen days) until December 31, 2019; and WHEREAS, Evanston Special Service Area No. 4 has been established and extended in order to provide certain public services which will supplement services currently or customarily provided by the City to the area and to assist the promotion, marketing, and advertisement of the area in order to attract businesses and consumers; and WHEREAS, it is in the best interest of the City that the City retain EVMARK, an Illinois not -for -profit corporation to provide planning, administration and management for Special Service Area No. 4; and WHEREAS, the City Manager has negotiated an exclusive administration agreement with EVMARK, an Illinois not -for -profit corporation, to provide planning, administration and management services for Evanston Special Service Area No. 4, THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS: SECTION 1: That the City Manager is hereby authorized and directed to 9 sign and the City Clerk hereby authorized to attest on behalf of the City of Evanston an 37-R-07 0 0- Exclusive Implementation Agreement for Evanston Special Service Area No. 4. Said Agreement is marked an Exhibit #1 attached hereto and incorporated herein by reference. SECTION 2: That the City Manager is hereby authorized and directed to negotiate any additional terms and conditions as may be determined to be in the best interests of the City. SECTION 3: That this Resolution shall be in full force and effect from and after its passage and approval in the manner provided by law. Attest: Mary kw City Clerk lo Adopted: A)-4f 2007 0 orraine H. Morton, Mayor -2- • 4 • EXHIBIT #1 IMPLEMENTATION AGREEMENT FOR EVANSTON SPECIAL SERVICE AREA NO. 4 -3- • • E IMPLEMENTATION AGREEMENT FOR EVANSTON SPECIAL SERVICE AREA NO. 4 The City of Evanston ("City") and EVIVIARK, an Illinois not for profit corporation ("Corporation") agree as set forth in this Implementation Agreement for Evanston Special Service Area No. 4 ("the Agreement"). RECITALS A. The City established the City of Evanston Special Service Area No. 4, pursuant to Ordinance No. 45-0-87 (the "Ordinance"), and renewed such Service Areas through Ordinance No. 49-0-92 and Ordinance 52-0-97 and Ordinance 67-0-07, enacted by the City Council of the City of Evanston (the "City Council") in the exercise of the City's home rule powers and pursuant to the provisions of Chapter 120, Paragraph 1301 et seq. of the Illinois Revised Statutes. B. Evanston Special Service Area No, 4 is a contiguous area within the City outlined on the attached map and commonly referred to as the Evanston Central Business District ("ECBD"). The territory of the Evanston Special Service Area No. 4 (the "District") is legally described in Exhibit A, which is attached to and made a part of this Agreement. C. Evanston Special Service. Area No. 4 has been established in order to provide certain marketing, advertisement, promotional activities in order to attract businesses and consumers to the district, and to develop and promote economic development activities, and also to provide certain public services which supplement services which are currently or customarily provided by the City to the District, D. The Corporation is an Illinois not -for -profit corporation organized for the purpose of enhancing and promoting downtown Evanston, Illinois. EVMARK is a private not- for -profit corporation as designated by the State of Illinois with a 501 (c) (6) federal tax status as determined by the U. S. Internal Revenue Service. E. It is in the public interest that the Corporation participates in the planning, implementation and management of Evanston Special Service Area No. 4. ARTICLE 1: SCOPE OF CORPORATION'S SERVICE 101. Corporation to Implement Evanston Special Service Area No. 4: The City retains and the Corporation agrees to be retained by the City for the purpose of planning, implementing, and managing Evanston Special Service Area No. 4. The services to be performed by the Corporation. shall include: 9, A. Promotional Services: Promotional Services shall include but not be limited to promoting, advertising, recruiting, and pursuing other economic development -11- activities on behalf of the District ("Promotional Services") for the purpose of attracting businesses and consumers to the District. Promotional Services may include but not be limited to, marketing, and advertising the District in print and electronic media, specific recruitment of new businesses, listing and hosting of events, and such other actions that in the judgment of the Corporation, will foster and promote the District. All Promotional Services will be directed toward marketing the District as a whole, and will not be used to exclusively advertise any particular business or property owner within the District. B. Supplemental Services: Supplemental Services shall include but not be limited to providing certain public services including maintenance supplemental services to the District that will supplement the services currently or customarily provided by the City to the District. The Supplemental Services to be provided by the Corporation shall be those that the District needs and the City is not able or available to perform on as timely, economical, and efficient basis as an independent provider of such services. Supplemental Services shall be those which are determined by the Corporation through agreement by the Board of Directors, which includes representation from the City. The Corporation shall provide those services to the territory which are set forth in Exhibit A. C. Administrative .Services: The Corporation will be responsible for the daily administrative activities on behalf of the District. These services are to be provided by at least two full time employees or their equivalent and/or contract employees as determined by the Corporation, D. Economic Develooment Services: The Board may determine from time to time that certain economic development activities are necessary. •102. Corporation Contracts for Supplemental Services: The Corporation shall enter into contract negotiations with potential providers of the Supplemental Services. After receiving any approval from the City Manager of the City of Evanston, or his/her designee, (the "City Manager") and/or the City Council necessary under Section 302, the Corporation will enter into contracts for the performance of each Supplemental Service. 103. Corporation to Provide Promotional Services: The Corporation shall provide such Promotional Services for the District as the Corporation shall, from time to time, determine as beneficial for the District. The Corporation may also enter into contracts with providers of Promotional Services to perform Promotional Services for the District. 104. Additional Services: In addition to the services set forth in Sections 101 through 103 of this Agreement, the Corporation may engage in such other services ("Additional Services") in connection with Evanston Special Service Area No. 4 as the Corporation Board of Directors may determine. 105. Submittals: The Corporation shall prepare a program report ("Program Report") for each of the fiscal years of the City ("Fiscal Year") which occur during the term of this Agreement. The Program Report shall describe the Corporation's activities during that Fiscal Year and shall be submitted to the City Council and the City Manager at the -2- • U • appropriate time for the tax levy Ordinance but no later than sixty (60) days prior to the beginning of the next Fiscal Year. The Corporation's Annual Audit shall also be submitted as part of the Program Report. The Program Report shall highlight the activities of the previous year and set forth the goals and budget for the upcoming year and in addition, specify the Supplemental Services and Promotional Services which the Corporation desires to have performed in the upcoming Fiscal Year and an estimate of the costs of providing the proposed Supplemental Services, Promotional Services, Economic Development Services and Administrative Services. The Corporation will also submit to the City Manager for consideration by the appropriate entity the annual proposed budget, as described in Article 11, for the next Fiscal Year. 106, Exclusive Provider of Services: During the term of this Agreement, the Corporation shall be the exclusive provider of all services set forth in this Article 1, and the City covenants and agrees not to enter into any agreement for the provision of such services with any other person, corporation, partnership or other legal entity during the term of this Agreement without obtaining the prior written consent of the Corporation. The City may terminate the contract with EVMARK for cause which includes but is not limited to a) timely submission of the Corporation's budget to the City and b) the failure to hold two public meetings annually. EVMARK shall be given a 30 day notice to cure, 107. Services to be provided: The services to be provided as set forth shall include but not be limited to: Evmarl Services: Two Programming Categories- Seen & Unseen Management of the Corporation Management of Maintenance Contract Work with the City and other local partners on issues to improve downtown, Marketing by promoting downtown Evanston as vibrant, attractive, and fun to consumers and investors Information to property owners and tenants regarding construction projects EVMark's Key Maintenance Activities-. Services supplementing City Services Trash & litter removal five days a week Sidewalk sweeping, cleaning, power wash Special Spring & Fall Clean -Up Landscaping & Seasonal Maintenance Downtown Planters Maintenance EVMark's Key Marketing Activities: Create & support image of Downtown as the place to shop, work, live and play Conduct Public Relations Produce Collateral Materials -3- L� • Advertise downtown to shoppers, diners, office users and residents in general circulation, electronic media, trade publications and radio and television. Partner with other organizations for advertising and events Produce Special Events Respond to market conditions Holiday Banners 201. Special Service Area Budget and Tax Levy Recommendations: A. Budget; The Corporation shall prepare a budget ("Special Service Area Budget") for each Fiscal Year during the term of this Agreement. The Special Service Area Budget shall be submitted to the City Manager no later than September 15 or ninety (90) days prior to the beginning of the Fiscal Year, which ever is earlier The Special Service Area No. 4 Budget shall set forth as accurate an estimate as possible of the following items: 1. Amounts expected to be needed in the Fiscal Year to pay the direct program costs ("Program Costs") for providing: a.) Promotional Services for the District, b.) Supplemental Services for the District, c.) Additional Services for the District, and d.) City Services (defined in Section 301). 2. Amounts expected to be needed in the Fiscal Year to pay for administrative (including heath and related insurance costs) and operating expenses incurred by the Corporation in connection with its performance under the Agreement. (Corporation Expenses) B. Tax Lew At the same time the Corporation submits the Special Service Area Budget to the City Manager, the Corporation will also submit as accurate as possible an estimate for the amount of the tax which must be levied during the Fiscal Year to fund the costs and expenditures set forth in the Special Service Area Budget ("Corporation's Tax Recommendations"). This estimate must be consistent with the tax projections set forth in Ordinance 67-0-07. C. City Funding: : In addition to the Corporation's Tax Recommendation a request may also be submitted to the City Manager requesting additional City funding to -4- 4 t meet the Corporation's needs to fund the costs and expenditures of the Annual Budget ("Additional Funding"). D. Budget Review Process: Once submitted to the City Manager, the Special Service Area Budget and Tax Levy will be reviewed by a designated Committee of the City Council. When said Committee approves the Special Service Area Budget and the Tax Levy, the Special Service Area Budget and the Tax Levy will be submitted for City Council approval. E. Revisions: The Corporation agrees that at the request of the City Council or City Manager, it will consider revising the Special Service Area Budget and the Corporation's Tax Recommendations and request for City Funds as the City Council or City Manager may deem necessary. F. Reports: The Corporation agrees that it shall provide reports to the City Council twice a year outlining the Corporation's activities. 202. Corporation's Representative: The Corporation shall designate a person to act as its representative in connection with all its communications and dealings with the City Manager and City Council under this Agreement. The Corporation may appoint a different representative only with prior written notice to the City Manager and the City Council. Sr 203. Corporation's Contractual Liability: The Corporation shall be solely responsible 16 for: A. The cost of Supplemental Services, Promotional Services, Additional Services, Administrative Services, and the Corporation's Expenses that exceed the amounts allocated for such items in the City's annual allocation (defined in Section 303). 204. Corporation's Liability Insurance: The Corporation shall obtain general liability insurance in such form and in such amounts as will be approved by the City Manager or his/her designee. In connection with providing Supplemental Services and Additional Services, if any, to the Territory, as practical, the Corporation will enter into contract only with providers of such services that have procured general liability insurance, and the Corporation shall require, as practical, such providers to furnish certificates of general liability insurance to the City Manager or his designate, and the Corporation, which certificates shall name the City as an additional insured, and shall provide coverage in amounts to be approved by the City. The Corporation shall provide other insurance as deemed necessary by the City. ARTICLE III: RESPONSIBILITY OF CITY COUNCIL AND CITY MANAGER 301. City Services: The City shall provide those services to the District ("City Services") as set forth in the City Budget, To the extent that the City and the -5- Corporation have agreed that any or all of these services require reimbursement by the • Corporation, no later thar! thirty (30) days prior to the beginning of each Fiscal Year, the City Manager shall provide to the Corporation as accurate an estimate as possible of the costs of providing City Services. To the extent that the Corporation has agreed that such City Services are reimbursable, the amounts due and owing for City Services shall be paid with a portion of the proceeds of the taxes levied to fund Evanston Special Service Area No. 4. Also, the City and the Corporation may determine that some services normally provided by the City are better provided by the Corporation. A mutually agreeable schedule of reimbursement to the Corporation will be finalized no later than thirty (30) days prior to the beginning of the Fiscal Year. All contracts for Maintenance Supplemental Services must be approved by the City Council. 302, City Manager Approval: Prior to entering into any contracts for performance of Supplemental Maintenance Services, the Corporation shall submit to the City Manager: A. Providers: The name of any potential provider of Supplemental Maintenance Services, unless the City Manager has given his/her previous approval of such provider under this Agreement; and B. Services: A description of any proposed physical improvements to be made within District as part of any Supplemental Maintenance Services and the manner and technique to be used in performing such improvements. The City Manager, or his/her designee, shall have thirty (30) business days after receiving the name of a provider of Supplemental Services or description of physical improvements, as the case may be, to have said services reviewed and approved by the City Council and it shall be the responsibility to inform the Corporation in writing of the City Council's approval or objection. If the City Council's objection or approval is not received by the Corporation within thirty (30) business days, the approval shall be deemed granted, and in such circumstances, the Corporation is authorized to contract and undertake such service or improvement, as the case may be. C. Notice to Corporation: If the City plans to enter into any contracts, perform the Supplemental Services, or does any capital work in the District, the City shall provide the Corporation with no less than thirty (30) days notice. 303. Adoption of City's Special Service Area Budget and Tax Levy Ordinance: The City Council covenants and agrees to consider in good faith the Special Service Area Budget and the Corporation's Tax Recommendations, but in no event shall the City Council be obligated to adopt the Special Service Area Budget or approve the Corporation's Tax Recommendations. For purposes of this Agreement, the budget adopted by the City Council for Evanston Special Service Area No, 4 shall be known as the "City's Special Area Budget" and the ordinance adopted for the levy of taxes to fund Evanston Special Service Area No. 4 shall be known as the "Tax Levy Ordinance," The City Council covenants and agrees that in approving the City's Special Service Area Budget and Tax Levy Ordinance, it will at all times comply with the requirements set forth in Chapter 120, Paragraph 1301 et. Seq of the Illinois Revised Statutes, including W0 E 6 that it will not enact a t ax levy ordinance that would exceed the maximum rate of taxes authorized to be extended in any one year by the Ordinance. • 304. Delivery of City's Special Service Area Budget and Tax Levy Ordinance: Within five (5) business days after the adoption of the City's Special Area Budget and Tax Levy Ordinance, the City Manager will deliver a complete and accurate copy of the City's Special Service Area Budget and Tax Levy Ordinance to the Corporation, and any other documents which the Corporation shall reasonably request as necessary to carry out its duties under this Agreement. 305. City's Limited Liability: The City shall have no responsibility for: Any services (including, but not limited to: Supplemental Maintenance Services, Promotional Services, Administrative Services/Cost, Additional Services, and Corporation Expenses) that exceed the amounts allocated for such items in the City's allocation. 306, City Representative: The City designates the City Manager to act as its representative in connection with all its communications and dealings with the Corporation under this Agreement. ARTICLE IV: PAYMENT TO CORPORATION 401. Payment to the Corporation: The City shall pay the Corporation the monies set forth in the Special Service Area No. 4 Levy Ordinance and the Additional Funds as approved by the City pursuant to Paragraph,201 in quarterly installments. All Special Service Area Tax Proceeds ("Tax Proceeds") shall, as soon as collected, be placed by the City in an account which will be physically segregated from all other funds of the City. Upon receipt of an invoice from the Corporation, the City shall pay to the Corporation all of the Tax Proceeds received to date minus an amount of the Tax Proceeds to be retained by the City to pay for City Services, if a written agreement in this regard is in place. The amount to be retained by the City shall be the percentage of the total Tax Proceeds received during such month which is the same percentage as the percentage of the City Special Service Area Budget for that Fiscal Year which was allocated for the payment of City Services, if applicable. 402. Corporation Segregates Payments: A. Citv Payments: The Corporation shall place all Tax Proceeds paid to it by the City Council in an account known as the "Evanston Special Service Area Tax Levy Fund" which will be physically segregated from all other funds of the Corporation. The Corporation shall use the Tax Proceeds placed in the Evanston Special Service Area Tax Levy Fund exclusively for the following purposes: —7— • 11 1. Payment of Program Costs for Supplemental, Promotional, • Economic Development, Administrative or Additional Services to the District; and 2. Payment of Administrative/Corporation Expenses, B. Additional Pavments: The Corporation shall place all Additional Funds Proceeds paid it by the City Council in an account known as the "Evanston Additional Funds" which will be physically segregated from all other funds of the Corporation. The Corporation shall use the Additional Funds Proceeds placed in the Additional Funds Proceeds Fund exclusively for the following purposes: 9. Payment of Program Costs for Supplemental, Promotional, Economic Development, Administrative or Additional Services to the District', and 2. Payment of Administrative/Corporation Expenses. 403, Inspection of Accounts: The Corporation shall keep accurate accounts of all its activities and of all its receipts and expenditures in connection with Evanston Special Service Area No. 4 and any Additional Funds, and shall keep such accounts open for inspection by the City Manager, City Finance Director, and City Council at the offices of the Corporation during normal business hours. 404. Financial Statements of Corporation: The Corporation shall submit to the City Manager and City Council an audited financial statement of the Corporation at the time of the submission of the annual budget and Program Report. ARTICLE V: TERM 501. Term: The initial term of this Agreement shall be for one year, four months and 18 days until December 31, 2008, with an annual review and approval considered at the time of the Corporation's submission of the annual Special Service Area Budget. This Agreement will be renewed by the City by the action of the approval of the proposed tax levy and/or subsequent approval by the City Council of an additional payment of City funds. The annual budget shall be submitted to the City no later by September 15 of the calendar year. No renewal may extend beyond the termination of the Evanston Special Service No. 4. ARTICLE VI: GENERAL PROVISIONS 601. Meetings The Corporation shall hold a minimum of two meetings in each calendar year which shall be open to the public. Notice of said meetings shall be posted in a prominent location in the Corporation office and shall be posted on the Corporation's website. • i #1 602, Warrants: The Corporation warrants that no person or selling agency has been employed or retained to solicit or secure this Agreement, on behalf of the Corporation, upon an agreement or understanding for a commission, percentage, brokerage, or contingent fee, excepting bona fide employees of the Corporation. 603. Ownership of Documents: All documents developed by the Corporation under this Agreement are and shall remain the property of both this Corporation and the City. 604. Equal Emplovment Opportunities: The Corporation will not discriminate, directly or indirectly, on the grounds of race, color, religion, sex, age, or national origin in its employment practices, under this Agreement. The Corporation agrees to comply with all provisions of the City of Evanston Fair Employment Practices Ordinance. The Corporation further agrees that is will make a good faith effort to assure that qualified minority business enterprises are solicited to provide Supplemental Services, Promotional Services and Additional Services, if any, in connection with Evanston Special Service Area No 4. 605 Force Maieure: The Corporation shall not be in default under this Agreement to the extent that is prevented from or delayed in performance of its obligations under this Agreement by any event or condition beyond its reasonable control, including, but no limited to, strikes or other work stoppages, war, acts of civil or military authorities, earthquakes, tornados, and acts of the City. 606. Corporation By -Laws The By -Laws of the Corporation are attached hereto and incorporated herein by reference. Said By -Laws may be reviewed and amended from • time to time by the Corporation. Any such amendments of said By-laws shall be provided to the City for information. 607 Notices: All notices under this Agreement shall be in writing except in case of emergency and shall be delivered or mailed by first class mail, if to the Corporation, at: EVMARK Corporation 1560 Sherman Avenue Suite 860 Evanston, Illinois 60201 Attention: EVMARK Executive Director and, if to the City, at: EVANSTON CIVIC CENTER 2100 Ridge Avenue Evanston, Illinois 60201 Attention: City Manager t • 0 or such other address as either the Corporation or the City shall designate by notice to the other. Notices shall be considered given when delivered or three (3) days after being deposited in the mail, 608. Miscellaneous: A. The covenants and agreements herein contained shall be binding upon and inure to the benefit of the patties and their respective successors and assigns. Notwithstanding the foregoing, the rights and benefits of the Corporation under this Agreement are personal to the Corporation and may not be assigned to any other party or entity. B. This Agreement, including all Exhibits attached hereto, constitutes the entire agreement between the parties with respect to the transactions contemplated by this Agreement, there is not another agreement between the parties except as herein specifically set forth, and all prior or contemporaneous agreements, understandings, representations and statements, oral or written, made by the Corporation and the City or their respective employees or agents, respecting any aspects of the transitions contemplated by this Agreement are merged into the terms of this Agreement. C. This Agreement shall be interpreted, applied and enforced in accordance with the laws of the State of Illinois. If any provision hereof is in conflict with any statue or rule of law of the State of Illinois, or is otherwise enforceable, such provision shall be deemed null and void only to the extent of such conflict or unenforceability, and shall be deemed separate from and shall not invalidate any other provision of this Agreement. is D. If the date for performance of the obligations of either the Corporation or the City under this Agreement falls on a Saturday, Sunday, or legal holiday, the time for performance shall be extended to the next succeeding business day. 0 E. The captions contained in this Agreement are for convenience of reference only, and in no way define, describe or limit the scope or intent of this Agreement or any of the provisions hereof. F. For convenience, :this Agreement may be executed in any number of counterparts, each of which shall be deemed to be an original, and all of such counterparts when taken together shall constitute but one and the same document which shall be sufficiently evidenced by any such executed counterpart. G. As used in this Agreement, the term "person" shall include corporations or other organizations, partnerships, or other entities, or individuals, the singular shall include the plural, whenever appropriate, and all necessary grammatical changes required to make the provisions of this Agreement applicable as herein described shall in all cases be assumed as though in each case fully expressed. —10— G • 0 I �- Diane Williams, Executive Director EVMARK Date: q -'zo - 0 7 0 1 4 -I a-d7h A i li A. Carroll, City Manager Carroll, EVAINSTON , 2007 Date: 10.-(-07 2007 -11- L_J G EXHIBIT A EVANSTON SPECIAL SERVICE AREA NO. 4 EXPANDED .. D TERRITORY MAP AND STREET LOCATIONS ........ ......... . ...... .......... . . . 11-O,EWSOY PL .......... SCO .......... ..... ........... 0 00 ......... . ... .... ....... F ee: Expanded SSA4 61,dding Existing SSA4 Tax Patted a 0 C] 7/23/2007 3S-R-07 A RESOLUTION Authorizing the City Manager to Sign a Letter of Intent with the Illinois Department of Transportation regarding project scope and City funding participation in the Emerson Street Bridge Project over the North Shore Channel WHEREAS, the Illinois Department of Transportation (hereinafter "IDOT"), is currently engaged in preliminary engineering and environmental studies for replacing the functionally obsolete bridge carrying Emerson Street over the North Shore Channel in 2008, hereinafter referred to as the PROJECT; and WHEREAS, the PROJECT's scope of work generally. consists of removing and replacing the existing bridge with a wider bridge to allow for separate sidewalks and bike lanes; and WHEREAS, the Emerson Street Bridge is an approved Evanston Bike Route that makes bicycle connections to the Skokie Bike Path System; and WHEREAS, the City will have no funding involvement in the PROJECT other than ,paying one hundred percent (100%) of the cost associated with upgrading the lighting within the PROJECT I-imits and relocating any City utilities impacted by the PROJECT; and WHEREAS, the City Council of the City of Evanston has determined it is in the best interests of the City to move forward with the PROJECT as proposed, • 38-R-07 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNT', ILLINOIS: SECTION 1: That the City Manager is hereby authorized to sign the Letter of Intent with the Illinois Department of Transportation, dated June 22, 2007, attached hereto as Exhibit 1 and made a part hereof. SECTION 2: That this Resolution shall be in full force and effect from and after its passage and approval in the manner provided by law. �E - ,Lorraine H. Morton, Mayor Attest: � �` (DuM Ma �r, City Clerk Adopted: , 2007 0 Ll is • -2- 0,1111 • • • EXHIBIT 1 ID®T Letter of Intent: Emerson Street Bridge Project over the North Shore Channel dated June 22, 2007 -3- Illino epaftment of Transportation Division of Highways/Region One / District One • 201 best Center Court/Sohaurnburg, Illinois 60196-1096 Project and Environmental Studies Emerson Street � ,M r- L ?I Over North Shore Channel Cook County JUN 2 6 P^r,7 June 22, 2007 a Lt s _ The Honorable Lorraine H. Morton Mayor City of Evanston 2100 Ridge Avenue Evanston, IL 60201 Dear Mayor Morton: As you know, the Illinois Department of Transportation (IDOT) is currently engaged in preliminary engineering and environmental studies for the replacement of the bridge carrying Emerson Street over the North Shore Channel. A location map is enclosed for your information and reference. This project is currently included for construction in our Fiscal Year 2008 to 2013 Proposed Highway Improvement Program, pending fund • availability and project readiness. The scope of work generally consists of removing and replacing the existing bridge as well as widening and resurfacing within the project limits. The bridge will be widened to include a five-foot on -road bicycle lane on each side as requested by the City of Evanston (City). The proposed bicycle lane will be separated from the sidewalk with B-6.12 curb and gutter. As part of the coordination with the local agencies involved in our improvements, IDOT is required to issue a Letter of Intent (LOI) in which the Department identifies local cost participation items and confirms local support for the project. This will serve as a letter of Intent (LOI) between the City of Evanston and IDOT confirming your concurrence with the proposed improvement and the cost participation responsibilities for the subject project. The following is a summary of all potential cost participation items. LiLyhtins The existing lighting on the bridge is owned and maintained by the City. Our Bureau of Electrical Operations has determined the existing lighting should be updated to current standards. Per Department policy, lighting costs are the responsibility of the municipality. The estimated lighting cost for the road segment within the project limits is approximately $70,000, plus engineering fees. The lighting cost does not include temporary lighting as the entire bridge will be closed during construction. At the May 29, 2007 meeting with the City at the District One office, the City agreed that IDOT would prepare lighting plans and estimates for a 15% engineering fee ($10,500). • Therefore, the City's lighting cost responsibility will be $80,500. Honorable Lorraine H. Morton June 22, 2007 Page 2 • The lighting at the McCormick Boulevard and the McDaniel Street intersections also does not meet current lighting standards. However, due to our limited scope of work, the lighting at these intersections will not be included in the proposed improvement. The City may pursue this work separately via permit. Utility Relocation Public utilities, installed in the State highway right-of-way (ROW) via pen -nit and requiring relocation, will be relocated at no expense to the Department, in accordance with Department policy and State Statute. The City will be responsible for 100% of the cost plus engineering fees for removal and relocation of its facilities found to be in conflict with the improvement of Emerson Street over the North Shore Channel. Facilities subject to the previously stated condition may include, but are not limited to, watermain, fire hydrants, storm, sanitary and/or combined sewers. No investigation of potential utility conflicts was conducted during Phase I. However, a detailed study of utility information will be completed during Phase H (contract plan preparation). As such, there are no costs associated with this item at this time, but that may change during the course of the Phase II Engineering Process. If the City hires its own consultant to prepare any needed utility plans and estimates, a 10% engineering fee will be assessed. If the Department does this work, the engineering fee is 15%. At the end of this letter of intent, there is an area where you can state your concurrence/comments to the proposed scope of work and cost participation. This will be used as a basis during Phase H to develop a project agreement between the City of Evanston and the State. A second copy of the last page of this letter is enclosed. Please return an original signed copy of the last page of this letter in the enclosed self- addressed stamped envelope at your earliest convenience. In order to maintain our project schedule, your prompt response is appreciated. If you have any questions or need additional information, please contact Peter E. Harmet, Bureau Chief of Programming, at (847) 705-4393. Very truly yours, Diane M. O'Keefe, P.E. Deputy Director of Highways, Region One Engineer By: Gz Clan a . Lao, E. Engineer of Program Development • cc: Mr. John Burke, P.E., Transportation Director Mr. David Jennings, P.E., Director of Public Works Project and Environmental Studies Emerson Street Over North Shore Charnel Cool: County Concur with project scope as outlined above. Concur X Do Not Concur Signature /,\� L d4 ��%�- �� /�� Title 12r�/�� Date Concur with lighting costs as outlined above. Concur X Do Not Concur Signatuue x Az/, t -- 16�' A� Title (�v / �! w-)�//./ll.%� Date �/ � �� ©I� 7 • • 0 HOVVARD e r�'c C't v HI -a X4; M, iR7 :2w A y ?Lc .V 51 " — Sc.t" C;L, �hlan Ajv H fA11• - 41,d N,: ST �, ?'I C'.1 —w I . !MAPLE a, wood A%t TRbr pl,, Av�. Ij I - t a� �5, i 'I - apeA, PARK,% FF JA f sab' tie Isabella St Ej r ?K Thayer St • L Ov PxCS; 3, -,,Q, M Jenks;t 1 R F." loll. u, C., CULL( a A 'Sk �z j c2: ark P1 -1 3 L!PIRKi =1 'j. 3,1 a 'CH! Park -:E P1 r,mn 0a h- 172 z-7- ji . 1 ! .:. H-, 'a Z H,rMel, S, ancellor T 'a.. 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Club HERBERt ,a-ni;s-t - LLI 'v-ASH.bVGT& VN i5HAL 6- ---LnV,6N- HEBREW P R, 2ARK, i 'adl. ?i CROWN 'Ge" W er It p4p.,, N.7 "MAY! 71 rVIAIN �T im"T < 1, K �1 . va� R allFi ZA 'Or --�. A-v --q�WUA �r'j r f,� 2-1 1. �5 a. 4- RAND ; A xIE¢�!MCWALL', RI C, < gnv--L--1 - " KOKIE F EIL- �,• a 11 11 - -- ek HFADOUARTERS Se%, kz. -IE, " . I - ------ �-rd - z F1 PA�K SCULPTURE i -�PARK P� 'EF ; =E BAR IE�r iOLIVER MC CRA&EN�! PARK PARK FA, IpDtE-,CFyo- a Ity- t, St FNSOUTH ELVD PAaK, OAKT'Oti 3T I SCHOOL T wrc-N Location Map Proposed Improvement: Emerson Street (FAU 1312. Over The North Shore Channel CitY of Evanston Village of Skokie CE Cook Coun-ty 'T _14 • Job 4 P-91-002-06 Structure # 016 -065 5 (Existing) 016-2858 (Proposed) E-1 .7 9/12/2007 7/12/2007 39-R-07 A RESOLUTION Instructing the City Clerk to Submit, for the February 5, 2008 Ballot, a Referendum for a Proposal to Increase the Real Estate Transfer Tax with the Additional Revenue Dedicated to the Evanston Police and Firefighters Pension Funds WHEREAS, the Illinois General Assembly, specifically in 65 ILCS §5/8-3-19, allows home rule municipalities to increase their own Real Estate Transfer Taxes only by means of referendum; and WHEREAS, the City of Evanston is a home rule municipality under Article VII of the 1970 Illinois Constitution; and WHEREAS, a report, dated September 5, 2007, from Gabriel, Roeder, Smith, and Company, the City's actuarial consultant, values the total unfunded liability of the City of Evanston Police Pension Fund and City of Evanston Firefighters Pension Fund at approximately $140 million; and WHEREAS, increasing the Evanston Real Estate Transfer Tax from five dollars ($5.00) for every one thousand dollars ($1,000.00) of value, or fraction thereof, per transaction, to six dollars ($6.00) for every one thousand dollars ($1,000.00) of value, or fraction thereof, per transaction, and dedicating the additional revenue to the City of Evanston Police Pension Fund and City of 0 Evanston Firefighters Pension Fund is an effective way to reduce the unfunded N liability of said Funds, - 1 - 39-R-07 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS: SECTION 1: The City Clerk is hereby instructed to submit a referendum to the proper election authorities for the February 5, 2008 ballot, for all legal voters residing in the City of Evanston, to vote upon the following question: Shall the City of Evanston impose a real estate transfer tax increase of twenty percent (20%) to establish a new transfer tax rate of six dollars ($6.00) for every one thousand dollars ($1,000.00) of value, or fraction thereof, to be paid by the seller of the real estate transferred? The current rate of the real estate transfer tax is five. dollars ($5.00) for every one thousand dollars ($1,000.00) of yalue,r or fraction thereof, and the revenue is used for the City's general fund. The revenue from the increase is to be used for the funding of the City's Police and Firefighters' Pension Funds, with fifty cents ($0.50) of each dollar going to the City of Evanston Police Pension Fund and fifty cents ($0.50) of each dollar going to the City of Evanston Firefighters' Pension Fund. SECTION 2: That this Resolution shall be in full force and effect from and after its passage and approval in the manner provided by law. Attest: Mary Adopted: City Clerk /Lorr ine H. Morton, Mayor 4, , 2007 0 • • -2- 7/30/2007 40-R-07 A RESOLUTION Expressing Disapproval in the Decision made by the State of Indiana's Department of Environmental Management to Allow BP to Release Additional Pollutants into Lake Michigan WHEREAS, the Great Lakes are the largest surface freshwater system on the planet; and WHEREAS, the Great Lakes account for ninety five percent (95%) of the United States' surface fresh water and about twenty one percent (21 %) of the world's supply; and WHEREAS, the Great Lakes provide drinking water for more than thirty (30) million Americans; and WHEREAS, the City of Evanston pumps an average of sixteen billion five hundred million gallons (16.5 billion gal.) of water annually from Lake Michigan; and WHEREAS, this water is vital to the health, welfare, and economic well-being of over three hundred fifty thousand (350,000) residents of the City of Evanston, Skokie, Arlington Heights, Buffalo Grove, Wheeling and Palatine; and WHEREAS, the "mixing zones" that dilute toxic chemicals discharged into the Great Lakes system have been controversial as a possible threat to humans, fish and wildlife; and 40-R-07 WHEREAS, the Great Lakes are plagued by pollutants such as mercury, PCBs, ammonia, DDT, alkylated lead, hexachlorobenzene, TCDD, toxaphene, and others; and WHEREAS, high amounts of ammonia can cause algae blooms that threaten fish and water quality; and WHEREAS, the City of Evanston shares the shoreline of Lake Michigan with the British Petroleum ("BP") plant located in Whiting, Indiana; and WHEREAS, the Indiana Department of Environmental Management recently issued a permit to BP to allow their facility in Whiting, IN to release fifty four percent (54%) more ammonia and thirty five percent (35%) more total suspended solids into Lake Michigan each day; and WHEREAS, the BP Whiting facility will now be allowed to dump an average of one thousand five hundred eighty four pounds (1,584 lbs.) of ammonia and four thousand nine hundred twenty five pounds (4,925 lbs.) of total suspended solids daily into Lake Michigan; and WHEREAS, the Great Lakes already face myriad challenges from chemicals and pollutants, including a steep increase in fish consumption warnings and record numbers of beach closures; and WHEREAS, the City of Evanston has a clear role in protecting the Great Lakes, and in particular Lake Michigan, as a clean and safe water supply, that benefits the health, welfare, recreational, aesthetic and economic needs of its residents and residents of the State of Illinois; and • -2- WHEREAS, on July 25, 2007, the Congress of the United States overwhelmingly approved House Concurrent Resolution 187, which expresses Congress's disapproval of the Indiana Department of Environmental Management's issuance of said permit to BP; and WHEREAS, the City hereby officially affirms, endorses, and joins the Congress of the United States in the recommendations of House Concurrent Resolution 187, which are as follows: 1. Congress expresses its disapproval of the Indiana Department of Environmental Management's issuance of a permit allowing BP to increase their daily dumping of ammonia and total suspended solids into Lake Michigan; 2. Congress urges the State of Indiana to reconsider issuance of a permit allowing BP to increase their daily dumping of ammonia and total suspended solids into Lake Michigan; 3. Congress should take action to protect and restore the Great Lakes; 4. The United States Environmental Protection Agency's actions in the Great Lakes basin should be consistent with the goal of preserving and restoring the Great Lakes; and 5. The United States Environmental Protection Agency should not allow increased dumping of chemicals and pollutants into the Great Lakes. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS: SECTION 1: That the Mayor is hereby authorized and directed to sign, and the City Clerk hereby authorized and directed to attest on behalf of the City of Evanston, this Resolution. SECTION 2: That this Resolution shall be in full force and effect from and after its passage and approval in the manner provided by law. 40-R-07 Attest: Mary C.M1,6rr ity Clerk Adopted: 13 2007 e H. Morton, Mayor a -4- I U 7/30/2007 41-R-®7 A RESOLUTION Authorizing the City Manager to Sign a Letter of Intent with the Illinois Department of Transportation to transfer ownership of Sheridan Road between South Boulevard and Isabella Street WHEREAS, the City of Evanston (hereinafter "CITY") seeks to rehabilitate Sheridan Road in Evanston to City and State standards; and WHEREAS, Sheridan Road is included in the City Council approved Five -Year Street Improvement Program (2007-2011); and WHEREAS, the City's construction cost estimate for rehabilitating is Sheridan Road between South Boulevard and Isabella Street is six million four 0 hundred thousand dollars ($6,400,000.00); and WHEREAS, the Illinois Department of Transportation (hereinafter "IDOT") will dedicate five million eight hundred thousand twenty-four dollars ($5,824,300.00) in state and federal funding toward the rehabilitation of Sheridan Road between South Boulevard and Isabella Street conditional on the ultimate transfer of maintenance and jurisdiction of this section of Sheridan Road; and WHEREAS, five hundred ninety-nine thousand two hundred dollars ($599,200.00) in City match is required, which represents only nine and three -tenths percent (9.3%) of the estimated total construction cost; and 41 `R'97 WHEREAS, the CITY entered into an Agreement with IDOT in 0 2006 to accept federal funding earmarked toward Sheridan Road conditional on jurisdictional transfer of the road; WHEREAS, the City Council of the City of Evanston has determined it is in the best interests of the City to move forward with the project as proposed, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS: SECTION 1: That the City Manager is hereby authorized to sign the Letter of Intent with the Illinois Department of Transportation, dated July 12, 2007 and attached as- Exhibit 1 and made a part hereof. SECTION 2: That this Resolution shall be in full force and effect (a from and after its passage and approval in the manner provided by law. Lorraine H. Morton, Mayor Attest: Mary P. s, ity Clerk Adopted: 16� ��, 2007 • —2— 41-R-07 n LJ • • EXHIBIT 1 IDOT Letter of Intent Emerson Street Bridge Project Over the North Shore Channel July 12, 2007 -3- Illinois (Department of Transportation Division of Highways/Region One / District One 201 West Center Court/Schaumburg, Illinois 60196-1096 July 12, 2007 Ms. Julia Carroll Manager City of Evanston 21001«dge Avenue Evanston, IL 60201 Dear Ms. Carroll: The Department has received your letter dated June 14, 2007 regarding State participation in the proposed improvements along Sheridan Road in the City of Evanston, as outlined in the May 17, 2007 Letter of Intent. Subsequent coordination between IDOT and City of Evanston staff has resulted in the need to modify the May 17, 2007 Letter of Intent. This letter shall serve as a new Letter of Intent for the improvement and ultimate transfer of maintenance and jurisdiction of Sheridan Rd from Ridge Avenue to South Boulevard to the City of Evanston. • There are currently three sources of federal funds dedicated to the improvement • of Sheridan Road in the City of Evanston. This funding includes: $800,000 federal funding (HPP-SAFETEA LU) requiring a $200,000 local match $427,500 federal funding (section 117) requiring no local match $1,596,800 federal funding (HPP-SAFETEA LU) requiring a $399,200 local match The current funding allocated to the improvement of Sheridan Road in the City of Evanston totals to $2,824,300 (federal) and $599,200 (required local match). The City of Evanston has_ requested that additional funding be dedicated to the improvement of Sheridan Road in the City of Evanston in exchange for a jurisdictional transfer of this road from State of Illinois to the City of Evanston. The Department is amenable to this request. The Department will financially participate in the non-federal portion of the payable construction items for the locally initiated improvement along Sheridan Road in the City of Evanston, in lieu of resurfacing this portion of Sheridan Road. The total anticipated State participation in the subject project shall not exceed $3,000,000. In exchange for State financial participation, the jurisdiction of Sheridan Road in the City of • Evanston will be transferred from IDOT to the City. The exact limits of the jurisdictional transfer will be as follows. Ms. Julia Cairoll July 12, 2007 Page two • The jurisdictional transfer of Sheridan Road will be from the intersection of Ridge Avenue, Isabella Street, and Sheridan Road to the north edge of pavement of South Boulevard, a distance of approximately 3.25 miles. Sheridan Rd from the intersection of Ridge Avenue, Isabella Street, and Sheridan Road to the northern City of Evanston corporate limits is already being jurisdictionally transferred to the City of Evanston as part of another locally initiated Sheridan Road project for which the Village of Wilmette is the lead agency. Upon execution of these two jurisdictional transfers, Sheridan road within the corporate limits of Evanston north of South Boulevard will be entirely under City of Evanston jurisdiction. Sheridan Road within the City of Evanston is known by multiple names including Sheridan Road, Forest Place, Forest Avenue, and Burnham Place. All of these sections of Sheridan Road, regardless of name, will be included in the jurisdictional transfer; and may be viewed on the attached maps. It is our understanding that the City wishes to move forward with this project as quickly as possible, and will accept a transfer of maintenance and jurisdiction of the subject roadway in its present condition, which will allow the City to complete plans and begin construction in the most expeditious manner possible. Funding for reimbursement to the City of Evanston is currently included in the • Department's Fiscal Year 2008-2013 Proposed Highway Improvement Program. The City of Evanston will continue to act as the lead agency and will continue to coordinate this improvement through the District's Bureau of Local Roads & Streets. The jurisdiction of Sheridan Road will be transferred 21 days after execution of the formal intergovernmental agreement for the aforementioned locally initiated project. If you are in general agreement with the above, please complete the concurrence signature block at the end of this letter and return the signed original to this office at your earliest convenience. This Letter of Intent, once executed, will be used as the basis for preparation of the formal intergovernmental agreement between the Department and the City. In the fiscal year the reimbursement funds become available, a separate formal intergovernmental agreement between the Department and the City will be prepared to facilitate payment of the reimbursement. n U Ms. Julia Carroll 4uly 12, 2007 Page three If you have any questions or need additional information, please contact me or Mr. Steve Mastny, Area Programmer, at (847) 705-4075. Very truly yours, Diane M. O'Keefe, P.E. Deputy Director of Highways, Region One Engineer Concur a Do Not ur Title % v (V 4,mg-1 e,�, • Date ig-4- • U • • —10 H lz�7 Sheridan Road in Evanston, IL North Section I LINDEN AV. L AUL AV MAPLE AV 9 Ll Ul \ 9,p ISABELLA ST. 4 � o � co a c° z .� yf�yF CANTERBU Y r �o PL. < a N T N \\ CENTRAL ST, F"�R'F--1 ST.tINCOLN "'t. __J D) D] COLFAX / ST• GRANT ST.- DARTMOUT w' T. Z 5 MOVEQST. wa c a LEONARU a HAVEN ZY a PL. GAR- f D PL. Fs- GABUI Q ST. D OHAM-N ' LE ST, D Pt.. �TY � (�3 EEC, — . N w p y� a C ARK Q ^a s �Q c3 S T y �� 4 L' O • Ep ILAE 1E0. 3 Sa• -- < Z W IA HV Oki N oJa3HS sOol�1 OHS 3vrl ' � 3arr+iInv as nrOtd3H5 pV // ab 1 S3b0 N 3nr- 3^ro ❑ d o AOOSON nr 'Oki )A> Z W� rOttl3H5 . ^y �C1/�/) t1 ❑ ❑�D a DY _ �LJ a3lsno �L_. �JNV a CH1 Cp0� v� N rWa3H 3nr = o. �. N ❑N�a DN❑ D aDT!�N'M J ❑ �NfyH '�J I N H HrWa3H5 '3nv 1 nv =❑ OOM � �OMn13 0 ,-i3^Q� n 'AV ❑V �I �PI V�Ey•�1 j�IS1RI 1 AV D �. J Rlo❑�i-1 n An � n aa�� o ❑ ❑D 3nr nr R n �I I • • 8/1 /2007 42-R-07 A RESOLUTION Authorizing the City Manager to Execute a Construction Agreement by and between the City of Evanston and Community Animal Rescue Effort Friends of the Evanston Animal Shelter, Inc. WHEREAS, the City of Evanston (hereinafter, the "City") and Community Animal Rescue Effort Friends of the Evanston Animal Shelter, Inc. (hereinafter, "C.A.R.E.") currently operate an animal shelter (hereinafter, the "Shelter") located at 2310 Oakton Avenue, Evanston, Illinois (hereinafter, the "Property"); and WHEREAS, the City, as Landlord, and C.A.R.E., as Tenant, have • entered into that certain Lease (the "Lease"), pursuant to which City is leasing to C.A.R.E. and C.A.R.E. is leasing from City the Property, described in the Lease as the Premises; and WHEREAS, the City and C.A.R.E. have agreed to undertake certain improvements to the Premises in accordance with a separate Construction Agreement attached hereto as Exhibit A and incorporated hereby by reference; and WHEREAS, this Agreement shall serve as such separate Construction Agreement, and shall set forth the terms and conditions upon which improvements to the Premises shall be undertaken and funded. 0 42-R-07 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS: • SECTION 1: That the City Council finds the foregoing recitals as fact and makes them a part hereof. SECTION 2: That the City Manager is hereby authorized and directed to sign and the City Clerk hereby authorized and directed to attest, on behalf of the City of Evanston, a Construction Agreement with the City of Evanston and Community Animal Rescue Effort Friends of the Evanston Animal Shelter, Inc. for the purpose of effecting certain improvements to the C.A.R.E. Shelter Premises. SECTION 3: That the City Manager is hereby authorized and directed to negotiate any additional terms and conditions of the Agreement she deems beneficial to the City. • SECTION 4: That this Resolution 42-R-07 shall be in full force and effect from and after the date of its passage and approval in the manner required by law. may) )`Lorraine H. Morton, Mayor Attest: I Mary P. ri i y Clerk Adopted: (� Q 2007 • —2— 42-R-07 EXHIBIT A • Construction Agreement by and between the City of Evanston and Community Animal Rescue Effort Friends of the Evanston • • Animal Shelter, Inc. -3- CONSTRUCTION AGREEMENT This Construction Agreement ("Agreement") is entered into by and between the City of Evanston ("City") and Community Animal Rescue Effort Friends of the Evanston Animal Shelter, Inc. ("C.A.R.E"), an Illinois not -for -profit corporation, as of this 2007. RECITALS WHEREAS, City and C.A.R.E. currently operate an animal shelter (the "Shelter") located at 2310 Oakton Avenue, Evanston, Illinois (the "Property"); and WHEREAS, City, as Landlord, and C.A.R.E., as Tenant, have entered into that certain Lease (the "Lease"), pursuant to which City is leasing to C.A.R.E. and C.A.R.E. is leasing from City the Property, described in the Lease as the Premises; and WHEREAS, City and C.A.R.E. have agreed to undertake certain improvements to the Premises in accordance with a separate Construction Agreement; and WHEREAS, this Agreement shall serve as such separate Construction Agreement, and shall set forth the terms and conditions upon which improvements to the Premises shall be undertaken and funded. NOW, THEREFORE, in consideration of the agreements and obligations set forth • herein, and other valuable consideration, the receipt and sufficiency of which is hereby acknowledged, City and C.A.R.E. hereby agree as follows: AGREEMENT 1. The Improvements. City and C.A.R.E. (collectively, the "Parties" and individually, a "Party") agree that the Parties shall reasonably work together to timely develop, coordinate and arrange at the Premises certain alterations, additions and improvements (the "Improvements") in order to allow the Premises to better serve as the location for the operation of an animal shelter by the Parties in accordance with the terms of this Agreement. 2. Desian Development 2.1 Selection of Architect. Within thirty (30) calendar days after the completion of the Enviromnental Analysis in accordance with Section 10 of this Agreement, City shall establish a Request for Qualifications and/or a Request for Proposals ("RFQ/RFP") architect review and selection committee ("Committee"), and, at the election of C.A.R.E., at least one representative of C.A.R.E. shall participate as an equal member of the Committee. Such Committee shall work together to promptly select a qualified architect (the "Architect"). 0 E Within thirty (30) calendar days after establishing the Committee, City shall • produce to C.A.R.E. a draft RFQ/RFP that, when finalized, will be used to solicit bids from qualified architects for the purpose of designing the Improvements. C.A.R.E., shall have ten (10) business days after receipt of such RFQ/RFP to provide comments to the City, which comments shall be reasonably incorporated into the final RFQ/RFP. Within sixty (60) calendar days after the Committee's selection of the Architect, City shall use good faith efforts to negotiate and enter into any agreements with such Architect as may be necessary regarding the design and construction of the Improvements. City shall keep C.A.R.E. apprised, at all times during such negotiations, of the status of the same, and C.A.R.E. may, but shall not be obligated to, attend such negotiations. Following the negotiation of a proposed agreement with the Architect for the design and construction of the Improvements, City shall submit the proposed agreement for approval by the City Council no later than the next regularly -scheduled City Council meeting. 2.2 Plans and Specifications. Promptly after the City Council's approval of the proposed agreement with the Architect, City shall cause the Architect to produce initial plans and specifications for the Improvements (the "Plans and Specifications"). The Plans and Specifications shall be generally consistent with the type, layout, location, and configuration of the Improvements described in the Preliminary Design Plan set forth in Exhibit A attached hereto and made a part hereof. C.A.R.E. shall be invited to participate as a full partner in all project -related meetings during the course of the • preparation of such Plans and Specifications, and may volunteer advice and consent on the same at any time. City shall periodically submit progressive working drawings of such Plans and Specifications to C.A.R.E. for review and recommendations. Upon completion of the Plans and Specifications, City shall provide C.A.R.E. with a draft copy of the same, and C.A.R.E. shall review and comment on the same within fifteen (15) calendar days after receipt thereof. In the event C.A.R.E. states that, as designed, the Plans and Specifications materially deviate from the Preliminary Design Plan or would materially affect C.A.R.E.'s ability to conduct the Permitted Use under the Lease, City shall, within thirty (30) calendar days after receipt of such oral or written notification, cause Architect to make such changes as may be necessary to reasonably address C.A.R.E.'s concerns. 3. Bud -et and Construction. Concurrently with the production of the Plans and Specifications, City and C.A.R.E., with the assistance of the Architect, shall complete a budget (the `Budget") for the Improvements reasonably acceptable to both City and C.A.R.E., setting forth the various costs anticipated to be incurred in connection with the design and construction of the Improvements, as well as the allocation of contributions to be made to cover such costs by both City and C.A.R.E., and certain benclunarks upon which each Party is required to make such payments. The total cost of the hmprovements as set forth in the approved Budget shall not exceed One Million and 00/100 Dollars • ($1,000,000.00) (the "Total Budget Amount"), of which Four -Hundred Seventy Thousand and 00/100 Dollars ($470,000.00) have been committed by the City as of the Effective Date. In addition, the total amount to be contributed by C.A.R.E. from time to time toward costs contained in the Budget ("C.A.R.E.'s Contribution") will be Five- G Hundred Thousand and 00/100 Dollars ($500,000.00). Within thirty (30) calendar days after the completion of the Environmental Analysis in accordance with Section 10 of this • Agreement, but subject to the provisions of Section 10 of this Agreement, C.A.R.E. shall establish an escrow account and place therein Three -Hundred Thousand and 00/100 Dollars ($300,000.00) that will be used toward C.A.R.E.'s Contribution. Within thirty (30) calendar days of the completion and approval of the final Plans and Specifications described in Section 2.2, above, C.A.R.E. shall place into the escrow account described in this Paragraph an additional One -Hundred Thousand and 00/100 Dollars ($100,000.00) that will be used towards C.A.R.E.'s Contribution. Within thirty (30) calendar days of the commencement of construction of the Improvements described in this Agreement, C.A.R.E. shall place into the escrow account described in this Paragraph the remaining One -Hundred Thousand and 00/100 Dollars ($100,000.00) that will be used towards C.A.R.E.'s Contribution. No later than thirty (30) calendar days after the Effective Date, the City shall establish a separate account and place therein Four -Hundred Seventy Thousand and 00/100 Dollars ($470,000.00) that will be used toward the City's contribution to the Total Budget Amount. In the event City and C.A.R.E. cannot complete a Budget approved by both City and C.A.R.E. on or before the date of final approval of the Plans and Specifications, then the Parties shall seek budgetary assistance by invoking dispute resolution in accordance with Section 20.5 of the Lease. If at any time after approval of the Budget and Plans and Specif cations, • unexpected costs in excess of the Total Budget Amount are incurred, City shall solely be responsible for payment of the first Thirty Thousand and 00/100 Dollars ($30,000.00). Afterward, costs incurred in excess of the Total Budget Amount shall be shared between the parties with 50% attributed to C.A.R.E. and 50% attributed to the City, but under no circumstances shall C.A.R.E. be responsible for payment of more than Fifty Thousand and 00/100 Dollars ($50,000.00) beyond C.A.R.E.'s Contribution, without further approval from C.A.R.E; additional funds from C.A.R.E. beyond such amount shall require express approval from C.A.R.E.'s Board of Directors, and will collectively constitute "C.A.R.E.'s Supplemental Contribution." Each Party shall bear its own administrative costs incurred during the design, permitting and construction of the Improvements, and such costs shall not be paid from the Total Budget Amount. Notwithstanding anything to the contrary in this Agreement or the Lease, City shall solely be responsible for paying for any and all of the costs and expenses associated with the performance of the Enviroiunental Analysis required by Section 10 of this Agreement. Such costs and expenses shall not be paid from the Total Budget Amount. Upon receipt of any invoice associated with the design or construction of the • Improvements, City shall promptly provide C.A.R.E. with a duplicate copy of the invoice for C.A.R.E.'s review and consideration. C.A.R.E. shall review the invoice and either 6 timely contest the invoice to the City in detail and in writing or remit payment for half of • such costs to the City from C.A.R.E.'s escrow account. Once C.A.R.E. remits half of such costs to the City, City shall solely be responsible to make full payments to its contractors during the development, coordination, arrangement, and implementation of the Improvements. City shall keep clear records of invoices, receipts and other documents evidencing the imposition of financial obligations for the Improvements and payments made by the City. City will provide C.A.R.E. with access to or copies of all such records upon request. City will be solely responsible for payment of interest or penalties due to delinquent payments made to City's contractors and such amount shall not be deducted from the Total Budget Amount. 4. Construction. 4.1 Construction. Utilizing a general contractor and subcontractors selected according to the City's purchasing rules and regulations, City shall cause to be constructed and installed the Improvements, as described in the -'approved Plans and Specifications, in accordance with a construction schedule ("Construction Schedule") that must be included in the contract between the City and such general contractor and/or subcontractors. In no case shall the Construction Schedule in the contract between the City and the general cor_tractor and/or subcontractors exceed a time period of three hundred sixty-five (365) days from the effective date of such contract, except if such delays are caused by a Force Majeure Event. City shall be responsible for paying all permit and inspection fees and obtaining all required permits on the Premises, in • accordance with the Plans and Specifications. City shall ensure that the Improvements are constructed in compliance with all applicable laws and regulations and in a good, workman -like and lien -free manner. City shall be responsible, at its sole cost and expense, to correct any and all violations of and/or comply with all building, fire, seismic, or other applicable codes as such violations or compliance obligations relate to the construction of the Improvements. City shall work with C.A.R.E. and use its best efforts to ensure that construction of the Improvements is promptly commenced in accordance with the final Plans and Specifications within ninety (90) calendar days after approval of the final Plans and Specifications. The Parties shall also work closely together to ensure that construction of the Improvements is timely completed in accordance with the Budget and the Construction Schedule. 4.2 C.A.R.E. Cooperation. C.A.R.E. will execute all required applications, documents, and easements reasonably required in connection with the construction of the Improvements, within fifteen (15) calendar days of City's request for the same. C.A.R.E. will reasonably cooperate with City with respect to such other matters as to which City may reasonably request C'.A.R.E.'s assistance in connection with the development of the Plans and Specifications and the construction of the Improvements. • 5. Revisions to Plans and Specifications. If City determines that it is necessary to revise the approved Plans and Specifications, City shall deliver such revised plans ("Revised Plans and Specifications") to C.A.R.E. in writing for its review and comment. Such Revised Plans and Specifications shall not materially affect C.A.R.E.'s ability to conduct the Permitted Use (as defined in the Lease) at the Premises after completion of • the Improvements or materially deviate from the Preliminary Design Plans attached hereto as Exhibit A. The Revised Plans and Specifications shall replace the earlier Plans and Specifications and be incorporated herein as though the Revised Plans and Specifications were the original Plans and Specifications. 6. City and C.A.R.E. Representatives. Each Party shall designate a representative with respect to the matters set forth in this Agreement. The representative selected by C.A.R.E. shall have full authority and responsibility to act on behalf of C.A.R.E. as required herein. The representative selected by the City shall have full authority and responsibility to act on behalf of the City, except as limited by any applicable Purchasing Agreement or any applicable laws. Furthermore, any contract changes are required to be approved by the City Council before they become effective. Each Party shall inform the other in writing of any change in its representative. 7. Insurance. City shall not pen -nit City's contractors to commence any work until all required insurance set forth below has been obtained by City's contractors, and certificates evidencing the same have been verified by City. City's contractors shall procure, pay for and maintain during the construction of the Improvements and/or the continuance of their respective work on the Improvements, insurance of the types and in the amounts set forth below, which shall be endorsed in all policies to include City and C.A.R.E. as additional insureds, and which shall provide thirty (30) calendar days prior written notice to City and C.A.R.E. of any alteration or termination of coverage. • City's contractors shall procure, pay for and keep in full force and effect: (a) Commercial General Liability Insurance: Commercial General Liability insurance with respect to the Premises and the operations on or on behalf of City's contractors in, on or about the Premises, including but not limited to personal injury, product liability (if applicable), blanket contractual, broad form property damage liability coverage, with a minimum limit of One Million and 00/100 Dollars ($1,000,000.00) per occurrence and Two Million and 00/100 Dollars ($2,000,000.00 in the aggregate, provided however, that City's General Contractor must have a policy with a minimum limit of Ten Million and 00/100 Dollars ($10,000,000.00). (b) Construction Insurance: Construction Insurance with limits of liability of not less than Two Million and 00/100 Dollars ($2,000,000.00). (c) Workers' Compensation: Workers' Compensation coverage as required by law, together with Employer's Liability coverage with a limit of not I ess than Five -Hundred Thousand and 00/100 Dollars ($500,000.00). City's contractors shall provide copies of certificates evidencing insurance • required by this Section upon request by City or C.A.R.E. E Further, City shall cause Architect and any engineers involved in the Improvements to maintain an "errors and omissions" policy in limits of not less than One Million and 00/100 Dollars ($1,000,000.00) on a per occurrence basis. 8. Construction Management. City shall at all times during construction of the Improvements require contractors and subcontractors to keep the Premises and adjacent areas free from accumulations of waste material or rubbish caused by its suppliers, contractors or workmen. Upon completion of the Improvements, City shall ensure that its contractors shall forthwith remove all rubbish and all tools, equipment and surplus materials from and about the Premises and shall leave the Premises clean to the reasonable satisfaction of C.A.R.E. This final clean-up shall include the cleaning of light fixtures, windows, entries and public space affected by the work. Upon completion of Improvements, City shall notify C.A.R.E. that the Improvements have been completed and are available for inspection for conformance with the approved Plans and Specifications. 9. Cooperation. Except as otherwise provided herein, the City agrees to reasonably consider and incorporate all comments and suggestions made by C.A.R.E. and its representatives related to any aspect of the development and implementation of the Improvements. In the event of any dispute between City and C.A.R.E. related to this Agreement, City and C.A.R.E. shall resolve such disputes consistent with Section 20.5 of the Lease. • 10. Enviromnental Impact/Termination. Within fifteen (15) calendar days after the Effective Date, the Parties shall take all actions necessary to hire an environmental consultant to perform an appropriate enviromnental analysis of the Premises, which must include a reasonable estimate of costs of potential financial impacts on the Improvements due to the presence or possible presence of Hazardous Substances at, on or under the Premises ("Enviromnental Analysis"). Such Environmental Analysis shall be completed no later than forty-five (45) calendar days after the Effective Date by a qualified environmental consultant, mutually acceptable to the Parties, and in accordance with the then -current American Society for Testing and Materials Standards and applicable federal and state enviromnental regulations. The environmental consultant shall be required to provide to both Parties a final written report documenting the findings and conclusions of the Environmental Analysis. The City shall pay for all of the costs and expenses of the Environmental Analysis in accordance with Section 3 of this Agreement. For purposes of this Agreement, the Environmental Analysis shall be deemed to be completed when the final report of such Enviromnental Analysis is provided to both City and C.A.R.E. Based on the results of the Environmental Analysis and notwithstanding anything contrary in this Agreement, either Landlord or Tenant ("Notifying Party") may Terminate this Agreement within thirty (30) calendar days after receiving the final report of the Enviromnental Analysis by sending written notice to the other Party ("Recipient Party") if Hazardous Substances are identified at the Premises that would make the completion of • the- Improvements economically infeasible. If the Recipient Party, within ten (10) calendar days after receipt of such notice, does not deliver a written response to the Notifying Party expressing disagreement as to whether the Improvements are 10 economically infeasible, this Agreement shall terminate as of the date specified in said notice with no further liability to Landlord or Tenant except as otherwise provided under • this Agreement and the Lease. In the event of any disagreement between Landlord and Tenant as to whether the Improvements are economically infeasible within the meaning of this Section 10, Landlord and Tenant shall resolve such dispute consistent with Section 20.5 of the Lease. Landlord or Tenant may also terminate this Agreement if Hazardous Substances are later identified at the Premises that would make the completion of the Improvements economically infeasible, consistent with Section 17.5 of the Lease. If the Agreement is terminated in accordance with this Section 10, City shall pay to C.A.R.E. the Termination Repayment Amount described in Section 12.5 of the Lease. 11. Local Emplovment Program. In addition to the required elements of any contract between the City and third parties, the Parties voluntarily agree to use their best efforts to include the City's Local Employment Program in the selection of an Architect, contractors, subcontractors, and other workers during the design and construction of Improvements, to the extent that utilizing such program does not materially increase the cost of such Improvements. 12. Indemnification. Each Party ("Indemnitor") shall indemnify the other Party ("Indemnitee") against, and hold the Indemnitee harmless from, any and all liabilities, damages (except special, indirect or consequential damages), claims, fees, penalties and is (including reasonable attorneys' fees in defending against claims) arising out of the actions or omissions of the Indemnitor in connection with the planning and construction of the Improvements contemplated under this Agreement, except to the extent caused by the negligence or willfiil misconduct of Indemnitee. 13. Default. If either Party defaults in its obligations set forth in this Agreement and fails to cure such default within five (5) calendar days after written notice from the other Party, then the non -defaulting Party shall be entitled to terminate this Agreement and the Lease, and City shall pay to C.A.R.E. the Termination Repayment Amount described in Section 12.5 of the Lease. 14. Entire Agreement; Modification. This Agreement constitutes the entire agreement between the Parties with respect to the subject matter herein contained and all prior negotiations, discussions, writings and agreements between the Parties with respect to the subject matter herein contained are superseded and of no further force and effect. No covenant, term or condition of this Agreement shall be deemed to have been waived by either party, unless such waiver is in writing signed by the party charged with such waiver. 15. Binding Effect. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors and permitted assigns. • 11 16. Controlling Law. This Agreement shall be governed by and construed in • accordance with the laws of the State of Illinois. 17. Severability. The unenforceability or invalidity of any provisions hereof shall not render any other provision herein contained unenforceable or invalid. 18. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. (Signature Page Fallolvs) • 0 IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the latest day and year written below ("Effective Date"). • CITY OR EVANSTON: By; tt.,r-c1t, U Its: / (�,i-�� 1R&Aj- & COMMUNITY ANIMAL RESCUE EFFORT FRIENDS OF THE EVANSTON ANIMAL SHELTER, INC.: By: lilatv�- -J - J Its:7 • • Cli]DMSI/2522653.1 EXHIBIT B PRELIMINARY DESIGN PLAN EVANSTON ANIMAL zstlhL I rK - taE oy, ijug w iugz,, 10/15/05 8/1/2007 0 43-R-07 A RESOLUTION Authorizing the City Manager to Execute a Lease Agreement by and between the City of Evanston and Community Animal Rescue Effort Friends of the Evanston Animal Shelter, Inc. WHEREAS, the City of Evanston, Illinois, (hereinafter, the "Landlord" or the "City") and Community Animal Rescue Effort Friends of the Evanston Animal Shelter, Inc., (hereinafter, the "Tenant" or "C.A.R.E") have entered into a certain Lease Agreement (hereinafter, the "Lease") attached hereto and incorporated herein by reference as Exhibit 1, pursuant to which City leases to C.A.R.E. and C.A.R.E. leases from the City a property, described in the Lease as the Premises; and • WHEREAS, the Landlord owns the Premises, as herein defined, and Landlord and Tenant together collectively operate the Evanston Animal Shelter ("Shelter") located at the Premises; and WHEREAS, the role of C.A.R.E. historically has been and is to maintain the health and welfare of the animals brought into the Shelter by the City's animal control office or by citizens, and to undertake other activities in accordance with C.A.R.E.'s mission statement and the sample list of activities attached as Exhibit E; and WHEREAS, the role of the City has been and is to exercise its animal control functions, including the enforcement of the City's animal regulatory laws and any other laws, statutes or ordinances applicable to animals within the City; to investigate • allegations or incidences of animal abuse and/or neglect, and to provide for general maintenance of the Shelter, including the funding of building maintenance and supply 43-R-07 costs and animal food and cat litter (as typically described in the City of Evanston's Animal Control Annual Budget/Appropriation), as have been previously agreed upon 0 with C.A.R.E.; and WHEREAS, the Landlord and Tenant desire to expand, renovate and improve the Shelter to better serve the needs of the City and its community and further support the humane care and sheltering of animals and adoption of the same; and WHEREAS, due to the substantial expenditures of money and resources necessary to carry out the expansion, renovation and improvement of the Shelter, as well as the Parties' ongoing commitment to the ongoing successful operation of the Shelter, Landlord and Tenant wish to memorialize the relationship between the City and C.A.R.E. and recognize their roles, responsibilities, and authorities with respect to the operation of the Shelter. NOW, THEREFORE, BE IT RESOLVE® BY THE CITY COUNCIL OF • THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS: SECTION 1: That the City Council finds the foregoing recitals as fact and makes them a part hereof. SECTION 2: That the City Manager is hereby authorized and directed to sign and the City Clerk hereby authorized and directed to attest, on behalf of the City of Evanston, a Lease Agreement with the City of Evanston and Community Animal Rescue Effort Friends of the Evanston Animal Shelter, Inc., for the purpose of humane care and sheltering of animals and adoption of the same. • -2- 43-R-07 SECTION 3: That the City Manager is hereby authorized and directed to • negotiate any additional terms and conditions of the Agreement she deems beneficial • is to the City. SECTION 4: That this Resolution 43-R-07 shall be in full force and effect from and after the date of its passage and approval in the manner required by law. Lorraine H. Morton, Mayor Attest: Ma P. r , it Clerk rY Y Ru'°';j Adopted: l 2007 —3— 43-R-07 EXHIBIT 1 Lease Agreement by and between the City of Evanston and is Community Animal Rescue Effort Friends of the Evanston Animal Shelter, Inc. • I1 • B&M Draft 7/16/07 LEASE AGREEMENT between The City of Evanston, Illinois, an Illinois Municipal Corporation, as Landlord and Community Animal Rescue Effort Friends of the Evanston Animal Shelter, Inc., an Illinois not -for -profit corporation, as Tenant Table of Contents ARTICLE I INTRODUCTORY ARTICLE.........................................................................2 ARTICLE II GRANT OF PREMISES; TERM.....................................................................4 ARTICLEIII RENT................................................................................................................4 ARTICLE IV PERMITTED USE; COMPLIANCE WITH LAWS.......................................4 ARTICLE V IMPROVEMENT PLANS AND CONSTRUCTION......................................6 ARTICLEVI UTILITIES.......................................................................................................6 ARTICLE VII REPAIRS AND MAINTENANCE..................................................................7 ARTICLE VIII FIXTURES; ADDITIONS...............................................................................8 ARTICLE IX CASUALTY; CONDEMNATION................................................................10 ARTICLE X INSURANCE; TAXES.................................................................................. I I ARTICLE XI WAIVER OF CLAIMS; INDEMNITY.........................................................12 ARTICLE XII DEFAULT; REMEDIES................................................................................ I) ARTICLE XIII SURRENDER OF POSSESSION..................................................................14 ARTICLEXIV ESTOPPEL.....................................................................................................14 ARTICLE XV CONVEYANCE BY LANDLORD...............................................................15 • ARTICLE XVI HAZARDOUS SUBSTANCES.....................................................................15 ARTICLE XVII RIGHT OF FIRST REFUSAL; SUBLET; TERMINATION ........................16 ARTICLE XVIII NOTICES.......................................................................................................18 ARTICLE XIX LEASE AS IT RELATES TO THE IMPROVEMENTS...............................18 ARTICLE XX MISCELLANEOUS.......................................................................................18 • LEASE AGREEMENT THIS LEASE AGREEMENT ("Lease") is made and entered into as of the Effective Date by and between the City of Evanston, Illinois, an Illinois municipal corporation, having its office at 2100 Ridge Avenue, Evanston, Illinois, 60201 ("Landlord" or "City") and Community Animal Rescue Effort Friends of the Evanston Animal Shelter, Inc., an Illinois not -for -profit corporation, having its office at 2310 Oakton, Evanston, Illinois 60202 ("Tenant" or "C.A.R.E"). RECITALS WHEREAS, Landlord owns the Premises, as herein defined, and Landlord and Tenant together collectively operate the Evanston Animal Shelter ("Shelter") located at the Premises; and WHEREAS, the role of C.A.R.E. historically has been and is to maintain the health and welfare of the animals brought into the Shelter by the City's animal control office or by citizens, and to undertake other activities in accordance with C.A.R.E.'s mission statement and the sample list of activities attached as Exhibit E; and WHEREAS, the role of the City has been and is to exercise its animal control fractions, including the enforcement of the City's animal regulatory laws and any other laws, statutes or ordinances applicable to animals within the City; to investigate allegations or incidences of animal abuse and/or neglect; and to provide for general maintenance of the Shelter, including the funding of building maintenance and supply costs and animal food and cat litter (as typically described in the City of Evanston's Animal Control Annual Budget/Appropriation), as have been previously agreed upon with C.A.R.E.; and WHEREAS, Landlord and Tenant desire to expand, renovate and improve the Shelter to better serve the needs of the City and its community and further support the humane care and sheltering of animals and adoption of the same; and WHEREAS, because of the substantial expenditures of money and resources that will be necessary to carry out the expansion, renovation and improvement of the Shelter, as well as the Parties' ongoing commitment to the ongoing successful operation of the Shelter, Landlord and Tenant wish to memorialize the relationship between the City and C.A.R.E. and recognize their roles, responsibilities and authorities with respect to the operation of the Shelter. NOW, THEREFORE, in consideration and furtherance of, and in accordance with, the terms, covenants, agreements and conditions set forth herein, Landlord and Tenant hereby enter into this Lease. 0 INTRODUCTORY ARTICLE Basic Lease Provisions. The provisions of this Article I are intended to be in outline form and may also be addressed in detail in other Articles of this Lease. In the event of any conflict, inconsistency or disagreement between Article I and other Articles in this Lease, the more detailed Article shall prevail. LANDLORD: TENANT: PARTIES: EFFECTIVE DATE: IMPROVEMENTS: RENT COMMENCEMENT DATE: INITIAL TERM: City of Evanston 2100 Ridge Avenue Evanston, IL 60201 Attn: Julia Carroll, City Manager Community Animal Rescue Effort 2310 Oakton Avenue Evanston, IL 60202 Attn: Linda Gelb, President with a copy to: Baker & McKenzie, LLP 130 East Randolph Suite 3500 Chicago, Illinois, 60601 Attn: Steven J. Murawski The City of Evanston, as Landlord, and Community Animal Rescue Effort Friends of the Evanston Animal Shelter, Inc., as Tenant. The last date when the Landlord and the Tenant have both signed this Lease. Improvements shall be defined by Article V of this Lease. The date thirty (30) days after substantial completion of the Improvements. The first sixty (60) months after the Rent Commencement Date. • • • 2 • 17� • TERMINATION OR TERMINATION DATE: OWN" The date sixty (60) months after the Rent Commencement Date or such other time as provided under this Lease, including, but not limited to, Condemnation as described in Section 9.2 of this Lease or Renewal Periods as defined in Section 17.2 of this Lease. One and 00/100 Dollars ($1.00) per annum, payable in accordance with the terms of Article III of this Lease. PREMISES: The real estate described on Exhibit A attached hereto and made a part hereof, commonly known as the Evanston Animal Shelter, with a street address of 2310 Oakton Avenue, Evanston, IL 60201, together with the building ("Building") and all other current improvements and future Improvements thereon (consisting of approximately square feet), as depicted on Exhibit B attached hereto and made a part hereof, and all easements, rights -of -way and other rights appurtenant thereto (collectively, the "Premises"). PERMITTED USE: The operation of an animal shelter, including, but not limited to, the following related activities: the housing, feeding and corresponding care of animals; the provision of veterinary services to such animals; the maintenance and use of training and exercise areas for animals; the carrying out of animal adoption services, including showings and display of animals to the public; use of the Premises for fundraising events, community outreach efforts, educational programs or activities, and other activities affiliated with C.A.R.E.'s mission, goals and objectives; use of the Premises for behavioral evaluations of animals for purposes of determining adoptability or the applicability of restrictions on adoptions; related administrative office use; and other consistent uses as may be determined by the City (collectively, the "Permitted Use"). 3 Enumeration of Exhibits. The following exhibits and construction schedules are attached hereto and fully incorporated into this Lease, as an integral part of this Lease, by this reference: EXHIBIT A Legal Description - [To be provided by City] EXHIBIT B Depiction of Premises - [To be provided by City] EXHIBIT C Preliminary Design Plan EXHIBIT D Standard Operating Procedures EXHIBIT E Mission Statement of C.A.R.E. and Sample List of C.A.R.E. Activities - [To be provided by C.A.R.E.] EXHIBIT F Executed Copy of Construction Agreement GRANT OF PREMISES; TERM Grant of Premises. Landlord hereby grants and leases to Tenant, and Tenant hereby leases from Landlord, possession of the Premises, subject to the terms, covenants, and agreements herein contained. Tenant shall have shared use of all interior and exterior portions of the Premises with Landlord, including without limitation, the parking areas, and may utilize such equipment, fixtures and facilities therein as Tenant deems appropriate. Term. Subject to other applicable provisions of this Lease, the term of this Lease shall commence on the Effective Date and shall Terminate on the Termination Date, as such dates are set forth in Article I ("Term"). RENT Beginning on the Rent Commencement Date, and continuing on each anniversary of the Rent Commencement Date during the Term of this Lease, Tenant shall pay to Landlord the total annual rent of One and 00/100 Dollars ($1.00). PERMITTED USE; COMPLIANCE WITH LAWS Permitted Use. • Tenant shall use and occupy the Premises for the Permitted Use and for all related uses during the Term. Landlord warrants to Tenant that there are no private agreements with any third • parties that would in any way limit, prohibit or, in Tenant's reasonable determination, in any way affect Tenant's- ability to utilize the Premises for the Permitted Use. In addition, Landlord 0 warrants that, to the best of its knowledge, all applicable zoning rules and ordinances allow for • the Permitted Use and the construction of the Improvements described in Article V below. Landlord further warrants that, to the best of its knowledge, the Premises are currently in compliance with all applicable laws and regulations, including, but not limited to, any applicable land use, environmental and health regulations. Cooperative Use of the Premises. Tenant acknowledges that Landlord will also occupy and use the Premises, in conjunction with Tenant's conduct of the Permitted Use, for Landlord's animal control services, animal licensing, and other activities conducted in connection with the enforcement of the City's animal regulatory laws, in its capacity as a municipality, and any other applicable federal, state and county laws, statutes or ordinances in the City. In addition to such laws, the shared use of the Premises by Landlord and Tenant shall generally be governed by necessary standard operating procedures ("SOPs"), developed by the City after mutual agreement with C.A.R.E. as described below. The initial SOPs that apply to the Parties at the Premises are comprised of the Animal Control Standard Operating Procedure Manual, effective July 24, 2006, as modified by the Memo of Understanding between the City's Police Department and C.A.R.E., dated September 23, 2006. The Initial SOPs are attached to this Lease and are hereby made an integral part hereof as Exhibit D. Except for emergencies directly related to the City's legal duties as a municipality, Landlord agrees that any future amendment(s) to such SOPs shall be consistent with, and shall not materially interfere with, the rights of Tenant provided in this Lease to conduct the Permitted Use at the Premises. In the event Landlord intends to amend the SOPs at any time after the Effective Date of this Lease, which proposed amendments could in any way potentially affect the Premises, the activities or operations of C.A.R.E., or Tenant's rights under this Lease, Landlord shall provide Tenant with written notice of any such proposed amendment at least thirty (30) days prior to enacting such amendment. Tenant may, but shall not be obligated to, submit comments to any such proposed amendment for Landlord's consideration, and Landlord agrees to include any reasonable suggestions in any amendment to such SOPS provided the same do not materially interfere with Landlord's ability to fulfill its legal obligations, as a municipality, with respect to the Premises or the Shelter. The SOPs, as may be amended, shall be consistent at all times with all applicable county, state and federal laws, and timely incorporated, as necessary, into this Lease pursuant to Section 20.3 of this Lease upon their effective date and included in Exhibit D. If at any time during the Term of this Lease, (i) the Permitted Use shall be prohibited by law or ordinance or other governmental regulation or prevented by injunction, or (ii) the SOPs, as may be amended, materially affect Tenant's ability to conduct the Permitted Use at the Premises, in 'Tenant's reasonable discretion, then Tenant may Terminate this Lease immediately upon written notice thereof to Landlord. In the event Tenant Terminates this Lease in accordance with this Section 4.2, Landlord agrees to pay Tenant the Termination Repayment Amount as set • forth in Section 12.5 of this Lease. 5 In the event of any non -emergency dispute between Landlord and Tenant as to the interpretation of any SOPs or amendments thereto, Landlord and Tenant shall resolve such • dispute consistent with Section 20.5 of this Lease. Complianee with Laws. The Parties shall each comply with all applicable laws and regulations that relate to their individual and shared use of the Premises and to the construction of the Improvements, as further described in Article V. Tenant shall comply with all applicable laws and regulations consistent with the Permitted Use during the Term of this Lease. IMPROVEMENT PLANS AND CONSTRUCTION Landlord and Tenant shall, concurrently with the execution of this Lease, enter into that certain Construction Agreement in form and substance substantially consistent with Exhibit "F" attached hereto and made a part hereof (the "Construction Agreement"). The Construction Agreement shall govern the planning, implementation and completion of certain alterations, additions and improvements to be made to the Shelter and as detailed in the Construction Agreement (the "Improvements"), as well as the monetary contributions to be made by the Parties toward the costs of the Improvements. The planning, implementation and completion of the Improvements shall be undertaken and completed in accordance with the terms and conditions set forth in the Construction Agreement. If the Improvements are not timely completed in accordance with the terms of the Construction Agreement, then Tenant may, in its sole and absolute discretion, elect to Terminate this Lease immediately upon written notice thereof to Landlord. In the event Tenant Terminates this Lease in accordance with this Article V, Landlord agrees to pay Tenant the Termination Repayment Amount as set forth in Section 12.5 of this Lease. UTILITIES Landlord shall be solely responsible for the payment of any and all utility bills associated with the operation of the Premises for the Permitted Use, including, but not limited to, all water, gas, electricity, heat, light, power, telephone, sewer, sprinkler services, refuse and trash collection. In the event of any interruption or failure of utilities or any other service to the Premises lasting longer than twenty-four (24) hours which materially interferes with Tenant's ability to conduct the Permitted Use in the Premises and could potentially endanger the health, safety or welfare of animals housed at the Shelter, "Tenant may take such measures as deemed reasonably necessary by Tenant to cure such interruption or failure, and Landlord shall reimburse Tenant the actual expenses Tenant incurs to cure such interruption or failure, in accordance with the Local Government Prompt Payment Act (50 ILCS 5051) and following Tenant's delivery of invoices therefor. • 6 • REPAIRS AND MAINTENANCE Landlord's Oblizations. In addition to Landlord's obligations under the Construction Agreement, Landlord shall maintain the Premises during the Term, in a suitable, safe and sound condition, and shall maintain, repair and/or replace, at its sole cost and expense, the roof, foundation, load bearing components of all walls, whether interior walls or exterior walls, heating, ventilating and air conditioning systems and equipment of the Premises. Landlord shall ensure that such maintenance is performed using quality materials, in a good and workmanlike manner, and shall comply with all insurance requirements and applicable ordinances and regulations. Notwithstanding anything herein to the contrary, however, Landlord is responsible to assure that the roof structure and roof membrane are weather and water tight and all structural beams, joists and trusses of the Building remain structurally sound, and in compliance with all applicable laws and codes, including any applicable seismic or other code compliance work whenever such arises, including in connection with the application for or as a condition of the issuance of any building permits. Landlord shall be liable for any and all actual damages suffered by Tenant and caused by any failure of Landlord to perform Landlord's repair obligations as provided herein, and to maintain the Premises in accordance with the foregoing. Tenant shall give Landlord written notice of any repair required by Landlord pursuant to this Article VII, after which Landlord shall have a reasonable period of time (not to exceed ninety (90) days) to complete the required repairs; provided, however, in the event of an emergency that could potentially • endanger the health, safety or welfare of animals housed at the Shelter, Landlord shall immediately commence any needed repairs and work diligently to complete any such repairs. Landlord hereby agrees that it shall not perform any repairs without first providing Tenant with written notice thereof, which notice shall specify a proposed date the same shall occur. Landlord and Tenant hereby agree that the date for performance of any such repair shall be mutually agreed to by the Parties prior to the commencement of such repair. Notwithstanding anything contained herein to the contrary, Tenant shall have the right to perform any of Landlord's repair obligations required to any portion of the Premises provided that Tenant has obtained Landlord's prior written approval, which written approval or disapproval shall be given within thirty (30) days following Tenant's written request therefor; provided, however, in the event of an emergency that could potentially endanger the health, safety or welfare of animals housed at the Shelter, Landlord shall immediately provide its approval or Landlord's specific and detailed comments on the plans submitted by Tenant that if complied with would constitute approval; and provided further that Tenant may perform any of Landlord's repair and maintenance obligations required herein at any time if Landlord has not, within ninety (90) days after receipt of written notice from Tenant of the need for any repairs or maintenance, completed the same. In the event Tenant completes any of Landlord's repair or maintenance obligations, Landlord shall reimburse Tenant for any actual costs associated therewith in accordance with the Local Government Prompt Payment Act (50 ILCS 505/) following Tenant's delivery of invoices therefor. In the event Landlord fails to reimburse Tenant's actual costs in accordance with the Local Government Prompt Payment Act (50 ILCS 505/) following Tenant's delivery of invoices, or, if Tenant elects • not to perform any repairs or maintenance on Landlord's behalf after failure of Landlord to perform the same as provided above, Tenant may Terminate this Lease. In the event Tenant 7 Terminates this Lease in accordance with this Section 7.1, Landlord agrees to pay Tenant the Termination Repayment Amount as set forth in Section 12.5 of this Lease. • Non -Interference. In the exercise of each Party's obligations under this Article VII, such Party shall use all reasonable efforts not to adversely affect the ingress and/or egress to the Premises or to unreasonably interrupt the other Party's Permitted Use. In the event that ingress and/or egress is so affected or either Party's conduct of the Permitted Use is so interrupted for more than forty- eight (48) hours, the affected Party may take such reasonable steps as may be necessary to remove the cause of such interruption, in which event the offending Party shall promptly reimburse the affected Party for all actual costs incurred therewith. Tenant's Oblizations. Tenant agrees to maintain the Premises in a suitable condition for its Permitted Use, normal wear and tear excluded. Such maintenance shall consist of ensuring that the Premises are kept in a clean and tidy condition, typical for its Permitted Use. Maintenance Costs. Landlord shall be solely responsible for all building maintenance and supply costs and animal food and cat litter (as typically described in the City of Evanston's Animal Control Annual Budget/Appropriation) associated with maintaining the Premises and operating the • Shelter; such costs will include the maintenance of all Improvements (collectively "Maintenance Costs"). Such Maintenance Costs shall not be included in the Total Budget Amount. Notwithstanding the foregoing, Tenant agrees to pay to Landlord, on an annual basis during the Term of this Lease, an amount not to exceed the smaller of (a) Five Thousand and 00/100 Dollars ($5,000.00) or (b) one-half of the Maintenance Costs required to maintain the Premises for that year (excluding the costs for animal food and cat litter), in accordance with the following procedure: Within thirty (30) days following the end of each calendar year, Landlord shall provide to Tenant copies of all invoices, bills and other documentation showing the total Maintenance Costs incurred by the City for the Premises during such calendar year (excluding costs for animal food and cat litter). Tenant shall remit the payment described above to Landlord within thirty (30) days after Landlord provides to Tenant copies of such documentation. However, if Tenant has directly financed any Maintenance Costs during that calendar year and has given the Landlord notification as prescribed by Section 7.1 of this Lease, all Rinds spent by Tenant for such Maintenance Costs may be deducted from the payment described herein in lieu of Tenant seeking Landlord's reimbursement under Section 7.1 of this Lease. • 8- FIXTURES; ADDITIONS Alterations Without Consent. Tenant may install, remove and/or replace any trade equipment and fixtures used in Tenant's business, or make alterations to the Premises in amounts totaling less than Five Thousand and 00/100 Dollars ($5,000.00) (provided the same are in accordance with applicable law and do not unreasonably interfere with the City's joint use of the Premises), in each case without submitting plans and specifications to Landlord or obtaining Landlord's approval. Notwithstanding the foregoing and because of Tenant's shared use of the Premises with the City, the Parties agree to notify each other of any planned alterations to the Premises or any planned installation of trade equipment or fixtures, and the Parties agree that they will continue to work with each other to make such changes to the Premises in an effort to reduce maintenance costs and ensure the integrity of the Premises.. Consent Procedure. If Tenant plans to make any alterations to the Premises in amounts totaling Five Thousand and 00/100 Dollars ($5,000.00) or more, then Tenant shall deliver plans therefor to Landlord for Landlord's reasonable approval. Landlord shall expeditiously review such plans and shall communicate its approval or disapproval (together with specific and detailed comments on the plans submitted by Tenant that, if complied with, would constitute approved plans) within ninety (90) days after receipt of the Tenant's plans. • Tenant Alterations. Any alterations made by Tenant shall be done at Tenant's sole cost and expense and, at Tenant's election, shall remain on the Premises upon Termination of this Lease. All alterations shall be constructed using suitable materials, in a good and workmanlike manner, and shall comply with all insurance requirements and all ordinances and regulations in which the Premises is located. If alterations are made by Tenant's contractors, Tenant shall furnish to Landlord upon Landlord's request thereof, copies of building permits and certificates of appropriate insurance and payment, and upon completion of any installation, alteration or addition, contractor's affidavits and frill and final waivers of lien covering all labor and material expended and used or other reasonable evidence of payment or security therefor. Tenant shall hold Landlord harmless from all claims, costs, damages, liens and expenses which may arise out of or be connected in any way with such alterations during the Term of this Lease. Landlord Coordination. Landlord may, at its sole cost and expense, install, remove and/or replace any trade equipment and fixtures used in the Building, or make alterations to the Premises, provided the same are in accordance with applicable law and do not unreasonably interfere with or materially affect Tenant's joint use of the Premises, in each case without submitting plans and specifications • to Tenant or obtaining Tenant's approval. Notwithstanding the foregoing and because of Landlord's shared use of the Premises with Tenant, the Parties agree to notify each other of any planned alterations to the Premises or any planned. installation of trade equipment or fixtures, and a the Parties agree that they will continue to work with each other to make such changes to the Premises in an effort to reduce maintenance costs and ensure the integrity of the Premises. Limitations. This Article VIII does not apply to any matters addressed in the Construction Agreement or Article V. CASUALTY; CONDEMNATION Casualty. Estimate of Restoration Time. If any portion of the Premises shall be damaged by fire or other casualty (any of the foregoing being hereinafter called a Casualty), Landlord shall cause an architect or contractor to deliver to both Landlord and Tenant in writing, within thirty (30) days of the date of such Casualty, such architect's or contractor's good faith opinion ("Architect's Opinion") as to the length of time required to cause the damage to be repaired and restored to substantially the same condition existing prior to the Casualty. Restoration/Deductible. Unless this Lease is Terminated as provided in this Article IX, Landlord shall, subject to . the conditions and limitations provided in this Article IX, repair and restore the Premises with reasonable promptness, but in no event later than the period described in the Architect's Opinion, subject to reasonable delays caused by Force Majeure and/or its ability to timely obtain the necessary insurance proceeds due to no fault of its own. To assist with the timeliness of the commencement of the repair and restoration of the Premises, C.A.R.E. may, but shall not be required to, pay all or a portion of the- Landlord's relevant insurance deductible. Termination RiLhts/ Tenant's Right to Complete Restoration. If the Architect's Opinion indicates that such repairs and restoration shall take in excess of six (6) months from the date of the Casualty and the damage materially impairs Tenant's use of the Premises, then Tenant shall have the right to Terminate this Lease as of the date of such Casualty upon giving written notice to Landlord within the period of time commencing on the date Tenant is in receipt of the Architect's Opinion and ending thirty (30) days thereafter. If Tenant does not Terminate this Lease, then Landlord shall undertake restoration of the Premises and provide an alternate location for the Parties to jointly operate a temporary animal shelter. In the event restoration of the Premises is not completed for any reason within a reasonable period of time (e.g., not less than sixty (60) days after the estimated completion date set forth in the Architect's Opinion), Tenant shall have the right to complete such restoration, and Landlord shall • reimburse Tenant for the actual cost of such restoration incurred by Tenant in accordance with 10 the Local Government Prompt Payment Act (50 ILCS 5051) after receipt of invoices evidencing is such expenditures from Tenant. Condemnation. This Lease shall Terminate, at the option of the Tenant, upon the date when the possession of all or part of the Premises is taken under any of the following circumstances: The Premises is permanently taken; The Premises is taken in excess of ninety (90) days; The Premises is condemned by any condemning authority for any public or quasi -public use or purpose; or Any adjacent property or street to the Premises is condemned or improved in such manner as to require the use of any partof the Premises and, in Tenant's judgment, the balance of the Premises is not suitable for Tenant to conduct the Permitted Use. If any of the circumstances described above in this Section 9.2 occur, Tenant shall be entitled to receive such portion of any award that is attributed to the value of Tenant's trade fixtures and equipment or leasehold estate. Casualtv and Condemnation Termination Costs. • In the event that the Tenant Terminates this Lease in accordance with Section 9.1.3 or Section 9.2 of this Lease, Landlord agrees to pay Tenant the Termination Repayment Amount as set forth in Section 12.5 of this Lease. INSURANCE; TAXES Tenant's Insurance. Tenant, at its sole cost and expense, shall purchase, keep and maintain in force and effect during the Term of this Lease, commercial general liability insurance with respect to the Premises and the operations of Tenant in, on, or about the Premises, including, but not limited to personal injury, blanket contractual, broad form property damage liability coverage with minimum limits of One Million and 00/100 Dollars ($1,000,000.00) per occurrence, Two Million and 00/100 Dollars ($2,000,000.00) in the aggregate. The insurance policy shall contain the following provisions: An endorsement naming Landlord and any other parties in interest designated by Landlord as an additional insured. • Coverage shall be on an "occurrence basis". 11 Landlord's Insurance. Landlord, at its sole cost and expense, shall purchase, keep and maintain in force and • effect during the Term of this Lease, commercial general liability insurance with respect to the Premises and the operations of Landlord in, on, or about the Premises, including, but not limited to personal injury, blanket contractual, broad form property damage liability coverage with minimum limits of One Million and 00/100 Dollars ($1,000,000.00) per occurrence, Two Million and 00/100 Dollars ($2,000,000.00) in the aggregate. The insurance policy shall contain the following provisions: 10.2.1 An endorsement naming Tenant and any other parties in interest designated by Tenant as an additional insured. 10.2.3 Coverage shall be on an "occurrence basis". In addition, Landlord, at its sole cost and expense but for the mutual benefit of Landlord and Tenant, shall purchase, keep and maintain in full force and effect throughout the Tenn, fire and property insurance in an amount equal to the full replacement cost of the Building, including the Improvements. Landlord covenants to Tenant that Tenant's use of the Building for the Permitted Use will not be prohibited or limited by any of Landlord's insurance policies. Document Production. Either Party may, at any time, inspect and/or copy and approve any and all insurance • policies required hereunder. Failure to Insure. If Landlord or Tenant fails to procure, maintain and/or pay for, at the times and for the durations specified in this Lease, any insurance required by this Lease, or fails to carry insurance required by any governmental requirements, the other Party may (but without obligation to do so) at any time or from time to time, and without notice, procure such insurance and the Party who failed to provide such insurance agrees to pay the sums so paid together with interest thereon as provided elsewhere herein and any costs or expenses incurred in connection therewith, within ten (10) days following written demand for such payment. 7'a_ves. Tenant shall be liable for and pay, when due, without contributions from Landlord, all taxes levied against Tenant's personal property and trade fixtures, if any. Landlord shall be liable for and pay, when due, without contributions from Tenant, all other taxes related to the Premises and its uses. • 12 WAIVER OF CLAIMS; INDEMNITY • Tenant's Indemnity. Except as otherwise provided in this Lease, Tenant shall protect, indemnify and save Landlord and its officers, agents, servants and employees harmless from and against any and all obligations, liabilities, costs, damages, claims and expenses of whatever nature arising from injury to persons or damage to property on the Premises arising out of or in connection with Tenant's use or occupancy of the Premises or Tenant's activities on the Premises, or arising from any negligent or willful act of Tenant, but only to the extent that all such obligations, liabilities, costs, damages, claims and expenses are not covered by the insurance required to be maintained by Landlord and Tenant hereunder. Landlord's Indemnitv. Except as otherwise provided in this Lease, Landlord shall protect, indemnify and save Tenant and its officers, directors, agents, partners, employees, and volunteers harmless from and against any and all obligations, liabilities, costs, damages, claims and expenses of whatever nature arising from injury to persons or damage to property on the Premises arising out of or in connection with Landlord's ownership and operation of the Premises or Landlord's activities on the Premises, or arising from any negligent or willful act of Landlord, or its agents, contractors, servants, employees or invitees, but only to the extent that such obligations, liabilities, costs, damages, claims and expenses are not covered by the insurance required to be maintained by • Landlord and Tenant hereunder. Consequential Damages/Mutual Waiver of Claims. • Under no circumstances whatsoever shall either Party ever be liable hereunder for consequential damages or special damages. Furthermore, the Parties agree to mutually waive any personal liability of the City's elected officials, officers and employees, as well as C.A.R.E.'s officers, directors, agents, partners, employees, and volunteers, except to the extent caused by their individual or collective gross negligence or willful misconduct. DEFAULT; REMEDIES Tenant's Default. A "Tenant Default" hereunder is defined as the failure by Tenant to fulfill any material obligation under this Lease for a period of ninety (90) days following receipt of written notice by Landlord of such failure to Tenant (or such longer period as may be reasonably necessary to effect the cure of such failure, provided Tenant begins such cure within said 90-day period and prosecutes the same to completion). 13 Landlord's Remedies. In the event of any Tenant Default, Landlord may either cure the Tenant Default at its • own expense or Terminate this Lease upon thirty (30) days notice to Tenant. Cure or Termination of this Lease shall be Landlord's sole and exclusive remedies. If Landlord Terminates this Lease in accordance with this Section 12.2, Landlord agrees to pay Tenant the Termination Repayment Amount as set forth in Section 12.5 of this Lease. Landlord's Default. A "Landlord Default" hereunder is defined as the failure by Landlord to fulfill any material obligation under this Lease for a period of ninety (90) days following receipt of written notice by Tenant of such failure to Landlord (or such longer period as may be reasonably necessary to effect the cure of such failure, provided Landlord begins such cure within said 90- day period and prosecutes the same to completion). Tenant's Remedies In the event of any Landlord Default, Tenant may (i) exercise any rights which Tenant may have at law or in equity, (ii) Terminate this Lease, in which case Landlord shall pay Tenant the Tenant Repayment Amount as set forth in Section 12.5 of this Lease, or (iii) undertake any obligation of Landlord hereunder which Landlord has failed to undertake, including, without limitation, completion of the Improvements, subject to reimbursement by Landlord for all actual costs incurred by Tenant in undertaking the same within ninety (90) days after Landlord 's • receipt of invoices evidencing such costs Termination Repavment Amount If this Lease is Terminated by either Landlord or Tenant for any reason within the Initial Tenn of the Lease, Landlord shall promptly pay to Tenant a Termination Repayment Amount equal to ninety (90) percent of the amount of C.A.R.E.'s Contribution as defined in Section 3 of the Construction Agreement, attached hereto as Exhibit F. If this Lease is Terminated by either Landlord or Tenant for any reason at any time after the last day of the Initial Term of the Lease, but before the end of the first Renewal Period as defined in Section 17.2 of this Lease, Landlord shall promptly pay to Tenant the sum of Two -Hundred Fifty Thousand and 00/100 Dollars (S250,000.00) as a Termination Repayment Amount. For purposes of this Section of the Lease, "promptly" shall mean within sixty (60) calendar days after the earlier of (i) notice of Termination or (ii) Termination. SURRENDER OF POSSESSION On or before the Termination Date, or within fifteen (15) days following Termination of this Lease; Tenant shall: remove from the Premises all of Tenant's personal property and surrender possession of the Premises to Landlord in a clean condition free of all rubbish and • debris; it being understood, however, that Tenant shall have no duty or obligation to remove from the Premises any of Tenant's additions, alterations or improvements. In no event shall Tenant be 14 liable to Landlord or any third party for any damages, costs or expenses of any nature as a result of Tenant's remaining in possession of the Premises after the Termination of the Term unless such retention of possession continues for ten (10) business days after Tenant's receipt of written notice from Landlord advising Tenant that it must vacate the Premises within ten (10) business days of such notice or be liable for such damages. ESTOPPEL Landlord and Tenant agree that from time to time, upon not less than fifteen (15) days prior request by the other, Landlord or Tenant, as the case may be, or their duly authorized representative having knowledge of the following facts, shall deliver a statement in writing certifying the following: (a) that this Lease is unmodified and in full force and effect (or if there have been modifications that the Lease as modified is in full force and effect); (b) the dates to which the rent and other charges have been paid; (c) that, to the best of such Party's knowledge, neither Landlord nor Tenant is in default under any provision of this Lease, or, if in default, the nature thereof in detail; and (d) such further matters as may be set forth on the form of estoppel certificate, or as may be reasonably requested by the requesting Party. CONVEYANCE BY LANDLORD In the event that Landlord shall convey or otherwise dispose of any portion of the • Premises to another person, this Lease shall remain in full force and effect for the balance of the Term with the other interested party under the same conditions as set forth in this Lease. HAZARDOUS SUBSTANCES Landlord's Representation and Warranty. Landlord hereby represents and warrants to Tenant that the Shelter, Building and Premises contain no Hazardous Substances (a) in violation of Environmental Laws or (b) that would trigger liability under any Environmental Laws. Landlord's Environmentallndenrnity. In addition to other indemnities herein, Landlord will fully indemnify, defend and save Tenant and Tenant's officers, directors, agents, partners, employees, and volunteers harmless from any and all actions, proceedings, claims, costs, including attorneys' fees, expenses and losses of any kind pertaining to, concerning or derived from Hazardous Substances or Environmental Laws, no matter how arising. Tenant's and Landlord's Representation. Neither Landlord nor Tenant shall use, handle, store, transport, generate, release, or dispose of (collectively "Use") any Hazardous Substances on, under, or about the Premises, 15 except that Landlord or Tenant may Use (1) small quantities of common chemicals including, but not limited to, adhesives, lubricants, and cleaning fluids in order to conduct the Permitted Use at the Premises, and (2) other Hazardous Substances that are necessary for the operation of the Shelter. Any Use of Hazardous Substances in or about the Premises shall strictly comply with all applicable Environmental Laws. Notification. Landlord and Tenant each agree to promptly notify the other of any communication received from any governmental entity or third party concerning Environmental Laws as related in any way to use of or operations at the Premises. Definition of Environmental Laws. Environmental Laws means all federal, state, local, or municipal laws, rules, orders, regulations, statutes, ordinances, codes, decrees, or requirements of any government authority, or common law, regulating, relating to, or imposing liability or standards of conduct concerning any Hazardous Substance, or pertaining to occupational health or industrial hygiene, or occupational or enviromnental conditions on, under, or about the Premises, as now or may at any later time be in effect. Definition of Hazardoees Substances. Hazardous Substances includes without limitation those substances included within the • definitions of "hazardous substance," "hazardous waste," "hazardous material," "toxic substance," "solid waste," or "pollutant or contaminant" under any Environmental Law. Survival. The provisions of this Article XVI shall survive the Termination of this Lease. RIGHT OF FIRST REFUSAL; SUBLET; TERMINATION Stele of Premises. If at any time during the Term of this Lease, Landlord intends to enter into a binding contract with any third party for the sale of the Premises or any portion thereof, Tenant shall have a right of first refusal to purchase the Premises or such portion on the same terms and conditions. Landlord shall provide to Tenant written notice of all of the terms and conditions of such sale and Tenant shall have thirty (30) business days after receipt thereof in which to notify Landlord of its wish to exercise its right to enter into a purchase of the Premises or any portion thereof on such terms and conditions, and if Tenant so elects, Landlord shall terminate negotiations with the third party. If Tenant does not desire to exercise such right of first refusal, Landlord shall have the right to sell the Premises or any portion thereof, subject to Tenant's rights pursuant to this Lease, provided the final purchase price in such sale is not less than the purchase price set forth in the • offer presented to Tenant pursuant to this Article XVII. If Landlord does not sell the Premises or 16 any portion thereof to any third party within one hundred eighty (180) days after Tenant's • declination to purchase the Premises, the Premises shall again become subject to the rights of Tenant under this Article XVII. Lease Renewals. If the Lease remains effective fifty-four (54) months after the Rent Commencement Date, Tenant may extend the Term of this Lease of the Premises with Landlord for up to three (3) additional periods of sixty (60) months (Renewal Period) beyond the Initial Term. Each Renewal Period shall be deemed exercised by Tenant, unless Tenant notifies Landlord in writing at least six (6) months prior to the end of the Initial Term or subsequent Renewal Period of the Lease that Tenant does not intend to exercise the next applicable Renewal Period, in which case this Lease shall Terminate at the end of the Initial Tenn or current Renewal Period, as the case may be. All terms and conditions of the Lease will remain the same during the Initial Term and Renewal Period(s) unless modified pursuant to Section 20.3 of this Lease. Tenant's Right to Terminate Lease. Notwithstanding anything contrary in this Lease, Tenant may Terminate this Lease for any reason at any time during the Term, including during any Renewal Period, upon not less than one hundred eighty (180) calendar days prior written notice to Landlord. This Lease shall Terminate as of the date specified in said notice with no fiirther liability to Tenant except as otherwise provided under this Lease. If Tenant Terminates this Lease in accordance with this Section 17.3, all Improvements made to the Premises shall remain to the Landlord's benefit upon the Termination Date and Landlord shall pay Tenant the Termination Repayment Amount as set forth in Section 12.5 of this Lease. Landlord's Rityht to Terminate Lease. Notwithstanding anything contrary in this Lease, Landlord may Terminate this Lease at any time during the Term, including during any Renewal Period, upon not less than three hundred sixty (360) calendar days prior written notice to Tenant. This Lease shall Terminate as of the date specified in said notice with no further liability to Tenant except as otherwise provided under this Lease. -If Landlord Terminates this Lease in accordance with this Section 17.4, all Improvements made to the Premises shall remain to the Landlord's benefit upon the Termination Date and Landlord shall pay Tenant the Termination Repayment Amount as set forth in Section 12.5 of this Lease. Landlord's right to Terminate this Lease under this Section 17.4 shall be limited to exercising such right for the purposes of serving the public interest, after receiving majority approval from the City Council during a public meeting or hearing. Environmental Termination. In addition to Section 10 of the Construction Agreement, and notwithstanding anything contrary in this Lease, either Landlord or Tenant ("Notifying Party") may Terminate this Lease at • any time during the Initial Tenn or during the design, construction or completion of the Improvements, whichever is longer, upon not less than thirty (30) calendar days prior written notice to the other Party ("Recipient Party") if Hazardous Substances are identified at the 17 Premises that would make the completion of the Improvements economically infeasible. If the Recipient Party, within ten (10) calendar days after receipt of such notice, does not deliver a written response to the Notifying Party expressing disagreement as to whether the Improvements are economically infeasible, this Agreement shall Terminate as of the date specified in said notice with no further liability to Landlord or Tenant except as otherwise provided under this Lease. In the event of any disagreement between Landlord and Tenant as to whether the Improvements are economically infeasible within the meaning of this Section 17.5, Landlord and Tenant shall resolve such dispute consistent with Section 20.5 of this Lease. If either Party Terminates this Lease in accordance with the procedure set forth in this Section 17.5, all Improvements made to the Premises shall remain to the Landlord's benefit upon the Termination Date and Landlord shall pay Tenant the Termination Repayment Amount as set forth in Section 12.5 of this Lease. Either Party's right to Terminate this Lease under this Section 17.5 shall be limited to exercising such right after conducting an Environmental Analysis of the Premises as described in Section 10 of the Construction Agreement. Assiznment and Sublettine. Tenant shall have the right to assign this Lease or sublet the Premises, with the prior Zn consent of Landlord, which shall not unreasonably be withheld, delayed or denied. The use of the Premises by any such assignee or sub -lessee shall be consistent with this Lease. Tenant shall give the Landlord a minimum of ninety (90) days notice of its intent to assign this Lease or sublet the Premises. NOTICES In every instance where it shall be necessary or desirable for Landlord or Tenant to serve any notice or demand upon the other, such notice or demand shall be sent by U.S. Postal Service, recognized courier service such as Federal Express or personal delivery. Notice may be given on behalf of either Party by their respective attorneys. Notices shall be addressed to the recipient at the addresses set forth in Article I. Notice sent as aforesaid shall be deemed to have been served at the time the same is delivered or refused. Either Party shall have the right to change the contact information or address for notices by giving written notice of such change to the other Party. Such changes shall be incorporated into this Lease pursuant to Section 20.3 of this Lease without affecting any other provisions of the Lease. LEASE AS IT RELATES TO THE IMPROVEMENTS Upon commencement of construction of the Improvements, all references to the "Premises" in this Lease shall automatically include such Improvements and all terms and conditions of this Lease shall immediately apply to such Improvements, throughout the construction process and as constructed. • • n LJ 18. MISCELLANEOUS • Cumulative Rights. All rights and remedies of Landlord and Tenant under this Lease shall be cumulative and none shall exclude any other rights and remedies allowed by law. Binding on Successors. Each of the provisions of this Lease shall extend to and shall, as the case may require, bind or inure to the benefit, not only of Landlord and of Tenant, but also of their respective heirs, legal representatives, successors and assigns. All indemnities, covenants and agreements of Landlord or Tenant contained herein which inure to the benefit of Landlord or Tenant, as the case may be, shall be construed to also inure to the benefit of such respective Party's partners, officers, agents and employees. No Extraneous Agreements. All of the representations and obligations of Landlord and Tenant are contained in this Lease and in the Exhibits, which are an integral part of this Lease. No modification, waiver or amendment of this Lease or of any of its conditions or provisions shall be binding upon the Landlord or Tenant unless in writing signed by Landlord and Tenant or by a duly authorized agent of Landlord or Tenant empowered by a written authority signed by Landlord or Tenant, as the case may be. • Binding on Execution. No lease or obligation shall arise until this instrument is signed and delivered by Landlord and Tenant. Dispute Resolution. In the event of any dispute between Landlord and Tenant during the Term of this Lease, including but not limited to the failure to agree upon a Budget for the Improvements, Landlord and Tenant shall resolve such disputes by the following process: (1) Landlord and Tenant shall first try to resolve the dispute during a meeting or meetings amongst members of the C.A.R.E. Board of Directors and appropriate representatives from the City department or office involved in such dispute, and such initial meeting must be held within seven (7) calendar days of receipt of written notification about the dispute by one Party to the other Party consistent with Article XVIII. (2) If such dispute still cannot be resolved within fourteen (14) calendar days after an initial meeting is held, then Landlord and Tenant shall resolve such dispute by mutually choosing three elected officials from the City Council's • Human Services Committee within seven (7) additional calendar days to hear the dispute and issue a final determination to the Parties. 1 9' The Dispute Resolution process set forth in this Section 20.5 shall not apply to disputes • arising on or after Termination of the Lease, nor shall this Dispute Resolution process apply to any actions related to such disputes. In addition, the Dispute Resolution process set forth in this Section 20.5 shall not apply to any action by Tenant to enforce payment of the Termination Repayment Amount, or any action by Landlord to enforce the provisions of Article XIII (Surrender of Possession), or any action by Landlord or Tenant to enforce the conditions of Section 17.1 (Sale of Premises). Captions. Captions in this Lease are solely for convenience of reference and shall not in any way limit or amplify the terms and provisions hereof. Governine Law. The laws of the State of Illinois shall govern the validity, performance and enforcement of this Lease. The invalidity or unenforceability of any provision of this Lease shall not offset or impair any other provision. If any provision of this Lease is capable of two constructions, one of which would render the provision invalid and the other of which would make the provision valid, then the provision shall have the meaning which renders it valid. No Implied Relationship. Nothing contained in this Lease shall be deemed or construed by the Parties hereto or by any third party to create the relationship of principal and agent, partnership, joint venture or any 40 association between Landlord and Tenant, it being expressly understood and agreed that neither the method of computation of rent nor any act of the Parties hereto shall be deemed to create any relationship between Landlord and Tenant other than the relationship of landlord and tenant. Quiet Eniovnzent. So long as Tenant is not in Default hereunder, Tenant shall during the Term of this Lease peaceftilly and quietly enjoy the Premises without hindrance by Landlord, or by anyone claiming by, through or under Landlord. Waiver of Landlord Lien. Landlord hereby waives any statutory or common law lien it may have on Tenant's personal property. Landlord shall from time to time execute any documents reasonably necessary to give effect to such waiver. Definition of Force Maiettre Event. Whenever a period of time is provided in this Lease for either Party to do or perform any act or thing, said Party shall not be liable or responsible for any delays due to strikes,. lockouts, casualties, acts of God, war, governmental regulation or control or other causes beyond the • reasonable control of said Party, and in any such event said time period shall be extended for the amount of time said Party is so delayed ("Force Majeure Event"); provided, however,, that. the 20 time for performance shall in no event be extended due to financial or economic problems of • either Party, their architects, contractors, agents or employees, or delays caused by the inability of architects, contractors, suppliers or other employees and agents to meet deadline, delivery or contract dates (unless such inability is caused by a Force Majeure Event). It shall be a condition of Landlord's and Tenant's right to claim an extension of time as a result hereof that the Party claiming the delay notify the other in writing within ten (10) days after the occurrence of such cause, specifying the nature thereof and the period of time contemplated or necessary for performance. Non -Waiver. No waiver of any condition expressed in this Lease shall be implied by any neglect of Landlord or Tenant to enforce any remedy on account of the violation of such condition if such violation be continued or repeated subsequently, and no express waiver shall affect any condition other than the one specified in such waiver and that one only for the time and in the manner specifically stated. No receipt of monies by Landlord from Tenant after the Termination in any way of the Term or of Tenant's right of possession hereunder or after the giving of any notice shall reinstate, continue or extend the Term or affect any notice given to Tenant prior to the receipt of such monies, it being agreed that after the service of notice or the commencement of a suit or after final judgment for possession of the Premises Landlord may receive and collect any rent or other sums due, and such payment shall not waive or affect said notice, suit or judgment. IN WITNESS WHEREOF, the undersigned have entered into this Lease as of the last • date written below ("Effective Date"). LANDLORD: City of Evanston By: a . CA-,t,� L4- Na e �U-/ I• CL A-. Cay-ro % Date: TENANT: Community Animal Rescue Effort Friends of the Evanston Animal Shelter, Inc., an Illinois not -for -profit corporation l�l Name: -7- 7 • Its: P3 . Date: 9 j� 7 0 I ci 21 EXHIBIT A • LEGAL DESCRIPTION THAT CERTAIN LOT OR PARCEL OF LAND DESCRIBED IN A PLAT OR SURVEY DATED AUGUST 25, 1972 AND RECORDED IN THE OFFICE OF THE RECORDER OF DEEDS ON OCTOBER 4, 1972 AS DOCUMENT 22074837 AND ALSO DESCRIBED AS FOLLOWS: THAT WEST 240 FEET OF THE EAST 500 FEET (MEASURED ALONG THE SOUTH LINE OF OAKTON STREET) OF THE FOLLOWING: THAT PART OF THE NORTH WEST 1/4 OF THE NORTH WEST 1/4 OF SECTION 25, TOWNSHIP 41 NORTH, RANGE 13 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: BEGINNING AT THE POINT OF INTERSECTION OF THE SOUTH LINE OF OAKTON STREET WITH A LINE DRAWN PARALLEL TO AND 425 FEET EAST OF THE WEST LINE OF SAID SECTION 25; THENCE SOUTH ALONG SAID LINE 425 FEET EAST OF AND PARALLEL WITH THE WEST LINE OF SAID SECTION 25 A DISTANCE OF 150 FEET THENCE EAST ALONG A LINE PARALLEL WITH THE WEST LINE OF SAID SECTION 25 A DISTANCE OF 150 FEET TO THE SOUTH LINE OF OAKTON STREET, THENCE WEST ALONG THE SOUTH LINE OF OAKTON STREET A DISTANCE OF 650 FEET TO THE PONT OF BEGINNING IN COOK COUNTY, ILLINOIS. • co) w rA w ce a w H {I. 0 z 0 t=�♦ V o. w 0 m F- m x w pAKT o�N HRr�h �WMN 0.',"P�$TIC NORIH BORDER AROUND aLA.NTpz BACK OF CURB 19.50' NORTH, SIGN II P' ",� " BLDG. 26.60' SOUTH„ HAIh LINK - EN, E _ 8:.7' EAST ; r?-- B'' 431 SOi:•TH CONCRETE - 'r t '6 , 5' EAS* 1 12.03' . _ \ 1=STORY BRICK\ o ¢oNCR t I I y ® \ \ANIM& SHELTER �.., �, DUG Ruh I� .. �� BLDG N �\ AI C UNIT'- ,' .� �47.9C ;2.Ob i? 7.39' EAST —.�. �-►' \ CONCRETE ` 2',24.04'.� r ';\ CONC TRANSFORMER� ' I: SHED 90.46' SOUTH, II �CE 72.49' EAST ' � � . ELEC. METER CHAIN �INk r N,,,. � 166�TEL SERVICE PANEL BRICK SHED �E E ' CHAIN LINK FENCE IRON PIPE AT CORNER \ CHAIN LINK FENCE 1.02' SOUTH, ON LINE NIA .:,JRW F BRIC& COLUMN C NORTH DRAIN 500.0' CHAIN UNK F; NCE 0.96' NORTH 0 0 0 EXHIBIT C PRELIMINARY DESIGN PLAN ............ U0 Medical m Mechanical Room F. ISO Kitchen it nz Dog Run Storage i 9 Kennelfta Visiting Room a. A.C. ose Close It Adoption Kitchen 1. Dog ISO Existing Mechanical Dog Run Closed LaunKl dryii Adoption Storage Medical e..Gbi..i j3 w Entry* Office ,- `Il — r4 Vestibule EVANSTON ANIMAL SHELTER - Cat & Dog Wings 10115105 Receiving of V, EXHIBIT D STANDARD OPERATING PROCEDURES •Memo of Understanding Meeting on September 23, 2006 9:00 —11:30 a.m. Deputy Chief Sam Pettineo Chief Animal Warden Linda Teckler C.A.R.E. President Linda Gelb Meeting was requested to finalize SOP's 1. C.A.R.E. is to change trial adoption form to reflect language "trial -adopted animal is to remain at address listed on adoption paperwork". 2. Language of SOP 1.2 — F, will remain but there is agreement that the Chief Animal Warden will direct potential adopters (be they police, city employees, or the public), to C.A.R.E. for adoption, following established guidelines. 3. C.A.R.E.'s President will act as liaison and when there is an issue, will collect all pertinent data and dialogue with the Chief Animal Warden before the Police Department is brought in. 4. The Chief Animal Warden was asked to conduct an in-service for C.A.R.E. adoption counselors to share experience and information on potential adopter • criteria. 5. The Chief Animal Warden is first contact for any humane investigation complaint. 6. SOP 1.14 — E, Pit Bulls or American Staffordshire Terriers will be adopted only to residents outside of Evanston ... will be removed. 7. When a previously microchipped pet comes into EAS and_isn't claimed by owner or retuned to original chipping shelter, C.A.R.E.. will incur the cost of microchip transfer with AVID from original party to C.A.R.E. 8. The option is available for a meeting to be arranged between the Deputy Chief of Field Operations, The Chief Animal Warden, and interested C.A.R.E. volunteers to discuss our partnership and establish a working dialogue. • STANDARD OPERATING PROC.EDURE MANUAL Effective July 24, 2006 EVA S a O . POLICE DEPARTMENT City of Evanston,1111h®is Manual 42 Assigned to Animal Warden 0 • SPECIAL ORDER 06-30 Evanston Police Department SUBJECT: REVISED ANIMAL CONTROL SOP MANUAL I. PURPOSE The purpose of this special order is to issue a revised Animal Control Standard Operating Procedure Manual and to distribute the new manual to affected members. Ii. REVISED ANIMAL CONTROL SOP MANUAL Effective July 24, 2006. a revised Animal Control SOP Manual is issued and replaces the current Animal Control SOP Manual. The new SOP updates, revises, and reorganizes the procedures for Animal Control personnel. The procedures In the new -SOP supersede the. current poricles and procedures on the effective date. Ill. PROCEDURES A. All members issued an Animal Control SOP Manual are responsible for the following: 1. Sign the Receipt Acknowledgement form. 2 Read the new SOP manual. All assigned members are responsible for reading and comprehending these procedures. Responsibility for • comprehending includes seeking clarification and instruction from your immediate supervisor for any portion of these procedures you do not understand. • B. The Chief Animal Control Warden is responsible for ensuring that the Animal Control SOP Manual Amendment Receipt Acknowledgement forms are signed by all members assigned an Animal Control SOP Manual and returned to the Office -of Administration. G. The Office of Administration is responsible for maintaining the signed Receipt Acknowledgement forms on file. By order of: Frank Kaminski Chief of police Issuance Date: July 21, 2006 Effective Date. Jody 24, 2006 Cancelled on: This special order is self -canceling upon compliance to its procedures and the filing of all completed receipt acknowledgement forms in the Office. of Administration. Distribution: All personnel assigned an Animal Control SOP Manual SO 06-30 Page 1 of 1 ie TABLE OF CONTENTS AUTHORIZATION SEC. 1.0 ADMINISTRATION SOP 1.1 ANIMAL CONTROL FuNC'iloNs SOP 1.2 RESPONSIBILITIES OF THE CHIEF ANIMAL WARDEN SOP 1.3 RESPONSIBILITIES OF THE ANIMAL WARDEN SOP 1.4 ASSIGNED DUTIES: CHIEF ANIMAL WARDEN SOP 1.5 ._ ASSIGNED DUTIES: ANIMAL WARDEN SOP 1.6 RESPONSIBILITIES OF THE SHELTER AIDE SOP 1.7 ASSIGNED DUTIES: C.A:R.E. ' SOP 1.8 WORKING CONDITIONS SOP 1.9 SECURITY AND SAFETY AT ANIMAL SHELTER SOP 1.10 ANIMAL TRANQUILIZER EQUIPMENT SOP 1.11 ANIMAL CONTROL FINES AND FEES SOP 1.12 DANGEROUS DOG ORDINANCE SOP 1.13 BITE REPORTS AND RABIES FOLLOW-UPS SOP 1.14 ANIMAL ADOPTIONS SEC. 2.0 ANIMALS IN THE SHELTER SOP 2.1 ANIMAL HOUSING SOP 2.2 ANIMALS QUARANTINED AND PLACED IN ISOLATION SOP 2.3 BITES AT ANIMAL SHELTER SEC. 3.0 ANIMAL CONTROL POLICY AND PROCEDURES SOP 3.1 INJURED OR ILL ANIMALS SOP 3.2 EUTHANASIA SOP 3.3 DECEASED ANIMALS SOP 3.4 RELEASE OF PETS TO OWNERS SOP 3.5 ANIMALS OBTAINED DUE TO EvicT10NIABANDONMENT SOP 3,6 UNWANTED ANIMALS SOP 3.7 WILDLIFE SOP 3.8 WILDLIFE TRAPPING AND RELOCATING SOP 3.9 SERVICES RENDERED TO NORTHWESTERN UNIVERSITY, PUBLICIPRIVAitt SCHOOLS, AND BUSINESSES • • Evanston Police Department ANIMAL CONTROL SOP Effective July 24, 2005 AUTHORIZATION Effective July 24, 2006, this standard operating procedure manual for Animal Control is established for the members of the Evanston Police Department. By order of 4A.al VV.,4v 4 J,4--W",— Frank Kaminski Chief of Police Evanston Police Department ANIMAL CONTROL SOP Effective July 24, 2006 SOP 1.1 ANIMAL CONTROL FuNcTi©Ids EflectIve July 24, 2006 Revision Dates. - The Animal Control Bureau assists the police department, the City of Evanston, and its residents by handling animal -related situations and problems that relate to the following: A. Stray animals B. Trapping wildlife C. Relocating wildlife (opossums only). D. Bets E. Pickup of deceased animals on public property (only) F. Adoption of dogs/cats G. Enforcement of City of Evanston Animal Ordinance H. Wildlife in residence (living area only) I. Return of lost pets to owners J. Police warrant service (narcotics raids) • Evanston Police Department ANIMAL CONTROL SOP Efredive July 24, 2D06 SOP 1.2 RESPONSIBILITIES OF THE CHIEF ANIMAL WARDEN Effective July 24, 2006 Revlslon Dates: The Chief Animal Warden is responsible for day-to-day administration of the Animal Control Bureau. The Chief Animal Warden A. Plans/directs/supervises the activities of the Animal Control Bureau, develops goals and objectives, establishes operational procedures, determines priorities, identifies problems and initiates corrective measures. B. Assigns and/or performs duties to include patrolling routinely, responding to citizen complaints, licensing, enforcing applicable ordinances, testifying in court, assisting in handling vicious and/or dangerous animals, assisting the Cook County Sheriffs Office in evictions/cruelty to animallabandoned animal cases-. C. Oversees the operation and maintenance of the Animal Shelter, and may assist in cleaning/disinfecting cages, feeding animals, requisitioning supplies/equipment, maintaining the supplies/equipment inventory. D. Supervises employees and volunteers, provides technical training in animal carelhandling, traps animals, relocates wildlife, participates In employee -selection, ' develops work schedules, and evaluates subordinates. E. Prepares and maintains records, e.g animals impounded, animal bites, lost animals, adoptions; violation's ia5ued, animals destroyed, compiles and analyzes- data, prepares quarterly and annual reports for budgetary purposes and monthly reports. . . • F. Determines the disposition of impounded animals, attempts to locate owners, may arrange and approve adoptions, identifies and approves animals to be destroyed, assists the veterinarian in destroying diseased and/or injured wildlife, stores carcasses and arranges for disposal. G. Responds to inquiries of a non technical nature; receives, collects, and prepares receipts for pickup fees, fines, boarding fees, license fees and animal trap deposits. H. Acts as information resource and contact for area groups or organizations interested in animal welfare, may attend meetings as speaker or resource person. 1. Assists on -call (after hours, holidays, days off) with emergency animal -related calls. J. Assigns and/or assists in the capture of animals involved in bite cases and follows up on bite reports with local veterinarians to insure compliance with state and local ordinances. K. Supervises employees, answering their questions. offering advice/direction, performing training and evaluation, administering discipline L. Maintain records necessary to complete administrative reports, as required, Such as monthly report, quarterly report, calendar -year annual report, and fiscal -year annual report. Records should be kept by type of animal. Records may include, but are not limited to the following: a strays impounded a animals returned to owner • unwanted impounded _ total citations issued a animal bites animals submitted for rabies exam • animals euthanized ® shelter adoptions ® other types of adoptions a total animals handled by shelter ® animals given up as unwanted ® miscellaneous calls, services, and complaints Evanston Police Department ANIMAL CONTROL SOP Effecflve July 24. 20M SOP1.3 RESPONSiBILITIES OF THE ANILl1AL WARDEN Effective July 24, 2006. Revision cafes: The Animal Warden performs the following day -today activifes under direct supervision of the Chief Animal Warden, including, but not limited to: A. Handles citizen complaints such as, stray dogs and cats, barking dogs, defecation violations, dogs off leash, animals on school property, and other complaints. B. ' Traps and' -relocates urban wildlife C. Follows up on animal bite cases D. Fills out daily activity sheets for work assigned and other records pertaining to found animals, 'animals given up as unwanted, strays, adoptions, traps loaned out, lost -and -found books and any other daily activities on which records must be kept E. Issues citations for animal violations and appears in court when needed F. Releases impounded pets to owners G. Receives money for pickup fees, boarding fees, licenses, tickets, and trap rentals H. Assists veterinarians in euthanasia of animals as needed I. Picks up dead animals not on private properly J. Assists citizens with miscellaneous animals (wildlife) in-house., and with the captureltrapping of wildlife for release or relocation K. Picks up supplies and receives supplies needed for the animal shelter L. Assists Cook County Sheriffs Department in eviction cases involving animals M. Assists senior citizens and handicapped persons in animal -control matters, such as picking up traps from the shelter and bringing their pets to the veterinarian for medical care (at the discretion of the Chief Animal Warden) N. Inventories traps 0. Enters data into the computer P. Responds (on call) to after-hours calls, as assigned Q. Performs additional tasks, as assigned . is E 0 Evanston Police Department ANIMAL CONTROL. SOP Effacgve My 24, 2005 SDP IA ASSIGNED DUTIES: CHIEF ANIMAL WARDEN Effective July 24, 2008 Revision Dates. The Chief Animal Warden performs the following duties during the normal shift. A. Compiles daily records for future reports (monthly, quarterly, annual, year-end); completes reports as needed and submits them to the division head, as directed B. Maintains inventory of equipmenthools and makes minor repairs as needed C. Trains and evaluates Animal Control employees D. Performs duties to include patrolling routinely, responding to citizen complaints, enforcing applicable city ordinances, assisting the Animal Warden with other calls (when time permits) E. Assumes responsibility for the care and storage of the animal tranquilizer gun and equipment sometimes used on feral dogs F. Works with volunteers and community groupslorganizations interested in animal welfare, when appropriate G. Oversees and supervises daily activities of the Animal Warden, reviewing the Animal Warden's daily activity sheets H. Follows up on citizen complaints against employees and recommends disciplinary action when required 1. Enters data into the computer J. Provides sheltered animals with humans care and proper treatment K. Maintains shelter in compliance with state and federal laws Evanston Police Department ANIMAL CONTROL SOP . Eff=We July 24, 2006 SOP 1.6 ASSIGNED DUTIES: ANIMAL WARDEN Eifecilve July 24, 2008 Revision Dates: Animal Warden Work Schedule on Tuesday through Saturday. - A. Sign in (10-41) on -air at the beginning of the tour of duty B. Pick up assignments from the front desk at the police department C. Check voice mail for messages (also check periodically throughout the day) D. Handle priority calls E. Obtain (around 9:00 a.m.) morning assignments from the Chief Animal Warden F. Perform r6utine morning tasks: responding to citizen complaints; trapping and relocating wiidiife; patrolling for stray dogs, troubled areas, parks, beaches, schoolyards, neighborhoods needing extra attention G, Take lunch (102). Time will vary, based on workload H. Complete any unfinished morning calls before returning to shelter to complete paperwork and perform afternoon tasks (cleaning, feeding, bite reports, returning aribals to oivriets, citizen complaints) 1. Clean out vehicle J. Appear in ordinance court regarding animal -ordinance violations at 9:00 a.m., or at Administrative Adjudication at 1:00 p.m. as required. K. Perform other duties as required/assigned L. Check out (10-42) at and of tour of duty, securing building • • Evanston Police Department • ANIMAL CONTROL SOP Effective July 24, 2006 SOP 1.S RESPONSIRILmES OF THE SHELTER AIDE Effective July 24, 2006. Revision Dates: I. Monday thrdugh Friday, 8:00 a.m. to Moon (12:00 p.m.). the Shelter Aide is responsible for following activities: A. Maintaining the shelter and grounds B. Cleaning the kennel areas C. Handling and caring for the animals D. Answering the phone and checking voice mail E. Handling citizen inquiries and disseminating Information F. Handling licensing _ G. Controlling trap -rentals H. Collecting boarding fees 1. General record keeping and file maintenance J. Other animal control duties as needed 11. When the Shelter Aide has a day off, the Animal Warden will take over the • Shelter Aide's assigned duties, assisted by the Chief Animal Warden if necessary. • Evanston Police Department ANIMAL CONTROL SOP EfrecUve July 24, 200@ SOP 1.7 ASSIGNED DUTIES: C A.R.E, Effective July 24, 2006 Revision Dates: The purpose for which C.A. R.E. (Community Animal- Rescue Effort) has been organized is set forth in its Articles of Incorporation, as follows: • To support animal rescue efforts in the City of Evanston • To promote and encourage the humane treatment of animals through the education of the community • To provide for the needs of animals at the Shelter, to include: medical, food, socialization, and safety • To place animals in safe, healthful environments, as measured by established adoption guidelines • To raise funds to provide for medical care and food for the animals, as well as improvements at the shelter, and to otherwise further the aims of C.A.R.E. C.A.R.E. is a not -for -profit volunteer organization dedicated to promoting the humane treatment of domestic pets through public education and active involvement with abused and abandoned animals brought to the Evanston Animal Shelter. C.A.R.E. volunteers staff the Animal Shelter on weekdays, evenings, all day on weekends/holidays. C.A.R.E. volunteers provide care of shelter animals and perform general housekeeping chores. • C.A.R.E. volunteers have the prirnary responsibility for implementation of the adoption program at the shelter. .7 Evanston Police Department • ANIMAL CONTROL SOP Effective duty 24, 2006 SOP 1.8 WORKING CONOITIONS Effective July 24, 2DO6. Revision Dates: 1. Working Hours A. The Animal Shelter is open sic daystweek, with two wardens handling Animal Control and a part-time Shelter Aide taking care. of the shelter. B. The following work -schedule is in effect: 1. Shelter Aide Mondav-- Fridav (Year Round) a. OB00 hours start time b. 1200 hours end tour of duty 2. Animal Warden Tuesdav — Saturdav' a. 0830 hours start time b. 1700 hours end tour of duty 3. Chief Animal Warden Mondav — Fridav a. 0730 hours start time b. 1600 hours end tour of duty • C. Schedules may change, based upon staffing availability. The Chief Animal Warden will advise the division head when the work -schedule needs adjustment. D. When one of the wardens is on vacation, the non -vacationing warden will work the following schedule: 1 . 0730 hours starting time 2. 1600 hours end tour of duty 11. " Meal and Break Policy A. Animal Control Wardens may take one 30-minute meal break and two 15-minute breaks per tour of duty at any time that does not conflict with Animal Control activity. finder extenuating circumstances, the meal -break may be -extended to an hour by foregoing the two 15-minute breaks allotted to that tour of duty. B. The wardens must notify Communications when signing off for a meal or a ! break, and mast clear with Communications when returning to work. Evanston Police Department ANIMAL CONTROL SOP Effeclive duly 24, 2006 SOP 1.9 SECURITY AND SAFETY AT THE ANIMAL SHELTER Effective July 24, 2006. Revision Dates: 1. General Security and Safety Procedures A. Only shelter employees, volunteers, and police officers may use the south entrance to the building. B. The front door will be locked when a warden is not in the office area. C. Cages of animals that may bite will be dearly marked to indicate such. il. Visitor protocol A. All visitors will check in at the front desk. B. - Visitors will be supervised at all times by Animal Control personnel or volunteers. C. Children will not be admitted to the shelter without parental or adult supervision. D. Visitors will refrain from removing animals from cages. E. No visitors will be allowed in the Quarantine Room: F. No visitors will be allowed access to areas that have just been cleaned, i.e., areas where the floors are wet. Ili. Volunteers A. Volunteers will check in with a Warden or the Shelter Aide upon arrival at the shelter, or —if they are unavailable —with a C.A.R.E. supervisor. Note: C.A.R.E. will assure that Animal Control at ail tunes is supplied with an updated list of volunteers. B. Volunteers may be restricted from, areas of the shelter due to safety concerns. E Evanston Police Department ANIMAL CONTROL SOP ErtacHVe July 24. 2005 SOP 1.10 ANIMAL TRANQUILIZER EQUIPMENT Effective July 24, 2006. Revision Dates., I. Animal Tranquilizer Gun and Drugs A. The tranquilizer gun will be used onlywith the approval of the division head or designee. B. Only the Chief Animal Warden is authorized to use the tranquilizer equipment. C. This equipment will be kept at all times when not in use in a locked security closet. D. Only animals that are a nuisance and create a serious problem will be tranquilized. If an animal has tags or other means of identification, it will not be tranquilized except under the most critical of circumstances. II. Drug Dosages A. 22 pound dosage 1/10 cc Rompun Y2 cc Kedamine B. 33 pound dosage 1.6/io cc Rompun % cc Kedamine C. 44 pound dosage z/i4 cc Rompun 1 cc Kedamine • D. 55 pound dosage 2-5110 cc Rompun 'I % co Kedamine E. 66 pound dosage 3/10 cc Rompun 1 %z cc Kedamine F. 77 pound dosage 3-5lio cc Rompun 1 % cc Kedamine G. 88 pound dosage 4/10 cc Rompun 2 cc Kedamine H. 99 pound dosage 4,5/io cc Rompun 2 % cc Kedamine I. 110 pound dosage l2 rc Rompun 2 1%z cc Kedamine (ace dart) Ill. The drugs Kedamine and Rompun can be purchased only through a licensed veterinarian and we must have the veterinarian's approval to purchase these drugs under his direction. • Evanston Police Department ANIMAL CONTROL SOP Effective July 24, ZOOS SOP 1.11 ANIMAL CONTROL FINES AND FEES Effective July 24, 2006 Revision Dates: I. Collection of Fine and Fee Payments A. With the exception of fees collected for trap -rentals, all fees/fines must be paid by cash or by a check made out for ONLY the exact amount due. B. Payments collected for adoptions, pickup, boarding, licenses, and trap rental are to be kept in a security closet until further processed. C. Trap deposits are to be kept in the security closet from the time the traps are loaned out. li. Submitting Collected Monies to the City Collector. A. Payments collected for fines and fees —other than trap -rentals —are to be turned in weekly to the City Collector's Office at the Civic Center. B. Submit animal license forms with the monies attached. C. Submit paid tickets with the monies attached. D. Submit pickup fees, adoption fees, and boarding fees on a general receipt form. Note: A copy of the general receipt will be proffered the Animal Shelter, to be used for further record keeping_ ill. Animal Control Fines and Fees A. Stray Dog/Cat Fees 1. Pickup: $10.00 2.. Board: $10.00/day 3. Adoption: $10.00 B. Ordinance Violations Not Requiring a Court Appearance All animal ordinance violations will be cited on a compliance ticket with a $75.00 Mine. is n �I Evanston Police Department • ANIMAL CONTROL SOP Effective July 24. 2006 SOP 1.12 DANGEROUS DOG ORDINANCE Effective July 24, 2006. Revision Dates: I. Dangerous Dog Ordinance; Evanston City Code, Section 9-4-17 A. Section 9-4-17(i) of the City Code (1) defines a dangerous dog, (2) places restrictions on the movements of such dogs and the actions of their owners, and (3) endeavors to prevent the animal's causing injury to humans, other domestic animals, and property. B. The Animal Control Bureau has primary rersponsibility for enforcement of the Dangerous Dog Ordinance and for monitoring compliance with its provisions once a dog has been classified "dangerous.' II. Incident Reporting A. Wardens will submit an incident report whenever they observe conditions defined by the city's Dangerous Dogs Ordinance, or have such conditions reported to them. The wardens also will perform supplemental follow-up investigations as required. All reports will be turned in at the Service Desk. B. The Chief Animal Warden will maintain a file on each incident involving an ideiitif~ied darigeious ddg and owneriharborer. • Ill. Administrative Review Process A.. Following review of the file and declaration of the dog as "dangerous," the Chief of Police will notify the owner of the animal, in writing, that the dog has been declared dangerous. The Chief also will notify the city's finance director, who is responsible for issuing animal permits (licenses). IV. Appeal of the Dangerous Dog Designation A. The owner of the dog may appeal the dangerous -dog designation to the Chief of Police. Both appeal and response will be in accordance with the provisions outlined in Section 9-4-17(1) of the City Code. B. Following appeal, the owner of the dangerous dog will have 30 days in which to comply with the provisions of Section 9A-17 of the City Code. C. If, at the close of the compliance period, it is deemed that the terms of compliance have not been met, the Chief Animal Warden will be authorized to take enforcement action. V. Notification to Members A. As dogs are declared/adjudicated "dangerous," the Chief of Police will disseminate, via departmental bulletin, information identifying the dog, its owner, and where the dog is housed. The president of C.A.R.E. will be notified, also. VI. Administrative Reporting • A. The Chief Animal Warden each month will report to the Chief of Police both the number of dangerous -dog incidents reported during the past month and the number of citations issued for Dangerous Dog Ordinance -violations. Evanston Police Department ANIMAL CONTROL SOP EffecEive July 24. 2DD6 SOP 1.13 BITE REPORTS AND RABIES FOLLOW-UPS Efiectke July24, 2006. Revision Dates; I. Bite Reports The owner of a biting animal who fails to make any of the required visits is liable for fines ranging from $251day to $5001day for each day he fails to do so. 11. Rabies Follow -Ups Rabies follow-ups routinely will be handled by both the Chief Animal Warden and the Animal Warden. ' is • 0 Evanston Police Department ANIMAL CONTROL SOP • Effective July 24.2D08 SOP 114 ANIMAL ADOPTIONS Effective July 24, 2006. Revision Oates: t. C.A.R.E. handles doglcat adoptions during the following hours: A. Monday —Thursday 6:00 P.M. — 6:00 P.M. B. Saturday -- Sunday 12:00 p.m. — 3:30 p.m. Il. Animal Shelter Adoption Procedures A. Persons adopting animals must be 21 years of age or older. B. C.A. R.E. handles adoption procedures and can refuse adoption for various reasons. However, the Chief Animal Warden and the City of Evanston have the authority to make the final decision. C. All animals adopted from the Shelterwill be micro -chipped and spayed/neutered before final adoption. D. C.A.R.E. will pay fees due the City of Evanston. E. Circumstances and severity of an animal bite will be considered in determining the disposition of an animal, i.e.; suitability for adoption. The Chief Animal Warden and designated C.A.R.E. evaluator will confer to discuss the outcome. • lil. Adoption Returns A. The shelter will accept return adoptions only with proof of adoption. B. Space limitations of the shelter will always be taken into consideration before accepting a return adoption. Altematives will be offered to the adopter should the shelter be unable to accommodate the request. IV. Adoptions by Animal Welfare Organizations and Adoptions of Animals Other Than Dogs and Cats A. Breed -rescue organizations sometimes assist Animal Control and . C.A.R.E. by taking certain dogs. Dogs identified for breed -rescue will be temperament -tested prior to placement. They also will be spayed/neutered, micro -chipped, given shots, and checked for medical soundness. B. At no time will the City of Evanston give any animal to any group or organization that would use the animal for experimentsitests. C. Domestic animals such as rabbits, guinaa pigs, mice, rats, hamsters, ferrets, turtles, snakes, etc. obtained by the City of Evanston will be placed with species -specific rescue efforts known to Animal Control. 0 Evanston Police Department ANIMAL CONTROL SOP • Effective July 24, 2006 SOP 2.1 ANIMAL HOUSING Effective July 24, 2006. Revision Dates: I. Cages A. Because the shelter accepts unwanted animals from Evanston residents, four dog cages and four cat cages will be kept available for stray incoming animals at all times in the main kennel area. if. Length of Stay at Shelter A. The number of days an adoptable animal can be kept at the shelter is limited due to space constraints. Adoptable dogs and cats will be held at the shelter or in qualified foster homes until adopted_ or until qualify of life is compromised. B. Disposition of dogs and cats at the shelter will be handled by C.A.R.E. under direction of the Chief Animal Warden. Disputes regarding disposition will be resolved by the Deputy Chief, Strategic Services Division. C. Animals. in foster care may be brought back to the shelter for adoption. III. Relocated and Missing Animals A. If an animal is removed from the shelter grounds for a reason other than adoption; foster care, transport to a veterinarian for treatment, or other • authorized Animal Control activities, that reason must be documented (date, animal, destination, reason for relocation) on the appropriate form before the animal leaves shelter premises. B. If an animal is discovered to be missing and there is no documented reason for it to be away from the shelter premises, a police report will be filled and an investigation initiated. 0 • Evanston Police Department ANIMAL CONTROL SOP Elfedva July 24. 2006 SOP 2.2 ANIMALS QUARANTINED AND PLACI=D iN ISOLATION EffecUvs July 24, 2006. Revision Dates. I. Shelter Animals Quarantined in the isolation Room A. Dogs and cats deemed too dangerous to interact with other animals will be caged in the Isolation Room whenever possible. B. Animals that are ill or have not yet visited the vet will be placed in the Isolation Room until they can be seen by a veterinarian. 1. Nate: if an animal appears to be ill or has not yet visited a vet, the animal will be placed in the isolation Room until such time as it can make the requisite visit. Under these circumstances, animals . already in isolation will be moved back into the general population at the shelter. C. When the population of the general kennel area reaches maximum capacity, incoming animals may be housed in the isolation Room provided it is not housing sick animals who have not yet visited the vet. II. Shelter Animals with Contagious Diseases • A. A shelter animal deemed by a veterinarian to have a contagious disease will be kept at the animal hospital until such time as it no longer is contagious. The cage in which the diseased animal was confined at the shelter will be disinfected and not used for that particular species for a period of 48 hours. 111. Shelter Animals III and Deceased Due to infection A. If a veterinarian is able to isolate the cause of the disease or death and remove its source, the cages containing sick animals will be disinfected and kept empty for 48 hours. D. If a veterinarian cannot locate the source ofFinfection, and more than one animal is affected, the shelter will be on quarantine for a minimum of ten days and will not accept or adopt out any animals of the same species. n U Evanston Police Department ANIMAL CONTROL SOP Effective July 24, 2UD6 SOP 2.3 BITES AT ANIMAL SMELTER Effective July 24, 2006 Revision Dates: Bites at the Animal Shelter and 'Its Environs A. A police report must be made if medical attention is sought or if an animal bite or scratch is of a serious nature. B. A memo describing the incident and circumstances must be submitted to the Chief Animal Warden no later than 12 hours after the incident. A copy of the memo will be attached to the animal -inventory card. C, if a warden or the Shelter Aide is bitten, an on-the-job injury report or first aid report will be submitted through the proper channels. D. The Chief Animal Warden (or designee) will review the circumstances of the bite or scratch to determine if any further action is necessary. E. Any animal that has seriously bitten or scratched someone must be held under observation for a period of 10 days, under terms of the Cook County Animal and Rabies Control Ordinance. • F. A biting animal that is deemed too dangerous to be held- for the 10-day holding period wiil be euthanized and sent in for further testing to the Cook County Department of Animal and Rabies Control. • • Evanston Police Department • ANIMAL CONTROL. SOP Effective .July 24, 2ODS SOP 3.1 INJURED OR ILL ANIMALS Effective July 24. 200& Revision Dates: An injured or ill domestic animal picked up by the wardens or police officers will be transported directly to a designated veterinarian for care and treatment. if the veterinarian believes the animal can be saved and subsequently will enjoy a quality life, the following measures will be taken with regard to medical costs: A. If the animal was recovered as a result of a police cruelty investigation, initial treatment for basic supportive care and any special testing necessary for prosecution will be the responsibility of the City of Evanston. If long-term care or specialty medical treatment is necessary for recovery, a meeting will be held wish a representative of the -City of Evanston and G.A.R.E. to determine. a plan of action and responsibility for any additional costs. B. C.A.R.E. will be responsible for the initial basic supportive care of all other injured or ill domestic animals. As soon as practical, C.A.R.E.'s Medical Director (Canine or Feline) will be contacted and advised of the situation. Responsibility for additional medical care and costs will be determined on a case by case basis by a representative of CARE. C. If an owner is located, they will assume financial responsibility for initial supportive measures already taken and any additional costs. • D. Should the veterinarian advise euthanasia, the City of Evanston will be responsible for the cost 0 Evanston Police Department ANIMAL CONTROL SOP Ermcflve July 24, 2006 SOP 3.2 EUTHANASIA Effective July 24, 2006. Revfslon Dates. 1. Euthanasia Policy A. Euthanasia of Stray Dogs I. A stray dog picked up and exhibiting behavior considered dangerous will be kept under observation for a period not to exceed 7 days, after which Animal Control and C.A.R.E. together will detemnine whether the animal is adoptable or unadoptable. 2. The Chief Animal Warden will make the final decision as to whether a dog is dangerous or not. If C.A.R.E. disputes the Chief Animal Warden's decision, the disagreement will be resolved by the division head. Animals found to be unadoptable will be euthanized. B. Euthanasia of Animals Exhibiting Minimal Aggression Animals exhibiting behavioral problems or minimal aggressive traits will be assessed by C.A.R.E. volunteers and Animal Control to determine their eligibility for behavioral work If behavioral work Is initiated and no significant improvement results, the animal will be deemed not adoptable and will be euthanized. C. Euthanasia of Adoptable Animals • Every effort will be made not to destroy an adoptable animal. C.A.R.E. volunteers will consult with the Chief Animal Warden (or designee) to use is the space -to -animals ratio optimally and to find alternatives to euthanasia. C.A.R.E. will designate certain volunteers to contact and consult with the Chief Animal Warden before any shelter animal is euthanized. It. Euthanasia Procedure A. Injured or ill dogsfcatshvildiife will be euthanized by a local veterinarian, as needed. B. Injured or ill skunks will not be transported to a veterinarian for euthanasia. If the movement of the skunk can be contained, the following professional services will be used: Animal Control Specialists 2875 North Milwaukee Ave. Northbrook, IL 60062 847/827-7800 Note: Currently McCormick Animal Hospital (8260 McCormick, Skokie, Illinois, 847-676-2444) pedo►rms euthanasia for the city. C. Aside from the above -described instances of mandatory euthanasia, the decision to euthanize will be on a case -by -case basis. if Animal Control and C.A.R.E. do not agree that euthanasia is appropriate in a specific instance, the division head, will resolve the conflict. • Evanston Pollce Department ANIMAL CONTROL SOP • Effective July 24, 2DD6 SOP 3.3 DECEASED ANIMALS Effective July 24, 2006. Revision Dates: 1. All deceased dogs, cats and wildlife on city property, and deceased dogs on private property but not owned by the resident, will be picked up as soon as possible by Animal Control and brought to the shelter. Ii. All deceased wildlife and cats on private property are the responsibility of the property -owner. The city recommends patting the deceased animals in a plastic garbage bag, securing the bag with a twist tie, and placing it in the garbage for pickup by the Department of Streets and Sanitation. 111. All dead animals picked up on city property (streets, alleys, parkways, etc.) will be stored with euthanized animals at the Animal Shelter until the pickup service arrives. IV. Dead rat calls will be handled by the Evanston Health Department or Animal Control depending on who receives the call first V. Animals found dead in garbage cans are the property owner's responsibility. VI. Residents who wish to bring in their deceased pets n3ay do so by calling Animal Control and making an appointment. There is a $20.00 fee. Under special circumstances, it may be waived by the Chief Animal Warden. • n L� Evanston Police Department. ANIMAL CONTROL SOP . Ef;eciive July 24. 2005 SOP 3.4 RELEASE OF PETS TO OWNERS Effective July 24, 2006. Revision Dates: I. Procedures A. The City of Evanston will hold stray dogsleats for seven days, pending pickup by owner. Note: At its discretion, Animal Control may hold the animal longer in an effort to have it adopted rather than euthanized. R. Identification of lost pets is made through ID tags, rabies tags, veterinarian tags, city -issued animal licenses, and implanted microchips. C. Owners will be contacted by phone. If chat proves impossible, and if the owner lives in Evanston, the warden will leave a note at the owner's home, asking the�owner to contact the shelter. D. Stray dogs and cats will be returned to their owners (or a representative of the owner) as soon as possible. IL Return of Lost Pets A. No animal will be released to its owner (or the owner's representative) without proof that the animal is current on its rabies vaccination. If the animal is not current, the warden will have it inoculated against rabies by a licensed veterinarian at McCormick Animal Hospital. B. An animal will be released to its owner (or his representative) only after being licensed by the City of Evanston [f applicable) and only after all fees (e.g. pickup, boarding, vaccination) have been paid. 0 Evanston Police Department • ANIMAL CONTROL SOP Effsc%e July 24. zoos SOP 3.6 ANIMAL$ OBTAINED DUE TO EvICTIONIABANDONMENT Effective July 24, 2006. Revision Dates. I. Eviction A. When Animal Control assists the Cook County Sheriff's Department with an eviction, the sheriff must sign a give -up card so that the City of Evanston will not be held responsible. B. An animal obtained as the result of an eviction will be held for a period of not less than a week, so long as the health of the animal permits it. C. If an animal remains unclaimed by its owner at the close of the one -week holding period, the City of Evanston can adopt or euthanize it. Il. Animal Abandonment If the owner of a property signs a give -up inventory card, Animal Control will remove/assist in removing any abandoned animal from that owner's property. The animal will be held for one week to give its owner a chance to reclaim the pet by paying all boarding, pickup, and procedural fees required by state and local ordinances. Evenston'PDitce Department ANIMAL CONTROL SOP Efrec ilve July 24, 2005 SOP 3.6 UNWANTED Aim i_s Effective Jufy24, 2006 Revision Dates: 1. The shelter accept- unwanted animals from Evanston residents (with identification) if the animals are healthy and stable (non -aggressive). II. The fee for this service Is $35 per adult animal, $50 per litter, and $35 per mother with fitter. Ill. A give up list will be maintained for this purpose. Give up animals will be taken in when space allows and in numerical order from the list. IV. Attempts to resolve the problem and maintain the animal in the home will be made by offering counseling on behavioral issues. v. Unwanted animals requiring euthanasia will be referred to a veterinarian at owners' expense. vI. The shelter is not equipped to handle animals other than dogs or cats cats. Therefore, the owner of a nori-canine, non feline pet is responsible for seeking out alternate resources. Wardens will help with suggestions. • 0 Evanston Police Department • ANIMAL CONTROL SOP Effective July 24. 2008 SOP 3.7 WILDLIFE Effective July 24, 2006. Revision Dates: 1. Wildlife in Residence A. Animal Control will remove wildlife (birds, bats, raccoons, etc.) from a private residence only ONCE, and then only from the LIVING AREA (not from basements, chimneys, crawl spaces, attics, etc.). The homeowner will be advised how to prevent recurrence of the problem (cap all chimneys, make necessary repairs, etc.). if there is a subsequent instance of wildlife in the residence, the homeowner will be referred to a licensed trapper. A log will be kept of wildlife4n-residence incidents. B. All Instances of wildlife in residential spaces at schools (including university dorms) and businesses will be referred to a private trapper for removal of the animal. C. For squirrels, homeowners may borrow a trap if the trap agreement is followed. IL Feral Cats A. Feral Cats Defined 1. A cat born in the wild, or the offspring of a cat (owned or feral) that is not socialized, or a formerly -owned cat that has been abandoned • and no longer is socialized B. Feral Kittens 1. The kittens of feral cats will be examined by a licensed veterinarian within 43 hours of arrival at the shelter. Unhealthy kittens not treatable within reasonable means will be euthanized at the earliest possible date. 2. Healthy Mittens of a feral cat will be kept in isolation until they are weaned. 3. Note: Following weaning the feral mother can be put up for adoption, at the Chief Animal Warden's discretion, if her socialization has improved. C. Adult Feral Cat Deemed Unadoptable ' 1. An unadoptable adult feral cat will be: a. Referred to a feline rescue group specializing In feral rat placement, but only after having a blood test, shots, neutering, and ear tipping. Ear tipping indicates the cat has been spayed/neutered. b. Released on the property where it was found, with the homeowner assuming "ownership;' and only after the cat receives a blood test, shots, neutering, and ear tipping. • C. Euthanized humanely Ill. Pigeons It is the responsibility of the property owner to get rid of pigeons on the property by hiring a professional_ Animal Control will assist with referrals. Evanston PDIice Department ANIMAL CONTROL SOP Effective July 24, 2006 SOP 3.$ WILDLIFE TRAPPING AND RELOCATING Effective July 24, 2006. Revision Dates: I. Trap Lending Policy and Procedures A. it is imperative that traps at all times be available for the use of city residents, due to the large number who ask to barrow traps. B. Residents borrowing traps sign a borrower's agreement form. C. To encourage prompt return of borrowed traps, the city rpquires a cash deposit, refundable (minus any overdue fees) when the trap is returned to the shelter. D. All traps must be picked up at the Evanston Animal Shelter and returned within the specified 30-day period to avoid delinquent charges and to insure full refund of deposit. E_ Exceptions to the above policies may be made at the discretion of the Chief Animal Warden. 11. Trap Fees TYPE of TRAP ❑EPosrr USER FEE 1BoRRQWP_k5 AdF& Ef Effi Squirrel $25.00 $10.00 $2.001day late fee Cat/Skunk .$35.00 $10.00 $2.001day late fee Small Raccoon $50.00 $10.00 $2.001day late fee Gas Opossum Large Raccoon $60.00 $10.00 $2.00/day late fee $10.00 USER FEE NOT iNCLUDED fN DEPOSIT AND NON-REFUNDABLE Ill. Animals In Chimneys A. Birds or squirrels in the chimney are the homeowner's responsibility. However, a trap may be borrowed for squirrels if the trap agreement is followed. B. Raccoons in the chimney during birthing season (March -May) will be remrred to a private trapper. Ali other in, onths a trap may be borrowed if the trap agreement is followed. C, All homeowners who have .animals in their chimneys (furnace or fireplace) will be advised to cap their chimney after the trapper removes the animal. iV. Cats All cats that are trapped mast be brought in to the shelter or released by the borrower. V. Large Animals • T he., ity does not traplralocate large wildlife such as deer and coyotes. . • Ll 0 Evanston Police Department ANIMAL CONTROL SOP Effective July 2+4, 2006 SOP 3.9 SERVICES RENDERED TO NORTHWESTERN UNIVERSITY, PUSLICIPRIVATE SCHOOLS, AND BUSINESSES Effective July 24, 2006. Revisfon Dates; Schools and businesses are responsible for providing Animal Control with the name of a representative 6f the school or business to show the location of any calls. 11. Stray Dogs on School and Business Properties A. Animal Control will assist in picking up stray dogs at school and business properties. If a stray eludes capture and is sighted later on a school or business property, it will be the responsibility of the school or business to notify Animal Control of the dog's return and location, and to assist Animal _ Control In capturing the stray. B. Note: Stray dogs will be picked up at Northwestern University ONLY if they are already caught and held by Campus Security. II. Wildlife in Private Schools A. Private schools will be responsible for capturing. (and. releasing, if applicable) any wildlife that has entered its buildings. ' B. Animal Control will provide the use of a live trap in accordance with the trap -rental agreement. Ill. Private Trappers A. A private trapper will assist in handling calls involving skunks. B. Animal Control will provide the phone numbers of several private trappers to assist in handling wildlife calls. IV. Injured Animals on School and Business Properties A. Animal Control vdil pick up any injured animal on a school or business property. B. Animal Control will pick up ONLY injured dogs and cats from Northwestern University. The university will handle all other injured vdiidlife. EXHIBIT E Mission Statement of C.A.R.E. and Sample List of C.A.R.E. Activities Mission Statement of C.A.R.E. and Sample List of C.A.R.E. Activities !Mission: CA.R.E. is an all -volunteer, nonprofit organization with a mission to serve Evanston and surrounding communities by fostering and supporting healthy, positive relationships between people and companion animals. C.A.R.E. provides for the needs of animals at the Evanston Shelter; adopts animals into safe, healthy, lifelong homes; serves as an educational and counseling resource; and works to reduce pet overpopulation. Vision: C.A.R.E. volunteers envision a future with no more homeless or abused pets. In pursuit of this goal we will: ■ be the premier resource in the North and Northwest suburbs of Chicago for information regarding companion animals. ■ be a national model for an effective and efficient volunteer humane organization with a committed, well -trained and diverse volunteer base. ■ be a valued and recognized partner with the City of Evanston on development and implementation of policies and practices related to animals ■ partner with a large and growing group of supporters who provide the financial resources needed to improve and expand our facility, programs and services. .activities: C.A.R.E. volunteers contribute from three to 30+ hours per week, assuming complete responsibility for Shelter activities during weekday evenings, all day on weekends and on holidays. On a day-to-day basis, volunteers perform several duties such as: • Feeding/medicating animals • Cleaning kennels/cages • Walking and socializing dogs • Conducting adoptions • Exercising and socializing cats • Grooming animals • Fostering special needs animals • Conducting outreach education • Providing advice/assistance to pet owners experiencing problems with their pets • Transporting animals to/from the veterinary clinic • Directing all veterinary care including spaying/neutering, micro -chipping, vaccinations. • Conducting in -shelter and out of shelter humane education. • Maintaining a large/active volunteer base. • Maintaining communication with supporters, adopters and volunteers. • Participating as court advocates for animal abuse/neglect cases. • Fund-raising (there are four major fund raisers a year with a variety of smaller fund-raisers.) 0 is 11 E-1 Long -Range Objectives: 1. C.A.R.E. will address companion animal homelessness, neglect and mistreatment with cutting- 0 edge preventive and corrective programs. n U • 2. C.A.R.E. will recruit and retain the best volunteers possible, providing them with the training, support and infrastructure necessary for effective performance and instilling personal pride in service and C.A.R.E.'s mission. 3. CARE. will expand its educational and advocacy outreach into Chicago and throughout the North and Northwest suburbs. 4. C.A.R.E. will have a facility that meets all the needs of animals as well as visitors and volunteers. 5. C.A.R.E. will provide an unmatched level of customer interaction and service. 6. CARE. will optimize its organizational structure and operations for effectiveness and efficiency. 7. C.A.R.E. will practice sound financial management as it diversifies and expands its fundraising efforts. 2 EXHIBIT F CONSTRUCTION AGREEMENT This Construction Agreement ("Agreement") is entered into by and between the City of Evanston ("City") and Community Animal Rescue Effort Friends of the Evanston Animal Shelter, Inc. ("C.A.R.E"), an Illinois not -for -profit corporation, as of this S-&Af V , 2007. RECITALS WHEREAS, City and C.A.R.E. currently operate an animal shelter (the "Shelter") located at 2310 Oakton Avenue, Evanston, Illinois (the "Property"); and WHEREAS, City, as Landlord, and C.A.R.E., as Tenant, have entered into that certain Lease (the "Lease"), pursuant to which City is leasing to C.A.R.E. and C.A.R.E. is leasing from City the Property, described in the Lease as the Premises; and WHEREAS, City and C.A.R.E. have agreed to undertake certain improvements to the Premises in accordance with a separate Construction Agreement; and WHEREAS, this Agreement shall serve as such separate Construction Agreement, and shall set forth the terms and conditions upon which improvements to the Premises shall be undertaken and funded. NOW, THEREFORE, in consideration of the agreements and obligations set forth herein, and other valuable consideration, the receipt and sufficiency of which is hereby • acknowledged, City and C.A.R.E. hereby agree as follows: AGREEMENT 1. The Improvements. City and C.A.R.E. (collectively, the "Parties" and individually, a "Party") agree that the Parties shall reasonably work together to timely develop, coordinate and arrange at the Premises certain alterations, additions and improvements (the "Improvements") in order to allow the Premises to better serve as the location for the operation of an animal shelter by the Parties in accordance with the terms of this Agreement. 2. Desisn Development. 2.1 Selection of Architect. Within thirty (30) calendar days after the completion of the Environmental Analysis in accordance with Section 10 of this Agreement, City shall establish a Request for Qualifications and/or a Request for Proposals ("RFQ/RFP") architect review and selection committee ("Committee"), and, at the election of C.A.R.E., at least one representative of C.A.R.E. shall participate as an equal member of the Committee. Such Committee shall work together to promptly select a qualified architect (the "Architect"). • E Within thirty (30) calendar days after establishing the Committee, City shall • produce to C.A.R.E. a draft RFQ/RFP that, when finalized, will be used to solicit bids from qualified architects for the purpose of designing the Improvements. C.A.R.E. shall have ten (10) business days after receipt of such RFQ/RFP to provide comments to the City, which comments shall be reasonably incorporated into the final RFQ/RFP. Within sixty (60) calendar days after the Committee's selection of the Architect, City shall use good faith efforts to negotiate and enter into any agreements with such Architect as may be necessary regarding the design and construction of the Improvements. City shall keep C.A.R.E. apprised, at all times during such negotiations, of the status of the same, and C.A.R.E. may, but shall not be obligated to, attend such negotiations. Following the negotiation of a proposed agreement with the Architect for the design and construction of the Improvements, City shall submit the proposed agreement for approval by the City Council no later than the next regularly -scheduled City Council meeting. 2.2 Plans and Specifications. Promptly after the City Council's approval of the proposed agreement with the Architect, City shall cause the Architect to produce initial plans and specifications for the Improvements (the "Plans and Specifications"). The Plans and Specifications shall be generally consistent with the type, layout, location, and configuration of the Improvements described in the Preliminary Design Plan set forth in Exhibit A attached hereto and made a part hereof. C.A.R.E. shall be invited to participate as a full partner in all project -related meetings during the course of the • preparation of such Plans and Specifications, and may volunteer advice and consent on the same at any time. City shall periodically submit progressive working drawings of such Plans and Specifications to C.A.R.E. for review and recommendations. Upon completion of the Plans and Specifications, City shall provide C.A.R.E. with a draft copy of the same, and C.A.R.E.. shall review and comment on the same within fifteen (15) calendar days after receipt thereof. In the event C.A.R.E. states that, as designed, the Plans and Specifications materially deviate from the Preliminary Design Plan or would materially affect C.A.R.E.'s ability zo conduct the Permitted Use under the Lease, City shall, within thirty (30) calendar days after receipt of such oral or written notification, cause Architect to make such changes as may be necessary to reasonably address C.A.R.E.'s concerns. 3. Budget and Construction. Concurrently with the production of the Plans and Specifications, City and C.A.R.E., with the assistance of the Architect, shall complete a budget (the "Budget") for the Improvements reasonably acceptable to both City and C.A.R.E., setting forth the various costs anticipated to be incurred in connection with the design and construction of the Improvements, as well as the allocation of contributions to be made to cover such costs by both City and C.A.R.E., and certain benclunarks upon which each Party is required to make such payments. The total cost of the Improvements as set forth in the approved Budget shall not exceed One Million and 00/100 Dollars ($1,000,000.00) (the "Total Budget Amount"), of which Four -Hundred Seventy Thousand and 00/100 Dollars ($470,000.00) have been committed by the City as of the Effective Date. In addition, the total amount to be contributed by C.A.R.E. from time to time toward costs containedin. the Budget ("C.A.R.E.'s Contribution") will be Five- ,n Hundred Thousand and 00/100 Dollars ($500,000.00). Within thirty (30) calendar days after the completion of the Environmental Analysis in accordance with Section 10 of this • Agreement, but subject to the provisions of Section 10 of this Agreement, C.A.R.E. shall establish an escrow account and place therein Three -Hundred Thousand and 00/100 Dollars ($300,000.00) that will be used toward C.A.R.E.'s Contribution. Within thirty (30) calendar days of the completion and approval of the final Plans and Specifications described in Section 2.2, above, C.A.R.E. shall place into the escrow account described in this Paragraph an additional One -Hundred Thousand and 00/100 Dollars ($100,000.00) that will be used towards C.A.R.E.'s Contribution. Within thirty (30) calendar days of the commencement of construction of the Improvements described in this Agreement, C.A.R.E. shall place into the escrow account described in this Paragraph the remaining One -Hundred Thousand and 00/100 Dollars ($100,000.00) that will be used towards C.A.R.E.'s Contribution. No later than thirty (30) calendar days after the Effective Date, the City shall establish a separate account and place therein Four -Hundred Seventy Thousand and 00/100 Dollars ($470,000.00) that will be used toward the City's contribution to the Total Budget Amount. In the event City and C.A.R.E. cannot complete a Budget approved by both City and C.A.R.E. on or before the date of final approval of the Plans and Specifications, then the Parties shall seek budgetary assistance by invoking dispute resolution in accordance with Section 20.5 of the Lease. If at any time after approval of the Budget and Plans and Specifications, • unexpected costs in excess of the Total Budget Amount are incurred, City shall solely be responsible for payment of the first Thirty Thousand and 00/100 Dollars ($30,000.00). Afterward, costs incurred in excess of the Total Budget Amount shall be shared between the parties with 50% attributed to C.A.R.E. and 50% attributed to the City, but under no circumstances shall C.A.R.E. be responsible for payment of more than Fifty Thousand and 00/100 Dollars ($50,000.00) beyond C.A.R.E.'s Contribution, without further approval from C.A.R.E; additional finds from C.A.R.E. beyond such amount shall require express approval from C.A.R.E.'s Board of Directors, and will collectively constitute "C.A.R.E.'s Supplemental Contribution." Each Party shall bear its own administrative costs incurred during the design, permitting and construction of the Improvements, and such costs shall not be paid from the Total Budget Amount. Notwithstanding anything to the contrary in this Agreement or the Lease, City shall solely be responsible for paying for any and all of the costs and expenses associated with the performance of the Environmental Analysis required by Section 10 of this Agreement. Such costs and expenses shall not be paid from the Total Budget Amount. Upon receipt of any invoice associated with the design or construction of the 40 Improvements, City shall promptly provide C.A.R.E. with a duplicate copy of the invoice for C.A.R.E.'s review and consideration. C.A.R.E. shall review the invoice and either V/ timely contest the invoice to the City in detail and in writing or remit payment for half of issuch costs to the City from C.A.R.E.'s escrow account. Once C.A.R.E. remits half of such costs to the City, City shall solely be responsible to make full payments to its contractors during the development, coordination, arrangement, and implementation of the Improvements. City shall keep clear records of invoices, receipts and other documents evidencing the imposition of financial obligations for the Improvements and payments made by the City. City will provide C.A.R.E. with access to or copies of all such records upon request. City will be solely responsible for payment of interest or penalties due to delinquent payments made to City's contractors and such amount shall not be deducted from the Total Budget Amount. 4. Construction. 4.1 Construction. Utilizing a general contractor and subcontractors selected according to the City's purchasing rules and regulations, City shall cause to be constructed and installed the Improvements, as described in the approved Plans and Specifications, in accordance with a construction schedule ("Construction Schedule") that must be included in the contract between the City and such general contractor and/or subcontractors. In no case shall the Construction Schedule in the contract between the City and the general contractor and/or subcontractors exceed a time period of three hundred sixty-five (365) days from the effective date of such contract, except if such delays are caused by a Force Majeure Event. City shall be responsible for paying all permit and inspection fees and obtaining all required permits on the Premises, in • accordance with the Plans .and Specifications. City shall ensure that the Improvements are constructed in compliance with all applicable laws and regulations and in a good, workman -like and lien -free mamier. City shall be responsible, at its sole cost and expense, to correct any and all violations of and/or comply with all building, fire, seismic, or other applicable codes as such violations or compliance obligations relate to the construction of the Improvements. City shall work with C.A.R.E. and use its best efforts to ensure that construction of the Improvements is promptly commenced in accordance with the final Plans and Specifications within ninety (90) calendar days after approval of the final Plans and Specifications. The Parties shall also work closely together to ensure that construction of the Improvements is timely completed in accordance with the Budget and the Construction Schedule. 4.2 C.A.R.E. Cooperation. C.A.R.E. will execute all required applications, documents, and easements reasonably required in connection with the construction of the Improvements, within fifteen (15) calendar days of City's request for the same. C.A.R.E. will reasonably cooperate with City with respect to such other matters as to which City may reasonably request C.A.R.E.'s assistance in connection with the development of the Plans and Specifications and the construction of the Improvements. • 5. Revisions to Plans and Specifications. If City determines that it is necessary to revise the approved Plans and Specifications, City shall deliver such revised plans ("Revised Plans and Specifications") to C.A.R.E. in writing for its review and comment, 8 Such Revised Plans and Specifications shall not materially affect C.A.R.E.'s ability to conduct the Permitted Use (as defined in the Lease) at the Premises after completion of • the Improvements or materially deviate from the Preliminary Design Plans attached hereto as Exhibit A. The Revised Plans and Specifications shall replace the earlier Plans and Specifications and be incorporated herein as though the Revised Plans and Specifications were the original Plans and Specifications. 6. City and C.A.R.E. Representatives. Each Party shall designate a representative with respect to the matters set forth in this Agreement. The representative selected by C.A.R.E. shall have full authority and responsibility to act on behalf of C.A.R.E. as required herein. The representative selected by the City shall have full authority and responsibility to act on behalf of the City, except as limited by any applicable Purchasing Agreement or any applicable laws. Furthermore, any contract changes are required to be approved by the City Council before they become effective. Each Party shall inform the other in writing of any change in its representative. 7. Insurance. City shall not permit City's contractors to commence any work until all required insurance set forth below has been obtained by City's contractors, and certificates evidencing the same have been verified by City. City's contractors shall procure, pay for and maintain during the construction of the Improvements and/or the continuance of their respective work on the Improvements, insurance of the types and in the amounts set forth below, which shall be endorsed in all policies to include City and C.A.R.E. as additional insureds, and which shall provide thirty (30) calendar days prior written notice to City and C.A.R.E. of any alteration or termination of coverage. • City's contractors shall procure, pay for and keep in full force and effect: (a) Commercial General Liability Insurance: Commercial General Liability insurance with respect to the Premises and the operations on or on behalf of City's contractors in, on or about the Premises, including but not limited to personal injury, product liability (if applicable), blanket contractual, broad form property damage liability coverage, with a minimum limit of One Million and 00/100 Dollars ($1,000,000.00) per occurrence and Two Million and 00/100 Dollars ($2,000,000.00 in the aggregate, provided however, that City's General Contractor must have a policy with a minimum limit of Ten Million and 00/100 Dollars ($10,000,000.00). (b) Construction Insurance: Construction Insurance with limits of liability of not less than Two Million and 00/100 Dollars ($2,000,000.00). (c) Workers' Compensation: Workers' Compensation coverage as required by law, together with Employer's Liability coverage with a limit of not less than Five -Hundred Thousand and 00/100 Dollars ($500,000.00). City's contractors shall provide copies of certificates evidencing insurance • required by this Section upon request by City or C.A.R.E. 6 Further, City shall cause Architect and any engineers involved in the Improvements to maintain an "errors and omissions" policy in limits of not less than One • Million and 00/100 Dollars ($1,000,000.00) on a per occurrence basis. 8. Construction Management. City shall at all times during construction of the Improvements require contractors and subcontractors to keep the Premises and adjacent areas free from accumulations of waste material or rubbish caused by its suppliers, contractors or workmen. Upon completion of the Improvements, City shall ensure that its contractors shall forthwith remove all rubbish and all tools, equipment and surplus materials from and about the Premises and shall leave the Premises clean to the reasonable satisfaction of C.A.R.E. This final clean-up shall include the cleaning of light fixtures, windows, entries and public space affected by the work. Upon completion of Improvements, City shall notify C.A.R.E. that the Improvements have been completed and are available for inspection for conformance with the approved Plans and Specifications. 9. Cooperation. Except as otherwise provided herein, the City agrees to reasonably consider and incorporate all comments and suggestions made by C.A.R.E. and its representatives related to any aspect of the development and implementation of the Improvements. In the event of any dispute between City and C.A.R.E. related to this Agreement, City and C.A.R.E. shall resolve such disputes consistent with Section 20.5 of the Lease. • 10. Environmental Impact/Termination. Within fifteen (15) calendar days after the Effective Date, the Parties shall take all actions necessary to hire an environmental consultant to perform an appropriate enviromnental analysis of the Premises, which must include a reasonable estimate of costs of potential financial impacts on the Improvements due to the presence or possible presence of Hazardous Substances at, on or under the Premises ("Environmental Analysis"). Such Environmental Analysis shall be completed no later than forty-five (45) calendar days after the Effective Date by a qualified environmental consultant, mutually acceptable to the Parties, and in accordance with the then -current American Society for Testing and Materials Standards and applicable federal and state environmental regulations. The environmental consultant shall be required to provide to both Parties a final written report documenting the findings and conclusions of the Environmental Analysis. The City shall pay for all of the costs and expenses of the Environmental Analysis in accordance with Section 3 of this Agreement. For purposes of this Agreement, the Enviromnental Analysis shall be deemed to be completed when the final report of such Environmental Analysis is provided to both City and C.A.R.E. Based on the results of the Environmental Analysis and notwithstanding anything contrary in this Agreement, either Landlord or Tenant ("Notifying Party") may Terminate this Agreement within thirty (30) calendar days after receiving the final report of the Environmental Analysis by sending written notice to the other Party ("Recipient Party") if Hazardous Substances are identified at the Premises that would make the completion of isthe Improvements economically infeasible. If the Recipient Party, within ten (10) calendar days after receipt of such notice, does not deliver a written response to the Notifying Party expressing disagreement as to whether the Improvements are 10 economically infeasible, this Agreement shall terminate as of the date specified in said notice with no further liability to Landlord or Tenant except as otherwise provided under is Agreement and the Lease. In the event of any disagreement between Landlord and Tenant as to whether the Improvements are economically infeasible within the meaning of this Section 10, Landlord and Tenant shall resolve such dispute consistent with Section 20.5 of the Lease. Landlord or Tenant may also terminate this Agreement if Hazardous Substances are later identified at the Premises that would make the completion of the Improvements economically infeasible, consistent with Section 17.5 of the Lease. If the Agreement is terminated in accordance with this Section 10, City shall pay to C.A.R.E. the Termination Repayment Amount described in Section 12.5 of the Lease. 11. Local Emplovment Program. In addition to the required elements of any contract between the City and third parties, the Parties voluntarily agree to use their best efforts to include the City's Local Employment Program in the selection of an Architect, contractors, subcontractors, and other workers during the design and construction of Improvements, to the extent that utilizing such program does not materially increase the cost of such Improvements. 12. Indemnification. Each Party ("Indemnitor") shall indemnify the other Party ("Indemnitee") against, and hold the Indemnitee harmless from, any and all liabilities, damages (except special, indirect or consequential damages), claims, fees, penalties and • costs (including reasonable attorneys' fees in defending against claims) arising out of the actions or omissions of the Indemnitor in connection with the planning and construction of the Improvements contemplated under this Agreement, except to the extent caused by the negligence or willful misconduct of Indemnitee. 13. Default. If either Party defaults in its obligations set forth in this Agreement and fails to cure such default within five (5) calendar days after written notice from the other Party, then the non -defaulting Party shall be entitled to terminate this Agreement and the Lease, and City shall pay to C.A.R.E. the Termination Repayment Amount described in Section 12.5 of the Lease. 14. Entire Agreement; Modification. This Agreement constitutes the entire agreement between the Parties with respect to the subject matter herein contained and all prior negotiations, discussions, writings and agreements between the Parties with respect to the subject matter herein contained are superseded and of no further force and effect. No covenant, term or condition of this Agreement shall be deemed to have been waived by either party, unless such waiver is in writing signed by the party charged with such waiver. 15. Bindina Effect. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors and permitted assigns. 0 11 16. Controlling Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Illinois. 17. Severability. The unenforceability or invalidity of any provisions hereof shall not render any other provision herein contained unenforceable or invalid. 18. Countemarts. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. (Signature Page Follows) • is IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the latest day and year written below ("Effective Date"). • CITY OR EVANSTON: By: U Its: C�,;-� jtzL &auew- COMMUNITY ANIMAL RESCUE EFFORT FRIENDS OF THE EVANSTON ANIMAL SHELTER, INC.: By: .// Its: • • CHIDMS1h5326811 • 8/13/2007 8/7/2007 44-R-®7 A RESOLUTION Establishing the Affordable dousing Down Payment Assistance Program WHEREAS, the City of Evanston is a home rule unit of government under Article VII of the 1970 Illinois Constitution; and WHEREAS, the Illinois Municipal Code provides in 651LCS 5/11-13-1(11) that the creation and preservation of affordable housing is a proper exercise of the zoning powers of all Illinois municipalities; and WHEREAS, legislation designed to provide for decent, safe, and sanitary housing for all residents of the municipality is within the powers of the City • as a home rule unit of government; and WHEREAS, Goal Two of the City of Evanston's Strategic Plan, adopted by the City Council on March 27, 2006, is to "create policies and programs that result in a well -maintained, diverse housing stock throughout the City of Evanston;" and WHEREAS, the Federal Government has established the HOME Program, the largest Federal block grant to state and local governments designed exclusively to create affordable housing for low-income households; and WHEREAS, the City of Evanston receives HOME funds that it can • use for activities including providing home purchase financing assistance to eligible homeowners and new homebuyers; and 44-R-07 WHEREAS, the City Council created the Affordable Housing Fund, • defined in Section 4-22-2 of the Evanston City Code, 1979, as amended, as: and The fund established by City Council which can only receive and expend monies dedicated to the creation, preservation, maintenance, and improvement of affordable housing for households whose income is one hundred percent (100%) or less of Area Median Income, with sixty percent (60%) of all monies reserved for households that earn less than eighty percent (80%) of Area Median Income; WHEREAS, Section 4-22-2 of the Evanston City Code, 1979, as amended ("City Code"), states that the City Manager or his/her designee may "implement programs including... down payment assistance" that expend monies from the City's Affordable Housing Fund; and WHEREAS, Section 4-22-2 of the Evanston City Code, 1979, as • amended, states programs implemented to administer the Affordable Housing Fund, shall be administered "in accord with guidelines generated by the Evanston Housing Commission, reviewed by the Planning and Development Committee of the City Council, and approved by the City Council;" and WHEREAS, the Planning and Development Committee of the City Council considered the proposed Affordable Housing Down Payment Assistance Program, to be funded with monies from both the HOME Program and the Affordable Housing Fund at its July 23, 2007 and August 13, 2007 meetings, and adopted said recommendations at its August 13, 2007 meeting and recommended City Council approval thereof; and • -2- 44-R-07 • WHEREAS, the City Council considered and adopted the respective records, findings, and recommendations of the Planning and Development Committee at its August 13, 2007 meeting, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS, AS FOLLOWS: SECTION 1: That the City Council hereby approves the Down Payment Assistance Program, recommended by the Planning and Development Committee of the City Council, and attached hereto as Exhibit A and made a part hereof. SECTION 2: That the Down Payment Assistance Program shall be administered in accord with the Affordable Housing Guidelines in order to create, is preserve, maintain, and improve affordable housing in the City Evanston. SECTION 3: That this Resolution shall be in full force and effect from and after its passage, approval, and publication in the manner provided by law. Attest: M P. iC/lorris i/ Clerk ary , , Adopted: 11 , 2007 n LJ ine H. Morton, Mayor -3- 44-R-07 • EXHIBIT A Affordable Housing Down Payment Assistance Program • • -4- 44-R-07 • Section I DOWN PAYMENT ASSISTANCE PROGRAM PURPOSE AND OBJECTIVES The Down Payment Assistance Program ("the Program") was developed in an effort to respond to the housing needs of low and moderate -income households interested in purchasing a home in Evanston who are priced out of the market due to housing prices that appreciate at a higher rate than income growth. This program will strive to meet the program objectives outlined in this section. Program Obiectives 1. To conserve existing owner -occupied housing stock; 2. To maintain stable neighborhoods through the owner -occupied purchases of single family homes and condominium units; • 3. To preserve and encourage economic diversity in the City of Evanston; • 4. To facilitate the purchase of market -rate housing affordable to low- and moderate -income purchasers; 5. To promote successful home ownership opportunities and reduce foreclosures by requiring homebuyer education and responsible mortgage financing for Program participants; 6. To recapture City funds if homes bought through the Program are sold during the affordability period in order to assure future funding for housing assistance. -5- 44-R-07 • Section II DOWN PAYMENT ASSISTANCE PROGRAM DEFINITIONS Area Median Income: Data on median income for defined geographic areas prepared by the U.S. Department of Housing and Urban Development ("HUD"), adjusted for household size and updated annually. The Area Median Income for the Chicago -Naperville - Joliet Metropolitan Statistical Area encompasses Evanston. Code Violations: Violations of the currents BOCA National Property Maintenance Code as adopted and amended by the City of Evanston, other current applicable City building codes and HUD standards. First -Time Homebuver: As defined in the National Affordable Housing Act, 42 U.S.C. § 12704 (14) • Chapter 130, Section 12704: an individual and his or her spouse who have not owned a home during the prior 3-year period , with exceptions for the following: a displaced homemaker who owned a home with his or her spouse; a single parent who owned a home with his or her spouse; and an individual who owns or owned, as a principal residence during the prior 3-years, a dwelling unit whose structure is either not permanently affixed to a permanent foundation, or not in compliance with building codes and cannot be brought into compliance for less than the cost of constructing a permanent structure. Debt Ratios: The allowable percentage of debt, based on the homebuyer's total gross income and various types of debt, including: Housing to Income: Monthly housing expenses should not exceed 33% of gross monthly income for housing expenses; Total Debt to Income: Monthly housing expenses and all other debt is payments should not exceed 40% of gross monthly income WE 44-R-07 Gross Monthly Income: The applicant's gross monthly income as calculated for IRS Form 1040 as defined by the Department of Housing and Urban Development. It includes: • Wages, salaries, tips, etc; • Taxable interest; • Dividends; • Taxable refunds, credits or offsets of state and local income taxes; • Alimony; • Business income (or loss); • Capital gain (or loss); • Taxable amount of IRA distributions, and pension and annuity payments; • Unemployment compensation payments; • Taxable amount of Social Security benefits; • Prizes, awards and gambling, lottery or raffle winnings. It excludes: • Child Support; • Money or property that was inherited, willed or given as a gift; Life insurance proceeds received as a result of someone's death. HOME Program: The HOME Investment Partnership Program, authorized under Title It of the Cranston -Gonzalez National Affordable Housing Act, Public Law No. 101-625 104 Stat. 4079 (1990), 24 C.F.R. Part 92 ("the HOME Program"), which provides formula grants to States and localities to create affordable housing for low- income households. The City of Evanston is a HOME Program entitlement community. Housinq Expenses: Payments for principal and interest on loans secured by lien on the property, plus mortgage insurance premiums, hazard insurance premiums, real estate taxes, special assessments, and homeowner assessments. Low Income: Households with annual income below 80% of the Area Median Income for the area as published annually by HUD. Moderate Income: Households with annual income between 80% and 100% of the Area Median Income for the area. • Mortgage: A duly -recorded encumbrance upon a property. -7- =44-R-07 MSA: is The HUD -defined Metropolitan Statistical Area for Chicago'Naperville-Joiiet, which includes Evanston. Owner -Occupant: A person who occupies and will continue to occupy property that he/she owns. Residential Propertv: A property used for residential purposes. Standard Dwellinq Unit: A dwelling unit that meets the minimum standards, defined by Code, for habitation. Specifically, a dwelling unit in compliance with the current International Property Maintenance Code, as adopted and amended, and HUD Minimum Property Standards, as amended. • 0 44-R-07 • Section III DOWN PAYMENT ASSISTANCE PROGRAM GENERAL RULES AND TERMS OF ELIGIBILITY Loans will be funded from one of two sources: the City's Affordable Housing Fund, which can serve households up to 100% of Area Median Income, or the HOME Program which can serve households up to 80% of Area Median Income. Loans funded through the HOME are subject to the regulations issued under Title 11, the Cranston Gonzalez National Affordable Housing Act. The loan proceeds must be used solely for eligible costs outlined below The following general rules govern financial conditions that apply to the. Program. Applicants who do not comply with or meet the criteria set forth in these General Rules will not be eligible for down payment assistance. General Terms and Conditions • 1. Borrowers must agree to own unit, or one or two -unit building for the term of the loan. 2. Eligible Property: and occupy a condominium, cooperative or in Evanston as their principal residence a. The property must be located in Evanston. b. The property must be a standard dwelling unit and if built prior to 1978 must pass a visual inspection for lead -based paint hazards. c. The appraised value of the property must be at or below the published guidelines based on the funding source. Loans funded through the Affordable Housing Fund cannot have a property value exceeding the prior year's median home sale price for Evanston, which is $340,000 for 2007. Loans funded through the HOME Program cannot have a property value exceeding 95% of the median home purchase price calculated according to HOME regulations and approved by HUD, which is $332,500 for 2007. • d. The property may be: a detached single-family house; attached house; condominium; cooperative unit; manufactured housing, if permanently affixed to the ground; held in a community land trust. 1 i R M 3. Income Eligibility: . a. Borrowers who receive funds through the HOME Program cannot have income which exceeds 80% of the median income of the Chicago (MSA) published annually by HUD. b. Borrowers who receive funds through the City of Evanston's Affordable Housing Fund cannot have income which exceeds 100% of Area Median Income as published annually by the City of Evanston, and calculated as twice the HUD 50% AMI limits. 4. For households with incomes less than or equal to 80% AMI, loans shall not exceed $30,000. For households with incomes greater than 80% and less than or equal to 100% AMI, loans shall not exceed $25,000. For applications where the borrower has more than 10% of the purchase price available for down payment, the loan amount may be limited to an amount that results in a housing- to -income ratio between 25% and 33%. 5. The Borrower must be a first-time homebuyer as defined by HUD. Exceptions may be granted administratively upon request for Evanston residents who jointly inherited property or who require larger housing due to changes in household composition. 6. The Borrower must receive homebuyer education and provide evidence • thereof with a certificate from a HUD -approved housing counseling agency, lender, or a locally -approved counseling course. 7. Affordability Period: Loans are forgiven on a monthly basis over the length of the affordability period such that no repayment is due if the borrower remains an owner - occupant throughout the affordability period. If the borrower sells the property, transfers title, or is no longer an owner -occupant, a pro-rata share of the loan, based on the length of owner -occupancy, is due. a. Loans up to $15,000 are forgiven over five (5) years at the rate of 1/60t" a month. b. Loans greater than $15,000 and less than or equal to $30,000 are forgiven over ten (10) years at the rate of 1/120th a month. 8. Funds must be used to reduce the mortgage principal or pay for closing costs detailed on the Settlement Statement. Borrower may not receive any cash back at closing except for detailed pre -paid closing costs. The source • of funds for the forgiveable loan must be identified on the Settlement Statement. -10- 44-R-07 9. The Borrower must obtain a purchase mortgage through a participating lender which meets the following criteria: a. Maximum 33% housing -to -income ratio b. Maximum 40% total debt -to -income ratio c. Fixed interest rate, or adjustable rate only if the first adjustment occurs after the affordability period d. No interest -only loans e. The total loan -to -value ratio, including the City's second mortgage, cannot exceed 97%. 10. The Borrower must contribute a minimum of 1.5% from their personal funds to the transaction. 11. The Borrower must set up an escrow account with the holder of the purchase mortgage to pay property taxes and insurance. The escrow requirement for payment of insurance may be waived in the case of condominium purchase if evidence of condominium association insurance coverage is provided. Not withstanding any of the following, all Borrowers must provide the City of Evanston with an Insurance Declaration Page that lists the City of Evanston as a named insured. • 12. Upon the request of the Borrower and submittal of a Subordination Request Form, the City may consider subordinating its lien position to another lien holder for the purpose of refinancing the first mortgage loan as long as the borrower does not receive any cash back as a result of the refinancing and the new loan amount is for the same amount as the original purchase mortgage with allowances for generally accepted financing costs. All requests require a minimum of 2 weeks for processing. 13.If the Borrower intends to sell the property before the end of the Affordability Period, he or she should notify the Program Administrator and request a Payoff Letter. 14.In the event of a death of a loan recipient, the loan is due. Heirs of the property may make application for a new loan based on the remainder of the affordability period, but must meet the income guidelines at the time of application. Within 90 days of the recipient's death, the loan must be paid off or an application for a new loan submitted. If the application is not received within 120 days of the recipient's death, the loan will start accumulating interest at a rate of one half of the 30-year Treasury Bond as issued monthly. If the property is left to one or more minors, the loan shall not become due until one (1) year after the first minor reaches twenty-one (21) years of age or until title to the property is transferred to a third party, whichever occurs first. - 11 - 44-R-07 SECTION IV 0 DOWN PAYMENT ASSISTANCE PROGRAM APPLICATION PROCEDURES The Planning Division of the Community Development Department has primary responsibility for overseeing the processing of applications for Down Payment assistance. The procedure for preparing, processing and approving an application is a follows: Application Process 1. Borrower must have a purchase contract for an eligible home in Evanston; 2. Borrower obtains a list of approved participating lenders and applies for mortgage financing from a participating lender; 3. Borrower applies for Downpayment Assistance to the Lender 4. Lender determines income eligibility for Downpayment Assistance and reserves Downpayment funds from the program administrator 5. Administrator verifies eligibility, loan amount, and inspects the property; • 6. Administrator notifies lender and applicant of approval or denial. Disbursement Process 1. Funds will be sent electronically or via check to closing agent for disbursal when applicant closes on first mortgage; 2. Borrower signs Mortgage and Note for the down payment assistance when he or she closes on the purchase mortgage; 3. Title Company records the mortgage. 0 -12-