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HomeMy WebLinkAbout07.14.14 Packet CITY COUNCIL REGULAR MEETING CITY OF EVANSTON, ILLINOIS LORRAINE H. MORTON CIVIC CENTER COUNCIL CHAMBERS Monday, July 14, 2014 Administration & Public Works (A&PW) Committee meets at 6 p.m. Planning & Development (P&D) Committee meets at 7:15 pm City Council meeting will convene after conclusion of the P&D meeting ORDER OF BUSINESS (I) Roll Call – Begin with Alderman Burrus (II) Mayor Public Announcements July is National Park and Recreation Month (III) City Manager Public Announcements Celebration of 100 Years of Safe Water July 26, 2014 Update from Evanston Arts Center (IV) Communications: City Clerk (V) Citizen Comment Members of the public are welcome to speak at City Council meetings. As part of the Council agenda, a period for citizen comments shall be offered at the commencement of each regular Council meeting. Those wishing to speak should sign their name, address and the agenda item or topic to be addressed on a designated participation sheet. If there are five or fewer speakers, fifteen minutes shall be provided for Citizen Comment. If there are more than five speakers, a period of forty-five minutes shall be provided for all comment, and no individual shall speak longer than three minutes. The Mayor will allocate time among the speakers to ensure that Citizen Comment does not exceed forty-five minutes. The business of the City Council shall commence forty-five minutes after the beginning of Citizen Comment. Aldermen do not respond during Citizen Comment. Citizen Comment is intended to foster dialogue in a respectful and civil manner. Citizen comments are requested to be made with these guidelines in mind. (VI) Consent Agenda: Alderman Rainey (VII) Report of the Standing Committees Administration & Public Works - Alderman Holmes Planning & Development - Alderman Rainey Human Services - Alderman Burrus 1 of 728 City Council Agenda July 14, 2014 Page 2 of 8 (VIII) Call of the Wards (Aldermen shall be called upon by the Mayor to announce or provide information about any Ward or City matter which an Alderman desires to bring before the Council.) {Council Rule 2.1(10)} (IX) Executive Session (X) Adjournment CONSENT AGENDA (M1) Approval of Minutes of the Regular City Council Meeting of June 23, 2014 For Action ADMINISTRATION & PUBLIC WORKS COMMITTEE (A1) City of Evanston Payroll through June 29, 2014 $2,890,950.50 (A2) City of Evanston Bills – July 15, 2014 $2,981,001.38 City Credit Card Bills through May 31, 2014 $ 162,353.13 For Action (A3.1) Approval of Professional Consulting Services Contract with SmithGroup JJR for the Church Street Boat Ramp Renovation Project (RFP 14-37) Staff recommends that City Council authorize the City Manager to execute a professional services contract for the Church Street Boat Ramp Renovation Project with SmithGroup JJR (35 E. Wacker, Suite 220, Chicago, IL) at a total cost of $68,000. Funding is provided by the FY2014 Capital Improvement Program (Account 416127) with a budget of $350,000, and an Illinois Department of Natural Resources Grant in the amount of $200,000. For Action (A3.3) Approval of Agency Membership in the Northeastern Illinois Regional Crime Laboratory Staff recommends City Council authorize the City Manager to purchase a membership to the Northeastern Illinois Regional Crime Laboratory in the amount of $11,171.58 for the remainder of the year 2014 beginning September 1, 2014, and the amount of $101,059 for Fiscal Year 2015. Funding for 2014 is provided by the General Fund (Account 2205.62360) which has a budget of $16,288. Funding will be provided by a proposed budget of $102,000 for the year 2015. For Action 2 of 728 City Council Agenda July 14, 2014 Page 3 of 8 (A4) Approval of Change Order No. 1 for Finished Water Metering Improvements (Bid 13-69) Staff recommends City Council authorize approval of Change Order No. 1 for the Finished Water Metering Improvements (Bid 13-69) with Glenbrook Excavating & Concrete (1350 N. Old Rand Road, Wauconda, IL) to extend the contract by 35 days to October 16, 2014. There will be no change to the contract amount. The project in the amount of $488,494.00 is funded from the Water Fund CIP (Account 733105). For Action (A5) Approval of FY2013 Audited Annual Financial Report Staff recommends the City Council accept and place on file the FY2013 Audited Annual Financial Report. For Action: Accept and Place on File (A6) Resolution 37-R-14; Approving Release of Certain Closed Session Minutes Staff recommends adoption of Resolution 37-R-14 releasing the closed session meeting minutes listed on Exhibit A and finding that a need still exists for confidentiality as to the minutes on Exhibit B. For Action (A7) Ordinance 80-O-14, Decreasing the Number of Class D Liquor Licenses for Mumbai Indian Grill, Inc. d/b/a Mumbai Grill, 1728 Sherman Avenue Staff recommends City Council adoption of Ordinance 80-O-14, decreasing the number of Class D liquor licenses from 50 to 49 for Mumbai Indian Grill, Inc. d/b/a Mumbai Grill, as the Company has been sold. For Introduction (A8) Ordinance 87-O-14, Decreasing the Number of Class D Liquor Licenses for Redmaki d/b/a Royin Sushi Bar, 1930 Central Street Staff recommends City Council adoption of Ordinance 87-O-14 decreasing the number of Class D liquor licenses for Redmaki d/b/a Royin Sushi Bar, as the Company is no longer selling liquor at its establishment. For Introduction (A9) Ordinance 66-O-14, Enacting a Regulation on Disposable Plastic Shopping Bags and other related Issues Staff recommends City Council adoption of Ordinance 66-O-14 enacting a ban on disposable plastic shopping bags for chain and franchise stores and the attached information regarding efforts to reduce the environmental impacts of plastic shopping bags in Evanston. For Introduction 3 of 728 City Council Agenda July 14, 2014 Page 4 of 8 (A10) Ordinance 91-O-14 Authorizing 2014 General Obligation Bond Issue Staff recommends City Council adoption of the attached draft ordinance number 91-O-14 for the FY 2014 bond issuance in the not-to-exceed amount totaling $13,000,000. The ordinance will be completed and signed after the bond sale date, which is tentatively scheduled for July 31, 2014. For Introduction (A11) Ordinance 74-O-14, Authorizing the City to Borrow Funds from the Illinois Environmental Protection Agency Water Pollution Control Loan Program Staff recommends City Council adoption of Ordinance 74-O-14 authorizing the City to borrow funds from the Illinois Environmental Protection Agency (IEPA) Water Pollution Control Loan Program for the construction of the Large Diameter Sewer Rehabilitation on Cleveland Street. This ordinance authorizes the City to borrow up to $253,000. This ordinance was introduced at the June 23, 2014 City Council meeting. For Action (A12) Ordinance 69-O-14, Increasing Fines for Using Mobile Telephones while Operating a Motor Vehicle Staff recommends City Council adoption of Ordinance 69-O-14 amending Evanston City Code Subsection 10-3-13(D), which increases the fines for using a mobile telephone while operating a motor vehicle from the current fifty dollar ($50.00) fine to a seventy-five dollar ($75.00) fine. This ordinance was introduced at the June 23, 2014 City Council meeting. For Action (A13) Ordinance 86-O-14, Increasing Fines for Riding Bicycles on Sidewalks in Certain Business Districts Staff recommends City Council adoption of Ordinance 86-O-14 amending Evanston City Code Subsection 10-9-10(E), which increases the fines for riding a bicycle on a sidewalk in the central business district designated as D1, D2 and D3, or in any other district where signs prohibiting sidewalk riding are posted from the current fifteen dollar ($15.00) fine to a twenty-five dollar ($25.00) fine. This ordinance was introduced at the June 23, 2014 City Council meeting. For Action (A14) Ordinance 76-O-14, Increasing the Number of Class D Liquor Licenses for DMK Burger Bar & Fish Bar, 815 Noyes Street Local Liquor Commissioner and staff recommend adoption of Ordinance 76-O-14 amending Evanston City Code of 2012 Subsection 3-4-6-(D), as amended, to increase the number of authorized Class D liquor licenses from fifty (50) to fifty- one (51) and permit issuance of a Class D license to DMK Burger Bar & Fish Bar (“Company”), 815 Noyes Street. This ordinance was held at the Administration and Public Works Committee on June 9, 2014. This ordinance was introduced at the June 23, 2014 City Council meeting. For Action 4 of 728 City Council Agenda July 14, 2014 Page 5 of 8 PLANNING & DEVELOPMENT COMMITTEE (P1) Approval of Sidewalk Café for Naf Naf Grill, 1629 Orrington Ave The Site Plan and Appearance Review Committee (SPAARC) and staff recommend approval of a first-time application for a sidewalk café (SWC) permit for Naf Naf Grill, a Type #2 restaurant located at 1629 Orrington Ave. For Action (P2) Approval of Sidewalk Café for DMK Burger & Fish, 815 Noyes St The Site Plan and Appearance Review Committee (SPAARC) and staff recommend approval of a first-time application for a sidewalk café (SWC) permit for DMK Burger & Fish, a Type #2 restaurant located at 815 Noyes St For Action (P3) Approval of Community Partners for Affordable Housing (CPAH) $300,000 Forgivable HOME Loan Staff recommends the approval of a $300,000 forgivable HOME loan to Community Partners for Affordable Housing (CPAH) for the acquisition and rehabilitation of a five-flat property at 1620 Washington Street. HOME funds will be used for the acquisition and rehab of three of the five units for rental by households with incomes ≤ 60% of the area median income (AMI). Funding is provided by the City’s HOME grant (Account 240.10060.014.5430.65535). For Action (P4) Approval of Affordable Housing Fund Loan for Security Cameras at the Claridge Apartments (319 Dempster) The Housing and Homelessness Commission and staff recommend approval of a forgivable loan from the City’s Affordable Housing Fund to Housing Opportunity Development Corporation (HODC) in an amount not to exceed $25,000. The loan will be used to purchase and install a comprehensive security camera system in the common areas of the 48-unit Claridge Apartment building located at 319 Dempster. Funding is provided by the Affordable Housing Fund (Account 250.10060.004.5465.65510). For Action (P5) Ordinance 90-O-14, Granting Zoning Relief for a Rear Yard Setback and Zero Parking Spaces at 1026 Davis Street The Zoning Board of Appeals and City staff recommend the adoption of Ordinance 90-O-14 granting zoning relief for a 9.9’ rear yard setback and zero parking spaces where 31 parking spaces are required for a new two-story commercial building with retail and two Type 1 Restaurants at 1026 Davis Street. For Introduction 5 of 728 City Council Agenda July 14, 2014 Page 6 of 8 Agenda Items P6 and P7: The following two ordinances 83-O-14 and 89-O-14 provide for rezoning and zoning variations which will accommodate redevelopment to establish one two-unit dwelling and one single family home at 1409 Dodge Avenue and 1825 Greenwood Street. (P6) Ordinance 83-O-14 Zoning Ordinance Map Amendment from I2 to R4 for 1409 Dodge Avenue and 1825 Greenwood Street The Plan Commission, Zoning Board of Appeals and City staff recommend City Council adoption of Ordinance 83-O-14 to rezone the subject property from I2 General Industrial to R4 General Residential district For Introduction (P7) Ordinance 89-O-14 Zoning Relief for Two Principal Structures, Setbacks, and Parking at 1409 Dodge Avenue and 1825 Greenwood Street The Plan Commission, Zoning Board of Appeals and City staff recommend City Council adoption of Ordinance 89-O-14 to approve zoning relief for two principal structures on one lot, a 14.4’ front yard setback, 8.5’ street side yard setback, 1.9’ interior side yard setback, 1.7’ interior side yard setback, 6.6’ rear yard setback, and two parking spaces where three are required. For Introduction HUMAN SERVICES COMMITTEE (H1) Approval of 2014 Emergency Solutions Grant Allocations The Human Services Committee, the Housing and Homelessness Commission and staff recommend approval of 2014 Emergency Solutions Grant (ESG) allocations totaling $135,550: $125,384 to two social services agencies that provide housing and services for individuals and families who are homeless or at risk of homelessness, and $10,166 to the City of Evanston for grant administration. Funding is provided by the City’s 2014 Emergency Solutions Grant entitlement allocation from the U.S. Department of Housing & Urban Development. For Action (H2) Resolution 54-R-14, Authorizing the City Manager to Accept a Grant from the Illinois Housing Development Authority’s Abandoned Residential Property Municipal Relief Program Staff recommends City Council adoption of Resolution 54-R-14, authorizing the City Manager to accept a grant from the Illinois Housing Development Authority’s Abandoned Residential Property Municipal Relief Program. The Illinois Housing Development Authority (IHDA) has provided $75,000.00 in funding to address property maintenance issues at registered vacant properties. For Action 6 of 728 City Council Agenda July 14, 2014 Page 7 of 8 (H3) Ordinance 26-O-14, Evanston Human Rights Ordinance The Human Services Committee and staff recommend City Council adoption of Ordinance 26-O-14, the “Evanston Human Rights Ordinance,” amending Title 1 of the Evanston City Code codifying an Evanston Human Rights Ordinance, and amending City Code Title 1, Chapter 12 “Fair Employment Practices” and Title 5, Chapter 5 “Fair Housing”. Ordinance 26-O-14 mirrors what is already state law by way of the Illinois Human Rights Act. For Introduction (H4) Resolution 49-R-14, Piven Theatre Workshop Lease Agreement City staff recommends City Council adoption of Resolution 49-R-14 authorizing the City Manager to enter into lease agreement with Piven Theatre Workshop (“Piven Theatre”) for a 12-month term to lease certain space at the Noyes Cultural Arts Center (NCAC). For Action (H5) Resolution 50-R-14, Art Encounter Lease Agreement City staff and Human Services Committee recommend City Council adoption of Resolution 50-R-14 authorizing the City Manager to enter into an agreement for 8-month lease term for Art Encounter, Inc. for space at the Noyes Cultural Arts Center. For Action (H6) Resolution 51-R-14, Next Theatre Company Lease Agreement City staff and Human Services Committee recommend City Council adoption of Resolution 51-R-14 authorizing the City Manager to enter into lease agreement with Next Theatre Company (“Next Theatre”) for a 17-month term for certain space at the Noyes Cultural Arts Center (NCAC). For Action (H7) Resolution 52-R-14, Promissory Note – Next Theatre Company City staff and Human Services Committee recommend City Council adoption of Resolution 52-R-14 authorizing the City Manager to negotiate debt repayment and authorize enforcement of the collection of debt owed to the City by Next Theatre Company in the principal amount of $76,345. For Action (H8) Resolution 53-R-14 Actor’s Gymnasium Inc. Lease Agreement City staff and Human Services Committee recommend City Council approval of Resolution 53-R-14 authorizing the City Manager to enter into an agreement with Actor’s Gymnasium Inc. for 8 month lease term for the space at the Noyes Cultural Arts Center. For Action 7 of 728 City Council Agenda July 14, 2014 Page 8 of 8 APPOINTMENTS (APP1) For Appointment to: ADA Advisory Board Jean Prindiville Board of Ethics Jennifer Billingsley Downtown Performing Arts Center Task Force Allyson Brown-Leber Downtown Performing Arts Center Task Force Michael Joannsen Housing & Homelessness Commission Noelle Gilbreath Housing & Homelessness Commission Moika Long Human Relations Commission Leslie Lane-Palmer Library Board Shawn Iles M/W/EBE Development Committee Mahnia Nematollahi Mahani Sign Review and Appeals Board David Wolkowitz MEETINGS SCHEDULED THROUGH JULY 2014 Upcoming Aldermanic Committee Meetings: Tues, July 15 7:30 pm Housing & Community Dev Act Committee Wed, July 16 6:30 pm M/W/EBE Advisory Committee Wed, July 16 7 pm NU-City Committee Mon, July 21 7 pm City Council Wed, July 23 6 pm Transportation/Parking Committee Thurs, July 24 5:30 pm Emergency Telephone System Board Fri, July 25 7 am Housing & Homelessness Commission Mon, July 28 6 pm A&PW, P&D, City Council meetings Information is available about Evanston City Council meetings at: www.cityofevanston.org/citycouncil. Questions can be directed to the City Manager’s Office at 847-866-2936. The City is committed to ensuring accessibility for all citizens. If an accommodation is needed to participate in this meeting, please contact the City Manager’s Office 48 hours in advance so that arrangements can be made for the accommodation if possible. 8 of 728 CITY COUNCIL REGULAR MEETING CITY OF EVANSTON, ILLINOIS LORRAINE H. MORTON CIVIC CENTER COUNCIL CHAMBERS Monday, June 23, 2014 Roll Call: Alderman Rainey Alderman Wynne Alderman Burrus Alderman Wilson Alderman Fiske Alderman Tendam Alderman Braithwaite Alderman Grover Presiding: Mayor Pro-Tem Holmes Mayor Pro Tem Holmes called the Regular Meeting of the City Council to order at 7:25 P.M. after a Roll Call revealed a quorum was present. Mayor Public Announcements Mayor Pro Tem Holmes announced the passing of Mr. Sam McKinley a long time Evanston resident. She also congratulated the Awards Ceremony that occurred on Sunday at the First Church of God Christian Center. IRMCO 100th Anniversary Proclamation was read by Mayor Pro Tem Holmes and then she and Alderman Braithwaite presented to the members who were present. City Manager Public Announcements July 4 Activities was presented by David Schnider of the 4th of July Association. He announced that there was nothing held back this year with all of the activities that will be going on, such as activities for the children, the fun run down Central Street, the parade, concert and finally a spectacular fireworks show. City Manager Bobkiewicz reminded everyone of the City Ordinance concerning placement of chairs (not to be placed before 6 am July 1st) along Central Street. Alderman Tendam presented a point of clarity noting that the 4th of July Association was a volunteer group and not a unit of the local government. City Manager Bobkiewicz asked Marty Lyons, Assistant City Manager/Chief Financial Officer to come and talk about the “Award for Excellence from the Government Finance Officers Association for the City’s Comprehensive Annual Financial Report (CAFR) for FY2012”. He stated there were 1950 municipalities with 141 in Illinois, and that Evanston has won the award for the past thirty years (now actually thirty-two). Holiday Refuse Collection schedule was presented by James Maiworm, Asst. Director/Operations/Facilities. He stated the Friday pickup will be done on the following day. With the upcoming “Recycling Fair, July 12, 2014” there will be electronic drop-off and paper shredding. Also other item will include, bowling shoes, batteries, light bulbs, ink cartridges, etc. The drop off begins at 8:00 am at the high school. 9 of 728 City Council Agenda June 23, 2014 Page 2 of 9 Communications: City Clerk The City Clerk had no communications to share. Citizen Comment: Junad Rizki, 2784 Sheridan Ave. spoke on item number SP1 and he stated the books are not showing a true and accurate. Margaret Tarr, 907 Sherman spoke against the proposal for allowing beer to be sold at gas station. The following persons spoke on CARE Ann Mallow, 2315 Hartzell St. stated the City does not have the standing or support for the CARE volunteers. Leslie Nathan, CARE volunteer (Skokie) stated she believes the funds belong in Evanston. Karen Straws, 1616 Hinman Ave. talked about the monies collected for CARE Mark Carlson, 623 Oakton St. is a 9th ward resident who is also a CARE volunteer. He wanted the words disposition of funds to be changed to “money grab”, and that the City has no legal standing regarding funds raised by CARE. These persons spoke on the noise nuisance Jason Spencer, 907 Sherman stated he did not like Revolution Spin making all of the noise they do and it needs to be cut out. Margaret Tarr, 907 Sherman stated she has measured the distance from her kitchen to Revolution Spin to be about 110 feet, and the owners wrote her and said they would not be sound proofing their windows. She is looking for some help concerning the noise. Renee Sophier, 901 Davis spoke of the concerns of the taxicab drivers who are not licensed properly here in Evanston, and they are taking away the livelihoods of those cab drivers who are obeying the laws set by the City of Evanston, it’s just not fair. Junad Rizki, 2784 Sherman made statements of trying to sell the animal shelter and not sure how serious the city’s concern for the shelter. He also shared his concerns for the Ecology Center’s animals as well. SPECIAL ORDER OF BUSINESS (SP1) Update on Developments with C.A.R.E. Staff requests that City Council receive this update, authorize the City Manager and Corporation Counsel to provide information to the inquiry into C.A.R.E.’s finances by the Illinois Attorney General and provide additional direction to staff as may be desired. For Action The City Manager Bobkiewicz gave an update report and the conversations that he and the Corporation Counsel. He then presented 3 options that the Council could take: (1) to no longer pursue this issue, (2) direct Corporation Counsel to take legal actions, and (3) to cooperate with the Illinois Attorney General’s Office. His recommendation is to have the City Council to offer direction. Alderman Wilson motioned to follow option 3 and it was seconded. A voice Vote was taken with no negative response, and the motion passed. 10 of 728 City Council Agenda June 23, 2014 Page 3 of 9 Items not approved on Consent Agenda: (A3.2) Approval of Fence Purchase for Sherman Parking Garage from Custom Built Commercial Fence Corporation Staff recommends City Council authorize the City Manager to purchase and install fencing on the upper deck of the Sherman Parking Garage in the amount of $24,719 from Custom Built Commercial Fence Corporation (721 N. Seminary Ave., Park Ridge, IL). Funding is provided by the Parking Fund Account 700506.65515. For Action (A11)Ordinance 76-O-14, Increasing the Number of Class D Liquor Licenses for DMK Burger Bar & Fish Bar, 815 Noyes Street Local Liquor Commissioner and staff recommend adoption of Ordinance 76-O-14 amending Evanston City Code of 2012 Subsection 3-4-6-(D), as amended, to increase the number of authorized Class D liquor licenses from fifty (50) to fifty-one (51) and permit issuance of a Class D license to DMK Burger Bar & Fish Bar (“Company”), 815 Noyes Street. This ordinance was held at the Administration and Public Works Committee on June 9, 2014. For Introduction (A12)Ordinance 39-O-14, Allowing the Sale of Beer at Automobile Service Stations Local Liquor Commissioner and staff recommend adoption of Ordinance 39-O-14, “Amending City Code Sections 3-4-1 and 3-4-6 By Creating the New Class O Liquor License Allowing the Sale of Beer at Automobile Service Stations Which Have More Than 3000 Feet of Interior Floor Space.” This ordinance was introduced at the June 9, 2014 City Council meeting. For Action (O1)Approval of Recommended Changes and Applications for the 2013 Evanston Great Merchants Grant Program. The Economic Development Committee and staff recommend approval from City Council for the following: 1) Revisions to the Great Merchants Grant Program; and 2) Funding through the Great Merchants Grant Program totaling $31,640.00 for the West End Business Association, Chicago-Dempster Merchants Association, Howard Street Business Association and the Noyes Street Business District. Funding is provided by the Economic Development Fund’s Business District Improvement Fund Account: 5300.65522. For Action (O3)Resolution 38-R-14 Authorizing the City Manager to Negotiate and Execute a Loan Agreement with FEW Spirits The Economic Development Committee and City staff recommend adoption of Resolution 38-R-14, authorizing the City Manager to negotiate and execute a loan agreement with FEW Spirits, for an amount not-to-exceed $250,000 for equipment and 11 of 728 City Council Agenda June 23, 2014 Page 4 of 9 materials. Funding is provided by the Economic Development Fund’s Business Attraction and Expansion Account 5300.62660. For Action CONSENT AGENDA (M1) Approval of Minutes of the Regular City Council Meeting of June 9, 2014 ADMINISTRATION & PUBLIC WORKS COMMITTEE (A1) City of Evanston Payroll through June 1, 2014 $2,728,490.14 City of Evanston Payroll through June 15, 2014 $2,690,974.88 (A2) City of Evanston Bills -- June 24, 2014 $3,322,534.63 For Action (A3.1) Approval of Maintenance Plan Agreement for Sherman Plaza in the amount of $115,000 beginning August 23, 2014 through August 22, 2015 The Parking/Transportation Committee and staff recommend that City Council authorize the City Manager to execute an agreement to continue maintenance services for Sherman Plaza at a cost of $115,000. This agreement was originally approved in 2006. The agreement covers the period of August 23, 2014 through August 22, 2015. Funding is provided from the Parking Fund Account: 505.19.7036.62660. For Action (A3.3) Approval of Contract Award to L. Marshall, Inc., for the Lorraine H. Morton Civic Center Boiler Building Roof Replacement Project (Bid 14-38) Staff recommends City Council authorize the City Manager to execute a contract for the Lorraine H. Morton Civic Center (LHMCC) Boiler Building Roof Replacement Project with L. Marshall, Inc., (2100 Lehigh Avenue, Glenview, IL) in the amount of $36,987.16. Funding is provided by the 2014 Civic Center Boiler Building Renovations Account 415177.65510, which has 2014 budget of $120,000. For Action (A3.4) Approval Sherman Avenue Streetscape & Street Resurfacing Contract with A. Lamp Concrete Contractors Inc. (Bid 14-41) Staff recommends that City Council authorize the City Manager to execute a contract for the Sherman Avenue Streetscape & Street Resurfacing Project Grove Street to Lake Street with A. Lamp Concrete Contractors Inc. (1900 Wright Blvd., Schaumburg, IL) in the amount of $578,875.20. Funding is provided by the CIP Street Resurfacing Fund Account 415857.65515. For Action (A3.5) Approval of Single Source Purchase of Ambulance Power-Load System 12 of 728 City Council Agenda June 23, 2014 Page 5 of 9 and Power-Pro XT Cot from Stryker Corp. Staff recommends that City Council authorize the City Manager to execute a single source purchase of an Ambulance Power-Load System, in the amount of $36,531.50 from Stryker Corp. (3800 East Centre Avenue, Portage, MI). Funding is provided by the Fire Management and Support Account 2315.65625. The Evanston Foreign Fire Tax Board will purchase the second lift system. For Action (A3.6) Approval of Vehicle Purchases for FY2014 Staff recommends City Council authorize the City Manager to make nine (9) vehicle replacement purchases for a total amount of $534,046.30 as follows: recycling vehicle from R.N.O.W. Incorporated (8636R W. National Avenue, West Allis, WI) in the amount of $241,148.00; Ford vehicles from Currie Motors (9423 W. Lincoln Highway, Frankfort, IL) in the amount of $273,539.00; and Nissan Rogue from Autobarn Nissan (1012 Chicago Avenue, Evanston, IL) in the amount of $19,359.30. Funding is provided by the Equipment Replacement Fund Account 7780.65550, with a budget of $2,694,000. For Action (A3.7) Approval of Contract with Water Resources, Inc. for 2014 Water Meter Purchase (Bid 14-33) Staff recommends that City Council authorize the City Manager to execute a contract for the 2014 Water Meter Purchase with Water Resources, Inc. (390 Sadler Avenue, Elgin, IL) in the amount of $73,175.00. Funding is provided by the Water Fund accounts for 2014 and 2015. For Action (A4) Approval of Change Order No. 1 for Automatic Meter Information System Project (RFP 13-04) Staff recommends City Council authorize the City Manager to execute Change Order No. 1 for the Automatic Meter Information System with Water Resources Inc. (390 Sadler Avenue, Elgin, IL) with a contract amount decrease of $924.50. This change order will extend the contract by 131 days to November 21, 2014. For Action (A5) Resolution 43-R-14, Adoption of City of Evanston Freedom of Information Act Policy Staff recommends City Council adoption of Resolution 43-R-14 authorizing the City of Evanston Freedom of Information Act Policy. For Action (A6) Resolution 46-R-14, Intergovernmental Agreement between the City and Evanston Township High School District 202 Staff recommends City Council adoption of Resolution 46-R-14 authorizing the City Manager to negotiate and execute an intergovernmental agreement (the “2014 Intergovernmental Agreement”) with Evanston Township High School District 202 (“ETHS”) for the staffing of two police officers at the high school as 13 of 728 City Council Agenda June 23, 2014 Page 6 of 9 school resource officers (“SROs”) and for ETHS to employ a Community and External Affairs Coordinator to work on vocational training activities. Funding for the SROs is provided by the Police Department Personnel Account 2235.61010. For Action (A7) Resolution 47-R-14 Authorizing that Payments Relating to the FY2014 Capital Improvement Plan (C.I.P.) Projects be Reimbursed by the Subsequent 2014 General Obligation (G.O.) Bond Issuance Staff recommends City Council adoption of Resolution 47-R-14 authorizing that payments relating to FY 2014 Capital Improvement Plan (C.I.P.) project expenditures up to $11,197,000 be reimbursed by the subsequent 2014 General Obligation (G.O.) bond issuance. For Action (A8) Ordinance 74-O-14, Authorizing the City to Borrow Funds from the Illinois Environmental Protection Agency Water Pollution Control Loan Program Staff recommends City Council adoption of Ordinance 74-O-14 authorizing the City to borrow funds from the Illinois Environmental Protection Agency (IEPA) Water Pollution Control Loan Program for the construction of the Large Diameter Sewer Rehabilitation on Cleveland Street. This ordinance authorizes the City to borrow up to $253,000. For Introduction (A9) Ordinance 69-O-14, Increasing Fines for Using Mobile Telephones while Operating a Motor Vehicle Staff recommends City Council adoption of Ordinance 69-O-14 amending Evanston City Code Subsection 10-3-13(D), which increases the fines for using a mobile telephone while operating a motor vehicle from the current fifty dollar ($50.00) fine to a seventy-five dollar ($75.00) fine. For Introduction (A10) Ordinance 86-O-14, Increasing Fines for Riding Bicycles on Sidewalks in Certain Business Districts Staff recommends City Council adoption of Ordinance 86-O-14 amending Evanston City Code Subsection 10-9-10(E), which increases the fines for riding a bicycle on a sidewalk in the central business district designated as D1, D2 and D3, or in any other district where signs prohibiting sidewalk riding are posted from the current fifteen dollar ($15.00) fine to a twenty-five dollar ($25.00) fine. For Introduction (A13) Ordinance 77-O-14, Increasing the Number of Class U Liquor Licenses for Piccolo Theatre, Inc., 600 Main Street Local Liquor Commissioner and staff recommend adoption of Ordinance 77-O-14 amending Evanston City Code of 2012 Subsection 3-4-6-(D), as amended, to increase the number of authorized Class U liquor licenses from zero (0) to one (1) and permit issuance of a Class U license to Piccolo Theatre, Inc. 14 of 728 City Council Agenda June 23, 2014 Page 7 of 9 (“Company”), 600 Main Street. This ordinance was introduced at the June 9, 2014 City Council meeting. For Action (A14) Ordinance 73-O-14, Establishing a 3-Way Stop at the Intersection of Wesley Avenue and Seward Street Staff recommends City Council adoption of Ordinance 73-O-14 which would amend Section 10-11-5(C), Schedule V(C) of the City Code to establish a 3-Way Stop at the intersection of Wesley Avenue and Steward Street. Funding will be through the General Fund-Traffic Control Supplies (2670.65115), with a budget of $40,000 for FY 2014. This ordinance was introduced at the June 9, 2014 City Council meeting. For Action PLANNING & DEVELOPMENT COMMITTEE (P1) Ordinance 75-O-14, Zoning Variance for 802 Florence City staff and SPAARC Committee recommend adoption of Ordinance 75-O-14 granting major zoning relief necessary in order to subdivide a lot with three legal- nonconforming dwelling units into two lots of record. The Zoning Board of Appeals recommends denial of the zoning relief because the proposal is intended to extract additional income from the property, does not provide a public benefit, and is not the minimum change necessary. This ordinance was introduced at the June 9, 2014 City Council meeting. For Action ECONOMIC DEVELOPMENT COMMITTEE (O2) Approval of Funding for 12-month Period for Chicago’s North Shore Convention and Visitors Bureau (CNSVB) The Economic Development Committee and staff recommend City Council approval of funding for Chicago’s North Shore Convention and Visitors Bureau (CNSCVB) in the amount of $65,564 for a period commencing July 1, 2014 through June 30, 2015. Funding is provided by the Economic Development Fund’s Economic Development Partnership Account 5300.62659. For Action Alderman Rainey motioned for approval of the Consent Agenda and was seconded by Alderman Burrus, a Roll Call vote was taken and it was approved by 8-0 vote. Items for discussion: (A3.2) Approval of Fence Purchase for Sherman Parking Garage from Custom Built Commercial Fence Corporation Staff recommends City Council authorize the City Manager to purchase and install fencing on the upper deck of the Sherman Parking Garage in the amount of $24,719 15 of 728 City Council Agenda June 23, 2014 Page 8 of 9 from Custom Built Commercial Fence Corporation (721 N. Seminary Ave., Park Ridge, IL). Funding is provided by the Parking Fund Account 700506.65515. For Action This item failed in committee as stated by Alderman Holmes. (A11)Ordinance 76-O-14, Increasing the Number of Class D Liquor Licenses for DMK Burger Bar & Fish Bar, 815 Noyes Street Local Liquor Commissioner and staff recommend adoption of Ordinance 76-O-14 amending Evanston City Code of 2012 Subsection 3-4-6-(D), as amended, to increase the number of authorized Class D liquor licenses from fifty (50) to fifty-one (51) and permit issuance of a Class D license to DMK Burger Bar & Fish Bar (“Company”), 815 Noyes Street. This ordinance was held at the Administration and Public Works Committee on June 9, 2014. For Introduction Alderman Holmes moved for approval and it was seconded by Alderman Tendam. and a Roll Call Vote was 8-0 and the motion passed. (A12)Ordinance 39-O-14, Allowing the Sale of Beer at Automobile Service Stations Local Liquor Commissioner and staff recommend adoption of Ordinance 39-O-14, “Amending City Code Sections 3-4-1 and 3-4-6 By Creating the New Class O Liquor License Allowing the Sale of Beer at Automobile Service Stations Which Have More Than 3000 Feet of Interior Floor Space.” This ordinance was introduced at the June 9, 2014 City Council meeting. For Action Alderman Holmes motioned for approval and it was seconded by Alderman 7-1 (Alderman Fiske voted nay). (O1)Approval of Recommended Changes and Applications for the 2013 Evanston Great Merchants Grant Program. The Economic Development Committee and staff recommend approval from City Council for the following: 1) Revisions to the Great Merchants Grant Program; and 2) Funding through the Great Merchants Grant Program totaling $31,640.00 for the West End Business Association, Chicago-Dempster Merchants Association, Howard Street Business Association and the Noyes Street Business District. Funding is provided by the Economic Development Fund’s Business District Improvement Fund Account: 5300.65522. For Action Alderman Wynne motioned for approval and it was seconded by Alderman Burrus. A Roll Call vote was 7-0 (Alderman Fiske recused herself) the ordinance passed. (O3)Resolution 38-R-14 Authorizing the City Manager to Negotiate and Execute a Loan Agreement with FEW Spirits The Economic Development Committee and City staff recommend adoption of Resolution 38-R-14, authorizing the City Manager to negotiate and execute a loan agreement with FEW Spirits, for an amount not-to-exceed $250,000 for equipment and 16 of 728 City Council Agenda June 23, 2014 Page 9 of 9 materials. Funding is provided by the Economic Development Fund’s Business Attraction and Expansion Account 5300.62660. For Action Alderman Wynne motioned for approval and seconded by Alderman Grover. A Roll Call Vote was 6-2 (Aldermen Fiske and Wilson voted nay). Call of the Wards Ward 8, Alderman Rainey extended her sympathies to the family of Sam McKinley who was a close friend. July 15th with 8 food trucks at the Brummel Park Food Truck Fest and Concert at 5:30 PM, music by the “Rhythm Rockets”. Ward 9, Alderman Burrus thanked Alderman Holmes for running the meeting as well as thanking those residents who attended her ward meeting. She extended her condolences to Alderman Tendam for the loss of his father. Ward 1, Alderman Fiske had no report. Ward 2, Alderman Braithwaite stated it was a very busy week in the 2nd ward with numerous meetings and he thanked the residents who came out. He also mentioned his participation in Hecky Powell’s function. He then thanked Aldermen Holmes and Rainey for facing the cold weather last Thursday. Ward 3, Alderman Wynne she July 10th meeting at Lincoln school 7 PM. Ward 4, Alderman Wilson stated he and Alderman Braithwaite will have a community meeting on Monday, June 30th at Mason Park Field House to discuss Davis Street bike proposal and the parking issues. He made a reference to the Legal Department. Ward 6, Alderman Tendam expressed his condolences to the family of Rose Thomas a 6th ward resident who was a delightful person. He announced two concerts that will be in Bent Park and the first one tomorrow night from 7:30 to 9 PM. Music by the group “BAD EXAMPLES” (a pop rock group). The 2nd is the following week with “Milo & Otis” same time. Ward 7, Alderman Grover announced her ward meeting this Thursday night at the Ecology Center at 7 PM. This is to discuss redevelopment of 1620 Central Street. She also mentioned a second possible meeting to discuss the Central Street/Greenbay Road Improvement Project. Mayor Pro Tem asked for a motion to adjourn, and it was moved by Alderman Grover it was seconded. All agreed to adjourn and the Regular Meeting of the City Council ended at 9:10 P.M. Submitted by, Hon. Rodney Greene, MMC City Clerk 17 of 728 ADMINISTRATION & PUBLIC WORKS COMMITTEE Monday, July 14, 2014 6 p.m. Lorraine H. Morton Civic Center, 2100 Ridge Avenue, Evanston Council Chambers AGENDA I. DECLARATION OF A QUORUM: ALDERMAN HOLMES, CHAIR II. APPROVAL OF MINUTES OF REGULAR MEETING OF June 23, 2014 III. ITEMS FOR CONSIDERATION (A1) City of Evanston Payroll through June 29, 2014 $2,890,950.50 (A2) City of Evanston Bills – July 15, 2014 $2,981,001.38 City Credit Card Bills through May 31, 2014 $ 162,353.13 For Action (A3.1) Approval of Professional Consulting Services Contract with SmithGroup JJR for the Church Street Boat Ramp Renovation Project (RFP 14-37) Staff recommends that City Council authorize the City Manager to execute a professional services contract for the Church Street Boat Ramp Renovation Project with SmithGroup JJR (35 E. Wacker, Suite 220, Chicago, IL) at a total cost of $68,000. Funding is provided by the FY2014 Capital Improvement Program (Account 416127) with a budget of $350,000, and an Illinois Department of Natural Resources Grant in the amount of $200,000. For Action (A3.3) Approval of Agency Membership in the Northeastern Illinois Regional Crime Laboratory Staff recommends City Council authorize the City Manager to purchase a membership to the Northeastern Illinois Regional Crime Laboratory in the amount of $11,171.58 for the remainder of the year 2014 beginning September 1, 2014, and the amount of $101,059 for Fiscal Year 2015. Funding for 2014 is provided by the General Fund (Account 2205.62360) which has a budget of $16,288. Funding will be provided by a proposed budget of $102,000 for the year 2015. For Action Rev. 7/10/2014 4:53:38 PM 18 of 728 (A4) Approval of Change Order No. 1 for Finished Water Metering Improvements (Bid 13-69) Staff recommends City Council authorize approval of Change Order No. 1 for the Finished Water Metering Improvements (Bid 13-69) with Glenbrook Excavating & Concrete (1350 N. Old Rand Road, Wauconda, IL) to extend the contract by 35 days to October 16, 2014. There will be no change to the contract amount. The project in the amount of $488,494.00 is funded from the Water Fund CIP (Account 733105). For Action (A5) Approval of FY2013 Audited Annual Financial Report Staff recommends the City Council accept and place on file the FY2013 Audited Annual Financial Report. For Action: Accept and Place on File (A6) Resolution 37-R-14; Approving Release of Certain Closed Session Minutes Staff recommends adoption of Resolution 37-R-14 releasing the closed session meeting minutes listed on Exhibit A and finding that a need still exists for confidentiality as to the minutes on Exhibit B. For Action (A7) Ordinance 80-O-14, Decreasing the Number of Class D Liquor Licenses for Mumbai Indian Grill, Inc. d/b/a Mumbai Grill, 1728 Sherman Avenue Staff recommends City Council adoption of Ordinance 80-O-14, decreasing the number of Class D liquor licenses from 50 to 49 for Mumbai Indian Grill, Inc. d/b/a Mumbai Grill, as the Company has been sold. For Introduction (A8) Ordinance 87-O-14, Decreasing the Number of Class D Liquor Licenses for Redmaki d/b/a Royin Sushi Bar, 1930 Central Street Staff recommends City Council adoption of Ordinance 87-O-14 decreasing the number of Class D liquor licenses for Redmaki d/b/a Royin Sushi Bar, as the Company is no longer selling liquor at its establishment. For Introduction (A9) Ordinance 66-O-14, Enacting a Regulation on Disposable Plastic Shopping Bags and other related Issues Staff recommends City Council adoption of Ordinance 66-O-14 enacting a ban on disposable plastic shopping bags for chain and franchise stores and the attached information regarding efforts to reduce the environmental impacts of plastic shopping bags in Evanston. For Introduction Rev. 7/10/2014 4:53:38 PM 19 of 728 (A10) Ordinance 91-O-14 Authorizing 2014 General Obligation Bond Issue Staff recommends City Council adoption of the attached draft ordinance number 91-O-14 for the FY 2014 bond issuance in the not-to-exceed amount totaling $13,000,000. The ordinance will be completed and signed after the bond sale date, which is tentatively scheduled for July 31, 2014. For Introduction IV. ITEMS FOR DISCUSSION (APW1) Discussion of Class D Liquor License For Discussion (APW2) Discussion of Design Options for Sheridan Road/Chicago Avenue Project For Discussion V. COMMUNICATIONS VI. ADJOURNMENT Rev. 7/10/2014 4:53:38 PM 20 of 728 Administration and Public Works Committee Meeting Minutes of June 23, 2014 Council Chambers – 6:00 p.m. Lorraine H. Morton Civic Center MEMBERS PRESENT: D. Holmes, A. Rainey, P. Braithwaite, C. Burrus, J. Grover STAFF PRESENT: D. Stoneback, M. Lyons, W. Bobkiewicz, C. Plante, L. Biggs, T. Turner, L. Jeschke, G. Farrar, J. Maiworm, H. Pirooz, J. McRae, R. Dahal, S. Levine, S. Nagar, R. Voss, STAFF ABSENT: E. Thomas-Smith, Chief Eddington, S. Robinson, P. D’Agostino, J. Williams-Kinsel, E. Storlie, S. Flax, B. Dorneker, Chief Klaiber PRESIDING OFFICIAL: Ald. Holmes I. DECLARATION OF QUORUM A quorum being present, Ald. Holmes called the meeting to order at 6:11 p.m. II. APPROVAL OF REGULAR MEETING MINUTES OF JUNE 9, 2014. Ald . Burrus moved to approve the minutes of the June 9, 2014 A&PW meeting as submitted, seconded by Ald. Braithwaite. The minutes of the June 9, 2014 meeting were approved unanimously 5-0. III. ITEMS FOR CONSIDERATION (A1) City of Evanston Payroll through June 1, 2014 $2,728,490.14 City of Evanston Payroll through June 15, 2014 $2,690,974.88 (A2) City of Evanston Bills -- June 24, 2014 $3,322,534.63 For Action Ald. Burrus moved to approve the City of Evanston Payrolls (A1) through June 1, 2014 and June 15, 2014 seconded by Ald. Braithwaite. The Committee voted unanimously 5-0 to approve the payrolls. Ald. Burrus moved to approve the City of Evanston Bills through June 24, 2014, seconded by Ald. Rainey. The Committee voted unanimously 5-0 to approve the bills. (A3.1) Approval of Maintenance Plan Agreement for Sherman Plaza in the amount of $115,000 beginning August 23, 2014 through August 22, 2015 The Parking/Transportation Committee and staff recommend that City Council authorize the City Manager to execute an agreement to continue maintenance services for Sherman Plaza at a cost of $115,000. This agreement was originally DRAFT- NOT APPROVED 21 of 728 Administration and Public Works Committee Meeting Minutes of 6-23-14 Page 2 of 10 approved in 2006. The agreement covers the period of August 23, 2014 through August 22, 2015. Funding is provided from the Parking Fund Account: 505.19.7036.62660. For Action Ald. Rainey moved to authorize the City Manager to execute an agreement to continue maintenance services for Sherman Plaza at a cost of $115,000, originally approved in 2006, for the period of August 23, 2014 through August 22, 2015, seconded by Ald. Grover. The Committee voted unanimously 5-0 to recommend approval of the contract. (A3.2) Approval of Fence Purchase for Sherman Parking Garage from Custom Built Commercial Fence Corporation Staff recommends City Council authorize the City Manager to purchase and install fencing on the upper deck of the Sherman Parking Garage in the amount of $24,719 from Custom Built Commercial Fence Corporation (721 N. Seminary Ave., Park Ridge, IL). Funding is provided by the Parking Fund Account 700506.65515. For Action Ald. Grover moved to recommend that City Council authorize the City Manager to purchase and install fencing on the upper deck of the Sherman Parking Garage in the amount of $24,719 from Custom Built Commercial Fence Corporation, seconded by Ald. Braithwaite. City Manager Wally Bobkiewicz discussed the safety issues at Sherman Plaza. He presented pictures from a May visit to the top of the parking structure. One of the concerns from the residents and Ald. Fiske are children skateboarding and sitting on the ledge of the structure. At Ald. Grover’s inquiry, Parking and Revenue Manager Voss explained that the fence would be installed and anchored 30 inches above the pavement. City Manager Bobkiewicz confirmed that there will be signage installed as well. The exact wording is unknown at this time. Ald. Burrus is not in support of this measure. She is not convinced that fencing the double ledge will deter an accidental fall. She added that she has not heard of any accidental falls from the existing or previous garage. She explained that we are becoming overly afraid and risk intolerant by attempting to provide a solution for a non-existent problem. City Manager Bobkiewicz explained that he recommended this solution to the committee due to his concern for the safety and welfare of the residents of Evanston. He is using his best professional judgment in this case. Ald. Burrus asked if the parking structures at Maple and Church will also be fenced as a preventive measure. She then suggested that all tall buildings be fenced as well. Ald. Holmes noted that she has received e-mails from the residents of Sherman Plaza concerned about children playing on top of the parking deck. Ald. Burrus responded that she thinks it is a resident concern and not a safety concern. 22 of 728 Administration and Public Works Committee Meeting Minutes of 6-23-14 Page 3 of 10 Ald. Rainey is against this recommendation. She asked what will the City do about the safety of the lake because people drown themselves, play foolishly and swim off the rocks. She also made reference to the sculpture of the person teetering on the edge of the Maple garage. She felt that a fence will not prevent someone from jumping from the garage. It will simply make it less convenient to jump from this structure. If they cannot access the roof of Sherman Plaza, they will go to another tall building. It is a waste of money. Ald. Rainey added that if this fence is installed we are obligated to install the same fencing at all City-owned facilities. Then an ordinance must be passed making certain that every private garage or building with access to the roof must install a 6 foot fence as well. Why should the City protect the residents and not make everyone else do the same? Ald. Fiske explained that this issue is not as much about attempted suicides as it is about children playing, skateboarding, dangling their feet over the edge and throwing things into the street from the top of the structure. There is concern for pedestrians below. Residents have observed these things and are concerned. The City is obligated to address these issues. The purpose of the fence is prevention. Ald. Rainey does not believe that a chain link fence will not prevent people from throwing things down onto the street. This is a “neighborhood issue” for people that live in high-rise buildings. She suggested the residents call the police if they are concerned. The City pays Standard Parking monthly to maintain and patrol the structure. At Ald. Rainey’s inquiry, Parking and Revenue Manager Voss confirmed that there are cameras installed in the garage. Staff also makes routine rounds on the parking deck. Ald. Burrus believes this is a resident driven issue due to litter being thrown into the street. City Manager Bobkiewicz explained that as the City Manager this is his recommendation and his alone. This was not brought forth because of a neighborhood association. He toured the structure, saw the conditions and felt it was unsafe. Safety is an ongoing issue and does not end. He felt strongly enough about this that he asked staff to gather information for him to present this issue. Ald. Rainey suggested using the $36,000 times the number of high-rise building in the City to build a skate park. However, this would not prevent things from being thrown into the street. City Manager Bobkiewicz reiterated that trash is not the purpose of this recommendation. His tour of the structure showed him how easy it was to do harm. If the Council disagrees then he discharges his responsibility as the City Manager by bringing it to the attention of Council. The Committee voted unanimously 1-4 to against the purchase. (A3.3) Approval of Contract Award to L. Marshall, Inc., for the Lorraine H. Morton Civic Center Boiler Building Roof Replacement Project (Bid 14-38) Staff recommends City Council authorize the City Manager to execute a contract for 23 of 728 Administration and Public Works Committee Meeting Minutes of 6-23-14 Page 4 of 10 the Lorraine H. Morton Civic Center (LHMCC) Boiler Building Roof Replacement Project with L. Marshall, Inc., (2100 Lehigh Avenue, Glenview, IL) in the amount of $36,987.16. Funding is provided by the 2014 Civic Center Boiler Building Renovations Account 415177.65510, which has 2014 budget of $120,000. For Action Ald. Burrus moved to recommend that City Council authorize the City Manager to execute a contract for the Lorraine H. Morton Civic Center (LHMCC) Boiler Building Roof Replacement Project with L. Marshall, Inc., (2100 Lehigh Avenue, Glenview, IL) in the amount of $36,987.16, seconded by Alderman Grover. The Committee voted unanimously 5-0 to recommend approval of the contract. (A3.4) Approval Sherman Avenue Streetscape & Street Resurfacing Contract with A. Lamp Concrete Contractors Inc. (Bid 14-41) Staff recommends that City Council authorize the City Manager to execute a contract for the Sherman Avenue Streetscape & Street Resurfacing Project Grove Street to Lake Street with A. Lamp Concrete Contractors Inc. (1900 Wright Blvd., Schaumburg, IL) in the amount of $578,875.20. Funding is provided by the CIP Street Resurfacing Fund Account 415857.65515. For Action Ald. Braithwaite moved to recommend that City Council authorize the City Manager to execute a contract for the Sherman Avenue Streetscape & Street Resurfacing Project Grove Street to Lake Street with A. Lamp Concrete Contractors Inc. in the amount of $578,875.20, seconded by Ald. Burrus. The Committee voted unanimously 5-0 to recommend approval of the contract. (A3.5) Approval of Single Source Purchase of Ambulance Power-Load System and Power-Pro XT Cot from Stryker Corp. Staff recommends that City Council authorize the City Manager to execute a single source purchase of an Ambulance Power-Load System, in the amount of $36,531.50 from Stryker Corp. (3800 East Centre Avenue, Portage, MI). Funding is provided by the Fire Management and Support Account 2315.65625. The Evanston Foreign Fire Tax Board will purchase the second lift system. For Action Ald. Burrus moved to recommend that City Council authorize the City Manager to execute a single source purchase of an Ambulance Power-Load System in the amount of $36,531.50 from Stryker Corp., seconded by Ald. Grover. At Ald. Rainey’s inquiry, Chief Klaiber noted that the Evanston Foreign Fire Tax Board will purchase the second lift system. The Committee voted unanimously 5-0 to recommend approval of the purchase. (A3.6) Approval of Vehicle Purchases for FY2014 Staff recommends City Council authorize the City Manager to make nine (9) vehicle replacement purchases for a total amount of $534,046.30 as follows: recycling vehicle from R.N.O.W. Incorporated (8636R W. National Avenue, West Allis, WI) in 24 of 728 Administration and Public Works Committee Meeting Minutes of 6-23-14 Page 5 of 10 the amount of $241,148.00; Ford vehicles from Currie Motors (9423 W. Lincoln Highway, Frankfort, IL) in the amount of $273,539.00; and Nissan Rogue from Autobarn Nissan (1012 Chicago Avenue, Evanston, IL) in the amount of $19,359.30. Funding is provided by the Equipment Replacement Fund Account 7780.65550, with a budget of $2,694,000. For Action Ald. Rainey moved to recommend City Council authorize the City Manager to make nine (9) vehicle replacement purchases for a total amount of $534,046.30 as follows: recycling vehicle from R.N.O.W. Incorporated in the amount of $241,148.00; Ford vehicles from Currie Motors in the amount of $273,539.00; and Nissan Rogue from Autobarn Nissan in the amount of $19,359.30, seconded by Ald. Grover. Ald. Rainey pointed out that Nissan will provide additional commercial vehicles because of their ability to expand into the Howard Hartrey building. The Committee voted unanimously 5-0 to recommend approval of the purchases. (A3.7) Approval of Contract with Water Resources, Inc. for 2014 Water Meter Purchase (Bid 14-33) Staff recommends that City Council authorize the City Manager to execute a contract for the 2014 Water Meter Purchase with Water Resources, Inc. (390 Sadler Avenue, Elgin, IL) in the amount of $73,175.00. Funding is provided by the Water Fund accounts for 2014 and 2015. For Action Ald. Grover moved to recommend that City Council authorize the City Manager to execute a contract for the 2014 Water Meter Purchase with Water Resources, Inc. in the amount of $73,175.00, seconded by Ald. Burrus. At Ald. Holmes’ inquiry, Superintendent of Construction for the Utilities Department, explained that the meters being purchased are from the same company and the same line of water meters as previously purchased, however they have a different register head. Residents had problems reading the previous meter heads because of the digital display. The solution is to go back to the analog display meters, which are slightly less expensive. Residents call because they are concerned about their water use. Staff instructs them to look at their register head and tell them how to find a leak. The meters installed under the Automatic Meter Information (AMI) project require a light source because they are solar powered. A fairly bright light is needed to pop up the reading. It can be done with a flashlight, but it is more complicated in a basement when an analog meter can be used instead. At Ald. Holmes’ inquiry, Director Stoneback explained that the meters installed under the AMI project replaced the reading device outside. This is for the meter inside the home. There were 14,400 AMI units replaced, however only 400 meters were replaced. He is asking to replace another 350-400 through a change order. 25 of 728 Administration and Public Works Committee Meeting Minutes of 6-23-14 Page 6 of 10 The Committee voted unanimously 5-0 to recommend approval of the contract. (A4) Approval of Change Order No. 1 for Automatic Meter Information System Project (RFP 13-04) Staff recommends City Council authorize the City Manager to execute Change Order No. 1 for the Automatic Meter Information System with Water Resources Inc. (390 Sadler Avenue, Elgin, IL) with a contract amount decrease of $924.50. This change order will extend the contract by 131 days to November 21, 2014. For Action Ald. Holmes moved to recommend City Council authorize the City Manager to execute Change Order No. 1 for the Automatic Meter Information System with Water Resources Inc. with a contract amount decrease of $924.50 extending the contract by 131 days to November 21, 2014, seconded by Ald. Burrus. The Committee voted unanimously 5-0 with to recommend approval of the change order. (A5) Resolution 43-R-14, Adoption of City of Evanston Freedom of Information Act Policy Staff recommends City Council adoption of Resolution 43-R-14 authorizing the City of Evanston Freedom of Information Act Policy. For Action Ald. Braithwaite moved to recommend City Council adoption of Resolution 43- R-14 authorizing the City of Evanston Freedom of Information Act Policy, seconded by Ald. Grover. At Ald. Burrus’ inquiry, Corporation Counsel Grant Farrar explained that the resolution is organic and will cycle internally regardless of name or title changes. The virtue of the resolution is to codify the policies. The officers and the identifications are components that flows along with it. The Committee voted unanimously 5-0 with to recommend adoption of the resolution. (A6) Resolution 46-R-14, Intergovernmental Agreement between the City and Evanston Township High School District 202 Staff recommends City Council adoption of Resolution 46-R-14 authorizing the City Manager to negotiate and execute an intergovernmental agreement (the “2014 Intergovernmental Agreement”) with Evanston Township High School District 202 (“ETHS”) for the staffing of two police officers at the high school as school resource officers (“SROs”) and for ETHS to employ a Community and External Affairs Coordinator to work on vocational training activities. Funding for the SROs is provided by the Police Department Personnel Account 2235.61010. For Action Ald. Burrus moved to recommend City Council adoption of Resolution 46-R-14 authorizing the City Manager to negotiate and execute an intergovernmental agreement (the “2014 Intergovernmental Agreement”) with Evanston Township High School District 202 (“ETHS”) for the staffing of two police officers at the high school as school resource officers (“SROs”) and for ETHS 26 of 728 Administration and Public Works Committee Meeting Minutes of 6-23-14 Page 7 of 10 to employ a Community and External Affairs Coordinator to work on vocational training activities, seconded by Ald. Grover. Ald. Grover acknowledged that the past year operating under the intergovernmental agreement has worked out well. She asked Deputy Chief Aretha Hartley about plans and objectives for the coming year. Deputy Chief Hartley explained that the officers will continue to be a visible presence and build a rapport with the students during school and extracurricular activities. The officers also attend weekly threat assessment meetings and other staff meetings to be a resource for safety personnel and school resource officers in the other district. The goal is to reduce recidivism and increase mediation as opposed to arrests. One of the significant pieces has been the intelligence and information sharing gained during this initiative, which in one instance led to a traffic stop that recovered a weapon. At Ald. Holmes’ inquiry, Deputy Chief Hartley stated that there are no plans to change officers at this site. Ald. Grover added that Ahmadou Drame has been a wonderful resource as a counterpart under this agreement as well. The Committee voted unanimously 5-0 to adopt the resolution. (A7) Resolution 47-R-14 Authorizing that Payments Relating to the FY2014 Capital Improvement Plan (C.I.P.) Projects be Reimbursed by the Subsequent 2014 General Obligation (G.O.) Bond Issuance Staff recommends City Council adoption of Resolution 47-R-14 authorizing that payments relating to FY 2014 Capital Improvement Plan (C.I.P.) project expenditures up to $11,197,000 be reimbursed by the subsequent 2014 General Obligation (G.O.) bond issuance. For Action Ald. Rainey moved to recommend City Council adoption of Resolution 47-R-14 authorizing that payments relating to FY 2014 Capital Improvement Plan (C.I.P.) project expenditures up to $11,197,000 be reimbursed by the subsequent 2014 General Obligation (G.O.) bond issuance, seconded by Ald. Grover. The Committee voted 5-0 to recommend adoption of the resolution. (A8) Ordinance 74-O-14, Authorizing the City to Borrow Funds from the Illinois Environmental Protection Agency Water Pollution Control Loan Program Staff recommends City Council adoption of Ordinance 74-O-14 authorizing the City to borrow funds from the Illinois Environmental Protection Agency (IEPA) Water Pollution Control Loan Program for the construction of the Large Diameter Sewer Rehabilitation on Cleveland Street. This ordinance authorizes the City to borrow up to $253,000. For Introduction Ald. Grover moved to recommend City Council adoption of Ordinance 74-O-14 authorizing the City to borrow funds from the Illinois Environmental Protection Agency (IEPA) Water Pollution Control Loan Program for the construction of 27 of 728 Administration and Public Works Committee Meeting Minutes of 6-23-14 Page 8 of 10 the Large Diameter Sewer Rehabilitation on Cleveland Street authorizing the City to borrow up to $253,000, seconded by Ald. Braithwaite. The Committee voted unanimously 5-0 to recommend adoption of the ordinance. (A9) Ordinance 69-O-14, Increasing Fines for Using Mobile Telephones while Operating a Motor Vehicle Staff recommends City Council adoption of Ordinance 69-O-14 amending Evanston City Code Subsection 10-3-13(D), which increases the fines for using a mobile telephone while operating a motor vehicle from the current fifty dollar ($50.00) fine to a seventy-five dollar ($75.00) fine. For Introduction Ald. Holmes moved to recommend City Council adoption of Ordinance 69-O-14 amending Evanston City Code Subsection 10-3-13(D), which increases the fines for using a mobile telephone while operating a motor vehicle from the current fifty dollar ($50.00) fine to a seventy-five dollar ($75.00) fine, seconded by Ald. Grover. The Committee voted unanimously 5-0 to recommend adoption of the ordinance. (A10) Ordinance 86-O-14, Increasing Fines for Riding Bicycles on Sidewalks in Certain Business Districts Staff recommends City Council adoption of Ordinance 86-O-14 amending Evanston City Code Subsection 10-9-10(E), which increases the fines for riding a bicycle on a sidewalk in the central business district designated as D1, D2 and D3, or in any other district where signs prohibiting sidewalk riding are posted from the current fifteen dollar ($15.00) fine to a twenty-five dollar ($25.00) fine. For Introduction Ald. Braithwaite moved to recommend City Council adoption of Ordinance 86- O-14 amending Evanston City Code Subsection 10-9-10(E), which increases the fines for riding a bicycle on a sidewalk in the central business district designated as D1, D2 and D3, or in any other district where signs prohibiting sidewalk riding are posted from the current fifteen dollar ($15.00) fine to a twenty-five dollar ($25.00) fine, seconded by Ald. Rainey. Ald. Rainey requested the number of bicycle incidents on sidewalks and the number of fines issued. Ald. Holmes suggested a mandatory license for bicyclists to identify them in case of an accident. Ald. Braithwaite asked how this ordinance will be enforced. Deputy Chief Hartley will collect the data and send it to Council. City Manager Bobkiewicz stated that we do direct enforcement and will continue to send results to Council regularly. The Committee voted unanimously 5-0 to recommend adoption of the ordinance. 28 of 728 Administration and Public Works Committee Meeting Minutes of 6-23-14 Page 9 of 10 (A11) Ordinance 76-O-14, Increasing the Number of Class D Liquor Licenses for DMK Burger Bar & Fish Bar, 815 Noyes Street Local Liquor Commissioner and staff recommend adoption of Ordinance 76-O-14 amending Evanston City Code of 2012 Subsection 3-4-6-(D), as amended, to increase the number of authorized Class D liquor licenses from fifty (50) to fifty-one (51) and permit issuance of a Class D license to DMK Burger Bar & Fish Bar (“Company”), 815 Noyes Street. This ordinance was held at the Administration and Public Works Committee on June 9, 2014. For Introduction PUBLIC COMMENT Jane Evans, 813 Gaffield Place, agrees with Ald. Rainey’s suggestion of creating a tiered liquor license system. There was a comment at the last meeting comparing Noyes to Sheffield. She pointed out that these are very different demographics and the locations are very different. Her family has thought long and hard about a liquor license for DMK. They consider DMK a fast food establishment that they frequent often. They have no problem with beer and wine. However, they feel that the tiered system of having beer and wine with food is critical. The Noyes Street community is a primarily residential area. A restaurant serving beer with a burger is very different from a bar that happens to have food available. Her family would like to continue to have DMK as a restaurant in their neighborhood and not a bar. Food must accompany beer and wine sales and they are opposed to hard liquor of any kind at this restaurant. There is also a concern about liquor sales without food because the location is so close to the train. They also are requesting a limit to the number of taps. They do not want a World of Beer on Noyes Street. She is very concerned about two long-standing restaurants on Noyes, D&D and Rollin’ in Dough, that have applied for liquor licenses. She asked the committee to consider that Noyes Street is part of a neighborhood and not downtown. Ald. Burrus moved to recommend adoption of Ordinance 76-O-14 amending Evanston City Code of 2012 Subsection 3-4-6-(D), as amended, to increase the number of authorized Class D liquor licenses from fifty (50) to fifty-one (51) and permit issuance of a Class D license to DMK Burger Bar & Fish Bar (“Company”), 815 Noyes Street, seconded by Ald. Grover. At Ald. Grover’s inquiry, Corporation Counsel Farrar explained that a meeting convened after the last A&PW meeting with the prospective licensee, Mayor Tisdahl, Ald. Holmes and Ald. Fiske to discuss this issue. With respect to those discussions and the legislative records that have been made to this point, the Law Department drafted Section 2 of the ordinance that restricts the prospective licensee to beer and wine only. It does not necessarily foreclose the possibility of liquor being served. The licensee could petition the Liquor Control Commissioner to extend to liquor. Nothing in this ordinance would create a vested right for the prospective applicant to serve liquor at any point. Ald. Rainey acknowledged the responsiveness of the owner and thanked him for his 29 of 728 Administration and Public Works Committee Meeting Minutes of 6-23-14 Page 10 of 10 help with this issue. At Ald. Braithwaite’s inquiry, Corporation Counsel Farrar confirmed that the reference made by Ald. Rainey will be brought back to the July 14th meeting. Michael Cornek, owner of DMK Burger and Fish, asked for clarification that he will return to the July 14th meeting to find out if the license is approved. Ald. Holmes confirmed that he will have to attend the next meeting. The Committee voted unanimously 5-0 to adopt the ordinance. IV. ITEMS FOR DISCUSSION VI. COMMUNICATIONS VII. ADJOURNMENT Ald. Braithwaite moved to adjourn, seconded by Ald. Grover. The Committee voted unanimously 5-0 to adjourn. The meeting was adjourned at 7:06p.m. Respectfully submitted, Janella Hardin 30 of 728 To: Honorable Mayor and Members of the City Council Administration and Public Works Committee From: Martin Lyons, Assistant City Manager/Chief Financial Officer Tera Davis, Accounts Payable Coordinator Subject: City of Evanston Payroll and Bills Date: July 10, 2014 Recommended Action: Staff recommends approval of the City of Evanston Payroll and Bills List. Continuing in 2014 the bills list will not include the Evanston Public Library. The Library bills will be included for informational purposes in the Treasurer’s Monthly Report. Summary: Payroll – June 29, 2014 through July 02, 2014 $2,890,950.50 (Payroll includes employer portion of IMRF, FICA, and Medicare) Bills List – July 15, 2014 $2,981,001.38 General Fund Amount – Bills list $ 527,301.02 General Fund Amount – Supplemental list $ 0.00 General Fund Total: $ 527,301.02 TOTAL AMOUNT OF BILLS LIST & PAYROLL $5,871,951.88 *Advanced checks are issued prior to submission of the Bills List to the City Council for emergency purposes, to avoid penalty, or to take advantage of early payment discounts. Credit Card Activity – Period Ending February 28, 2014 $120,686.35 Credit Card Activity – Period Ending May 31, 2014 $162,353.13 Attachments: Bills List, May Credit Card TransactionsTrasactions For City Council meeting of July 14, 2014 Item A1/A2 Business of the City by Motion: City Payroll and Bills For Action Memorandum 31 of 728 CITY OF EVANSTON BILLS LIST PERIOD ENDING 07/15/2014 100 GENERAL FUND 100 GENERAL ACCOUNT 21639 EYE MED VISION CARE VISION INSURANCE PREMIUM 3,043.04 21640 METLIFE SMALL BUSINESS CENTER DENTAL INSURANCE PREMIUM 19,377.49 21640 GUARDIAN DENTAL INSURANCE PREMIUM 14,673.30 22725 VERIZON WIRELESS COMMUNICATION CHARGES 820.31 22730 JAY A. RITCHIE REFUND 25.00 41332 SUNRISE TREE SERVICE INC DUTCH ELM DISEASE CONTROL BID 14-15 134,037.73 41420 ANGELO J. WILLIAMS MEALS-VICE CRIMES 350.00 100 GENERAL ACCOUNT Total 172,326.87 1400 CITY CLERK 56045 MUNICODE ENCODING 4,452.01 62457 MUNICODE ANNUAL ENCODING 550.00 65095 OFFICE DEPOT OFFICE SUPPLIES 370.81 1400 CITY CLERK Total 5,372.82 1505 CITY MANAGER 65095 OFFICE DEPOT OFFICE SUPPLIES 949.27 65635 PIONEER PRESS PERIODICAL ACCT 3020452 40.00 1505 CITY MANAGER Total 989.27 1510 PUBLIC INFORMATION 62205 ALLEGRA PRINT & IMAGING DAWES PARK BANNER 2014 534.00 62315 SOCIALMENTUM LLC MINDMIXER ONLINE COMM. ENGAGEMENT MAR'14 - DEC '14 2,100.00 62665 EVANSTON COMMUNITY TV FRANCHISE FEE PEG, APRIL 2014 4,300.00 62665 EVANSTON COMMUNITY TV FRANCHISE FEE PEG, JUNE 2014 4,300.00 62665 EVANSTON COMMUNITY TV FRANCHISE FEE PEG, MAY 2014 4,300.00 1510 PUBLIC INFORMATION Total 15,534.00 1705 LEGAL ADMINISTRATION 62130 CAIRS - 2001 TESTIMONY 168.00 62509 SUSAN D BRUNNER HEARING OFFICER 2,520.00 62509 ANJANA HANSEN HEARING OFFICER 1,050.00 62509 JEFFREY D. GREENSPAN HEARING OFFICER 990.00 62509 LAW OFFICE OF MITCHELL C. EX HEARING OFFICER 1,830.00 65010 WEST GROUP PAYMENT CTR BOOKS 628.15 65010 WEST GROUP PAYMENT CTR LEGAL RESEARCH 807.69 65095 ALLEGRA PRINT & IMAGING HEARING DIVISION ENVELOPES 400.00 65095 OFFICE DEPOT OFFICE SUPPLIES 233.67 1705 LEGAL ADMINISTRATION Total 8,627.51 1905 ADM.SERVICES- GENERAL SUPPORT 65095 ALLEGRA PRINT & IMAGING BUSINESS CARDS 39.00 65095 OFFICE DEPOT OFFICE SUPPLIES 181.53 1905 ADM.SERVICES- GENERAL SUPPORT Total 220.53 1910 FINANCE DIVISION - REVENUE 52505 WARD, JAMES WHEEL TAX OVERPAYMENT 37.50 65095 OFFICE DEPOT OFFICE SUPPLIES 103.47 65095 OFFICE DEPOT RETURNED OFFICE SUPPLIES -131.06 65095 SECURE PRODUCTS CORP POLY GUARD SECURITY BAGS 166.44 1910 FINANCE DIVISION - REVENUE Total 176.35 1920 FINANCE DIVISION - ACCOUNTING 62185 ACCOUNTEMPS ACCOUTING SERVICES 4,054.93 62185 ACCOUNTEMPS ACCOUNTS PAYABLE COORD.2,640.00 62185 ACCOUNTEMPS COLLECTIONS COORD.1,178.00 62185 ACCOUNTEMPS ACCOUNTS PAYABLE COORD 1,320.00 1920 FINANCE DIVISION - ACCOUNTING Total 9,192.93 1925 FINANCE DIVISION - PURCHASING 62185 GOV TEMPS USA, LLC CONSULTING SERVICES 2,268.00 65095 OFFICE CONCEPTS OFFICE SUPPLIES 112.50 1925 FINANCE DIVISION - PURCHASING Total 2,380.50 1929 HUMAN RESOURCE DIVISION 62160 LASER ASSOC., STEPHEN A.TESTING-POLICE 3,150.00 62160 THEODORE POLYGRAPH SERVICE TESTING-POLICE RECRUITMENT 675.00 62509 EAP CONSULTANTS, INC.MONTHLY INVOICE 988.20 62509 EVERGREEN SOLUTIONS LLC CLASS & COMPENSATION STUDY 4,875.00 65095 OFFICE DEPOT OFFICE SUPPLIES 433.12 65095 EDMARK VISUAL ID DATA CARD SUPPLIES 120.00 1929 HUMAN RESOURCE DIVISION Total 10,241.32 1932 INFORMATION TECHNOLOGY DIVI. 62175 IRON MOUNTAIN OSDP OFFSITE DATA STORAGE 643.90 62185 SOURCE DIRECT MONTHLY SUPPORT HP-UX JDE HARDWARE 1,081.20 62250 SMS SYSTEMS MAINTENANCE SERVICES COMPUTER HARDWARE MAINTENANCE 590.80 62340 AT & T COMMUNICATION CHARGES 73.40 32 of 728 CITY OF EVANSTON BILLS LIST PERIOD ENDING 07/15/2014 62340 CURRENT TECHNOLOGIES CORP.FLEETWOOD CROWN CAMERA REMAINING BALANCE 19,267.74 62340 CURRENT TECHNOLOGIES CORP.SURVEILLANCE CAMERA ON SIMPSON AND DEWEY 315.25 62380 US BANK EQUIPMENT FINANCE COPIER MAINTENANCE 1,641.52 62509 TERILLIUM TERILLIUM 2014 20 HOURS 6-MONTHS 6,277.50 64505 AT & T COMMUNICATIION CHARGES 190.14 64505 AT & T COMMUNICATION CHARGES 190.14 64505 CALL ONE COMMUNICATION CHARGES 7,945.89 64540 VERIZON WIRELESS COMMUNICATION CHARGES 496.96 65095 OFFICE DEPOT OFFICE SUPPLIES 2,639.04 65555 HEARTLAND BUSINESS SYSTEMS ATA VG REPLACEMENT 9,255.50 65615 COMMUNICATION REVOLVING COMMUNICATION CHARGES 583.33 1932 INFORMATION TECHNOLOGY DIVI. Total 51,192.31 1941 PARKING ENFORCEMENT & TICKETS 52505 NORMAN MECHANICAL, INC.CITATION OVERPAYMENT 10.00 1941 PARKING ENFORCEMENT & TICKETS Total 10.00 2101 COMMUNITY DEVELOPMENT ADMIN 65095 OFFICE DEPOT OFFICE SUPPLIES 40.30 2101 COMMUNITY DEVELOPMENT ADMIN Total 40.30 2105 PLANNING & ZONING 62185 PARSONS BRINCKERHOFF CONSULTING-FEB 2014 9,317.55 62185 PARSONS BRINCKERHOFF CONSULTING-MARCH 2014 507.12 62205 ALLEGRA PRINT & IMAGING PUBLIC HEARING SIGNS 670.00 62295 CARLOS D. RUIZ CLG WORKSHOP 248.61 65010 PIONEER PRESS ACCT 3052954 PERIODICALS 18.00 65095 OFFICE DEPOT OFFICE SUPPLIES 27.85 2105 PLANNING & ZONING Total 10,789.13 2120 HOUSING REHABILITATION 65095 OFFICE DEPOT OFFICE SUPPLIES 77.96 2120 HOUSING REHABILITATION Total 77.96 2126 BUILDING INSPECTION SERVICES 62150 SAFEBUILT ILLINOIS INSPECTION AND PLAN SERVICE 593.25 62190 CLEAN CITY INNOVATIONS, LLC GRAFFITI REMOVAL 930.00 62425 ELEVATOR INSPECTION SERVICE INSPECTION SERVICE 118.00 62464 SAFEBUILT ILLINOIS INSPECTION AND PLAN SERVICE 761.25 62464 SAFEBUILT ILLINOIS INSPECTION SERVICE 888.13 65095 OFFICE DEPOT OFFICE SUPPLIES 99.67 2126 BUILDING INSPECTION SERVICES Total 3,390.30 2128 EMERGENCY SOLUTIONS GRANT 67110 CONNECTIONS FOR THE HOMELESS 2011 ESG GRANT 289.00 67110 CONNECTIONS FOR THE HOMELESS 2013 ESG GRANT 14,340.01 2128 EMERGENCY SOLUTIONS GRANT Total 14,629.01 2205 POLICE ADMINISTRATION 62245 EVANSTON CAR WASH & DETAIL CAR WASHES-EPD 173.99 62315 UNITED PARCEL SERVICE SHIPPING 43.36 62360 NELSON, KELLI YOUTH SERVICES ADVOCATE 3,361.62 62360 HANSCOM, LILY YOUTH SERVICES ADVOCATE 1,100.64 62360 WILD CROW COMMUNICATION MEETING POST 300.00 62375 WEST GROUP PAYMENT CTR INFORMATION CHARGES-APRIL 296.10 64015 NICOR UTILITIES-MAY 2014 54.27 64015 NICOR UTILITIES-MAY 2014 221.26 2205 POLICE ADMINISTRATION Total 5,551.24 2215 CRIMINAL INVESTIGATION 65125 SPRINT SUBPOENA 30.00 2215 CRIMINAL INVESTIGATION Total 30.00 2240 POLICE RECORDS 65095 ILLINOIS PAPER COMPANY PAPER 1,384.00 65095 OFFICE DEPOT OFFICE SUPPLIES 133.84 65095 OFFICE DEPOT OFFICE SUPPLIES 179.98 65095 OFFICE DEPOT OFFICE SUPPLIES 486.08 65095 OFFICE DEPOT OFFICE SUPPLIES 1,429.07 65095 OFFICE DEPOT OFFICE SUPPLIES 14.92 65095 OFFICE DEPOT OFFICE SUPPLIES 7.05 65095 OFFICE DEPOT OFFICE SUPPLIES 35.99 65095 OFFICE DEPOT OFFICE SUPPLIES 61.26 2240 POLICE RECORDS Total 3,732.19 2245 COMMUNICATIONS 64540 CURRENT TECHNOLOGIES CORP MILESTONE CAMERA LICENSE 272.94 64540 CURRENT TECHNOLOGIES CORP MILESTONE LICENSE INTERVIEW ROOM 42.47 2245 COMMUNICATIONS Total 315.41 2250 SERVICE DESK 62425 COLLEY ELEVATOR CO.ELEVATOR INSPECTION 181.00 2250 SERVICE DESK Total 181.00 33 of 728 CITY OF EVANSTON BILLS LIST PERIOD ENDING 07/15/2014 2251 311 CENTER 64505 VERIZON WIRELESS COMMUNICATION CHARGES 38.01 2251 311 CENTER Total 38.01 2255 OFFICE-PROFESSIONAL STANDARDS 61055 NET TRANSCRIPTS, INC.TRANSCRIPTS 56.70 2255 OFFICE-PROFESSIONAL STANDARDS Total 56.70 2260 OFFICE OF ADMINISTRATION 62295 BERNHARDT, HEIDI D MEALS-BLOOD STAIN EVIDENCE 75.00 62295 GEYER, MIKHAIL MEALS-REID INTERVIEW 60.00 62295 VELEZ, LUIS GAS REIMBURSEMENT 92.54 62295 CURTIN, THOMAS MILEAGE REIMBURSEMENT 234.08 62295 TIMOTHY MALNOR MEALS-REID INTERVIEW 60.00 64565 COMCAST CABLE UTILITIES-MAY 2014 10.86 65020 VCG UNIFORM UNIFORMS 729.20 65095 ALLEGRA PRINT & IMAGING PRINTING-LETTERHEAD 712.00 2260 OFFICE OF ADMINISTRATION Total 1,973.68 2280 ANIMAL CONTROL 65125 MCCORMICK ANIMAL HOSPITAL VET SERVICES-EUTHANASIA 186.00 65125 MCCORMICK ANIMAL HOSPITAL VET SERVICES-LABS 314.50 65125 MCCORMICK ANIMAL HOSPITAL VET SERVICES-MEDICATIONS 511.00 65125 MCCORMICK ANIMAL HOSPITAL VET SERVICES-MICROCHIP 627.50 65125 MCCORMICK ANIMAL HOSPITAL VET SERVICES-SURGERY 45.00 65125 CHALCRAFT, VALERIE CANINE BEHAVIOR EVALUATION 375.00 2280 ANIMAL CONTROL Total 2,059.00 2305 FIRE MGT & SUPPORT 62518 FOX VALLEY FIRE & SAFETY ANSULEX SERVICE 114.20 64015 NICOR UTILITIES-MAY 2014 931.13 64540 VERIZON WIRELESS COMMUNICATION CHARGES 152.04 65020 ILLINOIS FIRE STORE GLOVES 346.67 65020 ON TIME EMBROIDERY, INC.UNIFORMS 4,559.45 65070 HENRICHSEN FIRE & SAFETY EXTINGUISHER REFILL 363.00 65095 OFFICE DEPOT OFFICE SUPPLIES 82.92 2305 FIRE MGT & SUPPORT Total 6,549.41 2310 FIRE PREVENTION 62250 ZOLL DATA SYSTEMS SOFTWARE MAINTENANCE 550.00 2310 FIRE PREVENTION Total 550.00 2315 FIRE SUPPRESSION 62295 TARGET SOLUTIONS, INC TRAINING SOFTWARE APPLICATION 6,512.50 62295 GOBAT, TIMOTHY J PARAMEDIC LICENCE RENEWAL 41.75 62295 PALOMARES, ALEX REIMBURSEMENT 346.60 62522 AIR ONE EQUIPMENT HYDRO TEST 302.50 65015 PRAXAIR DISTIBUTION INC MEDICAL OXYGEN 641.65 65040 STATE CHEMICAL MFG CO.JANITORIAL SUPPLIES 379.99 65075 EMERGENCY MEDICAL PRODUCT EMS SUPPLIES 1,171.31 65085 MUNICIPAL EMERGENCY SERVICES REPAIR PARTS-LOCK KEY 16.23 2315 FIRE SUPPRESSION Total 9,412.53 2407 HEALTH SERVICES ADMIN 62476 OFFICE DEPOT OFFICE SUPPLIES 63.84 65095 OFFICE DEPOT OFFICE SUPPLIES 0.83 2407 HEALTH SERVICES ADMIN Total 64.67 2435 FOOD AND ENVIRONMENTAL HEALTH 53185 TORRANCE LY, LEE CONCESSIONS REFUND-TEFP 109.00 62210 TEUTEBERG INC LASER 172.00 62345 COOK COUNTY RECORDER OF DEEDS RECORDINGS 80.00 62474 TEPIC LANDSCAPING, INC.MOWING AND CLEANING OF PROPERTIES 3,637.50 62476 OFFICE DEPOT OFFICE SUPPLIES 87.14 2435 FOOD AND ENVIRONMENTAL HEALTH Total 4,085.64 2455 COMMUNITY HEALTH 62476 OFFICE DEPOT OFFICE SUPPLIES 41.65 2455 COMMUNITY HEALTH Total 41.65 2499 GENERAL ASSISTANCE 65095 OFFICE DEPOT OFFICE SUPPLIES 64.77 2499 GENERAL ASSISTANCE Total 64.77 2605 DIRECTOR OF PUBLIC WORKS 62210 ALLEGRA PRINT & IMAGING IN THE WORKS NEWSLETTERS 967.00 64540 VERIZON WIRELESS COMMUNICATION CHARGES 38.01 2605 DIRECTOR OF PUBLIC WORKS Total 1,005.01 34 of 728 CITY OF EVANSTON BILLS LIST PERIOD ENDING 07/15/2014 2610 MUNICIPAL SERVICE CENTER 62225 SMITHEREEN PEST MGMT SERVICES RODENT CONTROL 93.00 62235 MIDWEST TIME RECORDER TIME CLOCK MAINTENANCE 330.00 64015 NICOR UTILITIES-MAY 2014 663.98 65040 WAREHOUSE DIRECT INC.JANITORIAL SUPPLIES 98.94 65515 METRO TANK AND PUMP COMPANY FUEL PUMP #5 REPAIRS 1,673.30 2610 MUNICIPAL SERVICE CENTER Total 2,859.22 2625 ENGINEERING 65095 OFFICE DEPOT OFFICE SUPPLIES 70.80 2625 ENGINEERING Total 70.80 2640 TRAF. SIG. & ST. LIGHT. MAINT 64006 COMED UTILITIES-MAY 2014 14,644.53 64008 CONSTELLATION NEW ENERGY, INC.UTILITIES-MAY 2014 36.43 65070 ELCAST LIGHTING STREET LIGHT FIXTURE REPAIR 1,500.00 2640 TRAF. SIG. & ST. LIGHT. MAINT Total 16,180.96 2655 PARKS & FORESTRY MAINT. & OPER. 62195 NATURE'S PERSPECTIVE LANDSCAPING CALLAN EMBARKMENT 232.00 62195 SKOKIE PARK DISTRICT LANDSCAPING 5,723.85 62195 LANDSCAPE CONCEPTS MGMT GREEN BAY RD LANDSCAPE MAINTENANCE 2,553.72 62195 LANDSCAPE CONCEPTS MGMT HOWARD ST. STREETSCAPE LANDSCAPE MAINTENANCE 842.00 62195 LANDSCAPE CONCEPTS MGMT MAIN ST STREETSCAPE MAINTENANCE 518.00 62199 NUTOYS LEISURE PRODUCTS SEE SAW HARDWARE 471.80 62496 SUNRISE TREE SERVICE INC DUTCH ELM DISEASE CONTROL BID 14-15 4,529.00 65005 MONTALE GARDENS BOTANICAL SUPPLIES 1,376.50 65015 CONSERV FS GRASS SEED 234.50 65020 MARKS, BRIAN REIMBURSEMENT 75.00 65020 MARTINEZ-MUNOZ, RUBEN REIMBURSEMENT 75.00 65020 REINDERS, INC.AIR FILTER 38.97 65020 REINDERS, INC.OUTER COVER 92.65 2655 PARKS & FORESTRY MAINT. & OPER. Total 16,762.99 2665 STREETS AND SANITATION ADMIN 64540 VERIZON WIRELESS COMMUNICATION CHARGES 380.10 2665 STREETS AND SANITATION ADMIN Total 380.10 2670 STREET AND ALLEY MAINTENANCE 65055 ARROW ROAD CONSTRUCTION HOT ASPHALT MIX CONTRACT EXTENSION 666.64 65055 OZINGA CHICAGO RMC, INC.CONCRETE CONTRACT EXTENSION 8,637.00 65085 GRAINGER, INC., W.W.COMPOSTABLE CAN LINER 3,206.30 65090 GRAINGER, INC., W.W.SAFETY EQUIPMENT 381.24 65115 ARTS & LETTERS LTD.SIGN FABRICATION LETTERS 45.00 2670 STREET AND ALLEY MAINTENANCE Total 12,936.18 2677 FACILITIES 65050 ELEVATOR INSPECTION SERVICE ELEVATOR INSPECTION SERVICES 300.00 65050 W.G.N. FLAG & DECORATING COMPANY FLAG PURCHASE 417.00 65050 ULINE SHIPPING 195.50 65050 ULINE PICNIC TABLES 1,420.00 2677 FACILITIES Total 2,332.50 3010 REC. BUSINESS & FISCAL MGMT 65095 OFFICE DEPOT OFFICE SUPPLIES 509.72 3010 REC. BUSINESS & FISCAL MGMT Total 509.72 3020 REC GENERAL SUPPORT 62490 BENNISONS BAKERIES VENDOR LINK REIMBURSEMENT 34.00 62490 JON FIRST VENDOR LINK REIMBURSEMENT 32.00 62490 ED GAST VENDOR LINK REIMBURSEMENT 115.00 62490 BRUNKOW CHEESE VENDOR LINK REIMBURSEMENT 43.00 62490 FOODIE BITES INC VENDOR LINK REIMBURSEMENT 150.00 65125 VERIZON WIRELESS COMMUNICATION CHARGES 418.11 3020 REC GENERAL SUPPORT Total 792.11 3025 PARK UTILITIES 64005 COMED UTILITIES-APRIL 2014 239.58 64005 COMED UTILITIES-MAY 2014 3,396.30 64005 CONSTELLATION NEW ENERGY, INC.UTILITIES-MAY 2014 1,474.32 3025 PARK UTILITIES Total 5,110.20 3030 CROWN COMMUNITY CENTER 62505 MICHELLE A. VAN DER KARR DANCE INSTRUCTION 80.00 64005 CONSTELLATION NEW ENERGY, INC.UTILITIES-MAY 2014 2,599.08 64015 NICOR UTILITIES-MAY 2014 114.35 3030 CROWN COMMUNITY CENTER Total 2,793.43 3035 CHANDLER COMMUNITY CENTER 62506 NORTHWESTERN UNIVERSITY WORK STUDY STAFF 2,252.36 62507 CLASSIC BOWL PEE WEE SPORTS CAMP TRIP 112.00 62507 CLASSIC BOWL SPORTS CAMP FIELD TRIP 824.00 35 of 728 CITY OF EVANSTON BILLS LIST PERIOD ENDING 07/15/2014 62507 NICKEL CITY SPORTS CAMP FIELD TRIP 558.00 62507 BICKER BROS, INC DBA NOVELTY GOLF SPORTS CAMP FIELD TRIP 231.00 62507 PUMP IT UP GLENVIEW SPORTS CAMP FIELD TRIP 306.00 64005 CONSTELLATION NEW ENERGY, INC.UTILITIES-MAY 2014 1,038.44 64015 NICOR UTILITIES-MAY 2014 133.12 65040 LAPORT INC JANITORIAL SUPPLIES 459.86 65040 LAPORT INC JANITORIAL SUPPLIES 156.20 65095 OFFICE DEPOT OFFICE SUPPLIES 99.82 3035 CHANDLER COMMUNITY CENTER Total 6,170.80 3040 FLEETWOOD JOURDAIN COM CT 62225 STA-KLEEN INC.OVEN & COOKING SURFACE CLEANING 39.00 62245 KC FITNESS SERVICE BI-ANNUAL PREVENTATIVE MAINT FITNESS ROOM 300.00 62245 LAMTECH LAMINATING SOLUTIONS SERVICE TO LAMINATOR 200.00 62495 ANDERSON PEST CONTROL PEST CONTROL SERVICES 82.00 62511 BENHAM, AARON VOCAL COACH FOR FJT: GEES BEND 250.00 62511 PRIZE MUSIC PRODUCTIONS PERFORMER YEMI-MARIE AT A-B CONCERT 200.00 62511 EXTREME REACH, INC.PERFORMER SERVICES 1,828.28 64005 CONSTELLATION NEW ENERGY, INC.UTILITIES-MAY 2014 2,232.78 64015 NICOR UTILITIES-MAY 2014 201.71 65070 DME ACCESS, INC.MONTHLY ELEVATOR MAINTENANCE 170.00 65110 TOBIN, CHRISTOPHER CLEANING & URETHANE GYM FLOOR / DANCE STUDIO 475.00 65110 NILFISK-ADVANCE, INC.SUPPLIES 262.50 3040 FLEETWOOD JOURDAIN COM CT Total 6,241.27 3045 FLEETWOOD/JOURDAIN THEATR 62210 EVANSTON PHOTOGRAPHIC STUDIOS THEATRE POSTERS FJT 450.00 62490 KELLY, TONY POSTER DESIGNS FOR FJT 150.00 62490 MORAN, MICHAEL SOUND DESIGN FOR FJT: GEES BEND 400.00 62490 RYAN, EMENS ASST SET BUILDING FJT SEASON 100.00 62490 GOODING, JARED LIGHT DESING FOR FJT SUMMER SEASON 500.00 62505 WRIGHT, CHRISTINA INSTRUCTOR AFTER SCHOOL PRO FJC 360.00 62511 AGUIRRE, NICHOLIA PERFORMER FOR FJT GEES BEND 255.00 62511 MONTENEGRO, MICHAEL SET DESIGN FOR FJT: HAVING OUR SAY 250.00 62511 SJODIN, FRANK SET CONTRUCTION FOR FJT HAVING OUR SAY 400.00 62511 COALSON, SHOSHANNA PERFORMANCE OF POP UP THEATRE 150.00 62511 STEBBINS, ANNE COSTUME DESIGN FJT: GEES BEND 400.00 62511 QUICK, AARON SOUND DESIGN FJT HAVING OUR SAY 400.00 62511 ELANA ELYCE SULLIVAN PERFORMER FJT GEES BEND 255.00 62511 PHILLIP MORGAN MARDI GRAS ENTERTAINMENT 150.00 62511 CYNTHIA HATTIS PERFORMER FJCC SENIOR MARDI GRAS 125.00 62511 JESSICA FORELLA STAGE MANAGER FJT GEES BEND 700.00 62511 CATHERINE DAVIDSON PERFORMER FOR FJT GEES BEND 365.00 62511 JUNEITHA SHAMBEE PERFORMANCE FOR FJT POP UP THEATRE 150.00 62511 EXTREME REACH, INC.PERFORMER FOR FJT 1,454.48 65095 ILLINOIS PAPER COMPANY PAPER 52.10 3045 FLEETWOOD/JOURDAIN THEATR Total 7,066.58 3050 RECREATION OUTREACH PROGRAM 62210 GENERATION COPY INC MUSE OF FIRE POSTER 475.00 62210 HOME CITY ICE COMPANY ICE FOR SUMMER FOOD PROGRAM 1,050.00 62490 PAYNE, CHUBBY COORDINATE GARDEN PLANTING 450.00 62490 CLINTON WARE PERFORMER DURING ADULT BBGAMES 600.00 62495 ANDERSON PEST CONTROL PEST CONTROL SERVICES 33.33 62511 ANN DEAN PERSONAL GROWTH STUDENT INSTRUCTION 200.00 65095 ILLINOIS PAPER COMPANY PAPER 104.30 65095 OFFICE DEPOT OFFICE SUPPLIES 50.28 3050 RECREATION OUTREACH PROGRAM Total 2,962.91 3055 LEVY CENTER SENIOR SERVICES 61062 KEVIN SPARKMON SECURITY FOR PRIVATE EVENT 424.00 62245 DIRECT FITNESS SOLUTIONS LABOR FOR FITNESS EQUIPMENT 115.00 62245 DIRECT FITNESS SOLUTIONS MAINTENANCE ON EQUIPMENT 480.20 62245 NILFISK-ADVANCE, INC.SUPPLIES 329.60 62505 VISSER, VIVIAN SENIOR SILK SCARF WORKSHOP 77.50 62509 DIRECT FITNESS SOLUTIONS MAINTENANCE FOR FITNESS MACHINES 510.00 62695 303 TAXI TAXI COUPON REIMBURSEMENT 13,374.00 62695 METRO CABS 1 LLC TAXI COUPON REIMBURSEMENT 192.00 64005 CONSTELLATION NEW ENERGY, INC.UTILITIES-MAY 2014 4,193.75 64015 NICOR UTILITIES-MAY 2014 237.92 65025 CATHOLIC CHARITIES OF CHICAGO CONGREGATE MEAL PROGRAM 5,777.00 65040 LAPORT INC JANITORIAL SUPPLIES 1,837.37 65040 LAPORT INC RETURNED JANITORIAL SUPPLIES -86.37 65095 OFFICE DEPOT OFFICE SUPPLIES 149.66 3055 LEVY CENTER SENIOR SERVICES Total 27,611.63 3080 BEACHES 62490 SMITH MAINTENANCE COMPANY PARK RESTROOM CLEANING 6,833.33 64005 CONSTELLATION NEW ENERGY, INC.UTILITIES-MAY 2014 90.61 65020 FITNESS WEAR, INC.CAMP TSHIRTS 1,534.60 65040 LAPORT INC JANITORIAL SUPPLIES 429.73 65040 SUPERIOR INDUSTRIAL SUPPLY JANITORIAL SUPPLIES 947.45 36 of 728 CITY OF EVANSTON BILLS LIST PERIOD ENDING 07/15/2014 65040 SUPERIOR INDUSTRIAL SUPPLY JANITORIAL SUPPLIES 165.16 65040 WAREHOUSE DIRECT INC.JANITORIAL SUPPLIES 392.05 65110 VAN'S ENTERPRISES LTD PALLET BATTERS BLOX 1,200.00 3080 BEACHES Total 11,592.93 3085 RECREATION FACILITY MAINTENANCE 65110 VAN'S ENTERPRISES LTD DIRT CHEAP INFIELD 716.60 3085 RECREATION FACILITY MAINTENANCE Total 716.60 3095 CROWN ICE RINK 62245 JORSON & CARLSON BLADE SHARPENING 35.49 62495 ANDERSON PEST CONTROL PEST CONTROL SERVICES 79.00 62507 BRUNSWICK COMMERCIAL & GOV.SUMMER CAMP FIELD TRIP 484.00 62507 BRUNSWICK ZONE NILES CAMP FIELD TRIP 546.50 64005 CONSTELLATION NEW ENERGY, INC.UTILITIES-MAY 2014 7,797.25 64015 NICOR UTILITIES-MAY 2014 343.04 65080 COCA-COLA ENTERPRISES VENDING MACHINE RESALE 698.88 3095 CROWN ICE RINK Total 9,984.16 3100 SPORTS LEAGUES 62508 MANISCALC0, ANTHONY SPORTS UMPIRE 525.00 62508 CHRIST, DONALD SPORTS UMPIRE 245.00 62508 ZIMMERMAN, JAY SPORTS UMPIRE 289.00 62508 KIRK VIDAS SPORTS UMPIRE 265.00 62508 MORRIS SCHWARTZ SPORTS UMPIRE 458.00 62508 KAVONIUS-DONADO, PENNY SPORTS UMPIRE 70.00 62508 FRANKLIN, STEVE SPORTS UMPIRE 245.00 62508 YABLON, MITCHELL SPORTS UMPIRE 70.00 62508 EKERMAN, IRV SPORTS UMPIRE 70.00 62508 WILLIAM P. HORGAN SPORTS UMPIRE 175.00 62508 FOLINO, PHILLIP SPORTS UMPIRE 64.00 62508 WAGNER, DAVID SPORTS UMPIRE 385.00 65110 CONSERV FS GRASS SEED 1,170.00 3100 SPORTS LEAGUES Total 4,031.00 3105 AQUATIC CAMP 65110 FITNESS WEAR, INC.CAMP TSHIRTS 760.00 3105 AQUATIC CAMP Total 760.00 3110 TENNIS 62505 E-TOWN TENNIS TENNIS INSTRUCTION 23,591.50 3110 TENNIS Total 23,591.50 3130 SPECIAL RECREATION 62295 MYRA A GORMAN SPECIAL OLYMPICS BUS RENTAL 180.00 3130 SPECIAL RECREATION Total 180.00 3605 ECOLOGY CENTER 64005 COMED UTILITIES MAY 2014 101.78 64005 CONSTELLATION NEW ENERGY, INC.UTILITIES-MAY 2014 397.23 3605 ECOLOGY CENTER Total 499.01 3700 NOYES CULTURAL ARTS CTR 62490 EVANSTON CHAMBER OF COMMERCE MAYOR'S LUNCHEON 160.00 3700 NOYES CULTURAL ARTS CTR Total 160.00 3710 NOYES CULTURAL ARTS CENTER 62495 ANDERSON PEST CONTROL PEST CONTROL SERVICES 39.14 64005 CONSTELLATION NEW ENERGY, INC.UTILITIES-MAY 2014 1,281.36 64015 NICOR UTILITIES-MAY 2014 229.84 65040 LAPORT INC JANITORIAL SUPPLIES 593.38 65040 LAPORT INC JANITORIAL SUPPLIES 115.06 3710 NOYES CULTURAL ARTS CENTER Total 2,258.78 3720 CULTURAL ARTS PROGRAMS 62215 DINERSTEIN, MATT PHOTOGRAPHER EAF 300.00 62295 THEA MORRIS AED/FIRST AID TRAINING 700.00 62500 B&B PRODUCTIONS, INC SOUND & AUDIO ENGINEER STARLIGHT CONCERTS 2,100.00 62509 JANICE BROWN FACE PAINTER FOR EAF 400.00 62509 DAYNA CALDERON EAF BOOKING OF ENTERTAINMENT 2,500.00 62509 ELLENSTEIN, JAN EAF FAMILY TENT COORDINATION 1,000.00 62509 LADEN, BLAIR EAF FACEPAINTING FAMILY TENT 400.00 62509 RIVERA, GUILLERMO EAF FAMILY TENT WORKSHOP 400.00 62509 NOVAK, ROSA FAMILY ACT AREA EAF 300.00 62509 BRIDGETTE BATTAGLIA LSF CRAFT TENT COORDINATION 300.00 62509 GLOBAL EXPLORERS KIDS EAF DRUM PERFORMANCE 400.00 62509 NADINE ROYSTER ARTS WORKSHOP FAAA EAF 350.00 62509 PHILIP BATTAGLIA LAYOUT ASSISTANT EAF/LAF 300.00 62509 ANNA KEEVA EAF FAMILY TENT WORKSHOP 375.00 62509 RIVERA, RACHEL WEAVER EAF FAMILY TENT WORKSHOP 190.00 62509 JAY SEPTOSKI EAF STAGE MANAGER 350.00 62509 BODHI TREE MEHNDI EAF MEHNDI ARTISTS: N. SANTIAGO 400.00 62509 CHARLES STEWART, JR.ASSIST LAYOUT FOR EAF 150.00 62511 KATHERINE HUGHES LSF MUSICAL PERFORMANCE 500.00 62511 HAND, EILEEN ARTS INSTRUCTION 250.00 62511 MATHEW TEMBO & AFRO ROUTES ETHNIC ARTS FESTIVAL PERFORMER 1,500.00 37 of 728 CITY OF EVANSTON BILLS LIST PERIOD ENDING 07/15/2014 62511 TERRANCE SIMIEN, Inc.ETHNIC ARTS FESTIVAL PERFORMER 3,500.00 62511 LANG, ERIK MUSICAL PERFORMANCE LAF 400.00 62511 WINOGRAD, BARRY LAF MUSICAL PERFORMANCE 300.00 62511 JANE STENSON PERFORMER STARLIGHT 250.00 62511 ALFRED BAKER PERFORMER EAF 500.00 62511 FRIEDLANDER, GUS MUSICAL PERFORMANCE LAF 1,000.00 62511 JAMES SANDERS MUSIC LSF MUSICAL PERFORMANCE 800.00 62511 ROBERT SMITH EAF WORKSHOP IN FAMILY ART TENT 375.00 62511 LUCY SMITH LSF MUSICAL PERFORMANCE 500.00 62511 MARY CHRISTINA STASNY EAF STAGE MANAGER 350.00 62511 FRANCE YOLI JOSEPH EAF EMCEE FOR MUSIC STAGE 200.00 65095 OFFICE DEPOT OFFICE SUPPLIES 143.21 3720 CULTURAL ARTS PROGRAMS Total 21,483.21 3806 CIVIC CENTER SERVICES 64015 NICOR UTILITIES-MAY 2014 360.41 3806 CIVIC CENTER SERVICES Total 360.41 100 GENERAL FUND Total 527,301.02 205 EMERGENCY TELEPHONE (E911) FUND 5150 EMERGENCY TELEPHONE SYSTEM 62295 POWER PHONE INC ACTIVE SHOOTING 229.00 62509 IRON MOUNTAIN OSDP OFF-SITE DATA PROTECTION MONTHLY EXPENSES 340.17 64505 AT & T COMMUNICATION CHARGES 5,418.35 64505 AT & T COMMUNICATION CHARGES 5,435.85 65625 COMMUNICATIONS DIRECT HT 1250 PORTABLE RADIO VHF 3,676.70 5150 EMERGENCY TELEPHONE SYSTEM Total 15,100.07 205 EMERGENCY TELEPHONE (E911) FUND Total 15,100.07 215 CDBG FUND 5200 HOUSING ASSISTANCE 62825 OXFORD MANAGEMENT SECURITY IMPROVEMENT 1,732.50 5200 HOUSING ASSISTANCE Total 1,732.50 5203 HANDYMAN 63095 GOSS & ASSOCIATES, INC.HANDY MAN PROGRAM 2,012.10 5203 HANDYMAN Total 2,012.10 5220 CDBG ADMINISTRATION 62295 JACOBS, APRIL REIMBURSEMENT 55.88 5220 CDBG ADMINISTRATION Total 55.88 215 CDBG FUND Total 3,800.48 220 CDBG LOAN 5280 CD LOAN 65535 ANTON, KOCHIS & BOOTHE APPRAISALS 580.00 65535 BEST TILING & BATH, INC REMODEL 1,385.63 65535 INNERSPACE ENVIRONMENTAL PAINT SUPPLIES 550.00 5280 CD LOAN Total 2,515.63 5285 MULTI FAM REHAB PROGRAM 65535 ECO GREENERGY PROPERTIES, LLC MATERIAL AND LABOR 12,495.00 65535 STAT ANALYSIS CORPORATION LEAD DUST WIPE SAMPLES 540.00 5285 MULTI FAM REHAB PROGRAM Total 13,035.00 220 CDBG LOAN Total 15,550.63 225 ECONOMIC DEVELOPMENT FUND 5300 ECON. DEVELOPMENT FUND 62136 PARSONS BRINCKERHOFF CONSULTING-FEB 2014 2,329.39 62136 PARSONS BRINCKERHOFF CONSULTING-MARCH 2014 126.65 62660 QUARTET COPIES BRUMMEL PARK TRUCK FEST 106.20 5300 ECON. DEVELOPMENT FUND Total 2,562.24 225 ECONOMIC DEVELOPMENT FUND Total 2,562.24 38 of 728 CITY OF EVANSTON BILLS LIST PERIOD ENDING 07/15/2014 240 HOME FUND 5430 HOME FUND 62490 COOK COUNTY CLERK SPECIAL ASSESSMENT #1836 146.00 65535 CONNECTIONS FOR THE HOMELESS TBRA HOME PROG-APRIL 2014 16,324.12 65535 CONNECTIONS FOR THE HOMELESS TBRA HOME PROG-MARCH 2014 12,270.99 5430 HOME FUND Total 28,741.11 240 HOME FUND Total 28,741.11 320 DEBT SERVICE FUND 5700 DEBIT SERVICE FUND 62350 WELLS FARGO BANK, N.A.BONDS SERIES 2008D 250.00 5700 DEBIT SERVICE FUND Total 250.00 320 DEBT SERVICE FUND Total 250.00 415 CAPITAL IMPROVEMENTS FUND 4150 CAPITAL PROJECTS 415414 65502 CLAUSS BROTHERS, INC.ARRINGTON LAKEFRONT LAGOON CONSTRUCTION 81,043.20 416456 65515 GSG MATERIAL TESTING MATERIAL TESTING-VARIOUS LOCATIONS 4,800.00 415871 65515 STANLEY CONSULTANTS INC.SHERIDAN ROAD SIGNAL PROJECT 1,034.41 415938 65515 ALFRED BENESCH & COMPANY BRIDGE ST. BRIDGE PROJECT 24,617.41 4150 CAPITAL PROJECTS Total 111,495.02 4150 CAPITAL PROJECTS 415663 62135 ALTUS WORKS, INC.2013 NOYES CENTER CHIMNEY 349.80 4150 CAPITAL PROJECTS Total 349.80 415 CAPITAL IMPROVEMENTS FUND Total 111,844.82 505 PARKING SYSTEM FUND 7005 PARKING SYSTEM MGT 65095 OFFICE DEPOT OFFICE SUPPLIES 142.49 65515 RMS BUSINESS SYSTEMS LPR CAMERA REPAIR 10,050.00 65515 CTL GROUP CONSULTING FOR CHURCH ST GARAGE 51,293.50 65515 NEW WORLD SYSTEMS CONSULTING SERVICES 5,706.22 65515 SCHAFER CONSULTING CONSULTING SERVICES 11,745.87 68205 VERIZON WIRELESS COMMUNICATION CHARGES 76.02 7005 PARKING SYSTEM MGT Total 79,014.10 7015 PARKING LOTS & METERS 62375 CTA/AB MONTHLY RENT LOT 19 990.00 65070 CHICAGO TRIBUNE LEGAL NOTICE ADVERTISEMENTS 1,788.00 65070 MERCHANTFIRST ELECTRONIC PROCESS SYSTEM 7,781.44 7015 PARKING LOTS & METERS Total 10,559.44 7025 CHURCH STREET GARAGE 53515 BRENNAN, ANN ACCESS CARD DEPOSIT REFUND 25.00 53515 COOPER, MARIANNA ACCESS CARD DEPOSIT REFUND 25.00 53515 DOUFKIR, AZIZA ACCESS CARD DEPOSIT REFUND 25.00 53515 GATTORE, RICHARD ACCESS CARD DEPOSIT REFUND 25.00 53515 KHORDKER, ASHEEM ACCESS CARD DEPOSIT REFUND 25.00 53515 MATHER LIFEWAYS ACCESS CARD DEPOSIT REFUND 50.00 53515 NORIRNINE, HAYAT ACCESS CARD DEPOSIT REFUND 25.00 64005 CONSTELLATION NEW ENERGY UTILITIES-MAY 2014 3,922.09 64505 CALL ONE COMMUNICATION CHARGES 1,166.75 7025 CHURCH STREET GARAGE Total 5,288.84 7036 SHERMAN GARAGE 53515 DOWNTOWN EVANSTON ACCESS CARD REFUND 25.00 53515 BIERMAN, KARENA ACCESS CARD REFUND 25.00 53515 CHANEY, KEITH ACCESS CARD REFUND 25.00 53515 COCKETT, MOLLY ACCESS CARD REFUND 25.00 53515 COOLEY, CHRIS ACCESS CARD REFUND 25.00 53515 COOPER, WILLIAM ACCESS CARD REFUND 25.00 53515 CREWSON, JULIA ACCESS CARD REFUND 25.00 53515 DERMATOLOGY FOUNDATION ACCESS CARD REFUND 25.00 53515 EFTEKHARI , EHSAN ACCESS CARD REFUND 25.00 53515 GIANNAKOPOLLIOS, CATHERINE ACCESS CARD REFUND 25.00 53515 GREEN, JASON ACCESS CARD REFUND 25.00 53515 GUERRA, MARIO ACCESS CARD REFUND 25.00 53515 HAPP, CHARLES ACCESS CARD REFUND 25.00 53515 BAUMAN ILBAWI, ELIZABETH ACCESS CARD REFUND 25.00 53515 HELEN, KIM ACCESS CARD REFUND 25.00 39 of 728 CITY OF EVANSTON BILLS LIST PERIOD ENDING 07/15/2014 53515 KUDINOK, SVETLANA ACCESS CARD REFUND 25.00 53515 LEE, SOL JEE ACCESS CARD REFUND 25.00 53515 LOPINTO, MICHAEL ACCESS CARD REFUND 25.00 53515 MALASKY, HARRIS ACCESS CARD REFUND 25.00 53515 OLUBODE, TOLU ACCESS CARD REFUND 50.00 53515 OSICKA, LENKA ACCESS CARD REFUND 25.00 53515 PRESCOUTER, INC.ACCESS CARD REFUND 75.00 53515 SALSBURY, AARON ACCESS CARD REFUND 25.00 53515 SAUNDERS, NATALIE ACCESS CARD REFUND 25.00 53515 SCIORTINO, CHRISTINE ACCESS CARD REFUND 25.00 53515 SHAKIR, WALI ACCESS CARD REFUND 25.00 53515 SLUPSKI, CLAIRE ACCESS CARD REFUND 25.00 64005 CONSTELLATION NEW ENERGY, INC.UTILITIES-MAY 2014 7,075.45 64505 AT & T COMMUNICATIION CHARGES 125.99 64505 AT & T COMMUNICATIION CHARGES 126.00 64505 CALL ONE COMMUNICATIION CHARGES 2,005.43 7036 SHERMAN GARAGE Total 10,082.87 7037 MAPLE GARAGE 53515 BASS, J. BRYAN ACCESS CARD REFUND 25.00 53515 COLLAND, ANDRE ACCESS CARD REFUND 25.00 53515 DADE, ANTWAN ACCESS CARD REFUND 25.00 53515 DONNELLY, EAMONN ACCESS CARD REFUND 25.00 53515 GATZIOLIS, WILLIAM ACCESS CARD REFUND 25.00 53515 LESS, LOLA ACCESS CARD REFUND 25.00 53515 MAHER, COLLEEN ACCESS CARD REFUND 25.00 53515 MARTINS, DEBORA ACCESS CARD REFUND 25.00 53515 MARQUARDT, JENNIFER ACCESS CARD REFUND 25.00 53515 MONTIEL, ARTURO ACCESS CARD REFUND 25.00 53515 PARK, CHAN ACCESS CARD REFUND 25.00 53515 WALDRON, MARGARET ACCESS CARD REFUND 25.00 64005 CONSTELLATION NEW ENERGY UTILITIES-MAY 2014 8,034.38 64505 CALL ONE COMMUNICATION CHARGES 1,457.04 7037 MAPLE GARAGE Total 9,791.42 505 PARKING SYSTEM FUND Total 114,736.67 510 WATER FUND 56145 O'BRIEN LANDSCAPE PERMIT REFUND 40.00 62180 COMED MUNICIPAL AGGREGATION FEE 168.00 62210 ON TRACK FULFILLMENT INC.SHIPPING 67.50 62275 ON TRACK FULFILLMENT INC.SHIPPING 32.98 62295 REHG, KRISTIN AMERICAN WATER WORKS ASSO. CONFERENCE 216.85 62295 NORTHEASTERN IL.PUBLIC SAFETY CONFINED SPACE TRAINING 105.00 62315 UNITED PARCEL SERVICE MONTHLY CHARGES-JUNE 600.00 62315 INFOSEND, INC.ANNUAL COST OF WATER BILLING 4,582.56 62465 UNDERWRITERS LABORATORIES INC.2014 LABORATORY TESTING 14.00 64005 COMED UTILITIES-MAY 2014 64.01 64005 CONSTELLATION NEW ENERGY, INC.UTILITIES-MAY 2014 39,229.59 64015 NICOR UTILITIES-MAY 2014 1,076.72 64505 CALL ONE COMMUNICATION CHARGES- MAY 2014 202.57 64505 BYTRONICS, INC., BASIN TECH CENTRE DIGTRACK TICKETS 192.00 64540 VERIZON WIRELESS COMMUNICATION CHARGES- MAY 2014 228.06 64540 VERIZON WIRELESS COMMUNICATION CHARGES- MAY 2014 133.04 65055 MID AMERICAN WATER OF WAUCONDA WATER DISTRIBUTION SYSTEM MATERIALS 2,191.35 65070 CHICAGO TRIBUNE LEGAL NOTICE ADVERTISEMENTS 1,554.00 65095 OFFICE DEPOT OFFICE SUPPLIES 684.33 65105 EVANSTON BLUE PRINT CO., INC.OFFICE SUPPLIES 219.90 65702 O'LEARY'S CONTRACTORS 6" TRASH PUMP 14,900.00 510 WATER TOTAL 66,502.46 510 WATER FUND Total 66,502.46 513 WATER DEPR IMPRV & EXTENSION 7330 WATER FUND DEP, IMP, EXT 733101 65515 WATER RESOURCES AMI SYSTEM 37,115.55 7330 WATER FUND DEP, IMP, EXT Total 37,115.55 513 WATER DEPR IMPRV & EXTENSION FUND Total 37,115.55 515 SEWER FUND 7400 SEWER MAINTENANCE 62455 INFOSEND, INC.UTILITY BILL PRINTING & MAILING SERVICES 2,098.08 64540 VERIZON WIRELESS COMMUNICATION CHARGES 38.01 7400 SEWER MAINTENANCE Total 2,136.09 515 SEWER FUND Total 2,136.09 40 of 728 CITY OF EVANSTON BILLS LIST PERIOD ENDING 07/15/2014 520 SOLID WASTE FUND 7685 REFUSE COLLECT & DISPOSAL 62390 LAKESHORE WASTE SERVICES, LLC FY2014 CONDO REFUSE COLLECTION 32,179.84 65625 VERIZON WIRELESS COMMUNICATION CHARGES 41.79 7685 REFUSE COLLECT & DISPOSAL Total 32,221.63 7690 RESIDENTIAL RECYCLING COL 64015 NICOR UTILITIES-MAY 2014 132.55 7690 RESIDENTIAL RECYCLING COL Total 132.55 520 SOLID WASTE FUND Total 32,354.18 600 FLEET SERVICES FUND 7705 GENERAL SUPPORT 64505 CALL ONE COMMUNICATION CHARGES 547.14 64540 VERIZON WIRELESS COMMUNICATION CHARGES 38.01 65095 OFFICE DEPOT OFFICE SUPPLIES 218.37 7705 GENERAL SUPPORT Total 803.52 7710 MAJOR MAINTENANCE 62355 CINTAS #22 WEEKLY UNIFORM SERVICE 144.48 62355 CINTAS #22 WEEKLY UNIFORM SERVICE 144.48 62355 CINTAS WEEKLY MAT SERVICES 182.28 62355 CINTAS WEEKLY MAT SERVICES 182.28 65015 1ST AYD CORPORATION WIPERS 993.61 65015 HERITAGE CRYSTAL CLEAN ANTI-FREEZE 361.25 65035 PALATINE OIL COMPANY, INC FY2014 FUEL PURCHASES 27,583.46 65060 ALLTECH AUTO INC.BODY WORKS #27 1,250.03 65060 CUMBERLAND SERVICENTER SWITCH WINDOW 88.72 65060 DOUGLAS TRUCK PARTS CREDIT MEMO -67.50 65060 DOUGLAS TRUCK PARTS FILTER 157.32 65060 DOUGLAS TRUCK PARTS MUD FLAP 39.90 65060 DOUGLAS TRUCK PARTS RACOR BOWL KIT 195.40 65060 DOUGLAS TRUCK PARTS UNITY LAMP 59.40 65060 GROVER WELDING COMPANY WORD REPAIR 200.00 65060 CHICAGO HARLEY-DAVIDSON CLUTCH REPAIR #10 668.84 65060 CHICAGO HARLEY-DAVIDSON CLUTCH REPAIR #3 577.32 65060 CHICAGO HARLEY-DAVIDSON CLUTCH REPAIR #6 612.27 65060 INTERSTATE BATTERY OF NORTHERN CHGO BATTERY PURCHASES 642.34 65060 LAKE/COOK C.V. JOINTS INC SHAFT REPAIR #532 160.00 65060 LEACH ENTERPRISES, INC.PR VALVES 526.71 65060 MCCANN INDUSTRIES, INC.DIPSTICK #936 188.63 65060 RUSSO POWER EQUIPMENT FILTER #607 81.14 65060 STANDARD EQUIPMENT COMPANY DRY VALVE 470.20 65060 STANDARD EQUIPMENT COMPANY OVAL LIGHT MOUNT 96.60 65060 STANDARD EQUIPMENT COMPANY SWITCH BOX 103.59 65060 WESTMONT AUTO PARTS PLATE 96.60 65060 VERMEER MIDWEST BLADES 705.76 65060 VERMEER MIDWEST FAN #56 273.52 65060 VERMEER MIDWEST RADIATOR CAO #560 26.38 65060 WHOLESALE DIRECT INC LED AMBER 263.32 65060 ZARNOTH BRUSH WORKS, INC.MAIN & SIDE BROOMS FOR SWEEPERS 2,731.00 65060 WEST SIDE EXCHANGE HY GARD 883.26 65060 WEST SIDE EXCHANGE OIL LINE 557.11 65060 GLOBAL EMERGENCY PRODUCTS, INC.FAST ROTATING BEACON #324 100.39 65060 GLOBAL EMERGENCY PRODUCTS, INC.RUBBER MOUNTING STRIP 40.78 65060 GLOBAL EMERGENCY PRODUCTS, INC.VALVE HEIGHT CONTROL 184.95 65060 A & A TRANSMISSION CORP.ALTERNATOR #2014 480.00 65060 A & A TRANSMISSION CORP.BATTERY # 2013 220.00 65060 CARQUEST EVANSTON AIR FILTER 76.65 65060 CARQUEST EVANSTON ALTERNATOR #915 229.03 65060 CARQUEST EVANSTON BEARING #255 50.20 65060 CARQUEST EVANSTON BRAKE JOB #250 302.43 65060 CARQUEST EVANSTON BRAKE JOB #532 170.78 65060 CARQUEST EVANSTON BRAKE PAD #502 106.69 65060 CARQUEST EVANSTON BRAKE PAD #601 371.50 65060 CARQUEST EVANSTON CLEANER 110.16 65060 CARQUEST EVANSTON D/S WINDOW REGULATOR #18 92.01 65060 CARQUEST EVANSTON FLUD FITTING 43.06 65060 CARQUEST EVANSTON FUSE 1.70 65060 CARQUEST EVANSTON FUSOS 54.86 65060 CARQUEST EVANSTON HEAD LIGHT BULB 51.90 65060 CARQUEST EVANSTON IDLER PULLEY 43.43 65060 CARQUEST EVANSTON OIL COOLER LINE 119.43 41 of 728 CITY OF EVANSTON BILLS LIST PERIOD ENDING 07/15/2014 65060 CARQUEST EVANSTON OIL FILTER 10.32 65060 CARQUEST EVANSTON STARTER 131.03 65060 CARQUEST EVANSTON WHEEL SEAL #255 18.70 65060 GOLF MILL FORD CONTRACT EXTENSION FOR OEM FORD PARTS 2,310.60 65060 ORLANDO AUTO TOP GEAR PANEL 200.00 65060 ORLANDO AUTO TOP GLASS REPLACEMENT #67 280.00 65060 SIGLER'S AUTOMOTIVE & BODY SHOP FRONT ALIGNMENT #544 288.00 65060 SIGLER'S AUTOMOTIVE & BODY SHOP FRONT END #541 235.00 65060 CHICAGO PARTS & SOUND, LLC ACCUMULATOR 137.24 65060 CHICAGO PARTS & SOUND, LLC BLOWER MOTOR 81.26 65060 CHICAGO PARTS & SOUND, LLC CREDIT MEMO -75.00 65060 CHICAGO PARTS & SOUND, LLC TRANSMISSION 63.12 65060 NEVARR INC SPARK PLUG 92.65 65060 APC STORES, INC.,ALUM ELBOW 72.52 65060 APC STORES, INC.,HYD FITTING 115.56 65060 APC STORES, INC.,MERCON SP 30.45 65060 THE CHEVROLET EXCHANGE OUTSIDE REPAIR #60 644.53 65060 RUSH TRUCK CENTERS OF ILLINOIS #314 SUSPENSION PARTS 178.64 65060 RUSH TRUCK CENTERS OF ILLINOIS #314 TIRE ROD END 81.40 65060 RUSH TRUCK CENTERS OF ILLINOIS LIGHTS 104.92 65060 RUSH TRUCK CENTERS OF ILLINOIS RETURN AUTO PART -332.50 65065 WENTWORTH TIRE SERVICE NEW TIRE PURCHASES 3,946.60 65065 WENTWORTH TIRE SERVICE TIRE SERVICE, RECAP & REPAIR 690.02 7710 MAJOR MAINTENANCE Total 53,334.71 600 FLEET SERVICES FUND Total 54,138.23 601 EQUIPMENT REPLACEMENT FUND 7780 VEHICLE REPLACEMENTS 62375 UNITED RENTALS ROLLER RENTAL FOR STREET DIVISION 2,245.05 65550 CURRIE MOTORS REPLACEMENT VAN # 734 25,218.00 7780 VEHICLE REPLACEMENTS Total 27,463.05 601 EQUIPMENT REPLACEMENT FUND Total 27,463.05 605 INSURANCE FUND 7801 INSURANCE FUND 66054 SENIORS CHOICE MEDICAL PREMIUM 1,955.79 7801 INSURANCE FUND TOTAL 1,955.79 605 INSURANCE FUND Total 1,955.79 Grand Total 1,041,552.39 42 of 728 43 of 728 Bank of America Credit Card Statement for the Period ending May 31, 2014REPORTS TO INTERMEDIATEMERCHANT NAME TRANSACTION AMOUNT POSTING DATECOST ALLOCATION - EXPENSE OBJECTEXPENSE DESCRIPTION311 CENTERBENNISONS BAKERY INC $ 12.96 05/07/201464505 TELECOMMUNICATIONS CARRIER LINE CHSNACKS FOR 311 TRAINING CLASS311 CENTERGHB - EVANSTON $ 20.00 05/08/201464505 TELECOMMUNICATIONS CARRIER LINE CH2 GIF CARDS FOR 311/SDO FOR SNOW APPRECIATION, GREAT HARVEST BREAD311 CENTERACT ASSOCIATION OF GOV $ 150.00 05/09/201464505 TELECOMMUNICATIONS CARRIER LINE CHCONFERENCE COST INCLUDES MOST MEALS.MAY 12-15 ASSOCIATION OF GOVERNMENT CALL CENTERS311 CENTERPANINO'S PIZZERIA OR $ 89.56 05/09/201464505 TELECOMMUNICATIONS CARRIER LINE CHLUNCH FOR 311 STAFF FOR SNOW APPRECIATION.311 CENTERYELLOW CAB OF CHARLOTT $ 30.00 05/13/201464505 TELECOMMUNICATIONS CARRIER LINE CHTRANSPORTATION FROM AIRPORT TO CONFERENCE.311 CENTERSNAPENGAGE CHAT $ 49.00 05/15/201464505 TELECOMMUNICATIONS CARRIER LINE CHMONTHLY FEE FOR 311 LIVE CHAT311 CENTEROMNI CHARLOTTE $ 371.68 05/16/201464505 TELECOMMUNICATIONS CARRIER LINE CHHOTEL FOR GOVERNMENT CALL CENTER CONFERENCE311 CENTERBENNISONS BAKERY INC $ 12.96 05/30/201464505 TELECOMMUNICATIONS CARRIER LINE CHFOODADMN SVCS / ADMINDOWNTOWN EVANSTON $ 3,030.00 05/02/2014 65125 OTHER COMMODITIESPUBLIC SERVICE RECOGNITION WEEK GIFT CARDSADMN SVCS / ADMINCITY OF EVANSTON-SH $ 2.00 05/15/2014 62295 TRAINING & TRAVELPARKING FOR EPD TRAININGADMN SVCS / ADMINDOLRTREE 673 00006734 $ 20.76 05/22/2014 65095 OFFICE SUPPLIESOFFICE SUPPLIESADMN SVCS / ADMINDOUBLETREE SUITES MINN $ 856.15 05/23/2014 62295 TRAINING & TRAVELHOTEL ACCOMMODATIONS FOR GFOA CONFERENCEADMN SVCS / ADMINDOUBLETREE SUITES MINN $ 766.84 05/23/2014 62295 TRAINING & TRAVELHOTEL ACCOMMODATIONS FOR GFOA CONFERENCEADMN SVCS / ADMINJEWEL #3428 $ 27.60 05/26/2014 65125 OTHER COMMODITIESPUBLIC SERVICE RECOGNITION WEEK LUNCHEONADMN SVCS / ADMINPANINO'S PIZZERIA OR $ 393.59 05/26/2014 65125 OTHER COMMODITIESPUBLIC SERVICE RECOGNITION WEEK LUNCHEONADMN SVCS / ADMINSOCIETY FOR HUMAN RESO $ 185.00 05/30/2014 62360 MEMBERSHIP DUESMEMBERSHIP RENEWALADMN SVCS / FINANCETRIBUNE MEDIA GROUP $ 1,736.00 05/07/2014 62135 ARCHITECTURAL SERVICESAD NOTICE RFP 14-37 CHURCH STREET BOAT RAMP RENOVATIONS ADVERTISEMENTADMN SVCS / FINANCE TRIBUNE MEDIA GROUP $ 1,970.00 05/07/2014 62135 ARCHITECTURAL SERVICESAD NOTICE RFP 14-39 HARLEY L. CLARKE HOUSE RENOVATIONS AND INTERIOR REMODELING; PROJECT WAS PUT ON HOLD, UNTIL FURTHER NOTICE. ADMN SVCS / FINANCE SUN TIMES ADV $ 64.00 05/13/2014 65095 OFFICE SUPPLIESAD NOTICE BID 14-22 EVANSTON PUBLIC LIBRARY NORTH BRANCH TOILET ROOM RENOVATIONS - ADVERTISEMENTADMN SVCS / FINANCE SUN TIMES ADV $ 83.20 05/13/2014 62205 ADVERTISING AD NOTICE LHMCC BOILER BUILDING ROOF REPLACEMENT ADVERTISEMENTADMN SVCS / FINANCE TRIBUNE MEDIA GROUP $ 1,970.00 05/14/2014 65515 OTHER IMPROVEMENTSAD NOTICE BID 14-41 SHERMAN AVENUE IMPROVEMENT PROJECT ADVERTISEMENTADMN SVCS / FINANCE TRIBUNE MEDIA GROUP $ 2,060.00 05/29/201465127 LEADPAINT HAZARD GRANT EXPENSEAD NOTICE BID 14-44 HEALTHY HOMES: LEAD REMEDIATION IN LOW INCOME HOUSING ADVERTISEMENTADMN SVCS / FINANCE ILLINOIS CPA SOCIETY $ 590.00 05/30/2014 62360 MEMBERSHIP DUES ILL CPA SOCIETY MEMBERSHIP FOR ANDY VILLAMIN AND HITESH DESAILADMN SVCS/INFO SYS BC. BASECAMP 2479787 $ 20.00 05/05/201464545 (IS ONLY) PERSONAL COMP SOFTWARESOFTWAREADMN SVCS/INFO SYSGODADDY.COM $ 13.17 05/05/201464545 (IS ONLY) PERSONAL COMP SOFTWAREWALKEVANSTON DOMAIN PURCHASEADMN SVCS/INFO SYSGODADDY.COM $ 26.51 05/12/2014 65555 PERSONAL COMPUTER EQ EVANSTONARTSBUZZ.NETADMN SVCS/INFO SYSAPL APPLEONLINESTOREUS $ 339.00 05/12/2014 65555 PERSONAL COMPUTER EQ IPAD - UTILITIESADMN SVCS/INFO SYSAMAZON MKTPLACE PMTS $ 33.65 05/12/2014 65555 PERSONAL COMPUTER EQ USB DVD-RWADMN SVCS/INFO SYSWUFOO.COM/CHARGE $ 599.00 05/12/2014 62340 IS SUPPORT FEESWUFOO ANNUAL INVOICEADMN SVCS/INFO SYSDMI DELL K-12/GOVT $ 37.49 05/13/2014 65555 PERSONAL COMPUTER EQ LAPTOP POWER ADAPTERADMN SVCS/INFO SYSAMAZON.COM $ 5.49 05/15/2014 65555 PERSONAL COMPUTER EQ DUST WIPESADMN SVCS/INFO SYSAMAZON.COM $ 18.95 05/15/2014 65555 PERSONAL COMPUTER EQ LABEL MAKER TAPEADMN SVCS/INFO SYSADOBE SYSTEMS, INC. $ 49.99 05/19/2014 62340 IS SUPPORT FEESMONTHLY ADOBE CREATIVE CLOUDADMN SVCS/INFO SYSDMI DELL K-12/GOVT $ 695.26 05/20/2014 65555 PERSONAL COMPUTER EQ LAPTOP FOR HRADMN SVCS/INFO SYSAMAZON MKTPLACE PMTS $ 34.01 05/22/2014 65555 PERSONAL COMPUTER EQ 4 DVI TO DISPLAYPORT CABLESJuly 14, 2014Page 1 of 2544 of 728 Bank of America Credit Card Statement for the Period ending May 31, 2014ADMN SVCS/INFO SYS AMAZON MKTPLACE PMTS $ 259.60 05/22/2014 65555 PERSONAL COMPUTER EQ 4 DVI TO DISPLAYPORT CABLES, 4 HDS FOR DESKTOPSADMN SVCS/INFO SYS GODADDY.COM $ 2.95 05/22/2014 62340 IS SUPPORT FEES EMAIL FORWARDINGADMN SVCS/INFO SYS GODADDY.COM $ 2.95 05/22/2014 62340 IS SUPPORT FEES EMAIL FORWARDING FROM DOMAINADMN SVCS/INFO SYS ADOBE SYSTEMS, INC. $ 31.86 05/26/2014 65555 PERSONAL COMPUTER EQ ADOBE CLOUD ACCOUNTADMN SVCS/INFO SYS BEST BUY 00003137 $ 85.99 05/26/2014 65555 PERSONAL COMPUTER EQ AIRPORT EXPRESS - COUNCIL CHAMBERS APPLE TVADMN SVCS/PARKIING SVCS LEMOI ACE HARDWARE $ 240.35 05/02/201465070 OFFICE/OTHER EQ TO MAINTN MATERIALNUTS, BOLTS, WASHERS AND OTHER FASTENERS FOR SIGN INSTALLATIONADMN SVCS/PARKIING SVCSWW GRAINGER $ 535.68 05/05/201465050 BUILDING MAINTENANCE MATERIALLAMPS FOR SHERMAN PLAZA LOBBIESADMN SVCS/PARKIING SVCSMUNICIPAL SIGN AND SUP $ 1,315.00 05/05/2014 62230 SVC TO MAINTAIN MAINS POSTS FOR MULTI-SPACE PARKING SIGNS FOR LOTS.ADMN SVCS/PARKIING SVCSMUNICIPAL SIGN AND SUP $ 263.00 05/06/2014 62230 SVC TO MAINTAIN MAINS POSTS FOR MULTI-SPACE PARKING SIGNS FOR LOTS.ADMN SVCS/PARKIING SVCSLEMOI ACE HARDWARE $ 35.44 05/07/201465070 OFFICE/OTHER EQ TO MAINTN MATERIALINSTALLATION SUPPLIES (NUTS, BOLTS, DRILL BITS, ETC) FOR SIGNSADMN SVCS/PARKIING SVCSLEMOI ACE HARDWARE $ 9.58 05/12/201465070 OFFICE/OTHER EQ TO MAINTN MATERIALCAUTION TAPE FOR FARMERS MARKETADMN SVCS/PARKIING SVCSLEMOI ACE HARDWARE $ 36.43 05/12/201465070 OFFICE/OTHER EQ TO MAINTN MATERIALINSTALLATION SUPPLIES FOR SIGNS (50 ANCHORS).ADMN SVCS/PARKIING SVCSLEMOI ACE HARDWARE $ 13.41 05/15/201465070 OFFICE/OTHER EQ TO MAINTN MATERIALINSTALLATION SUPPLIES FOR SIGNS (1LB SELF-DRILL 10X1-1/2)ADMN SVCS/PARKIING SVCSLEMOI ACE HARDWARE $ 46.59 05/19/201465070 OFFICE/OTHER EQ TO MAINTN MATERIALINSTALLATION SUPPLIES FOR SIGNS (1LB SELF-DRILL 12X1-1/2, AND OTHER FASTENERS)ADMN SVCS/PARKIING SVCS EVANSTON SIGNS AND GRA $ 711.00 05/23/2014 62230 SVC TO MAINTAIN MAINS SIGNS FOR MULTI-SPACE PARKING SPCES FOR LOTS.ADMN SVCS/PARKIING SVCS LEMOI ACE HARDWARE $ 11.50 05/26/201465070 OFFICE/OTHER EQ TO MAINTN MATERIALINSTALLATION SUPPLIES FOR SIGNS (1LB SELF-DRILL 14X1-1/2)ADMN SVCS/PARKIING SVCSLEMOI ACE HARDWARE $ 26.14 05/28/201465070 OFFICE/OTHER EQ TO MAINTN MATERIALINSTALLATION SUPPLIES FOR SIGNS ( 2 -1LB SELF-DRILL 14X1-1/2)ADMN SVCS/PARKIING SVCSTHE HOME DEPOT 1902 $ 44.43 05/29/201465070 OFFICE/OTHER EQ TO MAINTN MATERIALINSTALLATION SUPPLIES FOR SIGNS (LOCK WASHERS, HEX NUTS, HEX BOLTS)CITY COUNCIL ADMINPANINO'S PIZZERIA OR $ 133.95 05/07/2014 65025 FOODDINNER FOR MAY 5, 2014 RULES COMMITTEE MEETINGCITY COUNCIL ADMINTHE GREAT FRAME UP $ 48.00 05/28/2014 65095 OFFICE SUPPLIESOFFICE SUPPLIES (FRAMES FOR PROCLAMATIONS)CITY COUNCIL ADMINEPLY.COM/CC 8005073759 $ (350.11) 05/29/2014 62295 TRAINING & TRAVELCANCELLATION REIMBURSEMENT FOR REGISTRATION FEE- GREAT LAKES & ST. LAWRENCE CITIES INITIATIVE CONF. JUNE 18-20, 2014, THUNDER BAY, CITY COUNCIL ADMININTERNATIONAL TRANSACTION FEE $ (3.85) 05/29/2014 62295 TRAINING & TRAVELTRANSACTION FEE FOR CANCELLATION OF REIMBURSEMENT FOR REGISTRATION FEE- GREAT LAKES & ST. LAWRENCE CITIES INITIATIVE CONF. CITY MGR'S OFF FACEBK NGXN566EV2 $ 17.94 05/01/2014 62205 ADVERTISINGADVERTISING FOR ECONOMIC DEVELOPMENTCITY MGR'S OFFMETROPOLITAN PLANNING $ 30.00 05/01/2014 62295 TRAINING & TRAVELMPC ROUNDTABLE - SMART SYSTEMS, RESILIENT REGIONSCITY MGR'S OFFGOOGLE GOOGLE STORAGE $ 1.99 05/05/201464545 (IS ONLY) PERSONAL COMP SOFTWAREGOOGLE STORAGECITY MGR'S OFFUNITED 01629228061005 $ 8.99 05/05/2014 62295 TRAINING & TRAVELINFLIGHT WI-FICITY MGR'S OFFADOBE SYSTEMS, INC. $ 21.24 05/06/201464545 (IS ONLY) PERSONAL COMP SOFTWAREAPP MEMBERSHIP FOR INDESIGNCITY MGR'S OFFAMERICANS FOR THE ARTS $ 660.00 05/06/2014 62295 TRAINING & TRAVELCONFERENCECITY MGR'S OFFFS JOTFORM $ 9.95 05/06/201464545 (IS ONLY) PERSONAL COMP SOFTWAREJOTFORM PREMIUM MONTHLYCITY MGR'S OFFZAPIER.COM $ 15.00 05/07/201464545 (IS ONLY) PERSONAL COMP SOFTWAREBASIC PLANCITY MGR'S OFFBKF BOOKFRESH $ 19.95 05/07/2014 65125 OTHER COMMODITIESDRUG TESTING SOFTWARE FOR PARKS & REC.CITY MGR'S OFFADOBE SYSTEMS, INC. $ 53.11 05/07/201464545 (IS ONLY) PERSONAL COMP SOFTWAREMONTHLY CLOUD MEMBERSHIP FOR JUNECITY MGR'S OFFPECKISH PIG $ 200.00 05/09/2014 65125 OTHER COMMODITIESEMPLOYEE RECOGNITIONCITY MGR'S OFFWP ENGINE INC $ 104.00 05/09/2014 62340 IS SUPPORT FEESPAYMENT FOR WP ACCOUNT WEBSITE HOSTINGCITY MGR'S OFFWALGREENS #2619 $ 16.07 05/13/2014 65025 FOODCOUNCIL FOODCITY MGR'S OFFTRAVRES RESCOUNTER.COM $ 920.72 05/15/2014 62295 TRAINING & TRAVELCONFERENCE HOTEL AMERICANS FOR THE ARTSJuly 14, 2014Page 2 of 2545 of 728 Bank of America Credit Card Statement for the Period ending May 31, 2014CITY MGR'S OFF HEWN $ 154.35 05/15/2014 65025 FOODCOUNCIL FOODCITY MGR'S OFFZIPWHIP.COM $ 19.95 05/15/201464505 TELECOMMUNICATIONS CARRIER LINE CHSOFTWARE FOR TEXTING TO 311CITY MGR'S OFFBKF BOOKFRESH $ 19.95 05/19/2014 65125 OTHER COMMODITIESDRUG TESTING FOR PARKS & REC.CITY MGR'S OFFADOBE SYSTEMS, INC. $ 10.61 05/19/201464545 (IS ONLY) PERSONAL COMP SOFTWAREINDESIGN MEMBERSHIP PAYMENTCITY MGR'S OFFWHOLEFDS EVS 10369 $ 119.98 05/19/2014 62365 RECPTIONSSPLIT - NOYES EVENT/RECEPTION (30%)CITY MGR'S OFFWHOLEFDS EVS 10369 $ 279.95 05/19/2014 62490 OTHER PROGRAM COSTS SPLIT - NOYES EVENT/RECEPTION (70%)CITY MGR'S OFFM AND M LIMOUSINE $ 150.00 05/19/2014 62295 TRAINING & TRAVELTRAVEL FOR LEGACY CONFERENCECITY MGR'S OFFM AND M LIMOUSINE $ 150.00 05/19/2014 62295 TRAINING & TRAVELTRAVEL FOR LEGACY CONFERENCECITY MGR'S OFFM AND M LIMOUSINE $ 150.00 05/19/2014 62295 TRAINING & TRAVELTRAVEL FOR LEGACY CONFERENCECITY MGR'S OFFTOMATE FRESH KITCHEN $ 165.00 05/20/2014 62295 TRAINING & TRAVELCULTURAL ARTS LUNCHEONCITY MGR'S OFFAMERICANS FOR THE ARTS $ 54.05 05/21/2014 62295 TRAINING & TRAVELEDUCATIONAL BOOKSCITY MGR'S OFFFACEBK EDLP46ADV2 $ 25.05 05/23/2014 62205 ADVERTISINGCITY OF EVANSTON ADVERTISINGCITY MGR'S OFFARBOR DAY FOUNDATION W $ 29.90 05/23/201465050 BUILDING MAINTENANCE MATERIALTREE CITY USA FLAGCITY MGR'S OFFWPCHRG.COM $ 99.00 05/26/201464545 (IS ONLY) PERSONAL COMP SOFTWAREANIMAL SHELTER WEBSITECITY MGR'S OFFISSUU PUBLISHING $ 19.00 05/26/201464545 (IS ONLY) PERSONAL COMP SOFTWAREPRO-READER MONTHLY SUBSCRIPTION FOR JUNECITY MGR'S OFFEAGLE FLAG OF AMERICA $ 812.95 05/26/201465050 BUILDING MAINTENANCE MATERIALSTATE FLAG, COLONIAL MOUNTED SETS, WITH FLAG, AND INDOOR COLONIAL MOUNTED SETS, NO FLAG EAGLE ORNAMENTCITY MGR'S OFF BKF BOOKFRESH $ 24.90 05/27/2014 65125 OTHER COMMODITIES BUSINESS AND TEXT NOTIFICATION ADD ONSCITY MGR'S OFF JUST TURKEY RESTAURANT $ 155.00 05/28/2014 65025 FOOD COUNCIL FOODCITY MGR'S OFF JEWEL #3428 $ 31.14 05/28/2014 65025 FOOD COUNCIL FOODCITY MGR'S OFF NATIONAL AWARDS $ 407.50 05/29/2014 65125 OTHER COMMODITIES CITY OF EVANSTON LIGHTHOUSE PINSCITY OF EVANSTON JIMMY JOHNS - 44 - MOT $ 62.99 05/01/2014 62310 HR ONLY - CITY WIDE TRAINING EAP LUNCH & LEARNCITY OF EVANSTON JIMMY JOHNS - 44 - MOT $ 76.98 05/01/2014 62310 HR ONLY - CITY WIDE TRAINING EAP LUNCH & LEARNCITY OF EVANSTON USEDLIGHTING.COM $ 247.00 05/01/2014 62295 TRAINING & TRAVELSMOKE FLUID FOR TRAININGCITY OF EVANSTONCIRCLE K 160 QPS $ 58.01 05/01/2014 62295 TRAINING & TRAVELTRAVEL TO POLICE SPRINGFIELD MEMORIALCITY OF EVANSTONPIZZA HUT 9404 $ 11.44 05/01/2014 62295 TRAINING & TRAVELTRAVEL TO POLICE SPRINGFIELD MEMORIALCITY OF EVANSTONTHE HOME DEPOT 1902 $ 92.45 05/02/2014 65085 MINOR EQUIPMENT AND TOOLS BASIC TOOLS FOR CIVIC CENTER CUSTODIANSCITY OF EVANSTONSPECIALTY PREMIUM GROU $ 348.42 05/02/2014 65020 CLOTHINGSTAFF POLO'SCITY OF EVANSTONMCDONALD'S F11068 $ 5.59 05/02/2014 62295 TRAINING & TRAVELTRAVEL TO POLICE SPRINGFIELD MEMORIALCITY OF EVANSTONHOMEDEPOT.COM $ 509.95 05/05/201465050 BUILDING MAINTENANCE MATERIALCIVIC CENTER BREAK ROOM SINK AND FAUCETCITY OF EVANSTONTHE HOME DEPOT 1902 $ (6.49) 05/05/2014 65085 MINOR EQUIP & TOOLSCREDIT ON SUPPLIESCITY OF EVANSTONTHE HOME DEPOT 1902 $ 5.42 05/05/2014 65085 MINOR EQUIP & TOOLSDUCT TAPECITY OF EVANSTONPIZZA HUT 143807143894 $ 38.50 05/05/2014 62310 HR ONLY - CITY WIDE TRAINING ICMA MAKE-UP SESSION #2CITY OF EVANSTONTHE HOME DEPOT 1902 $ 27.15 05/05/2014 65085 MINOR EQUIP & TOOLSMISCELLANEOUS SUPPLIESCITY OF EVANSTONSARPINOS PIZZA OF EVAN $ 48.88 05/05/2014 62295 TRAINING & TRAVELPIZZA LUNCHEON FOR DEPARTING EMPLOYEE.CITY OF EVANSTONTHE HOME DEPOT 1902 $ 124.65 05/05/2014 65085 MINOR EQUIP & TOOLSTOOLS FOR 619CITY OF EVANSTONTHE HOME DEPOT 1902 $ 80.22 05/05/2014 65085 MINOR EQUIP & TOOLSTOOLS FOR 643July 14, 2014Page 3 of 2546 of 728 Bank of America Credit Card Statement for the Period ending May 31, 2014CITY OF EVANSTON IHOP 3123 $ 11.79 05/05/2014 62295 TRAINING & TRAVELTRAVEL TO POLICE SPRINGFIELD MEMORIALCITY OF EVANSTONSPRINGFIELD CROWNE PLA $ 94.89 05/05/2014 62295 TRAINING & TRAVELTRAVEL TO POLICE SPRINGFIELD MEMORIAL - D/C WAZNYCITY OF EVANSTONRAMADA SPRINGFIELD N $ 78.40 05/05/2014 62295 TRAINING & TRAVELTRAVEL TO POLICE SPRINGFIELD MEMORIAL - MOORE AND FAISONCITY OF EVANSTONCITY WELDING SALES AND $ 66.54 05/05/201465070 OFFICE/OTHER EQ TO MAINTN MATERIALWELDING WIRE.CITY OF EVANSTONREHRIG PACIFIC COMPANY $ 1,400.00 05/05/2014 65625 FURNITURES AND FIXTURES YARD WASTE LIDSCITY OF EVANSTONJEWEL #3456 $ 55.19 05/06/2014 62295 TRAINING & TRAVELSNOW APPRECIATION LUNCHCITY OF EVANSTONGFS MKTPLC #1915 $ 33.92 05/06/2014 62295 TRAINING & TRAVELSNOW APPRECIATION LUNCHCITY OF EVANSTONILSTATE FIRE MARSHAL B $ 102.35 05/08/201465050 BUILDING MAINTENANCE MATERIALBOILER INSPECTION FOR FIRE STATION 2 - ILLINOIS OFFICE OF THE STATE FIRE MARSHALL (COORDINATED BY MARTY MARQUEZ)CITY OF EVANSTON LEMOI ACE HARDWARE $ 49.99 05/08/2014 65110 REC PROGRAM SUPPLIES CART FOR LIGHTHOUSECITY OF EVANSTON CINTAS 60A SAP $ 69.31 05/08/2014 65075 MEDICAL & LAB SUPPLIES FIRST AID CABINET SUPPLIES.CITY OF EVANSTON CINTAS 60A SAP $ 69.70 05/08/2014 65075 MEDICAL & LAB SUPPLIES FIRST AID CABINET SUPPLIES.CITY OF EVANSTON BEST BUY 00003137 $ 49.99 05/08/2014 65110 REC PROGRAM SUPPLIES IPAD MINI CASECITY OF EVANSTON JEWEL #3487 $ 74.52 05/08/2014 65025 FOODPROGRAM SNACKS/ SMORES ITEMSCITY OF EVANSTONWW GRAINGER $ 578.46 05/09/201465070 OFFICE/OTHER EQ TO MAINTN MATERIALBEARINGS AND FUSES.CITY OF EVANSTONILLINOIS SECTION AWWA $ 35.00 05/09/2014 62295 TRAINING & TRAVELISAWWA 2014 VISITATION DAY SEMINAR FOR THE WATER PLANT OPERATOR.CITY OF EVANSTONLAW BULLETIN/INDEX PUB $ 384.00 05/09/2014 62512 RECRUITMENT SERVICES JOB POSTING FOR APPLICATIONS ANALYSTCITY OF EVANSTONTHE HOME DEPOT 1902 $ 268.98 05/12/2014 65085 MINOR EQUIP & TOOLSBUSINESS DISTRICT TOOLSCITY OF EVANSTONTHE HOME DEPOT 1902 $ 48.91 05/12/2014 65085 MINOR EQUIP & TOOLSSTAPLE GUNCITY OF EVANSTONJEWEL #3487 $ 2.54 05/14/2014 65005 LANDSCAPE MATERIALS ANIMAL FOODCITY OF EVANSTONPETSMART INC 427 $ 6.00 05/14/2014 65005 LANDSCAPE MATERIALS CRICKETSCITY OF EVANSTONTARGET 00009274 $ 475.93 05/14/201465050 BUILDING MAINTENANCE MATERIALFOR CIVIC CENTER - BENCHES FOR NORTHWEST CASA WAITING AREA AND MICROWAVE FRO ALDERMANIC LIBRARYCITY OF EVANSTON THE HOME DEPOT 1902 $ 34.82 05/14/2014 65085 MINOR EQUIP & TOOLS STAKES FOR PSOTING AND TOOLS FOR 643CITY OF EVANSTON THE HOME DEPOT 1902 $ 823.30 05/15/201465050 BUILDING MAINTENANCE MATERIALCIVIC CENTER - HOME DEPOT COUNTERTOP FOR ADDED LOW WALL AT EMPLOYEE BREAK ROOMCITY OF EVANSTON THE HOME DEPOT 1902 $ 19.98 05/15/2014 65625 FURNITURES AND FIXTURES COMPOST CART TIESCITY OF EVANSTON MARATHON PETRO101741 $ 47.42 05/15/2014 62295 TRAINING & TRAVEL FUEL FOR STAFF CAR.CITY OF EVANSTON THE HOME DEPOT 1902 $ 87.24 05/15/2014 65085 MINOR EQUIP & TOOLS RECYCLING TRUCK TOOLSCITY OF EVANSTON ABT ELECTRONICS $ 796.00 05/15/201465070 OFFICE/OTHER EQ TO MAINTN MATERIALWINDOW A/C UNITS FOR THE LABORATORY.CITY OF EVANSTONGETTYSBURG FLAG WORKS $ 182.00 05/16/2014 65125 OTHER COMMODITIESFUNERAL FLAG JAMES A. COXCITY OF EVANSTONIL GOVMT FIN OFF ASSOC $ 250.00 05/16/2014 62512 RECRUITMENT SERVICES JOB POSTING FOR MANAGEMENT ANALYSTCITY OF EVANSTONLEMOI ACE HARDWARE $ 6.99 05/16/2014 65085 MINOR EQUIP & TOOLSUMBRELLA FOR RENTAL GRINDERCITY OF EVANSTONCHICAGO UNIFORM $ 302.77 05/16/2014 65125 OTHER COMMODITIESWHITE GLOVES/BADGE SHROUDS - JAMES A. COX FUNERALCITY OF EVANSTONCHGO FIRE DEPT COMMISS $ 39.20 05/19/2014 65020 CLOTHINGCLASS A HAT BADGECITY OF EVANSTONFOOD4LESS #0558 $ 17.47 05/19/2014 65125 OTHER COMMODITIESCUPCAKES FOR LIZZY'S GOING AWAYCITY OF EVANSTONDRAPERY CENTER INC $ 1,285.00 05/19/201465050 BUILDING MAINTENANCE MATERIALDRAPERY CENTER, INC. - WINDOW BLINDS FOR 631 HOWARD (COORDINATED BY SARAH FLAX)CITY OF EVANSTON DISCOUNT SCHOOL SUPPLY $ 535.52 05/21/2014 65110 REC PROGRAM SUPPLIES CAMP SUPPLIESCITY OF EVANSTON TRINITY $ 17.37 05/21/2014 62295 TRAINING & TRAVELCONFERENCE - FOODJuly 14, 2014Page 4 of 2547 of 728 Bank of America Credit Card Statement for the Period ending May 31, 2014CITY OF EVANSTON FOOD4LESS #0558 $ 24.24 05/22/2014 62295 TRAINING & TRAVELCOFFEE FOR FDHQCITY OF EVANSTONPIZZA HUT 143807143894 $ 63.50 05/22/2014 62310 HR ONLY - CITY WIDE TRAINING PIZZA FOR LUNCH AND LEARNCITY OF EVANSTONTHE HOME DEPOT 1902 $ 41.82 05/22/2014 65085 MINOR EQUIP & TOOLSSTAKES FOR POSTINGCITY OF EVANSTONAMANO $ 113.27 05/22/2014 62245 OTHER EQ MAINTTIME CLOCK REPAIR.CITY OF EVANSTONSMITTY'S TOWING $ 125.00 05/23/2014 62295 TRAINING & TRAVELCAR FOR VEHICLE EXTRICATION TRAININGCITY OF EVANSTONWALGREENS #1200 $ 1.29 05/23/2014 62295 TRAINING & TRAVELCONFERENCE - FOODCITY OF EVANSTONTARGET 00009274 $ (169.99) 05/23/201465050 BUILDING MAINTENANCE MATERIALCREDIT FROM TARGET - RETURNED DEFECTIVE BENCH FOR NORTHWEST CASA WAITING AREA AT CIVIC CENTER)CITY OF EVANSTON FOOD4LESS #0558 $ 100.00 05/23/2014 65125 OTHER COMMODITIESSPLIT - GIFT CARDS FOR PUBLIC SERVICE RECOGNITION LUNCH (87.6%)CITY OF EVANSTONFOOD4LESS #0558 $ 14.16 05/23/2014 65095 OFFICE SUPPLIESSPLIT - PLATES & NAPKINS FOR HR (12.4%)CITY OF EVANSTONFOSTER SMITH MAIL ORDR $ 50.98 05/26/2014 65005 LANDSCAPE MATERIALS ANIMAL SUPPLIESCITY OF EVANSTONWALGREENS #1200 $ 4.08 05/26/2014 62295 TRAINING & TRAVELCONFERENCE - FOODCITY OF EVANSTONSUBWAY 00009035 $ 5.31 05/26/2014 62295 TRAINING & TRAVELCONFERENCE - FOODCITY OF EVANSTONGEORGE WEBB #10 $ 15.76 05/26/2014 62295 TRAINING & TRAVELCONFERENCE - FOODCITY OF EVANSTONFOOD4LESS #0558 $ 13.99 05/26/2014 65125 OTHER COMMODITIESCUPCAKES FOR PUBLIC SERVICE RECOGNITION LUNCHCITY OF EVANSTONPIZZA HUT 143807143894 $ 38.50 05/26/2014 62310 HR ONLY - CITY WIDE TRAINING PIZZA FOR ICMA #5CITY OF EVANSTONTHE HOME DEPOT 1902 $ 68.15 05/26/2014 65085 MINOR EQUIP & TOOLSSUPPLIES FOR 643CITY OF EVANSTONHYATT HOTELS MILWAUKEE $ 959.11 05/28/2014 62295 TRAINING & TRAVELHOTEL STAY - CONFERENCECITY OF EVANSTON1330 RIVERBOAT QPS $ 55.00 05/28/2014 65035 PETROLEUM PRODUCTS PETROLEUMCITY OF EVANSTONDENGEOS SKOKIE $ 27.59 05/28/2014 62295 TRAINING & TRAVELPROVIDED LUNCH FOR OUT OF TOWN INSTRUCTORS FROM MANSFIELD OIL.CITY OF EVANSTONORIGINAL LAND COMP $ 392.95 05/29/201465050 BUILDING MAINTENANCE MATERIALFLAG POLE SUPPLIES COUNCIL CHAMBERSCITY OF EVANSTONRYDIN DECAL- MOTO $ 370.00 05/29/201465050 BUILDING MAINTENANCE MATERIALFLAG POLE SUPPLIES COUNCIL CHAMBERSCITY OF EVANSTONLINKEDIN $ 395.00 05/29/2014 62512 RECRUITMENT SERVICES JOB POSTING FOR APPLICATIONS ANALYSTCITY OF EVANSTONTARGET.COM $ 169.99 05/29/201465050 BUILDING MAINTENANCE MATERIALTARGET ONLINE ORDER - BENCH TO REPLACE DEFECTIVE BENCH FOR NORTHWEST CASA WAITING AREA IN CIVIC CENTERCITY OF EVANSTON ABT ELECTRONICS $ 796.00 05/29/201465070 OFFICE/OTHER EQ TO MAINTN MATERIALWINDOW A/C UNITS FOR THE WATER PLANT OPERATOR ROOM.CITY OF EVANSTONPELCO INC $ 381.18 05/30/2014 62245 OTHER EQ MAINTCAMERA REPAIR.CITY OF EVANSTONMOTION INDUSTRIES IL33 $ 1,340.92 05/30/201465070 OFFICE/OTHER EQ TO MAINTN MATERIALCOOPER BEARINGS.CITY OF EVANSTONMUNTERS CORPORATION $ 358.01 05/30/201465070 OFFICE/OTHER EQ TO MAINTN MATERIALDRIVE BELT FOR THE DEHUMIDIFIER.COMM ECON DEV/ADMINALMA COCINA $ 23.44 05/01/2014 62295 TRAINING & TRAVELLUNCH 4/29/14 - APA CONFERENCE, ATLANTA, GA - MARK MUENZERCOMM ECON DEV/ADMINTGI FRIDAY'S #2472 $ 17.09 05/01/2014 62295 TRAINING & TRAVELLUNCH AT AIRPORT 4/30/14 - APA CONFERENCE, ATLANTA, GA - MARK MUENZERCOMM ECON DEV/ADMIN SQ YELLOW CAB $ 36.80 05/01/2014 62295 TRAINING & TRAVELTAXI TO AIRPORT FROM APA CONFERENCE HALL, ATLANTA, GA 4/30/14, MARK MUENZERCOMM ECON DEV/ADMIN CITY OF ATLANTA DEPT $ 4.95 05/01/2014 62295 TRAINING & TRAVEL TOLL PAID ON ATLANTA HIGHWAYCOMM ECON DEV/ADMIN OMNI ATLANTA CNN $ 925.37 05/02/2014 62295 TRAINING & TRAVELHOTEL STAY FOR APA CONFERENCE, ATLANTA, GA 4/26-4/30/14 - MARK MUENZERCOMM ECON DEV/ADMIN SUN TIMES ADV $ 30.40 05/13/2014 62205 ADVERTISING PUBLIC NOTICE ZBA ORDER#778652COMM ECON DEV/ADMIN IEDC ONLINE $ 45.00 05/14/2014 62295 TRAINING & TRAVELJOHANNA NYDEN IEDC MOBILE WORKSHOPCOMM ECON DEV/ADMINGOTOCITRIX.COM $ 79.20 05/19/2014 65010 BOOKS, PUBLICATIONS, MAPS GOTO MEETING MEMBERSHIPCOMM ECON DEV/ADMINTINT - TINTUP.COM $ 50.00 05/19/2014 62659 PARTNERSHIP CONTRIBUTION NEXT CHAPTER WEB APP.July 14, 2014Page 5 of 2548 of 728 Bank of America Credit Card Statement for the Period ending May 31, 2014COMM ECON DEV/ADMIN SUN TIMES ADV $ 33.60 05/19/2014 62205 ADVERTISING PUBLIC NOTICE - PLAN COMMISSION ORDER #781408COMM ECON DEV/ADMIN SUN TIMES ADV $ 33.60 05/19/2014 62205 ADVERTISING PUBLIC NOTICE - PLAN COMMISSION ORDER #781417COMM ECON DEV/ADMIN SUN TIMES ADV $ 35.20 05/19/2014 62205 ADVERTISING PUBLIC NOTICE - PLAN COMOMISSION ORDER #781411COMM ECON DEV/ADMIN SUN TIMES ADV $ 38.40 05/19/2014 62205 ADVERTISING PUBLIC NOTICE -PLAN COMMISSION ORDER #781402COMM ECON DEV/ADMIN URBAN LAND INSTITUTE $ 215.00 05/20/2014 62295 TRAINING & TRAVEL ULI CHICAGO VISION AWARDS REGISTRATIONCOMM ECON DEV/ADMIN CITY OF EVANSTON-METER $ 1.00 05/21/2014 62295 TRAINING & TRAVELPARKING METER FOR MEETING WITH SPACE/UNION REGARDING ISSUES AND CONCERNS ON LOCATION - 1245 CHICAGO AVE.COMM ECON DEV/ADMIN BENNISONS BAKERY INC $ 55.80 05/22/2014 65025 FOOD CAKE FOR WALTER HALLEN'S RETIREMENT PARTY 5/27/14COMM ECON DEV/ADMIN CITY OF EVANSTON-METER $ 1.50 05/23/2014 62295 TRAINING & TRAVEL PARKING METER ON HOWARD STREET FOR MEETING WITH PECKISH PIG.COMM ECON DEV/ADMIN FOUR FINCHES $ 50.14 05/26/2014 62605 OTHER CHARGESFLOWERS ORDERED OVER PHONE FOR NU'S SITE FESTIVAL AS THANK YOU FOR PARTICIPATING IN EVANSTON.COMM ECON DEV/ADMIN JEWEL #3456 $ 95.00 05/28/2014 65025 FOODDELI TRAYS FOR WALTER HALLEN'S RETIREMENT PARTY 5/27/14COMM ECON DEV/ADMINJEWEL #3456 $ 155.38 05/28/2014 65025 FOODTHIS AMOUNT WAS CREDITED - 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OF FIRE CHIEFS MEMBERSHIPHEALTHSCS LTD $ 368.95 05/05/201462471 COOK CO-VECTOR SURVEILLANCE GRANTDEET WIPES FOR RESIDENTS TO PROTECT AGAINST WNVHEALTHDOUBLETREE BY HILTON D $ 78.40 05/09/2014 62477 PHEP GRANT EXPENSE (HHS) HOTEL STAY FOR ELIZABETH LASSITERJuly 14, 2014Page 6 of 2549 of 728 Bank of America Credit Card Statement for the Period ending May 31, 2014HEALTHCOMPLIANCESIGNS.COM $ 120.88 05/09/201462468 IL TOBACCO FREE COMMUNITIES GRANTSMOKING PROHIBITED SIGNSHEALTHCOMPLIANCESIGNS.COM $ (7.38) 05/19/201462468 IL TOBACCO FREE COMMUNITIES GRANTTAX REFUND FOR SMOKING PROHIBITED SIGNSHEALTHUSPS 16262202033308925 $ 16.95 05/21/2014 62474 HEALTH PROTECTION GRANTPOSTAL CHARGE FOR PRIORITY MAILING EXPRESS 1- DAY OF GRANT APPLICATIONHEALTHFREDPRYOR CAREERTRACK $ 79.00 05/21/2014 62295 TRAINING & TRAVELREGISTRATION FOR ATTENDANCE FOR INDIRA PERKINS TO ATTEND 1 DAY SEMINARHEALTHJOHN W HOCK CO $ 73.88 05/22/201462471 COOK CO-VECTOR SURVEILLANCE GRANTEXTRA BATTERY FOR WNV GRAVID TRAPSHEALTHAMAZON.COM $ 244.73 05/23/2014 65010 BOOKS, PUBLICATIONS, MAPS 2014 CODING BOOKSHEALTHKOI CHINESE & SUSHI $ 54.49 05/23/2014 65025 FOODLUNCH MEETING WITH ERIE FAMILY HEALTH CENTER-EVANSTON DIRECTOR AND EVONDA THOMAS-SMITHHEALTHILLINOIS PUBLIC HEALTH $ 100.00 05/29/2014 62477 PHEP GRANT EXPENSE (HHS)REGISTRATION FOR ELIZABETH LASSITER (EMERGENCY RESPONSE COORDINATOR)TO ATTEND THE INTEGRATED PUBLIC HEALTH AND MEDICAL HEALTHCOSMOPOLITAN RSRT ADV $ 311.36 05/30/2014 62474 HEALTH PROTECTION GRANTREMAINDER OF CHARGES FOR HOTEL STAY FOR NEHA 2014 ANNUAL EDUCATIONAL CONFERENCE IN LAS VEGAS, NV (C. 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POLICE K9 NAPWDAPOLICE DEPT/ADMINFORCE SCIENCE INSTITUT $ 750.00 05/06/2014 62295 TRAINING & TRAVEL2ND PAYMENT FOR NET/TAC TRAINING CMDR.POLICE DEPT/ADMINAMAZON.COM $ 265.98 05/07/2014 65555 PERSONAL COMPUTER EQ 4-IN-1 PRINTERPOLICE DEPT/ADMINFAST STOP TRAV00173013 $ 36.89 05/07/2014 62295 TRAINING & TRAVELTRAVEL TO RECERTIFY POLICE K9 NAPWDAPOLICE DEPT/ADMINIACP $ 350.00 05/09/2014 62295 TRAINING & TRAVELANNUAL CONFERENCEPOLICE DEPT/ADMINSUMMIT PROFESSIONAL ED $ 199.00 05/09/2014 62295 TRAINING & TRAVELDSM-5 TRAININGPOLICE DEPT/ADMINNITV FEDERAL SERVICES $ 350.00 05/09/2014 62295 TRAINING & TRAVELRE-CERTIFICATION TRAINING FOR CVSAPOLICE DEPT/ADMINUNITED 01624070647021 $ 327.00 05/09/2014 62295 TRAINING & TRAVELTRAVEL TO IACP ANNUAL CONFERENCEJuly 14, 2014Page 7 of 2550 of 728 Bank of America Credit Card Statement for the Period ending May 31, 2014POLICE DEPT/ADMIN SHELL OIL 57443310909 $ 45.70 05/09/2014 62295 TRAINING & TRAVEL TRAVEL TO RECERTIFY POLICE K9 NAPWDAPOLICE DEPT/ADMIN SHOR LINE $ 585.18 05/12/2014 65125 OTHER COMMODITIES 33 LITTER PANSPOLICE DEPT/ADMIN CHEWY.COM $ 91.41 05/12/2014 65125 OTHER COMMODITIES PET COLLARSPOLICE DEPT/ADMIN HOLIDAY INN AT SIX FLA $ 525.55 05/12/2014 62295 TRAINING & TRAVEL TRAVEL FOR K-9 TRAININGPOLICE DEPT/ADMIN ROAD RANGER #116 $ 35.01 05/12/2014 62295 TRAINING & TRAVELTRAVEL TO RECERTIFY POLICE K9 NAPWDAPOLICE DEPT/ADMINMOTOMART 3359 $ 24.07 05/12/2014 62295 TRAINING & TRAVELTRAVEL TO RECERTIFY POLICE K9 NAPWDAPOLICE DEPT/ADMINREVIVAL ANIMAL HEALTH $ 927.83 05/13/2014 65125 OTHER COMMODITIESANIMAL SUPPLIESPOLICE DEPT/ADMINCSR COMPANY INC $ 127.00 05/13/2014 65125 OTHER COMMODITIESNO SLIP COLLARSPOLICE DEPT/ADMINTOMMY NEVINS EVANSTON $ 63.33 05/15/2014 62295 TRAINING & TRAVELLUNCH FOR IUCR TRAINERPOLICE DEPT/ADMINICPC $ 125.00 05/16/2014 62360 MEMBERSHIP DUESMEMBERSHIP DUES FOR CHAPLAINPOLICE DEPT/ADMINTARGET 00009274 $ 9.80 05/16/2014 65125 OTHER COMMODITIESMISCELLANEOUS SUPPLIESPOLICE DEPT/ADMINPAPER DIRECT $ 46.97 05/16/2014 65095 OFFICE SUPPLIESSTATIONERY FOR AWARDS CEREMONYPOLICE DEPT/ADMINAMAZON.COM $ 19.17 05/16/2014 65125 OTHER COMMODITIESUSB CHARGERSPOLICE DEPT/ADMINPLI JOTFORM $ 9.95 05/20/2014 65095 OFFICE SUPPLIESELECTRONIC FORM FOR INTELLIGENCEPOLICE DEPT/ADMININTERNATIONAL TRANSACTION FEE $ 0.09 05/20/2014 65090 SAFETY EQUIPMENTTRANSACTION FEE FOR PLI JOTFORMPOLICE DEPT/ADMINOFFICE MAX $ 23.16 05/21/2014 65095 OFFICE SUPPLIESGOLD SEALS FOR AWARDSPOLICE DEPT/ADMINPAPER DIRECT $ 53.66 05/21/2014 65095 OFFICE SUPPLIESSTATIONERY FOR AWARDS CEREMONYPOLICE DEPT/ADMINSAMSCLUB #6444 $ 79.62 05/22/2014 65125 OTHER COMMODITIESMISCELLANEOUS SUPPLIESPOLICE DEPT/ADMINQUARTET DIGITAL PRINTI $ 84.40 05/22/2014 65095 OFFICE SUPPLIESPRINTING FOR CIVILIAN POLICE ACADEMY COMMENCEMENTPOLICE DEPT/ADMINSAMSCLUB #6444 $ 37.99 05/23/2014 65025 FOODCAKE FOR CPA COMMENCEMENTPOLICE DEPT/ADMINGEOFEEDR $ 333.33 05/26/2014 65125 OTHER COMMODITIESSOCIAL MEDIA ENGAGEMENT PLATFORM MONTHLY CHARGEPOLICE DEPT/ADMINPAPER 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REID AND ASSOC $ 1,000.00 05/30/2014 62295 TRAINING & TRAVELINTERVIEW AND INTERROGATION TRAININGPRCS/CHAND NEWB CNTRJEWEL #3465 $ 18.37 05/01/2014 65025 FOODFOOD SUPPLIES FOR COOKING CUTIES PRESCHOOL CLASSPRCS/CHAND NEWB CNTRWALGREENS #2619 $ 3.99 05/06/2014 65110 REC PROGRAM SUPPLIES BALLOONS FOR PRESCHOOL PROGRAMPRCS/CHAND NEWB CNTRNATIONAL RECREATION & $ 65.00 05/07/2014 62360 MEMBERSHIP DUESCPRP CERTIFICATION RENEWAL--SUBMITTED CEU'S EARNED AT ACA MIDSTATES CONFERENCEPRCS/CHAND NEWB CNTR WHOLEFDS EVS 10369 $ 15.30 05/09/2014 65025 FOODCOOKING SUPPLIES FOR RECREATIONAL PROGRAMSPRCS/CHAND NEWB CNTRCOBRA SPORTS $ 434.00 05/09/2014 65110 REC PROGRAM SUPPLIES VOLLEYBALL NET FOR VOLLEYBALL IN THE PARKS PROGRAMPRCS/CHAND NEWB CNTRTARGET 00009274 $ 83.64 05/14/2014 65110 REC PROGRAM SUPPLIES PRESCHOOL AND PRESCHOOL CAMP SUPPLIESPRCS/CHAND NEWB CNTRFLAGHOUSE INC $ 194.85 05/15/2014 65110 REC PROGRAM SUPPLIES DODGEBALLS FOR SUMMER CAMPPRCS/CHAND NEWB CNTRFLAGHOUSE INC $ 19.90 05/15/2014 65110 REC PROGRAM SUPPLIES THROW DOWN BASES FOR SUMMER CAMPPRCS/CHAND NEWB CNTRTHE HOME DEPOT 1902 $ 47.76 05/22/2014 65110 REC PROGRAM SUPPLIES BINS TO HOLD SPORTING GOODS EQUIPMENT FOR SUMMER CAMPJuly 14, 2014Page 8 of 2551 of 728 Bank of America Credit Card Statement for the Period ending May 31, 2014PRCS/CHAND NEWB CNTR TARGET 00009274 $ 58.74 05/22/2014 65110 REC PROGRAM SUPPLIES SAND TOYS BUBBLES, WATER TOYS, CANDY FOR CAMP BEACH DAYSPRCS/CHAND NEWB CNTR HAROLD'S TRUE VALUE HD $ 40.92 05/22/2014 65040 JANITORIAL SUPPLIESSTAIN AND BRUSHES TO STAIN OUTSIDE PICNIC BENCHESPRCS/CHAND NEWB CNTRMICHAELS STORES 2037 $ 10.16 05/23/2014 65110 REC PROGRAM SUPPLIES DECORATIVE TAPE AND FLOWERS FOR FRONT OFFICEPRCS/CHAND NEWB CNTRLEGOLAND DISCOVERY CEN $ 94.50 05/23/2014 62507 FIELD TRIPSDEPOSIT FOR LEGO LAND FIELD TRIP FOR LEGO CAMPPRCS/CHAND NEWB CNTRLEGOLAND DISCOVERY CEN $ 72.00 05/23/2014 62507 FIELD TRIPSDEPOSIT FOR LEGO LAND FIELD TRIP FOR LEGO CAMPPRCS/CHAND NEWB CNTRLEGOLAND DISCOVERY CEN $ 63.00 05/23/2014 62507 FIELD TRIPSDEPOSIT FOR LEGO LAND FIELD TRIP FOR LEGO CAMPPRCS/CHAND NEWB CNTRLEGOLAND DISCOVERY CEN $ 95.00 05/23/2014 62507 FIELD TRIPSDEPOSIT FOR LEGO LAND FIELD TRIP FOR LEGO CAMPPRCS/CHAND NEWB CNTRLEGOLAND DISCOVERY CEN $ 64.00 05/23/2014 62507 FIELD TRIPSDEPOSIT FOR LEGO LAND FIELD TRIP FOR LEGO CAMPPRCS/CHAND NEWB CNTRLEGOLAND DISCOVERY CEN $ 81.00 05/23/2014 62507 FIELD TRIPSDEPOSIT FOR LEGO LAND FIELD TRIP FOR LEGO CAMPPRCS/CHAND NEWB CNTRGIORDANO`S OF EVANSTON $ 58.50 05/23/2014 65025 FOODNOYES STAFF MEETING DURING LUNCH HOUR.PRCS/CHAND NEWB CNTRWHOLEFDS EVN 10076 $ 32.43 05/23/2014 65025 FOODWAFFLES , STRAWBERRIES, SYRUP FOR PRESCHOOL COOKING PROGRAMPRCS/CHAND NEWB CNTRFLAGHOUSE INC $ 75.36 05/26/2014 65110 REC PROGRAM SUPPLIES NOODLES FOR SUMMER CAMPPRCS/CHAND NEWB CNTRHAROLD'S TRUE VALUE HD $ 53.98 05/26/201465050 BUILDING MAINTENANCE MATERIALPAINT FOR ROOM A.PRCS/CHAND NEWB CNTRWALGREENS #2619 $ 19.81 05/26/2014 65110 REC PROGRAM SUPPLIES PLAY DOH, BUBBLES, AND BEACH TOYS FOR SUMMER CAMPPRCS/CHAND NEWB CNTRKAZOOM $ 43.92 05/29/2014 65110 REC PROGRAM SUPPLIES PUZZLES FOR PRESCHOOL CAMPSPRCS/CHAND NEWB CNTRWAL-MART #1735 $ 347.39 05/30/2014 65110 REC PROGRAM SUPPLIESBUBBLES, MARKERS, CRAYONS, DUCT TAPE, CARDS, CLEANING SUPPLIES, SAND TOYS, AND OTHER MISCELLANEOUS SUPPLIES FOR CHANDLER SUMMER PRCS/COMMUNITY SERVICES JEWEL #3487 $ 34.93 05/01/2014 65025 FOOD REFRESHMENTS FOR COA MEETINGPRCS/COMMUNITY SERVICES VILLAGE OF ROSEMONT $ 13.00 05/02/2014 62295 TRAINING & TRAVELPARKING FEE FOR LIFE SERVICES NETWORK CONFERENCEPRCS/ECOLOGY CNTRJEWEL #3456 $ 8.23 05/02/2014 62490 OTHER PROGRAM COSTS ANIMAL CAREPRCS/ECOLOGY CNTRPETSMART INC 427 $ 133.73 05/02/2014 62490 OTHER PROGRAM COSTS ANIMAL CARE SUPPLIESPRCS/ECOLOGY CNTRFISHTECH $ 47.91 05/05/2014 62490 OTHER PROGRAM COSTS ACCESS TO FISHING WORMS AND GEARPRCS/ECOLOGY CNTRMENARDS MORTON GROVE $ 69.98 05/06/2014 62490 OTHER PROGRAM COSTS COMMUNITY GARDENS WHEELBARROW WHEELSPRCS/ECOLOGY CNTRMENARDS MORTON GROVE $ 162.68 05/19/2014 65110 REC PROGRAM SUPPLIES CONTAINER GARDENING CLASS AND COMMUNITY GARDENSPRCS/ECOLOGY CNTRLLLREPTILE AND SUPPLY $ 96.36 05/20/2014 62490 OTHER PROGRAM COSTS ANIMAL CARE SUPPLIESPRCS/ECOLOGY CNTRTHE HOME DEPOT 1902 $ 13.76 05/20/2014 65110 REC PROGRAM SUPPLIES CONTAINER GARDENING CLASS SOILPRCS/ECOLOGY CNTRJEWEL #3487 $ 8.43 05/21/2014 62490 OTHER PROGRAM COSTS ANIMAL CARE FRESH FOODPRCS/ECOLOGY CNTRPETSMART INC 427 $ 37.41 05/21/2014 62490 OTHER PROGRAM COSTS ANIMAL CARE LIVE AND DRY FOODPRCS/ECOLOGY CNTRFISHTECH $ 17.70 05/26/2014 65110 REC PROGRAM SUPPLIES ACCESS TO FISHING-WORMSPRCS/ECOLOGY CNTRTHE HOME DEPOT 1902 $ 36.63 05/26/2014 65005 LANDSCAPE MATERIALS PLANTS FOR GARDENPRCS/ECOLOGY CNTRTHE HOME DEPOT 1902 $ 160.48 05/26/2014 65110 REC PROGRAM SUPPLIES STORAGE BINS, PVC PIPE, KEYS, TAPEPRCS/ECOLOGY CNTRFISHTECH $ 17.70 05/30/2014 65110 REC PROGRAM SUPPLIES ACCESS TO FISHING-WORMS AND GEARPRCS/FACEVANSTON GLASS & MIRRO $ 423.00 05/01/201465050 BUILDING MAINTENANCE MATERIAL3 MIRRORS FOR EMPLOYEE LUNCH ROOM IN LMCCPRCS/FACTHE HOME DEPOT 1902 $ 17.85 05/01/201465050 BUILDING MAINTENANCE MATERIALBUILDING REPAIRPRCS/FACABLE DISTRIBUTORS $ 79.10 05/01/201465050 BUILDING MAINTENANCE MATERIALBUILDING REPAIRS NORTH LIBRARYPRCS/FACEVANSTON GLASS & MIRRO $ 552.00 05/01/201465050 BUILDING MAINTENANCE MATERIALCC FITNESS ROOMPRCS/FACPURE ELECTRIC $ 37.26 05/01/201465050 BUILDING MAINTENANCE MATERIALCC HEALTHY LIVING SPACE SWITCHESJuly 14, 2014Page 9 of 2552 of 728 Bank of America Credit Card Statement for the Period ending May 31, 2014PRCS/FACWW GRAINGER $ 256.85 05/01/201465050 BUILDING MAINTENANCE MATERIALEXHAUST FOR FLEET SERVICEPRCS/FACTHE HOME DEPOT 1902 $ 5.59 05/01/201465050 BUILDING MAINTENANCE MATERIALFLEETWOOD BALL FIELDSPRCS/FACJOHNSON LOCKSMITH INC $ 12.25 05/01/201465050 BUILDING MAINTENANCE MATERIALFLEETWOOD CABINET LOCKSPRCS/FACANDERSON LOCK CO $ 355.33 05/01/201465050 BUILDING MAINTENANCE MATERIALFLEETWOOD MAIN OFFICEPRCS/FACABLE DISTRIBUTORS $ 27.78 05/01/201465050 BUILDING MAINTENANCE MATERIALLIBRARY AND TRUCK STOCKPRCS/FACSTANDARD PIPE $ 25.25 05/01/201465050 BUILDING MAINTENANCE MATERIALPARKI OPENINGPRCS/FACTARGET 00009274 $ 29.99 05/02/201465050 BUILDING MAINTENANCE MATERIALBOAT RAMPPRCS/FACACTIVE ELECTRIC SUPPLY $ 848.00 05/02/201465050 BUILDING MAINTENANCE MATERIALBUILDING REPAIRPRCS/FACWW GRAINGER $ 119.80 05/02/201465050 BUILDING MAINTENANCE MATERIALBUILDING REPAIRSPRCS/FACWW GRAINGER $ 131.76 05/02/201465050 BUILDING MAINTENANCE MATERIALBUILDING REPAIRSPRCS/FACJOHNSON LOCKSMITH INC $ 15.00 05/02/201465050 BUILDING MAINTENANCE MATERIALCC G404 FILE CABINETPRCS/FACLEMOI ACE HARDWARE $ 11.00 05/02/201465050 BUILDING MAINTENANCE MATERIALCC HLS HARDWAREPRCS/FACPURE ELECTRIC $ 233.55 05/02/201465050 BUILDING MAINTENANCE MATERIALCC HLS WIRE/HARDWAREPRCS/FACTHE HOME DEPOT 1902 $ 219.19 05/02/201465050 BUILDING MAINTENANCE MATERIALMATERIALS FOR LUNCH ROOMPRCS/FACSTANDARD PIPE $ 132.16 05/02/201465050 BUILDING MAINTENANCE MATERIALPARK OPENING LIGHT HOUSEPRCS/FACELMERS WATER SPORTS $ 592.95 05/05/201465050 BUILDING MAINTENANCE MATERIALBOAT RAMPPRCS/FACTHE HOME DEPOT 1902 $ 25.11 05/05/201465050 BUILDING MAINTENANCE MATERIALBUILDING REPAIRSPRCS/FACTHE HOME DEPOT 1902 $ 18.81 05/05/201465050 BUILDING MAINTENANCE MATERIALBUILDING REPAIRSPRCS/FACJOHNSON LOCKSMITH INC $ 9.80 05/05/201465050 BUILDING MAINTENANCE MATERIALCC G404 COPIERSPRCS/FACPURE ELECTRIC $ 90.18 05/05/201465050 BUILDING MAINTENANCE MATERIALCC HLS GFCI, COVERS, CONNECTORSPRCS/FACPURE ELECTRIC $ 55.72 05/05/201465050 BUILDING MAINTENANCE MATERIALCC HLS WIRE MARKING TAPEPRCS/FACPURE ELECTRIC $ 453.45 05/05/201465050 BUILDING MAINTENANCE MATERIALCC HLS WIRE/HARDWAREPRCS/FACWW GRAINGER $ 268.50 05/05/201465050 BUILDING MAINTENANCE MATERIALCC LIGHTSPRCS/FACSTANDARD PIPE $ 26.64 05/05/201465050 BUILDING MAINTENANCE MATERIALFIRE 5PRCS/FACSTANDARD PIPE $ 59.09 05/05/201465050 BUILDING MAINTENANCE MATERIALSHOP - RODDING SUPPLYPRCS/FACLEMOI ACE HARDWARE $ 72.25 05/05/201465050 BUILDING MAINTENANCE MATERIALSUPPLY FOR FOUNTAIN SQ CLEANINGPRCS/FACANDERSON LOCK CO $ 447.20 05/06/201465050 BUILDING MAINTENANCE MATERIALCC LOUNGEPRCS/FACEPCO PAINT STORE 1252 $ 168.34 05/06/201465050 BUILDING MAINTENANCE MATERIALPAIUNT & FOUNTAIN SQPRCS/FACELMERS WATER SPORTS $ 55.00 05/07/201465050 BUILDING MAINTENANCE MATERIALBOAT RAMPPRCS/FACTHE HOME DEPOT 1902 $ 31.22 05/07/201465050 BUILDING MAINTENANCE MATERIALBUILDING REPAIRSPRCS/FACJOHNSON LOCKSMITH INC $ 37.80 05/07/201465050 BUILDING MAINTENANCE MATERIALCC AND SHOP CABINETSPRCS/FACEPCO PAINT STORE 1252 $ (15.11) 05/07/201465050 BUILDING MAINTENANCE MATERIALCREDITPRCS/FACLEMOI ACE HARDWARE $ 35.46 05/07/201465050 BUILDING MAINTENANCE MATERIALPD SALLY PORT DOORPRCS/FACLEMOI ACE HARDWARE $ 18.25 05/07/201465050 BUILDING MAINTENANCE MATERIALSUPPLY - PAINT FOUNTAIN SQPRCS/FACWW GRAINGER $ 181.16 05/08/201465050 BUILDING MAINTENANCE MATERIALBUILDING REPAIRSPRCS/FACEPCO PAINT STORE 1252 $ 284.94 05/08/201465050 BUILDING MAINTENANCE MATERIALFOUNTAIN SQ PAINTJuly 14, 2014Page 10 of 2553 of 728 Bank of America Credit Card Statement for the Period ending May 31, 2014PRCS/FACTHE HOME DEPOT 1902 $ 30.12 05/08/201465050 BUILDING MAINTENANCE MATERIALPAINT SUPPLIESPRCS/FACSTANDARD PIPE $ 52.33 05/08/201465050 BUILDING MAINTENANCE MATERIALPARK OPENINGPRCS/FACSTANDARD PIPE $ 216.65 05/08/201465050 BUILDING MAINTENANCE MATERIALPUMP FOR FOUNTAIN SQPRCS/FACABLE DISTRIBUTORS $ 202.54 05/08/201465050 BUILDING MAINTENANCE MATERIALSERVICE CENTER REPAIRS - HANK DANIEL'S OFFICEPRCS/FACSTANDARD PIPE $ 39.96 05/09/201465050 BUILDING MAINTENANCE MATERIALBUILDING REPAIRSPRCS/FACEPCO PAINT STORE 1252 $ (142.47) 05/09/201465050 BUILDING MAINTENANCE MATERIALCREDITPRCS/FACTHE HOME DEPOT 1902 $ 2.34 05/12/201465050 BUILDING MAINTENANCE MATERIALBUILDING REPAIRSPRCS/FACTHE HOME DEPOT 1902 $ 57.81 05/12/201465050 BUILDING MAINTENANCE MATERIALBUILDING REPAIRSPRCS/FACTHE HOME DEPOT 1902 $ 121.70 05/12/201465050 BUILDING MAINTENANCE MATERIALBUILDING REPAIRSPRCS/FACPURE ELECTRIC $ 42.06 05/12/201465050 BUILDING MAINTENANCE MATERIALCC HLS FITTINGSPRCS/FACPURE ELECTRIC $ 39.55 05/12/201465050 BUILDING MAINTENANCE MATERIALCC HLS FITTINGSPRCS/FACPURE ELECTRIC $ 32.08 05/12/201465050 BUILDING MAINTENANCE MATERIALCC HLS RANGE CORD AND RECEPTPRCS/FACWW GRAINGER $ 131.52 05/12/201465050 BUILDING MAINTENANCE MATERIALCC PARKING LOT LIGHTSPRCS/FACTHE HOME DEPOT 1902 $ 24.10 05/12/201465050 BUILDING MAINTENANCE MATERIALFOUNTAIN SQPRCS/FACTHE HOME DEPOT 1902 $ 79.15 05/12/201465050 BUILDING MAINTENANCE MATERIALMAPLES GARAGEPRCS/FACTHE HOME DEPOT 1902 $ 42.81 05/12/201465050 BUILDING MAINTENANCE MATERIALNOYES OUTSIDE LIGHTSPRCS/FACTHE HOME DEPOT 1902 $ 81.34 05/12/201465050 BUILDING MAINTENANCE MATERIALPAINT SUPPLIESPRCS/FACANDERSON LOCK CO $ 754.82 05/12/2014 65085 MINOR EQUIP & TOOLSSHOP STOCK REPAIR PARTSPRCS/FACABLE DISTRIBUTORS $ 247.80 05/13/201465050 BUILDING MAINTENANCE MATERIALCONDENSER FAN MOTOR FOR ANIMAL SHELTERPRCS/FACTEC #126 $ 192.65 05/14/201465050 BUILDING MAINTENANCE MATERIALAIR CON CONTROLS FOR NOYES ACTORS GYMPRCS/FACBEST BUY 00003137 $ 109.99 05/14/201465050 BUILDING MAINTENANCE MATERIALCC FITNESS ROOMPRCS/FACABLE DISTRIBUTORS $ 232.24 05/14/201465050 BUILDING MAINTENANCE MATERIALCOIL CLEANER AND SPRAYERPRCS/FACSTANDARD PIPE $ 55.95 05/14/201465050 BUILDING MAINTENANCE MATERIALLIBRARYPRCS/FACTHE HOME DEPOT 1902 $ 2.97 05/15/201465050 BUILDING MAINTENANCE MATERIALBUILDING REPAIRSPRCS/FACWW GRAINGER $ 625.82 05/15/201465050 BUILDING MAINTENANCE MATERIALCC HLS MAIN BREAKER KITPRCS/FACTHE HOME DEPOT 1902 $ 165.11 05/15/201465050 BUILDING MAINTENANCE MATERIALCC LUNCH ROOMPRCS/FACTHE HOME DEPOT 1902 $ 24.49 05/15/201465050 BUILDING MAINTENANCE MATERIALFOUNTAIN SQPRCS/FACABLE DISTRIBUTORS $ 19.16 05/15/201465050 BUILDING MAINTENANCE MATERIALNITROGEN PARKING SYSTEMSPRCS/FACLEMOI ACE HARDWARE $ 18.20 05/15/201465050 BUILDING MAINTENANCE MATERIALTIMER FOR CIVIC CENTERPRCS/FACTHE HOME DEPOT 1902 $ 28.71 05/16/201465050 BUILDING MAINTENANCE MATERIALBUILDING REPAIRSPRCS/FACHALOGEN SUPPLY COMPANY $ 63.78 05/16/201465050 BUILDING MAINTENANCE MATERIALBUILDING REPAIRSPRCS/FACLEMOI ACE HARDWARE $ 2.87 05/16/201465050 BUILDING MAINTENANCE MATERIALFOUNTAIN SQPRCS/FACWW GRAINGER $ 20.30 05/16/201465050 BUILDING MAINTENANCE MATERIALFUSES MAIN LIBRARYPRCS/FACTHE HOME DEPOT 1902 $ 23.94 05/16/201465050 BUILDING MAINTENANCE MATERIALLEVY GYM DOORPRCS/FACLEMOI ACE HARDWARE $ 10.04 05/19/201465050 BUILDING MAINTENANCE MATERIALBUILDING REPAIRSPRCS/FACLEMOI ACE HARDWARE $ 15.57 05/19/201465050 BUILDING MAINTENANCE MATERIALBUILDING REPAIRSJuly 14, 2014Page 11 of 2554 of 728 Bank of America Credit Card Statement for the Period ending May 31, 2014PRCS/FACTHE HOME DEPOT 1902 $ 164.69 05/19/201465050 BUILDING MAINTENANCE MATERIALBUILDING REPAIRSPRCS/FACTHE HOME DEPOT 1902 $ 39.94 05/19/201465050 BUILDING MAINTENANCE MATERIALCC LUNCH ROOMPRCS/FACWW GRAINGER $ 159.60 05/19/201465050 BUILDING MAINTENANCE MATERIALCC PARKING LOT LIGHTSPRCS/FACTHE HOME DEPOT 1902 $ 13.25 05/19/201465050 BUILDING MAINTENANCE MATERIALDRYWALL MUD CITY HALLPRCS/FACSTANDARD PIPE $ 171.08 05/19/201465050 BUILDING MAINTENANCE MATERIALECOLOGY CENTERPRCS/FACAMAZON.COM $ 532.99 05/19/201465050 BUILDING MAINTENANCE MATERIALFOUNTAIN SQUAREPRCS/FACINTERSTATE ALL BATTERY $ 307.80 05/19/201465050 BUILDING MAINTENANCE MATERIALLIGHTING DETECTION SYSTEMPRCS/FACABLE DISTRIBUTORS $ 84.27 05/19/201465050 BUILDING MAINTENANCE MATERIALREPLACEMENT GAUGE HOSESPRCS/FACSTANDARD PIPE $ 107.43 05/20/201465050 BUILDING MAINTENANCE MATERIALBENT PARK OPENINGPRCS/FACLEMOI ACE HARDWARE $ 57.52 05/20/201465050 BUILDING MAINTENANCE MATERIALCIVIC CENTERPRCS/FACANDERSON LOCK CO $ 545.56 05/20/201465050 BUILDING MAINTENANCE MATERIALNOYES STORAGE ROOMPRCS/FACSTANDARD PIPE $ 230.30 05/20/201465050 BUILDING MAINTENANCE MATERIALPARK OPENINGPRCS/FACTHE HOME DEPOT 1902 $ 61.24 05/21/201465050 BUILDING MAINTENANCE MATERIALBUILDING REPAIRSPRCS/FACSTANDARD PIPE $ 83.82 05/21/201465050 BUILDING MAINTENANCE MATERIALCROWN PARKPRCS/FACSTANDARD PIPE $ 173.61 05/21/201465050 BUILDING MAINTENANCE MATERIALTWIGGS PARKSPRCS/FACWW GRAINGER $ 24.94 05/22/201465050 BUILDING MAINTENANCE MATERIALBELTS FOR CHANDLERPRCS/FACSTANDARD PIPE $ 207.45 05/22/201465050 BUILDING MAINTENANCE MATERIALBUILDING "D"PRCS/FACTHE HOME DEPOT 1902 $ 19.65 05/22/201465050 BUILDING MAINTENANCE MATERIALBUILDING REPAIRSPRCS/FACTHE HOME DEPOT 1902 $ 476.35 05/22/201465050 BUILDING MAINTENANCE MATERIALCC LUNCH ROOMPRCS/FACTHE HOME DEPOT 1902 $ 138.64 05/22/201465050 BUILDING MAINTENANCE MATERIALCC LUNCH ROOMPRCS/FACTHE HOME DEPOT 1902 $ (99.00) 05/22/201465050 BUILDING MAINTENANCE MATERIALCREDITPRCS/FACWW GRAINGER $ 151.20 05/22/201465050 BUILDING MAINTENANCE MATERIALECOLOGY LED LAMPSPRCS/FACLEMOI ACE HARDWARE $ 34.50 05/22/201465050 BUILDING MAINTENANCE MATERIALFOUNTAIN CLEANERPRCS/FACLEMOI ACE HARDWARE $ 58.32 05/22/201465050 BUILDING MAINTENANCE MATERIALFOUNTAIN SQUAREPRCS/FACWW GRAINGER $ 123.48 05/22/201465050 BUILDING MAINTENANCE MATERIALFUSES FOR MAIN LIBRARYPRCS/FACSTANDARD PIPE $ 69.02 05/22/201465050 BUILDING MAINTENANCE MATERIALJAMES PARKPRCS/FACWW GRAINGER $ 595.00 05/22/201465050 BUILDING MAINTENANCE MATERIALLOVELACE PATH LIGHTSPRCS/FACBORNQUIST, INC. $ 256.50 05/23/201465050 BUILDING MAINTENANCE MATERIALCOUPLING MOTOR MOUNTS FOR MAIN LIBRARYPRCS/FACSTANDARD PIPE $ 523.52 05/23/201465050 BUILDING MAINTENANCE MATERIALJAMES PARKPRCS/FACJOHNSTONE SUPPLY OF NI $ 372.49 05/23/201465050 BUILDING MAINTENANCE MATERIALLIBRARY FAN POWER BOXPRCS/FACTHE HOME DEPOT 1902 $ 113.88 05/23/201465050 BUILDING MAINTENANCE MATERIALPAINT SUPPLIESPRCS/FACTHE HOME DEPOT 1902 $ 75.91 05/23/2014 65085 MINOR EQUIP & TOOLSSUPPLIES FOR TRUCKPRCS/FACANDERSON LOCK CO $ 606.80 05/26/201465050 BUILDING MAINTENANCE MATERIALANIMAL SHELTER REARDOORPRCS/FACTHE HOME DEPOT 1902 $ 59.30 05/26/201465050 BUILDING MAINTENANCE MATERIALBEACH CHAIRSPRCS/FACTHE HOME DEPOT 1902 $ 23.94 05/26/201465050 BUILDING MAINTENANCE MATERIALBUILDING REPAIRSPRCS/FACJOHNSTONE SUPPLY OF NI $ 251.03 05/26/201465050 BUILDING MAINTENANCE MATERIALCC FIRE SYSTEMJuly 14, 2014Page 12 of 2555 of 728 Bank of America Credit Card Statement for the Period ending May 31, 2014PRCS/FACTHE HOME DEPOT 1902 $ 245.32 05/26/201465050 BUILDING MAINTENANCE MATERIALCC LUNCHPRCS/FACTHE HOME DEPOT 1902 $ 129.63 05/26/201465050 BUILDING MAINTENANCE MATERIALCC LUNCH ROOMPRCS/FACTHE HOME DEPOT 1902 $ 57.13 05/26/201465050 BUILDING MAINTENANCE MATERIALCC LUNCH ROOMPRCS/FACLEMOI ACE HARDWARE $ 2.39 05/26/201465050 BUILDING MAINTENANCE MATERIALFOUNTAIN SQUAREPRCS/FACSTANDARD PIPE $ 64.75 05/26/201465050 BUILDING MAINTENANCE MATERIALJAMES PARKPRCS/FACLEMOI ACE HARDWARE $ 21.61 05/26/201465050 BUILDING MAINTENANCE MATERIALROSE GARDENPRCS/FACWW GRAINGER $ 801.43 05/28/201465050 BUILDING MAINTENANCE MATERIALBUILDING REPAIRSPRCS/FACTHE HOME DEPOT 1902 $ 87.20 05/28/201465050 BUILDING MAINTENANCE MATERIALBUILDING REPAIRSPRCS/FACWW GRAINGER $ 384.00 05/28/201465050 BUILDING MAINTENANCE MATERIALBUILDING REPAIRSPRCS/FACLEMOI ACE HARDWARE $ 15.33 05/28/201465050 BUILDING MAINTENANCE MATERIALBUILDING REPAIRSPRCS/FACTHE HOME DEPOT 1902 $ 61.96 05/29/201465050 BUILDING MAINTENANCE MATERIAL729 HOWARD HANDI BATHPRCS/FACTHE HOME DEPOT 1902 $ 19.96 05/29/201465050 BUILDING MAINTENANCE MATERIAL729 HOWARD HANDI BATHPRCS/FACTHE HOME DEPOT 1902 $ 263.41 05/29/201465050 BUILDING MAINTENANCE MATERIALANIMAL SHELTER EVALUATION SHEDPRCS/FACWW GRAINGER $ 176.40 05/29/201465050 BUILDING MAINTENANCE MATERIALANIMAL SHELTER KENNEL LIGHTSPRCS/FACJOHNSTONE SUPPLY OF NI $ 111.50 05/29/201465050 BUILDING MAINTENANCE MATERIALCC HEAT PUMP PARTPRCS/FACSTANDARD PIPE $ 157.29 05/29/201465050 BUILDING MAINTENANCE MATERIALCLARK ST HOSE BIBSPRCS/FACSTANDARD PIPE $ (307.48) 05/29/201465050 BUILDING MAINTENANCE MATERIALCREDITPRCS/FACTHE HOME DEPOT 1902 $ 188.63 05/29/201465050 BUILDING MAINTENANCE MATERIALDOG BEACHPRCS/FACJOHNSON LOCKSMITH INC $ 14.70 05/29/201465050 BUILDING MAINTENANCE MATERIALKEYS FIRE CABINET CCPRCS/FACLEMOI ACE HARDWARE $ 4.95 05/29/201465050 BUILDING MAINTENANCE MATERIALPARKS SIGNAGE FOR DEMPSTERPRCS/FACSTANDARD PIPE $ 781.32 05/29/201465050 BUILDING MAINTENANCE MATERIALRPZ PARTSPRCS/FACSTANDARD PIPE $ 28.16 05/29/201465050 BUILDING MAINTENANCE MATERIALSTANDARD PIPEPRCS/FACABLE DISTRIBUTORS $ 54.62 05/30/201465050 BUILDING MAINTENANCE MATERIALANIMAL SHELTER A COIL SERVICEPRCS/FACLEMOI ACE HARDWARE $ 36.38 05/30/201465050 BUILDING MAINTENANCE MATERIALEL SHOP LOCATE PAINT/EXIT LAMPSPRCS/FACSTANDARD PIPE $ 138.21 05/30/201465050 BUILDING MAINTENANCE MATERIALREPAIRS DEMPSTER & HARPER PARKSPRCS/FLEETWOOD JOUR CNTREVANSTON IMPRINTABLES $ 115.24 05/01/2014 65110 REC PROGRAM SUPPLIES SUPPLIES FOR COE POPS BB LEAGUEPRCS/FLEETWOOD JOUR CNTRWALGREENS #2619 $ 14.54 05/02/2014 65110 REC PROGRAM SUPPLIES ICE FOR COE POPS AWARD NIGHTSPRCS/FLEETWOOD JOUR CNTRSUBWAY 00467514 $ 81.80 05/02/2014 65025 FOODSUPPLIES FOR GIRLS PROGRAMPRCS/FLEETWOOD JOUR CNTRGIGIO S PIZZERIA $ 430.05 05/05/2014 65025 FOODPIZZA FOR COE POPS AWARD NIGHTSPRCS/FLEETWOOD JOUR CNTRGORDON FOOD SERVICE IN $ 126.62 05/05/2014 65025 FOODSUPPLIES FOR AFTER SCHOOLPRCS/FLEETWOOD JOUR CNTRUS TOY CO INC 2 $ 70.42 05/05/2014 65110 REC PROGRAM SUPPLIES SUPPLIES FOR CHILDRENS DAYPRCS/FLEETWOOD JOUR CNTRTOM THUMB HOBBY & CRAF $ 24.03 05/05/2014 65110 REC PROGRAM SUPPLIES SUPPLIES FOR CHILDRENS DAYPRCS/FLEETWOOD JOUR CNTRGORDON FOOD SERVICE IN $ 43.93 05/06/2014 65025 FOODSUPPLIES FOR CHILDRENS DAYPRCS/FLEETWOOD JOUR CNTRDOLRTREE 673 00006734 $ 75.00 05/06/2014 65110 REC PROGRAM SUPPLIES SUPPLIES FOR MOTHERS DAY PROJECTSPRCS/FLEETWOOD JOUR CNTRDOLRTREE 3059 00030593 $ 15.00 05/06/2014 65110 REC PROGRAM SUPPLIES SUPPLIES FOR PROJECTSPRCS/FLEETWOOD JOUR CNTRWALGREENS #4218 $ 8.00 05/07/2014 65110 REC PROGRAM SUPPLIES MOTHERS DAY PROJECTSJuly 14, 2014Page 13 of 2556 of 728 Bank of America Credit Card Statement for the Period ending May 31, 2014PRCS/FLEETWOOD JOUR CNTR GORDON FOOD SERVICE IN $ 149.51 05/07/2014 65025 FOOD SUPPLIES FOR AFTER SCHOOL PROGRAMPRCS/FLEETWOOD JOUR CNTR GORDON FOOD SERVICE IN $ 58.37 05/07/2014 65025 FOOD SUPPLIES FOR THE AFTER SCHOOL PROGRAMPRCS/FLEETWOOD JOUR CNTR THE HOME DEPOT 1902 $ 49.88 05/08/2014 65040 JANITORIAL SUPPLIESSUPPLIES FOR BUILDINGPRCS/FLEETWOOD JOUR CNTRMF ATHLETIC & PERFORM $ 219.21 05/08/2014 65110 REC PROGRAM SUPPLIES SUPPLIES FOR FITNESS CENTERPRCS/FLEETWOOD JOUR CNTRFOOD4LESS #0558 $ 77.65 05/08/2014 65025 FOODSUPPLIES FOR MASON PARKPRCS/FLEETWOOD JOUR CNTRGORDON FOOD SERVICE IN $ 58.12 05/08/2014 65110 REC PROGRAM SUPPLIES SUPPLIES FOR MOTHERS DAY PROJECTSPRCS/FLEETWOOD JOUR CNTRWALGREENS #2619 $ 58.98 05/08/2014 65110 REC PROGRAM SUPPLIES SUPPLIES FOR MOVIE DAYPRCS/FLEETWOOD JOUR CNTRMENARDS MORTON GROVE $ 31.96 05/08/2014 65115 TRAFFIC CONTROL SUPPLIES SUPPLIES FOR SUMMER CAMPPRCS/FLEETWOOD JOUR CNTRPP HOUSEBOUNCE $ 175.00 05/09/2014 62507 FIELD TRIPSOUTING FOR MASON PARKPRCS/FLEETWOOD JOUR CNTRMICHAELS STORES 8625 $ 98.79 05/09/2014 65110 REC PROGRAM SUPPLIES SUPPLIES FOR AFTER SCHOOL PROGRAMPRCS/FLEETWOOD JOUR CNTRTHE HOME DEPOT 1902 $ 14.94 05/12/2014 65040 JANITORIAL SUPPLIESJANITORIAL SUPPLIESPRCS/FLEETWOOD JOUR CNTRAMERICAN CUSTOM PUBLIS $ 410.92 05/12/2014 65110 REC PROGRAM SUPPLIES SHIRTS / SUPPLIES FOR SENIOR WEEKPRCS/FLEETWOOD JOUR CNTRGORDON FOOD SERVICE IN $ 37.01 05/12/2014 65025 FOODSUPPLIES FOR AFTER SCHOOLPRCS/FLEETWOOD JOUR CNTRTHE HOME DEPOT 1902 $ 9.96 05/12/2014 65040 JANITORIAL SUPPLIESSUPPLIES FOR CARPETSPRCS/FLEETWOOD JOUR CNTRGORDON FOOD SERVICE IN $ 93.30 05/14/2014 65025 FOODSUPPLIES FOR AFTER SCHOOLPRCS/FLEETWOOD JOUR CNTRGORDON FOOD SERVICE IN $ 75.77 05/14/2014 65025 FOODSUPPLIES FOR AFTER SCHOOLPRCS/FLEETWOOD JOUR CNTRTHE HOME DEPOT 1902 $ 108.05 05/15/2014 65040 JANITORIAL SUPPLIESBUILDING SUPPLIESPRCS/FLEETWOOD JOUR CNTRTHE HOME DEPOT 1902 $ 125.87 05/15/2014 65110 REC PROGRAM SUPPLIES SUPPIES FOR GARDENPRCS/FLEETWOOD JOUR CNTRMARTIN LUTHER KING JR. $ 53.00 05/15/2014 65110 REC PROGRAM SUPPLIES SUPPLIES FOR AFTER SCHOOLPRCS/FLEETWOOD JOUR CNTRS&S WORLDWIDE $ 754.61 05/19/2014 65110 REC PROGRAM SUPPLIES STORAGE FOR AFTER SCHOOL / CAMPPRCS/FLEETWOOD JOUR CNTRSTARBUCKS #09559 EVANS $ 13.95 05/19/2014 65025 FOODSUPPLIES FOR PRODUCTION MEETINGPRCS/FLEETWOOD JOUR CNTRD & D FINER FOODS $ 27.33 05/19/2014 65025 FOODSUPPLIES FOR PRODUCTION MEETINGPRCS/FLEETWOOD JOUR CNTRFOOD4LESS #0558 $ 45.63 05/19/2014 65025 FOODSUPPLIES FOR PRODUCTION MEETINGPRCS/FLEETWOOD JOUR CNTRFOOD4LESS #0558 $ 44.40 05/19/2014 65110 REC PROGRAM SUPPLIES SUPPLIESA FOR WOW PROGRAMPRCS/FLEETWOOD JOUR CNTRHYATT HOTELS RESTON $ 245.28 05/19/2014 62295 TRAINING & TRAVELTRAINING EXPENSE FOR GRANTPRCS/FLEETWOOD JOUR CNTRTHE HOME DEPOT 1902 $ 50.91 05/20/2014 65040 JANITORIAL SUPPLIESJANITORIAL SUPPLIESPRCS/FLEETWOOD JOUR CNTRBEST BUY 00003137 $ 694.95 05/20/2014 65110 REC PROGRAM SUPPLIES SUPPLIES FOR CENTERPRCS/FLEETWOOD JOUR CNTRUS TOY CO INC 2 $ 111.91 05/20/2014 65110 REC PROGRAM SUPPLIES SUPPLIES FOR PROGRAMSPRCS/FLEETWOOD JOUR CNTRGORDON FOOD SERVICE IN $ 58.37 05/21/2014 65025 FOODMILK FOR AFTER SCHOOLPRCS/FLEETWOOD JOUR CNTRGORDON FOOD SERVICE IN $ 180.08 05/21/2014 65025 FOODSUPPLIES FOR AFTER SCHOOLPRCS/FLEETWOOD JOUR CNTRLASER QUEST #66 $ 650.00 05/22/2014 62507 FIELD TRIPSDEPOSIT FOR OUTINGPRCS/FLEETWOOD JOUR CNTRGORDON FOOD SERVICE IN $ 912.07 05/22/2014 65025 FOODSUPPLIES FOR AFTER SCHOOLPRCS/FLEETWOOD JOUR CNTRGORDON FOOD SERVICE IN $ 433.45 05/22/2014 65025 FOODSUPPLIES FOR AFTER SCHOOLPRCS/FLEETWOOD JOUR CNTRMF ATHLETIC & PERFORM $ 254.36 05/22/2014 65110 REC PROGRAM SUPPLIES SUPPLIES FOR FITNESS CENTERPRCS/FLEETWOOD JOUR CNTRAMERICAN CUSTOM PUBLIS $ 180.57 05/22/2014 65110 REC PROGRAM SUPPLIES SUPPLIES FOR SENIOR WEEKPRCS/FLEETWOOD JOUR CNTRTHE HOME DEPOT 1902 $ 100.31 05/23/2014 65040 JANITORIAL SUPPLIESCLEANING SUPPLIESJuly 14, 2014Page 14 of 2557 of 728 Bank of America Credit Card Statement for the Period ending May 31, 2014PRCS/FLEETWOOD JOUR CNTR BRUNSWICK'S & TAVERN ' $ 660.00 05/23/2014 62507 FIELD TRIPSDEPOSIT FOR OUTINGPRCS/FLEETWOOD JOUR CNTRLEGOLAND DISCOVERY CEN $ 67.50 05/23/2014 62507 FIELD TRIPSDEPOSIT FOR OUTINGPRCS/FLEETWOOD JOUR CNTRTHE HOME DEPOT 1902 $ 19.82 05/26/2014 65110 REC PROGRAM SUPPLIES SUPPLIES FOR AFTER SCHOOL PROGRAMPRCS/FLEETWOOD JOUR CNTRFOOD4LESS #0558 $ 74.42 05/26/2014 65110 REC PROGRAM SUPPLIES SUPPLIES FOR SENIOR DAYPRCS/FLEETWOOD JOUR CNTRD & D FINER FOODS $ 12.56 05/28/2014 65025 FOODSUPPLIES FOR PRODUCTION MEETINGPRCS/FLEETWOOD JOUR CNTRGORDON FOOD SERVICE IN $ 58.37 05/29/2014 65025 FOODMILK FOR AFTER SCHOOLPRCS/FLEETWOOD JOUR CNTRHOUSE OF RENTAL $ 36.50 05/29/2014 62375 RENTALSRENTALFOR SPELLING BEEPRCS/FLEETWOOD JOUR CNTRGORDON FOOD SERVICE IN $ 7.49 05/29/2014 65025 FOODSUPPLIES FOR AFTER SCHOOLPRCS/FLEETWOOD JOUR CNTRBLICK ART 800 447 1892 $ 15.75 05/29/2014 65095 OFFICE SUPPLIESSUPPLIES FOR GALAPRCS/FLEETWOOD JOUR CNTRGORDON FOOD SERVICE IN $ 108.62 05/29/2014 65025 FOODSUPPLIES FOR SENIOR DAYPRCS/FLEETWOOD JOUR CNTRBUY THE YARD $ 154.83 05/30/2014 65110 REC PROGRAM SUPPLIES SUPPLIES FOR GARDENPRCS/FLEETWOOD JOUR CNTRGORDON FOOD SERVICE IN $ 44.93 05/30/2014 65025 FOODSUPPLIES FOR SENIOR DAYPRCS/FLEETWOOD JOUR CNTRDOLRTREE 673 00006734 $ 67.00 05/30/2014 65110 REC PROGRAM SUPPLIES SUPPLIES FOR SENIOR EVENTPRCS/FLEETWOOD JOUR CNTRUS TOY CO INC 2 $ 39.40 05/30/2014 65110 REC PROGRAM SUPPLIES SUPPLIES FOR SPELLING BEE AND SENIOR PARTYPRCS/LEVY SEN CNTRILIPRA 00 OF 00 $ 10.00 05/02/2014 62295 TRAINING & TRAVELCEU'SPRCS/LEVY SEN CNTRMYBINDING COM $ 78.13 05/02/2014 65110 REC PROGRAM SUPPLIES LANYARDS FOR FITNESS CARDSPRCS/LEVY SEN CNTRFEDEXOFFICE 00036053 $ 206.50 05/09/2014 65095 OFFICE SUPPLIESAGE FRIENDLY SUPPLIESPRCS/LEVY SEN CNTRFEDEXOFFICE 00036053 $ 199.77 05/09/2014 65095 OFFICE SUPPLIESAGE FRIENDLY SUPPLIESPRCS/LEVY SEN CNTRFEDEXOFFICE 00036053 $ (199.76) 05/09/2014 65095 OFFICE SUPPLIESREFUNDPRCS/LEVY SEN CNTRBEST BUY 00003137 $ 29.99 05/16/2014 65095 OFFICE SUPPLIESWEBCAM FOR OFFICE COMPUTERPRCS/LEVY SEN CNTRINT AV NOW, INC $ 370.08 05/19/2014 65110 REC PROGRAM SUPPLIES PARTS FOR FITNESS SOUND SYSTEMPRCS/LEVY SEN CNTRSUPERIOR INDUSTRIAL SP $ 157.30 05/20/2014 65040 JANITORIAL SUPPLIESJANITORIAL SUPPLIESPRCS/LEVY SEN CNTRSUPERIOR INDUSTRIAL SP $ 63.44 05/20/2014 65040 JANITORIAL SUPPLIESJANITORIAL SUPPLIESPRCS/LEVY SEN CNTROFFICE DEPOT #510 $ 156.63 05/23/2014 65095 OFFICE SUPPLIESAGE FRIENDLY SUPPLIESPRCS/LEVY SEN CNTRTHE HOME DEPOT 1902 $ 3.13 05/23/2014 65110 REC PROGRAM SUPPLIES BALL RACK PARTSPRCS/LEVY SEN CNTRCERAMIC SUPPLY CHICAGO $ 293.10 05/23/2014 65110 REC PROGRAM SUPPLIES SUPPLIES FOR SENIOR CERAMIC CLASSESPRCS/LEVY SEN CNTRCERAMIC SUPPLY CHICAGO $ 304.52 05/23/2014 65110 REC PROGRAM SUPPLIES SUPPLIES FOR SENIOR CERAMIC CLASSESPRCS/LEVY SEN CNTREINSTEIN BROS-ONLINE C $ 344.23 05/26/2014 65025 FOODAGE FRIENDLY SURVEY RESULTS SNACKSPRCS/LEVY SEN CNTRCHICAGO CHOCOLATE T $ 180.00 05/26/2014 62507 FIELD TRIPSDEPOSIT FOR SENIOR TRIPPRCS/LEVY SEN CNTRTHE HOME DEPOT 1902 $ 69.00 05/29/2014 65110 REC PROGRAM SUPPLIES LADDER FOR FOG HOUSESPRCS/LEVY SEN CNTREINSTEIN BROS-ONLINE C $ (27.18) 05/29/2014 65025 FOODREFUND FOR OVERCHARGEPRCS/LEVY SEN CNTRTHE HOME DEPOT 1902 $ 1.18 05/30/2014 65110 REC PROGRAM SUPPLIES BALL RACK PARTSPRCS/NOYES CNTROCS SOLUTIONS $ 6.95 05/02/2014 62490 OTHER PROGRAM COSTS WEB SITE HOSTING FEE FOR ARTS SITEPRCS/NOYES CNTREPCO PAINT STORE 1252 $ 150.26 05/07/2014 65110 REC PROGRAM SUPPLIES NOYES HALLWAYPRCS/NOYES CNTRAMAZON MKTPLACE PMTS $ 87.28 05/15/2014 65110 REC PROGRAM SUPPLIES ARTS CAMP SUPPLIESPRCS/NOYES CNTRFOOD4LESS #0558 $ 36.75 05/20/2014 65110 REC PROGRAM SUPPLIES ARTS CAMP SUPPLIESJuly 14, 2014Page 15 of 2558 of 728 Bank of America Credit Card Statement for the Period ending May 31, 2014PRCS/NOYES CNTR TALL SHIP WINDY $ 450.00 05/23/2014 62507 FIELD TRIPS ARTS CAMP FIELD TRIP DEPOSITPRCS/NOYES CNTR AMAZON MKTPLACE PMTS $ 93.94 05/23/2014 65110 REC PROGRAM SUPPLIES STARLIGHT CONCERT SUPPLIESPRCS/NOYES CNTR ORIENTAL TRADING CO $ 141.28 05/26/2014 65110 REC PROGRAM SUPPLIES ARTS CAMP SUPPLIESPRCS/NOYES CNTR AMAZON.COM $ 18.18 05/29/2014 65110 REC PROGRAM SUPPLIES ARTS CAMP SUPPLIESPRCS/NOYES CNTR AMAZON MKTPLACE PMTS $ 96.35 05/29/2014 65110 REC PROGRAM SUPPLIES ARTS CAMP SUPPLIESPRCS/NOYES CNTR AMAZON MKTPLACE PMTS $ 199.40 05/29/2014 65110 REC PROGRAM SUPPLIES STARLIGHT SUPPLIESPRCS/PARKS FORESTRY THE HOME DEPOT #8598 $ 35.52 05/01/201465045 LICENSING/REGULATORY SUPPLIESNUMBERSPRCS/PARKS FORESTRYTHE HOME DEPOT 1902 $ 88.80 05/01/201465045 LICENSING/REGULATORY SUPPLIESNUMBERSPRCS/PARKS FORESTRYTHE HOME DEPOT 1902 $ 72.58 05/02/201465045 LICENSING/REGULATORY SUPPLIESHEX BOLTS WOODPRCS/PARKS FORESTRYTRU-LINK FENCE LLC $ 883.00 05/02/201465050 BUILDING MAINTENANCE MATERIALPOSTS FOR BOAT RAMPPRCS/PARKS FORESTRYTHE HOME DEPOT 1902 $ 114.85 05/02/2014 65515 OTHER IMPROVEMENTS SHRINK WRAPPRCS/PARKS FORESTRYTEAM REIL INC $ 224.00 05/05/201465050 BUILDING MAINTENANCE MATERIALAUGERS FOR FLOATING PIERPRCS/PARKS FORESTRYTHE HOME DEPOT 1902 $ 139.83 05/05/201465045 LICENSING/REGULATORY SUPPLIESBOAT RAMP SUPPLIESPRCS/PARKS FORESTRYTHE HOME DEPOT 1902 $ 264.61 05/05/2014 65515 OTHER IMPROVEMENTS CONSTRUCTION FENCEPRCS/PARKS FORESTRYTHE HOME DEPOT 1902 $ 91.88 05/05/2014 65515 OTHER IMPROVEMENTS SHRINK WRAPPRCS/PARKS FORESTRYTHE HOME DEPOT 1902 $ 65.33 05/07/2014 65515 OTHER IMPROVEMENTS CONSTRUCTION FENCEPRCS/PARKS FORESTRYTHE HOME DEPOT 1902 $ (5.39) 05/07/2014 65515 OTHER IMPROVEMENTS CREDITPRCS/PARKS FORESTRYINTL SOC ARBORICULTURE $ 100.00 05/07/2014 62360 MEMBERSHIP DUESMEMBERSHIPPRCS/PARKS FORESTRYRUSSO HARDWARE - SCHIL $ 33.67 05/08/201465070 OFFICE/OTHER EQ TO MAINTN MATERIALCARBURETORPRCS/PARKS FORESTRYTHE HOME DEPOT 1902 $ 19.75 05/08/2014 65040 JANITORIAL SUPPLIESPAINTPRCS/PARKS FORESTRYTHE HOME DEPOT 1902 $ 272.86 05/12/201465050 BUILDING MAINTENANCE MATERIALSTARTER FERTILIZERPRCS/PARKS FORESTRYTHE HOME DEPOT 1902 $ 240.00 05/14/201465055 MATERIALS TO MAINTAIN IMPROVEMENTSSWING CHAINPRCS/PARKS FORESTRYREINDERS T&I - KEYED $ 195.51 05/16/201465070 OFFICE/OTHER EQ TO MAINTN MATERIALMOWER PARTSPRCS/PARKS FORESTRYTHE HOME DEPOT 1902 $ 2.96 05/16/201465045 LICENSING/REGULATORY SUPPLIESNUMBERPRCS/PARKS FORESTRYTHE HOME DEPOT 1902 $ 94.94 05/19/2014 65110 REC PROGRAM SUPPLIES SMALL TOOLS AND SUPPLIES PRCS/PARKS FORESTRYTHE HOME DEPOT 1902 $ (25.97) 05/19/2014 65020 CLOTHINGCREDITPRCS/PARKS FORESTRYANTON'S GREENHOUSE $ 78.35 05/19/201465055 MATERIALS TO MAINTAIN IMPROVEMENTSFLOWERS BEACH OFFICEPRCS/PARKS FORESTRYTHE HOME DEPOT 1902 $ 19.92 05/19/2014 65110 REC PROGRAM SUPPLIES PLIERSPRCS/PARKS FORESTRYTHE HOME DEPOT #8598 $ 25.97 05/19/2014 65020 CLOTHINGRAIN SUITPRCS/PARKS FORESTRYTHE HOME DEPOT 1902 $ 38.94 05/19/2014 65020 CLOTHINGRAIN SUITPRCS/PARKS FORESTRYTHE HOME DEPOT 1902 $ 76.75 05/19/2014 65085 MINOR EQUIP & TOOLSTACK HAMMER & STAPLESPRCS/PARKS FORESTRYEPCO PAINT STORE 1252 $ 58.58 05/23/2014 65110 REC PROGRAM SUPPLIES PAINTPRCS/PARKS FORESTRYTHE HOME DEPOT 1902 $ 105.54 05/23/201465055 MATERIALS TO MAINTAIN IMPROVEMENTSSHOVELS, CONCRETE SUPPLIESPRCS/PARKS FORESTRYTHE HOME DEPOT 1902 $ 26.32 05/26/201465070 OFFICE/OTHER EQ TO MAINTN MATERIALSMALL TOOLSPRCS/PARKS FORESTRYTHE HOME DEPOT 1902 $ 63.50 05/26/201465055 MATERIALS TO MAINTAIN IMPROVEMENTSWOOD, SPIKEPRCS/PARKS FORESTRYCARQUEST 2759 $ 59.98 05/29/2014 65085 MINOR EQUIP & TOOLSBATTERY MAINTAINERJuly 14, 2014Page 16 of 2559 of 728 Bank of America Credit Card Statement for the Period ending May 31, 2014PRCS/PARKS FORESTRY MIDWEST SPORTS $ 13.90 05/29/201465055 MATERIALS TO MAINTAIN IMPROVEMENTSCAULKPRCS/PARKS FORESTRYREINDERS INC $ 502.92 05/29/201465070 OFFICE/OTHER EQ TO MAINTN MATERIALMOWER PARTSPRCS/PARKS FORESTRYLEMOI ACE HARDWARE $ 7.65 05/30/201465055 MATERIALS TO MAINTAIN IMPROVEMENTSCHAIN PARTSPRCS/PARKS FORESTRYTHE HOME DEPOT 1902 $ 149.00 05/30/2014 65085 MINOR EQUIP & TOOLSMECHANICS TOOL SETPRCS/RBT CROWN CNTRAMAZON.COM $ 49.50 05/01/2014 65110 REC PROGRAM SUPPLIES COSTUME ROOM SUPPLIES FOR ICE SHOWPRCS/RBT CROWN CNTRTHE HOME DEPOT 1902 $ 13.98 05/01/2014 65040 JANITORIAL SUPPLIESSHOP/VAC CLEANER BAG FILTERS.PRCS/RBT CROWN CNTRAMAZON MKTPLACE PMTS $ 212.12 05/02/2014 65110 REC PROGRAM SUPPLIES COSTUME ROOM SUPPLIES FOR ICE SHOWPRCS/RBT CROWN CNTRGFS MKTPLC #1915 $ 73.80 05/02/2014 65110 REC PROGRAM SUPPLIES CUPS, AND GLOVES FOR SERVING SNACKS.PRCS/RBT CROWN CNTRGFS MKTPLC #1915 $ 137.70 05/02/2014 65110 REC PROGRAM SUPPLIES SNACK SUPPLIES FOR AFTER SCHOOL PROGRAM.PRCS/RBT CROWN CNTRGFS MKTPLC #1915 $ 88.27 05/02/2014 65110 REC PROGRAM SUPPLIES SNACK SUPPLIES FOR VARIOUS SCHOOL AGE PROGRAMS.PRCS/RBT CROWN CNTRGFS MKTPLC #1915 $ 93.10 05/02/2014 65025 FOODSNACKS FOR AFTER SCHOOL PROGRAM.PRCS/RBT CROWN CNTRGFS MKTPLC #1915 $ 144.30 05/02/2014 65025 FOODSNACKS FOR VARIOUS SCHOOL AGE PROGRAMS.PRCS/RBT CROWN CNTRGFS MKTPLC #1915 $ 118.53 05/02/2014 65025 FOODSNACKS FOR VARIOUS SCHOOL AGE PROGRAMS.PRCS/RBT CROWN CNTRALLEGRA MARKETING PRIN $ 176.00 05/02/2014 62210 PRINTINGTICKETS FOR SPRING ICE SHOW.PRCS/RBT CROWN CNTRBOTANY BAY INC $ 710.00 05/05/201465070 OFFICE/OTHER EQ TO MAINTN MATERIALCHEMICAL TREATMENT FOR WATER TOWER.PRCS/RBT CROWN CNTRGFS MKTPLC #1915 $ 59.96 05/05/2014 65080 MERCHANDISE FOR RESALE GATORADE FOR VENDING MACHINE.PRCS/RBT CROWN CNTRGFS MKTPLC #1915 $ 19.99 05/05/2014 65040 JANITORIAL SUPPLIESHAND SANITIZERPRCS/RBT CROWN CNTRFOOD4LESS #0558 $ 72.20 05/06/2014 65025 FOODAFTER SCHOOL ADVENTURE PROGRAM SNACKS.PRCS/RBT CROWN CNTRFOOD4LESS #0558 $ 52.58 05/06/2014 65025 FOODPRE-K CLASS SNACKS.PRCS/RBT CROWN CNTRFOOD4LESS #0558 $ 21.52 05/06/2014 65025 FOODSNACK/MILKPRCS/RBT CROWN CNTRCINTAS 769 $ 91.00 05/07/201465070 OFFICE/OTHER EQ TO MAINTN MATERIALCARPETED FLOOR MAT RENTAL.PRCS/RBT CROWN CNTRFOOD4LESS #0558 $ 74.27 05/08/2014 65025 FOODAFTER SCHOOL ADVENTURE PROGRAM SNACKS.PRCS/RBT CROWN CNTRFOX VALLEY FIR00 OF 00 $ 174.00 05/08/2014 62245 OTHER EQ MAINTINSPECTION OF SPRINKLER SYSTEM.PRCS/RBT CROWN CNTRUS TOY CO INC 2 $ 153.38 05/08/2014 65110 REC PROGRAM SUPPLIES SUPPLIES AND EQUIPMENT FOR PROGRAMS.PRCS/RBT CROWN CNTRAMAZON MKTPLACE PMTS $ 90.20 05/09/2014 65110 REC PROGRAM SUPPLIES COSTUME ROOM SUPPLIES FOR ICE SHOWPRCS/RBT CROWN CNTRTARGET 00009274 $ 529.74 05/09/2014 65110 REC PROGRAM SUPPLIES COSTUMES PIECES FOR SPRING ICE SHOW.PRCS/RBT CROWN CNTRAMAZON.COM $ 73.41 05/09/2014 65110 REC PROGRAM SUPPLIES DECORATIONS FOR THEME SKATE NIGHTS.PRCS/RBT CROWN CNTRGORDON FOOD SERVICE IN $ 490.24 05/09/2014 65025 FOODFOOD FOR PRESCHOOL PROGRAMSPRCS/RBT CROWN CNTRBECKER ARENA PRODUCTS $ 364.10 05/09/2014 62245 OTHER EQ MAINTTRAINING AID - JUNIOR KITPRCS/RBT CROWN CNTRTHE HOME DEPOT 1902 $ 53.98 05/12/201465070 OFFICE/OTHER EQ TO MAINTN MATERIALADJUSTABLE WRENCH AND MULTI PURPOSE VISE.PRCS/RBT CROWN CNTRWALGREENS #4218 $ 23.00 05/12/2014 65025 FOODCANDY FOR MOTHER'S DAY SKATEPRCS/RBT CROWN CNTRWALGREENS #4218 $ 10.76 05/12/2014 65110 REC PROGRAM SUPPLIES CLASSROOM SUPPLIESPRCS/RBT CROWN CNTRCURTAIN CALL COSTUMES $ 131.91 05/12/2014 65110 REC PROGRAM SUPPLIES COSTUMES FOR SPRING ICE SHOW.PRCS/RBT CROWN CNTRREVOLUTION DANCEWEAR $ 376.90 05/12/2014 65110 REC PROGRAM SUPPLIES COSTUMES FOR SPRING ICE SHOW.PRCS/RBT CROWN CNTRREVOLUTION DANCEWEAR $ 140.97 05/12/2014 65110 REC PROGRAM SUPPLIES COSTUMES FOR SPRING ICE SHOW.PRCS/RBT CROWN CNTRRITE LOCK & SAFE $ 36.40 05/12/201465070 OFFICE/OTHER EQ TO MAINTN MATERIALDUPLICATE KEYSJuly 14, 2014Page 17 of 2560 of 728 Bank of America Credit Card Statement for the Period ending May 31, 2014PRCS/RBT CROWN CNTR MCDONALD'S M6867 OF $ 50.00 05/12/2014 65110 REC PROGRAM SUPPLIES GIFT CARDS FOR MOTHER'S DAY SKATE RAFFLE AT CROWNPRCS/RBT CROWN CNTR THE HOME DEPOT 1902 $ 239.02 05/12/2014 65110 REC PROGRAM SUPPLIES SUPPLIES NEEDED TO BUILD SET FOR ICE SHOW.PRCS/RBT CROWN CNTR NEXTIME INC $ 64.83 05/12/2014 65095 OFFICE SUPPLIES TIME CARDSPRCS/RBT CROWN CNTR USPS 16262202033309006 $ 2.66 05/13/2014 62315 POSTAGE POSTAGE - DCFSPRCS/RBT CROWN CNTR GOURMET GORILLA, INC. $ 1,088.70 05/13/2014 65025 FOODSNACKS FOR PRE SCHOOL PROGRAM.PRCS/RBT CROWN CNTRREVOLUTION DANCEWEAR $ 48.99 05/14/2014 65110 REC PROGRAM SUPPLIES COSTUMES FOR SPRING ICE SHOWPRCS/RBT CROWN CNTRWALGREENS #2619 $ 37.51 05/14/2014 65075 MEDICAL & LAB SUPPLIES FIRST-AID SUPPLIESPRCS/RBT CROWN CNTRICE SKATING INSTITUTE $ 50.00 05/14/2014 62360 MEMBERSHIP DUESMEMBERSHIP DUES OWED TO ISIPRCS/RBT CROWN CNTRICE SKATING INSTITUTE $ 395.00 05/14/2014 62360 MEMBERSHIP DUESMEMBERSHIP DUES OWED TO ISIPRCS/RBT CROWN CNTROFFICE DEPOT #510 $ 55.97 05/14/2014 65095 OFFICE SUPPLIESOFFICE SUPPLIESPRCS/RBT CROWN CNTRTARGET 00009274 $ 88.94 05/14/2014 65110 REC PROGRAM SUPPLIES PROP & COSTUME SUPPLIES FOR ICE SHOWPRCS/RBT CROWN CNTRUS TOY CO INC 2 $ 52.81 05/14/2014 65110 REC PROGRAM SUPPLIES PROP AND ICE SHOW SET SUPPLIESPRCS/RBT CROWN CNTRTHE HOME DEPOT 1902 $ 117.68 05/14/2014 65110 REC PROGRAM SUPPLIESSUPER GLUE, PLIERS, MASKING TAPE, CLEAR TAPE, MIXING TUB, ROPE, AND OTHER NAILS, BOLTS AND SCREWS FOR ICE SHOW SET.PRCS/RBT CROWN CNTR REVOLUTION DANCEWEAR $ 82.98 05/15/2014 65110 REC PROGRAM SUPPLIES COSTUMES FOR SPRING ICE SHOW.PRCS/RBT CROWN CNTR INTERSTATE POWERCARE $ 114.49 05/15/201465070 OFFICE/OTHER EQ TO MAINTN MATERIALGUN X WATERING GUN NOZZLE W / FLOW INDICATORPRCS/RBT CROWN CNTRDOMICILE CONSULTING $ 855.00 05/16/2014 65110 REC PROGRAM SUPPLIES FURNITURE FOR PRE SCHOOL CLASSROOM.PRCS/RBT CROWN CNTRWALGREENS #4218 $ 14.76 05/16/2014 65025 FOODMILK - SNACKPRCS/RBT CROWN CNTRWALGREENS #4218 $ 14.76 05/16/2014 65025 FOODMILK - SNACKPRCS/RBT CROWN CNTRTHE HOME DEPOT 1902 $ 47.01 05/16/2014 65110 REC PROGRAM SUPPLIES STAPLES, HOOKS, AND WIRE FOR ICE SHOW SET.PRCS/RBT CROWN CNTRUS TOY CO INC 2 $ 87.27 05/16/2014 65110 REC PROGRAM SUPPLIES SUPPLIES AND EQUIPMENT FOR VARIOUS SCHOOL AGE PROGRAMS.PRCS/RBT CROWN CNTRUS TOY CO INC 2 $ 21.21 05/19/2014 65110 REC PROGRAM SUPPLIES BULLETIN BOARD ITEMS FOR BROOMBALLPRCS/RBT CROWN CNTROFFICE DEPOT #510 $ 17.79 05/19/2014 65095 OFFICE SUPPLIESOVERSIZED PAPER FOR LANIERPRCS/RBT CROWN CNTRFOOD4LESS #0558 $ 22.75 05/19/2014 65110 REC PROGRAM SUPPLIES REFRESHMENTS FOR SPRING ICE SHOW CAST PARTY.PRCS/RBT CROWN CNTRFOOD4LESS #0558 $ 23.94 05/19/2014 65025 FOODREFRESHMENTS FOR SPRING ICE SHOW VOLUNTEERS AND CAST PARTY.PRCS/RBT CROWN CNTRSUPERIOR INDUSTRIAL SP $ 59.94 05/20/2014 65040 JANITORIAL SUPPLIESJANITORIAL SUPPLIES, CLEANER, DEODORIZER, AND DISINFECTANT.PRCS/RBT CROWN CNTRWW GRAINGER $ 66.60 05/21/201465050 BUILDING MAINTENANCE MATERIALFLUORESCENT LINEAR LAMPPRCS/RBT CROWN CNTRPUMP IT UP OF GLENVIEW $ 150.00 05/23/2014 62507 FIELD TRIPSAFTER SCHOOL ADVENTURE FIELD TRIP.PRCS/RBT CROWN CNTRPUMP IT UP OF GLENVIEW $ 150.00 05/23/2014 62507 FIELD TRIPSAFTER SCHOOL ADVENTURE FIELD TRIP.PRCS/RBT CROWN CNTRFOOD4LESS #0558 $ 34.80 05/23/2014 65025 FOODAFTER SCHOOL ADVENTURE SNACK.PRCS/RBT CROWN CNTRFOOD4LESS #0558 $ 74.73 05/23/2014 65025 FOODPRE-K CLASS SNACKPRCS/RBT CROWN CNTRFOOD4LESS #0558 $ 10.36 05/23/2014 65025 FOODSNACK/MILKPRCS/RBT CROWN CNTRFOOD4LESS #0558 $ 11.76 05/23/2014 65025 FOODSNACK/MILKPRCS/RBT CROWN CNTRTHE HOME DEPOT 1902 $ 65.11 05/26/201465050 BUILDING MAINTENANCE MATERIALCABINET SLIDE LOCK, TREAD TAPE, AND 4" STEP AND LADDER TREAD.PRCS/RBT CROWN CNTROFFICE DEPOT #510 $ 72.96 05/28/2014 65095 OFFICE SUPPLIESBINDERS FOR CAMP PROGRAM.PRCS/RBT CROWN CNTRJEWEL #3456 $ 10.35 05/28/2014 65110 REC PROGRAM SUPPLIES ITEMS FOR CLASS PROJECT.PRCS/RBT CROWN CNTRSUPERIOR INDUSTRIAL SP $ 108.72 05/28/2014 65040 JANITORIAL SUPPLIESJANITORIAL AND CLEANING SUPPLIESJuly 14, 2014Page 18 of 2561 of 728 Bank of America Credit Card Statement for the Period ending May 31, 2014PRCS/RBT CROWN CNTR SUPERIOR INDUSTRIAL SP $ 42.93 05/28/2014 65040 JANITORIAL SUPPLIESJANITORIAL CLEANING SUPPLIES.PRCS/RBT CROWN CNTRNEVCO INC $ 135.21 05/28/2014 65110 REC PROGRAM SUPPLIES REPAIR, TEST, EXISTING M12 MODULE NEVCO SCOREBOARD PANEL.PRCS/RBT CROWN CNTRPETSMART INC 427 $ 12.63 05/28/2014 65110 REC PROGRAM SUPPLIES SUPPLIES FOR CLASSROOM PETS.PRCS/RBT CROWN CNTRCHICAGO CHILDRENS MUSE $ 225.00 05/29/2014 62507 FIELD TRIPSFIELD TRIP - PRESCHOOLPRCS/RBT CROWN CNTRMC GLASS AND MIRROR $ 166.52 05/29/201465050 BUILDING MAINTENANCE MATERIALREPAIR BROKEN GLASS DOOR ON STUDIO RINK.PRCS/RBT CROWN CNTRTHEE FISHBOWL $ 18.60 05/30/2014 65110 REC PROGRAM SUPPLIES ITEMS FOR CLASSROOM PETS.PRCS/RBT CROWN CNTRTHE HOME DEPOT 1902 $ 291.16 05/30/2014 65040 JANITORIAL SUPPLIESJANITORIAL SUPPLIES FOR LAKEFRONT WASHROOM CLEAN UP.PRCS/RECREATIONCLKBANK COM_JK7C6LEB $ 67.00 05/01/2014 65110 REC PROGRAM SUPPLIES BASKETBALL TRAINING VIDEOPRCS/RECREATIONCLKBANK COM_3B85EKNM $ 47.00 05/01/2014 65110 REC PROGRAM SUPPLIES BASKETBALL TRAINING VIDEOPRCS/RECREATIONBESS HARDWARE & SP $ 49.95 05/01/2014 65020 CLOTHINGRAINCOATS FOR FARMERS' MARKET STAFFPRCS/RECREATIONMICHAELS STORES 2037 $ 15.14 05/01/2014 65110 REC PROGRAM SUPPLIES SUPPLIES FOR FARMERS' MARKETPRCS/RECREATIONAMAZON MKTPLACE PMTS $ 103.70 05/02/2014 65110 REC PROGRAM SUPPLIES WATCHES FOR SAILBOATSPRCS/RECREATIONIL TOLLWAY-CALL CTR-51 $ 85.50 05/05/2014 62490 OTHER PROGRAM COSTSSPECIAL RECREATION OLYMPICS TOLLWAY CHARGE DOWNSTATE PROGRAMPT EMPLOYEE THOUGHT CITY VEHICLE HAD AN IPASS BUT ONLY HAD A GATE PRCS/RECREATION JEWEL #3428 $ 51.91 05/06/2014 65025 FOODSEASONING, FRUIT, MEAT, VEGETABLES FOR AFTER-SCHOOL COOKING PROGRAMPRCS/RECREATION THE HOME DEPOT 1902 $ 52.78 05/07/2014 65095 OFFICE SUPPLIESCHAINS, GLOVES AND S HOOKS FOR FARMERS' MARKETPRCS/RECREATIONTAPCO $ 315.18 05/07/201465045 LICENSING/REGULATORY SUPPLIESPASS CARDS FOR THE CHURCH ST ELECTRONIC GATEPRCS/RECREATIONFANDANGO.COM $ 453.75 05/09/2014 62507 FIELD TRIPSFLEETWOOD JOURDAIN AFTER SCHOOL YOUTH PROGRAM ON FIELD TRIP TO MOVIE THEATREPRCS/RECREATION TARGET 00011676 $ 12.17 05/09/2014 65110 REC PROGRAM SUPPLIES HANGERS AND MINI GROW KITS (SEE ATTACHMENTS)PRCS/RECREATION ORIENTAL TRADING CO $ 74.75 05/09/2014 65110 REC PROGRAM SUPPLIES SUPPLIES FOR THE SPUD CLUB AT FARMERS MARKETPRCS/RECREATION BRUNSWICK ZONE DEERF $ 186.00 05/12/2014 62507 FIELD TRIPS BOWLING LANE AND SHOE RENTAL FEE FOR BOWLING PROGRAMPRCS/RECREATION BRUNSWICK ZONE DEERF $ 168.00 05/12/2014 62507 FIELD TRIPS BOWLING LANE AND SHOE RENTAL FEE FOR BOWLING PROGRAMPRCS/RECREATION THE HOME DEPOT 1902 $ 362.12 05/12/2014 62235 OFFICE EQUIPMENT MAINT. GLOVES, PLIERS, CHANNELOCK, TOOLSPRCS/RECREATION L-TRON CORPORATION $ 175.93 05/12/2014 62235 OFFICE EQUIPMENT MAINT. NEW CREDIT CARD PRINTER FOR SECOND TERMINALPRCS/RECREATION MENARDS MORTON GROVE $ 55.70 05/13/2014 65095 OFFICE SUPPLIES DOGGY SIGNS, ROPE AND CLEANING SUPPLIESPRCS/RECREATION JEWEL #3428 $ 33.44 05/13/2014 65025 FOOD PASTA, FRUIT, MEAT, VEGETABLES FOR AFTER-SCHOOL COOKING PROGRAMPRCS/RECREATION WW GRAINGER $ 42.03 05/13/2014 65085 MINOR EQUIP & TOOLS TOOL (WOOD PLANE) FOR LAKEFRONT BOATSPRCS/RECREATION TICKET SUPPLIES $ 1,242.20 05/14/201465045 LICENSING/REGULATORY SUPPLIESNUMBERED TICKET ROLLS FOR LAKEFRONT DAILY FEES PAIDPRCS/RECREATIONANNAPOLIS PERFORMANCE $ 239.85 05/14/2014 65110 REC PROGRAM SUPPLIES RACING BUOYS FOR SAILING INSTRUCTIONPRCS/RECREATIONEVANSTON SIGNS AND GRA $ 277.00 05/14/2014 62205 ADVERTISINGSIGN BOARDS FOR THE MARKETPRCS/RECREATIONWW GRAINGER $ 13.30 05/14/2014 65085 MINOR EQUIP & TOOLSTOOLS FOR LAKEFRONT (TWO SCREWDRIVERS)PRCS/RECREATIONSWIMOUTLET.COM $ 359.55 05/15/2014 65110 REC PROGRAM SUPPLIES RESCUE TUBESPRCS/RECREATIONAMERICAN LIFEGUARD PRO $ 598.92 05/15/2014 65110 REC PROGRAM SUPPLIES WHISTLES AND LANYARDSPRCS/RECREATIONWW GRAINGER $ 241.20 05/16/201465070 OFFICE/OTHER EQ TO MAINTN MATERIALTOOL TO SECURE CHAIN ENDPRCS/RECREATIONBRUNSWICK ZONE DEERF $ 198.00 05/19/2014 62507 FIELD TRIPSBOWLING LANE AND SHOE RENTAL FEE FOR BOWLING PROGRAMPRCS/RECREATIONLOU MALNATI'S PIZZERIA $ 316.05 05/19/2014 65025 FOODCATERED FOOD FOR ATHLETE PARTYPRCS/RECREATIONTHE HOME DEPOT 1902 $ 475.61 05/19/201465050 BUILDING MAINTENANCE MATERIALCONCRETE AND CHAIN FOR BUOYSJuly 14, 2014Page 19 of 2562 of 728 Bank of America Credit Card Statement for the Period ending May 31, 2014PRCS/RECREATION EVANSTON IMPRINTABLES $ 60.32 05/19/2014 65125 OTHER COMMODITIESDEPT. TABLECLOTHSPRCS/RECREATIONEMERGENCY MEDICAL PROD $ 252.23 05/19/2014 65110 REC PROGRAM SUPPLIES FIRST AID SUPPLIESPRCS/RECREATIONEMERGENCY MEDICAL PROD $ 535.00 05/19/2014 65110 REC PROGRAM SUPPLIES FIRST AID SUPPLIES FOR CHANDLER'S SUMMER PROGRAMS (38.21%)PRCS/RECREATIONEMERGENCY MEDICAL PROD $ 300.00 05/19/2014 65110 REC PROGRAM SUPPLIES FIRST AID SUPPLIES FOR CROWN'S SUMMER PROGRAMS (21.43%)PRCS/RECREATIONEMERGENCY MEDICAL PROD $ 267.30 05/19/2014 65110 REC PROGRAM SUPPLIES FIRST AID SUPPLIES FOR ECOLOGY'S SUMMER PROGRAMS (19.09%)PRCS/RECREATIONEMERGENCY MEDICAL PROD $ 297.70 05/19/2014 65110 REC PROGRAM SUPPLIES FIRST AID SUPPLIES FOR LAKEFRONT PROGRAMS (21.26%)PRCS/RECREATIONEVANSTON IMPRINTABLES $ 367.65 05/19/2014 65020 CLOTHINGJACKETS FOR MARKET STAFFPRCS/RECREATIONPOTBELLY 005 $ 101.35 05/19/2014 65125 OTHER COMMODITIESLUNCH FOR CHANDLER STAFF AS PART OF PUBLIC SERVICE RECOGNITION WEEKPRCS/RECREATION POTBELLY 005 $ 68.90 05/19/2014 65125 OTHER COMMODITIESLUNCH FOR ECOLOGY STAFF AS PART OF PUBLIC SERVICE RECOGNITION WEEKPRCS/RECREATION POTBELLY 005 $ 101.35 05/19/2014 65125 OTHER COMMODITIESLUNCH FOR FLEETWOOD STAFF AS PART OF PUBLIC SERVICE RECOGNITION WEEKPRCS/RECREATION POTBELLY 005 $ 161.50 05/19/2014 65125 OTHER COMMODITIES LUNCH FOR LEVY STAFF AS PART OF PUBLIC SERVICE RECOGNITION WEEKPRCS/RECREATION POTBELLY 005 $ 191.00 05/19/2014 65125 OTHER COMMODITIESLUNCH FOR R. CROWN STAFF AS PART OF PUBLIC SERVICE RECOGNITION WEEKPRCS/RECREATION POTBELLY 005 $ 162.50 05/19/2014 65125 OTHER COMMODITIESLUNCH FOR RECREATION ADMIN STAFF AS PART OF PUBLIC SERVICE RECOGNITION WEEKPRCS/RECREATION RITE IN THE RAIN $ 117.24 05/19/2014 62490 OTHER PROGRAM COSTSWATERPROOF PAPER AND CARDSTOCK FOR SIGNS, TRAINING MATERIALS AND LOGBOOKSPRCS/RECREATION JEWEL #3428 $ 31.90 05/20/2014 65025 FOOD FRUIT, MEAT, VEGETABLES FOR AFTER-SCHOOL COOKING PROGRAMPRCS/RECREATION LEMOI ACE HARDWARE $ 58.18 05/20/2014 65110 REC PROGRAM SUPPLIES LOCKS, NUTS AND BOLTSPRCS/RECREATION DOLRTREE 673 00006734 $ 11.00 05/20/2014 65110 REC PROGRAM SUPPLIES POTTING SOIL, PLANTERS, AIR FRESHENERS FOR MARKETPRCS/RECREATION EMERGENCY MEDICAL PROD $ 206.18 05/21/2014 65110 REC PROGRAM SUPPLIES FIRST AID SUPPLIESPRCS/RECREATION EMERGENCY MEDICAL PROD $ (252.23) 05/21/2014 65110 REC PROGRAM SUPPLIES FIRST AID SUPPLIES - CORRECTIONPRCS/RECREATION MICHAELS STORES 8625 $ 4.49 05/21/2014 65110 REC PROGRAM SUPPLIES HAND PUNCH FOR SPUD CLUBPRCS/RECREATION MICHAELS STORES 8625 $ 44.77 05/23/2014 65110 REC PROGRAM SUPPLIES BALL JARS FOR SPUD CLUBPRCS/RECREATION WW GRAINGER $ 988.90 05/23/2014 65110 REC PROGRAM SUPPLIES FIVE REPLACEMENT MARINE RADIOS FOR LAKEFRONTPRCS/RECREATION MOTION WATER SPORTS IN $ 139.98 05/23/2014 65110 REC PROGRAM SUPPLIES REPLACEMENT TUBESPRCS/RECREATION AMAZON.COM $ 19.90 05/23/2014 65110 REC PROGRAM SUPPLIES TUBE REPAIR KITPRCS/RECREATION LEMOI ACE HARDWARE $ 21.34 05/26/2014 65040 JANITORIAL SUPPLIES CLEANING SUPPLIES FOR THE LAKEFRONTPRCS/RECREATION EMERGENCY MEDICAL PROD $ 46.05 05/26/2014 65110 REC PROGRAM SUPPLIES FIRST AID SUPPLIES (BEACHES/LAKEFRONT)PRCS/RECREATION EMERGENCY MEDICAL PROD $ 92.10 05/26/2014 65110 REC PROGRAM SUPPLIES FIRST AID SUPPLIES -ARTS PROGRAMSPRCS/RECREATION EMERGENCY MEDICAL PROD $ 114.17 05/26/2014 65110 REC PROGRAM SUPPLIES FIRST AID SUPPLIES FOR SOFTBALL/PARK PROGRAMSPRCS/RECREATION TARGET 00008664 $ 32.00 05/26/2014 65110 REC PROGRAM SUPPLIES MINI GROW KITS FOR SPUD CLUBPRCS/RECREATION TICKET SUPPLIES $ 113.39 05/26/201465045 LICENSING/REGULATORY SUPPLIESNUMBERED TICKETS FOR BEACH DAILY FEESPRCS/RECREATIONWW GRAINGER $ 284.40 05/26/201465050 BUILDING MAINTENANCE MATERIALREPLACEMENT STEEL CHAIN FOR DEMPSTER TO SECURE BOATSPRCS/RECREATIONKWIK TEK $ 369.11 05/26/2014 65110 REC PROGRAM SUPPLIES REPLACEMENT TUBESPRCS/RECREATIONAMAZON.COM $ 171.68 05/28/2014 65125 OTHER COMMODITIES2 CYCLE OUTBOARD OILPRCS/RECREATIONCARBON LESS ON DEMAND $ 305.00 05/28/2014 65110 REC PROGRAM SUPPLIES BEACH TOKEN SALES RECEIPT FORMSPRCS/RECREATIONLOWES #01748 $ 179.06 05/28/2014 65040 JANITORIAL SUPPLIESBROOMS, GARBAGE BAGS, ACETONEPRCS/RECREATIONAMAZON MKTPLACE PMTS $ 58.61 05/28/2014 65040 JANITORIAL SUPPLIESGALVANIZED S-HOOKS FOR BUOYSJuly 14, 2014Page 20 of 2563 of 728 Bank of America Credit Card Statement for the Period ending May 31, 2014PRCS/RECREATION AMAZON.COM $ 25.98 05/28/2014 65110 REC PROGRAM SUPPLIES MASK, FINS AND SNORKELSPRCS/RECREATION AMAZON.COM $ 150.91 05/28/2014 65110 REC PROGRAM SUPPLIES THE REST OF THE SNORKEL ORDERPRCS/RECREATION AMAZON MKTPLACE PMTS $ 1.54 05/29/2014 65110 REC PROGRAM SUPPLIES INFLATER NEEDLESPRCS/RECREATION PCI PATTERSON MEDICAL $ 395.05 05/29/2014 65075 MEDICAL & LAB SUPPLIES MEDICAL SUPPLIES FOR CAMP AND PROGRAMSPRCS/RECREATION SPIKEBALL $ 125.99 05/29/2014 65110 REC PROGRAM SUPPLIES SPIKE BALL SETPRCS/RECREATION THE HOME DEPOT 1902 $ 67.89 05/29/2014 65110 REC PROGRAM SUPPLIES TAPE AND VELCRO FOR SIGNSPRCS/RECREATION AMAZON MKTPLACE PMTS $ 42.99 05/30/2014 65040 JANITORIAL SUPPLIES BENCH VISEPRCS/RECREATION AMAZON MKTPLACE PMTS $ 14.04 05/30/2014 65110 REC PROGRAM SUPPLIES HAND "BIKE STYLE" PUMP FOR BALLSPRCS/RECREATION OFFICE MAX $ 42.48 05/30/2014 65110 REC PROGRAM SUPPLIES LABEL TAPE FOR LABEL MAKERPRCS/RECREATION ANNAPOLIS PERFORMANCE $ 239.85 05/30/2014 65110 REC PROGRAM SUPPLIES THE REST OF THE SAILING BUOPYSPRCS/YOUTH ENGAGEMENT UIC PARKING MSPS $ 13.00 05/01/2014 62295 TRAINING & TRAVELPARKING FOR EDUCATION SUMMIT AT UIC FORUMPRCS/YOUTH ENGAGEMENTPARKINGMETER7 87724279 $ 4.00 05/01/2014 62295 TRAINING & TRAVELPARKING FOR EDUCATION SUMMIT AT UIC FORUMPRCS/YOUTH ENGAGEMENTUIC PARKING MSPS $ 13.00 05/01/2014 62295 TRAINING & TRAVELUNITED WAY OF METROPOLITAN CHICAGO 2014 EDUCATION SUMMIT PARKING FEEPRCS/YOUTH ENGAGEMENT SPOTHERO PARKING $ 15.00 05/05/2014 62295 TRAINING & TRAVELPARKING FEE FOR COOK COUNTY VIOLENCE PREVENTION, INTERVENTION AND REDUCTION GRANT MEETING 69 WEST WASHINGTON CHICAGO, IL 60602PUBLIC WORKS/ADMIN OFFICE MAX $ 134.95 05/01/2014 65095 OFFICE SUPPLIES EASELS FOR ENGINEERINGPUBLIC WORKS/ADMIN EVANSTON IMPRINTABLES $ 811.24 05/01/2014 65625 FURNITURES AND FIXTURES GLOVES FOR ARBOR DAYPUBLIC WORKS/ADMIN CITY OF EVANSTON-SH $ 2.00 05/02/2014 62295 TRAINING & TRAVEL PARKINGPUBLIC WORKS/ADMIN MEATBALL KITCHEN $ 29.22 05/05/2014 62295 TRAINING & TRAVEL APWA SNOW CONFERENCEPUBLIC WORKS/ADMIN GIORDANO`S OF EVANSTON $ 54.20 05/05/2014 62295 TRAINING & TRAVELMEETINGPUBLIC WORKS/ADMINGFS MKTPLC #1915 $ 84.93 05/05/2014 62295 TRAINING & TRAVELMEETINGPUBLIC WORKS/ADMINSQ EVANSTON CHICKEN S $ 200.00 05/05/2014 62295 TRAINING & TRAVELSNOW APPRECIATIONPUBLIC WORKS/ADMINBENNISONS BAKERY INC $ 300.00 05/05/2014 62295 TRAINING & TRAVELSNOW APPRECIATIONPUBLIC WORKS/ADMIND & D FINER FOODS $ 500.00 05/05/2014 65625 FURNITURES AND FIXTURES SNOW APPRECIATIONPUBLIC WORKS/ADMINBUMPER TO BUMPER EVANS $ 200.00 05/05/201462415 DEBRIS REMOVAL CONTRACTUALSNOW APPRECIATION - GIFT CARDSPUBLIC WORKS/ADMINPRAIRIE MOON $ 300.00 05/05/201462415 DEBRIS REMOVAL CONTRACTUALSNOW APPRECIATION - GIFT CARDSPUBLIC WORKS/ADMINDIXIE KITCHEN & BAIT S $ 200.00 05/05/201462415 DEBRIS REMOVAL CONTRACTUALSNOW APPRECIATION - GIFT CARDSPUBLIC WORKS/ADMINPANINO'S PIZZERIA OR $ 200.00 05/05/201462415 DEBRIS REMOVAL CONTRACTUALSNOW APPRECIATION - GIFT CARDSPUBLIC WORKS/ADMINOLD NEIGHBORHOOD GRILL $ 300.00 05/05/201462415 DEBRIS REMOVAL CONTRACTUALSNOW APPRECIATION - GIFT CARDSPUBLIC WORKS/ADMINTHE PONY SHOP INC $ 500.00 05/05/201462415 DEBRIS REMOVAL CONTRACTUALSNOW APPRECIATION - GIFT CARDSPUBLIC WORKS/ADMINHECKY'S BARBECUE $ 500.00 05/05/201462415 DEBRIS REMOVAL CONTRACTUALSNOW APPRECIATION - GIFT CARDSPUBLIC WORKS/ADMINEDZOS BURGER SHOP $ 375.00 05/05/2014 65625 FURNITURES AND FIXTURES SNOW APPRECIATION - GIFT CARDSPUBLIC WORKS/ADMINWHEEL & SPROCKET $ 500.00 05/05/2014 65625 FURNITURES AND FIXTURES SNOW APPRECIATION - GIFT CARDSPUBLIC WORKS/ADMINHAROLD'S TRUE VALUE HD $ 500.00 05/05/2014 65625 FURNITURES AND FIXTURES SNOW APPRECIATION - GIFT CARDSPUBLIC WORKS/ADMINGIGIO S PIZZERIA $ 300.00 05/05/2014 65625 FURNITURES AND FIXTURES SNOW APPRECIATION - GIFT CARDSPUBLIC WORKS/ADMINLINZ AND VAIL CENTRAL $ 300.00 05/05/2014 65625 FURNITURES AND FIXTURES SNOW APPRECIATION - GIFT CARDSPUBLIC WORKS/ADMINPECKISH PIG $ 20.00 05/05/2014 65625 FURNITURES AND FIXTURES SNOW APPRECIATION - GIFT CARDSJuly 14, 2014Page 21 of 2564 of 728 Bank of America Credit Card Statement for the Period ending May 31, 2014PUBLIC WORKS/ADMIN PECKISH PIG $ 20.00 05/05/2014 65625 FURNITURES AND FIXTURES SNOW APPRECIATION - GIFT CARDSPUBLIC WORKS/ADMIN PECKISH PIG $ 20.00 05/05/2014 65625 FURNITURES AND FIXTURES SNOW APPRECIATION - GIFT CARDSPUBLIC WORKS/ADMIN PECKISH PIG $ 20.00 05/05/2014 65625 FURNITURES AND FIXTURES SNOW APPRECIATION - GIFT CARDSPUBLIC WORKS/ADMIN PECKISH PIG $ 20.00 05/05/2014 65625 FURNITURES AND FIXTURES SNOW APPRECIATION - GIFT CARDSPUBLIC WORKS/ADMIN PECKISH PIG $ 20.00 05/05/2014 65625 FURNITURES AND FIXTURES SNOW APPRECIATION - GIFT CARDSPUBLIC WORKS/ADMIN PECKISH PIG $ 20.00 05/05/2014 65625 FURNITURES AND FIXTURES SNOW APPRECIATION - GIFT CARDSPUBLIC WORKS/ADMIN PECKISH PIG $ 20.00 05/05/2014 65625 FURNITURES AND FIXTURES SNOW APPRECIATION - GIFT CARDSPUBLIC WORKS/ADMIN PECKISH PIG $ 20.00 05/05/2014 65625 FURNITURES AND FIXTURES SNOW APPRECIATION - GIFT CARDSPUBLIC WORKS/ADMIN PECKISH PIG $ 20.00 05/05/2014 65625 FURNITURES AND FIXTURES SNOW APPRECIATION - GIFT CARDSPUBLIC WORKS/ADMIN SWANA $ 240.00 05/05/2014 65625 FURNITURES AND FIXTURES SNOW APPRECIATION - GIFT CARDSPUBLIC WORKS/ADMIN LOVES COUNTRY 00003913 $ 32.50 05/06/2014 62295 TRAINING & TRAVEL APWA SNOW CONFERENCEPUBLIC WORKS/ADMIN MEATBALL KITCHEN $ 27.42 05/06/2014 62295 TRAINING & TRAVEL APWA SNOW CONFERENCEPUBLIC WORKS/ADMIN BESTBUY.COM 00009944 $ 1,899.96 05/06/201462415 DEBRIS REMOVAL CONTRACTUALSNOW APPRECIATIONPUBLIC WORKS/ADMINJTS BAR AND GRILL CATE $ 200.00 05/06/2014 65625 FURNITURES AND FIXTURES SNOW APPRECIATION - GIFT CARDSPUBLIC WORKS/ADMINCPS SIXTH & ELM #0003 $ 10.00 05/07/2014 62295 TRAINING & TRAVELCPS - PARKING SNOW CONFERENCEPUBLIC WORKS/ADMINHAMPTON INNS $ 301.40 05/07/2014 62295 TRAINING & TRAVELLODGING SNOW CONFERENCEPUBLIC WORKS/ADMINHAMPTON INNS $ 319.40 05/07/2014 62295 TRAINING & TRAVELLODGING SNOW CONFERENCE - HANK DANIELSPUBLIC WORKS/ADMINEINSTEIN BROS BAGELS13 $ 61.96 05/07/2014 62295 TRAINING & TRAVELMEETINGPUBLIC WORKS/ADMINDOWNTOWN EVANSTON $ 2,475.00 05/07/201462415 DEBRIS REMOVAL CONTRACTUALSNOW APPRECIATIONPUBLIC WORKS/ADMINPILOT 00000349 $ 42.00 05/07/2014 62295 TRAINING & TRAVELSNOW CONFERENCEPUBLIC WORKS/ADMINTHE HOME DEPOT 1902 $ 59.53 05/07/2014 65095 OFFICE SUPPLIESSUPPLIESPUBLIC WORKS/ADMINITR GARY TOLLS $ 0.70 05/08/2014 62295 TRAINING & TRAVELTOLL SNOW CONFERENCEPUBLIC WORKS/ADMINDOWNTOWN EVANSTON $ 77.00 05/09/201462415 DEBRIS REMOVAL CONTRACTUALSNOW APPRECIATION - GIFT CARDSPUBLIC WORKS/ADMINROTARY CATERIN15284995 $ 481.49 05/12/2014 62295 TRAINING & TRAVELMEETINGPUBLIC WORKS/ADMINBESTBUY.COM 00009944 $ 399.99 05/12/2014 65625 FURNITURES AND FIXTURES SNOW APPRECIATIONPUBLIC WORKS/ADMINAMERICAN PUBLIC WORKS $ 50.00 05/14/2014 62360 MEMBERSHIP DUESMEMBERSHIPPUBLIC WORKS/ADMINTARGET.COM $ 288.89 05/15/2014 65625 FURNITURES AND FIXTURES SNOW APPRECIATIONPUBLIC WORKS/ADMINTARGET.COM $ 478.07 05/16/2014 65625 FURNITURES AND FIXTURES SNOW APPRECIATIONPUBLIC WORKS/ADMINBESTBUY.COM 00009944 $ 584.99 05/16/2014 65625 FURNITURES AND FIXTURES SNOW APPRECIATIONPUBLIC WORKS/ADMINWORLDPOINT ECC $ 99.70 05/19/201465050 BUILDING MAINTENANCE MATERIALAED SUPPLIESPUBLIC WORKS/ADMINGFS MKTPLC #1915 $ (7.07) 05/20/2014 62295 TRAINING & TRAVELCREDITPUBLIC WORKS/ADMINFOOD4LESS #0558 $ 22.72 05/20/2014 62295 TRAINING & TRAVELMEETINGPUBLIC WORKS/ADMINGFS MKTPLC #1915 $ 73.95 05/20/2014 62295 TRAINING & TRAVELTRAININGPUBLIC WORKS/ADMINTAGS BAKERY $ 24.15 05/21/2014 62295 TRAINING & TRAVELMEETINGPUBLIC WORKS/ADMINTAGS BAKERY $ 83.59 05/21/2014 62295 TRAINING & TRAVELMEETINGSPUBLIC WORKS/ADMIND & D FINER FOODS $ 47.94 05/26/2014 62295 TRAINING & TRAVELSNOW APPRECIATIONJuly 14, 2014Page 22 of 2565 of 728 Bank of America Credit Card Statement for the Period ending May 31, 2014PUBLIC WORKS/ADMIN JIMMY JOHNS - 44 - MOT $ 47.50 05/30/2014 62295 TRAINING & TRAVEL MEETINGS/TRAININGPUBLIC WORKS/ADMIN JEWEL #3456 $ 16.99 05/30/2014 62295 TRAINING & TRAVELSNOW APPRECIATIONPUBLIC WORKS/FLEETNOR NORTHERN TOOL $ 116.94 05/02/2014 65085 MINOR EQUIP & TOOLSWELDING JACKET FOR SHOP USEPUBLIC WORKS/FLEETWALGREENS #2619 $ 13.19 05/07/2014 65060 MATERIALS TO MAINTAIN AUTOS DISTILLED WATER FOR BATTERIESPUBLIC WORKS/FLEETWAYTEK $ 43.09 05/07/2014 65060 MATERIALS TO MAINTAIN AUTOS RED ROCKER SWITCHESPUBLIC WORKS/FLEETIL WEB PLATE RENEWAL $ 103.25 05/12/201465045 LICENSING/REGULATORY SUPPLIESLICENSE PLATE RENEWAL #444PUBLIC WORKS/FLEET500 W MONROE STREET $ 34.00 05/12/2014 62295 TRAINING & TRAVELPARKING GARAGE CHARGE FROM TRAINING ON 5/9/14PUBLIC WORKS/FLEETIMPERIAL SUPPLIES $ 118.07 05/12/2014 65060 MATERIALS TO MAINTAIN AUTOS SEAL A CRIMP AND AIR LINE ELBOWSPUBLIC WORKS/FLEETIMPERIAL SUPPLIES $ 118.05 05/14/2014 65060 MATERIALS TO MAINTAIN AUTOS GREASE FITTINGSPUBLIC WORKS/FLEETIMPERIAL SUPPLIES $ 165.50 05/14/2014 65060 MATERIALS TO MAINTAIN AUTOS VITON O-RING ASSORTMENTPUBLIC WORKS/FLEETTOOLUP.COM $ 866.48 05/15/2014 65085 MINOR EQUIPMENT AND TOOLS DRILL PRESS FOR SHOPPUBLIC WORKS/FLEETIMPERIAL SUPPLIES $ 79.04 05/15/2014 65060 MATERIALS TO MAINTAIN AUTOS SEAL A CRIMP ASSORTMENTPUBLIC WORKS/FLEETIMPERIAL SUPPLIES $ 111.02 05/16/2014 65060 MATERIALS TO MAINTAIN AUTOS GREASE FITTINGS AND LOCK NUTSPUBLIC WORKS/FLEETUSPS 16262295 TRAINING & TRAVEL523301906 $ 19.60 05/16/2014 62315 POSTAGESTAMPS FOR FLEET TO SEND OUT FUEL BILLS AND ANY OTHER CORRESPONDENCEPUBLIC WORKS/FLEET UPS 1Z07F72F0290044424 $ 16.96 05/19/201465045 LICENSING/REGULATORY SUPPLIESCHARGE TO SEND TITLES FOR AUCTIONPUBLIC WORKS/FLEETZORO TOOLS INC $ 30.18 05/19/2014 65060 MATERIALS TO MAINTAIN AUTOS HEADLIGHT BULBSPUBLIC WORKS/FLEETIL WEB PLATE RENEWAL $ 56.25 05/19/201465045 LICENSING/REGULATORY SUPPLIESLICENSE PLATE RENEWAL #605PUBLIC WORKS/FLEETIL WEB PLATE RENEWAL $ 56.25 05/19/201465045 LICENSING/REGULATORY SUPPLIESLICENSE PLATE RENEWAL #606PUBLIC WORKS/FLEETGLOVEAMERICA.COM $ 652.50 05/19/2014 65090 SAFETY EQUIPMENTRUBBER GLOVESPUBLIC WORKS/FLEETWALGREENS #2619 $ 13.06 05/20/2014 65060 MATERIALS TO MAINTAIN AUTOS DISTILLED WATER IN GALLONSPUBLIC WORKS/FLEETSOL SNAP-ON INDUSTRIAL $ 261.30 05/20/2014 65085 MINOR EQUIP & TOOLSFILTERS FOR A/C CHARGING MACHINEPUBLIC WORKS/FLEETWW GRAINGER $ 24.71 05/21/2014 65060 MATERIALS TO MAINTAIN AUTOS HYDRAULIC COUPLERPUBLIC WORKS/FLEETTHE HOME DEPOT 1902 $ 15.96 05/22/2014 65060 MATERIALS TO MAINTAIN AUTOS DRAWER SLIDESPUBLIC WORKS/FLEETNOR NORTHERN TOOL $ 36.94 05/22/2014 65085 MINOR EQUIP & TOOLSTOW TIRE REPAIR KITPUBLIC WORKS/FLEETNOR NORTHERN TOOL $ 31.30 05/26/2014 65060 MATERIALS TO MAINTAIN AUTOS HYDRAULIC GAUGESPUBLIC WORKS/FLEETUPS 1Z07F72F0393707237 $ 7.58 05/26/2014 65060 MATERIALS TO MAINTAIN AUTOS SHIPPING TO SEND BACK PARTSPUBLIC WORKS/FLEETAMAZON MKTPLACE PMTS $ 154.70 05/26/2014 65085 MINOR EQUIPMENT AND TOOLS WHEEL SEPERATOR TOOLPUBLIC WORKS/FLEETAMERICAN PUBLIC WORKS $ 280.00 05/28/2014 22695 MISCELLANEOUS PAYABLES APWA CONFERENCEPUBLIC WORKS/FLEETASA ILLINOIS $ 70.00 05/29/2014 62295 TRAINING & TRAVELASA REGISTRATION FEEPUBLIC WORKS/FLEETIMPERIAL SUPPLIES $ (49.87) 05/29/2014 65060 MATERIALS TO MAINTAIN AUTOS CREDIT FOR RETURNED PARTSPUBLIC WORKS/FLEETAMAZON.COM $ 20.86 05/30/2014 65060 MATERIALS TO MAINTAIN AUTOS WIRE CLIPSPUBLIC WORKS/ST&SANITATIONPAYPAL BKLOSKOWSKI $ 146.85 05/06/2014 65085 MINOR EQUIP & TOOLSPOTHOLE BROOMSPUBLIC WORKS/ST&SANITATIONTHE HOME DEPOT 1902 $ 499.97 05/08/2014 65085 MINOR EQUIP & TOOLSSMALL TOOLS, DRILLS, SAW BLADESPUBLIC WORKS/ST&SANITATIONCITY WELDING SALES AND $ 489.50 05/12/2014 65085 MINOR EQUIP & TOOLSPROPANE FOR HOT BOXESPUBLIC WORKS/ST&SANITATIONLEMOI ACE HARDWARE $ 12.46 05/13/2014 65085 MINOR EQUIP & TOOLSPAD LOCKPUBLIC WORKS/ST&SANITATIONCONTINENTAL RESEARCH C $ 801.39 05/20/2014 65085 MINOR EQUIP & TOOLSCHEMICALS, SAFETY SUPPLIESJuly 14, 2014Page 23 of 2566 of 728 Bank of America Credit Card Statement for the Period ending May 31, 2014PUBLIC WORKS/ST&SANITATION THE HOME DEPOT 1902 $ 95.02 05/22/2014 65085 MINOR EQUIP & TOOLSLAG SHIELDS, HARDWAREPUBLIC WORKS/ST&SANITATIONMICHAEL TODD $ 834.72 05/22/2014 65085 MINOR EQUIP & TOOLSTOOLS, SHOVELS, RAKES, ASPHALT RAKEPUBLIC WORKS/ST&SANITATIONBUY THE YARD $ 58.00 05/23/201465055 MATERIALS TO MAINTAIN IMPROVEMENTSCLEAN DIRTPUBLIC WORKS/ST&SANITATIONMONROE TRUCK EQUIP $ 588.18 05/23/2014 65625 FURNITURES AND FIXTURES ROAD TEMP DEVICE (SNOW AND ICE)PUBLIC WORKS/ST&SANITATIONTHE HOME DEPOT 1902 $ 96.21 05/26/2014 65085 MINOR EQUIP & TOOLSPLASTIC CATCH BASIN, SAFETY TAPEPUBLIC WORKS/TRANSTHE HOME DEPOT 1902 $ 11.25 05/07/2014 62245 AUTOMOTIVE EQ MAINT NAIL GUN CARTRIDGESPUBLIC WORKS/TRANSRADIOSHACK COR00164145 $ 6.98 05/08/2014 65085 MINOR EQUIP & TOOLSFUSES FOR ELECTRONIC SPEED SIGNSPUBLIC WORKS/TRANSWORK AREA PROTECTION $ 1,225.00 05/14/2014 65115 TRAFFIC CONTROL SUPPLIES TRAFFIC CONES FOR SPECIAL EVENTSPUBLIC WORKS/TRANSWW GRAINGER $ 643.20 05/15/201465070 OFFICE/OTHER EQ TO MAINTN MATERIALELECTRICAL TAPE AND STREET LIGHT FUSESPUBLIC WORKS/TRANSTHE HOME DEPOT 1902 $ 251.22 05/19/2014 65085 MINOR EQUIP & TOOLSBATTTERIES, GLOVES AND MISC. HAND TOOLSPUBLIC WORKS/TRANSTHE HOME DEPOT 1902 $ 19.98 05/19/2014 62245 OTHER EQ MAINTTAPCON BOLTSPUBLIC WORKS/TRANSTRAFFIC CONTROL AND PR $ 553.90 05/29/2014 65115 TRAFFIC CONTROL SUPPLIES LETTER AND ROLL SHEETING FOR STREET NAME SIGNSPUBLIC WORKS/TRANSBLACKBURN MANUFACTURIN $ 1,373.40 05/30/201465070 OFFICE/OTHER EQ TO MAINTN MATERIALUTILITY MARKING PAINTUTILITIES/ADMINSPRNGFIELD HOLIDAY INN $ 234.44 05/01/2014 62295 TRAINING & TRAVELHOTEL ACCOMMODATIONS FOR WATERCON2015 CONFERENCE IN SPRINGFIELD, IL.UTILITIES/ADMIN EVANSTON IMPRINTABLES $ 383.62 05/09/2014 65020 CLOTHINGPOLO SHIRTS FOR STAFF CONDUCTING TOURS OF THE WATER PLANT.UTILITIES/ADMINSAMSCLUB #6444 $ 135.81 05/13/2014 65125 OTHER COMMODITIESFOOD AND BEVERAGES FOR THE PUBLIC SERVICE WEEK BREAKFAST.UTILITIES/ADMINTHE HOME DEPOT 1902 $ 34.08 05/13/2014 62295 TRAINING & TRAVELPAINTING SUPPLIES.UTILITIES/ADMINAMERICAN WATERWORKS $ 73.50 05/15/2014 62295 TRAINING & TRAVELREFERENCE BOOK: AWWA THIRD EDITION, REHABILITATION OF WATER MAINS.UTILITIES/ADMINAMAZON MKTPLACE PMTS $ 26.89 05/16/2014 62295 TRAINING & TRAVELIPAD CASE.UTILITIES/ADMINILLINOIS SECTION AWWA $ 20.00 05/30/2014 62295 TRAINING & TRAVELREGISTRATION FOR ACE2014 SEAPORT TRAINING FOR THE MANAGEMENT ANALYST.UTILITIES/DIST SIUE EMARKET $ 15.00 05/05/2014 62295 TRAINING & TRAVEL LICENSE FEE FOR THE PLUMBING INSPECTOR.UTILITIES/DIST FULLIFE SAFETY $ 378.87 05/05/2014 65020 CLOTHING RUBBER BOOTS.UTILITIES/DIST ZIEBELL WATER SERVI $ 304.90 05/05/2014 65085 MINOR EQUIP & TOOLSWATER MAIN WRENCHES.UTILITIES/DISTBUY THE YARD $ 319.00 05/09/201465055 MATERIALS TO MAINTAIN IMPROVEMENTSBLACK DIRT.UTILITIES/DISTALLEGRA MARKETING PRIN $ 831.00 05/09/2014 65080 MERCHANDISE FOR RESALE PRINTING OF NO PARKING SIGNS FOR CONTRACTORS.UTILITIES/DISTMID AMERCIAN WATER $ 420.00 05/14/201465055 MATERIALS TO MAINTAIN IMPROVEMENTSSMALL B-BOX REPAIR LIDS.UTILITIES/DISTMID AMERCIAN WATER $ 1,286.25 05/14/201465055 MATERIALS TO MAINTAIN IMPROVEMENTSVALVE BOX STABILIZERS.UTILITIES/DISTFREDPRYOR CAREERTRACK $ 79.00 05/22/2014 62295 TRAINING & TRAVELEXCEL TRAINING CLASS FOR THE CLERK II.UTILITIES/DISTWATER RESOURCES INC $ 426.25 05/22/2014 62245 OTHER EQ MAINTMETER TESTING.UTILITIES/DISTMID AMERCIAN WATER $ 722.35 05/30/2014 65080 MERCHANDISE FOR RESALE TAPPING SADDLES.UTILITIES/FILTRATIONTFS FISHER SCI CHI $ 318.78 05/21/2014 65075 MEDICAL & LAB SUPPLIES PETRI DISHES AND FLAMING ALCOHOL FOR DUTCH ELM DISEASE TESTING.UTILITIES/FILTRATIONTFS FISHER SCI CHI $ 25.62 05/22/2014 65075 MEDICAL & LAB SUPPLIES BROMOTHYMOL BLUE FOR BOTTLE QC.UTILITIES/PUMPINGLUFKIN INDUSTRIES, $ 264.17 05/06/2014 65035 PETROLEUM PRODUCTS FILTER FOR #3 HIGH LIFT PUMP RAD.UTILITIES/PUMPINGEPCO PAINT STORE 1252 $ 68.56 05/06/201465070 OFFICE/OTHER EQ TO MAINTN MATERIALPAINT FOR THE SOUTH STANDPIPE CHLORINE BUILDING AND PICNIC TABLES.UTILITIES/PUMPINGCRESCENT ELECTRIC 091 $ 863.32 05/06/2014 65702 WATER GENERAL PLANT WIRE FOR THE SOUTH STANDPIPE LIGHTING UPGRADE.UTILITIES/PUMPINGOFFICE DEPOT #510 $ 273.81 05/08/201465070 OFFICE/OTHER EQ TO MAINTN MATERIALINK AND BINDERS FOR THE MAINTENANCE LOG BOOK UPGRADE.July 14, 2014Page 24 of 2567 of 728 Bank of America Credit Card Statement for the Period ending May 31, 2014UTILITIES/PUMPING ILLINOIS SECTION AWWA $ 32.00 05/08/2014 62295 TRAINING & TRAVEL SCADA 101 SEMINAR FOR THE WATER PLANT OPERATOR.UTILITIES/PUMPING CITY WELDING SALES AND $ (16.38) 05/09/2014 65085 MINOR EQUIP & TOOLS CREDIT FOR ITEM CHARGED ON THE APRIL CREDIT CARD STATEMENT.UTILITIES/PUMPING WW GRAINGER $ 967.09 05/12/201465070 OFFICE/OTHER EQ TO MAINTN MATERIALCLEANING SUPPLIES AND PAPER PRODUCTS.UTILITIES/PUMPINGLAI, LTD $ 1,305.04 05/12/201465070 OFFICE/OTHER EQ TO MAINTN MATERIALPARTS FOR REBUILDING THE HIGH LIFT AND LOW LIFT PUMPS PRIMING POTS.UTILITIES/PUMPINGGFS MKTPLC #1915 $ 293.67 05/13/2014 65125 OTHER COMMODITIESFOOD FOR THE PUBLIC SERVICE WEEK BARBECUE.UTILITIES/PUMPINGCRESCENT ELECTRIC 091 $ (64.54) 05/14/2014 65702 WATER GENERAL PLANTCREDIT FOR TAX CHARGED IN ERROR ON THE APRIL CREDIT CARD STATEMENT.UTILITIES/PUMPING JEWEL #3428 $ 30.69 05/15/2014 65125 OTHER COMMODITIES BEVERAGES AND DESSERT FOR THE PUBLIC SERVICE WEEK BARBECUE.UTILITIES/PUMPING APEX SUPERSTORES INC $ 34.50 05/15/201465070 OFFICE/OTHER EQ TO MAINTN MATERIALNICAD BATTERIES FOR THE MCCORMICK METER VAULT COUNTERS.UTILITIES/PUMPINGAPEX SUPERSTORES INC $ 28.25 05/16/201465070 OFFICE/OTHER EQ TO MAINTN MATERIALNICAD BATTERIES.UTILITIES/PUMPINGPATTEN HAMMOND TRACTOR $ 77.97 05/19/201465070 OFFICE/OTHER EQ TO MAINTN MATERIALOIL SEEDS FOR THE 500KW GENERATOR.UTILITIES/PUMPINGTWACOMM.COM, INC. $ 72.47 05/19/201465070 OFFICE/OTHER EQ TO MAINTN MATERIALTELEPHONE RELAY FOR EXTENSION 6880 (THE AFTER HOURS HOT LINE).UTILITIES/PUMPINGWW GRAINGER $ 49.85 05/20/201465070 OFFICE/OTHER EQ TO MAINTN MATERIALTUBING AND FITTINGS FOR THE 500 KW GENERATOR.UTILITIES/PUMPINGWW GRAINGER $ 196.89 05/20/201465070 OFFICE/OTHER EQ TO MAINTN MATERIALTUBING AND FITTINGS FOR THE 500KW GENERATOR.UTILITIES/PUMPINGWW GRAINGER $ 166.24 05/22/201465070 OFFICE/OTHER EQ TO MAINTN MATERIALTUBING AND FITTINGS FOR THE 500KW GENERATOR.UTILITIES/SEWERAMAZON.COM $ 52.47 05/08/2014 62245 OTHER EQ MAINTIPAD CORDS.UTILITIES/SEWERTHE HOME DEPOT 1902 $ 603.97 05/12/2014 65085 MINOR EQUIP & TOOLSHAMMER DRILL AND BIT FOR THE DISTRIBUTION DIVISION.UTILITIES/SEWERTHE HOME DEPOT 1902 $ 603.97 05/12/2014 65085 MINOR EQUIP & TOOLSHAMMER DRILL AND BIT FOR THE SEWER DIVISION.UTILITIES/SEWERAMAZON.COM $ 70.09 05/13/2014 65085 MINOR EQUIP & TOOLS36" DRILL BIT.UTILITIES/SEWERIN EJ EQUIPMENT, INC. $ 1,121.16 05/21/201465070 OFFICE/OTHER EQ TO MAINTN MATERIALCCTV CORD ADAPTER AND ACCESSORIES.UTILITIES/SEWERA & J SEWER SERVICE $ 684.08 05/21/2014 62230 SVC TO MAINTAIN MAINS GARAGE #7 TRIPLE BASIN PUMPING.UTILITIES/SEWERNSC NORTHERN SAFETY CO $ 87.93 05/22/2014 65090 SAFETY EQUIPMENTWORK GLOVES.UTILITIES/SEWERNSC NORTHERN SAFETY CO $ 409.21 05/22/2014 65090 SAFETY EQUIPMENTWORK GLOVES.UTILITIES/SEWERTHE HOME DEPOT 1902 $ 40.02 05/23/2014 62245 OTHER EQ MAINTSTORAGE CONTAINERS.MAY STATEMENT TOTAL $ 162,353.13 July 14, 2014Page 25 of 2568 of 728 To: Honorable Mayor, Members of the City Council Administration and Public Works Committee From: Suzette Robinson, Director of Public Works Sat Nagar, P.E., City Engineer, Public Works Stefanie Levine, RLA, Senior Project Manager Subject: Recommendation for Professional Consulting Services for the Church Street Boat Ramp Renovation Project – RFP #14-37 Date: July 14, 2014 Recommendation Staff recommends that City Council authorize the City Manager to execute a professional services contract for the Church Street Boat Ramp Renovation Project to SmithGroup JJR (35 E. Wacker, Suite 220, Chicago, IL) at a total cost of $68,000. Funding Sources FY 2014 CIP (Acct. #416127): $350,000 IDNR BAAD Grant: $200,000 Total: $550,000 Discussion The City is planning to undertake a rehabilitation project at the Church Street Boat Launch (located along the lakefront just east of the intersection of Sheridan Road and Church Street) in order to provide a safe launch facility for existing permit holders and City lakefront operations. The project will be funded through an Illinois Department of Natural Resources grant and the City’s CIP. Anticipated improvements for this project include renovations to deteriorated portions of the cast in place boat ramp, central catwalk, south pier and north pier. Due to the project’s technical complexity, design work must be performed by a professional consultant team with expertise in coastal engineering. In order to procure those services, staff issued Request for Proposal (RFP) #14-37 to hire a professional team of consultants to provide the required design solutions. On June 3, 2014, the Memorandum For City Council meeting of July 14, 2014 Item A3.1 Business of the City by Motion: Consultant for Church Street Boat Ramp Project For Action 69 of 728 Purchasing Division received proposals from two professional consulting firms as noted below: Consultant Address SmithGroup JJR 35 E. Wacker Drive, Suite 2200, Chicago, IL 60601 Red Barn Design & Engineering, S.C. 5198 Highway V, DeForest, WI 53532 A committee was developed to review and evaluate the proposals consisting of the following members: Linda Thomas/Purchasing, Joe McRae/Parks, Recreation and Community Services, Bob Dorneker/Parks, Recreation and Community Services, and Stefanie Levine/Public Works. Each committee member individually reviewed the proposals based on evaluation criteria outlined in the project’s RFP as stated below: 1. Qualifications and Expertise (30%) 2. Price (30%) 3. Organization and Completeness of Proposal (10%) 4. Willingness to Execute the City of Evanston’s Standard Agreement (10%) 5. Schedule (10%) 6. M/W/EBE Participation (10%) Following individual review of the proposals, the committee met to discuss their findings. The committees then interviewed the top candidate firm (SmithGroup JJR) which the committee agreed was the most qualified based on their written proposal and demonstrated extensive expertise with similar projects. After the interview, the committee met again to discuss the responses, score the firms and decide which firm to recommend for project award. The committee recommends that SmithGroup JJR be awarded this work based on their depth of experience with similar projects, demonstrated understanding of this project and participation in meeting the City’s M/W/EBE goal. Staff has worked with SmithGroup JJR on prior projects with successful results. A scoring breakdown of the responses received is as follows: Consultant Price Qualifications & Expertise (30) Price (30) Proposal Organization & Completeness (10) Contract (10) Schedule (10) M/W/EBE (10) Total (100) SmithGroup JJR $68,000 29 30 10 10 9 9 97 Red Barn $80,851 25 25 7 10 7 8 82 Based on the scoring results the review committee recommends award of the subject project to SmithGroup JJR at a total cost of $68,000.00. Of all RFP respondents, the committee felt that SmithGroup JJR demonstrated the highest degree of overall 70 of 728 expertise relative to this project and would provide the required services at the best overall value to the City. SmithGroup JJR meets the City’s M/W/EBE participation goal (See attached M/W/EBE memo for additional information). A breakdown of proposed funding for this project is as follows: Item Amount Project Funding $550,000 Expenses / encumbrances to date* -$20,039 Recommended Award -$68,000 Remaining Balance $461,961 * Expenses/encumbrances to date include costs for an evaluation report conducted in spring 2014 to assess the physical condition of the launch facility. The consultant’s tentative schedule is to design the project and prepare construction documents in 2014, bid the project in early 2015 and provide construction administration services in either spring 2015 or fall 2015. ------------------------------------------------------------------------------------- Attachments: MWEBE Memo 71 of 728 To: Suzette Robinson, Director of Public Works Sat Nagar, P.E., Assistant Director of Public Works Stefanie Levine, RLA, Senior Project Manager From: Tammi Turner, Purchasing Manager Subject: Recommendation for Professional Consulting Services for the Church Street Boat Ramp Renovation Project – RFP #14-37 Date: July 14, 2014 The goal of the Minority, Women, and Evanston Business Enterprise Program (M/W/EBE) is to assist such businesses with opportunities to grow. In order to help ensure such growth, the City has established a 25% M/W/EBE subcontracting participation goal for general contractors. With regard to the Church Street Boat Ramp Renovation Project – RFP #14- 37, in the base amount of $68,000.00, the primary contractor SmithGroup JJR, has subcontracted the following: Name of M/W/EBE Scope of Work Contract Amount % MBE WBE EBE McBride Engineering Engineering $ 5,250.00 8% X Wang Engineering Engineering $ 11,000.00 17% X Total M/W/EBE $ 16,250.00 25% SmithGroup JJR will receive credit for 25% M/W/EBE participation. Cc: Marty Lyons, Assistant City Manager/CFO Memorandum Church Street Boat Ramp Renovation Project – RFP #14-37, M/W/EBE Memo, 07.14.2014 72 of 728 For City Council meeting of July 14, 2014 Item A3.2 Business of the City by Motion: Membership in NE Illinois Regional Crime Lab For Action To: Honorable Mayor and Members of the City Council Administration & Public Works Committee From: Chief Richard Eddington Deputy Chief Jeff Jamraz Subject: Request for Agency Membership to the Northeastern Illinois Regional Crime Laboratory Date: July 2, 2014 Recommendation Staff recommends City Council authorize the City Manager to purchase a membership to the Northeastern Illinois Regional Crime Laboratory in the amount of $11,171.58 for the remainder of the year 2014 beginning September 1, 2014, and the amount of $101,059.00 for Fiscal Year 2015. Funding Source: Funding for 2014 is provided by the General Fund (2205.62360) which has a budget of $16,288 for 2014. Funding for 2015 will be provided by General Fund (2215.62360) which will have a proposed budget of $102,000 for the year 2015. Discussion This request is being made for the following reasons. Historically, the Evanston Police Department has used the Illinois State Police Crime Laboratory services to process evidence submitted for analysis. The State has reduced the regional laboratories from three to one. This reduction has caused a significant overload of cases analyzed by their technicians which in turn has greatly affected the turnaround time of analyzed results from weeks, into years. Processing protocol for results are based on the order in which they are received. Over 100 suburban agencies and Chicago Police submit cases weekly to one lab, thus causing significant delays in results. The Northeastern Illinois Regional Crime Laboratory (NIRCL) provides services under an annual paid membership to 44 regional agencies. The greatest advantage to being a member of NIRCL is the relatively low turnaround time of requested analysis. From January to July of 2014, NIRCL has processed 4,048 cases with an overall average turnaround time of 28 hours. Memorandum 73 of 728 Membership costs to NIRCL are based on the municipality’s population size and an annual administrative fee for rent and building operations. The membership cost also includes the destruction of adjudicated drug and firearm cases which are usually separate annual incurred costs to us. Our goal is to establish membership by September 1, 2014 with costs calculated for the third quarter of 2014 and continue annual membership for 2015 and beyond. Starting 9/1/2014 Evanston Population Cost Per Person Annual Membership Administration Fee Total 75,430 (2012) $1.30 $8171.58 $3000.00 $11,171.58 Fiscal Year 2015 Evanston Population Cost Per Person Annual Membership Administration Fee Total 75,430 (2012) $1.30 $98,059.00 $3000.00 $101,059 74 of 728 For City Council meeting of July 1 4, 2014 Item A4 Business of the City by Motion: Change Order No 1 for Finished Water Metering For Action To: Honorable Mayor and Members of the City Council Administration and Public Works Committee From: David Stoneback, Director of Utilities Kristin Rehg, Management Analyst Subject: Approval of Change Order No. 1 for Finished Water Metering Improvements (Bid 13-69) Date: June 25, 2014 Recommended Action: Staff recommends City Council authorize approval of Change Order No. 1 for the Finished Water Metering Improvements (Bid 13-69) with Glenbrook Excavating & Concrete (1350 N. Old Rand Road, Wauconda, IL) to extend the contract by 35 days to October 16, 2014. There will be no change to the contract amount. Funding Source: The project in the amount of $488,494.00 is funded from the Water Fund CIP (733105). It has a total budget allocation of $950,000. Background: This project involves installing a new master flow meter on one of the three feeder mains to Evanston and Skokie. The three existing master flow meters that meter water flow from the treatment plant to Evanston and Skokie were installed in 1949 and 1961, and are reaching the end of their useful life. This project will install a new flow meter on the primary (48-inch diameter) feeder main, which is sized to more accurately measure the range of water flow going to Evanston and Skokie. This project is approximately 20% complete and the early stages have gone well. Analysis: This change order addresses an issue with scheduling. The work will take place on the north side of Lincoln Street, which is one of the main access points to Northwestern’s campus. Therefore, the project was timed such that on-site construction work would begin immediately following Northwestern University’s graduation week (June 23, 2014), to avoid traffic disruption during a heavy traffic period on campus. Subsequently, Memorandum 75 of 728 a public open house was scheduled for July 26, 2014 at the water plant, to celebrate the 100-year anniversary of the original filtration plant. The contractor was scheduled to finish installation of the new flow meter and backfill the excavation by July 23, 2014; however, the street and sidewalk would not have been fully restored until after July 26. Staff determined that this was an unacceptable safety risk considering the high amount of vehicle and pedestrian traffic expected on July 26 for the open house. Therefore, staff recommends extending the construction schedule to begin on-site construction on July 28, immediately following the open house. This results in an extended final completion date of October 16, 2014. The contractor has confirmed that this time extension will not result in any cost increases to the City. Legislative History: The City Council approved contract award to Glenbrook Excavating & Concrete on January 27, 2014. Attachments: Change Order No. 1 76 of 728 77 of 728 For City Council meeting of July 14, 2014 Item A5 Business of the City by Motion: FY2013 Audited Annual Financial Report Accept and Place on File To: Honorable Mayor and Members of the City Council Administration and Public Works Committee From: Martin Lyons, Assistant City Manager/Treasurer Hitesh Desai, Accounting Manager Subject: FY2013 Audited Annual Financial Report Date: July 8, 2014 Recommended Action: Staff recommends that the FY2013 Audited Annual Financial Report be accepted and placed on file. Funding Source: Not Applicable Summary: Each year the City completes an independent audit of our financial performance for the prior year. Under separate cover you have received the following documents: • FY2013 Audited Annual Financial Report- This report provides a complete listing of all financial activities of the City of Evanston for the 2013 fiscal year. This report presents the governmental fund balance in revised categories required under GASB (Governmental Accounting Standards Board) Statement 54. This report can be accessed at: http://www.cityofevanston.org/transparency/budget-financial-reports/ • The Communications from Auditor to Management and the City Council- This communication includes all comments from our independent Auditor, Baker Tilly Virchow Krause, LLP. The Communication also covers upcoming changes mandated by GASB statements. Once again the City is receiving an unqualified opinion, meaning our Financial Report fairly states the city’s financial position in the opinion of the Auditor. Memorandum 78 of 728 The Communication from Auditors includes many suggestions for improvement in accounting and finance operations and includes staff responses to these comments and findings. The Auditors have one new comment about adjusting the Sewer Fund revenues and receivables for Fiscal Year 2013 for the payment received from MWRD. The City received the above payment in the month of March 2014, and as the MWRD didn’t the make the final acceptance (for payment) until 2014, the finance staff recorded the funds as grant revenues in FY 2014. The Auditors wanted the amount to be included in FY2013 as the payment was a reimbursement for work done in summer of 2013. All other comments are repeat notations for which the City has responded with some positive changes from the previous reports. Attachments: FY2013 Comprehensive Annual Financial Report Communication to Those Charged With Governance and Management 79 of 728 80 of 728 CITY OF EVANSTON, ILLINOIS COMPREHENSIVE ANNUAL FINANCIAL REPORT FOR THE YEAR ENDED December 31, 2013 Prepared by Administrative Services Department -1-81 of 728 CITY OF EVANSTON, ILLINOIS Table of Contents PAGE Principal Officials 7 Organization Chart 8 Letter of Transmittal 9 Certificate of Achievement for Excellence in Financial Reporting 17 INDEPENDENT AUDITORS' REPORT ON THE FINANCIAL STATEMENTS 19 MANAGEMENT'S DISCUSSION AND ANALYSIS 23 BASIC FINANCIAL STATEMENTS Statement of Net Position 32 Statement of Activities 34 Governmental Funds Balance Sheet 36 Governmental Funds Statement of Revenues, Expenditures, and Changes in Fund Balances 37 Reconciliation of the Statement of Revenues, Expenditures, and Changes in Fund Balances of Governmental Funds to the Statement of Activities 38 Proprietary Funds Statement of Net Position 39 Proprietary Funds Combining Statement of Revenues, Expenses, and Changes in Fund Net Position 41 Proprietary Funds Statement of Cash Flows 42 Fiduciary Funds - Statement of Net Position 44 Fiduciary Funds - Pension Trust Funds - Statement of Changes in Plan Net Position 45 Notes to the Financial Statements Index for Notes to the Financial Statements 46 Notes to the Financial Statements 49 REQUIRED SUPPLEMENTARY INFORMATION Firefighters' Pension Fund, Police Pension Fund, Illinois Municipal Retirement Fund and Post Employment Benefits other than Pension - Schedules of Funding Progress 108 Firefighters' and Police Pension Funds - Schedules of Employer Contribution 109 General Fund - Schedule of Revenues, Expenditures, and Changes in Fund Balance - Budget and Actual (Budgetary Basis)110 Notes to the Required Supplementary Information Digest of Changes - IMRF 111 Conversion from GAAP basis to Budgetary basis 111 INTRODUCTORY SECTION FINANCIAL SECTION -2-82 of 728 CITY OF EVANSTON, ILLINOIS Table of Contents PAGE GOVERNMENTAL FUND TYPES Nonmajor Governmental Funds Combining Balance Sheet 114 Nonmajor Governmental Funds Combining Statements of Revenues, Expenditures, and Changes in Fund Balances 119 GENERAL FUND Schedule of Revenues - Budget and Actual (Budgetary Basis) 124 Schedule of Expenditures - Budget and Actual (Budgetary Basis) 130 CAPITAL PROJECTS FUNDS Capital Improvements Schedule of Revenues, Expenditures, and Changes in Fund Balance - Budget and Actual (Budgetary Basis) 132 SPECIAL REVENUE FUNDS Motor Fuel Tax Fund Schedule of Revenues, Expenditures, and Changes in Fund Balance - Budget and Actual (Budgetary Basis) 133 Economic Development Fund Schedule of Revenues, Expenditures, and Changes in Fund Balance - Budget and Actual (Budgetary Basis) 134 Emergency Telephone System Fund Schedule of Revenues, Expenditures, and Changes in Fund Balance - Budget and Actual (Budgetary Basis) 135 Neighborhood Improvement Schedule of Revenues, Expenditures, and Changes in Fund Balance - Budget and Actual (Budgetary Basis) 136 Affordable Housing Fund Schedule of Revenues, Expenditures, and Changes in Fund Balance - Budget and Actual (Budgetary Basis) 137 HOME Fund Schedule of Revenues, Expenditures, and Changes in Fund Balance - Budget and Actual (Budgetary Basis) 138 Community Development Block Grant Fund Schedule of Revenues, Expenditures, and Changes in Fund Balance - Budget and Actual (Budgetary Basis) 139 Schedule of Expenditures - Budget and Actual (Budgetary Basis) 140 Community Development Loan Schedule of Revenues, Expenditures, and Changes in Fund Balance - Budget and Actual (Budgetary Basis) 142 Neighborhood Stabilization Program 2 Schedule of Revenues, Expenditures, and Changes in Fund Balance - Budget and Actual (Budgetary Basis) 143 COMBINING AND INDIVIDUAL FUND STATEMENTS AND SCHEDULES -3-83 of 728 CITY OF EVANSTON, ILLINOIS Table of Contents PAGE Special Service District No. 4 Fund Schedule of Revenues, Expenditures, and Changes in Fund Balance - Budget and Actual (Budgetary Basis) 144 Township - Town Fund Schedule of Revenues, Expenditures, and Changes in Fund Balance - Budget and Actual 145 Township - General Assistance Fund Schedule of Revenues, Expenditures, and Changes in Fund Balance - Budget and Actual 146 CAPITAL PROJECTS FUNDS Special Assessment Capital Projects Fund Schedule of Revenues, Expenditures, and Changes in Fund Balance - Budget and Actual 147 DEBT SERVICE FUNDS All Funds Combining Schedule of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual (Budgetary Basis) 148 PROPRIETARY FUND TYPES WATER FUND Schedule of Net Position 151 Schedule of Changes in Net Position - Reserved - Restricted Accounts 152 and Changes in Unreserved Net Position - Budget and Actual 153 Operation and Maintenance Account - Schedule of Operating Revenues Budget and Actual 154 INTERNAL SERVICE FUNDS All Funds Combining Statement of Net Position 156 Combining Statement of Revenues, Expenses, and Changes in Net Position 157 Combining Statement of Cash Flows 158 EVANSTON LIBRARY COMPONENT UNIT Statement of Net Position 161 Statement of Activities 162 Library Operating Fund 163 COMBINING AND INDIVIDUAL FUND STATEMENTS AND SCHEDULES (Continued) Schedule of Revenues, Expenditures and Changes in Fund Balance (Budgetary Basis) -4-84 of 728 CITY OF EVANSTON, ILLINOIS Table of Contents PAGE 166 167 168 169 Equalized Assessed Value and Actual Value of Taxable Property 170 Principal Property Taxpayers 171 Property Tax Levies and Collections (City) - Last Ten Levy Years 172 Ratio of General Bonded Debt Outstanding 173 Ratio of Outstanding Debt by Type 174 Direct and Overlapping Governmental Activities 175 Pledged - Revenue Coverage 176 Demographic and Economic Statistics - Last Ten Years 177 Principal Property Taxpayers 178 Full-Time Equivalent City Government Employees by Function 179 Property Tax Rates per $100 - Direct and Overlapping Governments 180 Water Sold by Type of Customer (in 100 cubic feet) 181 Water Sold by Major Customers 182 Operating Indicators by Function/Program 183 Capital Assets Statistics by Function 184 Independent Accountants' Report on Compliance - Tax Increment Financing Districts 186 TAX INCREMENT FINANCING DISTRICT REQUIREMENTS Changes in Fund Balances - Governmental Funds STATISTICAL SECTION (UNAUDITED) Net Position by Component Changes in Net Position Fund Balances - Governmental Funds -5-85 of 728 INTRODUCTORY SECTION -6-86 of 728 CITY OF EVANSTON, ILLINOIS Principal Officials December 31, 2013 LEGISLATIVE CITY COUNCIL EXECUTIVE ADMINISTRATIVE SERVICES DEPARTMENT FINANCE DIVISION Martin Lyons, Assistant City Manager / Treasurer Lou Gergits, Finance Division Manager Hitesh Desai, Accounting Manager Wally Bobkiewicz, City Manager Martin Lyons, Assistant City Manager / Treasurer Elizabeth B. Tisdahl, Mayor Judy Fiske Delores A. Holmes Peter Braithwaite Mark Tendam Melissa A. Wynne Jane Grover Donald N. Wilson Ann Rainey Coleen Burrus -7-87 of 728 POLICE CITY MANAGER ADMINISTRATIVE SERVICES PUBLIC WORKS LAW UTILITIES PARKS, RECREATION & COMMUNITY SERVICES COMMUNITY DEVELOPMENT HEALTH CITY OF EVANSTON ORGANIZATION CHART RESIDENTS MAYOR ADVISORY BOARDS AND COMMISSIONS CITY CLERK FIRE -8-88 of 728 -9-89 of 728 -10-90 of 728 -11-91 of 728 -12-92 of 728 -13-93 of 728 -14-94 of 728 -15-95 of 728 -16-96 of 728 -17-97 of 728 FINANCIAL SECTION -18-98 of 728 INDEPENDENT AUDITORS' REPORT ON THE FINANCIAL STATEMENTS -19-99 of 728 -1- Baker Tilly Virchow Krause, LLP 1301 W 22nd St, Ste 400 Oak Brook, IL 60523-3389 tel 630 990 3131 fax 630 990 0039 bakertilly.com INDEPENDENT AUDITORS' REPORT To the Honorable Elizabeth B. Tisdahl, Mayor and Members of the City Council City of Evanston Evanston, Illinois Report on the Financial Statements We have audited the accompanying financial statements of the governmental activities, the business-type activities, the discretely presented component unit, each major fund, and the aggregate remaining fund information of the City of Evanston, Illinois, as of and for the year ended December 31, 2013, and the related notes to the financial statements, which collectively comprise the City of Evanston's basic financial statements as listed in the table of contents. Management’s Responsibility for the Financial Statements Management is responsible for the preparation and fair presentation of these financial statements in accordance with accounting principles generally accepted in the United States of America; this includes the design, implementation, and maintenance of internal control relevant to the preparation and fair presentation of financial statements that are free from material misstatement, whether due to fraud or error. Auditors' Responsibility Our responsibility is to express opinions on these financial statements based on our audit. We conducted our audit in accordance with auditing standards generally accepted in the United States of America and the standards applicable to financial audits contained in Government Auditing Standards, issued by the Comptroller General of the United States. Those standards require that we plan and perform the audit to obtain reasonable assurance about whether the financial statements are free from material misstatement. An audit involves performing procedures to obtain audit evidence about the amounts and disclosures in the financial statements. The procedures selected depend on the auditors' judgment, including the assessment of the risks of material misstatement of the financial statements, whether due to fraud or error. In making those risk assessments, the auditor considers internal control over financial reporting relevant to the City of Evanston's preparation and fair presentation of the financial statements in order to design audit procedures that are appropriate in the circumstances but not for the purpose of expressing an opinion on the effectiveness of the City of Evanston's internal control. Accordingly, we express no such opinion. An audit also includes evaluating the appropriateness of accounting policies used and the reasonableness of significant accounting estimates made by management, as well as evaluating the overall presentation of the financial statements. We believe that the audit evidence we have obtained is sufficient and appropriate to provide a basis for our audit opinions. -20-100 of 728 To the Honorable Elizabeth B. Tisdahl, Mayor and Members of the City Council City of Evanston -2- Opinions In our opinion, the financial statements referred to above present fairly, in all material respects, the respective financial position of the governmental activities, the business-type activities, the discretely presented component unit, each major fund, and the aggregate remaining fund information of the City of Evanston, Illinois, as of December 31, 2013 and the respective changes in financial position and, where applicable, cash flows thereof for the year then ended in accordance with accounting principles generally accepted in the United States of America. Emphasis of Matter As discussed in Note 1, the City of Evanston adopted the provisions of GASB Statement No. 61, The Financial Reporting Entity: Omnibus - an Amendment of GASB Statements No. 14 and No. 34,effective January 1, 2013. Fund Balance and Net Position as of December 31, 2012, has been restated as a result. Our opinions are not modified with respect to this matter. As discussed in Note 1, the City of Evanston adopted the provisions of GASB Statement No. 65, Items Previously Reported as Assets and Liabilities,effective January 1, 2013. Our opinions are not modified with respect to this matter. Other Matters Required Supplementary Information Accounting principles generally accepted in the United States of America require that the management's discussion and analysis, the schedules of funding progress, the schedules of employer contribution and the general fund budgetary comparison schedule as listed in the table of contents be presented to supplement the basic financial statements. Such information, although not a part of the basic financial statements, is required by the Governmental Accounting Standards Board who considers it to be an essential part of financial reporting for placing the basic financial statements in an appropriate operational, economic, or historical context. We have applied certain limited procedures to the required supplementary information in accordance with auditing standards generally accepted in the United States of America, which consisted of inquiries of management about the methods of preparing the information and comparing the information for consistency with management's responses to our inquiries, the basic financial statements, and other knowledge we obtained during our audit of the basic financial statements. We do not express an opinion or provide any assurance on the information because the limited procedures do not provide us with sufficient evidence to express an opinion or provide any assurance. Supplementary Information Our audit for the year ended December 31, 2013 was conducted for the purpose of forming opinions on the financial statements that collectively comprise the City of Evanston's basic financial statements. The combining and individual fund statements and schedules for the year ended December 31, 2013 as listed in the table of contents are presented for purposes of additional analysis and are not a required part of the basic financial statements. Such information is the responsibility of management and was derived from and relates directly to the underlying accounting and other records used to prepare the basic financial statements. The information has been subjected to the auditing procedures applied in the audit of the basic financial statements for the year ended December 31, 2013, and certain additional procedures, including comparing and reconciling such information directly to the underlying accounting and other records used to prepare the basic financial statements or to the basic financial statements themselves, and other additional procedures in accordance with auditing standards generally accepted in the United States of America. 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The C gove activ B. The expe C. The $990 D. The USING T The finan individual questions, The City' organizati Evanston Township financials of Evanston ficant financia n the City's fi ny material d es or concern itional inform this report. IAL HIGHL City's net pos ernmental net vities net posi governmenta enses decrease business-typ 0,195 or 3.2% total cost of a THIS ANNUA ncial stateme l funds. Both , broaden a ba 's financial r ions for whic Township B p is blended are shown as (the City) Di al issues, (2) inancial posit deviations from s. We encou mation that w LIGHTS sition increas position incr tion increased al activities r ed by $490,74 e activities re % from the pri all City progra AL REPORT ents focus on perspectives asis for comp eporting incl ch the City i Board of Tru into the pri s a discrete co ( iscussion and ) provide an ion (its ability m the financi urage readers t e have furnis sed by $15,89 reased by $6,2 d by $9,628,6 evenue decre 44 or 0.4%. evenue decre or period. ams increased T n both the C (government parison and en ludes the fun is accountabl stees are the imary govern omponent uni (Unaudited)  D d Analysis is n overview o y to address t ial plan (the a to consider th shed in our l 95,961 or 5.2 267,286 or 12 675 or 3.8% fr eased by $56 eased by $67 d by $499,45 City as a wh t-wide and m nhance the Cit nds of the Ci e (componen e same indivi nment for fin it starting FY MAN DISCUSSI DECE designed to ( of the City's the next and s approved bud he informatio etter of trans 2% from the 2.1% from pri from prior per 68,435 or 0.4 78,000 or 1.7 1 or 0.3%. hole (governm major fund) all ty's accountab ity (primary nt units - the iduals as the nancial repor 2013. NAGEME ON AND EMBER 3 (1) assist the financial act subsequent ye dget), and (5) on presented h smittal, which prior fiscal y ior period and riod. % from the 7%. The expe nment-wide) a low the user t bility. government) e Township a e City Counc rting purpose ENT’S ANALYS 1, 2013 reader in foc tivity, (3) id ear challenges identify indiv here in conjun h can be foun year reported d the business prior period. enses increas and on the to address rel ) and additio and Library). cil members. es. While, Li SIS cusing dentify s), (4) vidual nction nd on d. The s-type The ed by major levant onally, The The ibrary -23-103 of 728  (Unaudited)  REPORTING THE CITY AS A WHOLE Government-wide Financial Statements The City's annual report includes two government-wide financial statements. These statements provide both short-term and long-term information about the City's overall status. Financial reporting at this level uses a perspective similar to that found in the private sector with its basis in full accrual accounting and elimination or reclassification of internal activities (e.g., the City’s Fleet Maintenance Fund). The first of these government-wide statements is the Statement of Net Position. This is the City-wide statement of financial position presenting information that includes all the City's assets and liabilities, with the difference reported as net position. Besides, starting FY2013, this statement also includes separate presentation of Library assets and liabilities. Over time, increases or decreases in net position may serve as a useful indicator of whether the financial position of the City as a whole is improving or deteriorating. Evaluation of the overall health of the City would extend to other non-financial factors such as diversification of the taxpayer base or the condition of City infrastructure in addition to the financial information provided in this report. The second government-wide statement is the Statement of Activities - which reports how the City's net position changed during the current fiscal period. All current period revenues and expenses for the city and Library are included regardless of when the cash was received or paid. An important purpose of the design of the statement of activities is to show the financial reliance of the City's distinct activities or functions on revenues provided by all government-wide sources. Both government-wide financial statements distinguish governmental activities of the City that are principally supported by taxes and intergovernmental revenues, such as grants, from business-type activities that are intended to recover all or a significant portion of their costs through user fees and charges. Governmental activities include general government, public safety, public service, fleet service, insurance fund, and culture and recreation. Business-type activities include water and sewer utilities, parking, and garages. Fiduciary activities, such as employee pension plans and agency funds, are not included in the government-wide statements since these assets are not available to fund City programs. The government-wide financial statements are presented on pages 32 - 35 of this report. REPORTING THE CITY'S MOST SIGNIFICANT FUNDS Fund Financial Statements A fund is an accountability unit used to maintain control over resources segregated for specific activities or objectives. The City uses funds to ensure and demonstrate compliance with finance-related laws and regulations. Within the basic financial statements, fund financial statements focus on the City's most significant funds, rather than the City as a whole. Major funds are separately reported, while all others are combined into a single aggregated presentation. Individual fund data for non-major funds is provided in the form of combining schedules in a later section of this report. The City has three kinds of funds: Governmental funds are reported in the fund financial statements and encompass essentially the same functions reported as governmental activities in the government-wide financial statements. However, the focus is very different with fund statements providing a distinctive view of the City's governmental funds. These statements report short-term fiscal accountability focusing on the use of spendable resources and balances of spendable resources available at the end of the period. They are useful in evaluating annual -24-104 of 728  (Unaudited)  financing requirements of governmental programs and the commitment of spendable resources for the near-term. Since the government-wide focus includes the long-term view, comparisons between these two perspectives may provide insight into the long-term impact of the short-term financing decision. Both the governmental fund balance sheet and the governmental fund statement of revenues, expenditures, and changes in fund balances provide a reconciliation to assist in understanding the differences between these two perspectives. Budgetary comparison statement for General Fund is included in the required supplementary section of this report. Budgetary comparison schedules for various special revenue funds and the debt service funds can be found in the supplementary information section of this report. These statements and schedules demonstrate compliance with the City's adopted and final revised budget. The basic government fund financial statements are presented on pages 36 - 37 of this report. Proprietary funds reported in the fund financial statements generally report services for which the City charges customers a fee. There are two kinds of proprietary funds. These are enterprise funds and internal service funds. Enterprise funds essentially encompass the same functions reported as business- type activities in the government-wide statements. Services such as the water utilities and the parking garages are provided to customers external to the City organization. Internal service funds provide services and charge fees to customers within the City organization, such as equipment services (repair and maintenance of city vehicles) and the insurance fund. Because the City's internal service funds primarily serve governmental functions, they are included within the governmental activities of the government- wide financial statements. Proprietary fund statements and statements for discretely presented component units (reporting is similar to proprietary funds) provide both short-term and long-term financial information consistent with the focus provided by the government-wide financial statements. Individual fund information for internal service funds is found in combining schedules in a later section of this report. The basic proprietary fund financial statements are presented on pages 39 - 43 of this report. Fiduciary funds such as the Police and Firefighter's pension plans are reported in the fiduciary fund financial statements, but are excluded from the government-wide reporting. Fiduciary fund financial statements report resources that are not available to fund City programs. These financial statements report similarly to proprietary funds. The basic fiduciary fund financial statements are presented on pages 44 - 45 of this report. Notes to the financial statements The accompanying notes to financial statements provide information essential to a full understanding of the government-wide and fund financial statements. The notes to the financial statements begin on page 46 of this report. Other information In addition to the basic financial statements and accompanying notes, this report also presents certain required supplementary information concerning the City's progress in funding its obligations to provide pension benefits to its employees. Other supplementary information includes detail by fund and -25-105 of 728  (Unaudited)  component unit for receivables, payables, transfers, and payments within the reporting entity. Required supplementary information can be found on pages 107 - 111 of this report. Major funds and component units are reported in the basic financial statements, as discussed. Combining statements, individual statements and schedules for non- major and internal service funds are presented in a subsequent section of this report beginning on page 114. Additional information on capital assets and long-term debt can be found on page 68 and 78 respectively. Financial Analysis of the City as a Whole The City's combined net position increased by $15,895,961 from $307,630,732 to $323,526,693. STATEMENT OF POSITION The City’s increase in Net Position principally comes from the reduction of Bonds and Loans Payable in Business-type activities of $8,480,037 combined with an increase in total Capital Assets of $5,965,062. The City's total revenues decreased by $1,246,435 or 0.7%. The City's total expenses for all programs increased by $499,451, or 0.3%. Business-type activity revenues decreased by $678,000 in the current fiscal period mainly due to a decrease in Charges for services. Business-type activity expenses increased by $990,195, while Governmental activity expense experienced a decrease of $490,744. Governmental Funds: The governmental activities experienced an increase of $6,267,286 in the net position balance. This is primarily due to a decreased amount of expenditures as well as reduced amount of transfers from governmental activities to the business activities. Business Funds: The business-type activities experienced an increase of $9,628,675 in the net position balance primarily due to the operating surplus in the Sewer Fund combined with a transfer from governmental activities to the Sewer Fund in the amount of $1,851,827. Governmental Activities Business-type Activities Total Primary Government 2013 2012 2013 2012 2013 2012 Current and Other Assets 106,810,289$ 109,538,899$ 31,527,870$ 31,743,707$ 138,338,159$ 141,282,606$ Capital Assets 164,970,987 161,151,356 335,464,132 333,318,701 500,435,119 494,470,057 Total Assets 271,781,276 270,690,255 366,992,002 365,062,408 638,773,278 635,752,663 Long-Term Liabilities 162,222,400 163,517,805 98,233,760 106,713,797 260,456,160 270,231,602 Other Liabilities 10,645,254 13,273,066 3,319,070 2,538,114 13,964,324 15,811,180 Total Liabilities 172,867,654 176,790,871 101,552,830 109,251,911 274,420,484 286,042,782 Deferred Inflows 40,826,101 42,079,149 - - 40,826,101 42,079,149 Net Investment in Capital Assets 47,213,819 47,663,225 239,243,154 228,738,130 286,456,973 276,401,355 Restricted 24,719,778 28,767,275 711,672 709,688 25,431,450 29,476,963 Unrestricted (Deficit) (13,846,076) (24,610,265) 25,484,346 26,362,679 11,638,270 1,752,414 Total Net Position 58,087,521$ 51,820,235$ 265,439,172$ 255,810,497$ 323,526,693$ 307,630,732$ -26-106 of 728  (Unaudited)  The following table provides a summary of the City's changes in net position: STATEMENT OF CHANGES IN NET POSITION Governmental Activities Business-type Activities Total Primary Government 2013 2012 2013 2012 2013 2012 Revenue Program Revenues: Charges for services 26,331,524$ 30,194,126$ 38,073,814$ 39,234,894$ 64,405,338$ 69,429,020$ Operating grants and contributions 10,102,441 13,452,873 939,145 394,767 11,041,586 13,847,640 Capital grants and contributions 2,956,037 2,017,495 - - 2,956,037 2,017,495 General Revenues: Sales taxes 16,965,296 15,888,422 - - 16,965,296 15,888,422 Property taxes 46,349,104 43,725,354 - - 46,349,104 43,725,354 Utility taxes 7,690,177 8,027,007 - - 7,690,177 8,027,007 Income taxes 7,182,793 6,603,796 - - 7,182,793 6,603,796 Other 12,495,571 10,717,275 (60,762) - 12,434,809 10,717,275 Investment income 79,293 94,323 33,346 33,882 112,639 128,205 Total Revenue 130,152,236 130,720,671 38,985,543 39,663,543 169,137,779 170,384,214 Expenses General management and support 18,892,279 17,448,957 - - 18,892,279 17,448,957 Public safety 57,089,557 52,739,963 - - 57,089,557 52,739,963 Public works 13,782,175 11,099,192 - - 13,782,175 11,099,192 Health and human resources development 3,601,469 3,200,722 - - 3,601,469 3,200,722 Recreation and cultural opportunities 16,432,540 17,437,844 - - 16,432,540 17,437,844 Housing and economic development 11,123,338 18,076,600 - - 11,123,338 18,076,600 Interest 377,190 1,786,014 - - 377,190 1,786,014 Water - - 11,193,186 10,171,664 11,193,186 10,171,664 Sewer - - 7,648,520 7,872,314 7,648,520 7,872,314 Solid Waste - - 4,732,455 4,611,737 4,732,455 4,611,737 Motor vehicle parking system - - 8,369,109 8,297,360 8,369,109 8,297,360 Total Expense 121,298,548 121,789,292 31,943,270 30,953,075 153,241,818 152,742,367 Increase (decrease) in net position before transfers 8,853,688 8,931,379 7,042,273 8,710,468 15,895,961 17,641,847 Transfers (2,586,402) (4,926,124) 2,586,402 4,926,124 - - Increase/(Decrease) in Net Position 6,267,286 4,005,255 9,628,675 13,636,592 15,895,961 17,641,847 Net Position - Beginning 51,820,235 47,814,980 255,810,497 242,173,905 307,630,732 289,988,885 Net Position - Ending 58,087,521$ 51,820,235$ 265,439,172$ 255,810,497$ 323,526,693$ 307,630,732$ -27-107 of 728  (Unaudited)  Financial Analysis of the City's Funds Governmental Funds As discussed, governmental funds are reported in the fund statement with a short-term inflow and outflow of spendable resources focus. This information is useful in assessing resources available at the end of the period in comparison with upcoming financing requirements. Governmental funds reported fund balances of $53,858,830 as of December 31, 2013 which includes $25,358,692 restricted, $406,906 non-spendable, $3,507,202 committed, $14,733,904 assigned and $9,852,126 unassigned fund balance. The restricted fund balance consists of amounts required to be set aside by external authorities. Non-spendable amount represents prepaid items for General Obligation Debt and General Assistance Township Fund. Major Governmental Funds The General Fund is the City's primary operating fund and the largest source of day-to-day service delivery. The fund balance of the General Fund reported a nominal decrease of $670,536 primarily due to increased expenditures. Excess of expenditures over revenues in the amount of $4,150,882 was partially offset by inter-fund transfers to the General Fund. Some of the major revenues that came in above budget include the Income Tax, Sales Tax, Real Estate Transfer Tax, Liquor Licenses, Building Permits and Parking Tax. Conversely, Property Tax, Utility Tax and Parking Ticket Fines were lower than budgeted. Many of the departments spent less than their budget while Police, Fire, Health, Human Resource Development, and Parks and Recreation Departments were over budget in their expenditures. Overall, the General Fund expenditures were slightly below the 2013 Adopted Budget. The Capital Improvements Fund accounts for the City's governmental funds capital improvement program. The program includes improvements to public buildings, paving of city streets, improvement and development of recreation facilities and other major improvements. The fund balance of the Capital Improvements Fund increased by $2,898,088, from $3,401,911 to $6,299,999 despite operating deficiency of $5,165,171. This deficiency was offset by proceeds from the issuance of debt in the amount of $8,380,000. The fund balance of the General Obligation Debt Fund had a nominal increase of $479,543, from $2,896,148 to $3,375,691. The Employer Pension Contribution Fund is used to account for the recognition of applicable tax revenues and employer contributions to the Pension Trust Funds. These contributions represent the City's pension expense for police and firefighters. This fund continues to be reported as a major fund. Combined Non-Major Governmental Funds Combined non-major fund balances totaled $27,820,189, a decrease of $2,295,118 from prior period of $30,115,307. Non-major funds with surpluses for the fiscal year include Motor Fuel, Economic Development, Neighborhood Improvement, Affordable Housing, Home Fund, Community Development Loan, SSD#5, Southwest TIF and Special Assessment Capital Project Fund. Non-major funds with deficits for the period include Emergency Telephone System, SSD#4, Township Funds, Howard Hartrey TIF, Washington National TIF, Howard Ridge TIF and West Evanston TIF. Although each fund varies, the Howard Ridge, Howard Hartrey, West Evanston, and Washington National TIF funds all had planned deficits for the purposes of capital improvements and development activities. -28-108 of 728  (Unaudited)  Proprietary Funds The proprietary fund statements share the same focus as the government-wide statements, reporting both short-term and long-term information about financial status. The proprietary funds operated by the City are the Water, Sewer, Solid Waste and Parking Funds. These funds have a combined increase of $9,628,675 in the net position. The Sewer Fund reported the highest increase in the amount of $8,432,929. This increase is mainly due to the operating surplus and reduced debt service expense. The Water, Solid waste and Parking Fund added $146,456, $164,324 and $884,966 respectively to the net position during the year. Although net position in these proprietary funds showed an overall healthy increase, it is important to keep in mind that the Sewer Fund carries a substantial debt level followed by Parking and Water Funds with lesser debts. Internal Service Funds The City's combined internal service fund’s net position increased by $3,822,911 from $1,189,333 as of December 31, 2012 to $5,012,244 as of December 31, 2013. Fleet Fund and Equipment Replacement reported a combined net increase in net position of $174,075. The net deficit in the Insurance Fund decreased by $3,648,836 mainly due to reduction of potential claim liabilities. General Fund Budgetary Highlights Total budgetary revenues for the General Fund were $79,945,976 while total expenditures were $84,477,646. Overall General Fund revenues came in higher than budget by $2,306,614. Major revenues like Sales Tax, Real Estate Transfer Tax, Building Permits and State Income Tax were higher than budgeted. Total expenditures in the General Fund were lower than budgeted amounts by $42,776 mainly due to continuous restructuring of departments and other cost saving measures in various operating divisions. The actual net deficiency of $4,531,670 was offset by $3,480,346 in net transfers from other funds. Capital Assets The City established a policy of capitalizing equipment and vehicles with $20,000 or more in value and infrastructure and building improvements with $100,000 or more in value. The City's capital assets (net of depreciation) for governmental and business-type activities as of December 31, 2013, were $500,435,119. The governmental funds capital assets had a net increase of $3,819,631, while business type capital assets increased by $2,145,431. Overall, capital assets increased by 1.2% for the City as a whole. The Governmental Funds reported an increase in machinery, equipment and infrastructure assets including improvements in parks, streets and alleys. As for the Business Funds, Water Fund and Sewer Fund reported increased capital assets net of depreciation. Readers desiring more detailed information on capital asset activity should refer to Note 6 in the Notes to the Financial Statements. Long-Term Debt As of December 31, 2013, the City had outstanding total general obligation bonded debt of $147,942,869 of which $30,411,358 was for business type activities to be paid for by the City's Parking, Water, Solid Waste and Sewer Funds. The City's general obligation debt service principal payments for 2013 totaled $44,890,002 including refunding of Series 2004, 2004B and 2005 Bonds in the amount of $30,000,000. During the current year, the City issued $40,562,333 in general obligation bonds including $28,875,000 for refunding of the above bonds. As a home rule government under Illinois law, there is no legal debt limit for the City. Readers desiring more detailed information on long-term debt should refer to Note 9 in the Notes to the Financial Statements. -29-109 of 728  (Unaudited)  Bond Ratings The City's general obligation bonds are rated Aa1 by Moody's Investor Rating Service and AA+ by Fitch Ratings. The City's water revenue bonds are rated Aaa and AA for uninsured issues. Economic Factors Evanston is a diverse community consisting primarily of residential homes, several nonprofit organizations including a very well-known private university, two hospitals, and many smaller scale retail shops and restaurants as well as some popular big box retailers. In general, economically sensitive revenues such as Income Tax, Sales Tax, Building Permits and Real Estate Transfer Tax came in e higher than budgeted revenues while Utility Taxes and local Motor Fuel Tax were below budget. The unemployment rate in Evanston has stayed slightly below same level as many other cities in the State  due in part to the stable economy that includes Northwestern University. The City continues to maintain its lower unemployment rate compared to state and federal unemployment levels. The primary employers in the City include Northwestern University, two hospitals, the local high school, and elementary school district, Rotary International, several not-for-profit organizations, and numerous retail businesses and restaurants. Due to the high number of nonprofit organizations which make a large portion of Evanston's workforce, the City has been somewhat insulated from the previous years economic downturn in employment areas. Contacting the City's Financial Management This financial report is designed to provide a general overview of the City's finances, comply with finance-related laws and regulations, and demonstrate the City's commitment to public accountability. If you have questions about this report or would like to request additional information, contact the City Administrative Services Department at the City of Evanston, 2100 Ridge Avenue, Evanston, Illinois 60201, Telephone 847-866-2934, or access the website at www.cityofevanston.org. -30-110 of 728 BASIC FINANCIAL STATEMENTS -31-111 of 728 CITY OF EVANSTON, ILLINOIS Statement of Net Position Component Unit Governmental Business-type Evanston PublicActivitiesActivitiesTotalLibrary Cash and equivalents 38,803,526$ 23,424,331$ 62,227,857$ 1,270,500$ Investments 363,439 - 363,439 3,117,123 Receivables (net, where applicable, of allowances for uncollectibles) Property taxes 45,683,307 - 45,683,307 5,780,275 Accounts - 6,356,294 6,356,294 - Notes 7,691,837 - 7,691,837 - Special assessments 558,150 - 558,150 - Accrued interest - - - 7,524 Other 3,716,166 19,784 3,735,950 28,438 Due from other governments 8,298,543 - 8,298,543 - Due from component unit 160,470 - 160,470 - Internal balances 292,874 (292,874) - - Inventories 739,159 762,991 1,502,150 - Restricted assets Cash and equivalents and investments - 711,672 711,672 - Prepaid items 441,852 311,672 753,524 3,350 Other assets 60,966 234,000 294,966 - Capital assets Capital assets not being depreciated 26,193,651 17,358,289 43,551,940 311,380 Capital assets (net of accumulated depreciation) 138,777,336 318,105,843 456,883,179 13,763,522 Total Assets 271,781,276 366,992,002 638,773,278 24,282,112 As of December 31, 2013 Primary Government The accompanying notes are an integral part of this statement. -32-112 of 728 Component Unit Governmental Business-type Evanston PublicActivitiesActivitiesTotalLibrary Vouchers payable 4,582,554$ 2,862,520$ 7,445,074$ 175,617$ Accrued payroll 2,317,172 - 2,317,172 - Interest payable 638,914 63,216 702,130 - Other payables 406,561 - 406,561 22,012 Due to other governments 656,728 - 656,728 - Due to primary government - - 160,470 Pension contribution payable 2,043,325 - 2,043,325 - Payable from restricted assets Interest payable - 393,334 393,334 - Noncurrent liabilities Payable from restricted assets - due within one year - 8,260,182 8,260,182 - Due within one year 16,368,113 3,751,012 20,119,125 813,986 Due in more than one year 145,854,287 86,222,566 232,076,853 2,748,983 Total Liabilities 172,867,654 101,552,830 274,420,484 3,921,068 Deferred Inflows of Resources Property taxes 40,826,101 - 40,826,101 5,090,545 Net Investment in Capital Assets 47,213,819 239,243,154 286,456,973 14,074,902 Restricted Highway maintenance 1,312,568 - 1,312,568 - Emergency telephone system 1,220,879 - 1,220,879 - HUD approved projects 6,309,598 - 6,309,598 - Neighborhood improvements 2,600,993 - 2,600,993 - Debt service 12,520,761 311,672 12,832,433 - Township 754,979 - 754,979 - Capital improvements - 400,000 400,000 - Unrestricted (deficit) (13,846,076) 25,484,346 11,638,270 1,195,597 Total Net Position 58,087,521$ 265,439,172$ 323,526,693$ 15,270,499$ Primary Government -33-113 of 728 CITY OF EVANSTON, ILLINOIS Statement of Activities Program Revenues Operating Charges for Grants and Expenses Services Contributions Functions/Programs Governmental activities: General management and support 18,892,279$ 8,916,915$ -$ Public safety 57,089,557 1,963,105 181,339 Public works 13,782,175 484,691 2,175,057 Health and human resource development 3,601,469 1,481,773 1,285,568 Recreation and cultural opportunities 16,432,540 5,235,531 - Housing and economic development 11,123,338 8,249,509 6,460,477 Interest 1,254,860 - - Total governmental activities 122,176,218 26,331,524 10,102,441 Business-type activities: Water 11,193,186 14,657,748 78,792 Sewer 7,648,520 13,510,199 860,353 Solid Waste 4,732,455 3,650,792 - Motor vehicle parking system 8,369,109 6,255,075 - Total business-type activities 31,943,270 38,073,814 939,145 Total primary government activities 154,119,488$ 64,405,338$ 11,041,586$ Evanston Public Library: General management and support 5,533,069$ 696,211$ 226,050$ Total Evanston Public Library 5,533,069$ 696,211$ 226,050$ General revenues: Property tax Other taxes Personal property replacement tax Sales and home rule tax Income tax Utility tax Liquor Tax Parking Tax Real Estate TransferTax Miscellaneous Investment income Transfers Total general revenues and transfers Change in Net Position Net Position - beginning, as restated Net Position - ending For the Fiscal Year ended December 31, 2013 The accompanying notes are an integral part of this statement. -34-114 of 728 Net (Expense) Revenue and Changes in Net Position Capital Total Grants and Governmental Business-type Primary Evanston Public Contributions Activities Activities Government Library 2,060,622$ (7,914,742)$ -$ (7,914,742)$ -$ 215 (54,944,898) - (54,944,898) - 2,464 (11,119,963) - (11,119,963) - - (834,128) - (834,128) - - (11,197,009) - (11,197,009) - 892,736 4,479,384 - 4,479,384 - - (1,254,860) - (1,254,860) - 2,956,037 (82,786,216) - (82,786,216) - - - 3,543,354 3,543,354 - - - 6,722,032 6,722,032 - - - (1,081,663) (1,081,663) - - - (2,114,034) (2,114,034) - - - 7,069,689 7,069,689 - 2,956,037$ (82,786,216)$ 7,069,689$ (75,716,527)$ -$ -$ -$ -$ -$ (4,610,808)$ -$ -$ -$ -$ (4,610,808)$ 46,349,104 - 46,349,104 4,367,300 2,106,149 - 2,106,149 - 1,372,473 - 1,372,473 - 16,965,296 - 16,965,296 - 7,182,793 - 7,182,793 - 7,690,177 - 7,690,177 - 2,261,874 - 2,261,874 - 2,418,852 - 2,418,852 - 3,894,599 - 3,894,599 - 441,624 (60,762) 380,862 9,900 79,293 33,346 112,639 71,745 (2,586,402) 2,586,402 - - 88,175,832 2,558,986 90,734,818 4,448,945 5,389,616 9,628,675 15,018,291 (161,863) 52,697,905 255,810,497 308,508,402 15,432,362 58,087,521$ 265,439,172$ 323,526,693$ 15,270,499$ -35-115 of 728 CITY OF EVANSTON, ILLINOIS Governmental Funds Balance Sheet General Employer Nonmajor Total Capital Obligation Pension Governmental Governmental General Improvements Debt Contribution Funds Funds Assets Cash and equivalents 10,885,387$ 7,425,950$ 1,045,039$ -$ 18,977,918$ 38,334,294$ Investments - - - - 363,439 363,439 Receivables Property taxes (net of allowance) 12,031,386 - 11,049,841 14,130,900 8,471,180 45,683,307 Notes (net of allowance)- - - - 7,691,837 7,691,837 Special assessments - - - - 558,150 558,150 Other 2,752,574 - - - 939,172 3,691,746 Prepaid items - - 356,363 - 50,543 406,906 Due from other governments 7,247,146 523,048 - - 528,349 8,298,543 Due from component unit 170,370 - - - - 170,370 Due from other funds 3,029,567 101,523 569,001 - 977,928 4,678,019 Other assets 60,966 - - - - 60,966 Total Assets 36,177,396$ 8,050,521$ 13,020,244$ 14,130,900$ 38,558,516$ 109,937,577$ Liabilities Vouchers payable 1,760,323$ 1,098,352$ 37,950$ -$ 579,547$ 3,476,172$ Accrued payroll 2,317,172 - - - - 2,317,172 Compensated absences payable 207,027 - - - - 207,027 Other 406,561 - - - - 406,561 Due to other governments - 652,170 - - 4,558 656,728 Due to component unit - - - - 9,900 9,900 Due to other funds 4,546,512 - 76,360 - 1,512,889 6,135,761 Pension contribution payable 99,627 - - 1,943,698 - 2,043,325 Total Liabilities 9,337,222 1,750,522 114,310 1,943,698 2,106,894 15,252,646 Deferred Inflows of Resources Property taxes 10,477,223 - 9,530,243 12,187,202 8,631,433 40,826,101 Fund Balances Nonspendable - Prepaid items - - 356,363 - 50,543 406,906 Restricted Highway maintenance - - - - 1,312,568 1,312,568 Emergency telephone system - - - - 1,220,879 1,220,879 HUD approved projects - - - - 6,309,598 6,309,598 Neighborhood improvements - - - - 2,600,993 2,600,993 Debt service - - 3,019,328 - 10,140,347 13,159,675 Township - - - - 754,979 754,979 Committed - Economic Development - - - - 3,507,202 3,507,202 Assigned 6,361,490 6,299,999 - - 2,072,415 14,733,904 Unassigned 10,001,461 - - - (149,335) 9,852,126 Total Fund Balances 16,362,951 6,299,999 3,375,691 - 27,820,189 53,858,830 Total Liabilities, Deferred Inflows and Fund Balances 36,177,396$ 8,050,521$ 13,020,244$ 14,130,900$ 38,558,516$ Amounts reported for governmental activities in the statement of net position are different because: Capital assets used in governmental activities are not financial resources and, therefore, are not reported in the funds.156,930,629 Long-term liabilities, including bonds payable, compensated absences payable, and pension contributions payable, are not due and payable in the current period and therefore, are not reported in the governmental funds. (See Note 2.A) (155,335,065) OPEB liability payable is not due and payable in the current period and therefore, is not reported in the governmental funds.(1,740,203) Interest accrual from last interest payment to December 31, 2013. (638,914) The net position of the internal service fund is included in the governmental activities in the statement of net position.5,012,244 Net Position of governmental activities 58,087,521$ As of December 31, 2013 The accompanying notes are an integral part of this statement.-36-116 of 728 CITY OF EVANSTON, ILLINOIS Governmental Funds Statement of Revenues, Expenditures, and Changes in Fund Balances For the Fiscal Year ended December 31, 2013 General Employer Nonmajor Total Capital Obligation Pension Governmental Governmental General Improvements Debt Contribution Funds Funds Revenues Taxes 38,709,390$ -$ 12,647,575$ 14,841,987$ 12,055,233$ 78,254,185$ Licenses and permits 10,617,414 - - - - 10,617,414 Special assessments - - - - 274,848 274,848 Intergovernmental 18,382,644 882,160 - - 8,578,983 27,843,787 Charges for services 7,722,937 - - - - 7,722,937 Fines and forfeits 3,448,523 - - - - 3,448,523 Investment income 26,907 18,562 5,355 - 42,960 93,784 Miscellaneous 1,418,949 53,986 33,510 - 400,001 1,906,446 Total Revenues 80,326,764 954,708 12,686,440 14,841,987 21,352,025 130,161,924 Expenditures Current General management and support 14,147,518 131,328 143,063 - 3,188,903 17,610,812 Public safety 40,650,660 15,991 - 14,841,987 922,147 56,430,785 Public works 8,797,497 23,193 - - 3,161,722 11,982,412 Health and human resource development 3,601,469 - - - - 3,601,469 Recreation and cultural opportunities 14,744,293 30,999 - - - 14,775,292 Housing and economic development 2,536,209 - - - 8,778,757 11,314,966 Debt service Principal - - 31,971,424 - 1,410,000 33,381,424 Interest - - 4,755,493 - 240,076 4,995,569 Fiscal agent fees - - 126,610 - - 126,610 Capital outlay - 5,918,368 - - 29,863 5,948,231 Total Expenditures 84,477,646 6,119,879 36,996,590 14,841,987 17,731,468 160,167,570 Excess (Deficiency) of Revenues Over (Under) Expenditures (4,150,882) (5,165,171) (24,310,150) - 3,620,557 (30,005,646) Other Financing Sources (Uses) Transfers in 6,826,313 - 1,317,660 - 48,500 8,192,473 Transfers out (3,345,967) (475,000) (1,851,827) - (6,206,081) (11,878,875) General obligation bonds issued - 8,380,000 1,955,001 - 230,000 10,565,001 Refunding bonds issued - - 22,176,324 - - 22,176,324 Bond Premiums - 158,259 1,192,535 - 11,906 1,362,700 Total Other Financing Sources (Uses) 3,480,346 8,063,259 24,789,693 - (5,915,675) 30,417,623 Net Change in Fund Balances (670,536) 2,898,088 479,543 - (2,295,118) 411,977 Fund Balances -Beginning, as restated 17,033,487 3,401,911 2,896,148 - 30,115,307 53,446,853 Fund Balances - Ending 16,362,951$ 6,299,999$ 3,375,691$ -$ 27,820,189$ 53,858,830$ The accompanying notes are an integral part of this statement. -37-117 of 728 CITY OF EVANSTON, ILLINOIS Amounts reported for governmental activities in the statement of activities are different because: Net change in fund balances - total governmental funds 411,977$ 2,951,720 36,257,941 (34,104,024) (3,872,033) (116,593) 37,717 Internal service funds are reported separately in the fund financial statements. 3,822,911 Change in Net Position of governmental activities 5,389,616$ The repayment of the principal of long-term debt payable consume the current financial resources of governmental funds. These transactions, however, have no effect on net position. (See Note 2.B) Some expenses reported in the statement of activities do not require the use of current financial resources and, therefore, are not reported as expenditures in governmental funds. (See Note 2.B) Change in interest accrual for the twelve months ended December 31, 2013. OPEB benefit expense reported in the statement of activities does not require the use of current financial resources and, therefore, is not reported as expenditures in governmental funds. Reconciliation of the Statement of Revenues, Expenditures, and Changes in Fund Balances of Governmental Funds to the Statement of Activities For the Fiscal Year ended December 31, 2013 Governmental funds report capital outlays as expenditures. However, in the statement of activities, the cost of those assets is allocated over their estimated useful lives and reported as depreciation expense. This is the amount by which capital outlays exceeded depreciation in the current period. Gain or loss on assets removed are also reported in the statement of activities. (See Note 2.B) Issuance of Bonds provides current financial resources to governmental funds. This transaction has no effect on net position. Governmental funds also report the effect of bonds premiums, discounts and similar items when debt is first issued. (See Note 2.B) The accompanying notes are an integral part of this statement. -38-118 of 728 CITY OF EVANSTON, ILLINOIS Proprietary Funds Statement of Net Position Governmental Activities- Motor Vehicle Internal Parking Service Water Sewer Solid Waste System Total Funds Current Assets Cash and equivalents 7,573,361$ 1,097,789$ 18,307$ 14,734,874$ 23,424,331$ 469,232$ Restricted cash and equivalents and investments 711,672 - - - 711,672 - Receivables Accounts - billed 1,642,589 273,489 135,351 - 2,051,429 - Accounts - unbilled 901,175 2,024,207 519,130 - 3,444,512 - Other - 860,353 - 19,784 880,137 24,420 Due from other funds 194,251 1,026,651 19,944 - 1,240,846 1,988,093 Inventories 639,567 123,424 - - 762,991 739,159 Prepaid Expenses 311,672 - - - 311,672 34,946 Total Current Assets 11,974,287 5,405,913 692,732 14,754,658 32,827,590 3,255,850 Noncurrent Assets Capital Assets Capital assets not being depreciated 9,802,926 3,106,516 - 4,448,847 17,358,289 - Capital assets being depreciated 82,834,441 246,047,380 - 83,274,561 412,156,382 22,504,481 Less accumulated depreciation (23,715,367) (47,581,084) - (22,754,088) (94,050,539) (14,464,123) Total Capital Assets 68,922,000 201,572,812 - 64,969,320 335,464,132 8,040,358 Other Assets Notes Receivable - - - 234,000 234,000 - Total Noncurrent Assets 68,922,000 201,572,812 - 65,203,320 335,698,132 8,040,358 Total Assets 80,896,287 206,978,725 692,732 79,957,978 368,525,722 11,296,208 As of December 31, 2013 Business-type Activities- Enterprise Funds Assets The accompanying notes are an integral part of this statement. -39-119 of 728 Governmental Activities- Motor Vehicle Internal Parking Service Water Sewer Solid Waste System Total Funds Current Liabilities Vouchers payable 1,376,144$ 179,750$ 327,768$ 978,858$ 2,862,520$ 1,106,382$ Interest payable 12,000 - 245 50,971 63,216 - Interest payable - restricted 37,312 356,022 - - 393,334 - Revenue bonds payable 305,000 - - - 305,000 - Compensated absences payable 324,542 57,262 19,354 62,397 463,555 23,370 General obligation bonds payable 445,648 - 15,908 2,520,901 2,982,457 - General obligation bonds payable - restricted - 341,061 - - 341,061 - Claims payable - - - - - 2,414,551 Notes payable - IEPA - restricted 67,505 7,851,616 - - 7,919,121 - Due to other funds 20,356 31,147 1,427,436 54,781 1,533,720 237,477 Total Current Liabilities 2,588,507 8,816,858 1,790,711 3,667,908 16,863,984 3,781,780 Long-Term Liabilities Notes payable - IEPA 1,080,077 55,659,184 - - 56,739,261 - General obligation bonds payable 9,491,081 3,542,173 96,515 13,958,071 27,087,840 - OPEB liability payable 160,602 47,999 18,269 45,289 272,159 51,915 Unamortized Bond Discount 212,042 111,758 - 634,861 958,661 - Compensated absences payable 358,705 63,289 21,392 68,965 512,351 73,360 IMRF Pension contributions payable 382,863 95,448 49,405 124,578 652,294 - Claims payable - - - - - 2,376,909 Total Long-Term Liabilities 11,685,370 59,519,851 185,581 14,831,764 86,222,566 2,502,184 Total Liabilities 14,273,877 68,336,709 1,976,292 18,499,672 103,086,550 6,283,964 Net Investment in Capital Assets 57,320,647 134,067,020 - 47,855,487 239,243,154 8,040,358 Restricted for debt service 311,672 - - - 311,672 - Restricted for capital improvements 400,000 - - - 400,000 - Unrestricted (deficit)8,590,091 4,574,996 (1,283,560) 13,602,819 25,484,346 (3,028,114) Total Net Position (deficit)66,622,410$ 138,642,016$ (1,283,560)$ 61,458,306$ 265,439,172$ 5,012,244$ Liabilities Net Position Business-type Activities- Enterprise Funds -40-120 of 728 CITY OF EVANSTON, ILLINOIS Proprietary Funds Combining Statement of Revenues, Expenses, and Changes in Fund Net Position For the Fiscal Year ended December 31, 2013 Governmental Activities- Motor Vehicle Internal Parking Service Water Sewer Solid Waste System Total Funds Operating Revenues Charges for services 13,903,482$ 13,494,318$ 3,650,792$ 6,234,594$ 37,283,186$ 21,956,020$ Miscellaneous 754,266 15,881 - 20,481 790,628 46,349 Total Operating Revenues 14,657,748 13,510,199 3,650,792 6,255,075 38,073,814 22,002,369 Operating Expenses Excluding Depreciation Administration 960,028 2,026,860 820,689 1,768,307 5,575,884 - Operations 7,215,679 307,251 3,872,422 3,114,888 14,510,240 17,831,210 Total Operating Expenses Excluding Depreciation 8,175,707 2,334,111 4,693,111 4,883,195 20,086,124 17,831,210 Operating Income (Loss) Before Depreciation 6,482,041 11,176,088 (1,042,319) 1,371,880 17,987,690 4,171,159 Depreciation 1,449,757 3,320,883 - 2,639,870 7,410,510 1,579,532 Operating Income (Loss) 5,032,284 7,855,205 (1,042,319) (1,267,990) 10,577,180 2,591,627 Nonoperating Revenues (Expenses) Investment income 20,164 1,270 20 11,892 33,346 212 Interest expense (312,193) (2,021,379) (3,130) (846,044) (3,182,746) - Bond expenses and amortization of discount (19,777) (30,331) (36,214) - (86,322) - Amortization of bond premium 1,129 58,184 - - 59,313 - Other expenses (1,236,881) - - - (1,236,881) - Grants 78,792 860,353 - - 939,145 - Gain (loss) on disposition of assets (60,762) - - - (60,762) 131,072 Total Nonoperating Revenues (Expenses) (1,529,528) (1,131,903) (39,324) (834,152) (3,534,907) 131,284 Income (Loss) before transfers and contributions 3,502,756 6,723,302 (1,081,643) (2,102,142) 7,042,273 2,722,911 Transfers In (Out) Debt Service - 1,851,827 - - 1,851,827 - Washington National Tax Increment District - - - 3,631,350 3,631,350 - General (3,356,300) (142,200) 1,245,967 (644,242) (2,896,775) 1,100,000 Total Transfers In (Out)(3,356,300) 1,709,627 1,245,967 2,987,108 2,586,402 1,100,000 Change in Net Position 146,456 8,432,929 164,324 884,966 9,628,675 3,822,911 Total Net Position (Deficit) - Beginning 66,475,954 130,209,087 (1,447,884) 60,573,340 255,810,497 1,189,333 Total Net Position (Deficit)- Ending 66,622,410$ 138,642,016$ (1,283,560)$ 61,458,306$ 265,439,172$ 5,012,244$ Business-type Activities- Enterprise Funds The accompanying notes are an integral part of this statement. -41-121 of 728 CITY OF EVANSTON, ILLINOIS Proprietary Funds Statement of Cash Flows For the Fiscal Year ended December 31, 2013 Governmental Activities- Motor Vehicle Internal Parking Service Water Sewer Solid Waste System Total Funds Cash Flows from Operating Activities Receipts from customers and users 14,071,358$ 13,510,199$ 3,650,792$ 6,270,603$ 37,502,952$ 22,028,261$ Receipts from / (Payments for) interfund services provided (462,628) 297,329 (27,674) (117,983) (310,956) (1,758,720) Payments to suppliers (7,101,415) (327,053) (4,043,254) (2,257,680) (13,729,402) (1,904,307) Payments to employees (834,347) (2,014,335) (804,372) (1,738,238) (5,391,292) (3,606,470) Payments for insurance premiums - - - - - (13,443,553) 5,672,968 11,466,140 (1,224,508) 2,156,702 18,071,302 1,315,211 Cash Flows from Noncapital Financing Activities Transfers In (Out) Debt Service - 1,851,827 - - 1,851,827 - Washington Tax Increment District - - - 3,631,350 3,631,350 - General (3,356,300) (142,200) 1,245,967 (644,242) (2,896,775) 1,100,000 Net Transfers In (Out)(3,356,300) 1,709,627 1,245,967 2,987,108 2,586,402 1,100,000 Grants and Contributions 78,792 - - - 78,792 - (3,277,508) 1,709,627 1,245,967 2,987,108 2,665,194 1,100,000 Cash Flows from Capital and Related Financing Activities Sale of capital assets - - - - - 147,167 Acquisition and construction of capital assets (5,250,454) (4,408,933) - (1,194,200) (10,853,587) (2,463,537) Principal paid on revenue bonds (290,000) - - - (290,000) - Proceeds from general obligation bonds 2,000,000 246,831 - 5,574,178 7,821,009 - Principal paid on general obligation bonds (207,875) (1,520,290) (15,036) (8,887,707) (10,630,908) - Interest paid on general obligation bonds (248,178) (298,164) (3,130) (678,663) (1,228,135) - Bond expenses (55,431) (18,669) (36,213) - (110,313) - Proceeds from IEPA loans - 2,547,781 - - 2,547,781 - Principal paid on IEPA loans (67,505) (8,197,261) - - (8,264,766) - Interest paid on IEPA loans - (1,777,092) - - (1,777,092) - (4,119,443) (13,425,797) (54,379) (5,186,392) (22,786,011) (2,316,370) Cash Flows from Investing Activities Interest income 20,164 1,270 20 11,892 33,346 212 Net Cash Provided by Investing Activities 20,164 1,270 20 11,892 33,346 212 - Net Increase (Decrease) in Cash and Equivalents (1,703,819) (248,760) (32,900) (30,690) (2,016,169) 99,053 Cash and Equivalents Beginning 9,988,852 1,346,549 51,207 14,765,564 26,152,172 370,179 Ending 8,285,033$ 1,097,789$ 18,307$ 14,734,874$ 24,136,003$ 469,232$ Reconciliation Cash and equivalents Current Cash 7,573,361$ 1,097,789$ 18,307$ 14,734,874$ 23,424,331$ 469,232$ Restricted Current Cash 711,672 - - - 711,672 - 8,285,033$ 1,097,789$ 18,307$ 14,734,874$ 24,136,003$ 469,232$ Business-type Activities- Enterprise Funds Net Cash Provided by (Used for) Operating Activities Net Cash Provided by (Used for) Noncapital Financing Activities Net Cash (Used for) Capital and Related Financing Activities The accompanying notes are an integral part of this statement.Continued -42-122 of 728 CITY OF EVANSTON, ILLINOIS Proprietary Funds Statement of Cash Flows - Continued Governmental Activities- Motor Vehicle Internal Parking Service Water Sewer Solid Waste System Total Funds Operating income (loss)5,032,284$ 7,855,205$ (1,042,319)$ (1,267,990)$ 10,577,180$ 2,591,627$ Depreciation 1,449,757 3,320,883 2,639,870 7,410,510 1,579,532 Changes in assets and liabilities Increase/decrease in A/R miscellaneous (586,390) (41,424) (27,604) 10,528 (644,890) 25,892 Other receivables - - - 5,000 5,000 - Prepaid expenses (8,656) - - - (8,656) 795,566 lnterfund receivable 142,375 (157,167) - 16,093 1,301 - Inventories 27,891 (8,367) - - 19,524 (67,006) Compensated absences 71,505 (2,666) 4,773 15,830 89,442 6,775 Claims Payables - - - - - (2,469,307) lnterfund payable (605,003) 454,496 (27,674) (134,076) (312,257) (1,758,720) OPEB liability payable 27,340 8,035 5,854 5,644 46,873 3,889 IMRF contributions payable 26,836 7,156 5,690 8,593 48,275 - Vouchers payable 95,029 29,989 (143,211) 878,518 860,325 - Interest payable - - (17) (21,308) (21,325) - Accounts Payables - - - - - 606,963 Net Cash Provided by (Used for) Operating Activities 5,672,968$ 11,466,140$ (1,224,508)$ 2,156,702$ 18,071,302$ 1,315,211$ Reconciliation of Operating Income (Loss) to Net Cash Provided For the Fiscal Year ended December 31, 2013 Business-type Activities- Enterprise Funds Concluded -43-123 of 728 CITY OF EVANSTON, ILLINOIS Fiduciary Funds Statement of Net Position Pension Trust Funds Assets Cash and short-term investments 5,239,497$ Receivables Accrued interest 524,368 Contribution receivable - Due from city funds 2,043,323 Total Receivables 2,567,691 Investments, at fair value U.S. Government and agency obligations 33,975,810 Corporate bonds 23,148,559 Common stock 29,090,676 Mutual funds 61,770,837 Total Investments 147,985,882 Total Assets 155,793,070 Liabilities Vouchers payable 4,986 Net Position held in trust 155,788,084$ As of December 31, 2013 The accompanying notes are an integral part of this statement. -44-124 of 728 CITY OF EVANSTON, ILLINOIS Fiduciary Funds - Pension Trust Funds Statement of Changes in Plan Net Position Pension Trust Funds Additions Contributions Employer 14,841,987$ Plan members 2,735,148 Other-Donations, Legal Sett.,Surplus Sales 150 Total contributions 17,577,285 Investment income Net appreciation in fair value of investments 11,608,549 Investment income 4,842,440 Total investment income 16,450,989 Less investment expense 426,590 Net investment income 16,024,399 Total additions 33,601,684 Deductions Benefits 16,649,064 Refunds of contributions 109,252 Administrative expense 109,161 Total deductions 16,867,477 Net increase 16,734,207 Net Position held in trust for pension benefits Beginning 139,053,877 Ending 155,788,084$ For the Fiscal Year ended December 31, 2013 The accompanying notes are an integral part of this statement. -45-125 of 728 CITY OF EVANSTON, ILLINOIS Index for Notes to the Financial Statements Page Note 1. Summary of Significant Accounting Policies A. Reporting Entity 49 B. Government-wide and Fund Financial Statements 50 C. Fund Accounting 51 D. Measurement Focus, Basis of Accounting, and Financial Statement Presentation 51 E. Cash and Equivalents 54 F. Investments 54 G. Inventories & Prepaid Items 54 H. Capital Assets 55 I. Compensated Absences 55 J. Long-Term Obligations 55 K. Self-Insurance 56 L. Deferred Inflows of Resources 56 M. Property Taxes 56 N. Fund Equity 57 O. Interfund Transactions 58 P. Use of Estimates 58 Q. Effect of New Accounting Standards on Current Period Financial Statements 58 R. Conduit Debt 58 Note 2. Reconciliation of Government-wide and Fund Financial Statements A. 59 B. 59 Note 3. Stewardship, Compliance, and Accountability A. Budgetary Information 61 B. Deficit Fund Equity 62 Note 4. Deposits with Financial Institutions and Investments A. Types of Accounts and Securities 63 B. Pooling of Cash and Investments 63 C. Types of Investments 64 D. Deposits 66 E. Reconciliation of Unrestricted and Restricted Cash and Investments 66 Explanation of Certain Differences between the Governmental Fund Balance Sheet and the Government-wide Statement of Net Assets Explanation of Certain Differences between the Governmental Fund Statement of Revenues, Expenditures, and Changes in Fund Balances and the Government- wide Statement of Activities -46-126 of 728 CITY OF EVANSTON, ILLINOIS Index for Notes to the Financial Statements Page (continued from previous page) Note 5. Receivables A. Summary of Receivables 67 B.Notes Receivable – Special Revenue Funds 67 Note 6. Capital Assets A. Capital Asset Activity 68 B. Construction Commitments 70 Note 7. Interfunds A. Interfund Accounts 71 B. Interfund Transfers 74 Note 8. Operating Leases 77 Note 9. Long-Term Debt A. Changes in Long-Term Debt 78 B. General Obligation Bonds Payable 80 C. Special Service District Bonds Payable 81 D. Revenue Bonds Payable 81 E.Notes Payable – IEPA Loans 82 F. Short term Loan with First Bank & Trust, Evanston 82 G. Post Employment benefits other than Pensions (Defined Benefit Plan)83 Note 10. Fund Equity A. Restrictions of Net Assets - Water Fund 85 B. Restricted Net Assets - Fiduciary Funds 85 C. Assigned Fund Balances 86 Note 11. Individual Fund Activities A. General Obligation Debt Service Fund 87 B. Water Fund 87 C. Special Service District No. 4 87 Note 12. Risk Management – Claims and Judgments 88 -47-127 of 728 CITY OF EVANSTON, ILLINOIS Index for Notes to the Financial Statements Page (continued from previous page) Note 13. Contingencies 89 Note 14. Joint Ventures A. Solid Waste Agency of Northern Cook County 89 B. Evanston Housing Corporation 91 Note 15. Deferred Compensation Plan 92 Note 16. Defined Benefit Pension Plans Illinois Municipal Retirement Fund A. Plan Description 93 B. Funding Status and Progress 94 C. Annual Pension Cost 94 Police and Firefighters' Pension Plans D. Plan Descriptions 96 E. Summary of Significant Accounting Policies - Basis of Accounting 98 - Method Used to Value Investments 98 F. Contributions and Reserves 99 G. Concentration of Investments 100 H. Five-Year Trend Information – Pension Trust Funds 100 I. Pensions - Detailed Statement of Net Assets 101 J. Pensions - Detailed Statement of Changes in Net Assets 102 K. Pensions - Actuarial Valuations 103 L. Funding Status and Progress 103 Note 17. Evanston Library Component Unit A.Types of Accounts and Securities 104 B.Reconciliation of Cash and Investments 105 C.Summary of Receivables 105 D.Capital Assets Activity 105 E.Long-term Debt 106 Note 18. Restatement of Net Position 106 -48-128 of 728 CITY OF EVANSTON, ILLINOIS Notes to the Financial Statements For the Fiscal Year ended December 31, 2013 NOTE 1. SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES The more significant of the City and Library accounting policies are described below. A. Reporting Entity Blended Component Unit: The Town of the City of Evanston, Illinois (Township) is a separate legal entity which administers General Assistance, a public welfare program assigned by Illinois law to townships. Eligible clients receive General Assistance for food, shelter, and medical needs. Through the town-fund levy, the Township also supports a number of community action programs, which provide direct servicesto welfarerecipients. The Township is governedby a Township Board of Trustees and provides services within the same geographic boundaries of the City. The Township Board of Trustees are the same individuals as the City Council. The Township board levies taxes and is responsible for adopting the Township budget and approving payment of bills. The Township has two elected officials: the Supervisor and the Assessor, each elected for four-year terms. The Supervisor is responsible for Township funds and for the administration of General Assistance. The Assessor does not actually assess property; that function is carried out by the Cook County Assessor. The Township Assessor serves as a taxpayer's advocate, helping citizens with tax-related questions. This report includes all of the funds of the City and the Library. The reporting entity for the City consists of the primary government and its component units. Component units are legally separate organizations for which the primary government is financially accountable or other organizations for which the nature and significance of their relationship with the primary government are such that their exclusion would cause the reporting entity's financial statements to be misleading. The primary government is financially accountable if (1) it appoints a voting majority of the organization's governing body and it is able to impose its will on that organization, (2) it appoints a voting majority of the organization's governing body and there is a potential for the organization to provide specific financial benefits to, or impose specific financial burdens on, the primary government, (3) the organization is fiscally dependent on and there is a potential for the organization to provide specific financial benefits to, or impose specific financial burdens on, the primary government. Certain legally separate, tax exempt organizations should also be reported as a component unit if all of the following criteria are met: (1) the economic resources received or held by the separate organization are entirely or almost entirely for the direct benefit of the primary government,its component units, or its constituents; (2) the primary government or its component units, is entitled to, or has the ability to access, a majority of the economic resources received or held by the separate organization; and (3) the economic resources received or held by an individual organization that the primary government, or its component units, is entitled to, or has the ability to otherwise access, are significant to the primary government. Component units are reported using one of two methods, discrete presentation or blending, Generally, component units should be discretely presented in a separate column in the financial statements. A component unit should be reported as part of the primary governmentusing the blending method if it meetsany one of the following criteria: (1) the primary governmentand the component unit have substantively the same governing body and a financial benefit or burden relationship exists, (2) the primary government and the component unit have substantively the same governing body and management of the primary government has operational responsibility for the component unit, (3) the component unit serves or benefits, exclusively or almost exclusively, the primary government rather than its citizens, or (4) the total debt of the component unit will be paid entirely or almost entirely from resources of the primary government. The financial statements of the City of Evanston (City) and Evanston Public Library (Library) have been prepared in conformity with accounting principles generally accepted in the United States of America as applied to governmental units (hereinafter referred to as "Generally Accepted Accounting Principles" (GAAP). The Governmental Accounting Standards Board (GASB) is the accepted standard-setting body for establishing governmental accounting and financial reporting principles. The Assessor also works to assure equity of assessments, and maintains records of building and demolition permits and of all tax-exempt properties. The Township Board of Trustees can issue debt on its own behalf, and such debt can be issued in the Township’s name alone. -49-129 of 728 CITY OF EVANSTON, ILLINOIS Notes to the Financial Statements For the Fiscal Year ended December 31, 2013 NOTE 1. SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES - Continued A. Reporting Entity - Continued Blended Component Unit - Continued: Discrete Component Unit Joint Ventures: B. Government-wide and Fund Financial Statements The Evanston Public Library (EPL) servesthe communitythrough 3 branches. The EPL partners with Northwestern University and other agencies to implement a digitally based science, technology, and math learning opportunities for teens. The EPL is continually focused on expanding summer reading programs to serve the patrons of all ages. The Library has also expanded community outreach by promoting library services at various local places and events. The City participates in two joint ventures, which are reported as nonequity governmental joint ventures and are described in Footnote 14. The joint ventures are: City of Evanston and Solid Waste Agency of Northern Cook County (SWANCC) and Evanston Housing Corporation. The Township is included in the Reporting Entity due to its financial accountability because the Township Board of Trustees are the sameindividuals as the City Council members. The Township has been previously reported at March 31 fiscal year-end. Amounts included in this report are as of and for the twenty one months ended December 31, 2013. The government-widefinancial statements (i.e., the statement of net position and the statement of activities) report information on all of the nonfiduciary activities of the City and the Library. The effect of interfund activity has been removed from these statements excluding interfund services provided. Governmental activities, which normally are supported by taxes and intergovernmentalrevenues, are reported separately from business-type activities, which rely to a significant extent on fees and charges for support. The statement of activities demonstrates the degree to which the direct expenses of a given function or segment are offset by program revenues. Direct expenses are those that are clearly identifiable with a specific function or segment. Programrevenues include 1) charges to customersor applicants who purchase, use, or directly benefit from goods, services,or privilegesprovided by a given function or segment and 2) grants and contributions that are restricted to meeting the operational or capital requirements of a particular function or segment. Taxes and other items not properly included among program revenues are reported instead as general revenues. The Township was dissolved as of April 30, 2014. Effective May 1, 2014, the City has taken over all Township functions. Evanston Public Library promotesthe developmentof independent, self-confident,and literatecitizens through the provision of open access to cultural, intellectual, and informational resources for all ages. The Library Fund was created as part of the FY2012 budget. But, starting FY 2013, Evanston Public Library financials are shown separately as a discrete component unit of the City of Evanston. The Library Debt Service Fund was also created as a part of FY2014 budget. The Library is governed by the Library Board of Trustees. The Board members are appointed by the Mayor of the City of Evanston. The Library Director submits a proposed budget to the Evanston Public Library (EPL) Board of Trustees for the upcoming calendar year. This budget is included in the budget documents submitted by the City Manager to the City Council. The Library budget is legally enacted through passage of a resolution by the EPL Board of Trustees. -50-130 of 728 CITY OF EVANSTON, ILLINOIS Notes to the Financial Statements For the Fiscal Year ended December 31, 2013 NOTE 1. SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES - Continued B. Government-wide and Fund Financial Statements - Continued C. Fund Accounting D. Measurement Focus, Basis of Accounting, and Financial Statement Presentation The City and the Library use funds to report on its financial position and the results of its operations. A fund is a separate accounting entity with a self-balancingset of accounts. Fund accounting is designedto demonstratelegal complianceand to aid financial management by segregating transactions related to certain government functions or activities. In March 2012, the GASB issued statement No. 65 - Items Previously Reported as Assets and Liabilities. This statement establishes accounting and financial reporting standards that reclassify, as deferred outflows of resources or deferred inflows of resources,certain itemsthat were previously reported as assets and liabilities and recognizes,as outflows of resourcesor inflows of resources, certain items that were previously reported as assets and liabilities. This standard was implemented effective January 1, 2013. Funds are classified into three categories: governmental, proprietary, and fiduciary. Each category, in turn, is divided into separate "fund types." The government-widefinancial statements are reported using the economic resources measurementfocus and the accrual basis of accounting, as are the proprietary fund statements. Revenues are recorded when earned and expenses are recorded when a liability is incurred, regardless of the timing of related cash flows. Property taxes are recognized as revenues in the year for which they are levied. Grants and similar items are recognized as revenue as soon as all eligibility requirementsimposed by the provider have been met. Separate financial statements are provided for governmental funds, proprietary funds, and fiduciary funds, even though the latter are excluded from the government-widefinancial statements. Major individual governmentalfunds and major individual enterprise funds are reported as separate columns in the fund financial statements. Nonmajor funds are reported in the supplementary information. Fiduciary funds are used to account for assets held on behalf of outside parties, including other governments, or on behalf of other funds within the City. When these assets are held under the terms of a formal trust agreement,a permanent fund is used. Agency funds generally are used to account for assets that the City holds on behalf of others as their agent. The pension trust fund accounts for the activities of the Police and Firefighters' Pension funds, which accumulate resources for pension benefit payments to retired police and fire personnel. In November 2010, the GASB issued statement No. 61 - The Financial Reporting Entity: Omnibus - an amendment of GASB Statements No. 14 and No. 34. This statement modifies certain requirements for inclusion of component units in the financial reporting entity. This standard was implemented effective January 1, 2013. Governmentalfunds are used to account for all or most of the City's generalactivities,including the collection and disbursement of earmarked monies (special revenue funds), the acquisition or construction of general capital assets (capital projects funds), and the servicingof generallong-termdebt (debt servicefunds). The generalfund is used to account for all activitiesof the City not accounted for in some other fund. All Township funds are considered special revenue funds within the governmentalfunds category. Governmentalfunds are used to account for all or most of the City's generalactivities,including the collection and disbursement of earmarked monies (special revenue funds), the acquisition or construction of general capital assets (capital projects funds), and the servicingof generallong-termdebt (debt servicefunds). The generalfund is used to account for all activitiesof the City not accounted for in some other fund. All Township funds are considered special revenue funds within the governmentalfunds category. Fiduciary funds are used to account for assets held on behalf of outside parties, including other governments, or on behalf of other funds within the City. When these assets are held under the terms of a formal trust agreement,a permanent fund is used. Agency funds generally are used to account for assets that the City holds on behalf of others as their agent. The pension trust fund accounts for the activities of the Police and Firefighters' Pension funds, which accumulate resources for pension benefit payments to retired police and fire personnel. Proprietary funds are used to account for activities similar to those found in the private sector, where the determination of net income is necessary or useful for sound financial administration. Goods or services from such activities can be provided either to outside parties (enterprise funds) or to other departments or agencies primarily within the City (internal service funds). Internal service funds are included with the governmental funds on the government-wide financial statements. -51-131 of 728 CITY OF EVANSTON, ILLINOIS Notes to the Financial Statements For the Fiscal Year ended December 31, 2013 NOTE 1. SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES – Continued D. Measurement Focus, Basis of Accounting, and Financial Statement Presentation - Continued 1.) Taxes 6.) Fines Property Traffic fines Sales (Home Rule) Utility 7.) Intergovernmental Personal property Motor fuel tax allotments Grants 2.) Licenses Supplemental Security Income reimbursements Income taxes 3.) Franchise fees Sales taxes Use tax 4.) Charges for services 8.) Investment income 5.) Recycling program fees and sales The City reports the following major governmental funds: Governmental funds report deferred inflows of resources in connection with receivables for revenues that are not considered to be available to liquidate liabilities of the current period. The General Obligation Debt is a debt service fund which accumulate monies for the principal and interest payments on general obligation debt. The City's and Library's governmentalfund financial statements are reported using the current financial resources measurement focus and the modifiedaccrual basis of accounting. Revenuesare recognizedas soon as they are both measurableand available. Revenues are considered to be available when they are collectible within the current period or soon enough thereafter to pay liabilities of the current period. For this purpose, the City and the Library considers property taxes as available if they are collected within 60 days of the end of the current fiscal period. A six month availability period is used for revenue recognition for all other governmental fund revenues. Expenditures generally are recorded when a liability is incurred, as under accrual accounting. However, debt service expenditures, as well as expenditures related to compensated absences, are recorded when payment is due or when amounts have been accumulated in the debt service fund for payment to be made early in the following year. The following revenuesassociated with the current fiscal period are all considered to be susceptible to accrual and so have been recognized as revenues of the current fiscal period. All other revenue items are considered to be measurable and available only when cash is received by the City and the Library. The General Fund is the City's primary operating fund. It accounts for all financial resources of the generalgovernment, except those required to be accounted for in another fund. The Capital Improvements Fund accounts for the City's capital improvement program. The program includes improvement to public buildings, paving of City streets, improvement of recreational facilities and other improvements. The Employer Pension Contribution Fund is a special revenue fund which accounts for the recognition of applicable tax revenues and employer contributions to the Pension Trust funds. -52-132 of 728 CITY OF EVANSTON, ILLINOIS Notes to the Financial Statements For the Fiscal Year ended December 31, 2013 NOTE 1. SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES – Continued D. Measurement Focus, Basis of Accounting, and Financial Statement Presentation - Continued The City reports the following major proprietary funds: Additionally, the City reports the following fund types: The Library reports the Operating fund and Endowment fund. The Water Fund accounts for the provision of water services to the residents of the City and the sale of water to the Village of Skokie, Illinois, and the Northwest Water Commission. All activities necessary to provide such services are accounted for in this fund, including, but not limited to, administration, operation, maintenance, financing and related debt service, and billing and collection. Internal Service funds account for the fleet management and insurance services provided to other departments or agencies of the government, or to other governments, on a cost reimbursement basis. As a general rule, the effect of interfund activity has been eliminated from the government-wide financial statements. Exceptions to this general rule are charges between the City's enterprise funds and various other functions of the government. Elimination of these charges would distort the direct costs and program revenues reported for the various functions concerned. Amounts reported as program revenues include 1) charges to customers for goods, services,or privilegesprovided, 2) operating grants and contributions, and 3) capital grants and contributions, including assessments. Internally dedicated resources are reported as general revenue rather than as program revenue. Likewise, general revenues include all taxes. The Sewer Fund accounts for the provision of sewer repair and improvement services to the residents of the City. All activities necessary to provide such services are accounted for in this fund, including administration, operations, financing, and billing and collection. Solid Waste Fund accounts for the recycling, refuse and yard waste removal services related fees and expenses. Refuse and yard waste are contracted out, while recycling is handled by the city staff. The Motor Vehicle Parking System accounts for the provision of the public and residential parking facility on Church Street, Maple Avenue, and Sherman Avenue, as well as all the City's parking lots and meters. All activities are accounted for including administration, operations, financing and revenue collection. Proprietary funds distinguish operating revenues and expenses from nonoperating items. Operating revenues and expenses generally result from providing services and producing and delivering goods in connection with a proprietary fund's principal ongoing operations. The principal operatingrevenuesof the enterprisefunds and of the City’s internal servicefunds are charges to customers for sales and services. Operating expenses for enterprise funds and internal service funds include the cost of sales and services,administrativeexpenses, and depreciation on capital assets. All revenues and expenses not meetingthis definition are reported as nonoperating revenues and expenses. Pension Trust funds account for the activities of the Police and Firefighters' Pension Funds, which accumulate resources for pension benefit payments to qualified public safety employees. -53-133 of 728 CITY OF EVANSTON, ILLINOIS Notes to the Financial Statements For the Fiscal Year ended December 31, 2013 NOTE 1. SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES – Continued D. Measurement Focus, Basis of Accounting, and Financial Statement Presentation – Continued E. Cash and Equivalents F. Investments G. Inventories and Prepaid Items Investmentsconsist of certificatesof deposit, treasury obligations, governmentagency obligations, and insurance contracts with maturities greater than three months. Investments for the pension funds are mostly comprised of treasury obligations, government agency obligations, fixed income and equity mutual funds, and stocks. Investments of the pension trust funds are carried at fair value. Investments with over one year to maturity are reported at fair value. All other investments are stated at cost or, for U.S. government securities, amortized cost. These securities may be purchased at a premium or discount which is amortized over the life of the investment. This valuation method approximates fair value. Cash and equivalents representcash on hand, cash deposited in interest-bearingand noninterest-bearingchecking accounts, and investmentsin money markets,certificatesof deposit, and treasury obligations with maturitiesof three months or less at the date of acquisition, and cash deposited with the Illinois Funds. Certain payments to vendors reflect costs applicable to future accounting periods and are recorded as prepaid items in both government-wide and fund financial statements. In governmental funds, prepaid items are recorded based on consumption method. When both restricted and unrestricted resources are available for use, it is the City and Library’s policy to use restricted resources first, then unrestricted resources as they are needed. Inventoriesin the Water, Sewer, and Fleet Service Funds are valued at the lower of cost (first-in, first-out) or market. Inventory amounts are recorded on the basis of a physical count. The City and the Library reports unearned revenues on its government funds statements. Unearned revenues arise when a potential revenue does not meet both the "measurable" and "available" criteria for recognition in the current period. Unearned revenues also arise when resources are received by the City before it has a legal claim to them, as when grant monies are received prior to the incurrence of qualifying expenditures. If subsequent revenue recognition criteria are met, or when the City/Library has a legal claim to the resources, the liability for unearned revenue is removed from the combined balance sheet and the revenue is recognized. -54-134 of 728 CITY OF EVANSTON, ILLINOIS Notes to the Financial Statements For the Fiscal Year ended December 31, 2013 NOTE 1. SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES – Continued H. Capital Assets Description Years Description Years Land improvements 10-100 Buildings and improvements 10-50 Leasehold improvements 10-100 Office equipment and furniture 5-15 Plant 20-100 Machinery and equipment 5-15 Transmission and distribution Infrastructure 30-100 system 5-100 Library collections 7 Sewer system and Intangible Assets 5-10 underground lines 75-100 Parking meters 15 I. Compensated Absences J. Long-Term Obligations Major outlays for capital assets and improvements are capitalized as projects are constructed. Interest incurred during the construction phase of capital assets of business-type activities is included as part of the capitalized value of the assets constructed. No interest was capitalized during the year. Property, plant, and equipment are depreciated, and intangible assets are amortized using the straight-line method over the following estimated useful lives: It is the City and the Library’s policy to permit employeesto accumulate earned but unused vacation and sick pay benefits. All payments due in the event of termination are accrued when incurred in the government-wide and proprietary fund financial statements. The General Fund has been used in prior years to liquidate the liability for compensated absences of governmental funds. Capital assets, which include property, plant, and equipment and infrastructure assets (e.g. roads, sidewalks, trails, bridges, and similar items), are reported in the applicable governmentalor business-type activitiescolumns in the government-widefinancial statements. Capital assets are defined by the governmentas equipment and vehicles with an initial, individual cost of morethan $20,000, or infrastructure, buildings, or building improvements with an initial, individual cost of more than $100,000. Such assets are recorded at historical cost or estimatedhistorical cost if purchased or constructed. Donated capital assets are recorded at estimated fair market value at the date of donation. In the government-wide financial statements and proprietary fund types in the fund financial statements, long-term debt and other long-term obligations are reported as liabilities in the applicable governmental activities, business-type activities, or proprietary fund type statement of net assets. Bond premiums and discounts, if material, are deferred and amortized over the life of the bonds. Bonds payable are reported net of the applicable bond premium or discount. The costs of normal maintenance and repairs that do not add to the value of the asset or materially extend assets' lives are not capitalized. Infrastructure acquired prior to the February 28, 2003 implementation of GASB 34 has been reported. In the fund financial statements, governmental fund types recognize bond premiums and discounts, as well as bond issuance costs, during the current period. The face amount of debt issued is reported as other financing sources. Premiums received on debt issuances are reported as other financing sources, while discounts on debt issuances are reported as other financing uses. Issuance costs, whether or not withheld from the actual debt proceeds received, are reported as debt service expenditures. -55-135 of 728 CITY OF EVANSTON, ILLINOIS Notes to the Financial Statements For the Fiscal Year ended December 31, 2013 NOTE 1. SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES – Continued K. Self-Insurance L. Deferred Inflows of Resources M. Property Taxes The property tax calendar for Cook County is as follows: Description Date Lien Date January 1 of Levy Year Levy Date December of Levy Year First Installment Due Date (55% of prior bill) March 1 / April 1 of Year following Levy Year Second Installment Due Date (balance of total bill) September 1 / October 1 of Year following Levy Year A deferred inflow of resources represents an acquisition of net position that applies to a future period and therefore will not be recognized as an inflow of resources (revenue) until that future time. The Town Fund and General Assistance Fund unearned revenue represents the net portion of the 2013 property tax levy that will not be collectedwithin 60 days of the Township's December31, 2013 year-end. A 5% allowance for loss is reflectedin the Township financial statements. The City and the Library are self-insured to certain limits for general liability claims and for workers' compensation insurance. A liability is recorded when it is probable that a loss has occurred and the amount of the loss can be reasonably estimated. Claims liabilities are based on estimates of the ultimate cost of reported claims including future claims adjustment expenses. General liability and workers' compensation claims are paid out of the Insurance Fund. Property tax revenues are recognized when they become both measurable and available. On this basis, property tax revenue includes all cash distributions of property tax receivedduring the fiscal period between January 1, 2013 and December31, 2013 and all property tax collections received within 60 days after the end of the fiscal period. A 2% allowance for loss is reflected in the City and the Library financial statements. Property taxes are collected by the Cook County Collector and are remitted periodically to all taxing bodies, including the City, Library and Township. Distributions are made more often during the two main collection periods. Property taxes are levied on a calendar year basis by passage of a tax levy ordinance. The adjustment necessary to convert GAAP basis property tax revenuesto budgetary basis is shown in the notes to the required supplementary information in the section on Budgets and Budgetary Accounting. -56-136 of 728 CITY OF EVANSTON, ILLINOIS Notes to the Financial Statements For the Fiscal Year ended December 31, 2013 NOTE 1. SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES - Continued N. Fund Equity The City and the Library consider restricted amounts to be spent first when both restricted and unrestricted fund balance is available unless there are legal documents / contracts that prohibit doing this, such as in grant agreementsrequiring dollar for dollar spending. Additionally, the City and the Library would first use committed,then assigned and lastly unassigned amounts of unrestricted fund balance when expenditures are made. Assignments may not create unassigned deficits in any fund. However, nonspendable, restricted, or committed fund balance may create an unassigned deficit. Also, restricted, committed, and assigned balances themselves may not be negative. Governmental fund equity is classified as fund balance. In February 2009, the GASB issued statement No. 54 – Fund Balance Reporting and GovernmentalFund Type Definitions. This statementestablishes fund balance classificationsbased primarilyon the extent to which the governmentis bound to honor constraints on the use of the resourcesreported in each governmentalfund as well as establishes additional notes disclosures regarding fund balance classification policies and procedures. The city council may, by an ordinance, establish, modify or remove a fund balance commitment. In accordance with Governmental Accounting Standards Board Statement No. 54 - Fund Balance Reporting and Governmental Fund Type Definitions, the City and the Library classifies governmental fund balance as follows: 1. Nonspendable - Includes fund balance amounts that can not be spent either because they are not in spendable form or because legal or contractual stipulations require them to be maintained intact. 2. Restricted- Consists of fund balances with constraints placed on their use either by 1) external groups such as creditors, grantors, contributors, or laws or regulations of other governments or 2) law through constitutional provisions or enabling legislation. 3. Committed- Includes fund balance amounts that are constrained for specific purposes that are internally imposed by the government through formal action of the highest level of decision making authority. Fund balance amounts are committed through a formal action of the city. This formal action must occur prior to the end of the reporting period, but the amount of commitment,which will be subject to constraints, may be determined in the subsequent period. Any changes to the constraints imposed require the same formal action of the city that originally created the commitment. 4. Assigned - Includes spendable fund balance amounts that are intended to be used for specific purposes that are not considered restrictedor committed.Fund balance may be assigned through the following; 1) Council may take official action to assign amounts. 2) All remaining positive spendable amounts in governmental funds, other than the general fund, that are neither restricted nor committed. Assignments may take place after the end of the reporting period. 5. Unassigned - Includes residual positive fund balance within the general fund which has not been classified within the other above mentioned categories. Unassigned fund balance may also include negative balances for any governmental fund if expenditures exceeds amounts restricted, committed, or assigned for those purposes. -57-137 of 728 CITY OF EVANSTON, ILLINOIS Notes to the Financial Statements For the Fiscal Year ended December 31, 2013 NOTE 1. SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES - Continued O. Interfund Transactions P. Use of Estimates Q. Effect of New Accounting Standards on Current Period Financial Statements R. Conduit Debt The City approved the issuance of $13,590,000 Series2011 RevenueBonds during the fiscal period ending December31, 2011 to provide financial assistance to RoycemoreSchool, deemed to be in public interest. The use of proceeds includes the property purchase and renovation of the 1201 Davis, the new location of the school and payment of miscellaneous costs. The bonds are secured by the property or mortgages financed and are payable from the moneys, securities and other revenues pledged under the indenture by the School. The City is not obligated in any manner for the repayment of bonds. Accordingly, the bonds outstanding are not reported as a liability in these financial statements.As of December31, 2013, outstanding bond balance was $13,590,000. The City approved the issuance of $5,000,000 Series 2010 Revenue Bonds during the fiscal year 2010-2011 to provide financial assistance to Chiravalle Montessori School, deemed to be in public interest. The use of proceeds includes the property purchase from City of Evanston, improvementto the existing building, refinancing existing debt and payment of miscellaneous costs. The bonds are secured by the property or mortgages financed and are payable from the moneys, securities and other revenues pledged under the indenture by the School. The City is not obligated in any manner for the repayment of bonds. Accordingly, the bonds outstanding are not reported as a liability in these financial statements. As of December 31, 2013, outstanding bond balance was $4,665,000. Transactions that constitute reimbursements to a fund for expenditures/expenses initially made from it that are properly applicable to another fund are recorded as expenditures/expenses in the reimbursing fund and as reductions of expenditures/expenses in the fund that is reimbursed. All other interfund transactions are reported as transfers. In preparing financial statements,managementis required to makeestimatesand assumptions that affect the reported amounts of assets and liabilities, the disclosure of contingent assets and liabilities at the date of the financial statements, and the reported amounts of revenues and expenses during the reporting period. Actual results could differ from those estimates. The Governmental Accounting Standards Board (GASB) has approved Statement No. 66, Technical Corrections - 2012 - an amendmentof GASB Statements No. 10 and No. 62; Statement No. 67, Financial Reporting for Pension Plans - an amendment of GASB Statement No. 25; Statement No. 68, Accounting and Financial Reporting for Pensions - an amendment of GASB StatementNo. 27; StatementNo. 69, Governmentand Disposals of GovernmentOperations; and StatementNo. 70, Accounting and Financial Reporting for Nonexchange Financial Guarantees. Application of these standards may restate portions of these financial statements. -58-138 of 728 CITY OF EVANSTON, ILLINOIS Notes to the Financial Statements For the Fiscal Year ended December 31, 2013 NOTE 2. RECONCILIATION OF GOVERNMENT-WIDE AND FUND FINANCIAL STATEMENTS A. General obligation bonds payable 117,531,511$ Bonds premium liability 4,559,212 Compensated absences payable 9,995,954 IMRF Pension contributions payable 3,049,242 First Bank Loan 648,812 Pension contributions payable 19,550,334 155,335,065$ B. 1. Capital outlay 5,918,368$ Capital outlay - contributions/other governmental activities 5,044,584 Depreciation expense (8,011,232) 2,951,720$ Net adjustments to reduce fund balance – total governmental funds to arrive at net position – governmental activities Explanation of Certain Differences between the Governmental Fund Balance Sheet and the Government- wide Statement of Net Position The governmental fund balance sheet includes a reconciliation between fund balance - total governmental funds and net position –governmental activities as reported in the government-wide statement of net position. One element of that reconciliation explains that “Long-term liabilities, including bonds payable, compensated absences payable, First Bank loan and pension contributions payable, are not due and payable in the current period and, therefore, are not reported in the funds.” The details of this difference are as follows: Explanation of Certain Differences between the Governmental Fund Statement of Revenues, Expenditures, and Changes in Fund Balances and the Government-wide Statement of Activities The government fund statement of revenues, expenditures, and changes in fund balances includes a reconciliation between net changes in fund balances – total governmental funds and changes in net position of governmental activities as reported in the government-wide statement of activities. One element of that reconciliation explains that “Governmental funds report capital outlays as expenditures. However, in the statement of activities, the cost of those assets is allocated over their estimated useful lives and reported as depreciation expense.” The details of this difference are as follows: Net adjustment to increase net changes in fund balances - total governmental funds to arrive at changes in net position of governmental activities -59-139 of 728 CITY OF EVANSTON, ILLINOIS Notes to the Financial Statements For the Fiscal Year ended December 31, 2013 NOTE 2. B. 2. Principal repayments: General obligation debt 33,041,424$ SSD#5 Bond 340,000 IMRF Pension contributions payable 2,876,517 36,257,941$ 3. Compensated absences (2,073,671)$ Amortization income 535,258 Pension contributions 765,385 IMRF Pension contributions payable (3,099,005) (3,872,033)$ 4. Bond (32,741,324)$ Bond premium liability (1,362,700) (34,104,024)$ Another element of that reconciliation states that "Some expenses reported in the statement of activities do not require the use of current financial resources and, therefore, are not reported as expenditures in governmental funds." The details of this difference are as follows: Net adjustment to increase net changes in fund balances - total governmental funds to arrive at changes in net position of governmental activities RECONCILIATION OF GOVERNMENT-WIDE AND FUND FINANCIAL STATEMENTS – Continued Explanation of Certain Differences between the Governmental Fund Statement of Revenues, Expenditures, and Changes in Fund Balances and the Government-wide Statement of Activities - Continued Another element of that reconciliation states that "The repayment of the principal of long-term debt consumes the current financial resources of governmental funds. These transactions, however, have no effect on net position." The details of this difference are as follows: Another element of that reconciliation states that "Issuance of Bonds provides current financial resources to governmental funds." The details of this difference are as follows: Net adjustment to increase net changes in fund balances – total governmental funds to arrive at changes in net position of governmental activities Net adjustment to decrease net changes in fund balances – total governmental funds to arrive at changes in net position of governmental activities -60-140 of 728 CITY OF EVANSTON, ILLINOIS Notes to the Financial Statements For the Fiscal Year ended December 31, 2013 NOTE 3. STEWARDSHIP, COMPLIANCE, AND ACCOUNTABILITY A. Budgetary Information The City follows these procedures in establishing the budgetary data reflected in the financial statements: 1. 2. Public budget hearings are conducted. Taxpayer comments are received and noted. 3. The budget is legally enacted through passage of a resolution. 4. 5. Blended Component Unit Discrete Component Unit 1. 2. 3. Budgets are legally adopted on a basis consistent with GAAP except that property taxes are budgeted as revenue in the year they are levied. For purposes of preparing the General Fund - Budget and Actual (Budgetary Basis) Schedule of Revenues, Expenditures, and Changes in Fund Balance, GAAP revenues and expenditures have been adjusted to the budgetary basis. The Township prepares its annual appropriation ordinance, which is synonymous with its budget, using the modified accrual basis of accounting. It covers both Township funds - Town Fund and General Assistance Fund. The Township follows procedures similar to those of the City in establishing the budgetary data reflected in the financial statements. The budget was not amended during the current fiscal period. Because of a calendar year, the Library Director submits a proposed operating budget for the upcoming fiscal year commencing January 1, 2015 to the Evanston Public Library (EPL) Board of Trustees. Upon approval of the budget proposal by the EPL Board, the library’s proposed budget is submitted to the City Manager. The Evanston Public Library budget is included in the budget documents which the City Manager will submit to the City Council. The operating budget includes proposed expenditures and the means of financing them. A series of public Library Board meetings are conducted as the EPL Board considers the budget proposal. Taxpayer comments are received and noted. The budget is legally enacted through passage of a resolution by the Evanston Public Library Board of Trustees . The Evanston Public Library follows these procedures in establishing the budgetary data reflected in the financial statements: Because of a calendar year, the City Manager will submit to the City Council a proposed operating budget for the upcoming fiscal year commencing January 1, 2015. The operating budget includes proposed expenditures and the means of financing them. The City Manager is authorized to transfer budgeted amounts between departments within any fund; however, any revisions that alter the total expenditures of any fund must be approved by the City Council. There were budget allocations within General fund but the total did not change. -61-141 of 728 CITY OF EVANSTON, ILLINOIS Notes to the Financial Statements For the Fiscal Year ended December 31, 2013 NOTE 3. STEWARDSHIP, COMPLIANCE, AND ACCOUNTABILITY - Continued A. Budgetary Information - Continued 4. 5. Fund Actual Budget Excess Township - General Assistance $ 2,535,983 $ 2,304,306 $ 231,677 General Obligation Debt 12,068,750 9,957,676 2,111,074 Special District #5 437,740 428,756 8,984 Howard Hartrey Tax Increment District 1,884,003 1,171,804 712,199 Washington National Tax Increment District 2,799,869 878,200 1,921,669 Howard Ridge Tax Increment District 726,231 - 726,231 Library 5,191,746 4,580,594 611,152 B. DEFICIT FUND EQUITY The Library Director is authorized to transfer budgeted amounts between Library departments within any Library fund; however, any revisions that alter the total expenditures of any Library fund must be approved by the EPL Board of Trustees. There were budget allocations within the Library fund but the total did not change. Budgets are legally adopted on a basis consistent with GAAP except that property taxes are budgeted as revenue in the year they are levied. For purposes of preparing the Library Operating Fund - Budget and Actual (Budgetary Basis) Schedule of Revenues, Expenditures, and Changes in Fund Balance, GAAP revenues and expenditures have been adjusted to the budgetary basis. The Special Service District No. 4 had a net deficit of $149,335 as of December 31, 2013. The City plans to use current resources to pay for future liabilities. The following funds had an excess of actual budgetary expenditures over original and final budget for the fiscal year ended December 31, 2013: The Solid Waste Fund had a net deficit of $1,283,560 as of December 31, 2013. The City plans to use current resources to pay for future liabilities. The Insurance Fund, an internal service fund, had a net deficit of $3,727,663 as of December 31, 2013. The City plans to use current resources to pay for future liabilities. The level of control (level at which expenditures may not exceed budget) is the fund. All unencumbered annual appropriations lapse at the end of the fiscal period. -62-142 of 728 CITY OF EVANSTON, ILLINOIS Notes to the Financial Statements For the Fiscal Year ended December 31, 2013 NOTE 4. DEPOSITS WITH FINANCIAL INSTITUTIONS AND INVESTMENTS A. Types of Accounts and Securities B. Pooling of Cash and Investments Illinois statutes and the City's investment policies authorize the City to invest in obligations of the U.S. Treasury, in Government Sponsored Enterprises (GSE) such as Federal Home Loan Mortgage Corporation (FHLMC), Federal Home Loan Bank (FHLB), and Fannie Mae (FNMA); Bankers Acceptances as well as commercial paper rated only in the highest tier; Repurchase agreements of the highest grade; Collateralized Certificates of Deposit issued by FDIC insured financial institutions, money market mutual funds with portfolios limited to securities guaranteed by the United States, the Illinois Metropolitan Investment Fund (IMET), and the Illinois Funds. It is the policy of the City to invest public funds in a manner whereby its investment objectives are prioritized in the following order: Safety of Principal, Liquidity, and Rate of Return. The City also seeks to maintain diversification of investments to avoid overconcentration of any one specific issuer or business sector. To mitigate interest rate risk, the City tries to structure the investment portfolio to meet daily cash flow needs so as to avoid needing to sell securities on the open market. The City seeks to attain market rates of return consistent with constraints imposed by safety and cash flow needs. The City invests to conform to all state and local statutes governing the investment of public funds. More detail is available in the City's investment policy. The Firefighters' and Police Pension Funds are set up for the exclusive purpose of providing retirement and other benefits to plan participants and beneficiaries. All investments are governed and authorized by the respective Fire and Police Pension Boards. The investment objectives and parameters mirror those listed above for the City of Evanston. However, unlike the City's public funds, the Firefighters and Police Pension funds may invest in various equity accounts up to a limit of 45% of the aggregate value of each respective fund's assets. The pension funds invest to conform to all state and local statutes governing pension funds. Additional detail is available in each pension fund's investment policies. Except for cash and investments in certain restricted and special accounts, the City pools the cash of various funds to maximize interest earnings. Interest income is allocated to the various funds based upon their respective participation. -63-143 of 728 CITY OF EVANSTON, ILLINOIS Notes to the Financial Statements For the Fiscal Year ended December 31, 2013 NOTE 4. DEPOSITS WITH FINANCIAL INSTITUTIONS AND INVESTMENTS - Continued C. Types of Investments Investment Maturities (In Years) Fair Value Less Than 1 Year 1 - 10 More Years Equities 4,387,881$ 4,387,881$ -$ -$ 61,770,836 - 1,633,688 60,137,148 23,148,559 481,027 22,667,532 - 17,334,870 2,475,490 14,859,380 - 1,890,952 413,320 1,477,632 - 5,345,096 531,930 4,813,166 - 9,289,492 432,952 8,856,540 - 115,401 115,401 - 29,090,675 - - 29,090,675 $ 152,373,762 $ 8,722,600 $ 54,423,339 $ 89,227,823 770,338$ 699,877 227,856 2,689,810 $ 4,387,881 As of December 31, 2013, the City has the following investments and maturities. The fair value of the Illinois Funds is the same as the value of the pool shares. Investment Type Fire and Police Pension Money Market / Liquid Assets Mutual Funds U.S. Treasuries Federal Home Loan Bank Federal Home Loan Mortgage Corp Fannie Mae Corporate Bonds Ginnie Mae Common Stock Total Fire and Police Investment Smith Barney Money Market JP Morgan Money Market Schwab Money Market MB Bank Money Market Total Money Market / Liquid Assets -64-144 of 728 CITY OF EVANSTON, ILLINOIS Notes to the Financial Statements For the Fiscal Year ended December 31, 2013 NOTE 4. DEPOSITS WITH FINANCIAL INSTITUTIONS AND INVESTMENTS – Continued C. Types of Investments - continued Illinois Funds City of Evanston 8,485,221$ Township 461,694 $ 8,946,915 IMET money market City of Evanston 21,167,361 Fire and Police pension plan 131,385 21,298,746 $ 30,245,661 Interest Rate Risk.The City's investment policy does not limit investment maturities as a means of managing its exposure to fair value losses arising from increasing interest rates. The objective is to maintain a core portfolio with maturities primarily in the three month to three years range. Custodial Credit Risk.For an investment, custodial credit risk is the risk that, in the event of the failure of the counterparty, the City will not be able to recover the value of its investment or collateral securities that are in the possession of an outside party. All of the City's investments were insured, registered, or held by the counterparty’s trust department in the City’s name. Concentration of Credit Risk.It is the policy of the City to diversify its investment portfolio.Investments shall be diversified to eliminate the risk of loss resulting from overconcentration in a security, maturity, issuer, or class of securities. At December 31, 2013, Police Pension Trust Fund had investments in each of U.S. Treasuries and Corporate Bonds that exceeded 10% of net position available for benefits. The Firefighters' Pension Trust Fund had investments in Corporate Bonds that exceeded 10% of net position available for benefits. Credit Risk.State law limits investments in commercial paper, corporate bonds, and mutual bonds funds to the top two ratings issued by nationally recognized statistical rating organizations. The City's investment policy does not impose further limits on investment choices. The Police and Fire Pension Funds have investments in corporate bonds with S&P ratings ranging from BBB- to AAA. The Illinois Funds and Money Markets were rated AAA by Standard & Poor's. The Illinois Metropolitan Investment 1 - 3 Year Fund (IMET) exclusively invests in AAA Standard & Poor's securities, such as treasury and agency obligations. IMET's convenience fund collateralizes all of its deposits 110%. Illinois Funds and IMET are an investment pools managed by the State of Illinois, Office of the Treasurer, and a Board of Trustees, respectively which allows governments within the State to pool their funds for investment purposes. They are not registered with the SEC as an investment company, but do operate in a manner consistent with Rule 2a7 of the Investment Company Act of 1940. The investments in the securities of the U.S.government agencies were all rated triple A or Aaa by the Standard & Poor’s and by Moody’s Investor’s Services. The following investments in Illinois Funds and IMET are valued at the fund’s share price, the price for which the investments could be sold. -65-145 of 728 CITY OF EVANSTON, ILLINOIS Notes to the Financial Statements For the Fiscal Year ended December 31, 2013 NOTE 4. DEPOSITS WITH FINANCIAL INSTITUTIONS AND INVESTMENTS – Continued D. Deposits City Township Fiduciary E. Reconciliation of Unrestricted and Restricted Cash and Investments Unrestricted cash and equivalents 62,227,857$ Unrestricted investments 363,439 Restricted cash and equivalents and investments 711,672 Total Cash and Investments – Primary Government 63,302,968 Fiduciary funds cash and equivalents 5,239,497 Fiduciary funds investments 147,985,882 Total Cash and Investments 216,528,347$ Carrying amount of deposits – from Note 4 D 33,908,924$ Illinois funds and IMET money market - from Note 4 C 30,245,661 Investments – from Note 4 C table 152,373,762 Total 216,528,347$ The total of unrestricted cash and investments and restricted cash and investments from the Statement of Net Position and for the fiduciary funds is reconciled to the preceding deposit and investment disclosures (Notes 4C and Notes 4D) as follows: Custodial Credit Risk.For a deposit, custodial credit risk is the risk that, in the event of the failure of the counterparty, the City will not be able to recover the value of its deposit or collateral securities that are in the possession of an outside party. All of the City's deposits were insured, collateralized, or filed by the counterparty's trust. Deposits consist of deposits in interest-bearing and noninterest-bearing checking accounts. At December 31, 2013, the carrying amount of the City's deposits, including cash on hand of $11,334 was $33,024,283. The financial institutions' balances totaled $31,945,941. At March 31, 2013, the carrying amount of the Township's deposits was $164,410. The financial institutions' balances totaled $205,628. Deposits consist of deposits in interest-bearing and noninterest-bearing accounts. At December 31, 2013, the carrying amount of the Pension's deposits was $720,231. The financial institutions' balances totaled $720,231. -66-146 of 728 CITY OF EVANSTON, ILLINOIS Notes to the Financial Statements For the Fiscal Year ended December 31, 2013 NOTE 5. RECEIVABLES A. Summary of Receivables Motor General Employer Vehicle Nonmajor General Obligation Pension Solid Parking and Other Fund Debt Contribution Water Sewer Waste System Funds Total Receivables: Property taxes 12,276,924$ 11,275,348$ 14,419,286$ -$ -$ -$ -$ 8,644,061$ 46,615,619$ Accounts - - - 2,543,764 2,297,696 654,481 - - 5,495,941 Notes - - - - - - - 7,781,837 7,781,837 Special assessments - - - - - - - 558,150 558,150 Other 2,752,574 - - - 860,353 - 19,784 963,592 4,596,303 Gross receivables 15,029,498 11,275,348 14,419,286 2,543,764 3,158,049 654,481 19,784 17,947,640 65,047,850 Less: allowance for uncollectibles (245,538) (225,507) (288,386) - - - - (262,881) (1,022,312) Net total receivables 14,783,960$ 11,049,841$ 14,130,900$ 2,543,764$ 3,158,049$ 654,481$ 19,784$ 17,684,759$ 64,025,538$ B. Notes Receivable – Special Revenue Funds Interest Loans Loan Rates Beginning Made Repayments Ending 0% - 8%6,967,452$ 876,551$ 152,166$ 7,691,837$ Receivables as of December 31, 2013 for the government’s individual major funds, nonmajor, internal service funds and fiduciary funds in the aggregate, including the applicable allowances for uncollectible accounts, are as follows: The City makes loans to City residents for the rehabilitation of single-family and multi-family housing. Initial funding for these loans was from Community Development Block Grant (CDBG) and Housing and Urban Development (HUD) Funds. Two types of loans are made: (1) title transfer loans which are due in full when the housing unit is sold, and (2) amortizing loans which are due in monthly installments over varying lengths of time. Repayments of principal and any interest earned on these receivables, which are recorded in the respective Special Revenue funds, are used to make additional rehabilitation loans. An allowance of $90,000 exists in the Special Revenue funds due to doubtful accounts. Loan activity for the current period is summarized as follows: Out of the total Notes Receivable, $7,539,671 is estimated not to be paid during the next year. Out of the total Special Assessment receivable, $325,100is estimated not to be paid during the next year. Governmental funds report deferred inflows of resources in connection with receivables for revenues that are not considered to be available to liquidate liabilities of the current period. Property taxes levied for the subsequent year less those collected within 60 days of year end are not earned and can not be used to liquidate liabilities of the current period. Governmental funds also defer revenue recognition in connection with resources that have been received, but not yet earned. At the end of the current fiscal period, the City's deferred inflows of resources consisted solely of property taxes levied for the subsequent years less those collected within 60 days of year end. -67-147 of 728 CITY OF EVANSTON, ILLINOIS Notes to the Financial Statements For the Fiscal Year ended December 31, 2013 NOTE 6. CAPITAL ASSETS A. Capital Asset Activity Capital asset activity for the fiscal year ended December 31, 2013, was as follows: Beginning Additions Deletions Transfers Ending Governmental activities: Capital assets, not being depreciated: Land 7,212,044$ -$ -$ -$ 7,212,044$ Right of way 18,695,896 - - - 18,695,896 Artwork 155,000 - - - 155,000 Construction in progress - 130,711 - - 130,711 Total capital assets, not being depreciated 26,062,940 130,711 - - 26,193,651 Capital assets, being depreciated/amortized: Buildings and improvements 75,650,699 2,651,097 - - 78,301,796 Office equipment and furniture 4,221,960 103,924 71,414 - 4,254,470 Intangible assets 6,395,426 577,207 88,585 - 6,884,048 Machinery and equipment 23,551,554 2,674,903 1,435,435 - 24,791,022 Infrastructure 150,441,250 7,249,569 - - 157,690,819 Capitalized leases 463,453 39,079 - - 502,532 Total capital assets being depreciated/amortized 260,724,342 13,295,779 1,595,434 - 272,424,687 Less accumulated depreciation/amortization for: Buildings and improvements 29,641,081 1,651,722 - - 31,292,803 Office equipment and furniture 3,028,885 165,239 71,414 - 3,122,710 Intangible assets 5,566,310 151,712 88,585 - 5,629,437 Machinery and equipment 15,701,154 1,694,338 1,419,340 - 15,976,152 Infrastructure 71,235,043 5,925,799 - - 77,160,842 Capitalized leases 463,453 1,954 - - 465,407 Total accumulated depreciation/amortization 125,635,926 9,590,764 1,579,339 - 133,647,351 Total capital assets being depreciated/amortized, net 135,088,416 3,705,015 16,095 - 138,777,336 Governmental activities capital assets, net 161,151,356$ 3,835,726$ 16,095$ -$ 164,970,987$ -68-148 of 728 CITY OF EVANSTON, ILLINOIS Notes to the Financial Statements For the Fiscal Year ended December 31, 2013 NOTE 6. CAPITAL ASSETS - Continued A. Capital Asset Activity - Continued Beginning Additions Deletions Transfers Ending Business-type activities: Capital assets, not being depreciated: Land 4,644,510$ -$ -$ -$ 4,644,510$ Construction in progress 6,417,547 9,031,341 3,094,861 - 12,354,027 Artwork 359,752 - - - 359,752 Total capital assets, not being depreciated 11,421,809 9,031,341 3,094,861 - 17,358,289 Capital assets, being depreciated/amortized: Land improvements 3,633,499 - - - 3,633,499 Buildings and improvements 76,405,856 1,169,624 - - 77,575,480 Leasehold improvements 302,752 - - - 302,752 Plant 40,255,568 1,060,639 91,999 - 41,224,208 Transmission and distribution system 41,439,487 - 758,792 - 40,680,695 Sewer system and underground lines 243,113,181 1,425,385 - - 244,538,566 Intangible assets 485,259 24,575 - - 509,834 Equipment 2,983,660 - - - 2,983,660 Parking meters 707,688 - - - 707,688 Total capital assets being depreciated/amortized 409,326,950 3,680,223 850,791 - 412,156,382 Less accumulated depreciation/amortization for: Land improvements 1,333,105 197,428 - - 1,530,533 Buildings and improvements 17,288,354 2,173,397 - - 19,461,751 Leasehold improvements 302,752 - - - 302,752 Plant 14,297,158 946,466 31,237 - 15,212,387 Transmission and distribution system 8,069,218 443,444 758,792 - 7,753,870 Sewer system and underground lines 43,002,336 3,285,492 - - 46,287,828 Intangible assets 173,326 69,615 - - 242,941 Equipment 2,219,995 181,419 - - 2,401,414 Parking meters 743,814 113,249 - - 857,063 Total accumulated depreciation/amortization 87,430,058 7,410,510 790,029 - 94,050,539 Total capital assets being depreciated/amortized, net 321,896,892 (3,730,287) 60,762 - 318,105,843 Business-type activities capital assets, net 333,318,701$ 5,301,054$ 3,155,623$ -$ 335,464,132$ -69-149 of 728 CITY OF EVANSTON, ILLINOIS Notes to the Financial Statements For the Fiscal Year ended December 31, 2013 NOTE 6. CAPITAL ASSETS - Continued A. Capital Asset Activity - Continued Depreciation expense was charged to functions/programs of the primary government as follows: Governmental activities: General management and support 360,369$ Public safety 561,200 Public works 5,259,956 Housing and Economic Development 7,460 Recreation and cultural opportunities 1,822,247 Internal Service Funds 1,579,532 Total depreciation expense – governmental activities 9,590,764$ Business – type activities: Water 1,449,757$ Sewer 3,320,883 Motor Vehicle Parking 2,639,870 Total depreciation expense – business – type activities 7,410,510$ B. Construction Commitments Capital Improvement Fund 2,189,390$ Sewer Fund 1,513,755 Water Fund 1,388,290 Total Construction Commitments 5,091,435$ The value of construction contracts signed, where the work has not yet been performed at December 31, 2013, is as follows: -70-150 of 728 CITY OF EVANSTON, ILLINOIS Notes to the Financial Statements For the Fiscal Year Ended December 31, 2013 NOTE 7. INTERFUNDS A. Interfund Accounts At December 31, 2013 interfund receivables and payables consist of the following: Due from Due to Funds Other Funds Other Funds Governmental Funds General Fund Emergency Telephone System -$ 50,978$ Economic Development 16,973 - Fleet Service 85,796 - Insurance - 575,413 Community Development Block Grant 714 - Capital Improvements - 25,163 Spec Assess CAP Project 23,968 - Water - 161,287 Sewer - 1,026,525 Solid Waste 1,427,436 - Neighborhood Stabilization Program 2 16,661 - Community Development Loan - 1,965 Neighborhood Improvement - - Howard Ridge TIF - 195,181 West Evanston 15,000 - Motor Vehicle Parking System 53,019 - Special Service DIST #4 190,000 - Affordable Housing - 20,000 Washington Natl TIF Debt Serv 500,000 - SSD #5 Debt Service - 370,000 Howard-Hartrey TIF Debt Serv 700,000 - Southwest TIF Debt Service - 290,000 General Obligation Debt Service - 550,000 Equipment Replacement - 1,280,000 Total General Fund 3,029,567 4,546,512 Capital Improvements General Fund 25,163 - General Obligation Debt Service 76,360 - Total Capital Improvements 101,523 - General Obligation Debt Service Fund General Fund 550,000 - Capital Improvements - 76,360 Fleet Service 19,001 - Total General Obligation Debt Service Fund 569,001 76,360 The outstanding balances between funds result mainly from the time lag between the dates that (1) interfund goods and services are provided or reimbursable expenditures occur, (2) transactions are recorded in the accounting system, and (3) payments between funds are made. -71-151 of 728 CITY OF EVANSTON, ILLINOIS Notes to the Financial Statements For the Fiscal Year Ended December 31, 2013 NOTE 7. INTERFUNDS - Continued A. Interfund Accounts - Continued Due from Due to Funds Other Funds Other Funds Nonmajor Governmental Funds Neighborhood Stabilization Program 2 General Fund -$ 16,661$ Economic Development General Fund - 16,973 Affordable Housing General Fund 20,000 - CD Loan Fund - 1,752 Total Affordable Housing 20,000 1,752 Emergency Telephone System General Fund 50,978 - Community Development Block Grant General Fund - 714 Spec Assess CAP Project - 33,352 CD Loan Fund - 23 Affordable Housing 1,752 - Total Community Development Block Grant 1,752 34,089 Community Development Loan General Fund 1,965 - Community Development Block Grant 23 - Total Community Development Loan 1,988 - Washington Natl. Tax Increment District Debt Svc. General Fund - 500,000 Total Washington Natl. Tax Increment District Debt Svc.- 500,000 Howard Ridge Tax Increment District General Fund 195,000 - Howard Hartrey Tax increment District General Fund - 700,000 Total Howard Hartrey Tax increment District - 700,000 Special Service District No. 4 General Fund - 190,000 Total Special Service District No. 4 - 190,000 Special Service District No. 5 General Fund 370,000 - Total Special #5 Debt Service Fund 370,000 - Southwest Tax Increment District General Fund 290,000 - Total Southwest Tax Increment District 290,000 - West Evanston Tax Increment District General Fund - 15,000 Total West Evanston Tax Increment District - 15,000 Town General Assistance 14,446 - General Assistance Town - 14,446 -72-152 of 728 CITY OF EVANSTON, ILLINOIS Notes to the Financial Statements For the Fiscal Year Ended December 31, 2013 NOTE 7. INTERFUNDS - Continued A. Interfund Accounts - Continued Due from Due toFundsOther Funds Other Funds Nonmajor Governmental Funds - Continued Spec Assess CAP Project General Fund -$ 23,968$ CBDG Fund 33,352 - Water Fund 412 - Total Spec Assess CAP Project 33,764 23,968 Total Nonmajor Governmental Funds 977,928 1,512,889 Total Governmental Funds 4,678,019 6,135,761 Enterprise Funds Water General Fund 161,287 - Sewer Fund 31,147 - Motor Vehicle Parking System 1,762 - Howard Ridge TIF 55 - Solid Waste - 19,944 Special Assessment CP Fund - 412 Total Water 194,251 20,356 Sewer General Fund 1,026,525 - Howard Ridge TIF 126 - Water Fund - 31,147 Total Sewer 1,026,651 31,147 Solid Waste General Fund - 1,427,436 Water Fund 19,944 - Total Solid Waste 19,944 1,427,436 Motor Vehicle Parking System General Fund - 53,019 Water Fund - 1,762 Total Motor Vehicle Parking System - 54,781 Total Enterprise Funds 1,240,846 1,533,720 Internal Service Funds Fleet Services General Fund - 85,796 General Obligation Debt Service - 19,001 Equipment replacement - 63,937 Total Fleet Services - 168,734 Insurance General Fund 575,413 - Equipment replacement 68,743 - Total Insurance 644,156 - Equipment Replacement General Fund 1,280,000 - Fleet Service 63,937 - Insurance Fund - 68,743 Total Equipment Replacement 1,343,937 68,743 Total Internal Service Funds 1,988,093 237,477 Total Primary Government 7,906,958$ 7,906,958$ -73-153 of 728 CITY OF EVANSTON, ILLINOIS Notes to the Financial Statements For the Fiscal Year Ended December 31, 2013 NOTE 7. INTERFUNDS - Continued B. Interfund Transfers At December 31, 2013 transfers in / out consist of the following: Transfers Transfers Funds In Out Governmental Funds General Fund Emergency Telephone System Fund 125,950$ -$ Neighborhood Stabilization Program 2 87,624 - Affordable Housing Fund 23,990 - Washington Natl. Tax Increment District Debt Svc.331,000 - Howard Hartrey Tax Increment District 144,400 - Southwest Tax Increment District 29,500 - Capital Improvement Fund 475,000 - Fleet Services - 600,000 Insurance Fund - 500,000 Water Fund 3,356,300 - Sewer 142,200 - Motor Vehicle Parking System 644,242 - Solid Waste Fund - 1,245,967 Howard Ridge Tax Increment District 120,400 - Motor Fuel Tax Fund 833,000 - West Evanston Tax Increment District 60,000 - General Obligation Debt Service Fund - 1,000,000 Economic Development 452,707 - Total General Fund 6,826,313 3,345,967 Capital Improvements General Fund - 475,000 General Obligation Debt Service Fund General Fund 1,000,000 - Special Assessment 317,660 - Sewer - 1,851,827 Total General Obligation Debt Service Fund 1,317,660 1,851,827 Nonmajor Governmental Funds Economic Development Howard Ridge48,500 - General Fund - 452,707 Total Economic Development 48,500 452,707 Transfers are used to 1) move revenues from the fund with collection authorization to the debt service fund as debt service principal and interest payments become due, 2) move restricted amounts from borrowings to the debt service fund to establish mandatory reserve accounts, 3) move restricted general fund revenues to finance various programs that the government must account for in other funds in accordance with budgetary authorization, including amounts provided as subsidies or matching funds for various grant programs. -74-154 of 728 CITY OF EVANSTON, ILLINOIS Notes to the Financial Statements For the Fiscal Year Ended December 31, 2013 NOTE 7. INTERFUNDS - Continued B. Interfund Transfers - Continued Transfers Transfers Funds In Out Nonmajor Governmental Funds - Continued Southwest Tax Increment District General Fund -$ 29,500$ Howard Hartrey Tax Increment District General Fund - 144,400 Howard Ridge Tax Increment District Economic Development 48,500 General Fund - 120,400 Total Howard Ridge Tax Increment District - 168,900 Washington Natl. Tax Increment District Debt Svc. General Fund - 331,000 Motor Vehicle Parking System - 3,631,350 Total Washington National Tax Increment District - 3,962,350 West Evanston Tax Increment District General Fund - 60,000 Emergency Telephone System General Fund - 125,950 Special Assessment General Obligation Debt Service Fund - 317,660 Affordable Housing Fund General Fund - 23,990 Motor Fuel Tax General Fund - 833,000 Neighborhood Stabilization Program 2General Fund - 87,624 Total Nonmajor Governmental Funds 48,500 6,206,081 Total Governmental Funds 8,192,473 11,878,875 Enterprise Funds Water General Fund - 3,356,300 Total Water - 3,356,300 Sewer General Fund - 142,200 General Obligation Debt Service Fund 1,851,827 - Total Sewer 1,851,827 142,200 Motor Vehicle Parking System General Fund - 644,242 Washington National Tax Increment District 3,631,350 - Total Motor Vehicle Parking System 3,631,350 644,242 Solid WasteGeneral Fund 1,245,967 - Total Enterprise Funds 6,729,144 4,142,742 -75-155 of 728 CITY OF EVANSTON, ILLINOIS Notes to the Financial Statements For the Fiscal Year Ended December 31, 2013 NOTE 7. INTERFUNDS - Continued B. Interfund Transfers - Continued Transfers Transfers Funds In Out Internal Service Funds Fleet Services General Fund 600,000$ -$ Insurance General Fund 500,000 - Total Internal Service Funds 1,100,000 - Total Primary Government 16,021,617$ 16,021,617$ -76-156 of 728 CITY OF EVANSTON, ILLINOIS Notes to the Financial Statements For the Fiscal Year Ended December 31, 2013 NOTE 8. Operating Leases Number of Monthly Annual lease Leasing Co.Expiration Machines Payment payment Type of Machines Chicago Office Technology Group 7/31/2014 9 1,642 16,420$ Copiers Mail Finance 4/30/2018 1 375 4,500 Postage Machine Minimum annual lease payments are as follows: Year ending 12/31/2014 15,994 Year ending 12/31/2015 4,500 Year ending 12/31/2016 4,500 Year ending 12/31/2017 4,500 Year ending 12/31/2018 1,500 30,994$ The City of Evanston has nine digital office copiers leased from Chicago Office Technology Group. The copiers are located in the Evanston Civic Center and the Evanston Police headquarter. The City entered into lease agreement for these copiers during the 2010-11 fiscal year. The lease term is 48 months starting August, 2010. The City entered into lease agreement for postage machine with Neopost during the 2012 fiscal year. The machine is located on the first floor in the Civic Center. The lease term is 63 months with the first payment due in February, 2013. -77-157 of 728 CITY OF EVANSTON, ILLINOIS Notes to the Financial Statements For the Fiscal Year ended December 31, 2013 NOTE 9. LONG-TERM DEBT A. Changes in Long-Term Debt Final Interest Maturity Balance Balance Due Within Rate Date 12/31/2012 Issued Payments 12/31/2013 One Year G.O. Debt Governmental Activities Series 2004 2.00%-5.00% 12/1/2023 9,881,794$ -$ 9,881,794$ -$ -$ Series 2004B 2.00%-5.25% 12/1/2017 2,830,000 - 2,830,000 - - Series 2005 3.25%-5.00% 12/1/2025 12,815,536 - 12,815,536 - - Series 2006 3.85%-5.00% 12/1/2026 9,550,000 - 135,000 9,415,000 235,000 Series 2006B 4.00%-4.25% 12/1/2023 14,430,000 - 35,000 14,395,000 55,000 Series 2007 4.00%-5.00% 12/1/2016 14,993,099 - 1,000,000 13,993,099 1,949,709 Series 2008A 3.00%-5.00% 12/1/2021 3,020,000 - 300,000 2,720,000 300,000 Series 2008C 3.00%-5.00% 12/1/2028 8,542,500 - 381,900 8,160,600 397,980 Series 2008D 3.25%-5.00% 12/1/2016 5,117,440 - 2,480,000 2,637,440 1,705,600 Series 2010A 2.00%-3.625% 12/1/2029 5,960,000 - 305,000 5,655,000 305,000 Series 2010B 1.00%-3.30% 12/1/2019 5,487,920 - 647,358 4,840,562 684,946 Series 2011A 2.00%-4.50% 12/1/2031 14,128,322 - 1,234,836 12,893,486 1,250,432 Series 2012A (SSA#5)2.00%-3.25% 12/1/2032 1,515,000 - 340,000 1,175,000 380,000 Series 2012A 2.00%-3.25% 12/1/2032 9,900,000 - 995,000 8,905,000 1,035,000 Series 2013A 2.00%-4.75% 12/1/2033 - 10,565,000 - 10,565,000 20,000 Series 2013B 2.00%-3.00% 12/1/2025 - 22,176,324 - 22,176,324 1,721,005 Subtotal Governmental Activities 118,171,611 32,741,324 33,381,424 117,531,511 10,039,672 Bonds premium liability 3,731,770 1,362,700 535,258 4,559,212 - OPEB liability 1,671,636 120,482 - 1,792,118 - Pension contributions 20,315,719 14,076,602 14,841,987 19,550,334 - Compensated absences payable- City 8,013,066 6,200,667 3,914,022 10,299,711 3,913,890 IMRF Pension contributions 2,826,754 3,099,005 2,876,517 3,049,242 - First Bank Loan 648,812 - - 648,812 - Claims payable 7,260,767 735,307 3,204,614 4,791,460 2,414,551 Subtotal Other G.A. Liabilities 44,468,524 25,594,763 25,372,398 44,690,889 6,328,441 Total Governmental Activity Debt & Liabilities 162,640,135$ 58,336,087$ 58,753,822$ 162,222,400$ 16,368,113$ G.O. Debt Business-type Activities Series 2005 Sherman Garage 3.25%-5.00%12/1/2025 6,945,000$ -$ 6,945,000$ -$ -$ Series 2005 Sewer 3.25%-5.00%12/1/2025 250,000 - 250,000 - - Series 2007 Sewer 4.00%-5.00%12/1/2016 1,050,000 - 185,000 865,000 195,000 Series 2007 Parking 4.00%-5.00%12/1/2016 750,000 - 130,000 620,000 140,000 Series 2008B Sherman Garage 3.00%-5.00%12/1/2018 11,905,000 - 1,790,000 10,115,000 1,685,000 Series 2008C Sewer 3.00%-5.00% 12/1/2028 2,082,500 - 93,100 1,989,400 97,020 Series 2008D Sewer 3.25%-5.00% 12/1/2016 945,000 - 945,000 - - Series 2010B 1.00%-3.30% 12/1/2019 1,082,080 - 127,643 954,437 135,054 Series 2011A 2.00%-4.50% 12/1/2031 3,906,677 - 165,165 3,741,512 169,568 Series 2012A 2.00%-3.25% 12/1/2032 4,305,000 - - 4,305,000 175,000 Series 2013A- Water 2.00%-4.75% 12/1/2033 - 2,000,000 - 2,000,000 55,000 Series 2013B 2.00%-3.00% 12/1/2025 - 5,821,009 - 5,821,009 671,876 Subtotal Business-type Activities 33,221,257 7,821,009 10,630,908 30,411,358 3,323,518 Water Revenue Bond Series 1999 4.125-4.375% 1/1/2014 595,000 - 290,000 305,000 305,000 IEPA Loans 2.535-3.59%Various 70,375,368 2,547,781 8,264,767 64,658,382 7,919,121 Unamortized bond Premium and discount 10,348 - 1,129 9,219 - Bonds premium liability 796,055 318,825 165,438 949,442 - Compensated absences payable- City 886,464 674,296 584,854 975,906 463,555 IMRF Pension contributions 604,019 672,418 624,143 652,294 - OPEB Liability 225,286 46,873 - 272,159 - Subtotal Other Business-type Activity Liabilities 2,522,172 1,712,412 1,375,564 2,859,020 463,555 Total Business-type Activities Debt & Liabilities 106,713,797$ 12,081,202$ 20,561,239$ 98,233,760$ 12,011,194$ Total Governmental & Business-type Activities Debt & Liabilities 269,353,932$ 70,417,289$ 79,315,061$ 260,456,160$ 28,379,308$ Note: Employer Pension Contribution Fund has been used to liquidate the net pension obligation. Sewer Fund, Water Fund, Solid Waste, Parking Fund and General Fund have been used to liquidate IMRF Pension liability. General Fund, Fleet Fund, Water Fund, Parking Fund, Solid Waste Fund and Sewer Funds have been used to liquidate other post employment benefit obligations. -78-158 of 728 CITY OF EVANSTON, ILLINOIS Notes to the Financial Statements For the Fiscal Year ended December 31, 2013 NOTE 9- LONG-TERM DEBT - Continued A. Changes in Long-term Debt- Continued Business type activities - Water Revenue Bonds Revenue debt payable consists of the following: Date of Final Interest Original Issue Maturity Rates Indebtedness Balance 1/25/1999 1/1/2014 Various 3,500,000$ 305,000$ Business type activities - IEPA Loans IEPA loans payable consist of the following: Date of Final Interest Original Various Various Various 148,449,812$ 64,658,382$ Total Business type Activities- IEPA Loan Debt 64,658,382$ Business type activities revenue bonds are payable from revenues derived from Water service fees. The City has pledged future revenues, net of operating expenses, to repay original principal totaling $5,855,000 in revenue bonds issued in 1999 and 2002. Proceeds from the bonds provided financing for Water CIP projects. The bonds are payable solely from revenues through 2014. Annual interest payment on the bonds is expected to require $6,672 of net revenues for the year ended December 31, 2014. The total principal and interest remaining to be paid on the bonds is $311,672. Principal and interest paid for the current period totaled $309,687 on net customer revenues of $6,482,041. Business type activities IEPA loans are payable from revenues derived from Sewer and Water service fees. The City has pledged future revenues, net of operating expenses, to repay principal totaling $148,449,812 in IEPA loans issued in 1993 through 2013. Proceeds from the loans provided financing for the Long Term Sewer and Water Improvement Program. The IEPA loans, payable from operating revenues and property tax levies, are payable through 2033. The City of Evanston issued $1,955,000 in GO bonds during the fiscal year to repay IEPA loan payments. Annual principal and interest on the loans are expected to require $9,529,867 of net revenues for the Fiscal year 2014. The total principal and interest remaining to be paid on the loans is $73,572,562. Principal and interest paid for the current period and total customer net revenues were $10,041,859 and $11,176,088 respectively. -79-159 of 728 CITY OF EVANSTON, ILLINOIS Notes to the Financial Statements For the Fiscal Year ended December 31, 2013 NOTE 9- LONG-TERM DEBT - Continued B. General Obligation Bonds Payable The City issues general obligation bonds to provide funds for the acquisition and construction of major capital facilities. General obligation bonds have been issued for both governmental and business-type activities. General obligation bonds are direct obligations and pledge the full faith and credit of the City. These bonds generally are issued as 20-year serial bonds with equal amounts of principal maturing each year. In July, 2013 the City issued Series 2013A in General Obligation bonds for a total of $12,565,000. The Bonds were issued to provide financing for certain public improvement projects. The Bond issue also included money to deposit into debt service funds of the City's Sewerage System for purposes of paying certain outstanding obligations on their scheduled payment dates. In October, 2013 the City issued Series 2013B in General Obligation Refunding Bonds for a total of $28,875,000. The Bonds were issued to current refund Series 2004, Series 2004B and Series 2005 Bonds. This resulted in a net savings of $4,421,838 which translates to a net present value savings of $4,172,774. -80-160 of 728 CITY OF EVANSTON, ILLINOIS Notes to the Financial Statements For the Fiscal Year ended December 31, 2013 NOTE 9- LONG-TERM DEBT - Continued B. General Obligation Bonds Payable - Continued Year Ending Governmental Activities Business-type Activities December 31 Principal Interest Principal Interest 2014 10,039,673$ 4,403,888$ 3,323,518$ 1,128,618$ 2015 9,228,118 3,961,243 4,249,946 989,187 2016 9,870,943 3,652,868 4,390,816 849,761 2017 9,408,864 3,359,908 4,962,126 704,679 2018 9,056,234 3,048,121 3,916,935 492,766 2019-2023 40,258,473 10,605,637 3,280,321 1,569,137 2024-2028 22,373,602 4,088,823 3,713,306 949,051 2029-2033 7,295,605 789,062 2,574,390 257,201 Total 117,531,511$ 33,909,550$ 30,411,358$ 6,940,400$ C. Special Service District Bonds Payable For the Fiscal Year ending Principal Interest 2014 380,000 68,875 2015 390,000 46,605 2016 405,000 23,745 Total 1,175,000$ 139,225$ D. Revenue Bonds Payable Revenue bond debt service requirements to maturity are as follows: For the Fiscal Year ending Principal Interest 2014 305,000 6,672 Total 305,000$ 6,672$ The following schedule illustrates the annual debt service requirements to maturity for general obligation bonds. The City also issued debt in the Special Service District No. 5 fund to provide funds for the principal and interest payments on unlimited ad valorem tax bonds issued for this special taxing district. Special Service District bond is included within the total of General Obligation Bonds. Annual debt service requirements to maturity for special service district bonds are as follows: Governmental Activities The City also issued revenue bonds where the City pledges income derived from the acquired or constructed assets to pay debt service. The bonds were issued to finance construction projects related to the water treatment plant. Business-type Activities -81-161 of 728 CITY OF EVANSTON, ILLINOIS Notes to the Financial Statements For the Fiscal Year ended December 31, 2013 NOTE 9- LONG-TERM DEBT - Continued E. Notes Payable -IEPA Loans Notes payable – IEPA debt service requirements to maturity are as follows: For the Fiscal Year ending Principal Interest 2014 7,919,121$ 1,610,746$ 2015 7,662,016 1,397,343 2016 7,142,676 1,197,718 2017 6,525,203 1,012,267 2018 6,071,092 843,409 2019-2023 20,169,577 2,313,767 2024-2028 8,287,639 491,248 2029-2033 881,058 47,682 Total 64,658,382$ 8,914,180$ F. Loan with First Bank & Trust, Evanston As of December 31, 2013, the City currently has 25 outstanding loans from the IEPA. The City will repay the loans solely from revenues derived from the sewer and water system; the loans do not constitute a full faith and credit obligation of the City. They will be repaid with equal installments consisting of principal plus simple interest, on unpaid principal balances, over a period of 20 years. Initial principal balances will consist of disbursements and interest accrued during construction. Repayments begin not later than six months after completion of construction. Business-type Activities During the last fiscal year, the city set up a loan/line of credit with First Bank and Trust, Evanston in the amount of $2,200,000. The loan term is three years with a maturity date of August 27, 2015. As of December 31, 2013, the city had drawn $648,812 for two projects funded out of TIF funds. The interest rate will be calculated based on 1.00 percentage point over one month "LIBOR" rate index. -82-162 of 728 CITY OF EVANSTON, ILLINOIS Notes to the Financial Statements For the Fiscal Year ended December 31, 2013 NOTE 9- LONG-TERM DEBT - Continued G. Post Employment Benefits other than Pensions (Defined Benefit Plan) City Library Annual Required Contribution 1,072,601 15,912 Interest on net OPEB obligation 85,361 1,171 Adjustment to Annual Required Contribution (72,440) (994) Annual Pension Cost 1,085,522 16,089 Contributions made (918,167) (1,463) Increase (decrease) in net pension obligation 167,355 14,626 Net OPEB obligation - Beginning 1,896,922 26,028 Net OPEB obligation - Ending 2,064,277$ 40,654$ Percentage of Fiscal Period Annual OPEB Annual OPEB Net OPEB Ended Cost Cost Contributed Liability 12/31/2011 926,885 86.63% 1,654,996 12/31/2012 1,113,107 78.27% 1,896,922 12/31/2013 1,085,522 84.58% 2,064,277 The City of Evanston's and Library's group health insurance plan provides coverage to active employees and retirees (or other qualified terminated employees) at blended premium rates. This results in an other post employment benefit (OPEB) for the retirees, commonly referred to as an implicit rate subsidy. The group health insurance plan does not issue a publicly available financial report. Contribution requirements are established through Illinois State laws. The City of Evanston and Library implicitly contributes the difference between retiree's contributions and unblended rates. Retirees pay 100% of the blended premiums to cover themselves and their covered dependents ranging from $507 for single coverage to $1,953 for family coverage. The city pays 100% of health care premiums for Police officers and Firefighters, their dependents and their surviving spouses and dependent children if they were injured or killed in the line of duty during an emergency, ranging from $507 for single coverage to $1,953 for family coverage. For the year ended December 31, 2013, the City's estimated contribution to the plan is $918,167. The City of Evanston's and Library's annual other post employment benefit (OPEB) cost (expense) is calculated based on the annual required contribution of the employer (ARC), an amount actuarially determined in accordance with parameters of GASB Statement No.45. The ARC represents a level of funding that, if paid on an ongoing basis, is projected to cover normal cost each year and amortize any unfunded actuarial liabilities (or funding excess) over a period not to exceed thirty years. The following table shows the components of the City of Evanston's and Library's annual OPEB cost for the year ended December 31, 2013, the estimated contributions to the plan and changes in the City's and Library's net OPEB obligation to the retiree health plan. The City of Evanston's annual OPEB cost, the percentage of annual OPEB cost contributed to the plan and the net OPEB obligation for 2013 and the two years prior were as follows. -83-163 of 728 CITY OF EVANSTON, ILLINOIS Notes to the Financial Statements For the Fiscal Year ended December 31, 2013 NOTE 9- LONG-TERM DEBT - Continued G. Post Employment Benefits other than Pensions (Defined Benefit Plan) - Continued Percentage of Fiscal Period Annual OPEB Annual OPEB Net OPEB Ended Cost Cost Contributed Liability 12/31/2011 12,857 8.72% 11,736 12/31/2012 15,508 7.84% 26,028 12/31/2013 16,089 9.09% 40,654 City Library Actuarial accrued liability (AAL)15,870,326$ 148,419$ Actuarial value of plan assets - - Unfunded Actuarial Accrued Liability (UAAL) 15,870,326$ 148,419$ Funded ratio (actuarial value of plan assets/AAL) - - Covered payroll (active plan members) 45,455,695 1,568,343 UAAL as a percentage of covered payroll 34.91% 9.46% Projections of benefits for financial reporting purposes are based on the substantive plan (the plan is understood by the employer and plan members) and include the types of benefits provided at the time of each valuation and the historical pattern of sharing benefit costs between the employer and plan members to that point. The actuarial methods and assumptions used include techniques that are designed to reduce short-term volatility in actuarial accrued liabilities and the actuarial value of assets, consistent with the long-term perspective of calculations. In the actuarial valuation as of January 1 2013, the entry age normal cost method was used. The actuarial assumptions include a 7.00 percent investment rate of return and an annual healthcare cost trend date of 8.50 percent initially, reduced by decrements to an ultimate rate of 4.50 percent in the year 2020. Both rates include a 2.5 percent price inflation assumption. The actuarial value of retiree health plan assets was determined using techniques that spread the effects of short term volatility in the market value of investments over a three year period. Retiree health plan's unfunded actuarial accrued liability is being amortized as a level percentage of projected payroll on an open basis. The amortization period at December 31, 2013, was 30 years. Actuarial valuations of an ongoing plan involve estimates for the value of reported amounts and assumptions about the probability of occurrence of events far into the future.Examples include assumptions about future employment, mortality and the health care trend. Amounts determined regarding the funded status of the plan and annual required contributions of the employer are subject to continual revision as actual results are compared with past expectations and new estimates are made about the future. The schedule of funding progress,presented as required supplementary information following the notes to the financial statements, presents multiyear trend information that shows whether the actuarial value of plan assets is increasing or decreasing over time relative to the actuarial accrued liabilities for benefits. The Library's annual OPEB cost, the percentage of annual OPEB cost contributed to the plan and the net OPEB obligation for 2013 and the two years prior were as follows. The funded status of the City and Library plan based on the projected valuation results as of December 31, 2013, was follows: -84-164 of 728 CITY OF EVANSTON, ILLINOIS Notes to the Financial Statements For the Fiscal Year ended December 31, 2013 NOTE 10. FUND EQUITY A. Restrictions of Net Position - Water Fund B. Restricted Net Position - Fiduciary Funds Fiduciary Funds Firefighters' Pension Fund Restriction for employee pension benefits 65,024,941$ Police Pension Fund Restriction for employee pension benefits 90,763,143 Total Fiduciary Funds 155,788,084$ Surplus Revenue Account - All revenues remaining after all other credits in the Water Fund have been made shall be credited to this account and be used for: making up any deficiency necessary to credit prior accounts with the required amounts; paying principal of, or interest on, any junior lien bonds; transfer to any other account of the fund; and any lawful corporate purpose, at the discretion of the City Council. The ordinances authorizing the issuance of the Water revenue bonds provided for the creation of separate reserve accounts designated as “Bond and Interest Account”, “Bond Reserve Account”, “Depreciation, Improvement, and Extension Account”, and “Surplus Revenue Account”. Descriptions of each follow: Bond Reserve Account - The account shall accumulate $145,800 per year until all bonds have been paid or provision has been made for their payment. The funds shall be retained and used only for payment of Water Revenue bonds at any time when there are insufficient funds available in the Bond and Interest Account. Whenever the balance in the account is equal to the maximum principal and interest requirements on all outstanding bonds for any succeeding fiscal year, the surplus over and above may, in the discretion of the City Council, be transferred to any other account within the Water Fund of the City. Depreciation, Improvement, and Extension Account - The account shall accumulate $5,100 per month or a greater amount as may be designated by the City Council. The monies shall be used first to provide an adequate allowance for depreciation, and may be used to pay for any extraordinary maintenance, repairs, and necessary replacements for improvement or extension of the system. The funds may be used at any time to pay principal of, or interest upon, any outstanding bonds payable whenever there are no other funds available. If the money on deposit is greater than $400,000, the excess can be transferred to any other account within the Water Fund. All proceeds received from the disposition of any property shall be credited to this account. Bond and Interest Account - All amounts required to be set aside for the purpose of paying principal and interest of outstanding Water Revenue bonds shall be set aside monthly as directed. In addition, there shall be credited monthly an amount at least equal to the sum of one-fifth of the interest becoming due on the next interest payment date and one-tenth of the aggregate yearly amount of principal due on the next principal maturity date. -85-165 of 728 CITY OF EVANSTON, ILLINOIS Notes to the Financial Statements For the Fiscal Year ended December 31, 2013 NOTE 10. FUND EQUITY - Continued C. Assigned Fund Balances The following are the assigned fund balances: General Fund Assigned for Arts Council 24,797$ Assigned for private elm trees 134,483 Assigned for Dutch elm inoculation 557,216 Assigned for parkway trees 216,787 Assigned for Butterfield sculpture 30,883 Assigned for scholarship contributions 25,153 Assigned for Noyes Center 337,086 Assigned for recreation group activities 207,123 Assigned for youth initiative 42,151 Assigned for parks and recreation 304,158 Assigned for Mayor's programs 93,179 Assigned for Chiaravelle escrow 204,600 Assigned for IMRF - Pension 2,072,666 Assigned for Compensated Absences 2,061,694 Other assignments 49,514 6,361,490$ Capital Improvement Fund Assigned for capital projects 6,299,999$ Non-major Governmental Funds Assigned for special assessment capital project 2,072,415$ Total Assigned Fund Balances 14,733,904$ -86-166 of 728 CITY OF EVANSTON, ILLINOIS Notes to the Financial Statements For the Fiscal Year ended December 31, 2013 NOTE 11. INDIVIDUAL FUND ACTIVITIES A. General Obligation Debt Service Fund B. Water Fund C. Special Service District No. 4 The City usually adopts several resolutions abating portions of the property tax debt service levies. The amount of property taxes abated is derived from principal and interest payments by private assessments on street paving projects; additional water/sewer service fees related to the citywide water/sewer improvement project; tax increment revenues in the Washington National and Howard Hartrey Tax Increment Districts; revenues from the Motor Vehicle Parking System Fund associated with the Maple Garage, Sherman Garage and Church Street Self-Park garage; and General Obligation Debt Service Fund interest income. On January 28, 1997, the City executed a long-term water supply contract with the Village of Skokie, Illinois, to replace an expiring contract. The contract took effect on March 1, 1997 and continues in effect for a period of twenty years until February 28, 2017. The contract is renewable at ten-year intervals thereafter. Under the terms of the contract, Evanston is to supply Skokie sufficient potable Lake Michigan water to satisfy the maximum 24-hour demand for Lake Michigan water of the Village of Skokie system. The City also provides potable Lake Michigan water to the Northwest Water Commission (NWWC) under a long-term water supply contract. Sale of potable water under this contract began on February 28, 1985 and continues until February 28, 2030. Under the terms of the current contract, Evanston is to supply the NWWC sufficient potable Lake Michigan water to satisfy the Commission’s maximum 24-hour demands for Lake Michigan water for resale to the Commission’s customers. On August 13, 2007, the City Council adopted Ordinance No. 37-R-07 which extended the life of Special Service District No. 4 until December 31, 2019. Special Service District No. 4 comprises the central business district of the City. The special district was established for the purpose of providing funds for special maintenance and repair and for promotion and advertisement. The annual property tax levy for 2013 was $377,548 which includes a loss & cost amount of $7,548. The ordinance also authorized the City to enter into an agreement with DOWNTOWN EVANSTON, an Illinois not- for-profit corporation to plan, implement, and manage the district. -87-167 of 728 CITY OF EVANSTON, ILLINOIS Notes to the Financial Statements For the Fiscal Year ended December 31, 2013 NOTE 12. RISK MANAGEMENT - CLAIMS AND JUDGMENTS The changes in the balances of claims liabilities during the past two fiscal periods are as follows: Workers’ General Compensation Liability Total December 31, 2011 3,221,381$ 4,234,165$ 7,455,546 New claims and/or estimate revisions 712,299 1,091,656 1,803,955 Claims payments (976,413) (1,022,321) (1,998,734) December 31, 2012 2,957,267 4,303,500 7,260,767 New claims and/or estimate revisions 76,563 (1,286,360) (1,209,797) Claims payments (929,045) (330,465) (1,259,510) December 31, 2013 2,104,785$ 2,686,675$ 4,791,460$ Workers' compensation and general liability risks are accounted for in the Insurance Fund. The fund was established on March 1, 1994 to administer general liability claims and workers' compensation programs on a cost-reimbursement basis. The fund accounts for the aforementioned liabilities of the City, but does not constitute a transfer of risk from the City. The City records estimated liabilities for workers' compensation and for general claims. Claims liabilities are based on estimates of the ultimate cost of reported claims including future claim adjustment expenses. The City is exposed to various risks of loss related to torts; theft of, damage to, and destruction of assets; errors and omissions; natural disasters; and injuries to the City's employees. The City maintains commercial all-risk property insurance to cover damage to City facilities and contents and other losses including business interruption and loss of rents. The coverage is subject to a deductible of $50,000 (except $100,000 for flood and earthquake) for each loss and each location. The City also maintains crime and fidelity insurance coverage with a $25,000 deductible to a limit of $2,000,000. In addition, coverage is maintained for ambulance/paramedic liability. For workers' compensation, specific excess coverage in excess of $600,000 per occurrence is purchased from a commercial insurance company. For general liability claims, the City retains risk of loss of $1,250,000 to a limit of $20,000,000. -88-168 of 728 CITY OF EVANSTON, ILLINOIS Notes to the Financial Statements For the Fiscal Year ended December 31, 2013 NOTE 13. CONTINGENCIES NOTE 14. JOINT VENTURES A. Solid Waste Agency of Northern Cook County There are various claims and legal actions pending against the City for which provision has been made in the financial statements. At the present time, the City believes that the reserves established are sufficient so that the expected liability for these claims and legal actions will not materially exceed the amounts recorded in the financial statements. Amounts received or receivable from grantor agencies are subject to audit and adjustment by grantor agencies, principally the federal government. Any disallowed claims, including amounts already collected, may constitute a liability of the applicable funds. The amount, if any, of the expenditures which may be disallowed by the grantor cannot be determined at this time although the City expects such amounts, if any, to be immaterial. On March 28, 1988, the Evanston City Council authorized agreements providing for the City's participation in the Solid Waste Agency of Northern Cook County (Agency) and in the interim financing of that Agency. The Agency was planned and developed by the Northwest Municipal Conference, of which the City is a member. The agency is empowered to plan, finance, construct, and operate a solid waste disposal system. The authority to designate management, influence operations, and formulate budgets rests with the Board of Directors and Executive Committee. No one member has the ability to significantly influence operations; therefore, the Agency is not a component unit of any other governmental reporting entity. The Agency is a municipal joint action agency created as of May 2, 1988 under the provisions of the Intergovernmental Cooperation Act, 5 ILCS 220/3.2. The Agency consists of twenty-three municipalities. The Agency is governed by a Board of Directors consisting of one official selected by each member community who serves a two-year term. Each director has one vote. The Board of Directors determines the general policies of the Agency. The Executive Committee of the Agency consists of seven persons elected by the Board of Directors. Each person is entitled to one vote. The Executive Committee may take action not specifically reserved to the Board of Directors by the Act, the Agency agreement, or the bylaws. -89-169 of 728 CITY OF EVANSTON, ILLINOIS Notes to the Financial Statements For the Fiscal Year ended December 31, 2013 NOTE 14. JOINT VENTURES – Continued A. Solid Waste Agency of Northern Cook County - Continued Summary of Financial Position as of April 30, 2013: Current assets 5,552,099$ Property, plant, and equipment 10,277,599 Debt issuance costs, net and other assets 19,961 Total assets 15,849,659$ Current liabilities 4,128,470$ Long-term debt, net of unamortized discount 2,420,792 Net Investment in capital assets 6,656,807 Restricted net position 2,509,835 Unrestricted net position 133,755 Total liabilities and fund equity 15,849,659$ Summary of Revenues and Expenses for the Year Ended April 30, 2013: Total revenues 14,091,582$ Total expenses (13,791,219) Net income 300,363$ Complete financial statements for the agency can be obtained at 2700 Patriot Blvd., Glenview, IL 60026. Under the 1992 project use agreement executed by the City with the Agency, the City’s share of project costs, including debt service and disposal, is based on its share of deliveries to the Wheeling Transfer station for each year. The City does not control the Agency's fiscal management or operations nor is the City legally responsible for any more than its share of the Agency's debt or operating deficits, if any. -90-170 of 728 CITY OF EVANSTON, ILLINOIS Notes to the Financial Statements For the Fiscal Year ended December 31, 2013 NOTE 14. JOINT VENTURES – Continued B. Evanston Housing Corporation Statement of Financial Position as of December 31, 2012: Cash and cash equivalents 930,603$ Mortgage loans receivable 2,245,479 Total assets 3,176,082 Payables and accrued expenses 112,082 Notes payable 3,064,000 Total liabilities 3,176,082 Net Position -$ (Note: December 31, 2012 is the most current information available.) The Corporation is governed by a Board of Directors of ten people, four of whom are selected by the City. The Board has the authority to approve the annual budget and to arrange for the management of the affairs of the Corporation. The City has no governing authority to influence actions of the Corporation. The City is not liable for payment of any debts of the Corporation. The financial institutions' funds are advanced under Non-Recourse Collateral Trust Notes. The notes are payable on or before November 30, 2029. Interest accrues based on interest earned from the mortgage notes receivable and investments, less expenses. Interest is paid semiannually to the holders on a pro-rata basis based on the amount of each note held to the total outstanding notes. The City agreed to jointly participate with various lending institutions in a not-for-profit housing mortgage corporation by approval of the City Council on May 22, 1989. The purpose of the corporation is to lend mortgage funds to qualified, income eligible, first-time homebuyers in the City of Evanston. The audited financial statements of Evanston Housing Corporation for the year ended December 31, 2012 are summarized as follows: The City of Evanston has advanced $639,000 to the corporation under the notes due on or before November 30, 2034. The notes bear no interest. However, the City is entitled to a certain net sales consideration upon the sale or exchange of the mortgaged property, as well as a prorated portion of the investment income earned on the funds not loaned to mortgagees. -91-171 of 728 CITY OF EVANSTON, ILLINOIS Notes to the Financial Statements For the Fiscal Year ended December 31, 2013 NOTE 14. JOINT VENTURES – Continued B. Evanston Housing Corporation - Continued Statement of Activities for the Year Ended December 31, 2012: Total revenues 109,742$ Total operating expenses (109,742) Excess of revenues over expenses -$ (Note: December 31, 2012 is the most current information available.) NOTE 15. DEFERRED COMPENSATION PLAN Plan balance at December 31, 2013 45,286,080$ The City and its agent have no liability for losses under the plan, but do have the duty of care that would be required of an ordinary prudent investor. The City provides the Corporation with office space and staff support on a cost reimbursement basis. Complete financial statements for the Corporation can be obtained in the City's Community Development Department from the Assistant Director, Housing Rehabilitation and Property Standards. The assets of the plan are held in Trust (ICMA Retirement Corporation Deferred Compensation Plan and Trust), with the City serving as trustee, for the exclusive benefit of the plan participants and their beneficiaries. The assets cannot be diverted to any other purpose. The City's beneficial ownership of plan assets held in the ICMA Retirement Trust is held for the further exclusive benefit of the plan participants and their beneficiaries. The City of Evanston offers its elected officials and employees a deferred compensation plan created in accordance with Internal Revenue Code Section 457. The plan is administered by the ICMA Retirement Corporation. The plan, available to all City employees, permits them to defer a portion of their current salary to all future years. The deferred compensation is not available to the participants until termination, retirement, death, or an unforeseeable emergency occurs. -92-172 of 728 CITY OF EVANSTON, ILLINOIS Notes to the Financial Statements For the Fiscal Year ended December 31, 2013 NOTE 16. DEFINED BENEFIT PENSION PLANS Illinois Municipal Retirement Fund A. Plan Description The City maintains two separate single-employer retirement plans established by state statute for the City’s police officers and firefighters. The City also participates in the Illinois Municipal Retirement Fund (IMRF), a statewide multiple-employer public employee retirement system which acts as investment and administrative agent. The IMRF plan covers substantially all of the City’s employees other than police officers and firefighters. The City and Township’s defined benefit pension plan, IMRF, provides retirement, disability, annual cost of living adjustments, and death benefits to plan members and beneficiaries. IMRF is an agent multiple employer pension plan that acts as a common investment and administrative agent for local governments and school districts in Illinois. The Illinois Pension Code establishes the benefit provisions of the plan that can only be amended by the Illinois General Assembly. IMRF issues a publicly available financial report that includes financial statements and required supplementary information. That report may be obtained by writing to the Illinois Municipal Retirement Fund, 2211 York Road, Suite 500, Oak Brook, Illinois 60523, or by accessing their website at www.imrf.org/pubs/pubs_homepage.htm. Employees participating in IMRF are required to contribute 4.50% of their annual covered salary. The member rate is established by state statute. The City and Township are required to contribute at an actuarially determined rate. The City’s rate as of December 2013 was 11.33% of payroll. The employer contribution requirements are established and may be amended by the IMRF Board of Trustees. The Employer Pension Contribution Fund is a special revenue fund and uses the modified accrual basis of accounting. The tax revenues are recognized when measurable and available. The expenditures are recorded when the liability is incurred. The City created a special revenue fund, the Employer Pension Contribution Fund, to accommodate the Police and Fire pension accounting requirements. This fund recognizes the appropriate tax revenues for the City on behalf of the Pension Trust Funds and contributes those amounts into the Pension Trust Funds as the employer contribution. In 2010, the Illinois Legislature passed Senate Bill 1946. The Bill modifies benefits for most Illinois public pension systems, including IMRF's regular plans. The provisions of the bill became effective January 1, 2011. The bill created a second tier for the employees starting on or after January 1, 2011. As a part of this bill, the vesting time for the second tier employees has been increased from eight to ten years. The bill also increased the age to receive full retirement benefits to 67 and reduced retirement benefit to age 62 from the current age of 60 and 55 respectively for each type of benefit. The final rate of earnings used to calculate a pension is also capped at $106,800 as a part of pension reforms. -93-173 of 728 CITY OF EVANSTON, ILLINOIS Notes to the Financial Statements For the Fiscal Year ended December 31, 2013 NOTE 16. DEFINED BENEFIT PENSION PLANS - Continued Illinois Municipal Retirement Fund - Continued B. Funding Status and Progress C. Annual Pension Cost Actuarial Percentage Valuation Annual Pension of APC Net Pension Date Cost (APC) Contributed Obligation 12/31/13 4,085,164$ 93%4,003,630$ 12/31/12 3,863,934 88%3,710,342 12/31/11 4,811,504 63%3,247,991 As of December 31, 2013, the most recent actuarial valuation date, the City's Regular plan was 85.47% funded. The City's actuarial accrued liability for benefits was $92,222,299 and the actuarial value of assets was $78,823,691 resulting in an underfunded actuarial accrued liability (UAAL) of $13,398,608. The covered payroll for the fiscal year ended December 31, 2013 (annual payroll of active employees covered by the plan) was $33,484,947 and the ratio of the UAAL to the covered payroll was 40%. As of December 31, 2013, the most recent valuation date, the Township's Regular plan was 106.73% funded. The Township's actuarial accrued liability for benefits was $470,077 and the actuarial value of assets was $501,694 resulting in an overfunded actuarial accrued liability (UAAL) of $31,617. The covered payroll for calendar year 2013 (annual payroll of active employees covered by the plan) was $325,630. Because the plan is overfunded, there is no ratio of the UAAL to the covered payroll. The schedule of funding progress for the postemployment defined benefit plan immediately following the notes to the financial statements presents multi-year trend information about whether the actuarial value of plan assets is increasing or decreasing relative to the actuarial accrued liability for benefits over time. Three-Year Trend Information for IMRF - City For December 31, 2013, the employer's actual contributions for pension cost were $3,791,876. Actual required contributions for calendar year 2013 was $4,085,164. The required contribution was determined as part of the December 31, 2011 actuarial valuation using the entry age actuarial cost method. The actuarial assumptions included (a) 7.5% investment rate of return (net of administrative expenses), (b) projected salary increases of 4% a year, attributable to inflation, (c) additional projected salary increases ranging from 0.4% to 10% per year, depending on age and service, attributable to seniority/merit, and (d) post-retirement benefit increases of 3% annually. The actuarial value of IMRF assets was determined using techniques that smooth the effects of short-term volatility in the market value of investments over a five-year period with a 20% corridor. The City’s gross total payroll for the fiscal year ended December 31, 2013 was $64,641,681. Of this amount, $33,484,947 in payroll earnings were reported to and covered by the IMRF system. The Township’s total payroll for the year ended December 31, 2012 was $348,889 which were reported to and covered by the IMRF plan. -94-174 of 728 CITY OF EVANSTON, ILLINOIS Notes to the Financial Statements For the Fiscal Year ended December 31, 2013 NOTE 16. DEFINED BENEFIT PENSION PLANS – Continued Illinois Municipal Retirement Fund - Continued C. Annual Pension Cost - Continued IMRF Annual required contribution 4,085,164$ Interest on net pension obligation - Adjustment to annual required contribution - Annual pension cost 4,085,164 Contributions made (3,791,876) Increase (decrease) in net pension obligation 293,288 Net pension obligation at January 1, 2013 3,710,342 Net pension obligation at December 31, 2013 4,003,630$ Note: Interest on Net Pension Obligation (NPO) and adjustment to Annual Required Contribution (ARC) are considered immaterial and hence, not computed. The City’s annual pension cost and net pension obligation for IMRF pension plan as of December 31, 2013 are as follows: -95-175 of 728 CITY OF EVANSTON, ILLINOIS Notes to the Financial Statements For the Fiscal Year ended December 31, 2013 NOTE 16. DEFINED BENEFIT PENSION PLANS – Continued Illinois Municipal Retirement Fund - Continued C. Annual Pension Cost - Continued Actuarial Percentage Valuation Annual Pension of APC Net Pension Date Cost (APC) Contributed Obligation 12/31/13 28,037$ 100%-$ 12/31/12 29,342 100%- 12/31/11 25,655 100%- Police and Firefighters' Pension Plans D. Plan Descriptions The schedule of funding progress for the postemployment defined benefit plan immediately following the notes to the financial statements presents multi-year trend information about whether the actuarial value of plan assets is increasing or decreasing relative to the actuarial accrued liability for benefits over time. Three-Year Trend Information for IMRF - Township The Police Pension Plan and Firefighters' Pension Plan are contributory, defined benefit public employee retirement plans administered by the City and a Board of Trustees for each Fund. All sworn City police officers and firefighters are participants in the plans. The plans do not issue stand-alone financial reports and they are not included in the report of a public employee retirement system or another entity. The City's payroll for police and firefighter employees covered by the plans for the fiscal year ended December 31, 2013 was $12,499,171 and $9,201,692 respectively. For December 31, 2013, the Township’s annual pension cost of $28,037 was equal to the Township’s required and actual contributions. The required contribution was determined as part of the December 31, 2011 actuarial valuation using the entry age actuarial cost method. The actuarial assumptions included (a) 7.5% investment rate of return (net of administrative expenses), (b) projected salary increases of 4% a year, attributable to inflation, (c) additional projected salary increases ranging from 0.4% to 10% per year depending on age and service, attributable to seniority/merit, and (d) post-retirement benefit increases of 3% annually. The actuarial value of IMRF assets was determined using techniques that spread the effects of short-term volatility in the market value of investments over a five-year period with a 20% corridor. -96-176 of 728 CITY OF EVANSTON, ILLINOIS Notes to the Financial Statements For the Fiscal Year ended December 31, 2013 NOTE 16. DEFINED BENEFIT PENSION PLANS – Continued Police and Firefighters' Pension Plans - Continued D. Plan Descriptions - Continued Participation in the plans at December 31, 2013 was: Police Firefighters' Retirees, disabled participants, and beneficiaries of 172 144 deceased retirees currently receiving benefits Active plan members 163 106 Total 335 250 Police Firefighters' Pension Fund Pension Fund Actuarial assumptions: Investment rate of return 6.75% 6.75% Projected salary increases 4.00% 4.00% Attributable to inflation 2.50% 2.50% Cost of Living Increases 3.00% 3.00% Any police officer or firefighter who has creditable service of 20 years or more, has reached age 50, and is no longer in the service, is entitled to a yearly pension equal to 50% of the salary attached to the rank held on the last day of service or for one year prior to the last day, whichever is greater, in the case of a police officer, and at the date of retirement in the case of a firefighter. The police officer pension is increased by 2.5% of such salary for each additional year of service over 20 years to a maximum limit of 75% of such salary. The firefighter pension is increased by 1/12 of 2.5% of such monthly salary for each additional month over 20 years of service through 30 years of service to a maximum of 75% of such monthly salary. -97-177 of 728 CITY OF EVANSTON, ILLINOIS Notes to the Financial Statements For the Fiscal Year ended December 31, 2013 NOTE 16.DEFINED BENEFIT PENSION PLANS - Continued Police and Firefighters' Pension Plans - Continued D. Plan Descriptions – Continued E. Summary of Significant Accounting Policies Basis of Accounting Method Used to Value Investments A police officer or firefighter who retires or is separated from service after accumulating at least eight years for a police officer and ten years for a firefighter, but less than 20 years of creditable service, will receive a monthly pension after attaining the age of 60 based on the salary attached to the rank held on the last day of service or for one year prior to the last day, whichever is greater, in the case of a police officer and at the date of retirement or separation in the case of a firefighter. The amount of the benefit is a tabular percentage of such salary ranging from 15% for 10 years of service to 50% for 20 years of service. These benefit provisions and all other requirements are established by state statute. The Police and Firefighters' Pension Fund financial statements are prepared using the accrual basis of accounting. Plan member contributions are recognized when due. Employer contributions to each plan are recognized when due, pursuant to formal commitment as well as statutory or contractual requirements. Benefits and refunds are recognized when due and payable in accordance with the terms of each plan. Administrative cost for Police and Firefighters are financed by investment income. Investments are reported at fair value. Short-term investments are reported at cost, which approximates fair value. Securities traded on a national or international exchange are valued at the last reported sales price at current exchange rates. Investments that do not have an established market are reported at estimated fair value. In 2010, the Illinois Legislature passed Senate Bill 1946. This bill modifies benefits for most Illinois public pension systems, including Police and Fire Pension plans. The provisions of the bill became effective January 1, 2011. The bill created a second tier for the employees starting on or after January 1, 2011. As a part of the bill, the vesting time for the second tier police employees has been increased from eight to ten years. The bill also increased the retirement age from 50 to 55. Accordingly, a police officer or firefighter from the second tier who retires or is separated from service after accumulating at least ten years for a police officer or a firefighter, but less than 20 years of creditable service, will receive a monthly pension after attaining the age of 60 based on the salary attached to the rank held on the last day of service or for one year prior to the last day, whichever is greater, in the case of a police officer and at the date of retirement or separation in the case of a firefighter. The amount of the benefit is a tabular percentage of such salary ranging from 15% for 10 years of service to 50% for 20 years of service. These benefit provisions and all other requirements are established by state statute. -98-178 of 728 CITY OF EVANSTON, ILLINOIS Notes to the Financial Statements For the Fiscal Year ended December 31, 2013 NOTE 16. DEFINED BENEFIT PENSION PLANS - Continued Police and Firefighters' Pension Plans – Continued F. Contributions and Reserves Police Firefighters' Annual required contribution 8,091,526$ 6,028,078$ Interest on net pension obligation 836,311 535,000 Adjustment to annual required contribution (862,536) (551,777) Annual pension cost 8,065,301 6,011,301 Contributions made (8,463,224) (6,378,763) Increase (decrease) in net pension obligation (397,923) (367,462) Net pension obligation at January 1, 2013 12,389,793 7,925,926 Net pension obligation at December 31, 2013 11,991,870$ 7,558,464$ Employee contribution rates are established by statute at 9.91% of a police officer’s salary and 9.46% of a firefighter’s salary. Accumulated employee contributions for tier one employees are refunded if an employee leaves covered employment or dies before 8 years of credited service in the case of police officers and 10 years in the case of firefighters. But, in case of tier two employees who have started participating in the pension plans on or after January 1, 2011, contributions will be refunded if an employees leaves covered employment or dies before 10 years of credited service. The City’s annual pension cost and net pension obligation to the Police and Firefighters' pension funds were obtained from the funds' most recent actuarial valuations as of December 31, 2013 are as follows: The difference between the total amount funded and the amount to be funded, as actuarially determined, is recorded as the net pension obligation in the general long-term debt schedule. The total pension liability calculated as the net pension liability dates forward from fiscal year 1987-88. For employer contributions, the City’s budget policy is to fund pension plans at the funding level recommended annually by the actuary. The General Fund is used to liquidate the net pension obligation. -99-179 of 728 CITY OF EVANSTON, ILLINOIS Notes to the Financial Statements For the Fiscal Year ended December 31, 2013 NOTE 16. DEFINED BENEFIT PENSION PLANS - Continued Police and Firefighters' Pension Plans – Continued G. Concentration of Investments H. Five-Year Trend Information – Pension Trust Funds Fiscal Annual Pension Percentage of Net Pension Period Ended Cost (APC)APC Contributed Obligation Police 12/31/13 8,065,301$ 104.93% 11,991,870$ 12/31/12 7,610,323 113.71% 12,389,793 12/31/11 (10 months) 6,283,638 85.40% 13,433,187 2/28/11 8,933,767 91.65% 12,515,848 2/28/10 7,914,901 104.71%10,836,432 Firefighters'12/31/13 6,011,301$ 106.11% 7,558,464$ 12/31/12 5,751,374 111.80%7,925,926 12/31/11 (10 months) 4,506,075 96.92%8,604,479 2/28/11 7,216,303 92.18%8,465,557 2/28/10 6,441,073 102.37%7,186,892 2/28/09 5,928,290 115.77%6,814,595 The Firefighters' Pension Trust Fund had no significant investments (other than U.S. Treasuries and Corporate Bonds) in any one organization that represented 5% or more of net position available for benefits. The Police Pension Trust Fund had no significant investments (other than U.S. Treasuries and Corporate Bonds) in any one organization that represented 5% or more of net position available for benefits. The only exception to the aforementioned are investments in FNMA (8%). -100-180 of 728 CITY OF EVANSTON, ILLINOIS Notes to the Financial Statements For the Fiscal Year ended December 31, 2013 NOTE 16. DEFINED BENEFIT PENSION PLANS - Continued Police and Firefighters' Pension Plans – Continued I. Pensions - Detailed Statement of Net Position Firefighters' Police Total Pension Pension Pension Assets Cash and short-term investments 2,116,371$ 3,123,126$ 5,239,497$ Receivables Accrued interest 114,180 410,188 524,368 Due from city funds 871,814 1,171,509 2,043,323 Total Receivables 985,994 1,581,697 2,567,691 Investments, at fair value U.S. Government and agency obligations 8,806,881 25,168,929 33,975,810 Corporate Bonds 8,708,175 14,440,384 23,148,559 Common Stock 12,705,516 16,385,160 29,090,676 Mutual funds 31,706,990 30,063,847 61,770,837 Total Investments 61,927,562 86,058,320 147,985,882 Total Assets 65,029,927 90,763,143 155,793,070 Liabilities Vouchers payable 4,986 - 4,986 Net position held in trust for pension benefits 65,024,941$ 90,763,143$ 155,788,084$ -101-181 of 728 CITY OF EVANSTON, ILLINOIS Notes to the Financial Statements For the Fiscal Year ended December 31, 2013 NOTE 16. DEFINED BENEFIT PENSION PLANS - Continued Police and Firefighters' Pension Plans – Continued K. Pensions - Actuarial Valuations Firefighters' Police Pension Pension Fund Fund Valuation date January 1, 2013 January 1, 2013 Actuarial cost method Entry-Age Normal Entry-Age Normal Amortization method Level percent Closed Level percent Closed Remaining amortization period 20 Years , 6 months 20 Years , 6 months Actuarial valuation method 5-year smoothed mkt. 5-year smoothed mkt. L. Funding Status and Progress The information presented in the Notes to the Financial Statements was determined as part of the actuarial valuations at the dates specified. Additional information as of the latest actuarial valuation follows: As of December 31, 2013, the City's Police Pension plan was 46.45% funded. The City's actuarial accrued liability for benefits was $169,353,377 and the actuarial value of assets was $78,658,837 resulting in an underfunded actuarial accrued liability (UAAL) of $90,694,540. The covered payroll for the fiscal year ending December 31, 2013 (annual payroll of active employees covered by the Police Pension Plan) was $12,499,170 and the ratio of the UAAL to the covered payroll was 725.60%. As of December 31, 2013, the City's Fire Pension plan was 45.77% funded. The City's actuarial accrued liability for benefits was $127,764,750 and the actuarial value of assets was $58,476,156 resulting in an underfunded actuarial accrued liability (UAAL) of $69,288,594. The covered payroll for the fiscal year ending December 31, 2013 (annual payroll of active employees covered by the Fire Pension Plan) was $9,201,691 and the ratio of the UAAL to the covered payroll was 753.00%. -102-182 of 728 CITY OF EVANSTON, ILLINOIS Notes to the Financial Statements For the Fiscal Year ended December 31, 2013 NOTE 16. DEFINED BENEFIT PENSION PLANS - Continued Police and Firefighters' Pension Plans – Continued J. Pensions - Detailed Statement of Changes in Net Position Firefighters' Police Total Pension Pension Pension Additions Contributions Employer 6,378,763$ 8,463,224$ 14,841,987$ Plan members 975,932 1,759,216 2,735,148 Other-Donations, Legal Sett., Surplus Sales 150 - 150 Total Contributions 7,354,845 10,222,440 17,577,285 Investment income Net appreciation in fair value of investments 5,233,195 6,375,354 11,608,549 Interest 1,564,893 3,277,547 4,842,440 Total investment income 6,798,088 9,652,901 16,450,989 Less investment expense 211,375 215,215 426,590 Net investment income 6,586,713 9,437,686 16,024,399 Total Additions 13,941,558 19,660,126 33,601,684 Deductions Benefits 7,320,685 9,328,379 16,649,064 Refunds of contributions - 109,252 109,252 Administrative expense 59,848 49,313 109,161 Total Deductions 7,380,533 9,486,944 16,867,477 Net increase 6,561,025 10,173,182 16,734,207 Net position held in trust for pension benefits Beginning 58,463,916 80,589,961 139,053,877 Ending 65,024,941$ 90,763,143$ 155,788,084$ -103-183 of 728 CITY OF EVANSTON, ILLINOIS Notes to the Financial Statements For the Fiscal Year ended December 31, 2013 NOTE 17. EVANSTON LIBRARY COMPONENT UNIT A. Types of Accounts and Securities Illinois statutes authorize the Library to invest in obligations of the U.S. Treasury, in Government Sponsored Enterprises (GSE) such as Federal Home Loan Mortgage Corporation (FHLMC), Federal Home Loan Bank (FHLB), and Fannie Mae (FNMA); Bankers Acceptances as well as commercial paper rated only in the highest tier; Repurchase agreements of the highest grade; Collateralized Certificates of Deposit issued by FDIC insured financial institutions, money market mutual funds with portfolios limited to securities guaranteed by the United States, the Illinois Metropolitan Investment Fund (IMET), and the Illinois Funds. Library investment consists of Equities, ETFs, Money Market Funds, Mutual Funds, Corporate Bonds, and US Treasuries. Investments are reported at fair value, except that non-negotiable certificate of deposits are stated at cost. The Library has a formal investment policy adopted by its governing board to handle endowment funds. The funds will be invested and administered by a three member committee. It is the general policy of the Library to invest its funds in a manner which will provide the highest investment return with the maximum security while meeting the daily cash flow demands of the LIbrary and conforming to all state and local statutes governing the investment of public funds using "prudent person" standard for managing the overall portfolio. It may be noted though that the Library has investments in equities which is not permissible under the state statutes. Interest Rate Risk is the risk that changes in interest rates will adversly affect the fair value of an investment . The exposure to interest rate risk can be limited by structuring the portfolio to provide liquidity for cash requirments for ongoing operations in shorter term securities. Credit Risk is the risk that the issuer of the debt security will not pay its par value upon maturity. The Library investment policy has several guidelines to minimize the potential losses on individual investment by diversifying the investment portfolio, not permitting the investment in certain hight risk securities .State law limits investments in commercial paper, corporate bonds, and mutual bonds funds to the top two ratings issued by nationally recognized statistical rating organizations. Illinois Funds and IMET are an investment pools managed by the State of Illinois, Office of the Treasurer, and a Board of Trustees, respectively which allows governments within the State to pool their funds for investment purposes. They are not registered with the SEC as an investment company, but do operate in a manner consistent with Rule 2a7 of the Investment Company Act of 1940. The investments in the securities of the U.S. government agencies were all rated triple A or Aaa by the Standard & Poor’s and by Moody’s Investor’s Services. The investments in Illinois Funds and IMET are valued at the fund’s share price, the price for which the investments could be sold. Custodial Credit Risk.For an investment, custodial credit risk is the risk that, in the event of the failure of the counterparty, the City will not be able to recover the value of its investment or collateral securities that are in the possession of an outside party. Illinois Funds are not subject to custodial credit risk. Concentration of Credit Risk is the risk that the Library has a high percentage of its investments invested in one type of investments. Currently, Library has diversified its investments in various type sof investments. The Library investment policy provides the high/low limits for various type of investments like Equity, Fixed Income Securities and Cash. Custodial Credit Risk.For a deposit, custodial credit risk is the risk that, in the event of the failure of the counterparty, the Library will not be able to recover the value of its deposit or collateral securities that are in the possession of an outside party. -104-184 of 728 CITY OF EVANSTON, ILLINOIS Notes to the Financial Statements For the Fiscal Year ended December 31, 2013 NOTE 17. EVANSTON LIBRARY COMPONENT UNIT - Continued B. Reconciliation of Cash and Investments Cash and Equivalents 1,270,500$ Investments 3,117,123 Total per Statement of Position $ 4,387,623 Cash in Bank 619,342$ Vanguard Money Market 651,158 Vanguard Equity Mutual Funds 3,117,123 Total Cash and Investments $ 4,387,623 C Summary of Receivables Receivables: Property taxes 5,780,275$ Accrued interest 7,524 Other 28,438 Net receivables $ 5,816,237 D Capital Assets Activity Beginning Additions Deletions Ending Capital assets, not being depreciated: Land 311,380$ - - 311,380 Capital assets, being depreciated/amortized: Buildings and improvements 18,551,582 - - 18,551,582 Office equipment and furniture 2,285,009 - - 2,285,009 Infrastructure 230,006 - - 230,006 Library collections 8,011,680 776,186 - 8,787,866 Capitalized leases 266,191 - - 266,191 Total capital assets being depreciated/amortized 29,344,468 776,186 - 30,120,654 Less accumulated depreciation/amortization for: Buildings and improvements 6,626,682 372,050 - 6,998,732 Office equipment and furniture 2,285,009 - - 2,285,009 Infrastructure 51,113 15,334 - 66,447 Library collections 6,095,994 644,759 - 6,740,753 Capitalized leases 266,191 - - 266,191 Total accumulated depreciation/amortization 15,324,989 1,032,143 - 16,357,132 Total capital assets being depreciated/amortized, net 14,019,479 (255,957) - 13,763,522 Library activities capital assets, net 14,330,859$ (255,957) - 14,074,902 -105-185 of 728 CITY OF EVANSTON, ILLINOIS Notes to the Financial Statements For the Fiscal Year ended December 31, 2013 NOTE 17. EVANSTON LIBRARY COMPONENT UNIT - Continued ELong-Term Debt Final Interest Maturity Balance Balance Due Within Rate Date 12/31/2012 Issued Payments 12/31/2013 One Year General Obligations Debt Series 2004 2.00%-5.00% 12/1/2023 313,206$ - 313,206 - - Series 2005 3.25%-5.00% 12/1/2025 564,464 - 564,464 - - Series 2007 4.00%-5.00% 12/1/2016 1,356,901 - - 1,356,901 200,291 Series 2008D 3.25%-5.00% 12/1/2016 532,560 - - 532,560 344,400 Series 2013B 2.00%-3.00% 12/1/2025 - 877,667 - 877,667 97,120 2,767,131 877,667 877,670 2,767,128 641,811 OPEB liability 26,028 14,626 - 40,654 - Compensated absences payable- City 404,875 48,218 - 453,093 172,175 IMRF Pension contributions 279,569 313,741 291,216 302,094 - Total Long-Term Debt 3,477,603$ 1,254,252 1,168,886 3,562,969 813,986 Year Ending December 31 Principal Interest 2014 641,810$ 106,709$ 2015 481,936 80,804 2016 323,241 62,455 2017 274,011 51,943 2018 166,831 42,907 2019-2023 491,207 145,169 2024-2028 388,092 44,329 Total 2,767,128$ 534,316$ NOTE 18. RESTATEMENT OF NET POSITION Balance Balance 12/31/2012 Library 12/31/2012 (before restatement Reclassification (as restated) Current and Other Assets 117,978,076$ 8,439,177 109,538,899 Capital Assets 175,482,215 14,330,859 161,151,356 Total Assets 293,460,291 22,770,036 270,690,255 Long-Term Liabilities 166,117,738 3,477,603 162,640,135 Other Liabilities 13,418,063 144,997 13,273,066 Total Liabilities 179,535,801 3,622,600 175,913,201 Deferred Inflows of Resources 45,794,223 3,715,074 42,079,149 Net Investment in Capital Assets 60,104,623 12,441,398 47,663,225 Restricted 32,635,909 2,990,964 29,644,945 Unrestricted (Deficit)(24,610,265) - (24,610,265) Total Net Position 68,130,267$ 15,432,362 52,697,905 Balance Balance 12/31/2012 Library 12/31/2012 (before restatement Reclassification (as restated) Nonmajor Governmental Funds 34,694,413$ 4,579,106 30,115,307 The following schedule illustrates the annual debt service requirements to maturity for Library General Obligation Bonds. The City's net position for Govermental Activities for the period ending December 31, 2012 has been restated to present Library as a discreet component unit. -106-186 of 728 REQUIRED SUPPLEMENTARY INFORMATION -107-187 of 728 CITY OF EVANSTON, ILLINOIS Firefighters' Pension Fund, Police Pension Fund, Illinois Municipal Retirement Fund and Post Employment Benefits Schedules of Funding Progress Required Supplementary Information UAAL as a Percentage Actuarial of Covered Actuarial Value of Funded Covered Payroll Valuation Assets Ratio Payroll Under/(Over) Date (a) (a/b) ( c ) ((b-a)/c) Firefighters' Pension 1/1/2013 58,476,156$ 127,764,750$ 69,288,594$ 45.77% 9,201,691$ 753.00% 1/1/2012 55,082,975 121,693,417 66,610,442 45.26% 8,543,980 779.62% 3/1/2011 54,214,525 119,011,406 64,796,881 45.55% 7,736,550 837.54% 3/1/2010 52,021,778 129,493,139 77,471,361 40.17% 9,133,000 848.26% 3/1/2009 49,410,755 119,852,896 70,442,141 41.23% 9,242,000 762.20% 3/1/2008 47,006,917 111,696,236 64,689,319 42.08% 8,999,000 718.85% 3/1/2007 43,742,297 106,361,853 62,619,556 41.13% 8,402,000 745.29% 3/1/2006 40,653,428 84,413,071 43,759,643 48.16% 8,150,000 536.93% Police Pension 1/1/2013 78,658,837$ 169,353,377$ 90,694,540$ 46.45% 12,499,170$ 725.60% 1/1/2012 72,266,706 158,457,577 86,190,871 45.61% 14,018,048 614.86% 3/1/2011 71,478,229 156,201,256 84,723,027 45.76% 11,502,613 736.55% 3/1/2010 68,998,555 166,228,478 97,229,923 41.51% 13,117,000 741.25% 3/1/2009 66,514,296 154,971,310 88,457,014 42.92% 12,632,549 700.23% 3/1/2008 64,355,651 145,458,945 81,103,294 44.24% 12,142,000 667.96% 3/1/2007 61,795,438 139,371,086 77,575,648 44.34% 11,522,000 673.28% 3/1/2006 58,400,853 112,448,880 54,048,027 51.94% 11,195,000 482.79% Illinois Municipal Retirement Fund (City) 12/31/2013 78,823,691$ 92,222,299$ 13,398,608$ 85.47% 33,484,947$ 40.01% 12/31/2012 69,218,573 89,116,813 19,898,240 77.67% 33,025,074 60.25% 12/31/2011 65,199,440 86,311,655 21,112,215 75.54% 32,270,312 65.42% 12/31/2010 61,673,349 80,396,511 18,723,162 76.71% 32,163,415 58.21% 12/31/2009 50,465,714 79,011,161 28,545,447 63.87% 33,485,370 85.25% 12/31/2008 44,075,583 72,888,719 28,813,136 60.47% 34,189,216 84.28% 12/31/2007 88,101,956 84,705,898 (3,396,058) 104.01% 34,496,585 (9.84%) 12/31/2006 87,758,900 82,928,874 (4,830,026) 105.82% 32,625,369 (14.80%) 12/31/2005 82,368,849 79,384,403 (2,984,446) 103.76% 31,403,514 (9.50%) 12/31/2004 77,206,655 74,129,924 (3,076,731) 104.15% 29,568,219 (10.41%) Illinois Municipal Retirement Fund (Township) 12/31/2013 501,694$ 470,077$ (31,617)$ 106.73% 325,630$ (9.71%) 12/31/2012 393,759 495,178 101,419 79.52% 348,889 29.07%) 12/31/2011 291,690 279,973 (11,717) 104.19% 358,316 (3.27%) 12/31/2010 331,048 305,956 (25,092) 108.20% 334,330 (7.51%) 12/31/2009 476,660 380,918 (95,742) 125.13% 330,215 (28.99%) 12/31/2008 405,691 317,964 (87,727) 127.59% 261,152 (33.59%) 12/31/2007 612,352 360,059 (252,293) 170.07% 338,122 (74.62%) 12/31/2006 514,875 321,366 (193,509) 160.21% 344,707 (56.14%) 12/31/2005 413,112 253,244 (159,868) 163.13% 314,044 (50.91%) 12/31/2004 612,303 450,398 (161,905) 135.95% 325,805 (49.69%) Post Employment Benefits other than Pension 12/31/2013 -$ 15,870,326$ 15,870,326$ - 45,455,695$ 34.91% 12/31/2012 - 17,294,689 17,294,689 - 49,784,920 34.74% 12/31/2011 - 16,994,544 16,994,544 - 48,101,372 35.33% 3/1/2010 - 12,259,348 12,259,348 - 51,896,579 23.62% 3/1/2009 - 11,762,298 11,762,298 - 50,141,622 23.46% 3/1/2008 - 7,634,991 7,634,991 - 50,230,393 15.20% 3/1/2007 - 7,254,074 7,254,074 - 48,531,780 14.95% Note: See notes to Required Supplementary Information and Auditors' Report. December 31, 2013 Actuarial Accrued Liability (AAL) Projected Unit Credit (b) Unfunded AAL (UAAL) (b-a) -108-188 of 728 CITY OF EVANSTON, ILLINOIS Firefighters and Police Pension Funds Schedules of Employer Contribution Required Supplementary Information Annual Annual Tax Levy Required City's Percentage Required City's Percentage Year Contribution Contribution Contributed Contribution Contribution Contributed 2012 6,028,078$ 6,378,763$ 105.82% 8,091,526$ 8,463,224$ 104.59% 2012 5,729,977 6,429,927 112.22% 7,576,919 8,653,717 114.21% 2011 4,468,888 4,367,153 97.72% 6,232,638 5,366,299 86.10% 2010 7,148,759 5,937,637 83.06% 8,831,924 7,254,351 82.14% 2009 5,828,112 5,937,637 101.88% 7,081,620 7,254,351 102.44% 2008 5,486,699 5,217,187 95.09% 6,659,960 6,345,667 95.28% 2007 4,174,271 6,139,178 147.07% 4,636,539 7,717,650 166.45% 2006 3,921,530 3,867,153 98.61% 4,301,359 4,217,457 98.05% 2005 3,317,158 3,459,626 104.29% 4,071,765 4,295,601 105.50% 2004 3,041,911 3,398,340 111.72% 4,274,043 4,271,102 99.93% 2003 2,685,046 2,690,742 100.21% 3,505,934 3,522,862 100.48% Note: See notes to Required Supplementary Information and Auditors' Report. Firefighters' Pension Fund Police Pension Fund December 31, 2013 -109-189 of 728 CITY OF EVANSTON, ILLINOIS General Fund Schedule of Revenues, Expenditures, and Changes in Fund Balance - Budget and Actual (Budgetary Basis) Required Supplementary Information For the Fiscal Year ended December 31, 2013 Original & Final Budget Actual Variance Revenues Taxes 37,314,938$ 38,328,602$ 1,013,664$ Licenses and permits 9,413,392 10,617,414 1,204,022 Intergovernmental 16,458,443 18,382,644 1,924,201 Charges for services 7,773,730 7,722,937 (50,793) Fines 4,366,022 3,448,523 (917,499) Investment income 6,000 26,907 20,907 Miscellaneous 2,306,837 1,418,949 (887,888) Total Revenues 77,639,362 79,945,976 2,306,614 Expenditures General management and support 14,860,206 14,147,518 712,688 Public safety 39,293,186 40,650,660 (1,357,474) Public works 9,660,554 8,797,497 863,057 Health and human resource development 3,276,062 3,601,469 (325,407) Recreation and cultural opportunities 14,709,152 14,744,293 (35,141) Housing and economic development 2,721,262 2,536,209 185,053 Total Expenditures 84,520,422 84,477,646 42,776 (Deficiency) of Revenues (under) Expenditures (6,881,060) (4,531,670) 2,349,390 Other Financing Sources (Uses) Operating transfers in (out) West Evanston TIF 60,000 60,000 - Motor Fuel Tax Fund 833,000 833,000 - Economic Development Fund 452,707 452,707 - Housing Fund 23,990 23,990 - Washington National TIF Debt Service Fund 331,000 331,000 - Howard Hartrey Debt Service 144,400 144,400 - Southwest TIF I Debt Service Fund 29,500 29,500 - NSP 2 145,000 87,624 (57,376) Emergency Telephone System Fund 125,950 125,950 - Parking Fund 644,242 644,242 - Sewer Fund 142,200 142,200 - Howard Ridge TIF 120,400 120,400 - Capital Improvement Fund 475,000 475,000 - Water Fund 3,356,300 3,356,300 - Debt Service Fund (1,000,000) (1,000,000) - Fleet Service (600,000) (600,000) - Solid Waste (1,245,967) (1,245,967) - Insurance Fund (500,000) (500,000) - 3,537,722 3,480,346 (57,376) Net Change in Fund Balance (3,343,338)$ (1,051,324) 2,292,014$ Fund Balance Beginning 27,760,963 Ending 26,709,639$ Note: See notes to Required Supplementary Information and Auditors' Report. -110-190 of 728 CITY OF EVANSTON, ILLINOIS Notes to the Required Supplementary Information NOTE 1. DIGEST OF CHANGES - IMRF The principal changes were: - For regular members, fewer normal and early retirements are expected to occur. NOTE 2. CONVERSION FROM GAAP BASIS TO BUDGETARY BASIS General Fund Revenues GAAP basis revenues as reported in the Combined Statement of Revenues, Expenditures, and Changes in Fund Balances 80,326,764$ Increase (decrease) due to budgeting property taxes as revenue in the year of levy (380,788) Budgetary Basis Revenues 79,945,976$ Expenditures GAAP basis expenditures as reported in the Combined Statement of Revenues, Expenditures, and Changes in Fund Balances 84,477,646$ Increase (decrease) due to changes in Emcumbrances - Budgetary Basis Expenditures 84,477,646$ Note: See Auditors' Report. The actuarial assumptionsused to determinethe actuarial accrued liabilityfor2013 are based on the 2002-2004 Experience Study. - The 1994 Group Annuity Mortality implemented Adjustments necessary to convert City revenues and expenditures for the fiscal year ended December 31, 2013 on the GAAP basis to the budgetary basis are presented below: -111-191 of 728 City Funds Affordable Housing - to account for costs associated with housing-related programs of the City. Community Development Loan - to account for residential rehabilitation loans to residents. Economic Development - to account for cost associated with economic development activities of the City. Financing is provided primarily by Hotel Tax revenues. Emergency Telephone System - to account for revenues and expenditures for 911 emergency telephone service. Financing is provided by network connection surcharges. Nonmajor Governmental Funds Special Revenue Funds Special revenue funds are used to account for specific revenues that are legally restricted to expenditures for particular purposes. Motor Fuel Tax - to account for the operation of street maintenance programs and capital projects as authorized by the Illinois Department of Transportation. Financing is provided from the City's share of gasoline taxes. Neighborhood Improvement - to account for a portion of the sales tax revenues derived from retail sales of the Home Depot U.S.A. Inc. store in Evanston. Sales tax revenues allocated to this fund are to be expended on public projects that will benefit the immediate neighborhood of the store. Community Development Block Grant - to account for revenues and expenditures of the community block grant program. Financing is provided by the federal government on a reimbursement basis in accordance with federal formula. Expenditures are made in accordance with requirements of federal law. Special Service District No. 4 - to account for promotion, advertisement, and street maintenance costs of the area located in the City's central business district. Financing is provided by the City through an annual property tax levy. HOME - to account for the activity of the HOME program. Financing is provided by the federal government. Expenditures are made in accordance with the requirements of federal law. Neighborhood Stabilization Program 2 - funded by the American Recovery and Reinvestment Act of 2009 to stabilize neighborhoods that have been negatively impacted by high numbers of foreclosed and vacant homes. Continued -112-192 of 728 Township Funds Town - to account for general administrative services. Debt Service funds are used to account for the servicing of general long-term debt. General Assistance - to account for the assistance given to persons and/or families to meet their basic living expenses. Debt Service Funds Special Revenue Funds - Continued Washington National Tax Increment District - accumulated monies for the principal and interest payments on debt issued for this special taxing district. Howard Ridge Tax Increment District - accumulated monies for the payments on redevelopment project for this special taxing district. Special Service District No. 5 - accumulated monies for the principal and interest payments on unlimited ad valorem tax bonds issued for this special taxing district. Special Assessment - to account for capital improvements financed by special assessments on property holder and public benefit contributions from the City. Capital Projects Funds Capital projects are used to account for the acquisition and construction of major capital facilities other than those financed by proprietary funds and trust funds. West Evanston Tax Increment District - accumulated monies for the payments on redevelopment project for this special taxing district. Southwest Tax Increment District - accumulated monies for the principal and interest payments on debt issued for this special taxing district. Howard Hartrey Tax Increment District - accumulated monies for the principal and interest payments on debt issued for this special taxing district. Concluded -113-193 of 728 CITY OF EVANSTON, ILLINOIS Nonmajor Governmental Funds Combining Balance Sheet Emergency Motor Economic Telephone Neighborhood Fuel Tax Development System Improvement Cash and equivalents 1,474,964$ 3,038,805$ 997,008$ 149,915$ Investments - - - - Receivables Property taxes (net of allowance) Current year levy - - - - Notes - - - - Allowance - - - - Special assessments - - - - Other - 576,413 195,444 - Prepaid items - - - - Due from other governments 160,000 - - - Due from other funds - - 50,978 - Total Assets 1,634,964$ 3,615,218$ 1,243,430$ 149,915$ Liabilities Vouchers payable -$ 81,143$ 22,551$ -$ Due to other governments - - - - Due to other funds - 26,873 - - Total Liabilities - 108,016 22,551 - Deferred Inflows of Resources Property taxes 322,396 - - - Fund Balances Nonspendable - - - - Restricted Highway maintenance 1,312,568 - - - Emergency telephone system - - 1,220,879 - HUD approved projects - - - - Neighborhood improvements - - - 149,915 Debt service - - - - Township - - - - Committed - Economic Development - 3,507,202 - - Assigned - - - - Unassigned (deficit)- - - - Total Fund Balances (Deficit)1,312,568 3,507,202 1,220,879 149,915 1,634,964$ 3,615,218$ 1,243,430$ 149,915$ Total Liabilities, Deferred Inflows and Fund Balances Assets As of December 31, 2013 Liabilities and Fund Balances -114-194 of 728 Special Revenue Special Community Community Neighborhood Service Total Affordable Development Development Stabilization District City Housing HOME Block Grant Loan Program 2 No. 4 Funds 361,420$ 10,048$ 18,591$ 124,675$ 12,146$ 9,798$ 6,197,370$ 363,439 - - - - - 363,439 - - - - - 370,000 370,000 1,546,783 3,892,773 24,799 2,317,482 - - 7,781,837 - - (12,000) (78,000) - - (90,000) - - - - - - - 166,188 125 - 767 - - 938,937 - - - - - - - - 39,582 161,923 - 166,844 - 528,349 20,000 - 1,752 1,988 - - 74,718 2,457,830$ 3,942,528$ 195,065$ 2,366,912$ 178,990$ 379,798$ 16,164,650$ 5,000$ -$ 148,177$ 12,600$ 157,812$ -$ 427,283$ - - - 41 4,517 - 4,558 1,752 - 34,089 - 16,661 190,000 269,375 6,752 - 182,266 12,641 178,990 190,000 701,216 - - - - - 339,133 661,529 - - - - - - - - - - - - - 1,312,568 - - - - - - 1,220,879 - 3,942,528 12,799 2,354,271 - - 6,309,598 2,451,078 - - - - - 2,600,993 - - - - - - - - - - - - - - - - - - - - 3,507,202 - - - - - - - - - - - - (149,335) (149,335) 2,451,078 3,942,528 12,799 2,354,271 - (149,335) 14,801,905 2,457,830$ 3,942,528$ 195,065$ 2,366,912$ 178,990$ 379,798$ 16,164,650$ Continued -115-195 of 728 CITY OF EVANSTON, ILLINOIS Nonmajor Governmental Funds Combining Balance Sheet - Continued As of December 31, 2013 Total Total General Township Special Town Assistance Funds Revenue Cash and equivalents 186,989$ 439,115$ 626,104$ 6,823,474$ Investments - - - 363,439 Receivables Property taxes (net of allowance) Current year levy 246,331 886,553 1,132,884 1,502,884 Notes - - - 7,781,837 Allowance - - - (90,000) Special assessments - - - - Other - - - 938,937 Prepaid items - 50,543 50,543 50,543 Due from other governments - - - 528,349 Due from other funds - 14,446 14,446 89,164 Total Assets 433,320$ 1,390,657$ 1,823,977$ 17,988,627$ Liabilities Vouchers payable 3,813$ 49,100$ 52,913$ 480,196$ Due to other governments - - - 4,558 Due to other funds 14,446 - 14,446 283,821 Total Liabilities 18,259 49,100 67,359 768,575 Deferred Inflows of Resources Property taxes 200,033 751,063 951,096 1,612,625 Fund Balances Nonspendable - 50,543 50,543 50,543 Restricted Highway maintenance - - - 1,312,568 Emergency telephone system - - - 1,220,879 HUD approved projects - - - 6,309,598 Neighborhood improvements - - - 2,600,993 Debt service - - - - Township 215,028 539,951 754,979 754,979 Committed - Economic Development - - - 3,507,202 Assigned - - - - Unassigned (deficit)- - - (149,335) Total Fund Balances (Deficit)215,028 590,494 805,522 15,607,427 433,320$ 1,390,657$ 1,823,977$ 17,988,627$ Total Liabilities, Deferred Inflows and Fund Balances Assets Special Revenue Liabilities and Fund Balances -116-196 of 728 Howard Washington Howard West Special Southwest Hartrey National Ridge Evanston Service Tax Tax Tax Tax Tax Total District Increment Increment Increment Increment Increment Debt No.5 District District District District District Service 43,578$ 43,074$ 4,041,414$ 5,225,867$ 183,302$ 552,639$ 10,089,874$ - - - - - - - 436,605 480,767 1,106,614 4,435,648 466,980 41,682 6,968,296 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 370,000 290,000 - - 195,000 - 855,000 850,183$ 813,841$ 5,148,028$ 9,661,515$ 845,282$ 594,321$ 17,913,170$ -$ -$ -$ 95,826$ 1,339$ -$ 97,165$ - - - - - - - - - 700,000 500,000 - 15,000 1,215,000 - - 700,000 595,826 1,339 15,000 1,312,165 375,298 469,124 1,090,980 4,028,248 455,326 41,682 6,460,658 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 474,885 344,717 3,357,048 5,037,441 388,617 537,639 10,140,347 - - - - - - - - - - - - - - - - - - - - - - - - - - - - 474,885 344,717 3,357,048 5,037,441 388,617 537,639 10,140,347 850,183$ 813,841$ 5,148,028$ 9,661,515$ 845,282$ 594,321$ 17,913,170$ Debt Service Continued -117-197 of 728 CITY OF EVANSTON, ILLINOIS Nonmajor Governmental Funds Combining Balance Sheet - Continued Special Total Assessment Nonmajor Capital Governmental Projects Funds Cash and equivalents 2,064,570$ 18,977,918$ Investments - 363,439 Receivables Property taxes (net of allowance) Current year levy - 8,471,180 Notes - 7,781,837 Allowance - (90,000) Special assessments 558,150 558,150 Other 235 939,172 Prepaid items - 50,543 Due from other governments - 528,349 Due from other funds 33,764 977,928 Total Assets 2,656,719$ 38,558,516$ Liabilities Vouchers payable 2,186$ 579,547$ Due to other governments - 4,558 Due to other funds 23,968 1,522,789 Total Liabilities 26,154 2,106,894 Deferred Inflows of Resources Property taxes 558,150 8,631,433 Fund Balances Nonspendable - 50,543 Restricted Highway maintenance - 1,312,568 Emergency telephone system - 1,220,879 HUD approved projects - 6,309,598 Neighborhood improvements - 2,600,993 Debt service - 10,140,347 Township - 754,979 Committed - Economic Development - 3,507,202 Assigned 2,072,415 2,072,415 Unassigned (deficit) - (149,335) Total Fund Balances (Deficit) 2,072,415 27,820,189 2,656,719$ 38,558,516$ Total Liabilities, Deferred Inflows and Fund Balances Assets As of December 31, 2013 Liabilities and Fund Balances Concluded -118-198 of 728 CITY OF EVANSTON, ILLINOIS Nonmajor Governmental Funds For the Fiscal Year ended December 31, 2013 Emergency Motor Economic Telephone Neighborhood Fuel Tax Development System Improvement Revenues Taxes -$ 1,829,926$ 1,003,954$ 20,000$ Special assessments - - - - Intergovernmental 2,118,506 999,000 - - Investment income 482 131 215 - Miscellaneous - 792 - - Total Revenues 2,118,988 2,829,849 1,004,169 20,000 Expenditures Current General management and support - - - - Public safety - - 922,147 - Public works 972,788 - - - Housing and economic development - 1,068,844 - - Debt service Principal - - - - Interest - - - - Capital outlay - - - - Total Expenditures 972,788 1,068,844 922,147 - Excess (Deficiency) of Revenues Over (Under) Expenditures 1,146,200 1,761,005 82,022 20,000 Other Financing Sources (Uses) Issuance of debt - - - - Premiums and discounts - - - - Transfers in (out) General (833,000) (452,707) (125,950) - General Obligation Debt Service - - - - Economic Development - - - - Howard Ridge Tax Increment District - 48,500 - - Motor Vehicle Parking System - - - - Total Other Financing Sources (Uses) (833,000) (404,207) (125,950) - Net Change in Fund Balances 313,200 1,356,798 (43,928) 20,000 Fund Balances (Deficit) - Beginning 999,368 2,150,404 1,264,807 129,915 Fund Balances (Deficit) - Ending 1,312,568$ 3,507,202$ 1,220,879$ 149,915$ Combining Statements of Revenues, Expenditures, and Changes in Fund -119-199 of 728 Special Revenue Special Community Community Neighborhood Service Total Affordable Development Development Stabilization District City Housing HOME Block Grant Loan Program 2 No. 4 Funds -$ -$ -$ -$ -$ 337,668$ 3,191,548$ - - - - - - - - 703,935 1,665,720 205,904 2,885,918 - 8,578,983 198 6,693 - 3,554 - - 11,273 301,188 - 14,412 - - - 316,392 301,386 710,628 1,680,132 209,458 2,885,918 337,668 12,098,196 - - - - - - - - - - - - - 922,147 - - - - - - 972,788 62,444 74,475 1,680,132 - 2,798,294 370,000 6,054,189 - - - - - - - - - - - - - - - - - - - - - 62,444 74,475 1,680,132 - 2,798,294 370,000 7,949,124 238,942 636,153 - 209,458 87,624 (32,332) 4,149,072 - - - - - - - - - - - - - - (23,990) - - - (87,624) - (1,523,271) - - - - - - - - - - - - - - - - - - - - 48,500 - - - - - - - (23,990) - - - (87,624) - (1,474,771) 214,952 636,153 - 209,458 - (32,332) 2,674,301 2,236,126 3,306,375 12,799 2,144,813 - (117,003) 12,127,604 2,451,078$ 3,942,528$ 12,799$ 2,354,271$ -$ (149,335)$ 14,801,905$ Continued -120-200 of 728 CITY OF EVANSTON, ILLINOIS Nonmajor Governmental Funds For the Fiscal Year ended December 31, 2013 and Twenty One Months ended Decmber 31, 2013 for City and Township respectively Total Total General Township Special Town Assistance Funds Revenue Revenues Taxes 503,694$ 1,555,480$ 2,059,174$ 5,250,722$ Special assessments - - - - Intergovernmental - - - 8,578,983 Investment income 299 1,149 1,448 12,721 Miscellaneous - 50,595 50,595 366,987 Total Revenues 503,993 1,607,224 2,111,217 14,209,413 Expenditures Current General management and support 648,807 2,535,983 3,184,790 3,184,790 Public safety - - - 922,147 Public works - - - 972,788 Housing and economic development - - - 6,054,189 Debt service Principal - - - - Interest - - - - Capital outlay - - - - Total Expenditures 648,807 2,535,983 3,184,790 11,133,914 Excess (Deficiency) of Revenues Over (Under) Expenditures (144,814) (928,759) (1,073,573) 3,075,499 Other Financing Sources (Uses) Issuance of debt - - - - Premiums and discount - - - - Transfers in (out) General - - - (1,523,271) General Obligation Debt Service - - - - Economic Development - - - - Howard Ridge Tax Increment District - - - 48,500 Motor Vehicle Parking System - - - - Total Other Financing Sources (Uses) - - - (1,474,771) Net Change in Fund Balances (144,814) (928,759) (1,073,573) 1,600,728 Fund Balances (Deficit) - Beginning 359,842 1,519,253 1,879,095 14,006,699 Fund Balances (Deficit) - Ending 215,028$ 590,494$ 805,522$ 15,607,427$ Special Revenue Combining Statements of Revenues, Expenditures, and Changes in Fund Balances - Continued -121-201 of 728 Howard Washington Howard West Special Southwest Hartrey National Ridge Evanston Service Tax Tax Tax Tax Tax Total District Increment Increment Increment Increment Increment Debt No.5 District District District District District Service 460,062$ 492,410$ 1,122,248$ 4,488,658$ 194,881$ 46,252$ 6,804,511$ - - - - - - - - - - - - - - 585 2 14,087 13,072 344 167 28,257 - - - - 33,014 - 33,014 460,647 492,412 1,136,335 4,501,730 228,239 46,419 6,865,782 - - - - - - - - - - - - - - - - - 2,188,934 - - 2,188,934 - 423,134 1,159,915 100,934 726,232 314,353 2,724,568 340,000 - 645,000 425,000 - - 1,410,000 78,816 - 75,611 78,375 - 7,274 240,076 - - - - - - - 418,816 423,134 1,880,526 2,793,243 726,232 321,627 6,563,578 41,831 69,278 (744,191) 1,708,487 (497,993) (275,208) 302,204 - - - - - - - - - - - - - - - (29,500) (144,400) (331,000) (120,400) (60,000) (685,300) - - - - - - - - - - - (48,500) - (48,500) - - - - - - - - - - (3,631,350) - - (3,631,350) - (29,500) (144,400) (3,962,350) (168,900) (60,000) (4,365,150) 41,831 39,778 (888,591) (2,253,863) (666,893) (335,208) (4,062,946) 433,054 304,939 4,245,639 7,291,304 1,055,510 872,847 14,203,293 474,885$ 344,717$ 3,357,048$ 5,037,441$ 388,617$ 537,639$ 10,140,347$ Debt Service Continued -122-202 of 728 CITY OF EVANSTON, ILLINOIS Nonmajor Governmental Funds Special Total Assessment Nonmajor Capital Governmental Projects Funds Revenues Taxes -$ 12,055,233$ Special assessments 274,848 274,848 Intergovernmental - 8,578,983 Investment income 1,982 42,960 Miscellaneous - 400,001 Total Revenues 276,830 21,352,025 Expenditures Current General management and support 4,113 3,188,903 Public safety - 922,147 Public works - 3,161,722 Housing and economic development - 8,778,757 Debt service Principal - 1,410,000 Interest - 240,076 Capital outlay 29,863 29,863 Total Expenditures 33,976 17,731,468 Excess (Deficiency) of Revenues Over (Under) Expenditures 242,854 3,620,557 Other Financing Sources (Uses) Issuance of debt 230,000 230,000 Premiums and discount 11,906 11,906 Transfers in (out) General - (2,208,571) General Obligation Debt Service (317,660) (317,660) Economic Development - (48,500) Howard Ridge Tax Increment District - 48,500 Motor Vehicle Parking System - (3,631,350) Total Other Financing Sources (Uses) (75,754) (5,915,675) Net Change in Fund Balances 167,100 (2,295,118) Fund Balances (Deficit) - Beginning 1,905,315 30,115,307 Fund Balances (Deficit) - Ending 2,072,415$ 27,820,189$ For the Fiscal Year ended December 31, 2013 Combining Statements of Revenues, Expenditures, and Changes in Fund Balances - Continued Concluded -123-203 of 728 CITY OF EVANSTON, ILLINOIS General Fund Schedule of Revenues - Budget and Actual (Budgetary Basis) For the Fiscal Year ended December 31, 2013 Original and Final Budget Actual Variance Taxes Property Current year levy 12,281,386$ 11,527,504$ (753,882)$ Prior year levy 200,000 414,071 214,071 Total Property Taxes 12,481,386 11,941,575 (539,811) Personal Property Replacement Tax 637,900 767,473 129,573 Other Taxes State Use Tax 1,176,879 1,283,156 106,277 Sales Tax - Home Rule 5,861,800 5,964,747 102,947 Auto Rental Tax 40,000 43,598 3,598 Athletic Contest Tax 760,000 1,056,355 296,355 Utility Tax 8,514,306 7,690,177 (824,129) Cigarette Tax 485,000 372,000 (113,000) Evanston Motor Fuel Tax 707,667 634,196 (73,471) Liquor Tax 2,350,000 2,261,874 (88,126) Parking Tax 2,200,000 2,418,852 218,852 Real Estate TransferTax 2,100,000 3,894,599 1,794,599 Total Other Taxes 24,195,652 25,619,554 1,423,902 Total Taxes 37,314,938 38,328,602 1,013,664 Continued -124-204 of 728 CITY OF EVANSTON, ILLINOIS General Fund Schedule of Revenues - Budget and Actual (Budgetary Basis) For the Fiscal Year ended December 31, 2013 Original and Final Budget Actual Variance Licenses and Permits Vehicle Licenses 2,600,000$ 2,349,686$ (250,314)$ Business Licenses 150,000 126,119 (23,881) Pet Licenses 25,000 23,969 (1,031) Contractor Licenses 77,302 87,400 10,098 Rooming House Licenses 193,000 229,888 36,888 Liquor Licenses 330,000 701,238 371,238 One Day Liquor Licenses 8,200 10,195 1,995 Farmer's Market Licenses 33,000 41,376 8,376 Rental building register 95,000 62,437 (32,563) Other Licenses 20,000 20,519 519 Long Term Care License 98,400 104,580 6,180 Seasonal Food estb - 17,696 17,696 Mobile food vehicle - 1,028 1,028 Hen coop lic - 850 850 Resident Care home License 600 540 (60) Building Permits 3,020,000 3,951,048 931,048 Plumbing Permits 135,000 119,635 (15,365) Electrical Permits 130,000 158,193 28,193 Signs and Awnings 8,330 7,802 (528) Other /Misc Permits 183,260 278,408 95,148 Elevator Permits 41,650 74,670 33,020 Heating Vent / AC Permits 210,000 340,687 130,687 Right of Way Permits 290,000 543,677 253,677 Residents Parking Permit 128,000 113,582 (14,418) Visitor Parking Permit 12,300 14,181 1,881 Fire supression / Alarm Permit 65,000 85,537 20,537 Annual Sign Fees 25,000 34,020 9,020 Moving Van Permit 50,000 - (50,000) Plat PR. & Sign Approval HRG Fees 2,100 3,275 1,175 Alarm Panel Francise Fee 6,000 10,680 4,680 Cable Franchise Fee 1,000,000 1,141,460 141,460 PEG Fees - COMCAST 100,000 (97,094) (197,094) Nicor Franchise Fee 95,000 60,132 (34,868) Transfer Station Fee 281,250 - (281,250) Total Licenses and Permits 9,413,392 10,617,414 1,204,022 Continued -125-205 of 728 CITY OF EVANSTON, ILLINOIS General Fund Schedule of Revenues - Budget and Actual (Budgetary Basis) For the Fiscal Year ended December 31, 2013 Original and Final Budget Actual Variance Intergovernmental - Revenue from Other Agencies Retailer and Service Occupation Tax 9,291,000$ 9,717,393$ 426,393$ State Income Tax 6,322,645 7,182,793 860,148 State Highway Maintenance 58,000 56,551 (1,449) Health Department Basic Serv. Grant 75,000 152,362 77,362 Dental Sealant Grant 8,626 7,155 (1,471) W.I.C. Reimbursement - 20,169 20,169 Summer Food Inspections 400 1,100 700 Kid Care Agreement - 150 150 Illinois Tobacco Free Community 25,082 39,680 14,598 Health Alert Network Grant - 7,450 7,450 Childhood Lead Poisoning Grant 1,000 5,550 4,550 Other State / County Grant 11,000 321,111 310,111 Tanning Parlor Inspection 200 400 200 Violence Crime Victim Asst. Grant 18,525 - (18,525) RBFI-Risk Based Fdng Gra - 19,726 19,726 Fire Department Training 3,000 - (3,000) CRI Grant 44,000 70,608 26,608 PHEP Grant 62,072 88,951 26,879 Dental Expansion Grant 30,000 - (30,000) Leadbase Paint Control Grant 80,000 65,100 (14,900) Federal Grant / Aid 10,000 103,325 93,325 Commission on Aging Grant - Advocate 79,723 91,825 12,102 Civil Defence Grants (F.E.M.A.)17,000 161,613 144,613 Police Training 8,000 - (8,000) HUD Emergency Shelter Grant 204,770 127,182 (77,588) YOUTH ORGANIZ UMBRELLA G - 47,477 47,477 RTA Grant 100,000 - (100,000) Other Federal Aid 8,400 94,973 86,573 Total Intergovernmental - Revenue from Other Agencies 16,458,443 18,382,644 1,924,201 Continued -126-206 of 728 CITY OF EVANSTON, ILLINOIS General Fund Schedule of Revenues - Budget and Actual (Budgetary Basis) For the Fiscal Year ended December 31, 2013 Original and Final Budget Actual Variance Charges for Services Recreation Recreation - program 5,365,015$ 5,219,280$ (145,735)$ Recreation -special events 25,000 16,251 (8,749) Total Recreation 5,390,015 5,235,531 (154,484) Charges for Services Other Service Charges Birth and Death Records - 8,398 8,398 Sanitation Classes 1,700 2,720 1,020 Dental Clinic Fees - 548 548 Health Clinic Fees - Food Establishment 185,000 189,915 4,915 Temporary License Fee 7,000 6,606 (394) Food Delivery Vehicle 5,500 6,094 594 Beverage Snack Vending Machine 28,000 28,932 932 Tobacco License 19,000 21,239 2,239 BeeKeeper License - 74 74 Birth Certificate 70,000 64,743 (5,257) Dealth Certificate - 16 . 23 40,000 10,894 (29,106) Funeral Director License 6,000 8,471 2,471 Temp Funeral Direct License 4,200 4,845 645 Parking Meter Fee Increment 641,667 641,552 (115) Weights & Measures Examinations 1,000 775 (225) Senior Taxi Coupon Sales 108,000 91,998 (16,002) Fire Cost Recovery Charge 10,000 3,060 (6,940) Other Services Charges - 2,341 2,341 Historic preservation 6,500 6,807 307 Tree Preservation Revenue - 26,336 26,336 Continued -127-207 of 728 CITY OF EVANSTON, ILLINOIS General Fund Schedule of Revenues - Budget and Actual (Budgetary Basis) For the Fiscal Year ended December 31, 2013 Original and Final Budget Actual Variance Charges for Services - Continued Other Service Charges - Continued Ambulance Service 1,052,400$ 1,079,976$ 27,576$ Towing Charges 3,000 120 (2,880) Police Report Fees 14,500 25,971 11,471 Wood Recycling 35,000 40,740 5,740 Zoning Fees 25,000 47,008 22,008 Fire Building inspections 6,000 11,875 5,875 Alarm Panel Subscription Fees 90,000 120,461 30,461 Skokie Animal Board Fee 8,000 7,500 (500) Background Check Daycare Prov. - 420 420 New Pavement Degradation 10,000 17,250 7,250 Plan Review 6,248 9,737 3,489 Total Other Service Charges 2,383,715 2,487,406 103,691 Total Charges for Services 7,773,730 7,722,937 (50,793) Fines Ticket Fines - Parking 3,450,000 2,144,889 (1,305,111) Regular Fines 298,449 180,804 (117,645) Boot Release Fee 80,000 38,025 (41,975) Fire False Alarm Fines 170,000 136,599 (33,401) Police CTA Detail - 439,192 439,192 Police DUI Reimbursement - 28,921 28,921 Police Tip System - 48 48 Police False Alarm Fines - 44,013 44,013 Housing Code Violation Fines 97,248 102,271 5,023 Permit Penalty Fees 7,500 8,147 647 Police Call Fines - 475 475 Administrative Adjudication Fine 262,825 325,139 62,314 Total Fines 4,366,022 3,448,523 (917,499) Investment Income 6,000 26,907 20,907 Continued -128-208 of 728 CITY OF EVANSTON, ILLINOIS General Fund Schedule of Revenues - Budget and Actual (Budgetary Basis) For the Fiscal Year ended December 31, 2013 Original and Final Budget Actual Variance Miscellaneous Charges to Other Funds Recreation restricted accts 78,716$ 75,900$ (2,816)$ Community Development Fund 781,278 672,374 (108,904) Home Fund 28,400 22,740 (5,660) Total Charges to Other Funds 888,394 771,014 (117,380) Miscellaneous Other Revenues Women Out Walking 15,000 3,956 (11,044) Property Sales and Rentals 151,543 69,261 (82,282) Donation 76,400 - (76,400) Damage to City Signage 2,000 - (2,000) Damage to City traffic Signal 20,000 - (20,000) Damage to Street Lights 20,000 - (20,000) Miscellaneous Revenue 255,000 106,968 (148,032) Taxicab Revenue - 5,700 5,700 Teen baby nursery 41,000 41,000 - Market Link Vouchers 16,500 7,312 (9,188) Sale of surplus properties - ` 5,634 5,634 Reimbursements - Serve & Pro.- 6,066 6,066 Reimbursements - Salt Use - 54,973 54,973 Reimbursements - Fire Dept.- 52,794 52,794 Payment in Lieu of Taxes 250,000 9,500 (240,500) Fund Balance Applied 516,000 516,000 - Jde Water Interface - 3,479 3,479 City Rehab Repayments - 2,300 2,300 Yard Waste - 2,625 2,625 Private Elm Trees Ins.40,000 45,028 5,028 CD Demolition Revenue - 488 488 Citizens CPR Class Fees - 5,792 5,792 Parking Permits - Ryan Field 15,000 12,534 (2,466) Change in Reserves - (303,475) (303,475) Total Other Revenues 1,418,443 647,935 (770,508) Total Miscellaneous 2,306,837 1,418,949 (887,888) Total Revenues 77,639,362$ 79,945,976$ 2,306,614$ Concluded -129-209 of 728 CITY OF EVANSTON, ILLINOIS General Fund Schedule of Expenditures - Budget and Actual (Budgetary Basis) For the Fiscal Year ended December 31, 2013 Original and Final Budget Actual Variance General Management and Support City Council 406,161$ 421,198$ (15,037)$ City Manager 1,873,088 1,582,580 290,508 City Clerk 228,936 235,871 (6,935) Law Department 989,154 973,254 15,900 Administrative Services 8,776,492 8,546,089 230,403 Facilities management 2,586,375 2,388,526 197,849 Total General Management and Support 14,860,206 14,147,518 712,688 Public Safety Police 25,552,038 26,508,583 (956,545) Fire 13,741,148 14,142,077 (400,929) Total Public Safety 39,293,186 40,650,660 (1,357,474) Public Works Public Works Director 390,668 361,299 29,369 Municipal Service Center 440,054 325,575 114,479 City Engineer 1,460,873 1,527,840 (66,967) Traffic Engineer 887,202 860,772 26,430 Streets 6,481,757 5,721,897 759,860 Sanitation - 114 (114) Total Public Works 9,660,554 8,797,497 863,057 Continued -130-210 of 728 CITY OF EVANSTON, ILLINOIS General Fund Schedule of Expenditures - Budget and Actual (Budgetary Basis) - Continued For the Fiscal Year ended December 31, 2013 Original and Final Budget Actual Variance Health and Human Resource Development Health and Human Services Director 309,672$ 316,748$ (7,076)$ Health Department 1,535,504 1,731,706 (196,202) Mental health and community purchased services 788,540 869,395 (80,855) Human Relations 642,346 683,620 (41,274) Total Health and Human Resource Development 3,276,062 3,601,469 (325,407) Recreation and Cultural Opportunities Recreation 8,885,720 8,966,941 (81,221) Parks and forestry 4,501,752 4,455,625 46,127 Ecology Center 427,879 485,605 (57,726) Cultural arts 893,801 836,122 57,679 Total Recreation and Cultural Opportunities 14,709,152 14,744,293 (35,141) Housing and Economic Development Community Development administration 253,346 237,924 15,422 Planning and zoning 770,882 740,373 30,509 Housing rehabilitation and property standards 167,627 146,664 20,963 Building code compliance 1,529,407 1,411,248 118,159 Total Housing and Economic Development 2,721,262 2,536,209 185,053 Total Expenditures 84,520,422$ 84,477,646$ 42,776$ Concluded -131-211 of 728 CITY OF EVANSTON, ILLINOIS Capital Improvements Schedule of Revenues, Expenditures, and Changes in Fund Balance - Budget and Actual (Budgetary Basis) For the Fiscal Year ended December 31, 2013 Original and Final Budget Actual Variance Revenues Intergovernmental allotments 11,120,988$ 882,160$ (10,238,828)$ Interest 10,000 18,562 8,562 Miscellaneous - 53,986 53,986 Total Revenue 11,130,988 954,708 (10,176,280) Expenditures General management and support -$ 131,328$ (131,328)$ Public safety - 15,991 (15,991) Public works - 23,193 (23,193) Recreation and cultural opportunities - 30,999 (30,999) Capital outlay 13,100,351 5,918,368 7,181,983 Total Expenditures 13,100,351 6,119,879 6,980,472 Excess (Deficiency) of Revenues over (under) Expenditures (1,969,363) (5,165,171) (3,195,808) Other Financing Sources (Uses) Transfers out (475,000)$ (475,000) - Issuance of debt - 8,538,259 8,538,259 Net Change in Fund Balance (2,444,363)$ 2,898,088$ 5,342,451$ Fund Balance Beginning 3,401,911 Ending 6,299,999$ -132-212 of 728 CITY OF EVANSTON, ILLINOIS Motor Fuel Tax Fund Schedule of Revenues, Expenditures, and Changes in Fund Balance - Budget and Actual (Budgetary Basis) Original and Final Budget Actual Variance Revenues Intergovernmental allotments 2,125,000$ 2,118,506$ (6,494)$ Interest 2,000 482 (1,518) Total Revenues 2,127,000 2,118,988 (8,012) Expenditures Public Works 1,400,000 972,788 427,212 Excess (Deficiency) of Revenues over (under) Expenditures 727,000 1,146,200 419,200 Other Financing Sources (Uses) Transfers in (out) General Fund (833,000) (833,000) - Net Change in Fund Balance (106,000)$ 313,200 419,200$ Fund Balances Beginning 999,368 Ending 1,312,568$ For the Fiscal Year ended December 31, 2013 -133-213 of 728 CITY OF EVANSTON, ILLINOIS Economic Development Fund Schedule of Revenues, Expenditures, and Changes in Fund Balance - Budget and Actual (Budgetary Basis) Original and Final Budget Actual Variance Revenues Taxes and Special Assessments 1,900,000$ 1,829,926$ (70,074)$ Intergovernmental allotments - 999,000 999,000 Interest 800 131 (669) Miscellaneous - 792 792 Total Revenue 1,900,800 2,829,849 929,049 Expenditures Housing and economic development 1,901,125 1,058,944 842,181 Excess of Revenues over Expenditures (325) 1,770,905 1,771,230 Other Financing Sources (Uses) Transfers in (out) Library (9,900) (9,900) - Howard Ridge 48,500 48,500 - General Fund (452,707) (452,707) - Net Change in Fund Balance (414,432) 1,356,798 1,771,230$ Fund Balances Beginning 2,150,404 Ending 3,507,202$ For the Fiscal Year ended December 31, 2013 -134-214 of 728 CITY OF EVANSTON, ILLINOIS Emergency Telephone System Fund Schedule of Revenues, Expenditures, and Changes in Fund Balance - Budget and Actual (Budgetary Basis) Original and Final Budget Actual Variance Revenues Taxes and Special Assessments 1,033,560$ 1,003,954$ (29,606)$ Interest 1,000 215 (785) Total Revenue 1,034,560 1,004,169 (30,391) Expenditures Public Safety 1,121,330 922,147 199,183 Excess of Revenues over Expenditures (86,770) 82,022 168,792 Other Financing Sources (Uses) Transfers in (out) General Fund (125,950) (125,950) - Net Change in Fund Balance (212,720)$ (43,928)$ 168,792$ Fund Balance Beginning 1,264,807 Ending 1,220,879$ For the Fiscal Year ended December 31, 2013 -135-215 of 728 CITY OF EVANSTON, ILLINOIS Neighborhood Improvement Fund Schedule of Revenues, Expenditures, and Changes in Fund Balance - Budget and Actual (Budgetary Basis) Original and Final Budget Actual Variance Revenues Taxes and Special Assessments 20,000$ 20,000$ -$ Expenditures Housing and economic development 50,000 - 50,000 Net Change in Fund Balance (30,000)$ 20,000 50,000$ Fund Balances Beginning 129,915 Ending 149,915$ For the Fiscal Year ended December 31, 2013 -136-216 of 728 CITY OF EVANSTON, ILLINOIS Affordable Housing Fund Schedule of Revenues, Expenditures, and Changes in Fund Balance - Budget and Actual (Budgetary Basis) Original and Final Budget Actual Variance Revenues Affordable Housing Demo Tax -$ 40,000$ 40,000$ Developer Contributions 155,000 250,000 95,000 Interest 228 198 (30) Miscellaneous - 11,188 11,188 Total Revenue 155,228 301,386 146,158 Expenditures Housing and economic development 273,800 62,444 211,356 Excess of Revenues over Expenditures (118,572) 238,942 357,514 Other Financing Sources (Uses) Transfers in (out) Debt Service Fund (23,990) (23,990) - Net Change in Fund Balance (142,562)$ 214,952 357,514$ Fund Balance Beginning 2,236,126 Ending 2,451,078$ For the Fiscal Year ended December 31, 2013 -137-217 of 728 CITY OF EVANSTON, ILLINOIS HOME Fund Schedule of Revenues, Expenditures, and Changes in Fund Balance - Budget and Actual (Budgetary Basis) Original and Final Budget Actual Variance Revenues Intergovernmental allotments 797,400$ 703,935$ (93,465)$ Interest - 6,693 6,693 Total Revenue 797,400 710,628 (86,772) Expenditures Housing and economic development 769,000 74,475 694,525 Excess (Deficiency) of Revenues over (under) Expenditures 28,400 636,153 607,753 Other Financing Sources (Uses) Transfers in (out) General Fund (28,400) - 28,400 Net Change in Fund Balance -$ 636,153 636,153$ Fund Balance Beginning 3,306,375 Ending 3,942,528$ For the Fiscal Year ended December 31, 2013 -138-218 of 728 CITY OF EVANSTON, ILLINOIS Community Development Block Grant Fund Schedule of Revenues, Expenditures, and Changes in Fund Balance - Budget and Actual (Budgetary Basis) Originaland Final Budget Actual Variance Revenues Intergovernmental allotments Grant from the U.S. Department of Housing and Urban Development 1,963,644$ 1,665,720$ (297,924)$ Miscellaneous - 14,412 14,412 Total Revenues 1,963,644 1,680,132 (283,512) Expenditures Housing and economic development 1,963,644 1,680,132 283,512 Net Change in Fund Balance -$ - -$ Beginning 12,799 Ending 12,799$ For the Fiscal Year ended December 31, 2013 -139-219 of 728 CITY OF EVANSTON, ILLINOIS Community Development Block Grant Fund Schedule of Expenditures - Budget and Actual (Budgetary Basis) Original and Final Budget Actual Variance Administration/Planning CDBG Administration 308,000$ 298,258$ 9,742$ Total Administration/Planning 308,000 298,258 9,742 Economic Development Evanston Community Development Corp. 75,000 - 75,000 Total Economic Development 75,000 - 75,000 Housing Housing Code Compliance 400,000 413,077 (13,077) Demolition Vacant Lot - 2,755 (2,755) Handyman Assistance/Elderly Home Repair - 8,025 (8,025) Essential Repairs - 4,206 (4,206) Housing Rehab Administration 185,000 160,426 24,574 Neighborhood Storefront Imp Program 22,500 - 22,500 Total Housing 607,500 588,489 19,011 Neighborhood Revitalization Alley Imp. Paving Program 238,544 307,317 (68,773) Curb/Sidewalk Replacement 85,800 - 85,800 Child Care Center 5,000 - 5,000 Tree Planting Wnrsa - 525 (525) Fireman' Park 40,000 75,000 (35,000) Grandmother Park 10,000 17,000 (7,000) YOU-Nichols 27,000 - 27,000 Penny Park 30,000 - 30,000 Weissbourd/Fam Focus 50,000 - 50,000 Handyman Assistance/Elderly Home Repair 32,000 1,082 30,918 Reba Early Learning Center Roof 15,000 10,400 4,600 Special Assessments/Alley Paving 50,000 35,202 14,798 Snap Lighting 25,000 39,055 (14,055) McGaw YMCA 30,000 8,000 22,000 YMCA 30,000 - 30,000 Peer Windows 5,000 - 5,000 Graffiti Removal Program 33,800 33,804 (4) Total Neighborhood Revitalization 707,144 527,385 179,759 For the Fiscal Year ended December 31, 2013 Continued -140-220 of 728 CITY OF EVANSTON, ILLINOIS Community Development Block Grant Fund Schedule of Expenditures - Budget and Actual (Budgetary Basis) - Continued Original and Final Budget Actual Variance Public Services Evanston Community Defender 33,000 33,000 - Family Focus 22,500 22,500 - Girl Scouts 5,000 5,000 - Interfaith Housing Program/ Home Sharing 13,000 13,000 - Legal Assist Foundation 7,000 7,000 - Meals at Home 14,000 14,000 - North Shore Senior Center 18,000 18,000 - Open studio Art 3,500 3,500 - Summer Youth Employment 70,000 70,000 - Youth Job Center of Evanston 35,000 35,000 - Iwork/hours options 20,000 20,000 - YWCA Shelter Project 25,000 25,000 - Total Public Services 266,000 266,000 - Total Expenditures 1,963,644$ 1,680,132$ 283,512$ For the Fiscal Year ended December 31, 2013 Concluded -141-221 of 728 CITY OF EVANSTON, ILLINOIS Community Development Loan Schedule of Revenues, Expenditures, and Changes in Fund Balance - Budget and Actual (Budgetary Basis) Original and Final Budget Actual Variance Revenues Intergovernmental allotments -$ 205,904$ 205,904$ Interest 9,000 3,554 (5,446) Total Revenues 9,000 209,458 200,458 Expenditures Housing and economic development 20,000 - 20,000 Net Change in Fund Balance (11,000)$ 209,458 220,458$ Fund Balances Beginning 2,144,813 Ending 2,354,271$ For the Fiscal Year ended December 31, 2013 -142-222 of 728 CITY OF EVANSTON, ILLINOIS Neighborhood Stabilization Program 2 Schedule of Revenues, Expenditures, and Changes in Fund Balance - Budget and Actual (Budgetary Basis) Original and Final Budget Actual Variance Revenues Intergovernmental allotments 4,011,917$ 2,885,918$ (1,125,999)$ Expenditures Housing and economic development 3,924,293 2,798,294 1,125,999 Excess (Deficiency) of Revenues over (under) Expenditures 87,624 87,624 - Other Financing Sources (Uses) Transfers in (out) General Fund (87,624) (87,624) - Net Change in Fund Balance -$ - -$ Fund Balances Beginning - Ending -$ For the Fiscal Year ended December 31, 2013 -143-223 of 728 CITY OF EVANSTON, ILLINOIS Special Service District No. 4 Fund Schedule of Revenues, Expenditures, and Changes in Fund Balance - Budget and Actual (Budgetary Basis) Original and Final Budget Actual Variance Revenues Property taxes Current year levy 408,000$ 370,000$ (38,000)$ Prior year levy - (87,594) (87,594) Interest - - - Total Revenues 408,000 282,406 (125,594) Expenditures Housing and economic development 398,000 370,000 28,000 Net Change in Fund Balance 10,000$ (87,594) (97,594)$ Fund Balance Beginning 284,410 Ending 196,816$ For the Fiscal Year ended December 31, 2013 -144-224 of 728 CITY OF EVANSTON, ILLINOIS Township - Town Fund Schedule of Revenues, Expenditures, and Changes in Fund Balance - Budget and Actual For the Twenty One Months ended December 31, 2013 Originaland Final Budget Actual Variance Revenues Property taxes 345,753$ 503,694$ 157,941$ Interest 525 299 (226) Replacement tax 87,500 - (87,500) Total Revenues 433,778 503,993 70,215 Expenditures General management and support 653,020 648,807 4,213 Excess (Deficiency) of Revenues over (under) Expenditures (219,242) (144,814) 74,428 Other Financing Sources (Uses) Transfers in (out) General Assistance Fund 81,062 - (81,062) Net Change in Fund Balance (138,180)$ (144,814) (6,634)$ Fund Balance Beginning 359,842 Ending 215,028$ -145-225 of 728 CITY OF EVANSTON, ILLINOIS Township - General Assistance Fund Schedule of Revenues, Expenditures, and Changes in Fund Balance - Budget and Actual For the Twenty One Months ended December 31, 2013 Original and Final Budget Actual Variance Revenues Property taxes 1,399,678$ 1,555,480$ 155,802$ Interest 600 1,149 549 Miscellaneous - 50,595 50,595 Total Revenues 1,400,278 1,607,224 206,946 Expenditures General management and support 2,304,306 2,535,983 (231,677) Excess (Deficiency) of Revenues over (under) Expenditures (904,028) (928,759) (24,731) Other Financing Sources (Uses) Transfers in (out) Town Fund 452,037 - (452,037) 452,037 - (452,037) Net Change in Fund Balance (451,991)$ (928,759) (476,768)$ Fund Balance Beginning 1,519,253 Ending 590,494$ -146-226 of 728 CITY OF EVANSTON, ILLINOIS Special Assessment Capital Projects Fund Schedule of Revenues, Expenditures, and Changes in Fund Balance - Budget and Actual (Budgetary Basis) For the Fiscal Year ended December 31, 2013 Original and Final Budget Actual Variance Revenues Special Assessments 550,000$ 274,848$ (275,152)$ Interest 10,000 1,982 (8,018) Total Revenue 560,000 276,830 (283,170) Expenditures General management and support -$ 4,113$ (4,113)$ Capital outlay 361,000 29,863 331,137 Total Expenditures 361,000 33,976 327,024 Excess (Deficiency) of Revenues over (under) Expenditures 199,000 242,854 43,854 Other Financing Sources (Uses) Issuance of debt - 241,906 241,906 Transfer to Debt Service Fund (317,660) (317,660) - Other Financing Sources (Uses) - net (317,660) (75,754) 241,906 Net Change in Fund Balance (118,660)$ 167,100 285,760$ Fund Balance Beginning 1,905,315 Ending 2,072,415$ -147-227 of 728 CITY OF EVANSTON, ILLINOIS Debt Service Funds Combining Schedule of Revenues, Expenditures, and Changes in Fund Balances Budget and Actual (Budgetary Basis) For the Fiscal Year ended December 31, 2013 Original Original Original Original and Final and Final and Final and Final Budget Actual Budget Actual Budget Actual Budget Actual Revenues Taxes Property taxes Current year levy, net 10,806,574$ 11,813,844$ 428,756$ 444,309$ 656,000$ 480,767$ 1,300,000$ 1,106,614$ Prior year levy, net - 66,643 - (29,367) - - - - Investment income 1,000 5,355 100 587 500 2 5,000 14,087 Miscellaneous - 33,510 - - - - - - Total Revenues 10,807,574 11,919,352 428,856 415,529 656,500 480,769 1,305,000 1,120,701 Expenditures General management and support 5,000 143,063 - - - - 460,000 1,159,915 Housing and economic development - - - - 840,000 423,134 - - Construction Improvement - - - - - - - - Debt Service Principal 5,856,800 7,536,636 340,000 380,000 - - 570,000 685,000 Interest 4,012,876 4,262,441 88,756 57,740 - - 141,804 39,088 Fiscal agent fees 83,000 126,610 - - - - - - Total Expenditures 9,957,676 12,068,750 428,756 437,740 840,000 423,134 1,171,804 1,884,003 Excess (Deficiency) of Revenues over (under) Expenditures 849,898 (149,398) 100 (22,211) (183,500) 57,635 133,196 (763,302) Other Financing Sources (Uses) Issuance of Debt - - - - - - - Transfers in (out) General 871,528 1,000,000 - - (24,100) (29,500) (141,600) (144,400) Library NSP 2 Emergency Telephone Community Development Grant Economic Development - - - - - - - - Washington National CIP - - - - - - - - Special Assessment 317,660 317,660 - - Fleet Services - - - - - - Insurance - - - - - - - - Sewer Fund - (1,857,827) - - - - - - Motor Vehicle Parking System - - - - - - - - Total Other Financing Sources (Uses)1,189,188 (540,167) - - (24,100) (29,500) (141,600) (144,400) Net Changes in Fund Balances 2,039,086$ (689,565) 100$ (22,211) (207,600)$ 28,135 (8,404)$ (907,702) Fund Balances (Deficit) Beginning 270,969 46,881 304,936 3,525,028 Ending (418,596)$ 24,670$ 333,071$ 2,617,326$ Special Howard Hartrey TaxGeneralService District Southwest Tax Increment DistrictIncrement DistrictObligation Debt No. 5 -148-228 of 728 Original Original Original Original and Final and Final and Final and Final Budget Actual Budget Actual Budget Actual Budget Actual 4,800,000$ 4,435,649$ 689,000$ 466,980$ 580,000$ 41,682$ 19,260,330$ 18,789,845$ - 76,760 - 7,236 - 9,462 - 130,734 25,000 13,072 400 344 1,000 166 33,000 33,613 - - - 33,014 - - - 66,524 4,825,000 4,525,481 689,400 507,574 581,000 51,310 19,293,330 19,020,716 - 100,935 - 726,231 490,000 314,353 955,000 2,444,497 - - - - - - 840,000 423,134 425,000 2,188,934 - - - - 425,000 2,188,934 325,000 455,000 - - - - 7,091,800 9,056,636 128,200 55,000 - - - 7,274 4,371,636 4,421,543 - - - - - - 83,000 126,610 878,200 2,799,869 - 726,231 490,000 321,627 13,766,436 18,661,354 3,946,800 1,725,612 689,400 (218,657) 91,000 (270,317) 5,526,894 359,363 - - - - - - - - (325,000) (331,000) (120,400) (120,400) (50,000) (60,000) 210,428 314,700 - - - - - - - - - - - - - - - - - (48,500) - - - (48,500) 317,660 317,660 - - - - - - - - - - - - - - - - - - - - - - - (1,857,827) (3,419,636) (3,631,350) - - - - (3,419,636) (3,631,350) (3,744,636) (3,962,350) (120,400) (168,900) (50,000) (60,000) (2,891,548) (4,905,317) 202,164$ (2,236,738) 569,000$ (387,557) 41,000$ (330,317) 2,635,346$ (4,545,955) 6,356,779 764,523 867,958 12,137,074 4,120,041$ 376,966$ 537,641$ 7,591,119$ Totals Washington National Tax West Evanston Tax Increment District Howard Ridge Tax Increment DistrictIncrement District -149-229 of 728 PROPRIETARY FUND TYPES -150-230 of 728 CITY OF EVANSTON, ILLINOIS Water Fund Schedule of Net Position Operation and Bond Depreciation Maintenance and Bond Improvement Account Interest Reserve and Extension Totals Current Assets Cash and equivalents 4,931,205$ 2,304,822$ 273,219$ 64,115$ 7,573,361$ Restricted cash and equivalents and investmen - - 311,672 400,000 711,672 Receivables Accounts - billed 1,642,589 - - - 1,642,589 Accounts - unbilled 901,175 - - - 901,175 Due from other funds 240,013 (2,435,653) 2,400,000 (10,109) 194,251 Prepaid Expenses - 311,672 - - 311,672 Inventory 639,567 - - - 639,567 Total Current Assets 8,354,549 180,841 2,984,891 454,006 11,974,287 Capital Assets Land 555,415 - - - 555,415 Construction in progress 215,950 - - 9,031,561 9,247,511 Capital assets being depreciated 82,834,441 - - - 82,834,441 Less accumulated depreciation (23,715,367) - - - (23,715,367) Total Capital Assets 59,890,439 - - 9,031,561 68,922,000 Total Assets 68,244,988$ 180,841$ 2,984,891$ 9,485,567$ 80,896,287$ Current Liabilities Vouchers payable 521,610$ -$ -$ 854,534$ 1,376,144$ Escrow account 12,000 - - - 12,000 Interest payable - restricted 30,640 6,672 - - 37,312 Revenue bonds payable - 305,000 - - 305,000 Notes payable-IEPA 67,505 - - - 67,505 General obligation bonds payable 445,648 - - - 445,648 Due to other funds 20,356 - - - 20,356 Compensated absences payable 324,542 - - - 324,542 Total Current Liabilities 1,422,301 311,672 - 854,534 2,588,507 Long-Term Liabilities Notes payable-IEPA 1,080,077 - - - 1,080,077 OPEB liabilty 160,602 - - - 160,602 Compensated absences payable 358,705 - - - 358,705 General obligation bonds payable 9,491,081 - - - 9,491,081 IMRF Pension contributions payable 382,863 - - - 382,863 Unamortized bond discount on bonds payable 228,586 (16,544) - - 212,042 Total Long-Term Liabilities 11,701,914 (16,544) - - 11,685,370 Total Liabilities 13,124,215 295,128 - 854,534 14,273,877 Net Position Net Investment in Capital Assets 48,577,542 (288,456) - 9,031,561 57,320,647 Restricted for debt service - - 311,672 - 311,672 Restricted for Capital Improvements - - - 400,000 400,000 Unrestricted 6,543,231 174,169 2,673,219 (800,528) 8,590,091 Total Net Position 55,120,773 (114,287) 2,984,891 8,631,033 66,622,410 Total Liabilities and Net Position 68,244,988$ 180,841$ 2,984,891$ 9,485,567$ 80,896,287$ Liabilities and Net Position As of December 31, 2013 Assets -151-231 of 728 CITY OF EVANSTON, ILLINOIS Water Fund Schedule of Changes in Net Position - Reserved - Restricted Accounts For the Fiscal Year ended December 31, 2013 Bond Depreciation, and Bond Improvement Interest Reserve and Extension Totals Increases Intrafund transfers in - accordance with bond ordinance unreserved retained earnings - Operation and Maintenance -$ -$ 5,100,000$ 5,100,000$ Investment earnings 7,037 764 107 7,908 Miscellaneous - - 78,792 78,792 Total Increases 7,037 764 5,178,899 5,186,700 Decreases Bond interest 13,343 - - 13,343 Purchase of capital assets - - 809,058 809,058 Payment of expenses - - 1,236,881 1,236,881 Total Decreases 13,343 - 2,045,939 2,059,282 Net Increase (Decrease)(6,306) 764 3,132,960 3,127,418 Net Position (Deficit) Beginning (107,981) 2,984,127 5,498,073 8,374,219 Ending (114,287)$ 2,984,891$ 8,631,033$ 11,501,637$ -152-232 of 728 CITY OF EVANSTON, ILLINOIS Water Fund - Operation and Maintenance Account (With Comparative Totals For the Fiscal Year ended December 31, 2012) Prior Period Budget Actual Actual Operating Revenues Charges for services 13,157,500$ 13,903,482$ 14,271,272$ Miscellaneous 399,300 754,266 695,932 Total Operating Revenues 13,556,800 14,657,748 14,967,204 Operating Expenses Excluding Depreciation Administration 990,583 960,028 922,959 Operations Pumping 2,333,247 2,226,781 2,273,827 Filtration 2,635,539 2,435,092 3,010,826 Meter maintenance 309,163 249,474 251,472 Distribution 1,424,324 1,389,136 1,204,898 Other 727,092 915,196 766,617 Total Operating Expenses Excluding Depreciation 8,419,948 8,175,707 8,430,599 Operating Income Before Depreciation 5,136,852 6,482,041 6,536,605 Depreciation - 1,449,757 1,323,912 Operating Income 5,136,852 5,032,284 5,212,693 Nonoperating Revenues (Expenses) Investment income 2,500 12,256 6,272 Interest expense - (298,850) (173,854) Amortization of bond premium - 1,129 1,129 Bond expenses and amortization of discount - (19,777) (20,928) Net book value of capital assets disposed - (60,762) - Total Nonoperating Revenues (Expenses) 2,500 (366,004) (187,381) Income Before Transfers 5,139,352 4,666,280 5,025,312 Transfers In (Out) Transfer Out (3,356,300) (3,356,300) (3,356,300) Total Transfers In (Out)(3,356,300) (3,356,300) (3,356,300) Net Income 1,783,052$ 1,309,980 1,669,012 Other Changes in Unreserved Net Position lntrafund transfers in (out) - Net Position - reserved - restricted accounts (4,290,942) (1,625,293) Increase in Unreserved Net Position (2,980,962) 43,719 Unreserved Net Position Beginning 58,101,735 58,058,016 Ending 55,120,773$ 58,101,735$ For the Fiscal Year ended December 31, 2013 Schedule of Revenues, Expenses, and Changes in Unreserved Net Position - Budget and Actual -153-233 of 728 CITY OF EVANSTON, ILLINOIS Water Fund - Operation and Maintenance Account Schedule of Operating Revenues - Budget and Actual (With Comparative Totals For the Fiscal Year ended December 31, 2012) Prior Period Budget Actual Actual Charges for Services, Net Water Sales Evanston 5,684,000$ 5,947,633$ 6,248,167$ Skokie 2,856,000 2,772,424 2,989,109 Northwest Water Commission 4,517,000 5,183,425 5,033,996 Total Charges for Services 13,057,000 13,903,482 14,271,272 Miscellaneous Fees and outside work 120,000 103,173 113,243 Fees, merchandise and other 379,800 651,093 582,689 Total Miscellaneous 499,800 754,266 695,932 Total Operating Revenues 13,556,800$ 14,657,748$ 14,967,204$ For the Fiscal Year ended December 31, 2013 -154-234 of 728 Internal Service Funds Internal service funds are used to account for the financing of goods or services provided by one department or agency to other departments or agencies of the government and to other government units, on a cost reimbursement basis. Fleet Services Fund - to account for the costs of operating the municipal service center maintenance facility for transportation equipment used by other City departments. Such costs are billed to the user departments at actual cost. Actual costs include depreciation on the transportation equipment. Insurance Fund - to account for the costs of administering general liability claims and workers' compensation programs. Such costs are billed to the General Fund. Equipment Replacement Fund - to account for the costs of all vehicle and equipment replacement purchases, new additions to the fleet and some rental and lease activities. Such costs are billed to the user departments at actual cost. -155-235 of 728 CITY OF EVANSTON, ILLINOIS Internal Service Funds Combining Statement of Net Position Equipment Replacement Fleet Services Insurance Totals Current Assets Cash and equivalents 17,459$ 6,633$ 445,140$ 469,232$ Receivables - other - 24,420 - 24,420 Inventories - 739,159 - 739,159 Prepaid Expenses 34,946 - - 34,946 Due from other funds 1,343,937 - 644,156 1,988,093 Total Unrestricted Current Assets 1,396,342 770,212 1,089,296 3,255,850 Capital Assets Capital Assets being depreciated 21,886,929 617,552 - 22,504,481 Accumulated depreciation (13,847,077) (617,046) - (14,464,123) Total Capital Assets 8,039,852 506 - 8,040,358 Total Assets 9,436,194 770,718 1,089,296 11,296,208 Liabilities and Fund Equity Current Liabilities Vouchers payable 738,616 342,267 25,499 1,106,382 Compensated absences payable - 23,370 - 23,370 Claims payable - - 2,414,551 2,414,551 Due to other funds 68,743 168,734 - 237,477 Total Current Liabilities 807,359 534,371 2,440,050 3,781,780 Long-Term Liabilities Compensated absences payable - 73,360 - 73,360 OPEB Liability - 51,915 - 51,915 Claims payable - - 2,376,909 2,376,909 Total Long-Term Liabilities - 125,275 2,376,909 2,502,184 Total Liabilities 807,359 659,646 4,816,959 6,283,964 Net Position (Deficit) Net Investment in Capital Assets 8,039,852 506 - 8,040,358 Unrestricted 588,983 110,566 (3,727,663) (3,028,114) Total Net Position (deficit)8,628,835$ 111,072$ (3,727,663)$ 5,012,244$ As of December 31, 2013 Assets -156-236 of 728 CITY OF EVANSTON, ILLINOIS Internal Service Funds Combining Statement of Revenues, Expenses, and Changes in Net Position For the Fiscal Year ended December 31, 2013 Equipment Replacement Fleet Services Insurance Totals Operating Revenues Charges for Services General Fund 1,242,590$ 2,507,358$ 2,649,503$ 6,399,451$ Sewer Fund - 475,800 269,988 745,788 Solid Waste 177,131 - - 177,131 Water Fund - 122,751 468,493 591,244 Motor Vehicle Parking System Fund 30,000 21,992 319,649 371,641 Library Fund 1,700 2,381 5,898 9,979 Emergency Telephone System - - 17,448 17,448 Economic Development - - 17,448 17,448 Community Development Block Grant - - 17,448 17,448 Claims Reimbursements - - 155,102 155,102 Health Insurance Contributions - - 13,453,340 13,453,340 Miscellaneous - 46,349 - 46,349 Total Operating Revenues 1,451,421 3,176,631 17,374,317 22,002,369 Operating Expenses General support - 271,772 - 271,772 Major maintenance 46,550 3,287,195 - 3,333,745 General liability claims - - (230,054) (230,054) Workers compensation claims - - 1,106,109 1,106,109 Health Insurance Premiums - - 13,228,538 13,228,538 Other - - 121,100 121,100 Total Operating Expenses 46,550 3,558,967 14,225,693 17,831,210 Operating Income (Loss) Before Depreciation 1,404,871 (382,336) 3,148,624 4,171,159 Depreciation 1,579,175 357 - 1,579,532 Operating Income (Loss) (174,304) (382,693) 3,148,624 2,591,627 Nonoperating Revenues (Expenses) Investment income - - 212 212 Gain (loss) on disposition of assets 131,072 - - 131,072 Total Nonoperating Revenues (Expenses)131,072 - 212 131,284 Transfers In (Out) General Fund - 600,000 500,000 1,100,000 - 600,000 500,000 1,100,000 Change in Net Position (43,232) 217,307 3,648,836 3,822,911 Total Net Position (Deficit) - Beginning 8,672,067 (106,235) (7,376,499) 1,189,333 Total Net Position (Deficit)- Ending 8,628,835$ 111,072$ (3,727,663)$ 5,012,244$ -157-237 of 728 CITY OF EVANSTON, ILLINOIS Internal Service Funds Combining Statement of Cash Flows Equipment Replacement Fleet Services Insurance Totals Cash Flows from Operating Activities Receipts from customers and users 1,479,220$ 3,174,724$ 17,374,317$ 22,028,261$ Receipts from / (Payments for) interfund services provided (908,357) (276,048) (574,315) (1,758,720) Payments to suppliers 1,452,179 (3,235,386) (121,100) (1,904,307) Payments to employees - (261,108) (3,345,362) (3,606,470) Payments for insurance premiums - - (13,443,553) (13,443,553) Net Cash Provided by (used for) Operating Activities 2,023,042 (597,818) (110,013) 1,315,211 Cash Flows from Noncapital Financing Activities Transfers In (Out) General Fund - 600,000 500,000 1,100,000 Net Cash Flows from Noncapital Financing Activities - 600,000 500,000 1,100,000 Cash Flows from Capital and Related Financing Activities Sale of capital assets 147,167 - - 147,167 Acquisition and construction of capital assets (2,463,537) - - (2,463,537) Net Cash Used for Capital and Related Financing Activities (2,316,370) - - (2,316,370) Cash Flows from Investing Activities Interest income - - 212 212 Net Cash provided by Investing Activities - - 212 212 Net Increase (Decrease) in Cash and Cash Equivalents (293,328) 2,182 390,199 99,053 Cash and Equivalents Beginning 310,787 4,451 54,941 370,179 Ending 17,459$ 6,633$ 445,140$ 469,232$ For the Fiscal Year ended December 31, 2013 Continued -158-238 of 728 CITY OF EVANSTON, ILLINOIS Combining Statement of Cash Flows - Continued Internal Service Funds Equipment Replacement Fleet Services Insurance Totals Reconciliation of Operating Income (Loss) to Net Cash Provided by (Used for) Operating Activities Operating Income (Loss) (174,304)$ (382,693)$ 3,148,624$ 2,591,627$ Adjustments to reconcile operating income to net cash provided by (used for) operating activities Depreciation 1,579,175 357 - 1,579,532 Changes in assets and liabilities Increase/decrease in A/R miscellaneous 27,799 (1,907) - 25,892 Prepaid expenses 793,939 - 1,627 795,566 Inventories - (67,006) - (67,006) Compensated absences - 6,775 - 6,775 OPEB Liability - 3,889 - 3,889 Accounts payable 704,790 118,815 (216,642) 606,963 lnterfund payable (908,357) (276,048) (574,315) (1,758,720) Claims payable - - (2,469,307) (2,469,307) Net Cash Provided By (Used For) Operating Activities 2,023,042$ (597,818)$ (110,013)$ 1,315,211$ For the Fiscal Year ended December 31, 2013 Concluded -159-239 of 728 EVANSTON LIBRARY COMPONENT UNIT -160-240 of 728 CITY OF EVANSTON LIBRARY COMPONENT UNIT Statement of Net Position and Governmental Funds Combining Balance Sheet December 31, 2013 Statement of Operating Endowment Total Adjustments Activities Assets Cash and Investments 619,342$ 3,768,281$ 4,387,623$ -$ 4,387,623$ Property Tax Receivables 5,780,275 - 5,780,275 - 5,780,275 Accrued Interest Receivables - 7,524 7,524 - 7,524 Other Receivables 28,438 - 28,438 - 28,438 Prepaid Expenses 3,350 - 3,350 - 3,350 Capital assets not being depreciated - - - 311,380 311,380 Capital assets net accumulated depreciation - - - 13,763,522 13,763,522 Total Assets 6,431,405 3,775,805 10,207,210 14,074,902 24,282,112 Liabilities, Deferred Inflows, and Fund Balance Current Liabilities Vouchers Payable 175,617 - 175,617 - 175,617 Other Payable 22,012 - 22,012 - 22,012 Due to Primary Government 160,470 - 160,470 - 160,470 Total Current Liabilities 358,099 - 358,099 - 358,099 Noncurrent Liabilities Due within one year- Debt - - - 813,986 813,986 Due in more than one year - Debt - 2,748,983 2,748,983 Total Noncurrent Liabilities - - - 3,562,969 3,562,969 Total Liabilities 358,099 - 358,099 3,562,969 3,921,068 Derferred Inflows of Resources Property Tax 5,090,545 - 5,090,545 - 5,090,545 Total Liabilities and Deferred Inflows 5,448,644 - 5,448,644 3,562,969 9,011,613 Fund Balance / Net Position Net Investment in Capital Assets - - - 14,074,902 14,074,902 Unassigned / Unrestricted 982,761 3,775,805 4,758,566 (3,562,969) 1,195,597 Total Fund Balance / Net Position 982,761$ 3,775,805$ 4,758,566$ 10,511,933$ 15,270,499$ Total Liabilities, Deferred Inflows, and Fund Balance 6,431,405$ 3,775,805$ 10,207,210$ 14,074,902$ 24,282,112$ -161-241 of 728 CITY OF EVANSTON LIBRARY COMPONENT UNIT Statement of Activities and Governmental Fund Combining Statement of Revenue, Expenditures and Changes in Fund Balance/ Net Position For the Fiscal Year ended December 31, 2013 Statement of Operating Endowment Total Adjustments Activities Revenues Property taxes 4,367,300$ -$ 4,367,300$ -$ 4,367,300 Charges for Services 696,211 - 696,211 - 696,211 Investment Income - 71,745 71,745 - 71,745 Donations - 226,050 226,050 - 226,050 Miscellaneous 9,900 - 9,900 - 9,900 Total Revenue 5,073,411 297,795 5,371,206 - 5,371,206 Expenditures Current Community Services 5,191,746 - 5,191,746 341,323 5,533,069 Debt Service 877,667 - 877,667 - 877,667 Total Expenditures 6,069,413 - 6,069,413 341,323 6,410,736 Excess (Deficiency) of Revenues over (under) Expenditures (996,002) 297,795 (698,207) (341,323) (1,039,530) Other Financing Sources (Uses) Refunding bonds issued 877,667 - 877,667 - 877,667 Total Other Financing Sources (Uses) 877,667 - 877,667 - 877,667 Change in Net position (118,335) 297,795 179,460 (341,323) (161,863) Net Position Beginning 1,101,096 3,478,010 4,579,106 10,853,256 15,432,362 Ending 982,761$ 3,775,805$ 4,758,566$ 10,511,933$ 15,270,499$ -162-242 of 728 CITY OF EVANSTON LIBRARY COMPONENT UNIT Library Operating Fund Schedule of Revenues, Expenditures, and Changes in Fund Balance - Budget and Actual (Budgetary Basis) For the Fiscal Year ended December 31, 2013 Original and Final Budget Actual Variance Revenues Property taxes 4,148,806$ 4,318,604$ 169,798$ Charges for Services 868,104 696,211 (171,893) Miscellaneous - 9,900 9,900 Total Revenue 5,016,910 5,024,715 7,805 Expenditures General management and support 4,580,594$ 5,191,746$ (611,152)$ Total Expenditures 4,580,594 5,191,746 (611,152) Excess (Deficiency) of Revenues over (under) Expenditures 436,316 (167,031) (603,347) Net Change in Fund Balance 436,316$ (167,031) (603,347)$ Fund Balance Beginning 1,101,096 Ending 934,065$ -163-243 of 728 STATISTICAL SECTION (UNAUDITED) -164-244 of 728 Statistical Section Contents Page Financial Trends 166 - 169 Revenue Capacity 170 - 172 Debt Capacity 173 - 176 Demographic and Economic Information 177 - 178 Operating Information 179 - 184 These schedules offer demographic and economic indicators to help the reader understand the environment within the Government's financial activities take place. These schedules contain information about the Government's service and resources to help the reader understand how the Government's financial information relates to the services the Government provides and the activities it performs. This part of the Government's comprehensive annual financial report presents detailed information as a context for understanding what the information in the financial statements, note disclosures, and required supplementary information says about the Government's overall financial health. These schedules contain trend information to help the reader understand how the Government's financial performance and well-being have changed over time. These schedules contain information to help the reader assess the Government's most significant local revenue source, the property tax. These schedules present information to help the reader assess the affordability of the Government's current levels of outstanding debt and the Government's ability to issue additional debt in the future. -165-245 of 728 CITY OF EVANSTON, ILLINOISNet Position by ComponentLast Ten Fiscal Years(accrual basis of accounting)(amounts expressed in thousands)Fiscal Year2/28/20052/28/20062/28/20072/29/20082/28/20092/28/20102/28/201112/31/201112/31/201212/31/2013Governmental ActivitiesNet Investment in Capital Assets 426$ 34,428$ 31,133$ 31,542$ 37,278$ 41,109$ 49,483$ 57,663$ 60,105$ 47,214$ Restricted32,811 31,169 30,034 23,168 26,238 23,645 23,187 31,559 31,754 24,720 Unrestricted43,010 15,408 25,171 28,231 17,539 10,400 4,072 (24,033) (23,729) (13,846) Total Governmental Activities Net Position 76,247$ 81,005$ 86,338$ 82,941$ 81,055$ 75,154$ 76,742$ 65,189$ 68,130$ 58,088$ Business-type ActivitiesNet Investment in Capital Assets 114,442$ 129,084$ 140,621$ 159,185$ 172,399$ 192,921$ 207,162$ 215,755$ 228,738$ 239,243$ Restricted11,274 10,449 9,374 1,986 1,987 3,378 1,624 1,034 710 712 Unrestricted21,478 23,483 21,417 23,589 27,586 25,417 19,141 25,385 26,363 25,484 Total Business-type Activities Net Position 147,194$ 163,016$ 171,412$ 184,760$ 201,972$ 221,716$ 227,927$ 242,174$ 255,811$ 265,439$ Primary GovernmentNet Investment in Capital Assets 114,868$ 163,512$ 171,754$ 190,727$ 209,677$ 234,030$ 256,645$ 273,418$ 288,843$ 286,457$ Restricted44,085 41,618 39,408 25,154 28,225 27,023 24,811 32,593 32,464 25,432 Unrestricted64,488 38,891 46,588 51,820 45,125 35,817 23,213 1,352 2,634 11,638 Total Primary Government Net Position 223,441$ 244,021$ 257,750$ 267,701$ 283,027$ 296,870$ 304,669$ 307,363$ 323,941$ 323,527$ Source: City Finance Division-166-246 of 728 CITY OF EVANSTON, ILLINOIS Changes in Net Position Last Ten Fiscal Years (accrual basis of accounting) (amounts expressed in thousands) Fiscal Year Ended 2/28/2005 2/28/2006 2/28/2007 2/29/2008 2/28/2009 2/28/2010 2/28/2011 12/31/2011 12/31/2012 12/31/2013 Expenses Governmental Activities General government 14,451$ 19,537$ 19,951$ 20,072$ 18,017$ 19,773$ 17,517$ 17,911$ 22,508$ 18,892$ Public Safety 31,168 45,951 46,368 48,763 49,484 50,488 53,226 43,465 52,740 57,090 Public Works 14,225 14,632 16,505 21,566 21,628 18,509 15,626 12,399 11,099 13,782 Health & Human Resource Development 5,843 4,781 6,108 4,982 4,546 4,760 4,541 3,547 3,200 3,601 Housing & Economic Development 6,757 6,850 7,924 7,090 6,965 20,066 10,857 11,630 19,101 11,123 Culture and Recreation 18,276 19,792 18,303 20,634 20,002 9,120 20,142 15,607 17,438 16,433 Interest on Long-term Debt 5,086 5,874 6,926 5,522 4,041 4,396 5,595 3,114 1,786 377 Total governmental activities expenses 95,806 117,417 122,085 128,630 124,682 127,112 127,504 107,673 127,872 121,298 Business-type Activities Water 8,176 8,760 8,778 8,668 9,391 9,133 8,713 7,450 10,172 11,193 Sewer 8,781 9,219 9,588 8,972 8,726 8,779 8,784 7,083 7,872 7,649 Solid Waste - - - - - - - 4,317 4,612 4,732 Motor vehicle parking system 4,777 2,904 2,963 2,403 8,896 8,841 8,425 6,673 8,297 8,369 Sherman garage - - 1,613 4,270 - - - - - - Maple avenue garage 3,148 3,096 2,910 2,682 - - - - - - Total Business-type Activities 24,882 23,979 25,852 26,996 27,013 26,753 25,922 25,523 30,953 31,943 Total primary government expenses 120,688$ 141,396$ 147,937$ 155,625$ 151,695$ 153,865$ 153,426$ 133,196$ 158,825$ 153,241$ Program Revenues Governmental Activities Charges for Services General government 13,262$ 13,060$ 13,630$ 12,639$ 13,348$ 13,087$ 12,796$ 9,219$ 9,478$ 8,917$ Culture and Recreation 3,731 4,310 4,353 4,521 4,637 4,902 5,265 4,587 9,934 5,236 Other activities 9,253 10,293 8,779 14,518 10,289 7,946 9,377 8,523 11,349 12,179 Operating grants and contributions 3,713 3,441 3,679 5,982 5,117 5,898 9,851 9,861 13,453 10,102 Total governmental activities program revenues 30,171 32,231 30,626 37,778 33,504 35,870 45,315 36,131 46,231 39,390 Business-type Activities Charges for Services Water 13,187 13,961 12,639 13,239 13,685 12,694 13,738 12,369 14,967 14,658 Sewer 14,913 16,077 14,394 14,239 13,774 13,243 13,393 11,377 14,115 13,510 Sherman garage - - 779 1,950 - - - - - - Solid Waste - - - - - - - 2,900 3,490 3,651 Motor vehicle parking system 3,011 2,965 3,059 3,084 6,719 6,772 5,987 4,928 6,663 6,255 Maple avenue garage fund 1,512 1,622 1,417 1,430 - - - - - - Operating grants and contributions - - - - - - - - 395 939 Total Business-type activities program revenues 32,623 34,625 32,288 33,941 34,178 32,709 33,118 31,574 39,630 39,013 Total primary government program revenues 62,794$ 66,856$ 62,914$ 71,719$ 67,682$ 68,579$ 78,433$ 67,705$ 85,861$ 78,403$ Net (expense)/revenue Governmental activities (65,635) (85,186) (91,459) (90,852) (91,178) (91,242) (82,189) (71,542) (81,641) (81,908) Business-type Activities 7,741 10,646 6,436 6,945 7,166 5,956 7,196 6,051 8,677 7,070 Total Primary Government net expense (57,894) (74,540) (85,023) (83,906) (84,012) (85,286) (74,993) (65,491) (72,964) (74,838) General Revenues and Other Changes in Net Position Governmental Activities Taxes Property taxes 79,715$ 89,810$ 61,983$ 46,947$ 56,217$ 58,839$ 47,040$ 33,399$ 47,874$ 46,349$ Sales taxes 345 - 14,387 16,172 15,500 14,880 15,577 13,495 15,888 16,965 Investment earnings 1,547 2,997 3,752 3,653 360 721 557 32 398 79 Miscellaneous 4,996 1,412 17,287 25,799 26,684 24,601 27,501 21,244 25,348 27,369 Transfers (1,244) (4,277) (616) (5,116) (9,469) (13,700) (99) (8,180) (4,926) (2,586) Total governmental activities 85,359 89,942 96,793 87,455 89,292 85,341 90,576 59,990 84,582 88,176 Business-type Activities Investment earnings 380 896 1,344 1,287 606 87 23 16 34 33 Miscellaneous - - - - (28) - - - - (61) Transfers 1,244 4,277 616 5,116 9,469 13,700 99 8,180 4,926 2,586 Total business-type Activities 1,624 5,173 1,960 6,403 10,047 13,787 122 8,196 4,960 2,558 Changes in Net Position Governmental Activities 19,724$ 4,756$ 5,334$ (3,397)$ (1,886)$ (5,901)$ 8,387$ (11,552)$ 2,941$ 6,268$ Business-type Activities 9,365 15,819 8,396 13,348 17,212 19,743 7,318 14,247 13,637 9,628 Total primary government 29,089$ 20,575$ 13,730$ 9,951$ 15,326$ 13,842$ 15,705$ 2,695$ 16,578$ 15,896$ Ten months ended December 31, 2011 Source: City Finance Division * * -167-247 of 728 CITY OF EVANSTON, ILLINOISFund Balances, Governmental FundsLast Ten Fiscal Years(modified accrual basis of accounting)(amounts expressed in thousands)Fiscal Year2/28/20052/28/20062/28/20072/29/20082/28/20092/28/20102/28/201112/31/201112/31/201212/31/2013General FundReserved 7,948$ 6,027$ 1,327$ 1,108$ 1,275$ 1,585$ 1,995$ -$ -$ -$ Unreserved 15,209 18,804 24,866 24,840 19,752 18,603 20,009 - - - Assigned- - - - - - - 7,590 6,848 6,362 Unassigned- - - - - - - 10,803 10,186 10,001 Total general fund23,157$ 24,831$ 26,193$ 25,948$ 21,027$ 20,188$ 22,004$ 18,393$ 17,034$ 16,363$ All Other Governmental FundsReserved 30,761$ 33,937$ 31,741$ 29,739$ 31,757$ 28,953$ 28,738$ -$ -$ -$ Unreserved, reported in Special revenue funds 5,249 5,171 5,587 6,649 10,356 10,807 10,907 - - - Capital Projects Funds49,476 31,696 23,965 25,620 20,899 9,276 9,665 - - - Nonspendable- - - - - - - 1,419 - 407 Restricted- - - - - - - 32,353 32,431 25,359 Committed- - - - - - - 806 2,150 3,507 Assigned- - - - - - - 10,074 5,307 8,372 Unassigned- - - - - - - (175) 1,105 (149) Total all other governmental funds85,486$ 70,804$ 61,293$ 62,008$ 63,012$ 49,036$ 49,310$ 44,477$ 40,993$ 37,496$ Notes: 1. Fund balances for debt service have been included in the reserved amounts.2. Starting fiscal year ending December 31, 2011, financials are presented per the new reporting standards of GASB 54. Source: City Finance Division-168-248 of 728 CITY OF EVANSTON, ILLINOISChanges in Fund Balances, Governmental FundsLast Ten Fiscal Years(modified accrual basis of accounting)(amounts expressed in thousands)Fiscal Year Ended2/28/20052/28/20062/28/20072/29/20082/28/20092/28/20102/28/201112/31/201112/31/201212/31/2013RevenuesTaxes 66,744$ 75,661$ 77,137$ 75,767$ 84,035$ 84,726$ 73,559$ 56,466$ 79,331$ 78,254$ Licenses, fees and permits 6,773 9,164 8,061 10,276 8,820 7,279 8,661 6,776 10,470 10,617 Fines and penalties 3,999 3,781 4,029 4,660 4,442 4,151 4,003 3,280 3,470 3,449 Charges for services 6,053 6,905 7,167 7,732 8,399 8,680 9,786 6,283 7,763 7,723 Special Assessments 365 546 565 520 516 240 429 235 293 275 Intergovernmental 21,618 21,106 21,402 22,625 21,013 20,696 26,456 23,183 29,252 27,844 Investment Earnings 1,540 2,970 3,695 3,402 272 714 555 22 397 94 Other Revenues 9,451 5,812 5,578 5,116 4,679 4,642 6,390 4,133 2,915 1,906 Total Revenues116,543 125,945 127,634 130,098 132,176 131,128 129,839 100,378 133,891 130,162 ExpendituresGeneral Government 14,666 15,601 14,539 18,190 16,498 16,184 23,463 13,594 18,532 17,611 Public Safety36,323 39,094 39,690 42,466 49,999 48,970 50,352 42,140 54,611 56,431 Public Works12,070 13,242 14,282 18,868 18,913 16,062 14,053 7,574 9,380 11,982 Recreation and cultural opportunities 15,493 16,526 16,683 19,118 18,942 18,100 17,399 16,192 14,309 14,775 Health and Human Development5,801 4,566 5,850 4,982 4,546 4,760 4,541 3,588 3,200 3,601 Housing and Economic Development 6,717 6,646 7,683 7,089 6,963 9,120 11,345 11,999 19,095 11,305 Pensions1,372 4,628 5,645 - - - - - - - Capital Outlay18,208 42,087 18,986 12,416 8,209 7,960 7,112 5,832 8,523 5,948 Debt ServiceInterest5,027 5,857 6,927 5,128 5,143 4,953 4,878 4,384 5,175 4,996 Fiscal agent fees359 323 517 42 28 5 12 79 76 127 Principal7,885 7,690 11,530 10,815 9,885 7,524 7,650 10,106 13,055 34,259 Total governmental activities expenditure 123,921 156,260 142,332 139,114 139,126 133,638 140,805 115,488 145,956 161,035 Net (expense)/revenueGovernmental activities (7,378) (30,315) (14,698) (9,016) (6,950) (2,510) (10,966) (15,110) (12,065) (30,873) Proceeds from borrowing 25,724$ 31,332$ 24,916$ 31,444$ 24,340$ -$ 13,393$ 15,420$ 12,618$ 34,982$ Capitalized interest income - 355 - - 839 - 120 - - - Capitalized interest expense- (355) - - - - - - - - Escrow funding(11,886) (6,626) (14,368) (15,590) (13,280) - - - - - Transfers in6,020 7,032 6,529 8,975 5,927 11,019 5,727 5,839 9,271 8,182 Transfers (out)(15,062) (14,432) (10,528) (15,344) (14,794) (23,324) (6,184) (14,593) (14,668) (11,879) Total Other financing sources (uses)4,796 17,306 6,549 9,485 3,032 (12,305) 13,056 6,666 7,221 31,285 Net Changes in Fund Balance(2,582)$ (13,009)$ (8,149)$ 469$ (3,917)$ (14,815)$ 2,090$ (8,444)$ (4,844)$ 412$ Debt Service as a percentage ofnoncapital expenditures12.21% 11.87% 14.96% 12.58% 11.48% 9.93% 9.36% 13.29% 13.26% 25.31%Source: City Finance Division Ten months ended December 31, 2011Note: The largest own-source revenue is the poperty tax with a rate of 1.592% (for the city portion only) of Equalized Assessed Value (EAV) for the tax year 2011 . **-169-249 of 728 CITY OF EVANSTON, ILLINOISEqualized Assessed Value and Actual Value of Taxable PropertyLast Ten Fiscal Years LevyTotalTotal Total YearResidential FarmCommercial Industrial Railroad EqualizedActual TaxEnded PropertyPropertyPropertyPropertyPropertyAssessed ValueValueRate2003 1,221,970,442$ 16,895$ 435,093,531$ 69,669,560$ 397,456$ 1,727,147,884$ 5,181,443,652$ 1.698 2004 1,543,464,138 16,895 479,999,412 71,684,555 446,570 2,095,611,570 6,286,834,710 1.528 2005 1,680,183,692 16,895 500,330,397 61,756,603 465,435 2,242,753,022 6,728,259,066 1.491 2006 1,707,669,215 16,895 476,821,737 60,920,888 464,011 2,245,892,746 6,737,678,238 1.527 2007 2,149,123,958 16,895 560,536,782 62,154,048 508,346 2,772,340,029 8,317,020,087 1.283 2008 2,324,551,100 16,895 560,106,493 53,168,671 554,733 2,938,397,892 8,815,193,676 1.295 2009 2,564,394,619 15,956 615,808,511 125,104,411 665,872 3,305,989,369 9,917,968,107 1.204 2010 2,233,194,054 15,956 623,156,869 184,687,438 829,769 3,041,884,087 9,125,652,261 1.364 2011 2,100,690,657 15,956 513,880,731 111,899,205 881,024 2,727,367,573 8,182,102,719 1.591 2012 1,944,932,067 15,956 462,671,239 106,007,084 995,206 2,514,621,552 7,543,864,656 1.551 Note: Source: Cook County Assessor's officeProperty is reassessed once every three years. Equalized Assessed value is approximately 1/3 of actual value. Tax rates are per $100 of Equalized assessed value.-170-250 of 728 CITY OF EVANSTON, ILLINOISPrincipal Property TaxpayersCurrent year and Nine Years Ago2012 EAV2003 EAVPercentagePercentageTotal of Total City Total of Total CityEqualized Assessed Taxable Equalized Assessed TaxableTax PayerValue (EAV)RankEAVTax PayerValue (EAV)RankEAV Rotary International26,455,653$ 11.05%Golub & Company21,567,189$ 11.25%FSP 909 Davis Street22,446,966 20.89%Rotary International16,757,724 20.97%Lowe Enterprises20,116,557 30.80%REP CBRE15,849,992 30.92%Church Street Plaza17,212,299 40.65%Evanston NW Healthcare14,570,008 40.84%Inland15,813,891 50.48%Church Street Plaza12,754,867 50.74%Omni Orrington Hotel13,735,032 60.43%Evanston Plaza Freed11,696,568 60.68%Northshore Univ Health12,992,934 70.40%Albertson's (Jewel & Osco)11,566,292 70.67%TIAA Pk Evanston Inc11,422,707 80.40%Church & Chicago Ltd Partnership11,502,824 80.67%Evanston Hotel Assoc10,999,668 90.38%Evanston Hotel10,814,757 90.63%Cambridge Realty Cap10,786,782 10 0.43%Lynn Minnici10,778,529 10 0.62% Total161,982,490$ 6.44% Total137,858,750$ 7.98%Total EAV2,514,621,552$ Total EAV1,727,147,885$ Source: Cook County -171-251 of 728 CITY OF EVANSTON, ILLINOIS Property Tax Levies and Collections Last Ten Years Tax Taxes Levied Collected Receipts Collections Total Collected to Date Levy for the Percentage in Subsequent Percentage Year Fiscal Year Amount of Levy Years Amount of Levy 2004 32,100,657$ 30,991,234$ 96.54% 412,246$ 31,403,480$ 97.83% 2005 33,423,311 32,550,464 97.39% 613,876 33,164,340 99.23% 2006 34,399,146 33,249,612 96.66% 437,287 33,686,899 97.93% 2007 35,550,694 34,061,461 95.81% 400,850 34,462,311 96.94% 2008 38,044,671 36,246,629 95.27% 358,214 36,604,843 96.22% 2009 39,779,364 38,018,159 95.57% 464,506 38,482,665 96.74% 2010 41,479,398 39,412,004 95.02% 764,463 40,176,467 96.86% 2011 43,397,590 42,064,756 96.93% 348,189 42,412,945 97.73% 2012 43,330,121 41,776,375 96.41% 559,130 42,335,505 97.70% 2013 43,869,798 See Note See Note See Note See Note See Note Note: Levy Year 2013 is collected beyond fiscal year end 2013 through 12/31/14 Source: City Finance Division -172-252 of 728 CITY OF EVANSTON, ILLINOISRatio of General Bonded Debt Outstanding Last Ten Fiscal Years(2)NetGross (3) Net Net General(1) General Debt Debt Net Debt to Debt to ObligationFiscal Equalized Obligation Service Payable General Total Equalized Total BondedYear Assessed Bonded MoniesFrom OtherObligation Personal Assessed Personal DebtEnded Population Valuation Debt AvailableRevenuesDebt Income Valuation IncomePer Capita2/28/2005 74,239 1,727,147,885$ 187,110,000$ 6,678,359$ 106,935,000$ 73,496,641$ 2,775,350,776$ 4.26% 2.65% 990.00$ 2/28/2006 74,239 2,095,611,570 195,875,0006,551,304 110,212,500 79,111,196 2,902,967,617 3.78% 2.73% 1,065.63 2/28/2007 74,239 2,242,753,022 187,745,0006,504,507 96,780,000 84,460,493 2,902,967,617 3.77% 2.91% 1,137.68 2/29/2008 74,239 2,245,892,746 181,750,000 6,146,567 81,455,000 94,148,433 2,902,967,617 4.19% 3.24% 1,268.18 2/28/2009 74,239 2,772,340,029 171,945,001 7,317,930 62,079,183 102,547,888 2,902,967,617 3.70% 3.53% 1,381.32 2/28/2010 74,239 2,938,397,892 149,315,000 5,989,400 46,882,320 96,443,280 2,902,967,617 3.28% 3.32% 1,299.09 2/28/2011 74,486 3,305,989,369 151,695,000 5,309,064 50,097,260 96,288,676 3,157,759,484 2.91% 3.05% 1,292.71 12/31/2011 74,486 3,041,884,087 155,855,000 2,629,020 47,111,060 106,114,920 3,197,311,550 3.49% 3.32% 1,424.63 12/31/2012 74,486 2,727,367,573 152,644,999 16,085,747 44,899,176 91,660,076 3,176,902,386 3.36% 2.89% 1,230.57 12/31/2013 74,619 2,514,621,552 149,534,997 12,520,761 40,042,921 96,971,315 3,113,477,775 3.86% 3.11% 1,299.55 Notes: (1)(2) Excludes limited purpose special service district bonds.(3)Source: Cook County and City Finance DivisionThese amounts include the general obligation bonds that are being repaid from the Water Fund, Solid Waste Fund, Sewer Fund, Motor Vehicle Parking System Fund, Howard Hartrey TaxIncrement Tax District Fund, Washington National Tax Increment Tax District Fund, and Special Assessment fund.Equalized assessed values do not include tax increment financing district incremental equalized assessed values.-173-253 of 728 CITY OF EVANSTON, ILLINOISRatio of Outstanding Debt by TypeLast Ten Fiscal YearsFiscal General Special General Water Total Percentage (1)Year Obligation Service District Obligation Revenue IEPA Primary of Personal Per EndedBondsBonds Capital LeaseBondsBondsLoansGovernmentIncomeCapita2/28/2005 143,455,000$ 3,590,000$ -$ 43,655,000$ 4,575,000$ 102,200,011$ 297,475,011$ 10.72% 4,007$ 2/28/2006 158,490,000 3,335,000 - 37,385,000 3,710,000 101,400,675 304,320,675 10.48% 4,099 2/28/2007 110,920,000 3,070,000 - 76,825,000 3,240,000 99,490,921 293,545,921 10.11% 3,954 2/29/2008 115,220,000 2,785,000 - 66,530,000 2,755,000 103,410,887 290,700,887 10.01% 3,916 2/28/2009 115,961,136 2,165,000 1,035,370 55,983,865 2,245,000 101,775,223 279,165,594 9.62% 3,760 2/28/2010 109,078,880 2,155,000 708,552 40,236,120 1,720,000 95,370,544 249,269,096 8.59% 3,358 2/28/2011 115,482,439 1,840,000 363,759 36,212,561 1,170,000 87,059,150 242,127,909 7.67% 3,251 12/31/2011 120,739,206 1,840,000 - 35,115,794 1,170,000 79,081,272 237,946,272 7.44% 3,195 12/31/2012 119,423,742 1,515,000 - 33,221,257 595,000 70,375,368 225,130,367 7.04% 3,022 12/31/2013 119,123,639 1,175,000 - 30,411,358 305,000 64,658,382 215,673,379 6.93% 2,890 Notes: Source: Source: City Finance Division(1)Details regarding the city's outstanding debt can be found in the notes to the financial statements.Governmental ActivitiesBusiness- Type Activities(2) See the Schedule of Demographics and Economic Statistics on page XXX for personal income and population data.-174-254 of 728 Percentage of Debt City of Applicable Evanston's Total to City of Share of Debt Outstanding Evanston (1) Direct debt - bonds, notes, and contracts outstanding 120,298,639$ 100.00% 120,298,639$ Other bonded debt County of Cook 3,616,435,000$ 1.85% 66,688,534$ Cook County Forest Preserve District 131,500,000 1.85% 2,499,788 Metropolitan Water Reclamation District 2,185,397,538 1.88% 42,002,953 Community College District 535 23,510,000 11.63% 3,222,494 High School District 202 15,907,183 90.11% 18,229,639 School District 65 69,326,112 90.11% 71,414,684 Skokie Park District 6,675,000 0.65% 91,271 Total Overlapping Debt 6,048,750,833$ 204,149,364$ 6,169,049,472$ 324,448,003$ Note: Overlapping debt calculated based on the pro rata EAV. Source: Cook County CITY OF EVANSTON, ILLINOIS Direct and Overlapping Governmental Activities As of December 31, 2013 -175-255 of 728 CITY OF EVANSTON, ILLINOIS Pledged-Revenue Coverage Last Ten Fiscal Years Water Revenue Bonds Utility Less: Net Fiscal Year Service Operating Available Debt Service Ended Charges Expenses Resources Principal Interest Coverage 2/28/2005 13,338,642$ 6,395,231$ 6,943,411$ 805,000$ 206,575$ 6.86 2/28/2006 14,380,966 6,705,865 7,675,101 865,000 177,355 7.36 2/28/2007 13,196,942 6,900,063 6,296,879 470,000 145,088 10.24 2/29/2008 13,787,014 7,138,056 6,648,958 485,000 128,713 10.83 2/28/2009 13,878,833 7,866,909 6,011,924 510,000 110,913 9.68 2/28/2010 12,742,603 7,756,760 4,985,843 525,000 91,556 8.09 2/28/2011 13,752,681 7,191,577 6,561,104 550,000 71,269 10.56 12/31/2011 12,368,533 6,146,652 6,221,881 - 24,672 252.18 12/31/2012 14,967,204 8,430,599 6,536,605 575,000 37,687 10.67 12/31/2013 14,657,748 8,175,707 6,482,041 290,000 19,688 20.93 Note: Ten months ended December 31, 2011 Source: Various City departments Detail regarding the city's outstanding debt can be found in the notes to the financial statements. Operating expenses do not include interest, depreciation, or amortization expense. * * -176-256 of 728 CITY OF EVANSTON, ILLINOIS Demographic and Economic Statistics Last Ten Years Per Education Total Capita % of population Calendar Personal Personal Median with HS Diploma School Unemployment Year Population Income Income Age or Higher Enrollment Rate 2004 74,239 2,694,578,744$ 36,296$ 32.5 91.3%9,849 5.0% 2005 74,239 2,775,350,776 37,384 32.5 94.0%9,740 5.0% 2006 74,239 2,902,967,617 39,103 32.5 94.0%9,550 4.5% 2007 74,239 2,902,967,617 39,103 32.5 94.0%9,550 4.4% 2008 74,239 2,902,967,617 39,103 32.5 94.0%9,550 4.6% 2009 74,239 2,902,967,617 39,103 32.5 94.0%9,550 4.7% 2010 74,486 3,157,759,484 42,394 34.3 94.0%9,550 7.9% 2011 74,486 3,197,311,550 42,925 34.3 94.0%11,369 7.3% 2012 74,486 3,176,902,386 42,651 35.1 93.6%11,418 6.8% 2013 74,619 3,113,477,775 41,725 34.4 93.9%10,293 6.7% Source: Various Government agencies -177-257 of 728 CITY OF EVANSTON, ILLINOISPrincipal EmployersCurrent Year and Nine Years AgoEmployerEmployees%RankEmployerEmployees%RankNorthwestern University9,471 48% 1 Northwestern University5,600 39% 1Northshore University Healthcare 3,727 19% 2 Evanston Northwestern Healthcare 3,000 21% 2Evanston School District 65 1,599 8% 3 St. Francis Hospital 1,870 13% 3St. Francis Hospital 1,272 6% 4 Evanston School District 65 1,100 8% 4City of Evanston 918 5% 5 City of Evanston 891 6% 5Presbyterian Homes/McGaw Care 602 3% 6 Evanston Township High School 550 4% 6Rotary International 535 3% 7 Presbyterian Homes/McGaw Care 500 3% 7School district 202 520 3% 8 Rotary International400 3% 8C.E. Neihoff & Co.480 2% 9 Solucient275 2% 9Mather Lifeways450 2% 10 C.E. Neihoff & Co.190 1% 10Total19,574 Orrington Hotel14,376 Source: City Economic Development Division 2013 2004-178-258 of 728 CITY OF EVANSTON, ILLINOISFull-time Equivalent City Government Employees by FunctionLast Ten Fiscal YearsFiscal Year Ended2/28/20052/28/20062/28/20072/29/20082/28/20092/28/20102/28/201112/31/201112/31/201212/31/2013Function/ProgramGeneral GovernmentCity Clerk 2.00 2.00 2.00 2.00 2.00 2.00 2.00 3.00 2.80 2.20 City Manager's Office7.25 7.25 7.25 13.70 31.53 27.70 22.00 8.00 12.00 12.00 MBIS / IT22.80 24.80 23.80 25.50 - - 13.00 12.00 11.50 9.00 Legal7.00 7.00 7.00 7.00 6.00 7.00 7.00 7.00 8.00 Human Resources7.00 7.00 8.00 8.00 8.00 8.00 5.00 5.00 7.50 8.00 Finance24.50 26.50 25.50 26.50 29.50 28.50 19.50 19.00 17.10 17.00 Parking Systems- - - - - - 13.00 12.00 12.00 9.00 Facilities Management23.10 21.10 21.20 - - - - 19.00 20.20 16.00 Community Development36.00 36.00 36.00 35.00 33.00 28.00 27.00 27.00 24.00 Community College District 535Police217.50 219.50 221.75 220.75 220.75 218.50 219.00 222.00 225.00 220.00 Fire109.00 110.00 111.00 111.00 112.00 111.00 107.00 108.00 110.00 106.00 Human & Health Services39.30 39.30 40.15 29.68 24.90 26.40 15.90 17.00 17.70 20.00 Public Works90.25 91.25 90.25 108.45 105.45 83.25 58.80 49.00 49.25 97.00 Human Relations4.00 4.00 4.00 - - - - - - Library66.65 67.18 67.19 66.69 69.35 67.50 52.00 52.00 56.38 63.00 Recreation, Parks & Forestry119.20 121.30 119.90 115.90 112.75 131.75 132.00 105.00 105.21 69.00 Total General Government732.55 784.18 784.99 771.17 758.23 743.60 694.20 665.00 680.64 680.20 Neighborhood Stabilization Program- - - - - - 1.00 1.00 2.00 1.00 Emergency Telephone System4.00 4.00 4.00 4.00 4.00 5.00 5.00 5.00 5.00 4.00 CDBG 2.00 2.00 2.00 2.00 2.00 2.00 2.00 3.00 1.53 3.00 Economic Development Fund1.45 1.45 1.45 1.30 2.30 2.30 5.00 6.00 7.00 5.00 Downtown II TIF Fund- - 1.00 - - - - - - Capital Improvements Fund- - - - - - 1.00 - - Maple Ave. Garage- 1.00 1.00 1.00 1.00 - - - - Parking Fund13.00 14.00 14.50 14.50 14.50 15.50 14.00 15.00 15.50 15.50 Sewer14.00 13.50 14.00 14.00 14.00 14.00 12.00 11.00 13.00 11.00 Solid Waste- - - - - - - 6.00 10.00 8.00 Fleet Services17.00 17.00 17.00 15.00 15.00 15.00 11.00 12.00 12.00 10.00 Insurance Fund1.30 1.30 1.30 1.00 2.00 2.00 3.00 4.00 4.00 4.00 Total Other Functions95.75 97.25 99.25 95.80 97.80 98.80 95.00 103.00 112.53 101.50 Total All Funds828.30 881.43 884.24 866.97 856.03 842.40 789.20 768.00 793.17 781.70 Source: City of Evanston HR Division-179-259 of 728 CITY OF EVANSTON, ILLINOISProperty Tax Rates per $100 - Direct and Overlapping GovernmentsLast Ten Levy YearsTax Levy Year2003200420052006200720082009201020112012City of Evanston1.698 1.528 1.491 1.527 1.283 1.295 1.204 1.365 1.592 1.551 Consolidated Elections0.029 - 0.014 - 0.012 - 0.021 - 0.025 - Cook County0.630 0.593 0.533 0.500 0.446 0.415 0.394 0.423 0.462 0.531 Cook County Forest Preserve District0.059 0.060 0.060 0.057 0.053 0.051 0.049 0.051 0.058 0.063 Suburban T.B. Sanitarium0.004 0.001 0.005 0.005 - - - - - - Metropolitan Water Reclamation District0.361 0.347 0.315 0.284 0.263 0.252 0.261 0.274 0.320 0.370 North Shore Mosquito Abatement District0.009 0.008 0.008 0.009 0.008 0.008 0.008 0.009 0.010 0.010 Evanston Township0.065 0.056 0.055 0.058 0.050 0.050 0.042 0.046 0.050 0.048 Community College 5350.186 0.161 0.158 0.166 0.141 0.140 0.140 0.160 0.196 0.219 School District 2022.444 2.078 2.023 2.099 1.750 1.722 1.616 1.819 2.061 2.308 School District 653.475 2.978 2.890 3.045 2.535 2.552 2.401 2.655 2.818 3.149 Total tax rate for property not in park districtor special service district8.960 7.810 7.552 7.750 6.541 6.485 6.136 6.802 7.592 8.249 Percent of total tax rate levied by City of Evanston19.0% 19.6% 19.7% 19.7% 19.6% 20.0% 19.6% 20.1% 21.0% 18.8%Source: Cook County Assessor's officeGovernment Unit-180-260 of 728 CITY OF EVANSTON, ILLINOISWater Sold by Type of CustomerLast Ten Fiscal Years(in 100 cubic feet)Fiscal Year Ended2/28/20052/28/20062/28/20072/29/20082/28/20092/28/20102/28/201112/31/201112/31/201212/31/2013Type of CustomerResidential 2,506,887 2,720,807 2,388,360 2,375,942 2,260,284 2,174,255 2,187,244 1,804,433 2,276,492 2,189,588 Industrial 22,010 20,096 16,307 16,579 15,722 13,624 14,195 11,552 14,758 12,392 Commercial 1,318,236 1,278,334 1,240,591 1,193,241 1,109,556 1,153,949 928,621 1,117,431 1,105,077 Government 86,096 109,121 96,777 100,278 89,420 69,229 75,308 50,129 66,561 61,908 Total 3,933,229 2,850,024 3,779,778 3,733,390 3,558,667 3,366,664 3,430,696 2,794,735 3,475,242 3,368,965 Total direct rate per 100 cubic feet1.47$ 1.47$ 1.47$ 1.52$ 1.52$ 1.52$ 1.52$ 1.52$ 1.75$ 1.80$ Source: City Water department-181-261 of 728 CITY OF EVANSTON, ILLINOISWater Sold by Major CustomersLast Ten Fiscal YearsFiscal Year Ended2/28/20052/28/20062/28/20072/29/20082/28/20092/28/20102/28/201112/31/201112/31/201212/31/2013Type of CustomerEvanston residents/businesses 6,559,026$ 6,706,644$ 5,804,517$ 6,012,643$ 5,430,019$ 5,396,739$ 5,377,297$ 4,719,084$ 6,124,221$ 5,915,560$ Village of Skokie 2,802,720 3,018,734 2,891,834 3,158,396 2,689,304 2,676,163 2,885,096 2,304,066 2,989,109 2,772,424 Northwest Water Commission 3,377,407 3,750,200 3,497,989 3,620,878 4,820,074 4,506,066 4,781,645 3,710,581 5,033,996 5,183,425 Total $12,739,153 $13,475,578 $12,194,340 12,791,917$ 12,939,397$ 12,578,968$ 13,044,038$ 10,733,731$ 14,147,326$ 13,871,409$ Source: City Water department-182-262 of 728 CITY OF EVANSTON, ILLINOISOperating Indicators by Function/ProgramsLast Ten YearsCalendar Year2004200520062007200820092010201120122013Function/ProgramPoliceViolent Offenses 266 226 224 282 299 255 214 180 230 131 Property Offenses2,965 2,942 2,825 2,739 2,412 2,119 2,144 2078 1,980 911 Calls Received56,650 56,650 55,795 59,135 56,717 52,198 35,991 51,969 44875 42,551 FireEmergency responses7,624 8,135 8,173 8,517 9,134 8,566 8,917 9,063 9330 9373Fires extinguished199 287 220 192 185 154 157 157 154 129Inspections1,496 1,320 1,050 1,810 709 680 620 640 660Other Public WorksStreet resurfacing (estimated miles)3.3 3.3 3.3 3.3 3.3 3.3 3.4 3.4 3.4 3.4Parks and RecreationAthletic field usage (hours)unavailable unavailable 15,561 15,165 17,121 16,185 18,966 20,075 16761 16367Picnic permits issuedunavailable unavailable 319 373 403 431 460 437 541 445Library Volumes in collection520,458 486,031 495,575 458,017 502,019 502,019 471,262 436,382 426,342 400,034 Total volumes borrowed880,561 893,841 897,141 867,743 945,952 945,952 951,667 891,769 989,638 1,056,243 WaterNew connections59 74 104 61 57 28 29 16 40Water main breaks45 78 48 36 52 52 38 28 6651Average daily consumption (millions of gallons)37.31 41.44 41.41 42.91 40.09 39.41 38.91 38.39 39.85 35.81Peak daily consumption (millions of gallons)60.98 80.46 66.49 66.00 65.40 58.94 57.02 65.95 69.21 56.95Note: Indicators are not available for general government functionsSource: Various City departments-183-263 of 728 CITY OF EVANSTON, ILLINOISCapital Assets Statistics by FunctionLast Ten YearsCalendar Year2004200520062007200820092010201120122013Function/ProgramPoliceNumber of Stations 1 1 1 1 1 1 1 1 1 1Budgeted Sworn Officers161 162 162 165 165 164 164 164 164Fire Stations5 5 5 5 5 5 5 5 5 5 Other Public WorksStreets (miles)147 147 147 147 147 147 147 147 147 147Streetlights5,641 5,641 5,641 5,641 5,641 5,641 5,641 5,641 5641 5641Parks and RecreationAcreage290 290 290 290 290 290 290 290 290 290Playgrounds51 51 51 51 51 51 51 51 51 51Baseball/softball diamonds18 18 18 18 18 18 18 18 18 18Soccer/football fields27 27 27 27 27 27 27 27 27 27Community centers5 5 5 5 5 5 5 5 5 5WaterWater mains (miles)159 159 159 157 157 157 157 157 157 157Fire hydrants1347 1347 1347 1370 1370 1399 1399 1399 1399 1399Storage capacity (millions of gallons)22 22 22 22 22 22 22 22 22 22Note: No capital asset indicators are available for the general government or library functionSource: Various City departments-184-264 of 728 TAX INCREMENT FINANCING DISTRICT REQUIREMENTS -185-265 of 728 �AKER TILLY Baker Tilly Virchow Krause, LLP 130 I W 22nd St, Ste 400 Oak Brook, IL 60523-3389 tel630 990 3131 fax 630 990 0039 bakertilly.com INDEPENDENT ACCOUNTANTS' REPORT ON COMPLIANCE To the Honorable Elizabeth B. Tisdahl, Mayor and Members of the City Council Evanston, Illinois We have audited the basic financial statements of the City of Evanston, Illinois, as of and for the year ended December 31, 2013, and have issued our report thereon dated July 2, 2014. We conducted our audit in accordance with auditing standards generally accepted in the United States of America. Compliance with laws, regulations, contracts and grants applicable to the City of Evanston is the responsibility of the City of Evanston's management. As part of obtaining reasonable assurance about whether the financial statements are free of material misstatements, we performed tests of the City of Evanston's compliance with provisions in Subsection (q) of Section 11-74.4-3 of Public Act 85-1142, "An Act in Relation to Tax Increment Financing", noncompliance with which could have a direct and material effect on the determination of the financial statement amounts. However, providing an opinion on compliance with those provisions was not an objective of our audit, and accordingly, we do not express such an opinion. The results of our tests disclosed no instances of noncompliance. This report is intended solely for the information and use of the City Council, management, the State of Illinois, and others within the City and is not intended to be, and should not be, used by anyone other than the specified �:l� Oak Brook, 1111& July 2, 2014 � In IIII!UIPdt.nl /OUitlltr Ol BAKER TILLY INTERNATIONAL -186-266 of 728 CITY OF EVANSTON , ILLINOIS COMMUNICATION TO THOSE CHARGED WITH GOVERNANCE AND MANAGEMENT As of and for the Year Ended December 31, 2013 267 of 728 CITY OF EVANSTON, ILLINOIS TABLE OF CONTENTS Page No. Required Communication of Internal Control Related Matters Identified in the Audit to Those Charged with Governance 1 Material Weaknesses 2 - 3 Significant Deficiencies 4 - 5 Other Communications with Those Charged with Governance Two Way Communication Regarding Your Audit 6 - 7 Communication of Recommendations and Informational Points to Management that are not Material Weaknesses or Significant Deficiencies Recommendation 8 Informational Points 9 - 10 Required Communications by the Auditor with Those Charged with Governance 11 - 14 Summary of Uncorrected Financial Statement Misstatements Management Representations 268 of 728 REQUIRED COMMUNICATION OF INTERNAL CONTROL RELATED MATTERS IDENTIFIED IN THE AUDIT TO THOSE CHARGED WITH GOVERNANCE 269 of 728 To the Honorable Elizabeth B. Tisdahl, Mayor and Members of the City Council City of Evanston, Illinois � BAKER TILLY Baker Tilly Virchow Krouse, LLP 1301 \Xf 22nd Sr, Ste 400 Oak Brook, IL 60523-3389 rel630 990 3131 fax 630 990 0039 bakcrrilly.com In planning and performing our audit of the financial statements of the City of Evanston as of and for the year ended December 31, 2013, in accordance with auditing standards generally accepted in the United States of America, we considered its internal control over financial reporting (internal control) as a basis for designing our auditing procedures that are appropriate in the circumstances for the purpose of expressing our opinions on the financial statements, but not for the purpose of expressing an opinion on the effectiveness of its internal control. Accordingly, we do not express an opinion on the effectiveness of its internal control. Our consideration of internal control was for the limited purpose described in the preceding paragraph and was not designed to identify all deficiencies in internal control that might be material weaknesses or significant deficiencies and, therefore, material weaknesses or significant deficiencies may exist that were not identified. However, as discussed below, we identified certain deficiencies in internal control that we consider to be material weaknesses and other deficiencies that we consider to be significant deficiencies. A deficiency in internal control exists when the design or operation of a control does not allow management or employees, in the normal course of performing their assigned functions, to prevent, or detect and correct misstatements on a timely basis. A material weakness is a deficiency or combination of deficiencies in internal control, such that there is a reasonable possibility that a material misstatement of the entity's financial statements will not be prevented, or detected and corrected, on a timely basis. We consider the following deficiencies in the City's internal control to be material weaknesses: > Journal Entries > External Financial Reporting A significant deficiency is a deficiency, or a combination of deficiencies, in internal control that is less severe than a material weakness, yet important enough to merit attention by those charged with governance. We consider the following deficiencies in the City's internal control to be significant deficiencies: > Information Technology > Cash Receipts Controls The City of Evanston's written responses to the material weakness and significant deficiencies identified in our audit have not been subjected to the auditing procedures applied in the audit of the financial statements and, accordingly, we express no opinion on them. This communication is intended solely for the information and use of management, those charged with governance, and others within the organization and is not intended to be, and should not be, used by anyone E lz �� speci\iX �� uf Oak Brook, lllino� July 2, 2014 �anlndependcnlmemberol BAKER TILLY INTERNATIONAl Page 1 An Affirmative Action Eqttal Opportuni[}' EmpJoyer 270 of 728 Page 2 MATERIAL WEAKNESSES JOURNAL ENTRIES The ability to prepare and initiate journal entries is delegated to various levels of finance employees. These entries do not post to the system until the Accounting Manager reviews and approves them. However, there is no review and approval of journal entries initiated and recorded by the Accounting Manager. An entry could be made or improperly supported without the City’s knowledge. CITY RESPONSE: The City believes there are adequate controls in place for journal entry management. It is not common for organizations to have several steps in journal entry review and is much more acceptable to have entries done by one staff member and reviewed by the manager. To make the process more efficient, most of the journals are now entered by one of the accountants and approved by the Accounting Manager with the exception of very few journals as a result of budget/Audit compliance or directives from CFO. EXTERNAL FINANCIAL REPORTING The system of internal controls over financial reporting is addressed by auditing standards. In theory, a good system of internal controls staffed with enough people with enough training would provide your organization with the ability to not only process and record monthly transactions, but also to prepare a complete set of annual financial statements. The current standard makes it clear that the definition of a material weakness in internal control should now include consideration of the year-end financial reporting process. To avoid the auditor reporting a material weakness in internal controls, your system of controls would need to be able to accomplish the following: 1. Present the books and records to the auditor in such a condition that the auditor is not able to identify any material journal entries for the current or prior periods as a result of our audit procedures. This is very rare indeed for most of our clients. 2. Prepare a complete set of year-end financial statements with a very high level of accuracy. The current standard requires that the level of accuracy be such that there is only a remote likelihood that the auditor discovers a material change to the statements or footnotes. While a number of our clients prepare their own statements, it may not be cost beneficial to scrutinize those statements internally to the same degree that the auditor will do later. If the auditor, therefore, discovers a material change to the statements, by definition, the system of internal controls over financial reporting must have a material weakness. To accomplish such a high level of internal control over financial reporting is a difficult task for most governments. During the course of our audit, it was discovered that receivables and revenue in the Sewer Fund were materially misstated resulting in audit adjusting entries prepared by the City. The adjustments to the financial statements increased reimbursement receivable and revenue by $860,353. This entry was necessary to ensure that the financial statements are fairly stated and, in our judgment, was material to the financial statements. Management subsequently recorded these amounts. As noted above, the design and implementation of internal controls over financial reporting are the responsibility of the City as emphasized in Statement of Auditing Standards statement No. 115, Communicating Internal Control Related Matters in an Audit. We have observed that the improper design and implementation of controls (a complete and documented review of subsequent transactions for proper inclusion/exclusion in the current year financial statements) is normally a constraint of cost containment and lack of staffing available to public entities. 271 of 728 Page 3 MATERIAL WEAKNESSES (cont.) CITY RESPONSE: The City received the above payment from MWRD in the month of March 2014. As the MWRD didn’t make the final acceptance (for payment) until 2014, the finance staff reported the funds as Grant revenue in the current fiscal year. The Auditors felt that since the grant was a reimbursement for work done last summer, it should be reported as revenue in the FY2013. 272 of 728 Page 4 SIGNIFICANT DEFICIENCIES INFORMATION TECHNOLOGY As part of the audit, we were required to identify the processes in place that provide a controlled information technology (IT) environment for the applications, supporting systems and infrastructure determined to be critical to the financial statement audit. We documented the processes in place for each of the three main areas of focus: change management, logical access and IT operations. We then assessed the design effectiveness of each of these processes and noted the following opportunities to strengthen the City’s IT controls. The City has some logical restrictions in place, such as requiring a unique user ID and password to access the systems. Through our discussions with the City and related observations, we noted that the Network password login from the active directory requires eight characters and is changed every 90 days; password complexity is required and the system remembers the last five passwords. Some of the City’s software systems such as AQUAS and PAL also follow these password criteria. Other of the City’s software systems such as CryWolf, JDE and RecTrac require passwords; however they are not in line with recommended password complexity standards. Best practices indicate that other steps could be taken to further ensure the integrity of the data. All passwords should be changed periodically. They should also meet the industry standards for length, expiration, characters, and history (passwords cannot be repeated). However, we understand that purchased software cannot always be modified in order to strengthen password complexity requirements. CITY RESPONSE – Provided by Information Technology (IT): The City has purchased and is in the process of completing the implementation of a new financial system to replace JDE. This new software, New World Systems, is active-directory integrated and utilizes user’s Windows credentials. This login requires eight characters, is changed every 90 days, password complexity requirements, and remembers the last five passwords. Aquas and PAL (Accela) are also active-directory integrated. RecTrac is not active-directory integrated, but does not allow the reuse of previous 5 password, has password complexity requirements, and must change every 90-days. The City will evaluate if active-directory integration is possible for this and all third-party systems. CASH RECEIPTS CONTROLS In an optimal internal control environment, certain control processes and segregation of duties would exist in order to prevent a misstatement of financial information. This is accomplished when no single person can initiate, record, and control distribution of a single transaction or series of transactions. In some instances, the personnel constraints of many organizations do not always allow for ideal segregation of duties. However, it is our responsibility as auditors to communicate this deficiency. During the course of our audit, we noted that the Operations Coordinator in the Collector’s Office is responsible for reconciling daily cash receipts collected by the cashiers, preparing the deposit for pickup by Garda, and sending the batch receipts to the City’s accounting department for posting. However, the Operations Coordinator still has the ability to post entries in the accounting system. This presents a risk of the misappropriation of cash receipts to be concealed within the accounting system. We recommend that a second individual review the amount prepared for deposit in comparison to the original cash register reports and amounts posted to the general ledger for accuracy. 273 of 728 Page 5 SIGNIFICANT DEFICIENCIES (cont.) CITY RESPONSE: Since 2011, Accounting Division has been posting batches prepared by Operations Coordinator. With the implementation of New World Systems in 2014, Operation Coordinator has no ability to post the batches in the Accounting System. 274 of 728 OTHER COMMUNICATIONS WITH THOSE CHARGED WITH GOVERNANCE 275 of 728 Page 6 TWO WAY COMMUNICATION REGARDING YOUR AUDIT (SAS) NO. 114 The Auditor’s Communication With Those Charged with Governance As part of our audit of your financial statements, we are providing communications to you throughout the audit process. Auditing requirements provide for two-way communication and are important in assisting the auditor and you with more information relevant to the audit. As this past audit is concluded, we use what we have learned to begin the planning process for next year’s audit. It is important that you understand the following points about the scope and timing of our next audit: a. We address the significant risks of material misstatement, whether due to fraud or error, through our detailed audit procedures. b. We will obtain an understanding of the five components of internal control sufficient to assess the risk of material misstatement of the financial statements whether due to error or fraud, and to design the nature, timing, and extent of further audit procedures. We will obtain a sufficient understanding by performing risk assessment procedures to evaluate the design of controls relevant to an audit of financial statements and to determine whether they have been implemented. We will use such knowledge to: > Identify types of potential misstatements. > Consider factors that affect the risks of material misstatement. > Design tests of controls, when applicable, and substantive procedures. We will not express an opinion on the effectiveness of internal control over financial reporting or compliance with laws, regulations, and provisions of contracts or grant programs. For audits done in accordance with Government Auditing Standards, our report will include a paragraph that states that the purpose of the report is solely to describe (a) the scope of testing of internal control over financial reporting and compliance and the result of that testing and not to provide an opinion on the effectiveness of internal control over financial reporting or on compliance, (b) the scope of testing internal control over compliance for major programs and major program compliance and the result of that testing and to provide an opinion on compliance but not to provide an opinion on the effectiveness of internal control over compliance and, (c) that the report is an integral part of an audit performed in accordance with Government Auditing Standards in considering internal control over financial reporting and compliance. The paragraph will also state that the report is not suitable for any other purpose. c. The concept of materiality recognizes that some matters, either individually or in the aggregate, are important for fair presentation of financial statements in conformity with generally accepted accounting principles while other matters are not important. In performing the audit, we are concerned with matters that, either individually or in the aggregate, could be material to the financial statements. Our responsibility is to plan and perform the audit to obtain reasonable assurance that material misstatements, whether caused by errors or fraud, are detected. d. Your financial statements contain components, as defined by auditing standards generally accepted in the United States of America, which we also audit. We are very interested in your views regarding certain matters. Those matters are listed here: a. We typically will communicate with your top level of management unless you tell us otherwise. b. We understand that the City Council has the responsibility to oversee the strategic direction of your organization, as well as the overall accountability of the entity. Management has the responsibility for achieving the objectives of the entity. c. We need to know your views about your organization’s objectives and strategies, and the related business risks that may result in material misstatements. 276 of 728 Page 7 TWO WAY COMMUNICATION REGARDING YOUR AUDIT (cont.) d. Which matters do you consider warrant particular attention during the audit, and are there any areas where you request additional procedures to be undertaken? e. Have you had any significant communications with regulators or grantor agencies? f. Are there other matters that you believe are relevant to the audit of the financial statements or the federal awards? Also, is there anything that we need to know about the attitudes, awareness, and actions of the City concerning: a. The City’s internal control and its importance in the entity, including how those charged with governance oversee the effectiveness of internal control? b. The detection or the possibility of fraud? We also need to know if you have taken actions in response to developments in financial reporting, laws, accounting standards, governance practices, or other related matters, or in response to previous communications with us. With regard to the timing of our audit, here is some general information. If necessary, we may do preliminary financial audit work during the month of December or January. Our final financial fieldwork is scheduled during the spring to best coincide with your readiness and report deadlines. After fieldwork, we wrap up our financial audit procedures at our office and may issue drafts of our report for your review. Final copies of our report and other communications are issued after approval by your staff. This is typically 6-12 weeks after final fieldwork, but may vary depending on a number of factors. Keep in mind that while this communication may assist us with planning the scope and timing of the audit, it does not change the auditor’s sole responsibility to determine the overall audit strategy and the audit plan, including the nature, timing, and extent of procedures necessary to obtain sufficient appropriate audit evidence. We realize that you may have questions on what this all means, or wish to provide other feedback. We welcome the opportunity to hear from you. 277 of 728 COMMUNICATION OF RECOMMENDATIONS AND INFORMATIONAL POINTS TO MANAGEMENT THAT ARE NOT MATERIAL WEAKNESSES OR SIGNIFICANT DEFICIENCIES 278 of 728 Page 8 RECOMMENDATION DEFICIT FUND NET POSITION At December 31, 2013, the City’s Insurance Internal Activity Fund, reported deficit fund net position of $3,727,663. The Insurance Fund began the period with a deficit net position balance of $7,376,499. As this is an internal service fund, all revenues and transfers of net assets are supported by the City’s other funds including the General Fund, Water Fund, and Sewer Fund. These funds are expected to subsidize the Insurance Internal Service Fund’s improvement in future years. CITY RESPONSE: The City agrees with the above deficit fund net position numbers for the Insurance Fund. The City started making inter-fund transfers from the other funds during the 2010-11 fiscal year to reflect proportionate estimated insurance costs for those funds. It is worth noting that the negative net position is mainly due to an accrual for short/long-term claims payable recorded for the potential liability in the fund financial statements for the year ended December 31, 2013. 279 of 728 Page 9 INFORMATIONAL POINTS The following is a schedule of GASB projects: Task or Event Effective Date Impact GASB No. 67 – Financial Reporting for Pension Plans December 31, 2014 This standard is applicable to the Illinois Municipal Retirement Fund (IMRF) plan and the City’s Police Pension and Firefighters’ Pension plans. GASB No. 68 ‒ Accounting and Financial Reporting for Pensions December 31, 2015 The City belongs to the Illinois Municipal Retirement Fund (IMRF) and has the Police and Firefighters’ Pension plans. IMRF is an agent, multiple-employer, defined- benefit, public employee retirement system. IMRF has represented that it will provide the information necessary for the employers to implement GASB No. 68. The City’s Police and Firefighters’ Pension plans are single employer, defined-benefit retirement systems. The City will need to calculate the information necessary to report the net pension liability/ asset for the Police and Firefighters’ Pension plans. The City’s net pension liability / asset will be reported in its government-wide financial statements. The footnote disclosures will have significant changes. GASB No. 69 ‒ Government Combinations and Disposals of Government Operations December 31, 2014 This standard provides the guidance necessary for government combinations and disposals of government operations. This is unlikely to impact the City GASB No. 70 ‒ Accounting and Financial Reporting For Non-exchange Financial Guarantees December 31, 2015 This standard provides guidance for non-exchange financial guarantees. This would impact the City only to the extent it enters into such transactions. GASB No. 71 – Pension Transition for Contributions Made Subsequent to the Measurement Date – an amendment of GASB No. 68 December 31, 2015 The requirements of this Statement will eliminate the source of a potential significant understatement of restated beginning net position and expense in the first year of implementation of GASB No. 68 in the accrual- basis financial statements of the City. This will be addressed along with the implementation of GASB No. 68. Current Agenda Topic: Conceptual Framework - Measurement The GASB Board is scheduled to issue a final Concepts Statement in March 2014 The objective of this project is to consider the measurement concepts that should be used in governmental financial statements. A measurement approach determines whether an asset or liability presented in a financial statement should be (1) reported at an amount that reflects a value at the date that the asset was acquired or the liability was incurred or (2) remeasured and reported at an amount that reflects a value at the date of the financial statements. 280 of 728 Page 10 INFORMATIONAL POINTS (cont.) Task or Event Effective Date Impact Current Agenda Project: Fair Value Measurement The GASB Board is scheduled to issue an Exposure Draft in May 2014 The objective of this project is to review and consider alternatives for the further development of the definition of fair value, the methods used to measure fair value and the applicability of fair value guidance to investments and other items currently reported at fair value, and the potential disclosures about fair value. Current Agenda Project: Fiduciary Responsibilities The GASB Board is expected to issue an Exposure Draft on this project in September 2014 This project is to assess what additional guidance should be developed regarding the application of the fiduciary responsibility criteria in deciding whether and how governments should report fiduciary activities in their financial reports. Current Agenda Project: Leases The GASB Board is scheduled to issue an Exposure Draft in November 2014 The objective of this project is to reexamine issues associated with lease accounting, consider improvements to existing guidance, and provide a basis for the GASB Board to consider whether the current guidance is appropriate based on the definitions of assets and liabilities. Current Agenda Project: Postemployment Benefits Accounting and Financial Reporting: Other Postemployment Benefits Accounting and Financial Reporting During the first part of 2014, the GASB Board will review remaining issues before issuing Exposure Drafts on employer and plan OPEB accounting and financial reporting and pensions not within the scope of Statement 68 The Board will consider the possibility of modifications to the existing standards of accounting and financial reporting for other postemployment benefits (OPEB) by state and local governmental employers and b y the trustees, administrators, or sponsors of OPEB plans. GASB has stated that their objectives are to increase financial reporting transparency and to improve the usefulness of information to the various users of the financial statements. The GASB has two other projects which are on hold. They include the conceptual framework for recognition and economic condition reporting – financial projections. The GASB also revisits GASB standards ten (10) years after issuance. The GASB is currently revisiting GASB Statement No. 34, Basic Financial Statements – and Management’s Discussion and Analysis for State and Local Governments, as well as reporting model-related pronouncements including Statements No. 37, Basic Financial Statements – and Management’s Discussion and Analysis-for State and Local Governments; Omnibus, No. 41, Budgetary Comparison Schedules – Perspective Differences, and No. 46, Net Assets Restricted by Enabling Legislation, and Interpretation No. 6, Recognition and Measurement of Certain Liabilities and Expenditures in Governmental Fund Financial Statements. The GASB has indicated that they are revisiting the following major provisions of these standards: management’s discussion and analysis, government-wide financial statements, fund financial statements, capital asset reporting, budgetary comparisons, special purpose government reporting, and related notes to financial statements. We will share updates with you as they become available. A full list of projects, as well as many resources, is available on GASB’s website at www.gasb.org. 281 of 728 REQUIRED COMMUNICATIONS BY THE AUDITOR WITH THOSE CHARGED WITH GOVERNANCE 282 of 728 Page 11 Baker Tilly Virchow Krause, LLP 1301 W 22nd St, Ste 400 Oak Brook, IL 60523-3389 tel 630 990 3131 fax 630 990 0039 bakertilly.com To the Honorable Elizabeth B. Tisdahl, Mayor and Members of the City Council City of Evanston, Illinois Thank you for using Baker Tilly Virchow Krause, LLP as your auditor. We have completed our audit of the financial statements of the City of Evanston, Illinois for the year ended December 31, 2013, and have issued our report thereon dated July 2, 2014. This letter presents communications required by our professional standards. OUR RESPONSIBILITY UNDER AUDITING STANDARDS GENERALLY ACCEPTED IN THE UNITED STATES OF AMERICA, GOVERNMENT AUDITING STANDARDS, AND OMB CIRCULAR A-133 The objective of a financial statement audit is the expression of an opinion on the financial statements. We conducted the audit in accordance with auditing standards generally accepted in the United States of America, Government Auditing Standards and OMB Circular A-133. These standards require that we plan and perform our audit to obtain reasonable, rather than absolute, assurance about whether the financial statements prepared by management with your oversight are free of material misstatement, whether caused by error or fraud. Our audit included examining, on a test basis, evidence supporting the amounts and disclosures in the financial statements, assessing accounting principles used and significant estimates made by management, and evaluating the overall financial statement presentation. Our audit does not relieve management or the City Council of their responsibilities. We also considered internal control over compliance with requirements that could have a direct and material effect on a major federal or major state program in order to determine our auditing procedures for the purpose of expressing our opinion on compliance and to test and report on internal control over compliance in accordance with OMB Circular A-133. As part of obtaining reasonable assurance about whether the City’s financial statements are free of material misstatement, we performed tests of its compliance with certain provisions of laws, regulations, contracts and grants, noncompliance with which could have a direct and material effect on the determination of financial statement amounts. However, providing an opinion on compliance with those provisions was not an objective of our audit. Also, in accordance with OMB Circular A-133, Prado & Renteria CPAs will examine, on a test basis, evidence about the City’s compliance with the types of compliance requirements described in the U.S. Office of Management and Budget (OMB) Circular A-133 Compliance Supplement applicable to each of the City’s major programs for the purpose of expressing an opinion on the City’s compliance with those requirements. While the audit provides a reasonable basis for the opinion, it does not provide a legal determination on the City’s compliance with those requirements. Prado & Renteria CPAs will issue a separate document which contains the results of our audit procedures to comply with OMB Circular A-133. 283 of 728 Page 12 Honorable Elizabeth B. Tisdahl, Mayor and Members of the City Council City of Evanston, Illinois OTHER INFORMATION IN DOCUMENTS CONTAINING AUDITED FINANCIAL STATEMENTS Our responsibility does not extend beyond the audited financial statements identified in this report. We do not have any obligation to and have not performed any procedures to corroborate other information contained in client prepared documents, such as official statements related to debt issues. PLANNED SCOPE AND TIMING OF THE AUDIT We performed the audit according to the planned scope and timing previously communicated to you in our letter about planning matters dated June 28, 2013. QUALITATIVE ASPECTS OF THE ENTITY’S SIGNIFICANT ACCOUNTING PRACTICES Accounting Policies Management is responsible for the selection and use of appropriate accounting policies. In accordance with the terms of our engagement letter, we will advise management about the appropriateness of accounting policies and their application. The significant accounting policies used by the City of Evanston, Illinois are described in Note 1 to the financial statements. As described in Note 1 to the financial statements, the City of Evanston, Illinois changed accounting policies related to inclusion of certain component units in the financial reporting entity and their reporting by adopting Governmental Accounting Standards (GASB) Statement No. 61, The Financial Reporting Entity: Omnibus – an amendment of GASB Statements No. 14 and No. 34 and changed accounting policies related to reporting certain items previously reported as assets and liabilities by adopting Statement No. 65, Items Previously Reported as Assets and Liabilities in 2013. We noted no transactions entered into by the City of Evanston, Illinois during the year that were both significant and unusual, and of which, under professional standards, we are required to inform you, or transactions for which there is a lack of authoritative guidance or consensus. Accounting Estimates Accounting estimates are an integral part of the financial statements prepared by management and are based on management's knowledge and experience about past and current events and assumptions about future events. Certain accounting estimates are particularly sensitive because of their significance to the financial statements and because of the possibility that future events affecting them may differ significantly from those expected. The most sensitive estimates affecting the financial statements were: Depreciation expense Allowance for doubtful accounts Insurance claims payable OPEB liability We evaluated the key factors and assumptions used to develop these estimates in determining that they are reasonable in relation to the financial statements taken as a whole. Financial Statement Disclosures The disclosures in the financial statements are neutral, consistent, and clear. DIFFICULTIES ENCOUNTERED IN PERFORMING THE AUDIT We encountered no significant difficulties in dealing with management in performing our audit. 284 of 728 Page 13 Honorable Elizabeth B. Tisdahl, Mayor and Members of the City Council City of Evanston, Illinois CORRECTED AND UNCORRECTED MISSTATEMENTS Professional standards require us to accumulate all known and likely misstatements identified during the audit, other than those that are trivial, and communicate them to the appropriate level of management. As noted, in the required communication of internal control related matters identified in the audit to those charged with governance section of this report, we identified a material adjustment to the City’s financial statements that was subsequently recorded by management. A summary of uncorrected financial statement misstatements follows this required communication. Management has determined that their effects are immaterial, both individually and in the aggregate, to the financial statements taken as a whole. DISAGREEMENTS WITH MANAGEMENT For purposes of this letter, professional standards define a disagreement with management as a matter, whether or not resolved to our satisfaction, concerning a financial accounting, reporting, or auditing matter that could be significant to the financial statements or the auditor’s report. We are pleased to report that no such disagreements arose during the course of our audit. CONSULTATIONS WITH OTHER INDEPENDENT ACCOUNTANTS In some cases, management may decide to consult with other accountants about auditing and accounting matters. If a consultation involves application of an accounting principle to the governmental unit’s financial statements or a determination of the type of auditors’ opinion that may be expressed on those statements, our professional standards require the consulting accountant to check with us to determine that the consultant has all the relevant facts. To our knowledge, there were no such consultations with other accountants. MANAGEMENT REPRESENTATIONS We have requested certain representations from management that are included in the management representation letter. This letter follows this required communication. INDEPENDENCE We are not aware of any relationships between Baker Tilly Virchow Krause, LLP and the City of Evanston that, in our professional judgment, may reasonably be thought to bear on our independence. Relating to our audit of the financial statements of the City of Evanston for the year ended December 31, 2013, Baker Tilly Virchow Krause, LLP hereby confirms that we are, in our professional judgment, independent with respect to the City in accordance with the Code of Professional Conduct issued by the American Institute of Certified Public Accountants. We provided no services to the City other than audit services provided in connection with the audit of the current year’s financial statements and nonaudit services which in our judgment do not impair our independence. 285 of 728 Honorable Elizabeth B. Tisdahl, Mayor and Members of the City Council City of Evanston, Illinois OTHER MATTERS With respect to the supplementary information accompanying the financial statements, we made certain inquiries of management and evaluated the form, content, and methods of preparing the information to determine that the information complies with accounting principles generally accepted in the United States of America, the method of preparing it has not changed from the prior period, and the information is appropriate and complete in relation to our audit of the financial statements. We compared and reconciled the supplementary information to the underlying accounting records used to prepare the financial statements or to the financial statements themselves. OTHER AUDIT FINDINGS OR ISSUES We generally discuss a variety of matters, including the application of accounting principles and auditing standards, with management each year prior to retention as the City's auditors. However, these discussions occurred in the normal course of our professional relationship and our responses were not a condition to our retention. This information is intended solely for the use of those charged with governance and management and is not intended to be, and should not be, used by anyone other than these specified parties. We welcome the opportunity to discuss the information included in this letter and any other matters. Thank you for allowing us to serve you. � !� ��� K-_ LJ? July 2, 2014 Page 14 286 of 728 SUMMARY OF UNCORRECTED FINANCIAL STATEMENT MISSTATEMENTS 287 of 728 Governmental Activitie� Business-Type Activitie� Discretely Presented Component Uni General Fund Capital Improvement Fum Parking Fund City of Evanston SUMMARY OF UNCORRECTED FINANCIAL STATEMENT MISSTATEMENTS Total Assets/ Deferred Outflow.: (848,797) 848,797 114,906 (66,512) -- As of and for the Year Ended December 31, 2013 Total Liabilities. Deferred Inflow� - 149,192 - (149,192) 149,192 Financial Statements Effect - Debit (Credit) to Financial Statement Total Total Net Position! Fund Balances 615.436 (997,989) (114.906) 66,512 . (149.192) Total Revenues (114 ,906) 66,512 Total Expenses/ Ex12enditure� 943,109 (729,307) 645,972 (233,361) (149_,J92) Change in Beginning Net Position/ Net Position/ Fund Balances Fund Balances 943 109 (94,312) (729,307) (268,682) (114,906) 712.,484 (496,780) (233,361) 233,361 (149,192) 288 of 728 MANAGEMENT REPRESENTATIONS 289 of 728 �·� Cily of Evanston� July 2, 2014 Baker Tilly Virchow Krause, LLP 1301 W. 22nd Street Suite 400 Oak Brook, IL 60523 Dear Baker Tilly Virchow Krause, LLP: 2100 Ridge Avenue Evanston, IL 6020 1-2798 T 847.866.2936 F 847.448.8083 www.cityofevanston.org Wally Bobklewlcz City Manager We are providing this letter in connection with your audit of the financial statements of the City of Evanston as of December 31, 2013 and for the year then ended for the purpose of expressing an opinion as to whether the financial statements present fairly, in all material respects, the respective financial position of the governmental activities, the business-type activities, the discretely presented component unit, each major fund, and the aggregate remaining fund information of the City of Evanston and the respective changes in financial position and cash flows, where applicable, in conformity with accounting principles generally accepted in the United States of America. We confirm that we are responsible for the fair presentation of the previously mentioned financial statements in conformity with accounting principles generally accepted in the United States of America. We are also responsible for adopting sound accounting policies, establishing and maintaining internal control over financial reporting, and preventing and detecting fraud. Certain representations in this letter are described as being limited to matters that are material. Items are considere d material, regardless of size, if they involve an omission or misstatement of accounting info rmation that, in the light of surrounding circumstances, makes it probable that the judgment of a reasonable person relying on the information would be changed or influenced by the omission or misstatement. An omission or misstatement that is monetarily small in amount could be considered material as a result of qualitative factors. We confirm, to the best of our knowledge and belief, the following representations made to you during your audit. Financial Statements 1. We have fulfilled our responsibilities, as set out in the terms of the audit engagement letter. 2. The financial statements referred to above are fairly presented in conformity with accounting principles generally accepted in the United States of America and include all proper1y classified funds and other financial information of the primary government and all component units required by accounting principles generally accepted in the United States of America to be included in the financial reporting entity. 3. We acknowledge our responsibility for the design, implementation, and maintenance of internal control relevant to the preparation and fair presentation of financial statements that are free from material misstatement, whether due to fraud or error. 290 of 728 Baker Tilly Virchow Krause, LLP July 2, 2014 Page 2 4. We acknowledge our responsibility for the design, implementation, and maintenance of internal control to prevent and detect fraud. 5. Significant assumptions we used in making accounting estimates are reasonable. 6. Related party relationships and transactions, including revenues, expenditures/expenses, loans, transfers, leasing arrangements, and guarantees, and amounts receivable from or payable to related parties have been appropriately accounted for and disclosed in accordance with the requirements of accounting principles generally accepted in the United States of America. 7. All events subsequent to the date of the financial statements and for which accounting principles generally accepted in the United States of America require adjustment or disclosure have been adjusted or disclosed. No other events, including instances of noncompliance, have occurred subsequent to the balance sheet date and through the date of this letter that would require adjustment to or disclosure in the aforementioned financial statements. 8. All material transactions have been recorded in the accounting records and are reflected in the financial statements. 9. We believe the effects of the uncorrected financial statement misstatements summarized in the attached schedule are immaterial, both individually and in the aggregate, to the basic financial statements taken as a whole. In addition, you have recommended adjusting journal entries, and we are in agreement with those adjustments. 10. The effects of all known actual or potential litigation, claims, and assessments have been accounted for and disclosed in accordance with accounting principles generally accepted in the United States of America. 11. Guarantees, whether written or oral, under which the City of Evanston is contingently liable, if any, have been properly recorded or disclosed. Information Provided 12. We have provided you with: a. Access to all information, of which we are aware, that is relevant to the preparation and fair presentation of the financial statements, such as financial records and related data , documentation, and other matters. b. Additional information that you have requested from us for the purpose of the audit. c. Unrestricted access to persons within the entity from whom you determined it necessary to obtain audit evidence. d. Minutes of the meetings of the City Council or summaries of actions of recent meetings for which minutes have not yet been prepared. 13 . We have disclosed to you the results of our assessment of the risk that the financial statements may be materially misstated as a result of fraud. 14. We have no knowledge of any fraud or suspected fraud that affects the entity and involves: a. Management, b. Employees who have significant roles in internal control, or c. Others where the fraud could have a material effect on the financial statements. 15. We have no knowledge of any allegations of fraud or suspected fraud affecting the entity received in communications from employees, former employees, regulators, or others. 291 of 728 Baker Tilly Virchow Krause, LLP July 2, 2014 Page 3 16. We have no knowledge of known instances of noncompliance or suspected noncompliance with provisions of laws, regulations, contracts, or grant agreements, or abuse, whose effects should be considered when preparing financial statements. 17. We have disclosed to you all known related parties and all the related party relationships and transactions of which we are aware. Other 18. There have been no communications from regulatory agencies concerning noncompliance with, or deficiencies in, financial reporting practices. This excludes activities covered under the Single Audit Act. 19. We have a process to track the status of audit findings and recommendations. 20. We have identified to you any previous financial audits, attestation engagements, and other studies related to the audit objectives and whether related recommendations have been implemented. 21. We have provided our views on reported findings, conclusions, and recommendations, as well as our planned corrective actions, for our report. 22. The City of Evanston has no plans or intentions that may materially affect the carrying value or classification of assets, liabilities, or equity as of December 31 , 2013 . 23 . We are responsible for compliance with federal, state, and local laws, regulations, and provisions of contracts and grant agreements applicable to us, including tax or debt limits and debt contracts; and we have identified and disclosed to you all federal, state, and local laws, regulations and provisions of contracts and grant agreements that we believe have a direct and material effect on the determination of financial statement amounts or other financial data significant to the audit objectives, including legal and contractual provisions for reporting specific activities in separate funds. 24. There are no: a. Violations or possible violations of budget ordinances, federal, state, and local laws or regulations (including those pertaining to adopting and amending budgets), provisions of contracts and grant agreements, tax or debt limits, and any related debt covenants whose effects should be considered for disclosure in the financial statements or as a basis for recording a loss contingency, or for repor ting on noncompliance. b. Other liabilities or gain or loss contingencies that are required to be accrued or disclosed by accounting principles generally accepted in the United States of America. c. Nonspendable, restricted, committed, or assigned fund balances that were not properly authorized and approved. d. Rates being charged to customers that have not been authorized by the applicable authoritative body (either City Council or City Management). e. Violations of restrictions placed on revenues as a result of bond resolution covenants such as revenue distribution or debt service funding. 292 of 728 Baker Tilly Virchow Krause, LLP July 2, 2014 Page4 25. In regards to the nonattest service performed by you listed below, we have 1) made all management decisions and performed all management functions; 2) designated an individual with suitable skill, knowledge, or experience to oversee the services; 3) evaluated the adequacy and results of the services performed, and 4) accepted responsibility for the results of the service. a. Compiled regulatory reports This non attest service does not constitute an audit under generally accepted auditing standards, including Government Auditing Standards. 26. The City of Evanston has satisfactory title to all owned assets, and there are no liens or encumbrances on such assets nor has any asset been pledged as collateral. 27 . The City of Evanston has complied with all aspects of contractual agreements that would have a material effect on the financial statement in the event of noncompliance. 28. We have followed all applicable laws and regulations in adopting, approv ing, and amending budgets. 29. The financial statements include all component units as well as joint ventu res with an equity interest, and properly disclose all other joint ventures and other related organizations. 30. The financial statements properly classify all funds and activities. 31. All funds that meet the quantitative criteria in GASB Statement No. 34 and No. 37 for presentation as major are identified and presented as such and all other funds that are presented as major are particularly important to financial statement users. 32. Components of net position (net investment in capital assets; restricted; and unrestricted) and equity amounts are properly classified and, if applicable, approved. 33 . The City of Evanston has no derivative financial instruments such as contracts that could be assigned to someone else or net settled, interest rate swaps, collars or caps. 34. Provisions for uncollectible receivables have been properly identified and recorded. 35. Revenues are appropriately classified in the statement of activities within program revenues and general revenues. 36. lnterfund, internal, and intra-entity activity and balances have been appropriately classified and reported. 37. Deposits and investment securities are properly classified as to risk, and investments are properly valued. Collateralization agreements with financial institutions, if any, have been properly disclosed. 38. Capital assets, including infrastructure and intangible assets, are properly capitalized, reported, and, if applicable, depreciated/amortized. Any known impairments have been recorded and disclosed. 39. We have appropriately disclosed the City of Evanston's policy regarding whether to first apply restricted or unrestricted resources when an expense is incurred for purposes for which both restricted and unrestricted net position are available and have determined that net position were properly recognized under the policy. We have also disclosed our policy regarding how restricted and unrestricted fund balance is used when an expenditure is incurred for which both restricted and unrestricted fund balance is available, including the spending hierarchy for committed, assigned, and unassigned amounts. 293 of 728 Baker Tilly Virchow Krause, LLP July 2, 2014 Page 5 40. We acknowledge our responsibility for the required supplementary information (RSI). The RSI is measured and presented within prescribed guidelines and the methods of measurement and presentation have not ch anged from those used in the prior period. We have disclosed to you any significant assumptions and interpretations underlying the measurement and presentation of the RSI. 41. With respect to the supplementary information, (SI): a. We acknowledge our responsibility for presenting the Sl in accordance with accounting principles generally accepted in the United States of America, and we bi:Jiieve the Sl, including its form and content, is fairly presented in accordance with accounting principles generally accepted in the United States of America. The methods of measurement and presentation of the Sl have not changed from those used in the prior period, and we have disclosed to you any significant assumptions or interpretations underlying the measurement and presentation of the supplementary information. b. If the Sl is not presented with the audited financial statements, we will make the audited financial statements readily available to the intended users of the supplementary information no later than th e date we issue the supplementary information and the auditor's report thereon. 42. We assume responsibility for, and agree with, the findings of specialists in evaluating the post employment benefits, Pollee Pension Fund and Firefighter's Pension Fund and have adequately considered the qualifications of the specialists in determining the amounts and disclosures used in th e financial statements and underlying accounting records. We did not give or cause any instructions to be given to specialists with respect to th e values or amounts derived in an attempt to bias their work, and we are not oth erwise aware of any matters that have had impact on the independence or objectivity of the specialists. 43 . We have implemented GASB Statement No. 65 and believe th at all deferred outflows and deferred inflows have been identified and properly classified in the financial statements and any other required classifications have been computed in compliance with the Standard. Sincerely, City of Evanston Signed W�� � Signed �� 294 of 728 For City Council meeting of July 14, 2014 Item A6 Resolution 37-R-14: Approving Release of Closed Session Minutes For Action To: Honorable Mayor and Members of the City Council Administration and Public Works Committee From: W. Grant Farrar, Corporation Counsel Subject: Resolution 37-R-14; Approving Release of Certain Closed Session Minutes Date: July 7, 2014 Recommended Action: Adopt the attached resolution releasing the closed session meeting minutes listed on Exhibit A and finding that a need still exists for confidentiality as to the minutes on Exhibit B. The City is furthering its efforts to provide access to information and openness in government through the appropriate release of closed session minutes of the City Council. Summary: The Open Meetings Act, 5 ILCS 120/1, et seq., provides for specific exceptions to the general requirement of the Act that all meetings of public bodies be open, all actions of public bodies be taken openly, and all deliberations of public bodies be conducted openly (5 ILCS 120/1). Section 2.06 of the Open Meetings Act requires the City Council to meet semi-annually to determine whether the need for confidentiality still exists as to closed session minutes. The schedule of closed session minutes on Exhibit A, in whole or in part, no longer necessitates confidential treatment and should be made available for public inspection and review which includes a total of 22 sets of minutes. The schedule of closed session minutes on Exhibit B still requires confidentiality for a variety of reasons provided for within the Open Meetings Act exceptions, 5 ILCS 120/2, including matters of personnel, real estate acquisitions and/or sale negotiations, pending litigation matters, and other applicable exceptions. ------------------------------------------------------------------------------------- Attachments: Resolution 37-R-14 Memorandum 295 of 728 5/27/2014 37-R-14 A RESOLUTION TO RELEASE CITY COUNCIL CLOSED SESSION MINUTES WHEREAS, the City Council has met from time to time in executive session for purposes authorized by the Illinois Open Meetings Act (5 ILCS 120/1 et seq); and WHEREAS, the Open Meetings Act requires a semi-annual review by the public body of all closed session minutes (5 ILCS 120/2.06(c)); and WHEREAS, pursuant to the requirements of the Illinois Open Meetings Act, (5 ILCS 120/2.06(c)), the City Council met to review minutes of all closed session meetings and make a determination and report in open session that (1) the need for confidentiality still exists as to all or part of those minutes; or (2) that the minutes or portions thereof no longer require confidentiality and should be made available for public inspection; and WHEREAS, the City Council has determined that the schedule of minutes of closed session meetings attached hereto as Exhibit “A” no longer require confidential treatment, in whole or in part and the City Council has found that portions of the minutes to be released should be redacted for confidential treatment; and WHEREAS, the City Council has determined that the schedule of minutes of closed session meetings attached hereto as Exhibit “B” still require confidential treatment and will not be made available for public inspection at this time, pursuant to Section 2.06 of the Open Meetings Act, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS: 296 of 728 37-R-14 - 2 - SECTION 1: The foregoing recitals are hereby found as fact and incorporated herein by reference. SECTION 2: The executive session minutes from those meetings set forth on Exhibit A attached hereto are hereby released. SECTION 3: The City Clerk is hereby authorized and directed to make said minutes available for posting on the City of Evanston’s website, for inspection and copying in accordance with the standing procedures of the Clerk’s office. SECTION 4: That this Resolution 37-R-14 shall be in full force and effect from and after its passage and approval in the manner provided by law. _______________________________ Elizabeth B. Tisdahl, Mayor Attest: _______________________________ Rodney Greene, City Clerk Adopted: __________________, 2014 297 of 728 37-R-14 - 3 - EXHIBIT A SCHEDULE OF CLOSED SESSION MINUTES TO BE RELEASED Date Release in whole or in part 2014 3/10/14 Release in part 4/28/14 Release in part 5/5/14 Release in part 2013 1/14/13 Release in part 6/10/13 Release in part 6/24/13 Release in whole 8/5/13 Release in whole 9/23/13 Release in part 10/28/13 Release in part 11/4/14 Release in part 11/11/13 Release in whole 11/25/13 Release in part 2012 9/24/12 Release in part 10/22/12 Release in whole 11/12/12 Release in part 2011 4/25/11 Release in whole 7/25/11 Release in part 11/7/11 Release in whole 2010 3/22/10 Release in whole 4/12/10 Release in whole 8/9/10 Release in part 10/25/10 Release in whole 298 of 728 37-R-14 - 4 - EXHIBIT B SCHEDULE OF CLOSED SESSION MINUTES NOT ELIGIBLE FOR RELEASE DUE TO A NEED FOR CONFIDENTIALITY AS OF JUNE 23, 2014: Date Date of Original Approval to Hold Hold in whole or in part 2014 1/13/14 6/23/14 HOLD 1/27/14 6/23/14 HOLD 2/24/14 6/23/14 HOLD 3/10/14 6/23/14 HOLD in part 3/24/14 6/23/14 HOLD 4/28/14 6/23/14 HOLD in part 5/5/14 6/23/14 HOLD in part 2013 1/14/13 4/22/13 HOLD in part 1/28/13 4/22/13 HOLD in part 2/25/13 4/22/13 HOLD in part 3/11/13 12/9/13 HOLD in part 6/10/13 12/9/13 HOLD in part 7/22/13 12/9/13 HOLD 9/23/13 12/9/13 HOLD in part 10/28/13 12/9/13 HOLD in part 11/4/13 12/9/13 HOLD in part 11/25/13 6/25/14 HOLD in part 2012 1/23/12 6/11/12 HOLD in part 2/6/12 6/11/12 HOLD in part 2/27/12 6/11/12 HOLD in part 6/11/12 11/26/12 HOLD in part 6/25/12 11/26/12 HOLD in part 7/23/12 11/26/12 HOLD in part 8/13/12 11/26/12 HOLD in part 9/24/12 4/22/13 HOLD in part 10/8/12 4/22/13 HOLD 11/12/12 4/22/13 HOLD in part 11/16/12 4/22/13 HOLD 11/26/12 4/22/13 HOLD in part 12/10/12 4/22/13 HOLD in part 2011 1/10/11 10/10/11 HOLD in part 1/24/11 10/10/11 HOLD in part 2/28/11 10/10/11 HOLD in part 299 of 728 37-R-14 - 5 - 3/22/11 6/11/12 HOLD in part 6/27/11 10/10/11 HOLD in part 7/25/11 6/11/12 HOLD in part 10/17/11 6/11/12 HOLD in part 12/12/11 6/11/12 HOLD in part 2010 5/10/10 3/28/11 HOLD in part 6/14/10 3/28/11 HOLD in part 7/12/10 4/22/13 HOLD in part 8/9/10 3/28/11 HOLD in part 9/20/10 3/28/11 HOLD in part 11/15/10 6/11/12 HOLD in part 300 of 728 For City Council meeting of July 14, 2014 Item A7 Ordinance 80-O-14: Decreasing Class D Liquor License Mumbai Indian Grill For Introduction To: Honorable Mayor and Members of the City Council Administration & Public Works Committee From: W. Grant Farrar, Corporation Counsel Theresa Whittington, Administrative Adjudication & Liquor Licensing Manager Subject: Ordinance 80-O-14, Decreasing the Number of Class D Liquor Licenses for Mumbai Indian Grill, Inc. d/b/a Mumbai Grill, 1728 Sherman Avenue Date: June 11, 2014 Recommended Action: Staff recommends City Council adoption of Ordinance 80-O-14, decreasing the number of Class D liquor licenses for Mumbai Indian Grill, Inc. d/b/a Mumbai Grill, 1728 Sherman Avenue. Summary: Ordinance 80-O-14 amends Evanston City Code of 2012 Subsection 3-5-6-(D), as amended, to decrease the number of authorized Class D liquor licenses from 50 to 49. Mumbai Indian Grill, Inc. d/b/a Mumbai Grill (“Company”), 1728 Sherman Avenue, requests to deactivate its City liquor license as the Company has been sold and purchased by another entity. This “housekeeping” ordinance amends the City Code to reflect the decrease in Class D liquor licenses. Attachments: Ordinance 80-O-14 Memorandum 301 of 728 6/11/2014 80-O-14 AN ORDINANCE Amending City Code Section 3-5-6-(D) to Decrease the Number of Class D Liquor Licenses from Fifty to Forty-Nine (Mumbai Indian Grill, Inc. d/b/a Mumbai Grill, 1728 Sherman Avenue) NOW BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS, THAT: SECTION 1: Subsection 3-5-6-(D) of the Evanston City Code of 2012, as amended, is hereby further amended by decreasing the number of Class D liquor licenses from fifty (50) to forty-nine (49) to read as follows: (D) CLASS D licenses, which shall authorize the retail sale in restaurants only of alcoholic liquor for consumption on the premises where sold. No such license may be granted to or retained by an establishment in which the facilities for food preparation and service are not primarily those of a "restaurant", as defined in Section 3-5-1 of this Chapter. Alcoholic liquor may be sold in restaurants holding class D licenses only during the period when their patrons are offered a complete meal. The applicants for the renewal of such licenses may elect to pay the amount required herein semiannually or annually. Such election shall be made at the time of application. The annual single-payment fee for initial issuance or renewal of such license shall be $2,800.00. The total fee required hereunder for renewal applicants electing to make semiannual payments, payable pursuant to the provisions of Section 3-5-7 of this Chapter, shall be $2,940.00. No more than fifty (50) forty-nine (49) such licenses shall be in force at any one (1) time. SECTION 2: All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 3: If any provision of this ordinance or application thereof to 302 of 728 80-O-14 ~2~ any person or circumstance is ruled unconstitutional or otherwise invalid, such invalidity shall not affect other provisions or applications of this ordinance that can be given effect without the invalid application or provision, and each invalid provision or invalid application of this ordinance is severable. SECTION 4: The findings and recitals contained herein are declared to be prima facie evidence of the law of the City and shall be received in evidence as provided by the Illinois Compiled Statutes and the courts of the State of Illinois. SECTION 5: This ordinance shall be in full force and effect from and after its passage, approval, and publication in the manner provided by law. Introduced: _________________, 2014 Adopted: ___________________, 2014 Approved: __________________________, 2014 _______________________________ Elizabeth B. Tisdahl, Mayor Attest: _______________________________ Rodney Greene, City Clerk Approved as to form: ______________________________ W. Grant Farrar, Corporation Counsel 303 of 728 For City Council meeting of July 14, 2014 Item A8 Ordinance 87-O-14: Decreasing Class D Liquor License Royin Sushi Bar For Introduction To: Honorable Mayor and Members of the City Council Administration & Public Works Committee From: W. Grant Farrar, Corporation Counsel Theresa Whittington, Administrative Adjudication & Liquor Licensing Manager Subject: Ordinance 87-O-14, Decreasing the Number of Class D Liquor Licenses for Redmaki d/b/a Royin Sushi Bar, 1930 Central Street Date: June 16, 2014 Recommended Action: Staff recommends City Council adoption of Ordinance 87-O-14 decreasing the number of Class D liquor licenses for Redmaki d/b/a Royin Sushi Bar, 1930 Central Street. Summary: Ordinance 87-O-14 amends Evanston City Code of 2012 Subsection 3-5-6-(D), as amended, to decrease the number of authorized Class D liquor licenses from 49 to 48. Redmaki d/b/a Royin Sushi Bar (“Company”), 1930 Central Street, is no longer selling liquor at its establishment. This “housekeeping” ordinance amends the City Code to reflect the decrease in Class D liquor licenses. Attachments: Ordinance 87-O-14 Memorandum 304 of 728 6/16/2014 87-O-14 AN ORDINANCE Amending City Code Section 3-5-6-(D) to Decrease the Number of Class D Liquor Licenses from Forty-Nine to Forty-Eight (Redmaki d/b/a Royin Sushi Bar, 1930 Central Street) NOW BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS, THAT: SECTION 1: Subsection 3-5-6-(D) of the Evanston City Code of 2012, as amended, is hereby further amended by decreasing the number of Class D liquor licenses from forty-nine (49) to forty-eight (48) to read as follows: (D) CLASS D licenses, which shall authorize the retail sale in restaurants only of alcoholic liquor for consumption on the premises where sold. No such license may be granted to or retained by an establishment in which the facilities for food preparation and service are not primarily those of a "restaurant", as defined in Section 3-5-1 of this Chapter. Alcoholic liquor may be sold in restaurants holding class D licenses only during the period when their patrons are offered a complete meal. The applicants for the renewal of such licenses may elect to pay the amount required herein semiannually or annually. Such election shall be made at the time of application. The annual single-payment fee for initial issuance or renewal of such license shall be $2,800.00. The total fee required hereunder for renewal applicants electing to make semiannual payments, payable pursuant to the provisions of Section 3-5-7 of this Chapter, shall be $2,940.00. No more than forty-nine (49)forty-eight (48) such licenses shall be in force at any one (1) time. SECTION 2: All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 3: If any provision of this ordinance or application thereof to 305 of 728 87-O-14 ~2~ any person or circumstance is ruled unconstitutional or otherwise invalid, such invalidity shall not affect other provisions or applications of this ordinance that can be given effect without the invalid application or provision, and each invalid provision or invalid application of this ordinance is severable. SECTION 4: The findings and recitals contained herein are declared to be prima facie evidence of the law of the City and shall be received in evidence as provided by the Illinois Compiled Statutes and the courts of the State of Illinois. SECTION 5: This ordinance shall be in full force and effect from and after its passage, approval, and publication in the manner provided by law. Introduced: _________________, 2014 Adopted: ___________________, 2014 Approved: __________________________, 2014 _______________________________ Elizabeth B. Tisdahl, Mayor Attest: _______________________________ Rodney Greene, City Clerk Approved as to form: ______________________________ W. Grant Farrar, Corporation Counsel 306 of 728 For City Council meeting of July 14, 2014 Item A9 Ordinance 66-O-14: Disposable Shopping Bag Ordinance For Introduction To: Honorable Mayor and Members of the City Council Administration and Public Works Committee From: Catherine Hurley, Sustainable Programs Coordinator Suzette Robinson, Public Works Director Subject: Ordinance 66-O-14, Enacting a Regulation on Disposable Plastic Shopping Bags and other related Issues Date: July 2, 2014 Recommended Action: Staff recommends City Council adoption of Ordinance 66-O-14 enacting a ban on disposable plastic shopping bags for chain and franchise stores and the attached information regarding efforts to reduce the environmental impacts of plastic shopping bags in Evanston. Summary: Following the adoption of Chicago's Partial Plastic Bag Ban 1 this spring (2014), City Council directed staff to compile research and seek community feedback on options to address concerns regarding the negative impacts of single use shopping bags. This issue was previously discussed by City Council and the community in 2011 after thorough research was conducted and presented. Staff has compiled the following summary, outlining the impacts of single-use bags and the possible responses to address these concerns. As the 2006 Evanston Strategic Plan2 outlines, the City is committed to embracing the best ecological practices and policies in government, services and infrastructure. This is part of a larger commitment to sustainability and overall waste reduction that is included the in the Evanston Climate Action Plan 3 (ECAP), which identifies waste reduction and recycling as a focus area and recommends taking action to reduce single-use products like shopping bags. 1 http://www.huffingtonpost.com/2014/04/30/chicago-bans-plastic-bags_n_5241854.html 2 http://www.cityofevanston.org/assets/pdf/StrategicPlan.pdf 3 http://www.cityofevanston.org/pdf/ECAP.pdf The ECAP references options including: encouraging retailers to offer incentives for bringing their own shopping bags, investigating a tax or ban on single-use plastic bags and supporting voluntary reduction efforts. Memorandum 307 of 728 Ordinance 66-O-14 is presented as a ban on disposable plastic shopping bags for chain and franchise stores based on the Chicago Ordinance and is provided as Attachment 1. Single-Use Bag Overview and Impacts: Over a hundred billion disposable shopping bags are used each year in the United States with plastic bags representing over 80% of those. Life Cycle Assessments (LCA), which assess the environment impacts throughout all stages of the product’s life, have determined that creation, recycling and disposal of both paper and plastic bags require significant energy and resource. Plastic bags harm local environments and wildlife, clog storm drains, contaminate recycling processes and are a source of litter. Plastic bags are also made from non-renewable resources and do not biodegrade.4 Paper bags are made from a potentially renewable resource but require more energy and water in their production and produce more waste and greenhouse gas emissions than plastic bags. In addition to environmental impacts, single-use bags are also costly to retailers and consumers. The hidden costs of these “free bags” total an estimated $17 a year per Evanston resident.5 The best environmental and economic alternative is to use no bag whenever possible and to switch to using reusable bags when necessary. Additional information can be found on the City’s website at www.cityofevanston.org/bags. Local Impacts and Community Feedback: Shopping bags, especially disposable plastic bags, have impacts specific to the local Evanston community and Lake Michigan. Plastic bag litter impacts beaches and Lake Michigan with as many as 400 plastic bags being collected on one clean-up day.6 Plastic bags also are frequently improperly recycled in curbside recycling and clog regional recycling facilities, taking up both time and additional resources. Locally, there are positive actions being taken in response. Retailers and residents are increasingly aware of environmental concerns with single-use shopping bags and working to promote or use reusable bags instead. Residents are already bringing their own reusable bags and increasingly stores are providing them at the checkout from as little as $1. Local stores are offering incentives for customers who bring their own bag (Target, Whole Foods), charging for each bag used (Aldi) and some are not offering bags at all (Sam’s Club). Additionally plastic film collection sites now exist at most grocery stores. At the direction of the City Council, staff held a community meeting on June 5th at the Ecology Center with approximately 30 community members in attendance. The presentation from the meeting can be viewed on the City’s website at the following link: www.cityofevanston.org/bags. Information was given and feedback collected at both the Levy Senior Center and at the Foster Seniors Club following the community meeting. Overall there was concern expressed about the negative impacts of 4 LCA information at City of Evanston website: http://www.cityofevanston.org/sustainability/waste-reduction- recycling/disposable-bag-reduction/index.php 5 According to calculations of cost per bag and quantity of bags used by Evanston residents 6 Adopt-A-Beach Data, Alliance for the Great Lakes 2 308 of 728 disposable shopping bags and a wide variety of opinions on ways to take action. A summary of the community feedback collected is provided as Attachment 2. Bag Reduction Actions: There is a growing movement of residents, cities, non-profits, and stores taking actions to reduce the negative impacts of shopping bags. Over 130 cities and towns around the US now have some form of bag regulation or ordinance. Measurable progress has been made in cities that have taken actions on shopping bags. For example, bag bans and/or fees have led to single-use bag reductions of 60% (Washington, DC) up to 90% (San Jose, LA County). Along with reducing resource use, waste and litter, broader positive impacts of bag reduction include paving the way for additional waste reduction measures, alerting and engaging residents in taking direct action, and demonstrating a city’s commitment to being a green leader. Chicago Bag Reduction Ordinance: Chicago is the latest city to adopt a bag ordinance, which was approved on April 30, 2014. The Chicago Bag Reduction Ordinance bans plastic bags at retail establishments that are chain or franchise stores. It does not apply to dine-in or carry-out restaurants. The ordinance also requires paper bags to be recyclable, compostable and made with at least 40% post-consumer recycled content. The ordinance has a phased in implementation approach based on square footage. A copy of the Chicago Bag ordinance and summary of the key elements are provided in Attachment 3. Evanston Bag Reduction Options and Implementation: Based on best practices from the US and international bag reduction case studies, there are four main types of bag reduction strategies. Reduction strategies vary depending on the unique needs of each place. These strategies can be used individually or in some combination and include the following: a ban on bags (paper or plastic), charging a fee for each disposable bag given to a customer (paper or plastic), voluntary recycling program or reduction targets and educational “BringYourOwnBag (BYOB)” campaigns, bag credits and incentives. Detailed analysis of bag reduction alternatives and example cities is provided as Attachment 4. Staff has drafted Ordinance 66-O-14 as a ban on disposable plastic shopping bags for chain and franchise stores based on the Chicago Ordinance and includes the same phased-in approach for implementation. A registration period would begin once the ordinance is adopted and stores would be asked to report their compliance plan (type of bag) through an online form and the information posted on the City’s website. The City could assist with educational outreach and incentives for both consumer and stores. Next Steps and Recommendations: In line with promoting the goals of Evanston’s guiding documents to “Create the Most Livability City in America”, staff recommends City Council adoption of Ordinance 66-O- 14 enacting a ban on disposable plastic shopping bags for chain and franchise stores. Staff also recommends that the community could benefit from an education and outreach campaign to promote the increased use of reusable bags, tracking data on shopping bag usage and reduction efforts and promote plastic bag and film recycling. 3 309 of 728 Legislative History: April 25, 2011 Introduced Ordinance 67-O-10 proposing a $0.05 tax per bag; amended by Committee to be a bag ban; Staff was directed to gain community input. June 13, 2011 Presentation to Administration and Public Works Committee on community feedback; Ordinance 76-O-10 was referred to Evanston Environment Board. October 24, 2011 Presentation and recommendation by Evanston Environment Board on enacting a $0.05 tax on disposable shopping bags. May 19, 2014 Staff presents update on Chicago Plastic Bag Ban and directed to hold community meeting. June 5, 2014 Community meeting held at Evanston Ecology Center Attachment: Attachment 1 – Ordinance 66-O-14 Enacting a Regulation on Plastic Shopping Bags Attachment 2 – Summary of Community Feedback from June 5th Meeting and Other Community Outreach Attachment 3 - City of Chicago Approved Ordinance SO2014-1521 and summary table Attachment 4 - Bag reduction strategies, alternatives and example cities 4 310 of 728 7/8/2014 66-O-14 AN ORDINANCE Adding Chapter 25 to Title 8 of the Evanston City Code Regulating Disposable Plastic Shopping Bags SECTION 1: Legislative Statement. The City of Evanston (the “City”) determined that the production, use, and disposal of disposable plastic shopping bags have significant adverse impacts on the environment. The City determined that to discourage and decrease the use of disposable plastic shopping bags within the City, it is necessary to regulate such use. The City Strategic Plan, adopted pursuant to Resolution 21-R-06, states that the City’s Natural Resources Vision is to be known as “the Green City” and commits the City to embracing the best ecological practices and policies in government, services and infrastructure. The City’s Strategic Plan has a goal to “protect and optimize the City’s natural resources and built environment, leading by example through sustainable practices and behaviors,” with the specific objective to “identify and utilize new practices that will improve the quality of life and enhance the City’s sustainability. In recognition of the City Strategic Plan’s goals and the need to regulate the use of disposable plastic shopping bags, this ordinance hereby creates a process to regulate disposable plastic shopping bags. Article VII, Section (6)a of the Illinois Const itution of 1970 states that, “a home rule unit may exercise any power and perform any function pertaining to its government and affairs.” As a home rule unit, the City of Evanston’s powers shall be construed liberally. Scadron v. City of Des Plaines, 153 Ill.2d 164 (1992). This ordinance 311 of 728 66-O-14 ~2~ is presumed constitutional and the burden of rebutting that strong presumption is on the party challenging the validity of the statute to clearly demonstrate a constitutional violation. Napleton v. Village of Hinsdale, 229 Ill.2d 296, 306 (2008). It is well-settled law in Illinois that the legislative judgment of the City Council must be considered presumptively valid. Glenview State Bank v. Village of Deerfield, 213 Ill.App.3d 747, (2nd Dist. 1991). A court has a duty to uphold the constitutionality of a statute/ordinance when reasonably possible, and if a statute’s/ordinance’s construction is doubtful, the court will resolve the doubt in favor the statute’s/ordinance’s validity. Id. citing to People ex rel. Sherman v. Cryns, 203 Ill.2d 264, 291 (2003). The City Council finds that that there is a compelling governmental interest in implementing reasonable regulations on the use of disposable plastic shopping bags within the City of Evanston and that such regulations are essential to discourage and decrease the use of disposable plastic shopping bags within the City . Said regulations are in the best interest of the health, safety, and welfare of City residents and these regulations reduce the adverse impacts of disposable plastic shopping bags on the environment and the City. SECTION 2: Ordinance 66-O-14 shall be in full force and effect, as follows: (A) With regard to individual stores subject to this Ordinance with a floor area whose square footage exceeds 10,000 feet, this Ordinance shall take full force and effect on August 1, 2015. 312 of 728 66-O-14 ~3~ (B) With regard to individual stores subject to this Ordinance with a floor area whose square footage is 10,000 feet or less, this Ordinance shall take full force and effect on August 1, 2016. SECTION 3: Title 8 of the Evanston City Code of 2012, is hereby amended to add Chapter 25 as follows: 8-25-1: TITLE: This Chapter shall be titled and referred to as the “Plastic Shopping Bag Ordinance.” 8-25-2: PURPOSE AND INTENT: The purpose of this Chapter is to discourage the generation of waste in the form of disposable plastic shopping bags by creating regulations to discourage and decrease the use of disposable plastic shopping bags. 8-25-3: DEFINITIONS: For the purposes of this Chapter, the words and terms listed shall have the meanings ascribed to them in this Section: CHAIN STORE ORGANIZATION. (1) Three or more stores having common ownership, or (2) any store, regardless of ownership, that is part of a franchise. COMPOSTABLE PLASTIC BAG. Any bag that (1) when placed with other biodegradable or decaying natural materials will be broken down into simple organic components by biological processes, and (2) meets the current American Society for Testing and Materials (ASTM) D6400 Standard Specification for Compostable Plastics, and (3) has been certified as a compostable product by the Biodegradable Products Institute ("BPI"), as evidenced by the presence on the bag of the BPI Commercial Logo, indicating that the bag is "commercially compostable" or "compostable in an industrial composting facility." CUSTOMER. Any person purchasing goods from a store. 313 of 728 66-O-14 ~4~ DISPOSABLE PLASTIC SHOPPING BAG(S). Any bag made predominantly of plastic derived from either petroleum or a biologically based source, such as corn or other plant sources, which is provided to a customer at the point of sale. The term "disposable plastic shopping bag" includes (1) degradable plastic bags, and (2) biodegradable plastic bags that are not commercially compostable. The term "disposable plastic shopping bag" does not include (i) commercially compostable plastic bags, (ii) reusable bags, (iii) produce bags, or (iv) product bags. As used in this definition: The term "produce bag" or "product bag" means any bag without handles used exclusively to carry produce, meats or other food items to the point of sale inside a store or to prevent such food items from coming into direct contact with other purchased items. OPERATOR. The person in control of, or having the responsibility for, the operation of a store, which may include, but is not limited to, the owner of the store. RECYCLABLE. Material that can be sorted, cleansed, and reconstituted using available recycling collection programs for the purpose of using the altered form in the manufacture of a new product. As used in this definition, the term "recycling" does not include burning, incinerating, converting or otherwise thermally destroying solid waste. RECYCLABLE PAPER BAG(S). A paper bag that meets all of the following requirements: (1) contains no old growth fiber; (2) is one hundred percent (100%) recyclable overall and contains a minimum of forty percent (40%) post-consumer recycled material; (3) is capable of composting, consistent with the timeline and specifications of the American Society for Testing and Materials (ASTM) D6400 Standard Specification for Compostable Plastics; (4) is accepted for recycling in curbside programs in the county; (5) has printed on the bag the name of the manufacturer, the location (country) where 314 of 728 66-O-14 ~5~ the bag was manufactured, and the percentage of post-consumer recycled material used; and (6) displays the word "Recyclable" in a highly visible manner on the outside of the bag. POST-CONSUMER RECYCLED MATERIAL. A material that would otherwise be destined for solid waste disposal, having completed its intended end use and product life cycle. The term "post- consumer recycled material" does not include materials and by-products generated from, and commonly reused within, an original manufacturing and fabrication process. REUSABLE BAG. A bag with handles that is specifically designed and manufactured for multiple reuse and meets all of the following requirements: (1) has a minimum lifetime of 125 uses which, for purposes of this definition, means the capability of carrying a minimum of 22 pounds 125 times over a distance of at least 175 feet; (2) has a minimum volume of 15 liters; (3) is machine washable or is made from a material that can be cleaned or disinfected; (4) does not contain lead, cadmium, or any other heavy metal in toxic amounts; (5) has printed on the bag, or on a tag that is permanently affixed to the bag, the name of the manufacturer, the country where the bag was manufactured, a statement that the bag does not contain lead, cadmium, or any other heavy metal in toxic amounts, and the percentage of postconsumer recycled material used, if any; and (6) if made of plastic, is a minimum of at least 2.25 mils thick. STORE. A retail establishment, other than an establishment set forth in Section 8-25-4, which sells perishable or non-perishable goods, including but not limited to establishments operating under the following uses as defined in Section 6-18- 3: Commercial Shopping Center, Food Store Establishment, Pawn Broker, Retail Goods Establishment, or Retail Services 315 of 728 66-O-14 ~6~ Establishment. 8-25-4: EXEMPTIONS: This Chapter shall not apply to (1) any dine-in or take-out restaurant, or (2) any store that is not a chain store organization. 8-25-5: DISPOSABLE PLASTIC SHOPPING BAGS PROHIBITED: No store shall provide a disposable plastic shopping bag to any customer for the purpose of enabling the customer to carry away goods from the point of sale. 8-25-6: TYPES OF CARRYOUT BAGS REQUIRED: Each operator shall provide reusable bags, recyclable paper bags or commercially compostable plastic bags, or any combination thereof, to customers for the purpose of enabling the customer to carry away goods from the point of sale. Provided, however, that this Section shall not apply if the operator does not provide disposable plastic shopping bags of any type to its customers. 8-25-7: PERMITTED BAGS: Nothing in this Chapter shall be construed to prohibit customers from using bags of any type that the customer brings to the store for their own use or from carrying away from the store goods that are not placed in a bag provided by the store. 8-25-8: PENALTIES: Any person who violates any provision of this Chapter shall be subject to a fine of $150.00 per each offense. 8-25-9: ENFORCEMENT: The City of Evanston Health Department and the City of Evanston Community Development Department are authorized to enforce this section. SECTION 4: All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 5: The findings in this Ordinance, and the legislative Record, are declared to be prima facie evidence of the law of the City of Evanston, and shall be 316 of 728 66-O-14 ~7~ received in evidence as provided by the Illinois Compiled Statutes and the courts of the State of Illinois. SECTION 6: If any provision of this ordinance or application thereof to any person or circumstance is ruled unconstitutional or otherwise invalid, such invalidity shall not affect other provisions or applications of this ordinance that can be given effect without the invalid application or provision, and each invalid provision or invalid application of this ordinance is severable. Introduced: _________________, 2014 Adopted: ___________________, 201 4 Approved: __________________________, 2014 _______________________________ Elizabeth B. Tisdahl, Mayor Attest: _______________________________ Rodney Greene, City Clerk Approved as to form: ______________________________ W. Grant Farrar, Corporation Counsel 317 of 728 Community Discussions and Public Meeting Shopping Bag Reduction Options City of Evanston Summary of Feedback and Comments June 2014 Summary of Community Feedback: Feedback was collected from the Levy Senior Center, Fleetwood-Jourdain Community Center, and a community meeting and presentation at the Ecology Center on June 5, 2014. Information presented and feedback collected was based on general impacts and strategies for single-use bag reduction rather than in response to a specific ordinance or proposed action. Community Meeting: The meeting was attended by over 30 community members, primarily residents and a few industry representatives. The meeting was publicized through posters and regular digital outlets. Letters were also delivered by hand to approximately 30 businesses in Evanston that would potentially be impacted by bag ordinance similar to Chicago’s. The primary representative of local businesses at the meeting was Dick Peach, President of the Evanston Chamber of Commerce. Though the overarching opinions on specific actions to take varied greatly, there was a general concern and awareness about the impact of bags and agreement that there should be more education and awareness of these issues. The majority of attendees seemed to support increased education and point out that people respond to incentives. One of the most recurring topics that came up in the meeting was the need for more data and information for the specific impacts on Evanston and the overall use of bags in Evanston as well as the importance of establishing some kind of baseline. Equity concerns were raised in regards to the inequitable impacts on already disadvantaged populations (in additional costs for both bags and possibly buying extra garbage bags) as well as the best way to track and account for these possible inequitable impacts. Recycling was a topic that was brought up as an important strategy to reduce the negative impacts of plastic bags, pointing out that it was people’s behavior not the fault of the bag itself as well as concern over the available facilities to promote it. Others pointed out that they supported increased recycling, but that this didn’t address the problems in the long term and previous examples hadn’t been very successful. Attachment 2 318 of 728 There was a fair number of people in attendance who supported taking action to reduce the impacts of disposable bags, but were against an outright ban. Opinions ranged from believing that this was too strong of a government action/involvement to a concern it could spark resentment and wanting to promote positive incentives instead to wanting more data and proof that this would be the best alternative to believing that people should have the choice to meet their own needs. Those in favor of a ban pointed to the fact that legislation is also education in raising awareness and changing behavior and that it’s not an “either or” debate, its importance as a first step in promoting broader waste reduction goals, its previous success in other cities and other parts of the world, and broader symbolic commitment and leadership from Evanston. There seemed to be a general belief of those who attended that the implementation of action should include education, reminders and assistance and some kind of safety net to make it as easy as possible for people to change their behavior. Informal Questions: Staff used several informal questions to seek feedback from the meeting attendees and community members at Fleetwood-Jourdian Community Center and Levy Senior Center. The majority of people who provided feedback reported that they already own reusable bags. Many people prefer them to plastic and paper because they are more sturdy and reliable (reusable bags were considered the most preferable if cost is not an issue). In everyday shopping, plastic still is widely used because of its convenience and because it can be reused (along with paper bags) for a range of functions, such as to pick up dog waste or as garbage bag liners. Paper bags were more likely to be recycled but also less likely to be reused. A percentage of both paper and plastic bags still end up in the trash. The vast majority of people expressed concern for the negative impact of plastic bags, especially in regards to impact on local ecosystems and wildlife, increased litter, and because they are overused and wasted. There were also some concerns with reusable bags with the most commonly cited being hygiene concerns with their reuse and because they’re hard to remember to bring. In regards to efforts to promote the increased use of reusable bags, giving away free reusable bags was a top response followed by a plastic bag ban, increased signage at stores, educational outreach about the impacts of bags and finally charging for both paper and plastic single-use bags. 319 of 728 Chicago Ordinance Summary Ordinance SO2014-1521 Approved April 30, 2014 Categories/Requirements Chicago Ordinance Plastic Bags Bans single-use plastic bags, allows compostable bags that meet specific requirements. Paper Bags Required to be 100% recyclable, compostable and with at least 40% post-consumer recycled content. Reusable Bags A bag with handles that is specifically designed and manufactured for multiple reuse and meets specific re-use requirements. Stores Applies to all chain and franchise stores. Chain stores defined as three or more stores having common ownership. Exemptions Does not apply to dine-in or carry-out restaurants , family-owned stores to other bulk bags, packaging, etc. Phasing Effective August 2015 Phase 1: Stores greater than 10,000 ft Effective August 2016 Phase 2: Stores less than 10,000 ft Enforcement The department of public health, business affairs and consumer protection are authorized to enforce this section. Violations Fines of $100-300, $300-500 Education Not addressed. Budget/costs Not addressed. Additional Retailers would have the option of charging for paper or compostable plastic bags. Attachment 3 320 of 728 City of Chicago Office of the City Clerk Document Tracking Sheet SO2014-1521 Meeting Date: Sponsor(s): Type: Title: Committee(s) Assignment: 3/5/2014 Moreno (1) Cardenas (12) Austin (34) O'Shea (19) Ordinance Amendment of Municipal Code Chapter 11-4 by adding Article XXIII to prohibit retail establishments from providing customers with plastic carryout bags from waste stream Committee on Health and Environmental Protection 321 of 728 SUBSTITUTE ORDINANCE WHEREAS, The City Council of the City of Chicago seeks to reduce the toxicity of waste materials in the solid waste stream that are directed to resource recovery and sanitary landfill facilities, and to maximize the removal of plastic carryout bags from the waste stream; and WHEREAS, The City Council finds that plastic carryout bags are not biodegradable, which means that these bags ultimately break down into smaller bits that contaminate soil and waterways and enter into the food supply that animals and marine life ingest; and I WHEREAS, The production of plastic bags worldwide requires the use of more than 12 million baiTels of oil per year, which also has a significant environmental impact; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CHICAGO: SECTION 1. Chapter 11 -4 of the Municipal Code of Chicago is hereby amended by inserting'a new Article XXIll, as follows: ARTICLE XXIIL RETAIL BAG USE 11-4-4000 Definitions. As used in this Article XXII1: j "Chain store organization" means (1) three or more stores having common ownership, or (2) any store, regardless of ownership, that is part of a franchise. "Commissioner" means the commissioner of health of the City of Chicago. "Compostable plastic bag" means any bag that (1) when placed with other biodegradable or decaying natural materials will be broken down into simple organic components by biological processes, and (2) meets the current American Society for Testing and Materials (ASTM) D6400 Standard Specification for Compostable Plastics, and (3) has been certified as a compostable product by the Biodegradable Products Institute ("BPI") or other independent, testing organization approved by the commissioner, as evidenced by the presence on the bag ofthe BPI 322 of 728 Commercial Logo or other logo approved by the commissioner, indicating that the bag is "commercially compostable" or "compostable in an industrial composting facility." "Customer(s)" means any person purchasing goods from a store. "Operator" means the person in control of, or having the responsibility for, the operation of a store, which may include, but is not limited to, the owner of the store. "Plastic carryout bag(s)" means any bag made predominantly of plastic derived from either petroleum or a biologically based source, such as corn or other plant sources, which is provided to a customer at the point of sale. The term "plastic carryout bag" includes (1) degradable plastic bags, and (2) biodegradable plastic bags that are not commercially compostable. The term "plastic carryout bag" does not include (i) commercially compostable plastic bags, (ii) reusable bags, (iii) produce bags, or (iv) product bags. As used in this definition: The term "produce bag" or "product bag" means any bag without handles used exclusively to carry produce, meats or other food items to the point of sale inside a store or to prevent such food items from coming into direct contact with other purchased items. "Recyclable" means material that can be sorted, cleansed, and reconstituted using available recycling collection programs for the purpose of using the altered form in the manufacture ofa new product. As used in this definition, the term "recycling" does not include burning, incinerating, converting or otherwise thermally destroying solid waste. "Recyclable paper bag(s)" means a paper bag that meets all ofthe following requirements: (1) contains no old growth fiber; (2) is one hundred percent (100%) recyclable overall and contains a minimum of forty percent (40%) post-consumer recycled material; (3) is capable of composting, consistent with the timeline and specifications of the American Society for Testing and Materials (ASTM) D6400 Standard Specification for Compostable Plastics; (4) is accepted for recycling in curbside programs in the county; (5) has printed on the bag the name of the manufacturer, the location (country) where the bag was manufactured, and the percentage of post-consumer recycled material used; and (6) displays the word "Recyclable" in a highly visible manner on the outside of the bag. "Post-consumer recycled material" means a material that would otherwise be destined for solid waste disposal, having completed its intended end use and product life cycle. The term "post-consumer recycled material" does not include materials and by-products generated from, and commonly reused within, an original manufacturing and fabrication process. "Reusable bag" means a bag with handles that is specifically designed and manufactured for multiple reuse and meets all ofthe following requirements: (1) has a minimum lifetime of 2 323 of 728 125 uses which, for purposes of this definition, means the capability of carrying a minimum of 22 pounds 125 times over a distance of at least 175 feet; (2) has a minimum volume of 15 liters; (3) is machine washable or is made from a material that can be cleaned or disinfected; (4) does not contain lead, cadmium, or any other heavy metal in toxic amounts; (5) has printed on the bag, or on a tag that is permanently affixed to the bag, the name of the manufacturer, the country where the bag was manufactured, a statement that the bag does not contain lead, cadmium, or any other heavy metal in toxic amounts, and the percentage of postconsumer recycled material used, if any; and (6) if made of plastic, is a minimum of at least 2.25 mils thick. "Store" means a retail establishment, other than an establishment set forth in Section 11-4-4010, that sells perishable or non-perishable goods, including, but not limited to, clothing, food and personal items, directly to the customer. 11-4-4010 Exemptions. This Article XIII shall not apply to (1) any dine-in or take-out restaurant, or (2) any store that is not a chain store organization. ; 11-4-4020 Plastic carryout bags prohibited. No store shall provide a plastic carryout bag to any customer for the purpose of enabling the customer to carry away goods from the point of sale. 11-4-4030 Types of carryout bags required. Each operator shall provide reusable bags, recyclable paper bags or commercially compostable plastic bags, or any combination thereof, to customers for the purpose of enabling the customer to carry away goods from the point of sale. Provided, however, that this section shall not apply if the operator does not provide carryout bags of any type to its customers. U-4-4040 Permitted bags. Nothing in this Article XXIII shall be construed to prohibit customers from using bags of any type that the customer brings to the store for their own use or from carrying away from the store goods that are not placed in a bag provided by the store. 11-4-4050 Penalties - Enforcement. 324 of 728 (a) Any person who violates Section 11-4-4020 shall be subject to a fine of not less than $300.00 nor more than $500.00 for each offense. Each day that a violation continues shall constitute a separate and distinct offense. (b) Any person who violates Section 11-4-4030 shall be subject to a fine of not less than $100.00 nor more than $300.00 for each offense. Each day that a violation continues shall constitute a separate and distinct offense. (c) The department of public health and department of business affairs and consumer protection are authorized to enforce this section. SECTION 2. Section 7-30-020 of the Municipal Code of Chicago is hereby amended by inserting the language'underscored, as follows: 7-30-020 Recycling program requirements. (a) Every Except as otherwise provided in subsection (e) of this section, every operator shall establish an in-store recycling program that shall include, but need not be limited to, the following: (Omitled text i.s imaffected by this ordinance) (b) Each Except as otherwise provided in subsection (e) of this section, each operator or its designee shall maintain a copy of the annual report submitted to the Department in accordance with the requirements of Section 7-30-020(c). (c) Each Except as otherwise provided in subsection (e) of this section, each operator or its designee shall submit an annual report, sworn by an affidavit, to the Department covering the preceding calendar year, beginning with a report covering calendar year two thousand nine (2009) which shall state the following: (Omitted text is imajfected hy this ordinance) (e) This section shall not apply to the operator of any store meeting the requirements set forth in Sections 11-4-020 and 11-4-030. 325 of 728 SECTION 3. Upon its passage and publication, this ordinance shall take full force and effect, as follows: (a) With regard to individual stores subject to this ordinance with a floor area whose square footage exceeds 10,000 feet, this ordinance shall take l\ill force and effect on August 1, 2015. (b) With regard to individual stores subject to this ordinance with a floor area whose square footage is 10,000 feet or less, this ordinance shall take full force and effect on August 1, 2016. Alderman George A. Cardenas, 12'*^ Ward Alderman Carrie Austin, 34'" Ward Alderman Joe Moreno, 1 ^' Ward Alderman Matthew O'Shea, 19"" Ward 326 of 728 SUMMARY OF BAG REDUCTION STRATEGIES Overview of 4 Main Strategies •Plastic bag ban: o A bag ban completely eliminates the distribution of plastic bags and typically includes a requirement that specifies a certain recycled content of paper bags and/or a fee to reduce their environmental impacts as well. Many cities, especially in California, have implemented a plastic bag ban because of legal impediments to issuing a fee on plastic bags and/or because plastics represent the largest local threat and cost. •Fee for plastic and/or paper bags: o Charging a fee for each disposable bag can help encourage shoppers to bring their own bags. Even a 5 cent fee can have a big impact, with a drop from 270 million bags to 55 million seen in Washington, DC in 2010. Additionally $2 million was collected in the first year which was used to clean up the Anacostia River. In a survey of DC business owners in 2011, 58% saw no change to business while 20% saw a positive effect on business. •Recycling programs or ordinances: o Some communities and states require retailers and/or bag manufacturers to provide bag recycling as plastic bag recycling is not available through curbside recycling programs. These recycling requirements can be stand-alone programs or can be coupled with a bag ban or fee to increase the effectiveness of these disposable bag reduction options. Recycling programs have challenges as energy and resources are still used to manufacture and transport bags and recycling rates typically are below 10% for states that have enacted recycling programs. •Educational “BringYourOwnBag (BYOB)” campaigns, bag credits and incentives: o Educational initiatives can be used to drive customer behavior by raising the level of awareness and understanding of the environmental and economic impacts of disposable bags. Educational programs can already be found in many stores in and around Evanston, and should continue to be pursued alongside of other disposable bag reduction options. By educating the public through various programs, you avoid penalizing consumers and instead create awareness and positive incentives to motivate behavior change. Attachment 4 327 of 728 SHOPPING BAG REDUCTION EFFORTS: Options and Alternatives for Non Fee/Ban Strategies Options: “As-is” Voluntary Reduction/ BYOBag Campaign Bag Reduction Ordinance/Resolution Recycling Requirement Ordinance Goal Promote existing efforts to reduce disposable bag use and increase use of reusable bags Work with local businesses, residents and non-profit partners to raise awareness and increase use of reusable bags Commit to a specific bag reduction target # or % Create mandatory plastic bag recycling program for all stores in Evanston that give away plastic bags Level of City Effort Low effort Low cost Low impact Low policy Medium cost Medium effort Low/medium impact Low policy Medium cost Medium effort Medium impact Medium policy Medium/high cost Medium effort Low/medium impact Medium policy Strategy • Plastic collection sites at big retailers • Promote credits, charges, reusable and no bag options • handouts and promotions • Assist residents’ efforts • Education and BYOBag Campaign including PR, educational outreach and “Evanston Bag” sale and purchase with stores • Voluntary reporting on bag distribution • Collect baseline numbers and track progress • Educational outreach component • Possible additional actions taken if targets not met • City to create program for smaller stores to participate • Stores 10,000 ft. and greater provide their own • PR campaign • Annual reporting Cost • Minimal free bag distribution $2500 for 1000 bags • Staff time for reporting and collection • City purchase of bags • Advertising and print materials (signage, etc.) • Estimated budget of $15,000 for robust 12-month education campaign and 5,000 reusable bag giveaway • Staff time for reporting and collection • City purchase of bags • Advertising and print materials (signage, etc.) • Estimated budget of $15,000 for robust 12-month campaign education and 5,000 reusable bag giveaway • Staff time for collecting • Retailer tracking, reporting and recycling • Bins/collection system • Estimated budget of $15,000 for robust 12-month education campaign and 5,000 reusable bag giveaway • Additional costs for bins and film recycling logistics possible 328 of 728 Examples: Voluntary/BYOBag Campaign Bag Reduction Ordinance Recycling Requirement Ordinance Notes: WSJ: “Why a Bag Tax Works Better Than a Reusable Bag Bonus” Wilmington Reusable Bag Education Initiative 2011 Voluntary BYOB program to reduce disposable bag use, focused on education and promotion • Put on by Wilton Go Green, a citizen non-profit group in partnership with Wilton Board • $2,500 grant • Objective of 50% use of reusable bags • At the heart of the initiative is a design contest with the winning design printed on 2,000 bags given away for free to promote reuse. Dubuque Bag Reduction Ordinance: In July 2011, the Dubuque City Council approved an initiative to reduce plastic shopping bag use by 90% by mid 2017 without a new city ordinance or a ban. • “2011 meeting, the Council adopted a plan to reduce single-use plastic checkout bag use 90% by 2017 and encourage the use of reusable shopping bags” • Amendment requiring semi-annual reporting beginning in 2012 with largest, then 2013, and 2014 for medium and small retailers Chicago Recycling Ordinance: The plastic bag recycling ordinance requires businesses that provide plastic bags to customers to do the following: 1. Print or display on every plastic carryout bag a message encouraging the reuse or recycling of plastic carryout bags. 2. Provide a bin for the collection of plastic bags and other film plastic that is visible and easily accessible to customers; 3. Make reusable bags available at or near where plastic carryout bags are dispensed 4. Recycle or reuse any plastic bags collected; 5. Submit an annual report to the Department of Business Affairs & Consumer Protection (BACP) with weight, location and cost for recycling the plastic bags. BYOBag Campaign: City outreach assistance through a BYOBag Campaign: posters, signs, buttons, and other program materials (fact sheet, staff training, in-store tips, etc.). Examples: Boulder, Austin, and many more. 2013 Report http://www.cityofchicago.org/content/dam/city/depts/bacp/Annual%20Plastic%20Bag%20Recycling%20Information/plasticbagandfilmplasticrecyclingordinance.pdf 2011= 1,043 businesses responses: 1,033,698 lbs at a cost of $127,517. 2011-2012= 725 total responses: 753,740.4 lbs. at a cost of $119,277.5 329 of 728 Education and Outreach Focus Strategies • Issues with voluntary bag reductions efforts, examples : http://www.surfrider.org/coastal-blog/entry/voluntary-plastic-bag-reductions-dont- work • List of efforts, etc.: http://www.allaboutbags.ca/reduction.html STRATEGY EXAMPLE Promote reusable bags: “reusable bag ordinance” San Mateo County: http://smchealth.org/sites/default/files/docs/EHS/RetailersFAQ .pdf Santa Fe http://www.santafenm.gov/reusable_bag_ordinance Reusable bag education program (sustainable jersey) http://www.sustainablejersey.com/?type=1336777436&tx_sjce rt_action%5BsjAction%5D%5B__identity%5D=507 Blog Portland http://www.banthebagspdx.com/?page_id=2 advocacy partnership to pass legislation NYC Bag it: Bag Share program (Santa Monica): “Share a bag” (stores donate too) http://www.smgov.net/Departments/OSE/Business/Share_a_B ag_Program.aspx Provide reusable bags: Range between 2,000-15,000+ “Pay the bag forward” (nonprofit partnership) (bay area): http://igotmybag.org/home.htm Bag education and art contest (Wilton): http://wiltongogreen.org/byobag-reusable-bag- educational-initiative/ info@wiltongogreen.org BYOB campaign BYOB campaign outline with costs of $24,500: http://www.wastediversion.org/files/managed/Document/570/ CCCSWA_BYOB_Proposal_FINAL.pdf Store report card http://www.citizenscampaign.org/campaigns/byob.asp Pledge to "Kick the Plastic Bag Habit" http://www.citizenscampaign.org/campaigns/byob.asp also portland? Recycling Central Stations Phoenix, Arizona in partnership with Food Marketing Alliance Fee options: 5-25 cents (typically about 10 cents in California), can go back to retailer or towards clean up/environmental non- profit/”reusable bag fund”/etc. Non-profit partnership Bay area “Lenten Plastic Bag Fast” Intercongregational Eco Working Group, Dubuque http://res-dbq.org/wp-content/uploads/2013/06/Green-Initiative-Notes- March.pdf http://www.clintonfranciscans.com/images/plastic%20bag%20presentation. pdf 330 of 728 EXAMPLE ORDINANCES AND STRATEGY: Location action Link/ordinance VOLUNTARY Bisbee, AZ In 2012, Bisbee issued an ordinance for a voluntary bag reduction program “trial period” that would be monitored and assessed by the city after 6 months. Partnerships to promote “Bag Central Station,” where residents can recycle their plastic bags, education, etc. 2013: decided on a ban • http://baglaws.com/ass ets/pdf/arizona_bisbee. pdf • http://www.scotie.org/ main-search- results/189-plastic-bag- reduction-program.html • http://www.svherald.co m/content/shar- porier/2013/07/17/3565 95 Phoenix, AZ Phoenix rolled out a voluntary reduction program in 2007, in partnership with the Arizona Food Marketing Alliance and the Arizona Retailers Association focusing on recycling (Bag Central Station) and encouraging reusable bags. “The city has also designed and distributed reusable cloth bags for residents to encourage alternatives to plastic bags. The city reports a 30 percent reduction in use and the program has spread statewide.” See: “Phoenix recycling program” document Dubuque, IA Voluntary Iowa City, IA Iowa city: outreach and education campaign BAN AND FEE San Francisco: First city in the US to adopt a bag ordinance. Multi-lingual education campaign and resources 17,00 free bags locally with recycled fabric by Western Textiles Focus on education and assistance, but includes warnings and fines between $100-500. Website:http://sfenvironme nt.org/article/prevent- waste/checkout-bag- ordinance article:http://digitalcommon s.law.ggu.edu/cgi/viewcont ent.cgi?article=1018&cont ext=gguelj LA City: SRCRD@lacit y.org (emailed) Whole website: “ LA City Bag” Bag design contest, “The LA Epic Reusable Bag Giveaway” a program to make and give out reusable bags in low- income neighborhoods. “Bring Your Own Bag” campaign” The city also made a pledge to give out 100,000 free reusable bags in each of the 15 City Council Website: http://lacitybag.com Article: http://ourweekly.com/news/ 2013/nov/18/outreach- campaign-giveaway- launched-ahead-plastic- /#.U6RNZNAo7cs 331 of 728 districts. (call for sponsors) Stores will be required to file quarterly reports on the number of paper bags given out, how much money the store receives for those bags and efforts to promote reusable bags. Austin: Austin, Texas, passed a voluntary reduction and recycling program in 2007, seeking a 50 percent reduction, but it achieved a 20 percent reduction. In March 2012, the Austin City Council approved a ban on disposable paper and plastic bags effective March 2013. Awareness campaign included efforts to reduce bag consumption, issue free and sell low-cost reusable bags to patrons, and provide free plastic bag recycling to customers. Then a recycling pilot project. Then ban. “Bring it Austin” campaign: signage requirements The ordinance will be enforced by the city of Austin mainly through educational measures and assistance in compliance, but can penalize businesses anywhere from $100 to $2,000 per violation as a last resort. The city of Austin has also undergone an extensive marketing program to boost support for the ordinance. Austin Resource Recovery, the department for trash and recycling, spent $850,000 on an ad campaign about the ban, as well as offering free training sessions to businesses. The city of Austin Art in Public Places collection has also been utilized in spreading the word about reusable bags through artwork. Finally, the city has conducted several reusable bag giveaways. Hardship, Alternative Compliance or Emergency Access exemption Partnered with Keep America Beautiful Campaign: http://www.keepaustinbeautiful.org/bag http://www.campaignfo rrecycling.org/sites/def ault/files/Austin_bag_or d_signed.pdf presentation: http://austintexas.gov/s ites/default/files/files/T rash_and_Recycling/pla stic_bags/Single_Use_B ag_Ord_-_Draft_3_- _Public_Forum_1_30_1 2.pdf documents: http://austintexas.gov/ department/single-use- carryout-bag-ordinance- documents http://bringitaustin.com /sites/default/files/uplo ads/docs/Shoppers_Fac tSheet.pdf San Jose Jo Zientek [San Jose] Officials in San Jose, Calif., says plastic bag litter has declined by 89 percent since its ban went into effect in 2012. http://www.sanjoseca.g ov/index.aspx?nid=1526 Hawaii County (2013) emailed Fee for plastic bags in 2013, banned in 2014 $56,304 contract with Out of the Sea Media Arts for educational campaigns and materials such as flyers, advertisements, banners and bags. 80 percent of shoppers were observed using News:http://westhawaiitod ay.com/sections/news/local -news/reusable-bag-use- shows-bag- ban%E2%80%99s- success.html website:http://www.hawaiiz 332 of 728 reusable shopping bags (before 13%) Public service announcements, posters, banners, checkout buttons, newspaper ad erowaste.org/reuse/plastic- bag-reduction- ordinance/#.U6NXkdAo7cs Sunnyvale, CA: 2011 "Bag It Forward" with Sunnyvale Community Services to collect and donate reusable bags. “city council appropriated $100,000. Nearly half was spent on the preparation of the EIR. The remaining was spent on several thousand reusable bags made in San Francisco from recycled fabric. The bags are distributed at promotional events.” EI Report: http://sunnyvale.ca.gov/Port als/0/Sunnyvale/ESD/Sunnyv aleBagOrdinanceFEIR-sm.pdf News: http://www.sustainablecityn etwork.com/topic_channels/ solid_waste/article_97f27ac a-fd09-11e1-8696- 0019bb30f31a.html Santa Monica (emailed Garret Wong: Josephine Miller) Provides workshops, and a “how to” packet with signage and employee instructions for all retailers. Publicity and advertising campaign will be initiated in order to provide public information and education to the community about the ban. Partnership between the City with The Santa Monica Chamber of Commerce, Bayside District, Business Improvement Districts, Buy Local Campaign, Non-profits and local businesses to provide distribution of reusable bags and education about caring for the Environment. City plans to purchase and distribute up to 25,000 free locally made reusable bags. Key partnerships with “buy local” and non-profits. “Share a bag” program and giveaway events Finances: $60,000 through June 30, 2011 – covered by current year savings  $115,000 for FY 11-12  $75,000 ongoing Presentation: http://www.smgov.net/de partments/council/agend as/2011/20110125/s2011 012507-A-7.pdf http://www.smgov.net/ Departments/OSE/Busi ness/Single- Use_Carryout_Bag_Ban. aspx Website: http://www.smgov.net/D epartments/OSE/Business /Single- Use_Carryout_Bag_Ban.as px Ordinance: Corvalis, Orgeon: scott.dybvad @corvallisor egon.gov (talked on phone) No business licenses so letter and stickers sent out to stores for point of sale with flyer for staff Bigger first (for education, small stores adapt) Few public meetings: what would this look like Outreach: Worked with newspaper, good community support for outreach (make a bag classes, logo design contest) Staff time, minimal costs for printing/etc. Pretty quick adaptation in first month Website (with history): http://www.corvallisore gon.gov/index.aspx?pag e=854 333 of 728 Eugene, Oregon Stephanie.Sc afa@ci.euge ne.or.us Links to history, reports, sruevy results, etc. online Print materials: logos, FAQ, signage, bag giveaways Update included consumer surveys, retailer conversations and solid waste customer satisfaction surveys Website: http://www.eugene- or.gov/index.aspx?nid=2060 History: http://www.eugene- or.gov/index.aspx?NID=24 10 LA County : http://dpw.lacounty.gov/epd/aboutthebag/ BAG FEES Boulder, CO (2012) Contact: Jamie Harkins, harkinsj@boul dercolorado.g ov “Disposable bag fee”: $.10 for paper and plastic--4 cents of the fee will remain with the retailer to cover compliance costs and promote reusable bag use/bag recycling and 6 cents will be remitted to the city. The fee proceeds will be used by the City of Boulder to provide education and outreach to the community, distribute free reusable bags (with a focus on low income populations), and cover administrative/enforcement costs. It will also be used to offset the impact of bag use, including contamination at the recycling facility, support for a waterway clean-up program and greenhouse gas/water impact credits. The fee is to be remitted quarterly with a return form that will be mailed to each affected business. “Brought it” campaign: 40,000 Brought It resuable bags given away (with logo design contest) with city partners. Rewards program • 68% drop in first 6 months https://bouldercolorado.g ov/lead/brought-it- boulder-reusable-bags Outlines city council process Successful/dramatic drop seen: 68% first 6 months http://www.dailycamera.c om/news/ci_25299673/b oulder:-disposable-bag- use-down-68-percent-in- wake-of-10cent-fee- Washington, DC Washington, D.C., placed a 5 cent fee per disposable plastic bag in 2009. The city reported 270 million bags used in 2009 compared to 55 million in 2010, an 80 percent reduction. The fee generated $150,000 for clean-up of the Anacostia River. Washington, D.C., officials report a 60 percent drop in household bag use in four years and fewer bags littering the streets. However, that city's tax revenue derived from the 5-cent fee have remained stable, indicating the use has not declined. GLOBAL European Union reduction target with different strategy options: 80% in decade http://www.theguardian.com/e nvironment/2014/mar/11/meps -back-plan-cut-plastic-bag-use 334 of 728 Resources: • San Francisco Suppliers Chart: Suppliers: http://www.sfenvironment.org/sites/default/files/fliers/files/sfe_zw_vendors_reusableplastic.pdf • LA County: Reusable Bag Suppliers: http://dpw.lacounty.gov/epd/aboutthebag/bagtesting.cfm\ • http://sunnyvale.ca.gov/Portals/0/Sunnyvale/ESD/Recycling/PlasticBag/Reusable%20Bag%2 0Suppliers.pdf • Non-profit supplier, LA: http://vetscorpsusa.org/hire-our-vets-to-sew-your-bags/ • More information on recycling/setting up a recycling site http://www.plasticfilmrecycling.org/ • Austin Bring it bag suppliers http://bringitaustin.com/bag-suppliers Conducted on complaint basis: Carried out by OSE inspectors as needed, Written warning for first violation, Administrative citation for subsequent, violations with fines graduated for repeat violations 335 of 728 For City Council meeting of July 14, 2014 Item A10 Ordinance 91-O-14: General Obligation Bond Issue for FY 2014 For Introduction To: Honorable Mayor and Members of the City Council From: Martin Lyons, Assistant City Manager/Chief Financial Officer Subject: Ordinance 91-O-14 Authorizing 2014 General Obligation Bond Issue Date: July 8, 2014 Recommended Action: Staff recommends City Council adoption of attached draft ordinance number 91-O-14 for the FY 2014 bond issuance in the not-to-exceed amount totaling $13,000,000. The ordinance will be completed and signed after the bond sale date, which is tentatively scheduled for July 31, 2014. Funding Source: The proposed $12,700,000 debt issuance is comprised of $9,680,000 of unabated general obligation (G.O) bonds, $2,950,000 of abated G.O. bonds, and estimated debt issuance costs totaling approximately $70,000 and is funded as summarized below: Funding Source Debt Type Amount 2014 Tax Levy Unabated 9,680,000$ Special Assessment Fund Abated 250,000$ Water Fund Abated 2,870,000$ Estimated Issuance Costs N/A 200,000$ TOTAL 13,000,000$ Summary: Staff recommends approval of the attached draft ordinance number 91-O-14 for the FY 2014 bond issuance totaling $13,000,000. As noted above, the proposed debt issuance is comprised of $9,680,000 of unabated general obligation (G.O) bonds, $3,070,000 of abated G.O. bonds, and estimated debt issuance costs totaling approximately $200,000. The breakdown of the proposed 2014 bond issuance by fund and type of debt is provided in the table below: Memorandum 336 of 728 Fund Unabated GO Bonds Abated GO Bonds Issuance Costs TOTAL Capital Improvements Fund 9,430,000 - 150,000 9,580,000 (Includes $1.1 million for Fire Ladder Truck) Special Assessment Fund 250,000 250,000 10,000 510,000 Water Fund - 2,870,000 40,000 2,910,000 TOTAL 9,680,000 3,120,000 200,000 13,000,000 As has been done previously, the City uses a parameters ordinance that provides a not to exceed limit for the bonds set at $13,000,000. This allows for any favorable issuance structure that is slightly above the par amount desired. The 2013 bond issue underwriting costs were totally offset by the premium value of the bonds. Staff proposes combining these bond issuances in an effort to minimize bond issuance costs for the City. The bond sale is planned for August 06, 2014 with an estimated closing date of August 21, 2014. A summary of the City’s current unabated debt and the impact of the proposed G.O. bond issuance are provided in the table below: Unabated Debt Summary Amount Beginning Unabated Debt 1/1/13 109,260,822 Beginning Unabated Debt (as of 1/1/14)107,899,949$ Proposed FY14 Unabated Debt Issuance 9,840,000 FY14 Unabated Debt Payment (7,584,927) Projected Year End Unabated Debt (through 12/31/14)110,155,022$ The City’s unabated debt limit per page 43 of the 2014 Adopted budget remains at $113,000,000. Capital Improvement Program The FY 2014 Capital Improvement Program (CIP) was approved on November 25, 2013. The Adopted 2014 CIP includes capital projects totaling approximately $8,330,000, and also $1,100,000 for the purchase of a replacement articulated fire department ladder truck, which is currently 24 years old. A summary of the projects budgeted in the Capital Improvement Fund to be funded by the 2014 G.O. debt issuance has been provided as an attachment to this report. Issuance costs are listed separately above. Special Assessment Fund The City’s Special Assessment Fund serves as a collection center for special assessments by residential homeowners for their share of the cost for alley paving. As 337 of 728 part of the 2014 G.O. debt issuance, staff proposes issuing bonds totaling $510,000 for the Special Assessment Fund 50% of which will be abated from the Special Assessment Fund. Water Fund The FY 2014 CIP includes $2,865,000 of Water Fund capital projects to be funded by general obligation debt. Staff recommends these projects be funded from $2,910,000 in G.O. bonds which will be abated from the Water Fund. Attachments List of 2014 Debt Funded CIP Projects 2014 Bond Ordinance 91-O-14 338 of 728 1 2 3 4 5 6 50 51 54 55 57 58 61 62 63 65 67 68 70 71 72 73 77 79 82 83 86 91 100 109 113 116 117 119 120 A B D K City of Evanston General Obligation Bond Projects - 2014 Sorted by Fund Funding Fund New Description Source Responsible FY14 Neighborhood Public Art Program GO Debt Capital Improvement 75,000 Crown Center Minor Projects GO Debt Capital Improvement 50,000 Engineering Services GO Debt Capital Improvement 475,000 Street Resurfacing - CIP GO Debt Capital Improvement 2,325,000 Lakefront - Lagoon Area Improvements GO Debt Capital Improvement 275,000 Central Street Sidewalk - Eastwood to Hartrey Design GO Debt Capital Improvement 100,000 Emerson/Ridge/Green Bay Intersection GO Debt Capital Improvement 150,000 Bridge Street Bridge Construction - McCormick to Brown GO Debt Capital Improvement 360,000 Bridge Rehab Isabella Phase II Design & Construction GO Debt Capital Improvement 150,000 Bridge Street Bridge Phase III - Construction Engineering GO Debt Capital Improvement 40,000 50 / 50 Sidewalk Replacement Program GO Debt Capital Improvement 250,000 CMAQ Chicago Avenue Signal Improvement Reimbursement GO Debt Capital Improvement 60,000 Neighborhood Traffic Calming & Pedestrian/Bike Accommodations GO Debt Capital Improvement 50,000 Pedestrian Safety, Pavement Marking, Streetlight Improvements GO Debt Capital Improvement 150,000 Animal Shelter Renovations GO Debt Capital Improvement 120,000 Baker Park Renovations GO Debt Capital Improvement 75,000 Chandler Center Study / Minor Improvements GO Debt Capital Improvement 250,000 Civic Center Boiler Building Renovations GO Debt Capital Improvement 120,000 Fire Station #2 Renovations GO Debt Capital Improvement 360,000 Fleetwood-Jourdain Study / Minor Improvements GO Debt Capital Improvement 250,000 Lakefront - Dempster Street Boat Rack Installations GO Debt Capital Improvement 75,000 Levy Center Renovations GO Debt Capital Improvement 100,000 Police - Fire Headquarters Renovations GO Debt Capital Improvement 50,000 Davis Streetscape / Resurfacing / Bike Lane - Asbury - Dodge GO Debt Capital Improvement 300,000 Dodge Ave Protected Bike Lane - Howard to Church (if grant funded)GO Debt Capital Improvement 120,000 Sheridan Road Improvement Project (Emerson to North City Limits)GO Debt Capital Improvement 250,000 Sheridan Road Signal Upgrade Project (Main to Burnham)GO Debt Capital Improvement 100,000 339 of 728 1 2 3 4 5 6 A B D K City of Evanston General Obligation Bond Projects - 2014 Sorted by Fund Funding Fund New Description Source Responsible FY14 123 130 131 132 134 135 136 137 143 144 145 146 147 154 156 157 158 159 160 161 162 163 165 166 171 172 173 Dempster Signals Phase II & III and Construction Engineering GO Debt Capital Improvement 59,000 Sheridan-Chicago Bike Path Phase I, II Engineering and Construction GO Debt Capital Improvement 37,458 Bike Plan Update GO Debt Capital Improvement 25,000 Isabella/Sheridan Rehabilitation Project (Wilmette Reimbursement)GO Debt Capital Improvement 280,000 Civic Center Security Improvements GO Debt Capital Improvement 300,000 ETHS/Dodge Ave Pedestrian Light Improvement GO Debt Capital Improvement 100,000 ETHS/Church St Bike Path GO Debt Capital Improvement 250,000 Ecology Center Renovations GO Debt Capital Improvement 100,000 Public Tree Inventory and Cityworks Implementation GO Debt Capital Improvement 250,000 Facilities Capital Improvement Contingency GO Debt Capital Improvement 250,000 SUBTOTAL 8,331,458 Fire Ladder Truck GO Debt Equipment Replacement 1,100,000 Alley Paving GO Debt Special Assessment 500,000 SUBTOTAL 500,000 AMR Radio Transmitter Replacement GO Debt Water 600,000 Master Meter and Chemical Feed Improvements GO Debt Water 430,000 Chlorination Equipment Replacement GO Debt Water - Standpipe Painting and Mixing Equipment GO Debt Water 1,250,000 Roof Improvement Projects GO Debt Water 585,000 SUBTOTAL 2,865,000 TOTAL - ALL FUNDS 12,796,458 340 of 728 ORDINANCE NUMBER 91-O-14 AN ORDINANCE providing for the issuance of one or more series of not to exceed $13,000,000 General Obligation Corporate Purpose Bonds, Series 2014, of the City of Evanston, Cook County, Illinois, for capital improvement purposes, authorizing the execution of one or more bond orders in connection therewith and providing for the levy and collection of a direct annual tax for the payment of the principal of and interest on said bonds. Introduced on the 14th day of July, 2014. Adopted by the City Council on the 28th day of July, 2014. Published in Pamphlet Form by Authority of the Corporate Authorities on the ____ day of July, 2014. Ordinance.3625741.01.03.B 2219681 341 of 728 TABLE OF CONTENTS SECTION HEADING PAGE PREAMBLES ......................................................................................................................................1 SECTION 1. DEFINITIONS ......................................................................................................2 SECTION 2. INCORPORATION OF PREAMBLES ......................................................................5 SECTION 3. DETERMINATION TO ISSUE BONDS ...................................................................5 SECTION 4. BOND DETAILS...................................................................................................5 SECTION 5. REGISTRATION OF BONDS; PERSONS TREATED AS OWNERS ...........................7 SECTION 6. BOOK ENTRY PROVISIONS.................................................................................8 SECTION 7. EXECUTION; AUTHENTICATION ......................................................................10 SECTION 8. REDEMPTION....................................................................................................11 SECTION 9. FORM OF BONDS ..............................................................................................17 SECTION 10. SECURITY FOR THE BONDS ..............................................................................23 SECTION 11. TAX LEVY; ABATEMENTS ...............................................................................23 SECTION 12. FILING WITH COUNTY CLERK .........................................................................24 SECTION 13. SALE OF BONDS; BOND ORDER(S); OFFICIAL STATEMENT ............................24 SECTION 14. CONTINUING DISCLOSURE UNDERTAKING .....................................................26 SECTION 15. CREATION OF FUNDS AND APPROPRIATIONS ..................................................27 SECTION 16. GENERAL TAX COVENANTS ............................................................................28 SECTION 17. CERTAIN SPECIFIC TAX COVENANTS ..............................................................29 -i- 342 of 728 SECTION 18. MUNICIPAL BOND INSURANCE ........................................................................32 SECTION 19. RIGHTS AND DUTIES OF BOND REGISTRAR ....................................................32 SECTION 20. DEFEASANCE....................................................................................................34 SECTION 21. PUBLICATION OF ORDINANCE .........................................................................35 SECTION 22. SEVERABILITY .................................................................................................35 SECTION 23. SUPERSEDER AND EFFECTIVE DATE ...............................................................36 LIST OF EXHIBITS A—FORM OF BOND ORDER B—CONTINUING DISCLOSURE UNDERTAKING -ii- 343 of 728 ORDINANCE NUMBER 91-O-14 AN ORDINANCE providing for the issuance of one or more series of not to exceed $13,000,000 General Obligation Corporate Purpose Bonds, Series 2014, of the City of Evanston, Cook County, Illinois, for capital improvement purposes, authorizing the execution of one or more bond orders in connection therewith and providing for the levy and collection of a direct annual tax for the payment of the principal of and interest on said bonds. PREAMBLES WHEREAS A. The City of Evanston, Cook County, Illinois (the “City”), has a population in excess of 25,000, and pursuant to the provisions of the 1970 Constitution of the State of Illinois and particularly Article VII, Section 6(a) thereof, is a home rule unit and as such may exercise any power or perform any function pertaining to its government and affairs, including, but not limited to, the power to tax and to incur debt. B. Pursuant to the home rule provisions of Section 6 of Article VII, the City has the power to incur debt payable from ad valorem property tax receipts or from any other lawful source and maturing within 40 years from the time it is incurred without prior referendum approval. C. The City Council of the City (the “Corporate Authorities”) has determined it is necessary and convenient for the public health, safety, and welfare to provide for capital improvements at various locations throughout the City, including certain capital expenditures as detailed for the year 2014 in the City’s Capital Improvement Plan, as adopted by the Corporate Authorities, and to pay expenses incidental to such improvements and costs of issuance of bonds for such purpose (such improvements and related expenses and costs being the “Capital Improvement Project”) at an estimated cost of approximately $13,000,000; and, there being no funds on hand and allocable to the purpose, the Corporate Authorities have determined it is 344 of 728 necessary and convenient to borrow not to exceed said sum of $13,000,000 at this time pursuant to the Act (as hereinafter defined) and, in evidence of such borrowing, to issue general obligation bonds of the City for such purpose in not to exceed such principal amount. NOW THEREFORE Be It Ordained by the City Council of the City of Evanston, Cook County, Illinois, in the exercise of its home rule powers, as follows: Section 1. Definitions. Words and terms used in this Ordinance shall have the meanings given them, unless the context or use clearly indicates another or different meaning is intended. Words and terms defined in the singular may be used in the plural and vice-versa. Reference to any gender shall be deemed to include the other and also inanimate persons such as corporations, where applicable. A. The following words and terms are as defined in the preambles. Capital Improvement Project City Corporate Authorities B. The following words and terms are defined as set forth. “Act” means the Illinois Municipal Code, as supplemented and amended, and also the home rule powers of the City under Section 6 of Article VII of the Illinois Constitution of 1970; and in the event of conflict between the provisions of the code and home rule powers, the home rule powers shall be deemed to supersede the provisions of the code; and, further, includes the Local Government Debt Reform Act, as amended. “Ad Valorem Property Taxes” means the real property taxes levied to pay the Bonds as described and levied in (Section 11 of) this Ordinance. “Bond Counsel” means Chapman and Cutler LLP, Chicago, Illinois. -2- 345 of 728 “Bond Fund” means the Bond Fund established and defined in (Section 15 of) this Ordinance. “Bond Moneys” means the Ad Valorem Property Taxes and any other moneys deposited into the Bond Fund and investment income held in the Bond Fund. “Bond Order” means a Bond Order as authorized to be executed by Designated Officers of the City as provided in (Section 13 of) this Ordinance, substantially in the form (with related certificates) as attached hereto as Exhibit A, and by which the final terms of the Bonds will be established. “Bond Purchase Agreement” means the contract for the sale of each Series of the Bonds by and between the City and the Purchaser, which shall be in each instance the Official Bid Form, as executed, in response to an Official Notice of Sale given by the City in connection with the public competitive sale of each Series of the Bonds. “Bond Register” means the books of the City kept by the Bond Registrar to evidence the registration and transfer of the Bonds. “Bond Registrar” means Wells Fargo Bank, N.A., a national banking association, having trust offices located in the City of Minneapolis, Minnesota, or its successors, in its capacity as bond registrar and paying agent under this Ordinance, or a substituted bond registrar and paying agent as hereinafter provided. “Bonds” means any of the one or more series of general obligation bonds of various names authorized to be issued by this Ordinance. “Book Entry Form” means the form of the Bonds as fully registered and available in physical form only to the Depository. “Code” means the Internal Revenue Code of 1986, as amended. -3- 346 of 728 “Continuing Disclosure Undertaking” means the undertaking by the City for the benefit of the Purchaser as authorized in (Section 14 of) this Ordinance and substantially in the form as attached hereto as Exhibit B. “County” means The County of Cook, Illinois. “County Clerk” means the County Clerk of the County. “Depository” means The Depository Trust Company, a limited purpose trust company organized under the laws of the State of New York, its successors, or a successor depository qualified to clear securities under applicable state and federal laws. “Designated Officers” means the City Manager and the Mayor, acting in concert. “Financial Advisors” means Public Financial Management, Inc. “Ordinance” means this Ordinance, numbered as set forth on the title page, and passed by the Corporate Authorities on the 28th day of July, 2014. “Purchase Price” means the price to be paid for the Bonds as set forth in a Bond Order, provided that no Purchase Price for any Series of Bonds shall be less than 99% of the par value, plus accrued interest from the date of issue to the date of delivery. “Purchaser” means, for any Series of Bonds, the winning bidder at competitive sale. “Record Date” means the 15th day of the month preceding any regular or other interest payment date occurring on the first day of any month and 15 days preceding any interest payment date occasioned by the redemption of Bonds on other than the first day of a month. “Series” means any of the one or more separate series of the Bonds authorized to be issued pursuant to this Ordinance. -4- 347 of 728 “Tax-exempt” means, with respect to a Series of Bonds, the status of interest paid and received thereon as excludable from gross income of the owners thereof for federal income tax purposes and as not included as an item of tax preference in computing the alternative minimum tax for individuals and corporations under the Code, but as taken into account in computing an adjustment used in determining the federal alternative minimum tax for certain corporations. “Term Bonds” means Bonds subject to mandatory redemption by operation of the Bond Fund and designated as term bonds herein. C. Definitions also appear in the above preambles or in specific sections, as appearing below. The table of contents preceding and the headings in this Ordinance are for the convenience of the reader and are not a part of this Ordinance. Section 2. Incorporation of Preambles. The Corporate Authorities hereby find that all of the recitals contained in the preambles to this Ordinance are true, correct, and complete and do incorporate them into this Ordinance by this reference. Section 3. Determination To Issue Bonds. It is necessary and in the best interests of the City to provide for the Capital Improvement Project, to pay all necessary or advisable related costs, and to borrow money and issue the Bonds for the purpose of paying a part of such costs. It is hereby found and determined that such borrowing of money is for a proper public purpose or purposes, is in the public interest, and is authorized pursuant to the Act; and these findings and determinations shall be deemed conclusive. Section 4. Bond Details. There shall be issued and sold the Bonds in one or more Series in the aggregate principal amount of not to exceed $13,000,000. The Bonds shall each be designated “General Obligation Corporate Purpose Bond, Series 2014” or such other name or names or series designations as may be appropriate and as stated in the Bond Order; be dated the -5- 348 of 728 date of issuance thereof or such other date or dates on or prior to the initial date of issuance as may be set forth in the Bond Order, if it is determined therein to be a date better suited to the advantageous marketing of the Bonds (the “Dated Date”); and shall also bear the date of authentication thereof. The Bonds shall be fully registered and in Book Entry Form, shall be in denominations of $5,000 or integral multiples thereof (but no single Bond shall represent principal maturing on more than one date), and shall be numbered consecutively within a Series in such fashion as shall be determined by the Bond Registrar. The Bonds shall become due and payable serially or as Term Bonds (subject to right of prior redemption if so provided in the Bond Order) on December 1 of the years in which the Bonds are to mature. The Bonds shall mature in the amounts and in the years as shall be set forth in the relevant Bond Order, provided, however, that (a) the final date of maturity of the Bonds shall not extend past December 1, 2034 and (b) the sum of the principal of and interest on the Bonds, and due (or subject to mandatory redemption) in any given annual period from December 2 to the following December 1 (a “Bond Year”) shall not exceed $1,100,000. Each Bond shall bear interest at a rate not to exceed five percent (5.0%) from the later of its Dated Date as herein provided or from the most recent interest payment date to which interest has been paid or duly provided for, until the principal amount of such Bond is paid or duly provided for, such interest (computed upon the basis of a 360-day year of twelve 30-day months) being payable on June 1 and December 1 of each year, commencing on June 1, 2015, or such other June 1 or December 1 not later than one year beyond the Dated Date as shall be provided in a relevant Bond Order. Interest on each Bond shall be paid by check or draft of the Bond Registrar, payable upon presentation thereof in lawful money of the United States of America, to the person in whose name such Bond is registered at the close of business on the applicable Record Date and mailed to the registered owner of the Bond as shown in the Bond Registrar or at such other address furnished in writing by such Registered -6- 349 of 728 Owner, or as otherwise may be agreed with the Depository for so long as the Depository or its nominee is the registered owner as of a given Record Date. The principal of the Bonds shall be payable in lawful money of the United States of America upon presentation thereof at the office of the Bond Registrar maintained for the purpose or at successor Bond Register or locality. Section 5. Registration of Bonds; Persons Treated as Owners. The City shall cause books (the “Bond Register” as defined) for the registration and for the transfer of the Bonds as provided in this Ordinance to be kept at the office of the Bond Registrar maintained for such purpose, which is hereby constituted and appointed the registrar of the City for the Bonds. The City shall prepare, and the Bond Registrar or such other agent as the City may designate shall keep custody of, multiple Bond blanks executed by the City for use in the transfer and exchange of Bonds. Subject to the provisions of this Ordinance relating to the Bonds in Book Entry Form, any Bond may be transferred or exchanged, but only in the manner, subject to the limitations, and upon payment of the charges as set forth in this Ordinance. Upon surrender for transfer or exchange of any Bond at the office of the Bond Registrar maintained for the purpose, duly endorsed by or accompanied by a written instrument or instruments of transfer or exchange in form satisfactory to the Bond Registrar and duly executed by the registered owner or an attorney for such owner duly authorized in writing, the City shall execute and the Bond Registrar shall authenticate, date, and deliver in the name of the transferee or transferees or, in the case of an exchange, the registered owner, a new fully registered Bond or Bonds of like Series and tenor, of the same maturity, bearing the same interest rate, of authorized denominations, for a like aggregate principal amount. The Bond Registrar shall not be required to transfer or exchange any Bond during the period from the close of business on the Record Date for an interest payment to the opening of business on such interest payment date or during the period of 15 days preceding the giving of notice of redemption of Bonds or to transfer or exchange any Bond all or any -7- 350 of 728 portion of which has been called for redemption. The execution by the City of any fully registered Bond shall constitute full and due authorization of such Bond, and the Bond Registrar shall thereby be authorized to authenticate, date and deliver such Bond; provided, however, the principal amount of Bonds of each Series and maturity authenticated by the Bond Registrar shall not at any one time exceed the authorized principal amount of Bonds for such Series and maturity less the amount of such Bonds which have been paid. The person in whose name any Bond shall be registered shall be deemed and regarded as the absolute owner thereof for all purposes, and payment of the principal of or interest on any Bond shall be made only to or upon the order of the registered owner thereof or his legal representative. All such payments shall be valid and effectual to satisfy and discharge the liability upon such Bond to the extent of the sum or sums so paid. No service charge shall be made to any registered owner of Bonds for any transfer or exchange of Bonds, but the City or the Bond Registrar may require payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in connection with any transfer or exchange of Bonds. Section 6. Book Entry Provisions. The Bonds shall be initially issued in the form of a separate single fully registered Bond for each Series and maturity bearing the same interest rate. Upon initial issuance, the ownership of each such Bond shall be registered in the Bond Register in the name of the Depository or a designee or nominee of the Depository (such depository or nominee being the “Book Entry Owner”). Except as otherwise expressly provided, all of the outstanding Bonds from time to time shall be registered in the Bond Register in the name of the Book Entry Owner (and accordingly in Book Entry Form as such term is used in this Ordinance). Any City officer, as representative of the City, is hereby authorized, empowered, and directed to execute and deliver or utilize a previously executed and delivered Letter of Representations or Blanket Letter of Representations (either being the “Letter of Representations”) substantially in -8- 351 of 728 the form common in the industry, or with such changes therein as the officer executing the Letter of Representations on behalf of the City shall approve, his or her execution thereof to constitute conclusive evidence of approval of such changes, as shall be necessary to effectuate Book Entry Form. Without limiting the generality of the authority given with respect to entering into such Letter of Representations, it may contain provisions relating to (a) payment procedures, (b) transfers of the Bonds or of beneficial interests therein, (c) redemption notices and procedures unique to the Depository, (d) additional notices or communications, and (e) amendment from time to time to conform with changing customs and practices with respect to securities industry transfer and payment practices. With respect to Bonds registered in the Bond Register in the name of the Book Entry Owner, none of the City, any City officer, or the Bond Registrar shall have any responsibility or obligation to any broker-dealer, bank, or other financial institution for which the Depository holds Bonds from time to time as securities depository (each such broker-dealer, bank, or other financial institution being referred to herein as a “Depository Participant”) or to any person on behalf of whom such a Depository Participant holds an interest in the Bonds. Without limiting the meaning of the immediately preceding sentence, the City, any City officer, and the Bond Registrar shall have no responsibility or obligation with respect to (a) the accuracy of the records of the Depository, the Book Entry Owner, or any Depository Participant with respect to any ownership interest in the Bonds, (b) the delivery to any Depository Participant or any other person, other than a registered owner of a Bond as shown in the Bond Register or as otherwise expressly provided in the Letter of Representations, of any notice with respect to the Bonds, including any notice of redemption, or (c) the payment to any Depository Participant or any other person, other than a registered owner of a Bond as shown in the Bond Register, of any amount with respect to principal of or interest on the Bonds. No person other than a registered owner of a Bond as shown in the Bond Register shall receive a Bond certificate -9- 352 of 728 with respect to any Bond. In the event that (a) the City determines that the Depository is incapable of discharging its responsibilities described herein and in the Letter of Representations, (b) the agreement among the City, the Bond Registrar, and the Depository evidenced by the Letter of Representations shall be terminated for any reason, or (c) the City determines that it is in the best interests of the City or of the beneficial owners of a Series of the Bonds either that they be able to obtain certificated Bonds or that another depository is preferable, the City shall notify the Depository and the Depository shall notify the Depository Participants of the availability of Bond certificates, and the Bonds (of a given Series if applicable) shall no longer be restricted to being registered in the Bond Register in the name of the Book Entry Owner. Alternatively, at such time, the City may determine that the Bonds of such Series shall be regis- tered in the name of and deposited with a successor depository operating a system accommodating Book Entry Form, as may be acceptable to the City, or such depository’s agent or designee, but if the City does not select such alternate book entry system, then the Bonds of such Series shall be registered in whatever name or names registered owners of Bonds transferring or exchanging Bonds shall designate, in accordance with the provisions of this Ordinance. Section 7. Execution; Authentication. The Bonds shall be executed on behalf of the City by the manual or duly authorized facsimile signature of its Mayor and attested by the manual or duly authorized facsimile signature of its City Clerk, as they may determine, and shall be impressed or imprinted with the corporate seal or facsimile seal of the City. In case any such officer whose signature shall appear on any Bond shall cease to be such officer before the delivery of such Bond, such signature shall nevertheless be valid and sufficient for all purposes, the same as if such officer had remained in office until delivery. All Bonds shall have thereon a certificate of authentication, substantially in the form provided, duly executed by the Bond -10- 353 of 728 Registrar as authenticating agent of the City and showing the date of authentication. No Bond shall be valid or obligatory for any purpose or be entitled to any security or benefit under this Ordinance unless and until such certificate of authentication shall have been duly executed by the Bond Registrar by manual signature, and such certificate of authentication upon any such Bond shall be conclusive evidence that such Bond has been authenticated and delivered under this Ordinance. Section 8. Redemption. The Bonds may be subject to redemption on the terms set forth below. A. Optional Redemption. If so provided in the relevant Bond Order, any Bonds may be subject to redemption prior to maturity at the option of the City, in whole or in part on any date, at such times and at such optional redemption prices as shall be determined by the Designated Officers in the relevant Bond Order. Such optional redemption prices shall be expressed as a percentage of the principal amount of Bonds to be redeemed, provided that such percentage shall not exceed one hundred percent (100%) plus accrued interest to the date of redemption. If less than all of the outstanding Bonds of a Series are to be optionally redeemed, the Bonds to be called shall be called from such Series, in such principal amounts, and from such maturities as may be determined by the City and within any maturity in the manner hereinafter provided. As provided in the Bond Order, some portion or all of the Bonds may be made not subject to optional redemption. B. Term Bonds; Mandatory Redemption and Covenants; Effect of Purchase or Optional Redemption of Term Bonds. The Bonds of any Series may be subject to mandatory redemption (as Term Bonds) as provided in a Bond Order; provided, however, that in such event the amounts due pursuant to mandatory redemption shall be the amounts used to satisfy the test set forth in (Section 4 of) this Ordinance for the maximum amounts of principal and interest due -11- 354 of 728 on the Bonds in any given Bond Year. Bonds designated as Term Bonds shall be made subject to mandatory redemption by operation of the Bond Fund at a price of not to exceed par and accrued interest, without premium, on December 1 of the years and in the amounts as shall be determined in a Bond Order. The City covenants that it will redeem Term Bonds pursuant to the mandatory redemption requirement for such Term Bonds. Proper provision for mandatory redemption having been made, the City covenants that the Term Bonds so selected for redemption shall be payable as at maturity, and taxes shall be levied and collected as provided herein accordingly. If the City redeems pursuant to optional redemption as may be provided or purchases Term Bonds of any maturity and cancels the same from Bond Moneys as hereinafter described, then an amount equal to the principal amount of Term Bonds so redeemed or purchased shall be deducted from the mandatory redemption requirements provided for Term Bonds of such maturity, first, in the current year of such requirement, until the requirement for the current year has been fully met, and then in any order of such Term Bonds as due at maturity or subject to mandatory redemption in any year, as the City shall determine. If the City redeems pursuant to optional redemption as may be provided or purchases Term Bonds of any maturity and cancels the same from moneys other than Bond Moneys, then an amount equal to the principal amount of Term Bonds so redeemed or purchased shall be deducted from the amount of such Term Bonds as due at maturity or subject to mandatory redemption requirement in any year, as the City shall determine. C. Redemption Procedures. Any Bonds subject to redemption shall be identified, notice given, and paid and redeemed pursuant to the procedures as follows. (1) Redemption Notice. For a mandatory redemption, unless otherwise notified by the City, the Bond Registrar will proceed on behalf of the City as its agent to provide for the mandatory redemption of such Term Bonds without further order or -12- 355 of 728 direction hereunder or otherwise. For an optional redemption, the City, shall, at least 45 days prior to any optional redemption date (unless a shorter time period shall be satisfactory to the Bond Registrar), notify the Bond Registrar of such redemption date and of the Series, principal amounts, and maturities of Bonds to be redeemed and, if applicable, the effect on any schedule of mandatory redemption of Term Bonds. (2) Selection of Bonds within a Maturity. For purposes of any redemption of less than all of the Bonds of a Series of a single maturity, the particular Bonds or portions of Bonds of that Series to be redeemed shall be selected by lot by the Bond Registrar for the Bonds of that Series of such maturity by such method of lottery as the Bond Registrar shall deem fair and appropriate; provided, that such lottery shall provide for the selection for redemption of Bonds or portions thereof so that any $5,000 Bond or $5,000 portion of a Bond shall be as likely to be called for redemption as any other such $5,000 Bond or $5,000 portion. The Bond Registrar shall make such selection (a) upon or prior to the time of the giving of official notice of redemption, or (b) in the event of a refunding or defeasance, upon advice from the City that certain Bonds have been refunded or defeased and are no longer Outstanding as defined. (3) Official Notice of Redemption. The Bond Registrar shall promptly notify the City in writing of the Bonds or portions of Bonds selected for redemption and, in the case of any Bond selected for partial redemption, the principal amount thereof to be redeemed. Unless waived by the registered owner of Bonds to be redeemed, official notice of any such redemption shall be given by the Bond Registrar on behalf of the City by mailing the redemption notice by first class U.S. mail not less than 30 days and not more than 60 days prior to the date fixed for redemption to each registered owner of the Bond or Bonds to be redeemed at the address shown on the Bond Register or at such -13- 356 of 728 other address as is furnished in writing by such registered owner to the Bond Registrar. All official notices of redemption shall include the name of the Bonds and at least the information as follows: (a) the redemption date; (b) the redemption price; (c) if less than all of the outstanding Bonds of a Series of a particular maturity are to be redeemed, the identification (and, in the case of partial redemption of Bonds of that Series within such maturity, the respective principal amounts) of the Bonds to be redeemed; (d) a statement that on the redemption date the redemption price will become due and payable upon each such Bond or portion thereof called for redemption and that interest thereon shall cease to accrue from and after said date; and (e) the place where such Bonds are to be surrendered for payment of the redemption price, which place of payment shall be the office designated for that purpose of the Bond Registrar. (4) Conditional Redemption. Unless moneys sufficient to pay the redemption price of the Bonds to be redeemed shall have been received by the Bond Registrar prior to the giving of such notice of redemption, such notice may, at the option of the City, state that said redemption shall be conditional upon the receipt of such moneys by the Bond Registrar on or prior to the date fixed for redemption. If such moneys are not received, such notice shall be of no force and effect, the City shall not redeem such Bonds, and the Bond Registrar shall give notice, in the same manner in which the notice of redemption -14- 357 of 728 was given, that such moneys were not so received and that such Bonds will not be redeemed. (5) Bonds Shall Become Due. Official notice of redemption having been given as described, the Bonds or portions of Bonds so to be redeemed shall, subject to the stated condition in the paragraph (4) immediately preceding, on the redemption date, become due and payable at the redemption price therein specified; and from and after such date (unless the City shall default in the payment of the redemption price) such Bonds or portions of Bonds shall cease to bear interest. Upon surrender of such Bonds for redemption in accordance with said notice, such Bonds shall be paid by the Bond Registrar at the redemption price. The procedure for the payment of interest due as part of the redemption price shall be as herein provided for payment of interest otherwise due. (6) Insufficiency in Notice Not Affecting Other Bonds; Failure to Receive Notice; Waiver. Neither the failure to mail such redemption notice, nor any defect in any notice so mailed, to any particular registered owner of a Bond, shall affect the sufficiency of such notice with respect to other registered owners. Notice having been properly given, failure of a registered owner of a Bond to receive such notice shall not be deemed to invalidate, limit, or delay the effect of the notice or redemption action described in the notice. Such notice may be waived in writing by a registered owner of a Bond entitled to receive such notice, either before or after the event, and such waiver shall be the equivalent of such notice. Waivers of notice by registered owners shall be filed with the Bond Registrar, but such filing shall not be a condition precedent to the validity of any action taken in reliance upon such waiver. In lieu of the foregoing official notice, so long as the Bonds are held in Book Entry Form, notice may be given as provided in the Letter of Representations; and the giving of such notice shall constitute a waiver by the -15- 358 of 728 Depository and the Book Entry Owner, as registered owner, of the foregoing notice. After giving proper notification of redemption to the Bond Registrar, as applicable, the City shall not be liable for any failure to give or defect in notice. (7) New Bond in Amount Not Redeemed. Upon surrender for any partial redemption of any Bond, there shall be prepared for the registered owner a new Bond or Bonds of like tenor, of authorized denominations, of the Series and the same maturity, and bearing the same rate of interest in the amount of the unpaid principal. (8) Effect of Nonpayment upon Redemption. If any Bond or portion of Bond called for redemption shall not be so paid upon surrender thereof for redemption, the principal shall become due and payable on demand, as aforesaid, but, until paid or duly provided for, shall continue to bear interest from the redemption date at the rate borne by the Bond or portion of Bond so called for redemption. (9) Bonds to Be Cancelled; Payment to Identify Bonds. All Bonds which have been redeemed shall be cancelled and destroyed by the Bond Registrar and shall not be reissued. Upon the payment of the redemption price of Bonds being redeemed, each check or other transfer of funds issued for such purpose shall bear the CUSIP number identifying, by issue and maturity, the Bonds being redeemed with the proceeds of such check or other transfer. (10) Additional Notice. The City agrees to provide such additional notice of redemption as it may deem advisable at such time as it determines to redeem Bonds, taking into account any requirements or guidance of the Securities and Exchange Commission, the Municipal Securities Rulemaking Board, the Governmental Accounting Standards Board, or any other federal or state agency having jurisdiction or authority in such matters; provided, however, that such additional notice shall be (a) advisory in -16- 359 of 728 nature, (b) solely in the discretion of the City (unless a separate agreement shall be made), (c) not be a condition precedent of a valid redemption or a part of the Bond contract, and (d) any failure or defect in such notice shall not delay or invalidate the redemption of Bonds for which proper official notice shall have been given. Reference is also made to the provisions of the Continuing Disclosure Undertaking of the City with respect to the Bonds, which may contain other provisions relating to notice of redemption of Bonds. (11) Bond Registrar to Advise City. As part of its duties hereunder, the Bond Registrar shall prepare and forward to the City a statement as to notices given with respect to each redemption together with copies of the notices as mailed. Section 9. Form of Bonds. The Bonds shall be in substantially the form hereinafter set forth; provided, however, that if the text of the Bonds is to be printed in its entirety on the front side of the Bonds, then the second paragraph on the front side and the legend “See Reverse Side for Additional Provisions” shall be omitted and the text of paragraphs set forth for the reverse side shall be inserted immediately after the first paragraph. -17- 360 of 728 [FORM OF BONDS - FRONT SIDE] REGISTERED REGISTERED NO. _____ $_________ UNITED STATES OF AMERICA STATE OF ILLINOIS THE COUNTY OF COOK CITY OF EVANSTON GENERAL OBLIGATION CORPORATE PURPOSE BOND, SERIES 2014 See Reverse Side for Additional Provisions. Interest Maturity Dated Rate: Date: December 1, ____ Date: __________ __, 2014 CUSIP: ________ Registered Owner: CEDE & CO. Principal Amount: KNOW ALL PERSONS BY THESE PRESENTS that the City of Evanston, Cook County, Illinois, a municipality, home rule unit, and political subdivision of the State of Illinois (the “City”), hereby acknowledges itself to owe and for value received promises to pay to the Registered Owner identified above, or registered assigns as hereinafter provided, on the Maturity Date identified above [(subject to right of prior redemption)], the Principal Amount identified above and to pay interest (computed on the basis of a 360-day year of twelve 30-day months) on such Principal Amount from the later of the Dated Date of this Bond identified above or from the most recent interest payment date to which interest has been paid or duly provided for, at the Interest Rate per annum identified above, such interest to be payable on June l and December 1 of each year, commencing June 1, 2015, until said Principal Amount is paid or duly provided for. The principal of this Bond is payable in lawful money of the United States of America upon presentation hereof at the office maintained for that purpose at Wells Fargo Bank, N.A., located in the City of Minneapolis, Minnesota, as paying agent and bond registrar (the “Bond -18- 361 of 728 Registrar”). Payment of interest shall be made to the Registered Owner hereof as shown on the registration books of the City maintained by the Bond Registrar at the close of business on the applicable Record Date. The Record Date shall be the 15th day of the month preceding any regular interest payment date or a redemption on the first day of any month and the 15th day preceding any other interest payment date which may be occasioned by a redemption of Bonds on a day other than the first day of any month. Interest shall be paid by check or draft of the Bond Registrar, payable upon presentation in lawful money of the United States of America, mailed to the address of such Registered Owner as it appears on such registration books, or at such other address furnished in writing by such Registered Owner to the Bond Registrar, or as otherwise agreed by the City and the Bond Registrar for so long as this Bond is held by a qualified securities clearing corporation as depository, or nominee, in Book Entry Form as provided for same. Reference is hereby made to the further provisions of this Bond set forth on the reverse hereof, and such further provisions shall for all purposes have the same effect as if set forth at this place. It is hereby certified and recited that all conditions, acts, and things required by the constitution and laws of the State of Illinois to exist or to be done precedent to and in the issuance of this Bond, including the Act, have existed and have been properly done, happened, and been performed in regular and due form and time as required by law; that the indebtedness of the City, represented by the Bonds, and including all other indebtedness of the City, howsoever evidenced or incurred, does not exceed any constitutional or statutory or other lawful limitation; and that provision has been made for the collection of a direct annual tax, in addition to all other taxes, on all of the taxable property in the City sufficient to pay the interest hereon as the same falls due and also to pay and discharge the principal hereof at maturity. -19- 362 of 728 This Bond shall not be valid or become obligatory for any purpose until the certificate of authentication hereon shall have been signed by the Bond Registrar. IN WITNESS WHEREOF the City of Evanston, Cook County, Illinois, by its City Council, has caused this Bond to be executed by the manual or duly authorized facsimile signature of its Mayor and attested by the manual or duly authorized facsimile signature of its City Clerk and its corporate seal or a facsimile thereof to be impressed or reproduced hereon, all as appearing hereon and as of the Dated Date identified above. _______________________________ Mayor, City of Evanston Cook County, Illinois ATTEST: ____________________________________ City Clerk, City of Evanston Cook County, Illinois [SEAL] -20- 363 of 728 [FORM OF AUTHENTICATION] CERTIFICATE OF AUTHENTICATION This Bond is one of the Bonds described in the within-mentioned Ordinance and is one of the General Obligation Corporate Purpose Bonds, Series 2014, having a Dated Date of ____ __, 2014, of the City of Evanston, Cook County, Illinois. WELLS FARGO BANK, N.A. Minneapolis, Minnesota as Bond Registrar Date of Authentication: ____________, 2014 By _______________________________ Authorized Officer [FORM OF BONDS - REVERSE SIDE] This bond is one of a series of bonds (the “Bonds”) in the aggregate principal amount of $_____________ issued by the City for the purpose of paying a part of the costs of the Capital Improvement Project, and of paying expenses incidental thereto, all as described and defined in Ordinance Number 91-O-14 of the City, passed by the City Council on the 28th day of July, 2014, authorizing the Bonds (as supplemented by the Bond Order authorized there in and executed in connection with the sale of the Bonds, the “Ordinance”), pursuant to and in all respects in compliance with the applicable provisions of the Illinois Municipal Code, as supplemented and amended, and as further supplemented and, where necessary, superseded, by the powers of the City as a home rule unit under the provisions of Section 6 of Article VII of the Illinois Constitution of 1970, and pursuant to the provisions of the Local Government Debt Reform Act, as amended (such code and powers, as supplemented, being the “Act”), and with the Ordinance, which has been duly executed by the Mayor, and published in pamphlet form, in all respects as by law required. -21- 364 of 728 This Bond is subject to provisions relating to redemption and notice thereof and other terms of redemption; provisions relating to registration, transfer, and exchange; and such other terms and provisions relating to security and payment as are set forth in the Ordinance; to which reference is hereby expressly made, and to all the terms of which the registered owner hereof is hereby notified and shall be subject. The City and the Bond Registrar may deem and treat the Registered Owner hereof as the absolute owner hereof for the purpose of receiving payment of or on account of principal hereof and interest due hereon and for all other purposes, and neither the City nor the Bond Registrar shall be affected by any notice to the contrary. [FORM OF ASSIGNMENT] ASSIGNMENT FOR VALUE RECEIVED, the undersigned sells, assigns and transfers unto Here insert Social Security Number, Employer Identification Number or other Identifying Number. ______________________________________________________________________________ ______________________________________________________________________________ (Name and Address of Assignee) the within Bond and does hereby irrevocably constitute and appoint ______________________________________________________________________________ as attorney to transfer the said Bond on the books kept for registration thereof with full power of substitution in the premises. Dated: ______________________________ ______________________________ Signature guaranteed: ______________________________ NOTICE: The signature to this transfer and assignment must correspond with the name of the Registered Owner as it appears upon the face of the within Bond in every particular, without alteration or enlargement or any change whatever. -22- 365 of 728 Section 10. Security for the Bonds. The Bonds are a general obligation of the City, for which the full faith and credit of the City are irrevocably pledged, and are payable from the levy of the Ad Valorem Property Taxes on all of the taxable property in the City, without limitation as to rate or amount. Section 11. Tax Levy; Abatements. For the purpose of providing funds required to pay the interest on the Bonds promptly when and as the same falls due, and to pay and discharge the principal thereof at maturity or as subject to mandatory redemption, there is hereby levied upon all of the taxable property within the City, in the years for which any of the Bonds are outstanding, a direct annual tax sufficient for that purpose for each Series of Bonds; and there is hereby levied upon all of the taxable property within the City, in the years for which any of the Bonds are outstanding, a direct annual tax (the “AD VALOREM PROPERTY TAXES” as defined) as shall be fully set forth in the Bond Order for each Series of the Bonds. Ad Valorem Property Taxes and other moneys on deposit in the Bond Fund from time to time (“Bond Moneys” as herein defined) shall be applied to pay principal of and interest on the Bonds. Interest on or principal of the Bonds coming due at any time when there are insufficient Bond Moneys to pay the same shall be paid promptly when due from current funds on hand in advance of the deposit of the Ad Valorem Property Taxes; and when the Ad Valorem Property Taxes shall have been collected, reimbursement shall be made to said funds in the amount so advanced. The City covenants and agrees with the purchasers and registered owners of the Bonds that so long as any of the Bonds remain outstanding the City will take no action or fail to take any action which in any way would adversely affect the ability of the City to levy and collect the Ad Valorem Property Taxes. The City and its officers will comply with all present and future applicable laws in order to assure that the Ad Valorem Property Taxes may lawfully be levied, extended, and collected as provided herein. In the event that funds from any other lawful source are made -23- 366 of 728 available for the purpose of paying any principal of or interest on the Bonds so as to enable the abatement of the taxes levied herein for the payment of same, the Corporate Authorities shall, by proper proceedings, direct the transfer of such funds to the Bond Fund, and shall then direct the abatement of the taxes by the amount so deposited. The City covenants and agrees that it will not direct the abatement of taxes until money has been deposited into the Bond Fund in the amount of such abatement. A certified copy or other notification of any such proceedings abating taxes may then be filed with the County Clerk in a timely manner to effect such abatement. Section 12. Filing with County Clerk. Promptly, after this Ordinance becomes effective and upon execution of the first Bond Order, a copy hereof, certified by the City Clerk, together with said Bond Order, shall be filed with the County Clerk. Under authority of this Ordinance, the County Clerk shall in and for each of the years as set forth in each and every Bond Order ascertain the rate percent required to produce the aggregate Ad Valorem Property Taxes levied in each of such years; and the County Clerk shall extend the same for collection on the tax books in connection with other taxes levied in such years in and by the City for general corporate purposes of the City; and in each of those years such annual tax shall be levied and collected by and for and on behalf of the City in like manner as taxes for general corporate purposes for such years are levied and collected, without limit as to rate or amount, and in addition to and in excess of all other taxes. Section 13. Sale of Bonds; Bond Order(s); Official Statement. A. The Designated Officers are hereby authorized to proceed, without any further official authorization or direction whatsoever from the Corporate Authorities, to sell and deliver Bonds as herein provided. The Designated Officers shall be and are hereby authorized and directed to sell the Bonds to the Purchaser at not less than the Purchase Price, provided, however, that the following conditions shall also be met: -24- 367 of 728 (1) The Purchaser shall be the winning bidder at public competitive sale of the Bonds. (2) The Financial Advisors shall provide advice (in the form of written certificate or report) that the terms of the Bonds are fair and reasonable in light of current conditions in the market for obligations such as the Bonds. Nothing in this Section shall require the Designated Officers to sell the Bonds if in their judgment the conditions in the bond markets shall have markedly deteriorated from the time of adoption hereof, but the Designated Officers shall have the authority to sell the Bonds in any event so long as the limitations set forth in this Ordinance shall have been met. Incidental to any sale of the Bonds, the Designated Officers shall find and determine that no person responsible for sale of the Bonds and holding any office of the City either by election or appointment, is in any manner financially interested, either directly, in his or her own name, or indirectly, in the name of any other person, association, trust or corporation, in the agreement with the Purchaser for the purchase of the Bonds. B. Upon the sale of the Bonds of any Series, the Designated Officers and any other officers of the City as shall be appropriate shall be and are hereby authorized and directed to approve or execute, or both, such documents of sale of the Bonds of such Series as may be necessary, including, without limitation, a Bond Order, Preliminary Official Statement, Official Statement, Bond Purchase Agreement, and closing documents; such certifications, tax returns, and documentation as may be required by Bond Counsel, including, specifically, a tax agreement for the Bonds, to render their opinion(s) as to the Tax-exempt status of the interest on the Bonds. The Preliminary Official Statement relating to the Bonds, such document to be in substantially the form now on file with the City Clerk and available to the Mayor and Aldermen and to members of the interested public, is hereby in all respects authorized and approved; and the -25- 368 of 728 proposed use by the Purchaser of an Official Statement (in substantially the form of the Preliminary Official Statement but with appropriate variations to reflect the final terms of the Bonds) is also hereby authorized and approved. The Designated Officers are (or either of them is) hereby authorized to execute each Bond Purchase Agreement, their (his or her) execution to constitute full and complete approval of all necessary or appropriate completions and revisions as shall appear therein. Upon the sale of a Series of the Bonds, the Designated Officers so acting shall prepare the Bond Order for same, such document to be in substantially the form as set forth as Exhibit A attached hereto, which shall include the pertinent details of sale as provided herein, and which shall enumerate the levy of taxes to pay the Bonds, and such shall in due course be entered into the records of the City and made available to the Corporate Authorities. The authority to sell the Bonds pursuant to any Bond Order as herein provided shall expire on December 31, 2014. Section 14. Continuing Disclosure Undertaking. The Mayor or either of the Designated Officers of the City is hereby authorized, empowered, and directed to execute and deliver the Continuing Disclosure Undertaking in substantially the same form as now before the City as Exhibit B to this Ordinance, or with such changes therein as the officer executing the Continuing Disclosure Undertaking on behalf of the City shall approve, his or her execution thereof to constitute conclusive evidence of his or her approval of such changes. When the Continuing Disclosure Undertaking is executed and delivered on behalf of the City as herein provided, the Continuing Disclosure Undertaking will be binding on the City and the officers, employees, and agents of the City, and the officers, employees, and agents 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 the Continuing Disclosure Undertaking as executed. Notwithstanding any other provision of this Ordinance, the sole -26- 369 of 728 remedies for failure to comply with the Continuing Disclosure Undertaking shall be the ability of the beneficial owner of any Bond to seek mandamus or specific performance by court order, to cause the City to comply with its obligations under the Continuing Disclosure Undertaking. Section 15. Creation of Funds and Appropriations. A. There is hereby created the “Series 2014 Bonds Debt Service Account” (the “Bond Fund”), which shall be the fund for the payment of principal of and interest on all Series of the Bonds. Accrued interest, if any, received upon delivery of the Bonds shall be deposited into the Bond Fund and be applied to pay first interest coming due on the corresponding Series of Bonds. B. The Ad Valorem Property Taxes for each respective Series of Bonds shall either be deposited into the Bond Fund and used solely and only for paying the principal of and interest on the respective Series of Bonds or be used to reimburse a fund or account from which advances to the Bond Fund may have been made to pay principal of or interest on the Bonds prior to receipt of Ad Valorem Property Taxes. Interest income or investment profit earned in the Bond Fund shall be retained in said Bond Fund for payment of the principal of or interest on the respective Series of Bonds on the interest payment date next after such interest or profit is received or, to the extent lawful and as determined by the Corporate Authorities, transferred to such other fund as may be determined. The City hereby pledges, as equal and ratable security for the respective Series of Bonds, all present and future proceeds of the Ad Valorem Property Taxes for the sole benefit of the registered owners of the respective Series of Bonds, subject to the reserved right of the Corporate Authorities to transfer certain interest income or investment profit earned in the Bond Fund to other funds of the City, as described in the preceding sentence. C. The amount necessary from the proceeds of the each Series of Bonds shall be used to pay costs of issuance of the respective Series of Bonds and shall be deposited into a separate fund, hereby created, designated the “2014 Expense Fund.” Any disbursements from such fund -27- 370 of 728 shall be made from time to time as necessary. Any excess in said fund established for the Bonds shall be deposited into the Capital Improvement Project Fund hereinafter created after six months from the date of issuance of the Bonds. D. The remaining proceeds of the Bonds shall be set aside in a separate fund, hereby created, and designated as the “Series 2014 Capital Improvement Project Fund” (the “Capital Improvement Project Fund”), hereby created, and be used to pay costs of the Capital Improvement Project, including costs of issuance of the Bonds which for any reason are not paid from the respective Expense Fund. E. Alternatively, the Finance Director may allocate proceeds of the Bonds otherwise designated for the Bond Fund, the Expense Fund, or the Capital Improvement Project Fund to one or more related funds of the City already in existence; provided, however, that this shall not relieve the City officers of the duty to account for the proceeds as herein provided. F. The Corporate Authorities reserve the right, as it becomes necessary from time to time, to revise the list of projects hereinabove set forth, to change priorities, to revise cost allocations between projects and to substitute projects, in order to meet current needs of the City; subject, however, to the various covenants set forth in this Ordinance and in related certificates given in connection with delivery of the Bonds and also subject to the obtaining of the opinion of Bond Counsel or of some other attorney or firm of attorneys whose opinions are generally acceptable to the purchasers in the national marketplace of governmental Tax-exempt obligations (“Other Bond Counsel”) that such changes or substitutions are proper under the Act and do not adversely affect the Tax-exempt status of the Tax-exempt Bonds. Section 16. General Tax Covenants. The City hereby covenants that it will not take any action, omit to take any action or permit the taking or omission of any action within its control (including, without limitation, making or permitting any use of the proceeds of the Bonds) if -28- 371 of 728 taking, permitting, or omitting to take such action would cause any of the Bonds to be an arbitrage bond or a private activity bond within the meaning of the Code, or would otherwise cause the interest on the Bonds to be included in the gross income of the recipients thereof for federal income tax purposes. The City acknowledges that, in the event of an examination by the Internal Revenue Service of the exemption from Federal income taxation for interest paid on the Bonds, under present rules, the City may be treated as a “taxpayer” in such examination and agrees that it will respond in a commercially reasonable manner to any inquiries from the Internal Revenue Service in connection with such an examination. In furtherance of the foregoing provisions, but without limiting their generality, the City agrees: (a) through its officers, to make such further specific covenants, representations as shall be truthful, and assurances as may be necessary or advisable; (b) to comply with all representations, covenants, and assurances contained in certificates or agreements as may be prepared by Bond Counsel; (c) to consult with such Bond Counsel and to comply with such advice as may be given; (d) to file such forms, statements, and supporting documents as may be required and in a timely manner; and (e) if deemed necessary or advisable by its officers, to employ and pay fiscal agents, financial advisors, attorneys, and other persons to assist the City in such compliance. Section 17. Certain Specific Tax Covenants. A. None of the Bonds shall be a “private activity bond” as defined in Section 141(a) of the Code; and the City certifies, represents, and covenants as follows: (1) Not more than 5% of the net proceeds and investment earnings of the Bonds of any Series is to be used, directly or indirectly, in any activity carried on by any person other than a state or local governmental unit. (2) Not more than 5% of the amounts necessary to pay the principal of and interest on the Bonds of any Series will be derived, directly or indirectly, from payments -29- 372 of 728 with respect to any private business use by any person other than a state or local governmental unit. (3) None of the proceeds of the Bonds of any Series is to be used, directly or indirectly, to make or finance loans to persons other than a state or local governmental unit. (4) Except as may be permitted by reference to the text above (at paragraph A (1) of this Section), no user of the real or personal property of the City acquired, constructed, or improved with the proceeds of the Bonds of any Series, other than the City or another governmental unit, will use the same on any basis other than the same basis as the general public; and except as noted, no person, other than the City or another governmental unit, will be a user of such property as a result of (i) ownership or (ii) actual or beneficial use pursuant to a lease, a management or incentive payment contract other than as expressly permitted by the Code, or (iii) any other arrangement. B. The Bonds shall not be “arbitrage bonds” under Section 148 of the Code; and the City certifies, represents, and covenants as follows: (1) The City has heretofore incurred, or within six months after delivery of the Bonds expects to incur, substantial binding obligations to be paid for with money received from the sale of the Bonds, said binding obligations comprising binding contracts for the Capital Improvement Project in not less than the amount of 5% of the proceeds of Bonds. (2) The City expects that more than 85% of the proceeds of the portion of the Bonds will be expended on or before three years for the purpose of paying the costs of the Capital Improvement Project. -30- 373 of 728 (3) The City expects that all of the principal proceeds of the Bonds and investment earnings thereon will be used, needed, and expended for the purpose of paying the costs of the Capital Improvement Project including expenses incidental thereto. (4) Work on the Capital Improvement Project is expected to proceed with due diligence to completion. (5) Except for the Bond Fund, the City has not created or established and will not create or establish any sinking fund reserve fund or any other similar fund to provide for the payment of the Bonds. The Bond Fund has been established and will be funded in a manner primarily to achieve a proper matching of revenues and debt service and will be depleted at least annually to an amount not in excess of 1/12th the particular annual debt service on the Bonds. Money deposited into the Bond Fund will be spent within a 13-month period beginning on the date of deposit, and investment earnings in the Bond Fund will be spent or withdrawn from the Bond Fund within a one-year period beginning on the date of receipt. (6) Amounts of money related to the Bonds of any Series required to be invested at a yield not materially higher than the yield on the Bonds of such Series, as determined pursuant to such tax certifications or agreements as the City officers may make in connection with the issuance of such Bonds, shall be so invested; and appropriate City officers are hereby authorized to make such investments. (7) Unless an applicable exception to Section 148(f) of the Code, relating to the rebate of “excess arbitrage profits” to the United States Treasury (the “Rebate Requirement”) is available to the City, the City will meet the Rebate Requirement. -31- 374 of 728 (8) Relating to applicable exceptions, any City officer charged with issuing the Bonds is hereby authorized to make such elections under the Code as such officer shall deem reasonable and in the best interests of the City. C. None of the proceeds of the Bonds of any Series will be used to pay, directly or indirectly, in whole or in part, for an expenditure that has been paid by the City prior to the date hereof except architectural or engineering costs incurred prior to commencement of any of the Capital Improvement Project or expenditures for which an intent to reimburse it as properly declared under Treasury Regulations Section 1.150-2. This Ordinance is in itself a declaration of official intent under Treasury Regulations Section 1.150-2 as to all costs of the Capital Improvement Project paid after the date hereof and prior to issuance of the Bonds. Section 18. Municipal Bond Insurance. In the event the payment of principal of and interest on a Series of the Bonds is insured pursuant to a municipal bond insurance policy (a “Municipal Bond Insurance Policy”) issued by a bond insurer (a “Bond Insurer”), and as long as such Municipal Bond Insurance Policy shall be in full force and effect, the City and the Bond Registrar agree to comply with such usual and reasonable provisions regarding presentment and payment of such Bonds, subrogation of the rights of the Bondholders to the Bond Insurer when holding such Bonds, amendment hereof, or other terms, as approved by any of the City officers on advice of counsel, his or her approval to constitute full and complete acceptance by the City of such terms and provisions under authority of this Section. Section 19. Rights and Duties of Bond Registrar. If requested by the Bond Registrar, any officer of the City is authorized to execute a mutually agreeable form of agreement between the City and the Bond Registrar with respect to the obligations and duties of the Bond Registrar under this Ordinance. In addition to the terms of such agreement and subject to modification thereby, the Bond Registrar by acceptance of duties under this Ordinance agrees (a) to act as -32- 375 of 728 bond registrar, paying agent, authenticating agent, and transfer agent as provided herein; (b) to maintain a list of Bondholders as set forth herein and to furnish such list to the City upon request, but otherwise to keep such list confidential to the extent permitted by law; (c) to cancel and/or destroy Bonds which have been paid at maturity or submitted for exchange or transfer; (d) to furnish the City at least annually a certificate with respect to Bonds cancelled and/or destroyed; and (e) to furnish the City at least annually an audit confirmation of Bonds paid, Bonds outstanding, and payments made with respect to interest on the Bonds. The City covenants with respect to the Bond Registrar, and the Bond Registrar further covenants and agrees as follows: (A) The City shall at all times retain a Bond Registrar with respect to the Bonds; it will maintain at the designated office(s) of such Bond Registrar a place or places where Bonds may be presented for payment, registration, transfer, or exchange; and it will require that the Bond Registrar properly maintain the Bond Register and perform the other duties and obligations imposed upon it by this Ordinance in a manner consistent with the standards, customs and practices of the municipal securities industry. (B) The Bond Registrar shall signify its acceptance of the duties and obligations imposed upon it by this Ordinance by executing the certificate of authentication on any Bond, and by such execution the Bond Registrar shall be deemed to have certified to the City that it has all requisite power to accept and has accepted such duties and obligations not only with respect to the Bond so authenticated but with respect to all the Bonds. Any Bond Registrar shall be the agent of the City and shall not be liable in connection with the performance of its duties except for its own negligence or willful wrongdoing. Any Bond Registrar shall, however, be responsible for any representation in its certificate of authentication on Bonds. -33- 376 of 728 (C) The City may remove the Bond Registrar at any time. In case at any time the Bond Registrar shall resign, shall be removed, shall become incapable of acting, or shall be adjudicated a bankrupt or insolvent, or if a receiver, liquidator, or conservator of the Bond Registrar or of the property thereof shall be appointed, or if any public officer shall take charge or control of the Bond Registrar or of the property or affairs thereof, the City covenants and agrees that it will thereupon appoint a successor Bond Registrar. The City shall give notice of any such appointment made by it to each registered owner of any Bond within twenty days after such appointment in any reasonable manner as the City shall select. Any Bond Registrar appointed under the provisions of this Section shall be a bank, trust company, or national banking association maintaining a corporate trust office in Illinois or New York, and having capital and surplus and undivided profits in excess of $100,000,000. The City Clerk of the City is hereby directed to file a certified copy of this Ordinance with the Bond Registrar. Section 20. Defeasance. Any Bond or Bonds (a) which are paid and cancelled; (b) which have matured and for which sufficient sums been deposited with the Bond Registrar to pay all principal and interest due thereon; or (c) (i) for which sufficient funds and Defeasance Obligations have been deposited with the Bond Registrar or similar institution to pay, taking into account investment earnings on such obligations, all principal of and interest on such Bond or Bonds when due at maturity, pursuant to an irrevocable escrow or trust agreement, (ii) accompanied by an opinion of Bond Counsel or Other Bond Counsel as to compliance with the covenants with respect to such Bonds, and (iii) accompanied by an express declaration of defeasance by the Corporate Authorities; shall cease to have any lien on or right to receive or be paid from Bond Moneys or the Bond Fund hereunder and shall no longer have the benefits of any covenant for the registered owners of outstanding Bonds as set forth herein as such relates to lien -34- 377 of 728 and security of the outstanding Bonds. All covenants relative to the Tax-exempt status of Tax- exempt Bonds; and payment, registration, transfer, and exchange; are expressly continued for all affected Bonds whether outstanding Bonds or not. For purposes of this Section, “Defeasance Obligations” means (a) noncallable, non-redeemable, direct and general full faith and credit obligations of the United States Treasury (“Directs”), (b) certificates of participation or trust receipts in trusts comprised wholly of Directs or (c) other noncallable, non-redeemable, obligations unconditionally guaranteed as to timely payment to maturity by the United States Treasury. Section 21. Publication of Ordinance. A full, true, and complete copy of this Ordinance shall be published within ten days after passage in pamphlet form by authority of the Corporate Authorities. Section 22. Severability. If any section, paragraph, clause, or provision of this Ordinance shall be held invalid, the invalidity of such section, paragraph, clause, or provision shall not affect any of the other provisions of this Ordinance. -35- 378 of 728 Section 23. Superseder and Effective Date. All ordinances, resolutions, and orders, or parts thereof, in conflict with this Ordinance, are to the extent of such conflict hereby superseded; and this Ordinance shall be in full force and effect immediately upon its passage, approval and publication. ADOPTED: This 28th day of July, 2014. AYES: _______________________________________________________________ NAYS: _______________________________________________________________ ABSENT: _______________________________________________________________ WITNESS: July 28, 2014 _______________________________ Mayor, City of Evanston Cook County, Illinois Published in pamphlet form by authority of the Corporate Authorities on July __, 2014. ATTEST: ____________________________________ City Clerk, City of Evanston Cook County, Illinois -36- 379 of 728 EXTRACT OF MINUTES of the regular public meeting of the City Council of the City of Evanston, Cook County, Illinois, held at the City Hall, located at 2100 Ridge Avenue, in said City, at ____ p.m., on Monday, the 14th day of July, 2014. The Mayor called the meeting to order and directed the City Clerk to call the roll. Upon the roll being called, the Mayor, Elizabeth B. Tisdahl, being physically present at such place and time, and the following Aldermen, being physically present at such place and time, answered present: __________________________________________________________ _____________________________________________________________________________ . The following Aldermen were allowed by a majority of the Aldermen in accordance with and to the extent allowed by rules adopted by the City Council to attend the meeting by video or audio conference: _____________________________________________________________ . No Alderman was denied permission to attend the meeting by video or audio conference. The following Aldermen were absent and did not participate in the meeting in any manner or to any extent whatsoever: _____________________________________________________ . * * * * * * * * * * * * There being a quorum present, various business of the City was conducted. * * * * * * * * * * * * The City Council then discussed a proposed capital improvement program for the City and considered the introduction of an ordinance providing for the issuance of one or more series of General Obligation Corporate Purpose Bonds, Series 2014 of the City, authorizing the execution of one or more bond orders in connection therewith and providing for the levy and collection of a direct annual tax for the payment of the principal of and interest on said bonds. Thereupon, Alderman _______________ presented an ordinance entitled: 380 of 728 AN ORDINANCE providing for the issuance of one or more series of not to exceed $13,000,000 General Obligation Corporate Purpose Bonds, Series 2014, of the City of Evanston, Cook County, Illinois, for capital improvement purposes, authorizing the execution of one or more bond orders in connection therewith and providing for the levy and collection of a direct annual tax for the payment of the principal of and interest on said bonds. (the “Bond Ordinance”). A discussion of the matter followed. During the discussion, Alderman __________ gave a public recital of the nature of the matter, which included a reading of the title of the Bond Ordinance and review of the certain provisions of the ordinance, and the following further information. [Here insert further statements, if any] -2- 381 of 728 Alderman _______________ moved and Alderman _______________ seconded the motion that the Bond Ordinance as presented be introduced. The Mayor directed that the roll be called for a vote upon the motion to introduce the ordinance. Upon the roll being called, the following Aldermen voted AYE: ____________________ _____________________________________________________________________________ . and the following Aldermen voted NAY: ____________________________________________ WHEREUPON, the Mayor declared the motion carried and the ordinance introduced, and henceforth did approve and sign the same in open meeting, and did direct the City Clerk to record the same in full in the records of the City of Evanston, Cook County, Illinois. * * * * * * * * * * * * Other business was duly transacted at said meeting. * * * * * * * * * * * * Upon motion duly made and carried, the meeting adjourned. City Clerk -3- 382 of 728 STATE OF ILLINOIS ) ) SS COUNTY OF COOK ) CERTIFICATION OF AGENDA AND INTRODUCTION MINUTES I, the undersigned, do hereby certify that I am the duly qualified and acting City Clerk of the City of Evanston, Cook County, Illinois (the “City”), and as such official I am the keeper of the official journal of proceedings, books, records, minutes, and files of the City and of the City Council (the “Corporate Authorities”) of the City. I do further certify that the foregoing extract of minutes is a full, true, and complete transcript of that portion of the minutes of the meeting (the “Meeting”) of the Corporate Authorities held on the 14th day of July, 2014 insofar as the same relates to the introduction of an ordinance, numbered 91-O-14, entitled: AN ORDINANCE providing for the issuance of one or more series of not to exceed $13,000,000 General Obligation Corporate Purpose Bonds, Series 2014, of the City of Evanston, Cook County, Illinois, for capital improvement purposes, authorizing the execution of one or more bond orders in connection therewith and providing for the levy and collection of a direct annual tax for the payment of the principal of and interest on said bonds. (the “Ordinance”) a true, correct, and complete copy of which Ordinance as introduced at the Meeting appears in the foregoing transcript of the minutes of the Meeting. I do further certify that the deliberations of the Corporate Authorities on the introduction of the Ordinance were taken openly; that the vote on the introduction of the Ordinance was taken openly; that the Meeting was held at a specified time and place convenient to the public; that notice of the Meeting was duly given to all newspapers, radio or television stations, and other news media requesting such notice; that an agenda (the “Agenda”) for the Meeting was posted at the location where the Meeting was held and at the principal office of the Corporate Authorities (both such locations being at City Hall) at least 48 hours in advance of the Meeting and also not 383 of 728 later than 5:00 p.m. on Friday, July 11, 2014 and remained continuously so posted until the adjournment of the Meeting; that said Agenda contained a separate specific item relating to the consideration of the Ordinance and that a true, correct, and complete copy of said Agenda as so posted is attached to this certificate; that the Meeting was called and held in strict compliance with the provisions of the Open Meetings Act of the State of Illinois, as amended; and the Illinois Municipal Code, as amended; and that the Corporate Authorities have complied with all of the provisions of such Act and Code and with all of the procedural rules of the Corporate Authorities in the adoption of the Ordinance. IN WITNESS WHEREOF I hereunto affix my official signature and the seal of the City this 14th day of July, 2014. _______________________________ City Clerk [SEAL] -2- 384 of 728 EXTRACT OF MINUTES of the regular public meeting of the City Council of the City of Evanston, Cook County, Illinois, held at the City Hall, located at 2100 Ridge Avenue, in said City, at ____ p.m., on Monday, the 28th day of July, 2014. The Mayor called the meeting to order and directed the City Clerk to call the roll. Upon the roll being called, the Mayor, Elizabeth B. Tisdahl, being physically present at such place and time, and the following Aldermen, being physically present at such place and time, answered present: __________________________________________________________ _____________________________________________________________________________ . The following Aldermen were allowed by a majority of the Aldermen in accordance with and to the extent allowed by rules adopted by the City Council to attend the meeting by video or audio conference: _____________________________________________________________ . No Alderman was denied permission to attend the meeting by video or audio conference. The following Aldermen were absent and did not participate in the meeting in any manner or to any extent whatsoever: _____________________________________________________ . * * * * * * * * * * * * There being a quorum present, various business of the City was conducted. * * * * * * * * * * * * The City Council then discussed a proposed capital improvement program for the City and considered an ordinance providing for the issuance of one or more series of General Obligation Corporate Purpose Bonds, Series 2014 of the City, authorizing the execution of one or more bond orders in connection therewith and providing for the levy and collection of a direct annual tax for the payment of the principal of and interest on said bonds. Thereupon, Alderman _______________ presented an ordinance entitled: 385 of 728 AN ORDINANCE providing for the issuance of one or more series of not to exceed $13,000,000 General Obligation Corporate Purpose Bonds, Series 2014, of the City of Evanston, Cook County, Illinois, for capital improvement purposes, authorizing the execution of one or more bond orders in connection therewith and providing for the levy and collection of a direct annual tax for the payment of the principal of and interest on said bonds. (the “Bond Ordinance”). A discussion of the matter followed. During the discussion, Alderman __________ gave a public recital of the nature of the matter, which included a reading of the title of the Bond Ordinance and review of the section headings, and the following further information. [Here insert further statements, if any] -2- 386 of 728 Alderman _______________ moved and Alderman _______________ seconded the motion that the Bond Ordinance as presented be adopted. The Mayor directed that the roll be called for a vote upon the motion to adopt the ordinance. Upon the roll being called, the following Aldermen voted AYE: ____________________ _____________________________________________________________________________ . and the following Aldermen voted NAY: ____________________________________________ WHEREUPON, the Mayor declared the motion carried and the ordinance adopted, and henceforth did approve and sign the same in open meeting, and did direct the City Clerk to record the same in full in the records of the City of Evanston, Cook County, Illinois. * * * * * * * * * * * * Other business was duly transacted at said meeting. * * * * * * * * * * * * Upon motion duly made and carried, the meeting adjourned. City Clerk -3- 387 of 728 STATE OF ILLINOIS ) ) SS COUNTY OF COOK ) CERTIFICATION OF AGENDA, ADOPTION MINUTES AND ORDINANCE I, the undersigned, do hereby certify that I am the duly qualified and acting City Clerk of the City of Evanston, Cook County, Illinois (the “City”), and as such official I am the keeper of the official journal of proceedings, books, records, minutes, and files of the City and of the City Council (the “Corporate Authorities”) of the City. I do further certify that the foregoing extract of minutes is a full, true, and complete transcript of that portion of the minutes of the meeting (the “Meeting”) of the Corporate Authorities held on the 28th day of July, 2014 insofar as the same relates to the adoption of an ordinance, numbered 91-O-14, entitled: AN ORDINANCE providing for the issuance of one or more series of not to exceed $13,000,000 General Obligation Corporate Purpose Bonds, Series 2014, of the City of Evanston, Cook County, Illinois, for capital improvement purposes, authorizing the execution of one or more bond orders in connection therewith and providing for the levy and collection of a direct annual tax for the payment of the principal of and interest on said bonds. (the “Ordinance”) a true, correct, and complete copy of which Ordinance as adopted at the Meeting appears in the foregoing transcript of the minutes of the Meeting. I do further certify that the deliberations of the Corporate Authorities on the adoption of the Ordinance were taken openly; that the vote on the adoption of the Ordinance was taken openly; that the Meeting was held at a specified time and place convenient to the public; that notice of the Meeting was duly given to all newspapers, radio or television stations, and other news media requesting such notice; that an agenda (the “Agenda”) for the Meeting was posted at the location where the Meeting was held and at the principal office of the Corporate Authorities (both such locations being at City Hall) at least 48 hours in advance of the Meeting and also not 388 of 728 later than 5:00 p.m. on Friday, July 25, 2014; that said Agenda contained a separate specific item relating to the consideration of the Ordinance and that a true, correct, and complete copy of said Agenda as so posted is attached to this certificate; that the Meeting was called and held in strict compliance with the provisions of the Open Meetings Act of the State of Illinois, as amended; and the Illinois Municipal Code, as amended; and that the Corporate Authorities have complied with all of the provisions of such Act and Code and with all of the procedural rules of the Corporate Authorities in the adoption of the Ordinance. IN WITNESS WHEREOF I hereunto affix my official signature and the seal of the City this 28th day of July, 2014. _______________________________ City Clerk [SEAL] -2- 389 of 728 STATE OF ILLINOIS ) ) SS COUNTY OF COOK ) CERTIFICATE OF PUBLICATION IN PAMPHLET FORM I, the undersigned, do hereby certify that I am the duly qualified and acting City Clerk of the City of Evanston, Cook County, Illinois (the “City”), and as such official I am the keeper of the official journal of proceedings, books, records, minutes, and files of the City and of the City Council (the “Corporate Authorities”) of the City. I do further certify that on the ____ day of July, 2014 there was published in pamphlet form, by authority of the City Council, a true, correct, and complete copy of Ordinance Number 91-O-14 of the City entitled: AN ORDINANCE providing for the issuance of one or more series of not to exceed $13,000,000 General Obligation Corporate Purpose Bonds, Series 2014, of the City of Evanston, Cook County, Illinois, for capital improvement purposes, authorizing the execution of one or more bond orders in connection therewith and providing for the levy and collection of a direct annual tax for the payment of the principal of and interest on said bonds. and providing for the issuance of said bonds, and that the ordinance as so published was on that date readily available for public inspection and distribution, in sufficient number so as to meet the needs of the general public, at my office as City Clerk located in the City. IN WITNESS WHEREOF I have affixed hereto my official signature and the seal of the City this ____ day of July, 2014. _______________________________ City Clerk [SEAL] 390 of 728 STATE OF ILLINOIS ) ) SS COUNTY OF COOK ) CERTIFICATE OF FILING I do hereby certify that I am the duly qualified and acting County Clerk of The County of Cook, Illinois, and as such officer I do hereby certify that on the ____ day of July, 2014 there was filed in my office a properly certified copy of Ordinance Number 91-O-14, duly adopted by the City Council of the City of Evanston, Cook County, Illinois, on the 28th day of July, 2014 and entitled: AN ORDINANCE providing for the issuance of one or more series of not to exceed $13,000,000 General Obligation Corporate Purpose Bonds, Series 2014, of the City of Evanston, Cook County, Illinois, for capital improvement purposes, authorizing the execution of one or more bond orders in connection therewith and providing for the levy and collection of a direct annual tax for the payment of the principal of and interest on said bonds. and approved by the Mayor of said City, and that the same has been deposited in, and all as appears from, the official files and records of my office. IN WITNESS WHEREOF I have hereunto affixed my official signature and the seal of The County of Cook, Illinois, this ____ day of ____________, 2014. _______________________________ County Clerk of The County of Cook, Illinois [SEAL] 391 of 728 For City Council meeting of July 14, 2014 Item A11 Ordinance 74-O-14: Borrowing from the IEPA Loan Program For Action To: Honorable Mayor and Members of the City Council Administration and Public Works Committee From: David Stoneback, Director of Utilities Subject: Ordinance 74-O-14, Authorizing the City to Borrow Funds from the Illinois Environmental Protection Agency Water Pollution Control Loan Program Date: June 12, 2014 Recommended Action: Staff recommends City Council adoption of Ordinance 74-O-14 authorizing the City to borrow funds from the Illinois Environmental Protection Agency (IEPA) Water Pollution Control Loan Program for the construction of the Large Diameter Sewer Rehabilitation on Cleveland Street. This ordinance was introduced at the June 23, 2014 City Council meeting. Funding Source: This ordinance authorizes the City to borrow up to $253,000. The debt service will be paid from the Sewer Fund. A copy of the long-term sewer fund analysis is attached that includes this loan and the debt service for repayment. Background: The City has 7.0 miles of 36-inch diameter and larger sewers that are constructed of brick or clay tile and are greater than 100 years old. The estimated cost to rehabilitate these sewers using a cured-in-place pipe (CIPP) lining process is $14.4 million. The City has been successful in obtaining almost $4.5 million in IEPA loans between 2012 and 2013 that have funded the rehabilitation of 2.3 miles of the 7.0 miles of large diameter sewer in need of rehabilitation. Analysis: The work to be performed under this proposed project will rehabilitate approximately 425 feet of large diameter sewer main. The sewer mains are located on Cleveland Street, between Pitner Avenue and Hartrey Avenue (see attached location map). Memorandum 392 of 728 The IEPA has reviewed and approved the project, as indicated in the attached letter dated May 9, 2013, and has also issued a Categorical Exclusion from a detailed environmental review of the project. The attached approval letter from IEPA indicates a number of additional requirements prior to obtaining a loan commitment. Adoption of this ordinance authorizing the City to borrow the funds is one of those requirements. Legislative History: N/A Attachments: Proposed Ordinance 74-O-14 Sewer Fund analysis Project Location Map IEPA project approval letter dated May 9, 2013 393 of 728 5/21/2014 6/12/2014 74-O-14 AN ORDINANCE Authorizing the City to Borrow Funds from the Illinois Environmental Protection Agency Water Pollution Control Loan Program NOW BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS: SECTION 1: Legislative Statement. At the time of passage of this ordinance, the City of Evanston, Cook County, Illinois, (“City”) operates its sewage collection system, including all property, real, personal, or otherwise owned or to be owned by the City or under the control of the City, and used for sewage collection purposes, as well as for any and all further extensions, improvements, and additions to the system; however, expressly excluding property which from time to time is deemed by the City to be no longer useful or necessary to the continued effective and efficient operation of the system or extensions, improvements or additions which are at the time of construction, acquisition and installation expressly excluded from the definition of system hereunder by the City, hereinafter referred to as “System,” and in accordance with the provisions of Section 6(a) of Article VII of the 1970 Constitution of the State of Illinois and 30 ILCS 350/1 et seq., the Local Government Debt Reform Act, hereinafter collectively referred to as the “Act.” 394 of 728 74-O-14 ~2~ The City Council has determined that it is advisable, necessary and in the best interests of public health, safety and welfare to improve the System. Said improvements include the following: Large diameter sewer rehabilitation by installing a cured-in-place pipe line in approximately 425 feet of 54-inch diameter combined sewer on Cleveland Street. The expected useful life of said rehabilitated sewers is estimated at 100 years. All improvements are to be constructed in accordance with the plans and specifications prepared by the City of Evanston Professional Engineer registered staff. All work herein described shall be referred to as the “Project.” The estimated cost of constructing and installing the Project, including engineering, legal, financial, and other related expenses is two hundred fifty-three thousand dollars ($253,000) and there are insufficient funds on hand and lawfully available to pay such costs. Such costs are expected to be paid for with a loan to the City from the Illinois Environmental Protection Agency, hereinafter referred to as “IEPA,” through the Water Pollution Control Loan Program, hereinafter referred to as the “Program,” said loan to be repaid from revenues of the System, and such loan is authorized to be accepted at this time pursuant to the Act. Pursuant to, and in accordance with, the provisions of the Act, the City is authorized to borrow funds from the Program in the aggregate principal amount of two hundred fifty-three thousand dollars ($253,000) for the purpose of providing funds to pay the costs of the Project. The loan to the City shall be made pursuant to a Loan Agreement, including certain terms and conditions, between the City and the IEPA, SECTION 2: This Ordinance 74-O-14 shall be in full force and effect from and after its passage, approval and publication in the manner provided by law, all 395 of 728 74-O-14 ~3~ pursuant to the Act and including, expressly, the home rule powers of the City pursuant to Section 6(a) of Article VII of the Illinois Constitution of 1970. SECTION 3: That it is necessary to public health, safety and welfare and in the best interests of the City to construct the Project and that the System continue to be operated in accordance with the provisions of the Act, and that for the purpose of constructing the Project, it is hereby authorized that funds be borrowed by the City of Evanston in an aggregate principal amount not to exceed two hundred fifty-three thousand dollars ($253,000). SECTION 4: That, subject to the express provisions of this Ordinance, the City may not adopt additional ordinances or amendments which provide for any substantive or material change in the scope and intent of this Ordinance, including but not limited to interest rate, preference or priority of any other ordinance with this Ordinance, parity of any other ordinance with this Ordinance, or otherwise alter or impair the obligation of the City to pay the principal and interest due to the Program without the written consent of the IEPA. SECTION 5: That repayment of the loan to the IEPA by the City, pursuant to this Ordinance, is to be solely from the revenues derived from the System, as hereinafter provided; the loan does not constitute an indebtedness of the City within the meaning of any constitutional or statutory limitation. For the purposes hereof, “revenues” (hereinafter “Revenues”) of the System means all income from whatever source derived from the System, including investment income and the like, connection, permit and inspection fees and the like, user charges of all kinds for the use and service of the System, and including such transfers from the corporate funds or the sewer fund 396 of 728 74-O-14 ~4~ of the City as the City Council shall from time to time determine through the budget and appropriation of such funds, or other proper action; but shall not include non-recurring income from the sale of property of the System, governmental or other grants or loans, and as otherwise determined in accordance with generally accepted accounting principles for municipal enterprise funds. The repayment of the loan from the Revenues shall in all events be made only after provision for the payment of “Operation and Maintenance Costs” of the System, hereby defined to mean all costs of operating, maintaining and routine repair of the System, including such items as wages, salaries, costs of materials and supplies, taxes, power, fuel, insurance, purchase of sewage treatment or disposal capacity, including all payments for such services to be made pursuant to long-term contracts for the provision of such services, but shall not include debt service of any kind, depreciation, any capital reserve requirements, and as otherwise determined in accordance with generally accepted accounting principles for municipal enterprise funds. The City hereby pledges the Revenues, after provision has been made for the payment of Operation and Maintenance Costs, to the repayment of the loan; and covenants and agrees to charge such rates and impose such fees and charges for the use and service of the System as shall be sufficient to pay in a timely manner all repayments as required on the load pursuant to the terms of the Loan Agreement. SECTION 6: That the City Council hereby authorizes acceptance of the offer of a loan through the Program, including all terms and conditions of the Loan Agreement (“Loan Agreement”), as well as all special conditions contained therein and made a part thereof by reference. The loan funds awarded shall be used solely for the 397 of 728 74-O-14 ~5~ purpose of the Project as approved by the IEPA in accordance with the terms and conditions of the Loan Agreement. SECTION 7: That the City Manager is hereby authorized and directed to execute the Loan Agreement with the IEPA and to negotiate any additional terms or conditions deemed to be in the best interests of the City. SECTION 8: That the City hereby covenants and agrees that the Revenues, after a provision is made for the payment of Operation and Maintenance Costs, are a dedicated source of funds for the repayment of the loan, as evidenced by the Loan Agreement. The City reserves the right, without limitation of any kind, to issue obligations (“Obligations”) of any kind (including bonds, notes, or other obligations by whatever name and including all loans) payable from the Revenues and prior in lien to, on a parity of lien with, or subordinate in lien to the lien on the Revenues for the repayment of the loan as provided in the Loan Agreement, as shall be determined by the City Council; provided, however, that any covenants or agreements made by the City for the benefit of the holders of such Obligations shall, at the time of the incurring of such Obligations, also be made in a similar manner for the benefit of the obligation to repay the loan as represented by the Loan Agreement. The City intends that the obligation to repay the loan as evidenced in the Loan Agreement shall bear interest as provided therein on a basis which is not tax- exempt under the provision of the Internal Revenue Code of 1986, and the officers of the City charged with the execution of the Loan Agreement shall act in accordance with this stated intent. 398 of 728 74-O-14 ~6~ SECTION 9: That if any section, paragraph, clause or provision of this Ordinance shall be held invalid, the invalidity of such section, paragraph, clause or provision shall not affect any of the other provisions of this Ordinance. SECTION 10: All ordinances or resolutions, or parts thereof, in conflict herewith, are hereby repealed. SECTION 11: As long as the City has outstanding revenue bonds payable from revenues of the System that are senior to the revenue bond authorized by this Ordinance, the City shall maintain an account, coverage and reserves equivalent to the accounts, coverage and reserves required by the outstanding ordinances. Introduced: _________________, 2014 Adopted: ___________________, 2014 Approved: ________________________, 2014 _______________________________ Elizabeth B. Tisdahl, Mayor Attest: _______________________________ Rodney Greene, City Clerk Approved as to form: _______________________________ W. Grant Farrar, Corporation Counsel 399 of 728 FY 2014 FY 2015 FY 2016 FY 2017 FY 2018 FY 2019 FY 2020 FY 2021 FY 2022 FY 2023 YE Estimate Projected Projected Projected Projected Projected Projected Projected Projected Projected Revenues Sewer Service Charges 1 $12,608,000 $12,608,000 $12,608,000 $12,608,000 $11,851,520 $10,903,398 $9,813,059 $9,813,059 $9,224,275 $8,670,819 Other Operating Revenues $318,865 $318,865 $318,865 $318,865 $318,865 $318,865 $318,865 $318,865 $318,865 $318,865 Bond Proceeds $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 IEPA Loan Proceeds 2 $1,641,290 $0 $1,672,000 $1,564,000 $0 $0 $0 $0 $0 $0 Investment Earnings $8,854 $6,568 $5,037 $19,601 $24,558 $28,891 $29,805 $25,503 $25,190 $28,822 Total Revenues $14,577,009 $12,933,433 $14,603,902 $14,510,466 $12,194,943 $11,251,154 $10,161,729 $10,157,427 $9,568,330 $9,018,506 Expenses Sewer OM&R $3,138,738 $2,848,690 $3,494,374 $3,077,869 $3,054,381 $3,320,823 $3,217,755 $4,292,274 $3,737,882 $3,645,199 Capital Improvements - Annual Programs 3 $1,035,000 $1,075,000 $1,115,000 $1,155,000 $1,195,000 $1,235,000 $1,275,000 $1,315,000 $1,355,000 $1,405,000 Large Diameter Sewer Rehabilitation Projects 2 $1,641,290 $0 $1,672,000 $1,564,000 $0 $0 $0 $0 $0 $0 Debt Service (Existing)$9,793,358 $9,326,739 $8,612,511 $7,808,440 $6,926,604 $5,814,982 $5,333,543 $4,713,167 $3,342,154 $3,342,334 Debt Service 2 $171,082 $308,858 $308,858 $416,112 $516,438 $516,438 $516,438 $516,438 $516,438 $516,438 Total Expenses $15,779,468 $13,559,287 $15,202,743 $14,021,421 $11,692,423 $10,887,243 $10,342,736 $10,836,879 $8,951,474 $8,908,971 FY 2014 FY 2015 FY 2016 FY 2017 FY 2018 FY 2019 FY 2020 FY 2021 FY 2022 FY 2023 Beginning Unrestricted Fund Balance $4,142,691 $2,940,232 $2,314,378 $1,715,537 $2,204,582 $2,707,102 $3,071,013 $2,890,006 $2,210,554 $2,827,410 Total Revenues $14,577,009 $12,933,433 $14,603,902 $14,510,466 $12,194,943 $11,251,154 $10,161,729 $10,157,427 $9,568,330 $9,018,506 Total Expenses $15,779,468 $13,559,287 $15,202,743 $14,021,421 $11,692,423 $10,887,243 $10,342,736 $10,836,879 $8,951,474 $8,908,971 Net Surplus (Deficit)($1,202,459) ($625,854) ($598,841)$489,045 $502,520 $363,911 ($181,007) ($679,452)$616,856 $109,535 Ending Unrestricted Fund Balance $2,940,232 $2,314,378 $1,715,537 $2,204,582 $2,707,102 $3,071,013 $2,890,006 $2,210,554 $2,827,410 $2,936,945 Target Unrestricted Fund Balance $1,500,000 $2,000,000 $2,500,000 $2,500,000 $2,500,000 $2,500,000 $2,500,000 $2,500,000 $2,500,000 $2,500,000 NOTES: 1. Debt service for the 15-year Long Range Sewer Program, completed in 2009, makes up the majority of existing revenue requirements. As each existing bond or loan is repaid over the next 20 years, the sewer service charges will be incrementally reduced, thus decreasing the operating revenue stream over time. However, rates will still be maintained at a level that will fully support operations, annual capital improvement programs, and remaining debt service. 2. Loan proceeds and corresponding capital costs for Project L17-4775 (currently under construction) and Project L17-5240 (in loan application process) are shown in FY 2014. Debt service for both projects is projected to start in FY 2015. Additional large diameter sewer rehab projects for which the City intends to apply for IEPA loan funding are shown in FY 2016 - FY 2017, FY 2024, and FY 2026, with debt repayment beginning in the fiscal year following each project year. 3. Annual programs include CIPP lining of small diameter sewers, relief sewer extensions, improvements to combined sewer structures in conjunction with street projects, and emergency sewer repairs. All annual programs are funded with cash from sewer service charge revenues. CITY OF EVANSTON LARGE DIAMETER SEWER REHABILITATION - CLEVELAND STREET WPCLP LOAN APPLICATION - L17-5240 SEWER FUND REVENUE AND REPAYMENT SCHEDULE 400 of 728 401 of 728 402 of 728 For City Council meeting of July 14, 2014 Items A12 & A13 Ordinance 69-O-14: Amending Fines for Using Mobile Phone While Driving Ordinance 86-O-14: Amending Fines for Riding Bicycles on Sidewalks For Action To: Honorable Mayor and Members of the City Council Administration and Public Works Committee From: Richard Eddington, Police Chief Subject: Ordinance 69-O-14, Increase Fines for Using Mobile Telephones While Operating a Motor Vehicle Ordinance 86-O-14, Increase Fines for Riding Bicycles on Sidewalks in Certain Business Districts Date: July 10, 2014 Recommended Action: Staff recommends City Council adoption of the following ordinances. These ordinances were introduced at the June 23, 2014 City Council meeting. (A12) Ordinance 69-O-14 amending Evanston City Code Subsection 10-3-13(D), which increases the fines for using a mobile telephone while operating a motor vehicle (A13) Ordinance 86-O-14 amending Evanston City Code Subsection 10-9-10(E), which increases the fines for riding a bicycle on a sidewalk in certain business districts. Summary: Ordinance 69-O-14 amends Evanston City Code (“City Code”) 10-3-13(D) by increasing the fine imposed for using a mobile telephone while operating a motor vehicle. The City of Evanston currently imposes a fifty dollar ($50.00) fine for anyone using a mobile telephone while operating a motor vehicle, City Code §10-3-13(D). City staff recommends amending the fine from the current $50.00 fine to a $75.00 fine. Ordinance 86-O-14 amends City Code §10-9-10(E) by increasing the fine imposed on individuals who violate City Code §10-9-4. City Code §10-9-4 prohibits bicycle riding on sidewalks in the central business district designated as D1, D2 and D3, or in any other district where signs prohibiting sidewalk riding are posted. The City of Evanston currently imposes a $15.00 fine for anyone violating City Code §10-9-4. City staff recommends increasing the fine from the current $15.00 fine to a $25.00 fine. Memorandum 403 of 728 Attachments: Ordinance 69-O-14 Ordinance 86-O-14 404 of 728 5/15/2014 69-O-14 AN ORDINANCE Amending City Code Subsection 10-3-13(D) to Increase Fines for Using Mobile Telephones While Operating a Motor Vehicle NOW BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS: SECTION 1: That Subsection 10-3-13(D) of the Evanston City Code of 2012, as amended, is hereby further amended to read as follows: (D) Penalty: Any person who violates Subsection (B) of this Section shall be subject to a fine of fifty dollars ($50.00)seventy-five dollars ($75.00), provided however, that if a violation occurs at the time of a traffic accident, the driver shall be subject to an additional fine not to exceed two hundred dollars ($200.00). SECTION 2: The findings and recitals contained herein are declared to be prima facie evidence of the law of the City and shall be received in evidence as provided by the Illinois Complied Statues and the courts of the State of Illinois. SECTION 3: All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 4: This ordinance shall be in full force and effect from and after its passage, approval and publication in the manner provided by law. SECTION 5: If any provision of this ordinance or application thereof to any person or circumstance is ruled unconstitutional or otherwise invalid, such invalidity shall not affect other provisions or applications of this ordinance that can be given effect without the invalid application or provision, and each invalid provision or invalid application of this ordinance is severable. 405 of 728 69-O-14 ~2~ Introduced: _______________, 2014 Adopted: _________________, 2014 Approved: ___________________________, 2014 ________________________________ Elizabeth B. Tisdahl, Mayor Attest: ______________________________ Rodney Greene, City Clerk Approved as to form: ________________________________ W. Grant Farrar, Corporation Counsel 406 of 728 6/13/2014 86-O-14 AN ORDINANCE Amending City Code Subsection 10-9-10(E) to Increase Fines for Riding Bicycles on Sidewalks in Certain Business Districts NOW BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS: SECTION 1: That Subsection 10-9-10(E) of the Evanston City Code of 2012, as amended, is hereby further amended to read as follows: (E) For violation of subsection 10-9-4(C) of this chapter, in which the issuing officer determines that a court appearance is not required, the fine is fifteen dollars ($15.00)twenty-five dollars ($25.00), with an additional ten dollars ($10.00) if paid after the expiration of ten (10) days from the day the ticket was issued. If the officer determines that a court appearance is in order, e.g., because of the particular circumstances and/or because of the offender's history or bicycle related violations, the minimum fine shall be thirty five dollars ($35.00) and the maximum shall be five hundred dollars ($500.00). SECTION 2: The findings and recitals contained herein are declared to be prima facie evidence of the law of the City and shall be received in evidence as provided by the Illinois Complied Statues and the courts of the State of Illinois. SECTION 3: All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 4: This ordinance shall be in full force and effect from and after its passage, approval and publication in the manner provided by law. SECTION 5: If any provision of this ordinance or application thereof to any person or circumstance is ruled unconstitutional or otherwise invalid, such invalidity shall not affect other provisions or applications of this ordinance that can be given effect 407 of 728 86-O-14 ~2~ without the invalid application or provision, and each invalid provision or invalid application of this ordinance is severable. Introduced: _______________, 2014 Adopted: _________________, 2014 Approved: ___________________________, 2014 ________________________________ Elizabeth B. Tisdahl, Mayor Attest: ______________________________ Rodney Greene, City Clerk Approved as to form: ________________________________ W. Grant Farrar, Corporation Counsel 408 of 728 For City Council meeting of July 14, 2014 Item A14 Ordinance 76-O-14 – Increase in Class D Liquor License – DMK Burger For Action To: Honorable Mayor and Members of the City Council Administration & Public Works Committee From: W. Grant Farrar, Corporation Counsel Theresa Whittington, Administrative Adjudication & Liquor Licensing Manager Subject: Ordinance 76-O-14, Increasing the Number of Class D Liquor Licenses for DMK Burger Bar & Fish Bar, 815 Noyes Street Date: June 17, 2014 Recommended Action: Staff recommends City Council adoption of Ordinance 76-O-14. This ordinance was introduced at the June 23, 2014 City Council meeting. Summary: Ordinance 76-O-14 amends Evanston City Code of 2012 Subsection 3-4-6-(D), as amended, to increase the number of authorized Class D liquor licenses from fifty (50) to fifty-one (51) and permit issuance of a Class D license to DMK Burger Bar & Fish Bar (“Company”), 815 Noyes Street. This license will permit Company to sell alcoholic liquor for consumption on the premises while food is available. Business Representative Jackie Cahon submitted application materials. Legislative History: At the May 15, 2014 Liquor Control Review Board meeting, DMK requested consideration of application for a Class D liquor license (Liquor/Restaurant) and the Board recommended the issuance of the License. Following discussion at the June 9th APW meeting, the license was revised to limit retail sales at the licensed premises to beer and wine only. Section 2 of the ordinance contains this revision. This ordinance was held in committee on June 9th pending this revision and discussion between the applicant and Ald. Fiske and Holmes. Attachments: Ordinance 76-O-14 Application Minutes of the May 15, 2014 Liquor Control Review Board meeting Memorandum 409 of 728 6/17/2014 5/28/2014 76-O-14 AN ORDINANCE Amending City Code Section 3-5-6-(D) to Increase the Number of Class D Liquor Licenses from Fifty to Fifty-One (DMK Burger Bar & Fish Bar, 815 Noyes Street) NOW BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS, THAT: SECTION 1: Subsection 3-5-6-(D) of the Evanston City Code of 2012, as amended, is hereby further amended by increasing the number of Class D liquor licenses from fifty (50) to fifty-one (51) to read as follows: (D) CLASS D licenses, which shall authorize the retail sale in restaurants only of alcoholic liquor for consumption on the premises where sold. No such license may be granted to or retained by an establishment in which the facilities for food preparation and service are not primarily those of a "restaurant", as defined in Section 3-5-1 of this Chapter. Alcoholic liquor may be sold in restaurants holding class D licenses only during the period when their patrons are offered a complete meal. The applicants for the renewal of such licenses may elect to pay the amount required herein semiannually or annually. Such election shall be made at the time of application. The annual single-payment fee for initial issuance or renewal of such license shall be $2,800.00. The total fee required hereunder for renewal applicants electing to make semiannual payments, payable pursuant to the provisions of Section 3-5-7 of this Chapter, shall be $2,940.00. No more than fifty (50) fifty-one (51) such licenses shall be in force at any one (1) time. SECTION 2: Pursuant to the findings and the discussion set forth in the legislative Record concerning this Ordinance, the licensee shall be authorized to offer for 410 of 728 76-O-14 ~2~ retail sale at the licensed premises beer and wine only. The restriction on the type of alcoholic beverages offered for retail sale at the premises licensed by this Ordinance shall not apply to any other holder of a Class D liquor license. Upon good cause shown, the licensee may petition the Local Liquor Control Commissioner to amend the terms of this Section 2 to permit the retail sale of spirits/alcoholic liquor at the licensed premises. Any such petition may only be filed with the Local Liquor Control Commissioner (6) six months after the effective date of this Ordinance. Nothing in this Ordinance shall be construed or held to create a vested right in the retail sale of spirits/alcoholic liquor at the licensed premises. SECTION 3: All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 4: If any provision of this ordinance or application thereof to any person or circumstance is ruled unconstitutional or otherwise invalid, such invalidity shall not affect other provisions or applications of this ordinance that can be given effect without the invalid application or provision, and each invalid provision or invalid application of this ordinance is severable. SECTION 5: The findings and recitals contained herein are declared to be prima facie evidence of the law of the City and shall be received in evidence as provided by the Illinois Compiled Statutes and the courts of the State of Illinois. SECTION 6: This ordinance shall be in full force and effect from and after its passage, approval, and publication in the manner provided by law. 411 of 728 76-O-14 ~3~ Introduced: _________________, 2014 Adopted: ___________________, 2014 Approved: __________________________, 2014 _______________________________ Elizabeth B. Tisdahl, Mayor Attest: _______________________________ Rodney Greene, City Clerk Approved as to form: ______________________________ W. Grant Farrar, Corporation Counsel 412 of 728 413 of 728 414 of 728 415 of 728 416 of 728 417 of 728 418 of 728 419 of 728 420 of 728 421 of 728 422 of 728 423 of 728 424 of 728 425 of 728 426 of 728 427 of 728 428 of 728 429 of 728 Page 1 of 3 MEETING MINUTES Liquor Control Board Thursday, May 15, 2014 11:00 a.m. Lorraine H. Morton Civic Center, 2100 Ridge Avenue, Room 2750 Members Present: Mayor Elizabeth Tisdahl, Marion Macbeth, Dick Peach, Byron Wilson Members Absent: Dave Skrodzki Staff Present: W. Grant Farrar, Theresa Whittington; Ylda Capriccioso Others Present: Michael Kornick (DMK); John Szostek (Piccolo); Alderman Ann Rainey, Ward 8); Minhaz Lakhani (Shell Gas Station) Presiding Member: Local Liquor Control Commissioner Elizabeth Tisdahl/Mayor CALL TO ORDER The Local Liquor Control Commissioner Elizabeth Tisdahl called the meeting to order at 11:00 a.m. All attendees introduced themselves and specified his/her role related to the meeting. NEW BUSINESS DMK Ventures – Noyes Street, LLC d/b/a DMK Burger Bar, 815 Noyes Street, Evanston IL 60202: DMK requested consideration of application for issuance of a Class D Liquor License (Liquor/Restaurant). Michael Kornick (MK) described DMK as a high quality burger bar serving canned craft beer. His experience with his Chicago locations indicated that most customers are interested in beer rather than wine or harder liquor. MK further stated that DMK has held liquor licenses in Chicago since 1993. The Evanston restaurant is small with only 26 seats making it easier to manage alcohol service. Board members reviewed the application packet in advance of the meeting and found it all in order. The Local Liquor Control Commissioner asked the members if there were any concerns over the request. None were voiced. The Board recommended issuing a Class D Liquor License to be introduced at the City Council meeting on June 9, 2014. Piccolo Theatre, Inc., d/b/a Piccolo Theatre, 600 Main Street, Evanston, IL 60201: Piccolo Theatre requested consideration of application for issuance of a Class U Liquor License (Beer-Wine/Performance Theatre). John Szostek (JS) explained his intent to enhance the theater experience by offering alcoholic beverages. Byron Wilson asked how Piccolo intends to make a profit from alcohol sales. JS explained that alcohol is a “break even” proposition and the intent is to enhance the theater experience and hopefully boost performance attendance. JS described his theater capacity as 50-60 seats. 430 of 728 Page 2 of 3 Board members reviewed the application packet in advance of the meeting and found it all in order. The Local Liquor Control Commissioner asked the members if there were any concerns over the request. None were voiced. The Board recommended issuing a Class U Liquor License to be introduced at the City Council meeting on June 9, 2014. Shell Gas Station, 2494 Oakton Street, Evanston, IL 60202: Consideration of a draft ordinance to create a liquor license class for Shell gas station at 2494 Oakton Street. Alderman Ann Rainey spoke on behalf of the request. Alderman Rainey noted to the Board that there are no residential homes near the Shell station. She also noted some outstanding characteristics of the station that she feels make it an ideal candidate for a liquor license. These include; 1) the convenience store area is quite large at 3500 square feet and carries a wide variety of products; 2) there have not been any issues at the store; and 3) the owners are very responsible people. Grant Farrar indicated that the license class can be written for the specific establishment with a minimum store area of 3000 sq. ft. Alderman Rainey proposed a retail alcohol sale area of no more than 400 sq. ft. Dick Peach voiced concern over underage drinkers at a 24 hour location and asked if the hours of sale will be limited. Grant Farrar responded that sale hours will be limited between 8am and Midnight. The Local Liquor Control Commissioner asked the members if there were any further concerns over the request. None were voiced. The Board recommended creating a new Liquor License class to the Oakton Shell station. The ordinance will be introduced at the City Council meeting on June 9, 2014. FOR DISCUSSION Review and discussion of existing one-day liquor licensing requirements and fees for non-profit organizations: Ylda Capriccioso of the City Manager’s Office (CMO) discussed her memo regarding one-day liquor license fees for non-profits. She explained that the issue was brought to the CMO by the Women’s’ Club of Evanston. The Women’s Club felt the fee is too high, especially for events spanning over several days. Board members Byron Wilson and Marion Macbeth both asked if we’ve looked at this issue before. Grant Farrar answered that a similar issue was brought to the Board by Light Opera Works, but the theatre group did not follow through with any further request. Dick Peach offered that it sounds like the non-profit license fee issue is now broadened to all non-profits. Mayor Tisdahl asked that The Women’s Club of Evanston submit a request for lower fees and be placed on a future LCRB agenda. Ylda Capriccioso will follow-up with The Women’s Board of Evanston. All discussion is held until The Women’s Board submits a request to the LCRB. ADJOURNMENT The meeting was adjourned by the Local Liquor Control Commissioner Elizabeth Tisdahl, Mayor at 11:27 a.m., May 15, 2014. 431 of 728 Page 3 of 3 Respectfully Submitted, Theresa Whittington Liquor Licensing Manager, Legal Department 432 of 728 PLANNING & DEVELOPMENT COMMITTEE MEETING Monday, July 14, 2014 7:15 p.m. Lorraine H. Morton Civic Center, 2100 Ridge Avenue, Evanston Council Chambers AGENDA I. CALL TO ORDER/DECLARATION OF QUORUM: ALDERMAN RAINEY, CHAIR II. APPROVAL OF REGULAR MEETING MINUTES OF JUNE 9, 2014 III. ITEMS FOR CONSIDERATION (P1) Approval of Sidewalk Café for Naf Naf Grill, 1629 Orrington Ave The Site Plan and Appearance Review Committee (SPAARC) and staff recommend approval of a first-time application for a sidewalk café (SWC) permit for Naf Naf Grill, a Type #2 restaurant located at 1629 Orrington Ave. For Action (P2) Approval of Sidewalk Café for DMK Burger & Fish, 815 Noyes St The Site Plan and Appearance Review Committee (SPAARC) and staff recommend approval of a first-time application for a sidewalk café (SWC) permit for DMK Burger & Fish, a Type #2 restaurant located at 815 Noyes St For Action (P3) Approval of Community Partners for Affordable Housing (CPAH) $300,000 Forgivable HOME Loan Staff recommends the approval of a $300,000 forgivable HOME loan to Community Partners for Affordable Housing (CPAH) for the acquisition and rehabilitation of a five-flat property at 1620 Washington Street. HOME funds will be used for the acquisition and rehab of three of the five units for rental by households with incomes ≤ 60% of the area median income (AMI). Funding is provided by the City’s HOME grant (Account 240.10060.014.5430.65535). For Action 433 of 728 Planning & Development Committee Meeting Agenda Page 2 of 2 July 14, 2014 (P4) Approval of Affordable Housing Fund Loan for Security Cameras at the Claridge Apartments (319 Dempster) The Housing and Homelessness Commission and staff recommend approval of a forgivable loan from the City’s Affordable Housing Fund to Housing Opportunity Development Corporation (HODC) in an amount not to exceed $25,000. The loan will be used to purchase and install a comprehensive security camera system in the common areas of the 48-unit Claridge Apartment building located at 319 Dempster. Funding is provided by the Affordable Housing Fund (Account 250.10060.004.5465.65510). For Action (P5) Ordinance 90-O-14, Granting Zoning Relief for a Rear Yard Setback and Zero Parking Spaces at 1026 Davis Street The Zoning Board of Appeals and City staff recommend the adoption of Ordinance 90-O-14 granting zoning relief for a 9.9’ rear yard setback and zero parking spaces where 31 parking spaces are required for a new two-story commercial building with retail and two Type 1 Restaurants at 1026 Davis Street. For Introduction Agenda Items P6 and P7: The following two ordinances 83-O-14 and 89-O-14 provide for rezoning and zoning variations which will accommodate redevelopment to establish one two-unit dwelling and one single family home at 1409 Dodge Avenue and 1825 Greenwood Street. (P6) Ordinance 83-O-14 Zoning Ordinance Map Amendment from I2 to R4 for 1409 Dodge Avenue and 1825 Greenwood Street The Plan Commission, Zoning Board of Appeals and City staff recommend City Council adoption of Ordinance 83-O-14 to rezone the subject property from I2 General Industrial to R4 General Residential district For Introduction (P7) Ordinance 89-O-14 Zoning Relief for Two Principal Structures, Setbacks, and Parking at 1409 Dodge Avenue and 1825 Greenwood Street The Plan Commission, Zoning Board of Appeals and City staff recommend City Council adoption of Ordinance 89-O-14 to approve zoning relief for two principal structures on one lot, a 14.4’ front yard setback, 8.5’ street side yard setback, 1.9’ interior side yard setback, 1.7’ interior side yard setback, 6.6’ rear yard setback, and two parking spaces where three are required. For Introduction IV. ITEMS FOR DISCUSSION V. COMMUNICATIONS VI. ADJOURNMENT 434 of 728 Planning & Development Committee Meeting Minutes of June 9, 2014 – 7:15 p.m. Council Chambers - Lorraine H. Morton Civic Center MEMBERS PRESENT: J. Fiske, D. Holmes, A. Rainey, D. Wilson, M. Wynne MEMBERS ABSENT: J. Grover, M. Tendam STAFF PRESENT: M. Masoncup, B. Newman, L. Pearson PRESIDING OFFICIAL: Ald. Rainey I. DECLARATION OF QUORUM A quorum being present, Chair Rainey called the meeting to order at 7:16 p.m. II. APPROVAL OF REGULAR MEETING MINUTES OF MAY 27, 2014 Ald. Holmes moved approval of the minutes of the May 27, 2014 meeting, seconded by Ald. Wynne. The Committee voted unanimously 5-0 to approve the May 27, 2014 minutes. III. ITEMS FOR CONSIDERATION Chair Rainey announced that Item P5 related to 910 Hinman had been struck from the agenda and will be further reviewed by the Zoning Board of Appeals. (P1) Approval of Sidewalk Café for Café Mozart, 600 Davis Street Staff recommends approval of a first-time application for a sidewalk café (SWC) permit for Café Mozart, a Type #2 Restaurant located at 600 Davis Street. For Action Ald. Holmes moved to recommend approval of the sidewalk café, seconded by Ald. Fiske. Amina Rihana, owner of Café Mozart, said she has owned it for approximately 10 months, business is slow and she hopes the sidewalk café improves business. The Committee voted unanimously 5-0 to recommend approval of the sidewalk café. (P2) Resolution 40-R-14, Amendment to the Professional Services Agreement for the Evanston Main Street Transit-Oriented Development Study and Plan City staff recommends City Council adoption of Resolution 40-R-14, the second amendment to the professional services agreement with Parsons Brinkerhoff (30 N LaSalle Street, Suite 4200, Chicago, IL) to extend the contract completion date from DRAFT – NOT APPROVED 435 of 728 Planning & Development Committee Meeting Minutes of June 9, 2014 Page 2 of 3 March 31, 2014 to June 30, 2014. There will be no additional cost incurred by the City for the extension. For Action Ald. Wilson moved to recommend approval of Resolution 40-R-14, seconded by Ald. Wynne. Lorrie Pearson, Planning & Zoning Administrator, explained that the study started 1 and a half years ago with the RTA to look at improvements and strengthen the connectivity between the transit, bicycles and pedestrians. She said most of the recommendations will be the RTA/CTA’s responsibility; the City could be responsible for such things as bicycle parking, cross walking and way-finding signs. The amendment extends the completion date of the agreement. The Committee voted unanimously 5-0 to recommend approval of Resolution 40-R-14, extending the completion date in the agreement with Parsons Brinckerhoff. (P3) Adoption of Main Street Transit-Oriented Development Study The Plan Commission and City staff recommend adoption of the Main Street Station Transit Oriented Development (TOD) Study. The City partnered with Regional Transportation Authority (RTA) to conduct a planning and visioning study focusing on the Main Street Metra and CTA station area enhancements to increase the connectivity between stations, the Main Street Business District and surrounding neighborhoods. For Action Ald. Wynne moved to recommend adoption of the Main Street Transit-Oriented Development Study, seconded by Ald. Wilson. The Committee voted unanimously 5-0 to recommend approval. (P4) Ordinance 72-O-14, Parking Variance for 802 Florence City staff and SPAARC Committee recommend adoption of Ordinance 72-O-14 granting major zoning relief necessary in order to subdivide a lot with three legal- nonconforming dwelling units into two lots of record. The Zoning Board of Appeals recommends denial of the zoning relief because the proposal is intended to extract additional income from the property, does not provide a public benefit, and is not the minimum change necessary. For Introduction Chair Rainey called the public who wished to speak to the podium. Karen Pratt, owner of 802 Florence, first corrected the record as she is not requesting the zoning relief to subdivide the property for financial gain. She said she has lived there for 22 years, that the property had been on the market for 3 years before she bought it, and she has developed the corner extensively. She said she was an Evanston teacher for 28 years and is retired. She explained that the plat 436 of 728 Planning & Development Committee Meeting Minutes of June 9, 2014 Page 3 of 3 does not look large but if you stood in front of the property, it looks very large. She said she needs to sell the 2-flat because the taxes are $12,000, insurance is more, and if she does not divide it she will need to sell it because she cannot afford it. She said she was begging the Committee for their consideration. She said there is off street parking: a 2 car garage and an apron and she will share that with the new owners, if necessary. Anne Harkoner of 1524.5 Main Street and an Evanston resident for 43 years, who lives ½ block away from Ms. Pratt, explained that Ms. Pratt’s 2-flat faces Washington and the house Ms. Pratt lives in faces Florence. Ms. Harkoner said her own lot has been divided into condos and suggested that as an alternative to the subdivision, if need be. Ald. Coleen Burrus said the property is in the 9th Ward and that she is in support of the Ordinance. She said she has heard of no issues from the neighbors regarding the request. Ald. Wilson said he is in support of the Ordinance. He said the suggestion to make the 2 properties condos could lead to complications. Ald. Holmes agreed with Ald. Wilson. Ald. Wilson moved to recommend introduction of Ordinance 72-O-14, seconded by Ald. Holmes. The Committee voted unanimously 5-0 to recommend introduction of the Ordinance. IV. ITEMS FOR DISCUSSION There were no items for discussion. V. COMMUNICATIONS There were no communications. VI. ADJOURNMENT Ald. Wynne moved to adjourn, seconded by Ald. Holmes. The Committee voted unanimously 5-0 to adjourn. The meeting was adjourned at 7:30 p.m. Respectfully submitted, Bobbie Newman 437 of 728 For City Council meeting of July 14, 2014 Item P1 Business of the City by Motion – Sidewalk Café, Naf Naf Grill For Action To: Honorable Mayor and Members of the City Council Planning and Development Committee From: Evonda Thomas-Smith, Health Department Director Subject: Sidewalk Café for Naf Naf Grill Date: June 20, 2014 Recommended Action: The Site Plan and Appearance Review Committee (SPAARC) and staff recommend approval of a first-time application for a sidewalk café (SWC) permit for Naf Naf Grill, a Type #2 Restaurant located at 1629 Orrington Ave. Funding Source: Not applicable. Summary: At the June 18, 2014 SPAARC meeting, with representatives Franklin Wiener in attendance, the committee reviewed the findings of the Health Department, Engineering Division and Legal Department. The Committee approved the request for a SWC permit. Legislative History: Considered at the June 18, 2014 SPAARC meeting; committee voted to recommend approval of the application as submitted. Attachments: SWC Application Naf Naf Grill SWC Site Plan Naf Naf Grill SWC SPAARC Recommendation Naf Naf Grill Memorandum 438 of 728 439 of 728 440 of 728 441 of 728 442 of 728 443 of 728 444 of 728 445 of 728 446 of 728 447 of 728 For City Council meeting of July 14 , 2014 Item P2 Business of the City by Motion – Sidewalk Café, DMK Burger & Fish For Action To: Honorable Mayor and Members of the City Council Planning and Development Committee From: Evonda Thomas-Smith, Health Department Director Subject: Sidewalk Café for DMK Burger & Fish Date: July 7, 2014 Recommended Action: The Site Plan and Appearance Review Committee (SPAARC) and staff recommend approval of a first-time application for a sidewalk café (SWC) permit for DMK Burger & Fish, a Type #2 restaurant located at 815 Noyes St Summary: At the July 2, 2014 SPAARC meeting, with representative Kristin Rotar in attendance, the committee reviewed the findings of the Health Department, Engineering Division and Law Department. The Committee approved the request for a SWC permit. Legislative History: Considered at the July 2, 2014 SPAARC meeting; committee voted to recommend approval of the application as submitted. Attachments: SWC Application DMK Burger & Fish SWC Site Plan DMK Burger & Fish SWC SPAARC Recommendation DMK Burger & Fish Memorandum 448 of 728 449 of 728 450 of 728 451 of 728 452 of 728 453 of 728 454 of 728 455 of 728 456 of 728 457 of 728 458 of 728 For City Council meeting of July 14, 2014 Item P3 Business of the City by Motion: HOME Loan for CPAH For Action To: Honorable Mayor and Members of the City Council Planning and Development Committee From: Mark Muenzer, Director of Community Development Sarah Flax, Housing and Grants Administrator Mary Ellen Poole, Housing Planner Subject: Approval of Community Partners for Affordable Housing (CPAH) $300,000 forgivable HOME loan Date: June 16, 2014 Recommended Action: Staff recommends the approval of a $300,000 forgivable HOME loan to Community Partners for Affordable Housing (CPAH) for the acquisition and rehabilitation of a five- flat property at 1620 Washington Street. HOME funds will be used for the acquisition and rehab of three of the five units for rental by households with incomes ≤ 60% of the area median income (AMI). Funding Source: Funding is from the City’s HOME grant, (240.10060.014.5430.65535), in the amount of $300,000. The City has an available balance of approximately $480,000 in HOME entitlement, including its 2014 grant and program income. 2014 funds must be committed by summer 2016. City staff is currently underwriting an application from the Housing Authority of Cook County that would account for a portion of the remaining $180,000 HOME balance. Summary CPAH is requesting a $300,000 forgivable HOME loan from the City of Evanston to acquire and rehabilitate three units of housing for affordable rental as part of the Evanston Community Revitalization Partnership (ECRP) initiative, which was awarded $1.5 million in Foreclosure Settlement funds by the Illinois Attorney General’s office (IAG).The City’s HOME funds will be layered with approximately $541,000 in IAG funds and $10,000 in Evanston Community Foundation grant funds on this property. ECRP will acquire and rehabilitate a total of 10 units, five rentals and five ownership. The City’s HOME investment in ECRP will total $577,685 and leverage $1.5 million in IAG funds. The City awarded CPAH $277,685 in HOME funds in May 2013 to acquire and rehabilitate two single family homes, 1409 Darrow and 1324 Hartrey, completing the five total units of rental housing being developed through the ECRP initiative. Memorandum 459 of 728 CPAH has a contingent offer on 1620 Washington Street (Ward 9, census block 810302), which was foreclosed upon by Fannie Mae. CPAH has been working with Fannie Mae since October 2013 and as of June 17, their offer has been accepted. By acquiring this building, CPAH will help keep long time tenants in place as well as provide much needed capital improvements to the building. In addition to the three HOME units that will be restricted to households with incomes ≤ 60% AMI, the remaining two rental units would be restricted to households with incomes ≤ 80% AMI. This project meets the City of Evanston Consolidated Plan goals by addressing the need for rental units affordable to households with incomes ≤ 60% AMI. This project will help to preserve existing housing stock and continue to develop an inventory of affordable housing in Evanston. The ECRP partnership will conduct an environmentally sustainable rehabilitation to ensure the housing remains affordable for households ≤ 60% AMI. The 1620 Washington property will be part of ECRP’s portfolio and remain affordable for at least 15 required by HOME regulations. CPAH was certified as a Community Housing Development Organization (CHDO) in 2014. HOME funds for the project count towards the CHDO set aside obligation required by HUD regulations. CPAH has proven capacity and experience developing and managing scattered site rental. Its Executive Director, Rob Anthony, is an Evanston resident and has significant experience developing affordable housing and administering federal and local grant funds for homeless and affordable housing programs. Attachments: CPAH Project Sources and Uses Photo of Site Page 2 of 2 460 of 728 Project Name Total Square Feet:5 Project Number Avg SqFt/Unit:3 Developer Project Type:Target Population: Unit Type Average Rent Development Costs Total Per Unit % of Total Total Predevelopment:$10,000 $2,000 1.2% Total Acquisition:$305,000 $61,000 35.8% Total Construction:$416,750 $83,350 49.0% Total Professional Services:$2,500 $500 0.3%$210.12 Total Carrying & Construction Finance:$11,750 $2,350 1.4% Total Permanent Financing:$0 $0 0.0% Total Reserves:$15,000 $3,000 1.8% $0 $90,000 $18,000 10.6% Total Development Costs*$851,000 $170,200 100.0% Permanent Sources Total Per Unit % of Total Interest Rate Loan Term (yrs) Annual Payment Bank Mortgage Est. mortgage: $102,968 $0 0.0% $300,000 $60,000 35.3%$0 $0 0.0% $0 0.0% $0 0.0% $541,000 $108,200 63.6%$0 $10,000 $2,000 1.2%$0 $0 0.0% $0 0.0% $0 0.0% Total Sources $851,000 $170,200 100.0%$0 (GAP) or Surplus $0 $0 0.0%DCR: #DIV/0! Amount Available During Construction % TDC Const. Loan Interest Rate Private Construction Loan (bank financing)0.0% Developer Equity (Self-financing for acquistion, predevelopment, etc.)0.0% Other: Illinois Attorney General Grant $476,000 55.9% Other: 0.0% Other: 0.0% City of Evanston HOME Development Subsidy Available for Construction $270,000 31.7% Costs Not Incurred During Construction (reserves, dev. fee, etc.)$105,000 12.3% Total Construction Sources $851,000 100.0% Construction Financing Surplus/(Gap)?$0 0.0% City of Evanston HOME Subsidy Request Total Per Unit Development Subsidy- Permanent Loan $300,000 $60,000 Permanent Subsidy Proposed use of HOME funds: Unit Mix Efficiency 1 BR 2 BR 3 BR 4 BR Total < 30% AMI 00 0 0 0 0 40% AMI 0 0 0 0 0 0 50% AMI 0 0 0 0 0 0 60% AMI 0 1 2 0 0 3 <80% AMI 0 1 1 0 0 2 Market Rate 0 0 0 0 0 0 Total 02 3 0 0 5 Operating Budget Annual Per Unit Gross Rent Potential $44,952 $8,990 Vacancy Years 1-4 8.0% Other Income $1,200 $240 Vacancy Years 5+8.0% Vacancy $3,596 $719 Rent Inflation Years 1-4 2.0% Adjusted Gross Income $41,356 $8,271 Rent Inflation Years 5+ 2.0% Operating Expenses $33,950 $6,790 Expense Inflation: Net Operating Income $5,406 $1,081 Administration 3.0% Debt Service $0 $0 Maintenance 3.0% Operating 3.0% Escrows & Reserves 3.0% Debt & Cash Flow Over Time Annual Per Unit #DIV/0!Year 1 Net Cash Flow $5,406 $1,081 #DIV/0!Year 5 Net Cash Flow $4,303 $861 #DIV/0!Year 10 Net Cash Flow $2,517 $503 #DIV/0!Year 15 Net Cash Flow $2,191 $438 #DIV/0!Year 20 Net Cash Flow $2,209 $442 Total Per Unit Total Cash Flow Over 10 Yrs $40,708 $8,142 Total Cash Flow Over 15 Yrs $50,553 $10,111 Total Cash Flow Over 20 Yrs $61,348 $12,270 Total Units: $18,208 Key Assumptions Construction Financing Sources (May include permanent sources listed above.) Other: $28,053 $38,848 Year 20 DCR Year 10 DCR City of Evanston Sources & Uses Summary Developer Notes Total Cost/SqFt: Year 15 DCR Other: Evanston Community Foundation Year 1 DCR Evanston Community Revitali 0 4,050 810 0 749 City of Evanston HOME Funds (Development Subsidy) HOME Units: Construction Cost/SqFt: After Cash Flow Payments: Acquisition Low Income Housing Tax Credits Developer Equity Other: Illinois Attorney General Grant Other State/Federal/Historic Tax Credits Year 5 DCR $102.90 Community Partners for Afford Rehab Other Other: State HOME Funds Copy of CPAH HOME Application - 1620 Washington 6.18.2014 8)Sources&Uses Page 1 of 2 6/24/2014461 of 728 Developer Notes Date Entered 6/1/2014 City of Evanston Underwriting Summary Date City of Evanston Underwriting Notes Date Entered 6/18/2014 6/18/2014 None Rent are well below area rents. CPAH maintains a robust waiting list 4. Assess neighborhood market conditions: a. Completed similar projects successfully? b. Any problem projects current or past? Robust waiting list none Yes b. What supports lease up within 18 months? a. What supports proposed rents? a. How does project fit in with Con Plan, housing strategies,etc? 1. General Justification for Funding: As described in application "Evanston’s 2010-2014 Consolidated Plan reports that the demand for affordable rental units has increased dramatically. The project is an ideal match with the City’s Consolidated Plan priority goal “to increase housing affordability (DH-2).” It is also an exact match with the goal’s ninth bullet point to “purchase and rehab foreclosed and abandoned units to convert into new affordable housing units.” CPAH operates a nonprofit Community Land Trust (CLT) in order to ensure that each unit created remains affordable in perpetuity. The CLT model uses a one-time investment to create an infrastructure of housing that will remain affordable forever to address the community's current and future affordable housing needs. In order to accomplish this, CPAH makes an additional operating subsidy reserve deposit in years 1 thru 10. CPAH will draw on this operating subsidy reserve beginning in year 13 in order to keep the units affordable throughout the period and beyond and beyond (in perpetuity). FULL FUNDING at $300,000 Phase 1 completed before acquisition Yes b. Is an additional Capital Reserve needed? How will it be funded? Yes None None 9. CURRENT RECOMMENDATION FOR FUNDING: a. Is there evidence they are managing similar properties successfully? e. Concerns/Other info: None Nonec. Concerns/Other info: c. Concerns/Other info: b. Any problem projects current or past? none d. What is the status of other funding sources? e. Describe the evidence that the project can operate sustainably through the compliance period. Evanston has identified affordable rental outside of NSP2 areas as a high need. Yes All underwriting falls within ranges in the HOME policies and procedures 2. Why is the project needed? 3. Examine the sources & uses and operating pro forma. c. Has adequate funding been secured? b. How was this determined? f. Concerns/Other info: a. Are costs reasonable? 1. Operating expense fall at $4,990/unit (not the $6,790 as stated on page 1) because they exclude taxes. This is within the acceptable range. 2. Need to review URA requirements Yes. Both the AG grant and the ECF grant. Committed and secured CPAH is an experienced owner of affordable rental housing. Partnering with another very experienced developer-Brinshore Development. None Submitted financial statements Resumes and proven track record c. Describe evidence developer is financially stable. d. Describe evidence dev staff is sufficient, qualified. 7. Examine the Capital Needs Assessment (CNA) 6. Assess the capacity of the ongoing management c. Concerns/Other info: 5. Assess the capacity of the developer/development team. Name a. Can the project cover capital improvements throughout the Period of Affordability? Underwriting performed by: Title 8. What contingencies should be placed on funding? Copy of CPAH HOME Application - 1620 Washington 6.18.2014 8)Sources&Uses Page 2 of 2 6/24/2014462 of 728 463 of 728 For City Council meeting of July 14, 2014 Item P4 Business of the Council by Motion: Security Cameras at 319 Dempster For Action To: Honorable Mayor and Members of the City Council Planning and Development Committee From: Mark Muenzer, Director of Community Development Sarah Flax, Housing and Grants Administrator Mary Ellen Poole, Housing Planner Subject: Approval of Affordable Housing Fund Loan for Security Cameras at the Claridge Apartments (319 Dempster) Date: July 1, 2014 Recommended Action The Housing and Homelessness Commission and staff recommend approval of a forgivable loan from the City’s Affordable Housing Fund to Housing Opportunity Development Corporation (HODC) in an amount not to exceed $25,000. The loan will be used to purchase and install a comprehensive security camera system in the common areas of the 48-unit Claridge Apartment building located at 319 Dempster. Funding Source Funding is provided by the Affordable Housing Fund (250.10060.004.5465.65510) in the amount of $25,000. Because the security system is not part of a residential unit, the project is not eligible for Federal HOME funds. The loan will have a 5-year term and require the building to remain in use as rental housing affordable to households with incomes at or below 100% of the area median income as required by the Affordable Housing Fund. All residents are low-income with incomes below 60% of the area median income, with a third under 50% AMI and a third under 30% AMI. If compliant with the loan terms, the loan will be forgiven at the completion of the term. Summary HODC owns and manages the Claridge Apartment building, which has provided 48 units of affordable rental for very low- and low-income individuals, including seniors, previously homeless and persons with disabilities, since 2002. This building has safety and security issues that have resulted in an increased police presence. Many of the incidents that have resulted in police calls involved individuals who were not actual residents of the building. Staff has met with HODC management and the City of Memorandum 464 of 728 Evanston’s Police Department to outline solutions to decrease criminal activity at the building. Staff has reached out to owners of other buildings with similar tenancy that have successfully managed the same types of occurrences. All parties, including the City of Evanston’s Police Department, have stated that a comprehensive security camera system will lessen unwanted activities in the building, assist in enforcement, as well as provide an additional level of safety and well-being for all residents, particularly the elderly and residents with disabilities. A security camera system is a much more cost efficient way to improve safety that does not require additional space or staffing, unlike staffing a 24-hour front desk. HODC obtained three competitive bids for the purchase and installation of a security camera system for the building. The prices range from approximately $5,000 for 2 cameras at the entries to a comprehensive system costing $19,288. Staff recommends approving a not-to-exceed amount of $25,000 to cover any additional expenses for wireless internet and permits. HODC would be responsible for the on-going monthly wireless and maintenance costs to operate the security system. Cameras would be positioned at all stairwells, hallways, outside the periphery of the building, the community room and all entrances and exits. Data will be able to be viewed and downloaded remotely by HODC and the Evanston Police Department. All Tenants have been informed of the plan to install security cameras in public areas of the building. Tenants were given HODC staff information as well as the City’s Housing Planner, Mary Ellen Poole’s contact information to voice any concerns. One tenant called for reasons that were not specifically about the camera installation. If approved and installed, signs will be posted in all areas informing individuals that they are being recorded. Attachments HODC Affordable Housing Fund request City of Evanston Police Department Letter of Recommendation Page 2 465 of 728 To: Mary Ellen Poole & Sarah Flax, City of Evanston From: Richard Koenig Subject: 319 Dempster Security System Date: April 28, 2014 The purpose of this memo is to update you on the status of potentially installing a security system at Claridge Apts. As we have discussed, the Evanston Police Department has recommended installing cameras throughout the building to deter and record any criminal activity. In order to understand the options and estimate the cost of such a system, I met with a police department representative on-site and secured bids from three potential installation contractors: Alarm Detection Systems, Keyth Technologies, and Sound Incorporated. Two of these provided multiple alternatives for our consideration and discussed with me several options for systems and cameras. Following is my understanding of the possibilities. There is a base price for the system consisting of a network video recorder with battery backup and monitor. Data can be viewed and downloaded on-site, or remotely (by us or the police) if internet service is provided. Pricing mainly depends on the size of the data drive since the larger the storage capacity, the longer the recordings are available. Data is recorded based on movement and when the drive is full, the oldest data falls off. Most recommend at least 2 terabits which should retain about 2-3 weeks’ worth of activity. Then there is a cost for each camera plus installation. There are a large variety of camera types depending on the quality of resolution desired so prices vary widely for each camera but most recommend a digital (versus analog) camera of about 3 megapixels. This allows for a clear picture, zooming, and face recognition (in a legal situation). The final (and most complicated) issue is location and number of cameras. The basic option covers the entrances with one camera inside the front entrance, at least one camera outside in the alleyway by the backdoor, and one in the community room. (Some say two outside would be better or maybe one inside the backdoor.) The next level of security would be adding cameras to each of the 4 hallways for a total of at least 7 cameras. The highest level of security would be additional cameras focusing on each of the stairwells in the front and back adding 8 more cameras for a total of about 15. Each camera operates independently so our options are limitless. Comparing the bids directly is a little difficult because each provided their preferred configuration but we have rough estimates of costs for each of the three options: entries; entries and halls; entries, halls and stairs. Prices range from about $5000 to $20,000 installed. Company/Option(#Cameras) Entries (3) Entries & Halls (7) Entries, Halls & Stairs (15) Keyth $7,317 (5) $11,963 (11) ADS $4,736 (2) $10,755 (6) $19,288 (12) Sound Inc $9,598 (4) HOUSING OPPORTUNITY DEVELOPMENT CORPORATION Opportunity Development Corporation 2001 Waukegan Rd, PO Box 480 Techny, Illinois 60082 (847) 564-2900 (847) 564-2992 fax hodc@hodc.org www.hodc.org www.hodc.org 466 of 728 Two companies also offered monthly maintenance contracts. We will also need to obtain internet access in the building and permits. We would like to get the most secure system possible but understand funding limitations. In order to get better bids it would be helpful to understand how much assistance the city might be able to provide so that we can determine a budget. Please let me know if you have any questions. 467 of 728 468 of 728 For City Council meeting of July 14, 2014 Item P5 Ordinance 90-O-14: Zoning Relief for a Rear Yard Setback and Zero Parking Spaces at 1026 Davis Street For Introduction To: Honorable Mayor and Members of the City Council Planning and Development Committee From: Mark Muenzer, Director of Community Development Lorrie Pearson, Planning and Zoning Administrator Melissa Klotz, Zoning Planner Subject: Ordinance 90-O-14, Granting Zoning Relief for a Rear Yard Setback and Zero Parking Spaces at 1026 Davis Street Date: July 2, 2014 Recommended Action The Zoning Board of Appeals and City staff recommend the adoption of Ordinance 90- O-14 granting zoning relief for a 9.9’ rear yard setback and zero parking spaces where 31 parking spaces are required for a new 2-story commercial building with retail and two Type 1 Restaurants at 1026 Davis Street. The applicant has complied with all other zoning requirements, and meets the standards for variances in the D2 Downtown Retail Core District. Summary 1026 Davis Street is located on the south side of Davis Street between Oak and Maple Avenues in the D2 Downtown Retail Core District and is surrounded by a variety of commercial uses and multifamily residential. The property in question is the current location of Tom Thumb Hobby & Crafts, which is relocating to Niles later this summer. The property features a one-story building with a partial second story. The building was moderately damaged by a fire years ago and therefore cannot support the expansion of a full second story. The applicants propose to construct a 2-story building with approximately 19,980 square feet of commercial space. The first floor will feature two full-service restaurants, Taco Diablo and Lulu’s Asian Fusion, on the east half of the building, as well as general retail space on the west half of the building. The second floor will feature additional seating and event space for functions related to the first-floor restaurants, and an outdoor terrace fronting Davis Street. The building design has received preliminary approval at SPAARC, and is considering moderate design changes such as the addition of a Memorandum 469 of 728 ground-floor knee-wall as an architectural element consistent with the adjacent buildings. The combination of restaurants and retail uses require a total of 31 parking spaces. The 12,000 square foot lot size and 88’ width make it difficult to construct enclosed parking. Additionally, the property does not feature alley access – only a small access easement at the rear of the property for deliveries and garbage pickup. The easement is not large enough for vehicles to regularly use to enter and exit a parking lot; any parking provided on site would require a curb cut on Davis Street that would eliminate street parking and reduce the commercial space along the street. Based on their previous experience with the same restaurants at their former location across the street, the applicants believe 31 parking spaces are not necessary for the given uses, which are pedestrian oriented. Most employees of the restaurants either use public transportation or walk to work. The applicants plan to offer valet service as necessary when special events occur in the second floor space. On-street parking is available directly in front of the property, and multiple City parking garages are nearby. The applicants also request a 9.9’ rear yard setback where 15’ is required due to the adjacent residential zoning district to the rear of the property. The requested setback proposes a building footprint that is the same as the current building footprint. The fire escapes at the rear of the building may have to be enclosed to meet the fire code, which would slightly increase the building footprint but still meet the requested 9.9’ setback. City staff has not received letters of objection to the project. Some citizens that live near the property attended the Zoning Board hearing and voiced concerns regarding the parking variance. Neighborhood Benefit This use should not cause a negative effect on the surrounding neighborhood. The proposed development complements the pedestrian-friendly downtown by encouraging walkability and eyes on the street via the second story terrace. Ample parking is available on the street and in nearby parking garages. The rear yard setback is an existing condition that will be replaced by the proposed building and should not negatively impact the adjacent residences. The development will allow two local Evanston restaurants to reopen in the downtown, and will utilize a property that would otherwise sit unused. Comprehensive Plan The Evanston Comprehensive General Plan encourages the redevelopment of vacant spaces within the downtown. The Comprehensive General Plan specifically includes: Objective: Retain and attract businesses in order to strengthen Evanston’s economic base. Objective: Promote the growth and redevelopment of business, commercial, and industrial areas. The requested variances will promote the pedestrian-friendly character of the downtown and bring two local restaurants back to the area on a redeveloped property. 470 of 728 Legislative History July 1, 2014: The ZBA recommended unanimous approval of the requested variances with the following conditions: 1. Employees of the restaurants shall not park on the street. 2. The project must be within substantial compliance with the documents and testimony on record. Attachments Proposed Ordinance 90-O-14 July 1, 2014 ZBA Draft Meeting Minutes ZBA Findings Staff memo to the ZBA ZBA Application Packet – July 1, 2014 Additional Document Submitted to ZBA (Re: Fire Code) 471 of 728 7/1/2014 90-O-14 AN ORDINANCE Granting Major Variations Related to 1026 Davis Street in the D2 Downtown Retail Core Zoning District WHEREAS, Daniel Kelch and Marty Cless, contract purchaser and owner, respectively (collectively, the “Applicants”), of the property commonly known as 1026 Davis Street (the “Subject Property”), located within the D2 Downtown Retail Core zoning district and legally described in Exhibit A, attached hereto and incorporated herein by reference, submitted an application seeking approval of Major Variations to zoning requirements imposed by Subsections 6-11-3-8-E and 6-16-3-5 of Title 6 of the Evanston City Code of 1979, as amended (the “Zoning Ordinance”); and WHEREAS, the Applicant requests the following Major Variations: (A) The Applicant requests a 9.9 foot rear yard setback where a fifteen (15) foot rear yard setback is required; and (B) The Applicant requests zero (0) on-site parking spaces where thirty-one (31) parking spaces are required; and WHEREAS, on July 1, 2014, the Zoning Board of Appeals (“ZBA”), pursuant to proper notice, held a public hearing in case no. 14ZMJV-0063 to consider the application, received testimony, and made written records and findings that the application did meet the standards for Major Variations set forth in Subsection 6-3-8-12- (E) of the Zoning Ordinance and recommended City Council approval thereof; and WHEREAS, at its meeting of July 14, 2014, the Planning and Development (“P&D”) Committee of the City Council considered and accepted the 472 of 728 90-O-14 ~2~ ZBA’s recommendation, and recommended City Council approve the Major Variations, as requested; and WHEREAS, at its meetings of July 14, 2014 and July 28, 2014, the City Council considered and adopted the recommendation of the P&D Committee, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS, THAT: SECTION 1: The foregoing recitals are hereby found as fact and incorporated herein by reference. SECTION 2: The City Council hereby adopts the P&D Committee’s records, findings, and recommendations, and hereby approves, pursuant to Subsection 6-3-8-10-(D) of the Zoning Ordinance, the Major Variations on the Subject Property applied for in case no. 14ZMJV-0063 and described hereinabove. SECTION 3: The Major Variations approved hereby are as follows: (A) Approval to allow a 9.9 foot rear yard setback where Subsection 6-11-3-8-E requires a fifteen (15) foot rear yard setback. (B) Approval to allow zero (0) on-site parking spaces where Subsection 6-16-3-5 requires thirty-one (31) parking spaces. SECTION 4: Pursuant to Subsection 6-3-8-14 of the Zoning Ordinance, the City Council hereby imposes the following conditions on the Major Variations granted hereby, violation of any of which shall constitute grounds for penalties or revocation thereof pursuant to Subsections 6-3-10-5 and 6-3-10-6 of the Zoning Ordinance: (A) Compliance with Requirements: The Applicant shall develop and use the Subject Property in substantial compliance with all applicable legislation, with the testimony and representations of the Applicant to the ZBA, the P&D Committee, and the City Council, and the approved plans and documents on file in this case. 473 of 728 90-O-14 ~3~ (B) Employee Parking: Employees must not park on the street when driving to and from work. SECTION 5: When necessary to effectuate the terms, conditions, and purposes of this ordinance, “Applicant” shall be read as “Applicant’s agents, assigns, and successors in interest.” SECTION 6: Except as otherwise provided for in this ordinance, all applicable regulations of the Zoning Ordinance and the entire City Code shall apply to the Subject Property and remain in full force and effect with respect to the use and development of the same. SECTION 7: This ordinance shall be in full force and effect from and after its passage, approval, and publication in the manner provided by law. SECTION 8: All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 9: If any provision of this ordinance or application thereof to any person or circumstance is ruled unconstitutional or otherwise invalid, such invalidity shall not affect other provisions or applications of this ordinance that can be given effect without the invalid application or provision, and each invalid provision or invalid application of this ordinance is severable. SECTION 10: The findings and recitals herein are declared to be prim a facie evidence of the law of the City and shall be received in evidence as provided by the Illinois Compiled Statutes and the courts of the State of Illinois. 474 of 728 90-O-14 ~4~ Introduced:_________________, 2014 Adopted:___________________, 2014 Approved: __________________________, 2014 _______________________________ Elizabeth B. Tisdahl, Mayor Attest: _______________________________ Rodney Greene, City Clerk Approved as to form: _______________________________ W. Grant Farrar, Corporation Counsel 475 of 728 90-O-14 ~5~ EXHIBIT A Legal Descriptions PARCEL 1: THE NORTH 135 FEET OF LOT 5 AND THE NORTH 135 FEET OF LOT 6 (EXCEPT THE WEST 51 FEET 8 7/8 INCHES OF LOT 6) IN BLOCK 62 IN EVANSTON IN SECTION 18, T 41 N, R14E OF THE 3RD PM, IN COOK COUNTY, IL. PARCEL 2: NONEXCLUSIVE EASEMENT FOR THE BENEFIT OF PARCEL 1 AS CREATED BY DEED FROM PHILIP JUDSON AND ELIZABETH JUDSON, HIS WIFE, TO WILLIAM H. GRANT DATED MAY 19, 1871 AND RECORDED MAY 14, 1872 AS DOCUMENT 30726 FOR PEDESTRIAN AND VEHICULAR INGRESS AND EGRESS OVER THE FOLLOWING DESCRIBED LAND: THE SOUTH 10 FEET OF THE NORTH 135 FEET OF THE WEST 51 FEET 8 7/8 INCHES OF LOT 6 IN BLOCK 62 IN EVANSTON IN SECTION 18, T 41 N, R 14 E OF THE 3RD PM, IN COOK COUNTY, IL. PIN: 11-18-309-031-0000 Commonly Known As: 1026 DAVIS STREET, EVANSTON, IL 476 of 728 DRAFT NOT APPROVED Page 1 of 6 Zoning Board of Appeals MEETING MINUTES ZONING BOARD OF APPEALS Tuesday, July 1, 2014 7:00 PM Civic Center, 2100 Ridge Avenue, Council Chambers Members Present: Matt Rodgers, Beth McLennan, Violetta Cullen, Clara Wineberg, Scott Gingold Members Absent: Mary Beth Berns, Andrew Gallimore Staff Present: Melissa Klotz, Lorrie Pearson, Mario Treto Chair: Matt Rodgers Declaration of Quorum With a quorum present, Chair Rodgers called the meeting to order at 7:03pm. Approval of Minutes The minutes from the May 20, 2014 Zoning Board of Appeals meeting were motioned for approval by Ms. Cullen and seconded by Ms. McLennan. The motion was approved 3-0 with two abstentions. New Business 1315 Lee Street ZBA 14ZMJV-0061 Andrew Venamore, Project Manager Representative, applies for major zoning relief to replace a a 14.1’ x 22.1’ 1.5-car detached garage with a 16’ x 22’ 1.5-car detached garage. The applicant proposes a building lot coverage of 42.7% where a maximum 30% is allowed and where 41.6% currently exists (Zoning Code Section 6-8-2-7), 62% impervious surface coverage where a maximum 45% is allowed and where 56% currently exists (Zoning Code Section 6-8-2-10-A), and a 3’ east interior side yard setback where 5’ is required (Zoning Code Section 6-8-2-8-C-3). The Zoning Board of Appeals is the determining body for this case. Ms. Klotz read the case into the record. Mr. Venamore, the project manager, explained the case: • The proposal is to replace the existing decrepit garage • The new structure will be in approximately the same location and will be slightly larger • The drive will be reduced in width to 9’, the width of the garage door James Winegardner, added that the house was built in 1806 and that the garage existed when he moved in in 1996. Chair Rodgers also noted that the 9’ driveway width reduces the proposed impervious surface cover to 60% from the original 62% request. Currently, the impervious surface cover is 56%. The ZBA entered into deliberations. There was none. The Standards were then addressed: 1. Yes 2. Yes 3. Yes 477 of 728 DRAFT NOT APPROVED Page 2 of 6 Zoning Board of Appeals 4. Yes 5. Yes 6. Yes 7. Yes Ms. McLennan motioned to approve the variances with the following conditions: 1. A maximum of 60% impervious surface coverage as revised by the applicant. 2. The project must be within substantial compliance of the documents and testimony on record. The motion was seconded by Ms. Cullen. The vote concluded at 5-0. 1026 Davis Street ZBA 14ZMJV-0063 Daniel Kelch and Marty Cless, contract purchaser and owner, apply for major zoning relief to construct a 2-story commercial building. The applicants request a 9.9’ rear yard setback where 15’ is required (Zoning Code Section 6-11-3-8-E), and zero on-site parking spaces where 31 parking spaces are required (Zoning Code Section 6-16-3-5). The Zoning Board of Appeals makes a recommendation to City Council, the determining body for this case. Ms. Klotz read the case into the record and noted an additional email from the Fire Department, requiring enclosed fire escapes. John Myefski, the architect for the project, explained the proposal: • Rebuild at the Tom Thumb building • The footprint will be essentially the same • They cannot renovate and add a full second story • They propose a terrace with a trellis on the second floor • Taco Diablos and Lulus restaurants on the first floor plus a retail space • The second floor will have more restaurant and event space • They request no on-site parking: the property does not have an alley and they do not want a curb cut off of Davis Street • The existing building has no parking Mr. Gingold asked if there were a condition that employees cannot park on the street. Dan Kelch replied that yes, employees would not park on the street and most do not drive anyway. Mr. Gingold asked if there was a need for a 10’ setback. John Myefski replied that they must have a minimum 10’ for the loading dock and the new building needs to go right up to the loading docks. Ms. Wineberg asked what kind of trucks will use the loading dock. Dan Kelch replied that vans or c-class trucks and occasional large trucks will use the loading dock. Mr. Gingold asked about the seating capacity. Dan Kelch answered stating that there will be capacity for 60 at each restaurant downstairs and 50-60 upstairs excluding the terrace. The terrace will be used for dining and as a lounge area. Ms. Cullen asked about hours of operation. 478 of 728 DRAFT NOT APPROVED Page 3 of 6 Zoning Board of Appeals Dan Kelch responded that hours will be 11:30am-10:30pm at the maximum during the week and until midnight on weekends. Chair Rodgers asked about the number of employees. Dan Kelch replied that there would be 70 part-time employees for the restaurants, with probably 24 employees per shift for the restaurants combined. For the event space, there would be three to six employees for the event space. Mr. Gingold asked about valet for the event space. Dan Kelch responded that yes, valet serves the customers best. They may put cars on private property nearby or use a City lot or garage. Bruce Boyer stated that he was concerned about parking. There is a big parking demand for events. He asked if the City did a parking study. Ms. Klotz replied that the City has not done a parking study to this specific property, but studies have been done for City garages, which took into account lots like this one. No garages are at capacity. Frances Anderson also had parking concerns. Mike Moyer stated his concern about the common wall to his property to the east. Chair Rodgers said that that would be addressed through the permit process. John Myefski added that there is no basement specifically for that reason. They will build a new wall that is completely separate from the property to the east and will leave the existing wall to not impact that property. The ZBA entered into deliberations: Chair Rodgers noted this is a case for two variances and no special uses. Mr. Gingold commented on the setbacks, stating that it is impractical to require 15’ with respect to the loading dock issue. Parking could be problematic, but it is consistent with the City’s plan for a busy, pedestrian friendly Davis Street. He would like conditions for no on-street parking for employees and to require some valet. Ms. McLennan felt there is plenty of parking available in the downtown. She added that we do not want an open parking lot in the downtown. Ms. Wineberg and Chair Rodgers agreed. Ms. Cullen asked if it will impact neighbors. Dan Kelch responded that the construction will have some impact, but they are working with them. The Standards were then addressed: 1. Yes 2. Yes 3. Yes 4. Yes 5. Yes 6. Yes 479 of 728 DRAFT NOT APPROVED Page 4 of 6 Zoning Board of Appeals 7. Yes Chair Rodgers motioned to recommend approval of the variances with the following conditions: 1. Employees and valet cars cannot park on any street 2. The project must be within substantial compliance of the documents and testimony on record. The motion was seconded by Ms. McLennan and approved 5-0. 1825 Greenwood Avenue /1409 Dodge Avenue ZBA 14ZMJV-0065 Thomas Heskin, property owner, applies for major zoning relief to add a second story addition and attached garage to a single family residence and convert an automobile repair service establishment into a 2-family residence with a second story addition. The applicant requests to establish two principal structures on one lot where one principal structure is allowed (Zoning Code Section 6-4-1-6-B), as well as the following for the single family residence (1825 Greenwood Street): 1. 14.4’ front yard setback where 27’ is required (Zoning Code Section 6-8-5-7-A-1) for the second story addition. 2. 8.5’ street side yard setback where 15’ is required (Zoning Code Section 6-8-5-7-A-2) for the attached garage. 3. 1.9’ east interior side yard setback where 5’ is required (Zoning Code Section 6-8-5-7-A- 3) for the second story addition. And the following for the 2-family residence (1409 Dodge Avenue): 1. 1.7’ east interior side yard setback where 5’ is required (Zoning Code Section 6-8-5-7-A- 3) for the second story addition. 2. 6.6’ rear yard setback where 25’ is required (Zoning Code Section 6-8-5-7-A-4) for the second story addition. 3. 2 on-site parking spaces where 3 parking spaces are required (Zoning Code Section 6- 16-3-5). The Zoning Board of Appeals makes a recommendation to City Council, the determining body for this case. Ms. Klotz read the case into the record. Tom Heskin, the applicant, explained the proposal: • The property has an existing single family residence and a mechanic shop • Commercial use is not probable at that location Chair Rodgers asked if the building footprint for the single family home is increasing. Tom Heskin answered no, the building footprint is not increasing. Ms. Klotz added that a garage is being added to the single family residence, so that is changing. Chair Rodgers asked about the building footprint for the proposed two-family structure. Tom Heskin replied that there is no change to that footprint. Ms. Cullen noted that the property has had high crime and that residential would be much better. Tom Heskin also stated that there are no longer any proposed curb cuts off of Dodge anymore. 480 of 728 DRAFT NOT APPROVED Page 5 of 6 Zoning Board of Appeals Ms. Klotz added that the applicant has worked extensively with staff to eliminate Dodge curb cuts and to minimize the impervious surface cover. Mr. Gingold asked if the garage has been relocated. Ms. Klotz replied that yes, the garage was moved forward to minimize driveway length off of Greenwood. Chair Rodgers stated he was not thrilled with having two separate principal structures. There could be a future problem with wanting a subdivision or more variances. Patrick Stayhand said he was glad the previous property owner is gone. He uses the alley frequently. He objects to the use of the property as rental and the use of the alley. This will mean more users for the alley. Tom Heskin replied that the two single car garages will use the alley access. This will be much less vehicular traffic than the mechanic shop that regularly had six or so cars. The residences will be sold individually. Mr. Gingold agreed with Chair Rodger’s comment that this could create future zoning issues. Ms. Wineberg stated that it is a unique situation because two principal structures already exist. This is an opportunity to provide residential continuity and eliminate an eyesore and social sore. Ms. Cullen agreed stating that the property has been a big eyesore. The ZBA entered into deliberations: Chair Rodgers stated he was torn. He was pleased to see residential development, but he foresees future problems. Ms. Wineberg believes it is worth the risk and supported the proposal. Ms. Cullen and Ms. McLennan agreed. The Standards were addressed: 1. Yes 2. Yes Chair Rodgers initially expressed concerns. Ms. Cullen and Ms. McLennan agreed it would be better if they were developed as condos or a Home Owners Association 3. Yes 4. Yes 5. Yes It is a public benefit 6. Yes 7. Yes Chair Rodgers motioned to recommend approval of the proposal with the following conditions: 1. Consider establishing an HOA/condo. 2. The project must be within substantial compliance of the documents and testimony on record. The motion was seconded by Ms. Cullen and approved 5-0. Council should consider the implications of creating a substandard lot if the lot wants to be subdivided in the future. 481 of 728 DRAFT NOT APPROVED Page 6 of 6 Zoning Board of Appeals Ms. Klotz stated that the next ZBA meeting is July 15th and there are four cases. She also shared by email information on the Illinois APA conference and a recommended training session at the conference. Chair Rodgers asked staff to send ZBA Rules to all. They need to be revised and asked everyone to please comment on changes to propose by July 18th. Then staff will add comments. The meeting adjourned at 8:50pm. 482 of 728     FF II NN DD II NN GG SS FOR STANDARDS OF VV AA RR II AA TT II OO NN SS In the case of after conducting a public hearing on July 1, 2014, the Zoning Board of Appeals makes the following findings of fact, based upon the standards for major variances specified in Section 6-3-8-12 of the City Code: Standard Finding (A) The requested variation will not have a substantial adverse impact on the use, enjoyment or property values of adjoining properties; ___X___Met _____Not Met 5-0 (B) The requested variation is in keeping with the intent of the zoning ordinance; ___X___Met _____Not Met 5-0 (C) The alleged hardship or practical difficulty is peculiar to the property; ___X___Met _____Not Met 5-0 (D) The property owner would suffer a particular hardship or practical difficulty as distinguished from a mere inconvenience if the strict letter of the regulations were to be carried out; ___X___Met _____Not Met 5-0 (E) The purpose of the variation is not based exclusively upon a desire to extract additional income from the property; or there is a public benefit; ___X___Met _____Not Met 5-0 Case Number: 14ZMJV-0063 Address or Location: 1026 Davis Street Applicant: Daniel Kelch and Marty Cless Proposed Zoning Relief: 9.9’ rear yard setback, zero on-site parking spaces – for construction of a 2-story commercial building 483 of 728     (F) The alleged difficulty or hardship has not been created by any person having an interest in the property; __X___Met _____Not Met 5-0 (G) The requested variation is limited to the minimum change necessary to alleviate the particular hardship or practical difficulty which affects the property; __X___Met _____Not Met 5-0 and, based upon these findings, and upon a vote of __5__ in favor & __0__ against recommends to the City Council __X__ approval __X__ approval with conditions: 1. Employees and valet cars cannot park on any street 2. The project must be within substantial compliance of the documents and testimony on record. _____ denial (cases that fail to receive 4 concurrent votes in favor are deemed a recommendation for denial) __________________________________________ Date: _____________ Matt Rodgers Zoning Board of Appeals Chairman Attending: Vote: Aye No __X__ Violetta Cullen _X__ ____ _____ Mary Beth Berns ____ ____ __X__ Beth McLennan _X__ ____ __X__ Matt Rodgers _X__ ____ _____ Andrew Gallimore ____ ____ __X__ Scott Gingold _X__ ____ __X__ Clara Wineberg _X__ ____ 484 of 728 485 of 728 486 of 728 487 of 728 488 of 728 489 of 728 490 of 728 491 of 728 492 of 728 493 of 728 494 of 728 495 of 728 496 of 728 497 of 728 498 of 728 499 of 728 500 of 728 501 of 728 502 of 728 503 of 728 504 of 728 ©2014MYEFSKIARCHITECTS,INCCOPYRIGHT 2014: MYEFSKI ARCHITECTS, INC. EXPRESSLYRESERVES ITS COMMON LAW COPYRIGHT AND OTHERPROPERTY RIGHTS IN THESE DRAWINGS. THESE DRAWINGS ARENOT TO BE REPRODUCED, CHANGED OR COPIED IN ANY FORMOR MANNER WHATSOEVER, NOR ARE THEY TO BE ASSIGNED TOANY THIRD PARTY WITHOUT FIRST OBTAINING THE EXPRESSEDWRITTEN PERMISSION OF MYEFSKI ARCHITECTS, INC.PAGE06/20/14EXISTING CONDITIONCOMMERCIAL DEVELOPMENT1026 DAVIS ST.EVANSTON, IL1VIEW OF PROPERTY FROM REARVIEW OF PROPERTY FROM DAVIS STREETVIEW OF PROPERTY FROM ABOVESITE LOCATION MAP505 of 728 DAVIS STREETOAK AVENUE88' - 7 3/16"FIRST FLOOR = 10,780 SQ. FT.SECOND FLOOR = 8,430 SQ. FT.TOTAL GROSS = 19,210 SQ. FT.D2 ZONED2 ZONER6 ZONEROOF TERRACE = 2,110 SQ. FT.135' - 6 1/8"10' x 35' LOADINGOPEN TRELLISSTORM WATER DETENTIONTANK UNDER LOADING AREA9.9' MIN. PER VARIANCE10' - 0"CANOPY ABOVE STAIR©2014MYEFSKIARCHITECTS,INCCOPYRIGHT 2014: MYEFSKI ARCHITECTS, INC. EXPRESSLYRESERVES ITS COMMON LAW COPYRIGHT AND OTHERPROPERTY RIGHTS IN THESE DRAWINGS. THESE DRAWINGS ARENOT TO BE REPRODUCED, CHANGED OR COPIED IN ANY FORMOR MANNER WHATSOEVER, NOR ARE THEY TO BE ASSIGNED TOANY THIRD PARTY WITHOUT FIRST OBTAINING THE EXPRESSEDWRITTEN PERMISSION OF MYEFSKI ARCHITECTS, INC.PAGE 1" = 20'-0"06/20/14SITE PLAN - ZONINGCOMMERCIAL DEVELOPMENT1026 DAVIS ST.EVANSTON, IL2ZONINGCODE ENFORCEMENT (JURISDICTION) EVANSTONZONING DISTRICT D2SITE AREA 12,006 SQ. FT.PERMITTED FLOOR AREA RATIO 2.75PERMITTED FLOOR AREA 33,016 SQ. FT.PROPOSED FLOOR AREA 19,210 SQ. FT.PERMITTED BUILDING HEIGHT 42'PROPOSED BUILDING HEIGHT 34'SPECIAL HEIGHT REQ. - FRONT WALLHEIGHT24'PARKING SPACES REQUIRED 31PARKING SPACES PROVIDED 0(VARIANCE HAS BEEN FILED)LOADING REQUIRED 1 SHORTLOADING PROVIDED 1 SHORTREQUIRED SETBACK - FRONT 0'REQUIRED SETBACK - REAR 15'(VARIANCE HAS BEEN FILED FOR 9.9')REQUIRED SETBACK - SIDE 0'0 10' 20'40'506 of 728 UPUPUP1431 SFRESTAURANT1391 SFRESTAURANT4686 SFRETAIL8' - 1"TOILETSTRASH ENCLOSURESENTRY10' x 35' LOADINGDAVIS STREET10' x 35' LOADING421 SFMECHANICAL998 SFSHAREDKITCHEN3073 SFEVENT SPACE(ACCESSARY TORESTAURANT)758 SFKITCHEN2110 SFOUTDOORTERRACE1184 SFBAR319 SFGAMES670 SFTOILETS830 SFSEATINGOPERABLEWALLSCANOPY ABOVE318 SFMECH.178 SFELEC.©2014MYEFSKIARCHITECTS,INCCOPYRIGHT 2014: MYEFSKI ARCHITECTS, INC. EXPRESSLYRESERVES ITS COMMON LAW COPYRIGHT AND OTHERPROPERTY RIGHTS IN THESE DRAWINGS. THESE DRAWINGS ARENOT TO BE REPRODUCED, CHANGED OR COPIED IN ANY FORMOR MANNER WHATSOEVER, NOR ARE THEY TO BE ASSIGNED TOANY THIRD PARTY WITHOUT FIRST OBTAINING THE EXPRESSEDWRITTEN PERMISSION OF MYEFSKI ARCHITECTS, INC.PAGE 1" = 20'-0"06/20/14FLOOR PLANSCOMMERCIAL DEVELOPMENT1026 DAVIS ST.EVANSTON, IL3FIRST FLOOR PLANSECOND FLOOR PLANAREAS:1ST FLOOR =10,780 SQ. FT.2ND FLOOR = 8,430 SQ .FT.TOTAL = 19,210 SQ. FT.EXTERIOR TERRACE = 2,110 SQ. FT.507 of 728 0' - 0"1ST FLR.17' - 0"2ND FLR.33' - 0"RoofWOOD BOARD SIDING20' - 6"(24' MIN. STRUCTURE TO STREET)28' - 6"35' - 0"UTILITY BRICK PARTY WALLSPAINTED STEEL STRUCTUREGLASS RAILINGPORCELAIN EXTERIORFACADEPAINTED STEEL STRUCTURE©2014MYEFSKIARCHITECTS,INCCOPYRIGHT 2014: MYEFSKI ARCHITECTS, INC. EXPRESSLYRESERVES ITS COMMON LAW COPYRIGHT AND OTHERPROPERTY RIGHTS IN THESE DRAWINGS. THESE DRAWINGS ARENOT TO BE REPRODUCED, CHANGED OR COPIED IN ANY FORMOR MANNER WHATSOEVER, NOR ARE THEY TO BE ASSIGNED TOANY THIRD PARTY WITHOUT FIRST OBTAINING THE EXPRESSEDWRITTEN PERMISSION OF MYEFSKI ARCHITECTS, INC.PAGE 1/8" = 1'-0"06/20/14NORTH ELEVATIONCOMMERCIAL DEVELOPMENT1026 DAVIS ST.EVANSTON, IL4508 of 728 0' - 0"1ST FLR.17' - 0"2ND FLR.33' - 0"RoofUTILITY BRICKWALLSPAINTED STEELCANOPY FASCIAPAINTED STEELSTAIR ANDRAILING©2014MYEFSKIARCHITECTS,INCCOPYRIGHT 2014: MYEFSKI ARCHITECTS, INC. EXPRESSLYRESERVES ITS COMMON LAW COPYRIGHT AND OTHERPROPERTY RIGHTS IN THESE DRAWINGS. THESE DRAWINGS ARENOT TO BE REPRODUCED, CHANGED OR COPIED IN ANY FORMOR MANNER WHATSOEVER, NOR ARE THEY TO BE ASSIGNED TOANY THIRD PARTY WITHOUT FIRST OBTAINING THE EXPRESSEDWRITTEN PERMISSION OF MYEFSKI ARCHITECTS, INC.PAGE 1/8" = 1'-0"06/20/14SOUTH ELEVATIONCOMMERCIAL DEVELOPMENT1026 DAVIS ST.EVANSTON, IL5509 of 728 ©2014MYEFSKIARCHITECTS,INCCOPYRIGHT 2014: MYEFSKI ARCHITECTS, INC. EXPRESSLYRESERVES ITS COMMON LAW COPYRIGHT AND OTHERPROPERTY RIGHTS IN THESE DRAWINGS. THESE DRAWINGS ARENOT TO BE REPRODUCED, CHANGED OR COPIED IN ANY FORMOR MANNER WHATSOEVER, NOR ARE THEY TO BE ASSIGNED TOANY THIRD PARTY WITHOUT FIRST OBTAINING THE EXPRESSEDWRITTEN PERMISSION OF MYEFSKI ARCHITECTS, INC.PAGE06/20/14VIEW FROM DAVIS STREETCOMMERCIAL DEVELOPMENT1026 DAVIS ST.EVANSTON, IL6510 of 728 ©2014MYEFSKIARCHITECTS,INCCOPYRIGHT 2014: MYEFSKI ARCHITECTS, INC. EXPRESSLYRESERVES ITS COMMON LAW COPYRIGHT AND OTHERPROPERTY RIGHTS IN THESE DRAWINGS. THESE DRAWINGS ARENOT TO BE REPRODUCED, CHANGED OR COPIED IN ANY FORMOR MANNER WHATSOEVER, NOR ARE THEY TO BE ASSIGNED TOANY THIRD PARTY WITHOUT FIRST OBTAINING THE EXPRESSEDWRITTEN PERMISSION OF MYEFSKI ARCHITECTS, INC.PAGE06/20/14CONTEXT VIEWCOMMERCIAL DEVELOPMENT1026 DAVIS ST.EVANSTON, IL71026 DAVIS511 of 728 ©2014MYEFSKIARCHITECTS,INCCOPYRIGHT 2014: MYEFSKI ARCHITECTS, INC. EXPRESSLYRESERVES ITS COMMON LAW COPYRIGHT AND OTHERPROPERTY RIGHTS IN THESE DRAWINGS. THESE DRAWINGS ARENOT TO BE REPRODUCED, CHANGED OR COPIED IN ANY FORMOR MANNER WHATSOEVER, NOR ARE THEY TO BE ASSIGNED TOANY THIRD PARTY WITHOUT FIRST OBTAINING THE EXPRESSEDWRITTEN PERMISSION OF MYEFSKI ARCHITECTS, INC.PAGE 1/16" = 1'-0"06/20/14MATERIAL PALETTECOMMERCIAL DEVELOPMENT1026 DAVIS ST.EVANSTON, IL8UTILITY BRICKPAINTED STEEL LINTELSIPE (HARDWOOD) RAINSCREENPAINTED STEEL TRELLISARCHITECTURAL METAL PANELPORCELAIN / CERAMIC TILE.......CHANNEL LETTER SIGNAGE512 of 728 513 of 728 514 of 728 515 of 728 516 of 728 517 of 728 518 of 728 519 of 728 520 of 728 For City Council meeting of July 14, 2014 Items P6 & P7 Ordinances 83-O-14 and 89-O-14: 1409 Dodge Avenue and 1825 Greenwood Street For Introduction To: Honorable Mayor and Members of the City Council Planning and Development Committee From: Mark Muenzer, Director of Community Development Department Lorrie Pearson, Planning and Zoning Administrator Damir Latinovic, Neighborhood and Land Use Planner Melissa Klotz, Zoning Planner Subject: (P6) Ordinance 83-O-14 Zoning Ordinance Map Amendment from I2 to R4 (P7) Ordinance 89-O-14 Zoning Relief for Two Principal Structures, Setbacks, and Parking at 1409 Dodge Avenue and 1825 Greenwood Street Date: July 3, 2014 Recommended Action: The Plan Commission, Zoning Board of Appeals and City staff recommend City Council adoption of Ordinance 83-O-14 to rezone the subject property from I2 General Industrial to R4 General Residential district and Ordinance 89-O-14 to approve zoning relief for two principal structures on one lot, a 14.4’ front yard setback, 8.5’ street side yard setback, 1.9’ interior side yard setback, 1.7’ interior side yard setback, 6.6’ rear yard setback, and two parking spaces where three are required. The rezoning and zoning variations would accommodate redevelopment to establish one two-unit dwelling and one single family home on the property. Rezoning Summary The applicant is proposing to rezone the subject property from I2 General Industrial to R4 General Residential zoning district to accommodate a total of three residential units on the property (existing and proposed zoning maps are attached). The subject property, commonly known as 1409 Dodge Avenue (north end of the lot) and 1825 Greenwood Street (south end of the lot) is located at the northeast corner of Dodge Avenue and Greenwood Street. The 7,542-square foot property contains a vacant one- story commercial building previously occupied by an automobile repair service establishment (1409 Dodge Avenue) and a vacant single family home (1825 Greenwood Street). The properties immediately to the north and east are zoned R3, Two-Family Residential district and are improved with single family homes. The property immediately to the south is zoned I2, General Industrial and is improved with a multi-tenant two-story office Memorandum 521 of 728 building. The property to the west is zoned R4, General Residential and is part of the West Evanston Overlay District. That property is improved with a single family structure that was previously home to a roofing contractor business but is currently vacant. The current I2 zoning classification is not suited for the subject property. The property is too small to accommodate a light-manufacturing or light-industrial use typically found in the industrial districts. Additionally, the property is surrounded by residential neighborhoods to the north and east. The intent of the R4 zoning district is to provide a mix of residential use types at a moderate density including multiple-family dwellings, two-family dwellings, townhouses, and single family attached and detached dwellings. The proposed use consisting of one two-family dwelling and one single family home is compatible with the character of residential neighborhoods to the north and to the east. At the same time, the proposal provides a transitional use buffer between the industrial uses to the west and the residential uses to the north and east and is consistent with other R4 zoning classifications along the old railroad right-of-way. The proposed Zoning Ordinance Map Amendment to rezone the property from I2- General Industrial to R4-General Residential meets the standards of approval outlined in Section 6-3-4-5 of the Municipal Code. The proposal is consistent with surrounding uses and land use classifications. The proposed multi-family use is consistent with the goal of the General Comprehensive Plan to preserve and enhance neighborhood assets by creating an appropriate multiple-family use buffer between the low-density residential neighborhoods to the north and east and the light-industrial and office area to the west and south. The proposed rezoning will not have any adverse effect on the value of adjacent properties. The proposal will instead improve the value of adjacent properties through the construction of a two-family dwelling on the site that previously housed an automobile repair service establishment which was a detriment to the surrounding neighborhood. The property will continue to be adequately served by public facilities and services. Zoning Variations Summary The applicant proposes to renovate the subject property by adding a 2-car attached garage and full second story to the existing single family home at 1825 Greenwood Street. The applicant also proposes to add a full second story to the former automotive repair building and convert the building into a two-family dwelling with one enclosed garage parking space for each unit at 1409 Dodge Avenue. The applicant has worked extensively with staff to minimize the impervious surface on the property and eliminate all curb cuts from Dodge Avenue. Access to the garage for the single family home is proposed via a driveway off of Greenwood Street within the cul de sac. Access to the garages for the two-family dwelling is off of the alley at the rear of the property. No open parking is proposed. With the exception of the new 2-car attached garage for the single family home, all other additions will maintain the same building footprints and only require variances because the existing building footprints are legally-nonconforming to the current Zoning Ordinance. The variances requested include allowing two principal structures on one lot where only one principal structure is permitted, as well as the following for each structure: 522 of 728 1825 Greenwood Street (single family residence) Variance Requested Reason 14.4’ front yard setback where 27’ is required (Greenwood) For second story addition; aligns with existing building footprint; does not extend as far as the enclosed front porch at 12.4’ 8.5’ street side yard setback where 15’ is required (Dodge) For new attached garage with second story; only location on property where a garage could fit given the existing building placement 1.9’ east interior side yard setback where 5’ is required For second story addition; aligns with existing building footprint 1409 Dodge Avenue (2-family dwelling) Variance Requested Reason 1.7’ east interior side yard setback where 5’ is required For second story addition; aligns with existing building footprint 6.6’ rear yard setback where 25’ is required For second story addition; aligns with existing building footprint 2 on-site parking spaces where 3 are required for a 2-family dwelling No legal location available for third parking space, whether enclosed or open parking Each of the requested variances is related to the placement of the existing structures and the required setbacks given the property is a corner lot. The variances are necessary in order to rehabilitate the structures into dwelling units that are comparable to the surrounding residential neighborhood. Legislative History July 1, 2014 – Following the submittal of a revised site plan as recommended by the Plan Commission, SPAARC, and City staff, the Zoning Board of Appeals unanimously forwarded a positive recommendation to the City Council for the proposed zoning relief, which will allow for the redevelopment of the property with building additions that will allow the property to be repurposed with a single family dwelling and two-family dwelling. The Board recommendation included the following two conditions: 1) The dwelling units shall be sold as condominiums or a homeowners association shall be established. 2) The project must be in substantial compliance with the documents and testimony on record. June 11, 2014 – The Plan Commission unanimously forwarded a positive recommendation to the City Council regarding the proposed rezoning from I2 to R4. The Commission included a suggestion that the parking layout should be redesigned so that vehicles do not have to back out on Dodge Avenue. May 21, 2014 – The Zoning Committee of the Plan Commission unanimously forwarded a positive recommendation to the Plan Commission regarding the proposed rezoning of the property from I2 to R4. Several residents inquired at the meeting if the units would be rentals or sold at market rate. The applicant’s presentation included a summary that the units would be sold at market rate. 523 of 728 Attachments Proposed Ordinances 83-O-14 and 89-O-14 Existing and Proposed Area Zoning Maps Site Plan Elevations Plan Commission Packet 06/11/14 Link: http://www.cityofevanston.org/assets/06.11.14%20PC%20Packet.pdf Plan Commission Draft Meeting Minutes 06/11/14 Zoning Board of Appeals Findings Checklist Zoning Board of Appeals Packet 07/01/14 Link: http://www.cityofevanston.org/assets/ZBA%20packet%2007.01.14.pdf A Letter of Objection submitted to the Zoning Board of Appeals Zoning Board of Appeals Draft Meeting Minutes 07/01/14 524 of 728 1409 Dodge Avenue and 1825 Greenwood Street 13PLND-0043 Zoning Ordinance Map Amendment I2 to R4 14ZMJV-0065 Zoning Variations 525 of 728 5/14/2013 83-O-14 AN ORDINANCE Amending the Zoning Map to Re-Zone Certain Properties From the I2 District to the R4 District WHEREAS, the City of Evanston is a home-rule municipality pursuant to Article VII of the Illinois Constitution of 1970; and WHEREAS, as a home rule unit of government, the City has the authority to adopt ordinances and to promulgate rules and regulations that protect the public health, safety, and welfare of its residents; and WHEREAS, Article VII, Section (6)a of the Illinois Constitution of 1970, which states that the “powers and functions of home rule units shall be construed liberally,” was written “with the intention that home rule units be given the broadest powers possible” (Scadron v. City of Des Plaines, 153 Ill.2d 164); and WHEREAS, it is a well-established proposition under all applicable case law that the power to regulate land use through zoning regulations is a legitimate means of promoting the public health, safety, and welfare; and WHEREAS, Division 13 of the Illinois Municipal Code (65 ILCS 5/11-13-1, et seq.) grants each municipality the power to establish zoning regulations; and WHEREAS, pursuant to its home rule authority and the Illinois Municipal Code, the City has adopted a set of zoning regulations, set forth in Title 6 of the Evanston City Code of 1979, as amended, (“the Zoning Ordinance”); and 526 of 728 83-O-14 ~2~ WHEREAS, on June 11, 2014, the Plan Commission held a public hearing, pursuant to proper notice, regarding case no. 14PLND-0043, to consider amendments to the Zoning Map, cited in Section 6-7-2 of the Zoning Ordinance, to place certain properties within the R4 General Residential District; and WHEREAS, the Plan Commission received testimony and made findings pursuant to Subsection 6-3-4-6 of the Zoning Ordinance and recommended City Council approval thereof; and WHEREAS, at its meeting of July 14, 2014, the Planning and Development Committee of the City Council considered and adopted the findings and recommendation of the Plan Commission in case no. 14PLND-0043 and recommended City Council approval thereof; and WHEREAS, at its meetings of July 14, 2014 and July 28, 2014, the City Council considered and adopted the records and recommendations of the Plan Commission and Planning and Development Committee; and WHEREAS, it is well-settled law that the legislative judgment of the City Council must be considered presumptively valid (see Glenview State Bank v. Village of Deerfield, 213 Ill.App.3d 747) and is not subject to courtroom fact-finding (see National Paint & Coating Ass’n v. City of Chicago, 45 F.3d 1124), NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS, THAT: SECTION 1: The foregoing recitals are found as fact and incorporated herein by reference. 527 of 728 83-O-14 ~3~ SECTION 2: The City Council hereby amends the Zoning Map to remove those properties with the addresses and PINs listed in Exhibit A and identified in Exhibit B, both attached hereto and incorporated herein by reference, from the I2 General Industrial District and place them within the R4 General Residential District. SECTION 3: All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 4: If any provision of this ordinance or application thereof to any person or circumstance is held unconstitutional or otherwise invalid, such invalidity shall not affect other provisions or applications of this ordinance that can be given effect without the invalid application or provision, and each invalid provision or invalid application of this ordinance is severable. SECTION 5: This ordinance shall be in full force and effect from and after its passage, approval and publication in the manner provided by law. SECTION 6: The findings and recitals contained herein are declared to be prima facie evidence of the law of the City and shall be received in evidence as provided by the Illinois Compiled Statutes and the courts of the State of Illinois. Introduced:_________________, 2014 Adopted:___________________, 2014 Approved: __________________________, 2014 _______________________________ Elizabeth B. Tisdahl, Mayor Attest: _______________________________ Rodney Greene, City Clerk Approved as to form: _______________________________ W. Grant Farrar, Corporation Counsel 528 of 728 83-O-14 ~4~ EXHIBIT A Addresses and PINs of Properties Removed from the I2 General Industrial District and Placed Within the R4 General Residential District 1409 Dodge Avenue PIN 10-13-419-041-0000 1825 Greenwood Street PIN 10-13-419-040-0000 529 of 728 83-O-14 ~5~ EXHIBIT B Map of Properties Removed from the I2 General Industrial District and Placed Within the R4 General Residential District 530 of 728 531 of 728 7/1/2014 89-O-14 AN ORDINANCE Granting Major Variations Related to 1825 Greenwood Street/1409 Dodge Avenue in the R4 General Residential Zoning District WHEREAS, Thomas Heskin (the “Applicant”), property owner of the property commonly known as 1825 Greenwood Street/1409 Dodge Avenue, (the “Subject Property”), located within the R4 General Residential zoning district and legally described in Exhibit A, attached hereto and incorporated herein by reference, submitted an application seeking approval of Major Variations to zoning requirements imposed by Subsections 6-4-1-6-B, 6-8-7-A-1, 6-8-5-7-A-2, 6-8-5-7-A-3, 6-8-5-7-A-4, and 6-16-3-5 of Title 6 of the Evanston City Code of 1979, as amended (the “Zoning Ordinance”); and WHEREAS, the Applicant requests to establish two principal structures on one lot where one principal structure is allowed; and WHEREAS, the Applicant requests the following Major Variations for the single family residence located at 1825 Greenwood Street (the “Greenwood Residence”): (A) The Applicant requests a 14.4 foot front yard setback where a twenty-seven (27) foot front yard setback is required for the second story addition; (B) The Applicant requests an 8.5 foot street side yard setback where a fifteen (15) foot street side yard setback is required for the attached garage; (C) The Applicant requests a 1.9 foot east interior side yard setback where a five (5) foot east interior side yard setback is required for the second story addition; and 532 of 728 89-O-14 ~2~ WHEREAS, the Applicant requests the following Major Variations for the two-family residence located at 1409 Dodge Avenue (the “Dodge Residences”): (A) The Applicant requests a 1.7 foot east interior side yard setback where a five (5) foot east interior side yard setback is required for the second story addition; (B) The Applicant requests a 6.6 foot rear yard setback where a twenty-five (25) foot rear yard setback is required for the second story addition; (C) The Applicant requests two (2) on-site parking spaces where three (3) parking spaces are required; and WHEREAS, on July 1, 2014, the Zoning Board of Appeals (“ZBA”), pursuant to proper notice, held a public hearing in case no. 14ZMJV-0065 to consider the application, received testimony, and made written records and findings that the application did meet the standards for Major Variations set forth in Subsection 6-3-8-12- (E) of the Zoning Ordinance and recommended City Council approval thereof; and WHEREAS, at its meeting of July 14, 2014, the Planning and Development (“P&D”) Committee of the City Council considered and accepted the ZBA’s recommendation, and recommended City Council approve the Major Variations, as requested; and WHEREAS, at its meetings of July 14, 2014 and July 28, 2014, the City Council considered and adopted the recommendation of the P&D Committee, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS, THAT: SECTION 1: The foregoing recitals are hereby found as fact and incorporated herein by reference. 533 of 728 89-O-14 ~3~ SECTION 2: The City Council hereby adopts the P&D Committee’s records, findings, and recommendations, and hereby approves, pursuant to Subsection 6-3-8-10-(D) of the Zoning Ordinance, the Major Variations on the Subject Property applied for in case no. 14ZMJV-0065 and described hereinabove. SECTION 3: The Major Variations approved hereby are as follows: (A) Approval to allow two principal structures on one lot where one principal structure is allowed. Subsection 6-4-1-6-B allows for one principal use on one lot. (B) Approval to allow a 14.4 foot front yard setback where Subsection 6-8-5-7-A-1 requires a twenty-seven (27) foot front yard setback for the Greenwood Residence. (C) Approval to allow an 8.5 foot street side yard setback where Subsection 6-8-5-7- A-2 requires a fifteen (15) foot street side yard setback for the Greenwood Residence. (D) Approval to allow a 1.9 foot east interior side yard setback where Subsection 6-8- 5-7-A-3 requires a five (5) foot east interior side yard setback for the Greenwood Residence. (E) Approval to allow a 1.7 foot east interior side yard setback where Subsection 6-8- 5-7-A-3 requires a five (5) foot east interior side yard setback for the Dodge Residences. (F) Approval to allow a 6.6 foot rear yard setback where Subsection 6-8-5-7-A-4 requires a twenty-five (25) foot rear yard setback for the Dodge Residences. (G) Approval to allow two (2) on-site parking spaces where Subsection 6-16-3-5 requires three (3) parking spaces are required for the Dodge Residences. 534 of 728 89-O-14 ~4~ SECTION 4: Pursuant to Subsection 6-3-8-14 of the Zoning Ordinance, the City Council hereby imposes the following conditions on the Major Variations granted hereby, violation of any of which shall constitute grounds for penalties or revocation thereof pursuant to Subsections 6-3-10-5 and 6-3-10-6 of the Zoning Ordinance: (A) Compliance with Requirements: The Applicant shall develop and use the Subject Property in substantial compliance with all applicable legislation, with the testimony and representations of the Applicant to the ZBA, the P&D Committee, and the City Council, and the approved plans and documents on file in this case. (B) Property Requirement: All residential units on the Property shall either (1) be sold as condominiums; or (2) a Homeowners Association must be established. SECTION 5: When necessary to effectuate the terms, conditions, and purposes of this ordinance, “Applicant” shall be read as “Applicant’s agents, assigns, and successors in interest.” SECTION 6: Except as otherwise provided for in this ordinance, all applicable regulations of the Zoning Ordinance and the entire City Code shall apply to the Subject Property and remain in full force and effect with respect to the use and development of the same. SECTION 7: This ordinance shall be in full force and effect from and after its passage, approval, and publication in the manner provided by law. SECTION 8: All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 9: If any provision of this ordinance or application thereof to any person or circumstance is ruled unconstitutional or otherwise invalid, such invalidity shall not affect other provisions or applications of this ordinance that can be given effect 535 of 728 89-O-14 ~5~ without the invalid application or provision, and each invalid provision or invalid application of this ordinance is severable. SECTION 10: The findings and recitals herein are declared to be prima facie evidence of the law of the City and shall be received in evidence as provided by the Illinois Compiled Statutes and the courts of the State of Illinois. Introduced:_________________, 2014 Adopted:___________________, 2014 Approved: __________________________, 2014 _______________________________ Elizabeth B. Tisdahl, Mayor Attest: _______________________________ Rodney Greene, City Clerk Approved as to form: _______________________________ W. Grant Farrar, Corporation Counsel 536 of 728 89-O-14 ~6~ EXHIBIT A Legal Descriptions PARCEL 1: THE SOUTH ½ OF LOTS 20 AND 21 IN BLOCK 3 IN BROWN AND CULVER’S ADDITION TO EVANSTON, BEING A SUBDIVISION OF THE NORTH ½ OF THE SOUTHWEST ¼ AND THE NORTH 71 FEET OF THE SOUTH ½ OF THE SOUTHWEST ¼ OF THE SOUTHEAST ¼ OF SECTION 13, TOWNSHIP 41 NORTH, RANGE 13, EAST OF THE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS. PIN: 10-13-419-040-0000 Commonly Known As: 1825 GREENWOOD STREET, EVANSTON, IL 60201 PARCEL 2: THE NORTH ½ OF LOTS 20 AND 21 IN BLOCK 3 IN BROWN AND CULVER’S ADDITION TO EVANSTON, BEING A SUBDIVISION OF THE NORTH ½ OF THE SOUTHWEST ¼ AND THE NORTH 71 FEET OF THE SOUTH ½ OF THE SOUTHWEST ¼ OF THE SOUTHEAST ¼ OF SECTION 13, TOWNSHIP 41 NORTH, RANGE 13, EAST OF THE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS. PIN: 10-13-419-041-0000 Commonly Known As: 1409 DODGE AVENUE, EVANSTON, IL 60201 537 of 728 oWE oWE R3 OS R3 R4 R4 C2 B1 C1 C2 R2 R4 R3 B1 B1 MXE R2 R4 R1 R4 I2Hartrey AveDarrow AveDewey AveDempster St Greenwood St Dodge AveCrainSt Darrow AveDavis St Grove St Darrow AveGreenwood St Lake St Dewey AveThelin Ct Davis St Crain StBrown AveGrey AveFlorence AveFlorence AveExisting Zoning Map0225450112.5 Feet ¯Subject Property 1409 Dodge Ave and 1825 Greenwood St 538 of 728 oWE oWE R3 OS R3 R4 R4 C2 B1 C1 C2 R2 R4R3 B1 B1 MXE R2 R4 R1 R4 I2Hartrey AveGreenwood St Dempster St Greenwood St Lake St Darrow AveDavis St Grove St Darrow AveDodge AveDewey AveDarrowAveThelin Ct Davis St Crain St Darrow AveBrown AveGrey AveFlorence AveFlorence AveFlorence AveDewey AveProposed Zoning Map0230460115Feet¯Subject Property 1409 Dodge Ave and 1825 Greenwood St 539 of 728 540 of 728 541 of 728 542 of 728 543 of 728 544 of 728 545 of 728 546 of 728 547 of 728 DRAFT Page 1 of 4 Plan Commission Minutes 06/11/2014 MEETING MINUTES PLAN COMMISSION Wednesday, June 11, 2014 7:00 P.M. Evanston Civic Center, 2100 Ridge Avenue, Council Chambers Members Present: Scott Peters (Chair), Jim Ford, Terri Dubin, Kwesi Steele, Carol Goddard, Lenny Asaro Members Absent: Andrew Pigozzi, Colby Lewis, Richard Shure Associate Members Present: David Galloway Associate Members Absent: Seth Freeman, Stuart Opdycke Staff Present: Damir Latinovic, Neighborhood and Land Use Planner Lorrie Pearson, Planning and Zoning Administrator Mario Treto, Assistant City Attorney Presiding Member: Scott Peters, Chairman 1. CALL TO ORDER / DECLARATION OF QUORUM Chairman Peters called the meeting to order at 7:00 P.M and explained the general meeting procedure, schedule, agenda items, time limits on public testimony and opportunities for cross examination of witnesses. Chairman Peters concluded the opening statement by saying that the Plan Commission forwards a recommendation to the City Council which makes the final determination on any matters discussed by the Plan Commission. 2. APPROVAL OF MEETING MINUTES: May 14, 2014 Commissioner Ford made a motion to approve the minutes as prepared. Commissioner Dubin seconded the motion. A voice vote was taken and the minutes were approved by voice call 3-0. Commissioner Goddard and Commissioner Steele abstained. 3. NEW BUSINESS A. MAP AMENDMENT TO THE ZONING ORDINANCE 14PLND-0043 1409 Dodge Avenue and 1825 Greenwood Street Specifically consider a map amendment to the Zoning Ordinance pursuant to City Code Title 6, Zoning, to rezone the following properties: 1409 Dodge Avenue, PIN 10-13-419-041, and 1825 Greenwood Street, PIN 10-13-419-040 from I2, General Industrial to R4, General Residential district. 548 of 728 DRAFT Page 2 of 4 Plan Commission Minutes 06/11/2014 Mr. Damir Latinovic, Neighborhood and Land Use Planner, explained that the petitioner is requesting to rezone a property from I2, General Industrial to R4, General Residential district. The property is located at the Northeast corner of Dodge Avenue and Greenwood Street. Greenwood Street ends in a cul-de-sac and does not cut through to Dodge Avenue. 1825 Greenwood Street is a single family home located at the southern portion of the lot while an old auto repair shop at 1409 Dodge Avenue is located on the northern section of the lot. The property is approximately 7,542 square feet in area and is currently vacant. A zoning map was shown depicting the current zoning for the property as I2 Industrial. The surrounding properties to the north and east are R3, which is two- family residential district. The property to the south is also zoned I2 and is currently a two-story multi-tenant office building. The property to the west is zoned R4 and is a vacant single family structure that was previously used as a contractor’s office. The petitioner is proposing to construct three dwelling units on the property. The existing single family home would be renovated to include an attached garage. The former automobile shop on the northern edge of the property would have a second floor added and be converted into a duplex (two units). There would be a total of three dwelling units on the property; therefore, the petitioner is requesting the R4 district for multi-family residential. Slides showing the proposed improvements were projected. The petitioner will modify the existing structures, which are non-conforming and do not meet the bulk restrictions, so the petitioner will be requesting several variations that will be reviewed by the Zoning Board of Appeals. The petition for the zoning variations are scheduled for July 1, 2014 ZBA hearing. However, the discussion for tonight is just for the rezoning. The single family home site plans for the first and second floors were shown, as well as the addition of an attached garage. The proposed site plans for conversion of the automobile repair shop into a duplex were shown. The plans included first and second floors, as well as attached single car garages for each unit. Staff believes that the proposed rezoning from I2 to R4 is appropriate as a transitional density buffer to the residential R3 uses to the east from the more intense uses to the south and southwest. There are other R4 zoning districts on the east side of Dodge Avenue. Over time, these transitional multi-family uses have been established along the old railroad corridor that initially only had industrial and commercial uses. However, residential uses and districts have emerged over time on the east side of the old corridor. Staff believes that standards for approval for rezoning have been satisfied and the proposal is consistent with the Comprehensive Plan. The proposed rezoning would enhance the neighborhood by providing an appropriate buffer to said uses. It would also provide a range of housing choices to the area residents and is compatible with the surrounding neighborhood character because the use of the property would be a single family dwelling and a two-family dwelling rather than a multi-family structure. Staff also believes that the proposed changes would not negatively impact the surrounding area. In fact, staff believes the proposal would increase values of properties in the area by eliminating the old automobile repair shop, which was a detriment to the surrounding area. The proposal will be adequately serviced by public facilities. 549 of 728 DRAFT Page 3 of 4 Plan Commission Minutes 06/11/2014 To summarize, staff recommended approval of the proposal that was presented to the Zoning Committee at their May 21, 2014 meeting. Several residents attended that meeting inquiring about the affordability of the new units. The petitioner was present at that time to confirm that they will be market rate. The Zoning Committee Board made a positive recommendation to the Planning Commission at last month’s meeting. Chairman Peters invited the discussion and questions from Commission members. Commissioner Ford asked if there were other issues raised at the Zoning Committee meeting that were resolved. Mr. Latinovic stated that the only discussion at the meeting was regarding the affordability of the duplex. Commissioner Steele commented on the narrowness of the lot with 14 feet in front of the old garage. He noted that there was no access from the alley, meaning people would have to enter from Dodge Avenue, an already busy street. He wanted to know how the additional two-units will impact traffic conditions there since reversing onto Dodge Avenue would be necessary. Mr. Latinovic reminded everyone that this meeting was dealing only with the rezoning. Access and other issues are reviewed by SPAARC and the Zoning Board of Appeals. He was unsure if the typical 18 foot length for a parking stall would be achieved if residents wanted to park in the driveway. He also repeated that the automobile repair shop converted to a duplex would have two one-car garages with access to Dodge Avenue. During the SPAARC meeting that day, this same access issue was brought up, and a number of ideas were proposed. These ideas included having access on the north side alley to loop into the units, having access off of the cul-de-sac on Greenwood Street and bringing the single-family home’s garage closer to the front to avoid requiring access to Dodge Avenue. These matters and variances are to be addressed by SPAARC and ZBA. The designs for both the single family home and the two-family structure are still in design stages. Commissioner Steele also wanted to confirm that the duplex will have the same footprint of the existing auto shop. He followed up with a question to the idea of providing access for the two cars on the Greenwood Street cul-de-sac. Mr. Latinovic clarified that the Greenwood Street access idea would only apply to the single family home and that it was brought up during SPAARC meeting. The alley access idea would apply to the duplex. Commissioner Steele followed up saying he thinks the proposal will be an improvement to the neighborhood but feels that parking and having to reverse onto Dodge Avenue is still an issue. He also noted that the alley is narrow, which might make it difficult to access the single-car garages with a sharp turn. Chairman Peters stated that he would not agree that the Pc lacks jurisdiction and that it will go to the Zoning Board for specific considerations of access before it goes to the Council. He continued by saying the appropriate use for this site is residential given the surrounding uses. He would recommend approving. Chairman Peters invited the applicant to speak. The applicant, Mr. Tom Heskin, was sworn in. He spoke to address Commissioner Steele’s parking comments and to add to comments by Mr. Latinovic. Mr. Heskin stated that another option for access would be to add a turn-around in front of each of the two townhomes to allow drivers to back out onto the turn-around and make a 90 degree turn in a forward fashion onto Dodge Avenue if there were not a sufficient radius to turn from the alley. 550 of 728 DRAFT Page 4 of 4 Plan Commission Minutes 06/11/2014 Commissioner Steele asked wondering if these new dwelling units will sell. Mr. Heskin stated that due to the fact that further down Greenwood Street there are nicer homes, he feels that continuing that westward the homes will sell. With no other questions for the applicant and not other members of the public present in the audience, Chairman Peters asked for a motion or further discussion. Commissioner Steele restated that this proposal will be a 100% improvement to the current site. He made a motion to approve the proposed rezoning with a condition that the parking issues be addressed. Chairman Peters clarified the motion was for the approval of the rezoning petition, and that parking access comment can be added as a suggestion but cannot be tied to the motion, to which Commissioner Steele confirmed. Commissioner Ford seconded the motion. A voice vote was taken and a motion was approved by voice call 6-0. Chairman Peters confirmed with the Board that the standards have been met as indicated in the staff’ memo. He asked staff to confirm that adequate public facilities and services standard was also addressed. Mr. Latinovic confirmed that staff believes that the public utilities and facilities are adequate for the area. … 4. ADJOURNMENT There being no further discussion, Commissioner Goddard made a motion to adjourn the meeting, and Commissioner Asaro seconded the motion. The meeting was adjourned at 8:40 pm. Respectfully Submitted, Damir Latinovic Neighborhood and Land Use Planner Community Development Department 551 of 728     FF II NN DD II NN GG SS FOR STANDARDS OF VV AA RR II AA TT II OO NN SS In the case of Case Number: 14ZMJV-0065 Address or Location: 1825 Greenwood Avenue/1409 Dodge Avenue Applicant: Thomas Heskin Proposed Zoning Relief: establish two principal structures on one lot, 14.4’ front yard setback, 8.5’ street side yard setback, 1.9’ east interior side yard setback – for addition of a second story and attached garage to a single family residence; 1.7’ east interior side yard setback, 6.6’ rear yard setback, 2 on-site parking spaces—for conversion of an automobile repair service establishment into a 2-family residence with a second story addition after conducting a public hearing on July 1, 2014, the Zoning Board of Appeals makes the following findings of fact, based upon the standards for major variances specified in Section 6-3-8-12 of the City Code: Standard Finding (A) The requested variation will not have a substantial adverse impact on the use, enjoyment or property values of adjoining properties; ___X___Met _____Not Met 5-0 (B) The requested variation is in keeping with the intent of the zoning ordinance; ___X___Met _____Not Met 5-0 (C) The alleged hardship or practical difficulty is peculiar to the property; ___X___Met _____Not Met 5-0 (D) The property owner would suffer a particular hardship or practical difficulty as distinguished from a mere inconvenience if the strict letter of the regulations were to be carried out; ___X___Met _____Not Met 5-0 552 of 728     (E) The purpose of the variation is not based exclusively upon a desire to extract additional income from the property; or there is a public benefit; ___X___Met _____Not Met 5-0 (F) The alleged difficulty or hardship has not been created by any person having an interest in the property; __X___Met _____Not Met 5-0 (G) The requested variation is limited to the minimum change necessary to alleviate the particular hardship or practical difficulty which affects the property; __X___Met _____Not Met 5-0 and, based upon these findings, and upon a vote of __5__ in favor & __0__ against recommends to the City Council __X__ approval _____ denial (cases that fail to receive 4 concurrent votes in favor are deemed a recommendation for denial) approval with conditions __X__ approval _____ denial (cases that fail to receive 4 concurrent votes in favor are deemed a recommendation for denial) 1. Consider establishing an HOA/condo 2. The project must be within substantial compliance of the documents and testimony on record. __________________________________________ Date: _____________ Matt Rodgers Zoning Board of Appeals Chairman Attending: Vote: Aye No __X__ Violetta Cullen _X__ ____ _____ Mary Beth Berns ____ ____ __X__ Beth McLennan _X__ ____ __X__ Matt Rodgers _X__ ____ _____ Andrew Gallimore ____ ____ __X__ Scott Gingold _X__ ____ 553 of 728     __X__ Clara Wineberg _X__ ____ 554 of 728 555 of 728 DRAFT NOT APPROVED Page 1 of 3 Zoning Board of Appeals MEETING MINUTES ZONING BOARD OF APPEALS Tuesday, July 1, 2014 7:00 PM Civic Center, 2100 Ridge Avenue, Council Chambers Members Present: Matt Rodgers, Beth McLennan, Violetta Cullen, Clara Wineberg, Scott Gingold Members Absent: Mary Beth Berns, Andrew Gallimore Staff Present: Melissa Klotz, Lorrie Pearson, Mario Treto Chair: Matt Rodgers Declaration of Quorum With a quorum present, Chair Rodgers called the meeting to order at 7:03pm. Approval of Minutes The minutes from the May 20, 2014 Zoning Board of Appeals meeting were motioned for approval by Ms. Cullen and seconded by Ms. McLennan. The motion was approved 3-0 with two abstentions. New Business … 1825 Greenwood Avenue /1409 Dodge Avenue ZBA 14ZMJV-0065 Thomas Heskin, property owner, applies for major zoning relief to add a second story addition and attached garage to a single family residence and convert an automobile repair service establishment into a 2-family residence with a second story addition. The applicant requests to establish two principal structures on one lot where one principal structure is allowed (Zoning Code Section 6-4-1-6-B), as well as the following for the single family residence (1825 Greenwood Street): 1. 14.4’ front yard setback where 27’ is required (Zoning Code Section 6-8-5-7-A-1) for the second story addition. 2. 8.5’ street side yard setback where 15’ is required (Zoning Code Section 6-8-5-7-A-2) for the attached garage. 3. 1.9’ east interior side yard setback where 5’ is required (Zoning Code Section 6-8-5-7-A- 3) for the second story addition. And the following for the 2-family residence (1409 Dodge Avenue): 1. 1.7’ east interior side yard setback where 5’ is required (Zoning Code Section 6-8-5-7-A- 3) for the second story addition. 2. 6.6’ rear yard setback where 25’ is required (Zoning Code Section 6-8-5-7-A-4) for the second story addition. 3. 2 on-site parking spaces where 3 parking spaces are required (Zoning Code Section 6- 16-3-5). The Zoning Board of Appeals makes a recommendation to City Council, the determining body for this case. Ms. Klotz read the case into the record. 556 of 728 DRAFT NOT APPROVED Page 2 of 3 Zoning Board of Appeals Tom Heskin, the applicant, explained the proposal:  The property has an existing single family residence and a mechanic shop  Commercial use is not probable at that location Chair Rodgers asked if the building footprint for the single family home is increasing. Tom Heskin answered no, the building footprint is not increasing. Ms. Klotz added that a garage is being added to the single family residence, so that is changing. Chair Rodgers asked about the building footprint for the proposed two-family structure. Tom Heskin replied that there is no change to that footprint. Ms. Cullen noted that the property has had high crime and that residential would be much better. Tom Heskin also stated that there are no longer any proposed curb cuts off of Dodge anymore. Ms. Klotz added that the applicant has worked extensively with staff to eliminate Dodge curb cuts and to minimize the impervious surface cover. Mr. Gingold asked if the garage has been relocated. Ms. Klotz replied that yes, the garage was moved forward to minimize driveway length off of Greenwood. Chair Rodgers stated he was not thrilled with having two separate principal structures. There could be a future problem with wanting a subdivision or more variances. Patrick Stayhand said he was glad the previous property owner is gone. He uses the alley frequently. He objects to the use of the property as rental and the use of the alley. This will mean more users for the alley. Tom Heskin replied that the two single car garages will use the alley access. This will be much less vehicular traffic than the mechanic shop that regularly had six or so cars. The residences will be sold individually. Mr. Gingold agreed with Chair Rodger’s comment that this could create future zoning issues. Ms. Wineberg stated that it is a unique situation because two principal structures already exist. This is an opportunity to provide residential continuity and eliminate an eyesore and social sore. Ms. Cullen agreed stating that the property has been a big eyesore. The ZBA entered into deliberations: Chair Rodgers stated he was torn. He was pleased to see residential development, but he foresees future problems. Ms. Wineberg believes it is worth the risk and supported the proposal. Ms. Cullen and Ms. McLennan agreed. 557 of 728 DRAFT NOT APPROVED Page 3 of 3 Zoning Board of Appeals The Standards were addressed: 1. Yes 2. Yes Chair Rodgers initially expressed concerns. Ms. Cullen and Ms. McLennan agreed it would be better if they were developed as condos or a Home Owners Association 3. Yes 4. Yes 5. Yes It is a public benefit 6. Yes 7. Yes Chair Rodgers motioned to recommend approval of the proposal with the following conditions: 1. Consider establishing an HOA/condo. 2. The project must be within substantial compliance of the documents and testimony on record. The motion was seconded by Ms. Cullen and approved 5-0. Council should consider the implications of creating a substandard lot if the lot wants to be subdivided in the future. Ms. Klotz stated that the next ZBA meeting is July 15th and there are four cases. She also shared by email information on the Illinois APA conference and a recommended training session at the conference. Chair Rodgers asked staff to send ZBA Rules to all. They need to be revised and asked everyone to please comment on changes to propose by July 18th. Then staff will add comments. The meeting adjourned at 8:50pm. 558 of 728 For City Council meeting of July 14, 2014 Item H1 Business of the City by Motion: 2014 Emergency Solutions Grant Allocations For Action To: Honorable Mayor and Members of the City Council From: Mark Muenzer, Director of Community Development Sarah Flax, Housing and Grants Administrator Mary Ellen Poole, Housing Planner Subject: 2014 Emergency Solutions Grant Allocations Recommendation Date: July 1, 2014 Recommended Action: The Human Services Committee, the Housing and Homelessness Commission and staff recommend approval of 2014 Emergency Solutions Grant (ESG) allocations totaling $135,550: $125,384 to two social services agencies that provide housing and services for individuals and families who are homeless or at risk of homelessness, and $10,166 to the City of Evanston for grant administration. Funding Source: Funding source is the City’s 2014 Emergency Solutions Grant entitlement allocation from the U.S. Department of Housing & Urban Development (100.10060.004. 2128.55275). Summary: ESG funds will be used to provide eligible programs including essential services, operating expenses of homeless shelters, rapid re-housing for homeless households, homeless prevention for households at high risk of homeless, and program administration as outlined in the 2014 Action Plan. That plan allocated funds to eligible activities on a percentage basis because the federal government had not determined ESG funding for the year at that time. Following receipt of the City’s ESG grant amount in spring of 2014, this recommendation allocates specific dollar amounts to subrecipients based on the percentages of funding in the 2014 Action Plan, which was approved by City Council on November 11, 2013. The City of Evanston’s 2014 ESG grant is $135,550, an increase from 2013 but below 2012. The City allocated ESG dollars in the 2014 Action Plan for these activities on a percentage basis, increasing the percentage of funds for re-housing activities, following the priorities of the HEARTH Act as shown in the table below. Because the 2014 grant is larger than 2013, this resulted in increased dollars over 2013 levels, but below 2012. Memorandum 559 of 728 The table below summarizes the ESG grants for 2012, 2013 and 2014 broken out by activities as a percentage of each year’s grant amount. The right hand column compares 2014 funding to the 2012. The impact of the 2013 reductions in ESG funding has been reversed in part by the 2014 increase. Summary of ESG Funding by Program Year and Activity 2012 Funding 2013 Funding 2014 Funding 2014 Dollars as a Percent of 2012 Eligible Activities Percent Amount Percent Amount Percent Amount Street Outreach 10.8% $ 16,338 10.0% $ 11,578 10.0% $13,555 83% Emergency Shelter 36.9% $ 55,998 33.5% $ 38,787 38.5% $45,409 81% Homeless Prevention 19.9% $ 30,262 22.0% $ 25,472 19.0% $25,754 85% Rapid Re- housing 19.9% $ 30,262 22.0% $ 25,472 25.0% $33,888 112% HMIS 5.0% $ 7,592 5.0% $ 5,789 0.0% n/a 89% Administration 7.5% $ 11,388 7.5% $ 8,684 7.5% $10,166 89% $151,839 $115,781 $135,550 89% 2014 recommendation moves the 5% of funds permitted for HMIS (Homeless Management Information System) database to the Rapid Re-housing activity, increasing support for this activity based on local and federal priorities. This change is made possible in part by the City’s support of HMIS with Affordable Housing Funds and does not require a substantial amendment to the 2014 Action Plan. Connections for the Homeless – $30,409 for operational support of Hilda’s Place, a 20-bed transitional shelter for men and women, $13,555 for essential services through its Entry Point outreach to homeless persons program, $25,755 for Homeless Prevention rental assistance and case management, and $40,665 for Rapid Re-housing rental assistance and case management; total funding of $110,384. Hilda’s Place provides up to 90 days of transitional housing for single adults who may be chronically homeless, or have lost housing because of unemployment, eviction, foreclosure, etc. ESG funds are used for operating expenses of the shelter including rent, repairs and maintenance, and supplies. Connections also provides essential services, including case management, laundry, showers and meals to residents of Hilda’s Place and clients of Entry Point, its street outreach program. Case workers help clients find employment and receive benefits such as Supplemental Social Security and Social Security Disability Insurance. Medical services are provided through a weekly in- house clinic and clients are referred to Erie Clinic, mental health providers and support programs for mental health issues and substance abuse. ESG funds are used for case workers and other program staff salaries and benefits, including the medical support team. 560 of 728 Connections for the Homeless also provides re-housing and prevention services, including rental assistance and case management services. Funds may be used for direct tenant based rental and utilities assistance, housing relocation and stabilization services, and salaries of program staff. YWCA Evanston-North Shore - $15,000 for operational support of its 32-bed shelter facility that provides safe housing for up to 90 days for women and children fleeing domestic abuse. The YWCA also provides case management, legal advocacy, crisis intervention, financial literacy and other services to help clients develop independence and self sufficiency. ESG funds are used to purchase food for residents of the shelter. The YWCA will provide housing, meals and supportive services to an estimated 250 women and children in its DV shelter in 2014. City staff will continue to participate with local service providers in the selection review committee for re-housing and prevention activities to ensure all requirements are met and procedures followed, including the appeal process for individuals or households deemed ineligible for services. Evanston’s 2014 ESG funds will be matched on a one-to-one basis with Mental Health Board funds from the City’s general fund and Evanston Township, State funds and other resources, including in-kind contributions, depending on the agencies funded, to meet the match requirement for ESG. 561 of 728 For City Council meeting of July 14, 2014 Item H2 Resolution 54-R-14: Acceptance of Grant for Abandoned Property Relief For Action To: Honorable Mayor and Members of the City Council Human Services Committee From: Evonda Thomas-Smith Director Health Department Carl Caneva Assistant Director Subject: Resolution 54-R-14, Authorizing the City Manager to Accept a Grant from the Illinois Housing Development Authority’s Abandoned Residential Property Municipal Relief Program Date: July 1, 2014 Recommended Action: Staff recommends City Council adoption of Resolution 54-R-14, authorizing the City Manager to accept a grant from the Illinois Housing Development Authority’s Abandoned Residential Property Municipal Relief Program. Funding Source: The Illinois Housing Development Authority (IHDA) has provided $75,000.00 in funding to address property maintenance issues at registered vacant properties. Summary: The City of Evanston has been awarded $75,000.00 to use as funds to assist with the maintenance and demolition of abandoned properties from the State of Illinois as facilitated through the IHDA. Funds can be used to address vacant housing for specific activities such as: a) Cutting of neglected weeds or grass b) Trimming of trees or bushes and removal of nuisance bushes and trees c) Extermination of Pests or prevention of the ingress of pests d) Removal of garbage, debris, and graffiti e) Boarding up, closing off or locking windows or entrances or otherwise making the interior of the building inaccessible to the general public f) Surrounding part or all of an Abandoned Residential Property’s underlying parcel with a fence or wall or otherwise making part or all of the Abandoned Residential Property’s underlying parcel inaccessible to the general public g) Demolition of Abandoned Residential Property Memorandum 562 of 728 h) Rehabilitation of Abandoned Residential Property Resolution 54-R-14 authorizes the City Manager to accept a grant from the Illinois Housing Development Authority’s Abandoned Residential Property Municipal Relief Program upon executing the Program Funding Agreement. Attachments : Resolution 54-R-14 Program Funding Agreement Page 2 of 2 563 of 728 7/1/2014 54-R-14 A RESOLUTION Authorizing the City Manager to Accept a Grant from the Illinois Housing Development Authority’s Abandoned Residential Property Municipal Relief Program WHEREAS, the City of Evanston (the “Sponsor”) has been awarded a grant (the “Grant”) from the Illinois Housing Development Authority (the “Authority”) program administrator of the Abandoned Residential Property Municipal Relief Program (the “Program”), as that Program is authorized by Section 7.31 of the Illinois Housing Development Act, 20 ILCS 3805/1 et seq. and the rules promulgated under the Act codified at 47 Ill. Adm. Code 381, as may be amended from time to time NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS: SECTION 1: That the Sponsor shall enter into the Program Funding Agreement (the “Agreement,” attached hereto as “Exhibit A”) with the Authority wherein the Authority agrees to make the Grant to the Sponsor, which shall be used by the Sponsor to assist with the maintenance and demolition of abandoned properties within the Recipient’s area, all in accordance with the terms and conditions set forth in the Agreement. SECTION 2: That the City Manager of the Sponsor is hereby authorized and empowered to execute and deliver in the name of or on behalf of the Sponsor the Agreement and any and all amendments, modifications and supplements thereto, and to execute and deliver such additional documents, instruments and certificates, as may 564 of 728 54-R-14 ~2~ be necessary or desirable for the Sponsor to perform its obligations under the Agreement. SECTION 3: That the City Manager be and hereby is authorized and directed to take such additional actions, to make further determinations, to pay such costs and to execute and deliver such additional instruments (including any amendments, Agreements or supplements) as he deems necessary or appropriate to carry into effect the foregoing resolutions. SECTION 4: That the Sponsor hereby ratifies, authorizes and confirms and approves all documents and instruments executed in connection with the Grant and the Agreement, including those acts taken prior to the date hereof. SECTION 5: That this Resolution 54-R-14 shall be in full force and effect from and after its passage and approval in the manner provided by law. ______________________________ Elizabeth B. Tisdahl, Mayor Attest: _____________________________ Rodney Greene, City Clerk Adopted: ________________, 2014 565 of 728 54-R-14 ~3~ EXHIBIT A Program Funding Agreement 566 of 728 1 PROGRAM FUNDING AGREEMENT This PROGRAM FUNDING AGREEMENT (this “Agreement”), made and entered into as of the ___ day of _____________, 2014, by and between CITY OF EVANSTON, an Illinois unit of local government (“Recipient”) and the Illinois Housing Development Authority (the “Authority”) a body politic and corporate established pursuant to the Illinois Housing Development Act, 20 ILCS 3805/1 et seq., as amended from time to time (the “IHDA Act”). W I T N E S S E T H: WHEREAS, pursuant to authority under Section 7.31 of the IHDA Act and the rules promulgated thereunder and codified at 47 Ill. Adm. Code 381 (the “Rules”), the Authority may provide Funds to municipalities and counties in Illinois participating in the Abandoned Residential Property Municipality Relief Program for the maintenance and demolition of abandoned properties; and WHEREAS, the Authority has issued, and the Recipient has accepted, that certain Conditional Commitment Letter (together with any amendments thereto, the “Commitment”), pursuant to which the Authority has agreed to provide funds to the Recipient in an amount not to exceed Seventy-Five Thousand and No/100 Dollars ($75,000.00) (the “Funds”) and Recipient will use the Funds for Eligible Uses in connection with maintenance and demolition of Abandoned Residential Property within the Recipient’s jurisdiction (the “Project”) and for no other purpose; and WHEREAS, as an inducement to the Authority to provide the Funds, the Recipient agrees to enter into this Agreement and consents to be regulated and restricted by the Authority as provided in this Agreement, the IHDA Act and the Rules. NOW, THEREFORE, the parties hereto agree as follows: 1. Incorporation. The foregoing recitals are made a part of this Agreement. 2. Act and Regulations. The Recipient agrees that at all times its acts regarding the Project shall comply with the applicable provisions of the IHDA Act and the Rules. 3. Definitions: “Abandoned Property Program” shall mean the Abandoned Residential Property Municipal Relief Program authorized by Section 7.31 of the IHDA Act and the Rules. “Abandoned Residential Property” shall have the meaning ascribed to it in the Rules. “Application” shall mean the application for the Funds completed by the Recipient. 567 of 728 2 “Business Day” shall mean any day other than (i) a Saturday or Sunday, or (ii) a day on which the Authority is authorized or obligated by law to be closed. “Closing Date” shall mean the date upon which all requirements set forth in the Commitment have been satisfied. This Agreement shall be dated as of the Closing Date and shall become effective as of the Effective Date. “Commitment” shall mean that certain Conditional Commitment Letter by the Authority and accepted by the Recipient dated as of May 13, 2014. “Disbursements” shall mean the Funds that may be disbursed to the Recipient after the Closing Date. “Effective Date” shall mean July 28, 2014. “Eligible Uses” shall have the meaning ascribed to it in the Rules. “Fund Documents” shall mean the Application, this Agreement, the Commitment and any and all other documents evidencing or governing the Funds. “Initial Disbursement” shall mean that portion of the Funds that may be disbursed to the Recipient after the Closing Date for reimbursement in connection with expenses for Eligible Uses incurred by the Recipient as of January 1, 2012 through the Effective Date. “Quarterly Disbursements” shall mean that portion of the Funds that may be disbursed to the Recipient after the Closing Date for reimbursement in connection with expenses for Eligible Uses incurred by the Recipient as detailed on the Recipient’s Quarterly Disbursement Statements. “Termination Date” shall mean the date which is two (2) years after the Effective Date. 4. Commencement. The term of this Agreement shall commence on the Effective Date and, unless terminated earlier pursuant to the provisions herein, shall terminate on the Termination Date. No disbursement shall be made under this Agreement after the Termination Date. Any Funds disbursed to the Recipient but not expended by the Recipient as of the Termination Date shall be returned to the Authority within Five (5) Business Days after the Termination Date. 5. Project Requirements. In connection with the Project, the Recipient shall perform functions that include, but may not be limited to, the following: a. Report data-points and financials to Authority, as set forth herein. b. Use funds for Eligible Uses as ascribed in Rules. 568 of 728 3 c. Recipient is not barred from receiving funds under any federal program or any program of the state. In addition, Recipient is not delinquent in the payment of any debt to the State of Illinois (or if delinquent has entered into a deferred payment plan to pay the debt), and Recipient and its affiliates acknowledge the Authority may declare this Agreement void if this certification is false or if Recipient or an affiliate later becomes delinquent and has not entered into a deferred payment plan to pay off the debt. d. Recipient has satisfied and will continue to satisfy all terms, conditions, and covenants of and has not suffered or will suffer any event of default of any agreement, contract or requirement of the Authority, HUD, the State, or any political subdivision thereof. e. Recipient has not been convicted of bribery or attempting to bribe an officer or employee of the State in that officer’s or employee’s official capacity; nor has it made an admission of guilt of such conduct which is a matter of record but has not been prosecuted for such conduct. In addition, if Recipient has been convicted of a felony, as least five (5) years have passed after the date of completion of the sentence for such felony, unless no person held responsible by a prosecutor’s office for the facts upon which the conviction was based continues to have any involvement with the business. f. Recipient will at all times, in the performance of this Agreement, comply with all applicable federal, state, and local laws and regulations. g. Recipient shall obtain a fidelity bond coverage or honesty insurance in an amount that is at least equal to the lesser of (a) the Funds awarded, or (b) $100,000.00 with the Authority named as an additional insured. h. Recipient shall provide wire instructions or ACH deposit instructions for the Bank Account (as defined in Paragraph 7.f hereof). i. Recipient shall perform any other functions that the Authority may reasonably require. The Authority reserves the right to assess the Recipient’s performance of the Project at all times throughout the term of this Agreement. If the Authority determines, in its sole discretion, that the Recipient’s performance of the Project is not satisfactory or that the Project is not yielding satisfactory results for the operation of the Abandoned Property Program, the Authority shall have the right to terminate this Agreement pursuant to Paragraph 10 hereof. 6. Additional Covenants. The Recipient further certifies under oath, covenants and agrees that, to the best of Recipient’s knowledge, information and belief, (i) all representations and warranties of the Recipient contained in this Agreement and the other Fund Documents are true, accurate and complete as of the date hereof and shall be true, accurate and complete at the time of the Disbursement; (ii) that the Funds shall be used only for the purposes described in this Agreement; and (iii) that the award of Funds is conditioned upon the certification as set forth in this Paragraph 6. 569 of 728 4 7. Disbursement of Funds. Provided that adequate funds have been appropriated or directed to the Authority to fulfill its obligations under this Agreement, the Authority will authorize the Disbursements as follows: a. Initial Disbursement. On or after the Effective Date, the Recipient shall provide the Authority with a detailed accounting of all expenses incurred by the Recipient for Eligible Uses as of January 1, 2012 through the Effective Date (the “Initial Disbursement Statement”), as set forth in Paragraph 7.d hereof, on a form supplied by the Authority, and documents substantiating the expenditures made by Recipient, which must be satisfactory to the Authority in its sole and absolute discretion. Provided that the Authority approves of the Initial Disbursement Statement, the Initial Disbursement will be disbursed within forty-five (45) days of the Authority’s receipt of the Initial Disbursement Statement. b. Quarterly Disbursements. Within ten (10) calendar days of the end of each quarter, commencing with the first full quarter ending after the Effective Date, the Recipient shall provide the Authority with a detailed accounting of all expenses incurred by the Recipient for Eligible Uses (the “Quarterly Disbursement Statement”), as set forth in Paragraph 7.d hereof, on a form supplied by the Authority which must be satisfactory to the Authority in its sole and absolute discretion. Provided that the Authority approves of the Quarterly Disbursement Statement, the Quarterly Disbursement will be disbursed within forty-five (45) days of the Authority’s receipt of the Quarterly Disbursement Statement. Notwithstanding anything to the contrary contained herein, each Quarterly Disbursement shall also be based on the Recipient’s performance under the Abandoned Property Program to date and the Recipient’s continued willingness to perform. Notwithstanding anything to the contrary contained herein, the Authority reserves the right, in its sole and absolute discretion, to increase, decrease or eliminate the Funds to the Recipient and the Authority has the right to modify the expenditure timeline as set forth herein. c. Rejection of Disbursement Statement. If the Authority rejects the Recipient’s Initial Disbursement Statement or a Quarterly Disbursement Statement, the Authority shall give its reasons for such rejection in a written notice to Recipient as provided in Paragraph 19 hereof and the Recipient shall have five (5) Business Days from the date of receipt of the rejection notice, or within such further time as the Authority in its sole discretion permits, to cure any defects in the documents submitted and, provided the cure is accepted by the Authority, additional Disbursements may be made to the Recipient. If the Recipient fails to cure any defects to the Authority’s satisfaction, the Authority may declare a default under this Agreement, effective upon notice to the Recipient, and shall have the remedies available to it as set forth in Paragraph 10 hereof. d. Disbursement Statements. The Initial Disbursement Statement and each Quarterly Disbursement Statement shall include: (i) A complete and accurate Abandoned Property Program-Cumulative Accounting of the expenses for Eligible Uses incurred by the Recipient on a form supplied by the Authority. 570 of 728 5 (ii) Evidence and back-up documentation of expenses for Eligible Uses, including, but not limited to, receipts, ledgers, invoices, before and after pictures, addresses or geographic coordinates, and number of abandoned residential properties served. (iii) Any and all other documents and showings reasonably requested by the Authority or its counsel. e. Documentation Retention. As set forth in Paragraph 11 hereof, Recipient shall maintain copies of all documents substantiating expenditures made by Recipient in connection with the Abandoned Property Program for a period of five (5) years after the Termination Date. Recipient shall ensure that all books, records, and supporting documents in relation to all expenses in connection with the Abandoned Property Program are maintained at the address listed for the Recipient in Paragraph 19 hereof and are available for inspection by the Authority upon the Authority’s request. f. Bank Account for Disbursements. The Authority shall effectuate Disbursements by transferring the Funds directly to a bank account (the “Bank Account”), established at a bank or other financial institution (the “Bank”) selected by the Recipient and acceptable to the Authority. Recipient shall provide evidence of the Bank Account to the Authority on a form acceptable to the Authority and shall include ACH instructions on a form acceptable to the Authority. Recipient shall be responsible for the management of the Bank Account, and shall cause the Bank to provide the Authority with copies of statements upon the Authority’s request. Recipient shall maintain the Bank Account as a separate account or a separate sub-account designated solely for the Abandoned Property Program. Any fees and costs charged or incurred by Bank in connection with the Bank Account shall be paid by the Recipient. 8. Reporting Requirements. The Recipient shall provide quarterly reports to the Authority within ten (10) calendar days of the end of each quarter, commencing with the first full quarter ending after the Effective Date in accordance with Section 381.209 of the Rules. The Recipient’s submission of the Quarterly Disbursement Statements as set forth in Paragraph 7 hereof will be sufficient to meet the reporting requirements under this Paragraph 8. 9. Non-Discrimination. a. The Recipient shall not, in the provision of services in connection with the Project, or in any other manner, discriminate against any person on the grounds of race, color, creed, religion, sex, age, disability, national origin, familial or marital status, unfavorable military discharge or because the person is receiving governmental rental assistance. b. The Recipient shall comply with all of the provisions of Paragraph 13 of the IHDA Act, and all other provisions of federal, state and local law relative to non- 571 of 728 6 discrimination. c. The Recipient agrees not to commit unlawful discrimination in employment in Illinois as that term is used in the Illinois Human Rights Act (775 ILCS 5/1-101 et seq.) and rules applicable to public contracts, including equal employment opportunity, refraining from unlawful discrimination The Recipient agrees to comply with the applicable provisions of the Fair Housing Act (42 USC 3601 et seq.), Section 504 of the Rehabilitation Act of 1973 (29 USC 794), the Illinois Environmental Barriers Act (410 ILCS 25), the Illinois Accessibility Code (71 Ill.Adm. Code 400), and all other applicable state and federal laws concerning discrimination and fair housing. The Recipient further agrees to take affirmative action to ensure that no unlawful discrimination is committed. d. The Recipient agrees and acknowledges that they are in compliance with and will remain in compliance with all federal and State laws, rules, and regulations required as a regular course of their business and pursuant to IHDA Act, the Rules, and the Abandoned Property Program. The Recipient agrees and acknowledges that it is its responsibility to determine which laws, rules and regulations apply. 10. Violation of Agreement. Upon learning of a violation of any of the provisions of this Agreement by the Recipient or if the Authority determines, in its sole discretion, that the Recipient’s performance of the Project is not satisfactory or that the Project is not yielding satisfactory results for the operation of the Abandoned Property Program, or if the Recipient becomes insolvent, defunct, or commences bankruptcy proceedings, or should any director, officer, employee or official of Recipient engage in fraud, willful misconduct or gross negligence or misappropriate any funds, then the Authority may give written notice of such violation or unsatisfactory performance to the Recipient, as provided in Paragraph 19 hereof. If such violation or unsatisfactory performance is not corrected to the satisfaction of the Authority within thirty (30) days after the receipt of such notice, or within such further time as the Authority in its sole discretion permits, the Authority may declare a default under this Agreement, effective upon notice to the Recipient the Authority may: a. Recover the disbursed Funds, or such portion of the disbursed Funds as are, in the sole judgment of the Authority, related to the violation of this Agreement; b. Terminate this Agreement; and c. Exercise such other rights or remedies as may be available to the Authority under this Agreement, at law or in equity. No waiver by the Authority of any breach of this Agreement shall be deemed to be a waiver of any other existing or subsequent breach of this Agreement. No delay in exercising, failure to exercise, or incomplete exercise by the Authority of any right under this Agreement shall operate as a waiver of such right or any other right. The Authority’s remedies are cumulative and the exercise of one remedy shall not be deemed an election of remedies, nor foreclose the exercise of the Authority’s other remedies. 572 of 728 7 Notwithstanding the foregoing thirty (30) day cure period for violations of the Agreement, the cure period for Requests for Disbursements shall be as set forth in Paragraph 7 hereof. 11. Monitoring of Project. The Authority, the Auditor General and the Attorney General, and their respective agents or representatives (collectively, the “Auditor”) shall have the right at any time from the Closing Date through five (5) years after the Termination Date, upon notice to the Recipient to inspect the books and records of the Recipient relating to the Project completed during the Project. Recipient shall make available this Agreement and all books, records and supporting documents related to this Agreement for review and audit by the Auditor. Recipient shall cooperate fully with any audit conducted by the Auditor and shall permit the Auditor full access to all relevant materials. The required documentation may include, but is not limited to, a copy of the municipality's or county's Application to the Authority; all records relating to the Eligible Uses under the Program, as set forth in Section 381.203 of the Rules; and any other documentation required by the Auditor. Recipient further agrees that the failure of the Recipient to maintain the books, records, and supporting documents required by this Paragraph 11 shall establish a presumption in favor of the State of Illinois and the Authority for the recovery of any funds paid by the State of Illinois or the Authority under this Agreement for which adequate books, records and supporting documentation are not available to support their purported disbursement. 12. Indemnification of the Authority. Recipient agrees to defend and indemnify and hold harmless the Authority from and against any and all damages, including, but not limited to, any past, present or future claims, actions, causes of action, suits, demands, liens, debts, judgments, losses, costs, liabilities and other expenses, including, but not limited to, reasonable attorneys’ fees, costs, disbursements, and other expenses, that the Authority may incur or suffer by reason of or in connection with the Project, including without limitation the execution of the Fund Documents and the provision of the Funds. Recipient further agrees that the Authority, if it so chooses, shall have the right to select its own counsel with respect to any such claims. The obligations of Recipient under this Paragraph 12 shall survive the provision of the Funds. 13. Drug-Free Workplace. If applicable, Recipient agrees to comply with the Drug Free Workplace Act (30 ILCS 580/1 et seq.). The Recipient’s Drug Free Workplace Certification (form of which is attached hereto as Exhibit A) is made a part of this Agreement. 14. Amendment of Agreement. This Agreement shall not be altered or amended except by a written instrument signed by the parties to it. 15. Partial Invalidity. The invalidity of any clause, part or provision of this Agreement shall not affect the validity of its remaining portions. 16. Binding on Successors. This Agreement shall bind, and the benefits shall inure to, the respective parties hereto, their legal representatives, executors, administrators, successors in office or interest and assigns, provided that the Recipient may not assign this Agreement, its right to the Funds proceeds or any of its obligations under this Agreement without the prior written approval of the Authority. 573 of 728 8 17. Gender. The use of the plural in this Agreement shall include the singular; the singular shall include the plural; and the use of any gender shall be deemed to include all genders. 18. Captions. The captions used in this Agreement are inserted only as a matter of convenience and for reference and in no way define, limit or describe the scope or the intent of any provision of the Agreement. 19. Notices. Any notice, demand, request or other communication that any party may desire or may be required to give to any other party under this Agreement shall be given in writing, at the addresses set forth below, by any of the following means: (a) personal service; (b) overnight courier; or (c) registered or certified United States mail, postage prepaid, return receipt requested. If to the Authority: Illinois Housing Development Authority 401 North Michigan Avenue, Suite 700 Chicago, Illinois 60611 Attention: Legal Department If to Recipient: City of Evanston 2100 Ridge Evanston, Illinois 60201 Attention: Carl Caneva, Assistant Director, Health Department Such addresses may be changed by notice to the other party given in the same manner as provided in this Paragraph 19. Any notice, demand, request or other communication sent pursuant to subparagraph (a) shall be served and effective upon such personal service. Any notice, demand, request or other communication sent pursuant to subparagraph (b) shall be served and effective one (1) Business Day after deposit with the overnight courier. Any notice, demand, request or other communication sent pursuant to subparagraph (c) shall be served and effective three (3) Business Days after proper deposit with the United States Postal Service. 20. Counterparts. This Agreement may be executed in counterparts, and each counterpart shall, for all purposes for which an original of this Agreement must be produced or exhibited, be the Agreement, but all such counterparts shall constitute one and the same instrument. [REMAINDER OF PAGE INTENTIONALLY BLANK; SIGNATURE PAGE FOLLOWS] 574 of 728 9 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their authorized officers. RECIPIENT: CITY OF EVANSTON, an Illinois unit of local government By: Name: Title: AUTHORITY: ILLINOIS HOUSING DEVELOPMENT AUTHORITY By: Mary R. Kenney, Executive Director Exhibit A: Drug-Free Work Place Certification 575 of 728 10 EXHIBIT A DRUG FREE WORK PLACE CERTIFICATE STATE OF ILLINOIS This certification is required by the Drug Free Workplace Act (30 ILCS 580). The Drug Free Workplace Act, effective January 1, 1992, requires that no Fundee or contractor shall receive a Funds or be considered for the purposes of being awarded a contract for the procurement of any property or services from the State unless that Fundee or contractor has certified to the State that the Fundee 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 Funds payments, termination of the contract or Funds and debarment from contracting or Funds opportunities with the State for at least one (1) year but not more than five (5) years. For the purpose of this certification, "Fundee" or "contractor" means a corporation, partnership, or other entity with twenty-five (25) or more employees at the time of the issuing of the Funds, or a department, division, or other unit thereof, directly responsible for the specific performance under a contract or Funds of $5,000 or more from the State. The contractor/Fundee 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 Fundee's or contractor's workplace; (2) Specifying the actions that will be taken against employees for violations of such prohibition; and (3) Notifying the employees that, as a condition of employment on such contract or Funds, 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 Fundee's or contractor's policy of maintaining a drug free workplace; 576 of 728 11 (3) any available drug counseling, rehabilitation, and employee assistance programs; and (4) the penalties that may be imposed upon an employee for drug violations. (c) Providing a copy of the statement required by paragraph (a) hereof to each employee engaged in the performance of the contract or Funds and posting the statement in a prominent place in the workplace. (d) Notifying the contracting or Funding agency within ten (10) days after receiving notice under subparagraph (3) of paragraph (a) hereof 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, any employee who is so convicted, as required by Section 5 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. THE UNDERSIGNED AFFIRMS, UNDER PENALTIES OF PERJURY, THAT HE OR SHE IS AUTHORIZED TO EXECUTE THIS CERTIFICATION ON BEHALF OF THE DESIGNATED ORGANIZATION. CITY OF EVANSTON, an Illinois unit of local government By: _____________________________ Name: _______________________ Title: _______________________ 577 of 728 For City Council meeting of July 14, 2014 Item H3 Ordinance 26-O-14: Evanston Human Rights Ordinance For Introduction To: Honorable Mayor and Members of the City Council Members of the Human Services Committee From: Wally Bobkiewicz, City Manager Jonathan Williams-Kinsel, ICMA Fellow Subject: Ordinance 26-O-14, Evanston Human Rights Ordinance Date: July 8, 2014 Recommended Action: The Human Services Committee and staff recommend City Council adoption of Ordinance 26-O-14, the “Evanston Human Rights Ordinance,” amending Title 1 of the Evanston City Code codifying an Evanston Human Rights Ordinance, and amending City Code Title 1, Chapter 12 “Fair Employment Practices” and Title 5, Chapter 5 “Fair Housing”. Ordinance 26-O-14 mirrors what is already state law by way of the Illinois Human Rights Act. Summary: The City of Evanston welcomes diversity and believes that all individuals should be treated fairly, and with respect and dignity. By achieving and maintaining a discrimination-free environment, the City of Evanston is able to effectively recruit and train qualified employees and to produce services to the public. Additionally, unlawful discrimination in privately owned and operated public accommodations, employment, and housing causes unjust exclusion of persons resulting in a diminution of their dignity, respect, and status contrary to the public policy of the City and the Constitutional principles upon which the United States was founded. The “Evanston Human Right Ordinance” (26-O-14), will prevent such unlawful discrimination, and promote the general welfare of Evanston residents and visitors alike. On July 28, 1997, the Evanston City Council voted unanimously to pass Ordinance 61- O-97: “Amending Various Sections of the Evanston City Code Prohibiting Discrimination Against Transgender Individuals.” At the time of its passage, Ordinance 61-O-97 defined sexual orientation as “[h]aving or perceived as having emotional, physical, or sexual attachment to another without regard to the sex of that person or having or being perceived as having an orientation for such attachment, or having or being perceived as having a self-image or identity not traditionally associated with one's biological maleness or femaleness.” Ordinance 61-O-97 made the City of Evanston the first city in Illinois to address transgendered individuals in its nondiscrimination policy. Although the City was progressive at the time of this ordinance’s passage, the City Code did not Memorandum 578 of 728 provide further detail regarding the protections afforded to members of various protected classes. Ordinance 26-O-14 creates an Evanston Human Rights Chapter in the Evanston City Code and amends and revises the City’s Fair Employment Practices and Fair Housing Chapters to reflect the City’s continued support to fair treatment of all individuals with respect and dignity in areas including, but not limited to, housing, public accommodation and employment. This Ordinance codifies the addition of gender identity and source of income to Evanston’s list of protected classes in various sections of the City Code. Ordinance 26-O-14 affords victims of discrimination the ability to file a complaint via processes already in place by way of the Illinois Human Rights Act and the Cook County Human Rights Ordinance. Complaints are filed with the Illinois Department of Human Rights and/or the Cook County Commission on Human Rights. In drafting the Evanston Human Rights Ordinance, an in-depth legal analysis was conducted to ensure that the Evanston Human Rights Ordinance is in compliance with applicable County, State and Federal laws. Moreover, City staff reviewed and analyzed various city human rights ordinances throughout the country, including Houston, TX; Tempe, AZ; College Park, MD; and Royal Oaks, MI. Summary of Proposed Changes to the Evanston City Code Title 1 Chapter 20 “Evanston Human Rights Ordinance” The Evanston Human Rights Ordinance is added to Title 1 of the Evanston City Code with the intent that no person be denied enjoyment of his or her civil or political rights and, further, to prohibit the unlawful discrimination against persons because of race, color, national origin, sex, sexual orientation, gender identity, marital status, age, source of income or disability. Chapter 20 prohibits unlawful discrimination in the areas of city employment and public contracts, financial credit transactions, and public accommodations. Additionally, Section 1-20-9 codifies in the Evanston City Code the inclusion of civil rights violations already afforded to individuals under the Cook County Human Rights Ordinance. Said violations include (1) retaliation against any person because that person in good faith opposed what they reasonably believed to be unlawful discrimination; and (2) aiding and abetting a person to commit a violation of the Human Rights Ordinance. Chapter 20 does not add nor detract from any civil or administrative remedies now available to persons complaining of unlawful discrimination. Additionally, the Evanston Human Rights Ordinance does not make it a civil rights violation where individuals are exercising their freedom of speech, expression, religion or religiously based views protected under the First Amendment of the United States Constitution or Article I of the Illinois Constitution. Title 1 Chapter 12 “Fair Employment Practices” The proposed changes to “Fair Employment Practices” expand the protections afforded to City employees, prospective employees, vendors to the City, or for any contractor or subcontractor for the City, by including gender identity and source of income as protected classes. Page 2 of 3 579 of 728 Title 5 Chapter 5 “Fair Housing Ordinance of the City of Evanston” The proposed changes would expand the protections afforded under the “Fair Housing Ordinance” by including gender identity and sources of income as protected classes. Attachments: Ordinance 26-O-14 Page 3 of 3 580 of 728 6/25/2014 4/14/2014 26-O-14 AN ORDINANCE Amending Title 1 of the Evanston City Code Codifying a Human Rights Ordinance, and Associated Amendments to Title 1, Chapter 12 “Fair Employment Practices” and Title 5, Chapter 5 “Fair Housing” NOW BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS THAT: SECTION 1: Legislative Statement. The City of Evanston welcomes diversity and believes that all individuals living in, working for, or visiting the City of Evanston should be treated fairly, and with respect and dignity. The City discourages unlawful discrimination and unequal treatment against individuals on the basis of race, color, religion, national origin, sex, sexual orientation, gender identity, marital status, age, source of income or physical or mental disabilities. The City of Evanston strongly supports the treatment of all individuals with respect and dignity, regardless of an individual’s race, color, religion, national origin, sex, sexual orientation, gender identity, marital status, age, source of income or physical or mental disabilities, including but not limited to the areas of housing, public accommodation and employment. This declaration of public policy is in line with the statutory protections and policy goals of the Illinois Human Rights Act, 775 ILCS 5/et seq., and is intended to secure and guarantee the rights established by Sections 17, 18, and 19 of Article I of the Illinois Constitution of 1970. 581 of 728 26-O-14 Article VII, Section (6)a of the Illinois Constitution of 1970, which states that the “powers and functions of home rule units shall be construed liberally,” was written “with the intention that home rule units be given the broadest powers possible” (Scadron v. City of Des Plaines, 153 Ill.2d 164). Pursuant to 65 ILCS 5/1-2-1, the City may make all rules and regulations to carry into effect the powers granted to the City, such broad and general grant of authority complementing the City’s home rule powers. At meetings held in compliance with the provisions of the Illinois Open Meetings Act (5 ILCS 120/1 et seq.), the City Council considered this Ordinance, heard public comment, and made findings. It is well-settled law in Illinois that the legislative judgment of the City Council must be considered presumptively valid (see Glenview State Bank v. Village of Deerfield, 213 Ill.App.3d 747(1991)) and is not subject to courtroom fact-finding (see National Paint & Coating Ass’n v. City of Chicago, 45 F.3d 1124 (1995)). The City Council finds that achieving and maintaining a discrimination-free environment is necessary to effectively serve the public by enabling the City to recruit and train qualified employees and to procure and provide services to the public. Additionally, unlawful discrimination in privately owned and operated public accommodations, employment, and housing causes the unjust exclusion of persons, and results in a diminution of their dignity, respect, and status contrary to the public policy of the City and the Constitutional principles upon which the United States was founded. This Ordinance will prevent such unlawful discrimination, and promote the general welfare of City of Evanston residents and visitors alike. SECTION 2: Title 1 of the Evanston City Code of 2012, is hereby amended to add Chapter 20 which shall read as follows: 582 of 728 26-O-14 CHAPTER 20 – EVANSTON HUMAN RIGHTS ORDINANCE 1-20-1: SHORT TITLE: This Chapter shall be known and may be cited as the EVANSTON HUMAN RIGHTS ORDINANCE. 1-20-2: PURPOSE: It is the intent of the City of Evanston that no person be denied equal protection of the laws, nor shall any person be denied enjoyment of his or her civil or political rights or be unlawfully discriminated against because of race, color, religion, national origin, sex, sexual orientation, gender identity, marital status, age, source of income or physical or mental disabilities. 1-20-3: CONSTRUCTION: This Chapter shall be construed according to the fair import of its terms and shall be liberally construed to further the purposes and policy stated in this Section and the special purpose of the particular provision involved. 1-20-4: SEVERABILITY: If any provision of this Chapter or the application thereof to any person or circumstances is held invalid, the remainder of this Chapter and the application of the provision to other persons not similarly situated or to other circumstances shall not be affected thereby. 1-20-5: DEFINITIONS: For the purposes of this Chapter, the following terms shall have the following meanings: AGE Limited to any individual who is at least forty (40) years of age but less than sixty- five (65) years of age. COMMISSION The Cook County Commission on Human Rights. DEPARTMENT The Illinois Department of Human Rights. DISABILITY With respect to a person: (A) A physical or mental impairment which substantially limits one or more of such person's major life activities; (B) A record of having such an impairment; or (C) Being regarded as having such an 583 of 728 26-O-14 impairment, but such term does not include current, illegal use of or addiction to a controlled substance (as defined in section 102 of the Controlled Substances Act 21 U.S.C. 802). EMPLOYEE An individual who is engaged to work in the City of Evanston for or under the direction and control of another for monetary or other valuable consideration. FAMILIAL STATUS Refers to whether a household includes one or more individuals (who have not attained the age of 18 years) domiciled with: (A) A parent or another person having legal custody of such individual or individuals; or (B) The designee of such parent or other person having such custody, with the written permission of such parent or other person. The protection afforded against unlawful discrimination on the basis of familial status shall apply to any person who is pregnant or is in the process of securing legal custody of any individual who has not attained the age of eighteen (18) years. FINANCIAL INSTITUTION Any bank, credit union, insurance company, mortgage banking company or savings and loan association which operates or has a place of business in this City. GENDER IDENTITY A person’s actual or perceived gender, including a person’s gender identity, self - image, appearance, expression, or behavior, whether or not that gender identity, self-image, appearance, expression, or behavior is different from that traditionally associated with the person’s sex at birth. LOAN Includes, but is not limited to, the providing of funds, for consideration, which are sought for: (A) The purpose of purchasing, constructing, improving, repairing, 584 of 728 26-O-14 or maintaining a housing accommodation; or (B) Any commercial or industrial purposes. MARITAL STATUS The legal status of being single, married, divorced, separated, or widowed. NATIONAL ORIGIN The place in which a person or one of his or her ancestors was born. OPERATOR Any owner, lessee, proprietor, manager, superintendent, agent, or occupant of a place of public accommodation, or an employee of any such person or persons. PUBLIC ACCOMODATION A place of business with a physical location within the City of Evanston, including, but not limited to: (A) An inn, hotel, motel, or other place of lodging, except for an establishment located within a building that contains not more than 5 units for rent or hire and that is actually occupied by the proprietor of such establishment as the residence of such proprietor; (B) A restaurant or other establishment serving food or drink; (C) A motion picture house, theater, concert hall, stadium, or other place of exhibition or entertainment; (D) An auditorium, convention center, lecture hall, or other place of public gathering; (E) A bakery, grocery store, clothing store, hardware store, shopping center, or other sales or rental establishment; (F) A laundromat, dry-cleaner, bank, barber shop, beauty shop, travel service, shoe repair service, funeral parlor, gas station, office of an accountant or lawyer, pharmacy, insurance office, professional office of a health care provider, hospital, or other service establishment; (G) Public conveyances on air, water, or land; (H) A terminal, depot, or other station 585 of 728 26-O-14 used for specified public transportation; (I) A museum, library, gallery, or other place of public display or collection; (J) A park, zoo, amusement park, or other place of recreation; (K) A non-sectarian nursery, day care center, elementary, secondary, undergraduate, or postgraduate school, or other place of education; (L) A senior citizen center, homeless shelter, food bank, non-sectarian adoption agency, or other social service center establishment; (M)A gymnasium, health spa, golf course, or other place of exercise or recreation. SEX The biological differences between men and women, and gender. SEXUAL ORIENTATION Having or perceived as having emotional, physical, or sexual attachment to another without regard to the sex of that person or having or being perceived as having an orientation for such an attachment, or having or being perceived as having a self - image or identity not traditionally associated with one's biological maleness or femaleness. "Sexual orientation" does not include a physical or sexual attachment to children by an adult. SOURCE OF INCOME The lawful manner by which an individual supports himself or herself, and his or her dependents. UNLAWFUL DISCRIMINATION Discrimination against a person because of his or her race, color, religion, national origin, ancestry, age, sex, marital status, disability, sexual orientation, gender identity, source of income, as those terms are defined in this Section. VARYING TERMS Including, but not limited to, the following practices: (A) Requiring a greater down payment than is usual for the particular type of loan involved; (B) Requiring a shorter period of amortization than is usual for the 586 of 728 26-O-14 particular type of loan involved; (C) Charging a higher interest rate than is usual for the particular type of loan involved; (D) An under appraisal of real estate or other item of property offered as security. 1-20-6: PROHIBITION AGAINST UNLAWFUL DISCRIMINATION IN CITY EMPLOYMENT AND PUBLIC CONTRACTS: It is the policy of the City that the City will not unlawfully discriminate in City employment, employment opportunities, and awarding public contracts on the basis of any protected characteristic. Provisions related to the prohibition against unlawful discrimination in city employment and awarding of public contracts shall be those as established and revised by the Fair Employment Practices of the City of Evanston, City Code Section 1-12-1 et seq., and any other applicable provisions of the City Code. 1-20-7: FINANCIAL CREDIT TRANSACTIONS: (A) Prohibition. It shall be a civil rights violation for any financial institution to unlawfully discriminate by engaging in the following actions: 1. Denial of Services. Deny any person any of the services normally offered by such an institution; 2. Modification of Services. Provide any person with any service which is different from, or provided in a different manner than, that which is provided to a person similarly situated. 3. Loan Terms. Unfairly deny or vary the terms of a loan. 4. Property Location. Unfairly deny or vary the terms of a loan on the basis that a specific parcel of real estate offered as security is located in a specific geographical area. 5. Consideration of Income. Unfairly deny or vary the terms of a loan without having considered all of the regular and dependable income of each person who would be liable for repayment of the loan. 6. Lending Standards. Utilize lending standards that have no economic basis and which constitute unlawful discrimination. (B) Prohibition. It shall be a civil rights violation for a person who offers credit cards to the public in this City to engage in the following actions: 1. Credit Cards. To refuse to issue a credit card, upon proper application, on the basis of unlawful discrimination; 587 of 728 26-O-14 2. Reasons for Rejection. To fail to inform an applicant for a credit card, upon request, of the reason that his or her application for a credit has been rejected. (C) Exemptions. Nothing in this Section shall prohibit: 1. Sound Underwriting Practices. A financial institution from considering sound underwriting practices in contemplation of any loan to any person. Such practices shall include: a. The willingness and the financial ability of the borrower to repay the loan; b. The market value of any real estate or other item of property proposed as security for any loan; and c. Diversification of the financial institution’s investment portfolio. 2. Credit-Worthiness Information; Credit Systems. A financial institution or a person who offers credit cards from: a. Making an inquiry of the applicant’s age, permanent residence, immigration status, or any additional information if such inquiry is for the purpose of determining the amount and probable continuance of income levels, credit history, or other pertinent element of credit-worthiness as provided in regulations of the Department; b. Using any empirically derived credit system which considers age if such system is demonstrably and statistically sound in accordance with regulations of the Department, except that in the operation of such system the age of an applicant over the age of 62 years may not be assigned a negative factor or value. 3. Special Credit Programs. A financial institution from refusing to extend credit when required to, by or pursuant to any: a. Credit assistance program expressly authorized by law for an economically disadvantaged class or persons; b. Credit assistance program administered by a nonprofit organization for its members of an economically disadvantaged class of persons; c. Special purpose credit program offered by a profit-making organization to meet special social needs which meets standards prescribed by the Department in its regulations. (D) Investigations of Alleged Violations: Any person claiming to be aggrieved by an unlawful credit transaction practice may file a claim with the Department or Commission to initiate the investigation of the complaint. Enforcement of 588 of 728 26-O-14 unlawful discrimination in any aspect of a credit transaction shall be as established and revised by the Illinois Human Rights Act or the Cook County Human Rights Ordinance, as amended. (E) Private Remedies: Any person aggrieved by a violation of this Section who has exhausted the remedies provided in the Illinois Human Rights Act or the Cook County Human Rights Ordinance, may apply to any court of competent jurisdiction for appropriate relief. 1-20-8: PUBLIC ACCOMODATIONS: (A) It is a civil rights violation for any person on the basis of unlawful discrimination to: 1. Enjoyment of Facilities, Goods, and Services. Deny or refuse to another the full and equal enjoyment of the facilities, goods, and services of any public place of accommodation; 2. Written Communication. Directly or indirectly, as the operator of a place of public accommodation, publish, circulate, display or mail any written communication, except a private communication sent in response to a specific inquiry, which the operator knows is to the effect that any of the facilities of the place of public accommodation will be denied to any person or that any person is unwelcome, objectionable or unacceptable because of unlawful discrimination; 3. Public Officials. Deny or refuse to another, as a public official, the full and equal enjoyment of the accommodations, advantage, facilities or privileges of the official’s office or services or of any property under the official’s care because of unlawful discrimination. (B) Investigations of Alleged Violations: Any person claiming to be aggrieved by an unlawful public accommodation practice may file a claim with the Department or Commission to initiate an investigation of the complaint. Enforcement of unlawful discrimination in any aspect of a public accommodation shall be as established and revised by the Illinois Human Rights Act or the Cook County Human Rights Ordinance, as amended. (C) Private Remedies: Any person aggrieved by a violation of this Section who has exhausted the remedies provided in the Illinois Human Rights Act or Cook County Human Rights Ordinance, may apply to any court of competent jurisdiction for appropriate relief. 1-20-9: ADDITIONAL CIVIL RIGHTS VIOLATIONS: (A) Retaliation. No person shall retaliate against any person because that person in good faith has opposed that which he or she reasonably believed to be unlawful 589 of 728 26-O-14 discrimination, sexual harassment, or other violation of this Chapter or has made a complaint, testified, assisted, or participated in an investigation, proceeding, or hearing under this Chapter. (B) Aiding and Abetting. No person shall aid, abet, compel, or coerce a person to commit a violation under this Chapter. (C) Investigations of Alleged Violations: Any person claiming to be aggrieved by a prohibited act under Section 1-20-9(A) or 1-20-9(B) may file a claim with the Commission to initiate the investigation of the complaint. Enforcement of this Section’s additional civil rights shall be as established and revised by the Cook County Human Rights Ordinance, as amended. (D) Private Remedies: Any person aggrieved by a violation of this Section who has exhausted the remedies provided in the Cook County Human Rights Ordinance, may apply to any court of competent jurisdiction for appropriate relief. 1-20-10: EFFECT ON PROVISIONS ON CIVIL REMEDIES: This Chapter shall neither add nor detract from any civil or administrative remedies now available to persons complaining of unlawful discrimination under this Chapter. 1-20-11: NO CIVIL RIGHTS VIOLATION: (A) It is not a civil rights violation for a medical, dental, or other health care professional, or a private professional service provider such as a lawyer, accountant, or insurance agent to refer or refuse to treat or provide services to an individual in a protected class for any nondiscriminatory reason if, in the normal course of his or her operations or business, the professional would for the same reason refer or refuse to treat or provide services to an individual who is not in the required protected class of the individual who seeks or requires the same or similar treatment or services. (B) With respect to a place of public accommodation defined in City Code Section 1- 20-5, the exercise of free speech, free expression, free exercise of religion, or expression of religiously based views by any individual or group of individuals that is protected under the First Amendment of the United States Constitution or under Section 3 of Article I, or Section 4 of Article I, of the Illinois Constitution, shall not be a civil rights violation. SECTION 3: The Fair Employment Practices Ordinance of the City of Evanston, Illinois, Section 1-12-2 of the Evanston City Code of 2012, as amended, is hereby further amended to read as follows: 590 of 728 26-O-14 1-12-2: PURPOSE AND DECLARATION OF POLICY: It is hereby declared to be the purpose of this Chapter and the policy of the City in the exercise of its police and regulatory powers for the protection of the public safety, for the health, morals, safety and welfare of the persons in and residing in the City and for maintenance and promotion of commerce, industry and good government in the City, to secure to all persons working or desiring to work for the City or for any vendor to the City or for any contractor or subcontractor of the City, an equal opportunity to secure employment or to enjoy the benefits of employment without discrimination based on race, color, religion, national origin, sex, sexual orientation (as defined in Section 5-5-6 1-12-3 of this Code), gender identity (as defined in Section 1-12-3 of this Code), marital status, age, source of income (as defined in Section 1-12-3 of this Code), or physical or mental disabilities that do not impair the ability to work. This Chapter applies to discriminatory employment practices by the City or by any vendor to the City or by any contractor or subcontractor of the City, and shall be construed according to the fair import of its terms and shall be liberally construed to further the purposes and policy stated in this Section and the special purpose of the particular provision involved. SECTION 4: Section 1-12-3 of the Evanston City Code of 2012, as amended, is hereby amended to include the following: GENDER IDENTITY A person’s actual or perceived gender, including a person’s gender identity, self-image, appearance, expression, or behavior, whether or not that gender identity, self-image, appearance, expression, or behavior is different from that traditionally associated with the person’s sex at birth as being either female or male. SOURCE OF INCOME The lawful manner by which an individual supports himself or herself and his or her dependents. SECTON 5: Section 1-12-5(A) of the Evanston City Code of 2012, as amended, is hereby amended to read as follows: (A) That it will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, marital status, national origin or ancestry, or age, source of income, or physical or mental disabilities that do not impair ability to work, and further that it will examine all job classifications to determine if minority persons or women are underutilized and will take appropriate affirmative action to rectify any such underutilization. 591 of 728 26-O-14 SECTION 6: Section 1-12-5(C) of the Evanston City Code of 2012, as amended, is hereby amended to read as follows: (C) That, in all solicitations or advertisements for employees placed by it or on its behalf, it will state that all applicants will be afforded equal opportunity without discrimination because of race, color, religion, sex, sexual orientation, gender identity, marital status, national origin, ancestry, source of income, or disability. SECTION 7: The Fair Housing Ordinance of the City of Evanston, Section 5-5-2 of the Evanston City Code of 2012, as amended, is hereby further amended and revised to read as follows: 5-5-2: PURPOSE AND DECLARATION OF POLICY: It is hereby declared to be the policy of the City and the purpose of this Chapter, in the exercise of its police and regulatory powers for the protection of the public safety for the health, morals, safety and welfare of the persons in and residing in the City, and for the maintenance and promotion of commerce, industry, and good government in the City, and to promote and protect fair housing opportunities throughout the City and to acknowledge the value of diversity within our community, to secure to all persons living and/or working, or desiring to live and/or work in the City of Evanston, an equal opportunity to view, purchase, lease, rent, or occupy real estate without discrimination based on race, color, religion, sex, age, sexual orientation, gender identity, marital status, disability, source of income, familial status, or national origin of any individual. SECTION 8: Section 5-5-5 of the Evanston City Code of 2012, as amended, is hereby further amended and revised to include the following: DISCRIMINATION. To make distinction in treatment of any person because of race, color, religion, sex, age, sexual orientation, gender identity, marital status, disability, source of income, familial status or national origin of an individual. STEERING. To encourage or discourage the sale or rental of real property because of the race, color, religion, sex, age, sexual orientation, gender identity, marital status, disability, source of income, familial status or national origin of the individual and/or persons in the neighborhood in which the property is located. This shall include, but is not limited to, directing persons into or away from areas because of race, color, religion, sex, age, sexual orientation, gender identity, marital status, disability, source of income, familial status or national origin of the individual and/or persons in the area or purported to be moving into the area. 592 of 728 26-O-14 SOURCE OF INCOME The lawful manner by which an individual supports himself or herself and his or her dependents. SECTION 9: Section 5-5-6 of the Evanston City Code of 2012, as amended, is hereby further amended and revised to read as follows: 5-5-6: DISCRIMINATION PROHIBITED: No person, including, but not limited to, any owner, manager, lessee or sublessee of real property, real estate broker, lender, financial institution, advertiser, real estate appraiser or agent of any of the foregoing, shall discriminate against any other person (or discriminate against such person because of the race, color, religion, sex, age, sexual orientation, gender identity, marital status, disability, source of income, familial status or national origin of the friends or associates of such person) in regard to the sale or rental of or dealings concerning real property. "Sexual orientation" is defined as: having or perceived as having emotional, physical, or sexual attachment to another without regard to the sex of that person or having or being perceived as having an orientation for such an attachment, or having or being perceived as having a self-image or identity not traditionally associated with one's biological maleness or femaleness. "Sexual orientation" does not include a physical or sexual attachment to children by an adult. “Gender identity” is defined as: a person’s actual or perceived gender, including a person’s gender identity, self-image, appearance, expression, or behavior, whether or not that gender identity, self-image, appearance, expression, or behavior is different from that traditionally associated with the person’s sex at birth as being either female or male. Any such discrimination shall be unlawful. Without limiting the foregoing, it shall also be unlawful discrimination for any person to: (A) Policies And Publicity. Advertise, publish, display, or circulate or cause to be published, displayed, advertised or circulated, either in writing or orally, any notice, statement, communication, sign or advertisement, or to announce a policy, or to use any form of application for the purchase, lease, rental, or financing of real property, or to make any record or inquiry in connection with the prospective purchase, rental or lease of real property, which expresses directly or indirectly any discrimination, or any intent to discriminate. (B) Deceive Or Overcharge. Discriminate by deceiving or overcharging any person for real property in the City, or to making any distinction or restriction against any person as to the conditions or privileges of any kind relating to the sale, rental, lease, or occupancy of real property. (C) Discriminate In Lending. (See Section 5-5-8 of this Chapter) Discriminate or to participate in discrimination in connection with borrowing or lending money, guaranteeing loans, accepting mortgages, the making or purchasing of loans or the provision of other financial assistance secured by residential real estate, or otherwise obtaining or making available funds for the purchase, acquisition, 593 of 728 26-O-14 construction, rehabilitation, repairs or maintenance of any real property in the City. (D) Change In Neighborhood: Solicit or to enter into any agreement for the sale, lease or listing for sale or lease of any real property within the City (on the ground of loss of value) due to the present or prospective entry into any neighborhood of any person or persons of any particular race, color, religion, sex, age, sexual orientation, gender identity, marital status, disability, source of income, familial status or national origin. (E) Inducing Sales. Distribute or cause to be distributed written material or statements designed to induce any person to sell or lease real property because of the alleged or actual or because of any present or prospective change in the race, color, religion, sex, age, sexual orientation, gender identity, marital status, disability, source of income, familial status or national origin of persons in the City or neighborhood. (F) Misrepresentation. Make any misrepresentations concerning the listing for sale or the anticipated listing for sale or the sale of any real property for the purpose of inducing or attempting to induce the sale or listing for sale of any real property by representing that the presence or anticipated presence of persons of any particular race, color, religion, sex, age, sexual orientation, gender identity, marital status, disability, source of income, familial status or national origin in the area will or may result in the lowering of real property values in the block, neighborhood or area in which the property is located. (G) Refusal to Sell. Refuse to sell or rent real property because of race, color, religion, sex, age, sexual orientation, gender identity, marital status, disability, source of income, familial status or national origin. (H) Refusal to Show Records of Available Housing. Refuse to show to any person who has specified his/her needs, the list or other records identifying all real properties reasonably meeting such specifications. (I) Withholding Housing. Represent to any person that any real property is not available, or otherwise to withhold real property from any person because of race, color, religion, sex, age, sexual orientation, gender identity, marital status, disability, source of income, familial status or national origin. (J) Refusal to Show Real Estate. Refuse to show real estate because of the race, color, religion, sex, age, sexual orientation, gender identity, marital status, disability, source of income, familial status or national origin of any prospective purchaser, lessee or tenant, or because of the race, color, religion, sex, age, sexual orientation, gender identity, marital status, disability, source of income, familial status or national origin of the residents in the area in which the property is located. 594 of 728 26-O-14 (K) Steering. Encourage or discourage the sale or rental of real property because of the race, color, religion, sex, age, sexual orientation, gender identity, marital status, disability, source of income, familial status or national origin of the individual and/or persons in the neighborhood in which the property is located. This shall include but is not limited to directing persons into or away from areas because of race, color, religion, sex, age, sexual orientation, gender identity, marital status, disability, source of income, familial status or national origin of the individual and/or persons in the area or purported to be moving into the area. (L) Differential Treatment. Make any differential treatment toward any prospective seller, purchaser, or tenant because of that person's race, color, religion, sex, age, sexual orientation, gender identity, marital status, disability, source of income, familial status or national origin, or toward any prospective seller, purchaser, or tenant because of the race, color, religion, sex, age, sexual orientation, gender identity, marital status, disability, source of income, familial status or national origin of the persons in the area in which that property is located. (M) Evasion. Employ any person as a salesman or agent as a means of evading provisions of this Chapter. (N) Providing Information. Volunteer oral or written information about the racial composition of a neighborhood unless such information is a factual, accurate and actual response to an unsolicited direct question. (O) Posting and Distributing. Fail to post in a prominent place available for observation by the public in each business establishment of a person in the business of purchasing, selling, exchanging or leasing real property, a copy of this Chapter, or a poster provided by the Commission summarizing this Chapter; and/or fail to distribute to any prospective seller, purchaser or tenant a summary of the ordinance provided by the Commission. (P) Rental Application. Discriminate by denying, or unreasonably delaying the processing of, a lease or rental application of a person, discriminate in the fixing of the fee or length of processing time, or other terms and conditions of such application process. (Q) Insurance. Discriminate in the sale of insurance in connection with real estate. (R) Redlining. To discriminate by differential treatment of a geographic area in the setting of insurance rates or appraised valuations or the availability of financing of property, based on the race, color, religion, sex, age, sexual orientation, gender identity, marital status, disability, source of income, familial status or national origin of persons in the area or purported to be moving into the area. 595 of 728 26-O-14 (S) Listing Agreement and Multiple Listing Service. 1. Entering into a listing agreement which discriminates against any person due to their race, color, religion, sex, age, sexual orientation, gender identity, marital status, disability, source of income, familial status, or national origin. 2. Deny a person access to, or membership or participation in any multiple listing service, real estate broker's organization or facility relating to the business of selling or renting dwellings, or to discriminate against him/her in the terms or conditions of such access, membership, or participation, on account of race, color, religion, sex, age, sexual orientation, gender identity, marital status, disability, source of income, familial status or national origin. (T) Aid or Abet. Discriminating by aiding or abetting acts performed in violation of this Chapter. (U) Coercion. Coercion, intimidation, threatening or interference with any person in the exercise or enjoyment of, or on account of his/her having exercised or enjoyed, or on account of his/her having aided or encouraged any other person in the exercise or enjoyment of, any right granted or protected by this Chapter. (V) Discrimination Due to a Disability. 1. To discriminate because of a disability of: a. That person; b. A person residing in or intending to reside in that dwelling after it is sold, rented or made available; or c. Any person associated with that disability. 2. For purposes of this subsection, discrimination includes: a. A refusal to permit, at the expense of the disabled person, reasonable modifications of an existing dwelling unit occupied or to be occupied by such person if such modifications may be necessary to afford such person full enjoyment of the premises; except that, in the case of a rental, the landlord may, where it is reasonable to do so, condition permission for a modification on the renter agreeing to restore the interior of the premises to the condition that existed before the modification, reasonable wear and tear excepted; a person with disabilities may make reasonable modification as provided in this Section of the Fair Housing 596 of 728 26-O-14 Ordinance to the interior or exterior public and common use areas of a building as well as to his/her individual dwelling unit. b. A refusal to make reasonable accommodations in rules, policies, practices or services, when such accommodations may be necessary to afford such person equal opportunity to use and enjoy a dwelling; or c. In connection with the design and construction of covered multi- family dwellings for first occupancy a failure to design and construct those dwellings in such a manner that: (1) The public use and common use portions of such dwellings are readily accessible to and usable by disabled persons; (2) All the doors designed to allow passage into and within all premises within such dwellings are sufficiently wide to allow passage by disabled persons in wheelchairs; and (3) All premises within such dwellings contain the following features of adaptive design: A. An accessible route into and through the dwelling; B. Light switches, electrical outlets, thermostats and other environmental controls in accessible locations; C. Reinforcements in bathroom walls to allow later installation of grab bars; and D. Usable kitchens and bathrooms such that an individual in a wheelchair can maneuver about the space. 3. Compliance with the appropriate requirements of the American National Standard for buildings and facilities providing accessibility and usability for physically disabled people (commonly cited as ANSI A117.1) suffice to satisfy the requirements of this paragraph. SECTION 10: Section 5-5-8 of the Evanston City Code of 2012, as amended, is hereby further amended and revised to read as follows: 5-5-8: DISCRIMINATION IN LENDING: 597 of 728 26-O-14 It shall be unlawful and a violation of this Chapter for any lending institution to discriminate in making, agreeing to make, arranging, or negotiating any loan or guarantee of funds for the purpose of financing the purchase or sale, construction, lease, rehabilitation, improvement, renovation, or repair of any real property, or to offer, seek or agree to terms, conditions or privileges that discriminate on account of race, color, religion, sex, age, sexual orientation, gender identity, marital status, disability, source of income, familial status or national origin. (See Subsection 6(C) of this Chapter.) SECTION 11: Section 5-5-9 of the Evanston City Code of 2012, as amended, is hereby further amended and revised to read as follows: 5-5-9: REFUSALS TO DEAL IN LENDING: It shall be unlawful and a violation of this Chapter for any lending institution to refuse to negotiate for, enter into, or perform any agreement to lend or guarantee the loan of funds for the purchase, sale, construction, lease, rehabilitation, improvemen t, renovation, or repair of any real property because of discrimination on account of race, color, religion, sex, age, sexual orientation, gender identity, marital status, disability, source of income, familial status or national origin. SECTION 12: Section 5-5-10 of the Evanston City Code of 2012, as amended, is hereby further amended and revised to read as follows: 5-5-10: COVERAGE: This Chapter shall apply, respectively, to every person, including, but not limited to, every owner, lending institution, real estate broker and manager who, within the City, performs any function relating to or in connection with a real estate transaction, whether or not such person maintains an office or place of doing business within the City; provided, however, that the provisions of this Chapter shall not be so construed as to prohibit a person on behalf of the owner from inquiring into and reporting upon the qualifications of any prospective buyer or tenant with respect to limitations or exclusions other than those of race, color, religion, sex, age, sexual orientation, gender identity, marital status, disability, source of income, familial status or national origin. SECTION 13: All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 14: If any provision of this ordinance or application thereof to any person or circumstance is ruled unconstitutional or otherwise invalid, such invalidity 598 of 728 26-O-14 shall not affect other provisions or applications of this ordinance that can be given effec t without the invalid application or provision, and each invalid provision or invalid application of this ordinance is severable. SECTION 15: The findings and recitals herein are declared to be prima facie evidence of the law of the City and shall be received in evidence as provided by the Illinois Compiled Statutes and the courts of the State of Illinois. SECTION 16: That this Ordinance 26-O-14 shall be in full force and effect from and after its passage, approval, and publication in the manner provided by law. Introduced:_________________, 2014 Adopted:___________________, 2014 Approved: _________________________, 2014 ______________________________ Elizabeth B. Tisdahl, Mayor Attest: _______________________________ Rodney Greene, City Clerk Approved as to form: ______________________________ W. Grant Farrar, Corporation Counsel 599 of 728 For City Council meeting of July 14, 2014 Item H4 Resolution 49-R-14: Piven Theatre Workshop Lease Agreement For Action To: Honorable Mayor and Members of the City Council From: Joe McRae, Director of Parks, Recreation and Community Services Christina Ferraro, Assistant Director of Community Services Subject: Resolution 49-R-14, Piven Theatre Workshop Lease Agreement Date: July 8, 2014 Recommended Action: City staff recommends City Council adoption of Resolution 49-R-14 authorizing the City Manager to enter into lease agreement with Piven Theatre Workshop (“Piven Theatre”) for a 12-month term to lease certain space at the Noyes Cultural Arts Center (NCAC). Funding Source: Revenues are deposited into the Noyes Cultural Arts Business Unit 3710. Summary: The attached lease agreement is a one-year agreement for the lease of certain spaces within the NCAC, including the theater space (which is Room 102 and includes the Room 102 washroom), Room 103 (which includes the Room 103 washroom), Room 105 and Room 110 (which includes the Room 110 storage area). On August 12, 2013, in recognition of Piven’s time and financial efforts to redevelop and expand their footprint within the NCAC in 2012 and 2013, the City Council approved waiving the first three quarters of the 2013 fiscal year rent for Piven. The City shall collect the remaining quarter, $14,794.11 on or before August 1, 2014. The parties have agreed to reduce the rent rate to address maintenance expenses during the period of January 1st – April 30, 2014, for a monthly rent of $1,178.00 for a total adjusted rent for the portion of the Term of $4,712, which will also be paid in a lump sum on or before August 1, 2014. Starting on May 1, 2014, the rent rate was increased by 3% to annual rate of $60,910.08 ($5,075.84 per month) and that elevated rate will continue through the end of the term (December 31, 2014). Attachments: Resolution 49-R-14 Exhibit 1 – Lease Agreement Memorandum 600 of 728 6/24/2014 49-R-14 A RESOLUTION Authorizing the City Manager to Execute a Lease Agreement with Piven Theatre Workshop for Studio and Theater Space at the Noyes Cultural Arts Center WHEREAS, the City of Evanston (“City”) owns certain real property, including the property commonly known as the Noyes Cultural Arts Center (“NCAC”) at 927 Noyes Street, Evanston, Illinois; and WHEREAS, the City leases space in the NCAC to resident artists and groups including Piven Theatre Workshop (“Piven”), an Illinois non-for-profit corporation; and WHEREAS, the City and Piven desire to enter into a one-year lease agreement; and WHEREAS, the City Council finds it to be in the best interest of the City to continue to lease NCAC theater and studio space to Piven, and to negotiate and execute a lease agreement with Piven, NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS: SECTION 1: The City Manager is hereby authorized and directed to execute a one-year lease agreement (January 1, 2014 – December 31, 2014) (the “Lease”) by and between the City of Evanston and Piven Theatre Workshop, an Illinois not-for-profit corporation, which is attached hereto as Exhibit “1” and incorporated herein by reference. 601 of 728 49-R-14 SECTION 2: The City Manager is hereby authorized and directed to negotiate any additional conditions of the Lease as he may determine to be in the best interests of the City. SECTION 3: This Resolution 49-R-14 shall be in full force and effect from and after its passage and approval in the manner provided by law. _______________________________ Elizabeth B. Tisdahl, Mayor Attest: ______________________________ Rodney Greene, City Clerk Adopted: __________________, 2014 602 of 728 49-R-14 EXHIBIT 1 LEASE AGREEMENT 603 of 728 LEASE AGREEMENT FOR THE PREMISES LOCATED AT 927 NOYES STREET, EVANSTON, ILLINOIS, BY AND BETWEEN THE CITY OF EVANSTON, LANDLORD AND THE PIVEN THEATRE WORKSHOP, TENANT 604 of 728 INDEX Section Title Page Number 1 SECTION 1. DESCRIPTION OF PREMISES ......................................................................... 2 SECTION 2. TERM ................................................................................................................ 2 SECTION 3. RENT ................................................................................................................. 2 SECTION 4. COMMON FACILITIES ...................................................................................... 3 SECTION 5. USE OF PREMISES .......................................................................................... 5 SECTION 6. SIGNS ............................................................................................................... 8 SECTION 7. DEFECTS; DEFECTIVE CONDITION; WIND; ACTS OF THIRD PERSONS ......................................................................................................... 8 SECTION 8. CASUALTY DAMAGE; REPAIRS; ABATEMENT OF RENT ............................ 8 SECTION 9. REPAIRS AND MAINTENANCE ....................................................................... 9 SECTION 10. UTILITIES .......................................................................................................... 9 SECTION 11. TAXES ..............................................................................................................10 SECTION 12. INSURANCE ....................................................................................................10 SECTION 13. SUBLETTING; ASSIGNMENT .........................................................................11 SECTION 14. SURRENDER OF PREMISES; HOLDING OVER .............................................11 SECTION 15. INDEMNIFICATION AND LIENS ......................................................................11 SECTION 16. LANDLORD’S RIGHT OF INSPECTION AND REPAIRS .................................12 SECTION 17. DEFAULT AND REMEDIES .............................................................................12 SECTION 18. TENANT OBLIGATIONS TO COMMUNITY AND ASSOCIATION ...................14 SECTION 19. REMOVAL OF OTHER LIENS .........................................................................15 SECTION 20. REMEDIES NOT EXCLUSIVE ..........................................................................15 SECTION 21. EXPENSES OF ENFORCEMENT ....................................................................16 SECTION 22. EMINENT DOMAIN ..........................................................................................16 SECTION 23. GOVERNMENTAL INTERFERENCE WITH POSSESSION .............................16 SECTION 24. PEACEFUL ENJOYMENT ...............................................................................17 SECTION 25. EFFECT OF WAIVER OF BREACH OF COVENANTS ....................................17 SECTION 26. AMENDMENTS TO BE IN WRITING ................................................................17 SECTION 27. PARTIES BOUND ............................................................................................17 SECTION 28. NOTICES ..........................................................................................................17 SECTION 29. MISCELLANEOUS ...........................................................................................18 SECTION 30. VENUE AND JURISDICTION ...........................................................................18 SECTION 31. FORCE MAJEURE ...........................................................................................18 605 of 728 This Lease Agreement (the “Agreement” or “Lease”) is executed this ___ day of ________, 2014 (the “Effective Date”) by and between The City of Evanston, an Illinois home rule municipality (“Landlord”), whose main business office is located at 2100 Ridge Avenue, Evanston, Cook County, Illinois, and Piven Theatre Workshop, an Illinois not-for-profit corporation (“Tenant”). Landlord and Tenant may be referred to collectively as the “Parties”. SECTION 1. DESCRIPTION OF PREMISES Landlord leases to Tenant the theatre space (which is Room 102 and includes the Room 102 washroom), Room 103 (which includes the Room 103 washroom), Room 105 and Room 110 (which includes the Room 110 storage area), all located on the first floor of the property with a street address of 927 Noyes Street, Evanston, Illinois 60201 (the “Premises”), situated within the Landlord’s 3-story building located at the same common address and legally described on Exhibit A (the “Property”) and commonly known as the Noyes Cultural Arts Center (“NCAC”). The Premises is depicted on Exhibit B attached hereto. The Property has various uses including artist workshops, resident young adult summer camp classes, art exhibits, and many other uses. The term “Common Facilities” as used in this Agreement will include those areas and facilities within the Property (outside of the Premises) for the nonexclusive use of Tenant in common with other authorized users, and includes, but is not limited to, sidewalks, parking area, planted areas (excluding the adjoining park area), common area restrooms and open means of ingress and egress. Tenant will have the non- exclusive right to use the Common Facilities, including the washrooms referenced above. SECTION 2. TERM The term of this Agreement will be for one year, January 1, 2014 – December 31, 2014 (the “Term”). Tenant must provide Landlord with 120 days’ notice if they choose to renew the Agreement for the Premises. Renewal of the Agreement must be authorized by written consent of the Parties and authorized by the City Council. SECTION 3. RENT A. RATE: Tenant agrees to pay Landlord an annual rental payment (the “Rent”) in accordance with the following schedule: 1. For the period of January 1st – April 30th (four months), the Rent rate is $4,928.00 (Four Thousand Nine Hundred Twenty-Eight and 3700/100 Dollars) per month, for total Rent of $19,712.00 (Nineteen Thousand Seven Hundred Twelve and 00/100 Dollars) for the four months. The parties have agreed to reduce the Rent rate to address maintenance expenses for a monthly rent of $1,178.00 (One Thousand One Hundred Seventy-Eight and 00/100 Dollars) for a total adjusted Rent for this portion of the Term of $4,712.00 (Four Thousand Seven Hundred Twelve and 00/100 Dollars), which will be paid in a lump sum on or before August 1, 2014. 2. For the remainder of the Term, May 1st – December 31st (eight months), the annual Rent rate is increased by 3% to $60,910.08 (Sixty Thousand Nine Hundred Ten and 08/100 Dollars), for total Rent of $40,606.72 (Forty Thousand Six Hundred Six and 72/100 Dollars) for the final eight months, which will be paid in part (May 1st – August 30th rent) in a lump sum of $20,303.36 (Twenty Thousand Three Hundred Three 606 of 728 3 and 36/100 Dollars) on or before August 1, 2014 and the four (4) remaining monthly payments of $5,075.84 (Five Thousand Seventy-Five and 84/100 Dollars) will be due on or before the first of every month, commencing on September 1, 2014. B. PAYMENTS. The Rent outlined in Sections 3[A][1] and 3[A][2] above shall be paid in accordance with said Sections. C. Any and all Rent PAYMENTS under this Lease shall be mailed to: City of Evanston Parks, Recreation, and Community Services Department 2100 Ridge Avenue, First Floor Evanston, IL 60201 D. 2013 Rent: In addition, Tenant will pay Landlord a lump sum of $14,794.11 (Fourteen Thousand Seven Hundred Ninety-Four and 11/100 Dollars), which will be due and payable on or before August 1, 2014, as payment in full for the lease of Premises for the 2013 calendar year, which is reduced from the 2012 annual rental rate of $59,176.42. The reduction in the rent has no prejudicial value and only agreed to by Landlord to recognize the personnel time and financial investment that Tenant made in 2013 in its attempts to redevelop the Premises. E. PROPERTY FEES SCHEDULE: Attached as Exhibit B is a schedule of fees for all tenants of the Property, if applicable, including Tenant (“NCAC Property Fees”). To the extent incurred by Tenant, the NCAC Property Fees specified on the fee schedule will be invoiced separately and shall be paid by the due date listed on the invoice. To the extent incurred by Tenant, the NCAC Property Fees are to be paid by Tenant regardless of the applicable rental rate specified in Section 3 [A] and [B] Tenant acknowledges that it will reimburse the City for use of the Common Facilities (as specified on Exhibit B) after the standard business hours set by the City and the Association, which hours shall not be less than the following hours throughout the Term (including any Extended Term): 7:30 a.m. – 11:00 p.m. Monday – Saturday; 10 a.m. – 6:00 p.m. on Sunday (the “Business Hours”). SECTION 4. COMMON FACILITIES A. MAINTENANCE BY LANDLORD: Tenant acknowledges that it has leased the Premises for many years and receives the Premises, Common Facilities and remainder of the Property in as-is condition, and acknowledges that the Landlord has made no representations to the condition or has made any repairs to same. The Landlord or Landlord’s staff or other representatives have made no representations or assurances that it will alter or remodel the Premises or Property. Landlord shall, when necessary, as determined by Landlord, in its reasonable discretion or when required by applicable laws, perform, repair and maintain all of the following: 1. Exterior maintenance, including the foundation, exterior walls, slab, common area doors and roof; 2. A refuse container to be shared by all tenants in the Property to be located at the Property in reasonable proximity to the Premises. Landlord will contract, to have trash hauled from such container with reasonable frequency; 607 of 728 4 3. Electric facilities and systems, gas facilities and systems and the HVAC unit(s) and systems (including the portions of such systems serving the Premises exclusively); 4. Plumbing and water facilities and systems (including the portions of such systems serving the Premises exclusively); 5. Fire and life safety systems and fire alarm systems, including inspections thereof (including the portions of such systems serving the Premises exclusively); 6. Hallways, stair rails, and related elements, and restrooms and other Common Facilities, including the parking lot serving the Property; 7. Snow and ice removal, including salting, from front walkway of Premises and parking spaces in front of the Property within 48 hours of any snow event with accumulation of an 1 inch or more; and 8. Change light bulbs, ballasts and tubes in any fluorescent or comparable light fixtures in the Premises. Notwithstanding the foregoing, Tenant will change light bulbs, ballasts and tubes which are considered specialty lighting and related to performance activities. 9. Maintain the HVAC units in the Premises, the HVAC units are the property of the Landlord and shall remain in the Premises at the end of the Term. B. MAINTENANCE BY TENANT: 1. Interior non-structural Premises maintenance and all fixtures and property within the Premises other than (a) utility, HVAC or fire/life safety facilities and systems and (b) any items Landlord is required to maintain pursuant to Section 4[A]; 2. All refuse from Premises to be placed in appropriate containers and Tenant cannot dispose of construction building materials in the standard refuse containers and must arrange for special pick-ups and containers for said materials; 3. The Tenant will at all times maintain all of the Premises in a clean, neat and orderly condition. The Tenant will not use the Premises in a manner that will violate or make void or inoperative any policy of insurance held by the Landlord. The Tenant shall pay the Landlord for overtime wages for staff and for any other related expenses incurred in the event that repairs, alterations or other work in the Premises required or permitted hereunder are not made during ordinary Business Hours (as defined in Section 3[E]) at the Tenant’s request. 4. Tenant will keep the interior non-structural portions of the Premises, including all interior, non-structural walls, surfaces and appurtenances (other than systems and any other items that Landlord is required to maintain pursuant to Section 4[A]), in good repair. Tenant shall be responsible for repairs, damages and losses for damages sustained outside the Premises to other NCAC tenant’s personal property or leased area attributable to Tenant’s negligence or intentional misconduct, subject to Section 1512[E]. All such damage must be reported in writing to the Director of Parks, 608 of 728 5 Recreation and Community Services, or his/her designee, by the next City of Evanston business day, after discovery of such damage by Tenant. 5. Repairs by Tenant must have prior written approval by the Director of Parks, Recreation and Community Services, or his or her designee, and must occur within thirty (30) days of such approval unless the Director of Parks, Recreation and Community Services, or his or her designee, gives a prior written request or grants approval for an extension beyond the thirty (30) days (or unless such repairs cannot reasonably be completed within thirty (30) days, in which case, Tenant shall have such additional time as is reasonably required). If Tenant fails to make the necessary repairs by the date determined by the Lessor, the Landlord has the option to make the necessary repairs and Tenant agrees to promptly pay for those repairs upon presentation of an invoice by the Landlord to the Tenant. Tenant is required upon lease termination to leave space in good repair and condition. Maintenance and repair issues which constitute a life and safety hazard must be corrected within twenty-four (24) hours after discovery by Tenant, provided that the issue can be fixed within that time frame. If the issue cannot be fixed within twenty-four (24) hours after discovery by Tenant, the Tenant must provide a schedule for repair within one (1) business day after discovery by Tenant to the Director of Parks, Recreation and Community Services for approval, which cannot be unreasonably withheld. SECTION 5. USE OF PREMISES A. PURPOSES: Tenant will use the Premises to operate a theater, acting classes and other related business and uses incidental thereto, and no part of the Premises will be used for any other purpose without the prior written consent of Landlord (the “Permitted Use”). If Tenant endeavors to apply for a liquor license for the Premises, the Landlord gives its written consent for said application to be submitted and reviewed by the City in conformance with the City Code procedures, as amended. The City agrees to cause such license to be granted if Tenant meets applicable requirements. B. HOURS OF OPERATION AND LANDLORD ACCESS: 1. Tenant’s use of the Premises shall only be for the permitted use. Tenant shall have the right to conduct its business in the Premises during the Business Hours (as defined in Section 3[E]) of the Property. In addition, Tenant’s staff, agents, employees and contractors may access the Premises twenty-four hours a day, seven days a week, but shall not have access to the interior Common Facilities after the Business Hours (as defined in Section 3[C]) of the Property. The Property will be closed on holidays/days as observed by the City of Evanston (but Tenant will still have access to the Premises). 2. The Landlord shall have the right to retain a set of keys to the Premises, and Tenant shall not change any locks for the Premises to any other lock, other than a lock consistent with the Landlord’s master lock for the Property. The Tenant shall permit the Landlord to erect, use and maintain pipes, ducts, wiring and conduits in and through the Premises concealed to the greatest extent possible, above ceiling, under floor or in walls that don’t reduce the square footage of the Premises and don’t materially affect Tenant’s use of the Premises. The Landlord agents shall have the right to enter upon the Premises with 24 hours prior written notice or without notice in case of an emergency, to control heat, electricity and air conditioning, to inspect the same, and to 609 of 728 6 make such repairs, alterations, improvements or additions to the Premises or the NCAC, as the Landlord may deem necessary or desirable. Tenant will not cease any Rent payments while repairs, alterations, improvements, or additions are being made, by reason of loss or interruption of business of the Tenant, or otherwise, provided Landlord shall complete such work as quickly as reasonably possible. Notwithstanding the foregoing, if a portion of the Premises is unusable for the purpose contemplated hereunder for a period of greater than 5 days (including, without limitation, as a result of a casualty or a condemnation or the repairs required in connection therewith), the fixed minimum monthly rental will be equitably reduced in the proportion that the unusable part of the Premises bears to the whole. The determination of the unusable space shall be reasonably determined by the Landlord based on square footage. Notwithstanding anything to the contrary contained herein, Landlord shall not have the right to alter the Premises except as expressly required or permitted hereunder. Notwithstanding the foregoing, if the repairs, alterations, improvements, or additions are at Tenant’s request or if the repairs are necessitated by Tenant’s actions, then the Tenant may not cease any rent for any period, unless the Premises are unusable as a result of the negligence or intentional misconduct of Landlord or its agents, employees or contractors. If the Tenant shall not be personally present to open and permit an entry into Premises, at any time, when for any reason an entry therein shall be necessary or permissible, the Landlord or the Lessor's agents may enter the same by using the key, or may forcibly enter the same, without rendering the Landlord or such agents liable therefore (if during such entry the Landlord or the Lessor's agents shall accord reasonable care to Tenant's property), and without in any manner affecting the obligations and covenants of this Lease. 3. Nothing herein contained, however, shall be deemed or construed to impose upon the Landlord any obligations, responsibility or liability whatsoever, for the care, supervision or repair of the Premises or any part thereof, other than as herein provided. The Landlord shall also have the right at any time without the same constituting an actual or constructive eviction and without incurring any liability to the Tenant therefore, to change the arrangement and/or location of Common Facilities, including entrances or passageways, doors and doorways, and corridors, stairs, toilets or public parts of the NCAC, and to close Common Facilities (as and when reasonably necessary for Landlord to perform its obligations hereunder or exercise its rights or as necessary due to Force Majeure), including entrances, doors, corridors or other facilities. The Landlord shall not be liable to the Tenant for any expense, injury, loss or damage resulting from work done by persons other than the Landlord in or upon, or the use of, any adjacent or nearby building, land, street, or alley. C. LOCKING OF PREMISES: All doors to the Premises must be kept locked at all times except during the Business Hours (as defined in Section 3[E]). Tenant shall not open the door to anyone in the late hours. The door may not be propped open for any reason. During normal Business Hours (as defined in Section 3[E]) for the Property, patrons and users of the Property shall have access to the Common Facilities. Tenant shall not have use of Common Facilities after the Business Hours (as defined in Section 3[E]) unless Tenant pays the Facilities Fee (as specified in Exhibit C) for keeping the Property and the Common Facilities open. D. STORAGE OF INFLAMMABLE MATERIALS: Tenant agrees that it will not permit to be kept at the Premises any gasoline, distillate or other petroleum product, or other substance of an explosive or inflammable nature as may endanger any part of the premises 610 of 728 7 without the written consent of the Landlord, provided that Tenant can maintain customary cleaning products in the Premises. E. USE IMPAIRING STRUCTURAL STRENGTH: The Tenant will not permit the Premises to be used in any manner that will impair the structural strength of the Premises, or permit the installment of any machinery or apparatus the weight or vibration of which may tend to impair the building’s foundations or structural strength. F. GARBAGE DISPOSAL: The Tenant will not incinerate any garbage or debris in or about the Premises, and will cause all containers, rubbish, garbage and debris stored in the Premises to be placed in the refuse container supplied by Landlord for the Property before accumulation of any substantial quantity. G. PUBLIC REGULATIONS: In the conduct of its business on the Premises, Tenant will observe and comply with all laws, ordinances and regulations of public authorities. Tenant acknowledges that the Property is owned by the City of Evanston and therefore no smoking will be permitted at the Property. H. OTHER MISUSE: Tenant will not permit any unlawful or immoral practice with or without his knowledge or consent, to be committed or carried on in the Premises by Tenant or any other person. Tenant will not use or allow the use of the Premises for any purpose whatsoever that will injure the reputation of the Premises or of the building of which they are a part. I. PARKING REGULATIONS: The NCAC has a total of fifty (50) parking spaces, consisting of thirty-five (35) permit spaces (including four [4] marked for compact cars) and twelve (12) metered spaces and three (3) handicapped spaces in the Property parking lot, which is Lot #51 and is immediately adjacent to the Premises (the “Property Parking Lot”). The Landlord acknowledges that it will not decrease the total number of parking spaces in the Property Parking Lot during the Lease Term, but Landlord reserves the right to reconfigure the parking lot and/or increase the parking spaces. For the permit parking spaces, annual parking permit fees shall be in accordance with the schedule previously referenced as Exhibit B and be billed separately. Parking permit fees are not prorated and will change over the Term of the Lease at the discretion of the Landlord. All annual parking permits issued will be billed on a monthly basis and are not returnable with the exception of permits which are transferred. There will be a $25.00 transfer fee assessed for all annual permits which are to be reissued unless: 1) the old permit or remnants of the old permit is returned displaying the lot number and the permit number minimally; or 2) proof that the vehicle was sold by producing a bill of sale. Monthly and annual parking permits for the Property Parking Lot are authorized only for Leaseholders, Sub-Tenants, staff and/or students attending classes at Noyes on a regular basis and Landlord will not permit businesses (or other invitees) outside of the NCAC to get permits for the Property Parking Lot. Use of permits is on a first-come, first serve basis for spaces available in the Property Parking Lot. Parking permits are not to be transferred to vehicles other than the vehicle for which the permit was issued unless prior written approval by the Director of Parks, Recreation and Community Services is obtained. Parking Permit privileges will be considered by the Director of Parks, Recreation and Community Services or designee for other regular NCAC users on a case-by-case basis. All Authorization Forms must be signed by Tenant or its authorized designee, and by an NCAC staff member before parking permits can be purchased. Temporary one-day parking permits are available for individuals attending special functions at the NCAC, and for visitors and others using the NCAC, who are pre-approved by 611 of 728 8 the Director of Parks, Recreation and Community Services or designee. Temporary parking permits are not available to parents or caregivers waiting for students attending classes or to attendees of performances. Tenant understands, and will inform its staff, students and patrons to observe all posted parking regulations. Parking permits will not be issued to individuals with an expired driver’s license. Landlord will maintain the current parking lot serving the Property as a parking lot throughout the term of this Lease. SECTION 6. SIGNS Tenant may apply for signage (temporary and permanent signage) for the exterior and interior of the Premises, at its own expense, in order to conduct the business of Tenant. Tenant acknowledges that there are limitations from the City of Evanston Municipal Code of 2012, as amended, and the Code governs the application process and the details regarding size, type, and number of signs and Tenant agrees to be bound by such ordinances. Landlord cannot make representations in a lease agreement that Tenant shall be entitled additional signage, a certain number of signs and/or dimensions of proposed signage, because the Tenant must make an application to the Sign Review Board, as provided by Code, but Landlord will not withhold its consent to a reasonably sized sign over the new entrance to the Premises. SECTION 7. DEFECTS; DEFECTIVE CONDITION; WIND; ACTS OF THIRD PERSONS Except as provided by Illinois law and except to the extent arising from the negligence or intentional misconduct of Landlord or its agents, employees or contractors, or from the breach of this Lease by Landlord, Landlord will not be liable to Tenant for any damage or injury to Tenant or Tenant’s property occasioned by the failure of Landlord to keep the Premises in repair, and shall not be liable for any injury done or occasioned by wind or by or from any defect of plumbing, electric wiring or of insulation thereof, gas pipes, water pipes or steam pipes, or from broken stairs, porches, railings or walks, or from the backing up of any sewer pipe or down- spout or from the bursting, leaking or running of any tank, tub, washstand, water closet or waste pipe, drain, or any other pipe or tank in, upon or about the Premises or the building of which they are a part nor from the escape of steam or hot water from any radiator, nor for any such damage or injury occasioned by water, snow or ice being upon or coming through the roof, skylight, trap door, stairs, walks or any other place upon or near the Premises, or otherwise, nor for any such damage or injury done or occasioned by the falling of any fixture, plaster, or stucco, nor for any damage or injury arising from any act, omission or negligence or co-tenants or of other persons, occupants of the same building or of adjoining or contiguous buildings or of owners of adjacent or contiguous property, or of Landlord’s agents or Landlord, all claims for any such damage or injury being hereby expressly waived by Tenant. Notwithstanding the foregoing, if any portion of the Premises unusable for the purpose contemplated hereunder for a period of greater than 5 days, the fixed minimum monthly rental will be equitably reduced in the proportion that the unusable part of the Premises bears to the whole. The determination of the unusable space shall be reasonably determined by the Landlord based on square footage. SECTION 8. CASUALTY DAMAGE; REPAIRS; ABATEMENT OF RENT A. USE OF PARTIALLY DAMAGED PREMISES: On damage or destruction by a casualty to the Premises, Tenant will continue to use them for the operation of its business to the extent practicable B. RIGHT TO TERMINATE ON DESTRUCTION OF TWO-THIRDS OF PREMISES: Either Party will have the right to terminate this Agreement if, the Premises is damaged by a 612 of 728 9 casualty to an extent exceeding two-thirds of the reconstruction cost of the Premises as a whole. If such damage occurs, this termination will be affected by written notice to the other Party, delivered within 90 days of the damage. C. REPAIRS BY LANDLORD: If the Premises are damaged by a casualty before or after the start of the Agreement, then Landlord will immediately, on receipt of insuranc e proceeds paid in connection with casualty damage, but no later than sixty days after damage has occurred, proceed to repair the Property. Repairs will include any improvements made by Landlord or by Tenant with Landlord’s consent, on the same plan and design as existed immediately before the damage occurred, subject to those delays reasonably attributable to governmental restrictions or failure to obtain materials, labor or other causes, whether similar or dissimilar, beyond the control of Landlord. Materials used in repair will be as nearly like original materials as reasonably procured in regular channels of supply. Wherever cause beyond the power of the party affected causes delay, the period of delay will be added to the period in this lease for completion of the work, reconstruction or replacement. D. REDUCTION OF RENT DURING REPAIRS: If a portion of the Premises is unusable for the purpose contemplated hereunder for a period of greater than 5 days, the fixed minimum monthly rental will be equitably reduced in the proportion that the unusable part of the Premises bears to the whole. The determination of the unusable space shall be reasonably determined by the Landlord based on square footage No rent will be payable while the Premises is wholly unoccupied pending the repair of casualty damage. E. FIRE AND CASUALTY. If the Premises are entirely destroyed by fire or another act of God, and Landlord elects to not rebuild the Premises, then this Agreement shall be terminated effective as of the date of the casualty. SECTION 9. REPAIRS AND MAINTENANCE Except to the extent any of the following is Landlord’s obligation pursuant to Section 4[A], Tenant shall keep the interior, non-structural portions of the Premises in a clean condition, and in good repair, all according to the statutes and ordinances in such cases made and provided, and the directions of public officers thereunto duly authorized, all at Tenant’s own expense, and shall yield the same back to Landlord, upon the termination of this Agreement, whether such termination shall occur by expiration of the term, or in any other manner whatsoever, in the same condition of cleanliness and repair as at the date of the execution hereof, loss by fire and reasonable wear and tear excepted. Except to the extent any of the following is Landlord’s obligation pursuant to Section 4[A], Tenant shall make all necessary repairs and renewals upon Premises and replace broken fixtures with material of the same size and quality as that broken. If, however, the Premises shall not thus be kept in good repair and in a clean condition by Tenant, as aforesaid, Landlord may enter the same, or by Landlord’s agents, servants or employees, without such entering causing or constituting a termination of this Agreement or an interference with the possession of the Premises by Tenant, and Landlord may replace the same in the same condition of repair and cleanliness as existed at the date of execution hereof, and Tenant agrees to pay Landlord, in addition to the rent hereby reserved, the expenses of Landlord in thus replacing the Premises in that condition. Tenant shall not cause or permit any waste, misuse or neglect of the water, or of the water, gas or electric fixtures. 613 of 728 10 Tenant will also be in compliance with all laws and regulations during the entire term of this Agreement, except for repairs required of the Landlord to be made and damage occasioned by fire, hurricane or other causes as provided for in this Agreement. SECTION 10. UTILITIES Landlord agrees to pay before delinquency all charges for gas, water, heat, electricity, power and other similar charges incurred by Landlord or Tenant with respect to the Premises or the Property during the Term of this Agreement and Tenant’s occupancy of the Premises. SECTION 11. TAXES If applicable, Tenant will pay before delinquency all taxes levied on Tenant’s fixtures, equipment and personal property on the demised Premises, whether or not affixed to the real property. Landlord will pay all real estate taxes for the Property. SECTION 12. INSURANCE A. INSURANCE COMPANIES: It is agreed that any policies of insurance to be maintained by the respective parties will be obtained from good and solvent insurance companies. Only companies with an “A” Policyholder’s Rating with the Alfred Best Company will be acceptable. B. TENANT TO OBTAIN LIABILITY INSURANCE: Tenant agrees that it will, at its expense, maintain a policy of insurance, written by responsible insurance carriers, approved by Landlord that will insure Tenant against liability for injury to or death of persons or damage to property occurring about the Premises. Landlord will be named as an additional insured. The liability under insurance will be at least $1 million for any one person injured or killed or any one occurrence, $2 million general aggregate coverage for any one accident, and $ 100,000.00 property damage. Tenant will obtain an endorsement and Certificate of Insurance naming the Landlord as an additional insured from Tenant’s carrier (during the term of the Lease, including Premises Improvement construction) and all contractors during the construction of the Premises Improvements and any other renovation or construction at the Premises. C. TENANT TO OBTAIN WORKER’S COMPENSATION INSURANCE: Tenant agrees to maintain employees’ Worker’s Compensation insurance required under Illinois law. D. TENANT TO OBTAIN INSURANCE ON FIXTURES AND EQUIPMENT: The Tenant agrees to maintain on all trade fixtures and personal property in the Premises, a policy of insurance approved by the Landlord of at least __90__% of the insurable replacement value of all trade fixtures and personal property. E. LANDLORD TO OBTAIN FIRE INSURANCE ON PREMISES: Landlord agrees to maintain during this Agreement, a policy of property insurance covering any peril generally included in the classification ISO Causes of Loss – Special Form (a “Special Form Policy”) and covering at least __80__% of the full replacement cost of the Premises and Property (or Landlord may self-insure for such coverage). If permitted without additional charge, Landlord will cause to be endorsed on its property insurance, and any extended coverage policy or policies, the waiver of right of subrogation. Landlord hereby agrees to waive any claims against Tenant and its agents and employees to the extent the same could be covered by a Special Form Policy, regardless if the same is maintained by the City. 614 of 728 11 F. TENANT’S WAIVER OF CASUALTY INSURANCE PROCEEDS: If the Premises are damaged by fire or other casualty insured against, Tenant agrees to claim no interest in any insurance settlement arising out of any loss where premiums are paid by Landlord, or where Landlord is named as sole beneficiary, and that it will sign all documents required by Landlord or the insurance company necessary in connection with the settlement of any loss. G. CONTROL OF INSURANCE PROCEEDS TO AVOID TAXABLE GAIN: If the Premises, including any improvements, were to be damaged in any manner, and the receipt of any insurance proceeds or other reimbursement for such damage would result in the realization of taxable gain for federal or state purposes, then the party to whom the gain would be taxed will have the right to take all action respecting proceeds or reimbursements necessary to enable party to comply with any regulations of the appropriate taxing authorities, so that the gain will not be recognized for tax purposes. Nothing here will be construed to entitle Landlord to delay any repairs to any part of the improvements in the event of damage. H. TENANT’S FAILURE TO INSURE: Should Tenant fail to keep in effect and pay for insurance as required by this section and then fail to cure such failure within ten (10) days after notice from Landlord, the Landlord may terminate this Lease immediately. SECTION 13. SUBLETTING; ASSIGNMENT The Tenant shall be allowed to sublet a portion of the Premises to another entity or individual(s) (“Sub-Tenant”) for a period of 2 months or less and Tenant does not need the Lessor’s consent. If the Tenant seeks to sublet a portion of the Premises to a Sub -Tenant for a period of time greater than 2 months, then the Tenant must be have the written consent of the Landlord and such consent shall not be unreasonably withheld. For all subleases, the Tenant shall obtain a certificate of insurance from the Sub-Tenant prior to commencement of the sublease, naming the City of Evanston as an additional insured for the period of occupancy. If Tenant, or any one or more of the Tenants, if there be more than one, shall make an assignment for the benefit of creditors, or shall file for bankruptcy protection, Landlord may terminate this Agreement, and in such event Tenant shall at once pay Landlord a sum of money equal to the entire amount of rent reserved by this Agreement for the then unexpired portion of the term hereby created less the reasonable rental value (as defined in Section 17[G] below) of the Premises as liquidated damages. At Landlord’s option, should Landlord consent to any assignment or sublease of the demised Premises, Tenant shall nevertheless remain liable for all terms and conditions of this Agreement until the expiration of the Agreement term stated above. SECTION 14. SURRENDER OF PREMISES; HOLDING OVER Tenant will, at the termination of this Lease, leave the Premises in as good condition as they are in at the time of entry by Tenant, except for reasonable use and wear, acts of God, or damage by casualty beyond the control of Tenant. On vacating, Tenant will leave the Premises clear of all rubbish and debris. If Tenant retains possession of the Premises or any part thereof after the termination of the term by lapse of time or otherwise, then Landlord may at its option within thirty days after termination of the term serve written notice upon Tenant that such holding over constitutes the creation of a month to month tenancy, upon the terms of this Agreement. Tenant shall also pay to Landlord all damages sustained by Landlord resulting from retention of possession by Tenant. The provisions of this paragraph shall not constitute a waiver by Landlord of any right of re-entry as hereinafter set forth; nor shall receipt of any rent or 615 of 728 12 any other act in apparent affirmation of tenancy operate as a waiver of the right to terminate this Agreement for a breach of any of the covenants herein. SECTION 15. INDEMNIFICATION AND LIENS A. LIENS AND ENCUMBRANCES: The Tenant will hold the Landlord harmless from all claims, liens, claims of lien, demands, charges, encumbrances or litigation arising out of any work or activity of Tenant on the Premises. Tenant will, within sixty (60) days after filing of any lien, fully pay and satisfy the lien and reimburse Landlord for all resulting loss and expense, including a reasonable attorney’s fees. Provided, however, in the event that Tenant contests any lien so filed in good faith and pursues an active defense of said lien, Tenant shall not be in default of this paragraph. However, in the event of any final judgment against Tenant regarding such lien, Tenant agrees to pay such judgment and satisfy such lien within 60 days of the entry of any such judgment. B. DISCHARGE OF LIEN: If Tenant fails to fully discharge any claim, lien, claim of lien, demand, charge, encumbrance, or litigation, or should proceedings be instituted for the foreclosure of any lien or encumbrance, and if judgment is rendered against Tenant either by a court of competent jurisdiction or by arbitration and Tenant still persists in non-payment of the same within the 60 days set forth above, Landlord will have the right at any time after expiration of the 60-day period, to pay the lien or encumbrance. All amounts so paid will be repaid by the Tenant on demand, together with interest at the rate of __10__% per year from the date of payment and shall be considered additional rent owed to Landlord by Tenant. C. INDEMNIFICATION OF LANDLORD: Except as otherwise provided in this Agreement, and except to the extent caused by the negligence or willful misconduct of Landlord, or its agents, employees or contractors, or by the breach of this Lease by Landlord, Tenant shall protect, defend, indemnify and save Landlord and its officers, directors, agents, attorneys, and employees harmless from and against any and all obligations, liabilities, costs, damages, claims and expenses of whatever nature arising from (i) any matter, condition or thing that occurs in the Premises, which is not the result of Landlord’s negligence or willful misconduct, or (ii) any negligence or willful misconduct of Tenant, or its agents, employees or contractors. D. INDEMNIFICATION OF TENANT. Except as otherwise provided in this Agreement, and except to the extent caused by the negligence or willful misconduct of Tenant, or its agents, employees or contractors, or by the breach of this Lease by Tenant, Landlord shall protect, defend, indemnify and save Tenant and its officers, directors, agents, attorneys, and employees harmless from and against any and all obligations, liabilities, costs, damages, claims and expenses of whatever nature arising from (i) any matter, condition or thing that occurs in the Common Facilities, which is not the result of Tenant’s negligence, or willful misconduct or (ii) any negligence or willful misconduct of Landlord, or its agents, employees or contractors. SECTION 16. LANDLORD’S RIGHT OF INSPECTION AND REPAIRS Tenant shall allow Landlord or any person authorized by Landlord reasonable access to the Premises during the Business Hours (as defined in Section 3[E]) for the purpose of examining or exhibiting the same, or to make any repairs or alterations thereof which Landlord may see fit to make (provided that Landlord cannot make voluntary alterations or modifications to the Premises without Tenant’s consent). If the Tenant does not exercise the Option to renew the Lease and/or will be vacating the Premises at or prior to the end of the Term, Tenant will 616 of 728 13 also allow Landlord to have placed upon the Premises at all times notices of “For Sale” and/or “For Rent” and Tenant will not interfere with the same. SECTION 17. DEFAULT AND REMEDIES A. EVENT OF DEFAULT: Any one of the following events shall be deemed to be an event of default hereunder by Tenant subject to Tenant’s right to cure: 1. Tenant shall fail to pay any item of Base Rent at the time and place when and where due and does not cure such failure within five (5) business days after notice to Tenant of such failure; 2. Tenant shall fail to maintain the insurance coverage as set forth herein and does not cure such failure within 10 days after receipt of notice from Landlord; 3. Tenant shall fail to comply with any term, provision, condition or covenant of this Lease, other than the payment of rent, and shall not cure, or commence the good faith cure of any such failure, within fifteen (15) days after written notice to the Tenant of such failure; 4. Tenant shall make a general assignment the benefit of creditors, or shall admit in writing its inability to pay its debts as they become due or shall file a petition in bankruptcy; or B. OCCURRENCE OF AN EVENT: Upon the occurrence of any event of default, Landlord shall have the option to pursue any one or more of the following remedies subject to the laws of the State of Illinois and the Tenant’s right to cure: 1. Terminate this Lease, in which event Tenant shall immediately surrender the Premises to Landlord, but if Tenant fails to do so, Landlord may, without further notice and without prejudice to any other remedy Landlord may have for possession or arrearages in rent, or damages for breach of contract, enter upon the Premises and expel or remove and with or without notice of such election or any notice or demand whatsoever, this Agreement shall thereupon terminate and upon the termination of Tenant’s right of possession, as aforesaid, whether this Agreement be terminated or not, Tenant agrees to surrender possession of the Premises immediately, without the receipt of any demand for rent, notice to quit or demand for possession of the Premises whatsoever and hereby grants to Landlord full and free license to enter into and upon the Premises or any part thereof, to take possession thereof with or (to the extent permitted by law) without process of law, and to expel and to remove Tenant or any other person who may be occupying the Premises or any part thereof, and Landlord may use such force in and about expelling and removing Tenant and other persons as may reasonably be necessary, and Landlord may re-possess itself of the Premises, but such entry of the Premises shall not constitute a trespass or forcible entry or detainer, nor shall it cause a forfeiture of rents due by virtue thereof, nor a waiver of any covenant, agreement or promise in this Agreement contained to be performed by Tenant. Tenant agrees to indemnify Landlord for all loss and damage which Landlord may suffer by reason of such lease termination, whether through inability to re-let the Premises, or through decrease in Rent, or otherwise. 617 of 728 14 2. Landlord may recover from Tenant upon demand all of Landlord’s costs, charges and expenses, including the fees and costs of counsel, agents and others retained by Landlord which have been incurred by Landlord in enforcing Tenant’s obligations hereunder, subject to Landlord prevailing on its claims. 3. Pursuit of any of the foregoing remedies shall not preclude pursuit of any other remedy herein provided or available to Landlord at law or in equity, or constitute a forfeiture or waiver of any Rent due hereunder or of any damages suffered by Landlord. C. REPOSSESSION OR RELETTING NOT A TERMINATION; LANDLORD’S RIGHT TO TERMINATE NOT FORFEITED: No repossession, operation or re-letting of the Premises or of fixtures and equipment will be construed as an election by Landlord to terminate this Agreement unless a written notice is given by the Landlord to the Tenant. The Landlord may terminate this Agreement if the Tenant remains in default (beyond any applicable notice and cure period). The acceptance of rent, whether in a single instance or repeatedly, after it falls due, or after knowledge of any breach hereof by Tenant, or the giving or making of any notice or demand, whether according to any statutory provision or not, or any act or series of acts except written waiver, shall not be construed as a waiver of Landlord’s rights to act without notice or demand or of any other right hereby given Landlord, or as an election not to proceed under the provisions of this Agreement. D. TENANT’S OBLIGATION TO PAY DEFICIENCIES: If rentals received by the Landlord from re-letting the Premises under the provisions of this section are insufficient to pay all expenses and amounts due, Tenant will pay any deficiencies to the Landlord on demand and be declared in default for failure to pay. E. LANDLORD’S RIGHT TO PERFORM TENANT’S DUTIES AT TENANT’S COST: If in Landlord’s judgment any default by Tenant will jeopardize the Premises or the rights of Landlord, Landlord may, without notice, elect to cure Tenant’s default and Tenant will reimburse Landlord, with interest, on 10-days’ notice by Landlord to Tenant. F. LANDLORD’S RIGHT TO TERMINATE AGREEMENT: If there is an event of default by Tenant as stated in Paragraph A of this section, Landlord may, without further notice, terminate this Agreement and all interest of Tenant and may take possession of the Premises by legal proceedings. G. LANDLORD’S RIGHT ON TERMINATION TO RECOVER AMOUNT EQUAL TO RENT RESERVED: If this Agreement is terminated by Landlord due to any event of default by Tenant, Landlord will be entitled to recover from Tenant, at termination, the excess, if any, of the rent reserved in this Agreement for the balance of the term over the reasonable rental value of the Premises for the same period. The “reasonable rental value” will be the amount of rental Landlord can obtain as rent for the balance of the term. H. LANDLORD’S REMEDIES CUMULATIVE: All of the remedies given to Landlord in this Agreement or by law are cumulative, and the exercise of one remedy by the Landlord will not impair its right to exercise any other right or remedy. Landlord shall not look to the property or assets of any direct or indirect partner, member, manager, shareholder, director, officer, principal, employee or agent of Tenant in seeking either to enforce Tenant’s obligations under this Agreement or to satisfy a judgment for Tenant’s failure to perform such obligations; and none of such parties shall be personally liable for the performance of Tenant’s obligations under this Agreement. 618 of 728 15 SECTION 18. TENANT OBLIGATIONS TO COMMUNITY AND ASSOCIATION A. NOYES CENTER TENANT’S ASSOCIATION: The Tenant acknowledges and agrees that it has the right to be a member of the Noyes Center Tenant’s Association (the “Association”) formed by the tenants of the Property. The Association will provide advisory guidance and opinions to City staff on many issues, including, tenant responsibilities and duties with respect to the Property and its Common Area. The Association is structured to focus on certain tasks and advise the City on issues such as the following examples: (a) Provide answers to general questions about offerings by Noyes tenants and directions to studios; (b) Review requirements for community service of tenants annually and make recommendations to the City for any additions or changes; (c) Review subleases of tenants; (d) Review proposed annual operating budget for Center and proposed rental increases; (e) Review annual and five year capital improvement program for Center and make recommendations to City on spending priorities; and (f) Review applications of new tenants at Noyes and make recommendations to City on spending priorities. B. COMMUNITY ENGAGEMENT: Tenant may develop reasonable set programs (e.g. donated tickets for certain events, community theater events [including use of theater or other portions of the Premises by other not-for-profit organizations], and scholarships) to be a steward for the arts in the community. For 2014, community engagement programs will be voluntary and any future leases will contain a mandatory participation component. SECTION 19. REMOVAL OF OTHER LIENS In event any lien upon Landlord’s title results from any act or neglect of Tenant and Tenant fails to remove said lien within thirty (30) days after Landlord’s notice to do so, Landlord may remove the lien by paying the full amount thereof or otherwise and without any investigation or contest of the validity thereof and Tenant shall pay Landlord upon request the amount paid out by Landlord in such behalf, including Landlord’s costs, expenses and reasonable attorney’s fees. If Tenant demonstrates to Landlord that Tenant is contesting the validity of said lien in good faith, then Landlord shall allow Tenant to so contest such lien until either Tenant either abandons such contest or a final verdict is reached in a court of competent jurisdiction. Any amount advanced on behalf of Tenant shall be paid to Landlord by Tenant within 30 days after such advancement is made together with interest at 9% per annum and such amount shall be considered additional rentals (including any overage provided in either of the two [2] immediately preceding years). SECTION 20. REMEDIES NOT EXCLUSIVE The obligation of Tenant to pay the rent reserved hereby during the balance of the term hereof, or during any extension hereof, shall not be deemed to be waived, released or terminated, by the service of any five-day notice, other notice to collect, demand for possession, or notice that the tenancy hereby created will be terminated on the date therein named, the institution of any action of forcible detainer or ejectment or any judgment for possession that may be rendered in such action, or any other act or acts resulting in the termination of Tenant’s right to possession of the Premises. The Landlord may collect and receive any rent due from Tenant and payment or receipt thereof shall not waive or affect any such notice, demand, suit or judgment, or in any manner whatsoever waive, affect, change, modify or alter any rights or remedies which Landlord may have by virtue hereof. 619 of 728 16 SECTION 21. EXPENSES OF ENFORCEMENT Tenant, if Landlord is the prevailing party, shall pay upon demand all Landlord’s costs, charges and expenses, including reasonable attorney’s fees, agents fees and fees of others retained by Landlord, incurred in enforcing any of the obligations of Tenant under this Agreement, or in any litigation, negotiation or transaction in which Landlord shall, without Landlord’s fault become involved through or on account of any action or omission of Tenant regarding this Agreement. Landlord, if Tenant is the prevailing party, shall pay upon demand all Tenant’s costs, charges and expenses, including reasonable attorney’s fees, agents fees and fees of others retained by Tenant, incurred in enforcing any of the obligations of Landlord under this Agreement, or in any litigation, negotiation or transaction in which Tenant shall, without Tenant’s fault become involved through or on account of any action or omission of Landlord regarding this Agreement. SECTION 22. EMINENT DOMAIN A. MORE THAN 30 PERCENT TAKEN: If 30 percent or more of the Premises are taken for a public or quasi-public use, this Agreement will terminate as of the date of the physical taking, and the Parties will be released from all further liability. B. LESS THAN 30 PERCENT TAKEN: If the taking affects less than 30 percent of the Premises, the Landlord will, with reasonable diligence, proceed at Landlord’s expense to repair the Premises and place them in tenantable condition within 120 days after the date of the actual physical taking. However, if 25% percent or more of the Premises as a whole is taken, the Landlord may elect to terminate this Agreement, notwithstanding that less than 30 percent of the Premises were taken. On termination, the parties will be released from all further liability under this Agreement. C. ABATEMENT OF RENT: During any repair, Tenant will be required to pay only that part of the fixed minimum monthly rental as the area of the tenantable Premises remaining during repairs bears to the entire area leased. On completion of repairs, the fixed minimum monthly rental will be adjusted in proportion to the repaired area, and Tenant will be required to pay the adjusted fixed minimum monthly rental in accordance this Agreement (attributable to the portion of the Premises taken) and the remainder of the fixed minimum monthly rental shall be forever waived and forgiven by Landlord. D. RIGHT TO CONDEMNATION AWARD: Any award made in any condemnation proceeding for the taking of any part of the Premises will be the sole property of Landlord, except that Tenant can make a claim for the unamortized portion of the cost incurred by Tenant for the Premises Improvements. SECTION 23. GOVERNMENTAL INTERFERENCE WITH POSSESSION Except as expressly set forth in Section 25, Tenant will not be released from its obligation should its possession of the Premises be interfered with by adoption of any law, ordinance, resolution, regulation or act of any legal or governmental authority. Further, Tenant will not be released by any order of abatement or judgment preventing use of the premises on the ground that the Premises or the business operated there constitutes a legally recognized nuisance. 620 of 728 17 SECTION 24. PEACEFUL ENJOYMENT Landlord covenants and warrants that it is the owner of the Property and Premises, and that Tenant, on payment of rents and performance of the conditions, covenants, and agreements to be performed by it, may enjoy the Premises without interruption or disturbance. Landlord covenants, represents and warrants that there is no mortgage, deed of trust or similar encumbrance affecting the Property, as of the date hereof. SECTION 25. EFFECT OF WAIVER OF BREACH OF COVENANTS No waiver of any breach of any condition of this Agreement will be construed to be a waiver of any other breach of provision, covenant or condition. SECTION 26. AMENDMENTS TO BE IN WRITING This Agreement may be modified or amended only in writing signed by Landlord and Tenant. It may not be amended or modified by oral agreements between the Parties unless they are in writing duly executed by Landlord and Tenant. SECTION 27. PARTIES BOUND Every provision of this Agreement will bind the parties and their legal representatives. The term “legal representatives” is used in its broadest meaning and includes, in addition to assignees, every person, partnership, corporation or association succeeding to any interest in this Agreement. Every covenant, agreement and condition of this Agreement will be binding on Tenant’s successors and assignees. Any sublease, concession or license agreement will be subject and subordinate to this Lease. SECTION 28. NOTICES All notices or demands that either party may need to serve under this Agreement may be served on the other party by mailing a copy by registered or certified mail to the following addresses for the parties (or at such other address as the applicable party may designate in a written notice to the other party): If to the City: with a copy to: City Manager Corporation Counsel 2100 Ridge Avenue 2100 Ridge Avenue Evanston, IL 60201 Evanston, IL 60201 Fax: 847-448-8083 Fax: 847-448-8093 If to Tenant: Piven Theatre Workshop Attn: Leslie Brown, Executive Director 927 Noyes Street Evanston, IL 60201 Fax: 847-866-6614 621 of 728 18 Service will be deemed complete at the time of the leaving of notice or within 2 days after mailing. In the event that it appears that Tenant is avoiding the service of any notice and is not present at the Premises for a period of more than 14 consecutive days, notices may be served by posting such notice upon the Premises. Notice shall than be deemed effective 5 days after such posting. SECTION 29. MISCELLANEOUS A. Provisions typed on this Agreement and all riders attached to this Agreement and signed by Landlord and Tenant are hereby made a part of this Agreement. B. Tenant shall keep and observe such reasonable rules and regulations now or hereafter required by Landlord, which may be necessary for the proper and orderly care of the building of which the Premises are a part. C. All covenants, promises, representations and agreements herein contained shall be binding upon, apply and inure to the benefit of Landlord and Tenant and their respective heirs, legal representatives, successors and assigns. D. the rights and remedies hereby created are cumulative and the use of one remedy shall not be taken to excuse or waive the right to the use of another. E. The words “Landlord” and “Tenant” wherever used in this Agreement shall be construed to mean Landlords or Tenants in all cases where there is more than one Landlord or Tenant herein; and the necessary grammatical changes shall be assumed in each case as though full expressed. F. This Agreement and any written and signed Amendments and/or Riders hereto shall constitute the entire agreement between the parties, and any oral representations made by one party to the other are considered merged herein. G. In all cases where Landlord’s consent is required, Landlord’s consent shall not be unreasonably withheld. H. This Agreement may be executed in multiple copies, each of which shall constitute an original. SECTION 30. VENUE AND JURISDICTION The Parties agree the this Agreement shall be governed by and interpreted in accordance with the laws of the State of Illinois and that venue for any disputes shall be in the Circuit Court of Cook County, Illinois. SECTION 31. FORCE MAJEURE Other than for Landlord’s and Tenant’s obligations under this Lease that can be performed by the payment of money, whenever a period of time is herein prescribed for action to be taken by either party hereto, such time period will be extended by a period equal to the period of any delays in performance by the applicable party due to any of the following events (“Force Majeure”): (i) Acts of God, (ii) strike or other such labor difficulties not specific to any labor issue existing only at the Property, (iii) extraordinary weather conditions greatly exceeding 622 of 728 19 norms for the greater metropolitan area where the Premises located, (iv) extraordinary scarcity of or industry-wide inability to obtain supplies, parts or employees to furnish such services, or (v) or any cause whatsoever beyond a party’s control. For purposes of this Section 31, a cause or event shall not be deemed to be beyond a party's control, if it is within the control of such party's agents, employees or contractors. 623 of 728 20 IN WITNESS WHEREOF, both of said Landlord and Tenant have caused this Agreement to be executed as of the date and year first above written by a duly authorized officer or manager of each of the respective parties. Landlord: THE CITY OF EVANSTON, an Illinois home rule municipal corporation By: __________________________________ Its: City Manager, Wally Bobkiewicz Tenant: PIVEN THEATRE WORKSHOP an Illinois not-for-profit corporation By: _________________________________ Its: __________________________________ 624 of 728 21 STATE OF ILLINOIS ) ) SS. COUNTY OF COOK ) The Undersigned, a Notary Public in and for said County in the State aforesaid, do hereby certify that Wally Bobkiewicz, City Manager of the City of Evanston, personally known to me to be the same person whose name is subscribed to the foregoing instrument as such officer, appeared before me this day in person and acknowledged that he signed and delivered such instrument as his own free and voluntary act, and as the free and voluntary act of the City of Evanston, all for the uses and purposes set forth therein. Given under my hand and notarial seal on ____________, 2014. Notary Public My Commission Expires: STATE OF ILLINOIS ) ) SS. COUNTY OF COOK ) The Undersigned, a Notary Public in and for said County in the State aforesaid, do hereby certify that Leslie Brown, Executive Director of The Piven Theatre Workshop, personally known to me to be the same person whose name is subscribed to the foregoing instrument as such officer, appeared before me this day in person and acknowledged that she signed and delivered such instrument as his own free and voluntary act, and as the free and voluntary act of Piven Theatre Workshop, all for the uses and purposes set forth therein. Given under my hand and notarial seal on ____________, 2014. Notary Public My Commission Expires: 625 of 728 EXHIBIT B PAGE 1 EXHIBIT A LEGAL DESCRIPTION OF PROPERTY PARCEL 1: BLOCK 1 IN TAIT’S SUBDIVISION OF BLOCK 4 OF ORRINGTON ADDITION TO EVANSTON, A SUBDIVISION OF THAT PART EAST OF THE CENTER LINE OF RIDGE AVENUE OF THE SOUTH ½ OF THE NORTH ½ OF THE SOUTH WEST ¼, AND THAT PART BETWEEN THE WEST LINE OF BLOCK 92 OF THE VILLAGE OF EVANSTON AND THE CHICAGO, EVANSTON AND LAKE SUPERIOR RAILROAD OF THE NORTH ½ OF THE NORTH ½ OF THE SOUTH ½ OF THE SOUTH WEST ¼ OF SECTION 07, TOWNSHIP 41 NORTH, RANGE 14, EAST OF THE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS; PARCEL 2: LOTS 12 TO 21, BOTH INCLUSIVE, IN BLOCK 2 IN TAIT’S SUBDIVISION OF BLOCK 4 OF ORRINGTON ADDITION TO EVANSTON, ACCORDING TO THE PLAT OF SAID TAIT’S SUBDIVISION RECORDED MARCH 8, 1906, AS DOCUMENT NUMBER 3829417, TOGETHER WITH THE VACATED ALLEY LYING SOUTH OF AND ADJOINING SAID LOT 12 IN BLOCK 2 IN TAIT’S SUBDIVISION, AFORESAID, ALL IN THE SOUTH WEST ¼ OF SECTION 07, TOWNSHIP 41 NORTH, RANGE 14, EAST OF THE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS; PARCEL 3: LOTS 1, 2, 3 AND 4 IN BLOCK 1 IN A. BURROUGHS’ ADDITION TO EVANSTON, A SUBDIVISION OF THAT PART OF LOT 15 AND THE EAST 145.5 FEET OF LOT 16 LYING WEST OF THE CHICAGO, EVANSTON AND LAKE SUPERIOR RAILROAD IN ASSESSOR’S DIVISION OF FRACTIONAL SECTION 07, TOWNSHIP 41 NORTH, RANGE 14 EAST OF THE THIRD PRINCIPAL MERIDIAN, TOGETHER WITH THE VACATED ALLEY LYING SOUTH OF LOT 1 AND NORTH OF THE LOTS 2, 3 AND 4 IN SAID BLOCK 1, ALL IN THE SOUTH WEST ¼ OF SECTION 07, TOWNSHIP 41 NORTH, RANGE 14, EAST OF THE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS; PARCEL 4: LOTS 1, 2, 3, 4 AND THE EAST 19 FEET OF LOT 5 IN BLOCK 2 IN A BURROUGHS’ ADDITION TO EVANSTON, ACCORDING TO THE PLAT OF SAID SUBDIVISION RECORDED APRIL 15, 1893, AS DOCUMENT NUMBER 1850049; TOGETHER WITH THE VACATED 16 FOOT ALLEY LYING EAST OF THE EAST LINE OF LOT 5 AND WEST OF THE WEST LINE OF SAID LOTS 1, 2, 3 AND 4 IN SAID BLOCK 2, ALSO TOGETHER WITH THE VACATED ALLEY LYING SOUTH OF AND ADJOINING SAID LOT 4 IN BLOCK 2, AFORESAID, ALL IN THE SOUTH WEST ¼ OF SECTION 07, TOWNSHIP 41 NORTH, RANGE 14, EAST OF THE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS; 626 of 728 EXHIBIT B PAGE 2 PARCEL 5: THAT PART OF LOT 16 IN ASSESSOR’S DIVISION OF FRACTIONAL SECTION 07, TOWNSHIP 41 NORTH, RANGE 14, EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT A POINT ON THE NORTH LINE OF NOYES STREET, WHICH IS 323.8 FEET EAST OF THE INTERSECTION OF SAID NORTH LINE OF NOYES STREET WITH THE CENTER LINE OF RIDGE AVENUE; THEN CONTINUING EAST ALONG THE NORTH LINE OF NOYES STREET, 125 FEET; THENCE NORTH 115.5 FEET TO THE SOUTH LINE OF LAND FORMERLY OWNED AND OCCUPIED BY ALONZO BURROUGHS, BEING NOW THE SOUTH LINE OF A. BURROUGHS’ ADDITION TO EVANSTON, A SUBDIVISION OF THAT PART OF LOT 15 AND THE EAST 145.5 FEET OF LOT 16 LYING WEST OF THE CHICAGO, EVANSTON AND LAKE SUPERIOR RAILROAD IN ASSESSOR’S DIVISION, AFORESAID; THENCE WEST ALONG THE LAST DESCRIBED LINE, 125 FEET TO THE EAST LINE OF THE WEST ½ OF SAID LOT 16 (BEING ALSO THE EAST LINE OF FOSTER AND KLINE’S ADDITION TO EVANSTON, BEING A SUBDIVISION OF THE WEST ½ OF THE LOT 16 IN ASSESSOR’S DIVISION, AFORESAID): THENCE SOUTH ALONG THE LAST DESCRIBED LINE, 115.5 FEET TO THE PLACE OF BEGINNING, ALL IN THE SOUTH WEST ¼ OF SECTION 07, TOWNSHIP 41 NORTH, RANGE 14, EAST OF THE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS; PARCEL 6: LOTS 3 AND 4 IN FOSTER AND KLINE’S ADDITION TO EVANSTON, BEING A SUBDIVISION OF THE WEST ½ OF LOT 16 IN ASSESSOR’S DIVISION OF FRACTIONAL SECTION 07, TOWNSHIP 41 NORTH, RANGE 14, EAST OF THE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS; PARCEL 7: ALL THAT PART OF VACATED ERVIN COURT LYING SOUTH OF THE SOUTH LINE OF COLFAX STREET AND NORTH OF THE NORTH LINE OF NOYES STREET, SAID ERVIN COURT HAVING BEEN VACATED BY CITY OF EVANSTON ORDINANCE DATED NOVEMBER 23, 1931, AND RECORDED MARCH 23, 1932, AS DOCUMENT NUMBER 11063489, ALL IN THE SOUTH WEST ¼ OF SECTION 07, TOWNSHIP 41 NORTH, RANGE 14, EAST OF THE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS. Real property address: 927 Noyes, Evanston, Illinois 60201 PIN:11-07-114-027-0000 627 of 728 EXHIBIT B NOYES CULTURAL ARTS CENTER PROPERTY FEES SCHEDULE 628 of 728 For City Council meeting of July 14, 2014 Item H5 Resolution 50-R-14: Art Encounter Lease For Action To: Honorable Mayor and Members of the City Council From: Joe McRae, Director of Parks, Recreation and Community Services Christina Ferraro, Assistant Director of Community Services Subject: Resolution 50-R-14, Art Encounter Lease Date: July 14, 2014 Recommended Action: City staff and Human Services Committee recommend City Council adoption of Resolution 50-R-14 authorizing the City Manager to enter into an agreement for 8- month lease term for Art Encounter, Inc. for space at the Noyes Cultural Arts Center. Funding Source: Revenues are deposited into the Noyes Cultural Arts Business Unit 3710. Summary: The studio leases are for an 8-month term (05/01/2014-12/31/2014). The lease agreements for the resident artist studios at the Noyes Cultural Arts Center (NCAC) are renewed annually to allow the option for fee increases and to gain approval of the tenants’ current year community service proposals. This lease term is set to begin on May 1, 2014 and will run for eight months through December 31, 2014 as the process was delayed with the Noyes Tenant Association and Arts Council recommendations. The 2013 leases were extended through April 30, 2014 at the 2013 rates. The proposed 2014 8-month lease rates include a three percent increase from 2013. For the term beginning on May 1, 2014, Art Encounter, Inc. will rent office space room 104. This office space has been vacated by Actors Gymnasium, Inc. as they have moved to room 100. Based upon these amendments there will potentially be three vacant spaces available for rent at Noyes: B11, studio 109 and studio 108. These will be discussed at the City Council meeting in September City Council Meeting. Attachments Resolution 50-R-14 Copy of Studio Master Lease Memorandum 629 of 728 6/24/2014 50-R-14 A RESOLUTION Authorizing the City Manager to Execute a Lease Agreement with Art Encounter for Studio Space at the Noyes Cultural Arts Center WHEREAS, the City of Evanston (“City”) owns certain real property, including the property commonly known as the Noyes Cultural Arts Center (“NCAC”) at 927 Noyes Street, Evanston, Illinois; and WHEREAS, the City leases space in the NCAC to resident artists and groups including Art Encounter (“Art Encounter”), an Illinois non-for-profit corporation; and WHEREAS, on February 11, 2013, the City Council adopted Ordinance 15-O-13, which approved the lease of studio space to Art Encounter (the “Lease”); and WHEREAS, the City and Art Encounter desire to enter into a renewal agreement to reflect changes in rent and studio space being utilized; and WHEREAS, the City Council finds it to be in the best interest of the City to continue to lease NCAC studio space to Art Encounter, and to negotiate and execute a renewal lease agreement with Art Encounter, NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS: SECTION 1: The City Manager is hereby authorized and directed to execute a renewal lease agreement (the “Renewal Agreement”) by and between the 630 of 728 50-R-14 City of Evanston and Art Encounter, which is attached hereto as Exhibit “1” and incorporated herein by reference. SECTION 2: The Renewal Agreement reflects a 3% increase in the rental rate commencing June 1, 2014, updates the Noyes Cultural Arts Center Property Fees schedule, substitutes the use of Room 109 studio to Room 104 for the Renewal Agreement, and all other terms remain the same with this Renewal Agreement. SECTION 3: The City Manager is hereby authorized and directed to negotiate any additional conditions of the Renewal Agreement as he may determine to be in the best interests of the City. SECTION 4: This Resolution 50-R-14 shall be in full force and effect from and after its passage and approval in the manner provided by law. _______________________________ Elizabeth B. Tisdahl, Mayor Attest: ______________________________ Rodney Greene, City Clerk Adopted: __________________, 2014 631 of 728 50-R-14 EXHIBIT 1 RENEWAL LEASE AGREEMENT 632 of 728 This Master Studio Lease Agreement (the “Lease”) is executed on the ______ day of ___________, 2014, by and between The City of Evanston, an Illinois municipal corporation and a home rule unit of the State of Illinois ("Lessor"), and Art Encounter (“Lessee"), an arts organization. The Lessor and the Lessee shall be collectively referred to as the “Parties.” 1. RENTAL RATE A. Lessee will pay Lessor the rental rate of $558.39 per month and due on or before the 1st day of each month for the initial term of the Lease, as defined in Paragraph 2 (the “Rent”). B. LATE CHARGES. Late fees will be assessed for rent due and owning to Lessor and all other invoiced charges in the amount of 10% of the invoice or $50.00, whichever is greater. Late fees only apply if the administrative office of the Cultural Arts Division or the Department of Parks, Recreation and Community Services receives payment AFTER 5:00 p.m. on the fifth day of each month for rent and/or if payment is received after 5:00 p.m. on the due date as specified on the invoice for all other charges. Assessed late fees not paid by the due date specified on the invoice will be billed double the amount on the next billing cycle. C. The Lessee is liable for all lease fees, including any late fees or fees for additional services, and for any damage, upkeep or losses to the Noyes Cultural Arts Center (“NCAC”) to the building, furniture, personal property or equipment caused or attributable in any way to Lessee, Lessee’s invitees, Lessee’s agents or employees, during the Lease Term. Additional fees include but are not limited to: parking fees, custodial overtime, utility fees, and other accrued charges. The Lessor may bill other charges separately. See Appendix D. D. All payments shall be paid to: City of Evanston Parks, Recreation and Community Services Department Lorraine H. Morton Civic Center 2100 Ridge Avenue, Room 1100 Evanston, IL 60201 2. TERM OF LEASE A. The term of this Lease will be for 3 years and will commence on January 1, 2013 and will terminate on December 31, 2016. B. Initial Term. The initial term will commence on June 1, 2014, and will continue through December 31, 2014. C. If Applicable, Terms of Lease Continuation: All lease provisions shall remain the same through the lease termination date, except that 1) all applicable new legislation shall be herein incorporated into the terms of the Lease by reference as though specifically stated; 2) Community Service requirements between Lessee and the Lessor shall be renegotiated; 3) the Rent shall increase by an amount to be determined solely by the Lessor in consultation with the NCAC Tenants Association, but not to exceed ten percent (10%) of the previous year’s monthly Rent, and 4) the Lessor reserves the right to revise the Lessee’s insurance requirements as to type(s) of coverage and policy LESSEE DATE _______________________________________________________ ____________ 1 633 of 728 amounts. The Parties acknowledge and agree that the leased spaces at the NCAC are leased below market rental rates for comparable spaces. Prior to execution of this Lease, and within 10 days of the first month of any beginning term of this Lease, all Lessees must provide the Lessor with a copy of their Annual Charitable Organization Report Form AG900-IL filed with Illinois Attorney General (if not-for-profit) or Federal Income Tax Return 1040 Schedule C, 1120-S or 1065 (if for-profit). Lessor reserves the right to not renew the Lease Agreement, see Paragraph 12. 3. LEASED PREMISES Lessor leases to Lessee the workspace (the “Leased Premises"), situated at 927 Noyes, Suite 104, Evanston, Illinois 60201. The Leased Premises are part of a cultural arts center containing other leased spaces, a parking area and common facilities. The commercial center is known as the Noyes Cultural Arts Center. The term "Common Facilities" as used in this Lease will include those facilities within the Noyes Cultural Arts Center for the nonexclusive use of Lessee in common with other authorized users, and includes, but is not limited to, sidewalks, planted areas, open means of ingress and egress, and the parking area. 4. MOVING If the Lessor requires vacation of the Leased Premises and/or relocation within the NCAC, excluding an emergency, the Lessor will give Lessee at least sixty (60) days written notice. The Lessor will arrange for, and bear the cost of, moving Lessee’s equipment, personal property, and other items (excluding computers, wiring, and telephones) into a comparable space with comparable amenities within the NCAC. If a comparable space is not available or if Lessee/Sub-lessee does not accept the space offered by the Lessor, Lessee/Sub-lessee will vacate the Leased Premises by the end of the 60-day notice period. If Lessee fails to vacate by the date determined in writing from the Lessor, Lessee will be charged a $25.00 per day storage fee or a daily storage fee based on the per diem cost of the leased space whichever is greater. 5. CONDITION AND UPKEEP OF LEASED PREMISES Lessee represents that it has examined the Premises, and has received the Premises in good order and repair, and acknowledges that no representations to the condition or repair thereof have been made by the Lessor or its agent prior to or at the execution of this Lease that are not herein expressed or endorsed hereon. The Lessee’s taking possession shall be conclusive as evidence against the Lessee that the Leased Premises were in good order and satisfactory condition when the Lessee took possession except for a list of items to be completed or repaired, signed by the Lessor and Lessee prior to Lessee’s occupancy. No promise by the Lessor or the NCAC staff to alter, remodel, decorate, clean or improve the Leased Premises or the NCAC and no representation has been made by Lessor or the NCAC staff to Lessee respecting the condition of the Leased Premises unless the same is expressly contained herein. LESSEE DATE _______________________________________________________ ____________ 2 634 of 728 6. CARE, MAINTENANCE AND CUSTODIAL SERVICES A. The Lessee shall, at the Lessee's own expense, keep the Leased Premises in good condition and shall pay for the repair of any damages caused by the Lessee, its agents, employees or invitees. The Lessee shall keep the Leased Premises in clean condition and presentable to the public. The Lessee shall pay the Lessor for overtime wages for staff and for any other related expenses incurred in the event that repairs, alterations, decorating or other work in the Leased Premises are not made during ordinary business hours at the Lessee's request. B. Lessee will keep the Leased Premises, including all walls, surfaces and appurtenances, in good repair. At no time shall Lessee move, remove, handle, injure or disturb any property not theirs on or in the Leased Premises. Lessee shall be responsible for repairs, damages and losses for damages sustained outside the Leased Premises attributable to Lessee’s activities or invitees. All damage must be reported in writing to the Director of Parks, Recreation and Community Services, or his or her designee, by the next City of Evanston business day. Repairs by Lessee must have prior written approval by the Director of Parks, Recreation and Community Services, or his or her designee, and must occur within thirty (30) days of such approval unless the Director of Parks, Recreation and Community Services, or his or her designee, gives a prior written request or grants approval for an extension beyond the thirty (30) days. If Lessee fails to make the necessary repairs by the date determined by the Lessor, the Lessor has the option to make the necessary repairs and Lessee agrees to promptly pay for those repairs upon presentation of an invoice by the Lessor to the Lessee. The Lessor may terminate this Lease for Lessee’s failure to make the necessary repairs by the due date. Lessees are required upon lease termination to leave space in the same or better condition than at beginning of lease. Normal wear and tear excepted. See Appendix C. 7. MACHINERY, HOUSING ACCOMODATIONS, INFLAMMABLES, WATER A. Unless the Lessor gives prior written consent in each and every instance, the Lessee shall not: install or operate any steam or internal combustion engine, boiler, machinery, refrigerating or heating device or air-conditioning apparatus in or about the Leased Premises; carry on any mechanical business in the Leased Premises, use the Leased Premises for housing accommodations, lodging, or otherwise for sleeping purposes, do any cooking therein, install or permit the installation of any vending machines, use any illumination other than electric light, use or permit to be brought into the NCAC any inflammable oils or fluids such as gasoline, kerosene, naphtha and benzene, or use any explosive or other articles hazardous to persons or property. B. The Lessee shall not waste water by tying, wedging or otherwise fastening open, any faucet. C. The Lessee shall not install in the Leased Premises any equipment which uses a substantial amount of electricity without the prior written consent of the Lessor. LESSEE DATE _______________________________________________________ ____________ 3 635 of 728 8. ALTERATIONS A. The Lessee shall not do any painting or decorating, or erect any partitions, make any alterations in or additions to the Leased Premises or to the NCAC, or do any nailing, boring or screwing into the ceilings, walls or floors, without the Lessor's prior written consent in each and every instance. Unless otherwise agreed by the 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 the Noyes Cultural Arts Center: 1. plans and specifications; 2. names and addresses of contractors; 3. copies of contracts; 4. necessary permits including, but not limited to, electrical; 5. indemnification in form and amount satisfactory to the 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 the Lessor as an additional insured. B. The Lessor’s decision to refuse or approve such consent shall be conclusive. Whether 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 alterations or additions. Any mechanic's lien filed against the Leased Premises, or the NCAC of which the same form a part, for work claimed to have been furnished to the Lessee shall be discharged of record by the Lessee within ten (10) days thereafter, at the Lessee's expense, see Paragraph 11 for further terms. Upon completing any alterations or additions or at the request of the Lessor, the Lessee shall furnish the Lessor with contractors' affidavits and full and final waivers of lien(s) and use. All alterations and additions shall comply with all insurance requirements and with all ordinances, state and federal laws and regulations and other requirements of any pertinent governmental authority. All alterations and additions shall be constructed in a good and workmanlike manner and good grades of materials shall be used. C. All additions, decorations, fixtures, hardware, non-grade fixtures and all improvements, temporary or permanent, in or upon the Leased Premises, whether placed there by the Lessee or by the Lessor, shall, unless the Lessor requests their removal, become the Lessor’s and shall remain upon the Leased Premises at the termination of this Lease by lapse of time or otherwise without compensation or allowance or credit to the Lessee. If, upon the Lessor’s request, the Lessee does not remove said additions, decorations, fixtures, hardware, non-grade fixtures and improvements, the Lessor may remove the same and the Lessee shall pay the cost of such removal to the Lessor upon demand. LESSEE DATE _______________________________________________________ ____________ 4 636 of 728 9. LIMITATION ON SUBLEASES A. Lessee must obtain prior approval for any and all subleases of the Leased Premises from the NCAC Tenants Association. Lessee may sublease their space as desired, provided that the sublease does not exceed six months in any given one-year lease term. Subleases must be submitted in writing to the Director of Parks, Recreation and Community Services, or his or her designee. No locks or similar devices, other than those provided by the Lessor, shall be attached to any door. B. This Lease may not be assigned by either party without the prior written consent of the Lessor. C. Lessee understands and agrees that the NCAC and the Leased Premises are public property and that all activities and productions must be consistent with this public status. Slanderous, libelous, obscene, unlawful, or hazardous actions and/or words are prohibited. Any violation of this provision may, at the Lessor’s option, be a material breach of the Lease. D. Lessee shall not permit any alteration, renovation, installation, or addition to any part of Leased Premises, or in the public areas of the NCAC, except by the prior written consent of the Director of Parks, Recreation and Community Services or designee. The cost of all such alterations and additions to said Leased Premises shall be borne by Lessee, and shall be performed in accordance with all applicable legislation and may require Lessee to provide the Lessor in advance of such work with insurance in type, form and amount satisfactory to the Lessor. Fixtures shall remain for the benefit of the Lessor unless the Lessor determines otherwise prior to installation, and notifies Lessee in writing of said determination. Improvements made by the Lessee to the studio are fixtures if they require removal and/or replacement of an existing fixture, or installation into or on the foundation, walls, ceiling, floors or windows. 10. TERMINATION A. Any party hereto may terminate this Lease for any reason upon written notice to the other party hereto, said notice to be delivered not less than sixty (60) days prior to the first day of the month of the contemplated termination. B. The Lessor may also terminate this Lease for cause. “Cause” is a material breach of the Lease by the Lessee, including, but not limited to failure to pay rent; failure to provide all required insurance and indemnity; performances and actions inconsistent with the public ownership of the Leased Premises; and actions which create or may create a hazard to the public health, welfare and safety. The Lessor will provide Lessee an opportunity to cure any default (the “Cure Period”). The Cure Period may be up to 30 days; however, a method and schedule to cure must be provided to the Director of Parks, Recreation and Community Services in writing within 24 hours of the next business day of the Lessor’s notification to the Lessee. Lessee understands that there is no entitlement to a 30-day cure period, but subject to the discretion of the City. Thereafter, if the cure is not completed, the Lessor may terminate this Lease with fourteen (14) days notice to Lessee unless the “cause” is a fore-described hazard to the public, in which case the Lessor may terminate the Lease with five (5) days notice. C. Notwithstanding anything to the contrary elsewhere in this Lease, if Lessee fails to maintain all insurance as required by this Lease, Lessee shall, upon written notice from the Lessor, cease all operations immediately and shall have no access whatsoever LESSEE DATE _______________________________________________________ ____________ 5 637 of 728 to its Leased Premises. The Lessor shall have no liability to Lessee for any claim of lost profits, revenues or opportunities. The Lessor may, but is not obligated to, give Lessee an opportunity to comply with the insurance requirements of this Lease. In such event, the Lessor reserves the right to increase required policy limits and/or to require Lessee to purchase additional types of insurance if doing so is in the interests of the public welfare. Any cure period the Lessor gives regarding insurance may be given in increments of one business day. Any cure period given does not obligate the Lessor to give additional cure period(s). The Lessor shall have the option of declaring the Lessee in default for failure to comply with the insurance requirements of this Lease. In the event Lessee fails to provide satisfactory evidence of insurance and the Lessor has denied access, Lessee is still liable for rent of the Leased Premises and other charges as assessed. See Paragraph 14 for Insurance obligations for the Lessee. D. Holding Over; Surrender of Premises. Lessee will, at the termination of this Lease, leave the Premises in as good condition as they are in at the time of entry by lessee, except for reasonable use and wear, acts of God, or damage by casualty beyond the control of Lessee. On vacating, Lessee will leave the Premises clear of all rubbish and debris. If Lessee retains possession of the Premises or any part thereof after the termination of the term by lapse of time or otherwise, then Lessor may at its option within thirty days after termination of the term serve written notice upon Lessee that such holding over constitutes (a) renewal of this lease for one year, and from year to year thereafter, at double the rental (computed on an annual basis) specified in Section III, or (b) creation of a month to month tenancy, upon the terms of this Lease except at 200% the monthly rental specified rent. If no such written notice is served then a month to month tenancy with rental as stated at (b) shall have been created. Lessee shall also pay to Lessor all damages sustained by Lessor resulting from retention of possession by Lessee. The provisions of this paragraph shall not constitute a waiver by Lessor of any right of re-entry as hereinafter set forth; nor shall receipt of any rent or any other act in apparent affirmation of tenancy operate as a waiver of the right to terminate this Lease for a breach of any of the covenants herein. 11. LIENS AND INDEMNITY A. Liens and Encumbrances. The Lessee will hold the Lessor harmless from all claims, liens, claims of lien, demands, charges, encumbrances or litigation arising out of any work or activity of Lessee on the Premises. Lessee will, within Sixty (60) days after filing of any lien, fully pay and satisfy the lien and reimburse Lessor for all resulting loss and expense, including a reasonable attorney's fees. Provided, however, in the event that Lessee contests any lien so filed in good faith and pursues an active defense of said lien, Lessee shall not be in default of this paragraph. However, in the event of any final judgment against Lessee regarding such lien, Lessee agrees to pay such judgment and satisfy such lien within 60 days of the entry of any such judgment. B. If Lessee fails to fully discharge any claim, lien, claim of lien, demand, charge, encumbrance, or litigation, or should proceedings be instituted for the foreclosure of any lien or encumbrance, and if judgment is rendered against Lessee either by a court of competent jurisdiction or by arbitration and Lessee still persists in non-payment of the same within the 60 day set forth above, Lessor will have the right at any time after expiration of the 60-day period, to pay the lien or encumbrance. All amounts so paid will LESSEE DATE _______________________________________________________ ____________ 6 638 of 728 be repaid by the lessee on demand, together with interest at the rate of __10__% per year from the date of payment and shall be considered additional rent owed to Lessor by Lessee. C. Lessee shall defend, indemnify and hold harmless Lessor and its officers, elected and appointed officials, agents, and employees from any and all liability, losses, or damages as a result of claims, demands, suits, actions, or proceedings of any kind or nature, including without limitation costs, and fees, including attorney’s fees, judgments or settlements, resulting from or arising out of any negligent or willful act or omission on the part of the Lessee or Lessee’s subcontractors, employees, agents or subcontractors during the performance of this Lease. Such indemnification shall not be limited by reason of the enumeration of any insurance coverage herein provided. This provision shall survive completion, expiration, or termination of this Lease. Nothing contained herein shall be construed as prohibiting City, or its officers, agents, or employees, from defending through the selection and use of their own agents, attorneys, and experts, any claims, actions or suits brought against them. Lessee shall be liable for the costs, fees, and expenses incurred in the defense of any such claims, actions, or suits. Nothing herein shall be construed as a limitation or waiver of defenses available to City and employees and agents, including without limitation the Illinois Local Governmental and Governmental Employees Tort Immunity Act, 745 ILCS 10/1-101 et seq. All provisions of this section shall survive completion, expiration, or termination of this Agreement. 12. NON-RENEWAL Notwithstanding the provision of Paragraph 2 of this Lease, the Lessor may decline to renew the Lease, upon 21 days written notice to the Lessee or sooner, if in the Lessor’s sole determination, Lessee’s use creates a hazard to the public health, welfare or safety. Lessee shall be afforded the opportunity to cure defects and/or hazards prior to non-renewal or termination of lease upon written request by Lessee and with written approval by the Director of Parks, Recreation and Community Services, or his or her designee, and at Lessee’s own expense. 13. COMMUNITY SERVICE Lessee hereby covenants and agrees to perform during the term of this Lease the Community Service responsibilities as more fully set forth and defined in Appendix B. The terms of Appendix B are incorporated herein by reference. 14. INSURANCE LIABILITY PROVISIONS A. Comprehensive General Liability Policy. Lessee shall, during the entire term hereof, keep in full force and effect a Comprehensive General Liability policy with respect to the Leased Premises, and the business operated by the Lessee and any subtenants of the Lessee in the Leased Premises, in which bodily injury limits and property damage limits shall be as set forth in Appendix E to this Lease. Lessee shall also insure the following indemnity provisions and such agreement shall be clearly recited in the Insurance Policy: “Lessee covenants and agrees that it will protect and save and keep the Lessor forever harmless and indemnified against and from any penalty or damages or charges LESSEE DATE _______________________________________________________ ____________ 7 639 of 728 imposed for any violation of applicable laws or ordinances, including, but not limited to, violations of the ADA, or for any penalty or damages imposed as a result of accidents or other occurrences, relating to Lessee’s use of the Leased Premises or the NCAC whether occasioned by neglect of Lessee or those holding under Lessee, and including, but not limited to issues arising or alleged to have arisen out of failure to comply with the ADA. The Lessee shall indemnify, protect and hold harmless the City of Evanston, its agents, officials and employees, against all injuries, deaths, loss, damages, claims, patents’ claims, suits, costs and expenses that may in anywise accrue against the City in consequence of the granting of this lease or which may in anywise result therefrom, whether or not it shall be alleged or determined that the act was caused through the negligent act or omission of the Lessee or his employees, if any, and the Lessee shall, at his own expense, appear, defend and pay all charges of attorneys and all costs and other expenses arising therefrom or incurred in connection therewith; and, if any shall be rendered against the City in any such act, the Lessee shall, at his own expense, satisfy and discharge same.” In the event of any conflict between the language of the insurance policy(s) and the above-recited indemnity provisions, the indemnity provision stated above shall govern. B. Certificate of Insurance. Lessee and any Sub-lessees shall furnish the original Certificate of Insurance to the Director of Parks, Recreation and Community Services or designee. The Certificate of Insurance must run concurrent with this Lease term and all terms of renewal set forth in Paragraph 2. The Certificate must name the Lessor as an additional insured with an insurance company acceptable to the Lessor and it shall be the responsibility of the Lessee to furnish the Director of Parks, Recreation and Community Services or designee with updated, original Certificates of Insurance covering the current lease term. The City of Evanston must be named as an additional insured on the Lessee’s policy and failure to do so is a material breach of this Lease. Updated Certificates must be received no later than the current Certificate expiration date held by Lessor. Lessee and Sub-lessee shall furnish, where requested, a certified copy of the policy to the Lessor. Lessee will instruct the Insurance Company to notify the Lessor of any changes or cancellation of Policy. The Policy will provide, in the event the insurance should be changed or cancelled, such 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 plus Policyholder’s Rating established by the Alfred M. Best Company will not be acceptable. All Lessees must provide evidence satisfactory to the City of Evanston of compliance with the insurance requirements of this Lease before or at the signing of a new Lease and before renewing a Lease. Tenant shall not contract for any permanent improvements to the Leased Improvements without the Landlord’s prior written consent. If Landlord approves the improvements, the City of Evanston shall be named as an additional insured on the policy of the contractor in an amount no less than a Comprehensive General Liability limit of $3,000,000. 15. ADDITIONAL INSURANCE The Lessor reserves the right to require additional insurance from Lessee and any Sub- lessees because of any increased risk, improvements made by Lessee or any Sub- lessees or liability not satisfactorily covered, in the Lessor’s sole opinion, by the above LESSEE DATE _______________________________________________________ ____________ 8 640 of 728 insurance requirements, and Lessee agrees to promptly provide same. 16. AMERICANS WITH DISABILITIES ACT (“ADA”) All Noyes Resident Artist classes, programs and activities are subject to all applicable laws regarding non-discrimination, including the ADA. ADA prohibits discrimination on the basis of disability. Reasonable accommodations must be made in all NCAC activities and services to enable participation by an individual with a disability. Compliance with the ADA in respect to Lessee/Sub-lessee’s activities is the responsibility of Lessee/Sub-lessee. 17. NON-LIABILITY OF LESSSOR The Lessor will neither be liable for any damage nor loss of revenue occasioned by failure to keep the building in repair, including but not limited to: lights and fuses and any problems associated with electrical malfunctions; the heat not operating properly; any damage or loss of revenue caused or occasioned by or from plumbing, gas, water, sprinkler, steam or other pipes or sewage; the bursting, leaking or running of any pipes, tank, or plumbing fixtures, in, above, upon or about the building; any damage or loss of revenue caused or occasioned by water, snow or ice being upon or coming through the roof, skylights or trap; neglect of any owners or occupants of adjacent or contiguous property; or by public or private nuisances, regardless of cause or sources. 18. FIRE/CASUALTY A. If a substantial portion of the Leased Premises or the NCAC is made untenantable by fire or other casualty, the Lessor may elect to: 1. Provide available comparable space within the NCAC, or repair the Leased Premises within sixty (60) days. If the Lessor elects to repair the Leased Premises option but fails to repair the Premises within sixty (60) days or upon the destruction of premises by fire, the Lease term shall cease as of the date of the casualty. All outstanding debts and Rent accruing to the Lessor from Lessee prior to date of casualty whether invoiced prior to casualty or not must be paid to the Lessor. The Rent will be calculated on a per diem basis prior to the date of the casualty. 2. To terminate this Lease as of the date of the fire or casualty by notice to the Lessee within sixty (60) days after that date, or 3. Proceed with all due diligence to repair, restore or rehabilitate the NCAC and/or the Leased Premises at the Lessor’s expense, in which latter event this Lease shall not terminate. 4. In the event the Lease is not terminated pursuant to these provisions, rent shall abate on a per diem basis during the period of untenantability. In the event that the NCAC or the Leased Premises are partially damaged by fire or other casualty but a substantial portion of the NCAC or the Leased Premises are not made untenantable, then the Lessor shall proceed as promptly as it can under the circumstances to repair and restore the Leased Premises or the NCAC and the rent shall abate in proportion to the non-usability of the Leased Premises during the period of untenantability. If an insubstantial portion to the Leased Premises is made untenantable, the Lessor shall have the right to terminate this Lease as of the date of the fire or other casualty by giving written notice thereof to Lessee within sixty (60) days after the date of fire or LESSEE DATE _______________________________________________________ ____________ 9 641 of 728 other casualty, in which event the rent shall be apportioned on a per diem basis and paid to the date of such fire or other casualty. 5. If the Leased Premises or the NCAC are made untenantable or not useable for the purposes allowed in this Lease, the security deposit will be refunded to Lessee if, and as a result of, war, terrorism, insurrection, civil commotion, riots, acts of God or the enemy, governmental action, strikes, lockouts or picketing, such condition continues for a period of one week, then Lessee shall have the right to terminate this Lease retroactively as of the date of the untenantability or unusable condition, by giving the Lessor written notice and vacating the Leased Premises immediately. Such right to terminate shall be Lessee's sole remedy and under no circumstances shall the Lessor have any liability for damages of any nature whatsoever, including, without limitation, business interruption, incidental or consequential. B. Lessee shall have no recourse for any type of compensation, damages, reimbursement, costs, or insurance proceeds whatsoever against the Lessor for any artwork or other property of any type which was lost or damaged by fire or other casualty, or for any artwork or other property of any type which remains in the Leased Premises or in or on any location owned or operated by the Lessor after lease termination or non renewal. 19. OCCUPATIONAL HEALTH AND SAFETY ACT (“OSHA”) Lessee covenants and agrees that the use of any and all power tools, chemicals, or other harmful or potentially harmful products, devices, or materials on the Leased Premises by Lessee, its agents, employees, students, or any individuals shall be under the care, control or tutelage of Lessee shall be governed by the Occupational Health and Safety Act of 1980 as now or hereafter as amended. 20. SECURITY DEPOSIT Lessee agrees to deposit with the Lessor a sum equal to one month’s rent upon the execution of this Lease, as security for the full and faithful performance by Lessee of each and every term, provision, covenant, and condition of this Lease. If Lessee defaults with respect to any of the terms of this Lease including, but not limited to, payment of the rent, the Lessor may use, apply, or retain the whole or any part of the security deposit for the payment of the delinquent rent in default, or for any other sum which the Lessor may expend or be required to expend by reason of Lessee's default including, without limitation, any damages or deficiency in the re-letting of the Leased Premises whether such damages or deficiency shall have accrued before or after any re-entry by the Property’s Owner. If any of the security deposit shall be so used, applied or retained by Lessor at any time or from time to time, Lessee shall promptly, in each such instance, upon rendition of an invoice and/or on written demand therefore by the Lessor, pay to the Lessor such additional sum as may be necessary to restore the security to the original amount set forth in the first sentence of this paragraph. Except as otherwise required by law, Lessee shall not be entitled to any interest on the aforesaid security. In the absence of evidence satisfactory to the Lessor of an assignment of the right to receive the security or the remaining balance thereof, the Lessor may return the security deposit to the original Lessee, regardless of one or more assignments of this Lease. Upon the transfer of the Lessor’s interest under this Lease, LESSEE DATE _______________________________________________________ ____________ 10 642 of 728 the Lessor’s obligation to Lessee with respect to the security deposit shall terminate upon assumption of such obligation by the transferee. 21. ATTORNEY’S FEES Lessee shall pay and discharge all costs, attorney fees and expenses that shall be made and incurred by the Lessor in enforcing the agreements, including any and all litigation related matters, of this Lease and all the parties to this lease agree that the agreements herein contained shall be binding upon, apply, and inure to their respective successors and assigns. 23. THE LESSOR’S ACCESS TO LEASED PREMISES The Lessor shall have the right to retain a set of keys to the Leased Premises, and Lessee shall not change any locks without the Lessor's prior written authorization, and without providing the Lessor with keys for such new locks. The Lessee shall permit the Lessor to erect, use and maintain pipes, ducts, wiring and conduits in and through the Leased Premises. The Lessor or the Lessor's agents shall have the right to enter upon the Leased Premises with 24 hours prior written notice or without notice in case of an emergency, to control heat, electricity and air conditioning, to inspect the same, and to make such decorations, repairs, alterations, improvements or additions to the Leased Premises or the NCAC as the Lessor may deem necessary or desirable, and the Property’s Owner shall be allowed to take all material into and upon Leased Premises that may be required therefore without the same constituting an eviction of the Lessee in whole or in part and the rent reserved shall in no wise abate while said decorations, repairs, alterations, improvements, or additions are being made, by reason of loss or interruption of business of the Lessee, or otherwise. If the Lessee shall not be personally present to open and permit an entry into Leased Premises, at any time, when for any reason an entry therein shall be necessary or permissible, the Lessor or the Lessor's agents may enter the same by using the key, or may forcibly enter the same, without rendering the Lessor or such agents liable therefore (if during such entry the Lessor or the Lessor's agents shall accord reasonable care to Lessee's property), and without in any manner affecting the obligations and covenants of this Lease. Nothing herein contained, however, shall be deemed or construed to impose upon the Lessor any obligations, responsibility or liability whatsoever, for the care, supervision or repair of the NCAC or any part thereof, other than as herein provided. The Lessor shall also have the right at any time without the same constituting an actual or constructive eviction and without incurring any liability to the Lessee therefore, to change the arrangement and/or location of entrances or passageways, doors and doorways, and corridors, stairs, toilets or public parts of the NCAC, and to close entrances, doors, corridors or other facilities. The Lessor shall not be liable to the Lessee for any expense, injury, loss or damage resulting from work done by persons other than the Lessor in or upon, or the use of, any adjacent or nearby building, land, street, or alley. 24. NOTICES All notices, requests, demands and other communications which are required or permitted to be given under this Lease shall be in writing and shall be deemed to have been duly given upon delivery, if delivered personally, or on the fifth (5) day after mailing LESSEE DATE _______________________________________________________ ____________ 11 643 of 728 if sent by registered or certified mail, return receipt requested, first-class postage prepaid, as set forth below. Faxed communications are a convenience to the parties, and not a substitute for personal or mailed delivery. If to the City: Director of Parks, Recreation and Community Services City of Evanston 2100 Ridge Avenue Evanston, Illinois 60201 Fax (847) 448-8051 Phone (847) 866-2914 with a copy to: Law Department City of Evanston 2100 Ridge Avenue, Room 4400 Evanston, Illinois 60201 Fax (847) 448-8093 Phone (847) 866-2937 If to the Lessee: at the address first above written. 25. RIDERS All riders attached to this Lease and initialed by the Lessor and the Lessee are hereby made a part of this Lease. 26. MISCELLANEOUS A. Applicable Law. Lessee agrees to observe all applicable legislation and regulations in its tenancy and use of the Leased Premises. The law of Illinois, including its conflicts of law provisions, shall apply to interpretation and enforcement of this Lease. B. Litigation. In the event of litigation or claim(s) against the City arising out of this Lease by anyone other than the Lessee, the Lessee shall cooperate fully with the City. In the event of litigation between the parties to this lease, the parties waive trial by jury. Venue shall be within Cook County, Illinois. C. Severability. In the event any provision(s) of this Lease are found by a court of competent jurisdiction to be in violation of applicable law, provision(s) unaffected thereby shall be in effect. D. Entire Agreement. This Lease shall constitute the entire understanding of the parties hereto, superseding any and all prior agreements, whether written or oral. 27. AMENDMENTS This Lease may not be modified or amended except in writing signed by both parties hereto. LESSEE DATE _______________________________________________________ ____________ 12 644 of 728 IN WITNESS WHEREOF, the parties have executed this lease on the day of , 2014. LESSOR: CITY OF EVANSTON an Illinois municipal corporation By:___________________________________ Its: Print Name: ___________________________ ATTEST:________________________ City Clerk LESSEE: By: ___________________________________ Print Name: ____________________________ ATTEST: _______________________ LESSEE DATE _______________________________________________________ ____________ 13 645 of 728 APPENDIX A FLOOR PLAN NOTE: 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.. Shaded areas on the floor plan(s) above represent space(s) the Lessor has agreed to lease to Lessee, to be used for: and reasonable related activities of Lessee with prior written approval by the Director of Parks, Recreation and Community Services or designee. LESSEE DATE _______________________________________________________ ____________ 14 646 of 728 APPENDIX B COMMUNITY SERVICE REQUIREMENTS FOR 6/1/14 through 12/31/14 REQUIRED AMOUNT: $586.31 COMMUNITY SERVICE. Community Service activities written above must take place between 6/1/14 and 12/1/14 Community Service Proposals for subsequent one-year lease terms must be submitted in writing to the NCAC Tenants Association by November 1, 2014. All Community Service Proposals for each upcoming term must be submitted by November 1 of each year, and must be renegotiated and approved by the NCAC Tenants Association in advance of the next term of the lease. In the event the Lessee does not satisfactorily perform said cultural Community Service, as outlined above during the term of the lease, the Lessee shall pay the Lessor a prorated sum based on the value of the outstanding requirement that shall not exceed 15% of the total annual rent. Said prorated sum will be billed to Lessee. A six-month Community Service Activity Report form must be submitted to the Director of Parks, Recreation and Community Services or designee no later June 30 and December 31 of each lease year term. Subsequent renewal of this lease shall be conditioned upon the completion of said Community Service in a manner satisfactory and acceptable to the Lessor 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 the Lessor, the Director of Parks, Recreation and Community Services or designee can require the terminating Lessee to perform its obligated Community Service requirements prior 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 the Lessor as a result of unperformed obligations. LESSEE DATE _______________________________________________________ ____________ 15 647 of 728 APPENDIX C RULES AND REGULATIONS OF THE NOYES CULTURAL ARTS CENTER CONDITIONS: Lessee and its staff, students, visitors, and patrons agree to follow and obey the General Rules and Regulations of the Noyes Cultural Arts Center (NCAC). Said Rules and Regulations are listed below and subject to modification as distributed and/or posted. 1. REQUIRED USAGE. Each Leased Premises is required to be used a minimum of 25 hours per week. A six-month report certifying tenancy of 25 hours per week must be submitted to the Director of Parks, Recreation and Community Services or designee no later June 30 and December 31 of each lease year term. Failure to provide the required reports and/or meet minimum requirements for use of the Leased Premises will be grounds for termination of lease. 2. SURCHARGE. A. All non-Evanston residents (individuals only) are assessed a 20% surcharge on rent. The 20% surcharge will not be applicable to non-Evanston resident Sub-lessees if the Lessee (individuals only) is an Evanston resident. The 20% surcharge is applicable to a non-Evanston resident Sub-lessee only if and when the Sub-lessee assumes the remainder of the entire lease or a co-lease, or upon lease termination by Lessee or the Lessor. In order for an Organization to be exempt from incurring a 20% surcharge, its principal place of business must be in Evanston. Organizations must attach Articles of Incorporation to this Lease. B. Monthly rental charges assessed to Sub-lessees will not be in excess of one-half the rent charged to Lessee by the Lessor. A written sublease agreement between Lessee and Sub-lessee must be given to the Lessor covering the lease terms prior to Sub-lessee’s use of space. The sublease agreement must include the payment schedule and the dollar amount paid by Sub-lessee to Lessee. Community service obligations assessed to Sub-lessee are in addition to the full obligation assessed to Lessee. Therefore, the Community Service obligations assessed to Lessee will not decrease as a result of a sublease. 3. RESIDENT. For purposes of this Lease, an individual is a “resident” of Evanston if his/her current driver’s license and voter registration card shows an Evanston address. Parties must notify the Director of Parks, Recreation and Community Services or designee in writing within ten (10) days of any address change. Upon request of the Director of Parks, Recreation and Community Services or designee anytime, Lessee must promptly present a current driver’s license, voter registration card, utility bill and any other proof of residency required by the Lessor. Failure to submit notification of a non-Evanston residency will result in a retroactive assessment to include applicable late fees for each month or portion of any month for which a non-Evanston residency was established. 4. NOYES CENTER NOTICES AND SIGNAGE. Lessees wishing to have banners hung, notices displayed, or other material(s) displayed on poles or in the public areas of LESSEE DATE _______________________________________________________ ____________ 16 648 of 728 the NCAC or grounds including Tallmadge Park and all public area activities announcement bulletin board(s), doors or walls must obtain prior written approval from the Director of Parks, Recreation and Community Services or designee before having material(s) hung or displayed. Lastly, the Lessee and any sub-Lessees acknowledge that the City’s Fire Ordinance Title 4, Chapter 12, other applicable provisions within the City Code, and the Parks, Recreation and Community Services Department’s Banner Policy govern the activities listed. 5. SMOKING. Smoking is prohibited in or within 25 feet from the entrance of the NCAC by the City Code. The code is strictly enforced. Violations are punishable by fines up to and including $750.00 and may constitute a breach of this lease resulting in termination. 6. ALCOHOL. The consumption of alcohol in the NCAC is permitted, pursuant to a Class Z3 or Class Z4 liquor license as stated in the Evanston City Code. Such special one-day licenses shall be issued subject to the conditions more fully stated in the City Code and incorporated herein as if fully stated. 7. ACCIDENTS & POLICE REPORTS. A. Any incident or injury involving persons at the NCAC (whether medical attention is received or not given), while attending an activity under the direction of Lessee and/or staff member of Lessee, or pre-approved user by the Lessor whether occurring in a Lessee’s studio space, Community Use Rental space or public area of the NCAC, must be reported on an Accident Report form obtained at the administrative office of the NCAC. Such reports are to be submitted to the Director of Parks, Recreation and Community Services or designee no later than 5 p.m. on the next City of Evanston business day or sooner following the accident. B. Lessee is responsible for reporting to the Director of Parks, Recreation and Community Services or designee no later than the next City business day all incidents under the direction of Lessee and/or staff member of Lessee, occurring at the NCAC and/or on the NCAC grounds (Tallmadge Park adjacent to the NCAC) which result in a Police Report being made by the Evanston Police Department. Upon completing the Police Report, the Lessee must obtain from the Reporting Officer a card bearing the case number and a copy of the Police Report, and submit it to the Director of Parks, Recreation and Community Services or designee not later than 5 p.m. on the next City of Evanston business day or sooner after the Police Report is available. 8. OBSTRUCTIONS. A. Lessee will not use, or store at any time, any belongings in any non-leased space, or public areas of the NCAC without prior written consent of the Director of Parks, Recreation and Community Services or designee, or in any leased or non-leased space in violation of City of Evanston Fire Prevention Code F-601.1 “Obstructions,” as it may be subsequently amended: “A person shall not at any time place an encumbrance of any kind before or upon any fire escape, balcony or ladder intended as a means of escape from fire. The means of egress from each part of the building, including stairways, egress doors and any panic hardware installed thereon, aisles, corridors, LESSEE DATE _______________________________________________________ ____________ 17 649 of 728 passageways and similar elements of the means of egress, shall at all times be maintained in a safe condition and shall be available for immediate use and free of all obstructions.” Failure to observe the provisions of this paragraph may subject the Lessee to a fine of up to $750.00 per day/per violation and/or to non-renewal of this lease. B. Lessee will not display its furnishings in any non-leased space without prior written approval of the Director of Parks, Recreation and Community Services or designee, and will not allow its staff, students, patrons or participants to conduct any practice event or events related to Lessee’s activities in the public areas of the NCAC. Failure to comply with this provision may result in the City’s refusal to renew this lease for a second and/or third term. 9. INTERFERENCE/TENANTS. Lessee covenants and agrees that Lessee will exercise all due caution, care and control to prevent any interference on the part of Lessee, its agents, employees, students, or other individuals under the care, control or influence of Lessee, with the practice of art by other tenants in the NCAC building. Lessee recognizes that, due to the use of the building wherein the leased premises are located as a cultural arts center, an extraordinary amount of patience and consideration must necessarily be exercised by all parties to promote the creation of art. 10. TIME OF USE. The NCAC building will be locked at all times when not open in accordance with the schedule posted in this lease. Access to the building by Lessee, its employees, agents, guests, students, or any other individual who shall seek access to the building by nature of their relationship with Lessee, shall be limited to the hours designated by the Lessor for the NCAC’s building’s use. Exceptions to this provision may be made in extraordinary circumstances where Lessee applies in writing, in advance to Director of Parks, Recreation and Community Services or designee. Lessee will have the right to use its Leased Premises only during normal hours and days of operation of the NCAC. Said normal hours may be changed by the Lessor. In the event of such changes, resulting in a reduction of hours, Lessee will not be entitled to a reduction in rent or Community Service obligations. Unless required by the City’s best interests or particular existing conditions the open hours between 7:30 a.m. and 11:00 p.m. on Monday through Saturday and between 10:00 a.m. and 6:00 p.m. on Sunday. The Center will be closed on holidays/days as observed by the City of Evanston. Lessee understands and agrees that Lessee’s rent will not be reduced for the weeks in which the aforesaid holidays occur. The Director of Parks, Recreation and Community Services or designee will notify Lessee of additional dates the NCAC will be closed in addition to those dates stated in Appendix C. The Lessee may, by written arrangement with the Director of Parks, Recreation and Community Services or designee, use the Leased Premises or other rental spaces during other than normal hours and days of operation. In this event, Lessee will pay for overtime custodial charges necessary to keep/have the NCAC open beyond normal building hours in addition to a $66.00 service fee utility charge and rental charges associated with rental space and equipment if applicable. LESSEE DATE _______________________________________________________ ____________ 18 650 of 728 11. ACCESS AND KEYS. A. If access is to be gained to Lessee’s studio(s) by individuals other than the Lessee, the Lessee is required to submit an “Access Form” available at the office, authorizing access for that individual. Lessee will forever hold the Lessor harmless for any actions and/or omissions of individuals, and for any damage to, or loss of, contents of Lessee’s studio(s), mail or mailboxes. B. Keys to the Leased Premises are available at the office of the Lessor. Lessee will receive two keys free of charge affording access to only the particular areas leased hereunder. See Lease Paragraph 9. The Lessor prohibits the reproduction of keys. Lessee and those holding keys under Lessee will not reproduce keys. The office of the NCAC will maintain records of all keys issued and returned. Keys will only be ordered and issued when the office receives a written request from the Lessee or by those names listed on Lessee’s prior written authorization. The Lessee or its authorized agent will receive notification when keys are ready to be picked up. Only the individual receiving the key(s) can sign for that key(s). There will be a $5.00 charge per key for all keys except in cases where the Lessor incurs a charge more than $5.00 per key to reproduce. Payment(s) for keys must occur at the time the individual receives the key(s). Upon lease termination date, in compliance with the Lease terms, Lessee will pay any cost relating to the lock/core repair or replacement if the Lessor requests this change or if all keys issued under Lessee’s or Lessees’ designees authorization are not returned or anytime during this lease if the Director of Parks, Recreation and Community Services, or designee, determines that any such replacement is necessary. No part of Lessees’ security deposit will be returned until all property of the City of Evanston has been returned and all obligations are fulfilled in accordance with the provisions recited in this lease. 12. STORAGE, DANGEROUS MATERIALS. A. It shall be unlawful and shall constitute grounds for immediate termination of this lease if Lessee engages in any activity involving the handling, storage, or use of materials or substances which are flammable or of materials, substances, or devices which are hazardous, as defined in section F2302.0 of the BOCA National Fire Prevention Code of 1993, or to maintain, store, or use any such flammable or hazardous materials or to conduct processes producing such flammable or hazardous conditions, except with the prior written request and prior written approval of the Director of Parks, Recreation and Community Services or designee, and the Evanston Fire Department, and in accordance with all applicable legislation. The code is strictly enforced. Violations are punishable by fines up to and including $750.00 and may constitute a breach of this lease resulting in termination. B. Lessee will not use or permit the use or storage on the premises of materials for which ventilation is required for safe usage without the prior written consent of the Lessor or the Director of Parks, Recreation and Community Services or designee. Lessee will store all potentially dangerous and/or flammable materials in a fireproof cabinet(s) and/or fireproof container(s) at all times when not in use. The decision of the Lessor or Director of Parks, Recreation and Community Services or designee, with reference to the nature of the materials and its safe usage shall be conclusive. The Director of Parks, Recreation and Community Services or designee and/or Fire LESSEE DATE _______________________________________________________ ____________ 19 651 of 728 Department officials will perform unannounced periodic fire/safety inspections in all leased spaces for compliance. All Lessees must grant access for same. The code is strictly enforced. Violations are punishable by fines up to and including $750.00 and may constitute a breach of this lease resulting in termination. 13. DISPOSAL OF REFUSE It is the responsibility of the Lessee to discard its own refuse into the exterior dumpster that does not fit in a standard 20” X 15” trash receptacle. The City of Evanston is not equipped to and does not pick up construction debris to include drywall or cement. However as a courtesy to Lessee, the City will allow Lessee to discard its refuse specified in this paragraph. The City reserves the right to not provide this service at any time during this Lease. Lessee will observe the following guidelines: All refuse must be bagged to prevent blowing or scattering. At no time will Lessee discard refuse in the City dumpsters causing the dumpster to total over 500 lbs. per refuse pick-up by the City. The City will accept scrap metal; scrap metal and bulk pick ups are by appointment and are not collected by the regular crew. It is the Lessee’s responsibility to notify the Department of Public Works to pick up any refuse that is placed outside the dumpster. The weight of the scrap metal will not be added to the refuse weight placed in the dumpsters. All items including wood to be discarded must be broken up into sizes not to exceed 2’ x 2’ x 2’. At no time will Lessee be permitted to discard any bulk wood (tree branches, tree stumps, larger than 3 inches in diameter) or ANY hazardous waste including but not limited to: gas, oil, asbestos, car parts, tires, aerosol paints, cleaning products, drain cleaners, fluorescent lamp bulbs, oil-based paints, household batteries, insecticides, paint thinners, solvents, used motor oil and herbicides, latex paints, fire extinguishers, fireworks, lead-acid batteries, or smoke detectors, 14. SPACE HEATERS. Lessee shall abide by the manufacturer’s safety information before using a space heater. Heaters shall have the UL, FM or other testing agency label. Space heaters shall have tip-over protection: audible alarm or automatic shut off. Do not leave the heater unattended. Space heaters shall have safety features if the device overheats. In addition, space heaters will not be used in conjunction with extension cords. When operating, space heaters must have at least three feet of clear, unobstructed space in all directions. The code is strictly enforced. Violations are punishable by fines up to and including $750.00 and may constitute a breach of this lease resulting in termination. 15. COMBUSTIBLES. All combustibles are to be kept a minimum of three feet away from electrical equipment. All combustible and flammable materials shall be stored in accordance with Fire Code. It is the responsibility of the Lessee to provide the appropriate storage cabinets. The code is strictly enforced. Violations are punishable by fines up to and including $750.00 and may constitute a breach of this lease resulting in termination. 16. EXTENSION CORDS. Extension cords are permitted as long as acceptable load LESSEE DATE _______________________________________________________ ____________ 20 652 of 728 limits are not exceeded. “Fire Prevention Code Section F-310.5 Extension Cords: Extension cords and flexible cords shall not be a substitute for permanent wiring.” If space heaters are continued to be used, permanent wiring shall be installed. Surge protectors can be used only in relation to operation of office computer-related equipment. 17. FIRE EVACUATION PLAN. It will be the Lessee’s responsibility to post in its studios a copy of the fire evacuation plan and to inform its studio users of the evacuation plan. When the Fire Alarm sounds, whether it is a fire, false alarm, or fire drill, everyone is to evacuate the NCAC immediately and safely. Leased spaces are to be left unlocked in case fire fighters need access. The meeting place during fire emergencies is Tallmadge Park, just north of the NCAC parking lot. Individuals other than the Fire Department and designated authorities are not to block and/or occupy the parking lot, pavement areas or sidewalks around perimeter of the NCAC. Everyone is to remain on the Tallmadge Park grounds grass area until advised otherwise by either the Fire Department or Staff. The code is strictly enforced. Violations are punishable by fines up to and including $750.00 and may constitute a breach of this lease resulting in termination. 18. ELEVATOR AND CHAIR LIFT. The Elevator and chair lift are to be used to transport passengers only. 19. LESSEE/CO-LESSEE. In the event a Co-lessee (not Sub-lessee) terminates its lease, the Lessor will determine if the space will be put on the market for lease or accept the remaining party as the sole Leaseholder of the space. The remaining party can request approval from the City of Evanston that another party be approved to either sublease or co-lease for the duration of the lease term or shorter term. All guidelines outlined in the NCAC’s studio application packet must be adhered to. Full compliance includes full payments for security deposits, Community Service activity and rent, as well as all other obligations imposed hereunder by this lease. Upon the Director of Parks, Recreation and Community Services or designee’s direction or upon the request of the remaining Lessee, the Director of Parks, Recreation and Community Services or designee can require the terminating Lessee to perform their obligated Community Service requirements at an arranged rescheduled time or prior to terminating and/or prior to the lease termination date. If the terminating Lessee does not perform its obligated Community Service requirement, the terminating Lessee will be billed and will promptly pay the sum of the unperformed obligation. 20. ABANDONMENT. Lessee is required to notify the Director of Parks, Recreation and Community Services or designee if Lessee will not occupy its studio for more than seven consecutive days. If the Lessee abandons the unit for thirty (30) consecutive days or more, the Lessor shall attempt to rent the unit at the current rental rate. This shall include the acceptance of reasonable subleases. If the Lessor succeeds in renting the unit at the current rental rate, the abandoning Lessee shall be liable for the amount due from the date of abandonment to the new rental agreement approved by the LESSEE DATE _______________________________________________________ ____________ 21 653 of 728 Lessor. If the Lessor is unsuccessful at re-renting the unit, the abandoning Lessee shall be liable for rent due for the period of the rental agreement. In either event, the Lessee shall be liable for all expenses incurred by the Lessor or imposed by the Lessor as a result of Lessee’s abandonment or non-use of space. 21. PARKING REGULATIONS. Annual parking permit fees will be billed separately in monthly installments to the Lessee and are to be paid on or before the first of each month. Parking permit fees are not prorated. All annual parking permits issued will be billed for the entire year and are not returnable with the exception of permits which are transferred. There will be a $25.00 transfer fee assessed for all annual permits which are to be reissued unless: 1) either the old permit or remnants of the old permit is returned displaying the lot number and the permit number minimally; or 2) proof by a bill of sale is produced as evidence of no longer owning the vehicle. Monthly and annual parking permits for the NCAC parking Lot #51 are authorized only for Leaseholders, Sub-lessees, staff and/or students attending classes at Noyes on a regular basis. Parking permits are not to be transferred to vehicles other than the vehicle for which the permit was issued unless prior written approval by the Director of Parks, Recreation and Community Services is obtained. Parking Permit privileges are limited to attendance at the NCAC. Parking Permit privileges will be considered by the Director of Parks, Recreation and Community Services or designee for other regular NCAC users on a case-by-case basis. All Authorization Forms must be signed by the Leaseholder or the Leaseholder’s prior written and arranged designee, and by an NCAC staff member before parking permits can be purchased. Temporary one-day parking permits are available for individuals attending special functions at the NCAC, and for visitors and others who are pre-approved by the Director of Parks, Recreation and Community Services or designee. Temporary parking permits are not available to parents or caregivers waiting for students attending classes. Lessee understands, and will inform its staff, students and patrons to observe all posted parking regulations. Parking permits will not be issued to individuals with an expired driver’s license. Resolution of all parking citations issued to Lessee for the NCAC lot is a prerequisite to renewal of this Lease. LESSEE DATE _______________________________________________________ ____________ 22 654 of 728 APPENDIX D LESSEE COSTS ASSOCIATED WITH LEASE 1. COMMUNITY USE SPACES. Lessee shall have the right to use only the Leased Premises described on page #1 in the lease for the operation of its day-to-day activities as written in Appendix A. Lessee may from time to time, pursuant to arrangements made in advance with and approved by the Director of Parks, Recreation and Community Services or designee, make use of certain other areas, i.e., the Theatre, Studio #106 or the Noyes Center Galleries (see info on Gallery usage below) or other areas on a fee basis (see fee matrix attached for Lessee rates). Lessees using the above spaces for purposes other than arts activities as written in Appendix A may be required to provide additional insurance. When the use of said areas involves the execution of a Community Service project and when the Lessee offers a program of cultural significance to the public free of charge, such rates may be waived at the discretion of the Director of Parks, Recreation and Community Services or designee upon written request and prior approval for the arrangement. Rental cost of Community Use space waived will not be in excess of the dollar value of the required Community Service project. See Appendix B. 2. NOYES CENTER GALLERY. Lessee may from time to time, pursuant to arrangements made in advance with and approved by the Director of Parks, Recreation and Community Services or designee, make use of the Noyes Center Gallery(ies) on a fee basis at established rates. If the use of said areas involves the execution of a Community Service project where the Lessee offers a program of cultural significance to the public free of charge, such rates may be waived at the discretion of the Director of Parks, Recreation and Community Services or designee upon written request and prior approval for the arrangement, made at the time the Community Service project is proposed. In extenuating circumstances a request may also be made at least thirty (30) calendar days before the Community Service project. 3. UTILITIES. A. The Lessor agrees to pay all water, gas and electricity charges (except for air conditioning) , however, additional fees as listed on the attached fee matrix (see Appendix D, Page 3) could apply anytime and/or if excessive usage as determined by the Property’s Owner occurs any time during the term of the Lease. B. Lessees will be billed for the use of air conditioners and air-handling units. The fees are assessed for the months of June, July, August and September. The monthly fee assessment applies to each air conditioning and/or air handling unit used in each studio. Window air-conditioning units must be removed if not in use, and window, window sills, frames, glass and screens must be restored to their original condition with the same material and quality as that installed at time of occupancy, and at Lessee’s expense. Square footage will not be combined to calculate the use of air conditioners for more than one leased space. Fees will not be prorated for partial month’s use of air conditioners or air handling units. Additional monthly fees will be assessed to Lessee if air conditioners and/or air handling units are used during other months and will not be prorated. Air conditioner units can be left in windows if prior written permission is LESSEE DATE _______________________________________________________ ____________ 23 655 of 728 obtained from the Director of Parks, Recreation and Community Services or designee. Air conditioning units must be properly insulated to minimize energy exhaustion as determined by the Lessor. Failure to remove air-conditioning units from October 1 through May 31 of each year will result in an assessment of usage charge for each month or any portion of a month the air-conditioning units are installed. See attached Appendix D utility fees and other charges associated with NCAC. C. Additional services such as charges for use of phone service (landline and cell phone) and cable television will not be provided at Lessor expense. If necessary, the Lessor acknowledges and agrees that if he/she seeks to have a new service (cable, phone, etc.) provided to the NCAC for the use in their Lease Premises, the Lessee will follow the proper City procedures and obtain the necessary approvals prior to the installation of the service. 4. ASSOCIATED EXPENSES. If for any reason attributable to Lessee or those holding under Lessee, a Noyes staff member, Facilities Management staff, contractor/sub-contractor, or agent of the City of Evanston has to return to the building on holidays or after the employee’s normal work shift(s), Lessee will incur the cost of that employee’s salary, plus any charges imposed on or billed to the City of Evanston by service agencies such as the security alarm contractors, the Evanston Police and/or Fire Department, or any other charge the City incurs as a result of such extra work. Lessee shall pay all costs associated with, but not limited to: telephone installation(s) or other telephone service(s), parking permits, custodial and/or staff overtime charges, and other charges as outlined in this lease or necessitated by the nature of Lessee’s/Sub- lessee’s activities or actions. Prior written approval is needed from the Director of Parks, Recreation and Community Services or designee to perform any licensed trade work, such as but not limited to additional electrical power provided to Lessee’s studio(s), installation or relocation of electrical outlets, plumbing, carpentry work, set building for performance productions, any and all construction of temporary or permanent installations connected to or resting on the foundations walls, ceilings, floors and/or existing surfaces prior to and during Lessee’s lease of the space. All such work must be performed pursuant to applicable permits and in accordance with all applicable legislation. Lessee’s failure to obtain prior written approval and/or applicable permits before performing any licensed trade work may at the Lessor’s option constitute a material breach of this Lease and result in termination of this lease. LESSEE DATE _______________________________________________________ ____________ 24 656 of 728 APPENDIX E INSURANCE REQUIREMENTS Noyes Lease for Term: 6/1/14 through 12/31/14 Lessee shall furnish one (1) copy of a certificate, with the City named as an additional insured, showing the minimum coverage with insurance company acceptable to the City’s Law Department. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE Thirty day notice of cancellation Bodily Injury and Required on all certificates Property Damage Consequent Death Each Occurrence Aggregate Commercial General Liability including: $1,000,000 $1,000,000 1. Comprehensive form 2. Premises – Operations 3. Explosion & Collapse Hazard 4. Underground 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 the Lease. 7. Broad Form Property Damage – construction projects only. 8. Independent Contractors 9. Personal Injury. Automobile Liability Owned, Non-owned or Rented (as related to Tenant’s activities for leased space) $1,000,000 $1,000,000 Workmen’s Compensation and Occupational Diseases As required by applicable laws. Employer’s Liability $500,000 LESSEE DATE _______________________________________________________ ____________ 25 657 of 728 For City Council meeting of July 14, 2014 Item H6 Resolution 51-R-14: Next Theatre Company Lease Agreement For Action To: Honorable Mayor and Members of the City Council From: Joe McRae, Director of Parks, Recreation and Community Services Christina Ferraro, Assistant Director of Community Services Subject: Resolution 51-R-14, Next Theatre Company Lease Agreement Date: July 14, 2014 Recommended Action: City staff and Human Services Committee recommends City Council adoption of Resolution 51-R-14 authorizing the City Manager to enter into lease agreement with Next Theatre Company (“Next Theatre”) for a 17-month term for certain space at the Noyes Cultural Arts Center (NCAC). Funding Source: Revenues are deposited into the Noyes Cultural Arts Business Unit 3710. Summary: Next Theatre has been a tenant of the NCAC for over 30 years and put on a variety of successful productions. Unfortunately, Next Theatre has been unable to make its rent obligations for more than two years and despite City staff efforts to work with the tenant on repayment of the debt, a suitable repayment plan and payment of rent going forward cannot be achieved. The total debt owed to the City for non-payment of rent is $76,345. The attached lease agreement is back dated to January 1, 2014 and will extend to May 31, 2015, to provide Next Theatre an opportunity to find another theatre space to fit its needs going forward and to vacate the NCAC. Concurrently with the execution of this lease agreement, Next Theatre must execute a promissory note for the debt owed and authorized with a separate resolution, 52-R-14. Next Theatre will be rearranging its use of office space and this lease reflects the change; starting August 1st Next Theatre will move from Room 108 to Room 222 for this use and its rent rate will be reduced from $1243 to $933. Next Theatre will continue to use the theatre space from September 1, 2014 – May 31, 2015. This is a 17-month lease term with no renewal January 1, 2014 – May 31, 2015 at the conclusion of the tenancy. Memorandum 658 of 728 Based upon these amendments there will potentially be three vacant spaces available for rent at Noyes: B11, studio 109 and studio 108. These will be discussed at the City Council meeting in September. Attachments: Resolution 51-R-14 Exhibit 1 – Lease Agreement Page 2 of 2 659 of 728 6/24/2014 51-R-14 A RESOLUTION Authorizing the City Manager to Execute a Lease Agreement with Next Theatre Company for Studio and Theater Space at the Noyes Cultural Arts Center WHEREAS, the City of Evanston (“City”) owns certain real property, including the property commonly known as the Noyes Cultural Arts Center (“NCAC”) at 927 Noyes Street, Evanston, Illinois; and WHEREAS, the City leases space in the NCAC to resident artists and groups including Next Theatre Company (“Next”), an Illinois non-for-profit corporation; and WHEREAS, the City and Next desire to enter into a seventeen (17) month lease agreement; and WHEREAS, the City Council finds it to be in the best interest of the City to continue to lease NCAC theater and studio space to Next, and to negotiate and execute a lease agreement with Next, NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS: SECTION 1: The City Manager is hereby authorized and directed to execute an seventeen (17) month (January 1, 2014 – May 31, 2015) lease agreement (the “Lease”) by and between the City of Evanston and Next Theatre Company, an Illinois not-for-profit, which is attached hereto as Exhibit “1” and incorporated herein by 660 of 728 51-R-14 reference, and the Lease does not contain any options to renew the agreement between the parties. SECTION 2: The City Manager is hereby authorized and directed to negotiate any additional conditions of the Lease in order facilitate the termination of the tenancy at the end of the term of the Lease as he may determine to be in the best interests of the City. SECTION 3: This Resolution 51-R-14 shall be in full force and effect from and after its passage and approval in the manner provided by law. _______________________________ Elizabeth B. Tisdahl, Mayor Attest: ______________________________ Rodney Greene, City Clerk Adopted: __________________, 2014 661 of 728 51-R-14 EXHIBIT 1 LEASE AGREEMENT 662 of 728 NGEDOCS: 2064579.8 LEASE AGREEMENT FOR THE PREMISES LOCATED AT 927 NOYES STREET, EVANSTON, ILLINOIS, BY AND BETWEEN THE CITY OF EVANSTON, LANDLORD AND THE NEXT THEATRE COMPANY, TENANT 663 of 728 INDEX Section Title Page Number NGEDOCS: 2064579.8 1 SECTION 1. DESCRIPTION OF PREMISES 3 SECTION 2. TERM 3 SECTION 3. RENT 4 SECTION 4. COMMON FACILITIES 6 SECTION 5. USE OF PREMISES 7 SECTION 9. SIGNS 20 SECTION 10. DEFECTS; DEFECTIVE CONDITION; WIND; ACTS OF THIRD PERSONS 20 SECTION 11. CASUALTY DAMAGE; REPAIRS; ABATEMENT OF RENT 21 SECTION 12. REPAIRS AND MAINTENANCE 21 SECTION 13. UTILITIES 22 SECTION 14. TAXES 22 SECTION 15. INSURANCE 22 SECTION 16. SUBLETTING; ASSIGNMENT 23 SECTION 17. SURRENDER OF PREMISES; HOLDING OVER 24 SECTION 18. INDEMNIFICATION AND LIENS 24 SECTION 19. LANDLORD’S RIGHT OF INSPECTION AND REPAIRS 25 SECTION 20. DEFAULT AND REMEDIES 25 SECTION 21. TENANT OBLIGATIONS TO COMMUNITY AND ASSOCIATION 27 SECTION 22. REMOVAL OF OTHER LIENS 28 SECTION 23. REMEDIES NOT EXCLUSIVE 29 SECTION 24. EXPENSES OF ENFORCEMENT 29 SECTION 25. EMINENT DOMAIN 29 SECTION 26. GOVERNMENTAL INTERFERENCE WITH POSSESSION 30 SECTION 27. PEACEFUL ENJOYMENT 30 SECTION 28. EFFECT OF WAIVER OF BREACH OF COVENANTS 30 SECTION 30. AMENDMENTS TO BE IN WRITING 30 SECTION 31. PARTIES BOUND 30 SECTION 32. NOTICES 31 SECTION 33. MISCELLANEOUS 31 SECTION 34. VENUE AND JURISDICTION 32 SECTION 35. FORCE MAJEURE 32 664 of 728 NGEDOCS: 2064579.8 This Lease Agreement (the “Agreement” or “Lease”) is executed this ______day of ___________, 2014 (the “Effective Date”) by and between The City of Evanston, an Illinois home rule municipality (“Landlord”), whose main business office is located at 2100 Ridge Avenue, Evanston, Cook County, Illinois, and Next Theatre Company (“Tenant”). Landlord and Tenant may be referred to collectively as the “Parties”. SECTION 1. DESCRIPTION OF PREMISES Landlord leases to Tenant the theatre space, Room 108 (January 1, 2014 – July 31, 2014) and Room 222 (August 1, 2014 – May 31, 2014), all located within the Noyes Cultural Arts Center (“NCAC”) with a street address of 927 Noyes Street, Evanston, Illinois 60201 (the “Premises”), situated within the Landlord’s 3-story building located at the same common address and legally described on Exhibit A (the “Property”). The Property has various uses including artist workshops, resident young adult summer camp classes, art exhibits, and many other uses. The term “Common Facilities” as used in this Agreement will include those areas and facilities within the Property (outside of the Premises) for the nonexclusive use of Tenant in common with other authorized users, and includes, but is not limited to, sidewalks, parking area, planted areas (excluding the adjoining park area), common area restrooms and open means of ingress and egress. Tenant will have the non- exclusive right to use the Common Facilities, including the washrooms referenced above. SECTION 2. TERM The term of this Agreement will be for one year and five months (17 months) and this lease is back dated to commence on January 1, 2014 and will terminate on May 31, 2015 (the “Term”). There will no renewals of this Agreement and Tenant will vacate the Premises on or before May 31, 2015. The Landlord cannot renew the lease agreement beyond May 31, 2015 because of Tenant’s inability to pay rent, which has amounted to a sizable debt referenced in Section 3[A] and the Parties must unwind the long term tenancy. SECTION 3. RENT A. RATE: Tenant shall pay Landlord for use of studio 108 the rental rate of $1,207.12 per month for the period of January 1, 2014 – May 31, 2014, the rent was increased by 3% for June and July 2014 to $1,243.33, and for the remainder of the term Tenant will vacate studio 108 and use studio 222 at the rate of $993.03 per month. In addition, Tenant shall pay $3,810.00 for the use of the theater 7 months annually (September – May). Tenant has not paid rent in calendar year 2014 to date and said rent is not forgiven and added to principal balance of a promissory note to be executed concurrently with this Agreement bringing the total amount owed to Landlord (the “Note”), is $76,345 and collection of said amount owed was authorized by City Council Resolution 52-R-14. Tenant is in arrears for past due rent payments under previous lease agreements for over two years of delinquent payments. The Landlord will not forgive the past due rent and the amount will be paid back after the tenancy has terminated, payments commencing on June 1, 2015, the terms are addressed in the Note. B. PAYMENTS. The Rent under Section 3[A][1] is due and payable on or before August 1, 2014. The Rent outlined in Sections 3[A][2] above shall be paid in equal monthly installments and due on or before 1st day of each month in accordance with payment amounts outlined in Section 3[A][2]. 665 of 728 NGEDOCS: 2064579.8 3 C. Any and all Rent PAYMENTS under this Lease shall be mailed to: City of Evanston Parks, Recreation, and Community Services Department 2100 Ridge Avenue, First Floor Evanston, IL 60201 D. SECURITY DEPOSIT: Tenant issued a check several years ago in the amount of $1,149.64 as security deposit for the Premises to cover any non-payment of Rent and any future repairs that the City must perform after termination of the tenancy. Tenant forfeits the right to be refunded the security deposit. The City will apply the security deposit towards any necessary repairs after Termination and then apply the balance to the amount owed per Section 3[A]. E. PROPERTY FEES SCHEDULE: Attached as Exhibit B is a schedule of fees for all tenants of the Property, if applicable, including Tenant (“NCAC Property Fees”). To the extent incurred by Tenant, the NCAC Property Fees specified on the fee schedule will be invoiced separately and shall be paid by the due date listed on the invoice. To the extent incurred by Tenant, the NCAC Property Fees are to be paid by Tenant regardless of the applicable rental rate specified in Section 3 [A] and [B] Tenant acknowledges that it will reimburse the City for use of the Common Facilities (as specified on Exhibit B) after the standard business hours set by the City and the Association, which hours shall not be less than the following hours throughout the Term (including any Extended Term): 7:30 a.m. – 11:00 p.m. Monday – Saturday; 10 a.m. – 6:00 p.m. on Sunday (the “Business Hours”). SECTION 4. COMMON FACILITIES A. MAINTENANCE BY LANDLORD: Tenant acknowledges that it has leased the Premises for many years and receives the Premises, Common Facilities and remainder of the Property in good order and repair, and acknowledges that the Landlord has made no representations to the condition or has made any repairs to same. The continued tenancy shall be conclusive evidence that the Premises, Common Facilities and Property are in good order and satisfactory condition when the Tenant remained in possession. The Landlord or Landlord’s staff or other representatives have made no representations or assurances that it will alter or remodel the Premises or Property, beyond what is outlined in Section 4[A][9] below. At the Landlord’s discretion regarding necessary repairs, it shall be responsible for the following with respect to the Common Facilities: 1. Exterior maintenance, including the foundation, exterior walls, slab, common area doors and roof; 2. A refuse container to be shared by all tenants in the Property to be located at the Property in reasonable proximity to the Premises. Landlord will contract, to have trash hauled from such container with reasonable frequency; 3. Electric facilities and systems, gas facilities and systems and the HVAC unit(s) and systems (including the portions of such systems serving the Premises exclusively); 666 of 728 NGEDOCS: 2064579.8 4 4. Plumbing and water facilities and systems (including the portions of such systems serving the Premises exclusively); 5. Fire and life safety systems and fire alarm systems, including inspections thereof (including the portions of such systems serving the Premises exclusively); 6. Hallways, stair rails, and related elements, and restrooms and other Common Facilities, including the parking lot serving the Property; 7. Snow and ice removal, including salting, from front walkway of Premises and parking spaces in front of the Property within 48 hours of any snow event with accumulation of an 1 inch or more; and 8. Change light bulbs, ballasts and tubes in any fluorescent or comparable light fixtures in the Premises. Notwithstanding the foregoing, Tenant will change light bulbs, ballasts and tubes which are considered specialty lighting and related to performance activities. B. MAINTENANCE BY TENANT: 1. Interior non-structural Premises maintenance and all fixtures and property within the Premises other than (a) utility, HVAC or fire/life safety facilities and systems and (b) any items Landlord is required to maintain pursuant to Section 4[A]; 2. All refuse from Premises to be placed in appropriate containers and Tenant cannot dispose of construction building materials in the standard refuse containers and must arrange for special pick-ups and containers for said materials; 3. If applicable, HVAC unit(s) in Premises units; and 4. The Tenant will at all times maintain all of the Premises in a clean, neat and orderly condition. The Tenant will not use the Premises in a manner that will violate or make void or inoperative any policy of insurance held by the Landlord. The Tenant shall pay the Landlord for overtime wages for staff and for any other related expenses incurred in the event that repairs, alterations or other work in the Premises required or permitted hereunder are not made during ordinary Business Hours (as defined in Section 3[E]) at the Tenant’s request. 5. Tenant will keep the interior non-structural portions of the Premises, including all interior, non-structural walls, surfaces and appurtenances (other than systems and any other items that Landlord is required to maintain pursuant to Section 4[A]), in good repair. Tenant shall be responsible for repairs, damages and losses for damages sustained outside the Premises to other NCAC tenant’s personal property or leased area attributable to Tenant’s negligence or intentional misconduct, subject to Section 15[E]. All such damage must be reported in writing to the Director of Parks, Recreation and Community Services, or his/her designee, by the next City of Evanston business day, after discovery of such damage by Tenant. 6. Repairs by Tenant must have prior written approval by the Director of Parks, Recreation and Community Services, or his or her designee, and must occur within thirty (30) days of such approval unless the Director of Parks, Recreation and 667 of 728 NGEDOCS: 2064579.8 5 Community Services, or his or her designee, gives a prior written request or grants approval for an extension beyond the thirty (30) days (or unless such repairs cannot reasonably be completed within thirty (30) days, in which case, Tenant shall have such additional time as is reasonably required). If Tenant fails to make the necessary repairs by the date determined by the Lessor, the Landlord has the option to make the necessary repairs and Tenant agrees to promptly pay for those repairs upon presentation of an invoice by the Landlord to the Tenant. Tenant is required upon lease termination to leave space in good repair and condition. Maintenance and repair issues which constitute a life and safety hazard must be corrected within twenty-four (24) hours after discovery by Tenant, provided that the issue can be fixed within that time frame. If the issue cannot be fixed within twenty-four (24) hours after discovery by Tenant, the Tenant must provide a schedule for repair within one (1) business day after discovery by Tenant to the Director of Parks, Recreation and Community Services for approval, which cannot be unreasonably withheld. SECTION 5. USE OF PREMISES A. PURPOSES: Tenant will use the Premises to operate a theater, acting classes and other related business and uses incidental thereto, and no part of the Premises will be used for any other purpose without the prior written consent of Landlord (the “Permitted Use”). If Tenant endeavors to apply for a liquor license for the Premises, the Landlord gives its written consent for said application to be submitted and reviewed by the City in conformance with the City Code procedures, as amended. The City agrees to cause such license to be granted if Tenant meets applicable requirements. B. HOURS OF OPERATION AND LANDLORD ACCESS: 1. Tenant’s use of the Premises shall only be for the permitted use. Tenant shall have the right to conduct its business in the Premises during the Business Hours (as defined in Section 3[E]) of the Property. In addition, Tenant’s staff, agents, employees and contractors may access the Premises twenty-four hours a day, seven days a week, but shall not have access to the interior Common Facilities after the Business Hours (as defined in Section 3[C]) of the Property. The Property will be closed on holidays/days as observed by the City of Evanston (but Tenant will still have access to the Premises). 2. The Landlord shall have the right to retain a set of keys to the Premises, and Tenant shall not change any locks for the Premises to any other lock, other than a lock consistent with the Landlord’s master lock for the Property. The Tenant shall permit the Landlord to erect, use and maintain pipes, ducts, wiring and conduits in and through the Premises concealed to the greatest extent possible, above ceiling, under floor or in walls that don’t reduce the square footage of the Premises and don’t materially affect Tenant’s use of the Premises. The Landlord agents shall have the right to enter upon the Premises with 24 hours prior written notice or without notice in case of an emergency, to control heat, electricity and air conditioning, to inspect the same, and to make such repairs, alterations, improvements or additions to the Premises or the NCAC, as the Landlord may deem necessary or desirable. 3. Nothing herein contained, however, shall be deemed or construed to impose upon the Landlord any obligations, responsibility or liability whatsoever, for the care, supervision or repair of the Premises or any part thereof, other than as herein 668 of 728 NGEDOCS: 2064579.8 6 provided. The Landlord shall also have the right at any time without the same constituting an actual or constructive eviction and without incurring any liability to the Tenant therefore, to change the arrangement and/or location of Common Facilities, including entrances or passageways, doors and doorways, and corridors, stairs, toilets or public parts of the NCAC, and to close Common Facilities (as and when reasonably necessary for Landlord to perform its obligations hereunder or exercise its rights or as necessary due to Force Majeure), including entrances, doors, corridors or other facilities. The Landlord shall not be liable to the Tenant for any expense, injury, loss or damage resulting from work done by persons other than the Landlord in or upon, or the use of, any adjacent or nearby building, land, street, or alley. C. LOCKING OF PREMISES: All doors to the Premises must be kept locked at all times except during the Business Hours (as defined in Section 3[E]). Tenant shall not open the door to anyone in the late hours. The door may not be propped open for any reason. During normal Business Hours (as defined in Section 3[E]) for the Property, patrons and users of the Property shall have access to the Common Facilities. Tenant shall not have use of Common Facilities after the Business Hours (as defined in Section 3[E]) unless Tenant pays the Facilities Fee (as specified in Exhibit B) for keeping the Property and the Common Facilities open. D. STORAGE OF INFLAMMABLE MATERIALS: Tenant agrees that it will not permit to be kept at the Premises any gasoline, distillate or other petroleum product, or other substance of an explosive or inflammable nature as may endanger any part of the premises without the written consent of the Landlord, provided that Tenant can maintain customary cleaning products in the Premises. E. USE IMPAIRING STRUCTURAL STRENGTH: The Tenant will not permit the Premises to be used in any manner that will impair the structural strength of the Premises, or permit the installment of any machinery or apparatus the weight or vibration of which may tend to impair the building’s foundations or structural strength. F. GARBAGE DISPOSAL: The Tenant will not incinerate any garbage or debris in or about the Premises, and will cause all containers, rubbish, garbage and debris stored in the Premises to be placed in the refuse container supplied by Landlord for the Property before accumulation of any substantial quantity. G. PUBLIC REGULATIONS: In the conduct of its business on the Premises, Tenant will observe and comply with all laws, ordinances and regulations of public authorities. Tenant acknowledges that the Property is owned by the City of Evanston and therefore no smoking will be permitted at the Property. H. OTHER MISUSE: Tenant will not permit any unlawful or immoral practice with or without his knowledge or consent, to be committed or carried on in the Premises by Tenant or any other person. Tenant will not use or allow the use of the Premises for any purpose whatsoever that will injure the reputation of the Premises or of the building of which they are a part. I. PARKING REGULATIONS: The NCAC has a total of fifty (50) parking spaces, consisting of thirty-five (35) permit spaces (including four [4] marked for compact cars) and twelve (12) metered spaces and three (3) handicapped spaces in the Property parking lot, which is Lot #51 and is immediately adjacent to the Premises (the “Property Parking Lot”). The Landlord acknowledges that it will not decrease the total number of parking spaces in the 669 of 728 NGEDOCS: 2064579.8 7 Property Parking Lot during the Lease Term, but Landlord reserves the right to reconfigure the parking lot and/or increase the parking spaces. For the permit parking spaces, annual parking permit fees shall be in accordance with the schedule previously referenced as Exhibit B and be billed separately. Parking permit fees are not prorated and will change over the Term of the Lease at the discretion of the Landlord. All annual parking permits issued will be billed on a monthly basis and are not returnable with the exception of permits which are transferred. There will be a $25.00 transfer fee assessed for all annual permits which are to be reissued unless: 1) the old permit or remnants of the old permit is returned displaying the lot number and the permit number minimally; or 2) proof that the vehicle was sold by producing a bill of sale. Monthly and annual parking permits for the Property Parking Lot are authorized only for Leaseholders, Sub-Tenants, staff and/or students attending classes at Noyes on a regular basis and Landlord will not permit businesses (or other invitees) outside of the NCAC to get permits for the Property Parking Lot. Use of permits is on a first-come, first serve basis for spaces available in the Property Parking Lot. Parking permits are not to be transferred to vehicles other than the vehicle for which the permit was issued unless prior written approval by the Director of Parks, Recreation and Community Services is obtained. Parking Permit privileges will be considered by the Director of Parks, Recreation and Community Services or designee for other regular NCAC users on a case-by-case basis. All Authorization Forms must be signed by Tenant or its authorized designee, and by an NCAC staff member before parking permits can be purchased. Temporary one-day parking permits are available for individuals attending special functions at the NCAC, and for visitors and others using the NCAC, who are pre-approved by the Director of Parks, Recreation and Community Services or designee. Temporary parking permits are not available to parents or caregivers waiting for students attending classes or to attendees of performances. Tenant understands, and will inform its staff, students and patrons to observe all posted parking regulations. Parking permits will not be issued to individuals with an expired driver’s license. Landlord will maintain the current parking lot serving the Property as a parking lot throughout the term of this Lease. SECTION 6. SIGNS Tenant may apply for signage (temporary and permanent signage) for the exterior and interior of the Premises, at its own expense, in order to conduct the business of Tenant. Tenant acknowledges that there are limitations from the City of Evanston Municipal Code of 2012, as amended, and the Code governs the application process and the details regarding size, type, and number of signs and Tenant agrees to be bound by such ordinances. Landlord cannot make representations in a lease agreement that Tenant shall be entitled additional signage, a certain number of signs and/or dimensions of proposed signage, because the Tenant must make an application to the Sign Review Board, as provided by Code, but Landlord will not withhold its consent to a reasonably sized sign over the new entrance to the Premises. SECTION 7. DEFECTS; DEFECTIVE CONDITION; WIND; ACTS OF THIRD PERSONS Except as provided by Illinois law and except to the extent arising from the negligence or intentional misconduct of Landlord or its agents, employees or contractors, or from the breach of this Lease by Landlord, Landlord will not be liable to Tenant for any damage or injury to Tenant or Tenant’s property occasioned by the failure of Landlord to keep the Premises in repair, and shall not be liable for any injury done or occasioned by wind or by or from any defect of plumbing, electric wiring or of insulation thereof, gas pipes, water pipes or steam pipes, or from broken stairs, porches, railings or walks, or from the backing up of any sewer pipe or down- spout or from the bursting, leaking or running of any tank, tub, washstand, water closet or waste 670 of 728 NGEDOCS: 2064579.8 8 pipe, drain, or any other pipe or tank in, upon or about the Premises or the building of which they are a part nor from the escape of steam or hot water from any radiator, nor for any such damage or injury occasioned by water, snow or ice being upon or coming through the roof, skylight, trap door, stairs, walks or any other place upon or near the Premises, or otherwise, nor for any such damage or injury done or occasioned by the falling of any fixture, plaster, or stucco, nor for any damage or injury arising from any act, omission or negligence or co-tenants or of other persons, occupants of the same building or of adjoining or contiguous buildings or of owners of adjacent or contiguous property, or of Landlord’s agents or Landlord, all claims for any such damage or injury being hereby expressly waived by Tenant. Notwithstanding the foregoing, if any portion of the Premises unusable for the purpose contemplated hereunder for a period of greater than 5 days, the fixed minimum monthly rental will be equitably reduced in the proportion that the unusable part of the Premises bears to the whole. The determination of the unusable space shall be reasonably determined by the Landlord based on square footage. SECTION 8. CASUALTY DAMAGE; REPAIRS; ABATEMENT OF RENT A. USE OF PARTIALLY DAMAGED PREMISES: On damage or destruction by a casualty to the Premises, Tenant will continue to use them for the operation of its business to the extent practicable B. RIGHT TO TERMINATE ON DESTRUCTION OF TWO-THIRDS OF PREMISES: Either Party will have the right to terminate this Agreement if, the Premises is damaged by a casualty to an extent exceeding two-thirds of the reconstruction cost of the Premises as a whole. If such damage occurs, this Agreement will be affected by written notice to the other Party, delivered within 90 days of the damage. C. REPAIRS BY LANDLORD: If the Premises are damaged by a casualty before or after the start of the Agreement, then Landlord will immediately, on receipt of insurance proceeds paid in connection with casualty damage, but no later than sixty days after damage has occurred, proceed to repair the Property. Repairs will include any improvements made by Landlord or by Tenant with Landlord’s consent, on the same plan and design as existed immediately before the damage occurred, subject to those delays reasonably attributable to governmental restrictions or failure to obtain materials, labor or other causes, whether similar or dissimilar, beyond the control of Landlord. Materials used in repair will be as nearly like original materials as reasonably procured in regular channels of supply. Wherever cause beyond the power of the party affected causes delay, the period of delay will be added to the period in this lease for completion of the work, reconstruction or replacement. D. REDUCTION OF RENT DURING REPAIRS: If a portion of the Premises is unusable for the purpose contemplated hereunder for a period of greater than 5 days, the fixed minimum monthly rental will be equitably reduced in the proportion that the unusable part of the Premises bears to the whole. The determination of the unusable space shall be reasonably determined by the Landlord based on square footage No rent will be payable while the Premises is wholly unoccupied pending the repair of casualty damage. E. FIRE AND CASUALTY. If the Premises are entirely destroyed by fire or another act of God, and Landlord elects to not rebuild the Premises, then this Agreement shall be terminated effective as of the date of the casualty. SECTION 9. REPAIRS AND MAINTENANCE 671 of 728 NGEDOCS: 2064579.8 9 Tenant shall keep the interior, non-structural portions of the Premises in a clean condition, and in good repair, all according to the statutes and ordinances in such cases made and provided, and the directions of public officers thereunto duly authorized, all at Tenant’s own expense, and shall yield the same back to Landlord, upon the termination of this Agreement, whether such termination shall occur by expiration of the term, or in any other manner whatsoever, in the same condition of cleanliness and repair as at the date of the execution hereof, loss by fire and reasonable wear and tear excepted. Tenant shall make all necessary repairs and renewals upon Premises and replace broken fixtures with material of the same size and quality as that broken. If, however, the Premises shall not thus be kept in good repair and in a clean condition by Tenant, as aforesaid, Landlord may enter the same, or by Landlord’s agents, servants or employees, without such entering causing or constituting a termination of this Agreement or an interference with the possession of the Premises by Tenant, and Landlord may replace the same in the same condition of repair and cleanliness as existed at the date of execution hereof, and Tenant agrees to pay Landlord, in addition to the rent hereby reserved, the expenses of Landlord in thus replacing the Premises in that condition. Tenant shall not cause or permit any waste, misuse or neglect of the water, or of the water, gas or electric fixtures. Tenant will also be in compliance with all laws and regulations during the entire term of this Agreement, except for repairs required of the Landlord to be made and damage occasioned by fire, hurricane or other causes as provided for in this Agreement. SECTION 10. UTILITIES Landlord agrees to pay before delinquency all charges for gas, water, heat, electricity, power and other similar charges incurred by Landlord or Tenant with respect to the Premises or the Property during the Term of this Agreement and Tenant’s occupancy of the Premises. SECTION 11. TAXES If applicable, Tenant will pay before delinquency all taxes levied on Tenant’s fixtures, equipment and personal property on the demised Premises, whether or not affixed to the real property. Landlord will pay all real estate taxes for the Property. SECTION 12. INSURANCE A. INSURANCE COMPANIES: It is agreed that any policies of insurance to be maintained by the respective parties will be obtained from good and solvent insurance companies. Only companies with an “A” Policyholder’s Rating with the Alfred Best Company will be acceptable. B. TENANT TO OBTAIN LIABILITY INSURANCE: Tenant agrees that it will, at its expense, maintain a policy of insurance, written by responsible insurance carriers, approved by Landlord that will insure Tenant against liability for injury to or death of persons or damage to property occurring about the Premises. Landlord will be named as an additional insured. The liability under insurance will be at least $1 million for any one person injured or killed or any one occurrence, $2 million general aggregate coverage for any one accident, and $ 100,000.00 property damage. Tenant will obtain an endorsement and Certificate of Insurance naming the Landlord as an additional insured from Tenant’s carrier (during the term of the Lease, including Premises Improvement construction) and all contractors during the construction of the Premises Improvements and any other renovation or construction at the Premises. 672 of 728 NGEDOCS: 2064579.8 10 C. TENANT TO OBTAIN WORKER’S COMPENSATION INSURANCE: Tenant agrees to maintain employees’ Worker’s Compensation insurance required under Illinois law. D. TENANT TO OBTAIN INSURANCE ON FIXTURES AND EQUIPMENT: The Tenant agrees to maintain on all trade fixtures and personal property in the Premises, a policy of insurance approved by the Landlord of at least __90__% of the insurable replacement value of all trade fixtures and personal property. E. LANDLORD TO OBTAIN FIRE INSURANCE ON PREMISES: Landlord agrees to maintain during this Agreement and covering at least __80__% of the full replacement cost of the Premises and Property. If permitted without additional charge, Landlord will cause to be endorsed on its property insurance, and any extended coverage policy or policies, the waiver of right of subrogation. Landlord hereby agrees to waive any claims against Tenant and its agents and employees to the extent the same could be covered by a Special Form Policy. F. TENANT’S WAIVER OF CASUALTY INSURANCE PROCEEDS: If the Premises are damaged by fire or other casualty insured against, Tenant agrees to claim no interest in any insurance settlement arising out of any loss where premiums are paid by Landlord, or where Landlord is named as sole beneficiary, and that it will sign all documents required by Landlord or the insurance company necessary in connection with the settlement of any loss. G. CONTROL OF INSURANCE PROCEEDS TO AVOID TAXABLE GAIN: If the Premises, including any improvements, were to be damaged in any manner, and the receipt of any insurance proceeds or other reimbursement for such damage would result in the realization of taxable gain for federal or state purposes, then the party to whom the gain would be taxed will have the right to take all action respecting proceeds or reimbursements necessary to enable party to comply with any regulations of the appropriate taxing authorities, so that the gain wil l not be recognized for tax purposes. H. TENANT’S FAILURE TO INSURE: Should Tenant fail to keep in effect and pay for insurance as required by this section and then fail to cure such failure within ten (10) days after notice from Landlord, the Landlord may terminate this Lease immediately. SECTION 13. SUBLETTING; ASSIGNMENT The Tenant shall not be permitted to sublet this Lease or assign the Lease to another party and if Tenant does sublet or assigns its obligations, the Landlord shall terminate this Lease agreement immediately. SECTION 14. SURRENDER OF PREMISES; HOLDING OVER Tenant will, at the termination of this Lease on or before May 31, 2015, leave the Premises in as good condition, except for reasonable use and wear, acts of God, or damage by casualty beyond the control of Tenant. On vacating, Tenant will leave the Premises clear of all rubbish and debris. If Tenant retains possession of the Premises or any part thereof after the termination of the term by lapse of time or otherwise, then Landlord may at its option within thirty days after termination of the term serve written notice upon Tenant that such holding over constitutes the creation of a month to month tenancy, upon the terms of this Agreement. Tenant shall also pay to Landlord all damages sustained by Landlord resulting from retention of possession by Tenant. The provisions of this paragraph shall not constitute a waiver by 673 of 728 NGEDOCS: 2064579.8 11 Landlord of any right of re-entry as hereinafter set forth; nor shall receipt of any rent or any other act in apparent affirmation of tenancy operate as a waiver of the right to terminate this Agreement for a breach of any of the covenants herein. SECTION 15. INDEMNIFICATION AND LIENS A. LIENS AND ENCUMBRANCES: The Tenant will hold the Landlord harmless from all claims, liens, claims of lien, demands, charges, encumbrances or litigation arising out of any work or activity of Tenant on the Premises. Tenant will, within sixty (60) days after filing of any lien, fully pay and satisfy the lien and reimburse Landlord for all resulting loss and expense, including a reasonable attorney’s fees. Provided, however, in the event that Tenant contests any lien so filed in good faith and pursues an active defense of said lien, Tenant shall not be in default of this paragraph. However, in the event of any final judgment against Tenant regarding such lien, Tenant agrees to pay such judgment and satisfy such lien within 60 days of the entry of any such judgment. B. DISCHARGE OF LIEN: If Tenant fails to fully discharge any claim, lien, claim of lien, demand, charge, encumbrance, or litigation, or should proceedings be instituted for the foreclosure of any lien or encumbrance, and if judgment is rendered against Tenant either by a court of competent jurisdiction or by arbitration and Tenant still persists in non-payment of the same within the 60 days set forth above, Landlord will have the right at any time after expiration of the 60-day period, to pay the lien or encumbrance. All amounts so paid will be repaid by the Tenant on demand, together with interest at the rate of __10__% per year from the date of payment and shall be considered additional rent owed to Landlord by Tenant. C. INDEMNIFICATION OF LANDLORD: Except as otherwise provided in this Agreement, and except to the extent caused by the negligence or willful misconduct of Landlord, or its agents, employees or contractors, or by the breach of this Lease by Landlord, Tenant shall protect, defend, indemnify and save Landlord and its officers, directors, agents, attorneys, and employees harmless from and against any and all obligations, liabilities, costs, damages, claims and expenses of whatever nature arising from (i) any matter, condition or thing that occurs in the Premises or (ii) any negligence or willful misconduct of Tenant, or its agents, employees or contractors. D. INDEMNIFICATION OF TENANT. Except as otherwise provided in this Agreement, and except to the extent caused by the negligence or willful misconduct of Tenant, or its agents, employees or contractors, or by the breach of this Lease by Tenant, Landlord shall protect, defend, indemnify and save Tenant and its officers, directors, agents, attorneys, and employees harmless from and against any and all obligations, liabilities, costs, damages, claims and expenses of whatever nature arising from (i) any matter, condition or thing that occurs in the Common Facilities, which is not the result of Tenant’s actions, negligence, or willful misconduct or (ii) any willful misconduct of Landlord, or its agents, employees or contractors. SECTION 16. LANDLORD’S RIGHT OF INSPECTION AND REPAIRS Tenant shall allow Landlord or any person authorized by Landlord reasonable access to the Premises during the Business Hours (as defined in Section 3[E]) for the purpose of examining or exhibiting the same, or to make any repairs or alterations thereof which Landlord may see fit to make (provided that Landlord cannot make voluntary alterations or modifications to the Premises without Tenant’s consent). If the Tenant does not exercise the Option to renew the Lease and/or will be vacating the Premises at or prior to the end of the Term, Tenant will 674 of 728 NGEDOCS: 2064579.8 12 also allow Landlord to have placed upon the Premises at all times notices of “For Sale” and/or “For Rent” and Tenant will not interfere with the same. SECTION 17. DEFAULT AND REMEDIES A. EVENT OF DEFAULT: Any one of the following events shall be deemed to be an event of default hereunder by Tenant subject to Tenant’s right to cure: 1. Tenant shall fail to pay any item of Base Rent at the time and place when and where due and Tenant shall be afforded no cure period or right to notice for said Default if Tenant is more than 30 days in arrears; 2. Tenant shall fail to maintain the insurance coverage as set forth herein and Tenant shall be afforded no cure period or right to notice for said Default; 3. Tenant shall fail to comply with any covenant of this Lease relating to obligations set forth in Section 4 and Section 9, within fifteen (15) days after written notice to the Tenant of such failure; 4. Tenant shall make a general assignment the benefit of creditors, or shall admit in writing its inability to pay its debts as they become due or shall file a petition in bankruptcy; or 5. Tenant shall fail to comply with any other term, provisions, covenant of this Lease and has not cured the violation within 15 days written notice to Tenant of such specified failure. B. OCCURRENCE OF AN EVENT: Upon the occurrence of any event of default specified in Section 17(A), Landlord shall have the option to pursue any one or more of the following remedies subject to the laws of the State of Illinois and the Tenant’s right to cure: 1. Terminate this Lease, in which event Tenant shall immediately surrender the Premises to Landlord and will be given 15 days to remove any personal property and equipment from the Premises. If, Tenant fails to do so, Landlord may, without further notice and without prejudice to any other remedy Landlord may have for possession or arrearages in rent, or damages for breach of contract, enter upon the Premises and expel or remove and with or without notice of such election or any notice or demand whatsoever, this Agreement shall thereupon terminate and upon the termination of Tenant’s right of possession, as aforesaid, whether this Agreement be terminated or not, Tenant agrees to surrender possession of the Premises immediately, without the receipt of any demand for rent, notice to quit or demand for possession of the Premises whatsoever and hereby grants to Landlord full and free license to enter into and upon the Premises or any part thereof, to take possession thereof with or (to the extent permitted by law) without process of law, and to expel and to remove Tenant or any other person who may be occupying the Premises or any part thereof, and Landlord may use such force in and about expelling and removing Tenant and other persons as may reasonably be necessary, and Landlord may re-possess itself of the Premises, but such entry of the Premises shall not constitute a trespass or forcible entry or detainer, nor shall it cause a forfeiture of rents due by virtue thereof, nor a waiver of any covenant, agreement or promise in this Agreement contained to be performed by Tenant. Tenant agrees to indemnify Landlord for all loss and damage which Landlord may suffer by 675 of 728 NGEDOCS: 2064579.8 13 reason of such lease termination, whether through inability to re-let the Premises, or through decrease in Rent, or otherwise. 2. Landlord may recover from Tenant upon demand all of Landlord’s costs, charges and expenses, including the fees and costs of counsel, agents and others retained by Landlord which have been incurred by Landlord in enforcing Tenant’s obligations hereunder, subject to Landlord prevailing on its claims. 3. Pursuit of any of the foregoing remedies shall not preclude pursuit of any other remedy herein provided or available to Landlord at law or in equity, or constitute a forfeiture or waiver of any Rent due hereunder or of any damages suffered by Landlord. C. REPOSSESSION OR RELETTING NOT A TERMINATION; LANDLORD’S RIGHT TO TERMINATE NOT FORFEITED: No repossession, operation or re-letting of the Premises or of fixtures and equipment will be construed as an election by Landlord to terminate this Agreement unless a written notice is given by the Landlord to the Tenant. The Landlord may terminate this Agreement if the Tenant remains in default (beyond any applicable notice and cure period). The acceptance of rent, whether in a single instance or repeatedly, after it falls due, or after knowledge of any breach hereof by Tenant, or the giving or making of any notice or demand, whether according to any statutory provision or not, or any act or series of acts except written waiver, shall not be construed as a waiver of Landlord’s rights to act without notice or demand or of any other right hereby given Landlord, or as an election not to proceed under the provisions of this Agreement. D. TENANT’S OBLIGATION TO PAY DEFICIENCIES: If rentals received by the Landlord from re-letting the Premises under the provisions of this section are insufficient to pay all expenses and amounts due, Tenant will pay any deficiencies to the Landlord on demand and be declared in default for failure to pay. E. LANDLORD’S RIGHT TO PERFORM TENANT’S DUTIES AT TENANT’S COST: If in Landlord’s judgment any default by Tenant will jeopardize the Premises or the rights of Landlord, Landlord may, without notice, elect to cure Tenant’s default and Tenant will reimburse Landlord, with interest, on 10-days’ notice by Landlord to Tenant. F. LANDLORD’S RIGHT TO TERMINATE AGREEMENT: If there is an event of default by Tenant as stated in Paragraph A of this section, Landlord may, without further notice, terminate this Agreement and all interest of Tenant and may take possession of the Premises by legal proceedings. G. LANDLORD’S RIGHT ON TERMINATION TO RECOVER AMOUNT EQUAL TO RENT RESERVED: If this Agreement is terminated by Landlord due to any event of default by Tenant, Landlord will be entitled to recover from Tenant, at termination, the excess, if any, of the rent reserved in this Agreement for the balance of the term over the reasonable rental value of the Premises for the same period. The “reasonable rental value” will be the amount of rental Landlord can obtain as rent for the balance of the term. H. LANDLORD’S REMEDIES CUMULATIVE: All of the remedies given to Landlord in this Agreement or by law are cumulative, and the exercise of one remedy by the Landlord will not impair its right to exercise any other right or remedy. Landlord shall not look to the property or assets of any direct or indirect partner, member, manager, shareholder, director, officer, principal, employee or agent of Tenant in seeking either to enforce Tenant’s obligations under 676 of 728 NGEDOCS: 2064579.8 14 this Agreement or to satisfy a judgment for Tenant’s failure to perform such obligations; and none of such parties shall be personally liable for the performance of Tenant’s obligations und er this Agreement. SECTION 18. TENANT OBLIGATIONS TO COMMUNITY AND ASSOCIATION A. NOYES CENTER TENANT’S ASSOCIATION: The Tenant acknowledges and agrees that it has the right to be a member of the Noyes Center Tenant’s Association (the “Association”) formed by the tenants of the Property. The Association will provide advisory guidance and opinions to City staff on many issues, including, tenant responsibilities and duties with respect to the Property and its Common Area. The Association is structured to focus on certain tasks and advise the City on issues such as the following examples: (a) Provide answers to general questions about offerings by Noyes tenants and directions to studios; (b) Review requirements for community service of tenants annually and make recommendations to the City for any additions or changes; (c) Review subleases of tenants; (d) Review proposed annual operating budget for Center and proposed rental increases; (e) Review annual and five year capital improvement program for Center and make recommendations to City on spending priorities; and (f) Review applications of new tenants at Noyes and make recommendations to City on spending priorities. B. COMMUNITY ENGAGEMENT: Tenant may develop reasonable set programs (e.g. donated tickets for certain events, community theater events [including use of theater or other portions of the Premises by other not-for-profit organizations], and scholarships) to be a steward for the arts in the community. SECTION 19. REMOVAL OF OTHER LIENS In event any lien upon Landlord’s title results from any act or neglect of Tenant and Tenant fails to remove said lien within thirty (30) days after Landlord’s notice to do so, Landlord may remove the lien by paying the full amount thereof or otherwise and without any investigation or contest of the validity thereof and Tenant shall pay Landlord upon request the amount paid out by Landlord in such behalf, including Landlord’s costs, expenses and reasonable attorney’s fees. If Tenant demonstrates to Landlord that Tenant is contesting the validity of said lien in good faith, then Landlord shall allow Tenant to so contest such lien until either Tenant either abandons such contest or a final verdict is reached in a court of competent jurisdiction. Any amount advanced on behalf of Tenant shall be paid to Landlord by Tenant within 30 days after such advancement is made together with interest at 9% per annum and such amount shall be considered additional rentals (including any overage provided in either of the two [2] immediately preceding years). SECTION 20. REMEDIES NOT EXCLUSIVE The obligation of Tenant to pay the rent reserved hereby during the balance of the term hereof, or during any extension hereof, shall not be deemed to be waived, released or terminated, by the service of any five-day notice, other notice to collect, demand for possession, or notice that the tenancy hereby created will be terminated on the date therein named, the institution of any action of forcible detainer or ejectment or any judgment for possession that may be rendered in such action, or any other act or acts resulting in the termination of Tenant’s right to possession of the Premises. The Landlord may collect and receive any rent 677 of 728 NGEDOCS: 2064579.8 15 due from Tenant and payment or receipt thereof shall not waive or affect any such notice, demand, suit or judgment, or in any manner whatsoever waive, affect, change, modify or alter any rights or remedies which Landlord may have by virtue hereof. SECTION 21. EXPENSES OF ENFORCEMENT Tenant, if Landlord is the prevailing party, shall pay upon demand all Landlord’s costs, charges and expenses, including reasonable attorney’s fees, agents fees and fees of others retained by Landlord, incurred in enforcing any of the obligations of Tenant under this Agreement, or in any litigation, negotiation or transaction in which Landlord shall, without Landlord’s fault become involved through or on account of any action or omission of Tenant regarding this Agreement. Landlord, if Tenant is the prevailing party, shall pay upon demand all Tenant’s costs, charges and expenses, including reasonable attorney’s fees, agents fees and fees of others retained by Tenant, incurred in enforcing any of the obligations of Landlord under this Agreement, or in any litigation, negotiation or transaction in which Tenant shall, without Tenant’s fault become involved through or on account of any action or omission of Landlord regarding this Agreement. SECTION 22. EMINENT DOMAIN A. MORE THAN 30 PERCENT TAKEN: If 30 percent or more of the Premises are taken for a public or quasi-public use, this Agreement will terminate as of the date of the physical taking, and the Parties will be released from all further liability. B. LESS THAN 30 PERCENT TAKEN: If the taking affects less than 30 percent of the Premises, the Landlord will, with reasonable diligence, proceed at Landlord’s expense to repair the Premises and place them in tenantable condition within 120 days after the date of the actual physical taking. However, if 25% percent or more of the Premises as a whole is taken, the Landlord may elect to terminate this Agreement, notwithstanding that less than 30 percent of the Premises were taken. On termination, the parties will be released from all further liability under this Agreement. C. ABATEMENT OF RENT: During any repair, Tenant will be required to pay only that part of the fixed minimum monthly rental as the area of the tenantable Premises remaining during repairs bears to the entire area leased. On completion of repairs, the fixed minimum monthly rental will be adjusted in proportion to the repaired area, and Tenant will be required to pay the adjusted fixed minimum monthly rental in accordance this Agreement (attributable to the portion of the Premises taken) shall be forever waived and forgiven by Landlord. D. RIGHT TO CONDEMNATION AWARD: Any award made in any condemnation proceeding for the taking of any part of the Premises will be the sole property of Landlord, except that Tenant can make a claim for the unamortized portion of the cost incurred by Tenant for the Premises Improvements. SECTION 23. GOVERNMENTAL INTERFERENCE WITH POSSESSION Except as expressly set forth in Section 25, Tenant will not be released from its obligation should its possession of the Premises be interfered with by adoption of any law, ordinance, resolution, regulation or act of any legal or governmental authority. Further, Tenant 678 of 728 NGEDOCS: 2064579.8 16 will not be released by any order of abatement or judgment preventing use of the premises on the ground that the Premises or the business operated there constitutes a legally recognized nuisance. SECTION 24. PEACEFUL ENJOYMENT Landlord covenants and warrants that it is the owner of the Property and Premises, and that Tenant, on payment of rents and performance of the conditions, covenants, and agreements to be performed by it, may enjoy the Premises without interruption or disturbance. Landlord covenants, represents and warrants that there is no mortgage, deed of trust or similar encumbrance affecting the Property, as of the date hereof. SECTION 25. EFFECT OF WAIVER OF BREACH OF COVENANTS No waiver of any breach of any condition of this Agreement will be construed to be a waiver of any other breach of provision, covenant or condition. SECTION 26. AMENDMENTS TO BE IN WRITING This Agreement may be modified or amended only in writing signed by Landlord and Tenant. It may not be amended or modified by oral agreements between the Parties unless they are in writing duly executed by Landlord and Tenant. SECTION 27. PARTIES BOUND Every provision of this Agreement will bind the parties and their legal representatives. The term “legal representatives” is used in its broadest meaning and includes, in addition to assignees, every person, partnership, corporation or association succeeding to any interest in this Agreement. Every covenant, agreement and condition of this Agreement will be binding on Tenant’s successors and assignees. Any sublease, concession or license agreement will be subject and subordinate to this Lease. SECTION 28. NOTICES All notices or demands that either party may need to serve under this Agreement may be served on the other party by mailing a copy by registered or certified mail to the following addresses for the parties (or at such other address as the applicable party may designate in a written notice to the other party): If to the City: with a copy to: City Manager Corporation Counsel 2100 Ridge Avenue 2100 Ridge Avenue Evanston, IL 60201 Evanston, IL 60201 Fax: 847-448-8083 Fax: 847-448-8093 If to Tenant: Robert Andalman, President Next Theatre Company 927 Noyes Street Evanston, IL 60201 679 of 728 NGEDOCS: 2064579.8 17 Service will be deemed complete at the time of the leaving of notice or within 2 days after mailing. In the event that it appears that Tenant is avoiding the service of any notice and is not present at the Premises for a period of more than 14 consecutive days, notices may be served by posting such notice upon the Premises. Notice shall than be deemed effective 5 days after such posting. SECTION 29. MISCELLANEOUS A. Provisions typed on this Agreement and all riders attached to this Agreement and signed by Landlord and Tenant are hereby made a part of this Agreement. B. Tenant shall keep and observe such reasonable rules and regulations now or hereafter required by Landlord, which may be necessary for the proper and orderly care of the building of which the Premises are a part. C. All covenants, promises, representations and agreements herein contained shall be binding upon, apply and inure to the benefit of Landlord and Tenant and their respective heirs, legal representatives, successors and assigns. D. the rights and remedies hereby created are cumulative and the use of one remedy shall not be taken to excuse or waive the right to the use of another. E. The words “Landlord” and “Tenant” wherever used in this Agreement shall be construed to mean Landlords or Tenants in all cases where there is more than one Landlord or Tenant herein; and the necessary grammatical changes shall be assumed in each case as though full expressed. F. This Agreement and any written and signed Amendments and/or Riders hereto shall constitute the entire agreement between the parties, and any oral representations made by one party to the other are considered merged herein. G. In all cases where Landlord’s consent is required, Landlord’s consent shall not be unreasonably withheld. H. This Agreement may be executed in multiple copies, each of which shall constitute an original. SECTION 30. VENUE AND JURISDICTION The Parties agree the this Agreement shall be governed by and interpreted in accordance with the laws of the State of Illinois and that venue for any disputes shall be in the Circuit Court of Cook County, Illinois. SECTION 31. FORCE MAJEURE Other than for Landlord’s and Tenant’s obligations under this Lease that can be performed by the payment of money, whenever a period of time is herein prescribed for action to be taken by either party hereto, such time period will be extended by a period equal to the period of any delays in performance by the applicable party due to any of the following events (“Force Majeure”): (i) Acts of God, (ii) strike or other such labor difficulties not specific to any labor issue existing only at the Property, (iii) extraordinary weather conditions greatly exceeding 680 of 728 NGEDOCS: 2064579.8 18 norms for the greater metropolitan area where the Premises located, (iv) extraordinary scarcity of or industry-wide inability to obtain supplies, parts or employees to furnish such services, or (v) or any cause whatsoever beyond a party’s control. 681 of 728 NGEDOCS: 2064579.8 19 IN WITNESS WHEREOF, both of said Landlord and Tenant have caused this Agreement to be executed as of the date and year first above written by a duly authorized officer or manager of each of the respective parties. Landlord: THE CITY OF EVANSTON, an Illinois home rule municipal corporation By: Its: City Manager, Wally Bobkiewicz Tenant: NEXT THEATRE COMPANY an Illinois company By: Its: Robert Andalman, President 682 of 728 NGEDOCS: 2064579.8 20 STATE OF ILLINOIS ) ) SS. COUNTY OF COOK ) The Undersigned, a Notary Public in and for said County in the State aforesaid, do hereby certify that Wally Bobkiewicz, City Manager of the City of Evanston, personally known to me to be the same person whose name is subscribed to the foregoing instrument as such officer, appeared before me this day in person and acknowledged that he signed and delivered such instrument as his own free and voluntary act, and as the free and voluntary act of the City of Evanston, all for the uses and purposes set forth therein. Given under my hand and notarial seal on ____________, 2014. Notary Public My Commission Expires: STATE OF ILLINOIS ) ) SS. COUNTY OF COOK ) The Undersigned, a Notary Public in and for said County in the State aforesaid, do hereby certify that Robert Andalman, President of The Next Theatre Company, personally known to me to be the same person whose name is subscribed to the foregoing instrument as such officer, appeared before me this day in person and acknowledged that he signed and delivered such instrument as his own free and voluntary act, and as the free and voluntary act of the City of Evanston, all for the uses and purposes set forth therein. Given under my hand and notarial seal on ____________, 2014. Notary Public My Commission Expires: 683 of 728 EXHIBIT A PAGE1 NGEDOCS: 2064579.8 EXHIBIT A LEGAL DESCRIPTION OF PROPERTY PARCEL 1: BLOCK 1 IN TAIT’S SUBDIVISION OF BLOCK 4 OF ORRINGTON ADDITION TO EVANSTON, A SUBDIVISION OF THAT PART EAST OF THE CENTER LINE OF RIDGE AVENUE OF THE SOUTH ½ OF THE NORTH ½ OF THE SOUTH WEST ¼, AND THAT PART BETWEEN THE WEST LINE OF BLOCK 92 OF THE VILLAGE OF EVANSTON AND THE CHICAGO, EVANSTON AND LAKE SUPERIOR RAILROAD OF THE NORTH ½ OF THE NORTH ½ OF THE SOUTH ½ OF THE SOUTH WEST ¼ OF SECTION 07, TOWNSHIP 41 NORTH, RANGE 14, EAST OF THE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS; PARCEL 2: LOTS 12 TO 21, BOTH INCLUSIVE, IN BLOCK 2 IN TAIT’S SUBDIVISION OF BLOCK 4 OF ORRINGTON ADDITION TO EVANSTON, ACCORDING TO THE PLAT OF SAID TAIT’S SUBDIVISION RECORDED MARCH 8, 1906, AS DOCUMENT NUMBER 3829417, TOGETHER WITH THE VACATED ALLEY LYING SOUTH OF AND ADJOINING SAID LOT 12 IN BLOCK 2 IN TAIT’S SUBDIVISION, AFORESAID, ALL IN THE SOUTH WEST ¼ OF SECTION 07, TOWNSHIP 41 NORTH, RANGE 14, EAST OF THE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS; PARCEL 3: LOTS 1, 2, 3 AND 4 IN BLOCK 1 IN A. BURROUGHS’ ADDITION TO EVANSTON, A SUBDIVISION OF THAT PART OF LOT 15 AND THE EAST 145.5 FEET OF LOT 16 LYING WEST OF THE CHICAGO, EVANSTON AND LAKE SUPERIOR RAILROAD IN ASSESSOR’S DIVISION OF FRACTIONAL SECTION 07, TOWNSHIP 41 NORTH, RANGE 14 EAST OF THE THIRD PRINCIPAL MERIDIAN, TOGETHER WITH THE VACATED ALLEY LYING SOUTH OF LOT 1 AND NORTH OF THE LOTS 2, 3 AND 4 IN SAID BLOCK 1, ALL IN THE SOUTH WEST ¼ OF SECTION 07, TOWNSHIP 41 NORTH, RANGE 14, EAST OF THE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS; PARCEL 4: LOTS 1, 2, 3, 4 AND THE EAST 19 FEET OF LOT 5 IN BLOCK 2 IN A BURROUGHS’ ADDITION TO EVANSTON, ACCORDING TO THE PLAT OF SAID SUBDIVISION RECORDED APRIL 15, 1893, AS DOCUMENT NUMBER 1850049; TOGETHER WITH THE VACATED 16 FOOT ALLEY LYING EAST OF THE EAST LINE OF LOT 5 AND WEST OF THE WEST LINE OF SAID LOTS 1, 2, 3 AND 4 IN SAID BLOCK 2, ALSO TOGETHER WITH THE VACATED ALLEY LYING SOUTH OF AND ADJOINING SAID LOT 4 IN BLOCK 2, AFORESAID, ALL IN THE SOUTH WEST ¼ OF SECTION 07, TOWNSHIP 41 NORTH, RANGE 14, EAST OF THE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS; PARCEL 5: 684 of 728 EXHIBIT A PAGE2 NGEDOCS: 2064579.8 THAT PART OF LOT 16 IN ASSESSOR’S DIVISION OF FRACTIONAL SECTION 07, TOWNSHIP 41 NORTH, RANGE 14, EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT A POINT ON THE NORTH LINE OF NOYES STREET, WHICH IS 323.8 FEET EAST OF THE INTERSECTION OF SAID NORTH LINE OF NOYES STREET WITH THE CENTER LINE OF RIDGE AVENUE; THEN CONTINUING EAST ALONG THE NORTH LINE OF NOYES STREET, 125 FEET; THENCE NORTH 115.5 FEET TO THE SOUTH LINE OF LAND FORMERLY OWNED AND OCCUPIED BY ALONZO BURROUGHS, BEING NOW THE SOUTH LINE OF A. BURROUGHS’ ADDITION TO EVANSTON, A SUBDIVISION OF THAT PART OF LOT 15 AND THE EAST 145.5 FEET OF LOT 16 LYING WEST OF THE CHICAGO, EVANSTON AND LAKE SUPERIOR RAILROAD IN ASSESSOR’S DIVISION, AFORESAID; THENCE WEST ALONG THE LAST DESCRIBED LINE, 125 FEET TO THE EAST LINE OF THE W EST ½ OF SAID LOT 16 (BEING ALSO THE EAST LINE OF FOSTER AND KLINE’S ADDITION TO EVANSTON, BEING A SUBDIVISION OF THE WEST ½ OF THE LOT 16 IN ASSESSOR’S DIVISION, AFORESAID): THENCE SOUTH ALONG THE LAST DESCRIBED LINE, 115.5 FEET TO THE PLACE OF BEGINNING, ALL IN THE SOUTH WEST ¼ OF SECTION 07, TOWNSHIP 41 NORTH, RANGE 14, EAST OF THE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS; PARCEL 6: LOTS 3 AND 4 IN FOSTER AND KLINE’S ADDITION TO EVANSTON, BEING A SUBDIVISION OF THE WEST ½ OF LOT 16 IN ASSESSOR’S DIVISION OF FRACTIONAL SECTION 07, TOWNSHIP 41 NORTH, RANGE 14, EAST OF THE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS; PARCEL 7: ALL THAT PART OF VACATED ERVIN COURT LYING SOUTH OF THE SOUTH LINE OF COLFAX STREET AND NORTH OF THE NORTH LINE OF NOYES STREET, SAID ERVIN COURT HAVING BEEN VACATED BY CITY OF EVANSTON ORDINANCE DATED NOVEMBER 23, 1931, AND RECORDED MARCH 23, 1932, AS DOCUMENT NUMBER 11063489, ALL IN THE SOUTH WEST ¼ OF SECTION 07, TOWNSHIP 41 NORTH, RANGE 14, EAST OF THE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS. Real property address: 927 Noyes, Evanston, Illinois 60201 PIN:11-07-114-027-0000 685 of 728 EXHIBIT B PAGE 1 EXHIBIT B NOYES CULTURAL ARTS CENTER PROPERTY FEES SCHEDULE 686 of 728 For City Council meeting of July 14, 2014 Item H7 Resolution 52-R-14: Next Theatre Company Promissory Note For Action To: Honorable Mayor and Members of the City Council From: Joe McRae, Director of Parks, Recreation and Community Services Christina Ferraro, Assistant Director of Community Services Subject: Resolution 52-R-14, Promissory Note – Next Theatre Company Date: July 14, 2014 Recommended Action: City staff and Human Services Committee recommend City Council adoption of Resolution 52-R-14 authorizing the City Manager to negotiate debt repayment and authorize enforcement of the collection of debt owed to the City by Next Theatre Company in the principal amount of $76,345. Funding Source: Debt recovery will be deposited into the Noyes Cultural Arts Business Unit 3710. Summary: Next Theatre has been a tenant of the NCAC for over thirty years and put on a variety of successful productions. Unfortunately, Next Theatre has been unable to make its rent obligations for more than 2 years and despite City staff efforts to work with the tenant on repayment of the debt, a suitable repayment plan and payment of rent going forward cannot be achieved. Concurrently with the execution of a lease agreement to expire on May 31, 2015, Next Theatre must execute a promissory note for the debt owed. The promissory note repayment terms are as follows: 5 year term with monthly payments of principal and interest at $1,338.16, accruing interest at 2% per year, and the repayment start date is not until June 1, 2015 and terminating on May 31, 2020. The debt is with Next Theatre Company only. ------------------------------------------------------------------------------------- Attachments: Resolution 52-R-14 Exhibit 1 – Promissory Note Memorandum 687 of 728 6/24/2014 52-R-14 A RESOLUTION Authorizing the City Manager to Negotiate Debt Repayment and Authorize Enforcement of Collection with a Promissory Note to be executed by Next Theatre Company NOW BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS, THAT: SECTION 1: Next is a current tenant of the Noyes Cultural Arts Center and no longer able to meet its rent obligations to the City for the lease of certain theater and studio spaces within the City facility. The City Manager is hereby authorized and directed to negotiate debt repayment and authorize collection efforts with Next Theatre Company, an Illinois not-for-profit corporation (“Next”). The promissory note to be executed by Next is attached as Exhibit 1 and the term are incorporated herein by reference. The first payment under the Note (June 1, 2015) coincides with the conclusion of the tenancy at the Noyes Cultural Art Center (May 31, 2015). SECTION 2: The City Manager is hereby authorized and directed to negotiate any additional conditions of the Agreement as he may determine to be in the best interests of the City in order to collect past due rent owed to the City by Next Theatre Company in the total principal amount of $76,345.00 (Seventy-Six Thousand Three Hundred Forty-Five and 00/100 Dollars). SECTION 3: This Resolution 52-R-14 shall be in full force and effect from and after its passage and approval in the manner provided by law. 688 of 728 52-R-14 _______________________________ Elizabeth B. Tisdahl, Mayor Attest: _______________________________ Rodney Greene, City Clerk Adopted: __________________, 2014 689 of 728 52-R-14 EXHIBIT 1 Promissory Note 690 of 728 PROMISSORY NOTE Name and Address of Borrower: Next Theatre Company 927 Noyes Street Evanston, IL 60201 Dated: ________, 2014 1. BORROWER’S PROMISE TO PAY FOR VALUE RECEIVED, the undersigned, Next Theatre Company, an Illinois not-for- profit corporation (referred to hereafter as the "Borrower"), promise to pay to the order of the City of Evanston, an Illinois home rule municipal corporation, with its principal office located at 2100 Ridge Avenue, Evanston, Illinois (the “Lender”), in the manner provided in this Note, the principal sum of $76,345.00 (Seventy-Six Thousand Three Hundred Forty-Five and 00/100 Dollars) (the “Loan”), together with interest computed on the basis of a 365 day year, from the date of disbursement on the balance of principal remaining from time to time unpaid at an annual rate equal to two percent (2.0%). Any principal amount not paid when due (at maturity, by acceleration, or otherwise) will bear interest thereafter until paid at a rate, which will be eighteen percent (18%). The Lender or anyone who takes this Note by transfer and who is entitled to receive payments under this Note will be called "Note Holder". 2. LOAN TERM, FORGIVENESS AND REPAYMENT The term of the Loan is five (5) years commencing on June 1, 2015 and ending on May 31, 2020 (the “Loan Term”). The Loan will bear interest during the Loan Term at 2.0% (two percent) interest per annum and payable in monthly installments of $1,338.16 on or before the 1st of each month. If the Borrower’s Loan payment is five days after the first of the month or more, there shall be assessed Attached as Exhibit “1” is the repayment schedule for the entire Loan Term and incorporated herein by reference. The Loan can be pre-paid with no penalty or fee assessed against the Borrower. Pursuant to City Council Resolution 52-R-14, the City authorized the collection of the past due rent from its long-term tenant and Borrower under this Note. The security deposit from the tenancy posted by Borrower several years ago in the amount of $1,149.64 will be applied to the principal balance of this Loan after satisfaction of any and all repair costs incurred by the City following the termination of the tenancy. 4. DEFAULT AND REMEDIES A. The occurrence of any one or more of the following events (“Event of Default”) with respect to Borrower shall constitute a default hereunder (“Default”): 1) Failure to remit a loan payment to Lender; 691 of 728 2) Borrower or any beneficiary thereof shall (i) file a petition for liquidation, reorganization, or adjustment of debt under Title 11 of the United States Code or any similar law, state or federal, whether now or hereafter existing, or (ii) file any answer admitting insolvency or inability to pay debts, or (iii) fail to obtain a vacation or stay of involuntary proceedings within ten days, as hereinafter provided; or 3) Borrower or any beneficiary thereof shall make an assignment for the benefit of creditors of this Note, or shall admit in writing of its inability to pay its debts generally as they become due, or shall consent to the appointment of a receiver or trustee or liquidator. B. If the Borrower does not cure the Event of Default specified above upon notice from Lender within 15 (fifteen) days from said notice, the Lender may assert any all rights provided in law and in this Note. The notice shall further inform Borrower of the right to reinstate after acceleration and the right to bring a court action to assert the nonexistence of a default or any other defense of Borrower to acceleration and foreclosure. If the Borrower does not cure the Default within the specified Other Default Cure Period within the notice, then this Note is due and payable only with respect to the remaining balance of the Loan at the time of Default. C. If the Borrower Defaults hereunder and fails to cure the Default, during the 5-year loan Term, the Loan shall be immediately due and owing and the balance of the Loan shall be immediately repaid to Lender in full. D. If any payments of interest or the unpaid principal balance due under this Note become overdue for a period in excess of ten days, the Borrower shall pay to Lender a late charge of $50 per day. If any attorney is engaged by Lender, including in-house staff (a) to collect the indebtedness evidenced hereby or due under the Loan Documents, whether or not legal proceedings are thereafter instituted by Lender; (b) to represent Lender in any bankruptcy, reorganization, receivership, or other proceedings affecting creditors’ rights and involving a claim under this Note; (c) to protect the lien of any of the Loan Documents; (d) to represent Lender in any other proceedings whatsoever in connection with this Note or any of the Loan Documents or the real estate described therein; or (e) as a result of the Borrower’s Default and collection efforts, the Borrower shall pay to Lender all reasonable attorneys’ fees and expenses incurred or determined to be due in connection therewith, in addition to all other amounts due hereunder. E. Lender’s remedies under this Note, and all of the other Loan Documents shall be cumulative and concurrent and may be pursued singly, successively, or together against the Borrower and any other Obligors (as defined below), the Property, and Lender may resort to every other right or remedy available at law or in equity without first exhausting the rights and remedies contained herein, all in Lender’s sole discretion. Failure of Lender, for a period of time or on more than one occasion to exercise its option to accelerate the maturity date shall not constitute a waiver of the right to exercise that option at any time during the continued existence of the Default or in the 692 of 728 event of any subsequent Default. Lender shall not by any other omission or act be deemed to waive any of its rights or remedies hereunder unless such waiver is in writing and signed by Lender, and then only to the extent specifically set forth therein. A waiver in connection with one event shall not be construed as continuing or as a bar to or waiver of any right or remedy in connection with a subsequent event. 5. PAYMENT OF NOTE HOLDER'S COSTS AND EXPENSES If the Lender is required to initiate legal process as the result of the Borrower’s Default as described above, the Lender will have the right to be paid back for all of its costs and expenses incurred as a result of such Default, to the extent not prohibited by applicable law. Those costs and expenses include but are not limited to, reasonable attorneys' fees, court costs, and related litigation expenses. 6. BORROWER'S WAIVERS To the extent permitted by law, the Borrower waives all rights to require the Lender to do certain things. These things are: (A) to demand payment of amounts due (known as "presentment"); (B) to give notice that amounts due have not been paid (known as "notice to dishonor"); (C) to obtain an official certification of nonpayment (known as "protest"). If more than one person signs this Note, each person is fully and personally obligated to keep all of the promises made in this Notes, including the promise to pay the full amount owed. Any person, who takes over these obligations, is also obligated to keep all promises made in this Note. The Lender may enforce its rights under this Note against each person individually or against all of us together. 7. GIVING OF NOTICES Any notices that must be given to the Borrower under this Note will be given by delivering or by mailing by certified mail addressed to the Borrower at the address of the Property set forth above. Any notice that must be given to the Lender under this Note will be given by delivering it or mailing it by certified mail to the Lender at the following address: City of Evanston Attn: Marty Lyons, Chief Financial Officer/Asst. City Manager 2100 Ridge Avenue Evanston, Illinois 60201 with a copy to: City of Evanston Attn: W. Grant Farrar, Corporation Counsel 2100 Ridge Avenue, Room 4400 Evanston, Illinois 60201 8. RESPONSIBILITY OF PERSONS UNDER THIS NOTE 693 of 728 The Lender may enforce its rights under this Note against the signatories, not individually but as officers of the Borrower. Any company or successor in interest to Borrower who takes over the rights or obligations of the Borrower, with the written permission of the Lender, will have all of the Borrower’s rights and must keep all of the Borrower’s promises made in this Note. 9. GOVERNING LAW AND WAIVER OF TRIAL BY JURY This Promissory Note shall be governed by the laws of the State of Illinois. Borrower hereby represents and warrants that it knowingly and voluntarily waives any rights to trial by jury for any litigation related to or arising out of, under, or in any way connected with the obligations of this Note. 10. MISCELLANEOUS The headings of sections and paragraphs in this Note are for convenience only and shall not be construed in any way to limit or define the content, scope, or intent of the provisions hereof. As used in this Note, the singular shall include the plural, and masculine, feminine, and neuter pronouns shall be fully interchangeable, where the context so requires. If any provision of this Note, or any paragraph, sentence, clause, phrase, or word, or the application thereof, in any circumstances, is adjudicated to be invalid, the validity of the remainder of this Note shall be construed as if such invalid part were never included herein. Time is of the essence of this Note. Upon any endorsement, assignment, or other transfer of this Note by Lender or by operation of law, the term “Lender,” as used herein, shall mean such endorsee, assignee, or other transferee or successor to Lender then becoming the holder of this Note. This Note and all provisions hereof shall be binding on all persons claiming under or through the Undersigned. The terms “Undersigned” and “Borrower,” as used herein, shall include the respective beneficiaries, successors, assigns, legal and personal representatives, executors, administrators, devisees, legatees, and heirs of the Undersigned and Borrower and shall be binding upon the same The Undersigned have caused this Note to be executed as of the ____ day of July, 2014. BORROWER: NEXT THEATRE COMPANY Signature: ________________________ Its: ______________________________ Print Name: _______________________ 694 of 728 EXHIBIT 1 LOAN PAYMENT SCHEDULE Date Interest Principal Balance Jun, 2015 $127.24 $1,210.92 $75,134.08 Jul, 2015 $125.22 $1,212.93 $73,921.15 Aug, 2015 $123.20 $1,214.95 $72,706.20 Sep, 2015 $121.18 $1,216.98 $71,489.22 Oct, 2015 $119.15 $1,219.01 $70,270.21 Nov, 2015 $117.12 $1,221.04 $69,049.17 Dec, 2015 $115.08 $1,223.07 $67,826.09 2015 $848.19 $8,518.91 $67,826.09 Jan, 2016 $113.04 $1,225.11 $66,600.98 Feb, 2016 $111.00 $1,227.16 $65,373.83 Mar, 2016 $108.96 $1,229.20 $64,144.62 Apr, 2016 $106.91 $1,231.25 $62,913.38 May, 2016 $104.86 $1,233.30 $61,680.07 Jun, 2016 $102.80 $1,235.36 $60,444.72 Jul, 2016 $100.74 $1,237.42 $59,207.30 Aug, 2016 $98.68 $1,239.48 $57,967.82 Sep, 2016 $96.61 $1,241.54 $56,726.28 Oct, 2016 $94.54 $1,243.61 $55,482.67 Nov, 2016 $92.47 $1,245.69 $54,236.98 695 of 728 Date Interest Principal Balance Dec, 2016 $90.39 $1,247.76 $52,989.22 2016 $1,221.01 $14,836.87 $52,989.22 Jan, 2017 $88.32 $1,249.84 $51,739.38 Feb, 2017 $86.23 $1,251.92 $50,487.45 Mar, 2017 $84.15 $1,254.01 $49,233.44 Apr, 2017 $82.06 $1,256.10 $47,977.34 May, 2017 $79.96 $1,258.19 $46,719.15 Jun, 2017 $77.87 $1,260.29 $45,458.86 Jul, 2017 $75.76 $1,262.39 $44,196.46 Aug, 2017 $73.66 $1,264.50 $42,931.97 Sep, 2017 $71.55 $1,266.60 $41,665.36 Oct, 2017 $69.44 $1,268.71 $40,396.65 Nov, 2017 $67.33 $1,270.83 $39,125.82 Dec, 2017 $65.21 $1,272.95 $37,852.87 2017 $921.54 $15,136.35 $37,852.87 Jan, 2018 $63.09 $1,275.07 $36,577.80 Feb, 2018 $60.96 $1,277.19 $35,300.61 Mar, 2018 $58.83 $1,279.32 $34,021.29 Apr, 2018 $56.70 $1,281.45 $32,739.83 May, 2018 $54.57 $1,283.59 $31,456.24 Jun, 2018 $52.43 $1,285.73 $30,170.51 696 of 728 Date Interest Principal Balance Jul, 2018 $50.28 $1,287.87 $28,882.64 Aug, 2018 $48.14 $1,290.02 $27,592.62 Sep, 2018 $45.99 $1,292.17 $26,300.45 Oct, 2018 $43.83 $1,294.32 $25,006.13 Nov, 2018 $41.68 $1,296.48 $23,709.65 Dec, 2018 $39.52 $1,298.64 $22,411.01 2018 $616.02 $15,441.86 $22,411.01 Jan, 2019 $37.35 $1,300.81 $21,110.20 Feb, 2019 $35.18 $1,302.97 $19,807.23 Mar, 2019 $33.01 $1,305.14 $18,502.09 Apr, 2019 $30.84 $1,307.32 $17,194.77 May, 2019 $28.66 $1,309.50 $15,885.27 Jun, 2019 $26.48 $1,311.68 $14,573.58 Jul, 2019 $24.29 $1,313.87 $13,259.72 Aug, 2019 $22.10 $1,316.06 $11,943.66 Sep, 2019 $19.91 $1,318.25 $10,625.41 Oct, 2019 $17.71 $1,320.45 $9,304.96 Nov, 2019 $15.51 $1,322.65 $7,982.31 Dec, 2019 $13.30 $1,324.85 $6,657.46 2019 $304.33 $15,753.55 $6,657.46 Jan, 2020 $11.10 $1,327.06 $5,330.40 697 of 728 Date Interest Principal Balance Feb, 2020 $8.88 $1,329.27 $4,001.13 Mar, 2020 $6.67 $1,331.49 $2,669.64 Apr, 2020 $4.45 $1,333.71 $1,335.93 May, 2020 $2.23 $1,335.93 $0.00 2020 $33.32 $6,657.46 $0.00 698 of 728 For City Council meeting of July 14, 2014 Item H8 Resolution 53-R-14: Actor’s Gymnasium Inc. Lease Agreement For Action To: Honorable Mayor and Members of the City Council From: Joe McRae, Director of Parks, Recreation and Community Services Christina Ferraro, Assistant Director of Community Services Subject: Resolution 53-R-14 Actor’s Gymnasium Inc. Lease Agreement Date: July 14, 2014 Recommended Action: City staff and Human Services Committee recommend City Council approval of Resolution 53-R-14 authorizing the City Manager to enter into an agreement with Actor’s Gymnasium Inc. for 8 month lease term for the space at the Noyes Cultural Arts Center. Funding Source: Revenues are deposited into the Noyes Cultural Arts Business Unit 3710. Summary: The studio leases are for an eight-month term (05/01/2014-12/31/2014). The lease agreements for the resident artist studios at the Noyes Cultural Arts Center (NCAC) are renewed annually to allow the option for fee increases and to gain approval of the tenants’ current year community service proposals. This lease term is set to begin on May 1, 2014 and will run for eight months through December 31, 2014 as the process was delayed with the Noyes Tenant Association and Arts Council recommendations. The 2013 leases were extended through April 30, 2014 at the 2013 rates. The proposed 2014 eight month lease rates include a three percent increase from 2013. For the term beginning on May 1, 2014, Actor’s Gymnasium, Inc. will rent the Great Hall, storage space and office space room 100. This is a new office space as the City of Evanston staff has moved to the Civic Center and the large administrative office has been retrofitted and now serves as Rooms 100 and 101. Actors Gym will rent Room 100. Room 101 is being used by City staff: Fleetwood Jourdain Theatre and arts summer camp. Based upon these amendments there will potentially be three vacant spaces available for rent at Noyes: B11, studio 109 and studio 108. These will be discussed at the City Council meeting in September City Council Meeting. Memorandum 699 of 728 Attachments Resolution 53-R-14 Copy of Studio Master Lease Page 2 of 2 700 of 728 6/24/2014 53-R-14 A RESOLUTION Authorizing the City Manager to Execute a Renewal Lease Agreement with The Actor’s Gymnasium, Inc. for Theater and Studio Space at the Noyes Cultural Arts Center WHEREAS, the City of Evanston (“City”) owns certain real pr operty, including the property commonly known as the Noyes Cultural Arts Center (“NCAC”) at 927 Noyes Street, Evanston, Illinois; and WHEREAS, the City leases space in the NCAC to resident artists and groups including The Actor’s Gymnasium, Inc. (“Actors Gym”), an Illinois non -for-profit corporation; and WHEREAS, on February 11, 2013, the City Council adopted Ordinance 16-O-13, which approved the lease of the Great Hall and storage space to Actors Gym (the “Lease”); and WHEREAS, the City and Actors Gym desire to enter into a renewal agreement to reflect changes in rent and studio space being utilized; and WHEREAS, the City Council finds it to be in the best interest of the City to continue to lease NCAC Great Hall, studio and storage space to Actors Gym, and to negotiate and execute a renewal lease agreement with Actors Gym, NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS: SECTION 1: The City Manager is hereby authorized and directed to execute a renewal lease agreement (the “Renewal Agreement”) by and between the 701 of 728 53-R-14 City of Evanston and the Actors Gym, which is attached hereto as Exhibit “1” and incorporated herein by reference. SECTION 2: The Renewal Agreement reflects a 3% increase in the rental rate commencing June 1, 2014, updates the Noyes Cultural Arts Center Property Fees schedule, substitutes the use of Room 104 studio to Room 100 for the Renewal Agreement, and all other terms remain the same with this Renewal Agreement. SECTION 3: The City Manager is hereby authorized and directed to negotiate any additional conditions of the Renewal Agreement as he may determine to be in the best interests of the City. SECTION 4: This Resolution 53-R-14 shall be in full force and effect from and after its passage and approval in the manner provided by law. _______________________________ Elizabeth B. Tisdahl, Mayor Attest: ______________________________ Rodney Greene, City Clerk Adopted: __________________, 2014 702 of 728 53-R-14 EXHIBIT 1 RENEWAL LEASE AGREEMENT 703 of 728 This Master Studio Lease Agreement (the “Lease”) is executed on the ______ day of ___________, 2014, by and between The City of Evanston, an Illinois municipal corporation and a home rule unit of the State of Illinois ("Lessor"), and The Actors Gymnasium (“Lessee"), an arts organization. The Lessor and the Lessee shall be collectively referred to as the “Parties.” 1. RENTAL RATE A. Lessee will pay Lessor the rental rate of $1,076.36 per month and due on or before the 1st day of each month for the initial term of the Lease, as defined in Paragraph 2 (the “Rent”). B. LATE CHARGES. Late fees will be assessed for rent due and owning to Lessor and all other invoiced charges in the amount of 10% of the invoice or $50.00, whichever is greater. Late fees only apply if the administrative office of the Cultural Arts Division or the Department of Parks, Recreation and Community Services receives payment AFTER 5:00 p.m. on the fifth day of each month for rent and/or if payment is received after 5:00 p.m. on the due date as specified on the invoice for all other charges. Assessed late fees not paid by the due date specified on the invoice will be billed double the amount on the next billing cycle. C. The Lessee is liable for all lease fees, including any late fees or fees for additional services, and for any damage, upkeep or losses to the Noyes Cultural Arts Center (“NCAC”) to the building, furniture, personal property or equipment caused or attributable in any way to Lessee, Lessee’s invitees, Lessee’s agents or employees, during the Lease Term. Additional fees include but are not limited to: parking fees, custodial overtime, utility fees, and other accrued charges. The Lessor may bill other charges separately. See Appendix D. D. All payments shall be paid to: City of Evanston Parks, Recreation and Community Services Department Lorraine H. Morton Civic Center 2100 Ridge Avenue, Room 1100 Evanston, IL 60201 2. TERM OF LEASE A. The term of this Lease will be for 8.5 years and will commence on June 1, 2014 and will terminate on December 31, 2023. B. Initial Term. The initial term will commence on June 1, 2014, and will continue through December 31, 2014. C. If Applicable, Terms of Lease Continuation: All lease provisions shall remain the same through the lease termination date, except that 1) all applicable new legislation shall be herein incorporated into the terms of the Lease by reference as though specifically stated; 2) Community Service requirements between Lessee and the Lessor shall be renegotiated; 3) the Rent shall increase by an amount to be determined solely by the Lessor in consultation with the NCAC Tenants Association, but not to exceed ten percent (10%) of the previous year’s monthly Rent, and 4) the Lessor reserves the right to revise the Lessee’s insurance requirements as to type(s) of coverage and policy LESSEE DATE _______________________________________________________ ____________ 1 704 of 728 amounts. The Parties acknowledge and agree that the leased spaces at the NCAC are leased below market rental rates for comparable spaces. Prior to execution of this Lease, and within 10 days of the first month of any beginning term of this Lease, all Lessees must provide the Lessor with a copy of their Annual Charitable Organization Report Form AG900-IL filed with Illinois Attorney General (if not-for-profit) or Federal Income Tax Return 1040 Schedule C, 1120-S or 1065 (if for-profit). Lessor reserves the right to not renew the Lease Agreement, see Paragraph 12. 3. LEASED PREMISES Lessor leases to Lessee the workspace (the “Leased Premises"), situated at 927 Noyes, Suite 100, Evanston, Illinois 60201. The Leased Premises are part of a cultural arts center containing other leased spaces, a parking area and common facilities. The commercial center is known as the Noyes Cultural Arts Center. The term "Common Facilities" as used in this Lease will include those facilities within the Noyes Cultural Arts Center for the nonexclusive use of Lessee in common with other authorized users, and includes, but is not limited to, sidewalks, planted areas, open means of ingress and egress, and the parking area. 4. MOVING If the Lessor requires vacation of the Leased Premises and/or relocation within the NCAC, excluding an emergency, the Lessor will give Lessee at least sixty (60) days written notice. The Lessor will arrange for, and bear the cost of, moving Lessee’s equipment, personal property, and other items (excluding computers, wiring, and telephones) into a comparable space with comparable amenities within the NCAC. If a comparable space is not available or if Lessee/Sub-lessee does not accept the space offered by the Lessor, Lessee/Sub-lessee will vacate the Leased Premises by the end of the 60-day notice period. If Lessee fails to vacate by the date determined in writing from the Lessor, Lessee will be charged a $25.00 per day storage fee or a daily storage fee based on the per diem cost of the leased space whichever is greater. 5. CONDITION AND UPKEEP OF LEASED PREMISES Lessee represents that it has examined the Premises, and has received the Premises in good order and repair, and acknowledges that no representations to the condition or repair thereof have been made by the Lessor or its agent prior to or at the execution of this Lease that are not herein expressed or endorsed hereon. The Lessee’s taking possession shall be conclusive as evidence against the Lessee that the Leased Premises were in good order and satisfactory condition when the Lessee took possession except for a list of items to be completed or repaired, signed by the Lessor and Lessee prior to Lessee’s occupancy. No promise by the Lessor or the NCAC staff to alter, remodel, decorate, clean or improve the Leased Premises or the NCAC and no representation has been made by Lessor or the NCAC staff to Lessee respecting the condition of the Leased Premises unless the same is expressly contained herein. LESSEE DATE _______________________________________________________ ____________ 2 705 of 728 6. CARE, MAINTENANCE AND CUSTODIAL SERVICES A. The Lessee shall, at the Lessee's own expense, keep the Leased Premises in good condition and shall pay for the repair of any damages caused by the Lessee, its agents, employees or invitees. The Lessee shall keep the Leased Premises in clean condition and presentable to the public. The Lessee shall pay the Lessor for overtime wages for staff and for any other related expenses incurred in the event that repairs, alterations, decorating or other work in the Leased Premises are not made during ordinary business hours at the Lessee's request. B. Lessee will keep the Leased Premises, including all walls, surfaces and appurtenances, in good repair. At no time shall Lessee move, remove, handle, injure or disturb any property not theirs on or in the Leased Premises. Lessee shall be responsible for repairs, damages and losses for damages sustained outside the Leased Premises attributable to Lessee’s activities or invitees. All damage must be reported in writing to the Director of Parks, Recreation and Community Services, or his or her designee, by the next City of Evanston business day. Repairs by Lessee must have prior written approval by the Director of Parks, Recreation and Community Services, or his or her designee, and must occur within thirty (30) days of such approval unless the Director of Parks, Recreation and Community Services, or his or her designee, gives a prior written request or grants approval for an extension beyond the thirty (30) days. If Lessee fails to make the necessary repairs by the date determined by the Lessor, the Lessor has the option to make the necessary repairs and Lessee agrees to promptly pay for those repairs upon presentation of an invoice by the Lessor to the Lessee. The Lessor may terminate this Lease for Lessee’s failure to make the necessary repairs by the due date. Lessees are required upon lease termination to leave space in the same or better condition than at beginning of lease. Normal wear and tear excepted. See Appendix C. 7. MACHINERY, HOUSING ACCOMODATIONS, INFLAMMABLES, WATER A. Unless the Lessor gives prior written consent in each and every instance, the Lessee shall not: install or operate any steam or internal combustion engine, boiler, machinery, refrigerating or heating device or air-conditioning apparatus in or about the Leased Premises; carry on any mechanical business in the Leased Premises, use the Leased Premises for housing accommodations, lodging, or otherwise for sleeping purposes, do any cooking therein, install or permit the installation of any vending machines, use any illumination other than electric light, use or permit to be brought into the NCAC any inflammable oils or fluids such as gasoline, kerosene, naphtha and benzene, or use any explosive or other articles hazardous to persons or property. B. The Lessee shall not waste water by tying, wedging or otherwise fastening open, any faucet. C. The Lessee shall not install in the Leased Premises any equipment which uses a substantial amount of electricity without the prior written consent of the Lessor. LESSEE DATE _______________________________________________________ ____________ 3 706 of 728 8. ALTERATIONS A. The Lessee shall not do any painting or decorating, or erect any partitions, make any alterations in or additions to the Leased Premises or to the NCAC, or do any nailing, boring or screwing into the ceilings, walls or floors, without the Lessor's prior written consent in each and every instance. Unless otherwise agreed by the 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 the Noyes Cultural Arts Center: 1. plans and specifications; 2. names and addresses of contractors; 3. copies of contracts; 4. necessary permits including, but not limited to, electrical; 5. indemnification in form and amount satisfactory to the 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 the Lessor as an additional insured. B. The Lessor’s decision to refuse or approve such consent shall be conclusive. Whether 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 alterations or additions. Any mechanic's lien filed against the Leased Premises, or the NCAC of which the same form a part, for work claimed to have been furnished to the Lessee shall be discharged of record by the Lessee within ten (10) days thereafter, at the Lessee's expense, see Paragraph 11 for further terms. Upon completing any alterations or additions or at the request of the Lessor, the Lessee shall furnish the Lessor with contractors' affidavits and full and final waivers of lien(s) and use. All alterations and additions shall comply with all insurance requirements and with all ordinances, state and federal laws and regulations and other requirements of any pertinent governmental authority. All alterations and additions shall be constructed in a good and workmanlike manner and good grades of materials shall be used. C. All additions, decorations, fixtures, hardware, non-grade fixtures and all improvements, temporary or permanent, in or upon the Leased Premises, whether placed there by the Lessee or by the Lessor, shall, unless the Lessor requests their removal, become the Lessor’s and shall remain upon the Leased Premises at the termination of this Lease by lapse of time or otherwise without compensation or allowance or credit to the Lessee. If, upon the Lessor’s request, the Lessee does not remove said additions, decorations, fixtures, hardware, non-grade fixtures and improvements, the Lessor may remove the same and the Lessee shall pay the cost of such removal to the Lessor upon demand. LESSEE DATE _______________________________________________________ ____________ 4 707 of 728 9. LIMITATION ON SUBLEASES A. Lessee must obtain prior approval for any and all subleases of the Leased Premises from the NCAC Tenants Association. Lessee may sublease their space as desired, provided that the sublease does not exceed six months in any given one-year lease term. Subleases must be submitted in writing to the Director of Parks, Recreation and Community Services, or his or her designee. No locks or similar devices, other than those provided by the Lessor, shall be attached to any door. B. This Lease may not be assigned by either party without the prior written consent of the Lessor. C. Lessee understands and agrees that the NCAC and the Leased Premises are public property and that all activities and productions must be consistent with this public status. Slanderous, libelous, obscene, unlawful, or hazardous actions and/or words are prohibited. Any violation of this provision may, at the Lessor’s option, be a material breach of the Lease. D. Lessee shall not permit any alteration, renovation, installation, or addition to any part of Leased Premises, or in the public areas of the NCAC, except by the prior written consent of the Director of Parks, Recreation and Community Services or designee. The cost of all such alterations and additions to said Leased Premises shall be borne by Lessee, and shall be performed in accordance with all applicable legislation and may require Lessee to provide the Lessor in advance of such work with insurance in type, form and amount satisfactory to the Lessor. Fixtures shall remain for the benefit of the Lessor unless the Lessor determines otherwise prior to installation, and notifies Lessee in writing of said determination. Improvements made by the Lessee to the studio are fixtures if they require removal and/or replacement of an existing fixture, or installation into or on the foundation, walls, ceiling, floors or windows. 10. TERMINATION A. Any party hereto may terminate this Lease for any reason upon written notice to the other party hereto, said notice to be delivered not less than sixty (60) days prior to the first day of the month of the contemplated termination. B. The Lessor may also terminate this Lease for cause. “Cause” is a material breach of the Lease by the Lessee, including, but not limited to failure to pay rent; failure to provide all required insurance and indemnity; performances and actions inconsistent with the public ownership of the Leased Premises; and actions which create or may create a hazard to the public health, welfare and safety. The Lessor will provide Lessee an opportunity to cure any default (the “Cure Period”). The Cure Period may be up to 30 days; however, a method and schedule to cure must be provided to the Director of Parks, Recreation and Community Services in writing within 24 hours of the next business day of the Lessor’s notification to the Lessee. Lessee understands that there is no entitlement to a 30-day cure period, but subject to the discretion of the City. Thereafter, if the cure is not completed, the Lessor may terminate this Lease with fourteen (14) days notice to Lessee unless the “cause” is a fore-described hazard to the public, in which case the Lessor may terminate the Lease with five (5) days notice. C. Notwithstanding anything to the contrary elsewhere in this Lease, if Lessee fails to maintain all insurance as required by this Lease, Lessee shall, upon written notice from the Lessor, cease all operations immediately and shall have no access whatsoever LESSEE DATE _______________________________________________________ ____________ 5 708 of 728 to its Leased Premises. The Lessor shall have no liability to Lessee for any claim of lost profits, revenues or opportunities. The Lessor may, but is not obligated to, give Lessee an opportunity to comply with the insurance requirements of this Lease. In such event, the Lessor reserves the right to increase required policy limits and/or to require Lessee to purchase additional types of insurance if doing so is in the interests of the public welfare. Any cure period the Lessor gives regarding insurance may be given in increments of one business day. Any cure period given does not obligate the Lessor to give additional cure period(s). The Lessor shall have the option of declaring the Lessee in default for failure to comply with the insurance requirements of this Lease. In the event Lessee fails to provide satisfactory evidence of insurance and the Lessor has denied access, Lessee is still liable for rent of the Leased Premises and other charges as assessed. See Paragraph 12 for Insurance obligations for the Lessee. D. Holding Over; Surrender of Premises. Lessee will, at the termination of this Lease, leave the Premises in as good condition as they are in at the time of entry by lessee, except for reasonable use and wear, acts of God, or damage by casualty beyond the control of Lessee. On vacating, Lessee will leave the Premises clear of all rubbish and debris. If Lessee retains possession of the Premises or any part thereof after the termination of the term by lapse of time or otherwise, then Lessor may at its option within thirty days after termination of the term serve written notice upon Lessee that such holding over constitutes (a) renewal of this lease for one year, and from year to year thereafter, at double the rental (computed on an annual basis) specified in Section III, or (b) creation of a month to month tenancy, upon the terms of this Lease except at 200% the monthly rental specified rent. If no such written notice is served then a month to month tenancy with rental as stated at (b) shall have been created. Lessee shall also pay to Lessor all damages sustained by Lessor resulting from retention of possession by Lessee. The provisions of this paragraph shall not constitute a waiver by Lessor of any right of re-entry as hereinafter set forth; nor shall receipt of any rent or any other act in apparent affirmation of tenancy operate as a waiver of the right to terminate this Lease for a breach of any of the covenants herein. 11. LIENS AND INDEMNITY A. Liens and Encumbrances. The Lessee will hold the Lessor harmless from all claims, liens, claims of lien, demands, charges, encumbrances or litigation arising out of any work or activity of Lessee on the Premises. Lessee will, within Sixty (60) days after filing of any lien, fully pay and satisfy the lien and reimburse Lessor for all resulting loss and expense, including a reasonable attorney's fees. Provided, however, in the event that Lessee contests any lien so filed in good faith and pursues an active defense of said lien, Lessee shall not be in default of this paragraph. However, in the event of any final judgment against Lessee regarding such lien, Lessee agrees to pay such judgment and satisfy such lien within 60 days of the entry of any such judgment. B. If Lessee fails to fully discharge any claim, lien, claim of lien, demand, charge, encumbrance, or litigation, or should proceedings be instituted for the foreclosure of any lien or encumbrance, and if judgment is rendered against Lessee either by a court of competent jurisdiction or by arbitration and Lessee still persists in non-payment of the same within the 60 day set forth above, Lessor will have the right at any time after expiration of the 60-day period, to pay the lien or encumbrance. All amounts so paid will LESSEE DATE _______________________________________________________ ____________ 6 709 of 728 be repaid by the lessee on demand, together with interest at the rate of __10__% per year from the date of payment and shall be considered additional rent owed to Lessor by Lessee. C. Lessee shall defend, indemnify and hold harmless Lessor and its officers, elected and appointed officials, agents, and employees from any and all liability, losses, or damages as a result of claims, demands, suits, actions, or proceedings of any kind or nature, including without limitation costs, and fees, including attorney’s fees, judgments or settlements, resulting from or arising out of any negligent or willful act or omission on the part of the Lessee or Lessee’s subcontractors, employees, agents or subcontractors during the performance of this Lease. Such indemnification shall not be limited by reason of the enumeration of any insurance coverage herein provided. This provision shall survive completion, expiration, or termination of this Lease. Nothing contained herein shall be construed as prohibiting City, or its officers, agents, or employees, from defending through the selection and use of their own agents, attorneys, and experts, any claims, actions or suits brought against them. Lessee shall be liable for the costs, fees, and expenses incurred in the defense of any such claims, actions, or suits. Nothing herein shall be construed as a limitation or waiver of defenses available to City and employees and agents, including without limitation the Illinois Local Governmental and Governmental Employees Tort Immunity Act, 745 ILCS 10/1-101 et seq. All provisions of this section shall survive completion, expiration, or termination of this Agreement. 12. NON-RENEWAL Notwithstanding the provision of Paragraph 2 of this Lease, the Lessor may decline to renew the Lease, upon 21 days written notice to the Lessee or sooner, if in the Lessor’s sole determination, Lessee’s use creates a hazard to the public health, welfare or safety. Lessee shall be afforded the opportunity to cure defects and/or hazards prior to non-renewal or termination of lease upon written request by Lessee and with written approval by the Director of Parks, Recreation and Community Services, or his or her designee, and at Lessee’s own expense. 13. COMMUNITY SERVICE Lessee hereby covenants and agrees to perform during the term of this Lease the Community Service responsibilities as more fully set forth and defined in Appendix B. The terms of Appendix B are incorporated herein by reference. 14. INSURANCE LIABILITY PROVISIONS A. Comprehensive General Liability Policy. Lessee shall, during the entire term hereof, keep in full force and effect a Comprehensive General Liability policy with respect to the Leased Premises, and the business operated by the Lessee and any subtenants of the Lessee in the Leased Premises, in which bodily injury limits and property damage limits shall be as set forth in Appendix E to this Lease. Lessee shall also insure the following indemnity provisions and such agreement shall be clearly recited in the Insurance Policy: “Lessee covenants and agrees that it will protect and save and keep the Lessor forever harmless and indemnified against and from any penalty or damages or charges LESSEE DATE _______________________________________________________ ____________ 7 710 of 728 imposed for any violation of applicable laws or ordinances, including, but not limited to, violations of the ADA, or for any penalty or damages imposed as a result of accidents or other occurrences, relating to Lessee’s use of the Leased Premises or the NCAC whether occasioned by neglect of Lessee or those holding under Lessee, and including, but not limited to issues arising or alleged to have arisen out of failure to comply with the ADA. The Lessee shall indemnify, protect and hold harmless the City of Evanston, its agents, officials and employees, against all injuries, deaths, loss, damages, claims, patents’ claims, suits, costs and expenses that may in anywise accrue against the City in consequence of the granting of this lease or which may in anywise result therefrom, whether or not it shall be alleged or determined that the act was caused through the negligent act or omission of the Lessee or his employees, if any, and the Lessee shall, at his own expense, appear, defend and pay all charges of attorneys and all costs and other expenses arising therefrom or incurred in connection therewith; and, if any shall be rendered against the City in any such act, the Lessee shall, at his own expense, satisfy and discharge same.” In the event of any conflict between the language of the insurance policy(s) and the above-recited indemnity provisions, the indemnity provision stated above shall govern. B. Certificate of Insurance. Lessee and any Sub-lessees shall furnish the original Certificate of Insurance to the Director of Parks, Recreation and Community Services or designee. The Certificate of Insurance must run concurrent with this Lease term and all terms of renewal set forth in Paragraph 2. The Certificate must name the Lessor as an additional insured with an insurance company acceptable to the Lessor and it shall be the responsibility of the Lessee to furnish the Director of Parks, Recreation and Community Services or designee with updated, original Certificates of Insurance covering the current lease term. The City of Evanston must be named as an additional insured on the Lessee’s policy and failure to do so is a material breach of this Lease. Updated Certificates must be received no later than the current Certificate expiration date held by Lessor. Lessee and Sub-lessee shall furnish, where requested, a certified copy of the policy to the Lessor. Lessee will instruct the Insurance Company to notify the Lessor of any changes or cancellation of Policy. The Policy will provide, in the event the insurance should be changed or cancelled, such 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 plus Policyholder’s Rating established by the Alfred M. Best Company will not be acceptable. All Lessees must provide evidence satisfactory to the City of Evanston of compliance with the insurance requirements of this Lease before or at the signing of a new Lease and before renewing a Lease. Tenant shall not contract for any permanent improvements to the Leased Improvements without the Landlord’s prior written consent. If Landlord approves the improvements, the City of Evanston shall be named as an additional insured on the policy of the contractor in an amount no less than a Comprehensive General Liability limit of $3,000,000. 15. ADDITIONAL INSURANCE The Lessor reserves the right to require additional insurance from Lessee and any Sub- lessees because of any increased risk, improvements made by Lessee or any Sub- lessees or liability not satisfactorily covered, in the Lessor’s sole opinion, by the above LESSEE DATE _______________________________________________________ ____________ 8 711 of 728 insurance requirements, and Lessee agrees to promptly provide same. 16. AMERICANS WITH DISABILITIES ACT (“ADA”) All Noyes Resident Artist classes, programs and activities are subject to all applicable laws regarding non-discrimination, including the ADA. ADA prohibits discrimination on the basis of disability. Reasonable accommodations must be made in all NCAC activities and services to enable participation by an individual with a disability. Compliance with the ADA in respect to Lessee/Sub-lessee’s activities is the responsibility of Lessee/Sub-lessee. 17. NON-LIABILITY OF LESSSOR The Lessor will neither be liable for any damage nor loss of revenue occasioned by failure to keep the building in repair, including but not limited to: lights and fuses and any problems associated with electrical malfunctions; the heat not operating properly; any damage or loss of revenue caused or occasioned by or from plumbing, gas, water, sprinkler, steam or other pipes or sewage; the bursting, leaking or running of any pipes, tank, or plumbing fixtures, in, above, upon or about the building; any damage or loss of revenue caused or occasioned by water, snow or ice being upon or coming through the roof, skylights or trap; neglect of any owners or occupants of adjacent or contiguous property; or by public or private nuisances, regardless of cause or sources. 18. FIRE/CASUALTY A. If a substantial portion of the Leased Premises or the NCAC is made untenantable by fire or other casualty, the Lessor may elect to: 1. Provide available comparable space within the NCAC, or repair the Leased Premises within sixty (60) days. If the Lessor elects to repair the Leased Premises option but fails to repair the Premises within sixty (60) days or upon the destruction of premises by fire, the Lease term shall cease as of the date of the casualty. All outstanding debts and Rent accruing to the Lessor from Lessee prior to date of casualty whether invoiced prior to casualty or not must be paid to the Lessor. The Rent will be calculated on a per diem basis prior to the date of the casualty. 2. To terminate this Lease as of the date of the fire or casualty by notice to the Lessee within sixty (60) days after that date, or 3. Proceed with all due diligence to repair, restore or rehabilitate the NCAC and/or the Leased Premises at the Lessor’s expense, in which latter event this Lease shall not terminate. 4. In the event the Lease is not terminated pursuant to these provisions, rent shall abate on a per diem basis during the period of untenantability. In the event that the NCAC or the Leased Premises are partially damaged by fire or other casualty but a substantial portion of the NCAC or the Leased Premises are not made untenantable, then the Lessor shall proceed as promptly as it can under the circumstances to repair and restore the Leased Premises or the NCAC and the rent shall abate in proportion to the non-usability of the Leased Premises during the period of untenantability. If an insubstantial portion to the Leased Premises is made untenantable, the Lessor shall have the right to terminate this Lease as of the date of the fire or other casualty by giving written notice thereof to Lessee within sixty (60) days after the date of fire or LESSEE DATE _______________________________________________________ ____________ 9 712 of 728 other casualty, in which event the rent shall be apportioned on a per diem basis and paid to the date of such fire or other casualty. 5. If the Leased Premises or the NCAC are made untenantable or not useable for the purposes allowed in this Lease, the security deposit will be refunded to Lessee if, and as a result of, war, terrorism, insurrection, civil commotion, riots, acts of God or the enemy, governmental action, strikes, lockouts or picketing, such condition continues for a period of one week, then Lessee shall have the right to terminate this Lease retroactively as of the date of the untenantability or unusable condition, by giving the Lessor written notice and vacating the Leased Premises immediately. Such right to terminate shall be Lessee's sole remedy and under no circumstances shall the Lessor have any liability for damages of any nature whatsoever, including, without limitation, business interruption, incidental or consequential. B. Lessee shall have no recourse for any type of compensation, damages, reimbursement, costs, or insurance proceeds whatsoever against the Lessor for any artwork or other property of any type which was lost or damaged by fire or other casualty, or for any artwork or other property of any type which remains in the Leased Premises or in or on any location owned or operated by the Lessor after lease termination or non renewal. 19. OCCUPATIONAL HEALTH AND SAFETY ACT (“OSHA”) Lessee covenants and agrees that the use of any and all power tools, chemicals, or other harmful or potentially harmful products, devices, or materials on the Leased Premises by Lessee, its agents, employees, students, or any individuals shall be under the care, control or tutelage of Lessee shall be governed by the Occupational Health and Safety Act of 1980 as now or hereafter as amended. 20. SECURITY DEPOSIT Lessee agrees to deposit with the Lessor a sum equal to one month’s rent upon the execution of this Lease, as security for the full and faithful performance by Lessee of each and every term, provision, covenant, and condition of this Lease. If Lessee defaults with respect to any of the terms of this Lease including, but not limited to, payment of the rent, the Lessor may use, apply, or retain the whole or any part of the security deposit for the payment of the delinquent rent in default, or for any other sum which the Lessor may expend or be required to expend by reason of Lessee's default including, without limitation, any damages or deficiency in the re-letting of the Leased Premises whether such damages or deficiency shall have accrued before or after any re-entry by the Property’s Owner. If any of the security deposit shall be so used, applied or retained by Lessor at any time or from time to time, Lessee shall promptly, in each such instance, upon rendition of an invoice and/or on written demand therefore by the Lessor, pay to the Lessor such additional sum as may be necessary to restore the security to the original amount set forth in the first sentence of this paragraph. Except as otherwise required by law, Lessee shall not be entitled to any interest on the aforesaid security. In the absence of evidence satisfactory to the Lessor of an assignment of the right to receive the security or the remaining balance thereof, the Lessor may return the security deposit to the original Lessee, regardless of one or more assignments of this Lease. Upon the transfer of the Lessor’s interest under this Lease, LESSEE DATE _______________________________________________________ ____________ 10 713 of 728 the Lessor’s obligation to Lessee with respect to the security deposit shall terminate upon assumption of such obligation by the transferee. 21. ATTORNEY’S FEES Lessee shall pay and discharge all costs, attorney fees and expenses that shall be made and incurred by the Lessor in enforcing the agreements, including any and all litigation related matters, of this Lease and all the parties to this lease agree that the agreements herein contained shall be binding upon, apply, and inure to their respective successors and assigns. 23. THE LESSOR’S ACCESS TO LEASED PREMISES The Lessor shall have the right to retain a set of keys to the Leased Premises, and Lessee shall not change any locks without the Lessor's prior written authorization, and without providing the Lessor with keys for such new locks. The Lessee shall permit the Lessor to erect, use and maintain pipes, ducts, wiring and conduits in and through the Leased Premises. The Lessor or the Lessor's agents shall have the right to enter upon the Leased Premises with 24 hours prior written notice or without notice in case of an emergency, to control heat, electricity and air conditioning, to inspect the same, and to make such decorations, repairs, alterations, improvements or additions to the Leased Premises or the NCAC as the Lessor may deem necessary or desirable, and the Property’s Owner shall be allowed to take all material into and upon Leased Premises that may be required therefore without the same constituting an eviction of the Lessee in whole or in part and the rent reserved shall in no wise abate while said decorations, repairs, alterations, improvements, or additions are being made, by reason of loss or interruption of business of the Lessee, or otherwise. If the Lessee shall not be personally present to open and permit an entry into Leased Premises, at any time, when for any reason an entry therein shall be necessary or permissible, the Lessor or the Lessor's agents may enter the same by using the key, or may forcibly enter the same, without rendering the Lessor or such agents liable therefore (if during such entry the Lessor or the Lessor's agents shall accord reasonable care to Lessee's property), and without in any manner affecting the obligations and covenants of this Lease. Nothing herein contained, however, shall be deemed or construed to impose upon the Lessor any obligations, responsibility or liability whatsoever, for the care, supervision or repair of the NCAC or any part thereof, other than as herein provided. The Lessor shall also have the right at any time without the same constituting an actual or constructive eviction and without incurring any liability to the Lessee therefore, to change the arrangement and/or location of entrances or passageways, doors and doorways, and corridors, stairs, toilets or public parts of the NCAC, and to close entrances, doors, corridors or other facilities. The Lessor shall not be liable to the Lessee for any expense, injury, loss or damage resulting from work done by persons other than the Lessor in or upon, or the use of, any adjacent or nearby building, land, street, or alley. 24. NOTICES All notices, requests, demands and other communications which are required or permitted to be given under this Lease shall be in writing and shall be deemed to have been duly given upon delivery, if delivered personally, or on the fifth (5) day after mailing LESSEE DATE _______________________________________________________ ____________ 11 714 of 728 if sent by registered or certified mail, return receipt requested, first-class postage prepaid, as set forth below. Faxed communications are a convenience to the parties, and not a substitute for personal or mailed delivery. If to the City: Director of Parks, Recreation and Community Services City of Evanston 2100 Ridge Avenue, Room 1100 Evanston, Illinois 60201 Fax (847) 448-8051 Phone (847) 866-2914 with a copy to: Law Department City of Evanston 2100 Ridge Avenue, Room 4400 Evanston, Illinois 60201 Fax (847) 448-8093 Phone (847) 866-2937 If to the Lessee: at the address first above written. 25. RIDERS All riders attached to this Lease and initialed by the Lessor and the Lessee are hereby made a part of this Lease. 26. MISCELLANEOUS A. Applicable Law. Lessee agrees to observe all applicable legislation and regulations in its tenancy and use of the Leased Premises. The law of Illinois, including its conflicts of law provisions, shall apply to interpretation and enforcement of this Lease. B. Litigation. In the event of litigation or claim(s) against the City arising out of this Lease by anyone other than the Lessee, the Lessee shall cooperate fully with the City. In the event of litigation between the parties to this lease, the parties waive trial by jury. Venue shall be within Cook County, Illinois. C. Severability. In the event any provision(s) of this Lease are found by a court of competent jurisdiction to be in violation of applicable law, provision(s) unaffected thereby shall be in effect. D. Entire Agreement. This Lease shall constitute the entire understanding of the parties hereto, superseding any and all prior agreements, whether written or oral. 27. AMENDMENTS This Lease may not be modified or amended except in writing signed by both parties hereto. LESSEE DATE _______________________________________________________ ____________ 12 715 of 728 IN WITNESS WHEREOF, the parties have executed this lease on the day of , 2014. LESSOR: CITY OF EVANSTON an Illinois municipal corporation By:___________________________________ Its: Print Name: ___________________________ ATTEST:________________________ City Clerk LESSEE: By: ___________________________________ Print Name: ____________________________ ATTEST: _______________________ LESSEE DATE _______________________________________________________ ____________ 13 716 of 728 APPENDIX A FLOOR PLAN NOTE: 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.. Shaded areas on the floor plan(s) above represent space(s) the Lessor has agreed to lease to Lessee, to be used for: and reasonable related activities of Lessee with prior written approval by the Director of Parks, Recreation and Community Services or designee. LESSEE DATE _______________________________________________________ ____________ 14 717 of 728 APPENDIX B COMMUNITY SERVICE REQUIREMENTS FOR Barbara Goldsmith REQUIRED AMOUNT: $412.34 COMMUNITY SERVICE. Community Service activities written above must take place between 6/1/14 and 12/1/14 Community Service Proposals for subsequent one-year lease terms must be submitted in writing to the NCAC Tenants Association by November 1, 2014. All Community Service Proposals for each upcoming term must be submitted by November 1 of each year, and must be renegotiated and approved by the NCAC Tenants Association in advance of the next term of the lease. In the event the Lessee does not satisfactorily perform said cultural Community Service, as outlined above during the term of the lease, the Lessee shall pay the Lessor a prorated sum based on the value of the outstanding requirement that shall not exceed 15% of the total annual rent. Said prorated sum will be billed to Lessee. A six-month Community Service Activity Report form must be submitted to the Director of Parks, Recreation and Community Services or designee no later June 30 and December 31 of each lease year term. Subsequent renewal of this lease shall be conditioned upon the completion of said Community Service in a manner satisfactory and acceptable to the Lessor 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 the Lessor, the Director of Parks, Recreation and Community Services or designee can require the terminating Lessee to perform its obligated Community Service requirements prior 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 the Lessor as a result of unperformed obligations. LESSEE DATE _______________________________________________________ ____________ 15 718 of 728 APPENDIX C RULES AND REGULATIONS OF THE NOYES CULTURAL ARTS CENTER CONDITIONS: Lessee and its staff, students, visitors, and patrons agree to follow and obey the General Rules and Regulations of the Noyes Cultural Arts Center (NCAC). Said Rules and Regulations are listed below and subject to modification as distributed and/or posted. 1. REQUIRED USAGE. Each Leased Premises is required to be used a minimum of 25 hours per week. A six-month report certifying tenancy of 25 hours per week must be submitted to the Director of Parks, Recreation and Community Services or designee no later June 30 and December 31 of each lease year term. Failure to provide the required reports and/or meet minimum requirements for use of the Leased Premises will be grounds for termination of lease. 2. SURCHARGE. A. All non-Evanston residents (individuals only) are assessed a 20% surcharge on rent. The 20% surcharge will not be applicable to non-Evanston resident Sub-lessees if the Lessee (individuals only) is an Evanston resident. The 20% surcharge is applicable to a non-Evanston resident Sub-lessee only if and when the Sub-lessee assumes the remainder of the entire lease or a co-lease, or upon lease termination by Lessee or the Lessor. In order for an Organization to be exempt from incurring a 20% surcharge, its principal place of business must be in Evanston. Organizations must attach Articles of Incorporation to this Lease. B. Monthly rental charges assessed to Sub-lessees will not be in excess of one-half the rent charged to Lessee by the Lessor. A written sublease agreement between Lessee and Sub-lessee must be given to the Lessor covering the lease terms prior to Sub-lessee’s use of space. The sublease agreement must include the payment schedule and the dollar amount paid by Sub-lessee to Lessee. Community service obligations assessed to Sub-lessee are in addition to the full obligation assessed to Lessee. Therefore, the Community Service obligations assessed to Lessee will not decrease as a result of a sublease. 3. RESIDENT. For purposes of this Lease, an individual is a “resident” of Evanston if his/her current driver’s license and voter registration card shows an Evanston address. Parties must notify the Director of Parks, Recreation and Community Services or designee in writing within ten (10) days of any address change. Upon request of the Director of Parks, Recreation and Community Services or designee anytime, Lessee must promptly present a current driver’s license, voter registration card, utility bill and any other proof of residency required by the Lessor. Failure to submit notification of a non-Evanston residency will result in a retroactive assessment to include applicable late fees for each month or portion of any month for which a non-Evanston residency was established. 4. NOYES CENTER NOTICES AND SIGNAGE. Lessees wishing to have banners hung, notices displayed, or other material(s) displayed on poles or in the public areas of LESSEE DATE _______________________________________________________ ____________ 16 719 of 728 the NCAC or grounds including Tallmadge Park and all public area activities announcement bulletin board(s), doors or walls must obtain prior written approval from the Director of Parks, Recreation and Community Services or designee before having material(s) hung or displayed. Lastly, the Lessee and any sub-Lessees acknowledge that the City’s Fire Ordinance Title 4, Chapter 12, other applicable provisions within the City Code, and the Parks, Recreation and Community Services Department’s Banner Policy govern the activities listed. 5. SMOKING. Smoking is prohibited in or within 25 feet from the entrance of the NCAC by the City Code. The code is strictly enforced. Violations are punishable by fines up to and including $750.00 and may constitute a breach of this lease resulting in termination. 6. ALCOHOL. The consumption of alcohol in the NCAC is permitted, pursuant to a Class Z3 or Class Z4 liquor license as stated in the Evanston City Code. Such special one-day licenses shall be issued subject to the conditions more fully stated in the City Code and incorporated herein as if fully stated. 7. ACCIDENTS & POLICE REPORTS. A. Any incident or injury involving persons at the NCAC (whether medical attention is received or not given), while attending an activity under the direction of Lessee and/or staff member of Lessee, or pre-approved user by the Lessor whether occurring in a Lessee’s studio space, Community Use Rental space or public area of the NCAC, must be reported on an Accident Report form obtained at the administrative office of the NCAC. Such reports are to be submitted to the Director of Parks, Recreation and Community Services or designee no later than 5 p.m. on the next City of Evanston business day or sooner following the accident. B. Lessee is responsible for reporting to the Director of Parks, Recreation and Community Services or designee no later than the next City business day all incidents under the direction of Lessee and/or staff member of Lessee, occurring at the NCAC and/or on the NCAC grounds (Tallmadge Park adjacent to the NCAC) which result in a Police Report being made by the Evanston Police Department. Upon completing the Police Report, the Lessee must obtain from the Reporting Officer a card bearing the case number and a copy of the Police Report, and submit it to the Director of Parks, Recreation and Community Services or designee not later than 5 p.m. on the next City of Evanston business day or sooner after the Police Report is available. 8. OBSTRUCTIONS. A. Lessee will not use, or store at any time, any belongings in any non-leased space, or public areas of the NCAC without prior written consent of the Director of Parks, Recreation and Community Services or designee, or in any leased or non-leased space in violation of City of Evanston Fire Prevention Code F-601.1 “Obstructions,” as it may be subsequently amended: “A person shall not at any time place an encumbrance of any kind before or upon any fire escape, balcony or ladder intended as a means of escape from fire. The means of egress from each part of the building, including stairways, egress doors and any panic hardware installed thereon, aisles, corridors, LESSEE DATE _______________________________________________________ ____________ 17 720 of 728 passageways and similar elements of the means of egress, shall at all times be maintained in a safe condition and shall be available for immediate use and free of all obstructions.” Failure to observe the provisions of this paragraph may subject the Lessee to a fine of up to $750.00 per day/per violation and/or to non-renewal of this lease. B. Lessee will not display its furnishings in any non-leased space without prior written approval of the Director of Parks, Recreation and Community Services or designee, and will not allow its staff, students, patrons or participants to conduct any practice event or events related to Lessee’s activities in the public areas of the NCAC. Failure to comply with this provision may result in the City’s refusal to renew this lease for a second and/or third term. 9. INTERFERENCE/TENANTS. Lessee covenants and agrees that Lessee will exercise all due caution, care and control to prevent any interference on the part of Lessee, its agents, employees, students, or other individuals under the care, control or influence of Lessee, with the practice of art by other tenants in the NCAC building. Lessee recognizes that, due to the use of the building wherein the leased premises are located as a cultural arts center, an extraordinary amount of patience and consideration must necessarily be exercised by all parties to promote the creation of art. 10. TIME OF USE. The NCAC building will be locked at all times when not open in accordance with the schedule posted in this lease. Access to the building by Lessee, its employees, agents, guests, students, or any other individual who shall seek access to the building by nature of their relationship with Lessee, shall be limited to the hours designated by the Lessor for the NCAC’s building’s use. Exceptions to this provision may be made in extraordinary circumstances where Lessee applies in writing, in advance to Director of Parks, Recreation and Community Services or designee. Lessee will have the right to use its Leased Premises only during normal hours and days of operation of the NCAC. Said normal hours may be changed by the Lessor. In the event of such changes, resulting in a reduction of hours, Lessee will not be entitled to a reduction in rent or Community Service obligations. Unless required by the City’s best interests or particular existing conditions the open hours between 7:30 a.m. and 11:00 p.m. on Monday through Saturday and between 10:00 a.m. and 6:00 p.m. on Sunday. The Center will be closed on holidays/days as observed by the City of Evanston. Lessee understands and agrees that Lessee’s rent will not be reduced for the weeks in which the aforesaid holidays occur. The Director of Parks, Recreation and Community Services or designee will notify Lessee of additional dates the NCAC will be closed in addition to those dates stated in Appendix C. The Lessee may, by written arrangement with the Director of Parks, Recreation and Community Services or designee, use the Leased Premises or other rental spaces during other than normal hours and days of operation. In this event, Lessee will pay for overtime custodial charges necessary to keep/have the NCAC open beyond normal building hours in addition to a $66.00 service fee utility charge and rental charges associated with rental space and equipment if applicable. LESSEE DATE _______________________________________________________ ____________ 18 721 of 728 11. ACCESS AND KEYS. A. If access is to be gained to Lessee’s studio(s) by individuals other than the Lessee, the Lessee is required to submit an “Access Form” available at the office, authorizing access for that individual. Lessee will forever hold the Lessor harmless for any actions and/or omissions of individuals, and for any damage to, or loss of, contents of Lessee’s studio(s), mail or mailboxes. B. Keys to the Leased Premises are available at the office of the Lessor. Lessee will receive two keys free of charge affording access to only the particular areas leased hereunder. See Lease Paragraph 9. The Lessor prohibits the reproduction of keys. Lessee and those holding keys under Lessee will not reproduce keys. The office of the NCAC will maintain records of all keys issued and returned. Keys will only be ordered and issued when the office receives a written request from the Lessee or by those names listed on Lessee’s prior written authorization. The Lessee or its authorized agent will receive notification when keys are ready to be picked up. Only the individual receiving the key(s) can sign for that key(s). There will be a $5.00 charge per key for all keys except in cases where the Lessor incurs a charge more than $5.00 per key to reproduce. Payment(s) for keys must occur at the time the individual receives the key(s). Upon lease termination date, in compliance with the Lease terms, Lessee will pay any cost relating to the lock/core repair or replacement if the Lessor requests this change or if all keys issued under Lessee’s or Lessees’ designees authorization are not returned or anytime during this lease if the Director of Parks, Recreation and Community Services, or designee, determines that any such replacement is necessary. No part of Lessees’ security deposit will be returned until all property of the City of Evanston has been returned and all obligations are fulfilled in accordance with the provisions recited in this lease. 12. STORAGE, DANGEROUS MATERIALS. A. It shall be unlawful and shall constitute grounds for immediate termination of this lease if Lessee engages in any activity involving the handling, storage, or use of materials or substances which are flammable or of materials, substances, or devices which are hazardous, as defined in section F2302.0 of the BOCA National Fire Prevention Code of 1993, or to maintain, store, or use any such flammable or hazardous materials or to conduct processes producing such flammable or hazardous conditions, except with the prior written request and prior written approval of the Director of Parks, Recreation and Community Services or designee, and the Evanston Fire Department, and in accordance with all applicable legislation. The code is strictly enforced. Violations are punishable by fines up to and including $750.00 and may constitute a breach of this lease resulting in termination. B. Lessee will not use or permit the use or storage on the premises of materials for which ventilation is required for safe usage without the prior written consent of the Lessor or the Director of Parks, Recreation and Community Services or designee. Lessee will store all potentially dangerous and/or flammable materials in a fireproof cabinet(s) and/or fireproof container(s) at all times when not in use. The decision of the Lessor or Director of Parks, Recreation and Community Services or designee, with reference to the nature of the materials and its safe usage shall be conclusive. The Director of Parks, Recreation and Community Services or designee and/or Fire LESSEE DATE _______________________________________________________ ____________ 19 722 of 728 Department officials will perform unannounced periodic fire/safety inspections in all leased spaces for compliance. All Lessees must grant access for same. The code is strictly enforced. Violations are punishable by fines up to and including $750.00 and may constitute a breach of this lease resulting in termination. 13. DISPOSAL OF REFUSE It is the responsibility of the Lessee to discard its own refuse into the exterior dumpster that does not fit in a standard 20” X 15” trash receptacle. The City of Evanston is not equipped to and does not pick up construction debris to include drywall or cement. However as a courtesy to Lessee, the City will allow Lessee to discard its refuse specified in this paragraph. The City reserves the right to not provide this service at any time during this Lease. Lessee will observe the following guidelines: All refuse must be bagged to prevent blowing or scattering. At no time will Lessee discard refuse in the City dumpsters causing the dumpster to total over 500 lbs. per refuse pick-up by the City. The City will accept scrap metal; scrap metal and bulk pick ups are by appointment and are not collected by the regular crew. It is the Lessee’s responsibility to notify the Department of Public Works to pick up any refuse that is placed outside the dumpster. The weight of the scrap metal will not be added to the refuse weight placed in the dumpsters. All items including wood to be discarded must be broken up into sizes not to exceed 2’ x 2’ x 2’. At no time will Lessee be permitted to discard any bulk wood (tree branches, tree stumps, larger than 3 inches in diameter) or ANY hazardous waste including but not limited to: gas, oil, asbestos, car parts, tires, aerosol paints, cleaning products, drain cleaners, fluorescent lamp bulbs, oil-based paints, household batteries, insecticides, paint thinners, solvents, used motor oil and herbicides, latex paints, fire extinguishers, fireworks, lead-acid batteries, or smoke detectors, 14. SPACE HEATERS. Lessee shall abide by the manufacturer’s safety information before using a space heater. Heaters shall have the UL, FM or other testing agency label. Space heaters shall have tip-over protection: audible alarm or automatic shut off. Do not leave the heater unattended. Space heaters shall have safety features if the device overheats. In addition, space heaters will not be used in conjunction with extension cords. When operating, space heaters must have at least three feet of clear, unobstructed space in all directions. The code is strictly enforced. Violations are punishable by fines up to and including $750.00 and may constitute a breach of this lease resulting in termination. 15. COMBUSTIBLES. All combustibles are to be kept a minimum of three feet away from electrical equipment. All combustible and flammable materials shall be stored in accordance with Fire Code. It is the responsibility of the Lessee to provide the appropriate storage cabinets. The code is strictly enforced. Violations are punishable by fines up to and including $750.00 and may constitute a breach of this lease resulting in termination. 16. EXTENSION CORDS. Extension cords are permitted as long as acceptable load LESSEE DATE _______________________________________________________ ____________ 20 723 of 728 limits are not exceeded. “Fire Prevention Code Section F-310.5 Extension Cords: Extension cords and flexible cords shall not be a substitute for permanent wiring.” If space heaters are continued to be used, permanent wiring shall be installed. Surge protectors can be used only in relation to operation of office computer-related equipment. 17. FIRE EVACUATION PLAN. It will be the Lessee’s responsibility to post in its studios a copy of the fire evacuation plan and to inform its studio users of the evacuation plan. When the Fire Alarm sounds, whether it is a fire, false alarm, or fire drill, everyone is to evacuate the NCAC immediately and safely. Leased spaces are to be left unlocked in case fire fighters need access. The meeting place during fire emergencies is Tallmadge Park, just north of the NCAC parking lot. Individuals other than the Fire Department and designated authorities are not to block and/or occupy the parking lot, pavement areas or sidewalks around perimeter of the NCAC. Everyone is to remain on the Tallmadge Park grounds grass area until advised otherwise by either the Fire Department or Staff. The code is strictly enforced. Violations are punishable by fines up to and including $750.00 and may constitute a breach of this lease resulting in termination. 18. ELEVATOR AND CHAIR LIFT. The Elevator and chair lift are to be used to transport passengers only. 19. LESSEE/CO-LESSEE. In the event a Co-lessee (not Sub-lessee) terminates its lease, the Lessor will determine if the space will be put on the market for lease or accept the remaining party as the sole Leaseholder of the space. The remaining party can request approval from the City of Evanston that another party be approved to either sublease or co-lease for the duration of the lease term or shorter term. All guidelines outlined in the NCAC’s studio application packet must be adhered to. Full compliance includes full payments for security deposits, Community Service activity and rent, as well as all other obligations imposed hereunder by this lease. Upon the Director of Parks, Recreation and Community Services or designee’s direction or upon the request of the remaining Lessee, the Director of Parks, Recreation and Community Services or designee can require the terminating Lessee to perform their obligated Community Service requirements at an arranged rescheduled time or prior to terminating and/or prior to the lease termination date. If the terminating Lessee does not perform its obligated Community Service requirement, the terminating Lessee will be billed and will promptly pay the sum of the unperformed obligation. 20. ABANDONMENT. Lessee is required to notify the Director of Parks, Recreation and Community Services or designee if Lessee will not occupy its studio for more than seven consecutive days. If the Lessee abandons the unit for thirty (30) consecutive days or more, the Lessor shall attempt to rent the unit at the current rental rate. This shall include the acceptance of reasonable subleases. If the Lessor succeeds in renting the unit at the current rental rate, the abandoning Lessee shall be liable for the amount due from the date of abandonment to the new rental agreement approved by the LESSEE DATE _______________________________________________________ ____________ 21 724 of 728 Lessor. If the Lessor is unsuccessful at re-renting the unit, the abandoning Lessee shall be liable for rent due for the period of the rental agreement. In either event, the Lessee shall be liable for all expenses incurred by the Lessor or imposed by the Lessor as a result of Lessee’s abandonment or non-use of space. 21. PARKING REGULATIONS. Annual parking permit fees will be billed separately in monthly installments to the Lessee and are to be paid on or before the first of each month. Parking permit fees are not prorated. All annual parking permits issued will be billed for the entire year and are not returnable with the exception of permits which are transferred. There will be a $25.00 transfer fee assessed for all annual permits which are to be reissued unless: 1) either the old permit or remnants of the old permit is returned displaying the lot number and the permit number minimally; or 2) proof by a bill of sale is produced as evidence of no longer owning the vehicle. Monthly and annual parking permits for the NCAC parking Lot #51 are authorized only for Leaseholders, Sub-lessees, staff and/or students attending classes at Noyes on a regular basis. Parking permits are not to be transferred to vehicles other than the vehicle for which the permit was issued unless prior written approval by the Director of Parks, Recreation and Community Services is obtained. Parking Permit privileges are limited to attendance at the NCAC. Parking Permit privileges will be considered by the Director of Parks, Recreation and Community Services or designee for other regular NCAC users on a case-by-case basis. All Authorization Forms must be signed by the Leaseholder or the Leaseholder’s prior written and arranged designee, and by an NCAC staff member before parking permits can be purchased. Temporary one-day parking permits are available for individuals attending special functions at the NCAC, and for visitors and others who are pre-approved by the Director of Parks, Recreation and Community Services or designee. Temporary parking permits are not available to parents or caregivers waiting for students attending classes. Lessee understands, and will inform its staff, students and patrons to observe all posted parking regulations. Parking permits will not be issued to individuals with an expired driver’s license. Resolution of all parking citations issued to Lessee for the NCAC lot is a prerequisite to renewal of this Lease. LESSEE DATE _______________________________________________________ ____________ 22 725 of 728 APPENDIX D LESSEE COSTS ASSOCIATED WITH LEASE 1. COMMUNITY USE SPACES. Lessee shall have the right to use only the Leased Premises described on page #1 in the lease for the operation of its day-to-day activities as written in Appendix A. Lessee may from time to time, pursuant to arrangements made in advance with and approved by the Director of Parks, Recreation and Community Services or designee, make use of certain other areas, i.e., the Theatre, Studio #106 or the Noyes Center Galleries (see info on Gallery usage below) or other areas on a fee basis (see fee matrix attached for Lessee rates). Lessees using the above spaces for purposes other than arts activities as written in Appendix A may be required to provide additional insurance. When the use of said areas involves the execution of a Community Service project and when the Lessee offers a program of cultural significance to the public free of charge, such rates may be waived at the discretion of the Director of Parks, Recreation and Community Services or designee upon written request and prior approval for the arrangement. Rental cost of Community Use space waived will not be in excess of the dollar value of the required Community Service project. See Appendix B. 2. NOYES CENTER GALLERY. Lessee may from time to time, pursuant to arrangements made in advance with and approved by the Director of Parks, Recreation and Community Services or designee, make use of the Noyes Center Gallery(ies) on a fee basis at established rates. If the use of said areas involves the execution of a Community Service project where the Lessee offers a program of cultural significance to the public free of charge, such rates may be waived at the discretion of the Director of Parks, Recreation and Community Services or designee upon written request and prior approval for the arrangement, made at the time the Community Service project is proposed. In extenuating circumstances a request may also be made at least thirty (30) calendar days before the Community Service project. 3. UTILITIES. A. The Lessor agrees to pay all water, gas and electricity charges (except for air conditioning) , however, additional fees as listed on the attached fee matrix (see Appendix D, Page 3) could apply anytime and/or if excessive usage as determined by the Property’s Owner occurs any time during the term of the Lease. B. Lessees will be billed for the use of air conditioners and air-handling units. The fees are assessed for the months of June, July, August and September. The monthly fee assessment applies to each air conditioning and/or air handling unit used in each studio. Window air-conditioning units must be removed if not in use, and window, window sills, frames, glass and screens must be restored to their original condition with the same material and quality as that installed at time of occupancy, and at Lessee’s expense. Square footage will not be combined to calculate the use of air conditioners for more than one leased space. Fees will not be prorated for partial month’s use of air conditioners or air handling units. Additional monthly fees will be assessed to Lessee if air conditioners and/or air handling units are used during other months and will not be prorated. Air conditioner units can be left in windows if prior written permission is LESSEE DATE _______________________________________________________ ____________ 23 726 of 728 obtained from the Director of Parks, Recreation and Community Services or designee. Air conditioning units must be properly insulated to minimize energy exhaustion as determined by the Lessor. Failure to remove air-conditioning units from October 1 through May 31 of each year will result in an assessment of usage charge for each month or any portion of a month the air-conditioning units are installed. See attached Appendix D utility fees and other charges associated with NCAC. C. Additional services such as charges for use of phone service (landline and cell phone) and cable television will not be provided at Lessor expense. If necessary, the Lessor acknowledges and agrees that if he/she seeks to have a new service (cable, phone, etc.) provided to the NCAC for the use in their Lease Premises, the Lessee will follow the proper City procedures and obtain the necessary approvals prior to the installation of the service. 4. ASSOCIATED EXPENSES. If for any reason attributable to Lessee or those holding under Lessee, a Noyes staff member, Facilities Management staff, contractor/sub-contractor, or agent of the City of Evanston has to return to the building on holidays or after the employee’s normal work shift(s), Lessee will incur the cost of that employee’s salary, plus any charges imposed on or billed to the City of Evanston by service agencies such as the security alarm contractors, the Evanston Police and/or Fire Department, or any other charge the City incurs as a result of such extra work. Lessee shall pay all costs associated with, but not limited to: telephone installation(s) or other telephone service(s), parking permits, custodial and/or staff overtime charges, and other charges as outlined in this lease or necessitated by the nature of Lessee’s/Sub- lessee’s activities or actions. Prior written approval is needed from the Director of Parks, Recreation and Community Services or designee to perform any licensed trade work, such as but not limited to additional electrical power provided to Lessee’s studio(s), installation or relocation of electrical outlets, plumbing, carpentry work, set building for performance productions, any and all construction of temporary or permanent installations connected to or resting on the foundations walls, ceilings, floors and/or existing surfaces prior to and during Lessee’s lease of the space. All such work must be performed pursuant to applicable permits and in accordance with all applicable legislation. Lessee’s failure to obtain prior written approval and/or applicable permits before performing any licensed trade work may at the Lessor’s option constitute a material breach of this Lease and result in termination of this lease. LESSEE DATE _______________________________________________________ ____________ 24 727 of 728 APPENDIX E INSURANCE REQUIREMENTS Noyes Lease for Term: 5/1/2014 through 12/31/14 Lessee shall furnish one (1) copy of a certificate, with the City named as an additional insured, showing the minimum coverage with insurance company acceptable to the City’s Law Department. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE Thirty day notice of cancellation Bodily Injury and Required on all certificates Property Damage Consequent Death Each Occurrence Aggregate Commercial General Liability including: $1,000,000 $1,000,000 1. Comprehensive form 2. Premises – Operations 3. Explosion & Collapse Hazard 4. Underground 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 the Lease. 7. Broad Form Property Damage – construction projects only. 8. Independent Contractors 9. Personal Injury. Automobile Liability Owned, Non-owned or Rented (as related to Tenant’s activities for leased space) $1,000,000 $1,000,000 Workmen’s Compensation and Occupational Diseases As required by applicable laws. Employer’s Liability $500,000 LESSEE DATE _______________________________________________________ ____________ 25 728 of 728