HomeMy WebLinkAbout09.22.14 Packet
CITY COUNCIL REGULAR MEETING
CITY OF EVANSTON, ILLINOIS
LORRAINE H. MORTON CIVIC CENTER
COUNCIL CHAMBERS
Monday, September 22, 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 Tendam
(II) Mayor Public Announcements
(III) City Manager Public Announcements
(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) Special Order of Business: Evanston Art Center
(VII) Consent Agenda: Alderman Rainey
(VIII) Report of the Standing Committees
Administration & Public Works - Alderman Holmes
Planning & Development - Alderman Rainey
Human Services - Alderman Burrus
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City Council Agenda September 22, 2014 Page 2 of 9
(IX) 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)}
(X) Executive Session
(XI) Adjournment
SPECIAL ORDER OF BUSINESS
(SP1) Consideration of Loan Assistance Request from Evanston Art Center
Staff requests that City Council consider and provide direction regarding a
request from the Evanston Art Center for a loan of $500,000 from the City.
For Action
CONSENT AGENDA
(M1) Approval of Minutes of the Regular City Council Meeting of September 8, 2014
(M2) Approval of Minutes of the Regular City Council Meeting of September 15, 2014
For Action
ADMINISTRATION & PUBLIC WORKS COMMITTEE
(A1) City of Evanston Payroll through September 7, 2014 $2,703,381.43
(A2) City of Evanston Bills – September 23, 2014 $2,601,855.09
For Action
(A3.1) Approval of Contract with Schroeder & Schroeder, Inc. for 2014 Alley
Paving Project (Bid 14-56)
Staff recommends the City Council authorize the City Manager to execute a
contract in response to Bid 14-56, awarding the first of two contracts for the 2014
Alley Paving Project to Schroeder & Schroeder, Inc. (7306 Central Park, Skokie,
IL), in the amount of $176,738 for the alley north of Leonard Place, and east of
Wesley Avenue. Funding is provided by the Special Assessment Fund
(6365.65515). The home owner’s portion of the cost is $88,369 which is collected
over a period of ten years.
For Action
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(A3.2) Approval of Contract with The Lakota Group for Professional Consulting
Services for the Park System Evaluation (RFP 14-53)
Staff recommends that City Council authorize the City Manager to execute a
contract for the Park System Evaluation with The Lakota Group (212 West Kinzie
Street, Chicago, IL) at a total cost of $244,144 which includes a 10% contingency
for potential field testing. Funding is provided by the FY2014 Capital
Improvement Plan (CIP) Project #416457 with a budget of $300,000.
For Action
(A3.3) Approval of Single Source Purchase Davis Streetscape Furniture from
Landscapeforms
Staff recommends City Council approval of the single source purchase of the
following streetscape furniture items for Davis Street: 5 Melville Style Benches,
30 Poe Style Litter Containers from Landscapeform (431 Lawndale Avenue,
Kalamazoo, MI) in the amount of $51,900. In April 2013 City Council approved
the Concept Plan for Davis Street, which included landscape furniture items.
Funding is provided as follows: $23,846.70 from the Washington National TIF
and $28,053.30 from the CIP Project # 416438.
For Action
(A3.4) Approval of Agreement with Harris Computer Systems for Migration of
AQUAS Database from Oracle to Microsoft SQL
Staff recommends that City Council authorize the City Manager to execute an
agreement with Harris Computer Systems (1 Antares Drive, Suite 400, Ottawa,
Ontario) to migrate the NorthStar Utility Billing software database from Oracle to
Microsoft SQL, in the amount of $31,500. This one time data migration and
application setup of $31,500 will be funded by the Utilities Department, Account
510.71.7125.62340.
For Action
(A3.5) Approval of Contract with National Power Rodding Corporation for 2014
Manhole Lining (Bid 14-57)
Staff recommends that City Council authorize the City Manager to execute a
contract for the 2014 Manhole Lining with National Power Rodding Corporation
(2500 W. Arthington Street, Chicago, IL) in the amount of $133,600. Funding is
provided by the Sewer Fund, Account 7400.62461, with a budget of $215,000
allocated for sewer maintenance and repair.
For Action
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(A3.6) Approval of Contract with Standard Equipment Company for Emergency
Repair of Sewer Cleaning Vehicle #956
Staff recommends that City Council authorize the City Manager to execute a
contract for the emergency repair of the sewer cleaning vehicle #956 with
Standard Equipment Company (2033 West Walnut St., Chicago, IL) in the
amount of $39,518.62. Funding is provided by the Fleet Maintenance Fund,
Account 26.7710.65060, which has a budget of $950,000 specifically allocated
for fleet maintenance and repairs.
For Action
(A3.7) Approval of 2014 CIPP Sewer Rehabilitation Contract B with Insituform
Technologies USA, LLC (Bid 14-43)
Staff recommends that City Council authorize the City Manager to execute a
contract for the 2014 Cured-In-Place Pipe Lining Contract B with Insituform
Technologies USA, LLC (17988 Edison Avenue, Chesterfield, MO) in the amount
of $230,584. Funding in the amount of $130,551 is provided by the Sewer Fund,
Account 515.71.7420.62461, which has an FY 2014 budget of $515,000.
Funding in the amount of $100,033 is provided by the Washington National TIF,
which has an FY 2014 allocation of $185,000 for this project.
For Action
(A4) Approval of Change Order #1 with UrbanWorks for Comprehensive Signage
Design Program (RFP 12-41)
City Staff recommends that the City Council authorize the City Manager to
execute Change Order No. 1 for additional services provided by UrbanWorks,
LLC (213 W Institute Pl, Chicago, IL) in the development of a Comprehensive
Signage Design Program (RFP 12-41). The change order will increase the
contract amount by $19,720 from $52,270 to $71,990. Funding is provided by
Parking Fund 505.19.7005.65515 and CIP Project #700511.
For Action
(A5) Approval of School District 65 Rock Salt Agreement for 2014/2015
Staff recommends City Council authorize the City Manager to sign an agreement
with Evanston School District 65 for the sale of rock salt in the amount of $92.95
per ton for the period November 15, 2014 to April 15, 2015.
For Action
(A6) Approval of School District 202 Rock Salt Agreement for 2014/2015
Staff recommends City Council authorize the City Manager to sign an agreement
with Evanston School District 202 for the sale of rock salt in the amount of $92.95
per ton for the period November 15, 2014 to April 15, 2015.
For Action
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(A7) Resolution 67-R-14, Authorizing Fulfillment of Terms of the Gigabit Grant
Previously Awarded to the City from the State of Illinois and Selection of
ISP and Network Operator
Staff recommends the adoption of Resolution 67-R-14 authorizing the City
Manager to enter into certain agreements to fulfill all terms of a grant previously
awarded to the City from the State of Illinois regarding Gigabit Infrastructure
Installation in the City of Evanston. In fulfillment of the grant, staff recommends
that City Council authorize the City Manager to further negotiate and execute two
agreements with OnShore Networks (1407 W. Chicago Ave, Chicago, IL) for the
deployment of the Illinois Gigabit Communities Challenge Grant.
For Action
(A8) Resolution 71-R-14, Authorizing an Intergovernmental Agreement with
Metropolitan Water Reclamation District for the Civic Center Parking Lot
Reconstruction
Staff requests adoption of Resolution 71-R-14, authorizing the City Manager to
execute an Intergovernmental Agreement with Metropolitan Water Reclamation
District (MWRD) for the Civic Center Parking Lot Reconstruction Project. Funding
is provided by a $750,000 MWRD Grant and by $500,000 from the Parking Fund.
For Action
(A9) Resolution 72-R-14, Great Lakes and St. Lawrence Cities Initiative
(“GLSLCI”) Sustainable Municipal Water Management Scorecard
Staff recommends City Council adoption of Resolution 72-R-14 accepting the
Sustainable Municipal Water Management Scorecard evaluation of Evanston’s
integrated water management policies.
For Action
(A10) Resolution 74-R-14, Authorizing the Mayor to Enter into a Restated
Employment Contract with City Manager Wally Bobkiewicz
Mayor Tisdahl recommends City Council adoption of Resolution 74-R-14
authorizing an amended contract for City Manager Wally Bobkiewicz.
For Action
(A11) Resolution 76-R-14, Supporting Comments on the Proposed Rulemaking
on Rail Tank Car Safety
Mayor Tisdahl requests City Council adoption of Resolution 76-R-14 supporting
comments on the proposed rulemaking on rail tank car safety. This resolution is
in response to a request made by Barrington President Karen Darch at the
September Northwest Municipal Conference Board meeting.
For Action
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(A12) Resolution 65-R-14, Authorizing the City Manager to enter into an
Agreement with Etc. Music School for Space at the Noyes Cultural Arts
Center
City staff recommends the City Council adoption of Resolution 65-R-14
authorizing the City Manager to enter into an agreement for 3 month lease term
with Etc. Music School for space at the Noyes Cultural Arts Center.
For Action
(A13) Resolution 66-R-14, Authorizing the City Manager to enter into an
Agreement with Ozge Samanci and Shirley Adams for Space at the Noyes
Cultural Arts Center
City staff recommends the City Council adoption of Resolution 66-R-14
authorizing the City Manager to enter into an agreement for 3 month lease term
with Ozge Samanci and Shirley Adams for space at the Noyes Cultural Arts
Center
For Action
(A14) Resolution 75-R-14, Authorizing the City Manager to enter into an
Agreement with Roberta Levin for Space at the Noyes Cultural Arts Center
City staff recommends the City Council adoption of Resolution 75-R-14
authorizing the City Manager to enter into an agreement for 3 month lease term
with Roberta Levin for space at the Noyes Cultural Arts Center.
For Action
(A15) Ordinance 109-O-14, Adding Title 3, Chapter 31, Regarding Transportation
Network Providers
City staff recommend City Council consideration of Ordinance 109-O-14, which
regulates transportation network providers to mandate certain standards,
requirements, and consumer protections of such providers.
For Introduction
(A16) Ordinance 112-O-14, Amending City Code Section 3-4-6 By Creating the
New Class S-1 Liquor License
Local Liquor Commissioner recommends City Council adoption of Ordinance
112-O-14, which creates a new subsection, Class S-1 liquor license for non-profit
organizations who wish to obtain an annual liquor license.
For Introduction
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PLANNING & DEVELOPMENT COMMITTEE
(P1) Approval of Housing Authority of Cook County (HACC) Funding Request
for Rehabilitation of Perlman and Walchirk Apartments
The Housing and Homelessness Commission and City staff recommend funding
in the amount of $150,000 from the City’s HOME Investment Partnership grant
for the Housing Authority of Cook County’s Senior Redevelopment project for
199 units of senior and disabled housing in the Walchirk and Perlman
Apartments, located at 2300 Noyes Court and 1900 Sherman Avenue. Funding is
provided by HOME Fund Account 240.21.5430.65535.
For Action
(P2) Ordinance 115-O-14, Granting a Special Use for Commercial Indoor
Recreation, at 1017 Davis Street
The Zoning Board of Appeals and City staff recommend the adoption of
Ordinance 115-O-14 granting a special use permit for Commercial Indoor
Recreation, Tier One Training Center, at 1017 Davis Street. The applicant has
complied with all zoning requirements, and meets all of the standards for a
special use in the D2 Downtown Retail Core District.
For Introduction
(P3) Ordinance 116-O-14, Granting a Special Use for Animal Hospital, Teuber
Veterinary Services LLC, at 1815 Central Street
The Zoning Board of Appeals and City staff recommend the adoption of
Ordinance 116-O-14 granting a special use permit for an Animal Hospital, Teuber
Veterinary Services LLC, at 1815 Central Street. The applicant has complied with
all zoning requirements, and meets all of the standards for a special use in the
B1a Business District.
For Introduction
(P4) Ordinance 105-O-14, Granting a Special Use for a Type 2 Restaurant, Blaze
Pizza at 1737 Sherman Avenue
The Zoning Board of Appeals and the City Staff recommend adoption of
Ordinance 105-O-14 granting a special use permit for a Type 2 Restaurant,
Blaze Pizza. The applicant has complied with all other zoning requirements, and
meets all of the standards of a special use for this district. This ordinance was
introduced at the September 8, 2014 City Council meeting.
For Action
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(P5) Ordinance 104-O-14 Extension of Time for Orrington Hotel Planned
Development, 1710 Orrington Avenue and 1717-1725 Sherman Avenue
Staff recommends adoption of Ordinance 104-O-14 to extend the time for
completion of Orrington Hotel Planned Development located at 1710 Orrington
Avenue and 1717-1725 Sherman Avenue originally approved in October of 2003.
The Ordinance grants a two-year extension to obtain building permits for
construction of the 30 residential units above the hotel’s parking garage located
at 1717-1725 Sherman Avenue by October 11, 2016. This ordinance was
introduced at the September 8, 2014 City Council meeting.
For Action
HUMAN SERVICES COMMITTEE
(H1) Resolution 62-R-14, Authorizing the City of Evanston to Support the
Statewide and National Ban on Nontherapeutic Uses of Antibiotics in
Livestock Production
Members of the Human Services Committee and City staff recommend City
Council adoption of Resolution 62-R-14, authorizing the City of Evanston to
support the statewide and national ban on nontherapeutic uses of antibiotics in
livestock production.
For Action
(H2) Ordinance 103-O-14, Authorizing the City Manager to Negotiate for the
Lease and Sale of 2603 Sheridan Road (Harley Clarke Mansion)
Members of the Human Services Committee and staff recommend adoption of
Ordinance 103-O-14, which authorizes the City Manager to pursue negotiations
with the Illinois Department of Natural Resources to lease the property and sell
the buildings at 2603 Sheridan Road, commonly known as the Harley Clarke
Mansion. This ordinance was introduced at the September 8, 2014 City Council
meeting.
For Action
ECONOMIC DEVELOPMENT COMMITTEE
(O1) Approval of Façade Improvement Project at 430 Asbury Avenue in Support
of Little Beans Café Evanston
The Economic Development Committee and staff recommend the approval of a
Façade Improvement Grant for Little Beans Café at 430 Asbury Avenue on a
50/50 cost sharing basis in an amount not to exceed $30,000. Funding is
provided by the Economic Development Fund’s Business District Improvement
Account #5300.65522, which has a remaining balance of $109,438.25.
For Action
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(O2) Resolution 69-R-14, Authorizing the City Manager to Negotiate and Execute
a Loan Agreement with Little Beans Café Evanston, LLC
The Economic Development Committee and staff recommend the approval of
Resolution 69-R-14 “Authorizing the City Manager to Negotiate and Execute a
Loan Agreement with Little Beans Café Evanston, LLC.” The loan is in the
amount of $75,000. Funding is provided by the Economic Development Fund’s
Business Attraction & Expansion Account #5300.62660, with a total budget
allocation of $500,000.
For Action
(O3) Resolution 70-R-14, Authorizing the City Manager to Negotiate and Execute
a Forgivable Loan Agreement with Little Beans Café Evanston, LLC
The Economic Development Committee and staff recommend the approval of
Resolution 70-R-14 “Authorizing the City Manager to Negotiate and Execute a
Forgivable Loan Agreement with Little Beans Café Evanston, LLC.” The
forgivable loan is in the amount of $20,000. Funding is provided by the
Economic Development Fund’s Business Attraction & Expansion Account
#5300.62660, with a total budget allocation of $500,000.
For Action
(O4) Resolution 68-R-14, Authorizing the City Manager to Negotiate a TIF Grant
Agreement with O’Donnell Investment Company for 835 Chicago Avenue
Staff and the Economic Development Committee recommend adoption of
Resolution 68-R-14 “Authorizing the City Manager to Negotiate a TIF Grant
Agreement with O’Donnell Investment Company for the Development of a Vacant
Property Located at 835 Chicago Avenue.” Staff and the Economic Development
Committee recommend an amount not to exceed $2,900,000 for eligible
expenses. Funding is to be provided by the Chicago/Main Tax Increment
Financing District.
For Action
MEETINGS SCHEDULED THROUGH SEPTEMBER 2014
Upcoming Aldermanic Committee Meetings:
Tues, Sept 23 7:30 PM Housing & Community Dev Act Committee
Fri, Sept 26 7:00 AM Housing & Homelessness Commission
Mon, Sept 29 7:00 PM Special Council meeting: Bikes
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.
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For City Council meeting of September 22, 2014 Item SP1
Special Order of Business: Loan Assistance Request from Evanston Art Center
For Action
To: Honorable Mayor and Members of the City Council
From: Wally Bobkiewicz, City Manager
Subject: Loan Assistance Request from Evanston Art Center
Date: September 18, 2014
Recommended Action:
Staff requests that City Council consider and provide direction regarding a request from
the Evanston Art Center for a loan of $500,000 from the City.
Attachment:
Letter from Evanston Art Center
Memorandum
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CITY COUNCIL REGULAR MEETING
CITY OF EVANSTON, ILLINOIS
LORRAINE H. MORTON CIVIC CENTER
COUNCIL CHAMBERS
Monday, September 8, 2014
Roll Call: Alderman Wilson Alderman Rainey
Alderman Holmes Alderman Fiske
Alderman Tendam Alderman Braithwaite
Alderman Grover Alderman Wynne
Presiding: Mayor Elizabeth B. Tisdahl
The Mayor called the Regular meeting of the City Council to order after a quorum was
confirmed with a Roll Call at 7:45 PM.
Mayor Public Announcements:
Mayor Tisdahl announced the Mayor is in the house as she welcomed back former Mayor
Lorraine H. Morton.
Recognition of Team Evanston's Boys U14 Premier Team, Winner of US Youth Soccer's
National Presidents Cup, and she presented them with a framed certificate.
Presentation of Keys to the City of Evanston:
Mayor Tisdahl gave a brief introduction of each awardee of the Keys to the City of
Evanston and they were as follows:
(1) Lou Dickson, Evanston ReBuilding Warehouse
(2) Susan Trieschmann, Executive Director, Curt’s Café
(3) Ann Jennett, Founder, Youth Job Center of Evanston
(4) Hecky Powell, Hecky’s Barbecue, Retired Mayor Morton spoke very highly of Mr.
Powell’s contributions to the youth in our community.
City Manager Public Announcements:
Inside Out Art Project/Council Chambers Art this was presented by the students of Chute
Middle School and after the slide presentation a few of the students gave their insights to
being involved.
Police Department Promotions: Det. Chelsea Brown and Det. Jeff Faison promoted to
Sgt., also Sgt. Mel Collier promoted to Commander. Pictures were taken of the Officers
while being sworn in with the Clerk as well as pictures with their perspective family
members. The Chief also introduced Sgt. Dennis Leaks as the replacement for Sgt.
Collier who was promoted to Commander.
The City Manager thanked all who came out and made the Streets Alive such a success 12 of 519
City Council Agenda August 11, 2014 Page 2 of 8
on yesterday including the staff that made it all happen. He also mentioned he was
reaching out to the community for input into the budget season that has begun.
Communications: City Clerk
City Clerk Greene announced the upcoming dates and times for the early voting and
registration periods, and stated the information would be placed on the website.
Citizen Comment / Agenda Items:
The following persons spoke on H2 (Harley Clark)
Lou Harms, 2115 Livingston St. stated the City will not be able to buy back the property
according to the proposed Ordinance.
Jeanne Lindwall, 625 Library Place is concerned to keep the property for residential
usage.
Barb James, 802 Colfax echoed the statement of the previous speaker ad she also
asked that the public be informed of the decisions before the Council approves it.
Diane Tecic, 160 Lasalle Chicago stated she was with the Illinois Dept. of Natural
Resources and Coastal Management Program. She stated they need to have
ownership of the property in order to invest in the area. It needs to be a sale instead of a
lease to allow them to be here in the Evanston community.
Bennett Johnson, 708 Washington St. was representing the Evanston Minority Business
Association. These are Evanston based contractors. They are looking to be included in
the process to obtain work in Evanston.
Linda Damiashek, 1318 Jodson Ave. she too asked that the property stay as a public
use and to have a legal arrangement negotiated and to come to the public before going
to the City Council.
Non-Agenda comments:
Junad Rizki, 2784 Sheridan stated a public official said he was continually negative. He
stated there are no true numbers concerning the exact dollars. The Council should be
more professional in their voting abilities.
Peggy Tarr, 907 Sherman read a letter she sent to Mayor Tisdahl from a Mental Health
Board member, she then submitted the letter to the City Clerk.
Diane Brehon, 1929 Jackson stated she had no complaints to the Council. She wanted
to thank the Mayor because there is quite on Jackson Street (there are no more gang
bangers), and also thanked Ald. Wilson for getting her a job as a crossing guard on Ridge
and Greenleaf.
CONSENT AGENDA
(M1) Approval of Minutes of the Regular City Council Meeting of August 11, 2014
For Action
ADMINISTRATION & PUBLIC WORKS COMMITTEE
(A1) City of Evanston Payroll through August 10, 2014 $2,933,794.53
City of Evanston Payroll through August 24, 2014 $2,804,467.62
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(A2) City of Evanston Bills – September 9, 2014 $6,419,512.61
Credit Card Report ending July 31, 2014 $ 147,894.59
For Action
(A3.1) Approval of Contract with Garland/DBS, Inc. for Water Treatment Facility
Roof Replacements
Staff recommends that City Council authorize the City Manager to execute a
contract for Water Treatment Facility Roof Replacements with Garland/DBS, Inc.
(3800 East 91st St, Cleveland, OH) in the amount of $709,309. Staff proposes to
utilize the U.S. Communities Purchasing Program for this contract, for which
Garland/DBS Inc. is the selected contractor through this program. Funding is
provided by the Water Fund, Account 513.71.7330.65515 - 733108, which has
an FY 2014 allocation of $750,000.
For Action
(A3.2) Approval of Street Light Purchase from Elcast Lighting for 2014 Safer
Neighborhood Area Project (SNAP)
Staff recommends City Council approval of sole source purchase of 57 Induction
lighting units from Elcast Lighting (815 S. Kay Avenue, Addison, IL) in the
amount of $24,645.09 for the Safer Neighborhood Area Project to increase
wattage of the Tallmadge street lights from 85 watt to 165 watt. Elcast is the sole
distributor/fabricator of the standard Tallmadge street light luminaires. Funding is
provided by the CDBG Fund Account 215.21.5170.62795, which has $25,000
budgeted for Fiscal Year 2014.
For Action
(A3.3) Approval of Pitner Avenue/Dempster Street Sidewalk Project Contract with
Schroeder & Schroeder Inc. (Bid 14-54)
Staff recommends that City Council authorize the City Manager to execute a
contract for the Pitner Avenue/Dempster Street Sidewalk Project with Schroeder
& Schroeder Inc. (7306 Central Park Avenue, Skokie, IL) in the amount of
$167,438. Funding is provided by CDBG Funds $135,800 (215.21.5170.63030)
and $31,638 (CIP Project 415864.65515).
For Action
(A4) Approval of Change Order #1 with A. Lamp Concrete Contractors for the
2014 CIP 3 Street Resurfacing Project (Bid 14-31)
Staff recommends that City Council authorize the City Manager to execute
Change Order #1 to the contract for 2014 CIP 3 Street Resurfacing Project with
A. Lamp Concrete Contractors (800 W. Irving Park Road, Schaumburg, IL) in the
amount of $345,156.70. This change order will expand the scope of contract to
include street resurfacing on six additional streets. Funding is provided by the
2014 CIP Street Resurfacing Fund (415.26.4150.65515.415857).
For Action
(A5) Resolution 64-R-14 Endorsing the Application of Little Beans Café
Evanston LLC to the Cook County Assessor for Class 7a Status
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Designation for Commercial Development of the Vacant Property Located
at 430 Asbury Avenue
Staff recommends adoption of Resolution 64-R-14. A resolution from the City of
Evanston in support of Little Beans Café Evanston LLC (“Little Beans”)
application to the Cook County Assessor is a required supplement to the Class
7a application.
For Action
(A6) Resolution 58-R-14, Authorizing the City Manager to Negotiate a TIF
Redevelopment Agreement Regarding the Evanston Plaza Shopping Center
Staff recommends City Council adoption of Resolution 58-R-14, directing the City
Manager to restate the City’s original commitment stated in Resolution 54-R-12
and authorizing the substitution of the party to negotiate with on the TIF
Redevelopment Agreement Regarding Evanston Plaza Shopping Center to be
Azzurri of Evanston, Inc. the contract purchaser for the real property located at
1900 Dempster. Funding is provided by the Dempster/Dodge Tax Increment
Financing (TIF) District. On August 11, 2014, this resolution was held for the
September 8, 2014 meeting.
For Action
(A7) Revisions to Ordinance 74-O-14, Authorizing the City to Borrow Funds from
the Illinois Environmental Protection Agency Water Pollution Control Loan
Program
Staff recommends adoption of revisions to Ordinance 74-O-14, which currently
authorizes the City to borrow funds from the Illinois Environmental Protection
Agency (IEPA) Water Pollution Control Loan Program for Large Diameter Sewer
Rehabilitation on Cleveland Street up to $253,000, with debt service to be paid
from the Sewer Fund. When bids were received for this project on July 29, 2014,
the lowest responsive and responsible bidder’s proposal was $264,260. The
proposed ordinance revisions include increasing the borrowing limit to $300,000.
This ordinance was introduced at the August 11, 2014 City Council meeting.
For Action
(A8) Ordinance 95-O-14, Sale of Surplus Property – Fleet Vehicles
Staff recommends adoption of Ordinance 95-O-14 by which City Council would
authorize the City Manager to offer the sale of vehicles owned by the City
through public auction at the Northwest Municipal Conference Vehicle Auction
sponsored by Manheim Auto Auctions on Tuesday, October 14, 2014. This
ordinance was introduced at the August 11, 2014 City Council meeting.
For Action
(A9) Ordinance 96-O-14, Increasing the Number of Class D Liquor Licenses for
Yoga and Renish, LLC d/b/a Mumbai Grill, 1728 Sherman Avenue
Staff recommends City Council adoption of Ordinance 96-O-14, which increases
the number of authorized Class D liquor licenses from forty-nine (49) to fifty (50)
and permit issuance of a Class D license to Yoga and Renish, LLC d/b/a Mumbai
Grill, 1728 Sherman Avenue. This ordinance was introduced at the August 11,
2014 City Council meeting.
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For Action
(A10) Ordinance 97-O-14, Increasing the Number of Class D Liquor Licenses for
MDCC, LLC d/b/a Ten Mile House, 1700 Central Street
Staff recommends City Council adoption of Ordinance 97-O-14, which increases
the number of authorized Class D liquor licenses from fifty (50) to fifty-one (51)
and permit issuance of a Class D license to MDCC, LLC d/b/a Ten Mile House,
1700 Central Street. This ordinance was introduced at the August 11, 2014 City
Council meeting.
For Action
PLANNING & DEVELOPMENT COMMITTEE
(P1) Ordinance 108-O-14, Granting a Special Use for a Residential Building at
1413-15 Howard Street
The Zoning Board of Appeals and City staff recommend adoption of Ordinance
108-O-14 granting a special use permit for multi-family residential units in the B2
Business District. The applicant has complied with all other zoning requirements,
and meets all of the standards for a special use for this district.
For Introduction
(P2) Ordinance 105-O-14, Granting a Special Use for a Type 2 Restaurant, Blaze
Pizza at 1737 Sherman Avenue
The Zoning Board of Appeals and the City Staff recommend adoption of
Ordinance 105-O-14 granting a special use permit for a Type 2 Restaurant,
Blaze Pizza. The applicant has complied with all other zoning requirements, and
meets all of the standards of a special use for this district.
For Introduction
(P3) Ordinance 106-O-14, Granting a Special Use for a Commercial Indoor
Recreational Facility, Goldfish Swim School, at 2008 Dempster Street
The Zoning Board of Appeals and City staff recommend the adoption of
Ordinance 106-O-14 granting a special use permit for a Commercial Indoor
Recreation Facility, Goldfish Swim School, at 2008 Dempster Street. The
applicant has complied with all zoning requirements, and meets all of the
standards of a special use in the I2 General Industrial District. In order to meet
their construction schedule and to fill a large vacant commercial space,
suspension of the rules is requested for introduction and action by City Council
on September 8, 2014.
For Introduction and Action
(P4) Ordinance 104-O-14 Extension of Time for Orrington Hotel Planned
Development 1710 Orrington Avenue and 1717-1725 Sherman Avenue
Staff recommends adoption of Ordinance 104-O-14 to extend the time for
completion of Orrington Hotel Planned Development located at 1710 Orrington
Avenue and 1717-1725 Sherman Avenue originally approved in October of 2003.
The Ordinance grants a two-year extension to obtain building permits for
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construction of the 30 residential units above the hotel’s parking garage located
at 1717-1725 Sherman Avenue by October 11, 2016.
For Introduction
HUMAN SERVICES COMMITTEE
(H1) Approval of 2014 Agreement with the Youth Job Center of Evanston Inc. for
Building Career Pathways to Sustainable Employment Program
Members of the Human Services Committee and City staff recommend that City
Council authorize the City Manager to execute the 2014 agreement with the
Youth Job Center of Evanston Inc. (YJC) (1114 Church Street, Evanston, IL) to
provide fifteen disconnected and unemployed young adults who are low to
moderate income Evanston residents (ages 18-25) with a career pathway plan
that leads to educational/work trade certification, etc., employment, supportive
services, career counseling, educational support and transportation assistance
over 24 months in an amount not to exceed $80,000 for FY 2014.
For Action
(H2) Ordinance 103-O-14, Authorizing the City Manager to Negotiate for the
Lease and Sale of 2603 Sheridan Road (Harley Clarke Mansion)
Members of the Human Services Committee and staff recommend adoption of
Ordinance 103-O-14, which authorizes the City Manager to pursue negotiations
with the Illinois Department of Natural Resources to lease the property and sell
the buildings at 2603 Sheridan Road, commonly known as the Harley Clarke
Mansion.
For Introduction
(H3) Approval of City Partnership Cradle to Career Initiative
The Human Service Committee and City staff recommend that the City Council
authorize the City Manager to negotiate a one year pilot partnership agreement
for City participation in the Cradle to Career (C2C) initiative. The proposed City
contribution to the Cradle to Career initiative is $50,000. Funding would be
provided by the City Manager Contingency Account 1505. 68205.
For Action
APPOINTMENTS
(APP1) For Appointment to:
Human Relations Commission Christopher Garcia
Zoning Board of Appeals Myrna Arevalo
For Action
Ald. Rainey motioned to have the Consent Agenda approved by Alderman Holmes and
it was seconded, and with a Roll Call vote the Agenda passed with 8-0.
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Items for discussion
(P1) Ordinance 108-O-14, Granting a Special Use for a Residential Building at
1413-15 Howard Street
The Zoning Board of Appeals and City staff recommend adoption of Ordinance
108-O-14 granting a special use permit for multi-family residential units in the B2
Business District. The applicant has complied with all other zoning requirements,
and meets all of the standards for a special use for this district.
For Introduction Suspension of the rules was approved during Consent
Agenda. Alderman Rainey motioned for approval and seconded by Alderman Tendam a
Roll Call vote was 8-0 and the motion passed.
(P3) Ordinance 106-O-14, Granting a Special Use for a Commercial Indoor
Recreational Facility, Goldfish Swim School, at 2008 Dempster Street
The Zoning Board of Appeals and City staff recommend the adoption of
Ordinance 106-O-14 granting a special use permit for a Commercial Indoor
Recreation Facility, Goldfish Swim School, at 2008 Dempster Street. The
applicant has complied with all zoning requirements, and meets all of the
standards of a special use in the I2 General Industrial District. In order to meet
their construction schedule and to fill a large vacant commercial space,
suspension of the rules is requested for introduction and action by City Council
on September 8, 2014.
For Introduction and Action
Alderman Rainey motioned for approval and seconded by Alderman Holmes a
Roll Call vote was 8-0 and the motion passed.
Call of the Wards:
Ward 4, Ald. Wilson echoed Wally’s great turnout for the Streets Alive over the
weekend. There will be a joint meeting with Ald. Burrus Wednesday at 7:00 at the Levy
Center. The discussion will be on recent violence and the biking.
Ward 5, Ald. Holmes thanked the Council for support of Cradle to Career proposal she
will be meeting with United Way tomorrow to hopefully obtain funds from them.
Ward 6, Ald. Tendam stated the ward meeting scheduled for the 25th has been
postponed to Thursday, October 30th.
Ward 7, Ald. Grover thanked the many who attended the ward meeting in August which
was a long meeting that talked about the violence and the Sheridan Road construction.
Ward 8, Ald. Rainey congratulated the Policemen for their promotions. She urged the
8th ward residents to go to meeting to go to the Levy Center for the presentation on gun
violence.
Ward 1, Ald. Fiske had no report.
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City Council Agenda August 11, 2014 Page 8 of 8
Ward 2, Ald. Braithwaite he also congratulated the Police promotions, he also thanked
Wally for his leadership in the West end improvement along with the Council and staff.
Ward 3, Ald. Wynne echoed the thanks to the staff and the participants in the Streets
Alive activity over the weekend. She was also pleased for the City Key receivers
honoring their contributions to the City, and congratulated the Police promotions and
their families.
Ald. Wilson motioned for the Regular Council meeting to adjourn and convene into the
Executive Session to discuss Real Estate, Litigation, Personnel, and Minutes and it was
seconded. The meeting adjourned at 9:18PM. With a Voice Vote.
Submitted by,
Hon. Rodney Greene, MMC
City Clerk
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CITY COUNCIL REGULAR MEETING
CITY OF EVANSTON, ILLINOIS
LORRAINE H. MORTON CIVIC CENTER
COUNCIL CHAMBERS
Monday, September 15, 2014
7:00 p.m.
Roll Call: Alderman Holmes Alderman Burrus
Alderman Tendam Alderman Fiske
Alderman Grover Alderman Braithwaite
Alderman Rainey Alderman Wilson
Presiding: Mayor Elizabeth Tisdahl
Mayor Tisdahl called the Regular Meeting of the City Council to order at 7:04 P.M. after a
quorum was established.
Mayor Public Announcements and Proclamations;
National Hispanic Heritage Month – September 15-October 15, 2014
Frances E. Willard 175th Anniversary - September 2014
Mayor’s Summer Youth Employment Program Youth Recognition was acknowledged and
the participants who were honored received framed certificates for various achievements.
City Manager Public Announcements
Assistant City Manager Mr. Lyons called upon staff members to present a slide
presentation of “What We Did This Summer” that highlighted the programs the City
offered to the residents.
Northwestern University Lakefront Path Update was presented by Suzette Robinson,
Director of Public Works.
Communications: City Clerk
Clerk Greene reminded everyone that the November Elections are coming soon, and
announced the times and dates for early voting as well as registration too.
Citizen Comment
Junad Rizki, 2784 Sheridan shared his observations and concern about the Lake Front
Bike Path, and he wondered where the $250,000.00 went that the City received for the
bike path. He also wondered why the trees were cut down around the bike path.
Mr. Rizki also stated that Alderman Rainey questioned his mental state, and as a citizen
should we be attacked personally when we have been warned to speak civilly to the
Council. He spoke of the previous businesses that were on Howard Street that were
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City Council Agenda September 15, 2014 Page 2 of 3
closed down (Churches, Nail Salons) which were owned by black residents and the City
probably did not give them any funds to stay functional.
Stuart Opdycke,1327 Hinman suggested to the Council to accept a lease over selling the
property of Harley Clark. He stated if the proposed deal for Harley Clark falls through,
maybe the Council should reconsider some form of the Pritzker proposal and have a 75
to 100 year lease. He also thanked the Council for their service to the community.
Dickelle Fonda, 1220 Darrow thanked the Council for allowing the NWCASA to have
satellite operation in Evanston.
Jacquelyn Carson, 1127 Hull Ter. Thanked the Council for providing space to serve the
community members who are victims of sex crime. Whether they are` against ually
abused women, men and children.
October 5th there will be a walk for awareness to abused women, and the men are invited
to walk as well in high hill shoes.
SPECIAL ORDERS OF BUSINESS
(SP1) Proposed Fountain Square Renovation Project
Staff will present information regarding the proposed renovation of Fountain
Square to address the deteriorated infrastructure and requests City Council
direction regarding the allocation of funds from the Washington National TIF to
pay for the improvements.
For Action
Public Works Director Suzette Robinson gave an update on the proposed project. She
gave a background historical interjection of the square.
(SP2) Solid Waste Proposal
Staff will present information regarding the solid waste operations and requests
City Council direction regarding the development of a request for proposal to
cover the next five to seven years of solid waste operations.
For Action
Suzette Robinson spoke on this proposal as well. Hoping to get this started in early fall.
(SP3) 2015 Human Services Priorities & Strategies for At-Risk Populations
Staff requests City Council consider staff presentations regarding human
services needs and resources for at-risk populations.
For Discussion
Director Lyons of the Evanston Public Library, Evonda Thomas-Smith, Director Health
Department and Christina Ferraro
(SP4) Cultural Arts Update
A presentation will be given by staff to update Mayor and Council Members about
observations, changes, projects and upcoming events and vision for Cultural Arts
in Evanston. There is no recommended action at this time.
For Discussion
Jennifer Lasik Arts Coordinator presented an overview of the Arts community here in
Evanston.
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City Council Agenda September 15, 2014 Page 3 of 3
Call of the Wards
Ward 5, Ald. Holmes announced Thursday, 9/18 5th ward meeting, and Dada’s world
Friday night at Fleetwood/Jourdaine family night, and this Saturday at ETHS basketball
game in the afternoon.
Ward 6, Ald. Tendam announced the mashup tomorrow at 5:30 along the Lake at
Northwestern.
Ward 7, Ald. Grove announced Senator Biss’s Townhall meeting at D65 building
concerning school funding after the mashup.
Ward 8, Ald. Rainey announced Oakton’s 100th birthday of operation, and the children
attached a mosaic creation to the front of the school. She also thanked Mr. Opdycke for
thanking the Council for our work and she just wanted to thank him as well for his
contributions to the City. She also mentioned the vision she had for Howard Street
many years ago and the persons who helped, and the death of Marcell who died today.
Ward 9, Ald. Burrus she felt the presentations were excellent and 4 years ago we could
not be where we are now and we have made huge progress as we go forward.
Ward 1, Ald. Fiske thanked the staff for the presentations. She will be asking for help
from the community and she passed a collection box around the Council and the
audience.
Ward 2, Ald. Braithwaite also thanked the staff for the presentations. He is looking to
take on some Public Works projects.
Ward 3, Ald. Wynne she said ditto to all presentations and the excellent work of the
Staff
Ward 4, Ald. Wilson thanked the staff presentations. Thursday, 9 18, 2014 in room 2200
in this building at 7:00 having a community meeting for a proposed project at
Maple & Davis.
Alderman Wilson motioned to convene into the Executive Session to discuss Personnel,
and Minutes and it was seconded. With a Voice Vote the meeting ended at 9:52 P.M.
Submitted by,
Hon. Rodney Greene, MMC
City Clerk
10/24/2013 6:42 PM 22 of 519
ADMINISTRATION & PUBLIC WORKS COMMITTEE
Monday, September 22, 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 September 8, 2014
III. ITEMS FOR CONSIDERATION
(A1) City of Evanston Payroll through September 7, 2014 $2,703,381.43
(A2) City of Evanston Bills – September 23, 2014 $2,601,855.09
For Action
(A3.1) Approval of Contract with Schroeder & Schroeder, Inc. for 2014 Alley
Paving Project (Bid 14-56)
Staff recommends the City Council authorize the City Manager to execute a
contract in response to Bid 14-56, awarding the first of two contracts for the 2014
Alley Paving Project to Schroeder & Schroeder, Inc. (7306 Central Park, Skokie,
IL), in the amount of $176,738 for the alley north of Leonard Place, and east of
Wesley Avenue. Funding is provided by the Special Assessment Fund
(6365.65515). The home owner’s portion of the cost is $88,369 which is collected
over a period of ten years.
For Action
(A3.2) Approval of Contract with The Lakota Group for Professional Consulting
Services for the Park System Evaluation (RFP 14-53)
Staff recommends that City Council authorize the City Manager to execute a
contract for the Park System Evaluation with The Lakota Group (212 West Kinzie
Street, Chicago, IL) at a total cost of $244,144 which includes a 10% contingency
for potential field testing. Funding is provided by the FY2014 Capital
Improvement Plan (CIP) Project #416457 with a budget of $300,000.
For Action
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(A3.3) Approval of Single Source Purchase Davis Streetscape Furniture from
Landscapeforms
Staff recommends City Council approval of the single source purchase of the
following streetscape furniture items for Davis Street: 5 Melville Style Benches,
30 Poe Style Litter Containers from Landscapeform (431 Lawndale Avenue,
Kalamazoo, MI) in the amount of $51,900. In April 2013 City Council approved
the Concept Plan for Davis Street, which included landscape furniture items.
Funding is provided as follows: $23,846.70 from the Washington National TIF
and $28,053.30 from the CIP Project # 416438.
For Action
(A3.4) Approval of Agreement with Harris Computer Systems for Migration of
AQUAS Database from Oracle to Microsoft SQL
Staff recommends that City Council authorize the City Manager to execute an
agreement with Harris Computer Systems (1 Antares Drive, Suite 400, Ottawa,
Ontario) to migrate the NorthStar Utility Billing software database from Oracle to
Microsoft SQL, in the amount of $31,500. This one time data migration and
application setup of $31,500 will be funded by the Utilities Department, Account
510.71.7125.62340.
For Action
(A3.5) Approval of Contract with National Power Rodding Corporation for 2014
Manhole Lining (Bid 14-57)
Staff recommends that City Council authorize the City Manager to execute a
contract for the 2014 Manhole Lining with National Power Rodding Corporation
(2500 W. Arthington Street, Chicago, IL) in the amount of $133,600. Funding is
provided by the Sewer Fund, Account 7400.62461, with a budget of $215,000
allocated for sewer maintenance and repair.
For Action
(A3.6) Approval of Contract with Standard Equipment Company for Emergency
Repair of Sewer Cleaning Vehicle #956
Staff recommends that City Council authorize the City Manager to execute a
contract for the emergency repair of the sewer cleaning vehicle #956 with
Standard Equipment Company (2033 West Walnut St., Chicago, IL) in the
amount of $39,518.62. Funding is provided by the Fleet Maintenance Fund,
Account 26.7710.65060, which has a budget of $950,000 specifically allocated
for fleet maintenance and repairs.
For Action
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(A3.7) Approval of 2014 CIPP Sewer Rehabilitation Contract B with Insituform
Technologies USA, LLC (Bid 14-43)
Staff recommends that City Council authorize the City Manager to execute a
contract for the 2014 Cured-In-Place Pipe Lining Contract B with Insituform
Technologies USA, LLC (17988 Edison Avenue, Chesterfield, MO) in the amount
of $230,584. Funding in the amount of $130,551 is provided by the Sewer Fund,
Account 515.71.7420.62461, which has an FY 2014 budget of $515,000.
Funding in the amount of $100,033 is provided by the Washington National TIF,
which has an FY 2014 allocation of $185,000 for this project.
For Action
(A4) Approval of Change Order #1 with UrbanWorks for Comprehensive Signage
Design Program (RFP 12-41)
City Staff recommends that the City Council authorize the City Manager to
execute Change Order No. 1 for additional services provided by UrbanWorks,
LLC (213 W Institute Pl, Chicago, IL) in the development of a Comprehensive
Signage Design Program (RFP 12-41). The change order will increase the
contract amount by $19,720 from $52,270 to $71,990. Funding is provided by
Parking Fund 505.19.7005.65515 and CIP Project #700511.
For Action
(A5) Approval of School District 65 Rock Salt Agreement for 2014/2015
Staff recommends City Council authorize the City Manager to sign an agreement
with Evanston School District 65 for the sale of rock salt in the amount of $92.95
per ton for the period November 15, 2014 to April 15, 2015.
For Action
(A6) Approval of School District 202 Rock Salt Agreement for 2014/2015
Staff recommends City Council authorize the City Manager to sign an agreement
with Evanston School District 202 for the sale of rock salt in the amount of $92.95
per ton for the period November 15, 2014 to April 15, 2015.
For Action
(A7) Resolution 67-R-14, Authorizing Fulfillment of Terms of the Gigabit Grant
Previously Awarded to the City from the State of Illinois and Selection of
ISP and Network Operator
Staff recommends the adoption of Resolution 67-R-14 authorizing the City
Manager to enter into certain agreements to fulfill all terms of a grant previously
awarded to the City from the State of Illinois regarding Gigabit Infrastructure
Installation in the City of Evanston. In fulfillment of the grant, staff recommends
that City Council authorize the City Manager to further negotiate and execute two
agreements with OnShore Networks (1407 W. Chicago Ave, Chicago, IL) for the
deployment of the Illinois Gigabit Communities Challenge Grant.
For Action
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(A8) Resolution 71-R-14, Authorizing an Intergovernmental Agreement with
Metropolitan Water Reclamation District for the Civic Center Parking Lot
Reconstruction
Staff requests adoption of Resolution 71-R-14, authorizing the City Manager to
execute an Intergovernmental Agreement with Metropolitan Water Reclamation
District (MWRD) for the Civic Center Parking Lot Reconstruction Project. Funding
is provided by a $750,000 MWRD Grant and by $500,000 from the Parking Fund.
For Action
(A9) Resolution 72-R-14, Great Lakes and St. Lawrence Cities Initiative
(“GLSLCI”) Sustainable Municipal Water Management Scorecard
Staff recommends City Council adoption of Resolution 72-R-14 accepting the
Sustainable Municipal Water Management Scorecard evaluation of Evanston’s
integrated water management policies.
For Action
(A10) Resolution 74-R-14, Authorizing the Mayor to Enter into a Restated
Employment Contract with City Manager Wally Bobkiewicz
Mayor Tisdahl recommends City Council adoption of Resolution 74-R-14
authorizing an amended contract for City Manager Wally Bobkiewicz.
For Action
(A11) Resolution 76-R-14, Supporting Comments on the Proposed Rulemaking
on Rail Tank Car Safety
Mayor Tisdahl requests City Council adoption of Resolution 76-R-14 supporting
comments on the proposed rulemaking on rail tank car safety. This resolution is
in response to a request made by Barrington President Karen Darch at the
September Northwest Municipal Conference Board meeting.
For Action
(A12) Resolution 65-R-14, Authorizing the City Manager to enter into an
Agreement with Etc. Music School for Space at the Noyes Cultural Arts
Center
City staff recommends the City Council adoption of Resolution 65-R-14
authorizing the City Manager to enter into an agreement for 3 month lease term
with Etc. Music School for space at the Noyes Cultural Arts Center.
For Action
(A13) Resolution 66-R-14, Authorizing the City Manager to enter into an
Agreement with Ozge Samanci and Shirley Adams for Space at the Noyes
Cultural Arts Center
City staff recommends the City Council adoption of Resolution 66-R-14
authorizing the City Manager to enter into an agreement for 3 month lease term
with Ozge Samanci and Shirley Adams for space at the Noyes Cultural Arts
Center
For Action
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(A14) Resolution 75-R-14, Authorizing the City Manager to enter into an
Agreement with Roberta Levin for Space at the Noyes Cultural Arts Center
City staff recommends the City Council adoption of Resolution 75-R-14
authorizing the City Manager to enter into an agreement for 3 month lease term
with Roberta Levin for space at the Noyes Cultural Arts Center.
For Action
(A15) Ordinance 109-O-14, Adding Title 3, Chapter 31, Regarding Transportation
Network Providers
City staff recommend City Council consideration of Ordinance 109-O-14, which
regulates transportation network providers to mandate certain standards,
requirements, and consumer protections of such providers.
For Introduction
(A16) Ordinance 112-O-14, Amending City Code Section 3-4-6 By Creating the
New Class S-1 Liquor License
Local Liquor Commissioner recommends City Council adoption of Ordinance
112-O-14, which creates a new subsection, Class S-1 liquor license for non-profit
organizations who wish to obtain an annual liquor license.
For Introduction
IV. ITEMS FOR DISCUSSION
V. COMMUNICATIONS
VI. ADJOURNMENT
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Administration and Public Works Committee Meeting
Minutes of September 8, 2014
Council Chambers – 6:00 p.m.
Lorraine H. Morton Civic Center
MEMBERS PRESENT: D. Holmes, A. Rainey, J. Grover, P. Braithwaite
MEMBER ABSENT: C. Burrus
STAFF PRESENT: D. Stoneback, W. Bobkiewicz, G. Farrar, C. Plante, J. Nyden, J.
Calderon, H. Pirooz, E. Storlie, T. Turner, S. Flax, L. Biggs, R.
Voss, Chief Klaiber, J. McRae, R. Dahal, B. Dorneker, A. Porta,
J. Murphy, P. Zalmezak
STAFF ABSENT: M. Lyons, S. Nagar, C. Hurley, M. Muenzer, E. Thomas-Smith,
Chief Eddington, P. D’Agostino, L. Pearson, S. Levine, J.
Maiworm, J. Williams-Kinsel, S. Robinson, L. Jeschke
PRESIDING OFFICIAL: Ald. Holmes
I. DECLARATION OF QUORUM
A quorum being present, Ald. Holmes called the meeting to order at 6:04 p.m.
II. APPROVAL OF REGULAR MEETING MINUTES OF AUGUST 11, 2014
Ald . Rainey moved to approve the minutes of the August 11, 2014 A&PW
meeting as submitted, seconded by Ald. Grover.
The minutes of the August 11, 2014 meeting were approved unanimously 3-0.
III. ITEMS FOR CONSIDERATION
(A1) City of Evanston Payroll through August 10, 2014 $2,933,794.53
City of Evanston Payroll through August 24, 2014 $2,804,467.62
(A2) City of Evanston Bills – September 9, 2014 $6,419,512.61
Credit Card Report ending July 31, 2014 $ 147,894.59
For Action
Ald. Holmes moved to approve the City of Evanston Payroll (A1) through
August 10, 2014 and August 24, 2014, seconded by Ald. Grover. The
Committee voted unanimously 3-0 to approve the payrolls.
Ald. Rainey moved to approve the City of Evanston Bills through September 9,
2014 and the credit card report ending July 31, 2014, seconded by Ald. Grover.
The Committee voted unanimously 3-0 to approve the bills and credit card
report.
PUBLIC COMMENT
DRAFT - NOT
APPROVED
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Page 2 of 6
Junad Rizki, 2784 Sheridan, asked where the costs for the patio built on Howard
Street falls on the bills list, specifically the labor and materials.
Ald. Rainey agreed to provide a copy of the invoice to the Peckish Pig. City Manager
Bobkiewicz noted that this is a receivable to the City and will provide a copy to Mr.
Rizki. He confirmed the bill issued to The Peckish Pig on August 29, 2014 itemized
all materials and labor for a total of $18,412.23. Interest will be charged at a rate of
15% as per normal procedure for balances not paid.
(A3.1) Approval of Contract with Garland/DBS, Inc. for Water Treatment
Facility Roof Replacements
Staff recommends that City Council authorize the City Manager to execute a
contract for Water Treatment Facility Roof Replacements with Garland/DBS, Inc.
(3800 East 91st St, Cleveland, OH) in the amount of $709,309. Staff proposes to
utilize the U.S. Communities Purchasing Program for this contract, for which
Garland/DBS Inc. is the selected contractor through this program. Funding is
provided by the Water Fund, Account 513.71.7330.65515 - 733108, which has an
FY 2014 allocation of $750,000.
For Action
Ald. Rainey moved to authorize the City Manager to execute a contract for
Water Treatment Facility Roof Replacements with Garland/DBS, Inc. in the
amount of $709,309, seconded by Ald. Grover.
The Committee voted unanimously 3-0 to recommend approval of the contract.
(A3.2) Approval of Street Light Purchase from Elcast Lighting for 2014 Safer
Neighborhood Area Project (SNAP)
Staff recommends City Council approval of sole source purchase of 57 Induction
lighting units from Elcast Lighting (815 S. Kay Avenue, Addison, IL) in the amount of
$24,645.09 for the Safer Neighborhood Area Project to increase wattage of the
Tallmadge street lights from 85 watt to 165 watt. Elcast is the sole
distributor/fabricator of the standard Tallmadge street light luminaires. Funding is
provided by the CDBG Fund Account 215.21.5170.62795, which has $25,000
budgeted for Fiscal Year 2014.
For Action
Ald. Grover moved to recommend that City Council approval of sole source
purchase of 57 Induction lighting units from Elcast Lighting in the amount of
$24,645.09 for the Safer Neighborhood Area Project to increase wattage of the
Tallmadge street lights from 85 watt to 165 watt, seconded by Ald. Rainey.
Ald. Rainey noted that this is a sole source purchase because Elcast Lighting is the
only company that does fabrication of luminaires.
The Committee voted unanimously 3-0 to recommend approval of the
purchase.
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Page 3 of 6
(A3.3) Approval of Pitner Avenue/Dempster Street Sidewalk Project Contract
with Schroeder & Schroeder Inc. (Bid 14-54)
Staff recommends that City Council authorize the City Manager to execute a
contract for the Pitner Avenue/Dempster Street Sidewalk Project with Schroeder &
Schroeder Inc. (7306 Central Park Avenue, Skokie, IL) in the amount of $167,438.
Funding is provided by CDBG Funds $135,800 (215.21.5170.63030) and $31,638
(CIP Project 415864.65515).
For Action
Ald. Rainey moved to recommend that City Council authorize the City Manager
to execute a contract for the Pitner Avenue/Dempster Street Sidewalk Project
with Schroeder & Schroeder Inc. in the amount of $167,438, seconded by Ald.
Grover.
The Committee voted unanimously 3-0 to recommend approval of the contract.
(A4) Approval of Change Order #1 with A. Lamp Concrete Contractors for the
2014 CIP 3 Street Resurfacing Project (Bid 14-31)
Staff recommends that City Council authorize the City Manager to execute Change
Order #1 to the contract for 2014 CIP 3 Street Resurfacing Project with A. Lamp
Concrete Contractors (800 W. Irving Park Road, Schaumburg, IL) in the amount of
$345,156.70. This change order will expand the scope of contract to include street
resurfacing on six additional streets. Funding is provided by the 2014 CIP Street
Resurfacing Fund (415.26.4150.65515.415857).
For Action
Ald. Rainey moved to recommend that the City Council authorize the City
Manager to execute Change Order #1 to the contract for 2014 CIP 3 Street
Resurfacing Project with A. Lamp Concrete Contractors in the amount of
$345,156.70 to expand the scope of contract to include street resurfacing on
six additional streets, seconded by Ald. Grover.
The Committee voted unanimously 3-0 to recommend approval of the change
order.
(A5) Resolution 64-R-14 Endorsing the Application of Little Beans Café
Evanston LLC to the Cook County Assessor for Class 7a Status Designation
for Commercial Development of the Vacant Property Located at 430 Asbury
Avenue
Staff recommends adoption of Resolution 64-R-14. A resolution from the City of
Evanston in support of Little Beans Café Evanston LLC (“Little Beans”) application to
the Cook County Assessor is a required supplement to the Class 7a application.
For Action
Ald. Grover moved to recommend City Council adoption of Resolution 64-R-14
in support of Little Beans Café Evanston LLC (“Little Beans”) application to
the Cook County Assessor is a required supplement to the Class 7a
application, seconded by Ald. Rainey.
Rob Spengler and Shannon Valko, co-owners of Little Beans Café to be located at
430 Asbury Ave, explained that they applied for the Class 7a Status Designation to
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Page 4 of 6
meet the requirement to reduce the tax rate because the property is owned by CVS.
Little Beans is negotiating a sublease with CVS.
Ald. Rainey thanked Mr. Spengler and Ms. Valko for their perseverance in the
undertaking of this project. She noted that no one has been able to successfully
acquire this space is the past eight or nine years. The neighbors in the area are
thrilled about their occupancy.
Ms. Valko explained that the model of this business is a “play café” with play spaces
for kids 0-6 and 5-12, which they currently have a location in Lincoln Park. It is a full-
service family café with plans to serve coffee, pastries and ice cream. There will also
be a classroom, gym, party rooms and camp programs. There will be employment
opportunities for high school and college students. They are also planning to offer
discount cards for teachers.
Junad Rizki, 2784 Sheridan, commented that the City is giving away $1 million in
taxpayer money. He asked the committee to think about that given the expected
budget cuts this year.
Ald. Rainey explained that this particular property has been vacant and deteriorated
for years. The least the City can do is to support a high quality and successful
business model.
Ald. Grover noted that the City is supporting the required recommendation to the
Cook County Assessor’s office. It is the County’s decision to approve the application.
The Committee voted unanimously 3-0 to recommend adoption of the
resolution.
(A6) Resolution 58-R-14, Authorizing the City Manager to Negotiate a TIF
Redevelopment Agreement Regarding the Evanston Plaza Shopping Center
Staff recommends City Council adoption of Resolution 58-R-14, directing the City
Manager to restate the City’s original commitment stated in Resolution 54-R-12 and
authorizing the substitution of the party to negotiate with on the TIF Redevelopment
Agreement Regarding Evanston Plaza Shopping Center to be Azzurri of Evanston,
Inc. the contract purchaser for the real property located at 1900 Dempster. Funding
is provided by the Dempster/Dodge Tax Increment Financing (TIF) District. On
August 11, 2014, this resolution was held for the September 8, 2014 meeting.
For Action
Ald. Braithwaite moved to recommend City Council adoption of Resolution 58-
R-14, directing the City Manager to restate the City’s original commitment
stated in Resolution 54-R-12 and authorizing the substitution of the party to
negotiate with on the TIF Redevelopment Agreement Regarding Evanston
Plaza Shopping Center to be Azzurri of Evanston, Inc. the contract purchaser
for the real property located at 1900 Dempster, seconded by Ald. Rainey.
City Manager Bobkiewicz clarified that he is asking for a restatement of Resolution
54-R-12 authorizing the City to work with Azzurri of Evanston.
31 of 519
Administration and Public Works Committee Meeting
Minutes of 9-8-14
Page 5 of 6
Frank Grecco, Principal, explained that with the closing of the Dominick’s store Valli
Produce zoned in on Evanston because of its familiarity with the diversity and
density of the population. He explained that he and his brother-in-law Carmen
Presta, feel that Evanston fits with their model of being owner-operators. They have
four other locations where they own the property and operate the food store.
Brad Knab, Mehmert Store Services, discussed the concepts for improvement of the
existing location. The preliminary design presents an “Old World” feel to the exterior.
The interior of the store will change and expand by 11,000 sq. ft. by taking over
vacant commercial space along Dodge Ave. The existing tenants will be relocated to
the front of the store, which will increase access for customers. One main entry and
one main exit will be utilized.
Mr. Grecco added that Valli has a signed sublease with Safeway. They are
scheduled to close on the property on September 18, 2014.
Ald. Rainey noted that majority the closed Dominick stores that have been
purchased by new owners still look the same on the inside.
At Ald. Rainey’s inquiry, Frank Schwaub, Property Manager, explained that the
tenants located on the parking lot face will remain there. Customers will have better
access to the nail shop.
At Ald. Grover’s inquiry, Mr. Grecco confirmed the new store is scheduled to open
June 1, 2015.
Ald. Braithwaite thanked Valli Produce and City staff for all their efforts in negotiating
this agreement. Mr. Grecco noted that residents can visit the Hoffman Estates store
as it is the same footprint as the proposed location. A tour will be scheduled for
residents, business associations and staff to visit that location. He also agreed to
attend the 2nd Ward meeting to present the proposal and answer additional
questions.
At Ald. Holmes’ inquiry, Mr. Schwaub explained that it is premature to announce new
tenants until the property closing is complete.
Mr. Grecco noted that Valli’s opening will create between 100-200 new jobs
depending on the mix of full and part-time employees. He added that typical store
hours are 6am to 10pm, but can be adjusted to meet the needs of the neighborhood.
The Committee voted unanimously 4-0 to adopt the resolution.
IV. ITEMS FOR DISCUSSION
VI. COMMUNICATIONS
VII. ADJOURNMENT
Ald. Grover moved to adjourn, seconded by Ald. Braithwaite.
32 of 519
Administration and Public Works Committee Meeting
Minutes of 9-8-14
Page 6 of 6
The Committee voted unanimously 4-0 to adjourn. The meeting was
adjourned at 6:49p.m.
Respectfully submitted,
Janella Hardin
33 of 519
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: September 17, 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 – Aug. 25th, 2014 through Sept. 07th, 2014 $2,703,381.43
(Payroll includes employer portion of IMRF, FICA, and Medicare)
Bills List – Sept. 23, 2014 $2,601,855.09
General Fund Amount – Bills list $ 658,012.09
General Fund Amount – Supplemental list $ 4,579.18
General Fund Total: $ 662,591.27
TOTAL AMOUNT OF BILLS LIST & PAYROLL $5,305,236.52
*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.
Attachments: Bills List
For City Council meeting of September 22, 2014 Item A1/A2
Business of the City by Motion: City Payroll and Bills
For Action
Memorandum
34 of 519
CITY OF EVANSTON
BILLS LIST
PERIOD ENDING 09/23/2014
100 GENERAL FUND
21650 NATIONAL GUARDIAN LIFE INSURANCE MONTHLY INVOICE 339.39
22771 W S DARLEY & CO CFA PROGRAM 696.43
22771 W S DARLEY & CO PPE-BOOTS 1,721.30
22771 W S DARLEY & CO PPE-GLOVES 319.46
22771 W S DARLEY & CO PPE-HELMETS 3,362.36
41332 SUNRISE TREE SERVICE INC DUTCH ELM DISEASE CONTROL BID 14-15 203,746.12
100 GENERAL Total 210,185.06
1300 CITY COUNCIL
62456 ON TRACK FULFILLMENT INC.POST CARD PRINTING 437.81
1300 CITY COUNCIL Total 437.81
1505 CITY MANAGER
62205 TRAUTMANN, LYNN PHOTOS OF EVANSTON SUMMER CAMPS 500.00
62295 MORRISON ASSOC LTD PROFESSIONAL DEVELOPMENT FEE 1,100.00
62295 BONANDER, JEAN CITY COUNCIL GOAL SETTING/VISIONING WORKSHOP 3,964.48
62360 ROTARY INTERNATIONAL MEMBERSHIP FOR ROTARY OF EVANSTON 780.00
62360 STAR COMMUNITIES REPORTING, TRAINING AND SELF-ASSESSMENT TOOL 1,500.00
62490 LANGUAGE LINE TRANSLATION SERVICES 35.14
65095 OFFICE DEPOT SUPPLIES FOR INTERGOVERNMENTAL AFFAIRS 77.33
1505 CITY MANAGER Total 7,956.95
1510 PUBLIC INFORMATION
62205 ON TRACK FULFILLMENT INC.EVANSTON EVENT CARDS 135.00
62205 ON TRACK FULFILLMENT INC.VOLUNTEER POSTCARDS 115.00
1510 PUBLIC INFORMATION Total 250.00
1705 LEGAL ADMINISTRATION
52570 PORZELT, MARY FRANCES COMPLIANCE TICKET REFUND 50.00
52570 FISHER, JARED RYAN COMPLIANCE TICKET REFUND 35.00
52570 MCFARLAND, KEVIN COMPLIANCE TICKET REFUND 35.00
52570 FERNANDO DOMINGUEZ COMPLIANCE TICKET REFUND 35.00
62345 FEDERAL EXPRESS CORP.DELIVERY SERVICE 36.70
65010 WEST GROUP PAYMENT CTR ONLINE RESEARCH 103.68
1705 LEGAL ADMINISTRATION Total 295.38
1905 ADM.SERVICES- GENERAL SUPPORT
62615 MESIROW FINANCIAL INSURANCE PREMIUM 250.00
1905 ADM.SERVICES- GENERAL SUPPORT Total 250.00
1910 FINANCE DIVISION - REVENUE
51600 SCHWAIGER, JULIE LOT SPACE TERMINATION - LOT 32 12.00
62431 GARDA CASH LOGISTICS ARMORED CAR SERVICES 2,431.67
62431 GARDA CASH LOGISTICS ARMORED CAR SERVICES SEPTEMBER 2014 2,431.67
62449 DUNCANPARKING TECHNOLOGIES CITATION MANAGEMENT 24,280.85
65095 OFFICE DEPOT OFFICE SUPPLIES 331.42
1910 FINANCE DIVISION - REVENUE Total 29,487.61
1920 FINANCE DIVISION - ACCOUNTING
62185 ACCOUNTEMPS ACCOUNTING SERVICES 1,340.40
62185 ACCOUNTEMPS ACCOUNTING SERVICES 1,340.40
62185 ACCOUNTEMPS ACCOUNTING SERVICES 804.24
62185 ACCOUNTEMPS ACCOUNTING SERVICES 1,072.32
62185 ACCOUNTEMPS ACCOUNTS PAYABLE COORDINATOR 1,154.24
62185 ACCOUNTEMPS ACCOUNTS PAYABLE COORDINATOR 1,172.28
62185 ACCOUNTEMPS COLLECTIONS COORDINATOR 1,096.13
62185 ACCOUNTEMPS COLLECTIONS COORDINATOR 876.90
62280 FEDERAL EXPRESS CORP.SHIPPING 143.96
62360 SAM'S CLUB DIRECT *SERVICE FEE 50.00
65095 OFFICE DEPOT OFFICE SUPPLIES 94.34
1920 FINANCE DIVISION - ACCOUNTING Total 9,145.21
1929 HUMAN RESOURCE DIVISION
62274 TRANS UNION CORP BACKGROUND CHECK-POLICE 76.31
62295 NEW WORLD SYSTEMS TRAINING AND TRAVEL 1,295.00
62345 ILLINOIS FOP LABOR COUNCIL *PANEL FEE 25.00
62360 CASTELLON, CARMEN JULIA REIMBURSEMENT ASSE ANNUAL FEE 175.00
62509 EAP CONSULTANTS, INC.MONTHLY INVOICE-EMPLOYEE SERVICE 988.20
62630 SEDGWICK, INC.MONTHLY INVOICE-ADM FEES- 2ND QUARTER 200.00
62630 SEDGWICK, INC.MONTHLY INVOICE-UNEMPLOYMENT ADMIN FEE 1,400.00
65010 QUARTET COPIES PRINTING SERVICES 636.00
65095 DELL COMPUTER CORP.PC FOR HR 745.15
65095 OFFICE DEPOT OFFICE SUPPLIES 62.24
1929 HUMAN RESOURCE DIVISION Total 5,602.90
135 of 519
CITY OF EVANSTON
BILLS LIST
PERIOD ENDING 09/23/2014
1932 INFORMATION TECHNOLOGY DIVI.
62250 SENTINEL TECHNOLOGIES UPS BATTERY REPLACEMENT DATACENTER 2,947.00
62250 SMS SYSTEMS MAINTENANCE SERVICES COMPUTER HARDWARE MAINTENANCE 590.80
62295 JOSE L CALDERON REIMBURSEMENT CIO SUMMIT 226.70
62340 SOURCE DIRECT HARDWARE AND SOFTWARE MAINTENANCE 1,081.20
62380 CHICAGO OFFICE TECHNOLOGY GROUP COPIER CHARGES 3,718.54
64505 AT & T COMMUNICATION CHARGES 190.14
64505 CALL ONE COMMUNICATION CHARGES 16,946.12
65095 OFFICE DEPOT PRINTER TONER 3,780.52
65555 DELL COMPUTER CORP.2 LAPTOPS FOR REC 1,464.74
65555 DELL COMPUTER CORP.COMPUTER HARDWARE 729.58
65615 COMCAST CABLE COMMUNICATION CHARGES 7,655.26
65615 COMMUNICATION REVOLVING FUND COMMUNICATION CHARGES 583.33
1932 INFORMATION TECHNOLOGY DIVI. Total 39,913.93
1941 PARKING ENFORCEMENT & TICKETS
52505 NOGAFKA, JOHN CITATION OVERPAYMENT 700580785/700580783 70.00
52505 WALKER, BERNARD CITATION OVERPAYMENT 700585592 70.00
52505 NOFFKE, TODD CITATION 700588492 WAS PAID TWICE 35.00
62451 NORTH SHORE TOWING IMMOBILIZATION PROGRAM - JULY/AUG 2014 2,850.00
64005 COMED UTILITIES-AUGUST 58.95
1941 PARKING ENFORCEMENT & TICKETS Total 3,083.95
2105 PLANNING & ZONING
65095 DELL COMPUTER CORP.LAPTOP FOR COM.DEV. DEPT..695.25
65095 OFFICE DEPOT OFFICE SUPPLIES -29.53
2105 PLANNING & ZONING Total 665.72
2126 BUILDING INSPECTION SERVICES
62190 CLEAN CITY INNOVATIONS, LLC GRAFFITI REMOVAL 995.00
65095 OFFICE DEPOT OFFICE SUPPLIES 144.35
2126 BUILDING INSPECTION SERVICES Total 1,139.35
2205 POLICE ADMINISTRATION
62360 NELSON, KELLI VICTIM SERVICES ADVOCATE 1,942.68
62360 NORTHERN IL. POLICE ALARM SYSTEM LANGUAGE LINE 34.20
62360 HANSCOM, LILY YOUTH SERVICES ADVOCATE 1,861.39
62375 WEST GROUP PAYMENT CTR INFORMATION CHARGES 296.10
65125 EVANSTON FUNERAL & CREMATION REMOVAL SERVICES 1,562.00
68205 NATIONAL AWARD SERVICES RETIREMENT PLAQUES 55.00
2205 POLICE ADMINISTRATION Total 5,751.37
2210 PATROL OPERATIONS
65020 O'HERRON CO., INC., RAY UNIFORMS 442.93
65020 VCG UNIFORM UNIFORMS 952.25
2210 PATROL OPERATIONS Total 1,395.18
2225 SOCIAL SERVICES BUREAU
65125 FORWARD SPACE LLC D/B/A OFFICE OFFICE FURNITURE 257.44
2225 SOCIAL SERVICES BUREAU Total 257.44
2240 POLICE RECORDS
65095 MSF GRAPHICS, INC.ARREST FOLDERS 243.75
65095 MSF GRAPHICS, INC.DATA COLLECTION FORM 324.50
65095 MSF GRAPHICS, INC.PRINTING 753.00
65095 OFFICE DEPOT OFFICE SUPPLIES 170.49
2240 POLICE RECORDS Total 1,491.74
2250 SERVICE DESK
62425 COLLEY ELEVATOR CO.ELEVATOR INSPECTION-SEPTEMBER 181.00
2250 SERVICE DESK Total 181.00
2251 311 CENTER
64505 DELL COMPUTER CORP.2 LAPTOPS CMO 2,131.36
64505 CALL ONE WIRELESS HEADSETS 2,248.50
65095 FORWARD SPACE LLC D/B/A OFFICE CHAIRS-SERVICE DESK 1,138.40
2251 311 CENTER Total 5,518.26
2255 OFFICE-PROFESSIONAL STANDARDS
61055 NET TRANSCRIPTS, INC.TRANSCRIPTS 88.20
2255 OFFICE-PROFESSIONAL STANDARDS Total 88.20
2260 OFFICE OF ADMINISTRATION
62295 ALPHA GROUP TRAINING-INTEL ANALYSIS 1,050.00
62295 COOK COUNTY SHERIFF'S TRAINING INST. TRAINING-FITNESS SPECIALIST 591.66
236 of 519
CITY OF EVANSTON
BILLS LIST
PERIOD ENDING 09/23/2014
62295 EVANSTON ATHLETIC CLUB HEALTH CLUB USAGE-AUGUST 565.75
62295 SENGENBERGER, SCOTT MEALS-FBI STREET SURVIVAL CLASS 60.00
64565 COMCAST CABLE UTILITIES-AUGUST 48.46
2260 OFFICE OF ADMINISTRATION Total 2,315.87
2280 ANIMAL CONTROL
62225 ANDERSON PEST CONTROL PEST MANAGEMENT - SEPTEMBER 2014 52.76
65125 BETTER METHODS JANITORIAL SUPPLIES 421.15
65125 HILLS PET NUTRITION DOG & CAT FOOD 411.51
65125 MCCORMICK ANIMAL HOSPITAL VET SERVICES 2,076.85
65125 PETSMART ANIMAL SHELTER KITTY LITTER 51.73
2280 ANIMAL CONTROL Total 3,014.00
2305 FIRE MGT & SUPPORT
62270 HEALTH ENDEAVORS, S.C.ANNUAL EVALUATION 6,509.00
62270 HEALTH ENDEAVORS, S.C.DUTY FITNESS 100.00
62270 HEALTH ENDEAVORS, S.C.FITNESS EVALUATIONS 3,470.00
62270 HEALTH ENDEAVORS, S.C.MEDICAL EVALUATIONS 9,838.00
62270 HEALTH ENDEAVORS, S.C.MEMBER ,MEDICAL EVALUATIONS 8,645.00
62315 FEDERAL EXPRESS CORP.SHIPPING 58.64
64015 NICOR UTILITIES-AUGUST 129.31
65020 AIR ONE EQUIPMENT 1-TURNOUT GEAR 2,245.00
65020 EVANSTON IMPRINTABLES, INC.UNIFORMS 633.12
2305 FIRE MGT & SUPPORT Total 31,628.07
2310 FIRE PREVENTION
62250 ZOLL DATA SYSTEMS EMS PCR SUPPORT 550.00
65095 LEWIS PAPER OFFICE SUPPLIES 55.30
2310 FIRE PREVENTION Total 605.30
2315 FIRE SUPPRESSION
62295 MABAS DIVISION III FIREFIGHTER TRAINING 3,150.00
62295 SAM'S CLUB DIRECT *SUPPLIES 84.89
62295 ILLINOIS FIRE FIGHTER PEER SUPPORT FIREFIGHTER TRAINING 300.00
62295 NORTHEASTERN ILLINOIS PUBLIC SAFETY FIREFIGHTER TRAINING 1,315.00
62295 SEAN E. MALLOY REIMBURSEMENT FMS HOME STUDY COURSE 379.00
62295 VILLAGE OF ROMEOVILLE FIRE ACADEMY FIREFIGHTER TRAINING 325.00
62522 AIR ONE EQUIPMENT AIR QUALITY TEST 135.00
62522 AIR ONE EQUIPMENT COMPRESSOR SERVICE 631.00
62523 DJS SCUBA LOCKER, INC.DIVE GEAR MAINTENANCE 1,802.36
62523 DJS SCUBA LOCKER, INC.TOOL REPAIR 68.23
65015 PRAXAIR DISTRIBUTION INC MEDICAL OXYGEN 494.67
65040 SAM'S CLUB DIRECT *JANITORIAL SUPPLIES 152.09
65040 SAM'S CLUB DIRECT *SUPPLIES RETURNED -7.01
65040 SUPERIOR INDUSTRIAL SUPPLY JANITORIAL SUPPLIES 661.45
65040 STATE CHEMICAL MFG CO.JANITORIAL SUPPLIES 779.99
65075 EMERGENCY MEDICAL PRODUCT EMS SUPPLIES 50.52
65085 AIR ONE EQUIPMENT PART REPAIR 28.40
65090 AIR ONE EQUIPMENT COMPRESSOR REPAIR 306.82
65090 AIR ONE EQUIPMENT METER REPAIR 157.45
65095 OFFICE DEPOT OFFICE SUPPLIES 299.23
65625 MOORE MEDICAL LAERDAL DELUXE DIFFICULT AIRWAY TRAINER 1,917.67
65625 CHICAGO SOUND AND COMMUNICATION COMMUNICATION SERVICE 2,301.00
2315 FIRE SUPPRESSION Total 15,332.76
2407 HEALTH SERVICES ADMIN
65025 SAM'S CLUB DIRECT *FOOD FOR HEALTH SUMMIT 72.37
2407 HEALTH SERVICES ADMIN Total 72.37
2435 FOOD AND ENVIRONMENTAL HEALTH
62210 ALLEGRA PRINT & IMAGING ENVELOPES 445.00
62345 COOK COUNTY RECORDER OF DEEDS RECORDINGS 160.00
62477 DELL COMPUTER CORP.2 LAPTOPS FOR HEALTH 1,390.52
2435 FOOD AND ENVIRONMENTAL HEALTH Total 1,995.52
2440 VITAL RECORDS
62490 IL. DEPARTMENT OF PUBLIC HEALTH DEATH CERTIFICATES 1,392.00
2440 VITAL RECORDS Total 1,392.00
2610 MUNICIPAL SERVICE CENTER
64008 COMED UTILITIES-AUGUST 147.58
2610 MUNICIPAL SERVICE CENTER Total 147.58
2630 TRAFFIC ENGINEERING
52126 HEATHER CALLAN PERMIT REFUND 100.00
2630 TRAFFIC ENGINEERING Total 100.00
337 of 519
CITY OF EVANSTON
BILLS LIST
PERIOD ENDING 09/23/2014
2640 TRAF. SIG. & ST. LIGHT. MAINT
64006 COMED UTILITIES-AUGUST 199.48
64006 COMED UTILITIES-JULY 58.23
64007 COMED UTILITIES-AUGUST 77.83
64008 MC SQUARED ENERGY UTILITIES-AUGUST 143.31
65070 ELCAST LIGHTING STREET LIGHT FIXTURE REPAIR 1,512.00
2640 TRAF. SIG. & ST. LIGHT. MAINT Total 1,990.85
2655 PARKS & FORESTRY MAINT. & OPER.
65005 WEST CENTRAL MUNICIPAL CONFERENCE TREE PURCHASE AND PLANTING SERVICE 57,813.00
65090 CINTAS FIRST AID & SUPPLY FIRST AID SUPPLIES 127.00
2655 PARKS & FORESTRY MAINT. & OPER. Total 57,940.00
3020 REC GENERAL SUPPORT
62210 ACTION PRINTING FALL 2014 LIFE MAGAZINE PRINTING 15,036.03
62490 BENNISONS BAKERIES VENDOR LINK REIMBURSEMENT 122.00
62490 FROSTY PRODUCTION VENDOR LINK REIMBURSEMENT 117.00
62490 JON FIRST VENDOR LINK REIMBURSEMENT 693.00
62490 HENRY'S FARM VENDOR LINK REIMBURSEMENT 398.00
62490 HEARTLAND MEATS VENDOR LINK REIMBURSEMENT 35.00
62490 ED GAST VENDOR LINK REIMBURSEMENT 501.00
62490 ELKO'S PRODUCE AND GREENHOUSE VENDOR LINK REIMBURSEMENT 281.00
62490 BRUNKOW CHEESE VENDOR LINK REIMBURSEMENT 107.00
62490 GENEVA LAKES PRODUCE VENDOR LINK REIMBURSEMENT 149.00
62490 GENEVA LAKES PRODUCE VENDOR LINK REIMBURSEMENT 41.00
62490 FOODIE BITES INC VENDOR LINK REIMBURSEMENT 47.00
62490 CRUST & CRUMB VENDOR LINK REIMBURSEMENT 52.00
62513 QUARTET COPIES FLYER FOR COMMUNITY PICNIC 287.50
62513 GORDON FOOD SERVICE FOOD FOR COMMUNITY PICNIC 4,680.10
65125 DELL COMPUTER CORP.DESKTOP PC FOR BEACH 721.77
3020 REC GENERAL SUPPORT Total 23,268.40
3025 PARK UTILITIES
64005 COMED UTILITIES-AUGUST 3,478.21
64005 MC SQUARED ENERGY UTILITIES-AUGUST 85,162.75
64015 NICOR UTILITIES-AUGUST 26.79
3025 PARK UTILITIES Total 88,667.75
3030 CROWN COMMUNITY CENTER
62505 FONSECA MARTIAL ARTS MARTIAL ARTS TRAINING: PAYMENT ADJUSTMENT 933.60
62505 3 POINT ATHLETICS INSTRUCTION OF TBALL & HOOPS CAMP 6,929.62
62507 POSITIVE CONNECTIONS, INC.DAWES SCHOOL TO BRUNSWICK ZONE 121.00
62507 POSITIVE CONNECTIONS, INC.MINI CAMP FIELD TRIP TO ENCHANTED CASTLE 572.00
62507 POSITIVE CONNECTIONS, INC.PRESCHOOL TRIP TO EMILY OAKS NATURE CENTER 88.00
62507 POSITIVE CONNECTIONS, INC.ROBERT CROWN TO PUMP IT UP 110.00
62507 POSITIVE CONNECTIONS, INC.ROBERT CROWN TO SKOKIE WATER PARK 88.00
62507 POSITIVE CONNECTIONS, INC.SUMMER CAMP FIELD TRIP TO PARTY TIME PALACE 132.00
62507 POSITIVE CONNECTIONS, INC.SUMMER CAMP FIELD TRIP TO WATER WORKS 264.00
64005 COMED UTILITIES-AUGUST 785.88
64005 MC SQUARED ENERGY UTILITIES-AUGUST 10.75
65025 SAM'S CLUB DIRECT *CAMP PROGRAM SUPPLIES 208.03
65110 SAM'S CLUB DIRECT *CAMP PROGRAM SUPPLIES 371.12
3030 CROWN COMMUNITY CENTER Total 10,614.00
3035 CHANDLER COMMUNITY CENTER
62245 HENRICHSEN FIRE & SAFETY FIRE EXTINGUISHER REPLACEMENT 560.00
62245 SENTINEL TECHNOLOGIES WIRELESS AP FOR CHANDLER 563.70
62505 EVP ACADEMIES, LLC YOUTH VOLLEYBALL INSTRUCTION 1,764.00
62507 AMERICA'S ACTION TERRITORY ULTIMATE ADVENTURE CAMP FIELD TRIP 467.48
64005 MC SQUARED ENERGY UTILITIES-AUGUST 2,059.20
65025 SAM'S CLUB DIRECT *CAMP PROGRAM SUPPLIES 252.52
65095 ILLINOIS PAPER COMPANY OFFICE PAPER 120.30
3035 CHANDLER COMMUNITY CENTER Total 5,787.20
3040 FLEETWOOD JOURDAIN COM CT
62225 STA-KLEEN INC.OVEN & COOKING SURFACE CLEANING 719.00
62507 POSITIVE CONNECTIONS, INC.BUSES TO LINCOLN PARK ZOO 286.00
62507 POSITIVE CONNECTIONS, INC.BUSES TO SAFARILAND 352.00
62507 POSITIVE CONNECTIONS, INC.BUSES TO SKY HIGH SPORTS 264.00
62507 POSITIVE CONNECTIONS, INC.BUSES TO HOLLYWOOD PARK 759.00
62507 POSITIVE CONNECTIONS, INC.BUS TO HERSEY BAKE SHOPPE 242.00
62507 POSITIVE CONNECTIONS, INC.FIELD TRIP TO PEGGY NOTEBAERT MUSEUM 352.00
64005 MC SQUARED ENERGY UTILITIES-AUGUST 584.19
65025 SAM'S CLUB DIRECT *CAMP PROGRAM SUPPLIES 195.45
65025 SAM'S CLUB DIRECT *REFUND FOR TAXES -6.61
438 of 519
CITY OF EVANSTON
BILLS LIST
PERIOD ENDING 09/23/2014
65025 CATHOLIC CHARITIES OF CHICAGO CONGREGATE MEAL PROGRAM 523.20
65095 OFFICE DEPOT OFFICE SUPPLIES 60.74
65110 COMCAST CABLE CABLE SERVICES 102.48
65110 MITY-LITE INC.HEAVY DUTY BROWN CHAIRS 4,469.87
65110 CINTAS CORPORATION #769 CLEANING OF MATS 163.04
3040 FLEETWOOD JOURDAIN COM CT Total 9,066.36
3045 FLEETWOOD/JOURDAIN THEATER
62490 SJODIN, FRANK SET BUILDING MANAGEMENT FOR FJT 400.00
62511 JESSICA FORELLA STAGE MANAGER FOR FJT 900.00
65095 ILLINOIS PAPER COMPANY OFFICE PAPER 201.40
3045 FLEETWOOD/JOURDAIN THEATER Total 1,501.40
3050 RECREATION OUTREACH PROGRAM
62490 PAYNE, CHUBBY COORDINATION OF FLEETWOOD GARDEN 450.00
62515 COMCAST CABLE CABLE SERVICES 168.55
65025 OPEN KITCHENS 2104 SUMMER FOOD PROGRAM 14,412.90
65025 HOME CITY ICE COMPANY ICE FOR SUMMER FOOD PROGRAM 249.00
65040 LAPORT INC JANITORIAL SUPPLIES 289.88
3050 RECREATION OUTREACH PROGRAM Total 15,570.33
3055 LEVY CENTER SENIOR SERVICES
61062 KEVIN SPARKMON SECURITY DETAIL FOR PRIVATE EVENT 324.00
61062 KEVIN SPARKMON SECURITY DETAIL FOR PRIVATE EVENT 320.00
62495 ANDERSON PEST CONTROL MONTHLY PEST CONTROL SERVICES 44.94
62505 COMPUTER TRAINING & SUPPORT ONE ON ONE TRAINING 50.00
62505 KAUFMANN, ELLEN SIGN LANGUAGE INTERPRETER 100.00
62505 KAUFMANN, ELLEN SIGN LANGUAGE INTERPRETER 100.00
62505 MALGORZATA JANKIEWICZ INSTRUCTOR FOR BEADING CLASS 387.00
62509 CINTAS CORPORATION #769 MAT CLEANING SERVICE 140.70
62695 BEST TAXI TAXI COUPON REIMBURSEMENT 3,684.00
62695 METRO CABS 1 LLC TAXI COUPON REIMBURSEMENT 120.00
64005 MC SQUARED ENERGY UTILITIES-AUGUST 4,989.79
65025 SAM'S CLUB DIRECT *SUPPLIES 202.09
65025 CATHOLIC CHARITIES OF CHICAGO CONGREGATE MEAL PROGRAM 2,812.20
65050 SAM'S CLUB DIRECT *SUPPLIES 63.88
65095 DELL COMPUTER CORP.2 DESKTOPS FOR LEVY INCLUDING MONITORS 1,490.30
65095 OFFICE DEPOT OFFICE SUPPLIES 271.13
65095 CHEMCRAFT INDUSTRIES, INC.KAIVAC NO TOUCH CLEANING SYSTEM SUPPLIES 226.38
65110 DELL COMPUTER CORP.LAPTOP AND DOCKING STATION FOR A THOMPSON 895.34
65110 MOBILE MINI, INC.STORAGE POD FOR LEVY 111.58
3055 LEVY CENTER SENIOR SERVICES Total 16,333.33
3080 BEACHES
64005 MC SQUARED ENERGY UTILITIES-AUGUST 58.61
65040 LAPORT INC JANITORIAL SUPPLIES 887.81
65040 SUPERIOR INDUSTRIAL SUPPLY JANITORIAL SUPPLIES FOR LAKEFRONT RESTROOMS 603.32
65040 SUPERIOR INDUSTRIAL SUPPLY TOILET PAPER & SOAP FOR PARK RESTROOMS 885.45
65040 SUPERIOR INDUSTRIAL SUPPLY TOWELS FOR CLEANING PARK RESTROOMS 86.25
3080 BEACHES Total 2,521.44
3095 CROWN ICE RINK
62245 JORSON & CARLSON BLADE SHARPENING 65.73
62251 YOUR HOME PROJECTS STRIP AND WAX FLOOR 2,500.00
62490 EVANSTON TOWNSHIP HIGH SCHOOL SWIMMING POOL RENTAL 3,145.00
62495 ANDERSON PEST CONTROL MONTHLY PEST CONTROL 79.00
62495 ANDERSON PEST CONTROL PEST CONTROL SERVICES 79.00
62507 POSITIVE CONNECTIONS, INC.BUSES FROM ROBERT CROWN TO SAFARI LAND 572.00
62507 POSITIVE CONNECTIONS, INC.BUSES FROM ROBERT CROWN TO BRUNSWICK ZONE 220.00
62507 POSITIVE CONNECTIONS, INC.BUSES FROM ROBERT CROWN TO HIDDEN CREEK 440.00
62507 POSITIVE CONNECTIONS, INC.BUSES TO PUMP IT UP: SUMMER CAMP FIELD TRIP 176.00
62507 POSITIVE CONNECTIONS, INC.ROBERT CROWN TO BRUNSWICK ZONE 132.00
62507 POSITIVE CONNECTIONS, INC.ROBERT CROWN TO SKY HIGH 198.00
62507 POSITIVE CONNECTIONS, INC.SUMMER CAMP TO ODYSSEY FUN WORLD 550.00
62507 POSITIVE CONNECTIONS, INC.SUMMER CAMP FIELD TRIP TO ODYSSEY FUND WORLD 572.00
62507 POSITIVE CONNECTIONS, INC.SUMMER CAMP FIELD TRIP TO ORBIT SKATE CENTER 484.00
62507 POSITIVE CONNECTIONS, INC.SUMMER CAMP FIELD TRIP TO HIDDEN CREEK 858.00
62507 POSITIVE CONNECTIONS, INC.SUMMER CAMP FIELD TRIP TO BRUNSWICK ZONE 88.00
62507 POSITIVE CONNECTIONS, INC.SUMMER CAMP FIELD TRIP TO BRUNSWICK ZONE 264.00
62507 POSITIVE CONNECTIONS, INC.SUMMER CAMP FIELD TRIP TO MYSTIC WATER PARK 286.00
62507 POSITIVE CONNECTIONS, INC.SUMMER CAMP FIELD TRIP TO BRUNSWICK ZONE 242.00
62507 POSITIVE CONNECTIONS, INC.SUMMER CAMP TRIP TO MEDIEVEL TIMES 187.00
62507 BRUNSWICK ZONE NILES SUMMER CAMP FIELD TRIP 1,221.00
64005 COMED UTILITIES-AUGUST 2,357.65
64005 MC SQUARED ENERGY UTILITIES-AUGUST 32.24
65025 SAM'S CLUB DIRECT *CAMP PROGRAM SUPPLIES 306.90
539 of 519
CITY OF EVANSTON
BILLS LIST
PERIOD ENDING 09/23/2014
65080 COCA-COLA ENTERPRISES VENDING 433.44
65095 ILLINOIS PAPER COMPANY OFFICE COPY PAPER 225.60
65110 SAM'S CLUB DIRECT *CAMP PROGRAM SUPPLIES 53.82
3095 CROWN ICE RINK Total 15,768.38
3110 TENNIS
62505 E-TOWN TENNIS TENNIS INSTRUCTION 3,933.21
3110 TENNIS Total 3,933.21
3130 SPECIAL RECREATION
62507 POSITIVE CONNECTIONS, INC.CAMP REAL BUS TO HIDDEN CREEK WATER PARK 198.00
62507 POSITIVE CONNECTIONS, INC.CAMP REAL BUS TO LIGHTHOUSE BEACH 99.00
62507 POSITIVE CONNECTIONS, INC.CAMP REAL BUS TO SOLDIER FIELD 198.00
65025 SAM'S CLUB DIRECT *CAMP PROGRAM SUPPLIES 83.17
65110 SAM'S CLUB DIRECT *CAMP PROGRAM SUPPLIES 335.71
65110 SAM'S CLUB DIRECT *SUPPLIES 132.10
3130 SPECIAL RECREATION Total 1,045.98
3215 YOUTH ENGAGEMENT DIVISION
65025 SAM'S CLUB DIRECT *FOOD 576.07
3215 YOUTH ENGAGEMENT DIVISION Total 576.07
3605 ECOLOGY CENTER
62518 ALARM DETECTION SYSTEMS, INC.QUARTERLY CHARGES/ OCT - DEC 124.41
64005 MC SQUARED ENERGY UTILITIES-AUGUST 2,138.68
3605 ECOLOGY CENTER Total 2,263.09
3610 ECO-QUEST DAY CAMP
62507 WHEELING PARK DISTRICT ECO CAMP FIELD TRIP 890.00
62507 POSITIVE CONNECTIONS, INC.SUMMER CAMP FIELD TRIP TO LIGHTHOUSE BEACH 1,474.00
62507 POSITIVE CONNECTIONS, INC.SUMMER CAMP FIELD TRIP TO WHEELING WATER PARK 242.00
62507 POSITIVE CONNECTIONS, INC.SUMMER CAMP FIELD TRIP TO WHEELING WATER PARK 242.00
62507 POSITIVE CONNECTIONS, INC.SUMMER CAMP FIELD TRIP TO LIGHTHOUSE BEACH 44.00
3610 ECO-QUEST DAY CAMP Total 2,892.00
3700 NOYES CULTURAL ARTS CTR
62185 CASTILHO, ANDERSON CULTURAL FUND JUROR 75.00
62665 ACTOR'S GYMNASIUM CULTURAL FUND GRANT AWARDEE 600.00
62665 ART ENCOUNTER CULTURAL FUND GRANT AWARDEE 1,000.00
62665 EVANSTON ART CENTER CULTURAL FUND GRANT AWARDEE 1,000.00
62665 EVANSTON IN SCHOOL MUSIC ASSOC.CULTURAL FUND GRANT AWARDEE 800.00
62665 EVANSTON SYMPHONY ORCHESTRA CULTURAL FUND GRANT AWARDEE 1,000.00
62665 NEXT THEATRE COMPANY CULTURAL FUND GRANT AWARDEE 1,000.00
62665 OPEN STUDIO PROJECT CULTURAL FUND GRANT AWARDEE 1,000.00
62665 EVANSTON DANCE ENSEMBLE CULTURAL FUND GRANT AWARDEE 600.00
3700 NOYES CULTURAL ARTS CTR Total 7,075.00
3710 NOYES CULTURAL ARTS CENTER
62495 ANDERSON PEST CONTROL MONTHLY PEST CONTROL SERVICES 39.14
64005 COMED UTILITIES-AUGUST 772.20
64005 MC SQUARED ENERGY UTILITIES-AUGUST 5.10
3710 NOYES CULTURAL ARTS CENTER Total 816.44
3720 CULTURAL ARTS PROGRAMS
62210 ALLEGRA PRINT & IMAGING COROPLAST SIGNS FOR SUMMER FESTIVALS 990.00
62210 ALLEGRA PRINT & IMAGING POLE BANNERS FOR FESTIVALS 490.00
62210 ALLEGRA PRINT & IMAGING SUMMER EVENT POCKET CALENDARS 1,599.00
62210 ON TRACK FULFILLMENT INC.POSTERS FOR NOYES CULTURAL ARTS CENTER 140.00
62490 FARNUM, KATHRYN BEST IN CATEGORY WINNER LAKESHORE FESTIVAL 100.00
62507 POSITIVE CONNECTIONS, INC.ARTS CAMP FIELD TRIP TO CULTURAL CENTER 231.00
62511 BENHAM, AARON OPERA SINGER PERFORMANCE 75.00
62511 GOVERTSEN, DAVID OPERA PERFORMANCE 75.00
62511 TWADDELL, SOPHIA GUEST ARTIST MAGICAL WORLD CAMP 75.00
62511 MAGIC BY RANDY INC.STARLIGHT CONCERT PERFORMANCE 450.00
62511 GARZA, JAIME STARLIGHT CONCERT PERFORMANCE 1,000.00
62511 MAYA DINERSTEIN VIDEO PRODUCTION TEACHER 75.00
62515 HOUSE OF RENTAL TENTS & TABLES ETHNIC AND LAKESHORE FESTIVALS 1,204.75
62515 HOUSE OF RENTAL TENTS & TABLES ETHNIC AND LAKESHORE FESTIVALS 4,028.15
62515 SERVICE SANITATION INC TOILET RENTAL STARLIGHT CONCERTS 95.00
65095 OFFICE DEPOT OFFICE SUPPLIES 52.43
3720 CULTURAL ARTS PROGRAMS Total 10,680.33
100 GENERAL FUND Total 658,012.09
640 of 519
CITY OF EVANSTON
BILLS LIST
PERIOD ENDING 09/23/2014
175 GENERAL ASSISTANCE FUND
4605 GENERAL ASSISTANCE ADMIN
62380 XEROX CORPORATION COPIER CHARGES 732.74
62520 NJS ENTERPRISES, INC.*VISUAL GA.NET SOFTWARE SERVICE 4,000.00
4605 GENERAL ASSISTANCE ADMIN Total 4,732.74
175 GENERAL ASSISTANCE FUND Total 4,732.74
205 EMERGENCY TELEPHONE (E911) FUND
5150 EMERGENCY TELEPHONE SYSTEM
62509 IRON MOUNTAIN OSDP OFF-SITE DATA EXPENSES 410.88
62509 IRON MOUNTAIN OSDP STORAGE 353.60
62509 MOTOROLA SOLUTIONS, INC.POLICE SERVICE AGREEMENT RENEWAL 19,273.23
64505 AT & T COMMUNICATION CHARGES 6,428.56
64505 AT & T COMMUNICATION CHARGES 477.20
64540 VERIZON WIRELESS COMMUNICATION CHARGES 2,964.78
64540 VERIZON WIRELESS COMMUNICATION CHARGES 2,964.78
65095 HENRY SCHEIN / EASY DENTAL SUPPLIES 94.20
65625 CARRIER CORPORATION COMMUNICATION CHARGES 5,712.00
5150 EMERGENCY TELEPHONE SYSTEM Total 38,679.23
205 EMERGENCY TELEPHONE (E911) FUND Total 38,679.23
215 CDBG FUND
5220 CDBG ADMINISTRATION
62490 MULLIN & LONERGAN ASSOCIATES ANALYSIS OF IMPEDIMENTS TO FAIR HOUSING 429.00
65095 OFFICE DEPOT OFFICE SUPPLIES 28.86
5220 CDBG ADMINISTRATION Total 457.86
215 CDBG FUND Total 457.86
220 CDBG LOAN
5280 CD LOAN
62345 EQUIFAX CREDIT CREDIT CHECK 17.22
65535 CLAR ELECTRIC, INC.REHAB 1428 DOBSON CDBG 1,019.00
65535 RAM ARCHITECTS, INC.ARCHITECTURAL SERVICE 700.00
5280 CD LOAN Total 1,736.22
5285 MULTI FAM REHAB PROGRAM
62345 CHICAGO TITLE INSURANCE TITLE SERVICES 700.00
5285 MULTI FAM REHAB PROGRAM Total 700.00
220 CDBG LOAN FUND Total 2,436.22
225 ECONOMIC DEVELOPMENT FUND
5300 ECON. DEVELOPMENT FUND
65625 DELL COMPUTER CORP.DELL LAPTOP 1,353.60
5300 ECON. DEVELOPMENT FUND Total 1,353.60
225 ECONOMIC DEVELOPMENT FUND Total 1,353.60
240 HOME FUND
5430 HOME FUND
65535 CPA HOUSING HOME FUNDED PROJECT 1324 HARTREY AVE 10,155.50
65535 CPA HOUSING HOME FUNDED PROJECT 1409 DARROW AVE 46,067.00
5430 HOME FUND Total 56,222.50
240 HOME FUND Total 56,222.50
320 DEBT SERVICE FUND
5717 2014A G.O. BONDS
62716 MOODY'S INVESTORS SERVICE 2014A RATING AGENCY FEE 17,500.00
62716 WELLS FARGO BANK 2014A BONDS 1,250.00
62716 PUBLIC FINANCIAL MANAGEMENT, INC.2014 GO BOND ISSUANCE 17,500.00
5717 2014A G.O. BONDS Total 36,250.00
320 DEBT SERVICE FUND Total 36,250.00
741 of 519
CITY OF EVANSTON
BILLS LIST
PERIOD ENDING 09/23/2014
415 CAPITAL IMPROVEMENTS FUND
4150 CAPITAL PROJECTS
416455 62145 GSG MATERIAL TESTING GEOTECHNICAL EXPLORATION REPORT 8,400.00
416456 62280 FEDERAL EXPRESS CORP.SHIPPING 35.64
415414 65502 CLAUSS BROTHERS, INC.ARRINGTON LAKEFRONT LAGOON CONSTRUCTION 214,888.50
415414 65502 EFENGEE ELECTRIC LAGOON - SIGN LIGHTS 3,027.66
415414 65502 STEINER ELECTRIC CO.ARRINGTON LAKEFRONT LAGOON LIGHTING MATERIALS 5,434.08
415414 65502 STEINER ELECTRIC CO.ARRINGTON LAKEFRONT LAGOON LIGHTING MATERIALS 2,994.48
415568 65510 NEW FINISH ELECTROSTATIC REFINISHING ELECTROSTATIC LOCKER FINISHING AT FLEETWOOD 1,550.00
416458 65510 NEW FINISH ELECTROSTATIC REFINISHING ELECTROSTATIC LOCKER FINISHING AT FLEETWOOD 1,550.00
415864 65515 CIORBA GROUP, INC.SAFE ROUTES-CONSTRUCTION ENGINEERING 2,131.24
416447 65515 DELL COMPUTER CORP.COMPUTER HARDWARE 2,358.63
415885 65515 IL DEPT. OF TRANSPORTATION BRIDGE ST BRIDGE CONSTRUCTION 131,495.97
415942 65515 ESI CONSULTANTS, LTD EMERSON/RIDGE/GREENBAY PROJECT 21,763.48
415940 65515 HAMPTON, LENZINI AND RENWICK, INC.DEMPSTER SIGNAL PHASE I 9,504.39
415941 65515 HAMPTON, LENZINI AND RENWICK, INC.DEMPSTER ST MODERNIZATION 2,793.94
4150 CAPITAL PROJECTS Total 407,928.01
415 CAPITAL IMPROVEMENTS FUND Total 407,928.01
505 PARKING SYSTEM FUND
7005 PARKING SYSTEM MGT
53445 SCHWAIGER, JULIE LOT SPACE TERMINATION - LOT 32 38.00
62346 COOK COUNTY TREASURER 1231 CHICAGO AVENUE 5,719.83
62431 GARDA CASH LOGISTICS ARMORED CAR SERVICES 1,400.73
62431 GARDA CASH LOGISTICS ARMORED CAR SERVICES 1,400.73
65515 NEW WORLD SYSTEMS *FINANCIAL SYSTEM IMPLEMENTATION 35,235.00
65515 SCHAFER CONSULTING CONSULTING SERVICES 350.00
7005 PARKING SYSTEM MGT Total 44,144.29
7015 PARKING LOTS & METERS
62230 METRO DOOR AND DOCK, INC.DOOR SERVICE 593.75
62230 METRO DOOR AND DOCK, INC.LOWER PARKING GARAGE 500.00
64005 COMED UTILITIES-AUGUST 317.85
65070 PASSPORT PARKING, INC`MONTHLY MOBILE PAY FEE JUNE/JULY 2014 1,363.85
65070 IPS GROUP, INC.MONTHLY IPS METER TRANSACTION BILL 253.70
68205 DELL COMPUTER CORP.COMPUTER HARDWARE 1,054.18
7015 PARKING LOTS & METERS Total 4,083.33
7025 CHURCH STREET GARAGE
53515 KUSHNER, MAX ACCESS CARD REFUND 25.00
53515 GUENZL, JESSICA ACCESS CARD REFUND 25.00
53515 SPITULNIK, ADAM ACCESS CARD REFUND 25.00
53515 CHEN, HUI-LING ACCESS CARD REFUND 25.00
53515 MORETTE, TIMOTHY ACCESS CARD REFUND 25.00
53515 PU, EVAN ACCESS CARD REFUND 50.00
62400 CENTRAL PARKING SYSTEM OF ILLINOIS PARKING LOT MANAGEMENT 25,345.05
64005 MC SQUARED ENERGY UTILITIES-AUGUST 1,089.81
64505 CALL ONE COMMUNICATION CHARGES 2,331.16
65050 DELL COMPUTER CORP.DESKTOP PC FOR CHURCH GARAGE 817.94
7025 CHURCH STREET GARAGE Total 29,758.96
7036 SHERMAN GARAGE
53515 PRESCOUTER, INC.ACCESS CARD REFUND 25.00
53515 SIM PARTNERS, INC ACCESS CARD REFUND 25.00
53515 LOPEZ, SELINA ACCESS CARD REFUND 25.00
53515 FITZPATRICK, AMY ACCESS CARD REFUND 25.00
53515 LEE, MICHAEL ACCESS CARD REFUND 25.00
53515 COOPER, AMY ACCESS CARD REFUND 25.00
53515 DOSS, JASON ACCESS CARD REFUND 25.00
53515 OLANDER, GILBERT ACCESS CARD REFUND 25.00
53515 FRITZ, BRETT ACCESS CARD REFUND 25.00
53515 SCORIL, ROBIN ACCESS CARD REFUND 25.00
53515 HUBATA, KERY ACCESS CARD REFUND 25.00
53515 COYNE, SHAWN ACCESS CARD REFUND 25.00
53515 GAUSNELL, REBECCA ACCESS CARD REFUND 25.00
53515 CHMURA, MARK ACCESS CARD REFUND 25.00
53515 MECHAN, CYNTHIA ACCESS CARD REFUND 25.00
53515 ROBINSON, CHARLOTTE ACCESS CARD REFUND 25.00
53515 THOMPSON, BRENTON ACCESS CARD REFUND 25.00
53515 SCHWARCZ, ANDY ACCESS CARD REFUND 25.00
53515 ZAMPARDO, SARAH ACCESS CARD REFUND 25.00
53515 HUYSER, MATTHEW ACCESS CARD REFUND 25.00
53515 ROTH, MICHAEL ACCESS CARD REFUND 25.00
53515 DOEPKE, JENNIFER ACCESS CARD REFUND 25.00
842 of 519
CITY OF EVANSTON
BILLS LIST
PERIOD ENDING 09/23/2014
53515 SUHR-KIM, GRACE ACCESS CARD REFUND 25.00
53515 BRUHL, CINDY ACCESS CARD REFUND 25.00
53515 MARTIN, RICHARD ACCESS CARD REFUND 25.00
53515 ENBLING, CANDACE ACCESS CARD REFUND 25.00
53515 MILLER, BRANDON ACCESS CARD REFUND 25.00
53515 BAGBY, KATE ACCESS CARD REFUND 25.00
53515 SEAL, TIMOTHY ACCESS CARD REFUND 25.00
53515 KAVENSKY, MIA ACCESS CARD REFUND 25.00
53515 GOLDMAN, DANIEL ACCESS CARD REFUND 25.00
53515 GREMORE, TINA ACCESS CARD REFUND 25.00
53515 MCCARTHY, MARK ACCESS CARD REFUND 25.00
53515 HOLLYER, EMMETT ACCESS CARD REFUND 25.00
53515 FENTON, SCOTT ACCESS CARD REFUND 25.00
53515 PAVLIDIS, POLYKARPOS ACCESS CARD REFUND 25.00
53515 ROBINSON, GWENDA ACCESS CARD REFUND 25.00
53515 NOVICK, TOM ACCESS CARD REFUND 25.00
53515 GEHRING, ANNE ACCESS CARD REFUND 25.00
53515 ETHAN SUDMAN ACCESS CARD REFUND 25.00
62400 CENTRAL PARKING SYSTEM OF ILLINOIS PARKING LOT MANAGEMENT 57,450.38
62660 INLAND AMERICAN RETAIL MANAGEMENT MAINTENANCE 14,032.82
64005 MC SQUARED ENERGY UTILITIES-AUGUST 10,291.03
64505 AT & T COMMUNICATION CHARGES 136.95
64505 CALL ONE COMMUNICATION CHARGES 3,964.83
7036 SHERMAN GARAGE Total 86,876.01
7037 MAPLE GARAGE
53515 MUNDELEIN POLICE DEPARTMENT ACCESS CARD REFUND 25.00
53515 BALMES, SARA ACCESS CARD REFUND 25.00
53515 ALEXOFF, AIMEE ACCESS CARD REFUND 25.00
53515 WILKELHAKE, KEN ACCESS CARD REFUND 25.00
53515 RUIZ, ARMANDO ACCESS CARD REFUND 25.00
53515 MCGLYNN, MARTY ACCESS CARD REFUND 25.00
53515 PIDDE, KATHERINE ACCESS CARD REFUND 25.00
53515 RELAZ, JOSEPH ACCESS CARD REFUND 25.00
53515 REEDER, JEFF ACCESS CARD REFUND 25.00
53515 MILLER, ALEX ACCESS CARD REFUND 25.00
53515 COHN, EMILY ACCESS CARD REFUND 25.00
53515 FULTON, RICHARD ACCESS CARD REFUND 25.00
53515 KRULL, DAVID ACCESS CARD REFUND 25.00
53515 WEBBER, NORM ACCESS CARD REFUND 25.00
53515 BUDNY, BRIAN ACCESS CARD REFUND 25.00
53515 VILLAGE OF NORTHBROOK ACCESS CARD REFUND 25.00
53515 BENDER, THOMAS ACCESS CARD REFUND 25.00
53515 VILLAGE OF NILES ACCESS CARD REFUND 25.00
53515 SCHILLER PARK POLICE ACCESS CARD REFUND 25.00
53515 ANGUIANO, JUAN ACCESS CARD REFUND 25.00
53515 QUINN, MARGO ACCESS CARD REFUND 25.00
53515 KALLY, KATHLEEN ACCESS CARD REFUND 25.00
53515 FLOOD, ERIC ACCESS CARD REFUND 25.00
53515 HALVORSEN, ERNIE ACCESS CARD REFUND 25.00
53515 LAZAR, ELIZABETH ACCESS CARD REFUND 25.00
53515 SHINDELA, CAROL ANN ACCESS CARD REFUND 25.00
53515 KOROL, TATIANA ACCESS CARD REFUND 25.00
53515 ALTER, ANDREA ACCESS CARD REFUND 25.00
53515 HARDY, DOUGLAS H.ACCESS CARD REFUND 25.00
62400 CENTRAL PARKING SYSTEM OF ILLINOIS PARKING LOT MANAGEMENT 49,895.98
62509 TYCO INTEGRATED SECURITY LLC QUARTERLY FIRE ALARM MONITORING SERVICE FEE 165.00
64005 MC SQUARED ENERGY UTILITIES-AUGUST 2,184.04
64505 CALL ONE COMMUNICATION CHARGES 2,872.73
7037 MAPLE GARAGE Total 55,842.75
505 PARKING SYSTEM FUND Total 220,705.34
510 WATER FUND
510 GENERAL SUPPORT
22700 MABWA, NASUTSA WATER REFUND 1180660-02 68.94
22700 TONEY, BRIAN WATER REFUND 1130190-01 181.07
22700 THR PROPERTY ILLINOIS LP WATER REFUND 1150180-06 266.40
22700 STAPLES, JAMES WATER REFUND 2292520-00 168.70
22700 LANE, KENNARD & JENNIFER WATER REFUND 3393520-03 190.27
22700 KEITH, LESLIE WATER REFUND 3393520-03 92.52
22700 EVANSTON 30 LLC REALTY & MORTGAGE WATER REFUND 4443580-02 134.09
22700 G P CLEARY & S HANSON WATER REFUND 4451080-02 292.38
22700 LOOK PROPERTIES WATER REFUND 4485450-01 107.39
22700 J CHAMBLISS JR WATER REFUND 5510870-00 247.77
943 of 519
CITY OF EVANSTON
BILLS LIST
PERIOD ENDING 09/23/2014
22700 KAHN, GARY W ATER REFUND 5510880-05 197.57
22700 TRACY & ALBY GALLUN WATER REFUND 5511760-01 124.51
22700 DEVRIES WATER REFUND 5521650-01 94.99
22700 STEWARD, ANNA WATER REFUND 5532690-15 246.19
22700 PIERCE, BRENDA WATER REFUND 5540190-03 21.90
22700 XIACHAN WEN & LI CUI WATER REFUND 5540510-13 62.67
22700 KNIGHT, MILLICENT WATER REFUND 5541810-01 105.32
22700 HAMILTON, LANK WATER REFUND 5561400-00 375.00
22700 CERES ACQUISITION LLC WATER REFUND 5572070-07 35.52
22700 GEISLER , ELIEZER WATER REFUND 6620040-00 35.28
22700 SUHR, JAMES WATER REFUND 6661820-00 60.43
22700 MARTIN DEBOER C/O JOEL C LEVIN WATER REFUND 6681980-00 44.72
22700 GENEVIEVE & DAVID GURAN WATER REFUND 6692790-03 61.23
22700 STAPLES, JAMES WATER REFUND 2292520-00 252.16
22700 LUKE & HEATHER CHENEY WATER REFUND 6610490-03 281.90
22700 RAVI GURUJAL WATER REFUND 2240800-05 266.56
510 GENERAL SUPPORT Total 4,015.48
7100 WATER ADMIN. SUPPORT
56145 NPL CONSTRUCTION CO.FIRE HYDRANT DEPOSIT REFUND 300.00
56145 QUALITY EXCAVATION, INC.FIRE HYDRANT DEPOSIT REFUND 300.00
62295 NORTHEASTERN ILLINOIS PUBLIC SAFETY CONFINED SPACE ENTRY TRAINING 105.00
62315 FEDERAL EXPRESS CORP.SHIPPING 94.17
7100 WATER ADMIN. SUPPORT Total 799.17
7105 PUMPING
64005 MC SQUARED ENERGY UTILITIES-AUGUST 543.04
64505 CALL ONE COMMUNICATION CHARGES 404.49
65070 COMPUTER DRIVE, INC.HP LASERJET 3015DN FOR PUMPING 735.00
7105 PUMPING Total 1,682.53
7110 FILTRATION
62465 UNDERWRITERS LABORATORIES INC.2014 LABORATORY TESTING 1,150.00
65015 KEY CHEMICAL, INC.HYDROFLUOSILIC ACID (PER SPEC)11,795.31
7110 FILTRATION Total 12,945.31
7115 DISTRIBUTION
62210 ON TRACK FULFILLMENT INC.POSTAGE 75.00
62275 ON TRACK FULFILLMENT INC.POSTAGE 24.82
65055 NORTH SHORE TOWING TOW & HOOK 40.00
65055 G & M TRUCKING, INC.GRANULAR MATERIALS 2,756.41
7115 DISTRIBUTION Total 2,896.23
7120 WATER METER MAINTENANCE
64540 VERIZON WIRELESS COMMUNICATION CHARGES 126.83
7120 WATER METER MAINTENANCE Total 126.83
7130 WATER CAPITAL OUTLAY
65702 MIDWEST METER, INC.PERMALOG LEAK LOGGERS 6,830.00
7130 WATER CAPITAL OUTLAY Total 6,830.00
510 WATER FUND Total 29,295.55
513 WATER DEPT IMPRV & EXTENSION
7330 WATER FUND DEP, IMP, EXT
65515 GLENBROOK EXCAVATING & CONCRETE WATER SYSTEM IMPROVEMENT 219,822.30
65515 WATER RESOURCES AMI SYSTEM (13-04) - REMAINING AMOUNT 26,922.22
65515 HARRIS COMPUTER SYSTEMS AMI INTERFACE WITH NEPTUNE 5,670.00
65515 DAHME MECHANICAL INDUSTRIES, INC.CHLORINE FEED SYSTEM IMPROVEMENTS 9,800.00
7330 WATER FUND DEP, IMP, EXT Total 262,214.52
513 WATER DEPT IMPRV & EXTENSION FUND Total 262,214.52
515 SEWER FUND
7400 SEWER MAINTENANCE
65055 D & S SALES, INC.BUMPER CRANE 7,024.75
7400 SEWER MAINTENANCE Total 7,024.75
7410 SEWER OTHER OPERATIONS
62421 IL. ENVIRONMENTAL PROTECTION AGENCY 2014 ANNUAL NPDES PERMIT FEES 21,000.00
7410 SEWER OTHER OPERATIONS Total 21,000.00
1044 of 519
CITY OF EVANSTON
BILLS LIST
PERIOD ENDING 09/23/2014
7420 SEWER IMPROVEMENTS
65515 INSITUFORM TECHNOLOGIES 2014 CIPP SEWER REHAB CONTRACT A (14-12)144,180.72
7420 SEWER IMPROVEMENTS Total 144,180.72
515 SEWER FUND Total 172,205.47
520 SOLID WASTE FUND
7685 REFUSE COLLECT & DISPOSAL
65625 VERIZON WIRELESS COMMUNICATION CHARGES 84.24
65625 AT & T COMMUNICATION CHARGES 13.40
7685 REFUSE COLLECT & DISPOSAL Total 97.64
7690 RESIDENTIAL RECYCLING COL
64005 COMED UTILITIES-AUGUST 567.42
7690 RESIDENTIAL RECYCLING COL Total 567.42
520 SOLID WASTE FUND Total 665.06
600 FLEET SERVICES FUND
7705 GENERAL SUPPORT
64505 CALL ONE COMMUNICATION CHARGES 1,094.28
65095 OFFICE DEPOT OFFICE SUPPLIES 291.14
7705 GENERAL SUPPORT Total 1,385.42
7710 MAJOR MAINTENANCE
62240 STANDARD INDUSTRIAL & AUTOMOTIVE OIL TANK REPAIR 592.00
62355 CINTAS #22 WEEKLY UNIFORM SERVICE 441.24
62355 CINTAS CORPORATION #769 WEEKLY MAT SERVICES 546.84
65015 1ST AYD CORPORATION OIL & WATER ABSORBENT 470.30
65035 CITY WELDING SALES & SERVICE INC.WELDING PARTS 86.29
65035 WARREN'S SHELL SERVICE PREMIUM FUEL- MOTORCYCLES 648.10
65035 PALATINE OIL COMPANY, INC FUEL PURCHASE 23,516.08
65035 PALATINE OIL COMPANY, INC FUEL PURCHASES 21,724.21
65060 BUCK BROTHERS, INC.BEARINGS #435 238.30
65060 CUMBERLAND SERVICENTER #714 ENGINE REPAIRS 9,646.45
65060 CUMBERLAND SERVICENTER AIR TANK #704 131.67
65060 CUMBERLAND SERVICENTER SPEEDOMETER #722 538.60
65060 CUMBERLAND SERVICENTER VALVE TREADLE (BRAKE)463.74
65060 CUMBERLAND SERVICENTER WIPER KNOBS 30.32
65060 DOUGLAS TRUCK PARTS DIESEL FUEL ADDITIVES 150.00
65060 DOUGLAS TRUCK PARTS TOGGLE SWITCH 24.84
65060 EVANSTON CAR WASH & DETAIL CENTER CAR WASH 8.00
65060 GROVER WELDING COMPANY WELDING REPAIRS #598 1,124.20
65060 GROVER WELDING COMPANY WELDING REPAIRS #623 1,045.52
65060 HAVEY COMMUNICATIONS INC.EMERGENCY LIGHTING & SIRENS 322.62
65060 HAVEY COMMUNICATIONS INC.PROGRAMMABLE DEVICE TIMER 44.40
65060 HAVEY COMMUNICATIONS INC.RE-BUILD WHELEN ISP 90.92
65060 INTERSTATE BATTERY BATTERY PURCHASE #350 90.95
65060 INTERSTATE BATTERY BATTERY PURCHASES 616.28
65060 LEACH ENTERPRISES, INC.AIR DRYER VALVE 64.43
65060 LEACH ENTERPRISES, INC.CHAMBER 196.04
65060 LEACH ENTERPRISES, INC.HEADLAMP HALO 100.20
65060 LEACH ENTERPRISES, INC.STANDARD CAP NUT 7.60
65060 LEACH ENTERPRISES, INC.VALVE 27.59
65060 LEACH ENTERPRISES, INC.WHEEL STUD NUTS 22.80
65060 MCMASTER CARR TOGGLE SWITCH 51.76
65060 NORTH SHORE TOWING TOW BACK TO FLEET #350 101.00
65060 NORTH SHORE TOWING TOW TO RUSH TRUCK CENTER #578 525.00
65060 REGIONAL TRUCK EQUIPMENT COMPANY P/S TAIL LIGHT #258 54.27
65060 STANDARD EQUIPMENT COMPANY BEARING ASSY.35.76
65060 STANDARD EQUIPMENT COMPANY HEAD LIGHTS 258.08
65060 STANDARD EQUIPMENT COMPANY PACKER & CARRIER SPOOL KITS 1,312.55
65060 STANDARD EQUIPMENT COMPANY SENSORS 144.16
65060 STANDARD EQUIPMENT COMPANY SWEEPER DIRT SHOES 2,207.16
65060 STANDARD EQUIPMENT COMPANY TANK STRAINER 266.24
65060 STANDARD EQUIPMENT COMPANY WATER PUMP 809.59
65060 UNITED PARCEL SERVICE SHIPPING 18.07
65060 VERMEER MIDWEST CHIPPER FILTERS 618.83
65060 VERMEER MIDWEST PROXI SWITCH #566 274.40
65060 WHOLESALE DIRECT INC SEAL STROBE TUBES 910.92
65060 WHOLESALE DIRECT INC SINGLE BEACON 105.44
65060 WIRFS INDUSTRIES INC.#313 LADDER REPAIR 6,427.13
65060 WIRFS INDUSTRIES INC.FIRE APPARATUS INSPECTIONS & REPAIR 2,736.40
65060 ZARNOTH BRUSH WORKS, INC.SWEEPER REPLACEMENT BROOMS 2,434.00
1145 of 519
CITY OF EVANSTON
BILLS LIST
PERIOD ENDING 09/23/2014
65060 WEST SIDE EXCHANGE #609 TRACTOR REPAIRS 2,267.02
65060 WEST SIDE EXCHANGE SKYHOOK #953 177.93
65060 INLAND POWER GROUP OIL FILL CAP 27.86
65060 GLOBAL EMERGENCY PRODUCTS, INC.CHARGE FLANGE 71.94
65060 GLOBAL EMERGENCY PRODUCTS, INC.HARNESS ELEC WINDOW 281.42
65060 GLOBAL EMERGENCY PRODUCTS, INC.INSPECTION FOR THROTTLE ISSUE 338.63
65060 BILL'S AUTO & TRUCK REPAIR A/C COMPRESSORS 1,048.70
65060 BILL'S AUTO & TRUCK REPAIR A/C REPAIRS #451 1,220.75
65060 BILL'S AUTO & TRUCK REPAIR WHEEL CHAIR LIFT REPAIR #451 170.00
65060 BILL'S AUTO & TRUCK REPAIR WINDOW HANDLES 116.76
65060 FULL THROTTLE MARINE, INC.BOAT REPAIR 300.00
65060 FULL THROTTLE MARINE, INC.INJECTOR REPAIR #433 374.94
65060 FULL THROTTLE MARINE, INC.OUTSIDE REPAIR #431 300.00
65060 CARQUEST EVANSTON AIR FILTERS 76.32
65060 CARQUEST EVANSTON ALTERNATOR #350 209.03
65060 CARQUEST EVANSTON AUTOMOTIVE PARTS & ACCESSORIES 79.88
65060 CARQUEST EVANSTON BEARING 36.48
65060 CARQUEST EVANSTON BEARING #79 12.84
65060 CARQUEST EVANSTON BRAKE HARDWARE KIT 50.23
65060 CARQUEST EVANSTON BRAKE LINE UNION 18.70
65060 CARQUEST EVANSTON BRAKE MASTER CYLINDER -349.01
65060 CARQUEST EVANSTON CALIPER HARDWARE #20 7.38
65060 CARQUEST EVANSTON FILTERS 344.48
65060 CARQUEST EVANSTON HYDRAULIC FITTINGS 129.93
65060 CARQUEST EVANSTON HYDRAULIC HOSE GUARD 45.00
65060 CARQUEST EVANSTON HYDRAULIC O-RINGS 26.49
65060 CARQUEST EVANSTON MOTOR OIL CAPS 116.68
65060 CARQUEST EVANSTON OIL CAP #41 5.26
65060 CARQUEST EVANSTON OIL FILTERS 66.00
65060 CARQUEST EVANSTON RETURNED PARTS -147.62
65060 CARQUEST EVANSTON STARTER #350 181.19
65060 CARQUEST EVANSTON STARTER #504 268.43
65060 CARQUEST EVANSTON STARTER #576 210.95
65060 CARQUEST EVANSTON STD MINIATURE LAMP 12.31
65060 CARQUEST EVANSTON TIE DOWN 38.70
65060 GOLF MILL FORD 514 D/S MIRROR ASSY 125.23
65060 GOLF MILL FORD A/C TIME #46 152.68
65060 GOLF MILL FORD BEZEL #71 58.75
65060 GOLF MILL FORD BRAKE JOB #618 894.54
65060 GOLF MILL FORD BRAKE JOB #733 614.05
65060 GOLF MILL FORD CORE EXCHANGE #20 305.78
65060 GOLF MILL FORD FRONT AXLE REPAIR #618 492.58
65060 GOLF MILL FORD REAR TAIL LIGHT ASSY #763 78.95
65060 GOLF MILL FORD REPLACE CLUSTER #22 711.43
65060 GOLF MILL FORD RETURNED PARTS -352.22
65060 GOLF MILL FORD STARTER #526 383.40
65060 R.N.O.W., INC.STOP BUTTON 713 153.94
65060 ORLANDO AUTO TOP DOOR PANEL 60.00
65060 LKQ GREAT LAKES DBA LKQ STAR AXEL SHAFT #79 200.00
65060 LKQ GREAT LAKES DBA LKQ STAR REAR AXEL #79 575.00
65060 CHICAGO PARTS & SOUND, LLC BRAKE PADS 581.91
65060 CHICAGO PARTS & SOUND, LLC FILTERS 324.05
65060 ADVANCED PROCLEAN INC.POWER WASHING EQUIPMENT 748.70
65060 THE CHEVROLET EXCHANGE TRANS FLUSH W/ MOTOR MOUNT 376.54
65060 THE CHEVROLET EXCHANGE WESTERN MOUNT KIT #618 448.50
65060 RUSH TRUCK CENTERS OF ILLINOIS, INC BULBS #717 69.50
65060 RUSH TRUCK CENTERS OF ILLINOIS, INC EGR COOLER REPLACEMENT #578 2,920.89
65060 RUSH TRUCK CENTERS OF ILLINOIS, INC HOSES #717 47.02
65060 RUSH TRUCK CENTERS OF ILLINOIS, INC MULTIPLE REPAIRS #919 583.48
65060 RUSH TRUCK CENTERS OF ILLINOIS, INC SHIFTING PROBLEM #314 342.40
65060 MILLER HYDRAULIC SERVICE, INC.HYDRAULIC PUMP FOR TRUCK #704 2,005.42
65065 POMP'S TIRE SERVICE, INC.FD #311 TIRE REPLACEMENT 1,847.80
65065 POMP'S TIRE SERVICE, INC.TIRE REPAIR 144.17
65065 WENTWORTH TIRE SERVICE NEW TIRE PURCHASES 1,055.90
65065 WENTWORTH TIRE SERVICE TIRE REPAIR 701.00
65065 WENTWORTH TIRE SERVICE TIRE REPAIR #311 41.00
65085 AUTOMOTIVE RESOURCES INC.LIFT REPAIR SERVICE 199.27
65085 AUTOMOTIVE RESOURCES INC.LIFT SERVICE 998.00
65085 MCMASTER CARR STEEL DRILL BIT 211.45
65090 CINTAS FIRST AID & SUPPLY FIRST AID SUPPLIES 109.08
7710 MAJOR MAINTENANCE Total 108,647.08
600 FLEET SERVICES FUND Total 110,032.50
1246 of 519
CITY OF EVANSTON
BILLS LIST
PERIOD ENDING 09/23/2014
601 EQUIPMENT REPLACEMENT FUND
7780 VEHICLE REPLACEMENTS
65550 HAVEY COMMUNICATIONS INC.EMERGENCY LIGHTING & SIRENS 322.63
65550 HAVEY COMMUNICATIONS INC.PROGRAMMABLE DEVICE TIMER 44.40
65550 HAVEY COMMUNICATIONS INC.RE-BUILD WHELEN ISP 90.93
7780 VEHICLE REPLACEMENTS Total 457.96
601 EQUIPMENT REPLACEMENT FUND Total 457.96
605 INSURANCE FUND
7800 RISK MANAGEMENT
62266 CCMSI WORKER'S COMPENSATION TPA CHARGE 47,500.00
62295 CASTELLON, CARMEN JULIA REIMBURSEMENT SAFETY CONFERENCE 84.00
65125 CASTELLON, CARMEN JULIA REIMBURSEMENT PROTECTIVE EQUIPMENT 17.36
7800 RISK MANAGEMENT Total 47,601.36
7801 EMPLOYEE BENEFITS
57230 EDWIN J SEMON REFUND-OVERPAYMENT HEALTH INSURANCE 1,229.94
7801 EMPLOYEE BENEFITS Total 1,229.94
605 INSURANCE FUND Total 48,831.30
Grand Total 2,050,479.95
1347 of 519
CITY OF EVANSTON
BILLS LIST
PERIOD ENDING 09/23/2014
ACCOUNT NUMBER SUPPLIER NAME DESCRIPTION AMOUNT
SUPPLEMENTAL BILLS LIST ATTACHMENT
GENERAL
100.21705 VARIOUS RECTRAC REFUNDS 3,459.16
2315.53675 VARIOUS AMBULANCE REFUNDS 1,120.02
4,579.18
INSURANCE
VARIOUS VARIOUS WORKERS COMP 56,008.24
VARIOUS VARIOUS CASUALTY LOSS 98,824.93
154,833.17
SEWER
7555.68305 IEPA LOAN DISBURSEMENT SEWER FUND 171,173.91
7616.68305 IEPA LOAN DISBURSEMENT SEWER FUND 220,788.88
391,962.79
551,375.14
Grand Total 2,601,855.09
PREPARED BY DATE
APPROVED BY DATE
1448 of 519
Program
For City Council meeting of September 22, 2014 Item A3.1
Business of the City by Motion: 2014 Alley Paving Project Contract Award
For Action
To: Honorable Mayor and Members of the City Council
Administration & Public Works Committee
From: Suzette Robinson, Director of Public Works
Sat Nagar, P.E., Assistant Director of Engineering & Infrastructure
Subject: Contract award for 2014 Alley Paving Project (Bid 14-56)
Date: September 11, 2014
Recommended Action:
Staff recommends the City Council authorize the City Manager to execute a contract in
response to Bid 14-56, awarding the first of two contracts for the 2014 Alley Paving
Project to Schroeder & Schroeder, Inc. (7306 Central Park, Skokie, IL), in the amount of
$176,738 for the alley north of Leonard Place, and east of Wesley Avenue.
Funding Source:
Funding is provided by the Special Assessment Fund (6365.65515) in the amount of
$176,738. The Home Owner’s portion of the special cost is $88,369 which is collected
over a period of ten years.
Summary:
Alley paving projects are initiated by adjacent property owners as part of the Special
Assessment Alley Paving Program. All of the petitions contain signatures that represent
more than 51% of the abutting property owners. The alleys included in Bid 14-56
through the Special Assessment process follow.
• The alley north of Leonard Place, and east of Wesley Avenue.
• The alley north of Thayer Street and east of Marcy Avenue.
However, at this time staff are requesting authorization to proceed with one of the two
alleys, the alley north of Leonard Place, and east of Wesley Avenue. Staff plan to return
to Council on October 27, 2014 for authorization to proceed with the second alley, north
of Thayer Street and east of Marcy Avenue.
Memorandum
49 of 519
The topographic survey was done in fall of 2013, and the design of the alleys was
completed in January by the Engineering staff. A public hearing was conducted in May
to explain the project and obtain public comment. After the Ordinance was approved by
the City Council, the special assessment costs were filed in court and the project
approved. This City program is also administered under the auspices and accordance
of the Illinois Department of Transportation (IDOT) standards and procedures. The
construction inspection for these alleys is provided by City Engineering staff.
The proposed concrete alleys will be 8” thick and constructed with a drainage systems.
The drainage systems will consist of inlets and catch basins connected to the 10” storm
sewer installed underneath the alley. The newly installed drainage pipes are inspected
using CCTV before the construction of the concrete pavement.
The bid documents were prepared and sent to several potential bidders. The project
was bid in May and advertised in the Chicago Tribune. The project was also published
in the State Contractors Bulletin and on Demand Star. The bids were opened on
September 2, 2014.
Bids were submitted by Schroder & Schroeder (Skokie), A. Lamp Concrete Contractors
(Schaumburg) and Landmark Contractors, Inc. (Huntley). The bid results are correct
and in order. A copy of the bid tabulation is enclosed for your review.
Bids were submitted by:
CONTRACTOR
BID PRICE
Schroeder & Schroeder $439,358.00
A Lamp Concrete Contractor $482,863.50
Landmark Contractors $638,555.15
The engineer’s estimate for this project is $449,492. The engineers estimate is based
on last year’s prices considering price increases for the inflation.
The low bid responsive and responsible contractor, Schroeder & Schroeder Inc. is
satisfying 6.2% of the M/W/EBE goal of the City and requesting waiver for 18.8%. They
are satisfying their M/W/EBE goal partially by having Alzate, Inc. (MBE) and Advanced
Video Solutions Inc. (WBE Firm), as subcontractors. The M/W/EBE schedule and
supporting documentation has been reviewed and approved by the Purchasing Division
as indicated in the attached memo.
Schroeder & Schroeder Inc. has worked with the City before on similar projects and
completed work on time and within budget.
Attachments:
Bid Tab
Location Map
M/W/EBE Memo
50 of 519
CITY OF EVANSTONTABULATION OF BIDSFOR2014 PAVING OF VARIOUS ALLEYSPROJECT NO.: PW - AP - 1405DATE: 09 / 02 / 14TIME: 2:00 P. M.ATTENDED BY: PCAPPROVED ENGINEER'SESTIMATESPECIAL TOTAL COSTASSESSMENT LOCATIONFOR TOTAL COST FOR PROPOSAL TOTAL COST FOR PROPOSAL TOTAL COST FOR PROPOSALNUMBERPROPOSALS.A. 1511 ALLEY; NORTH OF LEONARD PLACE, EAST OF WESLEY AVENUE183,304.00$ 176,738.00$ 197,486.00$ 253,504.70$ S.A. 1512 ALLEY; NORTH OF THAYER STREET, EAST OF MARCY AVENUE266,188.00$ 262,620.00$ 285,377.50$ 385,050.45$ TOTAL BIDSAS READ449,492.00$ 439,358.50$ 482,863.50$ 638,555.15$ AS CORRECTED439,358.00$ 482,863.50$ 638,555.15$ NAME AND ADDRESS OF BIDDERSNAME AND ADDRESS OF BIDDERSNAME AND ADDRESS OF BIDDERSNAME AND ADDRESS OF BIDDERS11916 W. MAIN ST.HUNTLEY, IL 60142A. LAMP CONCRETE CONTRACTORS1900 WRIGHT BLVD.SCHAUMBURG, IL 60193LANDMARK CONTRACTORS, INC.SCHROEDER & SCHROEDER, INC.7306 CENTRAL PARKSKOKIE, IL 600769/10/201451 of 519
NORTH SHORE CHANNELNORTH SHORE CHANNELLAKEMICHIGANMcCORMICK BLVDSH
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CALLAN AVERIDGE TER
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GAFFIELD PLLINCOLNWOOD DRCRAWFORD AVELEONARD PLCENTRAL PARK AVEBENNETT AVEMADISON PL
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GREENLEAF STWALNUT AVEROSALIE ST
BURNHAM PL
WARREN STLIVINGSTON WASHINGTON ST
CLEVELAND ST
MONTICELLO PL
NATHANIEL PL
HARVARD TERWOODBINE AVEMAPLE AVEDOBSON STDEWEY AVEDARROW AVEDEWEY AVEINGLESIDE PL
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SOUTH BLVD ASHLAND AVESHERMAN AVELYONS ST
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HARTZELL ST
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ASHLAND AVEGROVE ST
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ASBURY AVEBARTON AVEGRANT ST BRYANT AVEJUDSON AVESHERMAN AVECOLFAX ST
ISABELLA ST
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MAIN ST
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CHANCELLOR ST CHANCELLORLIVINGSTON
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MULFORD ST
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McCORMICK BLVDFOSTER STGREENWOOD ST
CALLANPARK PL
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DARROW AVEASHLAND AVEHARRISON ST
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170035002600170018009001900900210023002100400380037002014 Alley Paving
9/12/2014
This map is provided "as is" without warranties of any kind. See www.cityofevanston.org/mapdisclaimers.html for more information.
AlleysCityWork2014.mxd
´
City of Evanston Department of Public Works
Alley Paving
Main Road
Local Street
Railroad
Water
City Boundary
0 0.5 10.25 Mile
52 of 519
To: Suzette Robinson, Director of Public Works
Sat Nagar, P.E., Assistant Director for Infrastructure & Engineering
From: Tammi Turner, Purchasing Manager
Subject: Contract award for 2014 Alley Paving Project, Bid 14-56
Date: September 22, 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 contract award for 2014 Alley Paving Project, Bid 14-56, in the
base bid amount of $176,738.00, the primary contractor Schroeder & Schroeder
has subcontracted the following:
Name of M/W/EBE Scope of Work Contract
Amount
% MBE EBE WBE
Alzate, Inc. Transport $ 10,800.00 6% X
Advanced Video
Solutions, Inc.
Video $ 400.00 .02% X
Total M/W/EBE $ 11,200.00 6.2%
Schroeder & Schroeder has requested a waiver for the remaining 18.8% MWEBE
participation goal. An 18.8% MWEBE waiver is granted. Schroeder & Schroeder will
receive credit for 6.2% M/W/EBE participation.
Cc: Marty Lyons, Assistant City Manager/CFO
Memorandum
2014 Alley Paving Project, Bid 14-56, M/W/EBE Memo 09.22.2014 53 of 519
To: Honorable Mayor and Members of the City Council
Administration and Public Works Committee
From: Suzette Robinson, Director of Public Works
Sat Nagar, P.E., Assistant Director of Engineering & Infrastructure
Stefanie Levine, PLA, Senior Project Manager
Subject: Recommendation for Professional Consulting Services for the Park
System Evaluation, RFP #14-53
Date: September 22, 2014
Recommendation
Staff recommends that City Council authorize the City Manager to execute a contract for
the Park System Evaluation, with The Lakota Group located at 212 West Kinzie Street,
Third Floor, Chicago, Illinois 60654 at a total cost of $244,144 which includes a 10%
contingency for potential field testing.
Funding Sources
Funding is provided by the FY2014 Capital Improvement Project #416457 with a budget
of $300,000.
Discussion
In 2001, the City completed a Parks Strategic Plan which included a detailed inventory
and evaluation of resources and improvement recommendations. Since the City
Council’s acceptance of that plan, the City has performed an extensive list of
improvements to its park system, touching upon approximately half of the City’s
properties. However, as a result of changing field conditions and evolving community
needs, re-evaluation of the park system, including the smaller field houses, is needed at
this time. This re-evaluation will provide staff with a framework for effective
programming and implementation of capital improvements over the coming decade.
This will include a formalized set of operations and maintenance procedures
documented in a manual as a part of the re-evaluation process. This manual will help
staff to best integrate available resources as well as relay daily operations to the larger
capital process.
Memorandum
For City Council meeting of September 22, 2014 Item A3.2
Business of the City by Motion: Park System Evaluation
For Action
54 of 519
Due to the project’s expansive scope and technical complexity, the work must be
performed by a professional consultant team with expertise in landscape architecture,
architecture, various engineering disciplines and park/facility operations. In order to
procure those services, staff issued Request for Proposal (RFP) #14-53 on July 24,
2014. On August 19, 2014, the Purchasing Department received proposals from three
professional consulting firms as noted below:
Consultant Address
The Lakota Group 212 West Kinzie Street Chicago, Illinois 60654
The Novak Consulting Group 1776 Mentor Avenue Cincinnati, Ohio 45212
Planning Resources Inc. 402 West Liberty Drive Wheaton, Illinois 60187
A committee was developed to review and evaluate the proposals consisting of the
following members: Linda Thomas/Purchasing, Joe McRae/Parks, Recreation &
Community Services, Bob Dorneker/Parks, Recreation & Community Services, Suzette
Robinson/Public Works, Sat Nagar/Public Works, Paul D’Agostino/Public Works,
Stefanie Levine/Public Works and Sean Ciolek/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 (25%)
2. Project Understanding (15%)
3. Price (30%)
4. Organization and Completeness of Proposal (10%)
5. Willingness to Execute the City of Evanston’s Standard Agreement (10%)
6. M/W/EBE Participation (10%)
Following the review of the above proposals, and choosing potential candidates, the
committee then interviewed the top two candidate firms (The Lakota Group and
Planning Resources Inc.). The Novak Consulting Group was not interviewed as their
proposal was considered to be non-responsive to the RFP’s identified scope of work.
After the interviews, the committee met again to discuss the two consultants, score the
short-listed firms, and decide which firm to recommend for the project award. A scoring
breakdown of the two interviewed firms is as follows:
Consultant Fee
Qualifications
& Expertise
(25)
Project
Understandin
g (15)
Price
(30)
Proposal
Organization and
Completeness
(10)
Contract
Agreement
(10)
Proposed
M/W/EBE
(10)
Total
(100)
The Lakota
Group $221,949 23 14 30 9 10 10 96
Planning
Resources,
Inc.
$298,145 20 11 22 8 8 10 79
The results strongly suggest that, The Lakota Group be awarded this work due to their
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scoring results, their significant previous experience with similar projects, demonstrated
understanding of the project, participation in meeting the City’s M/W/EBE goal and
positive feedback from references. Of all RFP respondents, the committee felt that The
Lakota Group demonstrated both a high degree of overall expertise relative to this
project and would provide the required services at the best overall value to the City. The
Lakota Group is in compliance with the City’s M/W/EBE participation goal (see attached
M/W/EBE memo for additional information).
Staff has reached out to references of The Lakota Group which have been favorable.
References from similar municipal organizations have indicated that The Lakota Group
provides excellent service, high quality deliverables and are ideally suited to complete
the services required for this project. The staff recommendation includes 10% of the
contingency of the proposal amount for field testing such as asbestos containing
material, lead based paint and roof composition analysis.
A breakdown of proposed funding for this project is as follows:
Item Amount
CIP Funding $300,000
Expenses / encumbrances to date $0
Recommended Award -$244,144
Remaining Balance $55,856
-------------------------------------------------------------------------------------
Attachments:
MWEBE Memo
RFP # 14-53
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To: Suzette Robinson, Director of Public Works
Sat Nagar, P.E., Assistant Director of Engineering & Infrastructure
Stefanie Levine, PLA, Senior Project Manager
From: Tammi Turner, Purchasing Manager
Subject: Professional Consulting Services for the Park System Evaluation,
RFP #14-53
Date: September 22, 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 Professional Consulting Services for the Park System
Evaluation, RFP #14-53, in the base amount of $221,949.00, the primary
contractor The Lakota Group, has subcontracted the following:
Name of M/W/EBE Scope of Work Contract
Amount
% MBE WBE EBE
Myefski Architects Design $ 81,850.00 37% X
HR Green Design $ 81,850.00 37% X
Total M/W/EBE $ 163,700.00 74%
The Lakota Group will receive credit for 74% M/W/EBE participation.
Cc: Marty Lyons, Assistant City Manager/CFO
Memorandum
Professional Consulting Services for the Park System Evaluation, RFP #14-53, M/W/EBE Memo, 09.22.2014 57 of 519
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REQUEST FOR PROPOSAL
NUMBER: 14-53
for
City of Evanston Park System Evaluation
PROPOSAL DEADLINE: 2:00 P.M., August 19, 2014,
Room 4200,
Lorraine H. Morton Civic Center,
2100 Ridge Avenue,
Evanston, Illinois 60201
MANDATORY
PRE-PROPOSAL MEETING: 3:00 P.M., July 31, 2014
Room 2402,
Lorraine H. Morton Civic Center
2100 Ridge Avenue
Evanston, Illinois 60201
SEALED PROPOSALS TO BE RETURNED TO:
CITY OF EVANSTON
PURCHASING DIVISION, ROOM 4200
LORRAINE H. MORTON CIVIC CENTER
2100 RIDGE AVENUE
EVANSTON, ILLINOIS 60201
PHONE (847)866-2935 * FAX (847)448-8128
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TABLE OF CONTENTS
Notice to Proposers ................................................................................................... 3
1.0 Introduction ...................................................................................................... 4
2.0 Scope of Services ........................................................................................... 5
3.0 Insurance ......................................................................................................... 7
4.0 Submittal Requirements .................................................................................. 7
5.0 Additional Submittal Requirements ................................................................. 8
6.0 M/W/EBE Goals .............................................................................................. 8
7.0 Evaluation Criteria ........................................................................................... 9
8.0 Selection Process ............................................................................................ 9
9.0 Proposed Schedule ......................................................................................... 10
10.0 Questions Regarding RFP ............................................................................... 10
11.0 General Terms and Conditions ........................................................................ 10
Cost Form ................................................................................................................. 15
Exhibit A – Disclosure of Ownership Interests ........................................................... 16
Exhibit B – Conflict of Interest Form .......................................................................... 19
Exhibit C – Acknowledgement of Understanding....................................................... 20
Exhibit D – Anti-Collusion Affidavit and Proposer’s Certification ............................... 21
Exhibit E – City of Evanston M/W/EBE Policy ........................................................... 22
Exhibit F – M/W/EBE Participation Compliance Form ............................................... 23
Exhibit G – M/W/EBE Participation Waiver Request ................................................. 24
Exhibit H – Construction Contractors Assistance Organizations ............................... 25
Exhibit I – Professional Services Agreement ............................................................. 26
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CITY OF EVANSTON
NOTICE TO PROPOSERS
Sealed proposals will be received by the Purchasing Office in Room 4200, Lorraine H. Morton
Civic Center, 2100 Ridge Avenue, Evanston, Illinois 60201, until 2:00 P.M. local time on
August 19, 2014. Proposals shall cover the following:
City of Evanston Park System Evaluation
RFP #14-53
The City of Evanston’s Department of Public Works is seeking proposals from experienced
firms to evaluate the City’s park system for capital investment and develop maintenance
requirements for daily operations.
There will be a mandatory pre-proposal meeting on July 31, 2014, at 3:00 p.m. in Room 2402
of the Lorraine H. Morton Civic Center, 2100 Ridge Avenue, Evanston, Illinois 60201. All firms
intending to submit a proposal for this project must attend to discuss the proposed work and
receive information related to the project.
The above item shall conform to the RFP on file in the Purchasing Office. The document,
including all necessary plans and specifications, will be available in the Purchasing Office
on July, 24, 2014. Parties interested in submitting a proposal should contact the Purchasing
Office to receive a copy of the proposal or see the City’s website at:
www.cityofevanston.org/business/bids-proposals/ or Demandstar at: www.demandstar.com.
The City (the City of Evanston) in accordance with the laws of the State of Illinois, hereby
notifies all firms that it will affirmatively ensure that the contract(s) entered into pursuant to this
notice will be awarded to the successful firm without discrimination on the grounds of race,
color, religion, sex, age, sexual orientation marital status, disability, familial status or national
origin. The City if Evanston reserves the right to reject any or all submittals or to accept the
submittal(s) deemed most advantageous to the City.
The Evanston City Council also reserves the right to award the contract to an Evanston firm if
that firm’s bid is within 5% of the low bid.
Each Proposer shall be required to submit with his/her proposal a Disclosure of Ownership
Interest Statement Form in accordance with Section 1-18-1 et seq. of the City Code. Failure to
submit such information may result in the disqualification of such proposal.
Linda Thomas
Purchasing Specialist
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CITY OF EVANSTON
Request for Proposal
1.0 INTRODUCTION
The City of Evanston is a general purpose municipal government located in Cook County,
Illinois. It is a home rule unit, as defined in the 1970 Illinois Constitution, and operates under
the Council/Manager form of government to provide for the health, safety and welfare of
Evanston residents. A mayor, elected city-wide, and nine alderman elected by Ward,
comprise the City Council. There are eleven operating departments that provide a full array
of services. The City has approximately 74,000 residents and a land area that covers 7.3
square miles.
The southern boundary of the City of Evanston borders the City of Chicago and is twelve
miles north of downtown Chicago. The City is home to Northwestern University and Garrett
Theological Seminary. In addition, the City is the home of two major teaching hospitals, St.
Francis Hospital and Evanston Hospital, many corporations, service institutions, large
national retailers and small entrepreneurial businesses.
For outdoor recreation, the City is comprised of a series of neighborhood and community
park properties which are distributed throughout the City. The City itself operates roughly 78
individual park properties covering approximately 270 acres. Additionally two small park
districts and the Cook County Forest Preserve own public park land within the City. The
Ridgeville Park District owns and operates a total of 10 individual properties covering 14
acres. The Lighthouse Park District owns 3 properties (maintained by the City) covering 3
acres. The Cook County Forest Preserve owns and operates one property covering 7 acres.
There are also a number of public elementary and middle schools (District 65) and one high
school (District 202), each with heavily utilized outdoor space. Park size ranges from larger
community parks such as James Park (45.59 acres) to small vest pocket parks such as
Monroe Tot Lot (0.04 acres) and includes ribbons of parks along the Lake Michigan
shoreline and the North Shore Channel.
In general, outdoor space in Evanston is at a premium, with ratios of parkland to residents
well short of national standards. Nearly half of the City operated parks are less than one
acre in size. In fact, James Park is the only park in Evanston which exceeds 20 acres. As a
result, the park system is intensively developed and heavily utilized by both residents and
visitors. Overall, the system boasts an extensive network of children’s playgrounds (51) but
is hampered by a limited number of athletic facilities and virtually no natural areas.
In 2001, the City completed a Parks Strategic Plan (web link available at
www.cityofevanston.org/parks_recreation/2001_Parks_Strategic_Plan_Part_One.pdf and
www.cityofevanston.org/assets/2001_Parks_Strategic_Plan_Part_Two.pdf ) which included
a detailed inventory and evaluation of resources and improvement recommendations. Since
the City Council’s acceptance of that plan, the City has performed an extensive list of
improvements to its park system, touching approximately half of the properties in some
fashion. As a result of the work performed over the past 13 years and evolving community
needs, the City is looking to reevaluate the park system to identify current conditions and
develop a new list of recommended improvements. Additionally, the City is interested in
evaluating its operation activities and developing an operations and maintenance manual for
future use.
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2.0 SCOPE OF SERVICES
General Scope
A Consultant will prepare a comprehensive Park System Evaluation and develop an
Operations and Maintenance Manual for the City of Evanston’s park system. For the
evaluation, the Consultants will systematically examine and document the physical
conditions of each City operated park property, including field houses, in order to gain a
clear understanding of site/building conditions and determine capital needs. Additionally, the
Consultant will compare Evanston’s park system to similar municipalities, explore and
recommend best practices and evaluate funding opportunities for capital needs. The
Consultant will also solicit input from the public through the use of a survey instrument,
public open house and presentations to City leadership in order to capture the community’s
perceptions and needs. For the operations manual, the Consultant will evaluate the City’s
current operation, explore and recommend best practices and prepare an Operations and
Maintenance Manual which provides maintenance requirements for each property and/or
field house.
To complete this project, the Consultants must have a strong background in landscape
architecture, architecture, engineering, park construction, facility/park operations and
maintenance and playground safety inspection, as well as solid communications and public
relations skills. The following are some, but not all the required tasks to complete the
project. Consultants are required to prepare and submit proposals that include all the
required tasks as envisioned by the Consultants for the completion of the project and as
outlined in this Request for Proposal.
Schedule
The Consultant will prepare a preliminary Project Implementation Schedule. The proposed
project schedule may be refined throughout the project. It is the City’s intend to complete
this project by December 31, 2014.
Study Area
The study area encompasses all City operated park properties (approximately 78 sites), all
improvements and amenities located on those sites and all small park field houses
(approximately 15 heated/enclosed buildings). Evaluation of the City’s recreation centers
(Robert Crown, Levy Center, Ecology Center, Chandler-Newberger Center, Fleetwood-
Jourdain Center, Noyes Cultural Arts Center and Evanston Arts Center) is not included in
the scope of work.
Project Meetings
The Consultant will meet with Public Works and Parks and Recreation staff for a project
initiation meeting to review the scope of services and project schedule. The Consultant will
meet with Public Works and Parks and Recreation staff throughout the duration of the
project as required to review progress and discuss work items.
Data Collection
The Consultant will determine the amount of data collection required for the project. Data
collection may include available as-built plans, GIS data, regional/national standards and
policies, previously conducted reports and studies, meetings with staff and/or other
information collected through the public engagement process.
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Site Investigations
The Consultant will conduct site visits and perform up-close inspections of each property
and field house in order to gain a thorough understanding of existing conditions. Work shall
include interviews with maintenance staff to understand each location’s operational
strengths and weaknesses. The investigation work shall document existing conditions of
each improvement system, compile a list of observations and recommendations for repair,
determine a proposed timeline for repair implementation and evaluate the feasibility and
cost of the recommendations. Conditions of each improvement system shall be rated on a
scale from very poor to excellent as determined by the Consultants based on current
condition, useful life, compliance with applicable standards and codes and capital
improvement priorities. The rating system shall be directly correlated to the repair
recommendations and suggested implementation schedule.
Public Engagement
The Consultant, working with the City, shall develop a survey instrument designed to solicit
input from the public regarding their perceptions of the existing park system and identify
unmet needs. The City shall issue the survey and collect the results utilizing online methods
and/or hardcopy distribution. The Consultant shall be provided with the data collected and
shall evaluate, analyze, distill and summarize the results.
The Consultant shall conduct an Open House with City staff and the Evanston community in
order to present the results and recommendations of the site investigations and survey. The
Consultant shall plan, manage and execute all event management aspects of the Open
House. The Consultant shall collect feedback from the public at the Open House and
summarize and utilize that information in the preparation of the deliverable reports.
The Consultant shall present the results of the site investigations and public engagement to
the Playground and Recreation Board for review and endorsement and to the Evanston City
Council for final approval. The Consultant shall address any issues or concerns brought
forth by either of these bodies and modify the final deliverables accordingly.
Operations and Maintenance Evaluation
The Consultant shall meet with City staff to thoroughly evaluate the existing operations and
maintenance policies, procedures, resources and scheduling. The Consultant shall
determine the current operation’s challenges and opportunities and identify methods for
improvement based on noted deficiencies, best practices and comparisons to similar
municipalities. The Consultant shall develop a set of recommendations to improve the
operation and review/discuss those recommendations with City staff for their input. Based
on the findings and discussions with City staff, the Consultant shall develop an Operations
and Maintenance Manual which is tailored to meet the needs of each park property and/or
field house aligned with available resources.
Project Deliverables
1. Park System Evaluation
Based on the review of collected data, field investigations, public engagement
process and meetings with City staff, the Consultant will prepare a Park System
Evaluation Report (Report). The Report will provide detailed examinations of each
City operated park property and field house by improvement system including
detailed ratings based on condition, useful life and compliance with applicable
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standards and codes. The Report will recommend repairs/replacements, determine
implementation timelines and provide detailed cost estimates for the proposed work.
The Report will summarize and provide recommendations based on the project’s
public engagement activities. The Report shall include research regarding potential
funding sources for future improvement projects. The Report will be furnished in both
hardcopy and electronic formats.
2. Operations and Maintenance Manual
Based on the review of operations and maintenance activities and discussions with
City staff, the Consultant will prepare an Operations and Maintenance Manual
(Manual). The Manual will provide clear direction to City staff regarding best practices
and policies for park and field house maintenance. The Manual will formalize and
identify a set of customized operations and maintenance requirements for each park
and/or field house within the City’s care. The Manual will be furnished in a format that
can be modified / edited by the City as needed to address operational adjustments
over time. The Manual will be furnished in both hardcopy and electronic formats.
3.0 INSURANCE
Consultant shall carry and maintain at its own cost with such companies as are reasonably
acceptable to City all necessary liability insurance (which shall include as a minimum the
requirements set forth below) during the term of this Agreement, for damages caused or
contributed to by Consultant, and insuring Consultant against claims which may arise out of
or result from Consultant’s performance or failure to perform the Services hereunder.
The consultant must provide an insurance certificate naming the City of Evanston as an
additional insured and will provide a variety of insurances including:
comprehensive general liability - $3,000,000 combined single limit for each
occurrence for bodily injury and property damage – designating the City as Additional
Insured
Workers Compensation - Statutory Limits
Automobile Liability - $1,000,000 per occurrence for all claims arising out of bodily
injuries or death and property damages.
errors and omissions or professional liability insurance - $1,000,000
The surety and the insurance company must have not less than an A+ rating from the Alfred
M. Best Co., Inc. and be approved by the City of Evanston.
Consultant’s certificate of insurance shall contain a provision that the coverage afforded
under the policy(s) will not be canceled or reduced without thirty (30) days prior written
notice (hand delivered or registered mail) to City.
4.0 SUBMITTAL REQUIREMENTS
Responses to this Request shall be in one volume. Any firm brochures and/or information
pertaining to the qualifications of the firm and/or team may be submitted, but must be
included in a single volume. Applicant firms must submit six (6) hardcopies, one (1)
unbound original and an electronic copy on a flash drive.
A. Cover Letter
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The cover letter will include the following:
introduction of firm signed by an authorized Principal of the firm
name of firm
address of firm
phone number of the firm submitting the proposal
include the name and signature of an authorized binding official who is
authorized to answer questions regarding the firm’s proposal
B. Project Approach
Respondents shall clearly articulate their proposed approach to this project. What
specific methodologies will be utilized? Are there any unique techniques that your
firm suggests? How will your team succeed in this endeavor?
C. Qualifications and Experience of Firm and/or Team
All respondents shall describe other contracts (at least 5, but no more than10)
similar in scope, size or discipline to the required services described herein,
performed or undertaken within the past five years.
The respondent must provide references, including name, address and
telephone number of a contact person for each project identified and
described.
Indicate commencement dates, duration and type of operation.
Provide a list of all Municipal clients in Illinois.
D. Project Manager(s)
Clearly identify the professional staff person(s) who would be assigned as your
Project Manager(s) and provide resumes. The proposal should indicate the abilities,
qualifications and experience of these individuals.
E. Fees
Provide a copy of your fees/prices on the attached cost form.
F. Contract
The City has attached its standard contract in Exhibit I (Professional Services
Agreement). Identify all exceptions to the agreement that would prevent your Firm
from executing it. The City shall not consider or negotiate regarding exceptions
submitted at any time after the submission of the Proposer’s response.
5.0 ADDITIONAL SUBMISSION REQUIREMENTS
N/A
6.0 M/W/EBE GOALS
The City has a goal of 25% of the contract amount for the participation and utilization of
Minority-Owned, Women-Owned, and Evanston-based businesses (M/W/EBEs) in
completing a portion of the services required by the City. All respondents must submit a
statement of the proposed involvement of M/W/EBEs in completing a portion of the required
services. Provide a copy of the certification for M/W/EBEs that will assist in achieving the
M/W/EBE goal with your submittal as well as the appropriate M/W/EBE forms or Request for
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Waiver. Any questions regarding M/W/EBE compliance should be submitted in writing to
Tammi Turner, Purchasing Manager at tturner@cityofevanston.org.
7.0 EVALUATION CRITERIA
The City will select the successful firm through an evaluation process based on the firm
meeting the specifications which are outlined in this RFP. A review committee will review in
detail all proposals that are received. During the evaluation process, the City may require a
Proposer’s representative to answer questions with regard to the proposal and/or make a
formal presentation to the review committee. The review committee will make a
recommendation to award the contract based on the criteria set forth below. This contract
will be forwarded to the City Council for final approval.
The evaluation criteria listed below will be used in the selection of the successful Proposer.
A. Qualifications and Expertise
B. Project Understanding
C. Price
D. Organization and Completeness of Proposal
E. Willingness to Execute the City of Evanston’s Professional Services Agreement
F. M/W/EBE Participation
8.0 SELECTION PROCESS
The City will select a firm on the basis of the responsiveness of the proposal to the RFP
submittal requirements, the evaluation criteria stated above and the demonstrated
willingness to execute an acceptable written contract. The City reserves the right to reject
any or all proposals, and to request written clarification of proposals and supporting
materials from the Proposer.
While it is the intent of the City to award a single firm, the City reserves the right to award in
part or in whole and to select multiple firms and/or individuals, depending on whichever
decision is deemed to be most advantageous to the City.
Responses may be rejected if the firm fails to perform any of the following:
A. Adhere to one or more of the provisions established in this Request for Proposal.
B. Demonstrate competence, experience, and the ability to provide the services
described in this Request for Proposal.
C. Submit a response on or before the deadline and complete all required forms.
D. To fulfill a request for an oral presentation.
E. To respond to a written request for additional information.
Discussions and/or interviews may be conducted with responsible firms that have submitted
proposals in order to clarify certain elements. All proposals shall be afforded fair and equal
treatment with respect to any opportunity for clarification. In conducting discussion, there
shall be no disclosure of information derived from proposals submitted by competing firms.
The selection shall be done by the City’s review committee and will be recommended to the
City Council for final approval.
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If the City is unable to reach any sort of agreement with the selected firm, the City will
discontinue negotiations with the selected firm and begin negotiations with the firm ranked
second and so on until agreement is reached.
The firm to be recommended to the City Council will be the one whose proposal is
determined to be the most advantageous to the City in consideration of price and all other
evaluation factors which are set forth in this Request for Proposal No other factors or criteria
not listed in this RFP shall be used in the evaluation.
9.0 PROPOSED SCHEDULE
The tentative schedule for this RFP and project process is as follows:
1. RFP issued .................................................................. July 24, 2014
2. Mandatory Pre-Proposal Conference .......................... July 31, 2014
3. Last Day to submit questions ....................................... August 7, 2014
4. Final Addendum Issued ............................................... August 13, 2014
5. RFP Submission Due Date .......................................... August 19, 2014
6. City Council Award of Contract .................................... September 22, 2014
7. Contract Effective ........................................................ September 29, 2014
10.0 QUESTIONS REGARDING RFP
All questions related to this RFP should be submitted in writing to Linda Thomas,
Purchasing Specialist at lithomas@cityofevanston.org with a copy to Stefanie Levine,
Senior Project Manager at slevine@cityofevanston.org.
11.0 GENERAL TERMS AND CONDITIONS
A. Confidentiality
In connection with this Agreement, City may provide Consultant with information to
enable Consultant to render the Services hereunder, or Consultant may develop
confidential information for City. Consultant agrees (i) to treat, and to obligate
Consultant’s employees to treat, as secret and confidential all such information
whether or not identified by City as confidential, (ii) not to disclose any such
information or make available any reports, recommendations and /or conclusions
which Consultant may make for City to any person, firm or corporation or use the
same in any manner whatsoever without first obtaining City’s written approval, and
(iii) not to disclose to City any information obtained by Consultant on a confidential
basis from any third party unless Consultant shall have first received written
permission from such third party to disclose such information.
Pursuant to the Illinois Freedom of Information Act, 5 ILCS 140/7(2), records in the
possession of others whom the City has contracted with to perform a governmental
function are covered by the Act and subject to disclosure within limited statutory
timeframes (five (5) working days with a possible five (5) working day extension).
Upon notification from the City that it has received a Freedom of Information Act
request that calls for records within the Consultant’s control, the Consultant shall
promptly provide all requested records to the City so that the City may comply with
the request within the required timeframe. The City and the Consultant shall
cooperate to determine what records are subject to such a request and whether or
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not any exemptions to the disclosure of such records, or part thereof, is applicable.
The Purchasing Specialist will endeavor to advise the firm of any request for the
disclosure of the material so marked with “TRADE SECRET”, “CONFIDENTIAL”, or
“PROPRIETARY”, and give the firm or other submitting party the opportunity to seek
a court order to protect such materials from disclosure. If the requested material was
submitted by a party other than the firm, then the firm shall be solely responsible for
notifying the submitting party of the request. The City’s sole responsibility is to notify
the firm of the request for disclosure, and the City shall not be liable for any damages
resulting out of such disclosure, whether such disclosure is deemed required by law,
by an order of court or administrative agency, or occurs through inadvertence,
mistake, negligence on the part of the City or its officers, or employees.
B. Withdrawal of Proposal
Proposals may be withdrawn prior to the submittal deadline. Withdrawal may be
attained by written request; however, no offer can be withdrawn within the ninety (90)
day period which occurs after the time is set for closing. Proposers who withdraw
their proposals prior to the designated date and time may still submit another
proposal if done in accordance with the proper time frame.
C. Exceptions to Specifications
Exceptions to these specifications shall be listed and explained on a separate page
titled “Exceptions to Specifications”, which shall be prepared by the Proposer. This
page shall then be attached to these documents and submitted at the same time as
the proposal. Each exception must refer to the page number and paragraph to which
it is relevant. The nature and reasoning of each exception shall be explained in its
entirety. Any exceptions to these specifications may be cause for rejection of the
proposal.
D. Hold Harmless
The contractor agrees to hold harmless the City of Evanston and all of its agents,
servants, and employees against any and all lawsuits, claims, demands, liabilities,
losses, and/or expenses; including court costs and attorneys’ fees on account of
injury to any person, or any death resulting from such injury, or any damage to
property which may have arisen from work specifically related to the contract and/or
project.
E. Addenda
Any and all changes to these documents are valid only if they are included via written
addendum to all respondents. Each respondent should acknowledge receipt of any
addenda by indicating same in their proposal submission. Each respondent
acknowledging receipt of any addenda is responsible for the contents of the addenda
and any changes to the proposal therein. Failure to acknowledge any addenda may
cause the proposal to be rejected. Addenda information is available over the internet
at www.demandstar.com, or by contacting the Purchasing Office, 847-866-2935.
F. Term
The contract is for 120 calendar days. The City may terminate a contract for either
cause or convenience.
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G. Non-Appropriation of Funds
The City of Evanston reserves the right to terminate in whole or in part f the contract
in the event that sufficient funds to complete the contract are not appropriated by The
City of Evanston’s City Council.
H. Property of the City
All discoveries and documents produced as a result of any service or project
undertaken on behalf of the City of Evanston shall become the property of the City.
I. Payment Terms
The consultant shall submit invoices detailing the services provided, project,
professional staff, and hours. Payment shall be made in accordance with the Local
Government Prompt Payment Act. Please note that failure to provide a detailed
invoice could result in delay of payment and include termination of any agreement.
J. Disclosures and Potential Conflicts of Interest
The City of Evanston’s Code of Ethics prohibits public officials or employees from
performing or participating in an official act or action with regard to a transaction in
which he has or knows he will thereafter acquire an interest for profit, without full
public disclosure of such interest. This disclosure requirement extends to the
spouse, children and grandchildren, and their spouses, parents and the parents of a
spouse, and brothers and sisters and their spouses.
To ensure full and fair consideration of all proposals, the City of Evanston requires all
Proposers including owners or employees to investigate whether a potential or actual
conflict of interest exists between the Proposer and the City of Evanston, its officials,
and/or employees. If the Proposer discovers a potential or actual conflict of interest,
the Proposer must disclose the conflict of interest in its proposal, identifying the name
of the City of Evanston official or employee with whom the conflict may exist, the
nature of the conflict of interest, and any other relevant information. The existence of
a potential or actual conflict of interest does NOT, on its own, disqualify the disclosing
Proposer from consideration. Information provided by Proposers in this regard will
allow the City of Evanston to take appropriate measures to ensure the fairness of the
proposal process.
The City requires all Proposers to submit a certification, enclosed with this RFP, that
the Proposer has conducted the appropriate investigation and disclosed all potential
or actual conflicts of interest.
K. Protests
Any actual or prospective Proposer, who is aggrieved in connection with the
solicitation or award of a contract, may protest to the Purchasing Office. The protest
shall be submitted in writing within ten (10) calendar days after such aggrieved
person knows or should have known of the facts giving rise thereto.
The Proposer shall submit any protests or claims regarding this solicitation to the
Purchasing Office.
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A pre-bid protest must be filed five (5) days before the bid opening or proposal
submittal.
A pre-award protest must be filed no later than ten (10) days after the bid opening
date or proposal deadline.
A post-award protest must be filed no later than ten (10) days after the award of the
Contract.
All claims by a Proposer against the City relating to a contract shall be submitted in
writing to the Purchasing Specialist. The City will only consider protests that are
properly and timely submitted.
All protests or claims must set forth the name and address of the protester, the
contract number, the grounds for the protest or claim, and the course of action that
the protesting party desires the Purchasing Specialist to take. Statements shall be
sworn and submitted under penalty of perjury.
L. Authority To Resolve Protests And Contract Claims
Protests: The Purchasing Specialist shall have the authority to consider and resolve a
protest of an aggrieved Proposer, actual or prospective, concerning the solicitation or
award of a contract. The City shall issue a written decision and that decision is final.
Contract Claims: The Purchasing Specialist, after consulting with Corporation
Counsel, shall have the authority to resolve contract claims, subject to the approval of
the City Manager or City Council, as applicable, regarding any settlement that will
result in a change order or contract modification.
Each Proposer, by submitting a response to this RFP, expressly recognizes the
limitations on its rights to protest provided in this Section and expressly waives all
other rights and remedies and agrees that the decision on the protest is final and
conclusive. If a Proposer disregards, disputes or does not follow the exclusive protest
remedies provided in this Section, it shall indemnify and hold the City and its officers,
employees, agents and consultants harmless from and against all liabilities, fees and
costs, including legal and consultant fees and costs, and damages incurred or
suffered as a result of such Proposer’s actions. Each Proposer, by submitting a
response to this RFP, shall be deemed to have irrevocably and unconditionally
agreed to this indemnity obligation.
M. Litigation
For purposes of this Section, the following terms are defined as follows:
“issue” means any prior or pending litigation or investigation, either civil or criminal, or
any governmental agency action or proceeding (the “issue”), which may affect the
performance of the services to be rendered herein. For purposes of this Section, an
“issue” shall also include any criminal, civil, or administrative penalty or finding
imposed against any covered individual. An issue occurring within seven (7) years of
the date preceding the date of the Proposer’s response shall be disclosed by the
Proposer.
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“covered individual” means any principal, president, managing partner, or vice -
president, affiliated in anyway with the Firm, and the Firm’s employees or
subcontractors.
All proposers shall identify and describe with particularity any issue. The City, and
not Proposer, has the sole discretion to determine whether an issue may affect the
performance of the services. Failure of any Proposer to comply with this
mandatory obligation shall, at the City’s sole discretion, result in the Proposer’s
response being deemed non-responsive and not responsible. Failure of any
Proposer to comply with the obligation specified herein may result in the voiding any
subsequent contract award to Proposer if the City discovers upon the exercise of its
customary due diligence that Proposer failed to comply with the mandatory obligation
in this Section. The City reserves all rights to take any other actions in the case of a
Proposer’s non-compliance with this Section.
N. Subcontractors
If any firm submitting a proposal intends on subcontracting out all or any portion of
the engagement, that fact, and the name of the proposed subcontracting firm(s) must
be clearly disclosed in the proposal. Following the award of the contract, no
additional subcontracting will be allowed without the prior written consent of the City
of Evanston.
O. Contact with City Personnel
All Proposers are prohibited from making any contact with the City Manager, City
Council, or any other official or employee of the City with regard to the Project, other
than in the manner and to the person(s) designated herein. The Purchasing
Specialist reserves the right to disqualify any Proposer found to have contacted City
Personnel in any manner with regard to the Project. Additionally, if it is determined
that the contact with City Personnel was in violation of any provision of 720 ILCS
5/33EE, the matter may be referred to the Cook County State’s Attorney for review
and prosecution.
P. Costs Incurred
The City of Evanston assumes no responsibility or liability for costs incurred by the
Proposer prior to the execution of a contract. This includes costs incurred by the
Proposer as a result of preparing a response to this RFP.
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RFP 14-53
COST FORM
Task Consultant / Subconsultant Cost
Project Initiation and Data Collection
$
$
$
$
$
Site Investigations
$
$
$
$
$
Public Engagement
$
$
$
$
$
Operations and Maintenance Evaluation
$
$
$
$
$
Deliverable Preparation
$
$
$
$
$
Subtotal $
Reimbursable Expenses $
Grand Total $
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Exhibit A
DISCLOSURE OF OWNERSHIP INTERESTS
The City of Evanston Code Section 1-18-1 et seq. requires all persons (APPLICANT) seeking
to do business with the City to provide the following information with their proposal. Every
question must be answered. If the question is not applicable, answer with "NA".
APPLICANT NAME: ______________________________________
APPLICANT ADDRESS: ______________________________________
TELEPHONE NUMBER: ______________________________________
FAX NUMBER: ______________________________________
APPLICANT is (Check One)
( ) Corporation
( ) Partnership
( ) Sole Owner
( ) Association
Other ( ) ________________________________________________________
Please answer the following questions on a separate attached sheet if necessary.
SECTION I - CORPORATION
1a. Names and addresses of all Officers and Directors of Corporation.
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
1b. (Answer only if corporation has 33 or more shareholders.)
Names and addresses of all those shareholders owning shares equal to or in excess of
3% of the proportionate ownership interest and the percentage of shareholder interest.
(Note: Corporations which submit S.E.C. form 10K may substitute that statement for the
material required herein.)
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
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1c. (Answer only if corporation has fewer than 33 shareholders.)
Names and addresses of all shareholders and percentage of interest of each herein.
(Note: Corporations which submit S.E.C. form 10K may substitute that statement for the
material requested herein.)
______________________________________________________________________
______________________________________________________________________
______________________________________________________________________
SECTION 2 - PARTNERSHIP/ASSOCIATION/JOINT VENTURE
2a. The name, address, and percentage of interest of each partner whose interests therein,
whether limited or general, is equal to or in excess of 3%.
______________________________________________________________________
______________________________________________________________________
______________________________________________________________________
2b. Associations: The name and address of all officers, directors, and other members with
3% or greater interest.
______________________________________________________________________
______________________________________________________________________
______________________________________________________________________
SECTION 3 - TRUSTS
3a. Trust number and institution.
______________________________________________________________________
3b. Name and address of trustee or estate administrator.
______________________________________________________________________
______________________________________________________________________
3c. Trust or estate beneficiaries: Name, address, and percentage of interest in total entity.
______________________________________________________________________
______________________________________________________________________
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SECTION 4 - ALL APPLICANTS - ADDITIONAL DISCLOSURE
4a. Specify which, if any, interests disclosed in Section 1, 2, or 3 are being held by an agent
or nominee, and give the name and address of principal.
______________________________________________________________________
______________________________________________________________________
______________________________________________________________________
4b. If any interest named in Section 1,2, or 3 is being held by a "holding" corporation or
other "holding" entity not an individual, state the names and addresses of all parties
holding more than a 3% interest in that "holding" corporation or entity as required in
1(a), 1(b), 1(c), 2(a), and 2(b).
______________________________________________________________________
______________________________________________________________________
______________________________________________________________________
4c. If "constructive control" of any interest named in Sections 1,2, 3, or 4 is held by another
party, give name and address of party with constructive control. ("Constructive control"
refers to control established through voting trusts, proxies, or special terms of venture of
partnership agreements.)
______________________________________________________________________
______________________________________________________________________
______________________________________________________________________
I have not withheld disclosure of any interest known to me. Information provided is accurate
and current.
______________________ ______________________________________
Date Signature of Person Preparing Statement
______________________________________
Title
ATTEST: ____________________________
Notary Public
(Notary Seal)
Commission Expires: _____________________
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Exhibit B
CONFLICT OF INTEREST FORM
___________________________________________________, hereby certifies that it has
conducted an investigation into whether an actual or potential conflict of interest exists
between the bidder, its owners and employees and any official or employee of the City of
Evanston.
Proposer further certifies that it has disclosed any such actual or potential conflict of interest
and acknowledges if bidder/Proposer has not disclosed any actual or potential conflict of
interest, the City of Evanston may disqualify the bid/proposal.
______________________________________________________________________
(Name of Bidder/Proposer if the Bidder/Proposer is an Individual)
(Name of Partner if the Bidder/Proposer is a Partnership)
(Name of Officer if the Bidder/Proposer is a Corporation)
The above statements must be subscribed and sworn to before a notary public. Subscribed
and Sworn to this _____ day of ______________, 2014.
Notary Public
Failure to complete and return this form may be considered sufficient reason for rejection of
the bid / proposal.
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Exhibit C
ACKNOWLEDGEMENT OF UNDERSTANDING
THE SECTION BELOW MUST BE COMPLETED IN FULL AND SIGNED
The undersigned hereby certifies that they have read and understand the contents of
this solicitation and attached service agreements, and agree to furnish at the prices
shown any or all of the items above, subject to al l instructions, conditions, specifications
and attachments hereto. Failure to have read all the provisions of this solicitation shall
not be cause to alter any resulting contract or to accept any request for additional
compensation. By signing this document, the Proposer hereby certifies that they are
not barred from bidding on this contract as a result of bid rigging or bid rotating or any
similar offense (720 ILCS S/33E-3, 33E-4).
Authorized
Signature:
Company
Name:
Typed/Printed
Name:
Date:
Title:
Telephone
Number:
Email:
Fax
Number:
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Exhibit D
ANTI-COLLUSION AFFIDAVIT AND PROPOSER’S CERTIFICATION
______________________________________, being first duly sworn,
deposes and says that he is ________________________________________
(Partner, Officer, Owner, Etc.)
of ________________________________
(Proposer)
The party making the foregoing proposal or bid, that such bid is genuine and not collusive,
or sham; that said bidder has not colluded, conspired, connived or agreed, directly or
indirectly, with any bidder or person, to put in a sham bid or to refrain from bidding, and has
not in any manner, directly or indirectly, sought by agreement or collusion, or
communication or conference with any person; to fix the bid price element of said bid, or of
that of any other bidder, or to secure any advantage against any other bidder or any person
interested in the proposed contract.
The undersigned certifies that he is not barred from bidding on this contract as a result of a
conviction for the violation of State laws prohibiting bid-rigging or bid-rotating.
(Name of Bidder if the Bidder is an Individual)
(Name of Partner if the Bidder is a Partnership)
(Name of Officer if the Bidder is a Corporation)
The above statements must be subscribed a sworn to before a notary public.
Subscribed and Sworn to this ________ day of _____________________, 2014
__________________________________________
Notary Public
Commission Expires: ________________________
Failure to complete and return this form may be considered sufficient reason for rejection of
the bid.
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EXHIBIT E
City of Evanston M/W/EBE Policy
A City of Evanston goal is to provide contracting and subcontracting opportunities to
Minority Business Enterprises, Women Business Enterprises, and Evanston Business
Enterprises. The goal of the Minority, Women and Evanston Business Enterprise Program
(M/W/EBE) is to assist such businesses with opportunities to grow. To assist such growth,
the City’s goal is to have general contractors utilize M/W/EBEs to perform no less than 25%
of the awarded contract.
Firms bidding on projects with the City must work to meet the 25% goal or to request a
waiver from participation. It is advised that bidders place advertisements requesting
subcontractors and that they email or contact individual firms that would be appropriate to
partner in response to the project. For samples of possible advertisements, see the City of
Evanston’s Business Diversity Section: http://www.cityofevanston.org/ business/business-
diversity/. If you request a paper copy of the additional documents, it will be available free
of charge from the Purchasing Office, 2100 Ridge Road Suite 4200, Evanston, IL 60201.
If a bidder is unable to meet the required M/W/EBE goal, the Bidder must seek a waiver or
modification of the goal on the attached forms. Bidder must include:
1. A narrative describing the Bidder’s efforts to secure M/W/EBE participation prior
to the bid opening.
2. Documentation of each of the assist agencies that were contacted, the date and
individual who was contacted, and the result of the conversation (see form)
3. A letter attesting to instances where the bidder has not received
inquiries/proposals from qualified M/W/EBEs
4. Names of owners, addresses, telephone numbers, date and time and method of
contact of qualified M/W/EBE who submitted a proposal but were not found
acceptable.
5. Names of owners, addresses, telephone numbers, date and time of contact of at
least 15 qualified M/W/EBEs the bidder solicited for proposals for work directly
related to the Bid prior to the bid opening (copies must be attached).
If a bidder is selected with a Subcontractor listed to mee t the M/W/EBE goal, a “monthly
utilization report” will be due to the City prior to each payment being issued to the
Contractor. This report will include documentation of the name of the firm hired, the type of
work that firm performed, etc. Should the M/W/EBE not be paid according to the schedule
proposed in this document, the City reserves the right to cancel the contract. Examples of
this monthly form can be found on the City’s website:
http://www.cityofevanston.org/business/business-diversity/.
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Exhibit F
M/W/EBE PARTICIPATION COMPLIANCE FORM
I do hereby certify that
_________________________________________________ (Name of firm) intends to
participate as a Subcontractor or General Contractor on the project referenced above.
This firm is a (check only one):
______ Minority Business Enterprise (MBE), a firm that is at least 51% managed and
controlled by a minority, certified by a certifying agency within Illinois.
______ Women’s Business Enterprise (WBE), a firm that is at least 51% managed and
controlled by a woman, certified by a certifying agency within Illinois.
______ Evanston Based Enterprise (EBE), a firm located in Evanston for a minimum
of one year and which performs a “commercially useful function”.
Total proposed price of response $_____________________
Amount to be performed by a M/W/EBE $_____________________
Percentage of work to be performed by a M/W/EBE _____________________%
Information on the M/W/EBE Utilized:
Name __________________________________________________________
Address ____________________________________________________
Phone Number
Signature of firm attesting to participation ____________________________
Title and Date ____________________________________________________
Please attach
1. Proper certification documentation if applying as a M/WBE and check the appropriate
box below. This M/WBE will be applying with documentation from:
Cook County
City of Chicago
State certification
Federal certification
2. Attach business license if applying as an EBE
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Exhibit G
M/W/EBE PARTICIPATION WAIVER REQUEST
I am of , and I have authority to (Title) (Name of Firm)
execute this certification on behalf of the firm. I do (Name)
hereby certify that this firm seeks to waive all or part of this M/W/EBE partcipation goal
for the following reason(s):
(CHECK ALL THAT APPLY. SPECIFIC SUPPORTING DOCUMENTATION MUST BE
ATTACHED.)
______ 1. No M/W/EBEs responded to our invitation to bid.
______ 2. An insufficient number of firms responded to our invitation to bid.
For #1 & 2, please provide a narrative describing the outreach efforts
from your firm and proof of contacting at least 15 qualified M/W/EBEs
prior to the bid opening. Also, please attach the accompanying form
with notes regarding contacting the Assist Agencies.
______ 3. No subcontracting opportunities exist.
Please provide a written explanation of why subcontracting is not
feasible.
______ 4. M/W/EBE participation is impracticable.
Please provide a written explanation of why M/W/EBE participation is
impracticable.
Therefore, we request to waive _____of the 25% utilization goal for a revised goal of _____%.
Signature: Date:
(Signature)
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EXHIBIT H
Construction Contractors' Assistance Organizations (“Assist Agencies”) Form
AGENCY DATE
CONTACTED
CONTACT
PERSON
RESULT OF
CONVERSATION
Association of Asian Construction
Enterprises (AACE)
5500 Touhy Ave., Unit K
Skokie, IL. 60077
Phone: 847/5259693
Perry Nakachii, President
Black Contractors United (BCU)
400 W. 76th Street
Chicago, IL 60620
Phone: 773/483-4000
Fax: 773/483-4150
Email: bcunewera@ameritech.net
Chicago Minority Business
Development Council
105 West Adams Street
Chicago, Illinois 60603
Phone: 312-755-8880
Fax: 312-755-8890
Email: info@chicagomsdc.org
Shelia Hill, President
Federation of Women Contractors
5650 S. Archer Avenue
Chicago, Illinois 60638
Phone: 312/360-1122
Fax: 312/360-0239
Email: FWCChicago@aol.com
Contact Person: Beth Doria
Maureen Jung, President
Hispanic American Construction
Industry (HACIA)
901 W. Jackson, Suite 205
Chicago, IL 60607
Phone: 312/666-5910
Fax: 312/666-5692
Email: Jperez@haciaworks.org
Jorge Perez, President
Women’s Business Development
Center
8 S. Michigan Ave, Suite 400
Chicago, Illinois 60603
Phone: 312-853-3477
Fax: 312-853-0145
Email: wbdc@wbdc.org
Carol Dougal, Director
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Exhibit I
CITY OF EVANSTON
PROFESSIONAL SERVICES AGREEMENT
The parties referenced herein desire to enter into an agreement for professional
services for
[Insert name of the project]
(“the Project”)
THIS AGREEMENT (hereinafter referred to as the “Agreement”) entered into this ___
day of ________________, 20___, between the City of Evanston, an Illinois municipal
corporation with offices located at 2100 Ridge Avenue, Evanston Illinois 60201 (hereinafter
referred to as the “City”), and [Insert Professional Service Provider’s name here], with
offices located at [Insert address here], (hereinafter referred to as the “Consultant”).
Compensation for all basic Services (“the Services”) provided by the Consultant pursuant to
the terms of this Agreement shall not exceed $[Insert fee here].
I. COMMENCEMENT DATE
Consultant shall commence the Services on ____________ or no
later than three (3) DAYS AFTER City executes and delivers this
Agreement to Consultant.
II. COMPLETION DATE
Consultant shall complete the Services by ____________. If this Agreement
provides for renewals after an initial term, no renewal shall begin until agreed to in
writing by both parties prior to the completion date of this Agreement.
III. PAYMENTS
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City shall pay Consultant those fees as provided here: Payment shall be made
upon the completion of each task for a project, as set forth in Exhibit A –
Project Milestones and Deliverables. Any expenses in addition to those set
forth here must be specifically approved by the City in writing in advance.
IV. DESCRIPTION OF SERVICES
Consultant shall perform the services (the “Services”) set forth here: Services are
those as defined in Exhibit A, the City’s Request for Proposal/Qualifications No. #
(Exhibit B) and Consultant’s Response to the Proposal (Exhibit C). Services may
include, if any, other documented discussions and agreements regarding scope of
work and cost (Exhibit D).
V. GENERAL PROVISIONS
A. Services. Consultant shall perform the Services in a professional and
workmanlike manner. All Services performed and documentation (regardless of
format) provided by Consultant shall be in accordance with the standards of
reasonable care and skill of the profession, free from errors or omissions,
ambiguities, coordination problems, and other defects. Consultant shall take into
account any and all applicable plans and/or specifications furnished by City, or by
others at City’s direction or request, to Consultant during the term of this Agreement.
All materials, buildings, structures, or equipment designed or selected by Consultant
shall be workable and fit for the intended use thereof, and will comply with all
applicable governmental requirements. Consultant shall require its employees to
observe the working hours, rules, security regulations and holiday schedules of City
while working and to perform its Services in a manner which does not unreasonably
interfere with the City’s business and operations, or the business and operations of
other tenants and occupants in the City which may be affected by the work relative to
this Agreement. Consultant shall take all necessary precautions to assure the safety
of its employees who are engaged in the performance of the Services, all equipment
and supplies used in connection therewith, and all property of City or other parties
that may be affected in connection therewith. If requested by City, Consultant shall
promptly replace any employee or agent performing the Services if, in the opinion of
the City, the performance of the employee or agent is unsatisfactory.
Consultant is responsible for conforming its final work product to generally
accepted professional standards for all work performed pursuant to this Agreement.
Consultant is an independent Consultant and is solely responsible for all taxes,
withholdings, and other statutory or contractual obligations of any sort, including but
not limited to, Worker’s Compensation Insurance. Nothing in this Agreement accords
any third-party beneficiary rights whatsoever to any non-party to this Agreement that
any non-party may seek to enforce. Consultant acknowledges and agrees that
should Consultant or its subconsultants provide false information, or fail to be or
remain in compliance with this Agreement, the City may void this Agreement. The
Consultant warrants and states that it has read the Contract Documents, and agrees
to be bound thereby, including all performance guarantees as respects Consultant’s
work and all indemnity and insurance requirements.
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The Consultant shall obtain prior approval from the City prior to subcontracting
with any entity or person to perform any of the work required under this Agreement. If
the Consultant subcontracts any of the services to be performed under this
Agreement, the subconsultant agreement shall provide that the services to be
performed under any such agreement shall not be sublet, sold, transferred, assigned
or otherwise disposed of to another entity or person without the City’s prior written
consent. The Consultant shall be responsible for the accuracy and quality of any
subconsultant’s work.
All subconsultant agreements shall include verbatim or by reference the
provisions in this Agreement binding upon Consultant as to all Services provided by
this Agreement, such that it is binding upon each and every subconsultant that does
work or provides Services under this Agreement.
The Consultant shall cooperate fully with the City, other City contractors, other
municipalities and local government officials, public utility companies, and others, as
may be directed by the City. This shall include attendance at meetings, discussions
and hearings as requested by the City. This cooperation shall extend to any
investigation, hearings or meetings convened or instituted by OSHA relative to this
Project, as necessary. Consultant shall cooperate with the City in scheduling and
performing its Work to avoid conflict, delay in or interference with the work of others,
if any, at the Project.
Except as otherwise provided herein, the nature and scope of Services
specified in this Agreement may only be modified by a writing approved by both
parties. This Agreement may be modified or amended from time to time provided,
however, that no such amendment or modification shall be effective unless reduced
to writing and duly authorized and signed by the authorized representatives of the
parties.
B. Representation and Warranties. Consultant represents and warrants that:
(1) Consultant possesses and will keep in force all required licenses to perform the
Services, (2) the employees of Consultant performing the Services are fully qualified,
licensed as required, and skilled to perform the Services.
C. Termination. City may, at any time, with or without cause, terminate this
Agreement upon seven (7) days written notice to Consultant. If the City terminates
this agreement, the City will make payment to Consultant for Services performed
prior to termination. Payments made by the City pursuant to this Agreement are
subject to sufficient appropriations made by the City of Evanston City Council. In the
event of termination resulting from non-appropriation or insufficient appropriation by
the City Council, the City’s obligations hereunder shall cease and there shall be no
penalty or further payment required. In the event of an emergency or threat to the life,
safety or welfare of the citizens of the City, the City shall have the right terminate this
Agreement without prior written notice. Within thirty (30) days of termination of this
Agreement, the Consultant shall turn over to the City any documents, drafts, and
materials, including but not limited to, outstanding work product, data, studies, test
results, source documents, AutoCad Version 2007, PDF, ArtView, Word, Excel
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spreadsheets, technical specifications and calculations, and any other such items
specifically identified by the City related to the Services herein.
D. Independent Consultant. Consultant’s status shall be that of an independent
Consultant and not that of a servant, agent, or employee of City. Consultant shall not
hold Consultant out, nor claim to be acting, as a servant, agent or employee of City.
Consultant is not authorized to, and shall not, make or undertake any agreement,
understanding, waiver or representation on behalf of City. Consultant shall at its own
expense comply with all applicable workers compensation, unemployment insurance,
employer’s liability, tax withholding, minimum wage and hour, and other federal,
state, county and municipal laws, ordinances, rules, regulations and orders.
Consultant agrees to abide by the Occupational Safety & Health Act of 1970 (OSHA),
and as the same may be amended from time to time, applicable state and municipal
safety and health laws and all regulations pursuant thereto.
E. Conflict of Interest. Consultant represents and warrants that no prior or
present services provided by Consultant to third parties conflict with the interests of
City in respect to the Services being provided hereunder except as shall have been
expressly disclosed in writing by Consultant to City and consented to in writing to
City.
F. Ownership of Documents and Other Materials. All originals, duplicates and
negatives of all plans, drawings, reports, photographs, charts, programs, models,
specimens, specifications, AutoCad Version 2007, Excel spreadsheets, PDF, and
other documents or materials required to be furnished by Consultant hereunder,
including drafts and reproduction copies thereof, shall be and remain the exclusive
property of City, and City shall have the unlimited right to publish and use all or any
part of the same without payment of any additional royalty, charge, or other
compensation to Consultant. Upon the termination of this Agreement, or upon
request of City, during any stage of the Services, Consultant shall promptly deliver all
such materials to City. Consultant shall not publish, transfer, license or, except in
connection with carrying out obligations under this Agreement, use or reuse all or any
part of such reports and other documents, including working pages, without the prior
written approval of City, provided, however, that Consultant may retain copies of the
same for Consultant’s own general reference.
G. Payment. Invoices for payment shall be submitted by Consultant to City at
the address set forth above, together with reasonable supporting documentation, City
may require such additional supporting documentation as City reasonably deems
necessary or desirable. Payment shall be made in accordance with the Illinois Local
Government Prompt Payment Act, after City’s receipt of an invoice and all such
supporting documentation.
H. Right to Audit. Consultant shall for a period of three years following
performance of the Services, keep and make available for the inspection,
examination and audit by City or City’s authorized employees, agents or
representatives, at all reasonable time, all records respecting the services and
expenses incurred by Consultant, including without limitation, all book, accounts,
memoranda, receipts, ledgers, canceled checks, and any other documents indicating,
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documenting, verifying or substantiating the cost and appropriateness of any and all
expenses. If any invoice submitted by Consultant is found to have been overstated,
Consultant shall provide City an immediate refund of the overpayment together with
interest at the highest rate permitted by applicable law, and shall reimburse all of
City’s expenses for and in connection with the audit respecting such invoice.
I. Indemnity. Consultant shall defend, indemnify and hold harmless the City
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 but not limited to 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 Consultant or Consultant’s
subcontractors, employees, agents or subcontractors during the performance of this
Agreement. 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 Agreement.
Nothing contained herein shall be construed as prohibiting the 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. The Consultant 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 the City and employees and agents,
including but not limited to the Illinois Local Governmental and Governmental
Employees Tort Immunity Act, 745 ILCS 10/1-101 et seq.
At the City Corporation Counsel’s option, Consultant must defend all suits
brought upon all such Losses and must pay all costs and expenses incidental to
them, but the City has the right, at its option, to participate, at its own cost, in the
defense of any suit, without relieving Consultant of any of its obligations under this
Agreement. Any settlement of any claim or suit related to this Agreement by
Consultant must be made only with the prior written consent of the City Corporation
Counsel, if the settlement requires any action on the part of the City.
To the extent permissible by law, Consultant waives any limits to the amount
of its obligations to indemnify, defend, or contribute to any sums due under any
Losses, including any claim by any employee of Consultant that may be subject to
the Illinois Workers Compensation Act, 820 ILCS 305/1 et seq. or any other related
law or judicial decision, including but not limited to, Kotecki v. Cyclops Welding
Corporation, 146 Ill. 2d 155 (1991). The City, however, does not waive any limitations
it may have on its liability under the Illinois Workers Compensation Act, the Illinois
Pension Code or any other statute.
Consultant shall be responsible for any losses and costs to repair or remedy
work performed under this Agreement resulting from or arising out of any act or
omission, neglect, or misconduct in the performance of its Work or its
subConsultants’ work. Acceptance of the work by the City will n ot relieve the
Consultant of the responsibility for subsequent correction of any such error,
omissions and/or negligent acts or of its liability for loss or damage resulting
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therefrom. All provisions of this Section shall survive completion, expiration, o r
termination of this Agreement.
J. Insurance. Consultant shall carry and maintain at its own cost with such
companies as are reasonably acceptable to City all necessary liability insurance
(which shall include as a minimum the requirements set forth below) during the term
of this Agreement, for damages caused or contributed to by Consultant, and insuring
Consultant against claims which may arise out of or result from Consultant’s
performance or failure to perform the Services hereunder: (1) worker’s co mpensation
in statutory limits and employer’s liability insurance in the amount of at least
$500,000, (2) comprehensive general liability coverage, and designating City as
additional insured for not less than $3,000,000 combined single limit for bodily injury,
death and property damage, per occurrence, (3) comprehensive automobile liability
insurance covering owned, non-owned and leased vehicles for not less than
$1,000,000 combined single limit for bodily injury, death or property damage, per
occurrence, and (4) errors and omissions or professional liability insurance
respecting any insurable professional services hereunder in the amount of at least
$1,000,000. Consultant shall give to the City certificates of insurance for all Services
done pursuant to this Agreement before Consultant performs any Services, and, if
requested by City, certified copies of the policies of insurance evidencing the
coverage and amounts set forth in this Section. The City may also require
Consultant to provide copies of the Additional Insured Endorsement to said
policy(ies) which name the City as an Additional Insured for all of Consultant’s
Services and work under this Agreement. Any limitations or modification on the
certificate of insurance issued to the City in compliance with this Section that conflict
with the provisions of this Section shall have no force and effect. Consultant’s
certificate of insurance shall contain a provision that the coverage afforded under the
policy(s) will not be canceled or reduced without thirty (30) days prior written notice
(hand delivered or registered mail) to City. Consultant understands that the
acceptance of certificates, policies and any other documents by the City in no way
releases the Consultant and its subcontractors from the requirements set forth
herein. Consultant expressly agrees to waive its rights, benefits and entitlements
under the “Other Insurance” clause of its commercial general liability insurance policy
as respects the City. In the event Consultant fails to purchase or procure insurance
as required above, the parties expressly agree that Consultant shall be in default
under this Agreement, and that the City may recover all losses, attorney’s fees and
costs expended in pursuing a remedy or reimbursement, at law or in equity, against
Consultant.
Consultant acknowledges and agrees that if it fails to comply with all
requirements of this Section, that the City may void this Agreement.
K. Confidentiality. In connection with this Agreement, City may provide
Consultant with information to enable Consultant to render the Services hereunder,
or Consultant may develop confidential information for City. Consultant agrees (i) to
treat, and to obligate Consultant’s employees to treat, as secret and confidential all
such information whether or not identified by City as confidential, (ii) not to disclose
any such information or make available any reports, recommendations and /or
conclusions which Consultant may make for City to any person, firm or corporation or
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use the same in any manner whatsoever without first obtaining City’s written
approval, and (iii) not to disclose to City any information obtained by Consultant on a
confidential basis from any third party unless Consultant shall have first received
written permission from such third party to disclose such information.
Pursuant to the Illinois Freedom of Information Act, 5 ILCS 140/7(2), records in
the possession of others whom the City has contracted with to perform a
governmental function are covered by the Act and subject to disclosure within limited
statutory timeframes (five (5) working days with a possible five (5) working day
extension). Upon notification from the City that it has received a Freedom of
Information Act request that calls for records within the Consultant’s control, the
Consultant shall promptly provide all requested records to the City so that the City
may comply with the request within the required timeframe. The City and the
Consultant shall cooperate to determine what records are subject to such a request
and whether or not any exemptions to the disclosure of such records, or part thereof,
is applicable. Vendor shall indemnify and defend the City from and against all claims
arising from the City’s exceptions to disclosing certain records which Vendor may
designate as proprietary or confidential. Compliance by the City with an opinion or a
directive from the Illinois Public Access Counselor or the Attorney General under
FOIA, or with a decision or order of Court with jurisdiction over the City, shall not be a
violation of this Section.
L. Use of City’s Name or Picture of Property. Consultant shall not in the
course of performance of this Agreement or thereafter use or permit the use of City’s
name nor the name of any affiliate of City, nor any picture of or reference to its
Services in any advertising, promotional or other materials prepared by or on behalf
of Consultant, nor disclose or transmit the same to any other party.
M. No Assignments or Subcontracts. Consultant shall not assign or
subcontract all or any part or its rights or obligations hereunder without City’s express
prior written approval. Any attempt to do so without the City’s prior consent shall, at
City’s option, be null and void and of no force or effect whatsoever. Consultant shall
not employ, contract with, or use the services of any other architect, interior designer,
engineer, consultant, special contractor, or other third party in connection with the
performance of the Services without the prior written consent of City.
N. Compliance with Applicable Statutes, Ordinances and Regulations. In
performing the Services, Consultant shall comply with all applicable federal, state,
county, and municipal statutes, ordinances and regulations, at Consultant’s sole cost
and expense, except to the extent expressly provided to the contrary herein.
Whenever the City deems it reasonably necessary for security reasons, the City may
conduct at its own expense, criminal and driver history background checks of
Consultant’s officers, employees, subcontractors, or agents. Consultant shall
immediately reassign any such individual who in the opinion of the City does not pass
the background check.
O. Liens and Encumbrances. Consultant, for itself, and on behalf of all
subcontractors, suppliers, materialmen and others claiming by, through or under
Consultant, hereby waives and releases any and all statutory or common law
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mechanics’ materialmens’ or other such lien claims, or rights to place a lien upon City
property or any improvements thereon in connection with any Services performed
under or in connection with this Agreement. Consultant further agrees, as and to the
extent of payment made hereunder, to execute a sworn affidavit respecting the
payment and lien releases of all subcontractors, suppliers and materialmen, and a
release of lien respecting the Services at such time or times and in such form as may
be reasonably requested by City. Consultant shall protect City from all liens for labor
performed, material supplied or used by Consultant and/or any other person in
connection with the Services undertaken by consultant hereunder, and shall not at
any time suffer or permit any lien or attachment or encumbrance to be imposed by
any subConsultant, supplier or materialmen, or other person, firm or corporation,
upon City property or any improvements thereon, by reason or any claim or demand
against Consultant or otherwise in connection with the Services.
P. Notices. Every notice or other communication to be given by either party to
the other with respect to this Agreement, shall be in writing and shall not be effective
for any purpose unless the same shall be served personally or by United States
certified or registered mail, postage prepaid, addressed if to City as follows: City of
Evanston, 2100 Ridge Avenue, Evanston, Illinois 60201, Attention: Purchasing
Division and to Consultant at the address first above set forth, or at such other
address or addresses as City or Consultant may from time to time designate by
notice given as above provided.
Q. Attorney’s Fees. In the event that the City commences any action, suit, or
other proceeding to remedy, prevent, or obtain relief from a breach of this Agreement
by Consultant, or arising out of a breach of this Agreement by Consultant, the City
shall recover from the Consultant as part of the judgment against Consultant, its
attorneys’ fees and costs incurred in each and every such action, suit, or other
proceeding.
R. Waiver. Any failure or delay by City to enforce the provisions of this
Agreement shall in no way constitute a waiver by City of any contractual right
hereunder, unless such waiver is in writing and signed by City.
S. Severability. In the event that any provision of this Agreement should be held
void, or unenforceable, the remaining portions hereof shall remain in full force and
effect.
T. Choice of Law. The rights and duties arising under this Agreement shall be
governed by the laws of the State of Illinois. Venue for any action arising out or due
to this Agreement shall be in Cook County, Illinois. The City shall not enter into
binding arbitration to resolve any dispute under this Agreement. The City does not
waive tort immunity by entering into this Agreement.
U. Time. Consultant agrees all time limits provided in this Agreement and any
Addenda or Exhibits hereto are of essence to this Agreement. Consultant shall
continue to perform its obligations while any dispute concerning the Agreement is
being resolved, unless otherwise directed by the City.
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V. Survival. Except as expressly provided to the contrary herein, all provisions
of this Agreement shall survive all performances hereunder including the termination
of the Consultant.
VI. EQUAL EMPLOYMENT OPPORTUNITY
In the event of the Consultant’s noncompliance wit h any provision of Section 1-12-5
of the Evanston City Code, the Illinois Human Rights Act or any other applicable law,
the Consultant may be declared nonresponsible and therefore ineligible for future
contracts or subcontracts with the City, and the contract may be cancelled or voided
in whole or in part, and such other sanctions or penalties may be imposed or
remedies invoked as provided by statute or regulation.
During the performance of the contract, the Consultant agrees as follows:
A. That it will not discriminate against any employee or applicant for employment
because of race, color, religion, sex, sexual orientation, marital status, national origin
or ancestry, or age 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. Consultant shall comply with all requirements of City of
Evanston Code Section 1-12-5.
B. That, in all solicitations or advertisements for employees placed by it on its
behalf, it will state that all applicants will be afforded equal opportunity without
discrimination because of race, color, religion, sex, sexual orientation, marital status,
national origin, ancestry, or disability.
VII. SEXUAL HARASSMENT POLICY
The Consultant certifies pursuant to the Illinois Human Rights Act (775 ILCS 5/2105
et. seq.), that it has a written sexual harassment policy that includes, at a minimum,
the following information:
A. The illegality of sexual harassment;
B. The definition of sexual harassment under State law;
C. A description of sexual harassment utilizing examples;
D. The Consultant’s internal complaint process including penalties;
E. Legal recourse, investigation and complaint process available through the
Illinois Department of Human Rights and the Human Rights Commission, and
directions on how to contact both; and
F. Protection against retaliation as provided to the Department of Human Rights.
VIII. CONSULTANT CERTIFICATIONS
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A. Consultant acknowledges and agrees that should Consultant or its
subconsultant provide false information, or fail to be or remain in compliance with the
Agreement, the City may void this Agreement.
B. Consultant certifies that it and its employees will comply with applicable
provisions of the U.S. Civil Rights Act, Section 504 of the Federal Rehabilitation Act,
the Americans with Disabilities Act (42 U.S.C. Section 1201 et seq.) and applicable
rules in performance under this Agreement.
C. If Consultant, or any officer, director, partner, or other managerial agent of
Consultant, has been convicted of a felony under the Sarbanes-Oxley Act of 2002, or
a Class 3 or Class 2 felony under the Illinois Securities Law of 1953, Consultant
certifies at least five years have passed since the date of the conviction.
D. Consultant certifies that it has not been convicted of the offense of bid rigging
or bid rotating or any similar offense of any State in the U.S., nor made any
admission of guilt of such conduct that is a matter of record. (720 ILCS 5/33 E-3, E-
4).
E. In accordance with the Steel Products Procurement Act, Consultant certifies
steel products used or supplied in the performance of a contract for public works shall
be manufactured or produced in the U.S. unless the City grants an exemption.
F. Consultant certifies that it is properly formed and existing legal entity, and as
applicable, has obtained an assumed name certificate from the appropriate authority,
or has registered to conduct business in Illinois and is in good standing with the
Illinois Secretary of State.
G. If more favorable terms are granted by Consultant to any similar governmental
entity in any state in a contemporaneous agreement let under the same or similar
financial terms and circumstances for comparable supplies or services, the more
favorable terms shall be applicable under this Agreement.
H. Consultant certifies that it is not delinquent in the payment of any fees, fines,
damages, or debts to the City of Evanston.
IX. INTEGRATION
This Agreement, together with Exhibits A, B, C, and D sets forth all the covenants,
conditions and promises between the parties with regard to the subject matter set
forth herein. There are no covenants, promises, agreements, conditions or
understandings between the parties, either oral or written, other than those contained
in this Agreement. This Agreement has been negotiated and entered into by each
party with the opportunity to consult with its counsel regarding the terms therein. No
portion of the Agreement shall be construed against a party due to the fact that one
party drafted that particular portion as the rule of contra proferentem shall not apply.
In the event of any inconsistency between this Agreement, and any Exhibits, this
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Agreement shall control over the Exhibits. In no event shall any proposal or contract
form submitted by Consultant be part of this Agreement unless agreed to in a writing
signed by both parties and attached and referred to herein as an Addendum, and in
such event, only the portions of such proposal or contract form consistent with this
Agreement and Exhibits hereto shall be part hereof.
IN WITNESS WHEREOF, the parties hereto have each approved and executed this
Agreement on the day, month and year first above written.
CONSULTANT: CITY OF EVANSTON
2100 RIDGE AVENUE
EVANSTON, IL 60201
By ________________________ By:________________________
Its: ________________________ Its: City Manager
FEIN Number: _______________ Date: _____________________
Date: _______________________
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EXHIBIT A – Project Milestones and Deliverables
This EXHIBIT A to that certain Consulting Agreement dated _______ between the City of
Evanston, 2100 Ridge Avenue, Evanston, Illinois, 60201(“City”) and _______________
(“Consultant”) sets forth the Commencement and Completion Date, Services, Fees, and
Reimbursable Expenses as follows:
I. COMMENCEMENT DATE: ____________________
II. COMPLETION DATE: ________________________
III. FEES:
IV. SERVICES/SCOPE OF WORK:
As defined in RFP/Q #________ (Exhibit B) and Consultants Response to Proposal
(Exhibit C)
Dated: ______________
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For the City Council Meeting of May 10, 2010 Item #
For City Council Meeting of September 22, 2014 Item A3.3
Business of the City by Motion: Davis Streetscape Furniture Purchase
For Action
To: Honorable Mayor and Members of the City Council
Administration & Public Works Committee
From: Suzette Robinson, Director of Public Works
Sat Nagar, P.E., Senior Project Manager, Engineering and Infrastructure
Subject: Davis Streetscape Furniture Purchase
Date: September 19, 2014
Recommended Action:
Staff recommends City Council approval of the single source purchase of the following
streetscape furniture items for Davis Street: 5 Melville Style Benches, 30 Poe Style
Litter Containers from Landscapeforms, 431 Lawndale Avenue, Kalamazoo, MI 49048
in the amount of $51,900.00.
Funding Source:
Funding for this purchase will be as follows:
Washington National TIF $23,846.70
CIP Fund (416438) $28,053.30
Summary:
In April of 2013, the City Council approved the Capital Improvement Concept Plan for
Davis Street Streetscape and resurfacing project. The concept plan included the
installation of benches, bike racks and trash cans area along Davis Street between
Ridge and Hinman Avenue. Staff is requesting City Council approval of this single
source purchase of the standardize furniture package downtown.
Attachments:
Street Furniture Quote
Memorandum
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To: Honorable Mayor and Members of the City Council
Administration and Public Works Committee
From: Martin Lyons, Assistant City Manager/Chief Financial Officer
Dave Stoneback, Director of Utilities
Jose Calderon, IT Division Manager
Subject: Migration of AQUAS Database from Oracle to Microsoft SQL
Date: September 3, 2014
Recommended Action:
Staff recommends that City Council authorize the City Manager to execute an
agreement with Harris Computer Systems (1 Antares Drive, Suite 400, Ottawa, Ontario)
to migrate the NorthStar Utility Billing software database from Oracle to Microsoft SQL,
in the amount of $31,500.
Funding Source:
This one time data migration and application setup of $31,500 will be funded by the
Utilities Department, Account 510.71.7125.62340.
Summary:
Harris NorthStar Utility Billing Software (known in Evanston as AQUAS) is a utility billing
system that has been used by the Utilities Department since 2009. The AQUAS system
bills customers for water, sewer and sanitation charges.
In 2009, the software was installed on the City’s only available database platform,
Oracle. In 2012, the decision was made to transition all IT systems away from Oracle
and over to the Microsoft SQL platform. This migration is required to align the AQUAS
production system with our database vendor licensing agreement.
The change in database platforms provided a $58,000 annual savings in licensing and
support costs by enabling the City’s FM/HR system to transition from JD Edwards to
New World Systems.
Memorandum
For City Council meeting of September 22, 2014 Item A3.4
Business of the City by Motion: Migration of AQUAS database from Oracle to
Microsoft SQL
For Action
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This is a sole-source request because the only option for support of the Harris NorthStar
application is Harris Computer Systems as the developer and distributor of the software.
There are no independent third-party businesses that provide support for this product.
Alternatives:
Currently, there are no practical alternatives.
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For City Council meeting of September 22, 2014 Item A3.5
Business of the City by Motion: Manhole Lining Contract
For Action
To: Honorable Mayor and Members of the City Council
Administration and Public Works Committee
From: David Stoneback, Utilities Director
Lara Biggs, Superintendent – Construction & Field Services
Subject: Contract for 2014 Manhole Lining (Bid 14-57)
Date: September 10, 2014
Recommended Action:
Staff recommends that City Council authorize the City Manager to execute a contract for
the 2014 Manhole Lining (Bid 14-57) to National Power Rodding Corporation (2500 W.
Arthington Street, Chicago, IL) in the amount of $133,600.00.
Funding Source:
Funding for this work will be from the Sewer Fund, Account 7400.62461. This sewer
operations account has a budget of $215,000 specifically allocated for sewer
maintenance and repair activities.
Summary:
This contract involves the rehabilitation of 56 manholes that are 36” diameter and 16
manholes that are 48” diameter in various locations around the City. A location map
indicating where the work will take place is attached for your reference. The
rehabilitation work is to be completed by November 30, 2014.
Bids for the subject project were opened and publicly read on Tuesday, September 9,
2014. Four contractors submitted bids for this project.
Contractor Information:
Contractor Address
Kenny Construction Company 2215 Sanders Road, Suite 400, Northbrook, IL
Kim Construction Co., Inc. 3142 Holeman, Steger, IL
National Power Rodding Corp. 2500 W. Arthington Street, Chicago, IL
Proshot Concrete, Inc. 4158 Musgrove Drive, Florence, AL
Memorandum
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The submitted bids can not be withdrawn or canceled for a period of sixty (60) calendar
days following the bid opening, or until November 1, 2014. The bids were reviewed by
Lara Biggs, Superintendent – Construction & Field Services. Attached is a summary of
bids showing the bids received.
Contractor Bid Price
National Power Rodding Corp. $133,600.00
Kenny Construction Company $153,300.00
Kim Construction Co., Inc. $156,800.00
Proshot Concrete, Inc. $162,600.00
National Power Rodding has successfully completed similar projects for the City of
Evanston. The quality of their work has been good.
National Power Rodding has requested a waiver of the M/W/EBE goal. Attached is a
memo reviewing their M/W/EBE compliance.
Attachments:
2014 Manhole Lining Location Map
Summary of Bids for Bid 14-57, 2014 Manhole Lining
M/W/EBE Compliance Memorandum
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Bid Item Description Quant. UnitsUnit Price Extended PriceUnit Price Extended PriceUnit Price Extended PriceUnit Price Extended Price1Line 36" dia structure4600inch22.00$ 101,200.00$ 25.50$ 117,300.00$ 26.00$ 119,600.00$ 27.00$ 124,200.00$ 2Line 48" dia structure1200inch27.00$ 32,400.00$ 30.00$ 36,000.00$ 31.00$ 37,200.00$ 32.00$ 38,400.00$ Total133,600.00$ 153,300.00$ 156,800.00$ 162,600.00$ NPRKennyKimProshot2014 Manhole LiningBid 14-57Summary of Bids102 of 519
To: David Stoneback, Utilities Director
Lara Biggs, Superintendent – Construction & Field Services
From: Tammi Turner, Purchasing Manager
Subject: Contract for 2014 Manhole Lining, Bid No. 14-57
Date: September 22, 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. However, National
Power Rodding Corporation precludes subcontracting opportunities. Therefore,
a waiver is granted.
Cc: Marty Lyons, Assistant City Manager/CFO
Memorandum
Contract for 2014 Manhole Lining Bid No. 14-57, M/W/EBE Memo 09.22.2014 103 of 519
For City Council meeting of September 22, 2014 Item A3.6
Business of the City by Motion: Repair of Sewer Cleaning Vehicle
For Action
To: Honorable Mayor and Members of the City Council
Administration and Public Works Committee
From: David Stoneback, Utilities Director
Subject: Emergency Repair of Sewer Cleaning Machine, Vehicle #956
Date: September 11, 2014
Recommended Action:
Staff recommends that City Council authorize the City Manager to execute a contract for
the emergency repair of the sewer cleaning machine, vehicle #956, with Standard
Equipment Company (2033 West Walnut St., Chicago, IL) in the amount of $39,518.62.
Funding Source:
Funding for this work will be from the Fleet Maintenance Fund, Account 26.7710.65060.
This account has a budget of $950,000 specifically allocated for fleet maintenance and
repairs.
Summary:
On August 19, 2014 vehicle #956 was being used to clean the sewer in the alley west of
Sherman Avenue south of Dempster Street. The operator left the site to empty the
debris box and then returned to the intersection of Dempster and Sherman, facing east
on Dempster, to pick up a co-worker. After the co-worker got into the truck, they started
driving east on Dempster at about 5 mph to go under the CTA bridge. Because the
debris box was not all the way down, the top of the truck struck the bridge resulting in
damage to the truck. At this time, the cause of the accident – either operator error or
equipment malfunction is still being determined with the assistance from the
manufacturer.
The vehicle was towed to Standard Equipment, the local representative for Vactor
equipment, and they provided the attached quote to repair the truck. A second quote
was obtained to install an indication light on the dashboard that would provide a warning
to the operator if the dump body was in the raised position.
Analysis:
Vehicle #956 is one of two sewer cleaning machines utilized by the sewer division and
is generally used for excavating, sewer structure and pipeline cleaning. Since the
Memorandum
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preventative maintenance of the sewer system is performed by in-house personnel, it is
critical to have the equipment repaired as soon as possible in order to complete the
scheduled sewer cleaning for this year.
Pending the cause of the accident, the cost of the vehicle repair may come from the
insurance fund.
Attachments:
Standard Quote dated 8/21/14 for repair of the vehicle
Standard Quote dated 9/08/14 for installation of the indicator light
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For City Council meeting of September 22, 2014 Item A3.7
Business of the City by Motion: CIPP Sewer Rehabilitation Contract B
For Action
To: Honorable Mayor and Members of the City Council
Administration and Public Works Committee
From: David Stoneback, Utilities Director
Lara Biggs, Superintendent – Construction & Field Services
Subject: 2014 CIPP Sewer Rehabilitation Contract B (Bid No. 14-43)
Date: September 9, 2014
Recommended Action:
Staff recommends that City Council authorize the City Manager to execute a contract for
the 2014 Cured-In-Place Pipe Lining Contract B (Bid No. 14-43) with Insituform
Technologies USA, LLC (17988 Edison Avenue, Chesterfield, MO) in the amount of
$230,584.00.
Funding Source:
Funding is from two sources. Funding in the amount of $130,551.00 is from the Sewer
Fund, Account 515.71.7420.62461, which has an FY 2014 budget of $515,000.
Funding in the amount of $100,033.00 is provided from the Washington National TIF,
which has an FY 2014 allocation of $185,000 for this project.
Summary:
This contract includes the rehabilitation of approximately 2,977 feet of combined sewer
main ranging in size from 8-inch diameter to 30-inch diameter at 14 different sites. A
location map indicating where the work will take place is attached. The sewer mains
funded from the Sewer Fund were identified as needing rehabilitation during the regular
closed circuit TV inspection of sewer mains. The sewer mains funded by the
Washington National TIF include all sewer mains in the TIF area not previously
rehabilitated. These mains are estimated to be over 100 years old. The sewer
rehabilitation work is to be completed by December 31, 2014.
The contract documents for this project were sent only to the seven contractors pre-
qualified to perform this type of work as a result of RFQ 13-60. These contractors
submitted information demonstrating that the product they intend to use meets specific
minimum requirements; that they are trained and approved to install the product; and
that they have a minimum amount of experience installing the product. Council
Memorandum
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approved the pre-qualification of these contractors on October 28, 2013. A list of the
prequalified contractors is attached.
Bids for the subject project were opened and publicly read on Tuesday, September 9,
2014. Two of the seven pre-qualified contractors submitted bids for this project.
Contractor Information:
Contractor Address
Insituform Technologies, USA, Inc 17988 Edison Avenue, Chesterfield, MO
Kenny Construction Company 2215 Sanders Road, Suite 400, Northbrook, IL
Pricing Summary:
The submitted bids can not be withdrawn or canceled for a period of sixty (60) calendar
days following the bid opening, or until November 1, 2014. The bids were reviewed by
Lara Biggs, Superintendent – Construction & Field Services. Attached is a bid
tabulation summary showing the bid results from the two contractors that submitted.
Contractor Bid Price
Insituform Technologies, USA, Inc $230,584.00
Kenny Construction Company $246,454.00
Insituform has completed many CIPP sewer rehabilitation projects with the City of
Evanston, and staff is satisfied with the quality of their work.
Insituform is requesting a partial waiver of the City’s M/W/EBE program goal. A memo
reviewing their compliance is attached.
Legislative History:
On October 28, 2013, the City Council approved the list of pre-qualified CIPP
rehabilitation contractors (RFP 13-60)
Attachments:
2014 CIPP Sewer Rehabilitation Contract B Location Map
List of Prequalified Contractors Approved by City Council on October 28, 2013
Bid Tabulation for Bid 14-43 2014 CIPP Sewer Rehabilitation Contract B
M/W/EBE Compliance Review Memo
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Item Pipe Dia Street BASIN
FROM
MH TO MH Quantity Unit
Unit
Price
Extended
Price
Unit
Price
Extended
Price
ITEMS FUNDED BY SEWER FUND
1 30 Orrington Alley at Dartmouth B82 10110-B 10100 206 LF 134.00$ 27,604.00$ 160.00$ 32,960.00$
2 30 Orrington Alley at Dartmouth B82 10100 10090 362 LF 134.00$ 48,508.00$ 160.00$ 57,920.00$
3 24 Sheridan Road S82 340 300 443 LF 115.00$ 50,945.00$ 130.00$ 57,590.00$
15 Reinstate Laterals 14 174.00$ 2,436.00$ 100.00$ 1,400.00$
16 Trim Protruding Taps which Inhibit Installation 2 529.00$ 1,058.00$ 500.00$ 1,000.00$
SUB - TOTAL - Sewer Fund 130,551.00$ 150,870.00$
ITEMS FUNDED BY WASHINGTON NATIONAL TIF
4 12 Benson Avenue B82 3480 3470 257 LF 43.00$ 11,051.00$ 48.00$ 12,336.00$
5 12 Benson Avenue B82 3470 3400 259 LF 43.00$ 11,137.00$ 48.00$ 12,432.00$
6 10 Church Street B82 5110 5105 154 LF 47.00$ 7,238.00$ 48.00$ 7,392.00$
7 12 Church Street B82 5105 5100 169 LF 47.00$ 7,943.00$ 48.00$ 8,112.00$
8 8 Church Street B82 5100 5000 219 LF 47.00$ 10,293.00$ 42.00$ 9,198.00$
9 10 Orrington Avenue B82 5010 5000 235 LF 45.00$ 10,575.00$ 45.00$ 10,575.00$
10 8 to12 Church Street B82 3911-6 3911-6A 102 LF 65.00$ 6,630.00$ 40.00$ 4,080.00$
11 12 to 9 Church Street B82 3911-6A 3911-3 28 LF 65.00$ 1,820.00$ 40.00$ 1,120.00$
12 12 Sherman Avenue B82 3205 3200 232 LF 41.00$ 9,512.00$ 42.00$ 9,744.00$
13 10 Chicago Avenue B82 3922 3921-1 115 LF 43.00$ 4,945.00$ 45.00$ 5,175.00$
14 10 Chicago Avenue B82 3921-1 3921 196 LF 43.00$ 8,428.00$ 45.00$ 8,820.00$
15 Reinstate Laterals 51 EA 174.00$ 8,874.00$ 100.00$ 5,100.00$
16 Trim Protruding Taps which Inhibit Installation 3 EA 529.00$ 1,587.00$ 500.00$ 1,500.00$
SUB - TOTAL - Washington National TIF 100,033.00$ 95,584.00$
TOTAL 230,584.00$ 246,454.00$
BID SCHEDULE
CITY OF EVANSTON, ILLINOIS
2014 CIPP SEWER REHABILITATION, CONTRACT B (BID 14-43)
Insituform Kenny Construction
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To: David Stoneback, Director of Utilities
Lara Biggs, Superintendent of Construction & Field Services
From: Tammi Turner, Purchasing Manager
Subject: 2014 CIPP Sewer Rehabilitation Contract B, Bid No. 14-43
Date: September 22, 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 2014 CIPP Sewer Rehabilitation Contract B, Bid # 14-43, in the
base amount of $230,584.00, the primary contractor Insituform Technologies
USA, LLC, has subcontracted the following:
Name of M/W/EBE Scope of Work Contract
Amount
% MBE WBE EBE
Sheridan Plumbing Sewer Line
Construction
$ 43,280.00 19% X
Barricade Lites Signage $ 5,000.00 2% X
Total M/W/EBE $ 48,280.00 21%
Insituform Technologies USA, LLC has requested a waiver for the remaining 4%
MWEBE participation goal. A 4% MWEBE waiver is granted. Insituform
Technologies USA, LLC will receive credit for 21% M/W/EBE participation.
Cc: Marty Lyons, Assistant City Manager/CFO
Memorandum
2014 CIPP Sewer Rehab Contract B, Bid # 14-43, M/W/EBE Subcontracting Participation Partial Waiver, 09.22,2014 114 of 519
For City Council Meeting of September 22, 2014 Item A4
Business of the City by Motion: Change Order for Comprehensive Signage Design
Program
For Action
To: Honorable Mayor and Members of the City Council
Administration and Public Works Committee
From: Martin Lyons, Assistant City Manager/CFO
Rickey A. Voss, Revenue/Parking Manager
Jonathan Williams-Kinsel, ICMA Fellow
Subject: Comprehensive Signage Design Program (RFP # 12-41) Change Order 1
Date: September 12, 2014
Recommended Action:
City Staff recommends that the City Council authorize the City Manager to execute
Change Order No. 1 for additional services provided by UrbanWorks, LLC (213 W
Institute Pl, Chicago, IL 60610) in the development of a Comprehensive Signage Design
Program (RFP # 12-41). The change order will increase the contract amount by
$19,720.00 from $52,270.00 to $71,990.00.
Funding Source:
Parking Fund 505.19.7005.65515
CIP Project # 700511
Background:
On March 26, 2014, staff and Urban Works, LLC presented the Joint Committee of
Transportation/Parking and Economic Development with three design concepts for a
new wayfinding and signage system. These design concepts were developed after an
extensive public engagement process consisting of focus groups with citizens and
businesses, as well as conversations with elected officials. UrbanWorks, LLC presented
a packet containing three very different design concepts to receive feedback from the
committee. After much discussion, the Joint Committee was unable to come to a
consensus on one particular option.
Upon the conclusion of the Joint Committee Meeting, staff and UrbanWorks reviewed
the proposed design concepts and in an effort to receive additional feedback, a
questionnaire was provided to members of the Joint Committee. Based on the feedback
Memorandum
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provided at the March 26, 2014 meeting, questionnaire results and recommendations
from staff, Urban Works was directed to develop a fourth design concept.
Presentation of a fourth design concept was made to Joint Committee on July 9, 2014.
The design concept included simplified criteria, taking into consideration industry
standards and engineering requirements, Evanston’s urban environment, and climate
conditions. After discussion, the Joint Committee unanimously recommended the fourth
design concept for approval by the Evanston City Council.
Staff is planning to submit the final design manual to the City Council on Monday,
October 27, 2014.
---------------------------------------------------------------------------------------------------------------------
Attachments:
Change Order Request – UrbanWorks
Design Concepts
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August 20, 2014
Mr. Rickey Voss
City of Evanston
Revenue/Parking – Division Manager
Re: City of Evanston Signage Design Program ( UW P1211 )
Change Order Request for City Purchase Order #15640 000 OP
Dear Mr. Voss,
Following is our request for a change order in the amount of nineteen thousand seven hundred twenty
dollar ($19,720.00).
PROJECT SUMMARY:
Original Contract Amount $52,270.00
Additional Services* $27,060.00
Credit of scope from Original Contract ($ 7,340.00)
-Task 6 $7,340 Sign Schedule Plan
Total Revised Contract Amount $71,990.00
Original Contract Amount $52,270.00
Requested Change Order $19,720.00
*Summary of Additional Services: $27,060
Additional Stakeholder Interview sessions including Downtown Evanston……………………$4,500
1.) Additional prep, stakeholder off site meeting 8/6/2013, slide show presentation, interviews,
and follow up stakeholder and Wayfinding survey compilation with the Downtown Evanston
Board of Directors.
Additional Expanded Design Options………………………….................................................$22,560
2.) As requested by the City of Evanston, the team developed a 4th design option for the City of
Evanston Signage Program. Our team worked closely with the City of Evanston internal
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Graphic Design Department and other City representatives to create a fourth option which
reflects the comments and design direction provided.
The tasks for this additional service included:
• Reviewed Design Direction Boards from the City of Evanston
• Participated in a city tour with the graphic department, art department, and other designated
representatives to assess key existing signs and discuss city priorities
• Developed a 4th option concept scheme to meet sign regulations and best practices
• Conducted (2) two Web Ex design meetings and (3) three in person meetings with alternate
concepts for an expanded sign family
• Completed additional updates and revisions to the designs to reflect the changes requested by
City representatives: additional park signage requested
• Creation of (4) four photo 3D renderings
• Preparation of a slide presentation and boards for a joint committee meeting
• Attendance of Urbanworks and team member Merje at the July 9th, 2014 Joint Committee
meeting
• Additional air travel for team member, Merje
• Additional reimbursables for expanded printed sign boards
Design 4th Option / including tour and Photo renderings $ 18,200
Attend Joint Commission Meeting $ 1,860
Travel Expenses & Reimbursables $ 2,500
SUBTOTAL $ 22,560
Services not Included:
The following items are potential additional services, and if authorized by the City of
Evanston, compensation would be billed as a separate proposal.
Engineering: Structural, Civil and/or Electrical engineering services are not included in
this proposal.
Field survey of existing conditions not already surveyed, nor proposed sign locations,
per the City of Evanston’s direction.
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Orientation Map Design or Artwork.
Preparation of detailed Sign Location Plans and/or Message Schedules.
We look forward to continuing our working relationship with the City of Evanston. UrbanWorks is an
MBE, WBE and DBE certified with the City of Chicago, State of Illinois Central Management Services
(CMS), and Cook County. Please feel free to call if there are any questions regarding this Change Order
request.
Truly,
Patricia Saldana Natke, AIA
President & Design Principal
Cc: AONeil, UW
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Melbourne
Sydney
Queens Park, AU
LondonShefeldBath
Evanston is
aging
artistic
beachfront
commercial
culinary
diverse
dynamic
educated
energetic
engaged
family-centered
growing
health-conscious
innovative
intellectual
international
middle-class
open
professional
progressive
recreational
sensitive
suburban
sustainable
talented
traditional
transient
urban
wealthy
welcoming
worldly
young
Waynding Signage
Amsterdam
Brooklyn
DC
NYC-High Line NYC
San Jose
Other
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EVANSTON, IL
June 2014 | Schematic Design Presentation
CRITERIA
• Design Direction: Examples provided by City of Evanston
• Minimize use of color / Accent Color Only: Lakefront Blue
• Simple Shape & Sizes (grid)
• Configuration: Generally Monolithic
• Utilize; Form (angles/dimensional), Materials (translucency)
and establish a Typography Language (san serif)
• Limited Project Scope: West End Identification, Block Club Sign
and Parking Signs
• MERJE recommendation: Expand Menu to illustrate a more wholistic
wayfinding system
• Create a unique identity for Parking
• Design shall meet industry and MUTCD requirements for
Community Wayfinding
• Design shall take into account the urban environment and
winter climate conditions
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6'-0"
7'-6"
9'-0"
10'-6"
12'-0"
13'-6"15'-0"
SCALE: 3/4" = 1'-0"
EVANSTON, IL
July 2014 | Schematic Design OPTION 4-SIGN MENU
Pedestrian
Kiosk
Pedestrian
Directional
Vehicular Directional
(25 MPH & Less)
City Gateway
(Post and Panel)
City Gateway
(Monolithic)
Pedestrian
Kiosk Side
Parks and Recreation
Identication122 of 519
Pantone Color #542C Charcoal Gray
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P
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P
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P
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P
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P
Public
Parking
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6'-0"
7'-6"
9'-0"
10'-6"
12'-0"
13'-6"
15'-0"
SCALE: 3/4" = 1'-0"
P
P
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6'-0"
7'-6"
9'-0"
10'-6"
12'-0"
13'-6"
15'-0"
SCALE: 3/4" = 1'-0"
EVANSTON, IL
July 2014 | Schematic Design OPTION 4-SIGN MENU
* Included in current scope
Parking
Trailblazer *
Parking
Directional*
Parking
Identication *
Parking Garage
Identication *
P
Lot38
Spaces
PublicPARKING
P
P P
Public
Parking
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6'-0"
7'-6"9'-0"10'-6"12'-0"13'-6"15'-0"
SCALE: 3/4" = 1'-0"
EVANSTON, IL
July 2014 | Schematic Design OPTION 4-SIGN MENU
* Included in current scope
Parking
Trailblazer *
Parking
Directional*
Parking
Identication *
Parking Garage
Identication *
PLot38 SpacesPublicPARKINGPP PPublicParking PLot38Lake Blue Color3FORM materialColor Match PMS 542C 3M High Intensity Reective Sheeting 134 of 519
| chromachroma®135 of 519
10,000+ colors at your fingertips.
CRANBERRYMAI TAI +
CORAL +
PETAL
POND X 3 +TIDE +SURF
MAI TAIMARIGOLD +
CORAL +
PETAL
VITAMIN C +
CORAL
VITAMIN C
MOSS +ALOE X 2 SURF +GLOW X 2 SURF MIDNIGHTBASE COLOR
BASE COLOR BASE COLOR BASE COLOR
BASE COLOR BASE COLOR BASE COLORPOND X 3 +BLISS BLISS
GLOW X 3 LEMON X 4
When installation conditions require greater opacity to conceal hardware or when privacy is needed, Chroma enhancements can accommodate. Add White Out to achieve maximum opacity for horizontal surfaces, Vapor for slight diffusion, and Ghost for backlit applications with a range of opacities in between.MOSS Create custom hues with 40 standard colors—refine the hue, perfect the opacity or add Reflect or HighRes® layers, to achieve ideal color applications.reflect white out ghost vapor no diffusionDiffusion and Effects®
24 253-FORM.COM/CHROMATABLES subject of one or more patents and patents pending
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6'-0"
7'-6"
9'-0"
10'-6"
12'-0"
13'-6"
15'-0"
SCALE: 3/4" = 1'-0"
EVANSTON, IL
July 2014 | Schematic Design OPTION 4-SIGN MENU
Destination
Name
Destination
Name
Lake Blue Color
Facing Water
Internally Illuminated
3FORM material
Color Match PMS 542C
Destination
Name
Destination
Name
Destination
Name
Destination
Name
Destination
Name
Destination
Name
STREET NAME
STREET NAME
STREET NAME
STREET NAME
STREET NAMESTREET NAMESTREET NAMESTREET NAMESTREET NAMESTREET NAMESTREET NAMESTREET NAMESTREET NAMESTREET NAMEPark copy goes here.
Opened from Dawn to Dusk
Questions call 311
cityofevanston.org
Raymond Park
Pedestrian
Kiosk
Pedestrian
Directional
Vehicular Directional
(25 MPH & Less)
City Gateway
(Post and Panel)
City Gateway
(Monolithic)
Pedestrian
Kiosk Side
Parks and Recreation
Identication
Destination Name
Destination Name
Destination Name
Destination Name
Welcome to
War d 9
311 Evanston
No handheld devices
while driving
Destination Name
Destination Name
Destination Name
Destination Name
Park copy goes here.
Opened from Dawn to Dusk
Questions call 311
cityofevanston.org
Raymond Park
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6'-0"
7'-6"
9'-0"
10'-6"
12'-0"13'-6"15'-0"
SCALE: 3/4" = 1'-0"
EVANSTON, IL
July 2014 | Schematic Design OPTION 4-SIGN MENU
Destination
Name
Destination
Name
Lake Blue Color
Facing Water
Internally Illuminated
3FORM material
Color Match PMS 542C
Destination
Name
Destination
Name
Destination
Name
Destination
Name
Destination
Name
Destination
Name
Park copy goes here.
Opened from Dawn to Dusk
Questions call 311
cityofevanston.org
Raymond Park
Pedestrian
Kiosk
Pedestrian
Directional
Vehicular Directional
(25 MPH & Less)
City Gateway
(Post and Panel)
City Gateway
(Monolithic)
Pedestrian
Kiosk Side
Parks and Recreation
Identication
Destination Name
Destination Name
Destination Name
Destination Name
Welcome to
War d 9
311 Evanston
No handheld devices
while driving
Destination NameDestination NameDestination NameDestination Name Park copy goes here.Opened from Dawn to DuskQuestions call 311cityofevanston.orgRaymond Park
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6'-0"
7'-6"9'-0"10'-6"12'-0"13'-6"15'-0"
SCALE: 3/4" = 1'-0"
EVANSTON, IL
July 2014 | Schematic Design OPTION 4-SIGN MENU
DestinationNameDestinationName
Lake Blue Color
Facing Water
Internally Illuminated
3FORM material
Color Match PMS 542C
DestinationNameDestinationNameDestinationNameDestinationName
Destination
Name
Destination
Name
STREET NAME
STREET NAME
STREET NAME
STREET NAME
STREET NAMESTREET NAMESTREET NAMESTREET NAMESTREET NAMESTREET NAMESTREET NAMESTREET NAMESTREET NAMESTREET NAMEPark copy goes here.
Opened from Dawn to Dusk
Questions call 311
cityofevanston.org
Raymond Park
Pedestrian
Kiosk
Pedestrian
Directional
Vehicular Directional
(25 MPH & Less)
City Gateway
(Post and Panel)
City Gateway
(Monolithic)
Pedestrian
Kiosk Side
Parks and Recreation
Identication
Destination NameDestination NameDestination NameDestination NameWelcome toWard 9311 EvanstonNo handheld devices while driving Destination NameDestination NameDestination NameDestination Name Park copy goes here.Opened from Dawn to DuskQuestions call 311cityofevanston.orgRaymond Park
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6'-0"7'-6"9'-0"10'-6"12'-0"13'-6"15'-0"
SCALE: 3/4" = 1'-0"
EVANSTON, IL
July 2014 | Schematic Design OPTION 4-SIGN MENU
DestinationNameDestinationName Lake Blue ColorFacing WaterInternally Illuminated3FORM materialColor Match PMS 542C DestinationNameDestinationNameDestinationNameDestinationNameDestinationNameDestinationName Park copy goes here.Opened from Dawn to DuskQuestions call 311cityofevanston.orgRaymond Park
Pedestrian
Kiosk
Pedestrian
Directional
Vehicular Directional
(25 MPH & Less)
City Gateway
(Post and Panel)
City Gateway
(Monolithic)
Pedestrian
Kiosk Side
Parks and Recreation
Identication
Destination NameDestination NameDestination NameDestination NameWelcome toWard 9311 EvanstonNo handheld devices while driving Destination NameDestination NameDestination NameDestination Name Park copy goes here.Opened from Dawn to DuskQuestions call 311cityofevanston.orgRaymond Park145 of 519
6'-0"7'-6"9'-0"10'-6"12'-0"13'-6"15'-0"
SCALE: 3/4" = 1'-0"
EVANSTON, IL
July 2014 | Schematic Design OPTION 4-SIGN MENU
DestinationNameDestinationName Lake Blue ColorFacing WaterInternally Illuminated3FORM materialColor Match PMS 542C DestinationNameDestinationNameDestinationNameDestinationNameDestinationNameDestinationName Park copy goes here.Opened from Dawn to DuskQuestions call 311
cityofevanston.orgRaymond Park
Pedestrian
Kiosk
Pedestrian
Directional
Vehicular Directional
(25 MPH & Less)
City Gateway
(Post and Panel)
City Gateway
(Monolithic)
Pedestrian
Kiosk Side
Parks and Recreation
Identication
Destination NameDestination NameDestination NameDestination NameWelcome toWard 9311 EvanstonNo handheld devices while driving Destination NameDestination NameDestination NameDestination Name Park copy goes here.Opened from Dawn to DuskQuestions call 311cityofevanston.orgRaymond Park
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For City Council meeting of September 22, 2014 Item A5
Business of the City by Motion: School District 65 Salt Agreement
For Action
To: Honorable Mayor and Members of the City Council
Members of the Administration & Public Works Committee
From: Suzette Robinson, Director of Public Works
Subject: School District 65 Rock Salt Agreement 2014/2015
Date: September 11, 2014
Recommended Action:
Staff recommends City Council authorize the City Manager to sign an agreement with
Evanston School District 65 for the sale of rock salt in the amount of $92.95 per ton for
the period November 15, 2014 to April 15, 2015. This includes a 10% administration
and handling fee.
Summary:
The City of Evanston has been selling rock salt to the school districts for many years for
the purpose of deicing their driveways, roadways and parking lots. District 65 does not
have sufficient indoor storage capacity to house the 300 tons of salt they use each year.
The City takes into consideration the quantity of salt that school districts will use when
the placing salt order each year.
The 10% administration fee covers the expenses related to loading, record keeping and
procurement, etc.
A copy of the agreement is attached.
Memorandum
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City of Evanston- Evanston School District 65
Letter Agreement for Road Salt (Sodium Chloride) Procurement
Evanston School District 65(hereinafter referred to as “D65”) has been procuring road salt from
City of Evanston (hereinafter referred to as “City”) for many year for the purpose of deicing D65
driveways, roadways, and parking lots. The City has historically taken into consideration D65’s
salt requirements when determining the amount of salt to purchase each year. This letter
agreement formalizes the long-standing arrangement for salt procurement between the City and
D65.
1. Ordering: The City is solely responsible for ordering all salt with its awarded supplier.
2. Record-Keeping: The City will maintain records of all transactions between the City and
D65.
3. Salt Pick-up: D65 shall pick up salt at the City’s salt dome location at 2020 Asbury
Avenue, Evanston, IL. D65 must provide City a 12-hour advance notice prior to picking
up salt. The City’s loader operator stationed at the dome will load D65 salt hopper. If no
operator is on site, D65 must contact Streets & Sanitation Offices for loading.
4. Pricing: The salt price under this agreement is $92.95/ton, which equates to the City’s
purchase prices of salt ($84.50/ton) plus a 10% administration and handling fee that
covers expenses related to loading, record keeping, procurement, etc. No cost is
transferred for storage of salt.
5. Payments: Payment is due in 30 days or late fee (s) may be assessed. Invoices must be
returned with payment.
6. Amount: D65 is authorized to purchase up to 300 tons of road salt for the term of this
agreement. However, the City reserves the right to reduce this amount for any reason
with one weeks’ notice.
7. Indemnity: D65 shall defend and hold harmless the City and its elected officials, assigns,
officers, directors, employees, agents, and servants from and against any and all
liabilities, obligations, losses, damages, penalties, judgments, settlements, claims,
actions, suits, proceedings, costs, expenses, and disbursements, including legal fees
and expenses, of whatever kind of nature, imposed on, incurred by or asserted against
the City, is successors, assigns, officers, directors, employees, agents and servants, in
any way relating to or arising out of the terms of this agreement.
8. Term: The term of this agreement is from November 15, 2014 to April 15, 2015.
_____________________ _______________________
Authorized Signature Mr. Wally Bobkiewicz
Evanston School District 65 City Manager
City of Evanston
______________________ ________________________
Date Date
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For City Council meeting of September 22, 2014 Item A6
Business of the City by Motion: School District 202 Salt Agreement
For Action
To: Honorable Mayor and Members of the City Council
Administration & Public Works Committee
From: Suzette Robinson, Director of Public Works
Subject: School District 202 Rock Salt Agreement 2014/2015
Date: September 11, 2014
Recommended Action:
Staff recommends City Council authorize the City Manager to sign an agreement with
Evanston School District 202 for the sale of rock salt in the amount of $92.95 per ton for
the period November 15, 2014 to April 15, 2015. This includes a 10% administration
and handling fee.
Summary:
The City of Evanston has been selling rock salt to the school districts for many years for
the purpose of deicing their driveways, roadways and parking lots. District 202 does
not have sufficient indoor storage capacity to house the 300 tons of salt they use each
year. The City takes into consideration the quantity of salt that school districts will use
when the placing salt order each year.
The 10% administration fee covers the expenses related to loading, record keeping and
procurement, etc.
A copy of the agreement is attached.
Memorandum
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City of Evanston- Evanston Township High School District 202
Letter Agreement for Road Salt (Sodium Chloride) Procurement
Evanston Township High School District 202(hereinafter referred to as “D202”) has been
procuring road salt from City of Evanston (hereinafter referred to as “City”) for many year for the
purpose of deicing D202 driveways, roadways, and parking lots. The City has historically taken
into consideration D202’s salt requirements when determining the amount of salt to purchase
each year. This letter agreement formalizes the long-standing arrangement for salt procurement
between the City and D202.
1. Ordering: The City is solely responsible for ordering all salt with its awarded supplier.
2. Record-Keeping: The City will maintain records of all transactions between the City and
D202.
3. Salt Pick-up: D202 shall pick up salt at the City’s salt dome location at 2020 Asbury
Avenue, Evanston, IL. D202 must provide City a 12-hour advance notice prior to picking
up salt. The City’s loader operator stationed at the dome will load D202 salt hopper. If no
operator is on site, D202 must contact Streets & Sanitation Offices for loading.
4. Pricing: The salt price under this agreement is $92.95/ton, which equates to the City’s
purchase prices of salt ($84.50/ton) plus a 10% administration and handling fee that
covers expenses related to loading, record keeping, procurement, etc. No cost is
transferred for storage of salt.
5. Payments: Payment is due in 30 days or late fee (s) may be assessed. Invoices must
be returned with payment.
6. Amount: D202 is authorized to purchase up to 300 tons of road salt for the term of this
agreement. However, the City reserves the right to reduce this amount for any reason
with one weeks’ notice.
7. Indemnity: D202 shall defend and hold harmless the City and its elected officials,
assigns, officers, directors, employees, agents, and servants from and against any and
all liabilities, obligations, losses, damages, penalties, judgments, settlements, claims,
actions, suits, proceedings, costs, expenses, and disbursements, including legal fees
and expenses, of whatever kind of nature, imposed on, incurred by or asserted against
the City, is successors, assigns, officers, directors, employees, agents and servants, in
any way relating to or arising out of the terms of this agreement.
8. Term: The term of this agreement is from November 15, 2014 to April 15, 2015
_____________________ _______________________
Authorized Signature Mr. Wally Bobkiewicz
Evanston Township High School District 202 City Manager
City of Evanston
______________________ ________________________
Date Date
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For City Council Meeting of August 11, 2014 Item A7
Business by Motion: Gigabit Grant Selection of ISP and Network Operator
For Action
To: Honorable Mayor and Members of the City Council
Administration and Public Works Committee
From: Martin Lyons, Assistant City Manager/CFO
Jose Calderon, IT Division Manager
Subject: Resolution 67-R-14 Authorization for Fulfillment of the Gigabit
Grant and Selection of ISP and Network Operator
Date: August 31, 2014
Recommended Action
Staff recommends the adoption of Resolution 67-R-14 “Authorizing the City Manager to
Enter into Certain Agreements to fulfill all Terms of a Grant Previously Awarded to the
City from the State of Illinois Regarding Gigabit Infrastructure Installation in the City of
Evanston.”
Staff also recommends that City Council authorize the City Manager to further
negotiate and execute two agreements with OnShore Networks (1407 W. Chicago Ave,
Chicago, IL) for the deployment of the Illinois Gigabit Communities Challenge Grant.
The Gigabit project is unique in size and scope, and by its very nature involves
technology not currently installed in the residential market place. As such, finding
consultants/professionals interested in this “pilot” type project was difficult. After brief
discussions with major carrier representatives (e.g. Comcast) we confirmed the need to
find a firm with experience in both installing and operating such a small system. A
representative from OnShore Networks (who is an Evanston resident) will be available
at this meeting to answer any questions.
Agreement 1: Enter into agreement with OnShore Networks to be the Internet Service
Provider (ISP) for residential and commercial customers targeted by the grant. In an
effort to provide the lowest possible service rate for customers, grant funds will
applied towards the purchase and installation of networking equipment in project area.
Cost of networking equipment and installation not to exceed $102,000. See Exhibit A
for breakdown of costs
Agreement 2: Enter into agreement with Onshore Networks to serve as the
Broadband Network Operator (BNO). The BNO manages sales, provisioning,
invoicing and service calls to customers and the network. The BNO does not receive
Memorandum
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payment from the City of Evanston, but rather shares in revenues received by the ISP
service, which is generated from resident’s monthly service fees. Using grant funding,
a one-time purchase of network infrastructure equipment, not to exceed $60,500, will
be purchased by the City of Evanston and utilized by Onshore to build the gigabit
network infrastructure. See Exhibit B for breakdown of costs
Funding Source
ISP and BNO network build expenses will be funded by the Gigabit Grant, Economic
Development fund 5300.65555. Expenses outlined in this memo are for infrastructure
to be installed at 900 Chicago Ave, 515 Main Street, and 737 Chicago Ave. Future
funding and the sustainability of the project will be dependent on the commercial
success of the project.
As the project progresses there will be additional one-time and reoccurring expenses
that will be brought to City Council for approval. These expenses relate to extending
the City’s fiber connection and linking with the ISP at 350 E. Cermak. One-time
expenses are expected not to exceed $245,000, with monthly expenses not
exceeding $1,950. See Exhibit C for breakdown of future project expenses, which will
be brought to City Council for approval by December 2014.
Summary
The City of Evanston and Northwestern University were awarded $999,000 through
the Illinois Gigabit Communities Challenge grant to connect various sites throughout
the Northwestern University campus and businesses and residences along the Main
Street and Chicago Avenue intersection. With less dollars awarded than originally
budgeted for this project, the City of Evanston and Northwestern University have
pared back the scope of work while still working to achieve the grant’s goal to provide
1,000 end users with gigabit connectivity.
Specifically, the City of Evanston portion of the award will be used to extend existing
spare fiber infrastructure to meet 3-strategic locations in the technology corridor
(Chicago Ave and Main St.). The city’s goal is to provide competitively priced gigabit
connectivity to residents and businesses. Utilizing and extending existing fiber allows
the City to contract with OnShore Networks to manage the operation of the gigabit
network without involving the IT-Division to manage these daily private business
activities. OnShore networks, acting as the ISP and BNO, would manage fiber
connections, services, sales, and provisioning, invoicing and service calls. Below is a
rough timeline for this project.
Timeline
Operations
• Identify and begin securing potential customers - Q4, 2014
• Establish monthly revenues and expenses – Q1, 2015
2
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Installation
• ISP – Q1, 2015
• BNO – Q1, 2015
• Fiber – Q2, 2015
Operations
• Go live Date – Q3, 2015
Since the Gigabit grant’s announcement, a number of local businesses have indicated
a significant and strong desire to be connected to this high-speed internet. In
particular, there are a number of small commercial spaces that are attractive to small
businesses because of this connection. Many businesses have indicated that a good
connection to the Internet is critical to the work that they do on a daily basis. In
particular, businesses that might locate in other districts to be close to other identified
amenities (close proximity to Northwestern, larger variety of shops and restaurants,
etc.) could be attracted to this area because the benefit of high speed Internet
outweighs other amenities.
Attachments
Resolution 67-R-14
Exhibit A – ISP Costs
Exhibit B – BNO Costs
Exhibit C – Other Costs
Northwestern University Memo
3
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9/4/2014
67-R-14
A RESOLUTION
Authorizing the City Manager to Enter into Certain Agreements to
Fulfill all Terms of a Grant Previously Awarded to the City from the
State of Illinois Regarding
Gigabit Infrastructure Installation in the City of Evanston
WHEREAS, the City of Evanston (the “City”) has been awarded a grant
(the “Grant”) from the Illinois Department of Commerce and Economic Opportunity
(“DCEO”) as a part of the Illinois Gigabit Communities Challenge grant program; and
WHEREAS, in order to fulfill the terms and conditions of the Grant, the
City of Evanston must complete gigabit infrastructure installation at 900 Chicago
Avenue, 515 Main Street, 737 Chicago Avenue, and 835 Chicago Avenue by no later
than July 31, 2015; and
WHEREAS, the City’s extensive review and vetting of qualified Internet
Service Providers (ISP) and Broadband Network Operators (BNO) identified an
Evanston resident who operates OnShore Networks (“OnShore”), an ISP/BNO that is
uniquely qualified to assist the City in completing the gigabit infrastructure installation;
and
WHEREAS, as time is of the essence in order to ensure the City utilizes
all applicable DCEO Grant funds in a timely and compliant manner, it is prudent to
retain OnShore;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS:
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67-R-14
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SECTION 1: That the City Manager is hereby authorized and empowered
to execute and enter into agreements with OnShore to ensure that all terms of the
previously awarded DCEO Grant are complied with in a timely manner, and as may be
necessary or desirable for the City to perform its obligations pursuant to the Grant.
SECTION 2: That the City Manager be and hereby is authorized and
directed to take such additional actions or to make further determinations as he deems
necessary or appropriate to carry into effect this resolution.
SECTION 3: That the award to OnShore is in the best interest of the City
since substantial economic benefits will be derived from timely and fully utilizing
available DCEO Grant funds and employing a local business entity to perform Grant
qualified activities.
SECTION 4: That this Resolution 67-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
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Information Technology
Date: July 30, 2014
To: Jose Calderon
From: Dave Carr, Julian Y. Koh
Subject: Gigabit Grant Update
Summary
The City of Evanston and Northwestern University were awarded $999,000 through the Illinois Gigabit
Communities Challenge grant to connect various sites throughout the University campus and businesses
and residences along the Main Street and Chicago Avenue intersection. Since fewer dollars were
awarded than originally requested, the University will reduce the scope of deployment in consultation
with the deans and technology leaders of each school.
Northwestern University will utilize its portion of the award ($360,000) to deploy high-speed campus
network services to connect approximately 500 research systems consistent with funding direction,
including instruments, faculty and graduate student workstations, and analytical computing engines.
Services will be available at 1 gigabit per second (Gbps) from the University’s existing network.
The grant will fund the upgrade of electronics necessary to supply service to the identified locations.
This includes upgraded 10Gbps uplink modules, fiber optic transceivers, and new switches.
Connectivity to the global Internet will be through current Northwestern University facilities and
services. There are also provisions to connect the Northwestern University network directly to the
Internet Service Provider (ISP) used by the City of Evanston for efficient traffic exchange and increased
collaboration opportunities. The University’s IT staff will operate these additional services within
current funding.
End users
The approximately 500 connections available will be allocated across these activities:
• Biological and medical sciences
• Engineering
• Pure sciences
• Nanotechnology
Deployment timeline
Determination of the sites to be connected under the grant October 2014
Begin installation of new equipment and services to sites November 2014
Deployment to all sites completed March 2015
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Exhibit A - onShore ISP Costs
One Time Charges
Site Location Make Model Description Purpose Notes Retail Ea.Qty Cost
737 Chicago
737 Chicago Demarc Cisco WS-C2960S-24TD-L CATALYST 2960S 24 GIGE 2X10G SFP+ LAN BASE 24-port L2 10 Gb Aggregate and user switch 2,641.32$ 1 2,641.32$
737 Chicago Demarc Cisco CON-SNT-2960S2TD US ONLY 8X5 NBD SMARTNET CAT 2960S 24 GIGE 2 X 10G SFP+ LAN BASE Cisco SMARTnet support for WS-C2960S-24TD-L Option 226.18$ 1 226.18$
737 Chicago Demarc Cisco SFP-10G-SR= 10GBASESR SFP+ MODULE SMF 10 Gb SFP for WS-C2960S-24TD-L to Svc Ctr 1,094.34$ 1 1,094.34$
737 Chicago Floor 3 IDF Cisco WS-C2960S-48TS-L CATALYST 2960-S 48PORT GIGE 4XSFP LAN BASE 48p 10/100/1000 User switch one per IDF 2,919.72$ 4 11,678.88$
737 Chicago Floor 3 IDF Cisco CON-SNT-2960S4TS US ONLY SMARTNET NBD 8X5 CAT 2960S STK48 GIGE 4XSFP LAN BASE Cisco SMARTnet support for WS-C2960S-48TS-L Option 249.78$ 4 999.12$
737 Chicago Floor 3 IDF S Cisco WS-C2960CG-8TC-L CATALYST 2960-C SWITCH 8GBE 2X DUAL UPLINK LAN BASE 8-port 10/100/1000 User switch to add ports South tower IDFs 762.12$ 2 1,524.24$
737 Chicago Floor 3 IDF S Cisco CON-SNT-WSC2960G US ONLY NBD 8X5 SMARTNET CAT2960C SWITCH 8GBE 1XDUAL Cisco SMARTnet support for WS-C2960CG-8TC-L Option 50.81$ 2 101.62$
737 Chicago Misc UPS, mounting hardware, etc.3,000.00$ 1 3,000.00$
737 Chicago Cabling materials common 1,000.00$ 1 1,000.00$
737 Chicago Horizontal, unit cabling Building expenditure 25.00$ 220 5,500.00$
737 Chicago Riser cabling To large and small switches in IDFs Building expenditure 500.00$ 6 3,000.00$
737 Chicago Integration Configuration and installation of equipment 3,000.00$ 1 3,000.00$
737 Chicago User Setup 25.00$ 220 5,500.00$
737 Chicago Street fiber feed 50,000.00$ 0 -$
737 Chicago Total 39,265.69$
Site Location Make Model Description Purpose Notes Retail Ea.Qty Cost
900 Chicago
900 Chicago Demarc Cisco WS-C2960S-24TD-L CATALYST 2960S 24 GIGE 2X10G SFP+ LAN BASE 24-port L2 10 Gb Aggregate and user switch 2,641.32$ 1 2,641.32$
900 Chicago Demarc Cisco CON-SNT-2960S2TD US ONLY 8X5 NBD SMARTNET CAT 2960S 24 GIGE 2 X 10G SFP+ LAN BASE Cisco SMARTnet support for WS-C2960S-24TD-L Option 226.18$ 1 226.18$
900 Chicago Demarc Cisco SFP-10G-SR= 10GBASESR SFP+ MODULE SMF 10 Gb SFP for WS-C2960S-24TD-L to Svc Ctr 1,094.34$ 1 1,094.34$
900 Chicago Demarc Cisco WS-C2960S-48TS-L CATALYST 2960-S 48PORT GIGE 4XSFP LAN BASE 48p 10/100/1000 User switch 2,919.72$ 2 5,839.44$
900 Chicago Demarc Cisco CON-SNT-2960S4TS US ONLY SMARTNET NBD 8X5 CAT 2960S STK48 GIGE 4XSFP LAN BASE Cisco SMARTnet support for WS-C2960S-48TS-L Option 249.78$ 2 499.56$
900 Chicago Misc UPS, mounting hardware, etc.1,000.00$ 1 1,000.00$
900 Chicago Cabling materials common 200.00$ 1 200.00$
900 Chicago Unit termination Per unit with activation 50.00$ 82 4,100.00$
900 Chicago Riser retermination 3,000.00$ 1 3,000.00$
900 Chicago Integration Configuration and installation of equipment 2,000.00$ 1 2,000.00$
737 Chicago User Setup 25.00$ 82 2,050.00$
900 Chicago Street fiber feed 50,000.00$ 0 -$
900 Chicago Total 22,650.84$
Site Location Make Model Description Purpose Notes Retail Ea.Qty Cost
515 Main
515 Main Demarc Cisco WS-C2960S-24TD-L CATALYST 2960S 24 GIGE 2X10G SFP+ LAN BASE 24-port L2 10 Gb Aggregate and user switch 2,641.32$ 1 2,641.32$
515 Main Demarc Cisco CON-SNT-2960S2TD US ONLY 8X5 NBD SMARTNET CAT 2960S 24 GIGE 2 X 10G SFP+ LAN BASE Cisco SMARTnet support for WS-C2960S-24TD-L Option 226.18$ 1 226.18$
515 Main Demarc Cisco SFP-10G-SR= 10GBASESR SFP+ MODULE SMF 10 Gb SFP for WS-C2960S-24TD-L to Svc Ctr 1,094.34$ 1 1,094.34$
515 Main Demarc Cisco WS-C2960S-48TS-L CATALYST 2960-S 48PORT GIGE 4XSFP LAN BASE 48p 10/100/1000 User switch 2,919.72$ 2 5,839.44$
515 Main Demarc Cisco CON-SNT-2960S4TS US ONLY SMARTNET NBD 8X5 CAT 2960S STK48 GIGE 4XSFP LAN BASE Cisco SMARTnet support for WS-C2960S-48TS-L Option 249.78$ 2 499.56$
515 Main Misc UPS, mounting hardware, etc.1,000.00$ 1 1,000.00$
515 Main Cabling materials common 200.00$ 1 200.00$
515 Main Unit termination Per unit with activation 50.00$ 65 3,250.00$
515 Main Riser retermination 2,000.00$ 1 2,000.00$
515 Main Integration Configuration and installation of equipment 2,000.00$ 1 2,000.00$
737 Chicago User Setup 25.00$ 65 1,625.00$
515 Main Street fiber feed 50,000.00$ 0 -$
515 Main Total 20,375.84$
Asbury L3 Switch Layer 3 termination for buildings $20,000 1 $20,000
Total onShore ISP One Time $102,292
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Exhibit B - onShore BNO Costs
Item Type Recurrence Location Cost Vendor Description Notes
One Time Charges
Core Switch Hardware Once Asbury $50,000 onShore BNO Main fiber switch connecting buildings to network. Budget includes additional components.Site visit required for mounting, power, battery, and cabling requirements.
Core Switch Setup Setup Fee Once Asbury $10,000 onShore BNO Setup charge for network design, configuration, and installing core switch in Asbury Site visit required for mounting, power and cabling requirements.
Cross-connect at Cermak Setup Service Once Cermak $500 onShore BNO Setup charge for installing cross-connect link from Suneysis fiber into onShore rack at Cermak
Total onShore BNO One Time $60,500
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Exhibit C - Additional Costs
One Time Charges
Backhaul Fiber Setup Setup Fee Once Asbury $5,000 Suneysis Setup charge for installing fiber from Asbury to Cermak New price quote has been requested.
Street Fiber Service and Materials Once 3 Buildings $240,000 Geary?
Total One Time Cost $245,000
Monthly Charges
Fiber to Cermak Service Monthly Asbury $1,600 Suneysis
Cross-connect at Cermak Service Monthly Cermak $350 onShore BNOMonthly charge for cross-connect link from Suneysis fiber into onShore rack at Cermak
Total onShore BNO Monthly $1,950
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For City Council meeting of September 22, 2014 Item A8
Resolution 71-R-14: Intergovernmental Agreement with Metropolitan Water
Reclamation District for Civic Center Parking Lot
For Action
To: Honorable Mayor and Members of the City Council
Members of the Administration & Public Works Committee
From: Suzette Robinson, Director of Public Works
Sat Nagar, P.E., Assistant Director of Engineering & Infrastructure
Subject: Resolution 71-R-14, Intergovernmental Agreement with Metropolitan
Water Reclamation District for Civic Center Parking Lot
Date: September 11, 2014
Recommended Action:
Staff requests consideration of Resolution 71-R-14, authorizing the City Manager to
execute an Intergovernmental Agreement with Metropolitan Water Reclamation District
(MWRD) for Civic Center Parking Lot reconstruction project Funding.
Funding Source:
Funding is provided by $750,000 MWRD Grant and by $500,000 from the Parking Fund.
Summary
The Engineering & Infrastructure Division of Public Works submitted a grant request to
MWRD to reconstruct the Civic Center Parking lot as a sustainable parking lot in fall of
2013. The MWRD awarded a grant of $750,000 to reconstruct the parking lot in
September this year. The MWRD’s share of the project is 73.5%, not to exceed
$750,000. The City’s share is a maximum of 26.5% of the total construction cost.
As part of this parking lot rehabilitation project, a new parking lot is proposed south of
the Civic Center building. This proposed parking lot will be constructed using
permeable concrete and will have twenty parking spaces.
City staff has completed the construction plans for the proposed parking lot
improvements and are prepared for the project to begin. The proposed improvements
include porous concrete sidewalk, porous asphalt and paver block parking stalls. The
drive lane though the parking lot will be regular asphalt paving.
Memorandum
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The parking lot design uses the natural slope of the site to strategically intercept surface
flow from the conventionally paved portions, first by porous asphalt pavement as well as
porous concrete sidewalk. The storm water that is not infiltrated will then overflow along
curb openings to the rain gardens on north side along the park.
The sustainable components of the parking lot are:
Porous Asphalt/Paver Blocks – All the parking stalls will be a combination of porous
asphalt and paver blocks except the ADA parking stalls behind the Civic Center.
Porous Concrete – All the sidewalk areas will be porous concrete with the exception of
the ADA Handicap access.
Rain Garden – About 3000 square feet rain gardens will be constructed adjacent to the
park to improve infiltration and reduce flooding in the park. These areas can be
expected to infiltrate the remaining runoff in moderate rain events. Plantings in both the
swales and rain gardens will be chosen from lists of recommended native plants
The staff is planning to let the project in last week of September and bring back the
contract award to the City Council for approval in November this year.
Attachments:
Resolution 71-R-14
Inter-Governmental Agreement
Location Map
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9/10/2014
71-R-14
A RESOLUTION
Authorizing the City Manager to Execute an Intergovernmental
Agreement for the Construction and Perpetual Maintenance of the
Civic Center Parking Lot Rehabilitation Project with the Metropolitan
Water Reclamation District of Greater Chicago
WHEREAS, the Metropolitan Water Reclamation District of Greater
Chicago (hereinafter, “District”) intends to provide technical resources for the
construction and perpetual maintenance of the Civic Center Parking Lot Rehabilitation
Project (hereinafter, “Project”) to the City of Evanston (hereinafter, “City”) and to
reimburse the City for 73.5% of the Project cost, not to exceed seven hundred and fifty
thousand dollars ($750,000.00), as shown in the Intergovernmental Agreement attached
hereto as Exhibit 1 and incorporated herein by reference; and
WHEREAS, the District’s technical and financial assistance will allow the
City to reconstruct the Civic Center parking lot as a green infrastructure that will
maintain stormwater; and
WHEREAS, the City and District seek to enter into an Intergovernmental
Agreement providing aid to the Civic Center Parking Lot Rehabilitation Project,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS, THAT:
SECTION 1: The City Manager is hereby authorized and directed to
sign, and the City Clerk hereby authorized and directed to attest, on behalf of the City,
the Intergovernmental Agreement set forth in Exhibit 1, by and between the City of
Evanston and District.
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71-R-14
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SECTION 2: The City Manager is hereby authorized and directed to
negotiate any additional conditions or terms of the Agreement as may be determined to
be in the best interest of the City and as may be approved as to form by the Corporation
Counsel.
SECTION 3: This resolution shall be in full force and effect from and after
the date of its passage and approval in the manner provided by law.
______________________________
Elizabeth B. Tisdahl, Mayor
Attest:
_____________________________
Rodney Greene, City Clerk
Adopted: ________________, 2013
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71-R-14
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EXHIBIT 1
INTERGOVERNMENTAL AGREEMENT BY AND BETWEEN THE CITY OF
EVANSTON AND THE METROPOLITAN WATER RECLAMATION DISTRICT OF
GREATER CHICAGO FOR CONSTRUCTION AND PERPETUAL MAINTENANCE OF
CIVIC CENTER PARKING LOT REHABILITATION PROJECT
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INTERGOVERNMENTAL AGREEMENT BY AND BETWEEN THE CITY OF
EVANSTON AND THE METROPOLITAN WATER RECLAMATION DISTRICT OF
GREATER CHICAGO FOR CONSTRUCTION AND PERPETUAL MAINTENANCE
OF CIVIC CENTER PARKING LOT REHABILITATION PROJECT
THIS INTERGOVERNMENTAL AGREEMENT (hereinafter the “Agreement”)
entered into, by and between the Metropolitan Water Reclamation District of Greater Chicago, a
unit of local government and body corporate and politic, organized and existing under the laws
of the State of Illinois (hereinafter the “MWRDGC”) and the City of Evanston, a municipal
corporation and home rule unit of government organized and existing under Article VII, Section
6 of the 1970 Constitution of the State of Illinois (hereinafter the “City”).
WITNESSETH:
WHEREAS, on November 17, 2004, the Illinois General Assembly passed Public Act
093-1049 (hereinafter the “Act”);
WHEREAS, the Act declares that stormwater management in Cook County shall be
under the general supervision of the MWRDGC;
WHEREAS, the Act, as amended on June 18, 2014 by Public Act 098-0652 specifically
authorizes the MWRDGC to plan, implement, and finance local activities relating to stormwater
management in Cook County;
WHEREAS, one component of the MWRDGC’s stormwater management program
includes green infrastructure, which shall hereinafter be defined as the range of stormwater
control measures that use plant/soil systems, permeable pavement, stormwater harvest and reuse,
or native landscaping to store, infiltrate, and/or evapotranspirate stormwater and reduce flows to
sewer systems or to surface waters as more fully set forth at 415 ILCS 56/5; and
WHEREAS, the MWRDGC has committed to implement one or more Early Monitoring,
Evaluation and Knowledge Building green infrastructure projects in conformance with Appendix
E, Section II (B) of a certain consent decree entered into in United States, et al. v. Metropolitan
Water Reclamation MWRDGC of Greater Chicago, Case No. 1:11-cv-08859 (N.D. Ill.
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2
2014)(“Consent Decree”), and the MWRDGC’s formal commitment herein is intended to satisfy
that obligation; and
WHEREAS, the City is located within the boundaries of Cook County;
WHEREAS, pursuant to Article 11 of the Illinois Municipal Code, 65 ILCS 5/11, the
City has the authority to improve and maintain stormwater infrastructure within its corporate
limits;
WHEREAS, the City proposes to reconstruct with green infrastructure the parking lot of
its Civic Center;
WHEREAS, the City intends to own and perform the design, construction, and perpetual
maintenance of green infrastructure installed in its Civic Center parking lot (hereinafter referred
to as the “Project.”); and
WHEREAS, the City’s proposed plans for the Project may be approached more
effectively, economically, and comprehensively with the City and MWRDGC cooperating and
using their joint efforts and resources;
WHEREAS, the size and scope of this Project would be substantially reduced but for the
MWRDGC’s commitment of financial and technical resources; and
WHEREAS, the Project will help reduce the amount of stormwater reaching the
MWRDGC’s interceptors and treatment plants, thereby providing additional capacity for the
collection and treatment of sewage in the region; and
WHEREAS, the Intergovernmental Cooperation Act, 5 ILCS 220/1 et seq., and Section
10 of Article VII of the Illinois Constitution, allow and encourage intergovernmental
cooperation;
WHEREAS, on September 19, 2013__, the MWRDGC’s Board of Commissioners
authorized the MWRDGC to negotiate an intergovernmental agreement with the City; and
WHEREAS, on __________, ___, 201__ the City’s Board of Trustees authorized the
City to enter into an intergovernmental agreement with the MWRDGC.
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NOW THEREFORE, in consideration of the matters set forth, the mutual covenants and
agreements contained in this agreement and, for other good and valuable consideration, the City
and MWRDGC hereby agree as follows:
Article 1. Incorporation of Recitals. The recitals set forth above are incorporated herein by
reference and made a part hereof.
Article 2. Scope of Work.
1. The work contemplated by this Agreement will include design, construction,
operation and perpetual maintenance of the Project, as depicted on Exhibit 1.
2. The City, at its sole cost and expense, shall cause to be prepared construction
drawings, specifications, and details (hereinafter “Construction Documents”) for the
Project.
3. The green infrastructure component of the Project shall be designed to
capture155,000 gallons. The MWRDGC shall calculate Design Retention Capacity
for this Project, as provided for in Section III of Appendix E of the Consent Decree.
4. The Project shall realize all benefits of helping to alleviate flooding in the area of the
Civic Center.
5. The City shall provide the MWRDGC with a copy of 60% and 98% complete
Construction Documents for the MWRDGC’s approval as to the Project’s intended
stormwater benefit to the public, such approval not to be unreasonably withheld.
6. The MWRDGC shall evaluate the design specifications, installation processes and
procedures, and document its findings.
7. The MWRDGC shall review and provide comments to the City as to the Project’s
intended stormwater benefit to the public in writing within 30 calendar days of receipt
of the 60% and 98% complete Construction Documents referenced in Article 2,
Subsection 2. The MWRDGC’s review and comment on the Construction
Documents shall be limited to those components applying to green infrastructure.
The City shall incorporate the MWRDGC’s review comments into the Construction
Documents.
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8. The City, at its sole cost and expense, shall construct the Project in accordance with
the final Construction Documents.
9. The City will award all Project-related construction contracts using the
MWRDGC’s Purchasing Act, 70 ILCS 2605/11.1-11.24, the MWRDGC’s Multi-
Project Labor Agreement and Memorandum of Understanding, as well as the
MWRDGC’s Affirmative Action Requirements and Affirmative Action Ordinance
(attached as Exhibits 2, 3, and 4 respectively) as minimum requirements. The City
may impose more stringent requirements than those contained in Exhibits 2, 3, and 4
when awarding Project-related construction contracts, but in no event shall the City’s
requirements fall below the MWRDGC’s general standards. The City need not
include the attached Exhibits 2, 3, and 4 as part of its bid documents. However, the
City is responsible for ensuring that these minimum requirements are met.
10. The City shall comply with the Prevailing Wage Act, 820 ILCS 130/0.01 et seq.
Current prevailing wage rates for Cook County are determined by the Illinois
Department of Labor. The prevailing wage rates are revised by the Illinois
Department of Labor and are available on the Department’s official website. It is the
responsibility of the City to obtain and comply with any revisions to the rates should
they change during the duration of this Agreement.
11. The City, at its sole cost and expense, shall provide final project design, land
acquisition and remediation, and construction oversight and administrative support
for the Project.
12. The MWRDGC shall reimburse the City for 73.5% of the Project cost, but in no event
shall that amount exceed, Seven Hundred and Fifty Thousand and NO/100 Dollars
($750,000.00) (“Maximum Reimbursement Amount”). All reimbursement provided
by the MWRDGC shall be used exclusively for the construction of green
infrastructure in the Project. For purposes of this Agreement, “construction” shall
mean all work necessary to build the Project as depicted in the Construction
Documents. The City shall be solely responsible for change orders, overruns or any
other increases in cost of the Project. The MWRDGC shall disburse funds to the City
in accordance with the following schedule:
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a. Up to 25% of the Maximum Reimbursement Amount at receipt of invoices for
25% completion of construction;
b. Up to 25% of the Maximum Reimbursement Amount at receipt of invoices for
50% completion of construction;
c. Up to 25% of the Maximum Reimbursement Amount at receipt of invoices for
75% completion of construction; and
d. Subject to the Maximum Reimbursement Amount, the remaining amount
necessary to cover 73.5% of the Project cost shall be paid at receipt of
invoices for final completion and after final inspection by the MWRDGC.
13. The City has spent approximately $45,000.00 on engineering and other design-related
project costs. The City will also contribute approximately $270,000.00 towards
future construction costs, including construction inspection, to be completed before
the close of calendar year 2014.
14. As a condition for reimbursement, the City shall submit copies of construction
invoices to the MWRDGC for the MWRDGC’s review and approval. Reimbursement
provided by the MWRDGC shall not exceed the amount invoiced for the green
infrastructure portion of the Project.
15. The City shall return all funds provided by the MWRDGC if the Project is not
completed within two years of award of the construction contract, unless the
MWRDGC approves extension(s); such approvals shall not be unreasonably
withheld. In the event that the City does not use all of the MWRDGC's disbursed
funds for the Project, the City shall return any unused funds to the MWRDGC within
(sixty) 60 days.
16. After Completion of the Project and for purposes of developing and implementing its
monitoring program under the Consent Decree, the MWRDGC shall have full access,
upon reasonable notice, to the site.
Article 3. Permits and Fees.
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1. Federal, State, and County Requirements. The City shall obtain all federal, state, and
county permits required by law for the construction of the Project, and shall assume any
costs in procuring said permits. Additionally, the City shall obtain all consents and
approvals required by federal, state, and/or county regulations for the construction of the
Project, and shall assume any costs incurred in procuring all such consents and approvals.
2. Maintenance. The City shall prepare an Operations and Maintenance Plan (hereinafter the
“O&M Plan”) for the improvements to be constructed by the City in connection with the
Project, which shall be submitted by the City along with the construction documents to
the MWRDGC for review as required in Article 2. The City shall obtain any and all
permits necessary for the performance of any maintenance work set forth in the O&M
Plan.
Article 4. Property Interests.
1. Prior to construction, the City shall make best efforts to acquire from property owners the
temporary and permanent easements and fee simple title necessary for construction of,
maintenance of, and access to the Project.
2. Should acquisition of property interests via condemnation or otherwise be necessary, the
City shall incur all associated costs, including purchase price and/or easement fee as well
as any attorneys’ fees.
3. Whereupon the City acquires permanent easements for maintenance and access from
property owners, the rights and obligations for maintenance and access shall be the sole
responsibility of the City, with the exception of the joint annual inspections of both the
MWRDGC and the City.
4. The City shall record all easements, licenses or deeds acquired for the Project.
5. The City shall own all of the improvements, constructed for this Project and pursuant to
this Agreement including but not limited to green infrastructure, to retain 155,000 gallons
of stormwater on-site, which will be stored and infiltrated in order to reduce flows to the
sewer system. This will be accomplished by installation of 400 square yards of rain
garden (including excavation and plantings) 360 square yards of bioswale (including
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excavation and plantings), and 4,900 square yards of permeable pavement with a
minimum of 12” stone base. The City will control said improvements’ operation and use.
6. Nothing in this Agreement shall be construed as creating an ownership or property
interest for the MWRDGC in any of the improvements constructed pursuant to this
Agreement.
Article 5. Maintenance and Operation.
1. The City, at its sole cost and expense, shall perpetually maintain and operate the new
infrastructure built as part of the Project, including green infrastructure, and any other
appurtenances associated with this Project in accordance with the O&M Plan to be
prepared by the City.
2. The City shall conduct annual inspections to ensure adequate maintenance. The City
shall prepare a report detailing its annual inspection, observations and conclusions
including whether the Project is operating as designed, functioning, and providing the
intended public benefit. The annual inspection report shall be stamped by a Professional
Engineer licensed by the State of Illinois. The stamped annual inspection report shall be
provided to the MWRDGC within thirty (30) days of completion
3. The MWRDGC shall have the right (including any necessary right of access) to conduct
its own annual inspection upon reasonable notice to the City.
4. In the event of failure of the City to maintain the Project as described above to the
satisfaction of the MWRDGC, the MWRDGC may issue a thirty (30) day written notice
by certified or registered mail to the City directing the City to perform such maintenance.
If maintenance required by the O&M Plan has not been accomplished on or before thirty
(30) days after such notice, the MWRDGC may cause such maintenance to be performed
and the City shall pay the MWRDGC the entire cost the MWRDGC incurred to perform
the required maintenance.
5. In the event of failure of the City to maintain or operate the Project to provide the
intended public benefit, the MWRDGC may demand that some or all of the funding it
provided under this Agreement be returned to the MWRDGC.
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6. In performing their obligations under this Article, the City and MWRDGC shall comply
with all access restrictions and notice requirements set forth in the easements recorded
pursuant to Article 4 of this Agreement.
Article 6. Notification.
1. Bid Advertisement. The City will provide the MWRDGC with 30 days notice prior to
Bid Advertisement for the Project.
2. Construction. The City shall provide the MWRDGC with a construction schedule and
provide the MWRDGC a minimum of 72 hours notice before the following project
milestones:
Start of work
Substantial completion
Completion of work
Article 7. Signage. Wherever green infrastructure is present and visible to the community, signs
shall be prominently displayed setting forth the following information: “This Project is a joint
effort between the City of Evanston and the Metropolitan Water Reclamation District of Greater
Chicago, designed to promote the use of green infrastructure as an effective means of stormwater
management.”
Article 8. Termination by the City. Prior to commencement of Construction of the Project,
the City may, at its option, and upon giving notice to the MWRDGC in the manner provided in
Article 25 below, terminate this Agreement as it pertains to the entire Project. The City shall
return all Project-related funds received from the MWRDGC no later than 14 days following its
termination of the Agreement.
Article 9. Termination by the MWRDGC. Prior to Bid Advertisement of the Project, the
MWRDGC may, at its option, and upon giving notice to the City in the manner provided in
Article 25 below, terminate this Agreement as it pertains to the entire Project.
Article 10. Effective Date. This Agreement becomes effective on the date that the last signature
is affixed hereto.
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Article 11. Duration. Subject to the terms and conditions of Articles 7 and 8 above, this
Agreement shall remain in full force and effect for perpetuity.
Article 12. Non-Assignment. Neither party may assign its rights or obligations hereunder
without the written consent of the other party.
Article 13. Waiver of Personal Liability. No official, employee, or agent of either party to this
Agreement shall be charged personally by the other party with any liability or expenses of
defense incurred as a result of the exercise of any rights, privileges, or authority granted herein,
nor shall he or she be held personally liable under any term or provision of this Agreement, or
because of a party’s execution or attempted execution of this Agreement, or because of any
breach of this Agreement.
Article 14. Indemnification.
The City shall defend, indemnify, and hold harmless the MWRDGC, its Commissioners,
officers, employees, and other agents (“MWRDGC Party”) from liabilities of every kind,
including losses, damages and reasonable costs, payments and expenses (such as, but not limited
to, court costs and reasonable attorneys’ fees and disbursements), claims, demands, actions, suits,
proceedings, judgments or settlements, any or all of which are asserted by any individual, private
entity, or public entity against the District Party and arise out of or are in any way related to: (1)
the design, construction, or maintenance of the Project that is the subject of this Agreement; or
(2) the exercise of any right, privilege, or authority granted to either the MWRDGC or the City
under this Agreement.
Article 15. Representations of the City. The City covenants, represents, and warrants as
follows:
1. The City has full authority to execute, deliver, and perform or cause to be performed this
Agreement;
2. The individuals signing this Agreement and all other documents executed on behalf of the
City are duly authorized to sign same on behalf of and to bind the City;
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3. The execution and delivery of this Agreement, consummation of the transactions provided
for herein, and the fulfillment of the terms hereof will not result in any breach of any of the
terms or provisions of or constitute a default under any agreement of the City or any
instrument to which the City is bound or any judgment, decree, or order of any court or
governmental body or any applicable law, rule, or regulation; and
4. The City has secured necessary funds for this project in addition to funds to be provided by
the MWRDGC under this Agreement.
Article 16. Representations of the MWRDGC. The MWRDGC covenants, represents, and
warrants as follows:
1. The MWRDGC has full authority and financial capacity to execute, deliver, and perform or
cause to be performed this Agreement;
2. The individuals signing this Agreement and all other documents executed on behalf of the
MWRDGC are duly authorized to sign same on behalf of and to bind the MWRDGC; and
3. The execution and delivery of this Agreement, consummation of the transactions provided
for herein, and the fulfillment of the terms hereof will not result in any breach of any of the
terms or provisions of or constitute a default under any agreement of the MWRDGC or any
instrument to which the MWRDGC is bound or any judgment, decree, or order of any court
or governmental body or any applicable law, rule, or regulation.
Article 17. Disclaimers. This Agreement is not intended, nor shall it be construed, to confer any
rights, privileges, or authority not permitted by Illinois law. Nothing in this Agreement shall be
construed to establish a contractual relationship between the MWRDGC and any party other than
the City.
Article 18. Waivers. Whenever a party to this Agreement by proper authority waives the other
party’s performance in any respect or waives a requirement or condition to performance, the
waiver so granted, whether express or implied, shall only apply to the particular instance and
shall not be deemed a waiver for subsequent instances of the performance, requirement, or
condition. No such waiver shall be construed as a modification of this Agreement regardless of
the number of times the performance, requirement, or condition may have been waived.
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Article 19. Severability. If any provision of this Agreement is held to be invalid, illegal, or
unenforceable, such invalidity, illegality, or unenforceability will not affect any other provisions
of this Agreement, and this Agreement will be construed as if such invalid, illegal, or
unenforceable provision has never been contained herein. The remaining provisions will remain
in full force and will not be affected by the invalid, illegal, or unenforceable provision or by its
severance. In lieu of such illegal, invalid, or unenforceable provision, there will be added
automatically as part of this Agreement a provision as similar in its terms to such illegal, invalid,
or unenforceable provision as may be possible and be legal, valid, and enforceable.
Article 20. Necessary Documents. Each party agrees to execute and deliver all further
documents, and take all further action reasonably necessary to effectuate the purpose of this
Agreement. Upon the completion of the Project, the City shall provide the MWRDGC with a
full sized copy of “As-Built” drawings for the Project. The drawings shall be affixed with the
“As-Built” printed mark and must be signed by both the resident engineer and the contractor.
Article 21. Deemed Inclusion. Provisions required (as of the effective date) by law, ordinances,
rules, regulations, or executive orders to be inserted in this Agreement are deemed inserted in
this Agreement whether or not they appear in this Agreement or, upon application by either
party, this Agreement will be amended to make the insertions. However, in no event will the
failure to insert such provisions before or after this Agreement is signed prevent its enforcement.
Article 22. Entire Agreement. This Agreement, and any exhibits or riders attached hereto, shall
constitute the entire agreement between the parties. No other warranties, inducements,
considerations, promises, or interpretations shall be implied or impressed upon this Agreement
that are not expressly set forth herein.
Article 23. Amendments. This Agreement shall not be amended unless it is done so in writing
and signed by the authorized representatives of both parties.
Article 24. References to Documents. All references in this Agreement to any exhibit or
document shall be deemed to include all supplements and/or authorized amendments to any such
exhibits or documents to which both parties hereto are privy.
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Article 25. Judicial and Administrative Remedies. The parties agree that this Agreement and
any subsequent Amendment shall be governed by, and construed and enforced in accordance
with, the laws of the State of Illinois in all respects, including matters of construction, validity,
and performance. The parties further agree that the proper venue to resolve any dispute which
may arise out of this Agreement is the appropriate Court of competent jurisdiction located in
Cook County, Illinois.
This Agreement shall not be construed against a party by reason of who prepared it. Each party
agrees to provide a certified copy of the ordinance, bylaw, or other authority to evidence the
reasonable satisfaction of the other party that the person signing this Agreement for such party is
authorized to do so and that this Agreement is a valid and binding obligation of such party. The
parties agree that this Agreement may be executed in quadruplicate.
The rights and remedies of the MWRDGC or the City shall be cumulative, and election by the
MWRDGC or the City of any single remedy shall not constitute a waiver of any other remedy
that such party may pursue under this Agreement.
Article 26. Tax Exempt Status. The City shall not use or permit to be used or operate the
Project in any manner or for any purpose or take any action or omit to take any action which
could result in loss of the exclusion from gross income for federal income tax purposes of the
interest on any obligations of the MWRDGC or the loss of any credit payment or tax credit to the
MWRDGC or any other party from the United States Treasury (such as, for example, was
available to units of local government for “build America bonds”) (any of such advantages being
“Tax Advantaged Status”), as such Tax Advantaged Status is governed by the federal income tax
laws, as amended from time to time, including but not limited to, Sections 54 through 57, 103,
and 141 through 150 of the Internal Revenue Code of 1986, as amended, and the Treasury
Regulations or any rulings promulgated there under or decisions of any court of competent
jurisdiction (collectively, the “Tax Laws”). The City agrees to provide a certification and
agreement, in the form as attached to this Agreement as Exhibit 5, regarding compliance with the
Tax Laws (the “Tax Agreement”). In the event modification of such form of certification is
required, such modification shall be passed upon by bond counsel to the MWRDGC.
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Article 27. Notices. Unless otherwise stated in this Agreement, any and all notices given in
connection with this Agreement shall be deemed adequately given only if in writing and
addressed to the party for whom such notices are intended at the address set forth below. All
notices shall be sent by personal delivery, UPS, Fed Ex or other overnight messenger service,
first class registered or certified mail, postage prepaid, return receipt requested, or by facsimile.
A written notice shall be deemed to have been given to the recipient party on the earlier of (a) the
date it is hand-delivered to the address required by this Agreement; (b) with respect to notices
sent by mail, two days (excluding Sundays and federal holidays) following the date it is properly
addressed and placed in the U.S. Mail, with proper postage prepaid; or (c) with respect to notices
sent by facsimile, on the date sent, if sent to the facsimile number(s) set forth below and upon
proof of delivery as evidenced by the sending fax machine. The name of this Agreement i.e.,
“INTERGOVERNMENTAL AGREEMENT BY AND BETWEEN THE CITY OF
EVANSTON AND THE METROPOLITAN WATER RECLAMATION DISTRICT OF
GREATER CHICAGO FOR CONSTRUCTION AND PERPETUAL MAINTENANCE OF
CIVIC CENTER PARKING LOT REHABILITATION PROJECT” must be prominently
featured in the heading of all notices sent hereunder.
Any and all notices referred to in this Agreement, or that either party desires to give to the other,
shall be addressed as set forth in Article 28, unless otherwise specified and agreed to by the
parties:
Article 28. Representatives. Immediately upon execution of this Agreement, the following
individuals will represent the parties as a primary contact and receipt of notice in all matters
under this Agreement.
For the MWRDGC: For the City:
Director of Engineering Mayor
Metropolitan Water Reclamation District 2100 Ridge Ave.
of Greater Chicago Evanston, IL 60201
100 East Erie Street Phone: (847) 866 - 2979
Chicago, Illinois 60611 FAX: (847) 866 - 2978
Phone: (312) 751-7905
FAX: (312) 751-5681
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Each party agrees to promptly notify the other party of any change in its designated
representative, which notice shall include the name, address, telephone number and fax number
of the representative for such party for the purpose hereof.
IN WITNESS WHEREOF, the Metropolitan Water Reclamation District of Greater
Chicago and the City of Evanston, the parties hereto, have each caused this Agreement to be
executed by their duly authorized officers, duly attested and their seals hereunto affixed.
CITY OF EVANSTON
BY:
Elizabeth B. Tisdahl, Mayor
DATE: ____________________________________
ATTEST:
Rodney Greene, City Clerk Date
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METROPOLITAN WATER RECLAMATION DISTRICT OF GREATER CHICAGO
______________________________________________________
Chairman of the Committee on Finance Date
_________________________________
Executive Director Date
ATTEST:
_________________________________
Clerk Date
APPROVED AS TO ENGINEERING, OPERATIONS, AND TECHNICAL MATTERS:
_______________________________________
Engineer of Stormwater Management Date
_______________________________________
Assistant Director of Engineering Date
_______________________________________
Director of Engineering Date
_______________________________________
Director of Maintenance and Operations Date
_______________________________________
Director of Monitoring and Research Date
APPROVED AS TO FORM AND LEGALITY:
_______________________________________
Head Assistant Attorney Date
_______________________________________
General Counsel Date
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For City Council meeting of September 22, 2014 Item A9
Resolution 72-R-14: Sustainable Municipal Water Management Scorecard
For Action
To: Honorable Mayor and Members of the City Council
Administration and Public Works Committee
From: David Stoneback, Utilities Director
Lara Biggs, Superintendent – Construction & Field Services
Subject: Resolution 72-R-14 - Great Lakes and St. Lawrence Cities Initiative
(“GLSLCI”) Sustainable Municipal Water Management Scorecard
Date: September 9, 2014
Recommended Action:
Staff recommends City Council adoption of Resolution 72-R-14 accepting the
Sustainable Municipal Water Management Scorecard evaluation of Evanston’s
integrated water management policies.
Summary:
The Great Lakes and St. Lawrence Cities Initiative (“GLSLCI”) is a coalition of mayors
and other local officials from the United States and Canada that works with federal,
state and provincial governments to advance the protection and restoration of the Great
Lakes and the St. Lawrence River. The City of Evanston has been a member of this
organization since 2007.
In 2012, the organization and its members adopted a Declaration of Sustainable
Municipal Water Management, providing a scorecard for members to report publicly on
progress towards achieving effective management in six areas of performance related
to water. The six principles of sustainable municipal water management are:
1. Water Conservation and Efficiency
2. Shared Water Stewardship
3. Shoreline and Waterways Restoration
4. Water Pollution Prevention
5. Water Protection Planning
6. Water Preparedness for Climate Change
Within the six principles are 25 individual milestones that cut across traditional municipal
delivery areas, from water and wastewater services, land use planning, parks and
Memorandum
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recreation, and to financing. By evaluating best management practices in all of these
areas, a municipality can report a complete picture of integrated sustainable water
management.
Staff has evaluated Evanston using the GLSLCI Sustainable Municipal Water
Management framework. Evanston’s scorecard is attached for your reference. In most
cases, Evanston scores very well. In areas of water conservation, public engagement,
shoreline restoration, and sustainable land use and building practices, Evanston
consistently demonstrates policies and actions to protect and manage the area’s water
supply.
While Evanston performs very well in most areas, the scorecard highlights a few areas
for improvement. The most notable of these are:
1. True cost pricing of water (Milestone 1.3) – Since 2011, Evanston has relied
on bonds to finance a high percentage of water capital improvement projects.
Evanston is proposing a 10% rate increase in 2015 to reduce future bond
sales.
2. Water preparedness for climate change (Milestones 6.1, 6.2, 6.3) – Evanston
has not yet completed a vulnerability assessment related to climate change
impacts. However, this work is planned in conjunction with the University of
Michigan. Once an initial assessment is completed, follow-up emergency
response plans can be developed.
Evanston’s Sustainable Municipal Water Management Scorecard Report is available on
the City of Evanston website. This report provides a detailed assessment of each
milestone and documents Evanston unwavering commitment to integrated water
management practices.
Attachments:
Resolution 72-R-14
Evanston Scorecard
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9/11/2014
72-R-14
A RESOLUTION
To Adopt the Sustainable Municipal Water Management Scorecard Evaluation of
Evanston’s Integrated Water Management Policies
WHEREAS, the Great Lakes and St. Lawrence Cities Initiative (“GLSLCI”) is a
coalition of mayors and other local officials from the United States and Canada that
works with federal, state and provincial governments to advance the protection and
restoration of the Great Lakes and the St. Lawrence River; and
WHEREAS, the City of Evanston has been a member of this organization since
2007; and
WHEREAS, GLSCSI adopted a Declaration of Sustainable Municipal Water
Management in 2012, providing a scorecard for members to report publicly on progress
towards achieving effective management in six areas of performance related to water;
and
WHEREAS, by evaluating best management practices in all of these areas,
Evanston can report a complete picture of integrated sustainable water management;
and
WHEREAS, the City of Evanston has completed an evaluation using the
Sustainable Municipal Water Management Scorecard,
NOW BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
EVANSTON, COOK COUNTY, ILLINOIS, THAT:
SECTION 1: The foregoing recitals are incorporated herein by reference as
though fully restated.
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72-R-14
SECTION 2: The City of Evanston endorses and supports the GLSCSI
Sustainable Municipal Water Management Scorecard framework for evaluating
Evanston’s integrated water management policies.
SECTION 3: The Director of Utilities may provide an annual update to City
Council on Evanston’s Sustainable Municipal Water Management Scorecard.
SECTION 4: Nothing in this Resolution 72-R-14 shall be construed or held to
abrogate or limit the City’s immunities under the Illinois Tort Immunity Act, 745 ILCS
10/1 et seq.
SECTION 5: That this Resolution 72-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
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Principles Milestone Rating
1. WATER
CONSERVATION
AND EFFICIENCY
1.1 Promote water conservation
1.2 Install water meters
1.3 Set the right price
1.4 Minimize water loss
1.5 Increase water reuse and recycling
2. SHARED WATER
STEWARDSHIP
2.1 Raise public awareness
2.2 Engage the public
3. SHORELINE AND
WATERWAYS
RESTORATION
3.1 Protect and restore shorelines and riparian corridors, and control erosion
3.2 Increase public access to shorelines, riverbanks, and waterfronts
3.3 Protect habitats
4. WATER
POLLUTION
PREVENTION
4.1 Prevent pollutants from entering the sewage collection system
4.2 Remove pollutants from wastewater treatment plant effluent
4.3 Reduce stormwater entering waterways
4.4 Monitor and respond to sources of pollution
4.5 Improve beach quality
4.6 Reduce sodium chloride entering waterways
5. WATER
PROTECTION
PLANNING
5.1 Adopt council-endorsed commitment to sustinable water management
5.2 Integrate water policies into land use plan
5.3 Collaborate on a watershed-scale
5.4 Adopt green infrastructure
5.5 Value ecological functions
6. WATER
PREPAREDNESS
FOR CLIMATE
CHANGE
6.1 Conduct a vulnerability assessment
6.2 Address vulnerability
6.3 Adapt emergency response plant
6.4 Mitigate contribution to climate change
Evanston Sustainable Water Scorecard
Significant progress Milestone adopted or completed
LEGEND
Trend Indicators Status Indicators
Some progress/intiative started Milestone being adopted
Not Started Milestone not started
Not applicable186 of 519
Agenda Item A10
To: Members of the City Council
From: Mayor Elizabeth B. Tisdahl
Subject: Amended Contract for City Manager
Date: September 17, 2014
On August 12, 2014, the City Council met in Executive Session to complete the annual
review of City Manager Wally Bobkiewicz. This evaluation marked the completion of
five years of service for Mr. Bobkiewicz as Evanston’s City Manager.
The last five years have been a time of change for Evanston. The City has weathered
severe financial difficulties without raising property tax for General Fund expenditures
and not negatively impacting city services. The City has made significant progress in
better funding of its pension funds. Economic Development has been the top priority of
this City Council. The City has enjoyed great successes with both new and existing
businesses thriving in our community. Customer service has improved significantly with
the creation of 3-1-1. The City is recognized as a national leader in the areas of
sustainability, community engagement and transparency. The City has actively
addressed youth issues with more youth engaged in activities and working in jobs than
ever before. The City has also navigated the difficult process of dissolving Evanston
Township and now is providing even better services to community members in need.
City Manager Wally Bobkiewicz, along with the excellent team he has assembled, has
been a key figure in all of these achievements
The City Council and I gave the City Manager an outstanding performance review. In
recognition of the City Manager’s service, the City Council requested that I work with the
City Manager and Corporation Counsel to draft an amended contract for Mr. Bobkiewicz
to reflect the following changes:
1. A general salary increase of 2.6% retroactive to January 1, 2014.
2. A merit salary increase of 1% retroactive to January 1, 2014.
3. A reduction of the City Manager’s $200,000 home loan from the City of
Evanston to $190,000.
4. Inclusion of language in the agreement that reflects a change granted in 2013
to provide 2x annual salary in life insurance.
Memorandum
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The attached contract reflects these changes, along with the removal of language
pertaining to initial location to Evanston by the City Manager which is no longer valid.
The City Council and I thank Mr. Bobkiewicz for his service to the residents of Evanston
and look forward to working with him in the years ahead.
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8/27/2014
74-R-14
A RESOLUTION
Authorizing the Mayor to Enter into
An Amended and Restated Employment Contract
For City Manager Wally Bobkiewicz
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
EVANSTON, COOK COUNTY, ILLINOIS:
SECTION 1: That the Mayor is hereby authorized to enter into an
Amended and Restated Employment Contract for City Manager Wally
Bobkiewicz, marked as Exhibit A.
SECTION 2: That this Resolution shall be in full force and effect
from and after its passage and approval in the manner provided by law.
_______________________________
Elizabeth B. Tisdahl, Mayor
Attest:
______________________________
Rodney Greene, City Clerk
Adopted: __________________, 2014
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EXHIBIT A
Employment Contract
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EMPLOYMENT AGREEMENT
WHEREAS, the City of Evanston ("City") desires to continue to employ
Walter J. Bobkiewicz, III, as City Manager (“Bobkiewicz”), under the terms and
conditions hereinafter set forth; and
WHEREAS, the City and Bobkiewicz wish to amend and restate the
terms of the employment of Bobkiewicz as City Manager ;
NOW, THEREFORE, IT IS AGREED by and between the parties as
follows:
1. In accordance with Evanston City Code (“ECC”) § 1-8-1, the City of
Evanston employs Bobkiewicz in the position of City Manager at an annual salary of
Two Hundred One Thousand and Fifty Eight Dollars($201,058) per year.
This annual salary is effective January 1, 2014, and any retroactive salary amounts
owed to Bobkiewicz shall correspond to this effective date. This amount may be
adjusted as provided below. Unless otherwise provided in this Agreement, or by
other City action, Bobkiewicz will devote his full time and energies to perform the
functions and duties specified by statute and relevant City ordinances and
resolutions of City Manager, and to perform such other legally permissible and
proper duties and functions as City may from time to time assign. The City will not
intervene with the execution of the City Manager’s powers and duties as provided by
the ECC (including, without limitation, ECC §§ 1-8-1, et seq.) or other applicable law.
Bobkiewicz is expected to conform to the ICMA Code of Ethics and must comply
with Title 1, Chapter 8 of the ECC.
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2. This Agreement becomes effective on September 22, 2014. . In
accordance with Section 1-8-1 of the City of Evanston Code, , unless terminated, the
term of this Agreement is indefinite.
3. The City Council shall conduct an annual evaluation of Bobkiewicz's
performance in writing on March 1 in conjunction with Merit Review/COLA per the
Executive Benefits policy. Any adjustment in salary shall be made following such
evaluation and shall become effective on his most recent anniversary date or such
other date hereinafter as the City may specify. The evaluation shall be in accordance
with specific criteria developed jointly by the City and Bobkiewicz. Said criteria may
be added to or deleted from as the City may from time to time determine in
consultation with Bobkiewicz.
4. Bobkiewicz shall participate in the Illinois Municipal Retirement Fund in
accordance with applicable law. Bobkiewicz shall contribute such portion of his
salary as required by applicable law, and the City shall contribute on Bobkiewicz’s
behalf in accordance with applicable law.
5. In addition to the salary hereinabove provided, the City shall pay on
Bobkiewicz's behalf an annual deferred compensation in the amount of Ten
Thousand Dollars ($10,000) to a qualified tax deferred plan.
6. The City shall pay Bobkiewicz a car allowance in the amount of Five
Hundred Dollars ($500) per month to compensate him for the use of his personal
vehicle for City business. In addition, the City will reimburse Bobkiewicz at current
IRS rates for utilization of his private vehicle for City business outside the six county
Chicago metropolitan area. Bobkiewicz shall provide the City, on an ongoing basis,
with evidence that he has in force and effect a reasonable policy of liability insurance
covering his operation of his personal vehicle while on City business.
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7. The City shall provide health and dental insurance for Bobkiewicz and his
spouse and eligible dependents in accordance with the plan offered to other full-time
executive staff employees of the City. Bobkiewicz will pay the applicable monthly
contribution for such health and dental coverage. The City shall pay for term life
insurance insuring Bobkiewicz’s life, with a beneficiary to be named by Bobkiewicz,
in an amount equal to two times (2x) Bobkiewicz’s annual salary.
8. Sick leave shall be accrued at the rate of one-half day per month for the
first six months of employment, and one day per month thereafter, all in accordance
with the sick leave program offered to executive staff members set forth in the
appendix to this Agreement.
9. Bobkiewicz shall be entitled to annual vacation in the amount of four (4)
weeks in addition to four (4) floating holidays. Additional vacation shall be awarded
in accordance with the Executive Staff Benefits policy. 10. If the City adopts the
Retirement Health Savings Plan (R.H.S.P.) as an additional benefit for the Chief of
Police or any other department director, Bobkiewicz shall be entitled to participate in
the Plan in accordance with the terms and conditions thereof.
11. Bobkiewicz shall maintain a residence in Evanston throughout the duration of
his employment as City Manager. 12. The City shall maintain an interest-free loan
available to Bobkiewicz in the amount of up to $190,000 applicable to his
residence in Evanston. The terms of the loan shall be zero (0) interest for as long as
Bobkiewicz is the City Manager. The City shall have a lien on the property
subordinate to the first mortgage, and all terms of the previously recorded mortgage
dated June 13, 2011 remain in full force and effect. The loan shall be repaid at the
earlier of the following two dates: (1) one (1) year after the date of termination of his
employment as City Manager; or (2) the date of the closing of the sale of the
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6
property. For the period between the date of termination of Bobkiewicz’s
employment and the date of repayment, Bobkiewicz shall pay the City four percent
(4%) interest on the outstanding loan balance. Bobkiewicz shall pay federal and
state income taxes annually on the imputed interest on the loan in accordance with
IRS and Illinois Department of Revenue regulations.
13. If Bobkiewicz's employment is terminated by action of the City,
Bobkiewicz shall receive a lump sum of cash payment in the amount of nine (9)
months of base salary. In addition, the City will continue all of Bobkiewicz’s health
benefits, including dependents, for a period of nine (9) months following termination.
If Bobkiewicz leaves voluntarily, he will be entitled to compensation for accrued and
unused vacation days, floating holidays, and sick days (up to 35 days), but he shall
not receive any severance pay. Severance shall not be paid if it is determined by the
City Council that termination is required by reason of the willful breach or habitual
neglect of the duties that Bobkiewicz is required to perform under the terms of this
Agreement; conviction of any felony; conviction of any crime involving moral
turpitude. In the event Bobkiewicz voluntarily resigns, he shall provide the City with
60 days notice in advance unless all parties otherwise agree. In said event, the City
shall not be required to pay described severance benefit but shall pay accrued
vacation and sick leave per Executive Benefits policy.
14. The City shall pay reasonable annual dues to professional organizations
such as (but not limited to) ICMA, ILCMA, and local chapter meetings of any such
organization, as determined by Bobkiewicz. The City shall pay expenses for
professional development and related travel expenses for one national one state
conference as well as expenses for local professional development opportunities.
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7
The City shall pay dues and meals for membership in local Rotary Club. All other
expenses of membership to be borne by Bobkiewicz. Bobkiewicz will secure most
favorable rate for Rotary membership. In addition, Bobkiewicz may attend an annual
spring meeting of the International Committee of ICMA on City time for a duration not
to exceed three work days. All other expenses for this activity will be borne by
Bobkiewicz.
15. Beyond that required under Federal, State or Local law, the City shall
defend, save harmless and indemnify Bobkiewicz against any tort, professional
liability claim or demand or other legal actions, whether groundless or otherwise,
arising out of an alleged act or omission occurring in the performance of
Bobkiewicz's duties as City Manager or resulting from the exercise of judgment or
discretion in connection with the performance of program duties or responsibilities,
unless the loss resulted from Bobkiewicz’s willful acts, gross negligence, or criminal
acts. Bobkiewicz may request and the City shall not unreasonably refuse to provide
independent legal representation at the City's expense and the City may not
unreasonably withhold approval. Legal representation, provided by the City for
Bobkiewicz, shall extend until a final determination of the legal action including any
appeals brought by either party. The City shall indemnity Bobkiewicz against any
and all losses, damages, judgments, interest, settlements, fines, court costs and
other reasonable costs and expenses of legal proceedings including attorneys fees,
and any other liabilities incurred by, imposed upon, or suffered by Bobkiewicz in
connection with or resulting from any claim, action, suit or proceeding, actual or
threatened, arising out of or in connection with the performance of his duties. Any
settlement of any claim must be made with prior approval of the City in order for
indemnification, as provided in this Section, to be available. The Parties agree that
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8
this Section will survive the termination of this Agreement and Bobkiewicz’s
employment. The City’s obligations under this Section apply whether Bobkiewicz is
or is not employed by the City at the time any such claim, demand, action, loss or
charge is made or occurs, as the case may be so long as the action giving rise to
the claim occurred during the time Bobkiewicz was employed by the City.
16. The City shall bear the cost of any fidelity or other bonds required of
Bobkiewicz under any law or ordinance.
17. Notice pursuant to this Agreement shall be given by depositing said notice
in the custody of the United States Postal Services, postage prepaid, certified mail
return receipt requested, addressed as follows:
1. City of Evanston
Attn: Mayor
2100 Ridge Avenue
Evanston, IL 60201
2. Walter J. Bobkiewicz, III
2100 Ridge Avenue
Evanston, IL 60201
Alternatively, notice required pursuant to this Agreement may be personally
served in the same manner as is applicable to civil judicial practice. Notice shall be
deemed given as of the date of personal service or as the date of deposit of such
written notice in the course of transmission in the United States Postal Service.
18. The invalidity or partial invalidity of any portion of this Agreement will not
affect the validity of any other provision. In the event that any provision of this
Agreement is held to be invalid, the remaining provisions shall be deemed to be in
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9
full force and effect as if they have been executed by both parties subsequent to the
expunge net or judicial modification of the invalid provision.
19. This Agreement may be changed or amended by the mutual written
consent of the City and Bobkiewicz. Any benefits to Bobkiewicz under this
Agreement may be increased or added to by motion of the City Council without
formal amendment to the Agreement.
20. This Agreement contains the entire agreement between the parties
relating to the rights herein granted and the obligations herein assumed. Any oral
representations or modifications concerning this instrument will be of no force or
effect excepting a subsequent modification in writing signed by the City and
Bobkiewicz.
IN WITNESS WHEREOF, the parties hereto have placed their hands and seals
this ____________ day of September , 2014.
WALTER J. BOBKIEWICZ, III CITY OF EVANSTON
____________ By: ____________
Mayor Elizabeth Tisdahl
ATTEST:
______________
City Clerk
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10
198 of 519
6/23/2009
6/10/2009
53·R·09
A RESOLUTION
Authorizing the Mayor to Enter into
An Employment Contract For
A City Manager
~_::o_."",,;-_~_. _
~hl,Mayor
~
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Adopted: ~l.'L. . 2009
199 of 519
EXHIBIT A
Employment Contract
200 of 519
EMPLOYMENT AGREEMENT
WHEREAS,the City of Evanston ("City") desires to employ Walter J.
Bobkiewicz, III, as City Manager, under the terms and conditions hereinafter set
forth; and
WHEREAS,Walter J. Bobkiewicz, III ("Bobkiewicz") is willing to assume the
position of City Manager of the City of Evanston under the terms and conditions as
herein set forth; and
WHEREAS,the City and Bobkiewicz have determined that the employment
of Bobkiewicz as City Manager is in the best interests of the parties;
NOW, THEREFORE, IT IS AGREED by and between the parties as
follows:
1. In accordance with Evanston City Code ("ECC")§1-8-1, the City of
Evanston employs Bobkiewicz in the position of City Manager at the initial annual
salary of One Hundred Eighty Five Thousand Dollars ($185,000) per year. This
amount may be adjusted as provided below. Unless otherwise provided in this
Agreement, or by other City action, Bobkiewicz will devote his full time and energies
to perform the functions and duties specified by statute and relevant City ordinances
and resolutions of City Manager, and to perform such other legally permissible and
proper duties and functions as City may from time to time assign. The City will not
intervene with the execution of the City Manager's powers and duties as provided by
the ECC (including, without limitation, ECC §§1-8-1,et seq.) or other applicable law.
Bobkiewicz is expected to conform to the ICMA Code of Ethics and must comply
with Title 1, Chapter 8 of the ECC.
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2. This Agreement becomes effective on June 22,2009. Bobkiewicz's
employment as City Manager shall commence on August 3,2009. In accordance
with ECC §1-8-1, unless terminated, the term of this Agreement is indefinite.
3. The City Council shall conduct an annual evaluation of Bobkiewicz's
performance in writing on March 1 in conjunction with Merit Review/COLA per the
Executive Benefits policy. The City Council may choose to contract with an outside
consultant to perform the first annual evaluation which will include interviewing the
Mayor and each member of the City Council regarding the City Manager's
performance and preparing a report for the entire City Council to use in evaluating
the City Manager. Any adjustment in salary shall be made following such evaluation
and shall become effective on his most recent anniversary date or such other date
hereinafter as the City may specify. The evaluation shall be in accordance with
specific criteria developed jointly by the City and Bobkiewicz. Said criteria may be
added to or deleted from as the City may from time to time determine in consultation
with Bobkiewicz.
4. Bobkiewicz shall participate in the Illinois Municipal Retirement Fund in
accordance with applicable law. Bobkiewicz shall contribute such portion of his
salary as required by applicable law, and the City shall contribute on Bobkiewicz's
behalf in accordance with applicable law.
5. In addition to the salary hereinabove provided, the City shall pay on
Bobkiewicz's behalf an annual deferred compensation in the amount of Ten
Thousand Dollars ($10,000) to a qualified tax deferred plan.
6. The City shall pay Bobkiewicz a car allowance in the amount of Five
Hundred Dollars ($500) per month to compensate him for the use of his personal
vehicle for City business. In addition, the City will reimburse Bobkiewicz at current
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IRS rates for utilization of his private vehicle for City business outside the six county
Chicago metropolitan area. Bobkiewicz shall provide the City, on an ongoing basis,
with evidence that he has in force and effect a reasonable policy of liability insurance
covering his operation of his personal vehicle while on City business.
7. The City shall provide health and dental insurance for Bobkiewicz and his
spouse and eligible dependents in accordance with the plan offered to other full-time
executive staff employees of the City. Bobkiewicz will pay the applicable monthly
contribution for such health and dental coverage. The City shall pay for term life
insurance insuring Bobkiewicz's life, with a beneficiary to be named by Bobkiewicz,
in an amount equal to Bobkiewicz's annual salary.
8. Sick leave shall be accrued at the rate of one-half day per month for the
first six months of employment, and one day per month thereafter, all in accordance
with the sick leave program offered to executive staff members set forth in the
appendix to this Agreement. In addition, the City shall provide Bobkiewicz with 12
days sick leave on the first day of his employment.
9. Bobkiewicz shall be entitled to annual vacation in the amount of four (4)
weeks in addition to four (4) floating holidays. Additional vacation shall be awarded
in accordance with the Executive Staff Benefits policy. In addition, the City shall
provide Bobkiewicz with one week's vacation on the first day of his employment.
10. If the City adopts the Retirement Health Savings Plan (R.H.S.P.) as an
additional benefit for the Chief of Police or any other department director, Bobkiewicz
shall be entitled to participate in the Plan in accordance with the terms and
conditions thereof.
11. Bobkiewicz shall establish a residence in Evanston by August 31,2009 and
shall maintain a residence in Evanston throughout the duration of his employment as
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City Manager. The City shall pay reasonable moving expenses from Bobkiewicz's
current residence to the new residence in Evanston. Bobkiewicz will secure two
estimates for moving expenses and will utilize the lowest estimate. The estimates
will be made available to the City. In addition, the City will reimburse Bobkiewicz up
to $750 for a relocation trip of primary automobile from California to Illinois. The City
will also provide Bobkiewicz with two paid trips to Evanston prior to his date of
employment. One trip will be to attend the June 22 council meeting and one
additional trip. The City will reimburse expenses for one trip for Bobkiewicz's
spouse.
12. The City shall provide an interest-free loan available to Bobkiewicz in the
amount of up to $200,000 toward the purchase of his new residence in Evanston.
The terms of the loan shall be zero (0) interest for as long as Bobkiewicz is the City
Manager. The City shall have a lien on the property subordinate to the first
mortgage, and Bobkiewicz shall execute such documents as may be necessary to
create this lien. The loan shall be repaid at the earlier of the following two dates: (1)
one (1) year after the date of termination of his employment as City Manager; or (2)
the date of the closing of the sale of the property .. For the period between the date
of termination of Bobkiewicz's employment and the date of repayment, Bobkiewicz
shall pay the City four percent (4%) interest on the outstanding loan balance.
Bobkiewicz shall pay federal and state income taxes annually on the imputed
interest on the loan in accordance with IRS and Illinois Department of Revenue
regulations.
13. If Bobkiewicz's employment is terminated by action of the City,
Bobkiewicz shall receive a lump sum of cash payment in the amount of nine (9)
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months of base salary. In addition, the City will continue all of Bobkiewicz's health
benefits, including dependents, for a period of nine (9) months following termination.
If Bobkiewicz leaves voluntarily, he will be entitled to compensation for accrued and
unused vacation days, floating holidays, and sick days (up to 35 days), but he shall
not receive any severance pay. Severance shall not be paid if it is determined by the
City Council that termination is required by reason of the willful breach or habitual
neglect of the duties that Bobkiewicz is required to perform under the terms of this
Agreement; conviction of any felony; conviction of any crime involving moral
turpitude. In the event Bobkiewicz voluntarily resigns, he shall provide the City with
60 days notice in advance unless all parties otherwise agree. In said event, the City
shall not be required to pay described severance benefit but shall pay accrued
vacation and sick leave per Executive Benefits policy.
14. The City shall pay reasonable annual dues to professional organizations
such as (but not limited to) ICMA, ILCMA, and local chapter meetings of any such
organization, as determined by Bobkiewicz. The City shall pay expenses for
professional development and related travel expenses for one national one state
conference as well as expenses for local professional development opportunities.
The City shall pay dues and meals for membership in local Rotary Club. All other
expenses of membership to be borne by Bobkiewicz. Bobkiewicz will secure most
favorable rate for Rotary membership. In addition, Bobkiewicz may attend an annual
spring meeting of the International Committee of ICMA on City time for a duration not
to exceed three work days. All other expenses for this activity will be borne by
Bobkiewicz.
15. In March 2010, City Council will review with Bobkiewicz any outside part-
time teaching opportunities Bobkiewicz may wish to pursue in the following year
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provided such opportunities do not interfere with job performance or present a
conflict of interest.
16. Beyond that required under Federal, State or Local law, the City shall
defend, save harmless and indemnify Bobkiewicz against any tort, professional
liability claim or demand or other legal actions, whether groundless or otherwise,
arising out of an alleged act or omission occurring in the performance of
Bobkiewicz's duties as City Manager or resulting from the exercise of judgment or
discretion in connection with the performance of program duties or responsibilities,
unless the loss resulted from Bobkiewicz's willful acts, gross negligence, or criminal
acts. Bobkiewicz may request and the City shall not unreasonably refuse to provide
independent legal representation at the City's expense and the City may not
unreasonably withhold approval. Legal representation, provided by the City for
Bobkiewicz, shall extend until a final determination of the legal action including any
appeals brought by either party. The City shall indemnity Bobkiewicz against any
and all losses, damages, judgments, interest, settlements, fines, court costs and
other reasonable costs and expenses of legal proceedings including attorneys fees,
and any other liabilities incurred by, imposed upon, or suffered by Bobkiewicz in
connection with or resulting from any claim, action, suit or proceeding, actual or
threatened, arising out of or in connection with the performance of his duties. Any
settlement of any claim must be made with prior approval of the City in order for
indemnification, as provided in this Section, to be available. The Parties agree that
this Section will survive the termination of this Agreement and Bobkiewicz's
employment. The City's obligations under this Section apply whether Bobkiewicz is
or is not employed by the City at the time any such claim, demand, action, loss or
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1. City of Evanston
Attn: Mayor
2100 Ridge Avenue
Evanston,IL 60201
2. Walter J. Bobkiewicz, III
;;({0 0 /«(~l~jL !tv 12-VI,)€...
f.Jd.~~~1'1 -r:L ~o 2-0 I!
207 of 519
this 3D -Ii day of June, 2009.----------
ATT. ~
~
....City Clerk
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1. Accrual: Y2day/month for six months, 1 day/month thereafter
Maximum accrual of 275 days
2.Annual payout: An employee with 45 days of sick leave accrued as of
January 1 in a calendar year is eligible in December of that calendar year for
payment, contribution to deferred compensation plan, or no payout for up to
five days, based on usage during that calendar year. (E.g., no days used,
eligible for 5 days payment, 1 day used, eligible for 4 days payment, etc.)
3. Terminating payout: An employee who resigns or retires in good standing
with five years of service or more is eligible to receive 75% of accrued sick
leave days over 20, to a maximum payment of 35 days.
4. Pension service credit: IMRF participants who are retiring may utilize unpaid,
unused sick leave for additional service credit.
209 of 519
For City Council meeting of September 22, 2014 Item A11
Resolution 76-R-14: Supporting Comments on Rail Tank Car Safety
For Action
To: Honorable Mayor and Members of the City Council
Administration and Public Works Committee
From: Ylda Capriccioso, Intergovernmental Affairs Coordinator
Subject: Resolution 76-R-14 Supporting Comments on the Proposed Rulemaking
on Rail Tank Car Safety
Date: September 9, 2014
Recommended Action:
Mayor Tisdahl requests City Council adoption of Resolution 76-R-14 supporting
comments on the proposed rulemaking on rail tank car safety.
Summary:
This resolution is in response to a request made at the September Northwest Municipal
Conference Board meeting. Barrington President Karen Darch requested local
governments to take action to support comments submitted to the Pipeline and
Hazardous Materials Safety Administration (PHMSA) that would seek improved
performance standards for new rail tanks cars carrying liquid hazmat in recognition that
the current tank cars have a high tendency to puncture in accidents.
The attached resolution outlines the concerns and risks if improved safety standards are
not adopted through the rulemaking process. The resolution expresses the City’s
support of the comments submitted by communities potentially affected by derailments
that include liquid hazmat.
If approved, the resolution will be forward to PHMSA to indicate our support for the
NPRM changes detailed in the comments. Additional copies will also be sent to our
Congressional representatives.
Attachments
Resolution 76-R-14
TRAC White Paper
Memorandum
210 of 519
9/16/2014
76-R-14
A RESOLUTION
Regarding Notice of Proposed Rulemaking Proceedings
“Hazardous Materials: Enhanced Tank Car Standards and
Operational Controls for High-Hazard Flammable Trains ” Before
the Pipelines and Hazardous Materials Safety Administration in
Docket No. PHMSA-2012-0082 (HM-251)
WHEREAS, each day, rail freight operations impact thousands of
villages, towns, cities and counties across all regions of the United States of
America; and
WHEREAS, safe rail operations are of critical interest to local units
of government based on the need to prevent catastrophic accidents like the one
that occurred in Lac-Megantic, Canada in July 2013 as well as several others
since then; and
WHEREAS, local governments have the responsibility to provide
emergency response to manage the impact of rail accidents and derailments in
communities across the country and to oversee clean up and environmental
remediation; and
WHEREAS, clean up, environmental remediation, medical
expenses other personal injury damages or wrongful death claims for community
residents have the potential to surpass the rail industry’s ability to pay for them;
and
WHEREAS, ethanol, crude oil, and other flammable Class 3
hazmat are a large and exponentially growing segment of rail freight being
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76-R-14
~ 2 ~
shipped across the nation and will continue as a growing and market-flexible
transport mode for this hazmat; and
WHEREAS, since 1991, it has been known to industry and federal
regulators that there are safety-related defects in the DOT-111 tank car that
serves as the primary tank car used in the shipping of these hazardous
flammable materials via freight rail; and
WHEREAS, the federal Pipelines and Hazardous Materials Safety
Administration (PHMSA) regulates the safe transport of hazardous materials by
railroads in the United States with the mission “to protect people and the
environment from the risks of hazardous materials transportation”; and
WHEREAS, the business decisions of railroad companies and
hazardous material shippers impact the safety, environment, and emergency
response systems in the communities in which the freight railroads traverse, but
state and local governments have no ability to regulate railroad operations; and
WHEREAS, industry has failed to act in the last two decades to
correct the known safety deficiencies in DOT-111 tank cars despite repeated
National Transportation Safety Board warnings, and waited until 2011 to seek
government approval to upgrade safety standards for tank cars meant to carry
liquid hazmat; and
WHEREAS, the comments submitted to PHMSA on December 5,
2013 by Barrington, Illinois and the Illinois TRAC Coalition reflect the point of
view of local governments, which is supported by recommendations of the
National Transportation Safety Board, that changes are needed in federal
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76-R-14
~ 3 ~
regulations and/or law to better protect public safety relative to tank car safety
standards; and
WHEREAS, the August 1, 2014 NPRM released by PHMSA
proposed various regulatory options for improving the crashworthiness of tank
cars consisting of three standards of robustness and Option 1 is the best solution
for maximizing the crashworthiness of tank c ars and will best protect the public’s
safety; and
WHEREAS, the NPRM undercuts the strength of the proposed
rules by limiting its coverage to only “high-hazard flammable trains” (HHFTs),
defined as trains composed of 20 or more cars of Class 3 flammable liquids, and
thereby exempts over 40% of rail car origins involving Class 3 hazmat
commodities; and
WHEREAS, placed in the 2012 data context provided by PHMSA,
this exempts from improved safety regulations 281,404 tank car originations
annually – or 771 carloads of flammable hazmat traveling each day of the year
in deficient tank cars throughout the United States; and
WHEREAS, if PHMSA does not bar the use of DOT-111 tank cars
for all flammable hazmat service in its new regulations, those deficient tank car
will be allowed to carry dangerous liquid hazmat for the remainder of their useful
life (up to another 40 years); and
WHEREAS, any regulatory solution should solve the whole
problem and not provide the public with a false sense of security around the rail
transport of hazmat because federal Hazardous Materials Regulations (HMR) are
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76-R-14
~ 4 ~
designed “to ensure that hazardous materials are packaged safely” – meaning
ALL hazmat, and not just large quantities; and,
WHEREAS, PHMSA’s rationale for limiting the coverage of its new
rules to HHFTs is not supported by the evidence the agency provides from its
review of 46 mainline derailments that occurred between 2006 and 2013, in that
those derailments show that the breach of even a single or a small number of
tank cars can result in a significant release of hazmat; and
WHEREAS, a DOT-111 tank car is too dangerous for the shipment
of any Class 3 hazmat and allowing a regulatory gap that extends their use for
this transport will likely encourage industry to make operational changes that will
continue to endanger the public and pose an environmental hazard; and
WHEREAS, it is critical in the event of a hazardous materials rail
incident that local emergency responders are prepared and have access to
adequate resources to appropriately respond; and
WHEREAS, preparation begins with local responder knowledge of
what hazardous material is passing through a locality and the proper response
beforehand, and
WHEREAS, railroads have the ability to inform local emergency
responders about the hazmat threat to their localities and provide training for
response to such, including information about the location and sufficiency of
railroad assets which can be deployed to assist in an emergency response, and
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76-R-14
~ 5 ~
WHEREAS, railroads have the ability to make the existence and
location of hazardous cargo consists available promptly and directly to local
emergency responders in the event of a rail incident;
NOW BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF EVANSTON, COOK COUNTY, ILLINOIS:
SECTION 1: The City of Evanston supports comments seeking to
insure that all tank cars used in the transport of Class 3 flammable hazmat, not
only those in HHFTs, will be covered by the agency’s new rules.
SECTION 2: The City of Evanston supports comments supporting
the Option 1 tank car standards, as that maximizes the crashworthiness and
best protects public safety, as outlined in detail in Docket No. PHMSA-2012-
0082 (HM-251).
SECTION 3: The City of Evanston supports comments seeking to
require railroads to provide to local emergency responders: adequate and
timely information about the hazmat traveling through their jurisdictions,
sufficient training to prepare for emergencies, including response support from
the railroads transporting such hazmat in order to provide an effective and
coordinated response to hazmat rail incidents.
SECTION 4: This Resolution 76-R-14 shall be in full force and
effect from and after its passage and approval in the manner provided by law.
SECTION 5: This adopted Resolution 76-R-14 shall be sent to the
Pipelines and Hazardous Materials Safety Administration in Docket No.
PHMSA-2012-0082 (HM-251) urging expeditious action so that rail transport of
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76-R-14
~ 6 ~
all Class 3 hazmat is covered by the rules promulgated from the August 1, 2014
PHMSA NPRM.
______________________________
Elizabeth B. Tisdahl, Mayor
Attest:
_____________________________
Rodney Greene, City Clerk
Adopted: ________________, 201 4
216 of 519
76-R-14
~ 7 ~
EXHIBIT 1
REAL ESTATE CONTRACT
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PROPOSED RULEMAKING ON RAIL TANK CAR SAFETY
ISSUE SUMMARY & ACTION REQUEST
September 9, 2014
ISSUE SUMMARY:
In 2011, after a fatal ethanol train derailment in Cherry Valley, IL, the rail industry began the petition process
before the Pipeline and Hazardous Materials Safety Administration (PHMSA) seeking improved performance
standards for new rail tanks cars carrying liquid hazmat in recognition that the current “workhorse” tank car of
the fleet (the DOT-111) has a high tendency to puncture in accidents. These efforts began two decades after
the National Transportation Safety Board had warned industry and regulators that there were significant
safety-related flaws in this tank car’s design. In 2012, the Illinois TRAC Coalition also petitioned PHMSA for
improved standards to cover both new and existing tank cars.
The rulemaking process stalled, however, until the derailment of a crude oil train in Lac-Megantic, Quebec in
July 2013 that killed 47 people. After that tragedy, PHMSA finally released its Advance Notice of Proposed
Rulemaking (ANPRM) last fall asking for input into what safety-enhancing provisions should be included in the
rulemaking. The comment period for that phase of the process was completed in December 2013, with those
comments serving as the basis for the rules PHMSA has now outlined in the NPRM that was released on
August 1. Interested parties will have until September 30, 2014 to weigh in on the proposed rules the agency
is planning to promulgate.
While there are some positive aspects of the rules being outlined by PHMSA, including better safety standards
and enhanced braking requirements for tank cars, there is a fundamental defect that must be rectified to
adequately protect the safety of the public and the environment. Rather than having the rules apply to all
tank cars carrying flammable hazmat, PHMSA chose to minimize the scope of the rulemaking to deal only
with enhanced tank car standards and operational controls for “high-hazard flammable trains” or HHFTs
(defined as any train with 20 or more cars of Class 3 flammable liquids, which the agency believes will be
limited to crude oil and ethanol.)
In doing this, PHMSA has exempted from any safety-related upgrades fully 40% of the liquid hazmat that is
shipped by rail in deficient DOT-111 tank cars. Its rationale for doing so is not supported by the evidence
PHMSA provides from its review of 46 mainline derailments that occurred between 2006 and 2013. Those
derailments show that the breach of even a single or a small number of tank cars can result in a significant
release of hazmat. In 43 of the 46 mainline derailments used by the agency to support limiting new tank car
standards and enhanced operational control to HHFTs, the accidents involved fewer than 20 tank cars
releasing their contents. In fact, in 20 of these derailments, only a single tank car was breached. With 93% of
these mainline derailments involving fewer than 20 tank cars breaching, it’s indefensible for PHMSA to apply
its rules solely to HHFTs.
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The flammable hazmat that would be allowed by PHMSA to remain in DOT-111 tank cars for the next 40 years
unless the agency can be convinced to adjust course on this exemption, includes highly dangerous substances
like gasoline, diesel fuel, condensate, aviation fuel, acetone, corrosive flammable liquids, oil sands, and even
crude oil and ethanol if it is on a manifest train. Therefore, TRAC believes that any tank car carrying liquid
hazmat must meet the most robust tank car standards as outlined in the NPRM.
The NPRM also fails to adequately address emergency preparation and response for rail hazmat incidents at
the local level -- where all emergencies occur. It is critical that new rules require that railroads provide
adequate notice to local emergency responders of the type and frequency of hazmat transported within their
jurisdictions. Railroads should also be required -- subject to PHMSA and FRA audit and enforcement -- to
provide appropriate hazardous materials training and materials to local emergency responders, including the
location of sufficient quantities of hazmat response assets to enable a coordinated response effort among the
local responders and the railroad. Joint response training events between the railroad and local responders
should be required with a reasonable amount of frequency.
ACTION REQUEST OF LOCAL GOVERNMENTS:
It is vital that local governments weigh in on this NPRM prior to the September 30, 2014 comment deadline.
To that end, a sample resolution is attached that local units of government can adopt and forward to PHMSA
to indicate their support for the NPRM changes detailed in this summary.
Please act expeditiously to pass this resolution. Once adopted, a copy of your government’s resolution should
be submitted in one of three ways:
Through the Federal Rulemaking Portal: http://www.regulations.gov. Follow the instructions for
submitting comments.
Via Fax: 1-202-493-2251.
By mail: Docket Management System; U.S. Department of Transportation, West Building, Ground
Floor, Room W12-140, Routing Symbol M-30, 1200 New Jersey Avenue SE., Washington, DC 20590.
Instructions: All submissions must include the agency name and docket number for this notice (as shown in
the model resolution) at the beginning of the comment. To avoid duplication, please use only one of the three
methods of delivery.
Any questions you may have on this matter can be directed to FightRailCongestion@gmail.com. Thank you!
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For City Council meeting of September 22, 2014 Items A12, A13, A14
Resolutions 65-R-14, 66-R-14, 75-R-14: Authorizing Agreements for Leases at
Noyes Cultural Arts Center
For Action
To: Honorable Mayor and Members of the City Council
Administration and Public Works Committee
From: Joe McRae, Director of Parks, Recreation and Community Services
Christina Ferraro, Assistant Director of Community Services
Subject: Resolutions 65-R-14, 66-R-14, 75-R-14: Authorizing Agreements for
Leases at Noyes Cultural Arts Center
Date: September 15, 2014
Recommended Action:
(A12) Resolution 65-R-14 Authorizing the City Manager to enter into an Agreement
with Etc. Music School for Space at the Noyes Cultural Arts Center
City staff recommends the City Council adoption of Resolution 65-R-14 authorizing the
City Manager to enter into an agreement for 3 month lease term for Etc. Music School
for space at the Noyes Cultural Arts Center. For the term beginning on October 1, 2014,
Etc Music School will rent studio 213. This office space has been vacated by Zarko
Theatre.
(A13) Resolution 66-R-14 Authorizing the City Manager to enter into an Agreement
with Ozge Samanci and Shirley Adams for Space at the Noyes Cultural Arts Center
City staff recommends the City Council adoption of Resolution 66-R-14 authorizing the
City Manager to enter into an agreement for 3 month lease term for Ozge Samanci and
Shirley Adams for space at the Noyes Cultural Arts Center. For the term beginning on
October 1, 2014, Ozge Samanci and Shirley Adams will rent studio 109. This office
space has been vacated by Art Encounter, Inc. as they have moved to studio 104.
(A14) Resolution 75-R-14 Authorizing the City Manager to enter into an Agreement
with Roberta Levin for Space at the Noyes Cultural Arts Center
City staff recommends the City Council adoption of Resolution 75-R-14 authorizing the
City Manager to enter into an agreement for 3 month lease term for Roberta Levin for
space at the Noyes Cultural Arts Center. For the term beginning on October 1, 2014,
Roberta Levin will rent studio 108. This office space has been vacated by Next Theatre
as they have moved to studio 222.
Memorandum
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Funding Source:
Revenues are deposited into the Noyes Cultural Arts Business Unit 3710.
Summary:
The studio leases are for a three-month term (10/01/2014-12/31/2014). 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
October 1, 2014 and will run for three months through December 31, 2014 with a
potential increase anticipated for the subsequent year.
There are four vacant studios at the NCAC available starting October 1, 2014. In July
and August, the vacancies were advertised in the local newspapers,
www.cityofevanston.org, www.evanstonartsbuzz.com. Emails were also sent to the
Evanston Art Center, Columbia College Fine Arts Department and to those on the
NCAC perpetual wait list. Ten applications from individual professional artists and
professional performing and visual arts organizations were accepted through August 14,
2014. The Noyes Tenants Association made recommendations to the Arts Council on
August 18, 2014. The Arts Council made recommendations to the staff on August 27,
2014.
The selection criteria for the recommendations for rental of space at NCAC are based
on (and not limited to) the following:
1. Evidence of a high level of quality.
2. Commitment to the Arts Council’s Affirmative Action Standards.
3. Commitment to the applicant’s discipline. Space must be used a minimum of 25 hours
per week.
4. Commitment of the applicant to the Community through Community Service Projects.
5. Applicant’s financial need for subsidized space.
6. Current need for a specific disciplinary representation and/or balance at the Center.
7. Such criterion as the City of Evanston deems relevant to the individual studio
available for lease.
Attachments:
Resolutions 65-R-14, 66-R-14, 75-R-14
Studio Master Leases
Page 2 of 2
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9/15/2014
65-R-14
A RESOLUTION
Authorizing the City Manager to Execute a Lease Agreement with
etc. Music School 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 etc. Music School, an Illinois corporation; and
WHEREAS, the City and etc. Music School desire to enter into a lease
agreement for the remainder of the year; and
WHEREAS, the City Council finds it to be in the best interest of the City
to continue to lease NCAC studio space to etc. Music School, and to negotiate and
execute a lease agreement with etc. Music School,
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 lease agreement for the remainder of the year (October 1, 2014 – December
31, 2014) (the “Lease”) by and between the City of Evanston and etc. Music School,
which is attached hereto as Exhibit “1” and incorporated herein by reference.
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65-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 65-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: __________________, 201 4
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65-R-14
EXHIBIT 1
LEASE AGREEMENT
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LEASE AGREEMENT FOR THE PREMISES LOCATED AT 927 NOYES STREET,
EVANSTON, ILLINOIS, BY AND BETWEEN
THE CITY OF EVANSTON, LANDLORD
AND
ETC. MUSIC SCHOOL, TENANT
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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 .................................................................................................................... 7
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 ................................................................................................................... 9
SECTION 12. INSURANCE .......................................................................................................... 9
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 ...................................................................... 15
SECTION 22. EMINENT DOMAIN ............................................................................................. 16
SECTION 23. GOVERNMENTAL INTERFERENCE WITH POSSESSION ............................. 16
SECTION 24. PEACEFUL ENJOYMENT .................................................................................. 16
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
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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 etc. Music School, an Illinois corporation (“Tenant”).
Landlord and Tenant may be referred to collectively as the “Parties”.
SECTION 1. DESCRIPTION OF PREMISES
Landlord leases to Tenant the studio space (which is Room 213), 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 three months , October 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 October 1st – December 31st (three months), the Rent
rate is $1,063.00 (One Thousand Sixty Three and 00/100 Dollars) per month, for total
Rent of $3,189.00 (Three Thousand One Hundred Eighty Nine and 00/100 Dollars) for
the three months.
B. PAYMENTS. The Rent outlined in Section 3[A][1] above shall be paid in
accordance with said Section.
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
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3
D. 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]. 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;
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.
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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 m isconduct, subject to
Section 12[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.
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.
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SECTION 5. USE OF PREMISES
A. PURPOSES: Tenant will use the Premises to operate a theater, provide private
lessons and group classes in piano, voice, composition, theatre studies, and choir, 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. 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
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6
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
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
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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
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.
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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
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 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
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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.
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 delinquenc y 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
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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 WOR KER’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.
F. TENANT’S WAIVER OF C ASUALTY 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.
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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 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
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 ENCUMBRANC ES: 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
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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 misco nduct, 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 c onsent). 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
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;
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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 EVE NT : 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.
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.
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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 obliga tions under
this Agreement or to satisfy a judgment for Tenant’s failure to perfor m such obligations; and
none of such parties shall be personally liable for the performance of Tenant’s obligations under
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 will 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. By November 1, 2014, the Tenant will have an action
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plan developed to address its community engagement program and review its proposed
program in consultation with the City Manager and the NCAC Association. If Tenant does not
provide an action plan within the time period provided or provide the community engagement
programs established between the parties, the Landlord shall send written notice of default,
providing Tenant with 14 (fourteen) days to cure the default. The annual value of the
Community Engagement provided by Tenant shall be not less than $9,047.80 per calendar year
(“Minimum Community Engagement”). Any overage provided by Tenant above the Minimum
Community Engagement level for either of the prior two (2) years can be applied as a credit to
any deficiency for the current calendar year. If Tenant does not provide the Community
Engagement by December 31, 2014 as required and does not cure the default within 15 days of
written notice, then Tenant shall pay Landlord a fee equal to 15% of the three month’s rent
outlined Section 3[A] ($478.35) less the value of the Community Engagement provided during
the calendar year.
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 ac tion, 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.
SECTION 21. EXPENSES OF ENFORCEMENT
Tenant, if Landlord is the prevailing party, shall pay upon demand all Landlord’s co sts,
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.
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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 it s
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.
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.
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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 BO UND
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:
etc. Music School
927 Noyes Street
Evanston, IL 60201
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.
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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 Agr eement 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 consen t 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
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.
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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:
etc. Music School
an Illinois corporation
By: _________________________________
Its: __________________________________
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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;
245 of 519
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, AFORES AID;
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
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EXHIBIT B
NOYES CULTURAL ARTS CENTER PROPERTY FEES SCHEDULE
247 of 519
9/15/2014
66-R-14
A RESOLUTION
Authorizing the City Manager to Execute a Lease Agreement with
Ozge Samanci and Shirley Adams 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 Ozge Samanci and Shirley Adams (the “Tenants”), both individuals;
and
WHEREAS, the City and the Tenants desire to enter into lease
agreement for the remainder of the year; and
WHEREAS, the City Council finds it to be in the best interest of the City
to continue to lease NCAC studio space to the Tenants, and to negotiate and execute
a lease agreement with the Tenants,
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 lease agreement for the remainder of the year (October 1, 2014 – December
31, 2014) (the “Lease”) by and between the City of Evanston and the Tenants, which is
attached hereto as Exhibit “1” and incorporated herein by reference.
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66-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 66-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: __________________, 201 4
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66-R-14
EXHIBIT 1
LEASE AGREEMENT
250 of 519
LEASE AGREEMENT FOR THE PREMISES LOCATED AT 927 NOYES STREET,
EVANSTON, ILLINOIS, BY AND BETWEEN
THE CITY OF EVANSTON, LANDLORD
AND
OZGE SAMANCI AND SHIRLEY ADAMS, TENANTS
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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 .................................................................................................................... 7
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 ................................................................................................................... 9
SECTION 12. INSURANCE .......................................................................................................... 9
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 ...................................................................... 15
SECTION 22. EMINENT DOMAIN ............................................................................................. 16
SECTION 23. GOVERNMENTAL INTERFERENCE WITH POSSESSION ............................. 16
SECTION 24. PEACEFUL ENJOYMENT .................................................................................. 16
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
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2
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 Ozge Samanci and Shirley Adams, both individuals (collectively, “Tenants”). Landlord and Tenant may be referred to collectively as the “Parties”.
Each Tenant is jointly and severally liable for the payment of rent and performance of all other
terms of this Agreement.
SECTION 1. DESCRIPTION OF PREMISES
Landlord leases to Tenants the studio space (which is Room 109), 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 Tenants 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. Tenants 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 three months , October 1, 2014 – December 31,
2014 (the “Term”). Tenants 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: Tenants agree to pay Landlord an annual rental payment (the “Rent”) in
accordance with the following schedule:
1. For the period of October 1st – December 31st (three months), the Rent
rate is $279.00 (Two Hundred Seventy Nine and 00/100 Dollars) per month, for total
Rent of $837.00 (Eight Hundred Thirty Seven and 00/100 Dollars) for the three months.
B. PAYMENTS. The Rent outlined in Section 3[A][1] above shall be paid in
accordance with said Section.
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
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3
D. 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 Tenants, the NCAC Property Fees are to be paid by Tenants regardless of the
applicable rental rate specified in Section 3 [A]. Tenants acknowledges that they 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: Tenants acknowledge that they have leased
the Premises for many years and receive the Premises, Common Facilities and remainder of
the Property in as -is condition, and acknowledge 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;
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.
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4
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 TENANTS:
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
Tenants 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 Tenants will at all times maintain all of the Premises in a clean, neat
and orderly condition. The Tenants 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
Tenants 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. Tenants 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. Tenants 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 mi sconduct, subject to
Section 12[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 Tenants.
5. Repairs by Tenants 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 Tenants fail to make the necessary repairs
by the date determined by the Lessor, the Landlord has the option to make the
necessary repairs and Tenants agree to promptly pay for those repairs upon
presentation of an invoice by the Landlord to the Tenant. Tenants are 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 Tenants, 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
Tenants, the Tenants must provide a schedule for repair within one (1) business day
after discovery by Tenants to the Director of Parks, Recreation and Community Services
for approval, which cannot be unreasonably withheld.
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5
SECTION 5. USE OF PREMISES
A. PURPOSES: Tenants will use the Premises to operate social dance classes,
showcase interactive installations, 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 Tenants 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 Tenants 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 s
shall have the right to conduct their business in the Premises during the Business Hours
(as defined in Section 3[E]) of the Property. In addition, Tenants ’ 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 Tenants will still have access
to the Premises).
2. The Landlord shall have the right to retain a set of keys to the Premises,
and Tenants 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 s 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 mate rially
affect Tenants ’ 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. Tenants 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 Tenants, 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. Notwithst anding
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 a Tenant’s
request or if the repairs are necessitated by a Tenant’s actions, then the Tenants 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 a 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
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6
such entry the Landlord or the Lessor's agents shall accord reasonable care to Tenants ’
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
Tenants 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 Tenants 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]). Tenants 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. Tenants 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: Tenants agree that they 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 Te nants can maintain customary
cleaning products in the Premises.
E. USE IMPAIRING STRUCTURAL STRENGTH: The Tenants 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 Tenants 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,
Tenants will observe and comply with all laws, ordinances and regulations of public authorities.
Tenants acknowledge that the Property is owned by the City of Evanston and therefore no
smoking will be permitted at the Property.
H. OTHER MISUSE: Tenants 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 Tenants
or any other person. Tenant will not use or allow the use of the Premises for any purpose
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7
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 permi t
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
Tenants or their authorized designee(s), 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. Tenants understand, and will inform their
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
Tenants 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 Tenants .
Tenants acknowledge 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 Tenants agree to be bound by such ordinances. Landlord
cannot make representations in a lease agreement that Tenants shall be entitled additional
signage, a certain number of signs and/or dimensions of proposed signage, because the
Tenants 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.
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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 Tenants for any damage or injury to
Tenants or Tenants ’ 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 Tenants. 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 RE NT
A. USE OF PARTIALLY DAMAGED PREMISES: On damage or destruction by a
casualty to the Premises, Tenants 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 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 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 Tenants 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
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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], Tenants 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 Tenants ’ 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 Tenants , 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 Tenants, and
Landlord may replace the same in the same condition of repair and cleanliness as existed at the
date of execution hereof, and Tenants agree to pay Landlord, in addition to the rent hereby
reserved, the expenses of Landlord in thus replacing the Premises in that condition. Tenants
shall not cause or permit any waste, misuse or neglect of the water, or of the water, gas or
electric fixtures.
Tenants 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 Tenants with respect to the Premises
or the Property during the Term of this Agreement and Tenants ’ occupancy of the Premises.
SECTION 11. TAXES
If applicable, Tenants will pay before delinquency all taxes levied on Tenants ’ 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
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companies. Only companies with an “A” Policyholder’s Rating with the Alfred Best Company
will be acceptable.
B. TENANT TO OBTAIN LIABILITY INSURANCE: Tenants agree that they will, at
their expense, maintain a policy of insurance, written by responsible insurance carriers,
approved by Landlord that will insure Tenants 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. Tenants will obtain an endorsement and Certificate of Insurance
naming the Landlord as an additional insured from Tenants ’ 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. TENANTS TO OBTAIN WORKER’S C OMPENSATION INSURANCE: Tenants
agree to maintain employees’ Worker’s Compensation insurance required under Illinois law.
D. TENANTS TO OBTAIN INSURANCE ON FIXTURES AND EQUIPMENT : The
Tenants agree 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.
F. TENANTS’ WAIVER OF CASUALTY INSURANCE PROCEEDS: If the
Premises are damaged by fire or other casualty insured against, Tenants agree 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.
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H. TENANTS’ FAILURE TO INSURE: Should Tenants 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 Tenants 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 Tenants do not need the
Lessor’s consent. If the Tenants seek to sublet a portion of the Premises to a Sub-Tenant for a
period of time greater than 2 months, then the Tenants must have the written consent of the
Landlord and such consent shall not be unreasonably withheld. For all subleases, the Tenants
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
Tenants will, at the termination of this Lease, leave the Premises in as good condition as
they are in at the time of entry by Tenants, except for reasonable use and wear, acts of God, or
damage by casualty beyond the control of Tenants. On vacating, Tenants will leave the
Premises clear of all rubbish and debris. If Tenants retain 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 Tenants that
such holding over constitutes the creation of a month to month tenancy, upon the terms of this
Agreement. Tenants shall also pay to Landlord all damages sustained by Landlord resulting
from retention of possession by Tenants. 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
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 Tenants 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 Tenants on the Premises. Tenant wills, 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 s contest
any lien so filed in good faith and pursues an active defense of said lien, Tenants shall not be in
default of this paragraph. However, in the event of any final judgment against Tenants
regarding such lien, Tenants agree to pay such judgment and satisfy such lien within 60 days of
the entry of any such judgment.
B. DISCHARGE OF LIEN: If Tenants fail to fully discharge any claim, lien, claim of
lien, demand, charge, encumbrance, or litigation, or should proceedings be instituted for the
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foreclosure of any lien or encumbrance, and if judgment is rendered against Tenants either by a
court of competent jurisdiction or by arbitration and Tenants 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
Tenants 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 Tenants.
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, Tenants
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 Tenants , or their agents, employees or contractors.
D. INDEMNIFICATION OF TENANT S. Except as otherwise provided in this
Agreement, and except to the extent caused by the negligence or willful misconduct of Tenant s ,
or its agents, employees or contractors, or by the breach of this Lease by Tenant s , Landlord
shall protect, defend, indemnify and save Tenants and their 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 Tenants ’ 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
Tenants 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 s do not exercise the Option to renew
the Lease and/or will be vacating the Premises at or prior to the end of the Term, Tenants will
also allow Landlord to have placed upon the Premises at all times notices of “For Sale” and/or
“For Rent” and Tenants 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 Tenants subject to Tenants ’ right to cure:
1. Tenants 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 Tenants of such failure;
2. Tenants 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. Tenants 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
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the good faith cure of any such failure, within fifteen (15) days after written notice to the
Tenants of such failure;
4. Tenants 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 EVE NT : 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 Tenants ’ right to cure:
1. Terminate this Lease, in which event Tenants shall immediately surrender
the Premises to Landlord, but if Tenants fail 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
Tenants ’ right of possession, as aforesaid, whether this Agreement be terminated or not,
Tenants agree 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 Tenants 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 Tenants 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 Tenants .
Tenants agree 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.
2. Landlord may recover from Tenants 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 Tenants ’
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 TERMINAT ION; 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 Tenants. The Landlord
may terminate this Agreement if the Tenants remain 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 Tenants, 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
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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. TENANTS’ 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, Tenants will pay any deficiencies to the Landlord on demand
and be declared in default for failure to pay.
E. LANDLORD’S RIGHT TO PERFORM TENANTS’ DUTIES AT TENANTS’
COST: If in Landlord’s judgment any default by Tenants will jeopardize the Premises or the
rights of Landlord, Landlord may, without notice, elect to cure Tenants ’ default and Tenants will
reimburse Landlord, with interest, on 10-days’ notice by Landlord to Tenants.
F. LANDLORD’S RIGHT TO TERMINATE AGREEMENT: If there is an event of
default by Tenants as stated in Paragraph A of this section, Landlord may, without further
notice, terminate this Agreement and all interest of Tenants 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
Tenants, Landlord will be entitled to recover from Tenants, 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 Tenants in seeking either to enforce Tenants ’ obligations under
this Agreement or to satisfy a judgment for Tenants ’ failure to perform such obligations; and
none of such parties shall be personally liable for the performance of Tenants ’ obligations under
this Agreement.
SECTION 18. TENANT OBLIGATIONS TO COMMUNITY AND ASSOCIATION
A. NOYES CENTER TENANT’S ASSOCIATION: The Tenants acknowledge and
agree 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.
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B. COMMUNITY ENGAGEMENT : Tenants will 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. By November 1, 2014, the Tenants will have an action
plan developed to address its community engagement program and review its proposed
program in consultation with the City Manager and the NCAC Association. If Tenants do not
provide an action plan within the time period provided or provide the community engagement
programs established between the parties, the Landlord shall send written notice of default,
providing Tenants with 14 (fourteen) days to cure the default. The annual value of th e
Community Engagement provided by Tenants shall be not less than $9,047.80 per calendar
year (“Minimum Community Engagement”). Any overage provided by Tenants above the
Minimum Community Engagement level for either of the prior two (2) years can be applied as a
credit to any deficiency for the current calendar year. If Tenants do not provide the Community
Engagement by December 31, 2014 as required and does not cure the default within 15 days of
written notice, then Tenants shall pay Landlord a fee equal to 15% of the three month’s rent
outlined Section 3[A] ($125.55) less the value of the Community Engagement provided during
the calendar year.
SECTION 19. REMOVAL OF OTHER LIENS
In event any lien upon Landlord’s title results from any act or neglect of Tenant s and
Tenants fail 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 Tenants 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 Tenants demonstrate to Landlord that Tenants are contesting the
validity of said lien in good faith, then Landlord shall allow Tenants 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 Tenants shall be paid to Landlord by Tenants
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 Tenants 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 Tenants ’
right to possession of the Premises. The Landlord may collect and receive any rent due from
Tenants 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
Tenants , 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 Tenants under this
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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 Tenants
regarding this Agreement.
Landlord, if Tenants are the prevailing party, shall pay upon demand all Tenants ’ costs,
charges and expenses, including reasonable attorney’s fees, agents fees and fees of othe rs
retained by Tenants, incurred in enforcing any of the obligations of Landlord under this
Agreement, or in any litigation, negotiation or transaction in which Tenant shall, without Tenants ’
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, Tenants 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 Tenants 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 Tenants can make a claim for the unamortized portion of the cost incurred by
Tenants for the Premises Improvements.
SECTION 23. GOVERNMENTAL INTERFERENCE WITH POSSESSION
Except as expressly set forth in Section 25, Tenants will not be released from its
obligation should their possession of the Premises be interfered with by adoption of any law,
ordinance, resolution, regulation or act of any legal or governmental authority. Further, Tenants
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 Tenants, on payment of rents and performance of the conditions, covenants, and
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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
Tenants. It may not be amended or modified by oral agreements between the Parties unless
they are in writing duly executed by Landlord and Tenants.
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 Tenants:
Ozge Samanci and Shirley Adams
927 Noyes Street
Evanston, IL 60201
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 Tenants are 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.
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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 Tenants 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 Tenants 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
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.
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IN WITNESS WHEREOF, both of said Landlord and Tenants 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
Tenants:
OZGE SAMANCI SHIRLEY ADAMS
an individual an individual
_________________________________ __________________________________
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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:
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:
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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 AD DITION 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
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EXHIBIT B
NOYES CULTURAL ARTS CENTER PROPERTY FEES SCHEDU LE
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9/15/2014
75-R-14
A RESOLUTION
Authorizing the City Manager to Execute a Lease Agreement with
Roberta Levin for Studio Space at the
Noyes Cultural Arts Center
WHEREAS, the City of Evanston (“City”) owns certain real property,
including the property co mmonly 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 Roberta Levin (“Levin”), an individual; and
WHEREAS, the City and Levin desire to enter into lease agreement for
the remainder of the year; and
WHEREAS, the City Council finds it to be in the best interest of the City
to continue to lease NCAC studio space to Levin, and to negotiate and execute a
lease agreement with Levin,
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 lease agreement for the remainder of the year (October 1, 2014 – December
31, 2014) (the “Lease”) by and between the City of Evanston and Levin, which is
attached hereto as Exhibit “1” and incorporated herein by reference.
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75-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 75-R-14 shall be in full force and effect
from and after its passage and approval in the manner provided by law.
_______________________________
Elizabeth B. Ti sdahl, Mayor
Attest:
______________________________
Rodney Greene, City Clerk
Adopted: __________________, 201 4
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75-R-14
EXHIBIT 1
LEASE AGREEMENT
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LEASE AGREEMENT FOR THE PREMISES LOCATED AT 927 NOYES STREET,
EVANSTON, ILLINOIS, BY AND BETWEEN
THE CITY OF EVANSTON, LANDLORD
AND
ROBERTA LEVIN, TENANT
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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.............................................................................................................. 7
SECTION 8. CASUALTY DAMAGE; REPAIRS; ABATEMENT OF RENT ............................. 8
SECTION 9. REPAIRS AND MAINTENANCE .......................................................................... 9
SECTION 10. UTILITIES .............................................................................................................. 9
SECTION 11. TAXES ................................................................................................................... 9
SECTION 12. INSURANCE .......................................................................................................... 9
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 ...................................................................... 15
SECTION 22. EMINENT DOMAIN ............................................................................................. 16
SECTION 23. GOVERNMENTAL INTERFERENCE WITH POSSESSION ............................. 16
SECTION 24. PEACEFUL ENJOYMENT .................................................................................. 16
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
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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 Roberta Levin, an individual (“Tenant”). Landlord and
Tenant may be referred to collectively as the “Parties”.
SECTION 1. DESCRIPTION OF PREMISES
Landlord leases to Tenant the studio space (which is Room 108), 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 three months , October 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 October 1st – December 31st (three months), the Rent
rate is $1,208.00 (One Thousand Two Hundreed Eight and 00/100 Dollars) per month,
for total Rent of $3,624.00 (Three Thousand Six Hundred Twenty Four and 00/100
Dollars) for the three months.
B. PAYMENTS. The Rent outlined in Section 3[A][1] above shall be paid in
accordance with said Section.
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
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3
D. 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]. Tenant acknowledges that it will reimburse the
City for use of the Common Facilities (as specified on Exhibit B) after the standard busines s
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;
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.
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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 mi sconduct, subject to
Section 12[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.
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.
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SECTION 5. USE OF PREMISES
A. PURPOSES: Tenant will use the Premises to operate quilting and sewing
classes, demonstrations, 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 rig ht 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. 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. Notwithsta nding
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
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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
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
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7
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
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.
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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
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 de sign 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
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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.
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
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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 WOR KER’S COMPENSATION INSURANCE: Tenant
agrees to maintain employees’ Worker’s Compensation insurance required unde r 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 For m
Policy, regardless if the same is maintained by the City.
F. TENANT’S WAIVER OF C ASUALTY 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 w ill
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.
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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 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
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 ENCUMBRANC ES: 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
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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 w illful 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 mis conduct 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
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;
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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 EVE NT : 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.
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 TERM INATION; 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 no tice or
demand or of any other right hereby given Landlord, or as an election not to proceed under the
provisions of this Agreement.
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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 CUM ULATIVE: 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 obliga tions 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.
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 will 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. By November 1, 2014, the Tenant will have an action
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plan developed to address its community engagement program and review its proposed
program in consultation with the City Manager and the NCAC Association. If Tenant does not
provide an action plan within the time period provided or provide the community engagement
programs established between the parties, the Landlord shall send written notice of default,
providing Tenant with 14 (fourteen) days to cure the default. The annual value of the
Community Engagement provided by Tenant shall be not less than $9,047.80 per calendar year
(“Minimum Community Engagement”). Any overage provided by Tenant above the Minimum
Community Engagement level for either of the prior two (2) years can be applied as a credit to
any deficiency for the current calendar year. If Tenant does not provide the Community
Engagement by December 31, 2014 as required and does not cure the default within 15 days of
written notice, then Tenant shall pay Landlord a fee equal to 15% of the three month’s rent
outlined Section 3[A] ($543.60) less the value of the Community Engagement provided during
the calendar year.
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.
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 thi s
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.
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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.
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.
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17
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:
Roberta Levin
927 Noyes Street
Evanston, IL 60201
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.
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18
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
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.
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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:
Roberta Levin
an individual
_________________________________
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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;
297 of 519
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 NORT H, 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
298 of 519
EXHIBIT B
NOYES CULTURAL ARTS CENTER PROPERTY FEES SCHEDU LE
299 of 519
Appendix D January 1, 2014
LESSEE: ______________DATE:___________
FY 2014 FEE DESCRIPTION NOTES
AIR CONDITIONERS & AIR
HANDLING UNITS $91.00 Monthly fee for studios ranging between 1-500 sq. ft.
" "$122.00 Monthly fee for studios ranging over 500 and up to 1,000 sq. ft.
" "$152.00 Monthly fee for studios ranging over 1,000 and up to 2000 sq. ft.
" "$181.00 Monthly fee for studios over 2,000 sq. ft.
KEYS $5.00 First two (2) keys to all Leased spaces with a Lessor installed lock are free.
KILNS TBA Monthly fee for tabletop models
"TBA Monthly fee for floor models
NOYES GALLERIES $40.00 Hourly rate for all users
PARKING - LOT #51 $30.00 Monthly fee for each permit
" " "$5.00 Daily fee for each permit
SERVICE (UTILITY) FEE $66.00 Flat daily rate for all users if Bldg. is occupied other than normal Bldg.
hours. See Appendix E.
STUDIO #106*$20.00 Tenant rate/hourly for performances relative to lease Same rate if Theatre is used
" "$20.00 Tenant rate/hourly for all other arts activities relative to lease Same rate if Theatre is used
" "$40.00 Tenant rate/hourly for reception relative to Lessee's approved activities.
" " $42.00
" "$52.00 Non-Tenant Non-for-Profit or Individual rate/hourly for arts related events
.
• Thanksgiving Day, Thursday, November 27, 2014
• Day After Thanksgiving, Friday, November 28, 2014
• Christmas Eve, Wednesday, December 24, 2014
• Christmas Day, Thursday, December 25, 2014
Non-Tenant Evanston Non-for-Profit or Individual rate/hourly for arts related events
OBSERVED HOLIDAYS 2014
• Dr. Martin Luther King, Jr.'s Birthday, Monday, January 20, 2014
• Memorial Day, Monday, May 26, 2014
• Labor Day, Monday, September 1, 2014
• New Year's Day, Wednesday, January 1, 2014
• Fourth of July, Friday, July 4, 2014
300 of 519
For City Council meeting of September 22, 2014 Item A15
Ordinance 109-O-14, Adding Title 3, Chapter 31, Regarding Transportation
Network Providers
For Introduction
To: Honorable Mayor and Members of the City Council
Administration and Public Works Committee
From: W. Grant Farrar, Corporation Counsel
Subject: Ordinance 109-O-14, Adding Title 3, Chapter 31, Regarding
Transportation Network Providers
Date: September 12, 2014
Recommended Action:
City staff submits City Council for consideration Ordinance 109-O-14.
Summary:
City staff was directed to draft an ordinance to regulate transportation network providers
such as Uber, Sidecar, and Lyft. City staff reviewed and considered comparable ride-
share statutes from similarly situated jurisdictions. Proposed Ordinance 109-O-14
borrows from the recently enacted Chicago Ordinance in scope and language.
Under the Ordinance:
• Applicants and operators of transportation network providers must be at least
twenty-one (21) years of age. Sections 3-31-5 and 3-31-18.
• Applicants can obtain either a “Class A license” or a “Class B license.”
Licensees who operate no more than twenty hours per week shall obtain a Class
A license at an annual fee of ten thousand dollars ($10,000.00). Licensees who
operate more than twenty hours per week shall obtain a Class B license at an
annual fee of twenty-five thousand dollars ($25,000.00). These are the same
fees as the Chicago Ordinance. Section 3-31-3.
• Transportation network providers must comply with all insurance requirements
under federal, state and city laws. Section 3-31-9(A).
• Providers must provide both commercial general liability insurance and
commercial automobile liability insurance, each in an amount not less than one
million dollars ($1,000,000.00). Sections 3-31-9(B) and 3-31-9(C).
• Operators are required to stay away from cabstands. Section 3-31-18.
• All licenses granted by the City of Evanston are deemed a revocable privilege
and not a right. Section 3-31-2.
Memorandum
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• Providers must serve disabled individuals and must provide services in
underserved areas. Sections 3-31-14 and 3-31-18(G).
• Failure to comply with the provisions set forth in Ordinance 109-O-14 shall result
in a seven hundred dollar ($700.00) fine for each violation. Section 3-31-23.
Legislative History:
The Law Department prepared Ordinance 109-O-14 following City Council direction.
Alternatives:
n/a
Attachments:
Ordinance 109-O-14
Page 2 of 2
302 of 519
9/8/2014
109-O-14
AN ORDINANCE
Adding Title 3, Chapter 31, Regarding
Transportation Network Providers
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 determined that
there is a need for the regulation of transportation network providers to mandate certain
standards, requirements, and consumer protections of said providers for the benefit of
City of Evanston residents and visitors. The City determined that by regulating
transportation network providers, compliant providers will provide adequate services
while affording consumers protections in line with City standards. In recognition of the
need to regulate ride-share programs, this Ordinance hereby creates a process to
regulate transportation network providers.
Article VII, Section (6)a of the Illinois Constitution of 1970 states that, “a home
rule unit may exercise any power and perform any function pertaining to its government
and affairs including, but not limited to, the power… to license.” As a home rule uni t, the
City of Evanston’s powers shall be construed liberally. Scadron v. City of Des Plaines,
153 Ill.2d 164 (1992). This ordinance 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
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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).
City Council and City staff reviewed and considered comparable ride-share
statutes from similarly situated jurisdictions. Furthermore, Governor Patrick Quinn, in
his veto message of Illinois House Bill 4075 regulating ride-share companies, stated
that while Illinois legislation would be overly broad in regulating ride-share programs,
home rule communities are best tailored to consider, adopt, and enforce ride-share
regulations at the local level. H.R. 4075, 98th Gen Assemb., Reg. Sess. (Ill. 2014).
The City Council finds that that there is a compelling governmental interest in
implementing reasonable regulations on transportation network providers and that such
regulations are essential in the promotion of commerce while affording consumers
proper protections. Mandating certain standards and requirements within the City under
this Ordinance will also promote the health, safety, and welfare of City residents and
visitors alike. All prospective and future licenses granted pursuant to this Chapter are
expressly declared to be a revocable privilege, not a right.
SECTION 2: Title 3 of the Evanston City Code of 2012, as amended, is hereby
further amended by adding a new Chapter 31, which shall read as follows:
CHAPTER 31: TRANSPORTATION NETWORK PROVIDERS
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109-O-14
3-31-1: DEFINITIONS:
For purposes of this Chapter the following definitions shall apply:
ACTIVE DRIVER A transportation network driver who has
provided service in response to four or
more prearranged transportation service
requests within a 30-day period.
CITY MANAGER The City of Evanston City Manager or
his/her designee.
COMPENSATION Any payment or donation received, or
economic or business benefit obtained, for
providing a transportation network service.
DRIVER The holder of, or a person that is required
to hold, a transportation network provider
license issued pursuant to this Chapter.
LICENSEE The holder of, or a person that is required
to hold, a transportation network provider
license issued pursuant to this Chapter.
LICENSE A transportation network provider license
OPERATION OF A TRANSPORTATION
NETWORK VEHICLE / OPERATING A
TRANSPORTATION NETWORK
VEHICLE / OPERATE A
TRANSPORTATION NETWORK
VEHICLE
Offering, making available, or using a
transportation network vehicle to provide a
transportation network service, including
any time when a driver is logged onto the
transportation network provider's Internet-
enabled application or digital platform
showing that the driver is available to pick
up passengers; when a passenger is in the
vehicle; when the provider's dispatch
records show that the vehicle is
dispatched; or when the driver has
accepted a dispatch and is enroute to
provide a transportation network service to
a passenger.
PREARRANGED TRANSPORTATION
SERVICE
A transportation service that is offered and
accepted through a licensee's Internet-
enabled application or digital platform
before the transportation commences
PLACE OF BUSINESS A location where (1) the City may send,
and the licensee shall accept, notices of
hearing or other notices from the City; and
(2) the licensee maintains its business and
financial records relating to its license
PROVIDER A person that offers or provides a
transportation network service.
SERVICE A prearranged transportation service
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109-O-14
offered or provided for compensation using
an Internet-enabled application or digital
platform to connect potential passengers
with transportation network drivers. The
term "transportation network service" does
not include a "ridesharing arrangement” as
that term is defined in Section 2 of the
Illinois Ridesharing Arrangements Act,
codified at 625 ILCS 30/2.
TRANSPORTATION NETWORK DRIVER An individual affiliated with a transportation
network provider or with a person who is
affiliated with a provider to transport
passengers for compensation using a
transportation network vehicle.
TRANSPORTATION NETWORK
LICENSEE
The holder of, or a person that is required
to hold, a transportation network provider
license issued pursuant to this Chapter.
TRANSPORTATION NETWORK
PROVIDER
A person that offers or provides a
transportation network service.
TRANSPORTATION NETWORK
SERVICE
A prearranged transportation service
offered or provided for compensation using
an Internet-enabled application or digital
platform to connect potential passengers
with transportation network drivers. The
term "transportation network service" does
not include a "ridesharing arrangement” as
that term is defined in Section 2 of the
Illinois Ridesharing Arrangements Act,
codified at 625 ILCS 30/2.
TRANSPORTATION NETWORK
VEHICLE
Any vehicle used to provide a
transportation network service.
VEHICLE AGE The age of a vehicle computed by totaling
the number of the years from the model
year to the calendar year, including both.
For example, a vehicle with a model year
of 2009 has a vehicle age of 4 years in the
2012 calendar year (2009 + 2010 + 2011 +
2012).
WHEELCHAIR-ACCESSIBLE
TRANSPORTATION NETWORK
VEHICLE
A transportation network vehicle that a
person in a wheelchair may enter and exit
independently or with assistance while
seated in a wheelchair. A wheelchair-
accessible transportation network vehicle
shall safely secure and restrain the
wheelchair, shall have only side entries for
passengers, and shall comply with all
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applicable standards provided by law for
wheelchair-accessible vehicles, including
standards specified by applicable
ordinances and regulations adopted by the
City.
3-31-2: TRANSPORTATION NETWORK PROVIDER LICENSE – REQUIRED:
(A) No person shall engage in a transportation network provider business in the City
without a transportation network provider license issued pursuant to this Chapter.
(B) No vehicle shall be used as a transportation network vehicle in the City except by
a driver affiliated with a transportation network provider licensed pursuant to this
Chapter.
(C) It shall be unlawful for any transportation network provider licensed by another
jurisdiction to provide a transportation network service within the corporate
boundaries of the City, except where the passengers have as their destination
the community in which such provider is licensed.
(D) A transportation network vehicle operated by a driver affiliated with a provider
licensed by another jurisdiction may come into the City to discharge passengers
whose trip originated outside of the City.
(E) Any prospective and future licenses granted pursuant to this Chapter may be
denied, rescinded, or revoked by the City.
3-31-3: TRANSPORTATION NETWORK PROVIDER LICENSE – LICENSE
CLASSES:
(A) The City Manager may issue or renew two classes of transportation network
provider licenses: (i) Class A transportation network provider license, referenced
in this Section as, "Class A license"; and (ii) Class B transportation network
provider license, referenced in this Section as, “Class B license.”
1. A Class A license shall apply to licensees whose average transportation
network service operation is not more than 20 hours per week, as
calculated pursuant to Subsection (A)(4) of this Section.
2. A Class B license shall apply to licensees whose average transportation
network service operation is more than 20 hours per week, as calculated
pursuant to Subsection (A)(4) of this Section.
3. For the initial license period, applicants may choose to apply for a Class A
or a Class B license. An applicant who is issued a Class A license must
within six months after the issuance of the license provide data to the City
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Manager, as the City Manager prescribes, that shows the licensee is
operating in compliance with this Chapter.
4. Weekly Average Transportation Network Service Operation Calculations
a. For purposes of the initial license period, a licensee's weekly
average transportation network service operation shall be
calculated by dividing the total number of hours the licensee's
active drivers are operating transportation network vehicles in the
City, including trips originated in the City, for a three-month
consecutive period following the issuance of the license with the
licensee's total number of active drivers multiplied by the number of
weeks in the three-month period.
b. For purposes of license renewal applications, an applicant's weekly
average transportation network service operation shall be
calculated by dividing the total number of hours the applicant's
active drivers have been operating transportation network vehicles
in the City, including trips originated in the City, for a six-month
period immediately before the license renewal application with the
licensee's total number of active drivers multiplied by the number of
weeks in the six-month period.
(B) The City Manager may, from time to time, require licensees to provide data, as
the City Manager prescribes, to audit their compliance with this Chapter. After
conducting such audit, if the City Manager determines that any licensee is
operating in violation of this Chapter, the City Manager may require such
licensee to comply with this Chapter. Nothing provided in this Subsection shall be
construed to prohibit the City Manager from taking other enforcement actions, as
provided in this Chapter, against any person that violates this Chapter.
3-31-4: TRANSPORTATION NETWORK PROVIDER LICENSE – FEE AND LICENSE
TERM:
(A) The annual fee for the issuance or renewal of a transportation network provider
license shall be:
1. $10,000.00 for a Class A transportation network provider license; or
2. $25,000.00 for a Class B transportation network provider license.
The license fee shall be paid as a precondition to issuance or renewal of the
license and shall not be prorated.
(B) Except for the initial license period, a transportation network provider license
shall be issued or renewed for a one-year license term starting on January 1.
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(C) Nothing in this Section shall affect the rights of the City to impose or collect any
other applicable tax upon the use or operation of a transportation network vehicle
in addition to the license fee specified in this Section.
(D) A transportation network provider license is non-transferable.
3-31-5: TRANSPORTATION NETWORK PROVIDER LICENSE – APPLICATION:
(A) Application for the issuance or renewal of a transportation network provider
license shall be made in writing to the City Manager on a form provided by the
City Manager and signed and sworn to by the applicant or, if the applicant is a
corporation, limited liability company, or partnership, by its authorized agent.
Each application shall contain at a minimum:
1. If the license applicant is an individual:
a. The individual's full name, social security number, residence
address, business address, business e-mail address and business
telephone number;
b. Proof that the applicant is at least 21 years of age;
2. If the license applicant is a corporation:
a. The corporate name, business address and telephone number of
the applicant;
b. The date and state of incorporation;
c. The full names, titles, social security numbers, residence
addresses, e- mail addresses and residence telephone numbers of
its corporate officers, and of those stockholders who own 25
percent or more of its voting shares, and of its authorized agent;
d. Proof that all corporate officers are at least 21 years of age; and
e. Proof that the corporation is in good standing under the laws of the
State of Illinois.
3. If the license applicant is a partnership or limited liability company:
a. The name, business address or principal office address and
telephone number of the applicant;
b. The full names, social security numbers, residence addresses, e-
mail addresses and residence telephone numbers of (a) the three
members who own the highest percentage interests in such
partnership or limited liability company, (b) the general partner of a
partnership, (c) the managing member of a limited liability
company, (d) the applicant's authorized agent, and (e) any other
member who owns a 25 percent or more interest therein;
c. The full name, address, e-mail address and telephone number of a
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person authorized to receive notices issued pursuant to this
Chapter; and
d. Proof that all persons, partners, managers, managing members
and members, as applicable, are at least 21 years of age.
(B) In addition to the license application requirements listed in Subsection (A) of this
Section, and in addition to any other information that the City Manager may
reasonably require in connection with the issuance or renewal of a license, any
applicant for license issuance or renewal shall provide to the City Manager, in a
manner the City Manager prescribes:
1. The full name, driver's license number and address of drivers registered
with the applicant;
2. The license plate number, registered owner and the vehicle identification
numbers of the transportation network vehicles registered with the
applicant with a document attesting that each such vehicle meets the
inspection and vehicle standard requirements provided in this Chapter;
3. A list of wheelchair- accessible transportation network vehicles registered
with the applicant, if any; and
4. The applicant's insurance policies as provided in Section 3-31-9.
3-31-6: TRANSPORTATION NETWORK PROVIDER LICENSE – QUALIFICATIONS
FOR LICENSE:
(A) In order to qualify for a transportation network provider license, whether upon
initial application or upon application for renewal of a license:
1. An applicant shall be in compliance with all applicable City, State of Illinois
and federal laws;
2. An applicant shall have a place of business according to requirements
applicable to that applicant, as follows:
a. With respect to any corporate or limited liability company applicant,
the company shall be organized or qualified to do business under
the laws of the State of Illinois and have a place of business in the
City of Chicago or the City of Evanston; or
b. With respect to any partnership applicant, the partnership shall
have a place of business in the City of Chicago or the City of
Evanston; or
c. With respect to any individual applicant, the applicant shall be a
citizen or legal resident of the United States, residing and domiciled
in the City of Evanston.
(B) In determining whether an applicant is qualified for a transportation network
provider license, or the renewal thereof, the City Manager shall take into
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consideration:
1. The character and reputation of the applicant or its members, officers or
directors, including, if applicable, the disciplinary record of the applicant, or
of any officer or director of a corporate applicant, as a City license holder;
2. The applicant's ability to provide lawful, safe, suitable and comfortable
service; the applicant's ability to engage qualified transportation network
drivers and eligible transportation network vehicles; and the applicant's
ability to provide service to customers with disabilities;
3. The applicant's ability to maintain mandated insurance; and
4. The applicant's financial ability to pay all judgments and awards which
may be rendered for any cause arising out of the operation of a
transportation network provider business.
(C) No applicant is eligible for a license if any transportation network provider license
held by the applicant, or by any officer or director of a corporate applicant or
partner of a partnership applicant, has been revoked within the previous five
years, or if the applicant, or any officer or director of a corporate applicant or
partner in a partnership applicant, within the five years immediately preceding the
date of his application, has been either convicted, or in custody, under parole or
under any other noncustodial supervision resulting from a conviction in a court of
any jurisdiction for the commission of any felony as defined by Article 2 of the
Illinois Criminal Code of 2012, codified at 720 ILCS 5/2-0.5 et seq., or its
equivalent under federal or other jurisdictional law.
(D) Eligibility for issuance of any license under this Chapter shall be a continuing
requirement for maintaining such license. Nothing in this Chapter shall create a
vested right in the issuance or renewal of any license issued under this Chapter.
No administrative act taken by the City before, during or after the license
application or renewal procedure shall create a vested right in the issuance or
renewal of any license issued under this Chapter.
3-31-7: TRANSPORTATION NETWORK PROVIDER LICENSE – INVESTIGATION
AND ISSUANCE:
(A) Upon receipt of an application for the issuance or renewal of a transportation
network provider license, the City Manager may investigate the applicant for
compliance with all applicable provisions of this Code, including but not limited to,
the applicant's compliance or ability to comply with the license qualification
requirements specified in City Code 3-31-6.
(B) Every individual applicant shall be required to submit to fingerprinting and shall
provide photos of the applicant to the City Manager. The authorized agent of
every corporate, limited liability company, or partnership applicant shall be
required to submit to fingerprinting and shall provide photos of the authorized
agent to the City Manager. Applicants shall be responsible for the costs of
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fingerprinting and photos.
(C) As part of the application process, fees sufficient to cover the costs of processing
fingerprints and photos will be assessed in addition to the license fees set forth in
this Code. The fingerprinting and photo fees will be assessed regardless of
whether the license applied for is issued or denied. The amount of the fees shall
be prescribed by the City Manager.
(D) If an application for the renewal of a license is denied, the applicant may within
ten days of the mailing of notice of the denial make a written demand upon the
City Manager for a hearing. Upon receipt of a timely written demand for a hearing
the City Manager shall conduct a hearing. If at such a hearing the applicant
establishes through competent evidence that the denial was based upon
incorrect findings, the City Manager may issue the license. If at such a hearing
the denial is found to have been based upon correct findings, the denial shall
become final. After entry of a final denial, the applicant shall be ineligible to make
a new application for a period of 18 months. Any person seeking an appeal of a
denial shall be responsible for paying all costs related to a hearing, including but
not limited to, court reporter costs. The appeal rights in this subsection shall only
apply to license renewals.
3-31-8: TRANSPORTATION NETWORK PROVIDER LICENSE – RESCISSION:
The City Manager shall have the power to rescind, pursuant to this Section, any
transportation network provider license erroneously or illegally issued or renewed
pursuant to this Section. In order for such a rescission to be effective, the City Manager
shall notify the licensee of the date the rescission will take effect. The notice shall be
provided by first-class mail or in person. The City Manager shall indicate in such notice
the basis for the rescission and shall also indicate a date and time, prior to the proposed
rescission date, upon which the licensee may appear before the City Manager, or his or
her designee, to contest the proposed rescission. If a licensee fails to appear, the
rescission will become final. A licensee shall have no right to request a continuance of
such contested hearing. Following the appearance of the licensee before the City
Manager, the City Manager may affirm or reverse the rescission decision based upon
the evidence presented by the licensee. The City Manager's decision shall be in writing
and shall be mailed to the licensee at least five days before a license rescission is
effective. A licensee may appeal the City Manager's decision to any court of competent
jurisdiction.
3-31-9: TRANSPORTATION NETWORK PROVIDER LICENSE – INSURANCE
REQUIRED:
(A) Every licensee and transportation network driver shall comply with all applicable
insurance requirements mandated by federal, State of Illinois, and City laws,
(B) Each applicant for the issuance or renewal of a transportation network provider
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license shall provide proof that the applicant has:
1. Commercial general liability insurance to secure payment by the applicant
of any final judgment or settlement of any claim against the applicant or
employees of the applicant's transportation network provider business.
Such insurance shall be primary and noncontributory; name the City of
Evanston as an additional insured; and include a provision requiring 30
days' advance notice to the City of Evanston Corporation Counsel prior to
cancellation or lapse, or any change of the policy.
2. Commercial automobile liability insurance to secure payment by the
applicant of any financial judgment or settlement of any claim against the
applicant or the applicant's transportation network drivers resulting from
any occurrence arising out of or caused by the operation of a
transportation network vehicle. The licensee shall provide 30 days'
advance notice to the City Manager prior to cancellation or lapse, or any
change of the policy.
(C) Such insurance policies shall provide at least the following minimum coverage:
1. Commercial general liability insurance with limits of not less than
$1,000,000.00 per occurrence, for bodily injury, personal injury, and
property damage; and
2. Commercial automobile liability insurance with a combined single limit for
bodily injury and property damage of $1,000,000.00 per occurrence,
covering liability resulting from any occurrence arising out of or caused by
the operation of a transportation network vehicle (including owned, hired,
and non-owned vehicles) while the applicant's transportation network
driver has accepted a ride until the completion of the ride; and automobile
liability insurance with limits for bodily injury and property damage not less
than the minimum amount required under Section 7-601 of the Illinois
Vehicle Code, codified at 625 ILCS 5/7-601, per occurrence, covering
liability resulting from any occurrence arising out of or caused by the
operation of a transportation network vehicle (including owned, hired, and
non-owned vehicles) while the applicant's transportation network driver is
logged onto the transportation network provider's Internet-enabled
application or digital platform showing that the driver is available to pick up
passengers until such driver accepts a ride.
(D) The insurance policies required in this Section shall be:
1. Available to cover claims as specified in this Section regardless of
whether a driver maintains insurance adequate to cover any portion of the
claim;
2. Disclosed on the licensee's Internet-enabled application and website in
the form of a certificate of insurance, and
3. Maintained in force at all times that the transportation network provider
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offers or provides transportation network service.
4. Any disclaimers in an insurance policy or certificate of insurance which
purport to disclaim any coverages required under this Chapter are
declared to be null and void under the public policy of the City of Evanston
and the State of Illinois.
(E) No transportation network provider license shall be issued unless the applicant
first provides copies of the insurance policies required in this Section to the City
of Evanston Corporation Counsel.
(F) Any driver shall provide to any authorized law enforcement officer, in addition to
any applicable insurance, proof of the insurance policies required by this Section
in case of an accident involving a transportation network vehicle while he is
operating a transportation network vehicle.
3-31-10: TRANSPORTATION NETWORK VEHICLES – OWNERSHIP AND
STANDARDS:
(A) No licensee shall own, provide financing for the obtaining, leasing, or ownership
of, or have a beneficial interest in transportation network vehicles.
(B) In addition to all other applicable legal requirements, it shall be unlawful for any
person to operate or cause to be operated any transportation network vehicle
unless such vehicle:
1. Has a manufacturer's rated seating capacity of less than ten persons,
including the transportation network driver;
2. Has at least two doors and meets applicable Federal Motor Vehicle Safety
Standards for vehicles of its size, type and proposed use;
3. Is a coupe, sedan, or light-duty vehicle, including a van, minivan, sport
utility vehicle, pickup truck, hatchback or convertible;
4. Has not been issued the title class of "salvage," "rebuilt," "junk," "total
loss," or any equivalent classification in any jurisdiction; and
5. Has a vehicle age of six years or less if the licensee dispatching the
vehicle is a Class B transportation network licensee. The City Manager is
authorized to permit dispatching of vehicles older than the vehicle age limit
provided in this Subparagraph (5), as provided by rule, for a period not
more than 2 years if such vehicle is inspected by the City and has passed
such inspection.
(C) No vehicle licensed as a taxi or public transportation vehicle in any jurisdiction
shall be operated as a transportation network vehicle. However, nothing provided
in this Chapter shall be construed to prohibit or limit the utilization of an Internet-
enabled application or digital platform for the provision of prearranged ride
services by taxicabs or other vehicles for hire pursuant to City Code Title 3,
Chapter 17.
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(D) The licensee and the licensee's driver shall be jointly and severally liable if the
licensee knowingly permits the licensee's driver to use a vehicle that does not
meet the requirements for a transportation network vehicle.
3-31-11: TRANSPORTATION NETWORK VEHICLES – INSPECTIONS:
(A) No Class A transportation network provider licensee shall allow any vehicle to be
used as a transportation network vehicle unless such vehicle is inspected
according to standards approved by the City Manager, and has passed such
inspection. A driver engaged by a Class A licensee shall maintain complete
documentation of such inspection in the vehicle at all times while being used to
provide transportation network services, and a written copy of such
documentation shall be provided to the City Manager upon request.
(B) Prior to using any transportation network vehicle, and annually thereafter, a
Class B transportation network licensee or a driver engaged by such licensee
shall have the vehicle inspected at a City-licensed motor vehicle repair shop or at
a facility designated by the City Manager, and maintain complete documentation
of such inspections in the vehicle at all times while being used to provide
transportation network services, and a written copy of such documentation shall
be provided to the City Manager upon request. To pass such inspection, a
transportation network vehicle shall, at a minimum, be rust-free and shall pass
the following inspections:
1. Foot brakes;
2. Emergency brakes;
3. Steering mechanism;
4. Windshield;
5. Rear window and other glass;
6. Windshield wipers;
7. Headlights;
8. Tail lights;
9. Turn indicator lights;
10. Stop lights;
11. Front seat adjustment mechanism;
12. Doors (open, close, lock);
13. Horn;
14. Speedometer;
15. Bumpers;
16. Muffler and exhaust system;
17. Condition of tires, including tread depth;
18. Interior and exterior rear view mirrors;
19. Safety belts for driver and passenger(s);
20. Drivetrain, including the transmission and universal joints;
21. Axles and wheels, including ball joints; and
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22. If the vehicle is a wheelchair-accessible vehicle, it shall also be inspected
for compliance with legally required safety standards.
(C) The licensee and the licensee's driver shall be jointly and severally liable for any
violation of this Section.
3-31-12: TRANSPORTATION NETWORK VEHICLES – DISTINCTIVE SIGNAGE AND
EMBLEM:
(A) A transportation network vehicle shall display, in a form approved by the City,
consistent and distinctive signage at all times while being used to provide
transportation network services. The distinctive signage shall be sufficiently large
and color contrasted (i) as to be readable during daylight hours at a distance of at
least 50 feet, and (ii) to identify a particular vehicle associated with a particular
licensee. Acceptable forms of distinctive signage include, but are not limited to,
symbols or signs on vehicle doors, roofs, or grilles. Magnetic or other removable
distinctive signage is acceptable. Licensees shall file an illustration of their
distinctive signage with the City Manager.
(B) A transportation network vehicle shall display a consistent and distinctive
emblem at all times while being used to provide transportation network services.
The City Manager is authorized to specify the manner of display, method of
issuance, design and contents of such emblem. Emblems displayed on
wheelchair-accessible transportation network vehicles shall specify or mark that
such vehicles are wheelchair- accessible.
3-31-13: TRANSPORTATION NETWORK VEHICLES – COMMERCIAL
ADVERTISEMENTS PROHIBITED:
Commercial advertisements shall not be displayed on the exterior or in the
interior of a transportation network vehicle.
3-31-14: TRANSPORTATION NETWORK VEHICLES – ACCESSIBILITY:
(A) Effective January 1, 2015, the Internet-enabled application or digital platform
used by a licensee to connect drivers and passengers shall be accessible to
customers who are blind, visually impaired, deaf and hard of hearing.
(B) Such application or platform shall provide customers with an opportunity to
indicate whether they require a wheelchair-accessible transportation network
vehicle. Licensees shall provide service to customers who require a wheelchair-
accessible transportation network vehicle either by: (1) connecting such
customers with the licensee's drivers who operate wheelchair-accessible
transportation network vehicles; or (2) entering into a service agreement with
other persons that dispatch wheelchair-accessible vehicles in order to dispatch
such vehicles through the licensee's application or platform. City Code Section 3-
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31-10(A) shall not be construed to prohibit licensees from entering into a service
agreement with persons that dispatch wheelchair-accessible transportation
vehicles as provided in this Subsection. Such application or platform shall allow
customers to designate whether or not they need a wheelchair-accessible
transportation network vehicle in setting their customer's profile with the licensee.
In addition, if such application or digital platform allows drivers to rate their
passengers, licensees shall train their drivers not to discriminate against people
with disabilities in their passenger ratings. It shall be a violation of this Chapter
for a driver to rate a passenger based upon a disability.
(C) In addition to the inspection requirements specified in City Code Section 3-31-11,
wheelchair-accessible vehicles shall be inspected by the City for compliance with
legally required safety standards before such vehicles are used as wheelchair-
accessible transportation network vehicles.
3-31-15 TRANSPORTATION NETWORK DRIVERS – REQUIREMENTS:
(A) No Class B transportation network provider licensee shall engage any person as
a transportation network driver unless the person possesses a valid restricted
public chauffeur license issued by the City pursuant to City Code Section 3-17-4
and rules and regulations promulgated thereto.
(B) No Class A transportation network provider licensee shall engage any person as
a transportation network driver unless the licensee ascertains, in a process
approved by the City Manager, that the person:
1. Possesses and has possessed a valid Illinois State driver's license, or a
valid driver's license of another state, district or territory of the United
States, for at least one year prior to applying to become a transportation
network driver;
2. Is at least 21 years of age;
3. Has not been convicted of reckless driving, hit and run, or driving with a
suspended or revoked license; and has not been convicted of or placed on
supervision for two or more offenses involving traffic regulations governing
the movement of vehicles, or whose Illinois driver's license has not been
suspended or revoked pursuant to Section 6-206 of the Illinois Vehicle
Code, codified at 625 ILCS 5/6-206, within the 12 months immediately
prior to applying to become a transportation network driver;
4. Has successfully completed a transportation network driver's training
program approved by the City Manager and conducted by the licensee or
other authorities approved by the City Manager. In addition to other
applicable requirements, such training program must cover topics related
to providing service to people with disabilities;
5. Has not, within the five years immediately preceding his application to be
a driver, been either found guilty by a court of any jurisdiction, In custody,
on parole, or under any other non-custodial supervision resulting from a
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finding or determination of guilt by a court of any jurisdiction for (i) the
commission of any felony as defined by Article 2 of the Illinois Criminal
Code of 2012, codified at 720 ILCS 5/2-0.5 et seq., (ii) any crime involving
moral turpitude, (iii) the. illegal sale or possession of any controlled
substance, (iv) indecent solicitation of a child or any criminal sexual
abuse or similar crime, or (v) operating a motor vehicle while under the
influence of alcohol or narcotic drugs; and
6. Has not had a public chauffer license or restricted public chauffeur license
suspended, revoked or non-renewed by the City within the five years
immediately preceding his application to be a driver.
(C) Any Class A transportation network provider licensee shall (1) perform a criminal
background check on each transportation network driver applicant; (2) obtain
each transportation network driver applicant's driving record; and (3) ascertain
that all the requirements of Subsection (b) are met before engaging a
transportation network driver.
1. Any Class A transportation network provider licensee shall maintain and
enforce a zero-tolerance policy for intoxicating substances. Such policy
shall promote zero tolerance using a combination of appropriate means
that may include education, random testing, assistance programs and
counseling, among other measures.
2. One year after engaging a driver, and annually thereafter, each Class A
transportation network provider licensee shall ascertain that the driver is
still eligible to be a transportation network driver by verifying that the driver
meets all of the requirements specified in this Section, including the
criminal background check requirement specified in Subsection (b)(2), and
shall keep records of such verification for a period of three years and shall
submit such records to the City Manager upon request.
(D) If any licensee engages an ineligible driver or if any Class A transportation
network provider licensee fails to annually ascertain the eligibility of each driver
such licensee engages, the licensee shall be liable for the violation of this
Section and shall also be jointly and severally liable with the ineligible driver for
any violation of this Chapter by the ineligible driver.
(E) Eligibility for engagement as a driver under this Chapter shall be a continuing
requirement for remaining so engaged. Nothing in this Chapter shall be
construed as requiring or mandating that the City ascertain eligibility of drivers.
The licensee, at all times, shall be solely responsible for compliance with this
Section.
3-31-16 TRANSPORTATION NETWORK DRIVER – INTOXICATING SUBSTANCE
POLICY:
(A) In addition to the prohibitions set forth in City Code Title 3, Chapter 17, any
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licensee shall include on its website, mobile application and riders' receipts, a
notice or information on the licensee's zero-tolerance policy for intoxicating
substances and the methods to report a transportation network driver whom the
rider reasonably suspects was under the influence of drugs or alcohol during the
ride. The website and mobile application shall include a phone number or mobile
application call function and email address to report the zero-tolerance complaint.
A licensee shall comply with any request for information made by the City related
to any zero-tolerance complaint.
3-31-17 DRIVER – IDENTIFICATION CARD:
The licensee shall issue an identification card to drivers that such licensee
engages. Such identification card shall have the name of the driver and a photograph
permanently attached to the identification card. A ll transportation network drivers shall
display the identification card at all times while operating a transportation network
vehicle in the City of Evanston.
3-31-18 OPERATING REGULATIONS:
(A) In addition to all other applicable requirements provided by law, it shall be
unlawful for any person:
1. Who is under the age of twenty-one years to operate a transportation
network vehicle;
2. To operate a transportation network vehicle while under the influence of
alcoholic beverages or controlled substances other than medication
prescribed by a physician, provided that such prescribed medication does
not warn that the user not operate machinery while taking the medication;
3. To operate, or cause to be operated, a transportation network vehicle in
any area where the operation of such vehicle is prohibited by applicable
law;
4. To operate a transportation network vehicle within the City while not in
possession of a valid driver's license issued by a state, district or territory
of the United States;
5. To operate, or cause to be operated, a transportation network vehicle that
does not meet the vehicle standard and inspection requirements specified
in this Chapter; or
6. To transport or cause to be transported more than seven passengers on
any given ride in a vehicle.
(B) No person may drink any alcoholic liquor while such person is operating or being
transported by a transportation network vehicle, nor may any person transport,
carry, possess or have any alcoholic liquor while being transported by a
transportation network vehicle, except in the original package with the seal
unbroken. For purposes of this Subsection the term "alcoholic liquor'' has the
meaning ascribed to that term in City Code Section 3-4-1.
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(C) No licensee or transportation network driver shall solicit potential passengers.
Transportation network vehicles may only be used to provide prearranged
transportation service. For purposes of this Subsection, the term “solicit” means
an appeal by words or gestures for immediate patronage of a transportation
network vehicle by a licensee or a transportation network driver upon the public
way attempting to direct people to a transportation network vehicle that is parked,
stopped, standing or moving upon the public way.
(D) No transportation network driver shall accept or respond to passengers' or
potential passengers' requests for service via traditional street hail, including
hand gestures and verbal statements.
(E) No transportation network vehicle shall be parked on any public way for a time
longer than is reasonably necessary to accept passengers in answer to a
prearranged transportation service and no passenger shall be accepted except
as provided in Subsection (C) of this Section. No transportation network vehicle
shall park or loiter at a City of Evanston taxicab stand established pursuant to
City Code Section 3-17-5-4.
(F) The Internet-enabled application or digital platform used by a licensee to connect
drivers and passengers shall display for a passenger:
1. The identification card of the transportation network driver;
2. A picture of the transportation network vehicle the driver is approved to
use, including the license plate number of the vehicle, and the make,
model and model year of the vehicle;
3. The City's 311 service center number the passenger may use to report
complaints; and
4. Whether smoking is permitted in the vehicle. If such application or digital
platform allows drivers to rate their passengers, it shall have a feature that
allows passengers to opt-out from being rated by drivers.
(F) Any licensee shall clearly disclose, on the licensee's on-line enabled application
or digital platform and website, that the licensee is a transportation network
provider. Additionally, the disclosure shall state that each licensee is required to
maintain insurance policies as specified in Section 3-31-9. Any licensee shall
provide proof of insurance policies required in Section 3-31-9 to each
transportation network driver before the driver begins providing service and for as
long as the driver remains available to provide service.
(G) Licensees shall have an affirmative duty to respond to requests for service in
underserved areas.
(H) Any transportation network driver shall, in the transportation network vehicle at all
times:
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1. Carry proof of the insurance policies required in Section 3-31-9 covering
the vehicle;
2. Carry an electronic or paper copy of the agreement or terms of service
between the driver and the transportation network provider; and
3. Display the vehicle's distinctive emblem issued pursuant to City Code
Section 3-31-12.
(I) All licensees and drivers must comply with all Federal, State of Illinois and City of
Evanston non-discrimination laws. No licensee shall discriminate against any
potential or existing employee, driver or passenger on account of race, color,
sex, gender identity, age, religion, disability, national origin, ancestry, sexual
orientation, marital status, parental status, military discharge status or source of
income.
(J) Any transportation network driver must comply with all Federal, State of Illinois
and City of Evanston non-discrimination laws by accepting, without extra charge,
riders with service animals.
(K) Any terms or conditions in the agreement between the licensee and the
transportation network driver, or between the licensee and any customer, that
would act as a waiver of the licensee’s liability to the driver, the customer, or to
the public, are declared to be contrary to public policy, null, void and
unenforceable.
(L) Any terms or conditions in the agreement between a licensee and a
transportation network driver that would prohibit the driver from engaging as a
transportation network driver with other licensees are declared to be contrary to
public policy, null, void and unenforceable.
(M) Transportation network vehicles shall be kept clean at all times they are used to
provide a transportation network service. The City of Evanston shall be the sole
authority in determining whether the vehicle is clean or not.
3-31-19: RESTRICTIONS ON HOURS OF OPERATION
(A) All licensees must implement processes to ensure that no transportation vehicle
driver operates a transportation network vehicle for more than 10 hours within a
24 hour period.
(B) No transportation network vehicle driver shall operate a transportation network
vehicle for one or more licensees for more than 10 hours within a 24 hour period.
(C) No vehicle shall be used in the operation of a transportation network vehicle by
one or more drivers for more than 10 hours within a 24 hour period.
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3-31-20: SERVICE CHARGES AND FARE RATES:
(A) Licensees may charge compensation for service based on distance travelled or
time elapsed during service, or based on distance travelled and time elapsed
during service, or a flat prearranged fare, or a suggested donation.
(B) Any licensee shall display the licensee's fare rate on such licensee's website and
Internet-enabled application or digital platform used by the licensee to connect
drivers and passengers. In addition, any licensee shall display a button for
displaying a fare quote for any requested trip on the licensee's Internet-enabled
application or digital platform in the same size and graphics as the licensee's trip
request button.
3-31-21: RECORDS AND REPORTS:
(A) Every licensee shall keep accurate books and records of account of the
licensee's operations at the licensee's place of business in the City for a
minimum of three years. Such records shall be submitted for inspection upon the
request of the City Manager. Such records shall also be maintained and shall be
produced in an electronic format or any other format required by the City.
(B) Each licensee shall provide the following data to the City Manager, at such times
and in a format and manner prescribed by the City Manager:
1. The number and percentage of the licensee's customers within the City
who requested wheelchair accessible vehicles and the number of filled
requests;
2. The number and percentage of rides requested and accepted, and the
number of rides requested and not accepted, by the licensee's drivers,
organized according to the geographic parameters and time frames
specified by the City Manager;
3. Information on any accident or other incident that involved the licensee's
driver and that was reported to the licensee, the cause of the incident, and
the amount paid, if any, for compensation to any party in each incident.
The report will contain information as to the date of the incident, the time
of the incident, and the amount that was paid pursuant to the licensee's
insurance policy. Also, the report will provide the total number of incidents
involving the licensee's driver during the year;
4. The average and mean number of hours and miles each of the licensee's
drivers spent driving for the licensee; and
5. Only for purposes of law enforcement or emergency response, real-time
tracking of the licensee's drivers and vehicles, including access to the
driver's identifying information, GPS location data, and whether or not the
driver is engaged with a passenger. If specialized hardware or software is
required for real-time tracking, the licensee shall provide the specialized
hardware or software to the City.
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(C) Nothing provided in this Section shall be construed to require licensees to
provide personally identifiable passenger information to the City.
3-31-22 LICENSE – SUSPENSION OR REVOCATION:
(A) The City Manager may seek all applicable penalties, including but not limited to
fines, license suspension, and license revocation in addition to restitution or other
equitable relief against any licensee that violates this Chapter or any rules or
regulations adopted pursuant to this Chapter.
(B) Before any suspension or revocation or fine is imposed, or equitable relief is
ordered, the licensee shall be notified of the specific charges against him and of
his right to a hearing.
(C) If the City Manager has information provided by a law enforcement agency or
any court of law that a licensee has been charged with the commission of a
felony, as defined in Article 2 of the Illinois Criminal Code of 2012, codified at 720
ILCS 5/2-0.5 et seq., arising in connection with the transportation network
provider business, the City Manager shall immediately suspend all licenses of the
licensee until final adjudication is made with respect to such charges.
(D) Any person whose transportation network provider license is revoked under this
Chapter shall be ineligible to receive another transportation network provider
license under the same or a different name for a period of five years following
revocation.
(E) In addition to the powers authorized in this Section, the City Manager may seek
suspension, revocation or may decline to renew a provider's license in
accordance with other applicable sections of this Code.
3-31-23 VIOLATION – PENALTY:
(A) Any licensee who violates this Chapter or any rule or regulation promulgated
hereunder shall be fined $750.00 for each such violation. Each day that any
violation shall continue shall be deemed a separate and distinct offense.
(B) Any person other than a licensee who violates any of the provisions of this
Chapter or any rule or regulation promulgated hereunder, shall be fined $750.00
for each such violation. Each day that any violation shall continue shall be
deemed a separate and distinct offense.
(C) In addition to fines, penalties for any violation of this Chapter, as applicable, may
include license suspension, rescission, non-renewal, revocation and/or vehicle
impoundment.
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3-31-24 IMPOUNDMENT OF VEHICLE – NOTIFICATION OF OWNER – PENALTY:
(A) In addition to any other applicable penalty, the owner of record of any motor
vehicle that is used for the transportation or the solicitation for the transportation
of passengers for compensation in violation of this Chapter shall be liable to the
City for an administrative penalty of $2,000.00 plus any applicable towing and
storage fees. Any such vehicle shall be subject to seizure and impoundment
pursuant to this Section. This Subsection shall not apply if the vehicle used in the
violation was stolen at that time and the theft was reported to the appropriate
police authorities within 24 hours after the theft was discovered or reasonably
should have been discovered.
(B) Whenever a police officer has probable cause to believe that a vehicle is subject
to seizure and impoundment pursuant to this Section, the police officer shall
provide for the towing of the vehicle to a facility controlled by the City or its
agents. Before or at the time the vehicle is towed, the police officer shall notify
any person identifying himself as the owner of the vehicle or any person who is
found to be in control of the vehicle at the time of the alleged violations, of the
fact of the seizure and of the vehicle owner's right to request a vehicle
impoundment hearing.
3-31-25: ENFORCEMENT – RULES AND REGULATIONS:
(A) Upon request, a driver shall display to the City Manager, or other person
authorized to enforce this Chapter, a physical or electronic record of a ride in
progress sufficient to establish that it was a prearranged transportation service.
To the extent that trip records are contained on electronic devices, drivers are not
required to relinquish custody of the devices in order to make the required
display.
(B) If any person files a complaint against a licensee or driver with the City Manager,
in addition to all other powers and remedies provided under this Code, the City
Manager shall have the right to inspect the licensee's records and transportation
network vehicles associated with the licensee as necessary to investigate and
resolve the complaint. If the complaint involves a driver not licensed as a public
chauffeur by the City, the City Manager may provide the complaint to the
licensee or licensees that engaged the driver. Nothing provided in this Section
shall be construed to prohibit the City Manager from investigating any complaint
against a transportation network driver or from taking appropriate enforcement
action in accordance with this Chapter, including the listing of such driver as
ineligible to be a transportation network driver.
(C) The City Manager is authorized to enforce this Chapter, and to adopt rules and
regulations for the proper administration and enforcement of this Chapter.
(D) Every license holder shall display distinctive signage and emblem as required by
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City Code Section 3-31-12. If a transportation network vehicle does not display
said signage and emblem as required by this Chapter, then the license holder of
the vehicle and the transportation network provider shall be prohibited from using
or permitting the use of the vehicle as a transportation network vehicle in the
City.
3-31-26: FARE RATES HIGHER THAN REGULAR RATES:
(A) A licensee licensed under this Chapter may charge passengers at a higher fare
rate than the regular fare rate displayed in the licensee's Internet- enabled
application or digital platform only if such licensee or such licensee's dispatch
complies with all of the following requirements:
1. The licensee or the licensee's dispatch through the licensee's or the
dispatch's Internet-enabled application or digital platform and e-mail
accounts of the licensee's subscribers provide public notice of the time
period when the higher fare rate would apply: and
2. The licensee's or the licensee's dispatch Internet-enabled application or
digital platform clearly provides to a customer requesting a trip the option
to obtain the total reasonable fare estimate of the trip in a range
expressed in dollars and cents in addition to any applicable rate multiplier.
The on-screen prompt for the choice to decline the fare estimate shall be
smaller in size than the on-screen prompt to accept that estimate.
3. The customer requesting the ride expressly agrees to the fare
estimate unless pursuant to Subsection (A)(2) the customer has chosen to
decline the estimate offered when accepting the ride on the licensee's or
the licensee's dispatch Internet-enabled application or digital platform.
SECTION 3: This ordinance shall take effect January 1, 2015.
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 Complied Statues and the courts of the State of Illinois.
SECTION 5: All ordinances or parts of ordinances in conflict herewith are hereby
repealed.
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
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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
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For City Council meeting of September 22, 2014 Item A16
Ordinance 112-O-14 Creating New Class S-1 Liquor License
For Introduction
To: Honorable Mayor and Members of the City Council
Administration and Public Works Committee
From: W. Grant Farrar, Corporation Counsel
Subject: Ordinance 112-O-14, Amending City Code Section 3-4-6 By Creating the
New Class S-1 Liquor License
Date: September 9, 2014
Recommended Action:
Local Liquor Commissioner recommends City Council adoption of Ordinance 112-O-14.
Summary:
The City of Evanston’s (“City”) does not have annual liquor license tailored for non-profit
organizations. Several non-profit members approached the City of Evanston’s Local
Liquor Control Board (“LLCB”) requesting the addition of a new annual liquor license for
such organizations. Historically, non-profit organizations have obtained one-day liquor
licenses at a cost of one hundred fifty dollars ($150.00) per day. The daily liquor license
fee can become a financial burden on non-profits that put on multiple daily events
throughout the year. Recognizing the financial impact daily liquor licenses impose on
non-profit organizations, a new subsection, Class S-1, was created for non-profit
organizations who wish to obtain an annual liquor license.
Legislative History:
The LLCB discussed the issues regarding the creation of a new liquor license to serve
non-profit organizations based in Evanston. At a recent meeting, the Mayor and the
Board directed staff to create a new S-1 liquor license that mirrored that of the current S
liquor license for nationally chartered veterans’ organizations. This approach seeks to
keep similar liquor licenses consistent and in harmony with one another. The annual S-
1 liquor license fee shall be five hundred dollars ($500.00).
Attachments:
Ordinance 112-O-14
Minutes of the July 16, 2014 Liquor Control Review Board meeting
Memorandum
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9/9/2014
112-O-14
AN ORDINANCE
Amending City Code Section 3-4-6 By Creating the New Class S-1
Liquor License
NOW BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
EVANSTON, COOK COUNTY, ILLINOIS, THAT:
SECTION 1: That Subsection 3-4-6 of the Evanston City Code of 2012,
as amended, is hereby further amended by the enactment of a new Subsection (S-1)
thereof, “Class S-1 Liquor License”, to read as follows:
(S-1) CLASS S-1 licenses, which shall authorize the sale of alcoholic liquors for
consumption only on the premises where sold and limited to their guests, which
may be issued only to locally chartered non-profit organizations that are based
within the City of Evanston, irrespective of the size of their organization. The
applicants for the renewal only 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 and renewal of such license
shall be five hundred dollars ($500.00).
The total fee required hereunder for renewal applicants electing to make
semiannual payments, payable according to the provisions of Section 3-4-7 of
this Chapter, shall be five hundred twenty five dollars ($525.00)
No more than zero (0) 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
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
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112-O-14
~2~
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
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Page 1 of 5
MEETING MINUTES
Liquor Control Board
Wednesday July 16, 2014
11:00 a.m.
Lorraine H. Morton Civic Center, 2100 Ridge Avenue, Room 2750
Members Present: Mayor Elizabeth Tisdahl, Dave Skrodzki, Dick Peach, Byron Wilson
Members Absent: Marion Macbeth
Staff Present: W. Grant Farrar, Theresa Whittington
Others Present: Nitya Poudel (Mumbai Grill); Thomas Douvikas (D&D Dogs); Kosta
Douvikas (D&D Dogs); Robert Lapata (The Wood Shed); Joe
Krause (The Wood Shed); Irene Bahr (Whole Foods); Noelle
Wagner (Whole Foods); Anita Remijas (Women’s’ Club of
Evanston)
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
Yoga and Renish, LLC, dba Mumbai Grill. 1728 Sherman Ave, Evanston, IL 60201:
Consideration of application for issuance of a Class D Liquor License
(Liquor/Restaurant).
Mumbai Grill requested consideration of an application for issuance of a Class D Liquor
License (Liquor/Restaurant). Mr. Poudel explained that he recently purchased the
restaurant that previously had a liquor license. He seeks a new liquor license under his
ownership. He explained that the restaurant serves Indian food and that he intends on
serving beer and wine at the restaurant. Mayor Tisdahl asked if all servers will have
BASSET training. Mr. Poudel responded that it is a family business run by him and his
wife. Currently only he is BASSET trained but his wife will get trained soon.
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 August 11,
2014.
D&D Dogs, Inc., dba D&D Dogs, 825 Noyes Street, Evanston, IL 60201:
D&D Dogs requested consideration of an application for issuance of a Class D Liquor
License (Liquor/Restaurant).
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Kosta Douvikas (KD) explained that D&D Finer Foods already has a liquor license to
sell packaged goods. KD would like to offer patrons of the restaurant (D&D Dogs) the
option to have a beer or wine with their food. He also plans to offer service of alcohol in
the outdoor eating area. Mayor Tisdahl questioned whether service of alcohol would be
allowed on the sidewalk café. Mr. Farrar explained that a type 2 restaurant with a
sidewalk café permit is prohibited from serving alcohol in the outdoor area. KD
acknowledged the restriction and indicated that he has indoor seating.
Mayor Tisdahl stated further that she received a lot of emails from concerned citizens
regarding the DMK liquor license and is worried that issuing a license to D&D Dogs will
create a negative precedent for the neighborhood . Dick Peach pointed out that there
are already businesses in the area with liquor licenses.
Anita Remijas commented that she lives in the neighborhood and is familiar with D&D
and contrasted it with DMK by stating DMK’s seating is very limited. The concern
regarding DMK was that students would buy harder alcohol. She further stated that
D&D has worked over the years at improving the area and expanding hours as the
residents require. She further stated that D&D Finer Foods has been very responsible in
its liquor sales practices. She feels D&D Dogs is larger than DMK and that they should
get a license.
Dick Peach stated that he thinks it is good for the area and good for the business. He
further stated that D&D Dogs is more than just a hot dog stand and it serves a wider
variety of food than DMK. Dave Skrodzki supported the license and stated that D&D
Dogs and D&D Finer Foods have been responsible business owners. Byron Wilson also
recommended issuance of a license.
Mayor Tisdahl indicated that in the future she would share citizen emails regarding
liquor licensing with the Liquor Board members. Mayor Tisdahl stated she would issue a
written decision regarding D&D Dogs’ request in a couple of days.
Kosta Douvikas offered that D&D Finer Foods has been in the neighborhood for over 40
years. It pays its liquor taxes in a timely manner. Students know that they diligently
check ID’s and use scanners to do so. They also require two forms of ID if presented
with an out-of-state ID. Mayor Tisdahl agreed that D&D Finer Foods runs a great
business and she likes the food at D&D Dogs. Her concern centers on the concerns of
residents in the area. Kosta Douvikas responded that residents visiting his establish
want to have alcohol with their meals.
Mayor Tisdahl indicated that she would issue her decision in a couple of days.
MDCC, LLC., dba The Wood Shed, 1700 Central Street, Evanston, IL 60201:
The Wood Shed requested consideration of an application for issuance of a Class D
Liquor License (Liquor/Restaurant).
Robert Lapata (RL) spoke on behalf of The Wood Shed. He explained that he is seeking
a full Class D license for a type 1 restaurant. He feels the restaurant will add value to
the development of the east side of Central Street that is underserved. Mr. Lapata also
lives in the neighborhood.
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Page 3 of 5
Dick Peach noted that the BASSET certificate was out of date. RL stated that he will
provide an updated/valid BASSET card as soon as possible.
Byron Wilson asked about the origin of the restaurant name. Robert Lapata responded
that they are in the process of changing the business name to The Ten Mile House.
They feel this name better reflects the atmosphere of the restaurant and is meaningful
to Evanston’s history.
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 August 11,
2014.
FOR DISCUSSION
Whole Foods Market, 2748 Green Bay Road, Evanston, IL
Whole Foods Market discussed its new business model for Green Bay Road that
includes on-site consumption. oelle Wagner W Store Design & Operations
Coordinator at Whole Foods Market, explained the store concept to the Board. Whole
Foods is proposing a diner that would serve beer and wine and a small wine bar that
would serve food in the form of cheese plates and other small plates. There are seating
areas in the plan that is conducive to confining alcohol consumption to specific areas if
needed. Whole Foods preference would be to allow a “sip and shop” experience
allowing patrons the ability to walk through the store with alcohol while shopping. There
have been no issues with similar models in other stores. Other local stores with similar
on-site consumption include Sauganash, Lincoln Park and Park Ridge. She stressed
that they are seeking to serve beer and wine only. The concept is in stores throughout
the country and some even include spirits. The on-site consumption adds to the dining
experience and provides a place for people to hangout.
Mayor Tisdahl raised concerns over the wine bar. Ms. Wagner explained that the wine
bar will serve food and that there will be a grill attached to the wine bar.
Dick Peach said it is an interesting concept and does not have any objections to it. Dave
Skrosdzki thinks the concept will work well in the proposed location and will be well
received by the area residents. Byron Wilson also supported the idea.
Grant Farrar (GF) asked about the target opening date. NW responded that Whole
Foods is aiming for August 2015. GF asked if the same “sip and shop” concept
proposed in Evanston is the same one implemented in Park Ridge. NW responded that
Park Ridge does not allow sip and shop and requires the alcohol service to take place in
a confined area. Irene Bahr explained that Park Ridge narrowed the scope of its code to
not allow for sip and shop and also put in other restrictions. GF asked when the on-site
consumption models were implemented at the Lincoln Park and Sauganash stores. NW
explained that the concepts were in place at the time of opening at both locations and
that the stores were designed with that intent. GF asked about the location of an
outdoor patio. NW responded that there are no pla ns for an outdoor patio at the Green
Bay Road location.
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Mayor Tisdahl asked how important “sip and shop” is to the store business plan. NW
stated that it is a model they would like to implement uniformly in the future and that is
enhances the shopping experience. Whole Foods would be agreeable to abandoning
that idea and confining alcohol consumption to specific areas of the store. Mayor
Tisdahl thinks that would more align with the values of Evanston residents.
Grant Farrar asked if there have been any incidents with over-consumption at any of the
other stores. NW responded “no”. She further stated that the Sauganash residents had
a lot of concerns prior to the store opening and that those concerns were addressed
though community meetings. NW stated that most people only have 1-2 drinks. GF
asked how they plan to monitor consumption. NW is not aware of any over-consumption
or under age instances like that at any of the stores. She further stated that all
personnel in the bar areas are all trained in the laws and they check everyone’s ID.
Whole Foods is very aware of the licensing requirements and do not want to put their
license at risk.
Grant Farrar noted that the concept has changed from the initial proposal. Mayor
Tisdahl expressed her intent to further vet the issue. She is concerned about spirits.
Irene Bahr noted that the concept has changed and Whole Foods intends to only serve
beer and wine at the location. Mayor Tisdahl rejected the “sip and shop” experience and
expressed her preference that alcohol service be contained to certain areas.
Representative from Whole Foods have had at least one meeting with the local
Alderman. The Mayor would like to allow time for Whole Foods to have further
conversation with the Alderman. She would like the neighbors to know in advance when
the issue will be on the City Council agenda. Irene Bahr was agreeable to holding any
further discussion until September or later while Whole Foods does furth er reach out to
the community.
Women’s Club of Evanston, 1702 Chicago Ave, Evanston, IL 60201
Anita Remijas of The Women’s Club of Evanston (WCE) discussed reducing the one-
day liquor licensing fees for class Z1 and class Z2. She explained that WCE hosts 10
days of public events per year that necessitate a one-day liquor permit. It is not cost
beneficial to acquire the one-day licenses as they often cost more than they sell in
alcohol. The money raised at the various events benefit the community. It’s a lot of
money to pay $150 per day for 10 events. She would like the fee waived or a fee per
event rather than per night.
Grant Farrar (GF) stated that the request would require a code amendment. Z1 and Z2
requirements apply city-wide to all organizations equally. A waiver could raise equal
protection issues and is not practical from an administrative point of view.
Consequently, a code amendment would be the most appropriate course of action. GF
recommended either increasing days allowed per event and/or reducing the one-day fee
for Z1 and Z2.
Dick Peach asked if hiring a licensed catering company might circumvent the need for a
one-day liquor license. Anita Remijas stated that they already do that for one particular
private event but the cost is actually more than a one-day liquor license.
Mayor Tisdahl inquired what about the cost of an annual liquor license. GF stated that
the closest license class is S and the annual fee is $500. GF offered that the class
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Page 5 of 5
description may be able to get expanded from just Veteran Organizations to include
other organizations that maintain club headquarters in the City of Evanston. The Board
was favorable to exploring a $500 per year annual license for non-profit organizations.
GF directed staff to research other potentially qualifying organizations to identify the
revenue impact of such a change. The Mayor will make a decision at a future date
pending this research.
ADJOURNMENT
The meeting was adjourned by the Local Liquor Control Commissioner Elizabeth
Tisdahl, Mayor at 11:59 a.m., July 16, 2014.
Respectfully Submitted,
Theresa Whittington
Liquor Licensing Manager, Legal Department
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PLANNING & DEVELOPMENT COMMITTEE MEETING
Monday, September 22, 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 SEPTEMBER 8, 2014
III. ITEMS FOR CONSIDERATION
(P1) Approval of Housing Authority of Cook County (HACC) Funding Request for
Rehabilitation of Perlman and Walchirk Apartments
The Housing and Homelessness Commission and City staff recommend funding in
the amount of $150,000 from the City’s HOME Investment Partnership grant for the
Housing Authority of Cook County’s Senior Redevelopment project for 199 units of
senior and disabled housing in the Walchirk and Perlman Apartments, located at
2300 Noyes Court and 1900 Sherman Avenue. Funding is provided by HOME Fund
Account 240.21.5430.65535.
For Action
(P2) Ordinance 115-O-14, Granting a Special Use for Commercial Indoor Recreation,
at 1017 Davis Street
The Zoning Board of Appeals and City staff recommend the adoption of Ordinance
115-O-14 granting a special use permit for Commercial Indoor Recreation, Tier One
Training Center, at 1017 Davis Street. The applicant has complied with all zoning
requirements, and meets all of the standards for a special use in the D2 Downtown
Retail Core District.
For Introduction
(P3) Ordinance 116-O-14, Granting a Special Use for Animal Hospital, Teuber
Veterinary Services LLC, at 1815 Central Street
The Zoning Board of Appeals and City staff recommend the adoption of Ordinance
116-O-14 granting a special use permit for an Animal Hospital, Teuber Veterinary
Services LLC, at 1815 Central Street. The applicant has complied with all zoning
requirements, and meets all of the standards for a special use in the B1a Business
District.
For Introduction
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Planning & Development Committee Meeting Agenda Page 2 of 2
September 22, 2014
IV. ITEMS FOR DISCUSSION
V. COMMUNICATIONS
VI. ADJOURNMENT
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Planning & Development Committee Meeting
Minutes of September 8, 2014 – 7:15 p.m.
Council Chambers - Lorraine H. Morton Civic Center
MEMBERS PRESENT: J. Fiske, J. Grover, D. Holmes, A. Rainey, M. Tendam
D. Wilson, M. Wynne
OTHERS PRESENT: Ald. Peter Braithwaite
STAFF PRESENT: B. Newman, C. Plante, M. Treto
PRESIDING OFFICIAL: Ald. Rainey
I. DECLARATION OF QUORUM
A quorum being present, Chair Rainey called the meeting to order at 7:20 p.m.
II. APPROVAL OF REGULAR MEETING MINUTES OF AUGUST 11, 2014
Ald. Grover moved approval of the minutes of the August 11, 2014 meeting,
seconded by Ald. Wynne.
The Committee voted unanimously 7-0 to approve the August 11, 2014
minutes.
III. ITEMS FOR CONSIDERATION
(P1) Ordinance 108-O-14, Granting a Special Use for a Residential Building at
1413-15 Howard Street
The Zoning Board of Appeals and City staff recommend adoption of Ordinance 108-
O-14 granting a special use permit for multi-family residential units in the B2
Business District. The applicant has complied with all other zoning requirements,
and meets all of the standards for a special use for this district.
For introduction
Chair Rainey called those who wished to speak to the podium.
Thomas Moore, representing the applicants, introduced Messrs. Stravinsky and
Czerny and explained that originally they had asked for a special use and a variance
for 7 residential units on the commercial property (ground floor), which has been
vacant for several years. In order to have a viable use, they have changed their
plans to 6 residential units on the ground floor and they have increased the number of
parking spaces, so no variance is being requested.
Chair Rainey explained that the property has been residential for 10 years and the
special use permit is for converting the ground floor space to residential in order to
provide handicap-accessible units.
Chair Rainey amended the motion to add that the rules be suspended.
DRAFT –
NOT APPROVED
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Planning & Development Committee Meeting
Minutes of September 8, 2014
Page 2 of 3
The Committee voted unanimously 7-0 to suspend the rules and recommend
Ordinance 108-O-14 for action.
(P2) Ordinance 105-O-14, Granting a Special Use for a Type 2 Restaurant,
Blaze Pizza at 1737 Sherman Avenue
The Zoning Board of Appeals and the City Staff recommend adoption of Ordinance
105-O-14 granting a special use permit for a Type 2 Restaurant, Blaze Pizza . The
applicant has complied with all other zoning requirements, and meets all of the
standards of a special use for this district.
For introduction
Ald. Holmes moved to recommend introduction of Ordinance 105-O-14,
seconded by Ald. Grover.
The Committee voted unanimously 7-0 to introduce Ordinance 105-O-14.
(P3) Ordinance 106-O-14, Granting a Special Use for a Commercial Indoor
Recreational Facility, Goldfish Swim School, at 2008 Dempster Street
The Zoning Board of Appeals and City staff recommend the adoption of Ordinance
106-O-14 granting a special use permit for a Commercial Indoor Recreation Facility,
Goldfish Swim School, at 2008 Dempster Street. The applicant has complied with all
zoning requirements, and meets all of the standards of a special use in the I2
General Industrial District. In order to meet their construction schedule and to fill a
large vacant commercial space, suspension of the rules is requested for introduction
and action by City Council on September 8, 2014.
For Introduction and Action
Ald. Wilson moved to recommend introduction and action of Ordinance 106-O-
14, seconded by Ald. Holmes.
Chair Rainey called those who wished to speak to the podium.
Sally Anderson, business partner of Goldfish Swim School and resident of 909
Elmwood, Evanston, introduced her partner, Jack Barbat. Ms. Anderson explained
that she will be the operating general manager of the Evanston swim school. They
explained that the water is 90° and the air is 92°. They teach safety skills and
competitive skills to children, toddler through 12 years old, all year round.
Ald. Braithwaite said he is excited about the activity in west Evanston and that Team
Evanston is across the street. He said they may include some special needs groups
as there are 2 autistic advocate organizations and the Child Care Network, which
meets the target population, in the area.
The Committee voted unanimously 7-0 for introduction and action of
Ordinance 106-O-14.
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Planning & Development Committee Meeting
Minutes of September 8, 2014
Page 3 of 3
(P4) Ordinance 104-O-14 Extension of Time for Orrington Hotel Planned
Development 1710 Orrington Avenue and 1717-1725 Sherman Avenue
Staff recommends adoption of Ordinance 104-O-14 to extend the time for
completion of Orrington Hotel Planned Development located at 1710 Orrington
Avenue and 1717-1725 Sherman Avenue originally approved in October of 2003.
The Ordinance grants a two-year extension to obtain building permits for
construction of the 30 residential units above the hotel’s parking garage located at
1717-1725 Sherman Avenue by October 11, 2016.
For introduction
Ald. Wynne moved to introduce Ordinance 104-O-14, seconded by Ald. Grover.
Chair Rainey called those who wished to speak to the podium.
Jean Lindwall of 625 Library Place said she believes this is a good project however
she recommended that it be specified in the Ordinance that this is the last extension
granted and that if they need another, they should go back to the Plan Commission
and go through the process again.
Ald. Grover said she saw parallels between this request and the request last
November by 708 Church, as it exceeds the time limit and the number of extensions
allowed, but this request differs because there is a new owner who has been very
active in the renovation. She added that according to the original ordinance,
applicants do have to go through the process again if they don’t finish in 2 years.
Ald. Holmes and Chair Rainey agreed that the new ownership made a difference.
The Committee voted unanimously 7-0 to introduce Ordinance 104-O-14.
IV. ITEMS FOR DISCUSSION
There were no items for discussion.
V. COMMUNICATIONS
There were no communications.
VI. ADJOURNMENT
The meeting was adjourned at 7:35 p.m.
Respectfully submitted,
Bobbie Newman
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For City Council meeting of September 22, 2014 Item P1
Business of the City by Motion: Housing Authority of Cook County HOME
Application
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: Housing Authority of Cook County (HACC) Funding Request for
Rehabilitation of Perlman and Walchirk Apartments
Date: September 11, 2014
Recommended Action
The Housing and Homelessness Commission and City staff recommend funding in the
amount of $150,000 from the City’s HOME Investment Partnership grant for the
Housing Authority of Cook County’s Senior Redevelopment project for 199 units of
senior and disabled housing in the Walchirk and Perlman Apartments, located at 2300
Noyes Court and 1900 Sherman Avenue, respectively.
Funding Source
Funding is provided by HOME Fund Account 240.21.5430.65535.
Discussion
The Housing Authority of Cook County (HACC) has two rental buildings for low income
seniors and persons with disabilities, Perlman and Walchirk Apartments, built in 1978
and 1984 respectively. Both need substantial rehab that is outside the capacity of their
Public Housing capital funds. In 2013, HACC approached Cook County and the City of
Evanston about their plan to apply for Low Income Housing Tax Credit (LIHTC) funding
of $15,750,000 in equity as the primary source of funding for the rehab and requested
HOME funds for gap financing of $3,249,235 from the City and County. This takes
advantage of a seldom-used HOME regulation that allows Evanston and Cook County
to combine their HOME funds in a collaborative project that benefits both jurisdictions.
Evanston does not have the capacity to provide the gap financing. Cook County and the
City provided letters of commitment for the LIHTC application, with funding contingent
on the receipt of tax credits and subject to their respective underwriting and approval
processes and availability of funds. Cook County HOME funds would comprise the
majority of the request and at that time Evanston expected to commit approximately
$50,000.
Memorandum
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HACC received an award of LIHTC in the amount of $1,500,000, however, when the
project went out to bid in spring 2014, all construction bids came in well above the
estimates used in their LIHTC application, increasing the overall project cost. To
address this additional gap, the HACC approached the City with a request to waive the
permit fees. HACC’s LIHTC application included $100,000 in permit fees, significantly
under the City’s Building Division estimate of $400,000.
The City of Evanston has not waived permit fees for affordable housing and staff was
asked to consider the request for a waiver of fees in its underwriting of the project. Staff
worked with Cook County to evaluate options to address the additional gap funding
needed for the project to proceed. Cook County has the capacity to provide most of the
additional funding. To address the remaining gap, staff recommends increasing the
City’s HOME commitment from $50,000 to $150,000 with any debt service structured at
an equal rate with the debt service required by the County HOME funds. Based on
HOME regulations, the City would get credit for rehabbing up to 150 units. The large
number of units rehabbed with HOME funds demonstrates the City’s commitment to
priority populations of low income seniors and persons with disabilities and results in
tremendous leveraging of external resources. The City has approximately $180,000 of
HOME funds that are not committed at this time. These HOME funds must be
committed to projects by June 2016.
Waiving the permit fees is not recommended. Although waiving permit fees can be an
effective way of reducing the cost of developing affordable housing, staff recommends
developing a policy on the use of permit fee waivers.
Cook County’s board approved a recommendation of $3,499,235 in HOME funds at
their September 10, 2014 board meeting. Those funds, combined with the City of
Evanston’s $150,000 in HOME funds, comprise the total gap funding needed. HACC
has a closing deadline of November 17, 2014 on the LIHTC financing with the Illinois
Housing Development Authority. Work is expected to start by December 2014 and be
completed by July 2016.
Attachments
Source and Uses
Map of building locations
Renderings
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Project Name Total Square Feet:199
Project Number Avg SqFt/Unit:150
Developer
Project Type:Target Population:
Unit Type Average Rent
Development Costs Total Per Unit % of Total
Total Predevelopment:$1,412,537 $7,098 5.5%
Total Acquisition:$554,847 $2,788 2.2%
Total Construction:$18,405,426 $92,490 71.5%
Total Professional Services:$524,974 $2,638 2.0%$178.89
Total Carrying & Construction Finance:$1,012,474 $5,088 3.9%
Total Permanent Financing:$609,110 $3,061 2.4%
Total Reserves:$1,219,407 $6,128 4.7%
$0 $2,000,000 $10,050 7.8%
Total Development Costs*$25,738,775 $129,341 100.0%
Permanent Sources Total Per Unit % of Total Interest Rate
Loan Term
(yrs)Annual Payment
Bank Mortgage Est. mortgage:$4,801,667 $3,166,000 $15,910 12.3%5.00%40 $183,196
$150,000 $754 0.6%0.00%
$15,750,000 $79,146 61.2%
$1,333,275 $6,700 5.2%
$610,411 $3,067 2.4%
$3,499,235 $17,584 13.6%0.00%
$10,000 $50 0.0%0.00%
Sponsor's GP Capital Contribution by Housing Authority of Cook County $100 $1 0.0%0.00%
Sponsor's Replacement Housing Factor Funds $1,219,754 $6,129 4.7%0.00%
$0 0.0%
Total Sources $25,738,775 $129,341 100.0%$183,196
(GAP) or Surplus ($0)$0 0.0%DCR:1.592467481
Amount Available
During
Construction % TDC
Const. Loan
Interest Rate
Private Construction Loan (bank financing)$9,475,374 36.8%
Developer Equity (Self-financing for acquisition, predevelopment, etc.)$10,100 0.0%
Other: State Tax Credit $1,333,275 5.2%
Other: Federal Tax Credit $15,750,000 61.2%
Other: Replacement Housing Factor Funds $1,219,754 4.7%
City of Evanston HOME Development Subsidy Available for Construction $135,000 0.5%
Costs Not Incurred During Construction (reserves, dev. fee, etc.)$3,219,407 12.5%
Total Construction Sources $31,142,910 121.0%
Construction Financing Surplus/(Gap)?$5,404,135 21.0%
City of Evanston HOME Subsidy Request Total Per Unit
Development Subsidy- Permanent Loan $150,000 $754 Permanent Subsidy
Proposed use of HOME funds:
Unit Mix Efficiency 1 BR 2 BR 3 BR 4 BR Total
< 30% AMI 0 159 0 0 0 159
40% AMI 0 0 0 0 0 0
50% AMI 0 40 0 0 0 40
60% AMI 0 0 0 0 0 0
<80% AMI 0 0 0 0 0 0
Market Rate 0 0 0 0 0 0
Total 0 199 0 0 0 199
Operating Budget Annual Per Unit
Gross Rent Potential $1,528,320 $7,680 Vacancy Years 1-4 8.0%
Other Income $23,820 $120 Vacancy Years 5+8.0%
Vacancy $124,171 $624 Rent Inflation Years 1-4 2.0%
Adjusted Gross Income $1,427,969 $7,176 Rent Inflation Years 5+2.0%
Operating Expenses $1,056,635 $5,310 Expense Inflation:
Net Operating Income $291,734 $1,466 Administration 3.0%
Debt Service $183,196 $921 Maintenance 3.0%
Operating 3.0%
Escrows & Reserves 3.0%
Debt & Cash Flow Over Time Annual Per Unit
1.59 Year 1 Net Cash Flow $108,538 $545
1.46 Year 5 Net Cash Flow $83,641 $420
1.22 Year 10 Net Cash Flow $40,830 $205
0.90 Year 15 Net Cash Flow ($17,679)($89)
0.48 Year 20 Net Cash Flow ($95,310)($479)
Total Per Unit
Total Cash Flow Over 10 Yrs $778,238 $3,911
Total Cash Flow Over 15 Yrs $813,782 $4,089
Total Cash Flow Over 20 Yrs $500,904 $2,517
$813,782
$500,904
Year 20 DCR
Year 10 DCR
$778,238
Key Assumptions
Construction Financing Sources (May include permanent
sources listed above.)
City of Evanston
Sources & Uses Summary
Developer Notes
Total Cost/SqFt:
Year 15 DCR
Sponsor's Charitable Contribution required by IAHTC and GP Capital
Year 1 DCR
Evanston Senior Redevelopment
1147
143,877
723
Elderly
640
City of Evanston HOME Funds (Development Subsidy)
Construction Hard Costs
Low Income Housing Tax Credits
Developer Equity
HACC HOME FUNDS
Other State/Federal/Historic Tax Credits
Year 5 DCR
$127.92
Total Units:
HOME Units:
Construction Cost/SqFt:
Housing Authority of Cook County
Rehab
Multi-Story w/Elevator
State HOME Funds
After Cash Flow Payments:
City of Evanston HOME Application 9.9.2014
8)Sources&Uses
Page 1 of 3
9/11/2014342 of 519
Developer Notes Date Entered
City of Evanston Underwriting Summary
8.2.2014
Date
City of Evanston Underwriting Notes Date Entered
Buildings are very old. Perlman was built in 1978 and Walchirk in 1984.
Yes
All costs fall with ranges as set in the policies and procedures
Name
Mary Ellen Poole
a. Can the project cover capital improvements throughout the
Period of Affordability?
Underwriting performed by:
Title
8. What contingencies should be placed on funding?
9. CURRENT RECOMMENDATION FOR FUNDING:
a. Is there evidence they are managing similar properties
successfully?
e. Concerns/Other info:
Need more info
Nonec. Concerns/Other info:
c. Concerns/Other info:
b. Any problem projects current or past?
None
All are very low rents and supported by a RAD (Rental Assistance Demonstration) contract
4. Assess neighborhood market conditions:
a. Completed similar projects successfully?
b. Any problem projects current or past?
HACC Building with wait lists
None
Yes
b. What supports lease up within 18 months?
a. How does project fit in with Con Plan, housing strategies,etc?
1. General Justification for Funding:
Very low income Seniors and/or disabled
None
Yes. All sources are committed
None
Housing Planner
$150,000 HOME COE funds
None
Need more info
b. Is an additional Capital Reserve needed? How will it be
funded?
Yes
a. What supports proposed rents?
2. Why is the project needed?
3. Examine the sources & uses and operating pro forma.
b. How was this determined?
f. Concerns/Other info:
a. Are costs reasonable?
c. Concerns/Other info:
5. Assess the capacity of the developer/development team.
Committed
Well past 5 years
None
HACC
Resumes provided. Experienced
d. What is the status of other funding sources?
e. Describe the evidence that the project can operate
sustainably through the compliance period.
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. Has adequate funding been secured?
None
City of Evanston HOME Application 9.9.2014
8)Sources&Uses
Page 2 of 3
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City of Evanston HOME Application 9.9.2014
8)Sources&Uses
Page 3 of 3
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For City Council meeting of September 22, 2014 Item P2
Ordinance 115-O-14: Special Use for Commercial Indoor Recreation Facility, Tier One
Training Center, at 1017 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
Ellen Cholewa, Community Development Intern
Subject: Ordinance 115-O-14, Granting a Special Use for Commercial Indoor
Recreation, at 1017 Davis Street
Date: September 10, 2014
Recommended Action
The Zoning Board of Appeals and City staff recommend the adoption of Ordinance 115-
O-14 granting a special use permit for Commercial Indoor Recreation, Tier One Training
Center, at 1017 Davis Street. The requested special use permit will allow a new
business to open within the city and will utilize a currently vacant space in an existing
downtown retail district. The applicant has complied with all zoning requirements, and
meets all of the standards for a special use in the D2 Downtown Retail Core District.
Summary
1017 Davis Street is located on the north side of Davis Street and just west of Maple
Avenue in the D2 Downtown Retail Core District. The building on the site was
previously occupied by Fit and Frisky pet supply store and has been vacant. The
surrounding area features an animal hospital, a nonprofit organization, and other
commercial retail uses. The building is in good condition, measures one story tall, and
shares similar characteristics with other existing buildings on the block.
Tier One Training Center will operate as an exercise and training facility with a variety of
indoor programs featuring self defense, boxing and martial arts for adults and children.
The facility is currently approved to operate one class at a time with a maximum of 15
students, but requires special use approval to operate with a larger customer base as a
Commercial Indoor Recreation facility. The applicant proposes to run two studio rooms
that will be used concurrently with 15 students in each room during peak hours. A
maximum of 30 students will be permitted at any one time. The business will employ 4
Memorandum
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full-time instructors to lead programs and training sessions. In the future, if necessary,
a membership coordinator will be hired. .
Tier One Training Center, Inc will occupy the west unit in the building. Changing rooms,
without showers, will be available at the facility. The applicant proposes a small retail
area in the front of the facility as well. The facility will operate from 7-10 a.m. and 4-8
p.m. on weekdays, 8 a.m. to 1:30 p.m. on Saturdays, and will be closed on Sundays.
Background music will play during some classes, but will not be loud since instructors
will need to communicate with the classes and classes will occur concurrently.
Soundproofing will be installed to minimize noise transmission to adjacent buildings.
There is no on-site parking available, so it is anticipated that many customers will walk
or take public transportation, while the rest will utilize parking garages or metered on-
street parking spaces.
Neighborhood Benefit
This use should not cause a negative cumulative effect on the surrounding
neighborhood. The neighborhood will benefit from having a small business that will
enhance the neighborhood and utilize a vacant storefront. The special use would also
allow a new business to provide fitness and training classes bettering the quality of life
for patrons of the establishment.
Comprehensive Plan
The Evanston Comprehensive General Plan encourages the redevelopment and
adaptive reuse of vacant buildings that can add sales tax revenue for the City and
services for neighboring residents. 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.
Objective: Recognize the benefits of mixing residential, commercial,
and institutional uses in neighborhoods.
Tier One Training Center, Inc will utilize a vacant storefront and will diversify the
services and opportunities offered in Evanston while enhancing the surrounding
neighborhood.
Legislative History
September 9, 2014: The ZBA recommended unanimous approval of the special use
permit with the following conditions:
1. Adequate soundproofing is installed as required by lease.
2. Hours of operation fall between 6 a.m. and 11 p.m., 7 days a week
3. Employees are not to park on the street
4. The project must be in substantial compliance of the documents and
testimony on record.
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Attachments
Proposed Ordinance 115-O-14
September 9, 2014 ZBA Draft Meeting Minutes
ZBA Findings
Staff memo to the ZBA & ZBA Application Packet – September 9, 2014
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9/9/2014
115-O-14
AN ORDINANCE
Granting a Special Use Permit for a Commercial Indoor Recreational
Facility Located at 1017 Davis Street in the D2 Downtown Retail Core
District (“Tier One Training Center”)
WHEREAS, the Zoning Board of Appeals (“ZBA”) met on September 9,
2014, pursuant to proper notice, to consider case no. 14ZMJV-0094, an application filed
by Arpun Nagaraja, lessee of the property legally described in Exhibit A, attached hereto
and incorporated herein by reference, commonly known as 1017 Davis Street (the
“Subject Property”) and located in the D2 Downtown Retail Core District, for a Special
Use Permit to establish, pursuant to Subsection 6-11-3-4 of the Evanston City Code,
2012, as amended (“the Zoning Ordinance”), a Commercial Indoor Recreational Facility,
“Tier One Training Center,” on the Subject Property; and
WHEREAS, the ZBA, after hearing testimony and receiving other evidence,
made a written record and written findings that the application for a Special Use Permit for
a Commercial Indoor Recreational Facility met the standards for Special Uses in Section
6-3-5 of the Zoning Ordinance and recommended City Council approval thereof; and
WHEREAS, at its meeting of September 22, 2014, the Planning and
Development Committee of the City Council (“P&D Committee”) considered the ZBA’s
record and findings and recommended the City Council accept the ZBA’s
recommendation and approve the application in case no. 14ZMJV-0094; and
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115-O-14
~2~
WHEREAS, at its meetings of September 22, 2014 and October 13, 2014,
the City Council considered and adopted the respective records, findings, and
recommendations of the ZBA and P&D Committee, as amended,
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.
SECTION 2: The City Council hereby approves the Special Use Permit
for a Commercial Indoor Recreational Facility on the Subject Property as applied for in
case no. 14ZMJV-0094.
SECTION 3: Pursuant to Subsection 6-3-5-12 of the Zoning Ordinance,
the City Council hereby imposes the following conditions on the Applicant’s Special Use
Permit, violation of any of which shall constitute grounds for penalties or revocation of
said Permit pursuant to Subsections 6-3-10-5 and 6-3-10-6 of the Zoning Ordinance:
A. Compliance with Applicable Requirements: The Applicant shall develop and
use the Subject Property in substantial compliance with: all applicable legislation;
the Applicant’s testimony and representations to the ZBA, the P&D Committee,
and the City Council; and the approved plans and documents on file in this case.
B. Hours of Operation: The Applicant shall operate the Commercial Indoor
Recreational Facility authorized by this ordinance only between the hours of 6:00
a.m. and 11:00 p.m. on any given day.
C. Employee Parking: Employees shall not park on the street during hours of
operation.
D. Soundproofing: Applicant agrees to provide adequate soundproofing of the
facility.
E. Recordation: Before it may operate the Special Use authorized by the terms of
this ordinance, the Applicant shall record, at its cost, a certified copy of this
ordinance with the Cook County Recorder of Deeds.
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115-O-14
~3~
SECTION 4: 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 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: All ordinances or parts of ordinances in conflict herewith are
hereby repealed.
SECTION 7: 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 8: 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
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115-O-14
~4~
EXHIBIT A
LEGAL DESCRIPTION
LOT 10 IN BLOCK 67 OF EVANSTON, IN THE NORTH HALF OF THE SOUTHWEST QUARTER OF
SECTION 18, TOWNSHIP 41 NORTH, RANGE 14, EAST OF THE THIRD PRINCIPAL MERIDIAN.
PINs: 11-18-302-020-0000
COMMONLY KNOWN AS: 1017 Davis Street, Evanston, Illinois.
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Page 1 of 7
Zoning Board of Appeals
MEETING MINUTES
ZONING BOARD OF APPEALS
Tuesday, September 9, 2014
7:00 PM
Civic Center, 2100 Ridge Avenue, Council Chambers
Members Present: Matt Rodgers, Violetta Cullen, Clara Wineberg, Scott Gingold, Beth
McLennan, Andrew Gallimore
Members Absent: Mary Beth Berns
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 7:05pm.
Approval of Minutes
The minutes from the August 19, 2014 Zoning Board of Appeals meeting were motioned for
approval. Ms. Cullen made the motion and it was seconded by Ms. McLennan. The motion was
approved 3-0, 3 members abstained.
Old Business
423 Greenleaf Street ZBA 14ZMJV-0099
Philip Stephens, property owner, applies for major zoning relief to construct a roofed front and
side yard porch. The applicant requests a 7’ front yard setback where 24.3’ is required for a
porch (6-4-1-9-B-1) and 42.9% building lot coverage where a maximum 30% is allowed (Zoning
Code Section 6-8-2-7). The Zoning Board of Appeals is the determining body for this case.
Ms. Klotz read the case into record.
Mr. Stevens, property owner, explained the proposal:
• Original porch was removed in 1951. Owners would now like to put it back.
• Historic Preservation Commission approves of proposal.
• Intends to change 2/3 of driveway into pervious pavers.
• Impervious surface coverage will be lower than the current percentage.
• Many neighbors are supportive of the proposal, as is the alderman of this district.
• Many neighboring properties have similar porches and/or setbacks.
Minutes from the 2010 case were presented.
The ZBA entered into deliberations:
Mr. Gingold stated that this case is quite different from the one presented in 2010 now that there
is no call for an impervious surface coverage variance. He also mentioned that the proposed
setback is similar to setbacks found throughout the neighborhood.
Ms. McLennan said that she believes the porch is necessary since the street trees had been
removed and there is a need for shading in the front yard.
Ms. McLennan motioned to approve the variance.
The motion was seconded by Mr. Gallimore.
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Page 2 of 7
Zoning Board of Appeals
The vote concluded at 6-0 in approval with the following condition:
• The project must be in substantial compliance of the documents and testimony on
record.
NEW BUSINESS
510 Kedzie Street ZBA 14ZMJV-0105
Chicago Title Land Trust Company – Trust Number R-2022, property owner, applies for major
zoning relief to construct 12 open parking spaces. The applicant requests 51.9% building lot
coverage where a maximum 45% is allowed (Zoning Code Section 6-8-7-6). The Zoning Board
of Appeals is the determining body for this case.
Ms. Klotz read the case into the record.
Thomas Pins, architect/property manager, explained the proposal:
• Proposes 12 parking spaces- 1 per unit
• Additional landscaping will serve as a buffer along the south property line consisting of
trees and shrubs.
• If there are concerns about the buffer, a parking space could be eliminated to allow for
an additional buffer. There are some safety concerns though, so it is not preferable.
• The proposed shrubs would grow to be 8’-9’ tall
• The building is a rental and requires a handicap space.
• Same property owner as when the building was still there.
• Currently, residents park on the street- at least 1 vehicle per unit
Mr. Gingold asked how parking spaces would be distributed. Mr. Pins responded that the
spaces would be rented out to the people who live in that building.
Chair Rodgers asked that if any spaces were left unrented, who would get them? Mr. Pins
answered that there would probably not be any extras, as the spaces would all go to the renters.
Mr. Gingold inquired about the cost of the project. Mr. Pins said that he has spent $60,000-
80,000 already and still needs to pay the cost of actually building the parking lot.
Chair Rodgers asked if drainage had been addressed, and Mr. Pins said yes, there is drainage
within the lot.
Nicki Bazer said that she believes this proposal does not meet Standards. Substantial impact
by what was once a home and yard will become a parking lot with noise, lights, and shrubs.
She stated that this project is specifically meant to extract additional income to rent each space.
She noted that the alley is already busy enough as it is because of recent AMLI building.
David Driscal voiced his objections due to potential noise and that the parking lot will cheapen
his view. He asked what would become of the tree at the southeast corner of the lot, and Mr.
Pins said that it will remain.
Daniel Mathegon spoke about how the previously existing building on the property was very
problematic. He said it was mismanaged and that crime was not unusual. His concern now is
privacy. He believes that a fence would be a better alternative. He is not convinced that the lot
will be maintained properly and raised issues about lighting, as he believes there is already too
much light pollution coming from AMLI.
Mr. Pins stated that this parking will serve to benefit the neighborhood. He wished to address
the concerns of the property owners to the south. He said there were other possibilities such as
pear trees lining the south side of the property. He also stated that lights will be on the building
aimed towards the parking spaces.
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Page 3 of 7
Zoning Board of Appeals
Chair Rodgers asked Mr. Pins if he would be open to a proposal asking for one less space and
planting more trees, to which Mr. Pins answered, yes.
Mr. Gingold asked that if they complied with the building lot coverage, would they need any kind
of special approval. Ms. Klotz said, no, they could compliantly build 5 parking spaces.
The ZBA entered into deliberations:
Mr. Gingold commented that this proposal is difficult. The property owner could construct 5
spaces as a right, without landscaping, etc. This proposal definitely serves to extract additional
income and does not meet the minimum change necessary.
Ms. McLennan and Mr. Rodgers resonated agreement with Mr. Gingold.
The Standards were addressed:
1. No
2. Yes
3. Yes
No- Mr. Gingold
4. No
5. No
Yes-Mr. Gallimore
6. Yes
7. No
Mr. Gingold moved to recommend denial of the proposal.
Ms. Cullen seconded the motion.
The vote concluded at 6-0 in denial.
1017 Davis Street ZBA 14ZMJV-0094
Arpun Nagaraja, lessee, applies for a special use permit for a Commercial Indoor Recreation
Facility, Tier One Training Center, at 1017 Davis Street. 1017 Davis Street is located in the D2
Downtown Retail Core District, which requires a special use permit for Commercial Indoor
Recreation Facilities to operate (Zoning Code Section 6-11-3-4). 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.
Arpun Nagaraja, lessee, explained the proposal:
• Programs offered include: Krav mage, boxing, TACFIT (law enforcement training), etc
• Offers fitness and self defense classes
• Approved to run 1 class at a time but would like to run more which calls for a Special
Use Permit
• Hours of operation: Mon-Fri 7-10 a.m. & 4-8 p.m., Sat 8 a.m.-1:30 p.m., Sun closed
• Parking can be found at meters or clients can utilize public transit
• 4 full-time employees & 1 part-time employee
• 2 studios on premises with ≈12 students maximum in each.
Mr. Gingold asked where staff would plan on parking. Mr. Nagaraja explained that 2 employees
intend to walk to work, 1 employee does not own a car, and the other rents a residential parking
space.
Ms. Cullen asked if people were not permitted to park in residential permit spaces found nearby,
and Mr. Nagaraja said she was correct.
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Page 4 of 7
Zoning Board of Appeals
Chair Rodgers asked about any kind of noise issues. Mr. Nagaraja said that no amplified voice
would be used, but music would be played occasionally inside the studio. The music would not
be heard from the street.
Ann Sikon, owner of CIF (business next door), stated that the noise was bad throughout the
interior build out. She said there is a cause for concern because she can already hear the
martial arts noises coming from next door. She asked if there were any sound proofing
measures being taken.
Joy Ann Kunz, parent of child at CIF, mentioned that sudden sounds coming from the studio are
problematic for her child’s disabilities.
Mr. Nagaraja said that there is a clause in their lease which states that CIF cannot be impacted
by noise. He said that he had not been aware that CIF could hear anything and that he will
definitely take the proper steps to soundproof. He mentioned looking into a soundproof wall and
soundproofing within the drop ceiling.
The ZBA entered into deliberations:
Mr. Rodgers noted that the applicant is willing to address the noise issue that impacts CIF.
Mr. Gallimore stated that as long as adequate soundproofing is installed then there is no need
for concern.
The Standards were addressed:
1. Yes
2. Yes
3. Yes
4. Yes
5. Yes
6. Yes
7. Yes
8. Yes
9. Yes
Ms. Gingold motioned to recommend approval of the proposal with the following conditions:
• Adequate soundproofing is installed as required by lease.
• Employees cannot park on the street.
• Hours of operation fall between 6 a.m. and 11 p.m., 7 days a week
• The project must be in substantial compliance of the documents and testimony on record
The motion was seconded by Ms. McLennan and approved 6-0.
1815 Central Street ZBA 14ZMJV-0097
Fionnaula Teuber, lessee, applies for a special use permit for an Animal Hospital, Teuber
Veterinary Services LLC, at 1815 Central Street. 1815 Central Street is located in the B1a
Business District and the oCSC Central Street Corridor Overlay District, which requires a
special use permit for Animal Hospitals to operate (Zoning Code Section 6-9-5-3). 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.
Fionnaula Teuber, lessee, and Bob Edwards, design consultant, explained the proposal:
• This has been an Evanston business since 1954
• Used to board animals, but does not any longer
• Current building is no longer adequate for business
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Page 5 of 7
Zoning Board of Appeals
• Plans to relocate from 2515 Gross Point Road
• Hours of operation: Mon-Fri 8 a.m. - 5 p.m., Sat 8 a.m. – noon
• 9 full-time employees & 2 part-time employees
• Typically does not provide emergency care. There are other clinics in the area that can
provide that
• Will have 8 parking spaces on-site and public transit is very close.
Ms. Gingold inquired whether there were any unique design challenges. Mr. Edwards stated
that noise and odor will not be a big issue because there will be no overnight boarding and there
will be a noise barrier within the hospital between the waiting room and to the 2nd floor above.
He went on to say that he has installed such barriers in mixed-use buildings many times before
and has had no issues. Additional insulation will be installed in the dog ward.
Dr. Jerome Wagner, lessee of psychotherapy office above 1815 Central, stated his concerns
regarding the noise brought on by barking dogs. He was skeptical that any soundproofing
would fully muffle the barking. He noted that there is a school crossing nearby and the dogs
could be a potential hazard to the children, not to mention people heading to Northwestern
University football games and the nearby residents.
Mr. Rodgers asked where Dr. Wagner’s offices were located in the building, to which he
answered, the front of the building on the 2nd floor.
Mr. Gingold asked if Dr. Wagner had discussed his concerns with the landlord. Dr. Wagner said
that he only heard about this matter yesterday and that the landlord seemed to think the animal
hospital would be good. Dr. Wagner then admitted that he could hear the Metra bell and the
ambulances heading to the hospital, but could carry on a conversation just fine.
Kerry Palmer notified the Board that this matter was just brought to her attention yesterday.
Janice Libby, owner of nearby business, stated that she was opposed to the animal hospital due
to the fact that the area is not zoned for such a use. She maintains that the hospital will
interfere with day spa activities that call for a quiet and tranquil business environment. She
stated that they will not be able to fully soundproof and that the corner is already congested as it
is. She believes it will negatively impact the surrounding area. She raised the question of
where animal waste will go.
Ann Marinic, associated with Daniel K. Marinic, DDS, voiced her concerns about animal owners
leaving animal waste in the green space outside. She also noted that parking might be an
issue.
Mary Treestob, resident, said that people are always parking in front of her house. She said
she is happy to hear that the hospital will have 8 parking spaces available to employees, but still
wonders where customers are going to park. She noted that parking was not available for a few
blocks in either direction.
Chair Rodgers stated that there are parking concerns in general for the area and it might be an
issue worth discussing with Alderman Grover, in general.
Ms. Teuber clarified that more than half of the customers are cat owners. Since the hospital
takes patients by appointment only, they can regulate how many and when customers come in
based on the parking available. Generally, there will be 2-4 appointments at a time. Extra
exam rooms will be available for cleaning time.
Mr. Gingold asked how they intend to mitigate animal waste. Ms. Teuber replied that waste
bags will be provided to customers. All employees will be responsible for keeping the area
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Page 6 of 7
Zoning Board of Appeals
clean. Mr. Edwards went on to say that they have very high standards and follow a good
neighbor policy. No other problems have arisen at other facilities.
Ms. Klotz clarified the notification process for the Special Use Permit.
Mr. Gingold entertained the idea of a continuation to give people who had just heard about this
case more time.
Chair Rodgers commented that he was not sure that would change anything. The proper notice
was given and the Zoning Board of Appeals is not the determining body.
Mr. Gingold motioned for a continuance, which was seconded by Ms. McLennan.
Mr. Treto stated that only eligible property owners may request a continuance.
Ms. Teuber added that a continuance would cause undue hardship.
The motion for a continuance was tied 3-3. This issue was tabled for the time being so legal
could determine how to proceed.
2140 Lincolnwood Drive ZBA 14ZMJV-0104
Healy M. Rice, architect, applies for major zoning relief to construct a 1.5-story addition. The
applicant requests a 7.8’ street side yard setback where 15’ is required (Zoning Code Section 6-
8-2-8-A-2). The Zoning Board of Appeals is the determining body for this case.
Mr. Rice, architect, explained the proposal:
• The old house was constructed prior to the current zoning code
• Want to construct a new garage with office space above
• Propose shorter roof height than existing house
• Want to keep as much distance as possible from the neighbors
Legal has determined how to proceed with 1815 Central and the Zoning Board of Appeals will
briefly return to that case.
1815 Central Street ZBA 14ZMJV-0097
Mr. Treto states that a motion without 4 yay votes fails, so the motion to continue fails.
The Standards were addressed:
1. Yes
2. Yes
3. Yes
4. Yes
5. Yes
6. Yes
7. Yes
8. Yes
9. Yes
Mr. Gingold inquired whether a Litter Collection Plan could be revised to include animal waste,
and Ms. Teuber said, yes.
Chair Rodgers noted that hours of operation should be a condition.
Mr. Gingold advised that City Council could decide if certain hours of operation should be
modified in light of children crossing the street.
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Zoning Board of Appeals
Ms. McLennan motioned to recommend approval of the proposal with the following conditions:
• Substantial compliance
• Hours in regard to the school crossing should be examined by City Council
• Employees are not permitted to park on the street
• Waste Pick Up Plan
The motion was seconded by Ms. Cullen and approved 6-0.
2140 Lincolnwood Drive ZBA 14ZMJV-0104
Mr. Gingold supported the proposal because the addition continues along the line of the existing
garage. Ms. McLennan was in agreement with Mr. Gingold.
The Standards were addressed:
1. Yes
2. Yes
3. Yes
4. Yes
5. Yes
6. Yes
7. Yes
Ms. McLennan motioned to recommend approval of the proposal with the following condition:
• The project must be in substantial compliance of the documents and testimony on
record.
The motion was seconded by Ms. Cullen and approved 6-0.
The meeting adjourned at 10:20 p.m.
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FF II NN DD II NN GG SS
FOR STANDARDS OF
SS PP EE CC II AA LL UU SS EE PP EE RR MM II TT SS
In the case of
After conducting a public hearing on September 9, 2014, the Zoning Board of Appeals
makes the following findings of fact, reflected in the audio-visual recording of the
hearings, based upon the standards for special uses specified in Section 6-11-3-4 of the
Zoning Ordinance:
Standard Finding
(A) It is one of the special uses specifically
listed in the zoning ordinance;
___X__Met _____Not Met
Vote 6-0
(B) It is in keeping with purposes and policies of
the adopted comprehensive general plan
and the zoning ordinance as amended from
time to time;
___X___Met _____Not Met
Vote 6-0
(C) It will not cause a negative cumulative
effect, when its effect is considered in
conjunction with the cumulative effect of
various special uses of all types on the
immediate neighborhood and the effect of
the proposed type of special use upon the
city as a whole;
___X___Met _____Not Met
Vote 6-0
(D) It does not interfere with or diminish the
value of property in the neighborhood; ___X___Met _____Not Met
Vote 6-0
(E) It can be adequately served by public
facilities and services ___X___Met _____Not Met
Vote 6-0
(F) It does not cause undue traffic congestion;
___X___Met _____Not Met
Vote 6-0
Case Number: 14ZMJV-0094
Address or
Location:
1017 Davis Street
Applicant: Arpun Nagaraja
Proposed
Special Use:
Commercial Indoor Recreation Facility, Tier One Training Center
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(G) It preserves significant historical and
architectural resources; ___X___Met _____Not Met
Vote 6-0
(H) It preserves significant natural and
environmental features; and ___X___Met _____Not Met
Vote 6-0
(I) It complies with all other applicable
regulations of the district in which it is
located and other applicable ordinances,
except to the extent such regulations have
been modified through the planned
development process or the grant of a
variation.
___X___Met _____Not Met
Vote 6-0
and, based upon these findings, and upon a vote
__6__ in favor & __0__ against
Recommends to the City Council
_____ approval without conditions
__x__ approval with conditions specifically:
1. Adequate soundproofing is installed as required by lease
2. Hours to be between 6 a.m. to 11 p.m., 7 days a week
3. Employees are not to park on the street
4. Project must be in substantial compliance with the documents and testimony on
record
_____ denial of the proposed special use.
__________________________________________ Date: _____________
Matt Rodgers
Zoning Board of Appeals Chair
Attending: Vote:
Aye No
_______ Mary Beth Berns _____ ____
___X___ Clara Wineberg _ X_ ____
___X___ Scott Gingold __X__ ____
___X___ Beth McLennan __X__ ____
___X___ Matt Rodgers __X__ ____
___X___ Violetta Cullen __X__ ____
___X___ Andrew Gallimore __X__ ____
368 of 519
For City Council meeting of September 22, 2014 Item P3
Ordinance 116-O-14: Special Use for Animal Hospital, Teuber Veterinary Services LLC, at
1815 Central 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
Ellen Cholewa, Community Development Intern
Subject: Ordinance 116-O-14, Granting a Special Use for Animal Hospital, Teuber
Veterinary Services LLC, at 1815 Central Street
Date: September 10, 2014
Recommended Action
The Zoning Board of Appeals and City staff recommend the adoption of Ordinance 116-
O-14 granting a special use permit for an Animal Hospital, Teuber Veterinary Services
LLC, at 1815 Central Street. The requested special use permit will allow an existing
business to move within the city and will utilize a currently vacant space in an existing
neighborhood business district. The applicant has complied with all zoning
requirements, and meets all of the standards for a special use in the B1a Business
District.
Summary
1815 Central Street is located on the northeast corner of Central Street and Broadway
Avenue in the B1a Business District. The building on the site was previously occupied
by Karlson Kitchens Design Studio, and has been vacant. The surrounding area
features single-family residences, a Metra station, and other commercial retail uses.
The building is home to uses including a day spa and psychotherapy offices. The
building is in very good condition, measures two stories tall, and shares similar
characteristics with other buildings found in the area.
The applicants propose to operate Teuber Veterinary Services LLC, an Animal Hospital
for dogs and cats. Currently this business is being operated under the name Berglund
Animal Hospital at the address 2515 Gross Point Road. Berglund has operated in
Evanston for 60 years and has recently outgrown its current building which prompted
the business to move to 1815 Central Street. Berglund operated as a legal non-
Memorandum
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conforming use for quite some time until an expansion in 2009 made it necessary to
acquire a special use permit. The animal hospital has never received any zoning
violations or complaints.
Teuber Veterinary Services LLC will operate from 8a.m. - 5p.m. on weekdays, 8a.m.-
noon on Saturdays, and will be closed on Sundays. The facility will have 11 employees,
9 of which will be full-time. At any given time 7-9 employees will be present during the
hours of operation. No boarding, dog walking, or overnight stays for any animals will
occur and the hospital will only treat dogs and cats.
The applicants plan to renovate the interior of the building to accommodate veterinary
offices and exam rooms. They also intend to provide soundproofing over the dog ward
to minimize noise. New custom signage will be installed. Eight parking spaces will be
available on-site at the rear of the building for employee use. Metered parking will be
available for clients on Central Street and Broadway Avenue, as well as nearby on
Poplar Avenue by the Metra station.
Neighborhood Benefit
This use should not cause a negative cumulative effect on the surrounding
neighborhood. The neighborhood will benefit from having a small business that will
enhance the neighborhood and utilize a vacant storefront. The special use would also
allow a long-time Evanston business to remain within the Central Street neighborhood.
Comprehensive Plan
The Evanston Comprehensive General Plan encourages the redevelopment and
adaptive reuse of vacant buildings that can add sales tax revenue for the City and
services for neighboring residents. 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.
Objective: Recognize the benefits of mixing residential, commercial,
and institutional uses in neighborhoods.
Teuber Veterinary Services LLC will utilize a vacant storefront and allow a long-time
Evanston business to continue assisting animals and their owners while enhancing the
surrounding neighborhood.
Legislative History
September 9, 2014: The ZBA recommended unanimous approval of the special use
permit with the following conditions:
1. City Council should examine hours of operation in regard to school
crossing*
2. Employees are not to park on the street
3. The project must be in substantial compliance of the documents and
testimony on record.
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4. Litter Collection and Garbage Pickup Plan that includes animal waste.
*The Ordinance states that hours of operation will remain between 6 a.m. and 10 p.m.
Attachments
Proposed Ordinance 116-O-14
September 9, 2014 ZBA Draft Meeting Minutes
ZBA Findings
Staff memo to the ZBA & ZBA Application Packet – September 9, 2014
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9/9/2014
116-O-14
AN ORDINANCE
Granting a Special Use Permit for an Animal Hospital Located at 1815
Central Street in the B1a Business District and the oCSC Central
Street Corridor Overlay District (“Teuber Veterinary Services LLC”)
WHEREAS, the Zoning Board of Appeals (“ZBA”) met on September 9,
2014, pursuant to proper notice, to consider case no. 14ZMJV-0097, an application filed
by Fionnaula Teuber, potential lessee of the property legally described in Exhibit A,
attached hereto and incorporated herein by reference, commonly known as 1815 Central
Street (the “Subject Property”) and located in the B1a Business District and the oCSC
Central Street Corridor Overlay District, for a Special Use Permit to establish, pursuant to
Subsection 6-9-5-3 of the Evanston City Code, 2012, as amended (“the Zoning
Ordinance”), an Animal Hospital, “Teuber Veterinary Services LLC,” on the Subject
Property; and
WHEREAS, the ZBA, after hearing testimony and receiving other evidence,
made a written record and written findings that the application for a Special Use Permit for
an Animal Hospital met the standards for Special Uses in Section 6-3-5 of the Zoning
Ordinance and recommended City Council approval thereof; and
WHEREAS, at its meeting of September 22, 2014, the Planning and
Development Committee of the City Council (“P&D Committee”) considered the ZBA’s
record and findings and recommended the City Council accept the ZBA’s
recommendation and approve the application in case no. 14ZMJV-0097; and
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116-O-14
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WHEREAS, at its meetings of September 22, 2014 and October 13, 2014,
the City Council considered and adopted the respective records, findings, and
recommendations of the ZBA and P&D Committee, as amended,
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.
SECTION 2: The City Council hereby approves the Special Use Permit
for an Animal Hospital on the Subject Property as applied for in case no. 14ZMJV-0097.
SECTION 3: Pursuant to Subsection 6-3-5-12 of the Zoning Ordinance,
the City Council hereby imposes the following conditions on the Applicant’s Special Use
Permit, violation of any of which shall constitute grounds for penalties or revocation of
said Permit pursuant to Subsections 6-3-10-5 and 6-3-10-6 of the Zoning Ordinance:
A. Compliance with Applicable Requirements: The Applicant shall develop and
use the Subject Property in substantial compliance with: all applicable legislation;
the Applicant’s testimony and representations to the ZBA, the P&D Committee,
and the City Council; and the approved plans and documents on file in this case.
B. Hours of Operation: The Applicant shall operate the Animal Hospital authorized
by this ordinance only between the hours of 6:00 a.m. and 10:00 p.m. on any
given day.
C. Employee Parking: Employees shall not utilize street parking during hours of
operation.
D. Waste Collection Plan: The Applicant shall implement and adhere to a Waste
Collection Plan that requires the policing of an area located within a radius of two
hundred fifty feet (250’) of the Subject Property. The Applicant shall police this
area at least once every three (3) hours during the hours the Special Use is in
operation and shall keep it free of all waste, from any source. For the purpose of
this ordinance, “waste” shall include, but is not limited to: food, food waste, and
beverages; solid waste, including paper, wrappings, containers, cardboard,
napkins, straws, utensils, plates, cans, glass, crockery, cigarette butts, ashes and
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116-O-14
~3~
similar materials; animal waste and dead animals; yard clippings and leaves; and
all other waste materials which, if thrown or deposited as herein prohibited, may
create a danger to public health, safety, or welfare.
E. Recordation: Before it may operate the Special Use authorized by the terms of
this ordinance, the Applicant shall record, at its cost, a certified copy of this
ordinance with the Cook County Recorder of Deeds.
SECTION 4: 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 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: All ordinances or parts of ordinances in conflict herewith are
hereby repealed.
SECTION 7: 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 8: 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.
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116-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
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116-O-14
~5~
EXHIBIT A
LEGAL DESCRIPTION
THE WEST 45 FEET OF LOT 21 AND ALL OF LOT 22 (EXCEPT THE NORTH 50 FEET
OF SAID LOT 22) IN C. L. JENKS’ RESUBDIVISION OF BLOCKS 27, 28, 32, 33 & 37 IN
NORTH EVANSTON TOWNSHIP 41 NORTH, RANGE 13, EAST OF THE THIRD
PRINCIPAL MERIDIAN IN COOK COUNTY, ILLINOIS.
PINs: 05-34-427-015-0000
COMMONLY KNOWN AS: 1815 Central Street, Evanston, Illinois.
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Page 1 of 7
Zoning Board of Appeals
MEETING MINUTES
ZONING BOARD OF APPEALS
Tuesday, September 9, 2014
7:00 PM
Civic Center, 2100 Ridge Avenue, Council Chambers
Members Present: Matt Rodgers, Violetta Cullen, Clara Wineberg, Scott Gingold, Beth
McLennan, Andrew Gallimore
Members Absent: Mary Beth Berns
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 7:05pm.
Approval of Minutes
The minutes from the August 19, 2014 Zoning Board of Appeals meeting were motioned for
approval. Ms. Cullen made the motion and it was seconded by Ms. McLennan. The motion was
approved 3-0, 3 members abstained.
Old Business
423 Greenleaf Street ZBA 14ZMJV-0099
Philip Stephens, property owner, applies for major zoning relief to construct a roofed front and
side yard porch. The applicant requests a 7’ front yard setback where 24.3’ is required for a
porch (6-4-1-9-B-1) and 42.9% building lot coverage where a maximum 30% is allowed (Zoning
Code Section 6-8-2-7). The Zoning Board of Appeals is the determining body for this case.
Ms. Klotz read the case into record.
Mr. Stevens, property owner, explained the proposal:
• Original porch was removed in 1951. Owners would now like to put it back.
• Historic Preservation Commission approves of proposal.
• Intends to change 2/3 of driveway into pervious pavers.
• Impervious surface coverage will be lower than the current percentage.
• Many neighbors are supportive of the proposal, as is the alderman of this district.
• Many neighboring properties have similar porches and/or setbacks.
Minutes from the 2010 case were presented.
The ZBA entered into deliberations:
Mr. Gingold stated that this case is quite different from the one presented in 2010 now that there
is no call for an impervious surface coverage variance. He also mentioned that the proposed
setback is similar to setbacks found throughout the neighborhood.
Ms. McLennan said that she believes the porch is necessary since the street trees had been
removed and there is a need for shading in the front yard.
Ms. McLennan motioned to approve the variance.
The motion was seconded by Mr. Gallimore.
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Page 2 of 7
Zoning Board of Appeals
The vote concluded at 6-0 in approval with the following condition:
• The project must be in substantial compliance of the documents and testimony on
record.
NEW BUSINESS
510 Kedzie Street ZBA 14ZMJV-0105
Chicago Title Land Trust Company – Trust Number R-2022, property owner, applies for major
zoning relief to construct 12 open parking spaces. The applicant requests 51.9% building lot
coverage where a maximum 45% is allowed (Zoning Code Section 6-8-7-6). The Zoning Board
of Appeals is the determining body for this case.
Ms. Klotz read the case into the record.
Thomas Pins, architect/property manager, explained the proposal:
• Proposes 12 parking spaces- 1 per unit
• Additional landscaping will serve as a buffer along the south property line consisting of
trees and shrubs.
• If there are concerns about the buffer, a parking space could be eliminated to allow for
an additional buffer. There are some safety concerns though, so it is not preferable.
• The proposed shrubs would grow to be 8’-9’ tall
• The building is a rental and requires a handicap space.
• Same property owner as when the building was still there.
• Currently, residents park on the street- at least 1 vehicle per unit
Mr. Gingold asked how parking spaces would be distributed. Mr. Pins responded that the
spaces would be rented out to the people who live in that building.
Chair Rodgers asked that if any spaces were left unrented, who would get them? Mr. Pins
answered that there would probably not be any extras, as the spaces would all go to the renters.
Mr. Gingold inquired about the cost of the project. Mr. Pins said that he has spent $60,000-
80,000 already and still needs to pay the cost of actually building the parking lot.
Chair Rodgers asked if drainage had been addressed, and Mr. Pins said yes, there is drainage
within the lot.
Nicki Bazer said that she believes this proposal does not meet Standards. Substantial impact
by what was once a home and yard will become a parking lot with noise, lights, and shrubs.
She stated that this project is specifically meant to extract additional income to rent each space.
She noted that the alley is already busy enough as it is because of recent AMLI building.
David Driscal voiced his objections due to potential noise and that the parking lot will cheapen
his view. He asked what would become of the tree at the southeast corner of the lot, and Mr.
Pins said that it will remain.
Daniel Mathegon spoke about how the previously existing building on the property was very
problematic. He said it was mismanaged and that crime was not unusual. His concern now is
privacy. He believes that a fence would be a better alternative. He is not convinced that the lot
will be maintained properly and raised issues about lighting, as he believes there is already too
much light pollution coming from AMLI.
Mr. Pins stated that this parking will serve to benefit the neighborhood. He wished to address
the concerns of the property owners to the south. He said there were other possibilities such as
pear trees lining the south side of the property. He also stated that lights will be on the building
aimed towards the parking spaces.
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Page 3 of 7
Zoning Board of Appeals
Chair Rodgers asked Mr. Pins if he would be open to a proposal asking for one less space and
planting more trees, to which Mr. Pins answered, yes.
Mr. Gingold asked that if they complied with the building lot coverage, would they need any kind
of special approval. Ms. Klotz said, no, they could compliantly build 5 parking spaces.
The ZBA entered into deliberations:
Mr. Gingold commented that this proposal is difficult. The property owner could construct 5
spaces as a right, without landscaping, etc. This proposal definitely serves to extract additional
income and does not meet the minimum change necessary.
Ms. McLennan and Mr. Rodgers resonated agreement with Mr. Gingold.
The Standards were addressed:
1. No
2. Yes
3. Yes
No- Mr. Gingold
4. No
5. No
Yes-Mr. Gallimore
6. Yes
7. No
Mr. Gingold moved to recommend denial of the proposal.
Ms. Cullen seconded the motion.
The vote concluded at 6-0 in denial.
1017 Davis Street ZBA 14ZMJV-0094
Arpun Nagaraja, lessee, applies for a special use permit for a Commercial Indoor Recreation
Facility, Tier One Training Center, at 1017 Davis Street. 1017 Davis Street is located in the D2
Downtown Retail Core District, which requires a special use permit for Commercial Indoor
Recreation Facilities to operate (Zoning Code Section 6-11-3-4). 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.
Arpun Nagaraja, lessee, explained the proposal:
• Programs offered include: Krav mage, boxing, TACFIT (law enforcement training), etc
• Offers fitness and self defense classes
• Approved to run 1 class at a time but would like to run more which calls for a Special
Use Permit
• Hours of operation: Mon-Fri 7-10 a.m. & 4-8 p.m., Sat 8 a.m.-1:30 p.m., Sun closed
• Parking can be found at meters or clients can utilize public transit
• 4 full-time employees & 1 part-time employee
• 2 studios on premises with ≈12 students maximum in each.
Mr. Gingold asked where staff would plan on parking. Mr. Nagaraja explained that 2 employees
intend to walk to work, 1 employee does not own a car, and the other rents a residential parking
space.
Ms. Cullen asked if people were not permitted to park in residential permit spaces found nearby,
and Mr. Nagaraja said she was correct.
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Page 4 of 7
Zoning Board of Appeals
Chair Rodgers asked about any kind of noise issues. Mr. Nagaraja said that no amplified voice
would be used, but music would be played occasionally inside the studio. The music would not
be heard from the street.
Ann Sikon, owner of CIF (business next door), stated that the noise was bad throughout the
interior build out. She said there is a cause for concern because she can already hear the
martial arts noises coming from next door. She asked if there were any sound proofing
measures being taken.
Joy Ann Kunz, parent of child at CIF, mentioned that sudden sounds coming from the studio are
problematic for her child’s disabilities.
Mr. Nagaraja said that there is a clause in their lease which states that CIF cannot be impacted
by noise. He said that he had not been aware that CIF could hear anything and that he will
definitely take the proper steps to soundproof. He mentioned looking into a soundproof wall and
soundproofing within the drop ceiling.
The ZBA entered into deliberations:
Mr. Rodgers noted that the applicant is willing to address the noise issue that impacts CIF.
Mr. Gallimore stated that as long as adequate soundproofing is installed then there is no need
for concern.
The Standards were addressed:
1. Yes
2. Yes
3. Yes
4. Yes
5. Yes
6. Yes
7. Yes
8. Yes
9. Yes
Ms. Gingold motioned to recommend approval of the proposal with the following conditions:
• Adequate soundproofing is installed as required by lease.
• Employees cannot park on the street.
• Hours of operation fall between 6 a.m. and 11 p.m., 7 days a week
• The project must be in substantial compliance of the documents and testimony on record
The motion was seconded by Ms. McLennan and approved 6-0.
1815 Central Street ZBA 14ZMJV-0097
Fionnaula Teuber, lessee, applies for a special use permit for an Animal Hospital, Teuber
Veterinary Services LLC, at 1815 Central Street. 1815 Central Street is located in the B1a
Business District and the oCSC Central Street Corridor Overlay District, which requires a
special use permit for Animal Hospitals to operate (Zoning Code Section 6-9-5-3). 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.
Fionnaula Teuber, lessee, and Bob Edwards, design consultant, explained the proposal:
• This has been an Evanston business since 1954
• Used to board animals, but does not any longer
• Current building is no longer adequate for business
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Zoning Board of Appeals
• Plans to relocate from 2515 Gross Point Road
• Hours of operation: Mon-Fri 8 a.m. - 5 p.m., Sat 8 a.m. – noon
• 9 full-time employees & 2 part-time employees
• Typically does not provide emergency care. There are other clinics in the area that can
provide that
• Will have 8 parking spaces on-site and public transit is very close.
Ms. Gingold inquired whether there were any unique design challenges. Mr. Edwards stated
that noise and odor will not be a big issue because there will be no overnight boarding and there
will be a noise barrier within the hospital between the waiting room and to the 2nd floor above.
He went on to say that he has installed such barriers in mixed-use buildings many times before
and has had no issues. Additional insulation will be installed in the dog ward.
Dr. Jerome Wagner, lessee of psychotherapy office above 1815 Central, stated his concerns
regarding the noise brought on by barking dogs. He was skeptical that any soundproofing
would fully muffle the barking. He noted that there is a school crossing nearby and the dogs
could be a potential hazard to the children, not to mention people heading to Northwestern
University football games and the nearby residents.
Mr. Rodgers asked where Dr. Wagner’s offices were located in the building, to which he
answered, the front of the building on the 2nd floor.
Mr. Gingold asked if Dr. Wagner had discussed his concerns with the landlord. Dr. Wagner said
that he only heard about this matter yesterday and that the landlord seemed to think the animal
hospital would be good. Dr. Wagner then admitted that he could hear the Metra bell and the
ambulances heading to the hospital, but could carry on a conversation just fine.
Kerry Palmer notified the Board that this matter was just brought to her attention yesterday.
Janice Libby, owner of nearby business, stated that she was opposed to the animal hospital due
to the fact that the area is not zoned for such a use. She maintains that the hospital will
interfere with day spa activities that call for a quiet and tranquil business environment. She
stated that they will not be able to fully soundproof and that the corner is already congested as it
is. She believes it will negatively impact the surrounding area. She raised the question of
where animal waste will go.
Ann Marinic, associated with Daniel K. Marinic, DDS, voiced her concerns about animal owners
leaving animal waste in the green space outside. She also noted that parking might be an
issue.
Mary Treestob, resident, said that people are always parking in front of her house. She said
she is happy to hear that the hospital will have 8 parking spaces available to employees, but still
wonders where customers are going to park. She noted that parking was not available for a few
blocks in either direction.
Chair Rodgers stated that there are parking concerns in general for the area and it might be an
issue worth discussing with Alderman Grover, in general.
Ms. Teuber clarified that more than half of the customers are cat owners. Since the hospital
takes patients by appointment only, they can regulate how many and when customers come in
based on the parking available. Generally, there will be 2-4 appointments at a time. Extra
exam rooms will be available for cleaning time.
Mr. Gingold asked how they intend to mitigate animal waste. Ms. Teuber replied that waste
bags will be provided to customers. All employees will be responsible for keeping the area
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Page 6 of 7
Zoning Board of Appeals
clean. Mr. Edwards went on to say that they have very high standards and follow a good
neighbor policy. No other problems have arisen at other facilities.
Ms. Klotz clarified the notification process for the Special Use Permit.
Mr. Gingold entertained the idea of a continuation to give people who had just heard about this
case more time.
Chair Rodgers commented that he was not sure that would change anything. The proper notice
was given and the Zoning Board of Appeals is not the determining body.
Mr. Gingold motioned for a continuance, which was seconded by Ms. McLennan.
Mr. Treto stated that only eligible property owners may request a continuance.
Ms. Teuber added that a continuance would cause undue hardship.
The motion for a continuance was tied 3-3. This issue was tabled for the time being so legal
could determine how to proceed.
2140 Lincolnwood Drive ZBA 14ZMJV-0104
Healy M. Rice, architect, applies for major zoning relief to construct a 1.5-story addition. The
applicant requests a 7.8’ street side yard setback where 15’ is required (Zoning Code Section 6-
8-2-8-A-2). The Zoning Board of Appeals is the determining body for this case.
Mr. Rice, architect, explained the proposal:
• The old house was constructed prior to the current zoning code
• Want to construct a new garage with office space above
• Propose shorter roof height than existing house
• Want to keep as much distance as possible from the neighbors
Legal has determined how to proceed with 1815 Central and the Zoning Board of Appeals will
briefly return to that case.
1815 Central Street ZBA 14ZMJV-0097
Mr. Treto states that a motion without 4 yay votes fails, so the motion to continue fails.
The Standards were addressed:
1. Yes
2. Yes
3. Yes
4. Yes
5. Yes
6. Yes
7. Yes
8. Yes
9. Yes
Mr. Gingold inquired whether a Litter Collection Plan could be revised to include animal waste,
and Ms. Teuber said, yes.
Chair Rodgers noted that hours of operation should be a condition.
Mr. Gingold advised that City Council could decide if certain hours of operation should be
modified in light of children crossing the street.
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Zoning Board of Appeals
Ms. McLennan motioned to recommend approval of the proposal with the following conditions:
• Substantial compliance
• Hours in regard to the school crossing should be examined by City Council
• Employees are not permitted to park on the street
• Waste Pick Up Plan
The motion was seconded by Ms. Cullen and approved 6-0.
2140 Lincolnwood Drive ZBA 14ZMJV-0104
Mr. Gingold supported the proposal because the addition continues along the line of the existing
garage. Ms. McLennan was in agreement with Mr. Gingold.
The Standards were addressed:
1. Yes
2. Yes
3. Yes
4. Yes
5. Yes
6. Yes
7. Yes
Ms. McLennan motioned to recommend approval of the proposal with the following condition:
• The project must be in substantial compliance of the documents and testimony on
record.
The motion was seconded by Ms. Cullen and approved 6-0.
The meeting adjourned at 10:20 p.m.
383 of 519
FF II NN DD II NN GG SS
FOR STANDARDS OF
SS PP EE CC II AA LL UU SS EE PP EE RR MM II TT SS
In the case of
After conducting a public hearing on September 9, 2014, the Zoning Board of Appeals
makes the following findings of fact, reflected in the audio-visual recording of the
hearings, based upon the standards for special uses specified in Section 6-9-5-3 of the
Zoning Ordinance:
Standard Finding
(A) It is one of the special uses specifically
listed in the zoning ordinance;
___X__Met _____Not Met
Vote 6-0
(B) It is in keeping with purposes and policies of
the adopted comprehensive general plan
and the zoning ordinance as amended from
time to time;
___X___Met _____Not Met
Vote 6-0
(C) It will not cause a negative cumulative
effect, when its effect is considered in
conjunction with the cumulative effect of
various special uses of all types on the
immediate neighborhood and the effect of
the proposed type of special use upon the
city as a whole;
___X___Met _____Not Met
Vote 6-0
(D) It does not interfere with or diminish the
value of property in the neighborhood; ___X___Met _____Not Met
Vote 6-0
(E) It can be adequately served by public
facilities and services ___X___Met _____Not Met
Vote 6-0
(F) It does not cause undue traffic congestion;
___X___Met _____Not Met
Vote 6-0
Case Number: 14ZMJV-0097
Address or
Location:
1815 Central Street
Applicant: Fionnaula Teuber
Proposed
Special Use:
Animal Hospital, Teuber Veterinary Services LLC
384 of 519
(G) It preserves significant historical and
architectural resources; ___X___Met _____Not Met
Vote 6-0
(H) It preserves significant natural and
environmental features; and ___X___Met _____Not Met
Vote 6-0
(I) It complies with all other applicable
regulations of the district in which it is
located and other applicable ordinances,
except to the extent such regulations have
been modified through the planned
development process or the grant of a
variation.
___X___Met _____Not Met
Vote 6-0
and, based upon these findings, and upon a vote
__6__ in favor & __0__ against
Recommends to the City Council
_____ approval without conditions
__x__ approval with conditions specifically:
1. The animal hospital must abide by Litter Collection and Pick-Up Plan
2. City Council should examine hours of operation in regard to school crossing
3. Employees are not to park on the street
4. Project must be in substantial compliance with the documents and testimony on
record
_____ denial of the proposed special use.
__________________________________________ Date: _____________
Matt Rodgers
Zoning Board of Appeals Chair
Attending: Vote:
Aye No
_______ Mary Beth Berns _____ ____
___X___ Clara Wineberg _ X_ ____
___X___ Scott Gingold __X__ ____
___X___ Beth McLennan __X__ ____
___X___ Matt Rodgers __X__ ____
___X___ Violetta Cullen __X__ ____
___X___ Andrew Gallimore __X__ ____
385 of 519
For City Council meeting of September 22, 2014 Item P4
Ordinance 105-O-14 Special Use for a Type 2 Restaurant, Blaze Pizza, at 1737 Sherman
For Action
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
Subject: Ordinance 105-O-14, Granting a Special Use for a Type 2 Restaurant,
Blaze Pizza at 1737 Sherman Avenue
Date: August 26, 2014
Recommended Action
The Zoning Board of Appeals and the City Staff recommend adoption of Ordinance 105-
O-14 granting a special use permit for a Type 2 Restaurant, Blaze Pizza. The applicant
has complied with all other zoning requirements, and meets all of the standards of a
special use for this district. This ordinance was introduced at the September 8, 2014
City Council meeting.
Summary
1737 Sherman Avenue is located on the east side of Sherman Avenue, just south of
Clark Street in the D2 Downtown Retail Core District and is surrounded by a variety of
commercial uses in all directions with some residential uses above.
The applicant proposes to operate Blaze Pizza, a Type 2 Restaurant that specializes in
11” personal pizzas that are prepared and baked in assembly-line fashion in under
seven minutes. Customers will order their toppings as they make their way down the
line, similar to Chipotle and Subway operations, pay at a cash register, and end with a
“fast-fired” pizza baked in three minutes. All dough will be made from scratch on-site,
and ingredients will include healthful and artisanal options. The restaurant will feature
seating for 38 patrons. The applicant intends to apply for a liquor license to sell beer
and wine to comprise 1-2% of total sales.
Blaze Pizza anticipates operating from 11am – 9pm during the week and from 11am -
10pm on weekends. The restaurant will not provide delivery service to customers. A
maximum of 10 employees will work per shift. Employees will not utilize on-street
Memorandum
386 of 519
parking if they drive to work, but it is anticipated most employees will walk or use public
transportation. Deliveries will be made to the restaurant three times per week via the
alley behind the building. Garbage pickup will occur two times per week via the alley as
well.
The applicant has agreed to follow the City’s Litter Collection and Garbage Pickup
Plans. City staff has not received objections to the use from any neighboring property
owners.
Neighborhood Benefit
This use should not cause a negative effect on the neighboring area. The area will
benefit from the operation of this business, which will occupy a vacant commercial
space in downtown.
Comprehensive Plan
The Evanston Comprehensive General Plan encourages the utilization of vacant
storefronts along existing commercial corridors that can add sales tax revenue and
encourage a vibrant downtown. The Comprehensive Plan specifically includes:
Objective: Promote the growth and redevelopment of business,
commercial, and industrial areas.
Objective: Retain and attract businesses in order to strengthen
Evanston’s economic base.
Blaze Pizza will utilize a currently vacant space in the downtown that features similar
and/or compatible uses and encourages a pedestrian-friendly environment.
Legislative History
August 5, 2014: The ZBA recommended unanimous approval of the special use permit
for a Type 2 Restaurant with the following conditions:
1. Hours of operation would not exceed 6 a.m. – midnight
2. Employees are not allowed to park on the street
3. The applicant complies with the littler collection plan
4. There is substantial compliance with the documents and testimony
provided
Attachments
Proposed Ordinance 105-O-14
August 5, 2014 ZBA Meeting Minutes
ZBA Findings
August 5, 2014 ZBA Packet -
http://www.cityofevanston.org/assets/ZBA%20packet%2008.05.14.pdf
387 of 519
8/26/2014
105-O-14
AN ORDINANCE
Granting a Special Use Permit for a Type 2 Restaurant
Located at 1737 Sherman Avenue in the D2 Downtown Retail Core
District (“Blaze Pizza”)
WHEREAS, the Zoning Board of Appeals (“ZBA”) met on August 5, 2014,
pursuant to proper notice, to consider case no. 14ZMJV-0086, an application filed by
Adam Cummis, lessee of the property legally described in Exhibit A, attached hereto
and incorporated herein by reference, commonly known as 1737 Sherman Avenue (the
“Subject Property”) and located in the D2 Downtown Retail Core District, for a Special
Use Permit to establish, pursuant to Subsection 6-11-3-4 of the Evanston City Code,
2012, as amended (“the Zoning Ordinance”), a Type 2 Restaurant, “Blaze Pizza,” on the
Subject Property; and
WHEREAS, the ZBA, after hearing testimony and receiving other evidence,
made a written record and written findings that the application for a Special Use Permit for
a Type 2 Restaurant met the standards for Special Uses in Section 6-3-5 of the Zoning
Ordinance and recommended City Council approval thereof; and
WHEREAS, at its meeting of September 8, 2014, the Planning and
Development Committee of the City Council (“P&D Committee”) considered the ZBA’s
record and findings and recommended the City Council accept the ZBA’s
recommendation and approve the application in case no. 14ZMJV-0086; and
388 of 519
105-O-14
~2~
WHEREAS, at its meetings of September 8, 2014 and September 22,
2014, the City Council considered and adopted the respective records, findings, and
recommendations of the ZBA and P&D Committee, as amended,
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.
SECTION 2: The City Council hereby approves the Special Use Permit
for a Type 2 Restaurant on the Subject Property as applied for in case no. 14ZMJV-
0086.
SECTION 3: Pursuant to Subsection 6-3-5-12 of the Zoning Ordinance,
the City Council hereby imposes the following conditions on the Applicant’s Special Use
Permit, violation of any of which shall constitute grounds for penalties or revocation of
said Permit pursuant to Subsections 6-3-10-5 and 6-3-10-6 of the Zoning Ordinance:
A. Compliance with Applicable Requirements: The Applicant shall develop and
use the Subject Property in substantial compliance with: all applicable legislation;
the Applicant’s testimony and representations to the ZBA, the P&D Committee,
and the City Council; and the approved plans and documents on file in this case.
B. Litter Collection Plan: The Applicant shall implement and adhere to a Litter
Collection Plan that requires the policing of an area located within a radius of two
hundred fifty feet (250’) of the Subject Property. The Applicant shall police this
area at least once every three (3) hours during the hours the Special Use is in
operation and shall keep it free of all litter, from any source. For the purpose of
this ordinance, “litter” shall include, but is not limited to: food, food waste, and
beverages; solid waste, including paper, wrappings, containers, cardboard,
napkins, straws, utensils, plates, cans, glass, crockery, cigarette butts, ashes and
similar materials; animal waste and dead animals; yard clippings and leaves; and
all other waste materials which, if thrown or deposited as herein prohibited, may
create a danger to public health, safety, or welfare.
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105-O-14
~3~
C. Hours of Operation: The Applicant shall operate the Type 2 Restaurant
authorized by this ordinance only between the hours of 6:00 a.m. and midnight
on any given day.
D. Employee Parking: Employees cannot park on the street when travelling to and
from work.
E. Recordation: Before it may operate the Special Use authorized by the terms of
this ordinance, the Applicant shall record, at its cost, a certified copy of this
ordinance with the Cook County Recorder of Deeds.
SECTION 4: 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 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: All ordinances or parts of ordinances in conflict herewith are
hereby repealed.
SECTION 7: 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 8: 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.
390 of 519
105-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
391 of 519
105-O-14
~5~
EXHIBIT A
LEGAL DESCRIPTION
LOT 9 (EXCEPT THE EAST 6 FEET THEREOF) IN BLOCK 16 IN THE VILLAGE OF
EVANSTON IN THE EAST ½ OF THE NORTH WEST ¼ OF SECTION 18, TOWNSHIP
41 NORTH, RANGE 14, EAST OF THE THIRD PRINCIPAL MERIDIAN, IN COOK
COUNTY, ILLINOIS.
PIN: 11-18-127-020-0000
COMMONLY KNOWN AS: 1737 Sherman Avenue, Evanston, Illinois.
392 of 519
Page 1 of 5
Zoning Board of Appeals
MEETING MINUTES
ZONING BOARD OF APPEALS
Tuesday, August 5, 2014
7:00 PM
Civic Center, 2100 Ridge Avenue, Council Chambers
Members Present: Matt Rodgers, Violetta Cullen, Clara Wineberg, Mary Beth Berns,
Scott Gingold
Members Absent: Andrew Gallimore, Beth McLennan
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 7:15pm.
Approval of Minutes
The minutes from the July 15, 2014 Zoning Board of Appeals meeting were motioned for
approval with one correction to strike the comment from Ms. Wineberg regarding the size of the
proposed unit, as her comment was related to light and ventilation. Ms. Cullen made the motion
and it was seconded by Ms. Wineberg. The motion was approved 5-0.
Old Business
1413-1415 Howard Street ZBA 14ZMJV-0073
Thomas S. Moore, attorney, applies for a special use permit and major zoning relief to convert a
mixed-use commercial and residential building into a multi-family residential building with
ground-floor residential units. The applicant requests a special use permit for ground-floor
residential in the B2 Business District (Zoning Code Section 6-9-3-3) and zoning relief for 10 on-
site parking spaces where 13 parking spaces are required (Zoning Code Section 6-16-3-5-Table
16B). The Zoning Board of Appeals makes a recommendation to City Council, the determining
body for this case.
Ms. Klotz read the case into record.
Tomas Moore, attorney, explained the proposal:
Reduced project to 6 units on ground floor
12 parking spaces (3 enclosed), so a parking variance is not needed
Enclosed spaces will be in existing garage
Ms. Wineberg said the applicant still has the problem of needing a window right on the property
line.
Ms. Klotz said the burden will fall on the neighboring property, who cannot build to the property
line.
Ms. Wineberg said she believes the units could be rearranged so the window is not needed
there.
Ms. Berns asked if there are existing windows on the second and third stories. Mr. Moore
responded that there are.
393 of 519
Page 2 of 5
Zoning Board of Appeals
Mr. Gingold suggested that the special use permit recommendation could be conditioned on the
building code being met.
The ZBA entered into deliberations. Ms. Berns said it is a good project with a good parking
solution but she is concerned about the unit with the window on the property line.
The Standards were then addressed:
1. Yes
2. Yes
3. Yes
4. Yes
5. Yes
6. Yes
7. Yes
8. Yes
9. Yes
Ms. Wineberg motioned to approve the variance.
The motion was seconded by Mr. Gingold.
The vote concluded at 5-0 in approval with the condition that the building must comply with
building code and ADA requirements.
NEW BUSINESS
1737 Sherman Avenue ZBA 14ZMJV-0086
Adam Cummis, lessee, applies for a special use permit for a Type 2 Restaurant, Blaze Pizza, at
1737 Sherman Avenue. 1737 Sherman Avenue is located in the D2 Downtown Retail Core
District, which requires a special use permit for Type 2 Restaurants to operate (Zoning Code
Section 6-11-3-4). 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.
Adam Cummis, applicant, explained the proposal:
Fast service, casual restaurant
Chipotle-style line to pick ingredients
Pizza cooks in less than 180 seconds
26 Blaze Pizza restaurants in the U.S.
35 seats
12 employees at the most
Hours: 11am – 10pm Friday and Saturday; 11am – 9pm weekdays
Applicant will comply with the litter collection and garbage pickup requirements
50% people take their pizza to go; 50% eat in
Hood will connect to existing ventilation
The ZBA entered into deliberations:
Mr. Rodgers commented that it is a unique concept and suggested extending the permitted
hours from 6 a.m – midnight.
The Standards were addressed:
1. Yes
2. Yes
3. Yes
4. Yes
5. Yes
394 of 519
Page 3 of 5
Zoning Board of Appeals
6. Yes
7. Yes
8. Yes
9. Yes
Mr. Gingold moved to recommend approval of the proposal on the following conditions:
Hours of operation would be from 6 a.m. – midnight
Employees are not allowed to park on the street
The applicant complies with the littler collection plan
There is substantial compliance with the documents and testimony provided
Ms. Cullen seconded the motion.
The vote concluded at 5-0 in approval with the conditions as listed.
2008 Dempster Street ZBA 14ZMJV-0087
Richard Simtob, lessee, applies for a special use permit for a Commercial Indoor Recreation
facility, Goldfish Swim School, at 2008 Dempster Street. 2008 Dempster Street is located in the
I2 General Industrial District, which requires a special use permit for Commercial Indoor
Recreation facilities to operate (Zoning Code Section 6-14-3-2). 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.
Sally Anderson, business owner/applicant, presented a slide show:
The school will serve children ages 4-12
Parents stay in the viewing area
185 Parking spaces (60 dedicated to swim school)
Estimate 12 staff and 40 parents’ vehicles at any given time
Vestibule entrance in back by parking lot
Hours: 8:30am – 8:00pm; classes are not always being conducted when they are open;
8:30am – 6:30pm, Saturday; 10am – 7:00pm, Sunday
At Mr. Rodgers’ inquiry, Jack Barbett, business owner, said the landlord has plans to install
exterior lighting on the building. He also plans to reconfigure the parking lot for better circulation.
Neighbors have raised no objections.
Ms. Anderson agreed to add a sign at the parking lot turn-in.
The ZBA entered into deliberations:
Mr. Rodgers requested that traffic will be directed into the rear, where there is ample parking.
Ms. Berns said a left turn out to the street will be difficult.
Mr. Rodgers said the permitted hours could be extended.
Mr. Gingold said the site needs sufficient lighting since the entrance is around the rear, like an
alley.
The Standards were addressed:
1. Yes
2. Yes
3. Yes
4. Yes
5. Yes
395 of 519
Page 4 of 5
Zoning Board of Appeals
6. Yes
7. Yes
8. Yes
9. Yes
Ms. Cullen motioned to recommend approval of the proposal with the following conditions:
The permitted hours are 6:00am – 10:00pm
A lighting plan is submitted and reviewed for safety
The project is in substantial compliance with the documents and testimony provided
The motion was seconded by Mr. Gingold and approved 5-0.
221-223 Kedzie Street ZBA 14ZMJV-0088
DonnaLee Floeter and Tatiana Kleiman, architect and property owner, apply for major zoning
relief to replace a shared detached garage. The applicants request a 0’ west interior side yard
setback for 221 Kedzie Street and a 0’ east interior side yard setback for 223 Kedzie Street
where 3’ is required (Zoning Code Section 6-8-7-7-C-4). The Zoning Board of Appeals is the
determining body for this case. Section 6-15-7-3).
Ms. Klotz read the case into the record.
Jeremy Bloomfield of 221 Kedzie and Tatiana Kleiman of 223 Kedzie, applicants, were present.
DonnaLee Floeter, architect, explained the proposal:
The old garage needs to be replaced
Propose to build a slightly larger and different shape to meet today’s vehicle sizes and
storage and to put a wall down the middle to separate the spaces for each property
owner.
Project will comply with building lot coverage, impervious surface coverage, and other
setbacks
An arborist will closely follow the demolition and construction to ensure that the tree is
not damaged
Ms. Cullen commented that it is a tight fit but there is already a garage there.
The ZBA entered into deliberations:
Mr. Rodgers commented that it is definitely a minimum change.
Ms. Berns agreed, adding that the architecture is pleasing.
The Standards were addressed:
1. Yes
2. Yes
3. Yes
4. Yes
5. Yes
6. Yes
7. Yes
8. Yes
9. Yes
Mr. Gingold motioned to recommend approval of the proposal with the condition that there is
substantial compliance with the documents and testimony provided.
The motion was seconded by Ms. Wineberg and approved 5-0.
Ms. Klotz stated that the ZBA rules will be presented at the first meeting in September, 2014.
396 of 519
Page 5 of 5
Zoning Board of Appeals
The meeting adjourned at 8:26 p.m.
397 of 519
P LANNING AND Z ONING D IVISION 847-866-2930 zoning@cityofevanston.org
Community Development Department 847-448-8126 www.cityofevanston.org/zoning
2100 Ridge Ave., Rm. 3700 Evanston, IL 60201
FF II NN DD II NN GG SS
FOR STANDARDS OF
SS PP EE CC II AA LL UU SS EE PP EE RR MM II TT SS
In the case of
After conducting a public hearing on August 5, 2014, the Zoning Board of Appeals
makes the following findings of fact, reflected in the audio-visual recording of the
hearings, based upon the standards for special uses specified in Section 6-3-5-10 of the
Zoning Ordinance:
Standard Finding
(A) It is one of the special uses specifically
listed in the zoning ordinance;
___X__Met _____Not Met
Vote 5-0
(B) It is in keeping with purposes and policies of
the adopted comprehensive general plan
and the zoning ordinance as amended from
time to time;
___X___Met _____Not Met
Vote 5-0
(C) It will not cause a negative cumulative
effect, when its effect is considered in
conjunction with the cumulative effect of
various special uses of all types on the
immediate neighborhood and the effect of
the proposed type of special use upon the
city as a whole;
___X___Met _____Not Met
Vote 5-0
(D) It does not interfere with or diminish the
value of property in the neighborhood; ___X___Met _____Not Met
Vote 5-0
Case Number: 14ZMJV-0086
Address or
Location:
1737 Sherman Avenue
Applicant: Adam Cummis
Proposed
Special Use:
Type 2 Restaurant in D2 district, Blaze Pizza
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P LANNING AND Z ONING D IVISION 847-866-2930 zoning@cityofevanston.org
Community Development Department 847-448-8126 www.cityofevanston.org/zoning
2100 Ridge Ave., Rm. 3700 Evanston, IL 60201
(E) It can be adequately served by public
facilities and services ___X___Met _____Not Met
Vote 5-0
(F) It does not cause undue traffic congestion;
___X___Met _____Not Met
Vote 5-0
(G) It preserves significant historical and
architectural resources; ___X___Met _____Not Met
Vote 5-0
(H) It preserves significant natural and
environmental features; and ___X___Met _____Not Met
Vote 5-0
(I) It complies with all other applicable
regulations of the district in which it is
located and other applicable ordinances,
except to the extent such regulations have
been modified through the planned
development process or the grant of a
variation.
___X___Met _____Not Met
Vote 5-0
and, based upon these findings, and upon a vote
__5__ in favor & __0__ against
Recommends to the City Council
_____ approval without conditions
__x__ approval with conditions specifically:
1. Hours of operation would not exceed 6 a.m. – midnight
2. Employees are not allowed to park on the street
3. The applicant complies with the littler collection plan
4. There is substantial compliance with the documents and testimony provided
_____ denial of the proposed special use.
__________________________________________ Date: _____________
Matt Rodgers
Zoning Board of Appeals Chair
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P LANNING AND Z ONING D IVISION 847-866-2930 zoning@cityofevanston.org
Community Development Department 847-448-8126 www.cityofevanston.org/zoning
2100 Ridge Ave., Rm. 3700 Evanston, IL 60201
Attending: Vote:
Aye No
___X__ Mary Beth Berns __X__ ____
___X___ Clara Wineberg __X__ ____
___X___ Scott Gingold __X__ ____
_______ Beth McLennan _____ ____
___X___ Matt Rodgers __X__ ____
___X___ Violetta Cullen __X__ ____
_______ Andrew Gallimore _____ ____
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For City Council meeting of September 22, 2014 Item P5
Ordinance 104-O-14: Time Extension for Orrington Hotel Planned Development
For Action
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
Subject: Ordinance 104-O-14 Extension for Orrington Hotel Planned Development
1710 Orrington Avenue and 1717-1725 Sherman Avenue
Date: August 25, 2014
Recommended Action:
Staff recommends adoption of Ordinance 104-O-14 to extend the time for completion of
Orrington Hotel Planned Development located at 1710 Orrington Avenue and 1717-
1725 Sherman Avenue originally approved in October of 2003. The Ordinance grants a
two-year extension to obtain building permits for construction of the 30 residential units
above the hotel’s parking garage located at 1717-1725 Sherman Avenue by October
11, 2016. This ordinance was introduced at the September 8, 2014 City Council
meeting.
Summary
On October 13, 2003 the City Council adopted Ordinance 93-O-03 granting special use
approval for renovation and expansion of the Orrington Hotel (“Hotel Phase”) located at
1710 Orrington Avenue and construction of 30 residential units (“Residential Phase”)
above the hotel’s parking garage located at 1717-1725 Sherman Avenue. Per the
original ordinance, the applicant had five years to obtain buildings permits for both
phases of work.
The applicant completed the Hotel Phase in 2004, but the Residential Phase was never
commenced. Due to the poor market conditions and sluggish economy, the applicant
requested and received two three-year extensions for the completion of the project in
2008 and 2011. The current extension, granted in 2011, expires on October 11, 2014.
The new owner, who acquired the property in 2013, is requesting another three-year
extension until October 11, 2017. Per the extension request letter, dated July 14, 2014
(attached), since acquiring the property, the new owner has focused its efforts on
interior updates of the hotel and therefore needs additional time to complete the
Residential Phase of the project.
Memorandum
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Staff recommends approval of a two-year extension of the project. Staff acknowledges
that recent interior renovations to all 269 hotel rooms, meeting rooms and the banquet
room, as well as the upcoming renovations to the main level, including the lobby,
restaurant and fitness center among others have affected the timeline for completion of
the Residential Phase of the project. Staff believes that with the majority of interior
renovations complete, a two-year extension affords the owner adequate time to prepare
the plans and obtain the building permit for construction of the Residential Phase of the
project by October 11, 2016. Per the extension Ordinance, the owner has two years to
complete the project following the issuance of the building permit.
Additionally, staff believes the proposed two-year extension should be the final
extension to complete the project. After October of 2016, (13 years after the original
project was approved) the market conditions will have changed significantly enough that
the Residential Phase component should be evaluated as a project of its own. The Plan
Commission and the City Council can then review the plans to assure the project is
consistent with the 2009 Downtown Plan, standards of approval for Planned
Developments and other current City Council goals and policies.
Per the original Ordinance, the extension Ordinance includes a condition that detailed
plans for the 30 residential units must be reviewed by the Plan Commission and
approved by the City Council. Other conditions of the extension ordinance include a
requirement for a Construction Management Plan prior to the issuance of the building
permit and completion of the project within two years of the date the permit is issued.
Attachments
Proposed Ordinance 104-O-14
Extension Request Letter dated July 14, 2014
Residential Phase Plans
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8/25/2014
104-O-14
AN ORDINANCE
Extending the Time for the Applicant to Obtain a Building Permit to
Construct the Residential Units in the Orrington Hotel Planned
Development Previously Authorized by Ordinance 93-O-03
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 legislation and to promulgate rules and regulations that protect the public
health, safety, and welfare of its residents; 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 2012, as amended, (“the Zoning Ordinance”); and
WHEREAS, on October 13, 2003, the City Council enacted Ordinance 93-
O-03 by a supermajority vote (7-0), as required by Section 6-3-6-6 of the Zoning
Ordinance, attached hereto as Exhibit 1 and incorporated herein by reference, which,
pursuant to the provisions of the Zoning Ordinance, granted a Special Use Permit for a
Planned Development (the “Planned Development”) in the D3 Downtown Core
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104-O-14
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Development Zoning District and the D2 Downtown Retail Core Zoning District at 1710
Orrington Avenue and 1717 – 1725 Sherman Avenue (the “Subject Property”), which is
legally described in Exhibit 1; and
WHEREAS, The Planned Development Ordinance approved the
renovation and expansion of an existing hotel and provided for the construction of up to
thirty (30) residential units to be located above the existing garage parcel, commonly
known as 1717-1725 Sherman Ave, at the Subject Property (the “Project”); and
WHEREAS, the renovation and expansion of the existing hotel was timely
undertaken and completed in accordance with the Planned Development Ordnance;
and
WHEREAS, the Subject Property is under new ownership and by letter to
the City dated July 14, 2014, the new owner of the Subject Property, CRP/DOW
Orrington Hotel, L.L.C. (the “Applicant”) requested an amendment to the Planned
Development in order to extend the timeframes to obtain a building permit to construct
the residential units and finish the last phase of the Project (the “Amendment”); and
WHEREAS, Section 9 of Ordinance 93-O-14 provided for a longer time
period for construction beyond City Code restrictions provided in Sections 6-3-5-15(a) and
6-11-1-10(A)(4) and extended the date to obtain a building permit to five (5) years in order
to allow for a staged development; and
WHEREAS, the City Council previously approved two (2) extensions
beyond the initial five (5) year period, each for three (3) years, the first in 2008 and
subsequently in 2011; and
WHEREAS, in order to commence construction of the residential units, the
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Applicant requests an amendment to the Planned Development to provide for an
additional three (3) years to obtain a building permit to commence construction of the
residential units in the Project, revising the date to obtain a building permit to be
October 11, 2017 (the “Extension Request”); and
WHEREAS, on September 8, 2014 the Planning and Development
Committee (“P&D Committee”) held a meeting, in compliance with the provisions of the
Illinois Open Meetings Act (5 ILCS 120/1 et seq), during which it retained jurisdiction over
the Extension Request; and
WHEREAS, during said meetings, the P&D Committee received input from
the public, and carefully deliberated on the Extension Request and the Applicant was
given notice of the P&D and City Council meetings; and
WHEREAS, at its meeting of September 22, 2014, held in compliance with
the provisions of the Illinois Open Meetings Act, the City Council considered the P&D
Committee’s deliberations and recommendations, heard public comment, made
findings and considered this Ordinance 104-O-14 and the Extension Request,
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: Pursuant to the terms and conditions of this ordinance and
Sections 6-3-5-15(a) and 6-11-1-10(A)(4) of the Zoning ordinance, the City Council
hereby grants an amendment to the Planned Development Special Use Permit
previously authorized by Ordinance 93-O-03 and subsequently amended in 2008 and
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104-O-14
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2011, respectively, to allow for a two (2) year time extension to the Applicant to obtain a
building permit for the limited purpose of construction of the residential units above the
parking garage located at 1717-1725 Sherman Avenue in the Planned Development
described herein.
SECTION 3: Pursuant to Subsection 6-3-5-12 of the Zoning Ordinance,
the City Council imposes the following conditions on the Special Use Permit granted for
the Planned Development, which may be amended by future ordinance(s), and violation
of any of which shall constitute grounds for penalties or revocation of said Special Use
Permit pursuant to Subsections 6-3-10-5 and 6-3-10-6 of the Zoning Ordinance:
(a) Compliance with Applicable Requirements: The Applicant shall develop
and operate the Planned Development authorized by the terms of this
ordinance in substantial compliance with the following: the terms of this
Ordinance 104-O-14; terms of Ordinance 93-O-13 and subsequently
amended in 2008 and 2011, which have not been amended by this
Ordinance; all applicable City Code requirements; the Applicant’s testimony
and representations to the P&D Committee, and the City Council; and the
approved documents on file in this case.
(b) Construction of Residential Units: The Applicant must obtain a building
permit for the construction of up to thirty (30) residential units above the
parking garage located at 1717-1725 Sherman Avenue in the Planned
Development within two (2) years (October 11, 2016). The construction shall
be in compliance with all applicable City Code restrictions, including but not
limited to, the construction must be completed within a period of twenty-four
(24) months after issuance of the building permit.
(c) Changes in Property Use: Any change as to the property’s use in the future
must be processed and approved as an additional amendment to the Planned
Development.
(d) Construction Management Plan: The Applicant shall sign and agree to a
construction management plan, including but not limited to a construction
staging plan prior to the issuance of the building permit.
(e) Review of Plans: All requirements of Ordinance 93-O-14 shall remain
unchanged except as provided herein, including Applicant must obtain the
review and recommendation for the residential development from the Plan
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104-O-14
~5~
Commission and approval by the City Council with respect to appearance of
the Residential Development, including without limitation colors, materials,
landscape plan, architectural detailing such as banding and window openings
and spacing; and
(f) Recordation: Pursuant to Subsection 6-3-6-10 of the Zoning Ordinance, the
Applicant shall, at its cost, record a certified copy of this ordinance, including
all exhibits attached hereto, with the Cook County Recorder of Deeds, and
provide proof of such recordation to the City, before the City may issue any
permits pursuant to the Planned Development authorized by the terms of this
ordinance.
SECTION 4: Except as otherwise provided for in this Ordinance 104-O-
14, all applicable regulations of the Ordinance 93-O-03, 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. To the extent that the terms
and/or provisions of any of said documents conflict with any of the terms herein, this
Ordinance 104-O-14 shall govern and control.
SECTION 5: When necessary to effectuate the terms, conditions, and
purposes of this ordinance, “Applicant” shall be read as “Applicant and its agents,
assigns, and successors in interest” and shall mean CRP/DOW Orrington Hotel, L.L.C.,
and any and all successors, owners, and operators of the Subject Property.
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.
SECTION 7: 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. To the extent that the terms and provisions of any of said
documents conflict with the terms herein, this ordinance shall govern and control.
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104-O-14
~6~
SECTION 8: All ordinances or parts of ordinances that are in conflict with
the terms of this ordinance 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 hereby 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.
Ayes: ______
Nayes: _____
Introduced:_________________, 2014
Adopted:___________________, 2014
Approved:
__________________________, 2014
_______________________________
Elizabeth B. Tisdahl, Mayor
Attest:
_____________________________
Rodney Greene, City Clerk
Approved as to form:
_______________________________
W. Grant Farrar, Corporation Counsel
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104-O-14
~7~
EXHIBIT 1
ORDINANCE 93-O-03
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For City Council meeting of September 22, 2014 Item H1
Resolution 62-R-14: Supporting a Ban on Nontherapeutic Uses of Antibiotics in
Livestock Production
For Action
To: Honorable Mayor and Members of the City Council
Human Services Committee
From: Evonda Thomas-Smith, Health Department Director
Subject: Resolution 62-R-14: Authorizing the City of Evanston to Support the
Statewide and National Ban on Nontherapeutic Uses of Antibiotics in
Livestock Production
Date: September 11, 2014
Recommended Action:
Members of the Human Services Committee and City staff recommend City Council
adoption of Resolution 62-R-14, authorizing the City of Evanston to support the
statewide and national ban on nontherapeutic uses of antibiotics in livestock production.
Summary:
The Preservation of Antibiotics for Medical Treatment Act (“PAMTA”), H.R. 1150 and
the Prevention of Antibiotic Resistance Act (“PARA”), S. 1256, address the overuse of
antibiotics in livestock production. It is common practice for livestock to receive low
doses of antibiotics for nontherapeutic use which has increasingly contributed to the
development and spread of antibiotic-resistant bacteria.
PAMTA and PARA address this urgent public health crisis by restricting the use of
essential human antibiotics in food production. Antibiotics used to treat humans will be
protected by PAMTA/PARA, ending their therapeutic use in livestock, while still allowing
farmers to use all available antibiotics to treat sick animals under veterinary supervision.
City staff recommends the support of federal legislation PAMTA and PARA. Resolution
62-R-14 authorizes the City of Evanston to support the statewide and national ban on
nontherapeutic uses of antibiotics in livestock production.
Attachment
Copy of Resolution 62-R-14
Memorandum
426 of 519
8/14/2014
62-R-14
A RESOLUTION
Authorizing the City of Evanston to Support the Statewide and National
Ban on Nontherapeutic Uses of Antibiotics in Livestock Production
WHEREAS, eighty percent of the antibiotics sold in the United States are used
in livestock production, and the Centers for Disease Control and Prevention has
reported that most of those antibiotics are used irresponsibly; and
WHEREAS, low doses of antibiotics are routinely fed to livestock for growth
promotion and disease prevention to compensate for crowded, unsanitary conditions, in
a practice known as "nontherapeutic use"; and
WHEREAS, "nontherapeutic use" creates ideal conditions for the development
of antibiotic resistant bacteria; and
WHEREAS, antibiotic resistant bacteria on livestock operations are known to
spread to retail meat, farmers and farmworkers, and rural environments; and
WHEREAS, antibiotic resistance in pathogens due to nontherapeutic use of
antibiotics in livestock production has been a public health concern since the 1960s;
and
WHEREAS, antibiotic resistant bacteria have been the cause of several
foodborne illness outbreaks, including a 2011 outbreak of antibiotic resistant Salmonella
in ground turkey that sickened 136 people, hospitalized 37, and killed one and lead t o
the third largest meat recall in the USDA's records and a 2013 outbreak of antibiotic
resistant Salmonella in chicken that sickened 416 people and hospitalized 162; and
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62-R-14
- 2 -
WHEREAS, the Centers for Disease Control and Prevention reported that at
least two million Americans suffer from antibiotic resistant bacterial infections each year
and twenty-three thousand Americans die from those infections; and
WHEREAS, the medical and social costs of antibiotic-resistance infections in
just one hospital for one year have been estimated to be between $13 million and $18
million; and
WHEREAS, the federal government has limited nontherapeutic uses of two
classes of antibiotics, but otherwise largely relied on voluntary guidance to attempt to
reduce overuse of antibiotics in livestock production, despite regular acknowledgements
that nontherapeutic use and the development of antibiotic resistant bacteria poses a
significant public health threat,
NOW BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
EVANSTON, COOK COUNTY, ILLINOIS:
SECTION 1: The foregoing recitals are hereby found as fact and
incorporated herein by reference.
SECTION 2: The City of Evanston supports a statewide and national ban
on nontherapeutic uses of antibiotics in livestock production.
SECTION 3: The City of Evanston supports the Protection of Antibiotics
for Medical Treatment Act (PAMTA) / Prevention of Antibiotics Resistance Act (PARA).
SECTION 4: The City of Evanston will send a letter to our State
Representatives, Congressional Representatives and U.S. Senators calling for a ban on
the nontherapeutic use of antibiotics in livestock agriculture and for them to co-sponsor
the PAMTA / PARA.
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62-R-14
- 3 -
SECTION 5: This resolution 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
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For City Council meeting of September 22, 2014 Item H2
Ordinance 103-O-14: Authorizing the Lease and Sale of 2603 Sheridan Road
(Harley Clarke Mansion)
For Action
To: Honorable Mayor and Members of the City Council
From: W. Grant Farrar, Corporation Counsel
Subject: Ordinance 103-O-14 Authorizing the City Manager to Negotiate for the
Lease and Sale of 2603 Sheridan Road (Harley Clarke Mansion)
Date: September 4, 2014
Recommended Action:
Members of the Human Services Committee and staff recommend adoption of
Ordinance 103-O-14, which authorizes the City Manager to pursue negotiations with the
Illinois Department of Natural Resources to lease the property and sell the buildings at
2603 Sheridan Road, commonly known as the Harley Clarke Mansion. The ordinance
has been amended with a new Section 2, reflecting recommendations from the Human
Services Committee. This ordinance was introduced at the September 8, 2014 City
Council meeting.
Summary:
City Code Section 1-17-4-2, Sale of Real Property, dictates a two-step process to sell
City real property. The Code provides that the sale of real property may be facilitated
either by bid (1-17-4-2(A)) or negotiation (1-17-4-2(B)). In this case, City staff
recommends the sale and lease by negotiation process with a designated party, the
Illinois Department of Natural Resources (IDNR).
The City Code outlines a three-step process, which is summarized as follows: (a) City
Council must adopt an ordinance by a 2/3’s vote directing the process to sell the
property by negotiated sale and naming the party to negotiate on the City’s behalf; (b)
following negotiation, the City Council shall receive the negotiated recommendation and
if it concurs, shall direct the sale of the property by a subsequent ordinance which also
requires a 2/3’s vote of the elected aldermen; and (c) prior to adoption of the second
ordinance, publication in a news publication within general circulation is required within
statutory and City Code parameters. Steps B and C are also mandated by the Illinois
Municipal Code, 65 ILCS 5/11-76-2. Ordinance 103-O-14 is a mandatory preliminary
step in this process and after negotiation, the City Manager will share his
recommendation on the sale and lease of 2603 Sheridan Road at a future meeting and
consideration of another ordinance outlining proposed terms of the transaction.
Memorandum
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Attachment:
Ordinance 103-O-14
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8/21/2014
9/4/2014
103-O-14
AN ORDINANCE
Authorizing the City Manager to Negotiate with the Illinois
Department of Natural Resources for the Sale and Ground Lease of
City-Owned Real Property Located at
2603 Sheridan Road in Evanston, Illinois
NOW BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
EVANSTON, COOK COUNTY, ILLINOIS, THAT:
SECTION 1: The City Manager is hereby authorized and directed to
negotiate with the Illinois Department of Natural Resources for the sale and a ground lease
of the City’s interests in the real estate legally described in Exhibit A attached hereto and
incorporated herein by reference, commonly known as the Harley Clarke Mansion with a
real property address of 2603 Sheridan Road in Evanston, Illinois (the “Subject Property”).
SECTION 2: The City Manager is directed to adhere to the following points in
negotiations with the Illinois Department of Natural Resources:
1. The Harley Clarke Mansion and Coach House (“Buildings”) only are to be made
available for sale.
2. No land is to be offered for sale. The land occupied by the Buildings only may
have a long term ground lease negotiated.
3. No other land or buildings adjacent to the Buildings are available for ground
lease or sale.
4. Provisions for permits for appropriate parking spaces for occupants of the
Buildings may be negotiated.
5. Provisions shall be included that stipulate the current and future uses of the
Buildings by the State of Illinois.
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103-O-14
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6. Provisions shall be included that allow the City of Evanston first right to
ownership of the Buildings should the State of Illinois wish to vacate the building
in the future.
7. Provisions shall be included that allow the Evanston Preservation Commission
right of review of any exterior modifications of the Buildings to ensure
consistency with appropriate local and state laws.
SECTION 3: Pursuant to Subsection 1-17-4-2-(B) of the Evanston City Code,
2012, as amended (the “City Code”), an affirmative vote of two-thirds (⅔) of the elected
Aldermen is required to accept the recommendation of the City Manager on the negotiation
authorized herein. The City reserves the right to reject any and all negotiations.
SECTION 4: Pursuant to City Code Subsection 1-17-4-2-(B)-3, Notice of
Intent to Sell and Lease Certain Real Estate by Negotiation was published in the Sun
Times, a newspaper in general circulation in the City, on August 22, 2014. Said publication
was neither less than fifteen (15) nor more than thirty (30) days before the date on which
the City Council considered adoption of this ordinance authorizing the City Manager to
negotiate the sale and lease of the Subject Property.
SECTION 5: All ordinances or parts of ordinances in conflict herewith are
hereby repealed.
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.
SECTION 7: 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 application of this Ordinance
is severable.
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103-O-14
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SECTION 8: 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.
Ayes: ______________
Nays: ______________
Introduced:_________________, 2014
Adopted:___________________, 2014
Approved:
__________________________, 2014
_______________________________
Elizabeth B. Tisdahl, Mayor
Attest:
_____________________________
Rodney Greene, City Clerk
Approved as to form:
_______________________________
W. Grant Farrar, Corporation Counsel
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103-O-14
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EXHIBIT A
LEGAL DESCRIPTION
LOTS 9, 10 AND 11 OF BLOCK 5 BROWN’S LAKE GROVE ADDITION TO EVANSTON, A
SUBDIVISION OF A PART OF LOTS 35 TO 38 OF BAXTER’S SHARE OF THE SOUTH
SECTION OF OUILMETTE RESERVE, ALSO PARTS OF LOTS 23 TO 25 IN GEORGE
SMITH’S SUBDIVISION OF THE SOUTH PART OF OUILMETTE RESERVE, IN
TOWNSHIP 42 NORTH, RANGE 13, EAST OF THE THIRD PRINCIPAL MERIDIAN, IN
COOK COUNTY, ILLINOIS.
COMMONLY KNOWN AS: 2603 SHERIDAN ROAD, EVANSTON ILLINOIS
PIN: 11-19-111-024-0000.
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For City Council meeting of September 22, 2014 Items O1, O2, & O3
Summary Memorandum for Little Beans Café and Playground Agenda Items
For Action
To: Honorable Mayor and Members of the City Council
From: Wally Bobkiewicz, City Manager
Johanna Nyden, Economic Development Division Manager
Subject: Summary Memorandum on Little Beans Café Evanston Requests for
Financial Assistance
Date: September 18, 2014
Summary:
Little Beans Café Evanston seeks to duplicate their indoor playground and café that is
currently located in Chicago’s Lincoln Park neighborhood in Evanston at 430 Asbury
Avenue. The current condition of the property is such that significant rehabilitation work
will have to be undertaken. Staff and the Economic Development Committee
recommend financial assistance in the form of façade improvement funds, a forgivable
loan, and a standard economic development loan.
Accompanying memorandums include Resolutions 69-R-14 and 70-R-14 that authorize
the City Manager to negotiate and execute the loan components of the financial
assistance. Additionally, approval is requested for approval of Little Beans Café’s
participation in the City’s façade improvement program.
Background:
At this time, rehabilitation plans for the 14,000 square foot building, previously occupied
by a stand-alone Osco Drug Pharmacy, are in the process of being finalized. Little
Beans estimates that at least $600,000 will need to be spent on construction to bring
the building to a functional condition and a minimum of $280,000 will be spent to create
the café and indoor playground (budgets are attached). The building has sat
unoccupied for nearly a decade; subsequently the building mechanicals have not been
utilized during that time and there are several features of the building that will need to
be brought up to current building code standards due to the use of the space as an
indoor recreational facility for children. Additionally, a failed attempt to rehabilitate the
space for a grocery store in the mid-2000s resulted in destruction of key building
infrastructure.
Little Beans has secured a loan from a bank for $653,000; CVS and the property owner
are also providing allowances for interior work. In addition to securing funding from a
Memorandum
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bank, they are also bringing $150,000 in equity to the project. They are seeking
$125,000 in a combined façade improvement program request and forgivable/market
rate loan for the remaining project costs.
Little Beans will be leasing the property from CVS Pharmacy (“CVS”). CVS assumed all
leases held by stand-alone Osco Drug Pharmacies when CVS entered the Chicago
area market nearly ten years ago. This store was not converted into a CVS and was
listed for sub-leasing. Leasing of the property has proved unsuccessful until this past
year. The location, while highly visible to traffic, is generally not desired by retailers who
would occupy 10,000 or more square feet of commercial space. These commercial
users generally seek to be near other retailers in more traditional shopping center
settings.
While the property has been attractive to smaller users, it has failed to lease because it
is currently partially assessed due to the vacancy. Improvement of the property would
significantly increase the property taxes and in many cases make projects infeasible.
On September 8, 2014 City Council adopted Resolution 64-R-14 in support of Little
Beans application to Cook County for a reduced assessment for a period of 12 years in
order offset significant increases in property taxes. The reduced assessment would
essentially save $1.0 million in undiscounted taxes and thereby preserving the taxes at
the property as though it had not been improved and is not occupied.
Summary:
Little Beans has secured funding from the bank to finance the interior construction of the
430 Asbury, has been afforded tenant improvement dollars from both CVS and the
property owner. Additionally the ownership of Little Beans Café Evanston will be
contributing equity to the project. They seek additional assistance from the City to
ensure a successful project.
Façade Improvement Project
The façade improvement project proposed for the Little Beans Café location at 430
Asbury includes relocation of the drive-thru window, tuckpointing, installation of new
signage, door repair, repair of siding, exterior lighting, professional service fees, and
permitting. This project is eligible under the guidelines of the program. In total, the
work is estimated to cost $60,000. The property has a total of 265 linear feet of street
facing frontage (Asbury Avenue and Oakton Street) which would make Little Beans
Café eligible for up to $10,000 for work for the first 35 feet of storefront, plus an
additional 230 linear feet for the balance of the properties exterior walls. This would add
an additional $23,000 to the eligibility, thereby increasing total eligibility to $33,000.
However, based on the total project costs, Little Beans is eligible for $30,000 based on
a 50/50 cost sharing basis.
Little Beans continues to compile three bids for each area of work for this project. Staff
recommends approval conditional on securing additional bids for proposed work for this
project.
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Economic Development Loan
Due to the significant costs associated with funding the interior construction of the
property, Little Beans must utilize the loan from the bank and equity to complete this
project. They are seeking an economic development loan in the amount of $95,000
from the City in order to finance the final components of the project including equipment
for the playspace and the café. In the attachment provided by Little Beans they outline
their project and financial request.
The loan is divided into two separate loan documents: 1) Forgivable Economic
Development Loan and 2) Standard Economic Development Loan. Key loan terms
include:
• Total loan amount up to $95,000; $20,000 is proposed to be forgivable over ten
years and is subject to compliance with loan terms and conditions; balance of
loan ($75,000) will be repaid monthly on a level repayment schedule over ten
years at 6% interest following opening of establishment in 2015 (this rate is
above the current rate on the existing loan Little Beans has secured from its
bank).
• The standard economic development loan would be secured by collateral that is
purchased with the loan proceeds, and is expected to include café equipment,
interior finishes (play space, and furniture).
• Borrower and/or his/her successors are further prohibited from obtaining any
secondary financing using this material/equipment as collateral, making the City
the sole lien holder. Little Beans will provide a final list of the items to be
purchased in order to facilitate the filing of UCC-1 forms with the appropriate
filing office(s) in order to perfect the City’s security interest.
• In the event Little Beans Cafe closed this location in Evanston, the portion of the
loan that is non-forgivable would be considered in default and would become due
and payable immediately.
• Commitment to make best efforts to hire qualified Evanston residents for
positions available in the café and the play space.
• Commitment to offer programs at reduced rate to income-eligible families that
reside in Evanston.
Attachments:
O1) Staff Memorandum and Associated Attachments for Façade Improvement Fund
O2) Staff Memorandum and Associated Attachments for Resolution 69-R-14
O3) Staff Memorandum and Associated Attachments for Resolution 70-R-14
Submission from Little Beans Café Evanston
Little Beans Remodeling Design Plan
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For City Council meeting of September 22, 2014 Item O1
Business of the City by Motion: Little Beans Façade Improvement
For Action
To: Honorable Mayor and Members of the City Council
From: Wally Bobkiewicz, City Manager
Johanna Nyden, Economic Development Division Manager
Subject: Approval of Façade Improvement Project at 430 Asbury Avenue in
Support of Little Beans Café Evanston
Date: September 18, 2014
Recommended Action:
The Economic Development Committee and staff recommend the approval of a Façade
Improvement Grant for Little Beans Café at 430 Asbury Avenue on a 50/50 cost sharing
basis in an amount not to exceed $30,000.
Funding Source:
The Economic Development Fund’s Business District Improvement Account
#5300.65522 is the proposed funding source. The Approved Fiscal Year 2014 Budget
allocated a total of $147,000 for this account to fund both the Façade Improvement
Program and the Great Merchant Grant programs. To date, $37,561.75 has been spent
from this account, leaving a balance of $109,438.25.
Façade Improvement Program Summary:
The Façade Improvement Program provides a financial incentive to property owners
and their commercial tenants to reinvest in the exterior appearance of their property or
business. Applicants are eligible to receive a forgivable loan of up to 50% of the total
qualifying project cost. Applicants must obtain three written bids for each work
component of a proposed project. One of the three bids must come from an Evanston-
based contractor. The program helps improve the aesthetics of a commercial building
while simultaneously improving the overall aesthetics of a business district. (For more
detailed information, please refer to the Program Guidelines)
The façade improvement project proposed for the Little Beans Café location at 430
Asbury Avenue includes relocation of the drive-thru window, tuckpointing, installation of
new signage, door repair, repair of siding, exterior lighting, professional service fees,
and permitting. This project is eligible under the guidelines of the program. In total, the
work is estimated to cost $60,000. The property has a total of 265 linear feet of street
facing frontage (Asbury Avenue and Oakton Street) which would make Little Beans
Memorandum
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Café eligible for up to $10,000 for work for the first 35 feet of storefront, plus an
additional 230 linear feet for the balance of the properties exterior walls. This would add
an additional $23,000 to the eligibility, thereby increasing total eligibility to $33,000.
However, based on the total project costs, Little Beans is eligible for $30,000 based on
a 50/50 cost sharing basis.
Little Beans continues to compile three bids for each area of work for this project. Staff
recommends approval conditional on securing additional bids for proposed work for this
project.
According to the Cook County Treasurer’s office, the property owner is in good standing
with their property taxes.
Legislative History:
The Economic Development Committee considered this matter at its regular meeting on
September 17, 2014 and voted unanimously (10-0) to recommend to City Council
approval of a loan to Little Beans Café Evanston.
Attachments:
-Façade Improvement Program Application
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SCHEDULE OF EXTERIOR WORK
PROJECT:
ADDRESS: FINAL
OWNER:
NO. Item # DESCRIPTION OF WORK CONTRACTOR
AMOUNT OF
CONTRACT
1.0 $4,560.00
2.0 $0.00
3.0 $0.00
4.0 $2,500.00
4.10 New drive through window opening 0 $2,500.00
5.0 $0.00
6.0 $0.00
7.0 $5,700.00
7.10 Roof Patching Hanson Roofing $5,700.00
7.11 Patch old openings (included)
7.12 Flash new openings & curbs (included)
7.20 Siding Repair (included)
8.0 $5,140.00
8.30 Drive Through Window
8.31 Drive Through Window - Parallel $4,100.00
8.32 Drive Through Window Install Denlu $1,040.00
9.0 $0.00
10.0 $0.00
11.0 $25,500.00
11.10 Exterior Signage $25,500.00
11.11 Marquee Sign $3,000.00
11.12 North Wall $5,000.00
11.13 East Wall $8,000.00
11.14 Menu Board $3,500.00
11.15 Intercom $6,000.00
12.0 $0.00
15.0 $0.00
16.0 $7,000.00
16.10 Power & Lighting
16.15 Exterior Electrical Corrigan $7,000.00
17.0 $0.00
18.0 $0.00
Sub Total $50,400.00
GC Fee $5,000.00
Arch Design Fee $4,600.00
$60,000.00
Mechanical
COMMENTS
Little Beans Café
Existing Conditions
Masonry
Woods & Plastics
Thermal & Moisture Protection
Openings
Metals
430 Asbury Ave, Evanston IL
Rob Spengler & Shannon Valco
Concrete
General Conditions & Overhead
Total of Exterior Work
Electrical
Plumbing
Fire Protection
Finishes
Specialties
Equipment
Furnishings
Printed9/12/2014
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For City Council meeting of September 22, 2014 Item O2
Resolution 69-R-14: Little Beans Loan
For Action
To: Honorable Mayor and Members of the City Council
From: Wally Bobkiewicz, City Manager
Johanna Nyden, Economic Development Division Manager
Subject: Resolution 69-R-14 “Authorizing the City Manager to Negotiate and
Execute a Loan Agreement with Little Beans Café Evanston, LLC”
Date: September 18, 2014
Recommended Action:
The Economic Development Committee and staff recommend the approval of
Resolution 69-R-14 “Authorizing the City Manager to Negotiate and Execute a Loan
Agreement with Little Beans Café Evanston, LLC”. The loan is in the amount of
$75,000.
Funding Source:
The Economic Development Fund’s Business Attraction & Expansion Account is the
proposed funding source for the Economic Development Loan (Acct #: 5300.62660).
The Approved Fiscal Year 2014 Budget allocated a total of $500,000 for this account to
fund activities. To date, $249,368.31 has been spent from this account. Another
$140,000 is obligated for a loan for Davis Transportation but has not been spent from
this account yet.
Summary:
Due to the significant costs associated with funding the interior construction of the
property, is seeking financial assistance to complete the project at 430 Asbury and
requires additional funding to purchase equipment and complete interior build-out of the
space. The proposed loan would be payable over a period of ten years. Repayment
would commence after Little Beans Café, Evanston has opened and started operation.
Key loan terms include:
• Total loan amount up to $95,000; $75,000 will be repaid monthly on a level
repayment schedule over ten years at 6% interest following opening of
establishment in 2015 (this rate is above the current rate on the existing loan
Little Beans has secured from its bank).
Memorandum
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• The loan would be secured by collateral that is purchased with the loan
proceeds, and is expected to include café equipment, interior finishes (play
space, and furniture).
• Borrower and/or his/her successors are further prohibited from obtaining any
secondary financing using this material/equipment as collateral, making the City
the sole lien holder. Little Beans will provide a final list of the items to be
purchased in order to facilitate the filing of UCC-1 forms with the appropriate
filing office(s) in order to perfect the City’s security interest.
• In the event Little Beans Cafe closed this location in Evanston, the portion of the
loan that is unpaid would be considered in default and would become due and
payable immediately.
• Commitment to make best efforts to hire qualified Evanston residents for
positions available in the café and the playspace.
• Commitment to offer programs at reduced rate to income-eligible families that
reside in Evanston.
Legislative History:
The Economic Development Committee considered this matter at its regular meeting on
September 17, 2014 and voted unanimously (9-0) to recommend to City Council
approval of a loan to Little Beans Café Evanston.
Attachments:
-Resolution 69-R-14
-Draft of Loan Agreement
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9/9/2014
69-R-14
A RESOLUTION
Authorizing the City Manager to Negotiate and Execute a Loan
Agreement with Little Beans Café Evanston, LLC
NOW BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
EVANSTON, COOK COUNTY, ILLINOIS, THAT:
SECTION 1: The City Manager is hereby authorized and directed to
negotiate and execute a loan agreement between the City and Little Beans Café
Evanston, LLC, an Illinois limited liability company, attached hereto as Exhibit A and
incorporated herein by reference (the “Agreement”) for a loan in the amount of Seventy-
Five Thousand and no/100 Dollars ($75,000.00).
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.
SECTION 3: This Resolution 69-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
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69-R-14
~ 2 ~
EXHIBIT A
Loan Agreement
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PROMISSORY NOTE
Name and Address of Borrower:
Little Beans Café Evanston, LLC
430 Asbury Avenue
Evanston, IL 60202
Dated: _________, 2014
1. BORROWER’S PROMISE TO PAY
FOR VALUE RECEIVED, the undersigned, Little Beans Café Evanston, LLC, an Illinois
limited liability company (referred to hereafter as the "Borrower"), promise to pay to the
order of the City of Evanston, an Illinois home rule municipal corporation, acting through
its City Manager’s Office, with its principal office located at 2100 Ridge Avenue,
Evanston, Illinois (the “Lender”), in the manner provided in this Note, the principal sum
of $75,000.00 (Seventy-Five Thousand and 00/100 Dollars) (the “Loan”).
The Loan is secured by a Uniform Commercial Code financing statement (the “UCC
Financing Statement”) and security agreement (the “Security Agreement”), which
includes the Borrower’s equipment and fixtures (“Equipment and Fixtures”) to be located
at 430 Asbury Avenue, Evanston, Illinois (the “Property”) for the operation of the
business, dated the date of this Note and recorded with the Cook County Recorder of
Deeds on ____________, 2014 and as Document Number _______________ (the
“Security”), 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 six percent (6.00%). 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 ten (10) years commencing on February 1, 2014 and ending on
January 31, 2025 (the “Loan Term”). The Loan will bear interest during the Loan Term
at 6.0% (six percent) interest per annum and payable in monthly installments of $832.65
on or before the 1st of each month and the first payment is due on March 1, 2015.
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.
3. SECURITY FOR NOTE: UCC FINANCING STATEMENT
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The indebtedness evidenced by this Note (including all principal, interest, charges, fees,
and expenses) is secured by the aforementioned Security, dated of even date herewith
encumbering the fixtures and personal property of the Borrower. The Note, Security
Agreement, and UCC Financing Statement shall be collectively referred to as the “Loan
Documents” and the terms of which are hereby incorporated by this reference. The
Lender will record the UCC Financing Statement following the execution of this Note,
which shall remain a valid lien on the Equipment and Fixtures until the Loan is paid off
in full and until the end of the Loan Term. The Note, Security Agreement, Project
Agreement, and UCC Financing Statement shall be collectively referred to as the “Loan
Documents” and the terms of which are hereby incorporated by this reference.
4. LOAN DISBURSEMENTS
The City will issue the loan disbursement after Borrower has obtained a Temporary
Certificate of Occupancy from the Building & Inspection Services Division of the City of
Evanston after the build-out of 430 Asbury Avenue. Prior to payment, the Borrower
must transmit copies of all invoices from vendors. The Borrower must provide the
invoices as soon as available to the City prior to disbursement and provide the City at
least 15 days to disburse the payment. The Borrower must provide the invoice(s) by no
later than January 1, 2015, because the Loan Term commences on February 1, 2015.
The City will disburse up to $75,000. If the invoices do not exceed $75,000, the City will
only disburse up to the total amount of the invoices. The total loan amortization
schedule will be adjusted accordingly if the disbursement is less than $75,000.
5. 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) If Borrower ceases to operate a play café no less than 10,000 square feet
within the borders of the City of Evanston (including by incidence of death of the
Borrower). The Lender shall give written notice to Borrower of this Default. The
Borrower shall have a period of thirty days to cure the Default (“Cure Period”).
2) If all or any part of the Fixtures and Equipment or any interest in it is sold
or transferred (or if a legal or beneficial interest in Borrower’s interest in the
Fixtures and Equipment is sold or transferred) without Lender’s prior written
consent.
3) If a default or event of default occurs and is continuing under any
representation or covenant under the Loan Documents.
4) If a default or event of default occurs and is continuing under any other
mortgage or loan agreement encumbering the Fixtures and Equipment.
5) 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.
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6) 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 of all or any major part of the Fixtures and
Equipment.
B. The Borrower also promises that, if the Event of Default specified above, 4(A)(1),
shall occur (after applicable notice and the Occupancy Cure Period detailed above)
before the expiration of the Loan Term, the Borrower agrees to repay to the order of the
Lender or its designee an amount equal to the original principal amount of the Loan and
it is immediately due and payable. Provided however, if an Event of Default is solely
with respect any other Event of Default specified above in 4(A), the Borrower shall have
sixty (60) days after the date on which the notice is delivered to Borrower to cure such
breach, provided, however, that if the curing of such non-monetary breach cannot be
accomplished with due diligence within said period of sixty (60) days then Borrower
shall have such additional reasonable period of time to cure such breach as may be
necessary, provided Borrower shall have commenced to cure such breach within said
period, such cure shall have been diligently prosecuted by Borrower thereafter to
completion (“Other Default Cure Period”). 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 10-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, subject to the availability of net proceeds
from sale of the Fixtures and Equipment. Lender can auction the Fixtures and
Equipment and use the proceeds and apply it to the loan balance.
D. If any payments of interest or the unpaid principal balance due under this Note or
any escrow fund payments for taxes or insurance required under the Security
Agreement 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.
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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 any
other security described in the Loan Documents or any portion or combination of such
real estate and other security, 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 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.
6. 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.
7. 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.
8. 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: Economic Development Division
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2100 Ridge Avenue, Room 3600
Evanston, Illinois 60201
with a copy to:
City of Evanston
Attn: Corporation Counsel
2100 Ridge Avenue, Room 4400
Evanston, Illinois 60201
9. RESPONSIBILITY OF PERSONS UNDER THIS NOTE
If more than one person signs this Note, each person is fully and personally obligated to
keep all of the promises made in this Note. The Lender may enforce its rights under this
Note against the signatories either individually or together. This means that both
signatories, either individually or together, may be required to pay all of the amounts
owned under this Note. Any person 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. Notwithstanding
anything in the Security Agreement to the contrary, the Loan is a recourse obligation of
the Borrower.
10. 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.
11. 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
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representatives, executors, administrators, devisees, legatees, and heirs of the
Undersigned and Borrower and shall be binding upon the same
In the event the Undersigned is an Illinois land trust, then this Note is executed by the
Trustee, not personally but as Trustee as aforesaid in the exercise of the power and
authority conferred on and vested in it as the Trustee, and is payable only out of the
property specifically described in the Loan Documents securing the payment hereof, by
the enforcement of the provisions contained therein. No personal liability shall be
asserted or be enforceable against the Trustee because or in respect of this Note or the
making, issue, or transfer thereof, all such liability, if any, being expressly waived by
each taker and holder hereof, and each original and successive holder of this Note
accepts the Note on the express condition that no duty shall rest on the Trustee to
sequester the rents, issues, and profits arising from the property described in the Loan
Documents, or the proceeds arising from the sale or other disposition thereof, but that in
case of Default in the payment of this Note or of any installment hereof, the sole
remedies of the holder hereof shall be by foreclosure of the UCC Financing Statement,
realization on the other security given under the other Loan Documents to secure
indebtedness evidenced by this Note, in accordance with the terms and provisions set
forth herein, or any combination of the above.
The Undersigned have caused this Note to be executed as of the ____ day of October,
2014.
BORROWER:
LITTLE BEANS CAFÉ EVANSTON LLC
Address: ______________________ By: _____________________________
______________________
______________________ By: ______________________________
______________________
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EXHIBIT 1
LOAN PAYMENT SCHEDULE
Mar. 2015 $ 832.65 $ 457.65 $ 375.00 $ 375.00 $ 74,542.35
April 2015 $ 832.65 $ 459.94 $ 372.71 $ 747.71 $ 74,082.40
May 2015 $ 832.65 $ 462.24 $ 370.41 $ 1,118.12 $ 73,620.16
June 2015 $ 832.65 $ 464.55 $ 368.10 $ 1,486.22 $ 73,155.61
July 2015 $ 832.65 $ 466.88 $ 365.78 $ 1,852.00 $ 72,688.73
Aug. 2015 $ 832.65 $ 469.21 $ 363.44 $ 2,215.45 $ 72,219.52
Sept. 2015 $ 832.65 $ 471.56 $ 361.10 $ 2,576.54 $ 71,747.97
Oct. 2015 $ 832.65 $ 473.91 $ 358.74 $ 2,935.28 $ 71,274.05
Nov. 2015 $ 832.65 $ 476.28 $ 356.37 $ 3,291.65 $ 70,797.77
Dec. 2015 $ 832.65 $ 478.66 $ 353.99 $ 3,645.64 $ 70,319.11
Jan. 2016 $ 832.65 $ 481.06 $ 351.60 $ 3,997.24 $ 69,838.05
Feb. 2016 $ 832.65 $ 483.46 $ 349.19 $ 4,346.43 $ 69,354.58
Mar. 2016 $ 832.65 $ 485.88 $ 346.77 $ 4,693.20 $ 68,868.70
April 2016 $ 832.65 $ 488.31 $ 344.34 $ 5,037.55 $ 68,380.39
May 2016 $ 832.65 $ 490.75 $ 341.90 $ 5,379.45 $ 67,889.64
June 2016 $ 832.65 $ 493.21 $ 339.45 $ 5,718.90 $ 67,396.43
July 2016 $ 832.65 $ 495.67 $ 336.98 $ 6,055.88 $ 66,900.76
Aug. 2016 $ 832.65 $ 498.15 $ 334.50 $ 6,390.38 $ 66,402.61
Sept. 2016 $ 832.65 $ 500.64 $ 332.01 $ 6,722.39 $ 65,901.97
Oct. 2016 $ 832.65 $ 503.14 $ 329.51 $ 7,051.90 $ 65,398.83
Nov. 2016 $ 832.65 $ 505.66 $ 326.99 $ 7,378.90 $ 64,893.17
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Dec. 2016 $ 832.65 $ 508.19 $ 324.47 $ 7,703.36 $ 64,384.98
Jan. 2017 $ 832.65 $ 510.73 $ 321.92 $ 8,025.29 $ 63,874.25
Feb. 2017 $ 832.65 $ 513.28 $ 319.37 $ 8,344.66 $ 63,360.97
Mar. 2017 $ 832.65 $ 515.85 $ 316.80 $ 8,661.47 $ 62,845.12
April 2017 $ 832.65 $ 518.43 $ 314.23 $ 8,975.69 $ 62,326.69
May 2017 $ 832.65 $ 521.02 $ 311.63 $ 9,287.32 $ 61,805.67
June 2017 $ 832.65 $ 523.63 $ 309.03 $ 9,596.35 $ 61,282.05
July 2017 $ 832.65 $ 526.24 $ 306.41 $ 9,902.76 $ 60,755.80
Aug. 2017 $ 832.65 $ 528.87 $ 303.78 $ 10,206.54 $ 60,226.93
Sept. 2017 $ 832.65 $ 531.52 $ 301.13 $ 10,507.68 $ 59,695.41
Oct. 2017 $ 832.65 $ 534.18 $ 298.48 $ 10,806.15 $ 59,161.23
Nov. 2017 $ 832.65 $ 536.85 $ 295.81 $ 11,101.96 $ 58,624.39
Dec. 2017 $ 832.65 $ 539.53 $ 293.12 $ 11,395.08 $ 58,084.85
Jan. 2018 $ 832.65 $ 542.23 $ 290.42 $ 11,685.51 $ 57,542.62
Feb. 2018 $ 832.65 $ 544.94 $ 287.71 $ 11,973.22 $ 56,997.68
Mar. 2018 $ 832.65 $ 547.67 $ 284.99 $ 12,258.21 $ 56,450.02
April 2018 $ 832.65 $ 550.40 $ 282.25 $ 12,540.46 $ 55,899.61
May 2018 $ 832.65 $ 553.16 $ 279.50 $ 12,819.96 $ 55,346.46
June 2018 $ 832.65 $ 555.92 $ 276.73 $ 13,096.69 $ 54,790.54
July 2018 $ 832.65 $ 558.70 $ 273.95 $ 13,370.64 $ 54,231.84
Aug. 2018 $ 832.65 $ 561.49 $ 271.16 $ 13,641.80 $ 53,670.34
Sept. 2018 $ 832.65 $ 564.30 $ 268.35 $ 13,910.15 $ 53,106.04
Oct. 2018 $ 832.65 $ 567.12 $ 265.53 $ 14,175.68 $ 52,538.92
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Nov. 2018 $ 832.65 $ 569.96 $ 262.69 $ 14,438.38 $ 51,968.96
Dec. 2018 $ 832.65 $ 572.81 $ 259.84 $ 14,698.22 $ 51,396.15
Jan. 2019 $ 832.65 $ 575.67 $ 256.98 $ 14,955.20 $ 50,820.47
Feb. 2019 $ 832.65 $ 578.55 $ 254.10 $ 15,209.30 $ 50,241.92
Mar. 2019 $ 832.65 $ 581.44 $ 251.21 $ 15,460.51 $ 49,660.48
April 2019 $ 832.65 $ 584.35 $ 248.30 $ 15,708.82 $ 49,076.13
May 2019 $ 832.65 $ 587.27 $ 245.38 $ 15,954.20 $ 48,488.85
June 2019 $ 832.65 $ 590.21 $ 242.44 $ 16,196.64 $ 47,898.65
July 2019 $ 832.65 $ 593.16 $ 239.49 $ 16,436.13 $ 47,305.48
Aug. 2019 $ 832.65 $ 596.13 $ 236.53 $ 16,672.66 $ 46,709.36
Sept. 2019 $ 832.65 $ 599.11 $ 233.55 $ 16,906.21 $ 46,110.25
Oct. 2019 $ 832.65 $ 602.10 $ 230.55 $ 17,136.76 $ 45,508.15
Nov. 2019 $ 832.65 $ 605.11 $ 227.54 $ 17,364.30 $ 44,903.04
Dec. 2019 $ 832.65 $ 608.14 $ 224.52 $ 17,588.82 $ 44,294.90
Jan. 2020 $ 832.65 $ 611.18 $ 221.47 $ 17,810.29 $ 43,683.72
Feb. 2020 $ 832.65 $ 614.24 $ 218.42 $ 18,028.71 $ 43,069.48
Mar. 2020 $ 832.65 $ 617.31 $ 215.35 $ 18,244.06 $ 42,452.18
April 2020 $ 832.65 $ 620.39 $ 212.26 $ 18,456.32 $ 41,831.78
May 2020 $ 832.65 $ 623.49 $ 209.16 $ 18,665.48 $ 41,208.29
June 2020 $ 832.65 $ 626.61 $ 206.04 $ 18,871.52 $ 40,581.68
July 2020 $ 832.65 $ 629.75 $ 202.91 $ 19,074.43 $ 39,951.93
Aug. 2020 $ 832.65 $ 632.89 $ 199.76 $ 19,274.19 $ 39,319.04
Sept. 2020 $ 832.65 $ 636.06 $ 196.60 $ 19,470.78 $ 38,682.98
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Oct. 2020 $ 832.65 $ 639.24 $ 193.41 $ 19,664.20 $ 38,043.74
Nov. 2020 $ 832.65 $ 642.44 $ 190.22 $ 19,854.41 $ 37,401.30
Dec. 2020 $ 832.65 $ 645.65 $ 187.01 $ 20,041.42 $ 36,755.66
Jan. 2021 $ 832.65 $ 648.88 $ 183.78 $ 20,225.20 $ 36,106.78
Feb. 2021 $ 832.65 $ 652.12 $ 180.53 $ 20,405.73 $ 35,454.66
Mar. 2021 $ 832.65 $ 655.38 $ 177.27 $ 20,583.01 $ 34,799.28
April 2021 $ 832.65 $ 658.66 $ 174.00 $ 20,757.00 $ 34,140.62
May 2021 $ 832.65 $ 661.95 $ 170.70 $ 20,927.71 $ 33,478.67
June 2021 $ 832.65 $ 665.26 $ 167.39 $ 21,095.10 $ 32,813.41
July 2021 $ 832.65 $ 668.59 $ 164.07 $ 21,259.17 $ 32,144.83
Aug. 2021 $ 832.65 $ 671.93 $ 160.72 $ 21,419.89 $ 31,472.90
Sept. 2021 $ 832.65 $ 675.29 $ 157.36 $ 21,577.25 $ 30,797.61
Oct. 2021 $ 832.65 $ 678.67 $ 153.99 $ 21,731.24 $ 30,118.94
Nov. 2021 $ 832.65 $ 682.06 $ 150.59 $ 21,881.84 $ 29,436.88
Dec. 2021 $ 832.65 $ 685.47 $ 147.18 $ 22,029.02 $ 28,751.41
Jan. 2022 $ 832.65 $ 688.90 $ 143.76 $ 22,172.78 $ 28,062.52
Feb. 2022 $ 832.65 $ 692.34 $ 140.31 $ 22,313.09 $ 27,370.18
Mar. 2022 $ 832.65 $ 695.80 $ 136.85 $ 22,449.94 $ 26,674.37
April 2022 $ 832.65 $ 699.28 $ 133.37 $ 22,583.31 $ 25,975.09
May 2022 $ 832.65 $ 702.78 $ 129.88 $ 22,713.19 $ 25,272.31
June 2022 $ 832.65 $ 706.29 $ 126.36 $ 22,839.55 $ 24,566.02
July 2022 $ 832.65 $ 709.82 $ 122.83 $ 22,962.38 $ 23,856.20
Aug. 2022 $ 832.65 $ 713.37 $ 119.28 $ 23,081.66 $ 23,142.82
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Sept. 2022 $ 832.65 $ 716.94 $ 115.71 $ 23,197.38 $ 22,425.88
Oct. 2022 $ 832.65 $ 720.52 $ 112.13 $ 23,309.51 $ 21,705.36
Nov. 2022 $ 832.65 $ 724.13 $ 108.53 $ 23,418.03 $ 20,981.23
Dec. 2022 $ 832.65 $ 727.75 $ 104.91 $ 23,522.94 $ 20,253.49
Jan. 2023 $ 832.65 $ 731.39 $ 101.27 $ 23,624.21 $ 19,522.10
Feb. 2023 $ 832.65 $ 735.04 $ 97.61 $ 23,721.82 $ 18,787.06
Mar. 2023 $ 832.65 $ 738.72 $ 93.94 $ 23,815.75 $ 18,048.34
April 2023 $ 832.65 $ 742.41 $ 90.24 $ 23,905.99 $ 17,305.92
May 2023 $ 832.65 $ 746.12 $ 86.53 $ 23,992.52 $ 16,559.80
June 2023 $ 832.65 $ 749.85 $ 82.80 $ 24,075.32 $ 15,809.95
July 2023 $ 832.65 $ 753.60 $ 79.05 $ 24,154.37 $ 15,056.34
Aug. 2023 $ 832.65 $ 757.37 $ 75.28 $ 24,229.65 $ 14,298.97
Sept. 2023 $ 832.65 $ 761.16 $ 71.49 $ 24,301.15 $ 13,537.81
Oct. 2023 $ 832.65 $ 764.96 $ 67.69 $ 24,368.84 $ 12,772.85
Nov. 2023 $ 832.65 $ 768.79 $ 63.86 $ 24,432.70 $ 12,004.06
Dec. 2023 $ 832.65 $ 772.63 $ 60.02 $ 24,492.72 $ 11,231.42
Jan. 2024 $ 832.65 $ 776.50 $ 56.16 $ 24,548.88 $ 10,454.93
Feb. 2024 $ 832.65 $ 780.38 $ 52.27 $ 24,601.15 $ 9,674.55
Mar. 2024 $ 832.65 $ 784.28 $ 48.37 $ 24,649.53 $ 8,890.27
April 2024 $ 832.65 $ 788.20 $ 44.45 $ 24,693.98 $ 8,102.06
May 2024 $ 832.65 $ 792.14 $ 40.51 $ 24,734.49 $ 7,309.92
June 2024 $ 832.65 $ 796.10 $ 36.55 $ 24,771.04 $ 6,513.82
July 2024 $ 832.65 $ 800.08 $ 32.57 $ 24,803.61 $ 5,713.73
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Aug. 2024 $ 832.65 $ 804.09 $ 28.57 $ 24,832.18 $ 4,909.65
Sept. 2024 $ 832.65 $ 808.11 $ 24.55 $ 24,856.72 $ 4,101.54
Oct. 2024 $ 832.65 $ 812.15 $ 20.51 $ 24,877.23 $ 3,289.40
Nov. 2024 $ 832.65 $ 816.21 $ 16.45 $ 24,893.68 $ 2,473.19
Dec. 2024 $ 832.65 $ 820.29 $ 12.37 $ 24,906.04 $ 1,652.90
Jan. 2025 $ 832.65 $ 824.39 $ 8.26 $ 24,914.31 $ 828.51
Feb. 2025 $ 832.65 $ 828.51 $ 4.14 $ 24,918.45 $ 0.00
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SECURITY AGREEMENT
This Security Agreement dated October ___, 2014 by and between the Little Beans
Café Evanston, LLC, an Illinois limited liability company hereinafter referred to
collectively as the "Debtor" for value received, hereby grants to the City of Evanston,
Illinois, an Illinois home rule municipality, with its principal address at 2100 Ridge
Avenue, Evanston, Illinois 60201, hereinafter referred to as the "Secured Party," a
security interest in the collateral listed at 430 Asbury Avenue, Evanston, Illinois in the
attached EXHIBIT A, hereinafter referred to as the “Collateral” and incorporated by
reference.
This security interest is given for the purpose of securing payment of any and all
indebtedness of the Debtor to the Secured Party in connection with the loan made to
the Debtor and evidenced by promissory note dated October 1, 2014, together with all
costs and expenses in connection therewith including but not limited to expenses of
retaking, preserving, repairing, maintaining, preparing for sale, and selling said collateral
as well as reasonable attorney's fees, court costs, and other legal expenses. In the
event that Debtor defaults in the payment of said indebtedness, or becomes insolvent,
or fails to keep said collateral free of all other liens, or if for any reason the secured
party feels insecure, Secured Party has the option of declaring the entire indebtedness
immediately due and payable, and shall have all of the rights and remedies of a secured
party under the Illinois Uniform Commercial Code as the same may be amended from
time to time. The requirement of the reasonable notice of any sale hereunder shall be
met if such notice is mailed, postage prepaid, to the address of the Debtor shown at the
beginning of this agreement at least 5 days before the time of sale or disposition.
Secured Party and Debtor have caused this Agreement to be executed and
delivered as of the date set forth opposite their name.
City of Evanston, Illinois Little Beans Café Evanston, LLC
By:__________________________ By:__________________________
City Manager, Wally Bobkiewicz Manager
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For City Council meeting of September 22, 2014 Item O3
Resolution 70-R-14: forgivable Loan for Little Beans Café and Playground
For Action
To: Honorable Mayor and Members of the City Council
From: Wally Bobkiewicz, City Manager
Johanna Nyden, Economic Development Division Manager
Subject: Resolution 70-R-14 “Authorizing the City Manager to Negotiate and
Execute a Forgivable Loan Agreement with Little Beans Café Evanston,
LLC”
Date: September 18, 2014
Recommended Action:
The Economic Development Committee and staff recommend the approval of
Resolution 70-R-14 “Authorizing the City Manager to Negotiate and Execute a
Forgivable Loan Agreement with Little Beans Café Evanston, LLC”. The forgivable
loan is in the amount of $20,000.
Funding Source:
The Economic Development Fund’s Business Attraction & Expansion Account is the
proposed funding source for the Economic Development Loan (Acct #: 5300.62660).
The Approved Fiscal Year 2014 Budget allocated a total of $500,000 for this account to
fund activities. To date, $249,368.31 has been spent from this account. Another
$140,000 is obligated for a loan for Davis Transportation but has not been spent from
this account yet.
Summary:
Due to the significant costs associated with funding the interior construction of the
property, is seeking financial assistance to complete the project at 430 Asbury and
requires additional funding to purchase equipment and complete interior build-out of the
space. The proposed forgivable loan would forgive over a period of ten years.
Key loan terms include:
• Total loan amount up to $95,000; $20,000 is proposed to be forgivable over ten
years and is subject to compliance with loan terms and conditions.
• In the event Little Beans Cafe closed this location in Evanston within ten years or
opening, the portion of the loan that has not yet been forgiven would be
considered in default and would become due and payable immediately.
Memorandum
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• Commitment to make best efforts to hire qualified Evanston residents for
positions available in the café and the playspace.
• Commitment to offer programs at reduced rate to income-eligible families that
reside in Evanston.
Legislative History:
The Economic Development Committee considered this matter at its regular meeting on
September 17, 2014 and voted unanimously (9-0) to recommend to City Council
approval of a loan to Little Beans Café Evanston.
Attachments:
-Resolution 70-R-14
-Draft of Forgivable Loan Agreement
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9/9/2014
70-R-14
A RESOLUTION
Authorizing the City Manager to Negotiate and Execute a Forgivable
Loan Agreement with Little Beans Café Evanston, LLC
NOW BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
EVANSTON, COOK COUNTY, ILLINOIS, THAT:
SECTION 1: The City Manager is hereby authorized and directed to
negotiate and execute a forgivable loan agreement between the City and Little Beans
Café Evanston, LLC, an Illinois limited liability company, attached hereto as Exhibit A
and incorporated herein by reference (the “Agreement”) for a forgivable loan in the
amount of Twenty Thousand and no/100 Dollars ($20,000.00).
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.
SECTION 3: This Resolution 70-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
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70-R-14
~ 2 ~
EXHIBIT A
Forgivable Loan Agreement
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City of Evanston – Forgivable Loan – Little Beans Cafe P a g e | 1
FORGIVABLE LOAN AGREEMENT AND PROMISORRY NOTE
This Forgivable Loan Agreement and Promissory Note (the “Agreement”), is entered into by and between THE CITY OF EVANSTON, an Illinois municipal
corporation (“Lender”) and LITTLE BEANS CAFÉ EVANSTON, LLC, an Illinois limited liability company (“Borrower”) and effective as of the last date executed on the signature page:
RECITALS
WHEREAS, it has been determined by Lender that an economic development
opportunity exists which warrants funding to Borrower from the City of Evanston Economic
Development fund; and
WHEREAS, the Borrower requested funding to cover costs of renovation efforts to bring
a commercial property located at 430 Asbury Avenue, Evanston, Illinois 60202 (PINs: 11-
25-203-011-0000, 10-25-206-007-0000 and 10-25-206-008-0000) (“Subject Property”)
into compliance with City Code and address certain life safety concerns (installation of
sprinklers and updating electrical panels) and to meet the Borrower’s intended future use
as a café and recreational play area for children (the “Project”); and
WHEREAS, the Lender has authorized an expenditure of up to Twenty Thousand
and no/100 Dollars ($20,000.00) for a forgivable loan to the Borrower to cover a portion of
the expected project budget, under such terms and conditions as may be prescribed by
the Lender below, for purposes of project financial assistance to cover some of the
Project costs and provide a financial incentive to remain an Evanston business; and
WHEREAS, the City Council has approved Borrower for participation in this
Agreement, subject to the terms and conditions of this Agreement,
NOW, THEREFORE, in consideration of the foregoing recitals, which are
incorporated herein by this reference, and the mutual obligations of the parties as herein
expressed, the City and Borrower agree as follows:
AGREEMENT
A. DEFINITIONS
The following terms shall have the following meanings whenever used in this
Agreement, except where the context clearly indicates otherwise. Any ambiguity as to
the intended meaning or scope of the terms set forth below will be resolved solely by
the City through its designated representative.
1. “Borrower” means the company, Little Beans Café Evanston, LLC, applying for
funding for renovations to the Subject Property and determined eligible
participate in this Agreement.
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City of Evanston – Forgivable Loan – Little Beans Cafe P a g e | 2
2. “Completion Date” means the date that the contractor has finished the Project
pursuant to the design and architectural plans approved by City of Evanston
building permit division or his designee, and to the satisfaction of Borrower, as
evidenced by final payment to the contractor from Borrower.
3. “Director” means the City’s Assistant City Manager and Director of
Administrative Services, Martin Lyons, who is responsible for managing and
administering this Agreement on behalf of the City.
4. “Loan” means the total amount of the funds from the Economic Development
fund loaned to Borrower for purposes of funding the Project, which shall not
exceed Twenty Thousand and no/100 Dollars ($20,000.00), the amount
approved by Council by Resolution 70-R-14.
5. “Loan Term” means the forgivable period for the Loan and expiration of the
Parties requirements under this Agreement, which is 10 years in this Agreement.
6. “Last Date of Reimbursement” means the date on which the Lender issues the
last reimbursement payment to Borrower. If the last reimbursement is made by
check, it will be the date shown on the check. If reimbursement is made by
electronic funds transfer, it will be the date the Loan funds electronically
transferred to the Borrower.
7. “Project” means the improvements to be completed on the Property as proposed
by Borrower.
8. “Subject Property” means the real property at 430 Asbury, Evanston Illinois,
which is owned by the Borrower, currently improved with a commercial building.
9. “Total Allowable Expenses” means the total actual costs incurred, and
documented by Borrower and subsequently approved by the Director or his
designee for the costs associated with the performance of the work required to
address the life safety concerns of the building.
10. ”Total Project Expenditure” means the total actual Project costs incurred by
and paid for by Borrower including the costs of construction, materials, and
supplies. The Total Project Expenditure includes both the Total Allowable
Expenses under this Agreement and other remaining costs which are not
reimbursable under this Agreement.
B. LOAN
1. Principal Amount: Subject to the term and conditions of the Agreement, the
Lender hereby agrees to provide Borrower the principal sum of up to Five
Hundred Thousand and no/100 Dollars ($20,000.00) (the “Loan”), to be
amortized and forgivable over a period of ten years (calculated on 365 day
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City of Evanston – Forgivable Loan – Little Beans Cafe P a g e | 3
calendar and commences on the Last Date of Reimbursement (the “Loan
Term”).
2. Interest Rate: Interest will accrue from the Last Date of Reimbursement of the
Loan funds at the rate of 0.0% per annum on the unpaid balance. If a default
occurs and not cured, repayment of principal and interest shall commence
immediately in accordance with the provisions set forth below. The Loan is not
transferable. The Loan (principal and interest) is forgiven annually through use
of the Property for the intended Use.
3. Amortization Schedule for the Loan: The outstanding principal balance of the
Loan is divided by the total number of years (10) in the Loan Term, and the
resulting figure will be the “installment”. The first anniversary date of the Loan
shall be one year after the Last Date of Reimbursement and on said anniversary
date, and every year thereafter, the Loan will be forgiven in accordance with t he
schedule to be attached as Exhibit A (the “Loan Forgiveness Schedule”).
C. CONDITIONS OF FORGIVENESS
The Loan is conditioned on the completion and satisfaction of each part of this
Section C and confirmed by the Director and/or his designee. If Borrower fails to
perform any condition fully set forth herein, it shall be considered an Event of
Default, defined in Section N. The Conditions of Forgiveness are as follows:
1. Project Completion:
a. Borrower must renovate the Subject Property, for the intended use of the
Subject Property in substantial conformance with the plans submitted to the
building permit division of the City of Evanston.
c. Borrower shall provide documentation that bids for the Project were sought
from no less than three contractors, of which one must be an Evanston-based
contractor. If an Evanston based contractor is not available to seek bids
based on the scope and scale of the Project work, this requirement will be
waived upon confirmation from City staff that bid solicitation to Evanston
based businesses was pursued by Borrower.
d. Borrower acknowledges and agrees that it cannot commence construction
work for the Project unless and until the City Council approves the Loan and
this Agreement is executed by both parties.
3. Evanston business:
a. Borrower shall remain an Evanston based business for the entire Term.
Meaning, Borrower cannot remove its operations from the Subject Property
during the Term of this Agreement. In the event that Borrower ceases to
operate as “Little Beans” in Evanston, Illinois during the Loan Term, any
principal and interest not previously forgiven will be repaid in accordance with
terms of this Agreement.
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City of Evanston – Forgivable Loan – Little Beans Cafe P a g e | 4
b. If Little Beans is sold, (except in circumstances of an illness of principal
necessitating retirement) for any reason to any entity other than one
controlled by the current managers of the LLC, or files for bankruptcy
protection, the Borrower shall be in Default and any principal and interest not
previously forgiven will be repaid on the balance remaining from Exhibit A
depending on the date that the business is sold. The remaining balance, not
previously forgiven, shall be paid to the City within thirty (30) days.
c. Borrower will coordinate with the City’s Youth and Young Adult Program
Manager and other workforce development professionals to employ Evanston
residents with skills and abilities to work at the Subject Property either in full-
time or part-time positions.
d. Borrower will develop programs for low income patrons. Low income shall be
as defined by the U.S. Housing and Urban Development guidelines.
D. TERMS OF DISBURSEMENT TO BORROWER
1. Reimbursement Payment Requirements: Disbursement payments shall NOT be
paid out until: (a) City Council has approved the Agreement; (b) the Agreement is
executed; and (c) Project work is complete and Temporary Certificate of
Occupancy is issued to the Borrower by the Building & Inspection Services
Division of the City of Evanston. The Loan is funded through the Economic
Development Fund.
2. The Director or his designee will not issue the full disbursement to the Borrower if
there is any violation of any law, ordinance, code, regulation, or Agreement term.
Lastly, Borrower must be current with all City of Evanston accounts prior to any
reimbursement.
3. The total amount of the Loan will be forgiven in accordance with the schedule
attached as Exhibit A and based on the incremental new sales tax generated
(“Loan Forgiveness Schedule”). At the end of the Loan Term, the Loan will be
deemed forgiven and the balance will be zero.
E. BORROWER’S RESPONSIBILITIES
1. The Borrower shall obtain and submit all required certificates of insurance, as set
forth herein, to the Director or his designee upon execution of this Agreement
and prior to City’s execution.
2. The Borrower shall be responsible for hiring a licensed contractor to complete the
Project. The Director or his designee may require submission of proof of the
State License issued to the selected contractor.
3. The Borrower shall be responsible for contacting the appropriate City departments
to arrange for obtaining all necessary approvals and/or permits required for
construction and completion of the Project.
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City of Evanston – Forgivable Loan – Little Beans Cafe P a g e | 5
4. The Borrower shall be fully responsible for managing, monitoring, and scheduling
the construction of the Project and ensuring its compliance with all applicable
federal, State, and local laws and regulations.
5. The Borrower shall be fully responsible for ensuring that all invoices from the
contractors, suppliers, vendors and/or other third parties are paid and shall only
seek reimbursement after payment has been disbursed by Borrower to the
applicable party.
6. Borrower shall during the Term and for a period of 2 years following the
expiration of the Term, keep and make available for the inspection, examination
and audit by City or City’s authorized employees, agents or representatives, at all
reasonable time, all records respecting the services and expenses incurred by
Borrower, including without limitation, all book, accounts, memoranda, receipts,
ledgers, canceled checks, and any other documents indicating, documenting,
verifying or substantiating the cost and appropriateness of any and all expenses.
If any invoice submitted by Borrower is found to have been overstated, Borrower
shall provide City an immediate refund of the overpayment together with interest
at the highest rate permitted by applicable law, and shall reimburse all of City’s
expenses for and in connection with the audit respecting such invoice.
F. INSURANCE
1. During the entire period in which work on the Project is performed until termination
of the Declaration, the Borrower shall obtain and maintain in full force and effect
during said period the following insurance policies: Comprehensive General
Liability Insurance in a general aggregate amount of not less than $1,000,000,
$1,000,000 Products and Completed Operations Aggregate, and $1,000,000
each occurrence and including.
2. All deductibles on any policy shall be the responsibility of the primary holder of
such policy and shall not be the responsibility of the City of Evanston.
3. Borrower shall provide evidence of required insurance to the Director before
execution of this Agreement. Borrower shall name the City as an additional
insured for the Loan period.
G. OBLIGATION TO REFRAIN FROM DISCRIMINATION
1. Borrower covenants and agrees for itself, its successors and its assigns to the
Property, or any part thereof, that it will not discriminate against any employee or
applicant for employment because of race, color, religion, sex, sexual orientation,
marital status, national origin or ancestry, or age or physical or mental disabilities
that do not impair ability to work, and further that it will examine all job
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City of Evanston – Forgivable Loan – Little Beans Cafe P a g e | 6
classifications to determine if minority persons or women are underutilized and
will take appropriate affirmative action to rectify any such underutilization.
2. That, if it hires additional employees in order to perform this contract, or any
portion hereof, it will determine the availability of minorities and women in the
area(s) from which it may reasonably recruit and it will hire for each job
classification for which employees are hired in such a way that minorities and
women are not underutilized.
3. 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, marital
status, national origin, ancestry, or disability.
H. NO AGENCY CREATED
The Borrower and any contractor, supplier, vendor or any third party hired by Borrower
to complete the Project are not agents or create any employment relationship with the
City of Evanston.
I. INDEMNIFICATION AND HOLD HARMLESS
Borrower shall defend, indemnify and hold harmless City 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 Borrower or Borrower’s subcontractors, employees, agents or
subcontractors during the performance of this Agreement. 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 Agreement.
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. Borrower
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. At the City Corporation Counsel’s option, Borrower must defend all
suits brought upon all such Losses and must pay all costs and expenses incidental to
them, but the City has the right, at its option, to participate, at its own cost, in the
defense of any suit, without relieving Borrower of any of its obligations under this
Agreement. Any settlement of any claim or suit related to activities conducted under this
Project by Borrower must be made only with the prior written consent of the City
Corporation Counsel, if the settlement requires any action on the part of the City. No
member, official, agent, legal counsel or employee of the City shall be personally liable
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to the Borrower, or any successor in interest in the event of any default or breach by the
City or for any amount which may become due to Borrower or successor or on any
obligation under the terms of this Agreement.
J. COMPLIANCE WITH LAW
The Borrower agrees to comply with all the requirements now in force, or which may
hereafter be in force, of all municipal, county, state and federal authorities, pertaining to
the development and use of the Property, construction of the Project, ongoing
operations conducted on the Property, and use of Loan funds. In addition, pursuant to
the Illinois Freedom of Information Act, 5 ILCS 140/7(2), records in the possession of
others whom the City has contracted with to perform a governmental function are
covered by the Act and subject to disclosure within limited statutory timeframes (five (5)
working days with a possible five (5) working day extension). Upon notification from the
City that it has received a Freedom of Information Act request that calls for records
within the Borrower’s control, the Borrower shall promptly provide all requested records
to the City so that the City may comply with the request within the required timeframe.
The City and the Borrower shall cooperate to determine what records are subject to
such a request and whether or not any exemptions to the disclosure of such records, or
part thereof, are applicable. Vendor shall indemnify and defend the City from and
against all claims arising f rom the City’s exceptions to disclosing certain records which
Vendor may designate as proprietary or confidential. Compliance by the City with an
opinion or a directive from the Illinois Public Access Counselor or the Attorney General
under FOIA, or with a decision or order of Court with jurisdiction over the City, shall not
be a violation of this Section.
L. DEFAULT; REMEDIES; DISPUTE RESOLUTION
1. Notice of Default: In the event of failure by either party hereto substantially to
perform any material term or provision of this Agreement, including but not
limited to conditions contained in Sections C and D, the non-defaulting party shall
have those rights and remedies provided herein, provided that such non-
defaulting party has first provided to the defaulting party a written notice of
default in the manner required by Section N hereof identifying with specificity the
nature of the alleged default and the manner in which said default may be
satisfactorily be cured.
2. Cure of Default: Upon the receipt of the notice of default, the alleged defaulting
party shall promptly commence to cure, correct, or remedy such default within a
15-day period, and shall continuously and diligently prosecute such cure,
correction or remedy to completion.
3. City Remedies not Exclusive; Repayment of Pro Rata Share of Loan: If an Event
of Default occurs, which Borrower has not cured within the timeframe set forth in
subparagraph 2 above, the City, at its option, may terminate this Agreement
and/or may institute legal action in law or in equity to cure, correct, or remedy
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City of Evanston – Forgivable Loan – Little Beans Cafe P a g e | 8
such default, enjoin any threatened or attempted violation, or enforce the terms
of this Agreement. In the event of a Default by Borrower that occurs after the City
has disbursed in whole or in part the Loan funds, the “Pro Rata Repayment
Amount” and interest, at the rate of LIBOR + 1% per annum shall be due and
payable within 30 days of Default. The amount due and owing following an
Event of Default, which is not cured by Borrower, shall be calculated according to
the Date of Default and the amount outstanding from the Loan Forgiveness
Schedule, outlined in Exhibit A All payments shall be first credited to accrued
interest, next to attorney’s fees and costs which may be owing from time to time,
and then to principal. Payments shall be made to City at the address set forth in
Section M herein or at such other address as City may direct pursuant to notice
delivered to Borrower in accordance with Section M.
4. Borrower’s Exclusive Remedies: The parties acknowledge that the City would not
have entered into this Agreement if it were to be liable in damages under, or with
respect to, this Agreement or any of the matters referred to herein, including the
Project, except as provided in this Section. Accordingly, Borrower shall not be
entitled to damages or monetary relief for any breach of this Agreement by the
City or arising out of or connected with any dispute, controversy, or issue
between Borrower and the City regarding this Agreement or any of the matter s
referred to herein, the parties agreeing that declaratory and injunctive relief and
specific performance shall be Borrower’s sole and exclusive judicial remedies.
M. TERMINATION
If Borrower shall fail to cure any Event of Default upon notice and within the time for
cure provided for in XVII below, the City may, by written notice to the Borrower,
terminate this Agreement. Such termination shall trigger the “Repayment of Pro Rata
Share of Reimbursement defined in XVII. Borrower may not terminate this Agreement
without the express written consent of City.
N. NOTICES
All notices permitted or required hereunder must be in writing and shall be effected by
(i) personal delivery, (ii) first class mail, registered or certified, postage fully prepaid, or
(iii) reputable same-day or overnight delivery service that provides a receipt showing
date and time of delivery, addressed to the following parties, or to such other address
as any party may, from time to time, designate in writing in the manner as provide d
herein:
If to the Lender: City of Evanston
Attn: Wally Bobkiewicz, City Manager
2100 Ridge Avenue
Evanston, IL 60201
With a copy to: City of Evanston
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City of Evanston – Forgivable Loan – Little Beans Cafe P a g e | 9
Attn: W. Grant Farrar, Corporation Counsel
2100 Ridge Avenue
Evanston, IL 60201
If to the Borrower: Little Beans Café Evanston, LLC
Attn: Troy Sphar
330 N. Wabash Street, Suite 3300
Chicago, IL 60611
Any written notice, demand or communication shall be deemed received immediately if
personally delivered or delivered by delivery service to the addresses above, and shall
be deemed received on the third day from the date it is postmarked if delivered by
registered or certified mail.
O. APPLICABLE LAW
The internal laws of the State of Illinois without regard to principles of conflicts of law
shall govern the interpretation and enforcement of this Agreement.
P. ATTORNEY’S FEES
In the event that the City commences any action, suit, or other proceeding to remedy,
prevent, or obtain relief from a breach of this Agreement by Borrower, or arising out of a
breach of this Agreement by Borrower, the City shall recover from the Borrower as part
of the judgment against Borrower, its attorneys’ fees and costs incurred in each and
every such action, suit, or other proceeding.
Q. SURVIVAL OF TERMS, BINDING UPON SUCCESSORS
The covenants, terms, conditions, representations, warranties, Agreements and
undertakings set forth in this Agreement (and specifically including, without limitation,
those covenants, terms, conditions, representations, warranties, Agreements and
undertakings which survive the termination of this Agreement) shall be binding upon
and inure to the benefit of the Parties hereto and their respective successors, assigns
and legal representatives.
R. CONFLICT OF INTEREST
1. No member, official, or employee of the City shall have any personal interest,
direct or indirect, in this Agreement, nor shall any such member, official, or
employee participate in any decision relating to the Agreement which affects his
personal interests or the interests of any corporation, partnership, or association
in which he/she is, directly or indirectly, interested.
2. The Borrower warrants that it has not paid or given, and will not pay or give, any
third person any money or other consideration for obtaining this Agreement.
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S. BINDING EFFECT
This Agreement, and the terms, provisions, promises, covenants and conditions hereof,
shall be binding upon and shall inure to the benefit of the parties hereto and their
respective heirs, legal representatives, successors and assigns.
T. AUTHORITY TO SIGN
The Borrower’s signatory hereby represents that he/she executes this Agreement on
behalf of Borrower and has the full authority to do so and to bind Borrower to perform
pursuant to the terms and conditions of this Agreement.
U. COUNTERPARTS
This Agreement may be executed by each party on a separate signature page, and
when the executed signature pages are combined, shall constitute one single
instrument.
V. ENTIRE AGREEMENT AND SEVERABILITY
1. This Agreement and the Exhibits and references incorporated into this Agreement
express all understandings of the parties concerning the matters covered in this
Agreement. This Agreement integrates all of the terms and conditions mentioned
herein or incidental hereto, and supersedes all negotiations or previous
agreements between the parties with respect to all or any part of the subject
matter hereof. The Agreement may be amended from time to time with the
written consent of the Parties hereto.
2. If any provision, condition, covenant or other clause, sentence or phrase of this
Agreement is held invalid by a court of competent jurisdiction, such provision
shall be deemed to be excised and the invalidity thereof shall not affect any other
provision, condition, covenant or other clause, sentence or phrase contained
herein. Notwithstanding the foregoing, if any such invalid provision goes to the
essence of this Agreement so that the purposes of the Agreement cannot be
fulfilled, then this Agreement shall terminate as of the date of such judgment.
W. NO WAIVER
No failure of either the City or the Borrower to insist upon the strict performance by the
other of any covenant, term or condition of this Agreement, nor any failure to exercise
any right or remedy consequent upon a breach of any covenant, term, or condition of
this Agreement, shall constitute a waiver of any such breach or of such covenant, term
or condition. No waiver of any breach shall affect or alter this Agreement, and each and
every covenant, condition, and term hereof shall continue in full force and effect.
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X. FORCE MAJEURE
Performance by any party hereunder shall not be deemed to be in default where delays
or defaults are due to war, insurrection, strikes, lockouts, riots, floods, earthquakes,
fires, casualties, acts of God, acts of the public enemy, restrictive governmental laws
and regulations, epidemics, quarantine restrictions, freight embargoes, lack of
transportation or labor and material shortages. An extension of time for any such cause
shall be for the period of the delay, which period shall commence to run from the time of
the commencement of the cause, provided that written notice by the party claiming such
extension is sent to the other party not more than thirty (30) days after the
commencement of the cause or not more than thirty (30) days after the party claiming
such extension could have first reasonably recognized the commencement of the
cause, whichever is later.
[REMAINDER OF PAGE LEFT INTENTIONALLY BLANK]
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IN WITNESS WHEREOF, the City, and the Borrower have signed this Agreement as of
the latest date set forth below (the “Effective Date”).
THE CITY OF EVANSTON,
an Illinois home rule municipal corporation
By: _________________________________
Its: City Manager, Wally Bobkiewicz
Dated: ____________________
LITTLE BEANS CAFÉ EVANSTON, LLC
An Illinois limited liability company
By: _________________________________
Its: managing member
Dated: _______________________________
Print Name: ___________________________
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City of Evanston – Forgivable Loan – Little Beans Cafe P a g e | 13
EXHIBIT A
LOAN FORGIVENESS SCHEDULE
Year completed Amount Forgiven
February 1, 2015 20,000
February 1, 2016 18,000
February 1, 2017 16,000
February 1, 2018 14,000
February 1, 2019 12,000
February 1, 2020 10,000
February 1, 2021 8,000
February 1, 2022 6,000
February 1, 2023 4,000
February 1, 2024 2,000
January 31, 2025 0
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September 12th, 2014
City of Evanston
Dept. Economic Development
2100 Ridge Ave
Evanston, IL 60201
Dept. Economic Development,
Little Beans Café is a family café and imaginative indoor kids playground located in
Chicago, IL and expanding into the Evanston, IL market. Little Beans was founded for
the purpose of creating a unique space for parents, caregivers and kids to eat, drink, relax
and play. We will offer open play, classes, events, special activities, camps, birthday
parties and more. Kids enjoy playing with their peers in our fun, engaging and safe
imaginative playspace while parents and caregivers enjoy free time with quality specialty
coffee drinks and food. We feel Evanston is the perfect next step for our expansion.
Evanston has a large base of young families, high education levels, a strong community,
and impressive demographics. 430 Asbury in particular was attractive as it is a clean
canvas for building our dream facility. The building has great potential to further enhance
the growing 8th and 9th wards, already provides ample parking, and is able to pull from
numerous Evanston neighborhoods along with bordering communities.
We first stepped foot into 430 Asbury February 2014 and it took nearly 7 months to
finalize a sub-lease. Working with CVS was a time consuming experience and getting the
lease extension approved by the building owner has been an additional time consuming
process.
Financing is being provided by a combination of an SBA loan for $635,000, CVS tenant
improvement, a small allowance from the building owner, and a personal investment of
$150,000. We are requesting additional city assistance to close the budget gap of
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approximately $125,000. We are required to do extensive updates to bring the building to
code. By changing this space from retail to assembly (indoor recreation), we have had to
adhere to multiple code requirements that are driving the cost of construction up for
lighting efficiency, HVAC mechanical, life safety, and plumbing requirements. In
addition we will be investing in top quality play structures for local families to enjoy
throughout Little Beans and Big Beans play rooms. Add to that a dynamic and inviting
city-scape interior environment, community style drop in gym facility for a large range of
ages, and an intimate room dedicated for older kids to study in a quiet and safe
environment while their younger siblings can play and interact in the Little Beans
playspace. Obviously front and center to all of these activities is our café that with offer
healthy food items, fresh pastries, gourmet coffee, and ice cream.
If we receive city funding in the form of a term loan in combination with a forgivable
façade improvement grant we will be able to add 20+ jobs to the Evanston community.
Obviously we cannot guarantee that all of these will be filled by Evanston residents,
however we will always give priority to Evanston residents and provide opportunities for
part time work to local high school and college students. Additionally we will work to
create program initiatives to help bring low income families into our space so that every
Evanston community member is able to enjoy our state of the art facility. Lastly, we will
be providing discount cards to all Evanston Public School teachers for the drive-thru.
Community educators can get a quality cup of coffee on the way to work at a reasonable
cost.
On behalf of myself and co-owner Shannon Valko, we appreciate the opportunity to be in
Evanston and work with you on this exciting next chapter for Little Beans Café.
Sincerely,
Robert H Spengler
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LBC Evanston
Notes:
General Space
Furniture and Fixtures (café tables)$15,000.00 35 tables, 90 chairs, 2-3 couches, 5 bean bags, 8 benches, reception desk
POS, Computers, Ect $7,000.00 POS and 4 basic computers
Signage (Interior)$0.00 3 exterior signs and outpost signs -Manage with Evanston
Training $1,500.00 Printing, food and time for training
Legal and Accounting $2,500.00 Lawyer for lease
Phone systems $1,000.00 Basic phones and bday party cell
HR $3,000.00 Hiring and employee manuals and processes
Menu board $0.00 Reclaimed wood around magnetic board - Manage with Evanston
TV's $1,000.00 2 TV's. One behind counter and one in cafe
Decorations/Design $2,500.00 Cool accents like Play, Gym, Cafe signs and pictures
Signage (Interior)$2,000.00 3 bathroom signs, LB, BB, Gym, party, class- (wood and nice) plus rules and reg
Wall Pads $1,600.00 2 walls
Tables (not wall mounted but ready to be)$5,500.00 4 tables (2 rooms)
Total General Space $42,600.00
Café
Drive Thru menu/intercom/camera/sensor $6,000.00 New Based on 2 headsets, fully installed unit
R- True TUC- 48" Undercounter (1 door)$1,200.00 Can get used
R- True TSSU 72" salad/sandwich prep $3,600.00 Can get used- TSSU-72-30M-B-ST
R/F- Everest ESRF3 (twin R single F) 75"$4,100.00 Can get used
Display case $7,500.00 New - structural concepts
Ice Maker $2,000.00 New - CU1526MA_1A
Microwaves (2)$400.00 New - panasonic
Toaster $100.00 New
Impinger oven or panini's $700.00 New- double panini
MerryChef Oven $9,500.00 New
Blenders (2)$800.00 New
Dish sanitizer $3,500.00 Can get used
3 Comp sink, Hand washing and blender wash $1,000.00 Can get used
Coffee Grinder $0.00 All coffee equip provided by Chicagoland Beverage on coffee supplies lease term
Plates and platters and utinsels $2,500 Coffee supplies, pastry platters, baskets, knifes, plates, etc
Sheves and storage racks $2,500 Kitchen and storage
Other (sinks, etc..)$5,000
Café Total $50,400 *Other items desired pending budget availability: Frozen Yogurt Machine ($9,000)
Play
LBC playhouses $42,000 1 larger house/structure, 3 other houses, 1 climb on, crawler fence
Big Beans Play structure $55,000 Obsticle course
LBC toys and playspace props $5,000 Cars, costumes, toys, groceries, dolls, doll houses, props, other fun stuff
Laser Room $0 Make happen at a later date
Big Beans Supplies $2,000 Balls, cars, sling shots, etc.
Arcade games $3,000 Ping pong, air hockey, 1-2 other games
LBC Rec room $2,000 Crawler padding and activities (*imagination playground on hold)
Karoke Room and props $5,000 Karaoke machine, video camera technology, picture, green screen
Library tables, bookshelves, etc $2,000 Tables and chairs, book shelves, books and games
Bounce House for party add-ons $1,500 Bounce house for parties
Play Total $117,500 *Other items desired with budget availabilty: Laser Maze ($25,000), Interactive floor video
Marketing and launch
Grand opening launch parties $2,000 2 Moms Media
Grand opening advertising $5,000 2 Moms media and ad buys online and print
Website edits and new home page $6,500 Website revamp
Shirts and Flyer printing $2,500 Promo cards, shirts and water bottles
Marketing and launch total $16,000
Architect and Mechanical Drawings $45,905 Based on 6% of contractor budget and mechanical drawings
Sub Total $272,405.00
Plus Contingency - 3%$8,172.15
Total Budget:$280,577.15
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For City Council meeting of September 22, 2014 Item O4
Resolution 68-R-14: 835 Chicago Avenue
For Action
To: Honorable Mayor and Members of the City Council
From: Wally Bobkiewicz, City Manager
Johanna Nyden, Economic Development Manager
Paul Zalmezak, Senior Economic Development Coordinator
Subject: Resolution 68-R-14 “Authorizing the City Manager to Negotiate a TIF
Grant Agreement with O’Donnell Investment Company for the
Development of a Vacant Property Located at 835 Chicago Avenue”
Date: September 18, 2014
Recommended Action:
Staff and the Economic Development Committee recommend approval of Approval of
Resolution 68-R-14 “Authorizing the City Manager to Negotiate a TIF Grant Agreement
with O’Donnell Investment Company for the Development of a Vacant Property Located
at 835 Chicago Avenue”. Staff and the Economic Development Committee recommend
an amount not to exceed $2,900,000 for eligible expenses.
Funding Source:
Funding is to be provided by the Chicago/Main Tax Increment Financing District. The
TIF was established in 2013 and currently has not accumulated sufficient fund balance
to fund this request. Project funding is contemplated to occur over the course of the
construction of the project. A portion of project funding may be paid through fund
balance, if funds are available in early 2015. Any remaining funding for this request
would be provided through short term borrowing that may be converted to a longer term
note at a later date. The debt service for repayment of funds borrowed would be
provided by the incremental property taxes from this property after it is fully assessed.
O’Donnell Investment Company (“the Developer”) has requested $2,980,000 million in
financial assistance through the Chicago/Main Tax Increment Financing (TIF) District.
Summary of this request is attached to this memorandum. Specifically, the developer is
seeking financial assistance to support the development of an office component to be
housed on the second floor of the mixed-use building. The 13,400 square foot office
space could accommodate a range of 45 to 90 workers daily. The building is able to
accommodate the office component within the mixed-use retail/residential development
because the developer is willing and able to provide underground parking at the
property (rather than locate parking above the retail).
Memorandum
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The developer presented the request for TIF assistance to the Mayoral-appointed
Chicago/Main TIF Committee, (tasked with reviewing all proposed TIF expenditures for
the Chicago/Main TIF District) on August 21, 2014. The Committee continued the
discussion to a meeting on August 28, 2014, at which time a motion was adopted to
recommend the funding of the project in an amount not to exceed $2,900,000 by a vote
of 4-2. The approved meeting minutes of August 21, 2014 and the unapproved meeting
minutes of August 28, 2014 are attached to this memorandum as reference for the
discussions at the Chicago/Main TIF Committee.
Funding Request
The developer is seeking TIF Assistance totaling $2,980,000 million to cover the
financial gap associated with the construction and operation of 13,400 square feet of
office space. Office development was requested by staff as a means to increase the
demand for retail sales and create jobs in the Chicago/Main business district.
The total cost of the proposed mixed use development is $45,800,000. The total
eligible expenses for the project, as defined by the Illinois TIF statute, are approximately
$5,600,000. Staff estimates the total cost of the office development is $4,100,000
($4,600,000 if costs of the surface parking lot are included). However, the developer is
seeking $2,980,000 million in TIF assistance (staff recommends $2,900,000). This is
done to provide public benefits to the neighborhood of increased day-time traffic and
balance the developer’s need for an economic return on the project. This request
represents a total of 6.3% of the total project cost.
Staff has encouraged the inclusion of the office component within this project because
13,400 square feet of office space will generate more incremental property taxes than
13,400 square feet of parking garage space, it will provide an active use on the second
level of a key property in a commercial district, and it will bring new day-time population
to the business district to help drive retail sales. Staff is not recommending TIF for the
residential or retail components of the project and the developer has agreed to seek
assistance only for the eligible expenses associated with the office development.
The developer is seeking assistance because the income obtained by renting this office
space is less than the value derived from constructing new office space in this building.
Staff estimated the financial gap created by the office utilizing both a value and an
income approach summarized in the table on the following page.
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Value Approach
Comparable - 909 Davis Street – Total Square Feet 207,743
909 Davis Recent Sale Price (Sept 2011) $35,100,000
Price/Square Foot $169
Chicago/Main – Total Square Feet 13,427
Chicago/Main Value based on Comparable Price/Sq Ft $2,268,609
Chicago Main Office Development Costs $5,128,000
Financial Gap -$2,859,391
Income Approach
Gross Market Rent/Square Foot $28
Chicago/Main – Total Square Feet 13,427
Potential Gross Income (Annual) $375,956
Vacancy assumption 10%
Income (net of vacancy) $338,360
Taxes and Operating Expense / Sq Ft $13
Income minus Taxes and Operating Expenses $163,809
Cap Rate (based on 909 Davis Comparable) 10%
Value $1,638,094
Chicago Main Office Development Costs $5,128,000
Gap -$3,489,906
Based on projections of incremental property tax, the total amount of property taxes
generated at the development over the life of the TIF that is inclusive of the office use
ranges between $15,800,000 and $16,400,000 (undiscounted). The total amount of
property taxes generated at the development that excludes office use and is replaced
by garage parking is estimated to be $13,400,000. The difference in property taxes
based on the two uses range between $2,413,000 and $2,986,000, or approximately
$500,000.
In the event funding is unable to be obtained for this project component, the developer
will not include office in this development and will redesign the project and replace the
office portion with parking. Therefore, but for the financial assistance from the TIF, the
office portion of this project would not be included in the overall development.
Furthermore, it is noteworthy to highlight that there would be no new gain in parking
spaces if this option were exercised; underground parking will be omitted entirely from
the redesigned alternative development.
Impact of Office Workers in the Surrounding Business District
The size of the office space at 835 Chicago Avenue is approximately 13,400 square
feet. Based on a variety of industry sources the average space for office workers is
between 150 to 300 square feet. This would result in between 45 and 90 workers
coming to this property on a daily basis.
According to a report, “Office-Worker Retail Spending in a Digital Age” published by the
International Council of Shopping Centers, an internationally-based professional
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association for retailers, the average weekly amount spent on all goods and services by
office workers near one’s office building is $102. The report detailing this information is
attached to this memorandum. The table below summarizes potential spending
potential of these office workers at 835 Chicago Avenue.
Total Workers
Weekly
Expenditures
Annual
Expenditures
Annual Sales
Tax Generated
(2%)
Total
Expenditures
Life of TIF*
Sales Tax
Generated
Life of TIF*
(Low) 45 Office
Workers
$4,590 $238,680 $4,770 $5,012,280 $100,200
(High) 90 Office
Workers
$9,180 $477,360 $9,547 $ 10,979,300 $200,487
* assume 21 years remaining after development complete
Proposed Loan Terms
Staff recommends utilization of a forgivable loan funding format for this project. The
following are proposed terms and conditions of the TIF funding agreement (draft
agreement is attached to this memorandum):
1) The loan would be forgivable over a period of 10 years (or a period of time
correlated to the City’s issuance of debt necessary to fund this project);
2) In the event that the building was sold for a profit greater than the acceptable
return for the investment of this project (prior to the loan being completely
forgiven), a portion of the City’s investment in the office would be repaid based
on portion of loan forgiven;
3) City would issue payments to O’Donnell Investments following the completion of
certain project milestones to be identified following the creation of a construction
management plan for the project;
4) Property owner would be permitted to appeal property taxes; in the event that the
property taxes are appealed to a level that will result in an incremental property
tax amount that would result in an inability to make debt service payments for the
debt issued to fund this portion of the project, the developer would be required to
make debt service payments;
5) The property owner would agree to not lease property to tax-exempt uses for the
life of the TIF district (until end of 2036); and
6) Forgivable loan would be recorded against the deed.
Background:
The Chicago/Main Tax Increment Financing (TIF) District was established in early 2013
and is inclusive of most commercial properties located around the Main Street Metra
and CTA stations. The TIF district will expire in 2036, with final collection of incremental
property taxes in 2037. The TIF was established to address aging infrastructure,
commercial revitalization, and enhanced transit-adjacent amenities. This project is the
first funding request from the Chicago/Main TIF District.
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The developer has worked diligently for more than four years to construct a high-quality
office building in this neighborhood. Unfortunately, the state of the financial and lending
markets as well as the inability to identify a credit-worthy tenant that could launch the
building resulted in the in ability to build an office building. As a result, the developer
reformulated the plan and developed a mixed-use retail, residential, and office building.
The Planned Development Ordinance for this mixed-use development was adopted on
July 28, 2014. If funding is approved the developer anticipates the start of construction
to occur in the first quarter 2015 with completion in the third or fourth quarter of 2016.
Legislative History:
The Economic Development Committee considered this matter at its September 17,
2014 meeting. The Committee voted 7-2 to recommend TIF funding in support of this
project to City Council.
The Chicago/Main TIF Committee, the Mayoral-appointed committee tasked with
reviewing expenditures from this TIF district, considered this matter at its August 21,
2014 and August 28, 2014 meetings. The Committee voted 4-2 to recommend TIF
Funding in support of this project on August 28, 2014.
Attachments:
Resolution 68-R-14
The Request for Funding and following documents from the September 17, 2014,
Economic Development Committee meeting are available here beginning on page 12.
http://www.cityofevanston.org/assets/PACKET%20bk.pdf
Request for Funding
Incremental Property Tax Projections
Minutes from August 21, 2014 (Approved) and August 28, 2014 (Unapproved)
Chicago/Main TIF Committees.
Office-Worker Retail Spending in a Digital Age
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68-R-14
A RESOLUTION
Authorizing the City Manager to Negotiate a TIF Grant Agreement
with O’Donnell Investment Company for the Development of a Vacant
Property located at 835 Chicago Avenue
WHEREAS, the City of Evanston, Cook County, Illinois (the “City”), is a
home-rule municipality pursuant to Article VII of the Illinois Constitution of 1970; and
WHEREAS, the City previously established the Chicago and Main TIF
District No. 8 Redevelopment Project Area (the “Redevelopment Project Area”), and
authorized tax increment finance pursuant to the Tax Increment Allocation
Redevelopment Act, 65 ILCS 5/11-74.4-1 et seq., as supplemented and amended,
including the predecessor Act thereof (the “TIF Act”); and
WHEREAS, the City seeks to develop vacant parcels with structures
seeking office use in order to attract new businesses and organizations into the
Redevelopment Project Area with TIF Funds; and
WHEREAS, the O’Donnell Investment Company, an Illinois corporation
(“O’Donnell”), is the developer of a vacant parcel of land at 835 Chicago Avenue (the
“Subject Property”), legally described in Exhibit A and incorporated herein by
reference; and
WHEREAS, on July 28, 2014, the City Council adopted Ordinance 32-O-
14 which granted a special use permit to allow construction and operation of a
planned development at the Subject Property, which will consist of a new nine-story
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ninety-seven foot tall mixed use commercial, office and residential building consisting
of 15,670 gross square feet of office space; and
WHEREAS, the City seeks to support the development of the office use
portion of the project with TIF funds,
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 TIF Grant agreement (“Agreement”) between the City and O’Donnell
Investment Company, attached hereto as Exhibit “1” and incorporated herein by
reference is the Agreement.
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.
SECTION 3: This Resolution 68-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
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EXHIBIT 1
TIF GRANT AGREEMENT
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TIF FORGIVABLE CONSTRUCTION LOAN AGREEMENT
This TIF Forgivable Construction Loan Agreement (the “Agreement”), is entered
into by and between THE CITY OF EVANSTON, an Illinois municipal corporation (“Lender”)
and O’DONNELL INVESTMENT COMPANY, an Illinois corporation (“Borrower”) and
effective as of the last date executed on the signature page:
RECITALS
WHEREAS, it has been determined by Lender that an economic development and
unique opportunity exists which warrants funding to Borrower from the Chicago-Main Tax
Increment Financing District No. 8 (“Chicago-Main TIF”); and
WHEREAS, the Borrower requested funding to cover costs of development costs for the
commercial property located at 835-849 Chicago Avenue and 516-534 Main Street, Evanston, IL
60202 (“Subject Property”) in order to meet the Borrower’s future operation of a planned
development at the Subject Property, which will consist of a new nine-story ninety-seven foot
tall mixed use commercial, office and residential building consisting of 15,670 gross square
feet of office space; and
WHEREAS, the City seeks to support the development of the office use portion of the
project with TIF funds, and
WHEREAS, the Lender has authorized an expenditure of up to Two Million Nine Hundred
Thousand and no/100 Dollars ($2,900,000.00) for a forgivable loan to the Borrower to cover a
portion of the expected project budget, under such terms and conditions as may be prescribed by
the Lender below, for purposes of project financial assistance to cover some of the Project costs
and provide a financial incentive to remain an Evanston business; and
WHEREAS, the City Council has approved Borrower for participation in this Agreement,
subject to the terms and conditions of the TIF Guidelines and this Agreement,
NOW, THEREFORE, in consideration of the foregoing recitals, which are incorporated
herein by this reference, and the mutual obligations of the parties as herein expressed, the City
and Borrower agree as follows:
AGREEMENT
A. DEFINITIONS
The following terms shall have the following meanings whenever used in this
Agreement, except where the context clearly indicates otherwise. Any ambiguity as to the
intended meaning or scope of the terms set forth below will be resolved solely by the City
through its designated representative.
1. “Borrower” means the company, O’Donnell Investment Company applying for funding
for renovations to the Subject Property and determined eligible participate in this
Agreement.
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2. “Completion Date” means the date that the contractor has finished the Project pursuant
to the design and architectural plans approved by City Council, the City Manager, or his
designee, and to the satisfaction of Borrower, as evidenced by final payment to the
contractor from Borrower and Final Certificate of Occupancy is issued to the Borrower
by the Building & Inspection Services Division.
3. “Director” means the City’s Assistant City Manager and Director of Administrative
Services, Martin Lyons, who is responsible for managing and administering this
Agreement on behalf of the City.
4. “Loan” means the total amount of the funds from the Chicago-Main TIF loaned to
Borrower for purposes of funding TIF Eligible Expenses for the Project, which shall not
exceed Two Million Nine Hundred Thousand and no/100 Dollars ($2,900,000.00), the
amount approved by City Council Resolution 68-R-14.
5. “Loan Term” means how long the Loan exists and expiration of the Parties requirements
under this Agreement, which is ten (10) years in this Agreement.
6. “Last Date of Reimbursement” means the date that the Lender issues the last
reimbursement payment to Borrower. If the last reimbursement is made by check, it will
be the date shown on the check. If reimbursement is made by electronic funds transfer, it
will be the date the Loan funds electronically transferred to the Borrower.
7. “Project” means the improvements to be completed on the Property as proposed by
Borrower.
8. “Subject Property” means the real property at 835-849 Chicago Avenue and 516-534
Main Street, Evanston, IL 60202 which is owned by the Borrower, currently a vacant
parcel described herein. The Property is located within the City of Evanston and is legally
described on Exhibit “A”, which is attached hereto and incorporated herein by reference.
9. “TIF Guidelines” means the regulations found in the Illinois Tax Increment Allocation
Redevelopment Act, 65 ILCS 5/11-74.4 et seq. All terms not defined herein shall have
the meanings ascribed thereto in the TIF Guidelines.
10. “TIF Eligible Expenses” means Project expenses determined to be eligible for
reimbursement from TIF funds by the Illinois Tax Increment Allocation Redevelopment
Act, 65 ILCS 5/11-74.4 et seq.
11. “Total Allowable Expenses” means the total actual costs incurred, and documented by
Borrower and subsequently approved by the Director or his designee for the costs
associated with the performance of the work required by the plans and specifications
and/or architectural/design renderings for the Project. Such allowable expenses must be
TIF eligible activities.
12. ”Total Project Expenditure” means the total actual Project costs incurred by and paid
for by Borrower including the costs of construction, materials, and supplies. The Total
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Project Expenditure includes both the Total Allowable Expenses under TIF and other
remaining costs which are not reimbursable under this Agreement.
B. LOAN
1. Principal Amount: Subject to the term and conditions of the Agreement, the Lender
hereby agrees to provide Borrower the principal sum of up to Two Million Nine Hundred
Thousand and no/100 Dollars ($2,900,000.00) (the “Loan”), to be amortized and
forgivable over a period of ten years (one hundred twenty (120) months) calculated on
365 day calendar and commences on the Last Date of Reimbursement (the “Loan
Term”). The Loan Term and reimbursement obligations shall not commence until the
City’s issuance of debt necessary to fund this project has commenced.
2. Interest Rate: Interest will accrue from the Last Date of Reimbursement of the Loan
funds at the rate of LIBOR per annum on the unpaid balance. If a default occurs and not
cured, repayment of principal and interest shall commence immediately in accordance
with the provisions set forth below. The Loan is not transferable. The interest rate will be
calculated on the Last Date of Reimbursement and when the Loan Forgiveness Schedule
is ratified. For illustrative purposes in the Loan Forgiveness Schedule, the LIBOR rate is
set at 3.00%.
3. Amortization Schedule for the Loan: The outstanding principal balance of the Loan is
divided by the total number of years (10) in the Loan Term, and the resulting figure will
be the “installment”. The first anniversary date of the Loan shall be one year after the
Last Date of Reimbursement and on said anniversary date, and every year thereafter, the
Loan will be forgiven in accordance with the schedule to be attached as Exhibit B (the
“Loan Forgiveness Schedule”). The forgiveness schedule is for illustration purposes
and not the final Loan Forgiveness Schedule, which will be formed after the Last Date of
the Reimbursement.
4. Collateral: To secure the Loan, the Borrower will ensure that a guaranty for the full Loan
value for the Loan Term is issued (the “Guaranty”), which is attached as Exhibit C and
incorporated herein as if fully restated.
C. CONDITIONS OF FORGIVENESS
The Loan is conditioned on the completion and satisfaction of each part of this Section C and
confirmed by the Director and/or his designee. If Borrower fails to perform any condition
fully set forth herein, it shall be considered an Event of Default, defined in Section N. The
Conditions of Forgiveness are as follows:
1. Project Completion:
a. Borrower shall develop the Subject Property in conformance with the special use
permit authorized by Ordinance 32-O-14 for the construction and operation of a
planned development at the Subject Property, which will consist of a new nine-story
ninety-seven foot tall mixed use commercial, office and residential building
consisting of 15,670 gross square feet of office space. Borrower acknowledges that
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the TIF Funds are conditioned on Borrower developing and retaining approximately
15,670 square feet of office space at the Subject Property.
b. Borrower shall provide documentation that bids for the Project were sought from no
less than three contractors, of which one must be an Evanston-based contractor. If an
Evanston based contractor is not available to seek bids based on the scope and scale
of the Project work, this requirement will be waived upon confirmation from City
staff that bid solicitation to Evanston based businesses was pursued by Borrower.
2. Recording Memorandum of TIF Forgivable Loan Agreement: Developer shall receive
authority from the owner, Main & Chicago Evanston JV, LLC, a Delaware limited liability
company permitting the recording of a memorandum summarizing this Agreement against
the Subject Property (“Memorandum of TIF Forgivable Loan Agreement”), which is
attached as Exhibit D.
3. Sale to a Third Party: If the Building is sold for a profit greater than the acceptable return
for the investment of this project, the Borrower shall be in Default and any principal and
interest not previously forgiven will be repaid in accordance with Section D (6) and L.
4. Taxable Uses Only: Borrower warrants that it will not lease or otherwise allow any non-
tax generating uses to occupy the commercial portions of the Subject Property until the
Chicago-Main TIF expires.
D. TERMS OF REIMBURSEMENT
1. Reimbursement Payment Requirements: Reimbursement payments shall NOT be paid
out until: (a) City Council has approved the Agreement; (b) the Agreement is executed;
(c) Project work has commenced; and (d) the City’s issuance of debt necessary to fund
the project has occurred. The Loan is funded through the Chicago-Main TIF District.
2. Borrower hereby agrees to comply with all terms and conditions of this Agreement and
only seek reimbursement of acceptable TIF Eligible Expenses.
5. Borrower may not seek reimbursement in a frequency greater than the following
schedule:
[PROJECT MILESTONES TO BE IDENTIFIED FOLLOWING THE CREATION OF
A CONSTRUCTION MANAGEMENT PLAN]
6. Reimbursement requests to the Director or his designee shall contain the following:
a. Cover letter indicating the total cost of TIF Eligible Expenses that it is seeking
reimbursement and general overview of the Project progress to date;
b. All contractor invoices detailing the specific tasks completed in accordance with
approved Project;
c. Proof of payment of all invoices for all expenditures for the Project covered by this
Loan; and
d. Unconditional partial lien releases.
4. Such reimbursement requests shall include proof of payment to all contractors, suppliers,
and vendors. Borrower is responsible for all payments to the contractors, materials
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suppliers, and vendors, and for providing true and correct copies of unconditional lien
releases to the City.
5. The Director or his designee will not issue any Reimbursement to the Borrower if there is
any violation of any law, ordinance, code, regulation, or Agreement term. Lastly,
Borrower must be current with all City of Evanston accounts prior to any reimbursement.
6. The total amount of the Loan will be forgiven in accordance with the schedule attached as
Exhibit B (“Loan Forgiveness Schedule”). At the end of the Loan Term, the Loan will
be deemed forgiven and the balance will be zero and the Guaranty is released.
E. BORROWER’S RESPONSIBILITIES
1. The Borrower shall obtain and submit all required certificates of insurance, as set forth
herein, to the Director or his designee upon execution of this Agreement and prior to
City’s execution.
2. The Borrower shall be responsible for hiring a licensed contractor to complete the Project.
The Director or his designee may require submission of proof of the State License issued
to the selected contractor.
3. The Borrower is responsible for contacting the appropriate City departments to arrange for
obtaining all necessary approvals and/or permits required for construction and completion
of the Project.
4. The Borrower is responsible for managing, monitoring, and scheduling the construction of
the Project and ensuring its compliance with all applicable federal, State, and local laws
and regulations.
5. Borrower shall during the Term, and for a period of 2 years following the expiration of the
Term, keep and make available for the inspection, examination and audit by City or
City’s authorized employees, agents or representatives, at all reasonable time, all records
respecting the services and expenses incurred by Borrower, including without limitation,
all book, accounts, memoranda, receipts, ledgers, canceled checks, and any other
documents indicating, documenting, verifying or substantiating the cost and
appropriateness of any and all expenses. If any invoice submitted by Borrower is found to
have been overstated, Borrower shall provide City an immediate refund of the
overpayment together with interest at the highest rate permitted by applicable law, and
shall reimburse all of City’s expenses for and in connection with the audit respecting such
invoice.
6. The Borrower shall be fully responsible for ensuring that all invoices from the
contractors, suppliers, vendors and/or other third parties are paid and shall only seek
reimbursement after payment has been disbursed by Borrower to the applicable party.
F. THE CITY’S RESPONSIBILITIES
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1. Within a reasonable time after Borrower submits a request for a Reimbursement, the City
will review the information provided by Borrower under Section D.
2. Director or his designee shall review Borrower’s request and accompanying documents
for a Reimbursement Payment. If Borrower meets all its terms, conditions, and
obligations under this Agreement and the TIF Guidelines, the Director or his designee
shall issue the Payment in installments up to the total amount of the Loan in accordance
with the Local Government Prompt Payment Act, after City’s receipt of the
documentation submitted by Borrower in Section D(3).
3. The City will not object to Borrower or the property owner appealing it’s real estate
property taxes. However, if the property taxes are appealed to a level that will result in
an incremental property tax amount that would result in an inability to make debt service
payments for the debt issued to fund this portion of the project, the Borrower would be
required to step into the shoes of the City and make debt service payments on its behalf.
G. INSURANCE
1. During the entire period in which work on the Project is performed until termination of the
Declaration, the Borrower shall obtain and maintain in full force and effect during said
period the following insurance policies: Comprehensive General Liability Insurance in a
general aggregate amount of not less than $1,000,000, $1,000,000 Products and
Completed Operations Aggregate, and $1,000,000 each occurrence and including.
2. All deductibles on any policy shall be the responsibility of the primary holder of such
policy and shall not be the responsibility of the City of Evanston.
3. Borrower shall provide evidence of required insurance to the Director before execution of
this Agreement. Borrower shall name the City as an additional insured for the Loan
period.
H. OBLIGATION TO REFRAIN FROM DISCRIMINATION
1. Borrower covenants and agrees for itself, its successors and its assigns to the Property, or
any part thereof, that it will not discriminate against any employee or applicant for
employment because of race, color, religion, sex, sexual orientation, marital status,
national origin or ancestry, or age 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.
2. That, if it hires additional employees in order to perform this contract, or any portion
hereof, it will determine the availability of minorities and women in the area(s) from
which it may reasonably recruit and it will hire for each job classification for which
employees are hired in such a way that minorities and women are not underutilized.
3. 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
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because of race, color, religion, sex, sexual orientation, marital status, national origin,
ancestry, or disability.
I. NO AGENCY CREATED
The Borrower and any contractor, supplier, vendor or any third party hired by Borrower to
complete the Project are not agents or create any employment relationship with the City.
J. INDEMNIFICATION AND HOLD HARMLESS
Borrower shall defend, indemnify and hold harmless City 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 Borrower or Borrower’s
subcontractors, employees, agents or subcontractors during the performance of this Agreement.
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 Agreement. 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. Borrower 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. At the City
Corporation Counsel’s option, Borrower must defend all suits brought upon all such Losses and
must pay all costs and expenses incidental to them, but the City has the right, at its option, to
participate, at its own cost, in the defense of any suit, without relieving Borrower of any of its
obligations under this Agreement. Any settlement of any claim or suit related to activities
conducted under this Project by Borrower must be made only with the prior written consent of
the City Corporation Counsel, if the settlement requires any action on the part of the City. No
member, official, agent, legal counsel or employee of the City shall be personally liable to the
Borrower, or any successor in interest in the event of any default or breach by the City or for any
amount which may become due to Borrower or successor or on any obligation under the terms of
this Agreement.
K. COMPLIANCE WITH LAW
The Borrower agrees to comply with all the requirements now in force, or which may hereafter
be in force, of all municipal, county, state and federal authorities, pertaining to the development
and use of the Property, construction of the Project, ongoing operations conducted on the
Property, and use of Loan funds. In addition, pursuant to the Illinois Freedom of Information
Act, 5 ILCS 140/7(2), records in the possession of others whom the City has contracted with to
perform a governmental function are covered by the Act and subject to disclosure within limited
statutory timeframes (five (5) working days with a possible five (5) working day extension).
Upon notification from the City that it has received a Freedom of Information Act request that
calls for records within the Borrower’s control, the Borrower shall promptly provide all
requested records to the City so that the City may comply with the request within the required
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timeframe. The City and the Borrower shall cooperate to determine what records are subject to
such a request and whether or not any exemptions to the disclosure of such records, or part
thereof, are applicable. Vendor shall indemnify and defend the City from and against all claims
arising from the City’s exceptions to disclosing certain records which Vendor may designate as
proprietary or confidential. Compliance by the City with an opinion or a directive from the
Illinois Public Access Counselor or the Attorney General under FOIA, or with a decision or
order of Court with jurisdiction over the City, shall not be a violation of this Section.
L. DEFAULT; REMEDIES; DISPUTE RESOLUTION
1. Notice of Default: In the event of failure by either party hereto substantially to perform
any material term or provision of this Agreement, including but not limited to conditions
contained in Sections C and D, the non-defaulting party shall have those rights and
remedies provided herein, provided that such non-defaulting party has first provided to
the defaulting party a written notice of default in the manner required by Section N
hereof identifying with specificity the nature of the alleged default and the manner in
which said default may be satisfactorily be cured.
2. Cure of Default: Upon the receipt of the notice of default, the alleged defaulting party shall
promptly commence to cure, correct, or remedy such default within a 15-day period, and
shall continuously and diligently prosecute such cure, correction or remedy to
completion.
3. City Remedies not Exclusive; Repayment of Pro Rata Share of Loan: If an Event of
Default occurs, which Borrower has not cured within the timeframe set forth in
subparagraph 2 above, the City, at its option, may terminate this Agreement and/or may
institute legal action in law or in equity to cure, correct, or remedy such default, enjoin
any threatened or attempted violation, or enforce the terms of this Agreement. In the
event of a Default by Borrower that occurs after the City has disbursed in whole or in part
the Loan funds, the “Pro Rata Repayment Amount” and interest, at the rate of LIBOR +
1% per annum shall be due and payable within 30 days of Default. The amount due and
owing following an Event of Default, which is not cured by Borrower, shall be calculated
according to the Date of Default and the amount outstanding from the Loan Forgiveness
Schedule, outlined in Exhibit B. All payments shall be first credited to accrued interest,
next to attorney’s fees and costs which may be owing from time to time, and then to
principal. Payments shall be made to City at the address set forth in Section M herein or
at such other address as City may direct pursuant to notice delivered to Borrower in
accordance with Section M.
4. Borrower’s Exclusive Remedies: The parties acknowledge that the City would not have
entered into this Agreement if it were to be liable in damages under, or with respect to,
this Agreement or any of the matters referred to herein, including the Project, except as
provided in this Section. Accordingly, Borrower shall not be entitled to damages or
monetary relief for any breach of this Agreement by the City or arising out of or
connected with any dispute, controversy, or issue between Borrower and the City
regarding this Agreement or any of the matters referred to herein, the parties agreein g
that declaratory and injunctive relief and specific performance shall be Borrower’s sole
and exclusive judicial remedies.
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M. TERMINATION
If Borrower shall fail to cure any Event of Default upon notice and within the time for cure
provided for in XVII below, the City may, by written notice to the Borrower, terminate this
Agreement. Such termination shall trigger the “Repayment of Pro Rata Share of Reimbursement
defined in XVII. Borrower may not terminate this Agreement without the express written
consent of City.
N. NOTICES
All notices permitted or required hereunder must be in writing and shall be effected by (i)
personal delivery, (ii) first class mail, registered or certified, postage fully prepaid, or (iii)
reputable same-day or overnight delivery service that provides a receipt showing date and time
of delivery, addressed to the following parties, or to such other address as any party may, from
time to time, designate in writing in the manner as provided herein:
If to the Lender: City of Evanston
Attn: Wally Bobkiewicz, City Manager
2100 Ridge Avenue
Evanston, IL 60201
With a copy to: City of Evanston
Attn: W. Grant Farrar, Corporation Counsel
2100 Ridge Avenue
Evanston, IL 60201
If to the Borrower: O’Donnell Investment Company
100 N. Riverside, Suite 2150
Chicago, IL 60606
Any written notice, demand or communication shall be deemed received immediately if
personally delivered or delivered by delivery service to the addresses above, and shall be deemed
received on the third day from the date it is postmarked if delivered by registered or certified
mail.
O. APPLICABLE LAW
The internal laws of the State of Illinois without regard to principles of conflicts of law shall
govern the interpretation and enforcement of this Agreement.
P. ATTORNEY’S FEES
In the event that the City commences any action, suit, or other proceeding to remedy, prevent, or
obtain relief from a breach of this Agreement by Borrower, or arising out of a breach of this
Agreement by Borrower, the City shall recover from the Borrower as part of the judgment
against Borrower, its attorneys’ fees and costs incurred in each and every such action, sui t, or
other proceeding.
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Q. SURVIVAL OF TERMS, BINDING UPON SUCCESSORS
The covenants, terms, conditions, representations, warranties, Agreements and undertakings set
forth in this Agreement (and specifically including, without limitation, those covenants, terms,
conditions, representations, warranties, Agreements and undertakings which survive the
termination of this Agreement) shall be binding upon and inure to the benefit of the Parties
hereto and their respective successors, assigns and legal representatives.
R. CONFLICT OF INTEREST
1. No member, official, or employee of the City shall have any personal interest, direct or
indirect, in this Agreement, nor shall any such member, official, or employee participate
in any decision relating to the Agreement which affects his personal interests or the
interests of any corporation, partnership, or association in which he/she is, directly or
indirectly, interested.
2. The Borrower warrants that it has not paid or given, and will not pay or give, any third
person any money or other consideration for obtaining this Agreement.
S. BINDING EFFECT
This Agreement, and the terms, provisions, promises, covenants and conditions hereof, shall be
binding upon and shall inure to the benefit of the parties hereto and their respective heirs, legal
representatives, successors and assigns.
T. AUTHORITY TO SIGN
John O’Donnell hereby represents that he executes this Agreement on behalf of Borrower and
has the full authority to do so and to bind Borrower to perform pursuant to the terms and
conditions of this Agreement.
U. COUNTERPARTS
This Agreement may be executed by each party on a separate signature page, and when the
executed signature pages are combined, shall constitute one single instrument.
V. ENTIRE AGREEMENT AND SEVERABILITY
1. This Agreement and the Exhibits and references incorporated into this Agreement express
all understandings of the parties concerning the matters covered in this Agreement. This
Agreement integrates all of the terms and conditions mentioned herein or incidental
hereto, and supersedes all negotiations or previous agreements between the parties with
respect to all or any part of the subject matter hereof. The Agreement may be amended
from time to time with the written consent of the Parties hereto.
2. If any provision, condition, covenant or other clause, sentence or phrase of this Agreement
is held invalid by a court of competent jurisdiction, such provision shall be deemed to be
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excised and the invalidity thereof shall not affect any other provision, condition, covenant
or other clause, sentence or phrase contained herein. Notwithstanding the foregoing, if
any such invalid provision goes to the essence of this Agreement so that the purposes of
the Agreement cannot be fulfilled, then this Agreement shall terminate as of the date of
such judgment.
W. NO WAIVER
No failure of either the City or the Borrower to insist upon the strict performance by the other of
any covenant, term or condition of this Agreement, nor any failure to exercise any right or
remedy consequent upon a breach of any covenant, term, or condition of this Agreement, shall
constitute a waiver of any such breach or of such covenant, term or condition. No waiver of any
breach shall affect or alter this Agreement, and each and every covenant, condition, and term
hereof shall continue in full force and effect.
X. FORCE MAJEURE
Performance by any party hereunder shall not be deemed to be in default where delays or
defaults are due to war, insurrection, strikes, lockouts, riots, floods, earthquakes, fires, casualties,
acts of God, acts of the public enemy, restrictive governmental laws and regulations, epidemics,
quarantine restrictions, freight embargoes, lack of transportation or labor and material shortages.
An extension of time for any such cause shall be for the period of the delay, which period shall
commence to run from the time of the commencement of the cause, provided that written notice
by the party claiming such extension is sent to the other party not more than thirty (30) days after
the commencement of the cause or not more than thirty (30) days after the party claiming such
extension could have first reasonably recognized the commencement of the cause, whichever is
later.
[SIGNATURES ON FOLLOWING PAGE]
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82880028\V-1
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IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the date
first above written.
OWNER:
MAIN & CHICAGO EVANSTON JV, LLC, a
Delaware limited liability company
By:
Name:
Title:
CITY:
THE CITY OF EVANSTON, ILLINOIS
By:
Name:
Title:
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STATE OF ILLINOIS )
) SS.
COUNTY OF COOK )
I, ______________________________________, a Notary Public in and for said
County, in the State aforesaid, DO HEREBY CERTIFY that John Q. O’Donnell, in his capacity
as manager of OMS-Evanston LLC, an Illinois limited liability company, which is the managing
member of OMS/AR Evanston LLC, a Delaware limited liability company, which is the
managing member of Developer, personally known to me to be the same person whose name is
subscribed to the foregoing instrument as such manager, appeared before me this day in person
and acknowledged that he signed and delivered the said instrument as his own free and voluntary
act, and as the free and voluntary act of said limited liability company for itself and on behalf of
both OMS/AR Evanston LLC and Main & Chicago Evanston JV, LLC, for the uses and purposes
therein set forth.
GIVEN under my hand and notarial seal this _____ day of ________________, 2014.
My Commission Expires:
STATE OF ILLINOIS )
) SS.
COUNTY OF COOK )
I, ______________________, a Notary Public in and for said County, in the State
aforesaid, DO HEREBY CERTIFY that Wally Bobkiewicz, as City Manager of the City of
Evanston, Illinois, personally known to me to be the same person whose name is subscribed to
the foregoing instrument as such Wally Bobkiewicz, appeared before me this day in person and
acknowledged that he signed and delivered the said instrument as his own free and voluntary act,
and as the free and voluntary act of said municipality, for the uses and purposes therein set forth.
GIVEN under my hand and notarial seal this _____ day of ________________, 2014.
My Commission Expires:
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EXHIBIT A
LEGAL DESCRIPTION OF PROPERTY
LOT “A” IN THE MAIN CONSOLIDATION, BEING A CONSOLIDATION OF LOTS 1, 2 AND 3 IN BLOCK 11
IN WHITE’S ADDITION TO EVANSTON IN SECTION 19, TOWNSHIP 41 NORTH, RANGE 14, EAST OF
THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED JANUARY 5, 1977
AS DOCUMENT NUMBER 23769201, IN COOK COUNTY, ILLINOIS.
Common Addresses: 835-849 Chicago Avenue and 516-534 Main Street, Evanston, IL 60202
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EXHIBIT B
LOAN FORGIVENESS SCHEDULE
[TO BE INSERTED AT A LATER DATE]
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EXHIBIT C
GUARANTY
Borrower: O’Donnell Investment Company
Lender: City of Evanston
Guarantor: [INSERT]
Principal Amount: $2,900,000
Loan Term: 10 years (120 months)
Guaranty Term: 10 Years
CONTINUING GUARANTEE OF PAYMENT AND PERFORMANCE. For good and
valuable consideration, Guarantor absolutely and unconditionally guarantees full and punctual
payment and satisfaction of the Indebtedness of Borrower to Lender, and the performance and
discharge of all Borrower's obligations under the Note and the Related Documents. This is a
guaranty of payment and performance and not of collection, so Lender can enforce this Guaranty
against Guarantor even when Lender has not exhausted Lender's remedies against anyone else
obligated to pay the Indebtedness or against any collateral securing the Indebtedness, this
Guaranty or any other guaranty of the indebtedness. Guarantor will make any payments to
Lender or its order, on demand, in legal tender of the United States of America, in same-day
funds, without set-off or deduction, or counterclaim, and will otherwise perform Borrower's
obligations under the Note and Related Documents. Under this Guaranty, Guarantor's liability is
limited to Borrower’s obligations under the Note.
INDEBTEDNESS. The word "'Indebtedness” as used in this Guaranty means all of the principal
amount outstanding from time to time and at any one or more times, accrued unpaid interest
thereon and all collection costs and legal expenses related thereto permitted by law, attorneys'
fees, arising from Borrower’s obligations under the Note.
CONTINUING GUARANTY. THIS IS A "CONTINUING GUARANTY" UNDER WHICH
GUARANTOR AGREES TO GUARANTEE THE FULL AND PUNCTUAL PAYMENT.
DURATION OF GUARANTY. This Guaranty will take effect when received by Lender
without the necessity of any acceptance by Lender, or any notice to Guarantor or to Borrower,
and will continue in full force until end of the tenth year (120th month) of the Loan. If Guarantor
elects to revoke this, Guaranty, Guarantor may only do so in writing. Guarantor's written notice
of revocation must be mailed to Lender; by certified mail, at Lender's address listed above or
such other place as Lender may designate in writing. This Guaranty shall bind Guarantor's estate
as to the Indebtedness created both before and after Guarantor's death or incapacity, regardless of
Lander's actual notice of Guarantor’s death, Subject to the foregoing, Guarantor's, executor or
administrator or other legal representative may terminate this Guaranty in the same manner in
which Guarantor might have terminated it and with the some effect. Release of any, other
guarantor or termination of any other guaranty of the Indebtedness shall not affect the ability of
Guarantor under this guaranty.
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GUARANTOR'S AUTHORIZATION TO LENDER. Guarantor authorizes Lender, either
before or after any revocation hereof upon written notice to Guarantor by Lender, without
lessening Guarantor’s liability under this Guaranty, from time to time (A) to take and hold
security for the payment of this Guaranty or the Indebtedness, and exchange, enforce, waive,
subordinate, fail or decide not to perfect, and release any such security, with or without the
substitution of new collateral; (B) to determine how, when and what application of payments and
credits shall be made on the Indebtedness; and (C) to apply such security and direct the order or
manner of sale thereof, including without limitation. any non-judicial sale permitted by the terms
of the controlling security agreement or deed of trust, as Lender in its discretion may determine;
GUARANTOR'S REPRESENTATIONS AND WARRANTIES. Guarantor represents and
warrants to Lender that (A) no representations or agreements of any kind have been made to
Guarantor which would limit or qualify in any way the terms of this Guaranty; (B) Guarantor has
full power, right and authority to enter into this Guaranty; (C) the provisions of this Guaranty do
not conflict with or result in a default under any agreement or other instrument binding upon
Guarantor and do not result in a violation of any law, regulation, court decree or order applicable
to Guarantor;" (D) upon Lender's request, Guarantor will provide to Lender financial and credit
information in form acceptable to Lender, and all such financial information which currently has
been, ,and all future financial information which will be provided Lender is and will be true and
correct in all material respects and fairly present, Guarantor's financial condition as of the dates
the financial information is provided; (E) no material adverse change has occurred in Guarantor's
financial condition since the date of the most recent financial statements provided to Lender and
no event has occurred which may materially adversely affect Guarantor's financial condition; and
(J) Guarantor has established adequate means of obtaining from Borrower on a continuing basis
information regarding Borrower's financial condition. Guarantor agrees to keep Lender
adequately informed from any relevant facts, events, or circumstances which might in any way
affect Guarantor's risks under this Guaranty.
GUARANTOR'S WAIVERS. Except as prohibited by applicable law, Guarantor waives any
right to require Lender (A) to continue lending money or to extend other credit to Borrower; (B)
to proceed directly against or exhaust any collateral held by Lender from Borrower, any other
guarantor, or any other person; and (C) to pursue any other remedy within Lender's power;
SUBORDINATION OF BORROWER DEBTS TO GUARANTOR. Guarantor agrees that
the indebtedness, whether now existing or hereafter created, shall be superior to any claim that
Guarantor may now have or hereafter acquire against Borrower, whether or not Borrower
becomes insolvent. Guarantor hereby expressly subordinates, any claim Guarantor may have
against Borrower, upon an account whatsoever, to any claim that Lender may now or hereafter
have against Borrower. In the event of insolvency and consequent liquidation of the assets of
Borrower, through bankruptcy, by an assignment for the benefit of creditors, by voluntary
liquidation, or otherwise, the assets of Borrower applicable to the payment of the claims of both
Lender and Guarantor shall be paid to Lender and shall be first applied by Lender to the
indebtedness. Guarantor does hereby assign to Lender all claims which it may have or acquire
against Borrower or against any assignee or trustee in bankruptcy of Borrower; provided
however, that such assignment shall be effective only for the purpose of assuring to Lender full
payment in legal tender of the Indebtedness.
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MISCELLANEOUS PROVISIONS. The following miscellaneous provisions are a part of this
Guaranty:
Amendments. This Guaranty together with any Related Documents, constitutes the
entire understanding and agreement of the parties as to the matters set forth in this
Guaranty, No alteration of or amendment to this· Guaranty shall be effective unless given
in writing and signed by both parties.
Caption Headings. Caption headings in this Guaranty are for convenience purposes only
and are not to be used to interpret or define the provisions of this Guaranty.
Governing law. This Guaranty will be governed by federal law applicable to Lender and,
to the extent not preempted by federal law, the' laws of the State of Illinois without regard
to its conflicts of law provisions.
Integration. Guarantor further agrees that Guarantor has read and fully understands the
terms of this Guaranty; Guarantor has had the opportunity to be-advised by Guarantor's
attorney with respect to this Guaranty; the Guaranty fully reflects Guarantor's intentions
and parol evidence is not required to interpret the terms of this Guaranty. Guarantor
hereby indemnifies and holds Lender harmless from all losses, claims, damages, and
costs (including Lender's attorneys' fees) suffered or incurred by Lender as a result of any
breach by Guarantor of the warranties, representations and agreements of this paragraph.
Interpretation. In all cases where there is more than one Borrower or Guarantor, then all
words used in this Guaranty in the singular shall be deemed to have been used in the
plural where the context and construction so require; and where there is more than one
Borrower named in this Guaranty or when this Guaranty is executed by more than one
Guarantor, the words “Borrower” and "Guarantor” respectively shall mean all and
anyone or more of them. The words “Guarantor," "Borrower," and "Lender” include the
heirs, successors, assigns, and transferees of each of them, If a court finds that any
provision of this Guaranty is not valid or should not be enforced, that fact by itself will
not mean that the rest of this Guaranty will not be valid or enforced. Therefore, a court
will enforce the rest of the provisions of this Guaranty even if a provision of this
Guaranty may be found to be invalid or unenforceable. If anyone or more of Borrower or
Guarantor are corporations, partnerships, limited liability companies, or similar entities, it
is not necessary for Lender to inquire into the powers of Borrower or Guarantor or of the
officers, directors, partners, managers, or other agents acting or purporting to act on their
behalf, and any indebtedness made or created in reliance upon the professed exercise of
such powers shall be guaranteed under this Guaranty.
Notices. Any notice required to be given under this Guaranty shall be given in writing,
and, except for revocation notices by Guarantor, shall be effective when actually
delivered, when actually received by tele-facsimile (unless, otherwise required by law)
when deposited with a nationally recognized overnight courier, or, if mailed, when
deposited in the United States mail, as first class, certified or registered mail postage
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prepaid, directed to the addresses shown near the beginning of this Guaranty. All
revocation notices by Guarantor shall be in writing and shall be effective upon delivery to
Lender as provided in the section of this Guaranty entitled "DURATION OF
GUARANTY.” Any party may change its address for notices under this Guaranty by
giving formal written notice to the other parties, specifying that the purpose of the notice
is to change the party's address, For notice purposes, Guarantor agrees to keep Lender
informed at all times of Guarantor's current address.
No Waiver by Lender. Lender shall not be deemed to have waived any rights under this
Guaranty unless such waiver is given in writing and signed by Lender. No delay or
omission on the part of Lender in exercising any right shall operate as a waiver of such
right or any other right. A waiver by Lender of a provision of this Guaranty shall not
prejudice or constitute e waiver of lender's right otherwise to demand strict compliance
with that provision or any other provision of this Guaranty. No prior waiver by Lender,
nor any course of dealing between Lender and Guarantor, shall constitute a waiver of any
of Lender's rights or of any of Guarantor's obligations as to any future transactions,
Whenever the consent of Lender is required under this Guaranty, the granting of such
consent by Lender in any Instance shall not constitute continuing consent to subsequent
instances where such consent is required and in all cases such consent may be granted or
withheld in the sole discretion of Lender.
Successors and Assigns. Subject to any limitations stated in this Guaranty on transfer of
Guarantor's interest, this Guaranty shall be binding upon and inure to the benefit of the
parties, their successors and assigns.
DEFINITIONS. The following capitalized words and terms shall have the following meanings
when used in this Guaranty. Unless specifically stated to the contrary, all references to dollar
amounts shall mean amounts in lawful money of the United States of America. Words and terms
used in the singular shall include the plural, and the plural shall include the singular, as the
context may require. Words and terms not otherwise defined in this Guaranty shall have the
meanings attributed to such terms in the Uniform Commercial Code:
Borrower. The word “Borrower” means O’Donnell Investment Company and includes
all co-signers and co·-makers signing the Note and all their successors and assigns.
GAAP. The word "GAAP" means generally accepted accounting principles.
Guarantor. The word "Guarantor" means [insert] and in each case, any signer's
successors and assigns.
Guaranty. The word "Guaranty" means this guaranty from Guarantor to Lender.
Indebtedness. The word "Indebtedness" means Borrower's indebtedness to Lender as
more particularly described in this Guaranty.
Lender. The word “Lender" means City of Evanston, its successors and assigns.
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Note. The word “Note” means and includes without limitation all of Borrower's
promissory notes and/or credit agreements evidencing Borrower's loan obligations in
favor of Lander, together with all renewals of, extensions of, modifications of,
substitutions for promissory notes or credit agreements.
Related Documents. The words “Related Documents” mean all promissory notes, credit
agreements, loan agreements, environmental agreements, guaranties, security
'agreements, mortgages, deeds of trust, security deeds, collateral mortgages, and all other
instruments, agreements and documents, whether now or hereafter existing, executed in
connection with the Indebtedness.
EACH UNDERSIGNED GUARANTOR ACKNOWLEDGES HAVING READ ALL THE
PROVISIONS OF THIS GUARANTY AND AGREES TO ITS TERMS, IN ADDITION,
EACH GUARANTOR UNDERSTANDS THAT THIS GUARANTY IS EFFECTIVE
UPON GUARANTOR'S EXECUTION AND DELIVERY OF THIS GUARANTY TO
UNDER AND THAT THE GUARANTY WILL CONTINUE UNTIL TERMINATED IN
THE MANNER SET FORTH IN THE SECTION TITLED "DURATION OF
GUARANTY", NO FORMAL ACCEPTANCE BY LENDER IS NECESSARY TO MAKE
THIS GUARANTY EFFECTIVE, THIS GUARANTY is DATED ________________, 2014.
GUARANTOR:
__________________________
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EXHIBIT D
MEMORANDUM OF TIF FORGIVABLE CONSTRUCTION LOAN AGREEMENT
[TO BE INSERTED AT A LATER DATE]
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