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Home My WebLink About06.25.12 CITY COUNCIL REGULAR MEETING CITY OF EVANSTON, ILLINOIS LORRAINE H. MORTON CIVIC CENTER COUNCIL CHAMBERS Monday, June 25, 2012 Administration & Public Works Committee meets at 5:45 p.m. The Planning & Development Committee meeting has been cancelled. The City Council meeting convenes 15 minutes after the conclusion of the Administration & Public Works Committee meeting. ORDER OF BUSINESS (I) Roll Call – Begin with Alderman Holmes (II) Mayor Public Announcements (III) City Manager Public Announcements Tree City USA Award Recognition Holiday Trash Collections July 4th Parade and Fireworks (IV) Communications: City Clerk (V) Citizen Comment Members of the public are welcome to speak at City Council meetings. As part of the Council agenda, a period for citizen comments shall be offered at the commencement of each regular Council meeting. Those wishing to speak should sign their name, address and the agenda item or topic to be addressed on a designated participation sheet. If there are five or fewer speakers, fifteen minutes shall be provided for Citizen Comment. If there are more than five speakers, a period of forty-five minutes shall be provided for all comment, and no individual shall speak longer than three minutes. The Mayor will allocate time among the speakers to ensure that Citizen Comment does not exceed forty-five minutes. The business of the City Council shall commence forty-five minutes after the beginning of Citizen Comment. Aldermen do not respond during Citizen Comment. Citizen Comment is intended to foster dialogue in a respectful and civil manner. Citizen comments are requested to be made with these guidelines in mind. (VI) Consent Agenda: Alderman Rainey 1 of 508 City Council Agenda June 25, 2012 Page 2 of 7 6/21/2012 4:41 PM (VII) Report of the Standing Committees Administration & Public Works - Alderman Burrus Planning & Development - Alderman Holmes Human Services - Alderman Tendam (VIII) Call of the Wards (Aldermen shall be called upon by the Mayor to announce or provide information about any Ward or City matter which an Alderman desires to bring before the Council.) {Council Rule 2.1(10)} (IX) Executive Session (X) Adjournment CONSENT AGENDA (M1) Approval of Minutes of the Regular City Council Meeting of June 11, 2012 (M2) Approval of Minutes of the Regular City Council Meeting of June 18, 2012 ADMINISTRATION & PUBLIC WORKS COMMITTEE (A1) City of Evanston Payroll through 06/03/12 $2,577,994.87 (A2) City of Evanston Bills FY2012 through 06/26/12 $3,936,198.81 (A3.1) Approval of Agreement with MWH Americas, Inc. for an Engineering Study for Water Supply Transmission Main to Potential New Wholesale Water Customers (RFP 12-131) Staff recommends City Council authorize the City Manager to execute an agreement for an engineering study for a water supply transmission main to potential new wholesale water customers (RFP 12-131) with MWH Americas, Inc. (175 W. Jackson Blvd, Suite 1900, Chicago, IL) in the not-to-exceed amount of $149,800. Funding for Evanston’s portion of the agreement in the amount of $21,400 will be from the Water Fund, account 7125.6218. Evanston’s partners in this study will reimburse the balance of the funding. For Action (A3.2) Approval of Contract with Badger Meter, Inc. for 2012 Water Meter Purchase (Bid No. 12-138) Staff recommends that City Council authorize the City Manager to execute a contract for the 2012 Water Meter Purchase (Bid No. 12-138) to Badger Meter, Inc. (4545 West Brown Deer Road, Milwaukee, WI) in the amount of $64,090.10. Funding will be from the Water Fund, Account 7120.65070 and Account 7125.65080 with total allocations of $85,000 for FY 2012. For Action 2 of 508 City Council Agenda June 25, 2012 Page 3 of 7 6/21/2012 4:41 PM (A3.3) Approval of Contract with Palatine Oil Company, Inc for 2012 Fuel Purchases Staff recommends that City Council authorize the City Manager to execute a contract for the last six (6) months of Fiscal Year 2012 fuel purchases in the amount of $500,000 from Palatine Oil Company Incorporated, (900 National Parkway, Schaumburg, IL). Palatine Oil Company is the Northwest Municipal Conference Bid winner for all grades and types of fuels that are utilized by City vehicles. Funding is provided from the Fleet Services Major Maintenance Budget for Automotive Equipment Account 7710.65035. For Action (A3.4) Approval of Contract with Infrastructure Management Services for Comprehensive Pavement Condition Evaluation and Right-of-Way Asset Management Staff recommends that the City Council authorize the City Manager to execute a contract with Infrastructure Management Services (1895-D Rohlwing Road, Rolling Meadows, IL) in the amount of $139,708.50 for pavement condition evaluation and right-of-way asset management. Funding will be provided by the Capital Improvement Program (Account #415921), which has a budget of $200,000. For Action (A3.5) Approval of Emergency Contract with PBR Chicago for Noyes Cultural Arts Center Northeast Chimney Repair Emergency repair work in the amount of $23,785 was authorized on June 13, 2012, by City Manager Wally Bobkiewicz for the northeast chimney at the Noyes Cultural Arts Center. Staff recommended award of this contract for emergency repairs to PBR Chicago (540 W. Frontage Road, Northfield, IL). Funding is provided by Capital Improvement Program Project #415663, with a total budget allocation of $120,000. For Action (A3.6) Approval of Contract for Purchase of One (1) Replacement Engine from Pierce Manufacturing for Evanston Fire and Life-Safety Services Staff recommends City Council approval to purchase one (1) replacement engine for Evanston Fire & Life Safety Services as follows; Pierce Manufacturing Inc., (2600 American Drive, Appleton, WI) in the amount of $578,238. Funding is provided by the Equipment Replacement Fund Account 7780.65550 using the Northwest Municipal Conference Suburban Purchasing Cooperative Competitive Bid. For Action 3 of 508 City Council Agenda June 25, 2012 Page 4 of 7 6/21/2012 4:41 PM (A3.7) Approval of Single Source Purchase of Street Furniture from Landscapeforms for Church Street, Hartrey Avenue and the Lorraine H. Morton Civic Center Staff recommends City Council approval of purchase of street furniture items from Landscapeforms (431 Lawndale Avenue, Kalamazoo, MI) in the amount of $227,689. Funding is provided by the Washington National TIF in the amount of 118,689, Howard Hartrey TIF in the amount of $22,185, and the General Fund Street Maintenance Account 2670.65055 in the amount of $7,830. (A4) Approval of Change Order for Extension of Utility Bill Print and Mail Services with Third Millennium Associates, Inc. Staff recommends that the City Council authorize the City Manager to execute Change Order # 1 for a 1-year extension with Third Millennium Associates, Inc. (4200 Cantera Drive, Suite 105, Warrenville, IL) in the amount of $17,827.98 to provide utility bill printing and mailing services at the same pricing as obtained in June of 2009. Funding is shared between the water fund and the sewer fund, in accounts 7125.62455 and 7400.62455, which have a total combined budget allocation of $19,600 for FY2012. For Action (A5) Approval of Request for Proposal 12-142: Depository and Various Other Banking Services Staff recommends that the City Council authorizes the City Manager to distribute a request for proposal (RFP) for banking services. These services will include all payroll, accounts payable and optional investment services. For Action (A6) Resolution 28-R-12 Authorizing the City Manager to Sign a City of Evanston Community Public Art Program Agreement with Krivanek + Breaux / Art +Design LLC for Artwork at the Sherman Garage Public Art Committee members recommend approval of a $75,000 commission for the artist team of Krivanek + Breaux to create a new work of public art at the Sherman Plaza garage, titled Search & Effect. Funding for this project is provided through the Percent for Art Program by the Washington TIF Fund #4. For Action (A7) Resolution 50-R-12 by Authorizing the Use of Motor Fuel Tax Funds for Additional Roadway Resurfacing Project Staff recommends City Council approval of Resolution 50-R-12 authorizing the use of Motor Fuel Tax Funds (MFT) in the amount of $300,000 for the 2012 additional MFT Street Resurfacing Project. Funding for this project is provided by the Motor Fuel Tax Fund (# 200). For Action 4 of 508 City Council Agenda June 25, 2012 Page 5 of 7 6/21/2012 4:41 PM (A8) Resolution 51-R-12, Authorizing the City Manager to Execute a Letter of Understanding for the Lease of 727-729 Howard Street to City Lit Theatre Company Staff recommends approval of Resolution 51-R-12, authorizing the City Manager to negotiate and execute a second Letter of Understanding between the City of Evanston and City Lit Theater for the consideration of a lease-to-own agreement at City-owned property at 727-729 Howard Street. This second Letter of Understanding extends the time allowed for the City to negotiate exclusively with City Lit Theatre. For Action (A9) Resolution 52-R-12 Authorizing the City Manager to Execute a Contract for the Purchase of Real Property Located at 1801-05 Church Street Staff recommends the approval of Resolution 52-R-12 authorizing the City Manager to execute a contract for the purchase of real property located at 1801- 1805 Church Street for an amount not to exceed $127,000 from E-Town Community Ventures LLC. For Action (A10) Ordinance 63-O-12 Authorizing Negotiation to Sell City-Owned Property at 1131 Sherman Staff recommends adoption of Ordinance 63-O-12 authorizing the City Manager to negotiate the sale of a City-owned vacant lot located at 1131 Sherman Avenue, Evanston, Illinois 60202 to Mark Hammergren. For Introduction (A11) Ordinance 64-O-12; Authorizing the City Manager to Execute a Real Estate Contract for the Sale of 1131 Sherman Avenue Staff recommends adoption of Ordinance 64-O-12 directing the City Manager to execute a real estate contract for the sale of a City-owned vacant lot at 1131 Sherman Avenue, Evanston, Illinois 60202 to Mark Hammergren. For Introduction (A12) Ordinance 67-O-12 Approval of 2012 General Obligation Bond Issue Staff recommends approval of proposed ordinance number 67-O-12 for the FY 2012 bond issuance totaling $16.22M. The ordinance will be completed and signed after the bond sale date, which is tentatively scheduled for July 10, 2012. For Introduction (A13) Ordinance 68-O-12, Increasing the Number of Class C Liquor Licenses to Permit Issuance to Montarra Restaurant Group The Local Liquor Commissioner recommends adoption of Ordinance 68-O-12, amending Subsection 3-5-6-(C) of the Evanston City Code of 1979, as amended, to increase the number of Class C liquor licenses from 29 to 30 to permit issuance to Montarra Restaurant Group, LLC d/b/a Terra, 2676 Green Bay Road. Suspension of the Rules is requested to allow for Introduction and Action on June 25, 2012. For Introduction and Action 5 of 508 City Council Agenda June 25, 2012 Page 6 of 7 6/21/2012 4:41 PM (A14) Ordinance 65-O-12 Amending Portions of Title 3, “Hotel-Motel Tax” Staff recommends adoption of Ordinance 65-O-12, amending Ordinance 28-O- 73, an ordinance establishing the Hotel Tax. This Ordinance was originally adopted with the provision that hotel taxes would be deposited into the City’s General Fund. In 2000-01 as part of the Annual Budget approval these funds were moved to the Economic Development Fund. This amendment will update the City Code to reflect current practice. This ordinance was introduced at the June 11, 2012 City Council meeting. For Action The following three agenda items A15, A16 and A17, Ordinances relating to a Tax Increment Redevelopment Project Area (“TIF District”) for the Dempster/Dodge Redevelopment Area, were introduced at the City Council meeting on May 29, 2012. THESE ORDINANCES WERE TABLED AT THE JUNE 11, 2012 CITY COUNCIL MEETING PENDING FURTHER INFORMATION AND COUNCIL ACTION. A combined motion to take from the table should reference all three ordinances. (A15) Ordinance 55-O-12 Approving a Tax Increment Redevelopment Plan and Redevelopment Project for the Dempster/Dodge Redevelopment Area Staff recommends City Council adoption of Ordinance 55-O-12. This ordinance was introduced at the May 29, 2012 City Council meeting. For Action (A16) Ordinance 56-O-12 Designating the Dempster/Dodge Redevelopment Project Area (“TIF District”) of the City of Evanston a Redevelopment Project Area Pursuant to the Tax Increment Allocation Redevelopment Act Staff recommends City Council adoption of Ordinance 56-O-12. This ordinance was introduced at the May 29, 2012 City Council meeting. For Action (A17) Ordinance 57-O-12 Adopting Tax Increment Allocation Financing for the Dempster/Dodge Redevelopment Project Area Staff recommends City Council adoption of Ordinance 57-O-12. This ordinance was introduced at the May 29, 2012 City Council meeting. For Action (A18) Resolution 54-R-12 Authorizing an Agreement with Bonnie Management for TIF Eligible Expenses at the Evanston Plaza Shopping Center Staff recommends the approval of Resolution 54-R-12 authorizing the City Manager to negotiate a TIF redevelopment agreement with Bonnie Management for an amount not to exceed $2 million for TIF eligible expenses for the real property located at 1900 Dempster at the Evanston Plaza Shopping Center. For Action 6 of 508 City Council Agenda June 25, 2012 Page 7 of 7 6/21/2012 4:41 PM PLANNING & DEVELOPMENT COMMITTEE MEETING HAS BEEN CANCELLED RULES (O1) Ordinance 66-O-12 Amending the Evanston City Code Title 2, Chapter 14, Relating to the Utilities Commission The Rules Committee and staff recommend City Council approval of Ordinance 66-O-12 amending the Evanston City Code, Title 2, Chapter 14, relating to the Utilities Commission For Introducton MEETINGS SCHEDULED THROUGH JULY 2012 Upcoming Aldermanic Committee Meetings: Wednesday, June 27 6:00 pm Transportation/Parking Committee Wednesday, June 27 7:30 pm Economic Development Committee Monday July 2 6:00 pm Rules Committee Monday, July 2 7:30 pm Human Services Monday, July 9 5:45 pm APW, P&D, City Council Monday , July 16 7:00 pm City Council Tuesday, July 17 7:30 pm Housing & Community Development Act Ctte Wednesday, July 18 6:00 pm M/W/EBE Development Committee Monday, July 23 5:45 pm APW, P&D, City Council Wednesday, July 25 6:00 pm Transportation/Parking Committee Wednesday, July 25 7:30 pm Economic Development Committee 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. 7 of 508 CITY COUNCIL REGULAR MEETING CITY OF EVANSTON, ILLINOIS LORRAINE H. MORTON CIVIC CENTER COUNCIL CHAMBERS Monday, June 11, 2012 Roll Call: Alderman Wynne Alderman Rainey Alderman Wilson Alderman Burrus Alderman Holmes Alderman Fiske Alderman Tendam Alderman Braithwaite Absent: Alderman Grover Evanston Town Board Meeting was held from 7:45 pm until 7:52 pm. Roll Call was performed and the City Council’s Regular Meeting was now in session. Mayor Public Announcements Mayor Tisdahl read a statement concerning the conduct of persons in and during the Council Session. She mentioned what was an acceptable and unacceptable behavior, she also stated that the Ethics Committee had concluded their findings for Alderman Fiske and there will be no more redundant comments on the matter and will be ruled out of order by the Mayor. City Manager Public Announcements Mr. Bobkiewicz spoke of the new viaduct that was installed over the weekend, as well as a webcam was pulled up to allow viewing of the progress of the installation. He then invited Ms. Evonda Thomas, Director of Health Department to give an update of the forth coming Health Summit. Ms. Thomas stated the 2nd Annual Health Summit will occur on Wednesday, June 27th from 6 pm until 8:30 pm in the Linden Room of the Levy Center. This will allow consumers and providers the opportunity to meet and share ideas and services. Mr. Bobkiewicz also announced the Northwestern Commencement Ceremonies, and in two weeks June 23rd and 24th Fountain Square Arts Festival, Custer Fair and then Ricky Byrdsong’s “Race Against Hate” on this Sunday morning. Communications: City Clerk Mr. Greene announced the deliverance of a letter from Peggy Tarr mentioning her concerns for the business located on the 900 block of Sherman Avenue. 8 of 508 Minutes June 11, 2012 Page 2 of 10 Citizen Comment Padma Rao , 2246 Sherman stated that COMED notes the importance of trees and yet the Council has criticized COMED for one reason or another, but yet the Council has sentenced over two dozen trees to death on Kendal…when the Mayor interrupted Ms. Padma Rao’s comments instructing her the comments were not within the jurisdiction of the Council since the matter has been resolved. While Ms. Rao continued to vocally disagree with the Mayor, the Mayor switched the microphone off preventing further recordings of Ms. Rao’s comments. With continuous bickering between the speaker and the Mayor a motion to recess for 5 minutes was made by Alderman Wilson and seconded by Alderman Braithwaite and a voice vote was taken that was unanimous and the Dias was emptied by everyone except the City Clerk and Alderman Holmes. Once the Council reconvened the Mayor called for Ms. B.K. Rao as the next speaker to come forward. B.K. Rao, 2246 Sherman, she asked if she was called and the Mayor answered yes. She stated her comments were approved by her Attorney and backed by facts from newspapers and books. She then began speaking of the Kendal Plan of killing mature trees, when the Mayor interrupted to tell her the matter had been ruled as a redundant statement. B.K. Rao began shouting it was not redundant and that the Mayor has ears but don’t listen and eyes but don’t see. As she continued making accusations after accusations Alderman Rainey stood up and called for a point of order to the Mayor, stating “this woman is Hysterical and having Hallucinations could you please put a stop to her, I am not going to sit here and going to the lady’s room, I walked past her and I never touched her, I think you need to put a stop to this”. The Mayor then turned the microphone off on her as well. Items not approved on Consent Agenda (A6)Resolution 38-R-12 Authorizing the Acquisition of Real Property Located at 1801-05 Church Street through Condemnation or Other Means Staff recommends the approval of Resolution 38-R-12 authorizing the City Manager to negotiate the acquisition of the real property at 1801-05 Church Street through condemnation or other means. Staff recommends adoption of this resolution in order to provide the City with as many options to acquire the property, including eminent domain, as possible, and out of a desire to limit the City's liability for environmental remediation issues. For Action (A7)Resolution 44-R-12 Amending the FY2012 City of Evanston Budget Staff recommends approval of Resolution 44-R-12 – Authorization to amend the FY 2012 Budget. The proposed amendment would increase the FY 2012 Budget Appropriation by $8,763,000, from $250,096,993 to $258,859,993. For Action (A12)Ordinance 58-O-12 for Designation of the Proposed Chicago/Main Tax Increment Financing District Staff recommends adoption of Ordinance 58-O-12, which will initiate the public hearing process for designation of the proposed Chicago/Main Tax Increment Financing (TIF) District. For Introduction 9 of 508 Minutes June 11, 2012 Page 3 of 10 (A18)Ordinance 55-O-12 Approving a Tax Increment Redevelopment Plan and Redevelopment Project for the Dempster/Dodge Redevelopment Area Staff recommends City Council adoption of Ordinance 55-O-12. This ordinance was introduced at the May 29, 2012 City Council meeting. For Action (A19)Ordinance 56-O-12 Designating the Dempster/Dodge Redevelopment Project Area (“TIF District”) of the City of Evanston a Redevelopment Project Area Pursuant to the Tax Increment Allocation Redevelopment Act Staff recommends City Council adoption of Ordinance 56-O-12. This ordinance was introduced at the May 29, 2012 City Council meeting. For Action (A20)Ordinance 57-O-12 Adopting Tax Increment Allocation Financing for the Dempster/Dodge Redevelopment Project Area Staff recommends City Council adoption of Ordinance 57-O-12. This ordinance was introduced at the May 29, 2012 City Council meeting. For Action (P1)Ordinance 60-O-12, Granting a Special Use for a Type II Restaurant at 1806 Church Street (“Blues”) Zoning Board of Appeals and City staff recommend the adoption of Ordinance 60-O-12 granting a special use permit for the operation of a Type II Restaurant (“Blues”) at 1806 Church Street. Suspension of the Rules is requested for Introduction and Action on June 11, 2012. For Introduction and Action (P2)Ordinance 38-O-12 Amending Various Portions of the City Code Relating to Bed & Breakfast Establishments The Plan Commission recommends approval of Ordinance 38-O-12 amending the Zoning Ordinance to modify the regulations concerning bed and breakfast establishments. During its meeting of May 14, 2012, the Planning and Development Committee requested that staff further research and clarify certain issues. This ordinance was held in Committee on April 23, 2012 and May 14, 2012. For Introduction (P3)Ordinance 39-O-12 Amending Portions of the Zoning Ordinance Related to Home Occupations Staff recommends City Council approval of Ordinance 39-O-12 as revised. Proposed Ordinance 39-O-12 amends the Zoning Ordinance to reflect the recommendations of the Plan Commission based on a referral of a previous draft of this proposed Ordinance by the P&D Committee during its February 13, 2012 meeting. This ordinance was introduced at the May 14, 2012 City Council meeting. For Action (O3)Resolution 48-R-12 Authorizing the Technology Innovation Center (TIC) 2012 Funding Request The Economic Development Committee and staff recommend approval of Resolution 10 of 508 Minutes June 11, 2012 Page 4 of 10 48-R-12 authorizing the City Manager to execute the third Modification to the Funding Agreement with the Technology Innovation Center (“TIC”) and approval of a $25,000 grant to the TIC for assistance with staffing and programming costs for a three month period, April 1, 2012 through June 30, 2012. For Action CONSENT AGENDA (M1)Approval of Minutes of the Regular City Council Meeting of May 21, 2012 (M2)Approval of Minutes of the Regular City Council Meeting of May 29, 2012 ADMINISTRATION & PUBLIC WORKS COMMITTEE (A1)City of Evanston Payroll through 05/20/12 $2,704,051.33 (A2)City of Evanston Bills FY2012 through 06/12//12 $5,892,681.27 Credit Card Activity through April 30, 2012 $ 121,807.57 (A3)Approval of Contract Award to Jasco Electric Corporation for the 2012 Sherman Garage Light Pole Project, (Bid 12-129) Staff recommends that the City Council authorize the City Manager to execute a contract with Jasco Electric Corporation (2750 Barney Court, McHenry, IL) for the 2012 Sherman Plaza Garage Light Pole Project in the amount of $56,720. Funding for this project (Capital Improvement Project #416138) is provided by the Parking Fund, Account 7005.65515 with a budget of $800,000. For Action (A4)Approval of December 31, 2011 GASB 45 Other Post Employment Benefits (OPEB) Report Staff recommends City Council accept and place the December 31, 2011 GASB 45 Other Post Employment Benefits (OPEB) Report on file. As a part of the Annual Financial Report, the City is required to provide an evaluation of the total liability of all other post employment benefits (OPEB). For Action (A5)Resolution 25-R-12 Authorizing the Release of Closed Session Minutes Staff recommends City Council approval of Resolution 25-R-12 authorizing the release of the closed session meeting minutes listed on Exhibit A and finding that a need still exists for confidentiality as to the minutes on Exhibit B. (A8)Resolution 45-R-12 Approving the Amended FY 2012 Capital Improvement Program Staff recommends approval of Resolution 45-R-12 amending the FY 2012 Capital Improvement Program (CIP). The proposed resolution would increase the FY 2012 CIP by $4,613,000 from $36,783,358 to $41,396,358. For Action 11 of 508 Minutes June 11, 2012 Page 5 of 10 (A9)Resolution 47-R-12 Relating to Prevailing Wages for Public Works Projects Staff recommends City Council approval of Resolution 47-R-12 relating to the prevailing wage for public works projects in Cook County as established by the Department of Labor. For Action (A10)Resolution 49-R-12 Appointing a Delegate and an Alternate Delegate to the Intergovernmental Personnel Benefit Cooperative (IPBC) Staff recommends appointing Assistant City Manager/Treasurer Martin Lyons as the City’s delegate to the Intergovernmental Personnel Benefit Cooperative (IPBC), and Human Resources Division Manager Cheryl Chukwu as the alternate delegate. For Action (A11)Resolution 12-R-12 Regarding Howard/Hartrey TIF Surplus Distribution Staff recommends the City Council approve Resolution 12-R-12 declaring a surplus of $1.3M from the Howard/Hartrey Tax Increment Financing (TIF) District at the end of Fiscal Year 2011. This item was held in the Administration and Public Works Committee meeting on December 12, 2011. For Action (A13)Ordinance 65-O-12 Amending Portions of Title 3, “Hotel-Motel Tax” Staff recommends adoption of Ordinance 65-O-12, amending Ordinance 28-O-73, an ordinance establishing the Hotel Tax. This Ordinance was originally adopted with the provision that hotel taxes would be deposited into the City’s General Fund. In 2000-01 as part of the Annual Budget approval these funds were moved to the Economic Development Fund. This amendment will update the City Code to reflect current practice. For Introduction (A14)Ordinance 50-O-12 Amending Title 10, Motor Vehicles and Traffic, Chapter 11, Prohibited Parking to Add Lincoln Street, South Side, Sheridan Road East to Campus Drive The Transportation/Parking Committee and staff recommend that the City Council approve Ordinance 50-O-12 amending Title 10, Motor Vehicles and Traffic, Chapter 11, Traffic Schedules, Section 8, Prohibited Parking at All Times, Schedule VIII(A) of the Evanston City Code, to add Lincoln Street, South Side, Sheridan Road east to Campus Drive. This ordinance was introduced at the May 29, 2012 City Council meeting. For Action (A15)Ordinance 51-O-12 Amending Title 10, Motor Vehicles and Traffic, Chapter 11, Prohibited Parking During Certain Hours on Davis Street The Transportation/Parking Committee and staff recommend that the City Council approve Ordinance 51-O-12 amending Title 10, Motor Vehicles and Traffic, Chapter 11, Traffic Schedules, Section 9, Prohibited Parking during certain hours on Davis Street. This ordinance was introduced at the May 29, 2012 City Council meeting. 12 of 508 Minutes June 11, 2012 Page 6 of 10 For Action (A16)Ordinance 45-O-12, Authorizing the Sale of Surplus Property Staff recommends the City Council approve Ordinance 45-O-12 authorizing the City Manager to publicly offer for sale various vehicles and equipment owned by the City through public auction. The vehicles and equipment are either presently out of service or will be, and are assigned to various divisions/departments within the City of Evanston. This ordinance was introduced at the May 29, 2012 City Council meeting. For Action (A17)Ordinance 54-O-12 Authorizing the Lease Agreement with the League of Women Voters of Evanston Staff recommends City Council approval of Ordinance 54-O-12 authorizing the City Manager to negotiate and execute a new three-year lease agreement with the League of Women Voters of Evanston for lease of Room 1030 in the Civic Center. This ordinance was introduced at the May 29, 2012 City Council meeting. For Action HUMAN SERVICES (H1)Approval of Township of Evanston May 2012 Payroll and Bills Township of Evanston Supervisor recommends that City Council approve the Township of Evanston bills, payroll, and medical payments for the month of May 2012 in the amount of $112,354.48. Funding is provided by the Township budget. For Action (H2)Resolution 39-R-12 Regarding the Noyes Cultural Arts Center Staff recommends that the City Council approve Resolution 39-R-12 authorizing the City Manager to adjust tenant lease conditions at the Noyes Cultural Arts Center as of January 1, 2013, addressing funding of future Capital Projects at the Center and recognition of Noyes Tenants Association. For Action ECONOMIC DEVELOPMENT COMMITTEE (O1)Approval for Financial Assistance through the Façade Improvement Program for Unicorn Café (1732 Sherman Avenue) The Economic Development Committee and staff recommend approval for financial assistance for façade improvements for Unicorn Cafe, located at 1732 Sherman Avenue on a 50/50 cost-sharing basis not to exceed $1,050. Funding will be provided by the Economic Development Fund’s Business District Improvement Account: 5300.65522. For Action (O2)Approval of Financial Assistance through the Façade Improvement Program for Koi Restaurant (624 Davis Street) 13 of 508 Minutes June 11, 2012 Page 7 of 10 The Economic Development Committee and staff recommend approval for financial assistance for façade improvements for KOI Restaurant, located at 624 Davis Street on a 50/50 cost-sharing basis not to exceed $1,975. Funding will be provided by the Washington-National Tax Increment Financing Fund – Other Charges Account: 5470.62605. For Action APPOINTMENTS (APP1)For Appointment to: Arts Council Carole Bass Arts Council Dino Robinson Arts Council Jacqueline Williams Arts Council Cedric Young Board of Ethics Kelda Harris-Harty Housing Commission Suzanne Calder Housing Commission Sidney Caselberry Items for discussion: (A6)Resolution 38-R-12 Authorizing the Acquisition of Real Property Located at 1801-05 Church Street through Condemnation or Other Means Staff recommends the approval of Resolution 38-R-12 authorizing the City Manager to negotiate the acquisition of the real property at 1801-05 Church Street through condemnation or other means. Staff recommends adoption of this resolution in order to provide the City with as many options to acquire the property, including eminent domain, as possible, and out of a desire to limit the City's liability for environmental remediation issues. For Action Alderman Burrus motioned for approval with a second, and with a 7-1 aye the motion passed (Alderman Burrus voted nay). (A7)Resolution 44-R-12 Amending the FY2012 City of Evanston Budget Staff recommends approval of Resolution 44-R-12 – Authorization to amend the FY 2012 Budget. The proposed amendment would increase the FY 2012 Budget Appropriation by $8,763,000, from $250,096,993 to $258,859,993. For Action Alderman Burrus motioned for approval with the following amendments: $8,763.00 to $8,463.00; $250,096.93 to $258,559.93 and it was seconded. The Roll Call vote was 8- 0 and the motion passed. (A12)Ordinance 58-O-12 for Designation of the Proposed Chicago/Main Tax Increment Financing District Staff recommends adoption of Ordinance 58-O-12, which will initiate the public hearing process for designation of the proposed Chicago/Main Tax Increment Financing (TIF) District. 14 of 508 Minutes June 11, 2012 Page 8 of 10 For Introduction Alderman Burrus invited Alderman Wynne to speak, and she stated she asked for the item to be removed from the Agenda entirely to gain further understanding and input. Alderman Burrus motioned to take the item off the Consent Agenda and it was seconded. With a unanimous voice vote the item was removed. (A18)Ordinance 55-O-12 Approving a Tax Increment Redevelopment Plan and Redevelopment Project for the Dempster/Dodge Redevelopment Area Staff recommends City Council adoption of Ordinance 55-O-12. This ordinance was introduced at the May 29, 2012 City Council meeting. For Action This item was tabled. (A19)Ordinance 56-O-12 Designating the Dempster/Dodge Redevelopment Project Area (“TIF District”) of the City of Evanston a Redevelopment Project Area Pursuant to the Tax Increment Allocation Redevelopment Act Staff recommends City Council adoption of Ordinance 56-O-12. This ordinance was introduced at the May 29, 2012 City Council meeting. For Action This item was tabled. (A20)Ordinance 57-O-12 Adopting Tax Increment Allocation Financing for the Dempster/Dodge Redevelopment Project Area Staff recommends City Council adoption of Ordinance 57-O-12. This ordinance was introduced at the May 29, 2012 City Council meeting. For Action This item was tabled. (P1)Ordinance 60-O-12, Granting a Special Use for a Type II Restaurant at 1806 Church Street (“Blues”) Zoning Board of Appeals and City staff recommend the adoption of Ordinance 60-O-12 granting a special use permit for the operation of a Type II Restaurant (“Blues”) at 1806 Church Street. Suspension of the Rules is requested for Introduction and Action on June 11, 2012. For Introduction and Action Alderman motioned for suspension of the rules with a second, a Roll Call vote was completed with the result of 7-0 and the motion passed (Alderman Braithwaite was not in the chamber). It was motioned for approval with a second, and a Roll Call vote was completed with the result of 7-0 and the motion passed (Alderman Braithwaite was not in the chamber). (P2)Ordinance 38-O-12 Amending Various Portions of the City Code Relating to Bed & Breakfast Establishments The Plan Commission recommends approval of Ordinance 38-O-12 amending the Zoning Ordinance to modify the regulations concerning bed and breakfast establishments. During its meeting of May 14, 2012, the Planning and Development Committee requested that staff further research and clarify certain issues. This ordinance was held in Committee on April 23, 2012 and May 14, 2012. 15 of 508 Minutes June 11, 2012 Page 9 of 10 For Introduction This item was held over until the next meeting. (P3)Ordinance 39-O-12 Amending Portions of the Zoning Ordinance Related to Home Occupations Staff recommends City Council approval of Ordinance 39-O-12 as revised. Proposed Ordinance 39-O-12 amends the Zoning Ordinance to reflect the recommendations of the Plan Commission based on a referral of a previous draft of this proposed Ordinance by the P&D Committee during its February 13, 2012 meeting. This ordinance was introduced at the May 14, 2012 City Council meeting. For Action Alderman Holmes motioned for approval with a second, and the vote was 7-1. Th motion was passed (Alderman Rainey voted nay). (O3)Resolution 48-R-12 Authorizing the Technology Innovation Center (TIC) 2012 Funding Request The Economic Development Committee and staff recommend approval of Resolution 48-R-12 authorizing the City Manager to execute the third Modification to the Funding Agreement with the Technology Innovation Center (“TIC”) and approval of a $25,000 grant to the TIC for assistance with staffing and programming costs for a three month period, April 1, 2012 through June 30, 2012. For Action Alderman Tendam motioned for approval and it was seconded. A Roll Call vote was taken with a 7-1 for approval and the motion passed (Alderman Rainey voted nay). Call of the Wards Ward 3, Alderman Wynne mentioned how the viaduct isn’t finished but she thanked the staff and all who assisted in moving forward with the restoration and that Metra’s viaduct will be their next project. Ward 4, Alderman Wilson stated he would like to see most of the listeners at the Race Against Hate this weekend. Ward 5, Alderman Holmes had no report. Ward 6, Alderman Tendam thanked Dave Stoneback and his crew for all of the water main repairs on Central Street, and for the Central Street residents the water vein will be replaced by mid summer. Ward 8, Alderman Rainey thanked everyone for the viaduct project, and the 607 Howard Street Bakery will be opening this Friday, the Wine bar residents moved in today, and the delivery of the Best Buy donations. Ward 9, Alderman Burrus mentioned the children are now out of school and asked the motorist to be more careful concerning the children near parks and schools, as well as mentioning the accident along Oakton. She stated the Evanston Now reported the biggest accidents have occurred around the Oakton School. She also warned the cycle enthusiasts to beware of the cars turning right, because she and Alderman Wilson both 16 of 508 Minutes June 11, 2012 Page 10 of 10 almost got hit by motorists turning right on red. Ward 1, Alderman Fiske stated she noticed bicycle riders stopping at stop signs and red lights in the downtown area. She also made a referral to the Planning and Development Committee. She wants to talk about replacing the Fountain Square’s Fountain. She stated the fun she had watching and starring at the viaduct replacement on Chicago Ave. Ward 2, Alderman Braithwaite announced his Thursday, June 14th ward 2 meeting to meet the owners of the Chicken & Waffle, the Police crime report and continued discussion of the Dempster/Dodge TIFF, and presentations from Leadership Evanston. Alderman Wilson motioned to convene into an Executive Session to discuss Personnel, Collective Bargaining, Litigation, and Minutes. With a unanimous voice vote the regular Council meeting ended at 9:45 pm. Submitted by Hon. Rodney Greene/City Clerk 17 of 508 DRAFT MINUTES JUNE 18, 2012 CITY COUNCIL MEETING CITY OF EVANSTON, ILLINOIS LORRAINE H. MORTON CIVIC CENTER 2100 RIDGE AVENUE, EVANSTON 60201 COUNCIL CHAMBERS Monday, June 18, 2012 7:00 p.m. Roll Call: Alderman Wilson Alderman Burrus Alderman Holmes Alderman Fiske Alderman Tendam Alderman Braithwaite Alderman Grover Alderman Wynne Alderman Rainey Presiding: 7:08 PM Mayor Elizabeth B. Tisdahl Mayor Tisdahl called the Regular Meeting of the City Council to order at 7:05 pm. Mayor Public Announcements and Proclamations Mayor Tisdahl presented Mr. Carlson with a framed certificate for the many years of service to the Evanston community through the Bookman’s Alley that will be closing very soon it was entitled “Roger Carlson Bookman’s Alley Certificate. Mr. Roger Carlson thanked everyone and then stated a saying of his “Look both ways before crossing a one-way street”. Alderman Wilson commented on how much he appreciated Mr. Carlson and the Bookman Alley, because he had spent many hours visiting his shop. City Manager Presentations and Announcements CTA Work and Construction Project Updates Summer Events mentioned are as follows: Custer Street Fair, Fountain Square Arts Festival, Ricky Byrdsong “Race Against Hate”. Before citizen comments were given Mayor Tisdahl read a statement concerning proper comments and only those in the jurisdiction of the Council, as well as what would occur if redundant statements were made. Citizen Comment Jeff Smith, 2724 Harrison mentioned the new position of the podium and suggested it be positioned somewhere else. He also commented on the Climate Action Plan and how it is working for all entities involved, and he complimented all who are working together in reducing the carbon footprint in Evanston. B.K. Rao, 2246 Sherman spoke of the Tree City Award but the City does nothing to save trees. She also accused the Mayor of not wanting to hear from anyone speaking for the trees. 18 of 508 Minutes June 18, 2012 Page 2 of 6 2 Padma Rao, 2246 Sherman stated the Council gives lip-service and no action towards preserving trees or a Climate Action Plan. She stated trees produce oxygen that we need, removes carbon dioxide from the air, and increases the value of homes. She then mentioned the Kendall decision to kill two dozen mature trees, and at that point the Mayor informed her that the matter had been resolved and turned the microphone off. Ms. Rao continued to talking by raising her voice and disagreeing with the Mayor and calling her a dictator. SPECIAL ORDERS OF BUSINESS (SP1)Hispanic Outreach Report: Evanston en Español Accept the report for an expanded plan for Hispanic outreach as a collaborative effort between the Evanston Public Library and the Citizen Engagement Division. For Action Ms. Lyons, Library Director came forward to announce the inclusion of the Hispanic community and how there has been a mechanism to translate English to Spanish as well as some other languages. She also works with District 65 and looking at other partnerships to provide better customer services. Ms. Hernandez, Citizen Engagement Coordinator gave part two of the outreach initiative. She announced the website they had put into place, but they are still tweaking the site to include as much information as they can gather. (SP2)2012 Safety Goal Update Staff recommends City Council accept the Pedestrian Safety Report and authorize staff to proceed with the report’s recommendations in the attached presentation. For Action Richard Eddington, Chief of Police, and Suzette Robinson, Director of Public Works gave a power-point presentation concerning a joint effort to improving safety for the City of Evanston’s residents as well as traffic flow. Chief Eddington stated there has been a 12% decrease of crime due to many added procedures that aided in this decrease. He also introduced Sgt. Patrick Moran to the Council and public at large. Chief Eddington pointed out the following facts: . Enforcement of Traffic laws: 17 DUI’s, 13 suspended arrests, 3 felony arrests, 3 drug arrests, 1 fugitive apprehended, 1 reckless driving arrest, 157 seat belt citations, 64 uninsured motorist citations, 46 cell phone citations, 4 child safety-seat citations, 142 other motor vehicle citations; 2,458 traffic crashes (2,151 on Evanston roadways), a 16.5% decrease in crashes over a 4 year period, there were 94 roadway crashes with injuries (Jan. – May 2012). Ms. Robinson then gave the second half of the presentation with these following initiatives: • Traffic Signals Upgrade & Coordination (36 in the last 5 years, 16 in process – state & Federally funded) • Traffic Measures (signs, markings, speed humps etc.) • Major Roadway Resurfacing (better friction and drainage) 19 of 508 Minutes June 18, 2012 Page 3 of 6 3 • Maintenance (earlier de-icing, better plowing and pot-hole repairs) • Right-of-Way Permits (stricter traffic control and pavement restoration) • Enforcement • Cell phone ban Uncontrolled Signed Crossings (No Traffic Signals or No all-way Stop signs) Designations/Categories • Designated school crossings: Elementary/Middle Schools – 9 High School – 8 • Senior Crossings – 3; Park Crossings – 11 • Special Request Crossings – 3; Other Crossings – 19 Uncontrolled Designated School Crossings Advance School Crossing; In-Street - State Law High-visibility Markings; Side of Street - State Law At Intersection Crossing Uncontrolled Designated School Crossings Improvement options: LED Blinker School Crossing Sign; Solar Powered • Pushbutton activated; Special Pavement Markings • Special pedestrian crossing pattern • Special sidewalk markings at approach to crossing Uncontrolled Senior Crossings Existing Treatment: • Advance Pedestrian Crossing Signs • At Intersection sign/senior citizen/arrow • State Law sign (side of street) • State Law sign (in street) • High visibility reflective markings • Sidewalk Bump-outs Improvement Option: • Complete sidewalk bump-outs Uncontrolled Park Crossings Existing Treatment: • Advance Pedestrian Crossing Signs • At Intersection sign/arrow • State Law sign (side of street) • Crossing Flags • High visibility reflective markings • Sidewalk Bump-outs Improvement Options: • Place flags at all crossings • Complete sidewalk bump-outs in conjunction with street resurfacing projects Special Request Crossings Existing Treatment: • Advance Pedestrian Crossing Signs • At Intersection sign/arrow • State Law sign (side of street) • State Law sign (in street) • High visibility reflective markings • Sidewalk Bump-outs 20 of 508 Minutes June 18, 2012 Page 4 of 6 4 Improvement Options • To be determined Other Uncontrolled Pedestrian Crossings Existing Treatment: • Advance Pedestrian Crossing Signs • At Intersection sign/arrow • State Law sign (side of street where requested) • High visibility reflective markings Improvement Options: • Complete signs as needed and as budget allows Recommendations Establish an evaluation committee consisting of the following: • Northwestern Traffic Institute • Traffic Engineering Consultant • Police Department • Public Works Department Recommendations • Request a special City Council meeting be held on August 6th in lieu of Rules Committee • Request additional study areas from the City Council Evaluation Committee Tasks Recommended Study Areas: • Crosswalk priority designation and categories • Review safe walk route to schools • Evaluate crossing guard placements • Establish city-wide safe routes education Program • Placement of permanent radar speed displays • Identify additional sidewalk bump-outs /crosswalk locations. • Citywide speed reduction to 25 mph on all major streets. (SP3)Evanston Climate Action Plan Update and 2012 Implementation Plan Staff recommends acceptance of the 2011 Evanston Climate Action Plan (ECAP) Update and approval of the 2012 ECAP Implementation Strategy. For Action Catherine Hurley, Sustainable Programs Coordinator presented an update of where the City is in the proposed Climate Action Plan that was developed four (4) years ago. Below is a sample of the information she shared with her power-point presentation: Greenhouse gas emissions for the Evanston Community have decreased by 4% or 36,151 metric tons of carbon dioxide equivalent (MTC02e). In total, greenhouse gas emissions have decreased by 4% or 42,049 metric tons of carbon dioxide equivalents (MTC02e). Emission reductions for the city’s municipal operations are the result of the city efficiency projects and programs, many of which have been funded through federal and state grants. These programs have resulted in a measurable reduction in operational emissions. 21 of 508 Minutes June 18, 2012 Page 5 of 6 5 Awards and Recognition In Illinois, Evanston was one of only five local governments that received the 2011 Governors’ Sustainability Award for the city’s significant achievements in protecting the environment, helping sustain the future, and improving the economy. The National Environmental Hall of Fame Award was presented to Evanston for the city’s work in creating and implementing projects that address social, environmental and financial aspects of sustainability. The U.S. Conference of Mayors selected Evanston from the pool of 130 applicants for the 2011 Climate Protection Award for the City’s efforts to increase energy efficiency and reduce greenhouse gas emissions. Award sponsor Walmart provided a $15,000 check which was donated to the not‐for‐profit organization, Citizens’ Greener Evanston, to continue support for Climate Action Plan implementation. The City of Evanston received the Charles Walter Nicholas Award for Environmental Excellence for its sustainability practices from the American Public Works Association Suburban Branch. Strategies for reducing Green House Gas Emissions include increasing public transportation, car‐sharing programs, biking, and walking in Evanston and supporting affordable housing and transit oriented development. Over the past several years, the city’s Fleet Services has worked with various divisions and departments to improve the efficiency of the fleet including the removal of 49 older and high emission vehicles from the fleet in the past 3 years. This effort has helped the city to reduce operational transportation emissions and also reduce future capital expenditures by $1.9 million. The number of people boarding the CTA train increased by 2.7% from 2010‐2011, from 9,843 in 2010 to 10,105 in 2011 as the weekday daily average number of riders for the Purple Line. In addition, ridership for the bus routes has also increased. The Ridge/Central bus route increased by 5.6%, Central/Sherman increased by 10.4%, Chicago/Golf increased by 8.9%, and the Evanston Circulator increased by 5.2%. The I‐GO program in Evanston, which already has eleven cars in its fleet, is in the process of constructing solar charging stations so that electric cars can be added to their fleet. According to the State of Illinois, converting from a gas powered to an electric vehicle results in a 23% reduction in vehicle emissions. Evanston NSP2 In 2011, Evanston was awarded a $18.15 million grant from the Department of Housing and Urban Development designed to help stabilize portions of West and South Evanston as well as generate economic opportunities for local residents and businesses. Under Evanston’s Neighborhood Stabilization Program 2, the City is partnering with Brinshore Development to acquire abandoned and Foreclosed properties and then rehabilitate them for income‐eligible households. These homes are Available to households under 120% of the area median income and will be held to this agreement for the next fifteen years. 22 of 508 Minutes June 18, 2012 Page 6 of 6 6 Summary of Emissions Reduction Through new programs, events and technology in Evanston, greenhouse gas emissions were successfully reduced in a large spectrum of areas. From vehicle to electricity to gas, Evanston’s emissions have seen a decline due to the new awareness, standards and programs that have been implemented. While emissions have greatly decreased for the City of Evanston buildings, community emissions remain an opportunity for continued reductions and an area that will be focused on in the upcoming year. Ms. Hurley stated this coming year there will be a continued focus on energy efficiency, transportation, and recycling and waste reduction. Building on the previous projects and events, an emphasis will be placed upon evaluating these prior plans and using this information to help implement new ideas and projects. PLANNING & DEVELOPMENT COMMITTEE (P1)Ordinance 38-O-12 Amending Various Portions of the City Code Relating to Bed & Breakfast Establishments During its meeting of June 11, 2012, the Planning and Development Committee recommended three amendments to Ordinance 38-O-12 and moved for Introduction at City Council. City Council held the ordinance at their June 11, 2012 until the next City Council meeting of June 18, 2012. For Introduction This item was tabled until the July 9, 2012 Regular City Council Meeting. APPOINTMENTS (APP1)For Appointment to: Arts Council Rebeca Mendoza Board of Ethics Bonnie Lockhart Housing Commission Sandra Hill Compensation Committee Matt Barton Compensation Committee Suzanne Calder Compensation Committee Mildred Harris Compensation Committee Tim Pareti Compensation Committee Al Telser Compensation Committee Kelvin Walsh Alderman Wilson moved for approval of the appointments with an amendment, and with a second and a unanimous voice vote for yes the appointments were approved. A motion to adjourn was made and seconded and with a unanimous voice vote the meeting ended at 10:30 pm. Submitted by, Hon. Rodney Greene, City Clerk 23 of 508 Page 1 of 5 Rev. 6/21/2012 4:36:20 PM ADMINISTRATION & PUBLIC WORKS COMMITTEE Monday, June 25, 2012 5:45 p.m. Lorraine H. Morton Civic Center, 2100 Ridge Avenue, Evanston Council Chambers AGENDA I. DECLARATION OF A QUORUM: ALDERMAN BURRUS, CHAIR II. APPROVAL OF MINUTES OF REGULAR MEETING OF June 11, 2012 III. ITEMS FOR CONSIDERATION (A1) City of Evanston Payroll through 06/03/12 $2,577,994.87 (A2) City of Evanston Bills FY2012 through 06/26/12 $3,936,198.81 (A3.1) Approval of Agreement with MWH Americas, Inc. for an Engineering Study for Water Supply Transmission Main to Potential New Wholesale Water Customers (RFP 12-131) Staff recommends City Council authorize the City Manager to execute an agreement for an engineering study for a water supply transmission main to potential new wholesale water customers (RFP 12-131) with MWH Americas, Inc. (175 W. Jackson Blvd, Suite 1900, Chicago, IL) in the not-to-exceed amount of $149,800. Funding for Evanston’s portion of the agreement in the amount of $21,400 will be from the Water Fund, account 7125.6218. Evanston’s partners in this study will reimburse the balance of the funding. For Action (A3.2) Approval of Contract with Badger Meter, Inc. for 2012 Water Meter Purchase (Bid No. 12-138) Staff recommends that City Council authorize the City Manager to execute a contract for the 2012 Water Meter Purchase (Bid No. 12-138) to Badger Meter, Inc. (4545 West Brown Deer Road, Milwaukee, WI) in the amount of $64,090.10. Funding will be from the Water Fund, Account 7120.65070 and Account 7125.65080 with total allocations of $85,000 for FY 2012. For Action 24 of 508 Page 2 of 5 Rev. 6/21/2012 4:36:20 PM (A3.3) Approval of Contract with Palatine Oil Company, Inc for 2012 Fuel Purchases Staff recommends that City Council authorize the City Manager to execute a contract for the last six (6) months of Fiscal Year 2012 fuel purchases in the amount of $500,000 from Palatine Oil Company Incorporated, (900 National Parkway, Schaumburg, IL). Palatine Oil Company is the Northwest Municipal Conference Bid winner for all grades and types of fuels that are utilized by City vehicles. Funding is provided from the Fleet Services Major Maintenance Budget for Automotive Equipment Account 7710.65035. For Action (A3.4) Approval of Contract with Infrastructure Management Services for Comprehensive Pavement Condition Evaluation and Right-of-Way Asset Management Staff recommends that the City Council authorize the City Manager to execute a contract with Infrastructure Management Services (1895-D Rohlwing Road, Rolling Meadows, IL) in the amount of $139,708.50 for pavement condition evaluation and right-of-way asset management. Funding will be provided by the Capital Improvement Program (Account #415921), which has a budget of $200,000. For Action (A3.5) Approval of Emergency Contract with PBR Chicago for Noyes Cultural Arts Center Northeast Chimney Repair Emergency repair work in the amount of $23,785 was authorized on June 13, 2012, by City Manager Wally Bobkiewicz for the northeast chimney at the Noyes Cultural Arts Center. Staff recommended award of this contract for emergency repairs to PBR Chicago (540 W. Frontage Road, Northfield, IL). Funding is provided by Capital Improvement Program Project #415663, with a total budget allocation of $120,000. For Action (A3.6) Approval of Contract for Purchase of One (1) Replacement Engine from Pierce Manufacturing for Evanston Fire and Life-Safety Services Staff recommends City Council approval to purchase one (1) replacement engine for Evanston Fire & Life Safety Services as follows; Pierce Manufacturing Inc., (2600 American Drive, Appleton, WI) in the amount of $578,238. Funding is provided by the Equipment Replacement Fund Account 7780.65550 using the Northwest Municipal Conference Suburban Purchasing Cooperative Competitive Bid. For Action 25 of 508 Page 3 of 5 Rev. 6/21/2012 4:36:20 PM (A3.7) Approval of Single Source Purchase of Street Furniture from Landscapeforms for Church Street, Hartrey Avenue and the Lorraine H. Morton Civic Center Staff recommends City Council approval of purchase of street furniture items from Landscapeforms (431 Lawndale Avenue, Kalamazoo, MI) in the amount of $227,689. Funding is provided by the Washington National TIF in the amount of 118,689, Howard Hartrey TIF in the amount of $22,185, and the General Fund Street Maintenance Account 2670.65055 in the amount of $7,830. (A4) Approval of Change Order for Extension of Utility Bill Print and Mail Services with Third Millennium Associates, Inc. Staff recommends that the City Council authorize the City Manager to execute Change Order # 1 for a 1-year extension with Third Millennium Associates, Inc. (4200 Cantera Drive, Suite 105, Warrenville, IL) in the amount of $17,827.98 to provide utility bill printing and mailing services at the same pricing as obtained in June of 2009. Funding is shared between the water fund and the sewer fund, in accounts 7125.62455 and 7400.62455, which have a total combined budget allocation of $19,600 for FY2012. For Action (A5) Approval of Request for Proposal 12-142: Depository and Various Other Banking Services Staff recommends that the City Council authorizes the City Manager to distribute a request for proposal (RFP) for banking services. These services will include all payroll, accounts payable and optional investment services. For Action (A6) Resolution 28-R-12 Authorizing the City Manager to Sign a City of Evanston Community Public Art Program Agreement with Krivanek + Breaux / Art +Design LLC for Artwork at the Sherman Garage Public Art Committee members recommend approval of a $75,000 commission for the artist team of Krivanek + Breaux to create a new work of public art at the Sherman Plaza garage, titled Search & Effect. Funding for this project is provided through the Percent for Art Program by the Washington TIF Fund #4. For Action (A7) Resolution 50-R-12 by Authorizing the Use of Motor Fuel Tax Funds for Additional Roadway Resurfacing Project Staff recommends City Council approval of Resolution 50-R-12 authorizing the use of Motor Fuel Tax Funds (MFT) in the amount of $300,000 for the 2012 additional MFT Street Resurfacing Project. Funding for this project is provided by the Motor Fuel Tax Fund (# 200). For Action 26 of 508 Page 4 of 5 Rev. 6/21/2012 4:36:20 PM (A8) Resolution 51-R-12, Authorizing the City Manager to Execute a Letter of Understanding for the Lease of 727-729 Howard Street to City Lit Theatre Company Staff recommends approval of Resolution 51-R-12, authorizing the City Manager to negotiate and execute a second Letter of Understanding between the City of Evanston and City Lit Theater for the consideration of a lease-to-own agreement at City-owned property at 727-729 Howard Street. This second Letter of Understanding extends the time allowed for the City to negotiate exclusively with City Lit Theatre. For Action (A9) Resolution 52-R-12 Authorizing the City Manager to Execute a Contract for the Purchase of Real Property Located at 1801-05 Church Street Staff recommends the approval of Resolution 52-R-12 authorizing the City Manager to execute a contract for the purchase of real property located at 1801- 1805 Church Street for an amount not to exceed $127,000 from E-Town Community Ventures LLC. For Action (A10) Ordinance 63-O-12 Authorizing Negotiation to Sell City-Owned Property at 1131 Sherman Staff recommends adoption of Ordinance 63-O-12 authorizing the City Manager to negotiate the sale of a City-owned vacant lot located at 1131 Sherman Avenue, Evanston, Illinois 60202 to Mark Hammergren. For Introduction (A11) Ordinance 64-O-12; Authorizing the City Manager to Execute a Real Estate Contract for the Sale of 1131 Sherman Avenue Staff recommends adoption of Ordinance 64-O-12 directing the City Manager to execute a real estate contract for the sale of a City-owned vacant lot at 1131 Sherman Avenue, Evanston, Illinois 60202 to Mark Hammergren. For Introduction (A12) Ordinance 67-O-12 Approval of 2012 General Obligation Bond Issue Staff recommends approval of proposed ordinance number 67-O-12 for the FY 2012 bond issuance totaling $16.22M. The ordinance will be completed and signed after the bond sale date, which is tentatively scheduled for July 10, 2012. For Introduction (A13) Ordinance 68-O-12, Increasing the Number of Class C Liquor Licenses to Permit Issuance to Montarra Restaurant Group The Local Liquor Commissioner recommends adoption of Ordinance 68-O-12, amending Subsection 3-5-6-(C) of the Evanston City Code of 1979, as amended, to increase the number of Class C liquor licenses from 29 to 30 to permit issuance to Montarra Restaurant Group, LLC d/b/a Terra, 2676 Green Bay Road. Suspension of the Rules is requested to allow for Introduction and Action on June 25, 2012. For Introduction and Action 27 of 508 Page 5 of 5 Rev. 6/21/2012 4:36:20 PM (A18) Resolution 54-R-12 Authorizing an Agreement with Bonnie Management for TIF Eligible Expenses at the Evanston Plaza Shopping Center Staff recommends the approval of Resolution 54-R-12 authorizing the City Manager to negotiate a TIF redevelopment agreement with Bonnie Management for an amount not to exceed $2 million for TIF eligible expenses for the real property located at 1900 Dempster at the Evanston Plaza Shopping Center. For Action IV. ITEMS FOR DISCUSSION (APW1) Recycling Center Lease Agreement with Evanston Sports Federation (APW2) Cars Parking Too Close V. COMMUNICATIONS VI. ADJOURNMENT 28 of 508 Page 1 of 5 Administration and Public Works . MEETING MINUTES Administration & Public Works Monday, June 11, 2012 5:45P.M. Lorraine H. Morton Civic Center, 2100 Ridge Avenue, Evanston Council Chambers Members Present: Ald. Braithwaite, Ald. Burrus, Ald. Holmes, Ald. Rainey Members Absent: Ald. Grover Staff Present: Wally Bobkiewicz, Godwin Chen, Cheryl Chukwu, Dolores Cortez, Paul D’Agostino, Brandon Dieter, Chief Eddington, Grant Farrar, Doug Gaynor, Steven Griffin, Jewell Jackson, Lonnie Jeschke, Chief Klaiber, Karen Danczak Lyons, Marty Lyons, Joe McRae, Johanna Nyden, Nancy Radzevich, Suzette Robinson, David Stoneback, Rickey Voss, Paul Zalmezak Others Present: Ald. Wynne Presiding Member: Alderman Burrus ______________________________________________________________________ I. DECLARATION OF A QUORUM: ALDERMAN BURRUS, CHAIR With a quorum present, Chair Burrus called the meeting to order at 5:53 p.m. II. APPROVAL OF MINUTES OF REGULAR MEETING OF May 29, 2012 A voice vote was taken and the minutes of May 29, 2012 were unanimously approved. III. ITEMS FOR CONSIDERATION Ald. Wynne asked that item A12, Ordinance 58-O-12, be withdrawn from the agenda. She stated that meeting with merchants and other stakeholders has generated new ideas about changing the map boundaries. In order to do this, we need to remove this ordinance from the agenda and present a whole new one. It was moved and seconded that the item be withdrawn, the vote was unanimous. (A1) City of Evanston Payroll through 05/20/12 $2,704,051.33 A voice vote was taken and the Payroll through 05/20/12 was unanimously approved. (A2) City of Evanston Bills FY2012 through 06/12/12 $5,892,681.27 Credit Card Activity through 04/30/12 $ 121,807.57 Ald. Rainey clarified her question concerning payment to CarQuest Evanston Auto Parts. She had wanted it to be a statement, not a question. In the future, she suggested, the payments should explain what were the parts purchased. A voice vote was taken and the Bills List through 06/12/12 and the Credit Card activity through 04/30/12 were unanimously approved. 29 of 508 Page 2 of 5 Administration and Public Works (A3) Approval of Contract Award to Jasco Electric Corporation for the 2012 Sherman Garage Light Pole Project, (Bid 12-129) Staff recommends that the City Council authorize the City Manager to execute a contract with Jasco Electric Corporation (2750 Barney Court, McHenry, IL) for the 2012 Sherman Plaza Garage Light Pole Project in the amount of $56,720. Funding for this project (Capital Improvement Project #416138) is provided by the Parking Fund, Account 7005.65515 with a budget of $800,000. A voice vote was taken and A3 was unanimously approved. (A4) Approval of December 31, 2011 GASB 45 Other Post Employment Benefits (OPEB) Report Staff recommends City Council accept and place the December 31, 2011 GASB 45 Other Post Employment Benefits (OPEB) Report on file. As a part of the Annual Financial Report, the City is required to provide an evaluation of the total liability of all other post employment benefits (OPEB). A voice vote was taken and A4 was unanimously approved. (A5) Resolution 25-R-12 Authorizing the Release of Closed Session Minutes Staff recommends City Council approval of Resolution 25-R-12 authorizing the release of the closed session meeting minutes listed on Exhibit A and finding that a need still exists for confidentiality as to the minutes on Exhibit B. A voice vote was taken and A5 was unanimously approved. (A6) Resolution 38-R-12 Authorizing the Acquisition of Real Property Located at 1801-05 Church Street through Condemnation or Other Means Staff recommends the approval of Resolution 38-R-12 authorizing the City Manager to negotiate the acquisition of the real property at 1801-05 Church Street through condemnation or other means. Staff recommends adoption of this resolution in order to provide the City with as many options to acquire the property, including eminent domain, as possible, and out of a desire to limit the City's liability for environmental remediation issues. Paul Zalmezak (Economic Development Coordinator) started this item with a short slide presentation. The Department is asking that this resolution be passed as it limits the City’s liability from claims of environmental contamination from future owners of the property. If approved, the staff will return at a future meeting to seek authority to execute a contract to purchase. P. Zalmezak indicated that it is likely the owner of the property would accept an offer under $150,000, significantly less than the appraised value of $340,000. Even when including the total costs for the environmental studies, and the estimated $75,000 to remove the four underground storage tanks and remediate the site, the total acquisition cost of $217,265 remains significantly less than appraised value. The City’s acquisition of the property, according to Mr. Zalmezak will secure the property for future redevelopment and provide a level of certainty as the back taxes have been purchased by Phoenix Bond & Indemnity who has filed a petition for deed. Ald. Rainey asked if Mr. Daniel Cheifetz does not clear the taxes and penalties owed, (approximately $45,000 by the July 25 court date), does the property go to Phoenix Bond & Indemnity. P. Zalmezak confirmed that the property would transfer to Phoenix Bond at that time. P. Zalmezak stated that if Mr. Cheifetz wishes to sell the property to the City prior to July 25th, he has to pay the back 30 of 508 Page 3 of 5 Administration and Public Works taxes and penalties to clear the title. From preliminary conversations, Mr. Cheifetz indicated he is aware that clear title is a requirement to close a sale. Staff has not negotiated he said and nor have they communicated with Phoenix. Ald. Holmes asked if municipalities could redeem taxes and Grant Farrar (Corporation Counsel/City Attorney) said that their is no way for the City to do so at this late date. Ald. Rainey then asked when the last time was that the Legislature allowed for eminent domain in a TIF and stated they have not really keen on condemnation in the past she thought. P. Zalmezak said that he would have to do research on that subject and also reiterated that the City is not intending to use TIF to acquire the property through condemnation. Ald. Burrus wanted it clear that due to the environmental situation, no basement could be excavated. She stressed that the City plans to buy a contaminated property and that future development might be limited to only slab on-grade construction. P. Zalmezak agreed that the consultant’s estimate of $75,000 provides for a level of remediation allowing for future use as a surface parking lot or other cap like a park or garden. He added that this level of remediation is not uncommon for a service station site. Ald. Burrus asked how deep the consultant would need to dig to remove the soil and P. Zalmezak indicated that he believed the consultant indicated that a six inch layer of soil would be removed, but would need to review his notes or contact the consultant for specific depth (later determined and reported three foot depth for the footings of the foundations only, not the entire site). Ald. Burrus stressed that acquiring a contaminated property is a huge responsibility. There is no potential for redevelopment with remediation costing up to $100,000 plus and the limitations resulting for future redevelopment. Ald. Holmes asked if the four tanks will be removed and P. Zalmezak responded that if this resolution were approved, an agreement with the environmental consultant to remove the tanks and prepare the site to a condition to create a slab base for development would be signed. Ald. Burrus thought the $75,000 quote to clean- up the site was very low. P. Zalmezak noted that at 1459 Elmwood (the property Ald. Burrus referenced in comparison), Mr. Cohn (owner) only reported a rough estimate without having actually hired a consultant, at the time he presented to Economic Development Committee earlier this year. At that time, there was no environmental study to determine the level of contamination and remediation. Staff on the other hand has a firm estimate from a reputable environmental consultant. P. Zalmezak said the City has conducted as much due diligence one can do prior to removing the tanks according to the consultant. Ald. Rainey said that the City had approved a resolution allowing the owner to pursue a Class C tax option based on the fact that the cost of remediation exceeds a certain percent of the value of the property. If it did not exceed that actual remediation cost, then he would not be entitled to the tax exemption. Mr. Cohn said he would not apply for a Class C if the City of Evanston would not support his efforts to obtain this exemption. Ald. Rainey indicated she believed that now we are buying a piece of property that may not be saleable. Remediation now would make the property more saleable. I do not think we have enough information. Staff should be authorized to talk with Mr. Cheifetz and Phoenix Bond & Indemnity. She indicated she would like more real time information regarding Daniel Cheifetz willingness to clear the back taxes and fees and if staff had talked with Phoenix Bond & indemnity. P. Zalmezak restated that if the City Council agrees to acquire the property, Mr. Cheifetz has no choice but to pay the back taxes and fees to clear the title. Staff would return at a future date to seek authority to negotiate. This resolution does not include a contract. 31 of 508 Page 4 of 5 Administration and Public Works A voice vote was taken and A6 was approved 3 -1, Ald. Burrus voting no. (A7) Resolution 44-R-12 Amending the FY2012 City of Evanston Budget Staff recommends approval of Resolution 44-R-12 – Authorization to amend the FY 2012 Budget. The proposed amendment would increase the FY 2012 Budget Appropriation by $8,763,000, from $250,096,993 to $258,859,993. Ald. Rainey opened by stating that she has been fighting the closing of the Howard/Hartrey TIF. She recognized that it looks better to close one before opening another. She said she felt it should be allowed to go the duration and not be sacrificed so another TIF could be opened. Ald. Rainey said that she would like to amend the Howard/Hartrey part of this resolution to reduce the 1.3 million dollars to provide for surplus distribution to read 1.0 million dollars leaving $300,000 in reserves. This money could be use for infrastructure improvements. The area is in terrible disrepair. And, there are more large expenses to come. Marty Lyons (Assistant City Manager/CFO) reiterated Ald. Rainey’s proposal to change the 1.3 million figure to read 1.0 million dollars. Ald. Braithwaite seconded the amendment. A voice vote was taken and it was approved unanimously. A voice vote was taken and A7 was unanimously approved as amended (A8) Resolution 45-R-12 Approving the Amended FY 2012 Capital Improvement Program Staff recommends approval of Resolution 45-R-12 amending the FY 2012 Capital Improvement Program (CIP). The proposed resolution would increase the FY 2012 CIP by $4,613,000 from $36,783,358 to $41,396,358. A voice vote was taken and A8 was unanimously approved. (A9) Resolution 47-R-12 Relating to Prevailing Wages for Public Works Projects Staff recommends City Council approval of Resolution 47-R-12 relating to the prevailing wage for public works projects in Cook County as established by the Department of Labor. A voice vote was taken and A9 was unanimously approved. (A10) Resolution 49-R-12 Appointing a Delegate and an Alternate Delegate to the Intergovernmental Personnel Benefit Cooperative (IPBC) Staff recommends appointing Assistant City Manager/Treasurer Martin Lyons as the City’s delegate to the Intergovernmental Personnel Benefit Cooperative (IPBC), and Human Resources Division Manager Cheryl Chukwu as the alternate delegate. A voice vote was taken and A10 was unanimously approved. (A11) Resolution 12-R-12 Regarding Howard/Hartrey TIF Surplus Distribution Staff recommends the City Council approve Resolution 12-R-12 declaring a surplus of $1.3M from the Howard/Hartrey Tax Increment Financing (TIF) District at the end of Fiscal Year 2011. This item was held in the Administration and Public Works Committee meeting on December 12, 2011. This item is amended as voted on in item A7. Ald. Rainey asked about earmarking school funds to being directed towards teachers. They are spending out of their own pockets. Can any of this money be used to cover cuts in plans/budgets. M. Lyons said it is up to the schools to decide on the use of the 32 of 508 Page 5 of 5 Administration and Public Works monies. This resolution is to be placed with the County to distribute the monies. Ald. Rainey suggested that the City does not have to close a TIF. That way the City can request uses for the money. Ald. Holmes thought it was only the High School where the City can offer suggestions. M. Lyons said that the money will not reach the schools until the 12-13 fiscal year. Our year ends this December. A voice vote was taken and A11 was unanimously approved as amended (A12) Ordinance 58-O-12 for Designation of the Proposed Chicago/Main Tax Increment Financing District Staff recommends adoption of Ordinance 58-O-12, which will initiate the public hearing process for designation of the proposed Chicago/Main Tax Increment Financing (TIF) District. This item was pulled at the beginning of the committee meeting per Ald. Wynne’s request. (A13) Ordinance 65-O-12 Amending Portions of Title 3, “Hotel-Motel Tax” Staff recommends adoption of Ordinance 65-O-12, amending Ordinance 28- O-73, an ordinance establishing the Hotel Tax. This Ordinance was originally adopted with the provision that hotel taxes would be deposited into the City’s General Fund. In 2000-01 as part of the Annual Budget approval, these funds were moved to the Economic Development Fund. This amendment will update the City Code to reflect current practice. Ald. Braithwaite asked if the City kept track of how much each hotel contributes to the fund. M. Lyons said they do. Ald. Rainey asked if Bed and Breakfasts contributed to the fund. Steven Griffin (Director Community and Economic Development) said the City has no legitimate ones now but when there are some, they will need to contribute. A voice vote was taken and A13 was unanimously approved. IV. ITEMS FOR DISCUSSION V. COMMUNICATIONS VI. ADJOURNMENT Ald. Rainey moved and Ald. Braithwaite seconded that the meeting be adjourned. Chair Burrus adjourned the meeting at 6:35 p.m. Respectfully Submitted, Phillip Baugher Administrative Assistant, Administrative Services 33 of 508 To: Honorable Mayor and Members of the City Council Administration and Public Works Committee From: Marty Lyons, Assistant City Manager/Chief Financial Officer Richard Perry, Accounts Payable Coordinator Subject: City of Evanston Payroll and Bills Date: June 21, 2012 Recommended Action: Staff recommends approval of the City of Evanston Payroll and Bills List. Summary: Payroll – May 21, 2012 through June 3, 2012 $2,577,994.87 (Payroll includes employer portion of IMRF, FICA, and Medicare) Bills List – June 26, 2012 $3,936,198.81 General Fund Amount – Bills list $258,261.51 General Fund Amount – Supplemental list $ 4,461.05 General Fund Total: $262,722.56 Attachments: Bills Lists For City Council meeting of June 25, 2012 Item A1/A2 Business of the City by Motion: City Payroll and Bills For Action Memorandum 34 of 508 CITY OF EVANSTON, ILR5504003B BILLS LIST 06/26/12PERIOD ENDING 00100 GENERAL ACCOUNT 100 GENERAL FUND ACCOUNT NUMBER SUPPLIER NAME DESCRIPTION AMOUNT 100.21650 NGL INSURANCE INSURANCE PREMIUM 378.27 100.13040 ILLINOIS PAPER COMPANY COPY PAPER 2012 CIVIC CENTER 1,404.00 100.41231 XTREME GREEN PRODUCTS INC *SENTINEL MODEL PMV-A11 8,495.00 100.41231 XTREME GREEN PRODUCTS INC *POLICE PRO ATV 13,499.00 23,776.27 1300 CITY COUNCIL 1300.62285 AARYNN/ALLYSSA TRUCKING COURIER SERVICE 99.14 1300.62210 H & H CHICAGO 2ND WARD MEETING POSTCARDS 425.00 1300.62210 H & H CHICAGO 1ST WARD MEETING POSTCARDS 425.00 949.14 1400 CITY CLERK 1400.62235 IMAGING OFFICE SYSTEMS INC MAINT. AGREEMENT 878.08 1400.62295 GREENE, RODNEY REIMB. IIMC CONFERENCE 36.00 914.08 1505 CITY MANAGER 1505.62360 ILLINOIS CITY/COUNTY MANAGEMEN MEMBERSHIP 403.75 1505.65095 OFFICE DEPOT OFFICE SUPPLIES 21.36 1505.62295 MORRISON ASSOC LTD LEADERSHIP PRESENCE SEMINAR 200.00 1505.65095 OFFICE DEPOT OFFICE SUPPLIES 152.89 1505.62295 EVANSTON IMPRINTABLES,INC.PORT AUTHORITY SPORT SHIRTS 85.32 863.32 1510 PUBLIC INFORMATION 1510.62205 EVANSTON ROUND TABLE LLC CLARKE MANSION SALE 302.00 1510.62205 PIONEER PRESS AGGREGATION 692.00 1510.62205 PIONEER PRESS MANSION AD 304.00 1,298.00 1525 MISC. BUSINESS OPERATIONS 1525.68205 OFFICE CONCEPTS SUPPLY & INSTALL FURNITURE 1,899.16 1,899.16 1705 LEGAL ADMINISTRATION 1705.62130 TURANO & ASSOCIATES LIQUOR CONTROL BOARD HEARING 275.00 1705.62345 FEDERAL EXPRESS CORP.SHIPPING 14.20 1705.52570 ILYSA GROSSMAN COMPLIANCE TICKET REFUND 50.00 1705.62360 CHICAGO BAR ASSOCIATION MEMBERSHIP 234.00 1705.65095 OFFICE DEPOT SUPPLY RETURN .38- 572.82 1905 ADM.SERVICES- GENERAL SUPPORT 1905.62185 ACCOUNTEMPS COLLECTION COORD.1,125.00 1905.62185 ACCOUNTEMPS COLLECTION COORD.1,125.00 1905.62185 ACCOUNTEMPS COLLECTION COORD.1,125.00 *Advanced Payment 135 of 508 CITY OF EVANSTON, ILR5504003B BILLS LIST 06/26/12PERIOD ENDING ACCOUNT NUMBER SUPPLIER NAME DESCRIPTION AMOUNT 1905.62360 ILLINOIS CITY/COUNTY MANAGEMEN MEMBERSHIPS 186.25 3,561.25 1910 FINANCE DIVISION - REVENUE 1910.65095 OFFICE DEPOT OFFICE SUPPLIES-REFUND 17.57- 1910.65625 OFFICE CONCEPTS SUPPLY & DELIVER CHAIRS PER 3,154.22 1910.64541 AZAVAR TECHNOLOGIES CONTINGENCY PAYMENTS 939.12 1910.52010 MODY, RAJESH REFUND-DUPLICATE PYMNT TICKET 50.00 1910.52010 RUTTENBERG, MARSHALL J REFUND-DUPLICATE PYMNT TICKET 35.00 1910.62431 GARDA CL GREAT LAKES, INC.ARMORED CAR SERVICES 2,205.61 1910.62431 GARDA CL GREAT LAKES, INC.ARMORED CAR SERVICES 40.64 1910.65095 OFFICE DEPOT OFFICE SUPPLIES REVENUE 17.57 1910.62205 PIONEER PRESS CITY OF EVANSTON NOTICE 46.40 6,470.99 1920 FINANCE DIVISION - ACCOUNTING 1920.62185 ACCOUNTEMPS ACCOUNTING SERVICES 1,200.00 1920.62360 ILLINOIS CPA SOCIETY MEMBERSHIPS 280.00 1920.62110 BAKER TILLY VIRCHOW KRAUSE AUDIT FIELDWORK 39,400.00 1920.62185 ACCOUNTEMPS ACCOUNTING SERVICES 1,020.00 1920.62185 ACCOUNTEMPS ACCOUNTING SERVICES 1,200.00 1920.62360 ILLINOIS CPA SOCIETY MEMBERSHIPS 280.00 1920.65095 OFFICE DEPOT OFFICE SUPPLIES ACCOUNTING 92.53 43,472.53 1929 HUMAN RESOURCE DIVISION 1929.62274 TRANS UNION CORP TEST ADMINISTRATION 45.00 1929.62270 NORTH SHORE UNIVERSITY HEALTH PREPLACEMENT EXAMS 20,739.00 1929.65095 OFFICE DEPOT OFFICE SUPPLIES 51.05 20,835.05 1932 INFORMATION TECHNOLOGY DIVI. 1932.64540 VERIZON WIRELESS (25505)WIRELESS SERVICE 1,349.36 1932.62250 SMS SYSTEMS MAINTENANCE SERVIC HARDWARE MAINT. AGREEMENT 1,157.00 1932.62175 IRON MOUNTAIN OSDP MAINT. AGREEMENT 549.14 1932.65615 ILLINOIS DEPARTMENT OF CENTRAL COMMUNICATION CHARGES 1,925.00 1932.62380 CHICAGO OFFICE TECHNOLOGY GROU COPIER SERVICE AGREEMENT 1,513.36 1932.62340 ALTUS NETWORK SOLUTIONS, INC. PASSWORD FILTER MAINT.278.40 1932.62185 SOUND INC.VM SERVER UPGRADE 2,100.00 1932.62340 ORACLE AMERICA, INC.ANNUAL CONTRACT RENEWALS 396.49 1932.62250 INSIGHT COMPUTERS UPS REPLACEMENTS - FLEETWOOD 2,289.40 1932.62340 DLT SOLUTIONS RED HAT ENTERPRISE LINUX SRVR 2,192.00 1932.62380 US BANK COPIER LEASE AGREEMENT 1,641.52 15,391.67 1941 PARKING ENFORCEMENT & TICKETS 1941.62451 ANKITA BHAN TOW REFUND 185.00 1941.64005 COMED ELECTRICITY 87.54 1941.65095 OFFICE DEPOT OFFICE SUPPLIES 57.11 1941.52505 FOX FEHLING REFUND-RETURN CK FEE 25.00 1941.65095 OFFICE DEPOT OFFICE SUPPLIES REFUND .84- 1941.64540 NEXTEL WIRELESS SERVICE 701.34 1,055.15 *Advanced Payment 236 of 508 CITY OF EVANSTON, ILR5504003B BILLS LIST 06/26/12PERIOD ENDING ACCOUNT NUMBER SUPPLIER NAME DESCRIPTION AMOUNT 2101 COMMUNITY DEVELOPMENT ADMIN 2101.64540 NEXTEL WIRELESS SERVICE 60.92 60.92 2105 PLANNING & ZONING 2105.62185 GRANACKI HISTORIC CONSULTANTS EVANSTON LAKESHORE HISTORIC 7,700.00 7,700.00 2115 HOUSING CODE COMPLIANCE 2115.62345 CHICAGO TITLE INSURANCE TAX SEARCH 1023 DARROW 150.00 2115.62190 GARRISON, LARRY DEBRIS REMOVALS 665.00 2115.62345 CHICAGO TITLE INSURANCE TAX SEARCH 1824 EMERSON 140.00 2115.62295 ILLINOIS ASSOCIATION OF CODE E IACE ATTENDANCE-8 CDE EMPLY.175.00 2115.62345 TECHNOLOGY AGAINST GRAFFITI GRAFFITI REMOVALS 495.00 2115.64540 NEXTEL WIRELESS SERVICE 320.98 1,945.98 2120 HOUSING REHABILITATION 2120.64540 NEXTEL WIRELESS SERVICE 108.87 2120.62295 ILLINOIS ASSOCIATION OF CODE E IACE ATTENDANCE-8 CDE EMPLY.105.00 213.87 2121 EECBGRANT-RESI.WEATHER.PROGRAM 2121.55253 MIDWEST ENERGY AUDITS, INC.CASE SF1 14-11 330 ASBURY 150.00 2121.55253 VALUE REMODELING CASE MF 095.12 629 HOWARD 800.00 950.00 2126 BUILDING INSPECTION SERVICES 2126.62425 ELEVATOR INSPECTION SERVICE ELEVATOR INSPECTIONS 2,624.00 2126.62425 ELEVATOR INSPECTION SERVICE ELEVATOR INSPECTIONS 160.00 2126.52080 BRECK STARLING PERMIT REFUND 64.00 2126.65095 OFFICE DEPOT OFFICE SUPPLIES FY12 8.23 2126.62295 GARESCHE JR, CLAUDE F I.A.E.A. PHOTO TRAINING 228.84 2126.64540 NEXTEL WIRELESS SERVICE 108.30 2126.62425 ELEVATOR INSPECTION SERVICE ELEVATOR INSPECTIONS 175.00 3,368.37 2205 POLICE ADMINISTRATION 2205.64015 NICOR 0632 MONTHLY CHARGES 37.72 2205.64005 COMED MONTHLY CHARGES 111.05 2205.65125 EVANSTON FUNERAL & CREMATION REMOVALS MAY 2012 947.00 2205.62375 WEST GROUP PAYMENT CTR INVESTIGATIONS DATABASE 800.57 2205.62225 NATIONWIDE JANITORIAL CORP.JANITORIAL SUPPLIES 3,937.80 2205.62360 ILLINOIS LAW ENFORCEMENT ALARM ANNUAL MEMBERSHIP DUES 200.00 2205.62360 NORTHERN ILLINOIS POLICE ALARM LANGUAGE LINE SERVICE 44.50 2205.62375 L.E.A.D.S.ONLINE FASTFIND SERVICE PACKAGE 4,920.00 2205.64005 COMED MONTHLY CHARGES 111.05 11,109.69 2240 POLICE RECORDS 2240.65095 OFFICE DEPOT FY 2012 OFFICE SUPPLIES 471.00 2240.65095 OFFICE DEPOT FY 2012 OFFICE SUPPLIES 44.86 2240.65095 OFFICE DEPOT FY 2012 OFFICE SUPPLIES 142.95 2240.65095 MSF GRAPHICS, INC.PRINTING OF ACTIVITY SHEETS 306.00 *Advanced Payment 337 of 508 CITY OF EVANSTON, ILR5504003B BILLS LIST 06/26/12PERIOD ENDING ACCOUNT NUMBER SUPPLIER NAME DESCRIPTION AMOUNT 2240.65095 ILLINOIS PAPER COMPANY COPIER PAPER 1,344.00 2,308.81 2245 COMMUNICATIONS 2245.64540 NEXTEL WIRELESS SERVICE 1,930.21 1,930.21 2250 SERVICE DESK 2250.62425 COLLEY ELEVATOR CO.ELEVATOR INSPECTIONS 168.00 2250.65020 CHICAGO BADGE & INSIGNIA REPAIR & REFINISH BADGES 44.00 2250.65020 J. G. UNIFORMS, INC ARMOR/VEST COVER 810.00 2250.65020 UNIFORMITY, INC.UNIFORM 108.90 2250.65040 LEMOI HARDWARE UMBRELLA BASE 16.29 2250.65040 LEMOI HARDWARE SCRUB BRUSH-HVY DUTY 3.17 2250.65040 LEMOI HARDWARE JANITORIAL SUPPLIES 61.94 2250.65040 LEMOI HARDWARE DOOR STOP/KICK HOLD 8.17 2250.65040 LEMOI HARDWARE HOSE 7.26 2250.65040 LEMOI HARDWARE WALL PLATE 4.69 1,232.42 2251 311 CENTER 2251.64505 AT & T MOBILITY WIRELESS SERVICE 47.99 47.99 2255 OFFICE-PROFESSIONAL STANDARDS 2255.65025 ELLIOT, JAMES M MEAL ALLOWANCE NATO 200.00 2255.61055 NET TRANSCRIPTS, INC.TRANSCRIPTS 365.40 2255.61055 NET TRANSCRIPTS, INC.TRANSCRIPTS 63.00 2255.61055 NET TRANSCRIPTS, INC.TRANSCRIPTS 29.40 657.80 2260 OFFICE OF ADMINISTRATION 2260.62295 MALDONADO, BONIFACIO MEALS BASIC SCHOOL OFFICER 60.00 2260.62295 COLLEGE OF DUPAGE POLICE ACADEMY-1 PARTICIPANT 2,865.00 2260.62295 EVANSTON ATHLETIC CLUB FITNESS 469.65 2260.64565 COMCAST CABLE COMMUNICATION CHARGES-DTAS 14.72 2260.62295 COLLEGE OF DUPAGE POLICE ACADEMY-1 PARTICIPANT 2,865.00 2260.62295 MANFRE, JACK PISTOL COURSE 600.00 2260.62295 NORTH EAST MULTI-REGIONAL TRAI CRIMINAL LAW REVIEW 50.00 2260.62295 NORTH EAST MULTI-REGIONAL TRAI CRIMINAL RELATED INTERVIEWING 170.00 2260.62295 WIEDLIN, BARBARA J REIMB. CAREER & TACTICAL 95.79 7,190.16 2270 TRAFFIC BUREAU 2270.65085 L3 COMMUNICATIONS IN CAR VIDEO REPAIR 63.40 2270.65085 L3 COMMUNICATIONS IN CAR VIDEO REPAIR 85.25 2270.65085 L3 COMMUNICATIONS IN CAR VIDEO REPAIR 123.00 2270.65085 INTERNATIONAL CONFERENCE ANNUAL MEMBERSHIP DUES 125.00 2270.65085 INTERNATIONAL CONFERENCE ANNUAL MEMBERSHIP DUES 125.00 2270.65125 ILMO PRODUCTS COMPANY DUI TESTING SUPPLIES 4.44 2270.65085 PIONEER PRESS SUBSCRIPTION 40.00 2270.65085 MUNICIPAL ELECTRONICS INC RADAR GUN PARTS 67.22 2270.65085 MUNICIPAL ELECTRONICS INC RADAR GUN REPAIR/PARTS 480.00 *Advanced Payment 438 of 508 CITY OF EVANSTON, ILR5504003B BILLS LIST 06/26/12PERIOD ENDING ACCOUNT NUMBER SUPPLIER NAME DESCRIPTION AMOUNT 2270.65125 MARY FLANAGAN TOW REFUND 185.00 2270.65085 EDDINGTON, RICHARD NORTHWEST POLICE ACADEMY DUES 50.00 1,348.31 2280 ANIMAL CONTROL 2280.65125 HILLS PET NUTRITION SHELTER PET FOOD 366.41 2280.62225 ANDERSON PEST CONTROL PEST CONTROL-JUNE 50.25 2280.65040 JOHNSON LOCKSMITH, INC.DOUBLE SIDED KEY-PIN KEY 5.45 2280.64015 NICOR 0632 MONTHLY CHARGES 648.59 2280.62295 ILLINOIS DEPARTMENT OF AGRICUL ANIMAL FACILITY LICENSE 25.00 1,095.70 2285 PROBLEM SOLVING TEAM 2285.65020 UNIFORMITY, INC.UNIFORM-BICYCLE OFFICER 249.45 249.45 2305 FIRE MGT & SUPPORT 2305.65020 UNIFORMITY, INC.UNIFORMS 201.70 2305.65020 UNIFORMITY, INC.UNIFORMS 187.40 2305.65020 UNIFORMITY, INC.UNIFORMS 126.75 2305.65020 UNIFORMITY, INC.UNIFORMS 380.00 2305.65020 UNIFORMITY, INC.UNIFORMS 87.95 2305.65095 OFFICE DEPOT OFFICE SUPPLIES 106.38 2305.64540 NEXTEL WIRELESS SERVICE 433.42 2305.65050 ABT APPLIANCE REPAIR 305.82 2305.64015 NICOR 0632 MONTHLY CHARGES 100.68 2305.62315 FEDERAL EXPRESS CORP.SHIPPING 30.12 2305.65050 APPLIANCE SERVICE CENTER APPLIANCE REPAIR 366.86 2,327.08 2310 FIRE PREVENTION 2310.62360 FIRE INVESTIGATORS STRIKE FORC MEMBERSHIP 75.00 2310.62250 ZOLL DATA SYSTEMS SOFTWARE SUPPORT 550.00 625.00 2315 FIRE SUPPRESSION 2315.65085 CUTTERS EDGE CHAIN RECONDITION 55.45 2315.65085 GRAINGER, INC., W.W.REPLACEMENT PART 114.30 2315.62605 IL DEPT OF PUBLIC HEALTH AMB LICENSE-NEW VEHICLE 25.00 2315.62295 ILLINOIS FIRE INSPECTORS ASSOC FIREFIGHTER TRAINING 325.00 2315.65075 KIRT'S ELECTRONICS MEDICAL SUPPLIES 11.50 2315.65040 LAPORT INC JANITORIAL SUPPLIES 159.02 2315.65085 LEMOI HARDWARE REPAIR PARTS 36.24 2315.65085 LEMOI HARDWARE REPAIR PARTS 19.99 2315.65085 LEMOI HARDWARE REPAIR PARTS 7.16 2315.65085 LEMOI HARDWARE REPAIR PARTS 7.52 2315.65085 LEMOI HARDWARE REPAIR PARTS 32.58 2315.62295 NORTHEASTERN ILLINOIS PUBLIC S FIREFIGHTER TRAINING 50.00 2315.65015 PRAXAIR DISTIBUTION INC MEDICAL OXYGEN 308.85 2315.62295 SAM'S CLUB DIRECT LUNCH SUPPLIES 75.68 2315.62295 LYNCH, DANIEL J.REIMB. RESCUE DIVER CERT.276.00 2315.62295 UNIVERSITY OF ILLINOIS FIREFIGHTING TRAINING 300.00 2315.53675 ANDRES MEDICAL BILLING AMBULANCE CHARGES MAY 2012 5,958.14 *Advanced Payment 539 of 508 CITY OF EVANSTON, ILR5504003B BILLS LIST 06/26/12PERIOD ENDING ACCOUNT NUMBER SUPPLIER NAME DESCRIPTION AMOUNT 2315.53675 ANDRES MEDICAL BILLING MEDICARE REVALIDATION FEE 523.00 2315.62430 NATIONWIDE JANITORIAL CORP.JANITORIAL SUPPLIES 435.08 2315.65085 ABBOTT RUBBER HOSE REPAIR 296.00 2315.65085 ABBOTT RUBBER HOSE PARTS 70.89 9,087.40 2425 DENTAL SERVICES 2425.65075 PATTERSON DENTAL SUPPLY, INC. DENTAL SUPPLIES 36.00 2425.65075 ULTRADENT PRODUCTS INC.DENTAL SUPPLIES 274.14 2425.65095 SMILEMAKERS DENTAL SUPPLIES 33.45 343.59 2435 FOOD AND ENVIRONMENTAL HEALTH 2435.65620 OFFICE CONCEPTS SUPPLY & INSTALL FURNITURE PER 11,869.60 2435.64540 NEXTEL WIRELESS SERVICE 161.74 2435.62477 NEXTEL WIRELESS SERVICE 51.91 12,083.25 2440 VITAL RECORDS 2440.65095 OFFICE DEPOT OFFICE SUPPLIES 57.22 57.22 2455 COMM.HEALTH PROG.ADMINSTRATION 2455.64540 NEXTEL WIRELESS SERVICE 51.91 2455.62490 QUARTET COPIES LET'S MOVE FLYERS 22.00 73.91 2605 DIRECTOR OF PUBLIC WORKS 2605.62210 ALLEGRA PRINT & IMAGING RECYCLING SIGNS 9,949.00 2605.64540 NEXTEL WIRELESS SERVICE 57.57 10,006.57 2610 MUNICIPAL SERVICE CENTER 2610.62225 SMITHEREEN PEST MANAGEMENT SER RODENT CONTROL 93.00 2610.62518 FOX VALLEY FIRE & SAFETY FIRE ALARM SYSTEM SERVICE 356.00 2610.62518 RIXON CUSTOM EQUIPMENT FY2012 SERVICE CENTER SECURITY 295.00 2610.64005 COMED MONTHLY CHARGES 125.80 2610.65040 LAPORT INC JANITORIAL SUPPLIES 686.32 2610.62235 MIDWEST TIME RECORDER MAINT. CONTRACT 105.00 1,661.12 2640 TRAF. SIG. & ST. LIGHT. MAINT 2640.65070 UTILITY DYNAMICS CORPORATION STREET LIGHT FOUNDATION 1,183.00 2640.64007 COMED MONTHLY CHARGES 99.53 2640.64006 COMED MONTHLY CHARGES 216.34 2640.64006 COMED MONTHLY CHARGES 21.87 2640.64006 COMED MONTHLY CHARGES 559.57 2640.64007 COMED MONTHLY CHARGES 39.66 2640.64007 COMED MONTHLY CHARGES 43.35 2640.64006 COMED MONTHLY CHARGES 47.54 2,210.86 2665 STREETS AND SANITATION ADMINIS 2665.64540 NEXTEL WIRELESS SERVICE 2,794.92 2,794.92 *Advanced Payment 640 of 508 CITY OF EVANSTON, ILR5504003B BILLS LIST 06/26/12PERIOD ENDING ACCOUNT NUMBER SUPPLIER NAME DESCRIPTION AMOUNT 2670 STREET AND ALLEY MAINTENANCE 2670.65055 HEALY ASPHALT FY2012 HOT MIX ASPHALT 626.60 2670.65055 HEALY ASPHALT FY2012 HOT MIX ASPHALT 158.60 2670.65055 OZINGA CHICAGO RMC, INC.FY2012 CONCRETE PURCHASE 424.00 2670.65055 OZINGA CHICAGO RMC, INC.FY2012 CONCRETE PURCHASE 723.00 2670.65055 OZINGA CHICAGO RMC, INC.FY2012 CONCRETE PURCHASE 927.00 2670.65055 OZINGA CHICAGO RMC, INC.FY2012 CONCRETE PURCHASE 1,062.00 2670.62415 KLF TRUCKING DEBRIS HAULING 2,530.00 2670.65115 VULCAN INC. 9 DIFFERENT SIGNS-2012 7,039.95 2670.62415 SHRED ALL RECYCLING SYSTEMS IN TIRE RECYCLING 213.89 2670.62415 SHRED ALL RECYCLING SYSTEMS IN TIRE RECYCLING 97.99 2670.62415 SHRED ALL RECYCLING SYSTEMS IN TIRE RECYCLING 347.56 2670.62415 SHRED ALL RECYCLING SYSTEMS IN TIRE RECYCLING 456.55 2670.65055 HEALY ASPHALT FY2012 HOT MIX ASPHALT 136.76 2670.65055 HEALY ASPHALT FY2012 HOT MIX ASPHALT 617.76 2670.65055 HEALY ASPHALT FY2012 HOT MIX ASPHALT 808.68 2670.65055 HEALY ASPHALT FY2012 HOT MIX ASPHALT 154.44 2670.65055 HEALY ASPHALT FY2012 HOT MIX ASPHALT 153.40 16,478.18 3005 REC. MGMT. & GENERAL SUPPORT 3005.64540 NEXTEL WIRELESS SERVICE 57.57 3005.62360 BROADCAST MUSIC, INC.MUSIC ROYALTY LICENSE FEES 573.30 630.87 3010 REC. BUS. & FISCAL MGMT 3010.65095 OFFICE DEPOT OFFICE SUPPLIES 19.87 3010.65095 OFFICE DEPOT OFFICE SUPPLIES 56.86 3010.62705 PLUG & PAY TECHNOLOGIES ONLINE MERCHANT ACCT 15.00 91.73 3020 RECREATION GENERAL SUPPORT 3020.65125 SAT RADIO COMMUNICATIONS, LTD. RADIO EQUIPMENT 1,048.50 3020.64540 NEXTEL WIRELESS SERVICE 57.57 1,106.07 3025 PARK UTILITIES 3025.64005 COMED MONTHLY CHARGES 353.54 3025.64005 COMED MONTHLY CHARGES 436.86 3025.64005 COMED MONTHLY CHARGES 70.39 3025.64005 COMED MONTHLY CHARGES 63.45 3025.64005 COMED MONTHLY CHARGES 3.04 3025.64005 COMED MONTHLY CHARGES 116.89 3025.64005 COMED MONTHLY CHARGES 44.16 3025.64015 NICOR 0632 MONTHLY CHARGES 28.10 3025.64005 COMED MONTHLY CHARGES 24.58 3025.64005 COMED MONTHLY CHARGES 38.50 3025.64005 COMED MONTHLY CHARGES 21.61 3025.64005 COMED MONTHLY CHARGES 37.95 3025.64005 COMED MONTHLY CHARGES 24.68 3025.64005 COMED MONTHLY CHARGES 52.61 3025.64005 COMED MONTHLY CHARGES 26.49 *Advanced Payment 741 of 508 CITY OF EVANSTON, ILR5504003B BILLS LIST 06/26/12PERIOD ENDING ACCOUNT NUMBER SUPPLIER NAME DESCRIPTION AMOUNT 3025.64005 COMED MONTHLY CHARGES 23.11 3025.64015 NICOR 0632 MONTHLY CHARGES 32.63 3025.64015 NICOR 0632 MONTHLY CHARGES 26.96 3025.64015 NICOR 0632 MONTHLY CHARGES 43.33 3025.64015 NICOR 0632 MONTHLY CHARGES 60.19 3025.64015 NICOR 0632 MONTHLY CHARGES 28.20 3025.64005 COMED MONTHLY CHARGES 24.33 3025.64005 COMED MONTHLY CHARGES 219.53 3025.64005 COMED MONTHLY CHARGES 44.32 3025.64005 COMED MONTHLY CHARGES 70.29 3025.64005 COMED MONTHLY CHARGES .72 3025.64005 COMED MONTHLY CHARGES 31.45 3025.64005 COMED MONTHLY CHARGES 260.28 3025.64005 COMED MONTHLY CHARGES 260.24 2,468.43 3030 CROWN COMMUNITY CENTER 3030.65025 SAM'S CLUB DIRECT AFTERSCHOOL SNACK 84.21 3030.65025 SAM'S CLUB DIRECT LUNCH SUPPLIES 123.88 3030.65110 SAM'S CLUB DIRECT PRESCHOOL BOOKS 63.86 3030.65025 SAM'S CLUB DIRECT ICE CREAM PROJECT 17.44 3030.65025 SAM'S CLUB DIRECT SNACK 15.33 3030.65025 SAM'S CLUB DIRECT ASA SNACK 10.68 3030.65110 SAM'S CLUB DIRECT CLASS ROOM SUPPLIES 86.62 3030.65025 SAM'S CLUB DIRECT SNACK 15.80 3030.65025 SAM'S CLUB DIRECT AFTERSCHOOL SNACK 14.11 3030.65025 SAM'S CLUB DIRECT SNACK 132.34 3030.65110 SAM'S CLUB DIRECT PRESCHOOL STORAGE 32.64 3030.65110 SAM'S CLUB DIRECT PICNIC SUPPLIES/FOOD 105.08 3030.65025 SAM'S CLUB DIRECT PICNIC SUPPLIES/FOOD 116.36 3030.65025 SAM'S CLUB DIRECT CONSUMABLES RETURN .79- 3030.62375 JEAN'S GREENS, INC. PLANT SERVICES 2012 50.00 3030.65025 SAM'S CLUB DIRECT CREDIT RETURNS 30.00- 3030.65025 SAM'S CLUB DIRECT AFTERSCHOOL SNACK 83.04 3030.65025 SAM'S CLUB DIRECT PRESCHOOL SNACK 77.86 3030.65025 SAM'S CLUB DIRECT AFTERSCHOOL SNACK 12.33 3030.65025 SAM'S CLUB DIRECT PRESCHOOL SNACK 146.62 3030.65110 SAM'S CLUB DIRECT SNACK SUPPLIES 58.57 3030.65025 SAM'S CLUB DIRECT MILK/SNACK 21.28 3030.65025 SAM'S CLUB DIRECT MILK/SNACK 17.67 3030.65025 SAM'S CLUB DIRECT PRESCHOOL LUNCH 91.27 3030.65025 SAM'S CLUB DIRECT AFTERSCHOOL LUNCH 42.14 3030.65110 SAM'S CLUB DIRECT ADULT CHAIRS 348.04 1,736.38 3035 CHANDLER COMMUNITY CENTER 3035.65040 LAPORT INC JANITORIAL SUPPLIES 212.52 3035.65095 OFFICE DEPOT OFFICE SUPPLIES 52.23 3035.62495 ANDERSON PEST CONTROL PEST CONTROL SERVICES 28.36 3035.64540 NEXTEL WIRELESS SERVICE 27.21 3035.65095 OFFICE DEPOT OFFICE SUPPLIES 65.00 *Advanced Payment 842 of 508 CITY OF EVANSTON, ILR5504003B BILLS LIST 06/26/12PERIOD ENDING ACCOUNT NUMBER SUPPLIER NAME DESCRIPTION AMOUNT 3035.65095 OFFICE DEPOT OFFICE SUPPLIES 18.85 404.17 3040 FLEETWOOD JOURDAIN COM CT 3040.62210 GENERATION COPY INC SCRIPT COPIES FJT MUSE FIRE 134.00 3040.65110 WILL ENTERPRISES CAMP SHIRTS 2012 1,512.44 3040.62225 STA-KLEEN INC.CLEANING OF OVEN & COOKING 36.00 3040.65095 OFFICE DEPOT OFFICE SUPPLIES 16.30 3040.65095 OFFICE DEPOT SUPPLY RETURN 1.25- 3040.65025 SAM'S CLUB DIRECT AFTERSCHOOL SUPPLIES 9.88 3040.62511 COMCAST CABLE CABLE SERVICE FJCC 157.49 3040.64540 NEXTEL WIRELESS SERVICE 35.21 3040.65040 LAPORT INC JANITORIAL SUPPLIES 200.84 2,100.91 3045 FLEETWOOD/JOURDAIN THEATR 3045.62205 EVANSTON ROUND TABLE LLC FJT HEAT PLAY ADVERT 367.00 367.00 3050 RECREATION OUTREACH PROGRAM 3050.62210 GENERATION COPY INC SUMMER FOOD PROG MENUS 2012 350.00 350.00 3055 LEVY CENTER 3055.62495 ANDERSON PEST CONTROL MONTHLY PEST CONTROL 42.00 3055.65095 OFFICE DEPOT OFFICE SUPPLIES 25.04 3055.65095 ILLINOIS PAPER COMPANY COPIER PAPER 220.80 3055.56045 ILLINOIS DEPT OF REVENUE *SALES TAX MAY 2012 54.00 3055.65025 CATHOLIC CHARITIES OF CHICAGO CATERING SERVICE MEAL 2,411.15 3055.61062 ST. MORITZ SECURITY SERVICES, SECURITY FOR RENTAL AT LEVY 429.00 3055.62295 CITY OF EVANSTON - PETTY CASH PETTY CASH REIMBURSEMENT 54.00 3055.62511 CITY OF EVANSTON - PETTY CASH PETTY CASH REIMBURSEMENT 50.00 3055.65110 CITY OF EVANSTON - PETTY CASH PETTY CASH REIMBURSEMENT 117.61 3055.65040 LAPORT INC JANITORIAL SUPPLIES 398.48 3055.65040 LAPORT INC JANITORIAL SUPPLIES 148.20 3055.64540 NEXTEL WIRELESS SERVICE 27.21 3055.65025 SAM'S CLUB DIRECT FOOD 24.66 4,002.15 3080 BEACHES 3080.64015 NICOR 0632 MONTHLY CHARGES 36.71 3080.62205 EVANSTON ROUND TABLE LLC ADS BEACH TOKEN/UTIL.242.00 3080.64540 NEXTEL WIRELESS SERVICE 78.09 356.80 3085 RECREATION FACILITY MAINT 3085.65110 THELEN MATERIALS, LLC SAND SOCCER FIELDS 677.88 3085.65055 GROVER WELDING COMPANY HITCH LAKE BOAT TRAILER 60.00 3085.65110 CONSERV FS BALL FIELD SURFACE MIX 710.00 3085.64540 NEXTEL WIRELESS SERVICE 59.54 3085.65110 BSN SPORTS BASE PEGS AND FENCE STAKES 355.62 3085.65050 GATWOOD CRANE SERVICE,INC CRANE RENTAL BOAT RAMPS 2,800.00 4,663.04 *Advanced Payment 943 of 508 CITY OF EVANSTON, ILR5504003B BILLS LIST 06/26/12PERIOD ENDING ACCOUNT NUMBER SUPPLIER NAME DESCRIPTION AMOUNT 3095 CROWN ICE RINK 3095.62490 SCS PRODUCTIONS LIGHTING AND HEADSETS 4,855.00 3095.62205 PIONEER PRESS ICE SHOW AD 637.00 3095.65040 LAPORT INC 2012 BLANKET PO 49.50 3095.64540 NEXTEL WIRELESS SERVICE 81.63 3095.62245 R & R SPECIALTIES OF WISCONSIN ICE RINK PAINT 1,471.00 3095.65020 WILL ENTERPRISES SHIRTS FOR YOUTH PROGRAM 47.16 3095.62507 BRUNSWICK ZONE NILES CAMP FIELD TRIP TWEEN TOWN 108.50 3095.62245 MCCAULEY MECHANICAL SERVICE CLEAN CONDENSER WATER TOWER 993.00 3095.62245 MCCAULEY MECHANICAL SERVICE ICE RINK COMPRESSOR OIL MAINT.1,053.00 3095.62375 JEAN'S GREENS, INC.2012 PLANT SERV 50.00 3095.62495 ANDERSON PEST CONTROL 2012 PEST SERV 75.00 3095.65095 OFFICE DEPOT OFFICE SUPPLIES 69.96 3095.65070 NORTH SHORE ELECTRIC INC ELECTRICAL REPAIR ICE RINK 177.56 3095.62205 EVANSTON ROUND TABLE LLC ICE SHOW ADVERTISEMENT 302.00 9,970.31 3105 AQUATIC CAMP 3105.65110 FOX DUFFLES BOAT SAIL REPAIR 140.00 3105.65110 FOX DUFFLES REPAIR BOAT SAILS 70.00 210.00 3130 SPECIAL RECREATION 3130.64540 NEXTEL WIRELESS SERVICE 62.33 62.33 3140 BUS PROGRAM 3140.64540 NEXTEL WIRELESS SERVICE 27.21 27.21 3150 PARK SERVICE UNIT 3150.64540 NEXTEL WIRELESS SERVICE 54.42 54.42 3205 COMMUNITY RELATIONS 3205.62490 LAKE BREEZE ORGANICS REIMBURSE LINK MARKET VENDOR 45.00 3205.62490 K.V. STOVER AND SON REIMBURSE LINK MARKET VENDOR 101.00 3205.65020 WILL ENTERPRISES SHIRTS FOR YOUTH PROGRAM 660.59 3205.62490 FIRST, JON REIMBURSE LINK MARKET VENDOR 55.00 3205.62490 HENRY'S FARM REIMBURSE LINK MARKET VENDOR 79.00 940.59 3505 PARKS & FORESTRY GENERAL SUP 3505.64540 NEXTEL WIRELESS SERVICE 603.43 3505.65105 FEDERAL EXPRESS CORP.SHIPPING 30.92 634.35 3510 HORTICULTURAL MAINTENANCE 3510.65005 CONSERV FS RECREATION SUPPLIES 414.85 3510.65005 CONSERV FS COARSE GYPSUM 1,080.00 3510.62195 EVANSTON SIGNS & GRAPHICS, INC ALUMINUM SIGNS-DOG NUISANCES 228.00 3510.65085 RUSSO POWER EQUIPMENT RECREATION SUPPLIES 426.90 3510.62199 B.H. SUHR & COMPANY, INC.RECYCLING CENTER 1,400.00 3510.65055 KROMER CO. LLC.FILTER ELEMENT 113.35 *Advanced Payment 1044 of 508 CITY OF EVANSTON, ILR5504003B BILLS LIST 06/26/12PERIOD ENDING ACCOUNT NUMBER SUPPLIER NAME DESCRIPTION AMOUNT 3510.65055 LASALLE CHEMICAL COMPANY MAGIC HAND SOAP 260.00 3510.62199 NUTOYS LEISURE PRODUCTS VARIOUS HARDWARE 431.10 3510.65015 HIGH PSI LTD.GRAFFITI REMOVER 45.89 4,400.09 3605 ECOLOGY CENTER 3605.56045 ILLINOIS DEPT OF REVENUE *SALES TAX MAY 2012 22.00 3605.65040 LAPORT INC JANITORIAL SUPPLIES 522.32 3605.62490 ST. MORITZ SECURITY SERVICES, SECURITY PRIV RENTAL W/ ALCHL 117.00 3605.62495 ANDERSON PEST CONTROL PEST CONTROL SERVICES 56.75 3605.64015 NICOR 0632 MONTHLY CHARGES 56.39 3605.65025 SAM'S CLUB DIRECT FAMILY CAMP OUT FOOD 89.42 3605.65050 INSOLAR WINDOW TREATMENTS INC. WINDOW TREATMENTS FOR 3,589.00 4,452.88 3610 ECO-QUEST DAY CAMP 3610.62507 RITEWAY BUS SERVICE, INC.FIELD TRIP BUS 995.00 3610.62507 RITEWAY BUS SERVICE, INC.FIELD TRIP BUS 995.00 3610.65020 WILL ENTERPRISES CAMP STAFF TSHIRTS 379.06 3610.65020 WILL ENTERPRISES TSHIRTS WILDFLOWER CAMP 187.68 3610.65020 WILL ENTERPRISES TSHIRTS ECOTRAVELERS 258.45 3610.65020 WILL ENTERPRISES BACKPACKS ECOEXPLORERS CAMP 151.72 3610.65020 WILL ENTERPRISES TSHIRTS FOR CAMP 147.47 3610.65020 WILL ENTERPRISES TSHIRTS SUMMER SUMMIT 230.83 3,345.21 3700 ARTS COUNCIL 3700.62665 NORTH SHORE CHORAL GRANT PAYMENT PER AGREEMENT 600.00 3700.62665 LITERATURE FOR ALL OF US GRANT PAYMENT PER AGREEMENT 600.00 1,200.00 3710 NOYES CULTURAL ARTS CTR 3710.64540 NEXTEL WIRELESS SERVICE 27.21 3710.62495 ANDERSON PEST CONTROL PEST CONTROL SERVICES 33.25 3710.62225 HENRICHSEN FIRE & SAFETY FIRE EQUIP MAINTENANCE 127.37 187.83 3720 CULTURAL ARTS PROGRAMS 3720.62511 LANGFORD, JONATHAN STARLIGHT CONCERT PERFORMER 2,000.00 3720.62210 NICKOCORP STARLIGHT CONCERT POSTERS 165.00 3720.62205 CHICAGO READER STARLIGHT CONCERTS ADVERT 239.50 3720.62511 BORGES, IIDA ETHINIC ARTS FEST PERFORMANCE 300.00 3720.62295 MORRIS, THEA FIRSTAID CPR AED CAMP TRAINING 700.00 3720.62511 PATERSON, JOEL STARLIGHT CONCERT PERFORMANCE 700.00 3720.62511 BAREFOOT HAWAIIAN, INC. ETHNIC ARTS FEST PERFORMANCE 800.00 3720.62511 KABABIK, MARY CAMP PROGRAMS 500.00 5,404.50 3805 FACILITIES ADMINISTRATION 3805.64540 NEXTEL WIRELESS SERVICE 78.13 3805.64005 COMED MONTHLY CHARGES 102.50 3805.64005 COMED MONTHLY CHARGES 205.27 385.90 *Advanced Payment 1145 of 508 CITY OF EVANSTON, ILR5504003B BILLS LIST 06/26/12PERIOD ENDING ACCOUNT NUMBER SUPPLIER NAME DESCRIPTION AMOUNT 3806 CIVIC CENTER SERVICES 3806.62225 ANDERSON PEST CONTROL PEST CONTROL 422.00 3806.62225 DUSTCATCHERS, INC. ANNUAL SERVICE 229.00 3806.64540 NEXTEL WIRELESS SERVICE 107.82 3806.62225 SCHNEIDER ELECTRIC BUILDINGS SERVICE AGREEMENT 2012 1,932.00 3806.62225 SIMPLEX GRINNELL MAINT. REPAIRS 968.13 3806.65040 MARK VEND COMPANY VENDING SUPPLIES 30.60 3,689.55 3807 CONSTRUCTION AND REPAIRS 3807.65050 OFFICE OF THE STATE FIRE MARSH BOILER INSPECTIONS 70.00 3807.62225 DOOR SYSTEMS, INC.ELEVATOR OPERATION 704.00 3807.62225 DOOR SYSTEMS, INC.ELEVATOR OPERATION 677.95 3807.65050 ABLE DISTRIBUTORS R22 REFRIGERANT PURCHASE 4,560.00 3807.64540 NEXTEL WIRELESS SERVICE 858.63 6,870.58 280,331.51 00185 LIBRARY FUND 4805 LIBRARY YOUTH SERVICES 4805.65630 BOOK WHOLESALERS INC.JUV PRINT 9.88 4805.65641 BAKER & TAYLOR JUV AV 44.09 4805.65630 SALEM PRESS INC.JUV BOOKS 255.00 4805.65641 RECORDED BOOKS INC.JUV AV 72.20 4805.65641 BAKER & TAYLOR ADULT/ JUV AV 84.55 4805.65630 BAKER & TAYLOR JUV PRINT 1,672.47 4805.65630 BOOK WHOLESALERS INC.JUV PRINT 62.16 4805.65630 BAKER & TAYLOR JUV PRINT 384.40 4805.65630 BARNES & NOBLE.COM JUV PRINT 23.95 4805.65641 MIDWEST TAPE JUV AV 79.98 4805.65630 COMIX REVOLUTION, INC.JUV BOOKS 51.01 4805.65641 MIDWEST TAPE JUV AV 39.99 4805.65641 RANDOM HOUSE INC JUV AV 100.50 2,880.18 4806 LIBRARY ADULT SERVICES 4806.65641 RANDOM HOUSE INC ADULT AV 30.00 4806.65641 RECORDED BOOKS INC.ADULT AV 2,643.40 4806.65630 SALEM PRESS INC.ADULT PRINT 365.00 4806.65630 WEST GROUP PAYMENT CTR ADULT PRINT 180.00 4806.65641 RANDOM HOUSE INC ADULT AV 455.24 4806.65641 RANDOM HOUSE INC ADULT AV 67.50 4806.65641 MIDWEST TAPE ADULT AV 29.99 4806.65630 MANUFACTURERS' NEWS, INC.ADULT PRINT 218.45 4806.65630 INFORMATION TODAY INC ADULT PRINT 347.05 4806.65630 INFORMATION TODAY INC ADULT PRINT 356.55 4806.62340 GALE GROUP ONLINE RESOURCES 1,142.68 4806.65630 BERNAN ASSOCIATES ADULT PRINT 85.00 4806.65630 BERNAN ASSOCIATES ADULT PRINT 163.24 4806.65630 BERNAN ASSOCIATES ADULT PRINT 42.00 4806.65630 BERNAN ASSOCIATES ADULT PRINT 163.24 *Advanced Payment 1246 of 508 CITY OF EVANSTON, ILR5504003B BILLS LIST 06/26/12PERIOD ENDING ACCOUNT NUMBER SUPPLIER NAME DESCRIPTION AMOUNT 4806.65630 BERNAN ASSOCIATES ADULT PRINT 82.00 4806.65630 BARNES & NOBLE.COM ADULT PRINT 11.99 4806.65630 BARNES & NOBLE.COM ADULT PRINT 51.96 4806.65630 BARNES & NOBLE.COM ADULT PRINT 18.21 4806.65641 BAKER & TAYLOR ADULT AV 129.32 4806.65641 BAKER & TAYLOR ADULT AV 75.01 4806.65641 BAKER & TAYLOR ADULT AV 29.38 4806.65641 BAKER & TAYLOR ADULT AV 18.34- 4806.65630 BAKER & TAYLOR ADULT PRINT 5.02 4806.65630 BAKER & TAYLOR ADULT PRINT 205.66 4806.65630 BAKER & TAYLOR ADULT PRINT 666.04 4806.65630 BAKER & TAYLOR ADULT PRINT 1,134.06 4806.65630 BAKER & TAYLOR ADULT PRINT 811.32 4806.62341 GALE GROUP ITEM#160706 RENEWAL 5/12-4/13 19,801.35 4806.62341 GALE GROUP GREN REF GOLD SUBS 6/12-5/13 725.02 4806.65630 BARNES & NOBLE.COM ADULT PRINT 26.98 4806.65630 BAKER & TAYLOR ADULT PRINT 120.00 4806.65630 MANUFACTURERS' NEWS, INC.ADULT PRINT 215.46 4806.65641 AUDIO GO ADULT AV 79.92 4806.65641 BAKER & TAYLOR ADULT/ JUV AV 172.60 4806.65630 BAKER & TAYLOR ADULT PRINT 257.88 4806.65630 BAKER & TAYLOR ADULT PRINT 1,727.52 4806.65630 BAKER & TAYLOR ADULT PRINT 1,472.67 4806.65630 BAKER & TAYLOR ADULT PRINT 128.28 34,218.65 4820 LIBRARY CIRCULATION 4820.65100 DIRECT PAPER SUPPLY LIBRARY SUPPLIES 554.00 4820.52610 UNIQUE MANAGEMENT SERVICES COLLECTION CHARGES 205.85 759.85 4835 LIBRARY TECHNICAL SERVICES 4835.65100 GENERAL BINDING CORP.TECH SUPPLIES 525.00 4835.62341 COOPERATIVE COMPUTER SERVICES INTERNET 4,346.81 4835.65100 BRODART COMPANY LIBRARY SUPPLIES 62.11 4,933.92 4840 LIBRARY MAINTENANCE 4840.62245 AMERICAN MESSAGING PAGER 41.30 4840.62225 CINTAS #769 MAT SERVICE 64.19 4840.65050 GRAINGER, INC., W.W.SENSOR REPAIR KIT 426.16 531.65 4845 LIBRARY ADMINISTRATION 4845.56140 ILLINOIS DEPT OF REVENUE *SALES TAX MAY 2012 133.00 4845.64540 NEXTEL WIRELESS SERVICE 27.21 4845.65095 OFFICE DEPOT OFFICE SUPPLIES 228.54 388.75 43,713.00 00190 HPRP GRANT FUND 4901 HPRP GRANTS *Advanced Payment 1347 of 508 CITY OF EVANSTON, ILR5504003B BILLS LIST 06/26/12PERIOD ENDING ACCOUNT NUMBER SUPPLIER NAME DESCRIPTION AMOUNT 4901.63156 CONNECTIONS FOR THE HOMELESS HPRP ASSISTANCE 329.69 4901.63160 CONNECTIONS FOR THE HOMELESS HPRP ASSISTANCE 110.24 4901.63159 CONNECTIONS FOR THE HOMELESS HPRP ASSISTANCE 7,687.00 4901.63158 CONNECTIONS FOR THE HOMELESS HPRP ASSISTANCE 12.04 4901.63157 CONNECTIONS FOR THE HOMELESS HPRP ASSISTANCE 457.72 8,596.69 8,596.69 00195 NEIGHBOR.STABILIZATION PROGRAM 5006 PROGRAM DELIVERY 5006.62205 AMERICAN MARKETING SERVICES, I NSP2 AD REIMBURSEMENTS 1,213.66 5006.62205 EVANSTON ROUND TABLE LLC 1/4 PAGECOLOR AD-LIVEEVANSTON 389.00 5006.62205 EVANSTON NOW LLC LIVEEVANSTON LEADERBOARD 250.00 5006.62205 EVANSTON ROUND TABLE LLC 1/4 PAGE AD-LIVEEVANSTON 334.00 2,186.66 2,186.66 00205 EMERGENCY TELEPHONE SYSTEM 5150 EMERGENCY TELEPHONE SYSTM 5150.65625 SAT RADIO COMMUNICATIONS, LTD. MOTO WPLN4192A IMPRES 6-BANK 1,782.00 5150.62509 MOTOROLA SOLUTIONS, INC.POLICE SERVICE AGREEMENT RENEW 19,272.69 5150.65625 SAT RADIO COMMUNICATIONS, LTD. MOTO AAH25SDF9AA5N HT1250 UHF 23,113.86 5150.64540 VERIZON WIRELESS (25505)WIRELESS SERVICE 2,774.73 5150.65095 HENRY SCHEIN, INC.TOWELETTES 198.00 5150.64540 NEXTEL WIRELESS SERVICE 1,511.45 5150.64505 AT & T 8100 COMMUNICATION CHARGES 475.28 5150.65625 SAT RADIO COMMUNICATIONS, LTD. MOTO WPLN4182A IMPRES SINGLE 617.76 5150.65625 SAT RADIO COMMUNICATIONS, LTD. MOTO RMN5075A PUBLIC SAFETY 558.36 5150.65625 SAT RADIO COMMUNICATIONS, LTD. MOTO NMN6247A PUBLIC SAFETY 653.40 5150.65625 SAT RADIO COMMUNICATIONS, LTD. MOTO AAH25KDF9AA5N HT1250 VHF 3,077.70 5150.65625 SAT RADIO COMMUNICATIONS, LTD. MOTO AAH25KDF9AA5N HT1250 VHF 524.25 5150.65625 SAT RADIO COMMUNICATIONS, LTD. MOTO AAH38KDH9DU6AN EX600 VHF 3,260.28 5150.65625 SAT RADIO COMMUNICATIONS, LTD. MOTO PMMN4022A REMOTE SPEAKER 356.40 5150.65625 SAT RADIO COMMUNICATIONS, LTD. MOTO PMMN4039A REMOTE SPEAKER 311.88 5150.65515 CHICAGOLAND PAVING CONTRACTORS 2012 MFT STREET RESURFACING 141,344.03 5150.65625 SAT RADIO COMMUNICATIONS, LTD. MOTO AAH25SDF9AA5N HT1250 UHF 3,234.18 203,066.25 203,066.25 00215 CDBG FUND 5205 TARGETED CODE ENFORCEMENT 5205.62770 DIEGO AND GABY'S LANDSCAPING C CASE 11-1192 1717 HOWARD 212.50 5205.62770 DIEGO AND GABY'S LANDSCAPING C CASE 06-0486 1729 DODGE 1,950.00 5205.62770 TGF ENTERPRISES, INC.CASE 09-1019 1233 DARROW 85.00 5205.62770 TGF ENTERPRISES, INC.CASE 12-0799 1920 BROWN 60.00 5205.62770 TGF ENTERPRISES, INC.CASE 10-1945 1323 DOBSON 80.00 5205.62770 ABG SERVICES, INC.CASE 11-2210 1822 HOVLAND CT 300.00 5205.62770 DIEGO AND GABY'S LANDSCAPING C CASE 11-1151 1719 HOWARD 212.50 5205.62770 DIEGO AND GABY'S LANDSCAPING C CASE 08-1888 1131 SHERMAN 150.00 3,050.00 *Advanced Payment 1448 of 508 CITY OF EVANSTON, ILR5504003B BILLS LIST 06/26/12PERIOD ENDING ACCOUNT NUMBER SUPPLIER NAME DESCRIPTION AMOUNT 5220 CDBG ADMINISTRATION 5220.65095 OFFICE DEPOT OFFICE SUPPLIES FY12 28.42 5220.62490 FEDERAL EXPRESS CORP.SHIPPING 22.81 51.23 5240 PUBLIC SERVICES 5240.62930 GIRL SCOUTS OF GREATER CHICAGO HEALTHY LIVING INITIATIVE 5,000.00 5240.62940 LEGAL ASSISTANCE FOUNDATION 1 EVANSTON LEGAL SERVICES 3,500.00 8,500.00 11,601.23 00220 CD LOAN FUND 5285 MULTI FAM REHAB PROGRAM 5285.65535.SNRSA VALUE REMODELING CASE MF 095.12 629 HOWARD 9,950.00 9,950.00 9,950.00 00225 ECONOMIC DEVELOPMENT FUND 5300 ECON. DEVELOPMENT FUND 5300.65095 OFFICE DEPOT OFFICE SUPPLIES 2012 51.56 5300.65095 OFFICE DEPOT OFFICE SUPPLIES 2012 14.80 5300.65095 OFFICE DEPOT OFFICE SUPPLIES 2012 65.19 5300.65095 OFFICE DEPOT OFFICE SUPPLIES 2012 51.47 5300.62205 PIONEER PRESS FY12 LEGAL ADS 6.80 5300.62205 PIONEER PRESS FY12 LEGAL ADS 95.60 5300.62205 PIONEER PRESS LEGAL ADS FY 2012 ADDTL FUNDS 400.00 5300.62490 H & H CHICAGO 3RD WARD MEETING POSTCARDS 690.00 1,375.42 1,375.42 00240 HOME FUND 5430 HOME FUND 5430.65535 HOUSING OPPORTUNITY DEVELOPMEN 131 CALLAN REHAB PROJECTS 36,486.00 36,486.00 36,486.00 00300 WASHINGTON NATL TIF DEBT SERV 5470 WASHINGTON NAT'L TIF DS 5470.65502 GILCO SCAFFOLDING CO SCAFFOLDING FOR SHERMAN 2,460.00 2,460.00 2,460.00 00310 HOWARD-HARTREY TIF DEBT SERV 5500 HOWARD-HARTREY TIF DEBT SRVCE 5500.62665 COOK COUNTY COLLECTOR HOWARD/HARTREY TIF SURPLUS 1,000,000.00 1,000,000.00 1,000,000.00 00320 DEBT SERVICE FUND 5700 2008D (1999 REFINAN.) GO BONDS 5700.62350 WELLS FARGO BANK SERIES 2008D 250.00 250.00 *Advanced Payment 1549 of 508 CITY OF EVANSTON, ILR5504003B BILLS LIST 06/26/12PERIOD ENDING ACCOUNT NUMBER SUPPLIER NAME DESCRIPTION AMOUNT 250.00 00330 HOWARD RIDGE TIF 5860 HOWARD RIDGE TIF 5860.65511 JOHNSON LOCKSMITH, INC.SERV. CALL 625-627 HOWARD 302.69 302.69 302.69 00415 CAPITAL IMPROVEMENTS FUND 415175 CIVIC CTR RENOVATIONS 415175.65510 BEHLES & BEHLES PROVIDE CONSULTING SERVICES 15,768.99 415175.65653 UNITED STATES ALLIANCE FIRE PR BID #12-58 - CIVIC CENTER 77,985.00 415175.62280 FEDERAL EXPRESS CORP.SHIPPING 18.81 93,772.80 415176 CIVIC CTR PRK LOT LIGHTING IMP 415176.62145 KLAUCENS & ASSOCIATES, INC.CIVIC CENTER PARKING LOT 2,032.50 2,032.50 415224 SERV. CTR PARKING DECK REPAIRS 415224.65050 VOLLMAR CLAY PRODUCTS CO.REPLACEMENT SEWER PARTS 2,542.95 415224.62140 WALKER INC., CARL REPAIR OF EVANSTON MUNICIPAL 2,005.58 4,548.53 415663 NOYES ROOF PROJECT 415663.62135 CROWLEY & ASSOC, C.E.NOYES CHIMNEY DESIGN SERVICES 2,350.00 2,350.00 415739 POLICE FIRE ROOF REPLACEMENT 415739.65510 MCGUIRE IGLESKI & ASSOCIATES ROOF PROFESSIONAL SERVICES 6,150.00 415739.65510 MCGUIRE IGLESKI & ASSOCIATES ROOF PROFESSIONAL SERVICES 9,973.60 16,123.60 416127 LAKEFRONT MASTER PLAN 416127.62145 AECOM USA, INC.LAKEFRONT CORRIDOR 6,743.30 6,743.30 125,570.73 00420 SPEC ASSESS CAP PROJECT FUND 6383 SPECIALL ASSESSMENT 1476 6383.56570 NANCY RADNER REIMB. INTEREST WARRANT 1476 11.24 11.24 11.24 00505 PARKING SYSTEM FUND 7005 PARKING SYSTEM MGT 7005.65625 OFFICE CONCEPTS SUPPLY & DELIVER CHAIRS PER 4,415.91 7005.64540 SAT RADIO COMMUNICATIONS, LTD. MOTO AAH25SDF9AA5N 6,603.96 7005.64540 NEXTEL WIRELESS SERVICE 286.73 7005.68205 ILLINOIS SECRETARY OF STATE, V ANNUAL VEHICLE RECORDS RENEWAL 500.00 7005.62431 GARDA CL GREAT LAKES, INC.ARMORED CAR SERVICES 1,270.50 7005.65515 BEHLES & BEHLES 2012 PARKING GARAGE ROOF 18,333.04 7005.64540 SAT RADIO COMMUNICATIONS, LTD. MOTORMN5075A 930.60 7005.64540 SAT RADIO COMMUNICATIONS, LTD. MOTOWPLN4192A 891.00 *Advanced Payment 1650 of 508 CITY OF EVANSTON, ILR5504003B BILLS LIST 06/26/12PERIOD ENDING ACCOUNT NUMBER SUPPLIER NAME DESCRIPTION AMOUNT 33,231.74 7015 PARKING LOTS & METERS 7015.64005 COMED ELECTRICITY 310.65 7015.64005 COMED ELECTRICITY 195.71 7015.65070 IPS GROUP, INC.MANAGEMENT/TRANSACTION FEES 430.00 7015.53510 COOK COUNTY COLLECTOR *PARKING TAX MAY 2012 240.00 1,176.36 7025 CHURCH STREET GARAGE 7025.53515 MATHER LIFEWAYS ACCESS CARD REFUND 25.00 7025.53515 NAN GIORDANO ACCESS CARD REFUND 25.00 7025.53515 RACHEL KNUTSON ACCESS CARD REFUND 25.00 7025.53515 HAYDEN LANDSCAPE ACCESS CARD REFUND 25.00 7025.62400 CENTRAL PARKING SYSTEM OF ILLI OPERATING/MANAGEMENT FEES 23,918.61 7025.53515 ARTHUR DAVENPORT ACCESS CARD REFUND 25.00 7025.53500 COOK COUNTY COLLECTOR *PARKING TAX MAY 2012 2,513.50 7025.53515 RYAN GANSER ACCESS CARD REFUND 25.00 7025.53515 THE HOMESTEAD/DAVID REYNOLDS ACCESS CARD REFUND 125.00 7025.62509 REVCON TECHNOLOGIES, INC.SERVICE CONTRACT MAINTENANCE 2,650.00 7025.53515 VACATION STOREBUILDER LLC ACCESS CARD REFUND 75.00 7025.53515 OKSANA YARISH ACCESS CARD REFUND 25.00 29,457.11 7036 SHERMAN GARAGE 7036.53515 LOUIS WILSON ACCESS CARD REFUND 25.00 7036.53515 JASON BOWMAN ACCESS CARD REFUND 25.00 7036.53515 MALGORZATA WOJDYLA ACCESS CARD REFUND 25.00 7036.53515 R.J. MARQUEZ C/O MEREDITH OLSO ACCESS CARD REFUND 25.00 7036.53515 VANESSA ALVELO ACCESS CARD REFUND 25.00 7036.53515 LEAH MOYERS ACCESS CARD REFUND 25.00 7036.53515 SHABANA MASKATIYA ACCESS CARD REFUND 25.00 7036.53515 CAROLYN SMITH ACCESS CARD REFUND 25.00 7036.53500 COOK COUNTY COLLECTOR *PARKING TAX MAY 2012 4,009.25 7036.53515 HAMINGTON GIL ACCESS CARD REFUND 25.00 7036.62400 CENTRAL PARKING SYSTEM OF ILLI OPERATING/MANAGEMENT FEES 54,131.47 7036.65050 GRAINGER, INC., W.W.MAINTENANCE MATERIALS 205.92 7036.62509 REVCON TECHNOLOGIES, INC.SERVICE CONTRACT MAINTENANCE 7,510.00 7036.62660 INLAND AMERICAN RETAIL MANAGEM COMMON AREA MAINT-JUNE 2012 7,016.41 7036.53515 MATT BERRY ACCESS CARD REFUND 25.00 7036.53515 SEHWA HUH ACCESS CARD REFUND 25.00 7036.53515 TRAVIS TURNER ACCESS CARD REFUND 25.00 7036.53515 KANETHA BELL ACCESS CARD REFUND 25.00 7036.53515 JULIE DEBOER ACCESS CARD REFUND 25.00 7036.53515 AMAN GHAFOOR ACCESS CARD REFUND 25.00 7036.53515 KRISTINA PUCKORIENE ACCESS CARD REFUND 25.00 7036.53515 MARY ANNE SMITH ACCESS CARD REFUND 25.00 7036.53515 JACOB MIBB ACCESS CARD REFUND 25.00 7036.53515 VALERIE FALSTAD ACCESS CARD REFUND 25.00 7036.53515 KELLY GILLFILLAN ACCESS CARD REFUND 25.00 7036.53515 KELLY SARTI ACCESS CARD REFUND 25.00 7036.53515 CORRINE GUERRA ACCESS CARD REFUND 25.00 *Advanced Payment 1751 of 508 CITY OF EVANSTON, ILR5504003B BILLS LIST 06/26/12PERIOD ENDING ACCOUNT NUMBER SUPPLIER NAME DESCRIPTION AMOUNT 7036.53515 MAGGIE JAHN ACCESS CARD REFUND 25.00 7036.53515 NOEIL YOUKHANA ACCESS CARD REFUND 25.00 7036.53515 WALI SHAKIR ACCESS CARD REFUND 25.00 7036.53515 KELLY WALLACE ACCESS CARD REFUND 25.00 7036.53515 MARGARET CHOUMBAKOS ACCESS CARD REFUND 25.00 7036.53515 RICK NELSON ACCESS CARD REFUND 25.00 7036.53515 JOSEPH EDELSTEIN ACCESS CARD REFUND 25.00 7036.53515 BRIAN KOWIESKI ACCESS CARD REFUND 25.00 7036.53515 BRUCE KOS SR.ACCESS CARD REFUND 25.00 73,648.05 7037 MAPLE GARAGE 7037.53500 COOK COUNTY COLLECTOR *PARKING TAX MAY 2012 2,777.00 7037.53515 DAN O'BRIEN ACCESS CARD REFUND 25.00 7037.62400 CENTRAL PARKING SYSTEM OF ILLI OPERATING/MANAGEMENT FEES 47,837.30 7037.64015 NICOR 0632 NATURAL GAS 80.89 7037.62509 REVCON TECHNOLOGIES, INC.SERVICE CONTRACT MAINTENANCE 5,036.00 7037.53515 LAUREN ADELSON ACCESS CARD REFUND 25.00 7037.53515 MIKE HOGAN ACCESS CARD REFUND 25.00 7037.53515 HANNAH KOLKMEIER ACCESS CARD REFUND 25.00 7037.53515 CLAUDIA SANCHEZ ACCESS CARD REFUND 25.00 7037.53515 ANTHONY JONES ACCESS CARD REFUND 25.00 7037.53515 TIMOTHY TYLER ACCESS CARD REFUND 25.00 7037.53515 CITY OF ROLLING MEADOWS ACCESS CARD REFUND 25.00 7037.53515 KARL LARSON ACCESS CARD REFUND 25.00 7037.53515 BENJAMIN FERDINAND ACCESS CARD REFUND 25.00 7037.53515 MICHAEL GREGORY ACCESS CARD REFUND 25.00 7037.53515 VILLAGE OF NILES ACCESS CARD REFUND 25.00 7037.53515 MICHAEL ROTH ACCESS CARD REFUND 25.00 7037.53515 ANTHONY FIKENS ACCESS CARD REFUND 25.00 7037.53515 SHEILA ROTH ACCESS CARD REFUND 25.00 7037.53515 JUSTIN HALL ACCESS CARD REFUND 25.00 7037.53515 COLIN RUSSI ACCESS CARD REFUND 25.00 7037.53510 COOK COUNTY COLLECTOR *PARKING TAX MAY 2012 440.00 56,596.19 194,109.45 00510 WATER FUND 7100 WATER GENERAL SUPPORT 7100.53575 FEDERAL EXPRESS CORP.SHIPPING 113.46 7100.62309 WEST SIDE TRACTOR COMB. BACKHOE/LOADER REPLACEME 76,957.00 7100.56145 LORUSSO CEMENT CONTRACTORS, IN FIRE HYDRANT DEPOSIT REFUND 300.00 7100.56145 NATIONAL POWER RODDING CORP. FIRE HYDRANT-2 DEPOSIT REFUNDS 600.00 7100.64540 NEXTEL WIRELESS SERVICE 206.67 7100.62315 FEDERAL EXPRESS CORP.SHIPPING 111.83 7100.62210 PIONEER PRESS WATER REPORT 1,085.00 7100.62210 EVANSTON ROUND TABLE LLC ADS BEACH TOKEN/UTIL.990.00 7100.56140 ILLINOIS DEPT OF REVENUE *SALES TAX MAY 2012 263.00 7100.65010 PRINTABLE PROMOTIONS 22 OZ. MARATHON BPA FREE SPORT .01 7100.65010 PRINTABLE PROMOTIONS 22 OZ. MARATHON BPA FREE SPORT 2,019.99 7100.65010 PRINTABLE PROMOTIONS 18 OZ. EASY GRIP STAINLESS 1,432.00 *Advanced Payment 1852 of 508 CITY OF EVANSTON, ILR5504003B BILLS LIST 06/26/12PERIOD ENDING ACCOUNT NUMBER SUPPLIER NAME DESCRIPTION AMOUNT 7100.65095 OFFICE DEPOT OFFICE SUPPLIES FOR FY 2012 83.99 7100.65095 OFFICE DEPOT OFFICE SUPPLIES FOR FY 2012 111.73 7100.62295 MEADE, ELEANORE REIMB. WEST SHORE WATER MEETNG 90.91 84,365.59 7105 PUMPING 7105.64540 NEXTEL WIRELESS SERVICE 163.26 7105.64015 NICOR 0632 MONTHLY CHARGES 30.73 7105.64005 COMED MONTHLY CHARGES 70.83 264.82 7110 FILTRATION 7110.62465 UNDERWRITERS LABORATORIES INC. 2012 LABORATORY TESTING 10.00 7110.64540 NEXTEL WIRELESS SERVICE 163.26 7110.65015 PENCCO, INC 300 TONS - HYDROFLUORSILIC 13,743.76 7110.62420 METROPOLITAN WATER RECLAIMATIO ANNUAL SLUDGE DISPOSAL USER 40,000.00 7110.62420 METROPOLITAN WATER RECLAIMATIO ANNUAL SLUDGE DISPOSAL CHARGE 41,566.00 7110.62465 UNDERWRITERS LABORATORIES INC. 2012 LABORATORY TESTING 250.00 95,733.02 7115 DISTRIBUTION 7115.65055 MID AMERICAN WATER OF WAUCONDA 6" DUCTILE IRON PIPE WITH 4,800.00 7115.65055 MIDWEST CHLORINATING & TESTING CHLORINATION OF NEW WATER MAIN 350.00 7115.64540 NEXTEL WIRELESS SERVICE 373.98 7115.65055 WATER PRODUCTS CO.12" TYLER-UNION DOU SLEEVE 1,298.00 7115.65055 WATER PRODUCTS CO.12" OMEGA COUPLING 538.00 7115.65055 WATER PRODUCTS CO.12" TYLER-UNION CUT IN SLEEVE 1,950.00 7115.65055 WATER PRODUCTS CO.8" TYLER-UNION CUT IN SLEEVE 1,190.00 7115.65051 HEALY ASPHALT FY2012 HOT MIX ASPHALT 630.24 7115.65051 HEALY ASPHALT FY2012 HOT MIX ASPHALT 621.92 7115.65055 HD SUPPLY WATERWORKS FIRE HYDRANTS BID 12-114 36,060.00 7115.62415 KLF TRUCKING DEBRIS HAULING 7,610.00 55,422.14 7120 WATER METER MAINTENANCE 7120.64540 NEXTEL WIRELESS SERVICE 86.13 86.13 7130 WATER CAPITAL OUTLAY 7130.65555 CDS OFFICE TECHNOLOGIES PANASONIC TOUGHBOOK 31 10,000.00 7130.65702 OFFICE CONCEPTS SUPPLY AND DELIVER CHAIR AND 1,550.95 11,550.95 247,422.65 00513 WATER-DEPR, IMPROV & EXTENSION 733086 2008 WATER MAIN INSTALLATION 733086.65515 GLENBROOK EXCAVATING & CONCRET 2012 WATER MAIN REPLACEMENT 310,909.90 310,909.90 310,909.90 00515 SEWER FUND 7400 SEWER MAINTENANCE 7400.65051 HEALY ASPHALT FY2012 HOT MIX ASPHALT 513.24 *Advanced Payment 1953 of 508 CITY OF EVANSTON, ILR5504003B BILLS LIST 06/26/12PERIOD ENDING ACCOUNT NUMBER SUPPLIER NAME DESCRIPTION AMOUNT 7400.65051 HEALY ASPHALT FY2012 HOT MIX ASPHALT 3,486.76 7400.65051 HEALY ASPHALT FY2012 HOT MIX ASPHALT 6.00 7400.65051 OZINGA CHICAGO RMC, INC.FY2012 CONCRETE PURCHASE 1,488.00 7400.64540 NEXTEL WIRELESS SERVICE 233.43 7400.65055 KIEFT BROTHERS INC.36"X24" T&G PRE-CAST BARREL 768.00 7400.65055 KIEFT BROTHERS INC.48"X16" T&G PRE-CAST BARREL 225.00 7400.65055 KIEFT BROTHERS INC.48" T&G FLAT TOP 450.00 7400.65055 KIEFT BROTHERS INC.36"X24" T&G PRE-CAST BARREL 1,152.00 7400.65055 KIEFT BROTHERS INC.48"X12" T&G PRE-CAST BARREL 180.00 7400.65055 KIEFT BROTHERS INC.48"X24" T&G PRE-CAST BARREL 570.00 7400.65055 KIEFT BROTHERS INC.36" T&G FLAT TOP 960.00 7400.65055 KIEFT BROTHERS INC.36" T&G FLAT TOP 240.00 7400.65055 KIEFT BROTHERS INC.36"X16" T&G PRE-CAST BARREL 512.00 7400.65055 KIEFT BROTHERS INC.36"X16" T&G PRE-CAST BARREL 128.00 7400.65055 KIEFT BROTHERS INC.36"X24" T&G PRE-CAST BARREL 192.00 7400.65055 KIEFT BROTHERS INC.36"X24" T&G PRE-CAST BARREL 288.00 7400.65051 OZINGA CHICAGO RMC, INC.FY2012 CONCRETE PURCHASE 927.00 7400.65051 OZINGA CHICAGO RMC, INC.FY2012 CONCRETE PURCHASE 1,242.00 7400.65051 OZINGA CHICAGO RMC, INC.FY2012 CONCRETE PURCHASE 1,242.00 7400.62461 C.T.R. SYSTEMS 2012 CIPP SPOT LINE SEWER 11,800.00 7400.65055 KIEFT BROTHERS INC.48"X24" T&G PRE-CAST BARREL 570.00 7400.65055 KIEFT BROTHERS INC.48"X12" T&G PRE-CAST BARREL 180.00 7400.65055 KIEFT BROTHERS INC.48"X16" T&G PRE-CAST BARREL 225.00 7400.65055 KIEFT BROTHERS INC.48" T&G FLAT TOP 450.00 28,028.43 7415 CAPITAL OUTLAY 7415.65555 CDS OFFICE TECHNOLOGIES PANASONIC TOUGHBOOK 31 9,280.00 9,280.00 7420 SEWER IMPROVEMENTS 7420.65515 AMERICAN PIPE LINERS, INC.2012 CIPP SEWER REHAB 68,352.50 7420.62461 AMERICAN PIPE LINERS, INC.2012 CIPP SEWER REHAB 100,739.50 169,092.00 206,400.43 00520 SOLID WASTE FUND 7685 REFUSE COLLECT & DISPOSAL 7685.62415 GROOT RECYCLING & WASTE SERVIC FY2012 RESIDENTIAL REFUSE 132,765.00 7685.62405 WELLS FARGO BANK- SWANCC SWANCC OPERATIONS & MAINT.72,951.12 7685.68310 WELLS FARGO BANK- SWANCC SWANCC CAPITAL COSTS 5,232.15 7685.62390 LAKESHORE WASTE SERVICES, LLC FY2012 CONDO REFUSE COLLECTION 31,416.67 7685.56155 ILLINOIS DEPT OF REVENUE *SALES TAX MAY 2012 445.00 242,809.94 7695 YARD WASTE COLLECTION 7695.62415 GROOT RECYCLING & WASTE SERVIC FY2012 YARD WASTE COLLECTION 65,886.00 65,886.00 308,695.94 00600 FLEET SERVICES 7705 GENERAL SUPPORT *Advanced Payment 2054 of 508 CITY OF EVANSTON, ILR5504003B BILLS LIST 06/26/12PERIOD ENDING ACCOUNT NUMBER SUPPLIER NAME DESCRIPTION AMOUNT 7705.64540 NEXTEL WIRELESS SERVICE 108.33 7705.62235 MIDWEST TIME RECORDER MAINT. CONTRACT/REPAIRS 105.00 213.33 7710 MAJOR MAINTENANCE 7710.65060 INTERSTATE BATTERY OF NORTHERN MARINE BATTERY 109.95 7710.65060 LAKE/COOK C.V. JOINTS INC SHAFT REPAIR #713 252.00 7710.65060 LAKE/COOK C.V. JOINTS INC OUTSIDE REPAIR 451.00 7710.65060 LEACH ENTERPRISES, INC.ALUMN. SPLIT MIRROR 42.97 7710.65060 LEACH ENTERPRISES, INC.AIR DRYER SPIN 306.56 7710.65060 LINDCO EQUIPMENT SALES, INC.GALLON PRE-WET STRAP 44.08 7710.65090 METRO TANK AND PUMP COMPANY NEW FIRE EXTINGUISHERS/CABINET 989.00 7710.65060 NORTH SHORE TOWING TIRE CHANGE #51 50.00 7710.65065 POMP'S TIRE SERVICE, INC.6 TIRE MOUNTS 191.00 7710.65060 R.A. ADAMS ENTERPRISES INC,WESTERN CUTTING EDGE 515.70 7710.65060 REGIONAL TRUCK EQUIPMENT CO. I EXTREME PROTECTION REPLACEMNT 197.78 7710.65060 REGIONAL TRUCK EQUIPMENT CO. I CONTROLLER 155.42 7710.65060 SIGLER'S AUTOMOTIVE & BODY SHO OUTSIDE REPAIR #258 880.00 7710.65060 SIGLER'S AUTOMOTIVE & BODY SHO OUTSIDE REPAIR #722 754.83 7710.65060 SPRING ALIGN SUSPENSION WORK 683.36 7710.65060 STANDARD EQUIPMENT COMPANY BALL SOCKET 190.20 7710.65060 STANDARD EQUIPMENT COMPANY VALVE, MANUAL TIPPER 772.00 7710.65060 STANDARD EQUIPMENT COMPANY WORK LIGHT W/HARNESS 149.11 7710.65060 STANDARD EQUIPMENT COMPANY 3 SWEEPER BROOMS 925.17 7710.65060 STANDARD EQUIPMENT COMPANY BEARING FAN ASSYM 149.67 7710.65060 TRIANGLE SERVICE, INC.OUTSIDE REPAIR #928 125.00 7710.65060 VERMEER MIDWEST CRANK HANDLE 83.20 7710.65060 WEST SIDE TRACTOR OUTSIDE REPAIR #659 1,189.60 7710.65060 WEST SIDE TRACTOR OIL LINE RETURN 199.16- 7710.65060 WEST SIDE TRACTOR FILTERS 61.32 7710.65060 WEST SIDE TRACTOR REARVIEW MIRROR & HARDWARE 245.70 7710.65060 WHOLESALE DIRECT INC 10 WIPER BLADES 46.75 7710.65060 HAVEY COMMUNICATIONS INC.EMERGENCY LIGHTS & SIRENS 122.90 7710.65060 HAVEY COMMUNICATIONS INC.EMERGENCY LIGHTS & SIRENS 175.25 7710.65085 RANDLE, RICHARD TOOL ALLOWANCE 550.00 7710.65060 CARQUEST EVANSTON OIL/AIR FILTERS 16.12 7710.65060 CARQUEST EVANSTON O-RINGS 30.30 7710.65060 CARQUEST EVANSTON GREASE GUN COUPLER 11.42 7710.65060 CARQUEST EVANSTON DISC BRAKE AXLE 9.79 7710.65060 CARQUEST EVANSTON IGNITION WIRE SET 71.99 7710.65060 CARQUEST EVANSTON DBLE PLAT SPARK PLUGS 51.84 7710.65060 CARQUEST EVANSTON IGNITION WIRE SET/AIR FILTER 75.29 7710.65060 CARQUEST EVANSTON AIR FILTER 13.50 7710.65060 CARQUEST EVANSTON SML/LARG BAND CLAMPS 11.91 7710.65060 CARQUEST EVANSTON AIR FILTERS 14.74 7710.65060 CARQUEST EVANSTON AIR FILTERS 23.47 7710.65060 CARQUEST EVANSTON DRIVE ALIGN-PULLEY/TENSIONER 73.56 7710.65060 CARQUEST EVANSTON OIL FILTERS 14.04 7710.65060 CARQUEST EVANSTON BRAKE ROTOR/ BRAKE PAD 129.35 7710.65060 CARQUEST EVANSTON HYDRL FITTING 4.86 *Advanced Payment 2155 of 508 CITY OF EVANSTON, ILR5504003B BILLS LIST 06/26/12PERIOD ENDING ACCOUNT NUMBER SUPPLIER NAME DESCRIPTION AMOUNT 7710.65060 CARQUEST EVANSTON HI POP AIR FILTER 25.05 7710.65060 FULL THROTTLE MARINE, INC.WATERCRAFT MAINTENENCE 861.08 7710.65060 GOLF MILL FORD PURCHASE OF OEM FORD PARTS 8.66 7710.65060 GOLF MILL FORD PURCHASE OF OEM FORD PARTS 42.62 7710.65060 GOLF MILL FORD PURCHASE OF OEM FORD PARTS 205.00 7710.65060 GOLF MILL FORD PURCHASE OF OEM FORD PARTS 215.38 7710.65060 GOLF MILL FORD PURCHASE OF OEM FORD PARTS 421.60 7710.65060 GOLF MILL FORD PURCHASE OF OEM FORD PARTS 5,536.65 7710.65035 WORLD FUEL SERVICES, INC./TEXO FUEL PURCHASES 28,077.29 7710.65035 WORLD FUEL SERVICES, INC./TEXO FUEL PURCHASES 27,470.83 7710.65060 ALLTECH AUTO INC.OUTSIDE REPAIR #170 646.29 7710.65060 BARBER & SONS, INC. H DRAWBAR 264.35 7710.65060 BILL'S AUTO & TRUCK REPAIR OUTSIDE REPAIR #451 947.05 7710.65060 BUCK BROTHERS, INC.TIE ROD ASSYM 675.04 7710.65060 BUCK BROTHERS, INC.TIE ROD/LOCK NUT/ARM 383.08 7710.65060 BUCK BROTHERS, INC.TIE ROD ASSYM 364.08 7710.65060 BUCK BROTHERS, INC.TIE ROD ASSYM RETURN 86.58- 7710.65060 BUCK BROTHERS, INC.TIE ROD ASSYM 730.06 7710.65060 CARQUEST EVANSTON DRIVE ALIGN PULLEY RETURN 13.13- 7710.65060 CARQUEST EVANSTON BRAKE ROTOR RETURN 83.76- 7710.65060 CARQUEST EVANSTON IGNITION WIRE SET RETURN 71.99- 7710.65015 CERTIFIED LABORATORIES NO-FROST AEROSOL RETURN 228.00- 7710.65015 CERTIFIED LABORATORIES BULK GREASE 1,747.67 7710.65060 CHICAGO INTERNATIONAL TRUCKS, EXHAUST INSTALL #316 1,623.03 7710.65060 CHICAGO INTERNATIONAL TRUCKS, EXHAUST STOCK 107.27 7710.65060 CHICAGO PARTS & SOUND, LLC COOLING FAN ASSYM 278.91 7710.65060 CHICAGO PARTS & SOUND, LLC MOTOR COOLING BLOWER 181.02 7710.65060 CHICAGO PARTS & SOUND, LLC ROTOR ASSYM 147.64 7710.65060 CHICAGO PARTS & SOUND, LLC EXHAUST EMISSION CONTROL 81.76 7710.62355 CINTAS #22 WEEKLY UNIFORM SERVICE 113.52 7710.62355 CINTAS #22 WEEKLY UNIFORM SERVICE 120.25 7710.62355 CINTAS #769 WEEKLY MAT SERVICE 152.90 7710.62355 CINTAS #769 WEEKLY MAT SERVICE 152.90 7710.65035 CITY WELDING SALES & SERVICE I REIMB. SERVICE ORDER 311.00- 7710.65035 CITY WELDING SALES & SERVICE I WELDING GASES 269.66 7710.65085 CITY WELDING SALES & SERVICE I SHOP TOOLS-CUTTING TIPS 1,233.60 7710.65035 CITY WELDING SALES & SERVICE I WELDING GASES 81.48 7710.65035 CITY WELDING SALES & SERVICE I WELDING GASES 81.15 7710.65035 CITY WELDING SALES & SERVICE I WELDING GASES 81.48 7710.65060 COUNTRY GAS CO.CYLND. RENTAL 29.95 7710.65060 CUMBERLAND SERVICENTER EXHAUST ELBOW 699.24 7710.65060 BUCK BROTHERS, INC.TIE ROD ASSYM RETURN 730.06- 7710.65060 EVANSTON CAR WASH & DETAIL CEN 10 CAR WASHES 75.98 7710.65060 GLOBAL EMERGENCY PRODUCTS, INC VALVE FLOW CONTROL 50.88 7710.65060 GRAINGER, INC., W.W.BOTTLE TRIGGER SPRAY 8.82 7710.65060 GRAINGER, INC., W.W.BINS 63.50 7710.65060 GROVER WELDING COMPANY TOW BAR DRILL HOLE 40.00 7710.65060 INTERSTATE BATTERY OF NORTHERN WAVE RUNNER BATTERY 72.95 83,607.69 83,821.02 *Advanced Payment 2256 of 508 CITY OF EVANSTON, ILR5504003B BILLS LIST 06/26/12PERIOD ENDING ACCOUNT NUMBER SUPPLIER NAME DESCRIPTION AMOUNT 00601 EQUIPMENT REPLACEMENT FUND 7780 VEHICLE REPLACEMENTS 7780.62375 UNITED RENTALS ROLLER RENTAL 2,588.60 2,588.60 2,588.60 00605 INSURANCE FUND 7800 RISK MANAGEMENT 7800.66051 GALLAGHER BENEFIT SERVICES, IN *CONSULTING SERVICES 03-2012 9,500.00 9,500.00 9,500.00 00700 FIREFIGHTERS PENSION FUND 8000 FIREFIGHTERS' PENSION 8000.61755 SMITH BARNEY INC.*PERFORMANCE MONITORING FEES 8,100.58 8,100.58 8,100.58 00705 POLICE PENSION FUND 8100 POLICEMEN'S PENSION 8100.61755 TONINO, PIETRO M.*DISABILITY REPORT 1,000.00 8100.61755 OTTOSEN BRITZ KELLY COOPER AND *LEGAL SERV-58167,8,58124,5,6 6,526.61 8100.61755 GARCIA HAMILTON AND ASSOCIATES *2ND QRT FIXED INCOME MNG.9,626.25 17,152.86 17,152.86 3,114,602.85TOTAL *Advanced Payment 2357 of 508 ACCOUNT NUMBER SUPPLIER NAME DESCRIPTION AMOUNT Supplemental Bills List Attachment General 1910.62655 Secap Secap Lease Monthly 255.05 3205.62695 Best Taxi Taxi Cab Coupons payment 4,134.00 3205.62695 American Charge Service Taxi Cab Coupons payment 72.00 4,461.05 Insurance Various Various Worker's Comp 48,927.53 Various Various Worker's Comp 5,495.35 Various Various Casualty Loss 15,526.57 69,949.45 NSP2 5081.62486 First American Title NSP2 Acquisition-Real Estate Close 99,779.38 Various Brinshore Development LLC NSP2 Real Estate Activities 185,720.11 285,499.49 Sewer 7610.68305 IEPA Loan Disbursement Sewer Imp 90,535.08 7570.68305 IEPA Loan Disbursement Sewer Imp 272,601.06 7530.68305 IEPA Loan Disbursement Sewer Imp 76,555.83 439,691.97 799,601.96 Grand Total 3,936,198.81 Prepared by Date Approved by Date CITY OF EVANSTON BILLS LIST PERIOD ENDING 06/26/2012 *Advanced Payment 2458 of 508 For City Council meeting of June 25, 2012 Item A3.1 Business of the City by Motion: Engineering Study for Water Supply Main For Action To: Honorable Mayor and Members of the City Council Administration and Public Works Committee From: David Stoneback, Director of Utilities Subject: Engineering Study for Water Supply Transmission Main to Potential New Wholesale Water Customers (RFP 12-131) Date: June 12, 2012 Recommended Action: Staff recommends City Council authorize the City Manager to execute an agreement for an engineering study for a water supply transmission main to potential new wholesale water customers (RFP 12-131) with MWH Americas, Inc. (175 W. Jackson Blvd, Suite 1900, Chicago, IL) in the not-to-exceed amount of $149,800. Funding Source: Funding in the amount of $21,400 will be from the water fund, account 7125.62180 which has a FY 2012 budget allocation of $147,000. Although Evanston will process and make all payments to MWH, the balance of the funding will be reimbursed by the City’s partners in this study, including the Northwest Water Commission, the Northwest Suburban Municipal Joint Action Water Agency, the Village of Niles, the Village of Lincolnwood, the City of Des Plaines and the City of Park Ridge. Background: On March 19, 2012, the City Council authorized the City Manager to negotiate and execute Memorandums of Understanding with the Northwest Water Commission, the Northwest Suburban Municipal Joint Action Water Agency, the Village of Niles, the Village of Lincolnwood, the City of Des Plaines and the City of Park Ridge for joint participation in an engineering study on a proposed water supply transmission main. The engineering study would determine the size, potential routes, methods of construction and preliminary construction costs for a transmission main to supply water to these potential new wholesale water customers while providing a backup transmission main to the Northwest Water Commission, a current wholesale water customer. Memorandum 59 of 508 Analysis: The request for proposal was advertised on Demandstar and in the Chicago Tribune. Proposals were received on May 15, 2012. A total of five proposals were received as follows: Consultant Address Black & Veatch Corporation 11401 Lamar, Overland Park, KS CDM Smith Inc. 125 South Wacker Drive, Suite 600, Chicago, IL MWH Americas, Inc. 175 W. Jackson Blvd., Suite 1900, Chicago, IL Robinson Engineering, Ltd. 10045 W. Lincoln Hwy., Frankfort, IL 60423 Stanley Consultants, Inc. 8501 W. Higgins Road, Suite 730, Chicago, IL The proposals were reviewed by: • John DuRocher, Executive Director, Northwest Water Commission • Kevin Lockhart, Deputy Director, Northwest Suburban Municipal JAWA • Scott Jochim, Public Works Director, Village of Niles • Jim Johnson, AT Group, Consultant for Village of Lincolnwood • Timothy Oakley, Director of Public Works and Engineering, City of Des Plaines • Wayne Zingsheim, Director of Public Works, City of Park Ridge • Dave Stoneback, Utilities Director, City of Evanston The averaged preliminary scoring of the proposals was as follows: Selection Criteria Max Pts B&V CDM MWH Robinson Stanley Firm Qualifications / Experience 10 9 9 9 5 5 Project Manager / team Experience 15 12 11 13 5 8 Project Approach 20 19 16 18 13 12 Cost 25 21 21 20 8 21 Completeness of Proposal 10 10 9 10 9 8 Willingness to Execute Agreement 10 10 10 10 9 7 M/W/EBE Participation 10 8 8 8 1 8 TOTAL 100 88 84 87 49 68 The review group decided to interview the three firms with the highest preliminary scores. These interviews were conducted on June 7, 2012. The interview committee consisted of: • Scott Jochim, Public Works Director, Village of Niles • Jim Johnson, AT Group, Consultant for Village of Lincolnwood • Timothy Oakley, Director of Public Works and Engineering, City of Des Plaines • Dave Stoneback, Utilities Director, City of Evanston Following the interviews it was clear that all three firms had the necessary technology, experience, staff and ability to perform the engineering study. The proposed costs from these three firms ranged from $148,095 to $150,000. The interview committee 60 of 508 discussed the approach and strengths of all three firms and unanimously recommended the work be awarded to MWH Americas, Inc. in the not-to-exceed amount of $149,800. MWH demonstrated that their staff was highly technical with a wide range of local experts. Their project approach focused on efficient data collection and analysis. MWH will utilize a trademarked pipeline route assessment tool, mPATH, which provides an efficient method for comparing the merits of each alternative pipeline route by evaluating and scoring potential impacts in a consistent, easily comparable and reproducible manner. MWH proposes to use two sub-consultants, Cooper Civil Engineering LLC (an EBE) and American Surveying and Engineering (an MBE). Cooper Civil Engineering will assist on the alternate route layouts, and their role will be to apply their local knowledge to help establish right-of-ways (ROW) for the transmission main and constraints within the ROW for all potential alignments. They will also help evaluate the relative costs and impacts associated with the various pipeline routes. American Surveying and Engineering will provide data collection services, participate in the documentation of potential routes and be responsible for analysis of easement/land acquisition requirements associated with the alternative routes. These two sub-consultants are proposed to be used for 25% of the total cost which meets the M/W/EBE participation goal for the project. Attachments: Proposed Agreement with MWH including Exhibit A* M/W/EBE Memorandum *Exhibits B, C, and D are available at the following links. Exhibit B: RFP 12-131 Engineering Study for Water Supply Transmission Main http://www.cityofevanston.org/assets/EXHIBIT-B-rfp.pdf Exhibit C: MWH Americas Proposal May 2012 http://www.cityofevanston.org/assets/Exhibit-C-MWH-Proposal.pdf Exhibit D: Progress Schedule http://www.cityofevanston.org/assets/EXHIBIT-D-Progress-Schedule.pdf 61 of 508 CITY OF EVANSTON PROFESSIONAL SERVICES AGREEMENT The parties referenced herein desire to enter into an agreement for professional services for: Engineering Study for Water Supply Transmission Main THIS AGREEMENT (hereinafter referred to as the “Agreement”) entered into this ___ day of ________________, 2012, 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 MWH Americas, Inc. with offices located at 175 W. Jackson Blvd., Suite 1900, Chicago, IL 60604 (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 $149,800.00. I. COMMENCEMENT DATE Consultant shall commence the Services on July 16, 2012, 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 December 19, 2012. 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 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 62 of 508 2 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 No. 12-131 (Exhibit B) and Consultant’s Response to the Proposal, dated May, 15, 2012 (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, as is ordinarily exercised by qualified professionals performing similar services. 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- 63 of 508 3 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. 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 64 of 508 4 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 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 65 of 508 5 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, 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 wrongful 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. 66 of 508 6 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 not 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 therefrom. All provisions of this Section shall survive completion, expiration, or termination of this Agreement. No other changes to this article regarding Indemnity will be made at this time. 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 67 of 508 7 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 compensation 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 68 of 508 8 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 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 Statues, Ordinances and Regulations. In performing the Services, Consultant shall comply with all applicable federal, state, county, and municipal statues, ordinances and regulations, at Consultant’s sole cost and expense, except to the extent 69 of 508 9 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 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 70 of 508 10 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. 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 with 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. 71 of 508 11 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 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., 72 of 508 12 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 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. 73 of 508 13 IN WITNESS WHEREOF, the parties hereto have each approved and executed this Agreement on the day, month and year first above written. MWH Americas, Inc. CITY OF EVANSTON 175 W. Jackson Blvd., Suite 1900 2100 Ridge Avenue Chicago, IL 60604 Evanston, IL 60201 By ________________________ By:________________________ Wally Bobkiewicz Its: ________________________ Its: City Manager FEIN Number: _______________ Date: _____________________ Date: _______________________ 74 of 508 14 EXHIBIT A to the Professional Services Agreement for Engineering Study for Water Supply Transmission Main 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 MWH Americas, Inc., 175 W. Jackson Blvd., Suite 1900, Chicago, IL 60604 (“Consultant”) sets forth the Commencement and Completion Date, Services, Fees, and Reimbursable Expenses as follows: I. COMMENCEMENT DATE: July 16, 2012 II. COMPLETION DATE: December 19, 2012 III. FEES: Not-to-exceed $149,800.00 SCHEDULE OF VALUES: MILESTONE DELIVERABLE VALUE Kick-off Meeting Meeting Minutes $14,980.00 Alignment Workshop Preliminary Route Alignments $44,940.00 Draft Report Submission Draft Report $59,920.00 Draft Report Review Meeting Meeting Minutes $14,980.00 Final Report Submission Final Report $14,980.00 Reimbursable expenses shall be as listed on page 2 of Section 5, FEES, in the MWH Americas, Inc. proposal dated May 15, 2012. IV. SERVICES/SCOPE OF WORK: As defined in RFP #12-131 (Exhibit B) and Consultants Response to Proposal (Exhibit C) dated: May 15, 2012. 75 of 508 RFP 12-131, Engineering Study for Water Supply Transmission, M/W/EBE Compliance Approval, MWH Americas. To: Dave Stoneback, Director of Utilities From: Joseph McRae, Deputy City Manager Subject: RFP #12-131, Engineering Study for Water Supply Transmission Main Date: June 20, 2012 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’s goal is to have general contractors utilize M/W/EBEs to perform no less than 25% of the awarded contract. With regard to RFP #12-131, Engineering Study for Water Supply Transmission Main, MWH Americas is found to be in initial compliance with the goal by subcontracting approximately 25% of the contract work to certified M/W/EBE’s. MWH Americas total base bid is $149,800.00 and will receive 25% credit. Name of M/W/EBE Scope of Work Contract Amount % MBE WBE EBE American Surveying & Engineering, PC, 105 W. Madison, Ste. 1700, Chicago, IL 60602 Professional Survey, Permit Prep, Land Acquisition Services $18,800.00 12.5% x Cooper Civil Engineering, LTD, 1322 Roselle St., Evanston, IL 60201 Evaluation of ROW Elements, Alternate Transmission Main Routes, Utility Searches $18,800.00 12.5% x Total M/W/EBE $37,600.00 25 % Cc: Marty Lyons, Assistant City Manager/CFO Jewell Jackson, Purchasing & Contracts Manager Memorandum 76 of 508 For City Council meeting of June 25, 2012 Item A3.2 Business of the City by Motion: Purchase of Water Meters For Action To: Honorable Mayor and Members of the City Council Administration and Public Works Committee From: David Stoneback, Director of Utilities Lara Biggs, Superintendent – Construction & Field Services Subject: Contract for 2012 Water Meter Purchase (Bid No. 12-138) Date: June 13, 2011 Recommended Action: Staff recommends that City Council authorize the City Manager to execute a contract for the 2012 Water Meter Purchase (Bid No. 12-138) to Badger Meter, Inc. (4545 West Brown Deer Road, Milwaukee, WI) in the amount of $64,090.10. Funding Source: Funding will be provided by the Water Fund. $54,090.10 will come from Account 7120.65070, which has an allocation of $75,000 for FY 2012, and $10,000.00 will come from Account 7125.65080 (resale), which has an allocation of $35,000 for FY 2012. Summary: This contract is for the purchase of water meters used to measure the quantity of potable water delivered to Evanston retail customers. Materials purchased under this contract will be installed by staff in the Distribution Division or resold to private contractors. They will be used to replace damaged and inoperable water meters or used at new development sites. The bid for water meters was advertised on May 24, 2012 and advertised in the Evanston Review and on Demandstar. Bids were opened and publicly read on June 12, 2012. Two bids were received. The suppliers submitting bids were as follows: Supplier Address Badger Meter, Inc. 4545 West Brown Deer Road, Milwaukee, WI Water Resources Inc. 390 Sadler Avenue, Elgin, IL 60120 Memorandum 77 of 508 The pricing summary for the bids received is as follows: Supplier Bid Price Badger Meter, Inc. $64,090.10 Water Resources Inc. $75,308.00 Staff is recommending award to the apparent low bidder. Attached is a bid tabulation showing the submitted bid prices from the two suppliers. The cost of water meters has increased approximately 18% since 2009 when meters were last bid. In addition to the length of time that has passed, water meters purchased under the 2012 contract will conform to the changes made in the federal Lead and Copper Rule mandating reductions of lead in water meters. A detailed pricing analysis is attached. The submitted bids can not be withdrawn or canceled for a period of sixty (60) calendar days following the bid opening, or until August 11, 2012. The bids were reviewed by Lara Biggs, Superintendent – Construction & Field Services. Badger Meter has supplied equipment to the City in the past. Staff has been satisfied with their products and services. Because this contract is for supply of materials only, the M/W/EBE goal was waived. A memo from the City Manager’s Office is attached. Attachments: Bid Tabulation Pricing Analysis M/W/EBE Memorandum 78 of 508 79 of 508 80 of 508 Bid No. 12-138, 2012 Water Meter Purchase, M/W/EBE Subcontracting Participation Waived To: Dave Stoneback, Director of Utilities From: Joseph McRae, Deputy City Manager Subject: Bid No. 12-138, 2012 Water Meter Purchase Date: June 19, 2012 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. Bid No. 12-138 for the purchase of water meters does not afford M/W/EBE subcontracting opportunities. Therefore, a waiver is granted. Cc: Marty Lyons, Assistant City Manager/CFO Jewell Jackson, Manager of Purchasing & Contracts Memorandum 81 of 508 For the City Council Meeting of May 10, 2010 Item # For City Council meeting of June 25, 2012 Item A3.3 Business of the City by Motion: 2012 Fuel Purchases For Action To: Honorable Mayor and Members of the City Council Administration and Public Works Committee From: Suzette Robinson, Director of Public Works Lonnie Jeschke, Manager Fleet Services Subject: 2012 Fuel Purchases Date: June 1, 2012 Recommended Action: Staff recommends approval for the last six (6) months of Fiscal Year 2012 fuel purchases in the amount of $500,000.00 from Palatine Oil Company Incorporated, located at 900 National Parkway, Suite 260, Schaumburg, Illinois 60173. Palatine Oil Company is the new Northwest Municipal Conference Bid winner for all grades and types of fuels that are utilized by city vehicles assigned to various departments. Funding Source: Funding is provided by the Fleet Services Major Maintenance Budget for Automotive Equipment (7710.65035) for Fiscal Year 2012. The budget has an approved amount of $1,020,000.00 of which $950,000.00 has been allocated for these types of fuel purchases for the fiscal year. However, staff is only requesting approval for a six-month (6) fuel purchase forecast for the remainder of this fiscal year. Since the Northwest Municipal Conference Bid Award expires at the end of June in calendar year 2013 with three (3) annual renewals, Fleet Services will make a future request to Council for on- going purchases in January of calendar year 2013 that coincides with the City’s fiscal year. This $500,000.00 approval request is 49% of the budgeted amount for these purchases that occurs throughout the fiscal year. For the 6-month period fiscal year to date, we have had fuel expenses of $426,900.78 which is 41.8% of the budgeted dollars of $1,020,000.00 for the fiscal year. Present fuel prices are $3.30/gallon for 87 octane gasoline and $3.66/gallon for bio-diesel versus $3.28/gallon for 87 octane gasoline and $3.81/gallon of bio-diesel on June 20th of calendar year 2011. Summary: The Fleet Services Division of the Public Works Department has been purchasing fuels through the Northwest Municipal Conference Bid System for many years and has found the pricing structure to be very advantageous and in the best interest of the City of Evanston. Memorandum 82 of 508 There are no Evanston-based businesses that can provide these types of bulk deliveries of various types of fuel. Therefore, staff recommends and requests City Council approval for Fleet Services to continue to purchase bulk fuel deliveries through this conference bid award for the next six (6) months. Attachment: Suburban Purchasing Cooperative Fuel Award 83 of 508 84 of 508 For City Council meeting of June 25, 2012 Item A3.4 Business of the City by Motion: Pavement Evaluation & Right-of Way Management 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., Senior Engineer, Engineering Division Subject: Comprehensive Pavement Condition Evaluation and Right-of-Way Asset Management Date: June 14, 2012 Recommended Action: Staff recommends that the City Council authorize the City Manager to execute a contract with Infrastructure Management Services (1895-D Rohlwing Road Rolling Meadows, IL 60008) in the amount of $139,708.50 for pavement condition evaluation and right-of-way asset management. Funding Source: Funding will be provided by the Capital Improvement Program (Account #415921) in the amount of $139,708.50 which has a budget of $200,000. Summary: In 2007, the City hired Infrastructure Management Services (IMS) to assist in developing a Five-Year Street Resurfacing Plan (FY 2007 – FY 2011), which was approved by the City Council on August 14, 2006. Some of the streets that were not paved as part of the 2007 – 2011 Program are included in the 2012 Program and the streets are now under construction. A new Five-Year Street Resurfacing Plan is needed to develop the Capital Improvement Program. Recognizing this, the Public Works Department wants to perform a street condition survey citywide. The purpose of the survey is to assist the City in developing a new Five-Year Plan for FY 2013 through FY 2017. To update the management system and develop a new Five-Year Program, the following information and analysis is required: • A street surface condition survey (crack, rut, roughness & macro texture) of all City streets; • A non-destructive roadway base and sub grade conditions assessment; • An evaluation of appropriate pavement rehabilitation strategies; and Memorandum 85 of 508 Page 2 of 2 • A cost/benefit analysis of various alternative programs. The attached contract describes the various services performed as part of the pavement management services. The City issued a Request for Proposal (RFP) on May 12, 2012 to select a firm to perform the street condition evaluation. The RFP was advertised in the Chicago Tribune and on Demand Star. The Request for Proposal was sent to four nationwide consulting firms. The proposal was submitted only by Infrastructure Management Services (IMS). Based on the proposal submitted, including costs, staff recommends that Infrastructure Management Services be awarded the project contract. They have completed similar projects for the City of Evanston in the past and various municipalities in the Chicagoland area. Given the nature and scope of the project, the M/W/EBE requirement of the City has been partially waived; The M/W/EBE schedule and supporting documentation has been reviewed and approved by the City Manager’s office, as indicated in the attached memo. Attachments: MWEBE Waiver memo Scope of Services 86 of 508 RFP No. 12-140, Pavement Condition Eval & ROW Asset Mgmt, M/W/EBE Subcontracting Partial Waiver To: Suzette Robinson, Director of Public Works From: Joseph McRae, Deputy City Manager Subject: RFP No. 12-140 Pavement Condition Evaluation & Right of Way Asset Management Date: June 15, 2012 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 RFP No. 12-140, Infrastructure Management Services (IMS) has requested a waiver of 22.2% of the City’s M/W/EBE goal due to a lack of subcontracting opportunities. IMS will subcontract 2.8% of the work to Barricade Lites, Inc. to provide a safety vehicle for deflection testing on City streets. Barricade Lites, Inc. is a certified Minority Business Enterprise (MBE). Upon review this contract does not afford many M/W/EBE subcontracting opportunities. Therefore, a partial waiver of 22.2% is granted. Cc: Marty Lyons, Assistant City Manager/CFO Jewell Jackson, Manager of Purchasing & Contracts Memorandum 87 of 508 CITY OF EVANSTON PAVEMENT CONDITION EVALUATION AND RIGHT-OF-WAY ASSET MANAGEMENT IMS Infrastructure Management Services Evanston2012Proposal Page 8 of 19 2.0 WORK PLAN 2.1 PROJECT UNDERSTANDING The focus of this project is not simply the acquisition of pavement condition data- that can be done by any qualified data collection firm. Our focus is to conduct an objective and repeatable pavement performance survey necessary for the update of the City’s PavePRO Manager software program. The PavePRO Manager software is the industry leader with respect to analyzing existing condition, predicting future performance, formulating rehabilitation strategies, determining added like, developing multi-year programs and budgets, optimization timing, reports, GIS linkage, image viewing and more. It does require specific data collection protocols and data configuration with some preprocessing prior to the data load. As the developer of the software and implementer of the City’s 2000/2005 programs, IMS is best suited to perform the update tasks in an efficient and cost effective manner. The City has a street network comprised of approximately 193 test miles. IMS has the previous network sectioning including the unique directions of testing. That data will be used to set-up the 2012 data collection program. 2.2 INTEGRATING WITH PAVEPRO MANAGER SOFTWARE The City will achieve maximum benefits by updating the PavePRO Manager software rather than starting over with a new program. The IMS developed PavePRO Manager Software is the most comprehensive analysis program in the industry. Because it provides such a large amount of useful information, it needs specific field data properly configured as input for the software. PavePRO provides a wealth of inventory and condition data. Individual street sections are rated as to their existing condition and projected future performance. Problems are identified whether they are surface related or hidden in the base or subgrade. Software analysis identifies the cause of the failures and formulates the optimum rehabilitation strategy and time for implementation. Cracking distresses, and support conditions are assessed to determine whether a strategy will work and how much added life it will provide. Pavement condition measurements and ratings are combined with other factors such as drainage, traffic, environmental factors affecting performance, strategy options, costs and many other inputs to develop multi-year programs and budgets. Because the program does so many things, maintaining a continuity of data is critical. It is absolutely necessary to have the same data collection protocols as used in the 2005 program. It is equally important to use the same processing tools. This will allow for an objective comparison of data and insure that staff has the tools they need to effectively manage the street network. The RST is the only data collection system that can provide the required data necessary for PavePRO Manager software to function to its full potential. Alternative methodologies will result in some level of compromise from a data standpoint and definitely result in higher configuration and data load costs. IMS wants the City to benefit from the many features of its PavePRO Manager software and feels that we will provide the best data at the lowest cost; thereby achieving the goals of this update without compromise. 88 of 508 CITY OF EVANSTON PAVEMENT CONDITION EVALUATION AND RIGHT-OF-WAY ASSET MANAGEMENT IMS Infrastructure Management Services Evanston2012Proposal Page 9 of 19 2.3 PAVEMENT DATA COLLECTION Surface Condition Survey Prior to the start of field data collection, IMS will meet with City staff to confirm the network referencing, project goals and any special conditions present within the street network. IMS will explain the survey protocols and address any concerns of the City. For this survey, we propose to use our Road Surface Tester (RST) enhanced with digital imagery and GPS capabilities. Surveys will be performed using both single and two direction testing. Two lane roads are tested in a single pass while pavements with 4 or more lanes or divided by a median are tested in both directions. Stationing from the 2005 survey will be used wherever possible. The RST, with its 11 laser sensors, is capable of collecting a full array of pavement condition data complete with high accuracy GPS coordinates and multiple view digital images for both rigid and flexible pavements (in real time), as it traverses the roadway. An integrated Digital Direct Condition Rating Subsystem (DDCRS) supplements the RST data for additional distress data elements, quality assurance and inventory information. Specialized data processing, using GIS as its backbone, allows the pavement data to be quickly checked for completeness and quality. The main components of the enhanced RST are: Multiple input devices that may be customized to collect a variety of roadway attributes and pavement distresses. A laser bar with an array of laser cameras, rate gyroscopes, inclinometers and accelerometers to measure pavement roughness, rutting, cracking, and geometrics. Ability to collect dual wheel path roughness to International Roughness Index (IRI) standards at any speed. Can summarize data in subsection intervals (e.g. 100’) and test section intervals (intersections or maximum test length). Pavement view cameras for distress processing and QA/QC, plus 5 digital cameras for forward, side and right-of-way images. High accuracy Global Positioning System (GPS) receiver with inertial navigation for geo-locating (RTK) of pavement and asset information with excellent accuracy. Dual distance measuring instruments (DMI) to objectively measure linear distances to within +/- 0.5%. Built-in software and on-board processors to develop roadway inventories, time code integration, and system monitors. The RST measures and calculates macrotexture, as an interim step to perform a crack survey. Texture must be measured to differentiate cracks and classify them into width and depth categories. The IMS developed PavePRO Manager Software was designed to use many of the data collection features of the RST. With the RST using these special data collection protocols, the City will be assured that there will be no compromises during the data transfer nor increased cost trying to configure data from alternative data collection methodologies. The Laser RST travels near the posted speed limit and thus does not affect the free flow of traffic. This is important, as it allows IMS to: Collect data in a timely fashion without having to trade-off accuracy for production. Work from a safe, protected environment without risk to the data collectors. Eliminate the need to implement traffic control, close lanes or attempt to collect the data from the sidewalk or dodge traffic. Collect, validate and safeguard large volumes of data without the need for transposing data from portable data collection units or paper. 89 of 508 CITY OF EVANSTON PAVEMENT CONDITION EVALUATION AND RIGHT-OF-WAY ASSET MANAGEMENT IMS Infrastructure Management Services Evanston2012Proposal Page 10 of 19 Laser Camera Array The Laser RST is a FHWA Class II Profolometer. The laser camera array is capable of collecting automated pavement condition data in the form of roughness to International Roughness Index (IRI) standards, wheel path rutting, transverse cracking, block cracking, alligator cracking and texture. The technology driving the laser- camera array removes the subjective nature of pavement condition data collection. Digital Direct Condition Rating System (DDCRS) The Digital Direct Condition Rating System (DDCRS) is a touch screen based tablet computer that allows the user to define what information (distresses, attributes, and asset information) is to be collected and how it is to be quantified. The DDCRS is integrated into the data flow through time code, GPS, distance and inventory control. In the context of this update, the DDCRS will be configured to be used as a data collection and checking device. GPS Coordinate Data Collection The RST uses the Applanix LV 220 Position and Orientation system for collection of real time kinematic (RTK), differentially corrected, coordinate information. This is a tightly coupled inertial navigation based GPS system incorporating dual Trimble receivers. The unit is largely unaffected by satellite shadow caused by temporary loss of satellite coverage, tree canopy or structures. The level of accuracy for the RST is within a sub meter circle of error at a confidence level of 98%. Coordinate information is acquired at a rate of 10 Hz or approximately every 5 feet at highway speeds. Digital Images & Digital Video Multiple view images are collected using broadcast quality digital video cameras. The cameras will be oriented to collect five (5) right of way panorama, shoulder/ditch, side or downward views. The cameras are environmentally enclosed for weather and temperature protection and are equipped with moisture sensors to prevent operation when humidity may affect image. Digital images, in a jpeg format, will be extracted from the continuous video. Images can be extracted at user specified intervals of 10’. At this interval, the user can drive the streets through the IMS software and/or the City’s GIS and not miss any elements. Images are inexpensive and delivered on a portable hard drive or disk. They can be valuable for many uses such as confirming resident issues, establishing inventories, or used following a natural disaster. All images will be referenced by their segment identifier, image view, and direction. They will also include GPS coordinates and distance into the section. 90 of 508 CITY OF EVANSTON PAVEMENT CONDITION EVALUATION AND RIGHT-OF-WAY ASSET MANAGEMENT IMS Infrastructure Management Services Evanston2012Proposal Page 11 of 19 Roadway Widths Width information, for use in the software, will be retrieved from the 2005 program or supplied by the City’s GIS. They will be field verified by the IMS Dynaflect crew for those streets scheduled for deflection testing and as a separate activity for streets identified for surface only ratings. In summary, the RST performs surface condition surveys with a 3 prong approach to insure the data accurately represents in place field conditions. The 3 elements are: Laser data collection for what the crews can’t see DDCRs (touch screen) for visible distresses GPS referenced video for visible distresses that are difficult to record in real time. Deflection Testing IMS proposes to use a Dynaflect to assess the subsurface roadway condition of the City’s entire street network. The Dynaflect provides deflection data to perform an analysis of the pavements’ structural adequacy and other valuable projections. Dynaflects impart a known non-destructive load to the pavement and measures the response through a series of geophones. IMS utilizes all five sensors of the Dynaflect in its structural analysis. This analysis of the data enables the City to identify structural capacity of the base and subgrade layers. The City’s 2005 pavement evaluation survey included deflection testing on all street sections. A trailing safety vehicle will be required on some arterial streets because of heavy traffic. IMS has scheduled Barricade Lites, a certified MBE to perform this service. GIS Integration The role of GIS in pavement management cannot be understated. It is a powerful tool that provides the ability to handle and present vast amounts of data in an efficient manner. Not only does GIS allow the City to visually plot textural data, it also establishes an easy access portal to the data. IMS will begin the project by completing a brief review of the City’s GIS environment to assess suitability for pavement management purposes. The data collected by IMS is linked to the City’s existing GIS environment and is supplied as a personal geodatabase, spatial database engine, AutoCAD, or a series of shape files. A personal geodatabase is the standard file format used when discussing a GIS platform. For this update, GIS will be used in four key areas of work: 1. GIS will be used to verify the streets to be surveyed and to create the routing maps for use during the field surveys. 2. The survey productivity will be tracked through the plotting of the GPS data collected during the field surveys. This will allow IMS to review all streets that have been tested, identify anomalies in the referencing and spot missed streets. 3. GIS will be used in processing the distress and inventory data. By plotting the data we can QA the data and identify data exceptions in addition to proofing out the GIS. 4. Personal Geodatabases, spatial database engine and shape files, can be created for the visual presentation of condition data and analysis results. 91 of 508 CITY OF EVANSTON PAVEMENT CONDITION EVALUATION AND RIGHT-OF-WAY ASSET MANAGEMENT IMS Infrastructure Management Services Evanston2012Proposal Page 12 of 19 2.4 ROW ASSETS DATA COLLECTION To perform the ROW asset inventory as part of the update, the RST uses high-end GPS coordinate data and digital cameras positioned so that all attributes/assets requiring data capture are visible in either the front, side or rear cameras. The images and GPS data are merged on a frame-by-frame basis along with the street inventory. The images are then post processed using a specialty piece of software called Trident 3D Analyst. Stereo analysis allows the GPS coordinates to be transferred to the asset and thus accurately positioned relative to their real world location, without the requirement of each asset having to be physically visited. The stop and start coordinates, and stationing of all attributes or points of interest will accurately located and referenced. For this project, IMS will collect the following pavement and ROW assets: ADA ramps (point), pavement striping (linear), pavement markings (point), bike racks (point), guard rails (linear), decorative trash containers and decorative recycling containers (point), rollout trash containers (point), and painted 55 gallon drum containers (point) Analyst is an open architecture system that allows virtually any type of attribute/asset to be defined for collection of location, attribute, and condition data. Once an attribute/asset is observed the operator toggles to the individual record input screen and proceeds to input the appropriate attribute and condition information. Wherever possible, “pick lists” are employed to streamline the data entry function and provide uniform, high quality data. Prior to completion of the right of way inventory database development, a document called the Master Asset List (MAL) will need to be created. The MAL defines what assets or inventory items are to be added to the database and what attributes will be included for each asset. The MAL also defines the methodology for condition rating each asset. Essentially the Master Asset List is the direct equivalent of a “data dictionary” as it sets the rules for right of way asset data collection. This methodology is used to inventory, locate (GPS coordinates with sub meter accuracy), identify attributes and conditions of City assets and features as part of a future contract and can include: Point Assets - Signs - Pedestrian Crossing - Drainage Structures - Storm Inlets - Bridges - Railroad Crossings - Signals - Street Lights - Utility Poles - Fire Hydrants - Trees Linear Assets - Sidewalks - Bike Paths - Barrier Walls - Medians - Curbing - Number of Lanes - Fences - Ditches Retroreflectivity surveys are now available through IMS. We can perform both manual (feet-on-the-ground) daytime surveys using a retroreflectometer and automated subjective night time surveys. Both meet the requirements established for the 2012 MUTCD requirements. 92 of 508 CITY OF EVANSTON PAVEMENT CONDITION EVALUATION AND RIGHT-OF-WAY ASSET MANAGEMENT IMS Infrastructure Management Services Evanston2012Proposal Page 13 of 19 2.5 QUALITY ASSURANCE PLAN Ensuring consistent quality of pavement condition data is just as important as collecting the data. Each step in the data collection process (presented in the flow chart below) has been designed as to require the data to pass a certain standard or validation before moving on to the next stage, or be returned to the source for correction. Client participation (shown in red) has been included in the process to facilitate technology transfer and data ownership. Calibrations & Demo:All laser-camera arrays, DMI units, switch-input keys, GPS, and digital camera subsystems are calibrated prior to data collection, and then daily during the project. A similar routine is completed for the Dynaflect sensors. Daily Survey Control:Each day, selected street sections will be re-tested to confirm repeatability of the performance data. Suspect deflection results are deleted and the section re- tested on the spot. Validations:Range limits and data validation routines are integrated in the on-board processors and post processing routines. Validation checking routines monitor “out of range” data, extraneous data, and missing data. Inventory & GIS Review: All data is plotted and compared to the City’s GIS. This will identify new roads, missed roads, duplicates and Non-City streets. Test of Reasonableness: Process and compare RST data and digital image data at specified reporting interval. Compare individual distress and overall condition ratings. Identify non-compatible data locations and reprocess accordingly. Site visits to select sections will also be part of the test of reasonableness. Confirm pavement distress protocols & procedures & Calibrate RST and Dynaflect complete equipment demo Conduct field surveys Daily data edit, review, back up & make ready for processing Identify data errors and reprocess or re-collect Pass/fail? Pass/fail? Adjust RST/Dyna settings and recalibrate Successful calibration Pass Fail due to distress data not reflecting field conditions Fail due to protocols Fail due to data issues Adjust survey protocols accordingly Fail due to protocol issues Ongoing RST systems monitoring RST operator monitoring: data, production, GIS review Inventory data processing, length reviews/corrections Adjust distress protocols accordingly Format data, complete data QA test of reasonableness (site/image review) Pass/fail? Pass Fail due to protocols Load and accept data Surface distress, rut, ride, deflection & image processing Fail due to distress data not reflecting field conditions GPS data processing Plot distress data shape file(s), complete data QA trend analysis Locate survey over or under runs, update streets list Daily validation of survey control section, production reports Client status & productivity meetings locate missing sections & review maps Ongoing Dynaflect results monitoring, redo suspect tests 93 of 508 CITY OF EVANSTON PAVEMENT CONDITION EVALUATION AND RIGHT-OF-WAY ASSET MANAGEMENT IMS Infrastructure Management Services Evanston2012Proposal Page 14 of 19 Quality Assurance - Reports A series of Quality Control reports are generated by both field and office personnel on a regular basis to ensure that a quality product is produced. The following QA reports are produced for each project: Equipment Calibration Report – documents calibration results. Vehicle Condition Report – records vehicle, camera and sensor configuration and condition. Field Surveys Daily Activity Report – documents survey progress and any problems encountered. Data Processing Quality Checklist – results of QA/QC process. Quality Assurance - Field Data Collection In addition to the QA procedures discussed herein, specific survey protocols are followed: Pavements are only surveyed when there is sufficient daylight and they are dry and free of debris. Pavements are surveyed in a single lane to provide true, consistent data. Lane changes are made only when absolutely necessary, and the location of the lane change is noted. Every effort is made to collect data during off peak times on heavily traveled roadways to minimize variations in speed. Sun angle is also considered during the field surveys. In addition to the start and stop points, intermediate tie-in points such as intersecting roads, bridge locations, railway crossings, etc., are noted. IMS does not support the concept of hiring casual or temporary employees to collect pavement condition data. We use only trained and experienced staff. The RST laser camera array is unaffected by sunlight conditions, thus increasing the objectiveness of the cracking data. The RST does not interfere with traffic flow. 2.6 DATA LOAD IMS will process all pavement field data and load the most current version of PavePRO Manager software on City designated computers. IMS will also transfer all historical data entered by City staff from the current software to the update deliverable. Previous test data will also be available for comparison. PavePRO Manager Software has been offered under a site license and can be installed on the City’s server, individual desktop computers and/or laptops for field use. Asset data will be loaded into the City’s IMS developed ROWMan software as a deliverable. IMS will also work with city staff to configure the asset data for the City’s future load into Cityworks software. 2.7 ON SITE TRAINING IMS staff will provide 2 days of onsite training to update existing City software users and to teach new staff how to use and take full advantage of all the software’s reporting capabilities. Staff will also be taught how to update the software based on City maintenance and rehabilitation activities and to change cost factors as required (e.g. changing oil prices effect on material costs). Training can be directed to the primary users as well as overviews for managers and field crews. 2.8 REPORT Dave Butler, P.E., designated Project Manager, will meet with City staff, develop comparison reports and provide a presentation of results in the form of a Board Presentation. Similar activities were performed for the 2000 and 2005 programs. It will include existing conditions, future performance and 5 year plans with several budget scenarios. 94 of 508 CITY OF EVANSTON PAVEMENT CONDITION EVALUATION AND RIGHT-OF-WAY ASSET MANAGEMENT IMS Infrastructure Management Services Evanston2012Proposal Page 15 of 19 2.9 PROJECT SCHEDULE Currently, IMS has a total capacity to complete 2,000 miles/month for urban surveys, so completing the automated Evanston update in a timely fashion is not an issue. We operate 3 full time Laser RST’s as our mainline data collection equipment and keep an additional unit on standby for overflow. Automated field surveys are expected to progress at a conservative rate of 20 to 35 miles per day in urban areas. Surveys usually proceed at 5.5 to 6 days per week depending on weather, congestion and statutory holidays. Elapsed time for the Evanston automated field survey is estimated at 4 weeks. Pavement data processing, QA/QC, GIS linkage, digital image extraction, data load and transfer of historical data will be completed within 60 days following completion of the field testing. ROW asset extraction and data load to ROWMan software will be performed within 90 days of completion of the field data collection survey. IMS will provide a two phase deliverable. Phase I will include the pavement management update and Phase II will include the ROW assets in ROWMan. Training can be scheduled at a time convenient to the City. This schedule is slightly different than the RFP’s reference to days from Notice-to-Proceed. Projects scheduled immediately before the Evanston project will be completed prior to their mobilization for this project. We have three crews, so we have some flexibility to meet the City’s schedule. We can definitely meet the testing and processing schedule and will attempt to complete all tasks within the City’s guidelines. A detailed project schedule will be provided as part of the project initiation. 95 of 508 CITY OF EVANSTON PAVEMENT CONDITION EVALUATION AND RIGHT-OF-WAY ASSET MANAGEMENT IMS Infrastructure Management Services Evanston2012Proposal Page 16 of 19 Scope & Data review technology, streets list GIS, confirm data formats Routing & List roadway inventory, maps & routing (streets list review)Survey Protocols confirm procedures for data collection & transfer Quality Control Plan develop and submit QA/QC plan, revise accordingly Confirmed Scope database,quantities, approach, protocols & deliverables Pavement Data process distress, rut, IRI, GPS, inventory & image data Deflection Data process 5 sensor deflection and temperature data Task 1.0 - Project InitiationTask 2.0 - Field SurveysTask 3.0 - Data Management Project Initiation review project deliverables, team roles, documentation requirements, available data & schedule Data Formatting, Load & Installation prepare pavement condition and inventory data for loading. Provide digital images and detailed distress shape files Quality Assurance 1 initiate QA/QC process and data review Calibrations equipment mobilization, calibration & validation Quality Assurance 2 integrate & QA data, format data Pavement Surveys pavement distress, rut, IRI, GPS and image surveys Routing Inventory update and flag Collect File changes and segment lengths Analysis, Reporting and Training complete draft & final pavement condition analysis, 5 year rehab plan, and reporting. Train the City in the use of the software. Optional Deflection Surveys Dynaflect based deflection surveys 2.10 PROJECT APPROACH Over the course of implementing and collecting roadway and asset data for over hundreds of transportation and municipal agencies, IMS has developed a logical sequence of activities to effectively obtain the greatest efficiency for each project. IMS will use a series of Task Activities to define a work plan and then assign appropriate resources to fulfill the contractual requirements, schedule, and budget. The tasks are used to monitor performance and productivity, and link them directly to a contract unit of measure. For this assignment we anticipate three tasks, each with numerous activities and deliverables within them. They are presented in the following flow chart and include: Project Initiation – this task will set the tone for the overall assignment, as well as document the scope, deliverables and formats. Field Surveys – this task is the heart of the project and encompasses all activities relating to the field surveys. Starting with the equipment calibration, the field surveys have been designed to collect the most data in the most efficient manner possible. Field surveys will also be used to undertake quality assurance activities that relate to coverage (making sure all roads are surveyed) and sensor validation – making sure the data was collected and recorded. Data Management –this is the task that takes the raw information collected in the field, and processes it into a series of deliverables. The task will also complete the quality assurance process, format, load, reports, software implementation and on-site training. A detailed task description will be provided as part of the project initiation. 96 of 508 COSTS FORMS QUANTITY UNITS UNIT COST TOTAL COST Project Initiation 1 LS $1,500.00 $1,500.00 Network Referencing 1 LS $1,000.00 $1,000.00 FIELD SURVEYS RST Surface Condition Survey 193 MI $130.00 $25,090.00 Deflection Testing 193 MI $120.00 $23,160.00 Deflection Testing Safety Vehicle*5 Days $1,032.00 $5,160.00 DATA MANAGEMENT Data Processing 193 MI $20.00 $3,860.00 Pavement Management Software 1 LS $3,000.00 $3,000.00 Software Management and Support (One Year)1 LS $1,000.00 $1,000.00 GIS Linkage 193 MI $20.00 $3,860.00 Digital Images @ 25' intervals (5 views) **193 MI $53.00 $10,229.00 Software Training (on site)4 EA $600.00 $2,400.00 Engineering Interpretation, Analysis, Special Reports Including Five Year Street Improvement Plan 40 HR $125.00 $5,000.00 ROW ASSET MANAGEMENT ROW Master Asset list Development 1 LS $500.00 $500.00 GPS/Camera Extraction Set-up & AVI Conversion 193 MI $10.00 $1,930.00 ADA Ramp Extraction Set UP & AVI Conversion 148 CLMI $140.00 $20,720.00 Pavement Striping Extraction 148 MI $17.50 $2,590.00 Pavement Marking Extraction 148 MI $60.00 $8,880.00 Bike Racks 150 EA $2.25 $337.50 Decorative Trash Containers 200 EA $2.25 $450.00 ROW Software Including Support and Management 1 LS $2,000.00 $2,000.00 Decorative Recycling Containers 200 EA $2.25 $450.00 Rollout Trash Containers 200 EA $2.25 $450.00 Painted 55 Gallon Drum Containers 200 EA $2.25 $450.00 Guardrail Extraction (10 Locations)1 LS $200.00 $200.00 Testing of Special or Blocked Locations (up to 10)1 LS $1,950.00 $1,950.00 Cityworks Data Configuration and Support (three years)1 LS $2,000.00 $2,000.00 Project Management 1 LS $9,612.00 $9,612.00 Any Additional Items as identified by the Consultant Digital Video Storage for Future ROW Asset Extraction 193 MI $10.00 $1,930.00 * This cost can be eliminated if the City will provide a safety vehicle for up to 5 days if requested PAVEMENT MANAGEMENT FEE SCHEDULE ** Per the scope of services in the RFP, 5 views will be provided in lieu of the single view originally put in Costs Form. A single view is available at a reduced unit price of $13/mile. 97 of 508 For City Council meeting of June 25, 2012 Item A3.5 Business of the City by Motion: Emergency Purchase for Noyes Roof Repair For Action To: Honorable Mayor and Members of the City Council Administration and Public Works Committee From: Douglas J. Gaynor, Director of Parks, Recreation & Community Services Paul D’Agostino, Superintendent of Parks, Forestry & Facilities Stefanie Levine, Assistant Superintendent of Parks, Forestry & Facilities Subject: Emergency Purchase for Noyes Cultural Arts Center – Northeast Chimney Repair Date: June 25, 2012 Summary: Emergency repair work in the amount of $23,785 was authorized on June 13, 2012, by City Manager Wally Bobkiewicz for the northeast chimney at the Noyes Cultural Arts Center. Staff recommended award of this contract for emergency repairs to PBR Chicago (540 W. Frontage Road, Northfield, IL). Please note the work associated with this emergency purchase is permanent and will not need to be re-performed when the remaining chimneys and roofing system are replaced in 2013. Funding Source: Funding is provided by FY2012 Capital Improvement Program Project #415663 with a budget of $120,000. Please see the attached memorandum for additional information. ------------------------------------------------------------------------------------- Attachments: Approved Emergency Purchase Memorandum Memorandum 98 of 508 99 of 508 100 of 508 101 of 508 102 of 508 For the City Council Meeting of May 10, 2010 Item # For City Council Meeting of June 25, 2012 Item A3.6 Business of the City by Motion: One (1) Replacement Fire Engine Purchase For Action To: Honorable Mayor and Members of the City Council Administration and Public Works Committee From: Suzette Robinson, Director of Public Works Lonnie Jeschke, CPFP, Manager Fleet Services Subject: Purchase of One (1) Replacement Engine for Evanston Fire & Life Safety Services (E.F. & L.S.S) Date: June 14, 2012 Recommended Action: Staff recommends City Council approval to purchase one (1) replacement engine for Evanston Fire & Life Safety Services as follows; Pierce Manufacturing Inc., 2600 American Drive, P.O. Box 2017, Appleton, Wisconsin, 54912 in the amount of $578,238.00. Funding Source: Funding will be from the Equipment Replacement Fund 7780.65550. The Northwest Municipal Conference Suburban Purchasing Cooperative Competitive Bid (SPC) winner (Pierce Manufacturing) will be utilized for the purchase of this Fire Engine. FY2012 Approved Equipment Replacement Fund Budget $2,400,000.00 Additional Fleet Funding Approved April 10, 2012 $1,100,000.00 Expenditures Approved April 10, 2012 ($1,387,329.00) Expenditures Approved April 23, 2012 ($441,689.54) Expenditure Approved on Bills List 5-30-12 (10” Vacuum Truck Replacement from 2011) ($334,837.00) Remaining 2012 Revised Budget $1,336,144.46 Expenditure Recommended June 25, 2012 ($578,238.00) Remaining 2012 Revised Budget $757,906.46 Memorandum 103 of 508 2 Summary: The details of the vehicles/units to be replaced are listed below: Division Unit # Description Model Year Condition Original Purchase Price L.T.D. Repair $$’s Fire Suppression 325 Pierce Dash 1994 Poor $471,000 $238,995 The recommended replacement unit purchases are as follows: Division Unit # Replacement Description Model Year Purchase Price Type of Bid Vendor Fire Suppression 325 Pierce Arrow- XT Engine 2013 $578,238 NWMC Bid Pierce Mfg. The vehicle listed for replacement supports daily operations of E.F. & L.S.S. The replacement of this vehicle is crucial for safe, reliable, and cost effective operations on a daily basis for fire suppression service. This new unit purchase recommendation has both a price protection component and a 100% pre-payment factor built into the final pricing structure. i.e. The base price for this unit is $611,551.00, however, based on our standing as an on-going customer, Pierce Manufacturing agreed to Fleet’s request to hold the price at $594,542.00, a savings of $17,009.00 if approval is granted by Council and a certified check is provided to Pierce by June 29, 2012. In addition, a 100% pre-payment opportunity is also being recommended. This further reduces the purchase price buy another $16,304.00 for a final cost of $578,238.00 ($611,551.00 - $17,009.00 = $594,542.00, $594,542.00 - $16,304.00 = $578,238.00). The new engine will be equipped with “selective catalytic reduction” technology emissions system that produces minimal exhaust gasses of carbon dioxide and water vapors only. Existing Engine # 325 will be placed into “reserve status” and two reserve engines will be permanently retired. Engine # 327 a 1987 Pierce Dash and engine # 326, a 1991 Pierce Arrow. Both are in poor shape, have very high L.T.D. repair expenses and are high emitting exhaust producers. In addition, there should be an annual reduction of approximately $8,000.00 - $10,000.00 in normal maintenance and repairs expenses and expenses associated with required repairs to pumps to keep both engines certified under National Fire Protection Standards. There will be no impact to fire department response times or service availability operations and there will be a reduction in overall operating expenses as a result of this purchase with these two engines being permanently retired. These two units will be auctioned off under a future “Sale of Surplus Property” ordinance since Pierce would not consider a “trade in 104 of 508 3 allowance” for either of these two units after field inspection of them because of their “age and condition”. There are no Evanston based businesses that can provide this type of vehicle that meets the City and Departments business requirements and needs. Attachments Engine Price Quote Proposal for fire engine purchase. 105 of 508 106 of 508 107 of 508 108 of 508 Page 1 of 2 For City Council Meeting of June 25, 2012 Item A3.7 Business of the City by Motion: Purchase of Street Furniture 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 Engineer, Engineering Division Subject: Single Source Purchase of Street Furniture for Church Street, Hartrey Avenue and the Lorraine H. Morton Civic Center Date: June 19, 2012 Recommended Action: The Evanston Department of Public Works staff recommends City Council approval of the single source purchase of the following street furniture items: 141 Hawthorne Style Lights, 8 Melville Style Benches, 20 Emerson Bike Racks and 16 Poe Style Litter Containers from Landscapeforms, 431 Lawndale Avenue, Kalamazoo, MI 49048 in the amount of $227,689.00. Funding Source: Funding will be provided by the Washington National TIF in the amount of $197,674.00, Howard Hartrey TIF in the amount of $22,185.00, and the General Fund Street Maintenance Account 2670.65055 in the amount of $7,830.00. Summary: In November, the City Council approved the Capital Improvement Concept Plan for Church Street Streetscape and resurfacing project. The concept plan included the installation of pedestrian lighting, benches, bike racks and trash cans in the Washington National TIF area along Church Street between Benson and Chicago Avenue and a portion of the east side of Orrington between Church and Davis. Staff evaluated several pedestrian light fixtures based on style, durability, compatibility with existing lighting, and price. Staff received City Council approval to purchase this style lighting and the additional amenities were selected from the same style family as the lighting. Lighting will be installed as a part of the Church Street construction project. Memorandum 109 of 508 Page 2 of 2 In recent weeks, staff met with the Eighth Ward Alderman to discuss projects for the Howard Hartrey TIF area and a need for pedestrian lighting was identified for the wall along Hartrey between Howard and the CTA tracks and the sidewalk right-of-way area that connects Hartrey to Howard. Staff recommends the purchase of 17 pedestrian lights to be installed by City staff for this project. Finally, the staff is recommending the purchase of six pedestrian lights to be installed by city staff adjacent to the newly constructed Civic Center bike rack area. Attachments: Street Furniture Quote 110 of 508 QUOTATION CORPORATE 431 Lawndale Avenue Kalamazoo, MI 49048-9543 P: 800.521.2546 F: 269.381.3455 www.landscapeforms.com Federal I.D.# 38-1897577 Date: 06/13/2012 LF Quote#: 0000139349 PO#: Project: Church Street Streetscape Bill To: City of Evanston ATTN: Craig Sklenar 2100 Ridge Ave Evanston, IL 60201 Ship To: City of Evanston ATTN: Craig Sklenar - (847) 448-8683 2100 Ridge Ave Evanston, IL 60201-2716 Ship Via: Common Carrier F.O.B.: Destination Page: 1 of 2 Ship Date: Cust #: 0D6JI SSR: Jason Park Rep: Jennifer Woods IL1 Purchaser Seller Qty Description Unit Price Total Price Tagging Instructions: Bill of Lading Instructions: When ordering please conﬁrm: Shipping address and contact information (name and ph#)· Billing address and contact information· Is your ﬁrm or the project tax exempt? If so, exemption certiﬁcate must accompany order· Delivery schedule:· ___Immediately upon completion ___Target delivery date:_____ 141 Hawthorne Lighting $ 1,305.00 $ 184,005.00 Style:Hawthorne Light Powdercoat Color:To Be Advised 8 Melville Bench $ 1,611.00 $ 12,888.00 Style:Backless Insert Material:Aluminum Mounting:Surface Mount Divider Option:2 Dividers Powdercoat Color:To Be Advised 20 Emerson Bike Rack $ 288.00 $ 5,760.00 Mounting:To Be Advised Powdercoat Color:To Be Advised 16 Poe Litter $ 1,296.00 $ 20,736.00 Style:Top Opening, 34 gal. capacity Powdercoat Color:To Be Advised Item Total $ 223,389.00 Shipping & Handling $ 4,300.00 Sub Total $ 227,689.00 Estimated Tax $ 0.00 Document Total $ 227,689.00 111 of 508 QUOTATION CORPORATE 431 Lawndale Avenue Kalamazoo, MI 49048-9543 P: 800.521.2546 F: 269.381.3455 www.landscapeforms.com Federal I.D.# 38-1897577 Date: 06/13/2012 LF Quote#: 0000139349 PO#: Project: Church Street Streetscape Bill To: City of Evanston ATTN: Craig Sklenar 2100 Ridge Ave Evanston, IL 60201 Ship To: City of Evanston ATTN: Craig Sklenar - (847) 448-8683 2100 Ridge Ave Evanston, IL 60201-2716 Ship Via: Common Carrier F.O.B.: Destination Page: 2 of 2 Ship Date: Cust #: 0D6JI SSR: Jason Park Rep: Jennifer Woods IL1 Purchaser Seller Qty Description Unit Price Total Price Payment Terms: NET 30 Days Landscape Forms reserves the right to change payment terms based on payment history as well as information obtained from commercial credit reporting agencies. • Changes to or cancellations of orders may incur a penalty charge of 30% or more. Special orders may not be changed or cancelled. • No merchandise can be returned without authorization from Landscape Forms. Returns may be subject to a disposition fee of 30-100%. • Prices based on quantities shown. Change in quantity may affect price. Prices are held for 60 days. •Landscape Forms is a supplier only and ships via common carrier. Customer is responsible for ofﬂoading and installing unless otherwise indicated above. • Purchaser is responsible for conﬁrming options, materials, quantities, etc., for completeness and conformity to plans and speciﬁcations. •Landscape Forms supplies anchoring hardware on a limited number of products. Please consult the installation recommendations or contact Landscape Forms to conﬁrm. In the event hardware is provided, it MUST be used for proper installation. • All orders ship upon completion of fabrication. A one-week grace period may be available, after which storage fees will apply. •This Agreement contains the entire understanding between the parties. All prior communications are merged into this Agreement. The terms of this Agreement shall control any conﬂict between documents. • This Agreement may be signed by the parties separately and by facsimile, and together they shall be deemed one binding, original Agreement. •Purchaser shall pay all costs and expenses paid or incurred by Landscape Forms in collecting any amounts due for goods purchased by Purchaser, including without limitation, reasonable attorneys' fees and costs. Balances on invoices not paid within 30 days of date of invoice, or within an alternate period of time as determined and indicated by Landscape Forms, shall incur interest at a rate of 18% per annum. Cash discounts are not offered. •Pricing includes selection from Landscape Forms' standard powdercoat colors. Optional RAL colors and custom color matches are available for an additional fee and will extend lead-time. Please contact Landscape Forms for more information. •Tax is estimated. Actual tax will be charged on ﬁnal invoice and shall be payable by the Purchaser. U.S. customers must provide a valid sales tax exemption or resale certiﬁcate to remove liability. •REMITTANCE OPTIONS: For information on paying via credit card, ACH, direct bank transfer, or wire please email us at AR@landscapeforms.com. Mail payments to: USD Checks Landscape Forms, Inc. Dept 78073 PO Box 78000 Detroit, MI 48278-0073 USA CAD Cheques Landscape Forms, Inc. PO Box 2408 Station A Toronto, Ontario M5W 2K6 CAN GBP Cheques Landscape Forms, Inc. PO Box 7731 1 Chaseside Bournemouth, Doreset BH1 9WZ UK 112 of 508 For City Council meeting of June 25, 2012 Item A4 Business of the City by Motion: Utility Billing Print and Mail Contract Extension For Action To: Honorable Mayor and Members of the City Council Administration and Public Works Committee From: David Stoneback, Director of Utilities Kevin Lookis, Water Production Superintendent Subject: Approval of Contract Extension for Print and Mail Services Date: June 11, 2012 Recommended Action: Staff recommends that the City Council authorize the City Manager to execute Change Order # 1 with Third Millennium Associates, Inc. (4200 Cantera Drive, Suite 105, Warrenville, IL 60555) in the amount of $17,827.98 to provide utility bill printing and mailing services at the same pricing as obtained in June of 2009. Funding Source: Funding for utility bill printing and mailing services is shared equally between the water fund and the sewer fund, in accounts 7125.62455 and 7400.62455, which have a total combined budget allocation of $19,600 for FY2012. Background: Utility bills, for water, sewer, and sanitation services, are printed and mailed 6 times per year for primary billing and 6 times per year for second notices and shut off notices. The breakdown of the estimated quantity for each item can be found within the table on the attached Change Order. This process is accomplished using an outside vendor specializing in these functions after receiving a file from the Utility Department with appropriate billing information. When necessary, additional items are inserted into the envelope in addition to the bill. Bid specifications (Bid 10-32) were prepared in May of 2009 for utility billing print and mailing services through June 30, 2012. These specifications provide for a three year initial agreement term and for three, one-year contract extensions with the selected vendor at the City’s discretion. Memorandum 113 of 508 Summary: Based on a review of current print and mail pricing, staff is recommending approval of Change Order # 1 extending the contract length one year for utility bill printing and mailing services. In addition, staff has been pleased with the performance of Third Millennium Associates, Inc. and the company also continues to provide print and mail services for Vehicle Sticker purchase. Attachments: Change Order No. 001 dated June 11, 2012 114 of 508 115 of 508 For City Council meeting of June 25, 2012 Item A5 Business of the City by Motion: Banking Services Request for Proposal For Action To: Honorable Mayor and Members of the City Council Administration and Public Works Committee From: Martin Lyons, Assistant City Manager/Chief Financial Officer Hitesh Desai, Accounting Manager Subject: Request for Proposal 12-142: Depository and Various Other Banking Services Date: June 25, 2012 Recommended Action: Staff recommends that the City Council authorizes the City Manager to distribute a request for proposal (RFP) for banking services. These services will include all payroll, accounts payable and optional investment services. Funding Source: The City currently utilizes a “compensating balance” method for banking services. By utilizing this method, fees and charges are offset against an earnings credit allowance. If the City Council prefers a traditional “direct fees” method, staff will provide a detailed listing of all fees and service charges. Summary: The purpose of this process is to select the most efficient local bank which has the capability and expertise to provide depository and other banking services for the City of Evanston. The selected bank must comply with the Illinois Public Investment Act and other State and Federal regulations. In addition, staff has stressed the importance of selecting a local bank during the banking services RFP development process. The City of Evanston has been using the services of Chase and First Bank and Trust as primary banks for over 10 years. The City last initiated an RFP process for banking services in 2008. However, due to the unstable economic environment and resultant bank failures, the City decided against making any changes to its banking services at that time. Since the economy has gradually stabilized, it is again appropriate to explore the market for the most efficient and cost effective option for the delivery of banking services. Memorandum 116 of 508 The City currently has over thirty (30) checking and money market accounts with Chase and First Bank and Trust (see Attachment A). The City uses Chase online services (J.P. Morgan access) for initiating wires and Automated Clearing House (ACH) payments. Chase also offers online bank statements, copies of cashed checks, stop payments and a variety of other services. Daily deposits are made to Chase or First Bank accounts depending on the funds involved. Some of the tax money disbursements from the State of Illinois are deposited into Illinois Funds accounts. Staff will review all of the responses utilizing the evaluation criteria mentioned on page twelve (12) of the banking services RFP. The criteria to be used during the evaluation will include qualifications, scope of services provided, associated costs and charges for services, willingness to execute the City agreement, and commitment to social responsibility. After reviewing the responses, staff will provide the City Council with a recommendation for award to one or a combination of more than one bank to deliver banking services for the City of Evanston. Attachments List of Checking and Money Market Accounts Proposed Banking Services RFP 12-142 117 of 508 City of Evanston List of City of Evanston Bank Accounts with Chase and First Bank Account Number Bank Name Description xxxxxxxxx First Bank & Trust Evanston Capital Improvements Fund xxxxxxxxx First Bank & Trust Evanston Capital Improvements Fund Money Market xxxxxxxxx First Bank & Trust Evanston Debt Service Money Market xxxxxxxxx First Bank & Trust Evanston Parking Fund Money Market xxxxxxxxx First Bank & Trust Evanston Water Bond Reserve xxxxxxxxx First Bank & Trust Evanston Water Depreciation xxxxxxxxx First Bank & Trust Evanston Water Fund D I & E Money Market xxxxxxxxx JP Morgan Chase Accounts Payable xxxxxxxxx JP Morgan Chase Ambulance Receipts Refunds xxxxxxxxx JP Morgan Chase Casualty Loss - CCMSI checks xxxxxxxxx JP Morgan Chase CDBG xxxxxxxxx JP Morgan Chase Community Intervention xxxxxxxxx JP Morgan Chase Debt Service xxxxxxxxx JP Morgan Chase Debt Service Money Market xxxxxxxxx JP Morgan Chase Fire Pension Money Market xxxxxxxxx JP Morgan Chase Fire Pension xxxxxxxxx JP Morgan Chase General Fund xxxxxxxxx JP Morgan Chase Grant Proceeds xxxxxxxxx JP Morgan Chase Home Fund xxxxxxxxx JP Morgan Chase Library Gifts Account xxxxxxxxx JP Morgan Chase Library- Imprest xxxxxxxxx JP Morgan Chase NSP2 xxxxxxxxx JP Morgan Chase Casualty Loss xxxxxxxxx JP Morgan Chase Parking Fund Money Market xxxxxxxxx JP Morgan Chase Parking Operating xxxxxxxxx JP Morgan Chase Compensation Loss Account xxxxxxxxx JP Morgan Chase Sewer Operating Money Market xxxxxxxxx JP Morgan Chase Payroll xxxxxxxxx JP Morgan Chase Police Pension Money Market xxxxxxxxx JP Morgan Chase Police Pension xxxxxxxxx JP Morgan Chase Recreation xxxxxxxxx JP Morgan Chase Senior Citizen Taxicab Subsidy xxxxxxxxx JP Morgan Chase Workers Compensation xxxxxxxxx JP Morgan Chase Spec Assessment xxxxxxxxx JP Morgan Chase Special Assessment Money Market xxxxxxxxx JP Morgan Chase Water And Sewer xxxxxxxxx JP Morgan Chase Water Bond/ Interest Money Market xxxxxxxxx JP Morgan Chase Water Bond/ Interest xxxxxxxxx JP Morgan Chase Water Operating Money Market 118 of 508 1 REQUEST FOR PROPOSAL NUMBER: 12-142 For Depository and Various Other Banking Services PROPOSAL DEADLINE: 2:00 PM, July 27, 2012 Room 4200, Lorraine H. Morton Civic Center, 2100 Ridge Avenue, Evanston, Illinois, 60201 SEALED PROPOSALS TO BE RETURNED TO: CITY OF EVANSTON PURCHASING, ROOM 4200 LORRAINE H. MORTON CIVIC CENTER 2100 RIDGE AVENUE EVANSTON, ILLINOIS 60201 PHONE (847)866-2935 * FAX (847)448-8128 119 of 508 2 TABLE OF CONTENTS Notice to Proposers……………………………………………………………….…..… 3 1.0 Introduction……………………………………………………………………….. 4 2.0 Scope of Services……………………………………………………………….. 4 3.0 Insurance…………………………………………………………………………. 10 4.0 Submittal Requirements………………………………………………………… 10 5.0 Additional Submittal Requirements…………………………………………… 11 6.0 Evaluation Criteria……………………………………………………………….. 11 7.0 Selection Process……………………………………………………………….. 12 8.0 Proposed Schedule……..……………………………………………………….. 13 9.0 Questions Regarding Request For Proposals…………………………………. 13 10.0 General Terms and Conditions………………………………………………….. 13 Exhibit A Details of Monthly Transactions………………………………………….. 18 Exhibit B Proposed Cost Sheet …………………………………………………….. 19 Exhibit C Disclosure of Ownership Interests ………………………………………. 21 Exhibit D Conflict of Interest Form ………………………………………………….. 25 Exhibit E Acknowledgement of Understanding ……………………………………. 26 Exhibit F Anti-Collusion Affidavit and Proposers Certification …………………… 27 Exhibit G Banking Services Request for Proposal Cover Form …………………. 28 Exhibit H Professional Services Agreement ………………………………………. 29 Attachment: Sample Collateralization Agreement 120 of 508 3 CITY OF EVANSTON NOTICE TO PROPOSERS Sealed proposals will be received by the City of Evanston’s Manager of Purchasing and Contracts in Room 4200, Lorraine H. Morton Civic Center, 2100 Ridge Avenue, Evanston, Illinois 60201, until 2:00 P.M. Central Standard Time on July 27, 2012. Proposals shall cover the following: Depository and Various Other Banking Services RFP #12-142 The City of Evanston’s Administrative Services Department is seeking proposals from experienced financial institutions for depository and various other banking services. The City of Evanston (COE) in accordance with the laws of the State of Illinois, hereby notifies all institutions that it will ensure that the contract(s) entered into pursuant to this notice will be awarded to the successful institution without discrimination on the grounds of race, color, religion, sex, age, sexual orientation marital status, disability, familial status or national origin. The City of 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 institution if that institution’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. Jewell Jackson Manager, Purchasing and Contracts 121 of 508 4 CITY OF EVANSTON Depository and Various other Banking Services Request for Proposal 1.0 INTRODUCTION The City of Evanston (COE) is looking to initiate a partnership with a responsible commercial banking institution that not only exhibits the capability and expertise to provide depository and various other banking services, but also, willing to increase their lending and other services to the City’s residents, particularly those in low-income groups. Upon the adoption of any socially responsible bank ordinance by the COE, the bank agrees to disclose information including but not limited to the lending, deposits, and home foreclosures in the community. The contract term desired is for a period of four (4) years with an option to renew for one (1) additional year. Contact with COE personnel in connection with this request for proposal (RFP) shall not be made other than as specified in this RFP. Unauthorized contact of any COE personnel may be a cause for rejection of a proposal. Prior to the submittal of a proposal, Proposers are advised to carefully examine: • the contract documents; • project scope and work tasks to be accomplished; • specifications; • insurance requirements and required documentation. Proposers are advised to become thoroughly familiar with all conditions, instructions and specifications governing this RFP. Proposals shall be made in accordance with these instructions. Proposals shall be submitted on the forms provided by the COE The COE will not be liable in any way for any costs incurred by respondents in replying to this RFP. 2.0 SCOPE OF SERVICES A. Depository and Banking Services The selected financial institution must comply with the Illinois Public Investment Act. The COE is looking for a financial institution which can meet or exceed the GFOA (www.gfoa.org) Best Practice Standards regarding various aspects of banking services. 1. Bank accounts will be interest bearing unless otherwise noted. 2. COE funds in excess of the FDIC limit are required to be 105% collateralized at all times. 3. Monthly reports detailing the adequacy of collateral must be supplied to the COE by the bank within (5) business days of the close of each month. 122 of 508 5 4. The banking institution must be both a “sending” and “receiving” bank on the automated clearing house system to accommodate our payroll disbursement and proposed utility billing collection electronically. The COE will transmit the data electronically. If the COE wishes to include this clearing time further please provide a revised schedule. The COE desires to structure its accounts in such a way as to maximize its interest earnings by never allowing funds to remain idle and is interested in a floating rate tied to a common index for payment of interest earned on all COE accounts. The COE also desires to have a daily auto sweep of any excess balance (to be determined by account) to a separate money market account unless a similar rate of interest will be paid in the operating account. Please explain how you will meet this goal. It is anticipated that the combined cash balances in all accounts will be approximately $75,000,000, depending on the time of the year. B. Accounts Included 1. Primary (General Fund) Operating 2. Payroll 3. Accounts Payables 4. NSP2 Grant Account 5. Recreation Account 6. Water/Sewer Account 7. Parking 8. Debt Service Account 9. Lock Box Accounts 10. Library Account 11. Police/Fire Pension Fund Accounts 12. Capital Improvement 13. Other Accounts (29) Note: The COE requires flexibility and may require additional operating and/or money market accounts on an as-needed basis. C. Services Required 1. The selected financial institution shall provide partial reconciliation services on this account which will include but will not be limited to: monthly bank statements provided no later than seven business days after the end of the month, by electronic access or USB flash drive or equivalent to be approved by the COE of all cleared items, and wire services. The COE is also interested in receiving a USB flash drive or equivalent to be approved by the COE that would include copies of cancelled checks in lieu of the checks being returned to the COE with the month end statement. 123 of 508 6 2. Interest will be credited monthly based upon the average daily balance in the account. 3. The COE will be given credit for items cleared on your bank on the day provided in the banking regulations. Items clearing at institutions located within the Chicago Federal Reserve Region will be credited within one business day at a maximum. All other items deposited will be given credit within two business days at a maximum. 4. Deposit discrepancies, should any occur, will be brought to the attention of the COE designated person on the same day as the discrepancy is found via telephone and e-mail with follow-up in writing for any debits/credits made to correct the error. 5. Returned checks for deposit items to the account will not be returned by the depository financial institution. Instead, the check will be presented for payment a second time. If the check is returned a second time, the bank will notify the COE by debiting the account, returning the check to the COE and sending electronic notice of debit on the same day. 6. All charges for services will be outlined on the attached cost sheet. These costs will be fixed during the term of the contract. The banking institution may pass along costs that increase due to federally mandated regulations upon submitting written notice of such increase to the COE two months prior to such proposed increase taking effect, and upon demonstration of such mandate. Any items affected by such mandates should be noted on the Proposal Cost Form with an asterisk (*). 7. Research services, such as microfilming and other balance inquiries will be performed at the request of the COE or other COE personnel. Such charges, if any, for those services will be included in the fee structure. 8. Bank statements will include all items clearing the account. On the statement, deposits will be sorted in date order and checks will be sorted in numerical order. If it is discovered after the delivery of the statement that an item has been omitted from the statement, the Bank shall notify the COE immediately and mail the document to the COE instead of holding it until the next statement date. 9. All funds on deposit in excess of FDIC limits shall require the execution of a collateral agreement with the selected financial institution. The excess funds are required to be 105% collateralized at all times. This agreement shall outline the types of assets that may be utilized as collateral, the amount of collateral required, and the methodology. A copy of the COE current collateralization agreement is attached. 124 of 508 7 10. The financial institution shall provide to the COE within fifteen working days after the end of the calendar month, an account analysis of the COE account activity, showing the various types of transactions listed on the proposal cost form, and the costs assigned to each. Any costs shown on the account analysis, not specifically listed on the proposal cost form (Exhibit B), will not be considered valid under the contract 11. Changes to the services must be agreed to by both parties. 12. The banking institution shall provide printed duplicate deposit slips, locking bank deposit bag, and endorsement stamps as needed at no cost to the COE. 13. In order to more efficiently manage its cash flow and invest funds, the COE desires the capability of on-line/electronic monitoring of its accounts. On-line monitoring should be accessible via personal computer. The COE wishes the capability of initiating internal transfers between COE accounts, initiating outbound wire transfers, downloading cleared check information, printing monthly statements, inquiring on ACH detail, and placing stop payments electronically. Please list your capability of providing the above services on the Proposal Cost Form (Exhibit B), as well as all costs associated with having on-line services. In addition, indicate costs for internal transfers and wire transfers initiated from an electronic system. 14. All outgoing wire transfers will be executed within two (2) hours after notification by the COE Finance Staff or to the extent allowed by law. There may be instances where the COE has wired money out prior to the receipt of a maturing investment, creating a daylight overdraft. Describe how this situation would be handled by your bank along with any associated fees if the daylight overdraft is allowed. This situation may not happen more than once per month. Please provide a copy of your bank’s Wire Transfer Agreement with your proposal. 15. The COE offers direct deposit of payroll to its employees. Over 600 of the COE’s total employees participate in the direct deposit. Payroll is processed bi-weekly. The COE will provide electronic transmission for the bi-weekly payroll to the bank prior to 3:00 p.m. on the pay date. Employees must receive credit the following morning. The COE wishes on-line capability to transmit this file to the bank. This software should also allow review of the transactions prior to being transmitted to the bank. The COE is interested in providing payroll card options to employees. Please describe your capabilities in this area. 16. The COE is also offering direct debit of a variety of payments including utilities for its customers. Data will be transmitted electronically. At the current time, approximately 1,600 residents are using utility direct debit 125 of 508 8 service. Please describe your capabilities in this area. The COE is interested in other direct debit payment services provided by the bank. 17. The Payroll Zero Balance Account will not have any deposit transactions. Appropriate amounts will be transferred from the associated accounts to the payroll account to cover the clearance of any outstanding checks. 18. The COE requires utilizing a lock box service to process utility bills, vehicle stickers, parking fines, and ambulance usage payments. The number of water bills currently processed via the lockbox is approximately 10,000 every other month. The lockbox also processes parking tickets on a daily basis with a volume between 200-400, and ambulance receipts averaging 5 per day. The banking institution will be required to collect items from the post office at least once per day. All envelopes will be supplied by the COE. These will be pre-addressed reply envelopes printed in a sufficient size to comfortably accommodate the remittance advice and check. The COE has outsourced the printing and mailing of utility bills. The bills are laser printed on 8½ x 11 paper. There is an OCR line on the bills that includes the account number and amount due. The banking institution will extract the contents of the envelopes from the lock box and process items for payment. An electronic transmission of all remittance data shall be prepared by the vendor and submitted to the COE on a daily basis no later than 3:30 p.m. on the date of processing. The coupons and copies of unmatched items shall be delivered to the COE by the next business day. The banking institution shall send the following materials to the COE each day after processing: A. Source documents B. Detail report C. Credit advice for each deposit D. Any correspondence found in envelopes with the remittance If your financial institution has an armored car service, please specify the cost, if any, for daily deposit pickups at various COE locations. 19. Please specify your financial institution’s in-house broker/investment capabilities. 126 of 508 9 20. Please include credit card processing fees and related equipment charges for up to twenty terminals if your bank offers this service. 21. The COE desires positive pay for the payroll account. Please discuss if your bank offers positive pay and the fees, if any, associated with this service. 22. The COE is currently using a combination of IP dial out and analog dial out point of sale terminals for credit cards. Please explain how you will connect to our current terminals or indicate if any changes are needed to our existing terminals. 23. Please provide your policy as to compliance with the “Red Flag Rule”. In November 2007, the Federal Trade Commission (FTC) issues a set of regulations, collectively known as “Red Flags Rule,” requiring that certain entities develop and implement written identity theft prevention and detection programs to protect consumers from identity theft. The Red Flag Rule was intended to ensure that banks, credit card companies and certain retailers protect consumer financial information. 24. Please provide your institution’s capabilities regarding purchasing card (P- Card) services for approximately 150 employees including monthly credit limits and single transaction limits. 25. The COE is interested in the use of social media platforms (e.g. Facebook, Twitter, SMS, etc) to conduct transactions with vendors, employees and the public. Please provide a description of your services in this area. 26. Please indicate your rating under the Community Reinvestment Act for the last five years. 27. Please indicate if your institution has been fined by any Illinois or U.S. banking regulators in the past five years. If so, please explain. 28. Please describe the institution’s role in real estate loans and foreclosures including number of current foreclosure cases, how mortgage loans are financed and any other information that will help the City understand the bank’s policies on the subject. 29. Please describe your bank’s activities in Evanston, including loan funds invested in Evanston businesses, lending practices in Evanston, employees in Evanston, volunteer and financial support of Evanston causes and any other information that will help the City understand the bank’s commitment to the community. 127 of 508 10 3.0 INSURANCE The proposing firm shall carry and maintain at its own cost with such companies as are reasonably acceptable to the COE 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 proposing firm, and insuring proposing firm against claims which may arise out of or result from Proposing firm’s performance or failure to perform the Services hereunder. The proposing firm must provide an insurance certificate naming the COE 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 COE 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 COE. The proposing firm’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 COE. 4.0 SUBMITTAL REQUIREMENTS Responses to this Request shall be in one volume. Any institution brochures and/or information pertaining to the qualifications of the institution and/or team may be submitted, but must be included in a single volume. Applicant institutions must submit six (6) hardcopies, one (1) unbound original and an electronic copy on a flash drive. A. Cover Letter The cover letter will include the following: • Introduction of financial institution • Signed by an authorized person of the financial institution. • Include the name • Address • Phone number of the institution submitting the proposal • Include the name and signature of an authorized binding official who is authorized to answer questions regarding the institution’s proposal. B. Qualifications and Experience of Financial Institution and/or Team 128 of 508 11 • All respondents shall describe other contracts (at least 5, but no more than 10) 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. • Please provide your financial reports for the quarter ending March 31, 2012. C. Contact Person(s) Clearly identify the professional staff person (s) who would be assigned as your lead contact person(s) and provide resumes. The proposal should indicate the abilities, qualifications and experience of these individuals. The selected financial institution must notify the COE within five (5) days of any change in Personnel. D. Fees Provide a copy of your fees/prices on the attached proposed cost sheet (Exhibit B, page 19). E. Contract The COE has attached its standard contract in Exhibit H (see page 29– Professional Services Agreement). List all exceptions to the contract. 5.0 ADDITIONAL SUBMISSION REQUIREMENTS Please provide information regarding the bank’s Compensating Balances Method in lieu of direct payment of fees. Details such as calculation method, earnings credit allowance rate, eligible balances and other requirements, if any, may be provided. Please specify the exact time frame required for transitioning from the current institution. Proposers shall submit all required forms in response to the RFP. The required forms in this RFP are Exhibits A through H. 6.0 EVALUATION CRITERIA The COE will select the successful institution through an evaluation process based on the institution 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 COE 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 for approval of award of the contract to the Evanston City Council based on but not limited to the criteria set forth below. 129 of 508 12 A. Qualifications and Expertise B. Type and Scope of Services Provided C. Price D. Organization and Completeness of Proposal E. Willingness to Execute the COE Standard Agreement F. Social Responsibility 7.0 SELECTION PROCESS The COE will make selection 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 COE reserves the right to reject any or all proposals, and to request written clarification of proposals and supporting materials from the Proposer. The COE reserves the right to award in part or in whole and to select multiple institutions, depending on whichever decision is deemed to be most advantageous to the COE. Responses may be rejected if the respondent 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 respondent institutions 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 institutions. If the COE is unable to reach any sort of agreement with the selected institution, the COE will discontinue negotiations with the selected institution and begin negotiations with the institution ranked second and so on until agreement is reached. 130 of 508 13 8.0 PROPOSED SCHEDULE The tentative schedule for this RFP and project process is as follows: 1. RFP issued July 5, 2012 2. Last Day to Submit Questions July 24, 2012 3. Final Addendum Issued July 31, 2012 4. RFP Submission Due Date August 2, 2012 5. City Council Award of Contract September, 2012 6. Transition Completion/Testing December 1, 2012 (no compensation) 7. Contract Effective (On or before) January 1, 2013 9.0 QUESTIONS REGARDING RFP All questions related to this RFP should be submitted in writing to Jewell Jackson, Manager, Purchasing and Contracts, at jjackson@cityofevanston.org with a copy to Hitesh Desai at hdesai@cityofevanston.org 10.0 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, institution 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 not any exemptions to the disclosure of such records, or part thereof, are applicable. 131 of 508 14 The Purchasing Manager will endeavor to advise the institution of any request for the disclosure of the material so marked with “TRADE SECRET”, “CONFIDENTIAL”, or “PROPRIETARY”, and give the institution 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 institution, then the institution shall be solely responsible for notifying the submitting party of the request. The City’s sole responsibility is to notify the institution 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 132 of 508 15 proposal to be rejected. Addenda information is available over the internet at www.demandstar.com, or by contacting the office of the Purchasing Manager, 847-866-2935. F. Term The contract is for four (4) years with an option to renew for one (1) additional year. The City may terminate a contract for either cause or convenience. G. Non-Appropriation of Funds The City of Evanston reserves the right to terminate in whole or in part of 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 Please explain in detail the payment method for banking and other services provided (automatic debit to City accounts or submission of invoice). You may also specify whether these debits or invoicing would be on a monthly, quarterly or on an annual basis. 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 133 of 508 16 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 Manager. 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 office of the Purchasing Manager. 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 Manager. 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 Manager to take. Statements shall be sworn and submitted under penalty of perjury. L. Authority To Resolve Protests And Contract Claims Protests: The Purchasing Manager 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 Manager, 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. 134 of 508 17 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 All Proposers shall describe any prior or pending litigation or investigation, either civil or criminal, involving a governmental agency or which may affect the performance of the services to be rendered herein, in which the Institution, any of its employees, or subcontractors has been involved in within the last three (3) years. N. Subcontractors If any institution submitting a proposal intends on subcontracting out all or any portion of the engagement, that fact, and the name of the proposed subcontracting institution(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 Manager 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. 135 of 508 18 CITY OF EVANSTON BANKING SERVICES REQUEST FOR PROPOSAL DETAILS OF MONTHLY TRANSACTIONS EXHIBIT A Bank Transactions February 2012 Transfers Checks & Deposits Wires ACH Payments Others Total General Fund (Operating)512 49 13 51 24 649 Payroll 3 7 422 432 Accounts Payable 36 499 535 NSP2 Grant Account 13 13 Recreation 343 18 4 365 Water/Sewer 111 5 6 13 135 Parking 128 4 2 134 Debt Service 1 5 32 38 Capital Improvements 142 4 146 Library 5 14 19 Police Pension 6 6 Fire Pension 3 6 10 19 1,245 127 66 1,012 41 2,491 Note: The above list includes only major accounts with higher activity during a month 136 of 508 19 CITY OF EVANSTON BANKING SERVICES REQUEST FOR PROPOSAL PROPOSED COST SHEET EXHIBIT B COMPANY NAME____________________________________________________ Address______________________________________________________________ Phone____________________________Fax_________________________________ ITEM COST PER ITEM ANNUAL/ MONTHLY COST FOR NON- TRANSACTION ITEMS Software and installation Monthly service charge File transmission cost Collateralization costs ACH credits (direct deposit items) Checks paid Deposits Incoming wires Returned items-ACH Returned items-checks Lock box fees Other (specify) Continued on Next Page 137 of 508 20 Other (specify) Total costs: Notes: A. Any fees charged by your bank but not included above must be listed on a supplemental attachment. B. Please provide fee information regarding the bank’s Compensating Balances Method in lieu of direct payment of fees. Please include calculation method, earnings credit allowance rate, eligible balances and other details as necessary. Proposal submitted by: ___________________________ Signature ___________________________ ________________________ Title Date 138 of 508 21 CITY OF EVANSTON BANKING SERVICES REQUEST FOR PROPOSAL EXHIBIT C 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.) 139 of 508 22 _____________________________________________________________________ _____________________________________________________________________ _____________________________________________________________________ 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. ______________________________________________________________________ 140 of 508 23 3b. Name and address of trustee or estate administrator. ______________________________________________________________________ ______________________________________________________________________ 3c. Trust or estate beneficiaries: Name, address, and percentage of interest in total entity. ______________________________________________________________________ ______________________________________________________________________ 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.) ______________________________________________________________________ 141 of 508 24 ______________________________________________________________________ ______________________________________________________________________ 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: _____________________ 142 of 508 25 CITY OF EVANSTON BANKING SERVICES REQUEST FOR PROPOSAL EXHIBIT D 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 ______________, 2012 Notary Public Failure to complete and return this form may be considered sufficient reason for rejection of the bid / proposal. 143 of 508 26 CITY OF EVANSTON BANKING SERVICES REQUEST FOR PROPOSAL EXHIBIT E 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 all 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: 144 of 508 27 CITY OF EVANSTON BANKING SERVICES REQUEST FOR PROPOSAL EXHIBIT F 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 _____________________, 2012 __________________________________________ Notary Public Commission Expires: ________________________ Failure to complete and return this form may be considered sufficient reason for rejection of the bid. 145 of 508 28 CITY OF EVANSTON BANKING SERVICES REQUEST FOR PROPOSAL EXHIBIT G Proposal Submitted By: Bank Name______________________________________________________________ Address ______________________________________________________________ Phone ______________________________________________________________ This proposal contains all the information requested in the Request for Proposal, including the proposed cost sheet and following documents: Bank’s Audited Financial Statements and Call Reports for the previous two years (one set) Bank’s EFT Transfer and ACH Agreement Bank’s Custodial Agreement and Fee Schedule Any other agreements that will be required to be executed ______________________________ Signature ______________________________ Typed Name ______________________________ Title ______________________________ Date Please submit 3 copies of your proposal 146 of 508 29 EXHIBIT H CITY OF EVANSTON PROFESSIONAL SERVICES AGREEMENT The parties referenced herein desire to enter into an agreement for professional services for RFP # 12-142 Banking and Various Depository Services (“the Project”) THIS AGREEMENT (hereinafter referred to as the “Agreement”) entered into this ___ day of ________________, 2012___, 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 “Financial Institution”). Compensation for all basic Services (“the Services”) provided by the Financial Institution pursuant to the terms of this Agreement shall not exceed $[Insert fee here]. I. COMMENCEMENT DATE Financial Institution shall commence the Services on ____________ or no later than three (3) days after City executes and delivers this Agreement to Financial Institution. II. COMPLETION DATE Contract to provide banking services will be four (4) years from the date of commencement date. 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. 147 of 508 30 III. PAYMENTS City shall pay Financial Institution those fees as provided here: Payment shall be made on a monthly, quarterly or on an annual basis either by direct automatic debit to City of Evanston account(s) or payment of invoices as agreed to by both the parties. Any expenses in addition to those set forth in the cost sheet (exhibit-xx) must be specifically approved by the City in writing in advance. IV. DESCRIPTION OF SERVICES Financial Institution 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 Financial Institution’s Response to the Proposal (Exhibit C). V. GENERAL PROVISIONS A. Services. Financial Institution shall perform the Services in a professional and workmanlike manner. All Services performed and documentation (regardless of format) provided by Financial Institution 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. Financial Institution 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 Financial Institution during the term of this Agreement. All materials, buildings, structures, or equipment designed or selected by Financial Institution shall be workable and fit for the intended use thereof, and will comply with all applicable governmental requirements. Financial Institution 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. Financial Institution 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, Financial Institution 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. Financial Institution is responsible for conforming its final work product to generally accepted professional standards for all work performed pursuant to this Agreement. Financial Institution is an independent Financial Institution and is solely responsible for all taxes, withholdings, and other statutory or contractual 148 of 508 31 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. Financial Institution acknowledges and agrees that should Financial Institution or its sub-Financial Institutions provide false information, or fail to be or remain in compliance with this Agreement, the City may void this Agreement. The Financial Institution warrants and states that it has read the Contract Documents, and agrees to be bound thereby, including all performance guarantees as respects Financial Institution’s work and all indemnity and insurance requirements. The Financial Institution 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 Financial Institution subcontracts any of the services to be performed under this Agreement, the sub-Financial Institution 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 Financial Institution shall be responsible for the accuracy and quality of any sub-Financial Institution’s work. All sub-Financial Institution agreements shall include verbatim or by reference the provisions in this Agreement binding upon Financial Institution as to all Services provided by this Agreement, such that it is binding upon each and every sub-Financial Institution that does work or provides Services under this Agreement. The Financial Institution 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. Financial Institution 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. Financial Institution represents and warrants that: (1) Financial Institution possesses and will keep in force all required licenses to perform the Services, (2) the employees of Financial 149 of 508 32 Institution 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 ninety (90) days written notice to Financial Institution. If the City terminates this agreement, the City will make payment to Financial Institution 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 Financial Institution 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, PDF, Word, Excel spreadsheets, technical specifications and calculations, and any other such items specifically identified by the City related to the Services herein. D. Independent Financial Institution. Financial Institution’s status shall be that of an independent Financial Institution and not that of a servant, agent, or employee of City. Financial Institution shall not hold Financial Institution out, nor claim to be acting, as a servant, agent or employee of City. Financial Institution is not authorized to, and shall not, make or undertake any agreement, understanding, waiver or representation on behalf of City. Financial Institution 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. Financial Institution 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. Financial Institution represents and warrants that no prior or present services provided by Financial Institution 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 Financial Institution 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, Excel spreadsheets, PDF, and other documents or materials required to be furnished by Financial Institution 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 150 of 508 33 and use all or any part of the same without payment of any additional royalty, charge, or other compensation to Financial Institution. Upon the termination of this Agreement, or upon request of City, during any stage of the Services, Financial Institution shall promptly deliver all such materials to City. Financial Institution 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 Financial Institution may retain copies of the same for Financial Institution’s own general reference. G. Payment. Invoices for payment shall be submitted by Financial Institution 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. Financial Institution 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 Financial Institution, 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 Financial Institution is found to have been overstated, Financial Institution 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. Financial Institution 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 Financial Institution or Financial Institution’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 Financial Institution shall be liable for the costs, fees, and 151 of 508 34 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, Financial Institution 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 Financial Institution of any of its obligations under this Agreement. Any settlement of any claim or suit related to this Agreement by Financial Institution 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, Financial Institution 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 Financial Institution 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. Financial Institution 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 sub-Financial Institutions’ work. Acceptance of the work by the City will not relieve the Financial Institution of the responsibility for subsequent correction of any such error, omissions and/or negligent acts or of its liability for loss or damage resulting therefrom. All provisions of this Section shall survive completion, expiration, or termination of this Agreement. J. Insurance. Financial Institution 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 Financial Institution, and insuring Financial Institution against claims which may arise out of or result from Financial Institution’s performance or failure to perform the Services hereunder: (1) worker’s compensation 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 152 of 508 35 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. Financial Institution shall give to the City certificates of insurance for all Services done pursuant to this Agreement before Financial Institution 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 Financial Institution to provide copies of the Additional Insured Endorsement to said policy (ies) which name the City as an Additional Insured for all of Financial Institution’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. Financial Institution’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. Financial Institution understands that the acceptance of certificates, policies and any other documents by the City in no way releases the Financial Institution and its subcontractors from the requirements set forth herein. Financial Institution 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 Financial Institution fails to purchase or procure insurance as required above, the parties expressly agree that Financial Institution 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 Financial Institution. Financial Institution 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 Financial Institution with information to enable Financial Institution to render the Services hereunder, or Financial Institution may develop confidential information for City. Financial Institution agrees (i) to treat, and to obligate Financial Institution’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 Financial Institution may make for City to any person, institution 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 Financial Institution on a confidential basis from any third party unless Financial Institution 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 153 of 508 36 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 Financial Institution’s control, the Financial Institution 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 Financial Institution 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. Financial Institution 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 Financial Institution, nor disclose or transmit the same to any other party. M. No Assignments or Subcontracts. Financial Institution 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. Financial Institution shall not employ, contract with, or use the services of any other architect, interior designer, engineer, Financial Institution, 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 Statues, Ordinances and Regulations. In performing the Services, Financial Institution shall comply with all applicable federal, state, county, and municipal statues, ordinances and regulations, at Financial Institution’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 Financial Institution’s officers, employees, subcontractors, or agents. Financial Institution shall immediately reassign any such individual who in the opinion of the City does not pass the background check. O. Liens and Encumbrances. Financial Institution, for itself, and on behalf of all subcontractors, suppliers, material-men and others claiming by, through or under Financial Institution, hereby waives and releases any and all statutory or common law mechanics’ material-mens’ or other such lien claims, or rights to 154 of 508 37 place a lien upon City property or any improvements thereon in connection with any Services performed under or in connection with this Agreement. Financial Institution 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 material-men, and a release of lien respecting the Services at such time or times and in such form as may be reasonably requested by City. Financial Institution shall protect City from all liens for labor performed, material supplied or used by Financial Institution and/or any other person in connection with the Services undertaken by Financial Institution hereunder, and shall not at any time suffer or permit any lien or attachment or encumbrance to be imposed by any sub-Financial Institution, supplier or material-men, or other person, institution or corporation, upon City property or any improvements thereon, by reason or any claim or demand against Financial Institution 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 Financial Institution at the address first above set forth, or at such other address or addresses as City or Financial Institution 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 Financial Institution, or arising out of a breach of this Agreement by Financial Institution, the City shall recover from the Financial Institution as part of the judgment against Financial Institution, 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. 155 of 508 38 U. Time. Financial Institution agrees all time limits provided in this Agreement and any Addenda or Exhibits hereto are of essence to this Agreement. Financial Institution shall continue to perform its obligations while any dispute concerning the Agreement is being resolved, unless otherwise directed by the City. 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 Financial Institution. VI. EQUAL EMPLOYMENT OPPORTUNITY In the event of the Financial Institution’s noncompliance with any provision of Section 1-12-5 of the Evanston City Code, the Illinois Human Rights Act or any other applicable law, the Financial Institution may be declared non responsible 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 Financial Institution 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. Financial Institution 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 Financial Institution 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; 156 of 508 39 C. A description of sexual harassment utilizing examples; D. The Financial Institution’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. FINANCIAL INSTITUTION CERTIFICATIONS A. Financial Institution acknowledges and agrees that should Financial Institution or its sub-Financial Institution provide false information, or fail to be or remain in compliance with the Agreement, the City may void this Agreement. B. Financial Institution 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 Financial Institution, or any officer, director, partner, or other managerial agent of Financial Institution, 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, Financial Institution certifies at least five years have passed since the date of the conviction. D. Financial Institution 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, Financial Institution 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. Financial Institution 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 Financial Institution 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. 157 of 508 40 H. Financial Institution 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 Agreement shall control over the Exhibits. In no event shall any proposal or contract form submitted by Financial Institution 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. FINANCIAL INSTITUTION: CITY OF EVANSTON 2100 RIDGE AVENUE EVANSTON, IL 60201 By ________________________ By:________________________ Its: ________________________ Its: _______________________ FEIN Number: _______________ Date: _____________________ Date: _______________________ 158 of 508 41 This EXHIBIT A to the Banking Services Agreement dated _______ between the City of Evanston, 2100 Ridge Avenue, Evanston, Illinois, 60201(“City”) and _______________ (“Bank/Financial Institution”) sets forth the Commencement and Completion Date, Services, and Fees as follows: I. COMMENCEMENT DATE: ____________________ II. COMPLETION DATE: ________________________ III. FEES: Per proposed cost sheet IV. SERVICES/SCOPE OF WORK: As defined in RFP/ #________ (Exhibit B) and Financial Institution’s Response to Proposal (Exhibit C) Dated: ______________ 159 of 508 SAMPLE160 of 508 SAMPLE161 of 508 SAMPLE162 of 508 SAMPLE163 of 508 For City Council meeting of June 25, 2012 Item A6 Business of the City by Motion: Public Art at the Sherman Garage For Action To: Honorable Mayor and Members of the City Council Administration and Public Works Committee From: Public Art Committee CC: Douglas J. Gaynor, Parks, Recreation and Community Services Director Jeff Cory, Cultural Arts/Arts Council Director Subject: Resolution 28-R-12 Authorizing the City Manager to Sign a City of Evanston Community Public Art Program Agreement with Krivanek + Breaux / Art +Design LLC for Artwork at the Sherman Garage Date: June 18, 2012 Recommended Action: Public Art Committee members recommend approval of a $75,000 commission for the artist team of Krivanek + Breaux to create a new work of public art at the Sherman Plaza garage in Washington National TIF #4, titled Search & Effect. Funding Source: Funding for this Public Art Project at the Sherman Avenue garage is provided through the Percent for Art Program by the Washington TIF Fund. Washington National TIF #4: $75,000 Summary: In 1991, the City of Evanston adopted a Percent for Art ordinance, whereby up to one percent of the cost of new municipal construction projects may be allocated for the acquisition of public art. In 2006, funding for public art was generated through the construction of a public parking garage at 821 Davis Street in Evanston. At that time, a call for public art proposals was initiated and a $250,000 commission was awarded to artist Takashi Soga for creation and installation of the Sea of the Ear Ring ’07, which is located at the northwest corner of Sherman Avenue and Davis Street. Through negotiations with Mr. Soga on the final commission price, the Director of Parks, Recreation and Community Services was able to retain approximately $85,000 in the Percent for Art project fund for the commission of an additional work of public art within the TIF district. Memorandum 164 of 508 A request for qualifications for a public art project within the downtown Washington TIF was posted in October 2010, and the Public Art Committee met on December 14, 2010 to review the submissions. Six finalists were selected to receive a request for proposals. Five of the artists responded to the RFP with a proposal by the April 26, 2011 deadline: Actual Size Artworks of Stoughton, WI; Michael Clapper of Denver, CO; Douglas Kornfeld of Cambridge, MA; Krivanek + Breaux Art/Design of Chicago/Lafayette, LA; and Barton Rubenstein of Chevy Chase, MD. The City of Evanston’s Public Art Committee appointed a nine-member Selection Committee to review the proposals submitted by the five finalists. The Selection Committee consisted of members of the Public Art Committee, two City Council members, business owners, artists, and other community members. The Selection Committee held a meeting in early June 2011 to review and assign scores to the proposals based on the following criteria: Artistic Excellence (50 points), Site Suitability (25 points), Budget Feasibility (10 points), Acceptance of City Terms (10 points), and References (5 points). The meeting included a conference call with each of the finalists, to address questions from Selection Committee members. Seven of the nine Selection Committee members attended this meeting, and the proposals from the finalists were assigned the following scores: Krivanek + Breaux 90.7 Barton Rubenstein 74.6 Michael Clapper 61.4 Douglas Kornfeld 57.9 Actual Size Artworks 44.0 In response to concerns expressed by a member of the Selection Committee, a list of follow-up questions was sent to Krivanek-Breaux and an in-person meeting was scheduled with the Selection Committee and Staff to address the concerns. As a result, the following clarifications and adjustments to the proposal were made by Krivanek + Breaux: 1) No parkway trees will be removed to accommodate the project. 2) In response to an expressed concern for pedestrian and motorist safety, the proposed projection of words onto the Benson Ave. sidewalk was removed from the project. 3) Images in the garage windows were moved from the west-facing to the south- facing windows to provide improved visibility. 4) Most of the words and images will be mounted behind the glass to deter vandalism; text façade inscriptions attached on the exterior will be made of durable, anodized aluminum. 165 of 508 5) Maintenance costs will be limited to replacement of light bulbs, which would be scheduled in conjunction with routine elevator maintenance to avoid incurring additional fees. Public Works staff provided the following comments in response to a request for an assessment of potential safety concerns related to the proposed project: 1) The first floor "word" lighting should not be a problem for traffic or pedestrian traffic. It will be similar to a business sign. 2) The elevator spot lights will only be seen from the second floor and up, which should not be a problem for vehicle and pedestrian traffic. 3) The glass area where the elevators are is an opaque glass and with the added art design should limit any spill over light that could distract. 4) Since there is not any east bound traffic at this location (Davis is one way west bound), there should not be any concerns for distractions to drivers. Also Benson is a north/south street so the display will be to the side of the driver and again should not be a distraction. The Traffic Division of the Police Department did not foresee an issue with the proposed lighting with pedestrian or vehicle traffic area. They observed that the lighting would be filtered by the art design, and would be at such a height that they do not foresee it distracting any pedestrian or vehicle traffic. They commented on the possibility of dimming the lighting should this become an issue. To test the proposed project, lighting was installed on the elevator car and in one of the south-facing windows of the garage, so that light levels could be evaluated. Members of the Public Art Committee and staff visited several units facing the garage in the Optima Towers building on Davis Street, to assure that light levels would not impact neighboring residents. Additional tests were scheduled in May 2012 to provide City Council members with an opportunity to view proposed light levels of the project. Search & Effect is a site-specific project comprised of imagery, text, and motion-activate lighting that would be displayed in the Sherman Plaza garage lobby, elevator cars, and elevator bay landing areas on each floor. The abstract nature of the imagery and text would allow for open-ended interpretations of the work over repeated viewings. The artist team of Krivanek + Breaux has a successful track record of installing work of a similar nature throughout the United States. Recent Krivanek + Breaux commissions have included Los Angeles International Airport, University of Florida, Chicago Transit Authority, Arizona State University, California State University at Long Beach, University of Wisconsin at Whitewater, City of Los Angeles, and City of Phoenix. 166 of 508 Legislative History: December 13, 2011, the Public Art Committee voted to recommend approval of a commission for public art by Krivanek + Breaux at the Sherman Plaza garage. January 17, 2012, the Evanston Arts Council voted to recommend approval of this project. April 2, 2012, the Human Services Committee voted to forward this project to City Council for consideration of approval. ------------------------------------------------------------------------------------- Attachments: Resolution 28-R-12 Proposal for Search & Effect public art project by Krivanek + Breaux 167 of 508 168 of 508 169 of 508 170 of 508 171 of 508 172 of 508 173 of 508 174 of 508 175 of 508 176 of 508 177 of 508 178 of 508 Washington National TIF #4—Sherman Plaza Self-Park—City of Evanston 03-22-12—Copyright 2011—Krivanek+Breaux/ Art+Design, LLC—Chicago/ Lafayette—bjkrivanek@aol.com—773-398-7814 —DESIGN DEVELOPMENT— 179 of 508 THEMES+OBJECTIVES—01 Washington National TIF #4—Sherman Plaza Self-Park—City of Evanston 03-22-12—Copyright 2011—Krivanek+Breaux/ Art+Design, LLC—Chicago/ Lafayette—bjkrivanek@aol.com—773-398-7814 Not-to-Scale We exist within diverse social, political, economic, technological and cultural systems that range in scale from inti- mate to global. Downtown Evanston is a crossroads of commercial, educa- tional and cultural activities that can be expressed in a site-specific artwork. The social and functional zone defined by the elevators and lobbies of the Sherman Plaza Self-Park offers the dramatic potential to create a large- scale metaphoric sitework that can be inhabited and experienced by many users and viewers passing by. We have a long track record of devel- oping and completing fully-integrated artworks within buildings and urban in- frastructure, completing public site- works on-time and on-budget. We work with experienced fabricators, utilizing architectural materials and proven, low tech systems. At the same time, we are accustomed to consulting with stakeholders to further develop the form and content of our public art- works. It is a collaborative process. • Humans exist within a range of intimate-to-global social/technical/economic systems • The private internalized domain of thought is a process of searching and focusing • Human ideation and creation produce outcomes, consequences and impacts on society • Activate viewers in their relationship to the artwork—to inhabit and experience it • Maximize the dramatic potential of this high-rise structure within the downtown • Integrate the artwork into the architectural+functional language of the building • Allow for open-ended interpretations over repeated viewings U RBAN+ARTISTIC OBJECTIVES: T HEMES+SYM BOLISMS : 180 of 508 SOUTH PERSPECTIVE—02 Washington National TIF #4—Sherman Plaza Self-Park—City of Evanston 03-22-12—Copyright 2011—Krivanek+Breaux/ Art+Design, LLC—Chicago/ Lafayette—bjkrivanek@aol.com—773-398-7814 Not-to-Scale The 12-storey vertical zone defined by the elevators and lobbies at the South- west corner of the Sherman Plaza Self-Park can be divided into two verti- cal symbolic domains on the South and West Façades. The observation areas can be thought of as a more public, externalized domain of large-scale social systems—politics, economics, culture, technology, urbanism, communica- tions and media—and the individual potential for accomplishment and rec- ognition we find within these mediated systems. When a user enters an upper eleva- tor lobby, a motion-detector will trig- ger the spotlighting of symbolic Pattern-Icons on the curtain wall, to initiate the beginning of another cycle. Viewers witness the dynamic inhabitation of the entire high-rise. Lower façade at the southwest corner of the parking structure at dusk INITIATE ENVISION FORMULATE IMPACTS SEARCH EFFECT Pattern-Icons 181 of 508 WEST PERSPECTIVE—03 Washington National TIF #4—Sherman Plaza Self-Park—City of Evanston 03-22-12—Copyright 2011—Krivanek+Breaux/ Art+Design, LLC—Chicago/ Lafayette—bjkrivanek@aol.com—773-398-7814 Not-to-Scale This large-scale public sitework en- compasses the entire high-rise struc- ture. Looking upward at the façade from ground level, a viewer becomes more aware of the movement of eleva- tors up-and-down, as spotlight beams are focused downward to suggest searching. The large translucent space that the el- evator cabs move up-and-down within can be thought of as a more private, in- ternalized domain of thought, where a user initiates entry into a metaphoric process of Search: initiating, envision- ing, formulating, and articulating ideas; and Effect: the unforeseen outcomes, consequences and impacts upon indi- viduals and society. Lower façade at the southwest corner of the parking structure at dusk INITIATE ENVISION FORMULATE IMPACTS SEARCH EFFECT Text-Icons Façade Inscriptions Silhouette+Shadow Inscriptions 182 of 508 PERSPECTIVES—DETAILS—04 Washington National TIF #4—Sherman Plaza Self-Park—City of Evanston 03-22-12—Copyright 2011—Krivanek+Breaux/ Art+Design, LLC—Chicago/ Lafayette—bjkrivanek@aol.com—773-398-7814 Not-to-Scale In addition to the large-scale visual effect of the artwork from outside, there are other possibilities for close- up engagement. The view outward from inside the elevator cabs will be mediated by patterns of Text-Icons, to enhance the experience of looking out- ward over the city. Entering or exiting the elevators on the upper floors, building users will trigger motion-activation of spotlights in the observation area, highlighting large- scale Pattern-Icons upon the sur- faces of panels that face outward. Viewers can become further engaged by casting shadows of their bodies upon these surfaces, to assert a human presence. At ground level, passersby on the side- walk encounter Silhouette+Shadow Inscriptions that are revealed by the spotlights of descending elevator cabs, encountering words that suggest the unforeseen outcomes, consequences and impacts of ideation and creation upon individuals and broader society. Lower façade at the Southwest corner of the parking structure at dusk Observation area looking toward the South Looking outward from inside an elevator cab Pattern-Icons Text-Icons Façåde Inscriptions——Silhouette+Shadow Inscriptions 183 of 508 ELEVATIONS—OVERALL—05 Washington National TIF #4—Sherman Plaza Self-Park—City of Evanston 03-22-12—Copyright 2011—Krivanek+Breaux/ Art+Design, LLC—Chicago/ Lafayette—bjkrivanek@aol.com—773-398-7814 Scale: 1/4” = 1’ - 0” Pattern-Icons (Panels) (visible daytime+nighttime— inside+outside) Façade Inscriptions (visible daytime+nighttime—outside) Text-Icons (Panels) (visible daytime+nighttime—inside) Silhouette+Shadow Inscriptions (visible nighttime—outside) —WEST ——SOUTH— 184 of 508 —WEST — Spotlight ASpotlight ASpotlight A Pattern-Icons (Panels) (visible daytime+nighttime— inside+outside) Materials: Translucent acrylic panels attached to curtain wall mullions—with subsurface inscrip- tions and icons—in 3 sections approximately 30”W x 110”H each Materials: Opaque white inscriptions imprinted on transparent acrylic panels attached to mullions from inside. Shadows cast onto the ground by spotlights mounted on elevator cabs Materials: Inscriptions CNC-cut from brushed, anodized aluminum plate, attached to mullions from outside Façade Inscriptions (visible daytime+nighttime—outside) Text-Icons (Panels) (visible daytime+nighttime—inside) Silhouette+Shadow Inscriptions (visible nighttime—outside) Equipment: Low power spotlight— ETC Source Four PAR EA mounted on top of the cab to project downward Spotlight B Equipment: Low power spotlights— ETC Source Four PAR EA with motion sensors—to project onto outer curtain wall panel Person Body casts shadow projected onto outer glass curtain wall Wireless Electrical Power Materials: Tempered glass panel attached to elevator cab window frame with subsurface icons— approximately 80”-90”W x 54”H Movement into elevator cabs will trigger motion detector to prompt spotlight-projection Ground Floor Elevator Cabs Ground Floor Upper Floors Observation Area When a user enters any elevator lobby, their motion is detected, which triggers Spotlight B to project light upon the Pattern-Icons (Panels). To make this result apparent immedi- ately to the viewer, we are proposing another location for Spotlight B, mounted alongside a concrete beam overhead, out of reach—directed toward the Pattern-Icons now located on the South façade. There are a number of possibilities to tap into electrical power in the immedi- ate vicinity. We will work with City staff to detail electrical access. PLAN—TYPICAL FLOOR—06 Washington National TIF #4—Sherman Plaza Self-Park—City of Evanston 03-22-12—Copyright 2011—Krivanek+Breaux/ Art+Design, LLC—Chicago/ Lafayette—bjkrivanek@aol.com—773-398-7814 Not-to-Scale 185 of 508 ELEVATIONS—GROUND FLOOR—07 Washington National TIF #4—Sherman Plaza Self-Park—City of Evanston 03-22-12—Copyright 2011—Krivanek+Breaux/ Art+Design, LLC—Chicago/ Lafayette—bjkrivanek@aol.com—773-398-7814 Scale: 1/4” = 1’ - 0” Façade Inscriptions Silhouette+Shadow InscriptionsBack-lit by Spotlights Inscriptions CNC-cut from brushed, anodized aluminum plate, attached to window mullions from outside Opaque white inscriptions imprinted on transparent acrylite panels attached to mullions from inside. Shadows cast onto the ground by spotlights mounted on elevator cabs —WEST — Considering the translucent white frit pattern on the glass at the Ground Floor, we tested its effect on the trans- mission of light. We now envision a more complex effect. There are two categories of inscrip- tions we propose at the Ground Floor. Façade Inscriptions will be installed on the exterior of the window mullions—visible at all times. At nighttime—as the spotlights de- scend along with the elevator cabs, Silhouette+Shadow Inscriptions in- stalled on the interior of the window mullions will be revealed in silhouette on the glass façade. To a lesser extent, they will also be cast as shadows upon the sidewalk within a prismatic light pattern, due to the linear frit patterns on the glass. 186 of 508 INSCRIPTIONS+ICONOGRAPHY—08 Washington National TIF #4—Sherman Plaza Self-Park—City of Evanston 03-22-12—Copyright 2011—Krivanek+Breaux/ Art+Design, LLC—Chicago/ Lafayette—bjkrivanek@aol.com—773-398-7814 Not-to-Scale These taxonomies of inscriptions, icons, symbols and patterns are pre- liminary concepts for an iconography that would be deploying in this public art program. The icons and inscrip- tions are intended to be suggestive and open to juxtaposition and interpre- tation, definitely not specific declara- tions. We intend to further develop the iconography through consulation with stakeholders and the City of Evanston in a collaborative process. Symbols and language components that are utilzed to envision and express ideas A taxonomy of formulations that are the potential outcomes of work and ideation The outcomes and consequences of ideations upon individuals and society Patterns that suggest existing social, economic, technical systems that we work within Icons that suggest the potential outcomes that individuals can create within systems ENVISION FORMULATE IMPACTS EXISTING SYSTEMS INDIVIDUAL POTENTIAL INSCRIPTIONS+ICONS DEVELOPED THROUGH OUTREACH Silhouette+Shadow Inscriptions Façåde Inscriptions Text-Icons (Panels)Pattern-Icons (Panels) 187 of 508 BUDGET+TIMELINE—09 Washington National TIF #4—Sherman Plaza Self-Park—City of Evanston 03-22-12—Copyright 2011—Krivanek+Breaux/ Art+Design, LLC—Chicago/ Lafayette—bjkrivanek@aol.com—773-398-7814 Not-to-Scale This preliminary project budget allo- cates the available funds to fully de- velop and implement the proposed public art program. The timeline outlines a fast-track proj- ect development and implementation schedule—six weeks for design devel- opment and ten weeks for off-site fabri- cation and on-site installation. We will consult with designated City of Evanston staff and stakeholders to create specific project content and de- velop, detail, spec, and coordinate the fabrication and installation of the public art program on-site. The sched- ule will expand to accomodate any nec- essary staff or public reviews that will be required. Construction+Installation: Fabrication+Installation: Panels—Text-Icons (Elevator Cabs) Fabrication+Installation: Panels—Pattern-Icons (Observation Areas--Floors 2-12) Fabrication+Installation: Façade Inscriptions (Ground Floor--Exterior) Fabrication+Installation: Silhouette+Shadow Inscriptions (Ground Floor--Interior) Category Subtotal: Equipment+Installation: Theatrical Spotlights+Motion Detectors (Observation Areas--Floors 2-12) Theatrical Spotlights+Timers (Elevator Cabs) Installation of Spotlights and Electrical Access Category Subtotal: Personnel+Support Services: Artist Fee (Design+Content Development) Project Liability Insurance Project Administration+Outreach Programming Category Subtotal: Miscellaneous Costs: Travel Expenses (3 trips) Photo+Video Documentation Project Contingency (5%) Category Subtotal: Project Total: ...................................................................... ..................................... ......................................................... ....................................... .............................................................................................. ................................................... ............................................................................................... ............................................................................................ .............................................................................................. .................................................................................................. ............................................................................................................................ ........................................................................................... .............................................................................................. ............................................................................................................................ ........................................................................................................................ ............................................................................................................................ .............................................................................................. ......................................................................................................... TIMELINE BUDGET 0100Week:02 03 04 05 06 07 08 09 10 11 12 13 14 15 16 Public Art—Development and Implementation Design Development Construction Docs+Specs Spec Equipment On-Site InstallationOff-Site Fabrication On-Site Electrical +Equipment Preliminary Design Finalist Presentation Inscription+Icon Development Primary Reviews Inscription+Icon Concepts Bid, then Contract Project Schedule Installation Supervise Installation Address Punch List Consult with City of Evanston Cosult with City of Evanston 5,750 19,500 8,250 4,500 38,000 4,000 1,250 5,750 11,000 15,000 1,000 3,250 19,250 1,500 1,500 3,750 6,750 $75,000 188 of 508 PUBLIC ARTWORKS—00 Washington National TIF #4—Sherman Plaza Self-Park—City of Evanston 03-22-12—Copyright 2011—Krivanek+Breaux/ Art+Design, LLC—Chicago/ Lafayette—bjkrivanek@aol.com—773-398-7814 Not-to-Scale 9/11 Memorial—Recovering Equilibrium----2003 LAX Theme Building----Los Angeles International Airport Los Angeles Cultural Affairs Department/ Public Art Program Los Angeles World Airports ---- Human-Puzzle----2012 (completion) Research & Academic Center---University of Florida/ Lake Nona University of Florida/ Public Art Program ---- Vortex Plaza----2002 911 Communication Dispatch Center LAPD----Los Angeles Los Angeles Cultural Affairs Department/ Public Art Program ---- Reflections>Expressions----2009 Chicago Station/ CTA Brown Line----Chicago, Illinois CTA Arts-in-Transit Program Chicago Department of Cultural Affairs/ Public Art Program ---- Social Studies----2003 Social Sciences/ Mediated Classroom Building----ASU/ Tempe Arizona State University/ Public Art Program/ Tempe ---- Strands of History----1999 California State University Administration Building----Long Beach The State of California ---- Being & Becoming----2011 Starin Residence Hall----University of Wisconsin/ Whitewater The Wisconsin Arts Board ---- Preparation>Response>Action----2007 Playa Vista Fire Station 67----Los Angeles Los Angeles Cultural Affairs Department/ Public Art Program ---- Voice of the Homeless----1995 The Union Rescue Mission—Los Angeles The National Endowment for the Arts/ Design Arts Los Angeles Cultural Affairs Department/ Public Art Program ---- Sense of Government----1996 California Tower----Riverside, California The Riverside Arts Foundation ---- Urban Talismans----1993 Children of the Night----Los Angeles, California Los Angeles Cultural Affairs Department/ Public Art Program ---- Constellation of Cultures----2003/ 2012 Ocotillo Library—Phoenix, Arizona The Phoenix Office of Arts & Culture 01 02 03 04 05 06 07 08 09 10 11 12 01 02 03 04 05 06 07 08 09 10 11 12 500x Art in Public, (Berlin/ Stuttgart/ Zurich: Verlagshaus Braun, 2011). Selected Public Artworks: Recent Publication: 189 of 508 Page 1 of 2 For City Council meeting of June 25, 2012 Item A7 Resolution 50-R-12: Additional Motor Fuel Tax Funds for Street Resurfacing 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., Senior Engineer, Engineering Division Subject: Consideration of the proposed Resolution 50-R-12 by which the City Council would authorize the use of Motor Fuel Tax Funds for roadway resurfacing project Date: June 14, 2012 Recommended Action: The Evanston Department of Public Works recommends City Council approval of Resolution 50-R-12 authorizing the use of Motor Fuel Tax Funds (MFT) in the amount of $300,000 for the 2012 additional MFT Street Resurfacing Project. Funding Source: This project will be funded through the Motor Fuel Tax Fund (FUND# 200). Summary: The City’s Street Resurfacing Program is funded through the Motor Fuel Tax Funds (MFT) and through Capital Improvement (CIP) Funds. It is proposed that three additional streets be improved through the use of the City’s MFT Funds. The proposed contract work consists of curb replacement, grinding/milling street surface, base repair, adjustment of drainage/utility structures and street resurfacing, as well as any necessary incidental construction. The Engineering Division is designing these street projects in-house. The streets included in this MFT Program are listed below. 2012 MFT Street Resurfacing Program Section 12-00263-00-RS Lee Street Hinman Avenue to Judson Avenue Lyons Street Dodge Avenue to Dead End East Washington Street Asbury Avenue to Dodge Avenue Memorandum 190 of 508 Page 2 of 2 With Council approval of this resolution, the Engineering staff will bid the MFT Street Resurfacing Project and bring back the recommendation to award the construction contract in early August 2012. Legislative History: The City Council approved the 2012 Street Resurfacing and Water Main Replacement Program, which includes nine (9) MFT streets, at the October 24, 2011 City Council meeting. Attachments: Resolution 50-R-12 with MFT Streets Map 191 of 508 6/13/12 50-R-12 A RESOLUTION Authorizing the City Manager to Sign an Illinois Department of Transportation Resolution for Improvement by Municipality Under the Illinois Highway Code for Improvements to Various Evanston Streets WHEREAS, a goal of the Strategic Plan for the City of Evanston is to provide safe transportation infrastructure within City confines; and WHEREAS, in order to facilitate the free flow of traffic and insure safety to the motoring public, the City of Evanston and the Illinois Department of Transportation (“IDOT”), are desirous of entering into an Illinois Department of Transportation Resolution for Improvement by Municipality Under the Illinois Highway Code, a copy of which is attached hereto and incorporated herein as Exhibit A, for improvements to various streets (see Exhibit A) within the City of Evanston; and WHEREAS, said roadway improvements consist of curb replacement, base repair, drainage/utility structure adjustment, and resurfacing the pavement with necessary incidental construction; and WHEREAS, in compliance with the aforementioned Agreement, it is necessary for the City Manager to execute the Illinois Department of Transportation Resolution for Improvement by Municipality Under the Illinois Highway Code, appropriating the City’s Motor Fuel Tax funds in the amount of three hundred thousand and no/100 dollars ($300,000.00) to pay for said improvements; and WHEREAS, the City Council of the City of Evanston has determined that it is in the best interests of the City of Evanston to enter into said Agreement with IDOT, 192 of 508 50-R-12 ~2~ NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS: SECTION 1: That the City Manager is hereby authorized and directed to sign and the City Clerk authorized and directed to attest on behalf of the City the Illinois Department of Transportation Resolution for Improvement by Municipality Under the Illinois Highway Code between the City of Evanston and IDOT, attached hereto as Exhibit A and incorporated herein by reference. SECTION 2: That the City Manager is hereby authorized and directed to negotiate any additional conditions of the Agreement as may be determined to be in the best interests of the City. SECTION 3: That this Resolution 50-R-12 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: ________________, 2012 193 of 508 50-R-12 ~3~ EXHIBIT A Illinois Department of Transportation Resolution for Improvement by Municipality Under the Illinois Highway Code 194 of 508 Printed 6/14/2012 BLR 09111 (Rev. 11/06) Resolution for Improvement by Municipality Under the Illinois Highway Code BE IT RESOLVED, by the Council of the Council or President and Board of Trustees City of Evanston Illinois City, Town or Village that the following described street(s) be improved under the Illinois Highway Code: Name of Thoroughfare Route From To Various streets See attached list BE IT FURTHER RESOLVED, 1. That the proposed improvement shall consist of Curb replacement, base repair, drainage/utility Structure adjustment and resurfacing the pavement with necessary incidental construction ($300,000). and shall be constructed wide and be designated as Section 12-00266-00-RS 2. That there is hereby appropriated the (additional Yes No) sum of Three hundred thousand Dollars ( $300,000.00 ) for the improvement of said section from the municipality’s allotment of Motor Fuel Tax funds. 3. That work shall be done by Contract ; and, Specify Contract or Day Labor BE IT FURTHER RESOLVED, that the Clerk is hereby directed to transmit two certified copies of this resolution to the district office of the Department of Transportation. Approved I, Clerk in and for the of City, Town or Village County of , hereby certify the Date foregoing to be a true, perfect and complete copy of a resolution adopted by the Council or President and Board of Trustees Department of Transportation at a meeting on Date IN TESTIMONY WHEREOF, I have hereunto set my hand and seal this day of Regional Engineer (SEAL) City, Town, or Village Clerk 195 of 508 2012 ADDITIONAL MFT STREETS RESURFACING PROJECT PW-RS-1214 STREET FROM TO LEE STREET HINMAN AV JUDSON AV LYONS DODGE AV DEAD END EAST WASHINGTON AVENUE ASBURY AV RIDGE AV 196 of 508 HARRISON STMEADOW-LARK LNGLENVIEW RD THAYER ST ARBORLN KNOX CIRHIGHLAND AVELAWNDALE AVEPARK PL EWING AVECOLFAX ST BENNETT AVEBRADLEY PLFOSTER STST E W A R T A V E HARRISON STWALNUT AVEGREY AVEDODGE AVEDARROW AVEDEWEY AVEASHLAND AVEEMERSON ST LYONS ST MADISON STOAK AVEOAKCLARK STASBURY AVECASE ST FOSTER ST CLINTON PL LINDEN PL UNIVERSITY PL CLARK S T CLYDE AVEHINMAN AVE INGLESIDE PK GREELEYHILLSIDE LN NOYES CULVER ISABELLA ST PAYNE ST CALVIN CIR LAWNDALE AVETHAYER ST PARK PL PITNER AVELAKE STLEMAR AVEDEMPSTER STHARTREY AVEPR A I R I E A V E BROWNLIVINGSTON ST THELIN CTASHLAND AVEJACKSON AVEWESLEY AVECRAINASBURY AVESHERMAN AVECHICAGO AVE GARRETT PL MILBURN PK DEMPSTER STGROSS POINT RDPAYNE DARTMOUTH PL PROSPECT AVECOWPER AVECENTRAL ST LINCOLNWOOD DRELGI N R D WOODLAND RD PITNER AVENATHANIEL PL CHURCH ST NOYES ST RICHMOND AVEWARREN STGREY AVEGREYHOVLAND CTBROWN AVEG R E E N B A Y R D DARROW AVESOUTH BLVDDARROW AVELYONS STWOODBINE AVEJENKS ST WASHINGTON STASHLAND AVECROFT LNWESLEY AVEROSALIE ST BARTON AVELEE STRIDGE AVEOAK AVEMAPLE AVELINCOLN ST CASE PL LAKE ST CHURCH S TORRINGTON AVEINGLESIDE PL FOREST AVETECH DR SHERIDAN RD HILLSIDE RD SIMPSON STHASTINGS AVEOTTO LN RIDGEWAY AVEMARCY AVEFORESTVIEW RDREESE AVEBENNETT AVEHOWARD STHARTREY AVECLEVELAND STFOWLER AVECRAIN STPITNER AVEBROWN AVEWASHINGTON STHARTREY AVEBROWN AVEGREY AVEFLORENCE AVEASBURY AVEMONROE STST. MARK'S CTRIDGE AVEELMWOOD AVESHERMAN AVESHERMAN AVEHAMLIN ST GAFFIELD PL SHERMAN PL GREENWOOD STHINMAN AVESHERMAN AVEHAVEN ST EUCLIDPARK PL JUDSON AVE SOUTH BLVD LEE STJUDSON AVEMICHIGAN AVESHERIDAN SQLAKE SHORE BLVDSH E R IDAN RD THAYERST T H A Y E R C T CRAWFORD AVECOLFAX PL TRINITY CT HARTZELL ST NORMANDY PL HURD AVEMcDANIEL AVEWADE CTMARTHA LNHARTZELL ST PITNER ALYGREENWOOD STMcCORMICK BLVDGREY AVEKEENEY ST GREENLEAF ST BRI D G E ST PAYNE ST ISABELLA ST FLORENCE AVECLEVELAND STDEWEY AVECOLFAX TER CENTRAL ST CHANCELLOR WASHINGTON STRIDGE AVEGARNETT PL LEONARD PL BRUMMEL ST MULFORD STMAPLE AVEELG I N R D COLFAX STRIDGE AVERID GE TER DAVIS S T LIBRARY PL DARTMOUTH PL CHICAGO AVE KEDZIE ST MAIN ST FOREST AVEARTSCIRCLE DR ARNOLD PLSHERIDAN RDPRINCETON AVEMARCY AVEISABELLA ST LINCOLN ST THAYER ST HAWTHORNE LN LINCOLN ST COLFAX STLIVINGSTON DODGE AVEGROVE ST HARRISONBROADWAY AVECHANCELLOR ST FOSTER STJACKSON LIVINGSTON DOBSON ST HARVARD TER SOUTH BLVDRIDGE CTRIDGE AVESIMPSON STBRYANT AVEOAKTON ST EMERSON ST MONTICELLO PL HINMAN AVEKEENEY ST GREENLEAF ST MICHIGAN AVEBURNHAM PLPRINCETONWELLINGTON CTCRAW FORD LINCOLNWOOD DRBRUMMEL PLMcCORMICK BLVDMcDANIEL AVEMcDANIEL AVESIMPSON ST OAKTON ST MADISON PLLAUREL AVEPIONEER RDPAYNE STELM AVESEWARD STBROWN AVELEE ST GREY AVEGREY AVEDOBSON STDODGE AVESEWARD STDEWEY AVEWESLEY AVEWESLEY AVEELINOR PL DAVIS STWESLEY E A S T R A I L R O A D A V E LEON PL NOYES ST GRANTGIRARD AVESEWARD STELMWOOD AVEREBA PL NOYES CTGARRISON AVESHERIDAN RD CALLAN AVEGROVE S T CALLANJUDSON AVELAKESIDE CT HAMILTON ST HAYES CLIFFORD STBERNARD PLTHAYER PARK PL CENTRAL PARK AVEGRANT STEWING AVEMcDANIEL AVECENTRAL ST HARTREY AVEFOWLER AVELELAND AVELYONS ST BRUMMEL STDEWEY AVEKEENEY STDODGE AVEMAIN STDARROW AVEGRANT ST P R A I R I E A V E P O P L A R A V E G R E E N B A Y R D MULFORD STASHLAND AVEKIRK ST WILDER STEASTWOOD AVEASHLAND AVEASBURY AVEWESLEY AVEASBURY AVEHAMPTON PKYHULL TER AUSTIN STPRATT CTRIDGE AVEBENSON AVECENTRAL ST SHERIDAN PL R O S LY N P L HOWARD STCUSTER AVEMILBURN ST SHERIDAN RDFOREST PLCAMPUS DREDGEMERE CTNORT H S H O R E C H A N N E L NORTH SHORE CHANNELL A K E M I C H I G A N1200 1800 29002300200019001600400100 200 800 900 1000 1700 2100 2700 2800 500 2100 2700 340030002200160015001000500300300 1100 1200 1300 1800 1900 2300 2900 900 28002500270025007006005002400 1400 1500 1900 2200 2300 2600 350026002400180017001500120011001000800600 2500 2600 300 400 600 800 700 2800 3600230020002200130012001100700200400 1600 200 1000 380033001700900900200500 2000 1300 1600 2500 2400 370026002400210019001400100300100700 1400 1500 2200 100 1100 1700 2000 3200310021001800130014008006004002012 additional MFT sts.mxd 12/10/2010 0 0.5 10.25 Mile ´ This map is provided "as is" without warranties of any kind. See www.cityofevanston.org/mapdisclaimers.html for more information. 2012 ADDITIONAL MFT STREET RESURFACING PROJECT PW-RS-1214 City of Evanston Department of Public Works Additional MFT Street Resurfacing Legend: Street Railroad City Boundary 197 of 508 For Administration and Public Works meeting of June 25, 2012 Item A8 Resolution 51-R-12: Letter of Understanding for City Lit Lease of 727-729 Howard For Action To: Honorable Mayor and Members of the City Council Administration and Public Works Committee From: Steve Griffin, Director of Community & Economic Development Nancy Radzevich, Economic Development Manager Johanna Nyden, Economic Development Coordinator Subject: Authorization for the City Manager to Negotiate and Execute a Second Letter of Understanding between the City of Evanston and the City Lit Theater Date: June 18, 2012 Recommended Action: Staff recommends that the City Council adopt Resolution 51-R-12, authorizing the City Manager to negotiate and execute a second Letter of Understanding between the City of Evanston and City Lit Theater for the consideration of a lease-to-own agreement at City-owned property at 727-729 Howard Street. This second Letter of Understanding includes the same terms and conditions of original, but simply extends the time allowed for the City to negotiate exclusively with City Lit Theatre. Funding Source: At this time, a project budget has not been developed for the theater project on Howard Street. This project is located in the Howard/Ridge Tax Increment Financing (TIF) District and will be able to access funds that were authorized through the Reimbursement Resolution approved by City Council at their December 12, 2012 meeting. The 2012 Budget and Capital Improvements Plan (C.I.P.) included the issuance of approximately $13,828,000 in G.O. bonds which included $900,000 for projects located in the Howard/Ridge TIF district. The Reimbursement Resolution allows the City to pay necessary C.I.P. costs and reimburse itself from the G.O. bond proceeds. Background: In February 2011, the City purchased two properties on Howard Street within the Howard/Ridge Tax Increment Financing District for the purposes of redevelopment and revitalization of this commercial district. Of these two properties, one (727-729 Howard Street) was identified as a potential location for a small performing arts venue. Over the course of 2011, Economic Development Staff and Alderman Ann Rainey worked with Memorandum 198 of 508 several theater companies and volunteer architects and engineers to explore the feasibility of transforming 727-729 Howard Street into a performing arts venue. In late 2011, City Lit Theater, a theater company dedicated to the performance of literary works, indicated that they sought to move from their current location in Chicago’s Edgewater neighborhood to Howard Street in Evanston. To this end, the City and City Lite Theater executed a letter of understanding in January 2012 to work in concert to develop a plan of action for City Lit to relocate to Evanston. City Lit Theater proposes to relocate to 727-729 Howard Street and seeks to work with the City on terms and conditions of a lease-to-own agreement. At the Evanston location, they propose to offer a variety of programming not limited to theater but that will also include films, cabaret performances, and other itinerate theater productions. In coming to this location, City Lit Theater seeks participation by the City of Evanston in a number of ways, chiefly being the rehabilitation of the space to include higher ceiling heights to accommodate lighting grids and other theater equipment. While City Lit expects to be able to raise a portion of these funds through a capital campaign, they also anticipate requesting additional build-out support from the City in the form of electrical work, bathroom installation, and a working HVAC system. Summary: Since executing the first Letter of Understanding in January, the City and City Lit Theater have worked to create a plan for utilization of the space at 727-729 Howard Street that will function as an expansion for City Lit and will accomplish the City’s goals for live performance theatre on Howard Street. This work was necessary to move forward on terms and conditions of proposed “lease-to-own agreement,” and has included: • Coordination and development of plans by City-retained architect, Michael Vasilko, for the proposed theater. The plans were developed to better identify the rehab work that will need to be done to increase the ceiling height of the existing building to permit the operation of a theater as well as an “alternate” option that includes increasing building height to a full two stories to allow additional space for related programming on a second floor. • City Lit has worked with Mr. Vasilko to ensure that the theater meets certain requirements. In particular, City Lit seeks to join the Actor’s Equity Association (“Equity”). The Equity is a member of the AFL-CIO and is also affiliated with FIA, an international organization of performing arts unions. Participation as an Equity theater offers City Lit the ability to attract better actors and stage works. Equity negotiates wages and working conditions and provides benefits to actors which include health and pension plans for its members. • City Lit has also worked toward the development of a capital campaign. This has included working with experienced professionals that have recent successes in raising funds for the Victory Gardens Theater and Black Ensemble Theater. City Lit expects to engage in a feasibility study this to determine the total amount that could be raised from current donors to assist in the build-out of a new home at 727-729 Howard Street. 199 of 508 Next Steps: The next step would be to develop a budget for this project and determine which parties would be responsible for which expenses related to the build-out. At this time no work has been undertaken to specifically identify the costs associated with City Lit’s occupancy at this property. Some work has been completed to understand the total cost to increase the ceiling height. Initial estimates project that this cost will be approximately $600,000; however no cost estimates have been gathered for associated renovation work such as: the upgrades to electrical, installation of modern bathrooms, HVAC improvements, etc.. The documents created by Mr. Vasilko will be used to develop a request for bids from construction companies that are capable of undertaking a construction project as the one contemplated for City Lit Theater. The second Letter of Understanding between the City and City Lit Theater will permit staff to continue to work with City Lit exclusively to relocate their theater to Howard Street. If the second Letter of Understanding is executed, staff will work with City Lit Theater to continue to determination of costs associated with the rehabilitation of this space to a theatre use and negotiate terms and conditions for a lease-to-own agreement. Attachments: Resolution 51-R-12 Draft Second Letter of Understanding between City Lit and the City of Evanston Update Letter from City Lit (June 2012) Plans for City Lit Theatre (June 2012) Original Proposal from City Lit (October 2011 200 of 508 6-18-12 51-R-12 A RESOLUTION Authorizing the City Manager to Execute a Letter of Understanding for the Lease of 727-729 Howard Street, Evanston, Illinois WHEREAS, the City of Evanston owns certain commercial real property commonly known as 727-729 Howard Street, Evanston, Illinois 60202 (the “Subject Property”); WHEREAS, the Subject Property is improved with a commercial building to which City Lit Theatre Company, an Illinois not-for-profit corporation (“City Lit”), seeks to lease the Subject Property, with an option to purchase, and use the space as a venue for literature performance theatre productions; WHEREAS, the City Council adopted Resolution 2-R-12 on January 23, 2012 authorizing the City Manager to execute a letter of understanding with City Lit, which has subsequently expired; WHEREAS, the City Council of the City of Evanston has determined that the best interests of the City of Evanston would be served by executing another letter of understanding with the prospective tenant for the Subject Property and renewing its support for the project. Any such undertaking to execute a definitive agreement is subject to further City Council review and approval; NOW BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS: 201 of 508 51-R-12 ~ 2 ~ SECTION 1: The City Manager is hereby authorized and directed to execute the attached letter of understanding and to negotiate all necessary terms for a lease agreement with an option to purchase the Subject Property, as he may determine to be in the best interests of the City, and that may be in a form acceptable to the Corporation Counsel. SECTION 2: That this Resolution 51-R-12 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: ________________, 2012 202 of 508 51-R-12 ~ 3 ~ EXHIBIT A LETTER OF UNDERSTANDING 203 of 508 June 18, 2012 City Lit Theatre Attn: Terry McCabe and Brian Pastor 1020 West Bryn Mawr Chicago, IL 60660 RE: Amended Letter of Understanding – 727-729 Howard Street, Evanston, Illinois Dear Mr. McCabe and Mr. Pastor: We are pleased to submit this amended Letter of Understanding (the “Letter”), which sets forth certain nonbinding understandings and certain binding agreements between The City of Evanston, an Illinois municipal corporation (“Evanston”) and the City Lit Theatre Company, an Illinois not-for-profit corporation (“City Lit”). Evanston and City Lit shall be collectively referred to as the “Parties”. The Parties seek to enter into this Letter with respect to a commercial lease and grant agreement (the “Project”) for the commercial property commonly known as 727-729 Howard, Evanston, Illinois (the “Property”). The Parties executed a Letter of Understanding on or about January 27, 2012 regarding the Project, which has expired and the Parties wish to renew the understanding. PART ONE –BINDING PROVISIONS Upon execution by City Lit of this Letter or counterparts thereof, the following numbered paragraphs of this Letter (collectively, the “Binding Provisions”) will constitute the legally binding and enforceable agreement by and between City Lit and Evanston, but still subject to final approval by the City Council. 1. Execution of Definitive Agreement. City Lit and Evanston will negotiate in good faith to enter into a definitive agreement (the “Definitive Agreement”) setting forth in more detail the terms and conditions governing the details of the Project, consistent with the nonbinding and binding provisions of this Letter. If Evanston and City Lit are unable to negotiate and prepare a mutually acceptable Definitive Agreement by November 1, 2012, either Evanston or City Lit may terminate this Letter by giving written notice to the other party (the “Letter Term”). In the event of such notice, none of Evanston, City Lit or their respective directors, officers, attorneys, employees, shareholders, representatives or advisors will have any Law Department 2100 Ridge Avenue Evanston, IL 60201 T: 847.866.2937 F: 847.448.8093 204 of 508 June 18, 2012 Page 2 2 further obligations or liability under this Letter. Evanston staff and the City Council will be further evaluating the Project and its feasibility following the execution of this Letter. 2. Representations, Warranties, Conditions and Covenants. The Definitive Agreement will contain such representations, warranties, conditions and other terms and conditions as are customary or appropriate for a transaction of this kind. 3. No Material Change. Evanston’s obligation to engage in a relocation assistance program for City Lit from its current facility to the Property will be conditioned upon Evanston’s determination that there has been no material change from the basic terms set forth in this Letter, City Lit’s financial condition and ability to finance the Project, or other factors for the feasibility of the Project. PART TWO – NON-BINDING PROVISIONS The following numbered paragraphs of this Letter (collectively, the “Non-binding Provisions”) reflect the Parties mutual understanding of the matters described in them, but each party acknowledges that the Nonbinding Provisions are not intended to create or constitute any legally binding obligation between Evanston and City Lit shall not have any liability to any other party with respect to the Nonbinding Provisions until a definitive agreement (defined below) is prepared, authorized, executed and delivered by and between the Parties. 1. Permitted Use. City Lit will be relocating its operations and theater company to the City of Evanston. City Lit shall perform stage adaptations of literary material at the Property. The Parties also anticipate that the Property will also be used for the viewing of classic films, cabaret performances, and rehearsal space. 2. Lease with Option to Purchase. The Parties anticipate that the Definitive Agreement will be structured as a three-year commercial lease agreement with an option to purchase the Property. The monthly rent will be $1,800.00. The rental payments will be deposited into an account with Evanston, to be used as a future security deposit if City Lit exercises its option to purchase the Property. In the event that City Lit does not exercise its option, the rental payments will be kept by Evanston and Evanston will be freely able to market the Property. City Lit will be responsible for the payment of all utilities and real estate property taxes for the Property. The purchase price for the Property is $325,000.00, subject to City Council approval and City Lit purchasing the Property. 3. Improvements. The Parties anticipate major renovations to the Property and the cost of the improvements to be split is anticipated as follows: a) Evanston paid improvements: raising the roof of the structure a half-story up to $600,000.00 (“Property Improvement Funds”) and any costs above $600,000.00 shall be paid by City Lit. 205 of 508 June 18, 2012 Page 3 3 b) City Lit paid improvements: (i) installation of a stage, audience risers and seats, dimmers and other lighting equipment; (ii) lay floor treatments; (iii) installation of two sound systems for the performance space and the lobby; (iv) paint the premises; and (v) installation of outdoor signage. c) Further improvements will be determined based on the site plan for the Property and the parties will work cooperatively to determine the party to bear the responsibility and costs for said construction. d) Evanston shall record a restrictive covenant against the Property regarding the Property Improvement Funds. The restrictive covenant shall state: (1) if City Lit sells the Property; or (2) discontinues the Permitted Use within 10 years of purchase; the Evanston paid Property Improvement Funds shall be paid back to the City in a lump sum within 6 months of the sale or discontinuance of the Permitted Use. The amount of the refund would be based on a decelerating scale and “burned off” as the 10th year of the restrictive covenant approaches. e) City Lit must have the Project fully bid out and an executed contract with a general contractor by no later than November 1, 2012. f) City Lit shall have a detailed funding plan, addressing all sources of funding, in place for the Project by no later than November 1, 2012. 4. Expenses and Fees. Upon signing this Letter, each party agrees to pay its own expenses incident to the due diligence process, negotiations, and preparation of the Definitive Agreement. In the event, however, City Lit decides not to purchase the Property from Evanston, for any reason, the terms of this Letter are null and void. In the event City Lit and Evanston, after exhausting good faith efforts to enter into a Definitive Agreement and fail to do so, each party to bear its own expenses. 5. Brokerage Fees. The Parties acknowledge and agree that there will be no brokerage commission and that the transaction is an arm’s length transaction. 6. Multiple Counterparts. For the convenience of the Parties hereto, this Letter may be executed in multiple counterparts, each of which will be deemed an original, and all counterparts hereof so executed by the parties hereto, whether or not such counterpart will bear the execution of each of the parties hereto, will be deemed to be, and will be construed as, one and the same. A telecopy or facsimile transmission of a signed counterpart of this Letter shall be sufficient to bind the party or parties whose signature(s) appear thereon. 7. Effective Date, Terms. This Letter will be effective only if (i) it is executed by City Lit and (ii) a fully executed copy of this Letter is returned to Evanston on or before 5:00 p.m. CST on July 2, 2012. The Binding Provisions of this Letter shall 206 of 508 June 18, 2012 Page 4 4 remain in full force and effect thereafter until the earlier of (i) the execution and delivery of the Definitive Agreement or (ii) the termination of this Letter. IN WITNESS WHEREOF, the Parties have caused this Letter of Understanding to be executed this ___ day of _______, 2012. CITY LIT THEATRE COMPANY CITY OF EVANSTON, An Illinois not-for-profit corporation an Illinois municipal corporation By: By:__________________________ Print Name:_____________________ Wally Bobkiewicz Its: Its: City Manager 207 of 508 Terry McCabe, Artistic Director Brian Pastor, Managing Director 1020 West Bryn Mawr Avenue Chicago, Illinois 60660 www.citylit.org info@citylit.org 773/293-3682 2012-2013 Frankenstein By Bo List Adapted from Mary Shelley Directed by Terry McCabe September 28-November 4 The Cricket on the Hearth By Charles Dickens Adapted by Edward Kuffert December 21-January 6 Peyton Place By Grace Metalious Adapted and directed by Paul Edwards February 24-April 1 Comrades Mine: Emma Edmonds of the Union Army By Maureen Gallagher Directed by Anna Bahow April 12-May 19 Civil War Sesquicentennial Project Blog: citylitcivilwar.blogspot.com Johanna Nyden City of Evanston 2100 Ridge Avenue Evanston IL 60201 June 19, 2012 Dear Johanna, City Lit Theater Company is pleased to continue the negotiations with the City of Evanston to determine if a mutually acceptable public/private partnership can be achieved which would result in City Lit becoming part of the City's Howard Street economic development plan. As you know, the negotiations so far have been very productive but the standard 90-day time limit for the initial period of negotiation has now expired. It is our hope that the Evanston City Council will vote to authorize a second negotiating period that will take us through this fall. City Lit would like to take this opportunity to provide an overview of the current status of our discussions and due diligence; and set forth some of the issues we see, and potential scenarios to allow both of us to move forward. The costs for the theatre build-out can only be determined by getting hard numbers on what individual items of the renovation will cost. We understand that the architect, Mike Vasilko, is in the process of bidding various aspects of the project out to contractors in order to generate reliable estimates. The question of whether a second story can be added to the project also needs to be resolved. As we said in our proposal, if the space has only one story, "it is difficult to see how City Lit fits even its current operations into the building." Specifically, the one-story version would have little room for storage, and no room for an office or a rehearsal space. City Lit currently occupies 5000 square feet (and could use more); the Howard Street space, as a one- story building, would have only 4000 square feet. We can’t do without storage, office, and rehearsal space; nor can we buy a building from the City and simultaneously rent those spaces elsewhere indefinitely. 208 of 508 It is not known precisely what a second story would cost. On the assumption that the early estimate of $250,000 that was mentioned by the City will turn out to be in the ballpark, City Lit has proposed a modification of the rent-to-buy procedure along the following lines: The City could pay for adding the second floor, to be repaid by City Lit as part of an increased purchase price. The $250,000 could be added to the building's original purchase price of $325,000, for a total purchase price of $575,000. The rent-to-buy agreement, originally proposed as $1800 per month for three years, would be the same monthly payment for six years instead. At the end of this period, these payments would total $129,600, which is 22.5% of the increased purchase price of the now two-story building. Assuming City Lit is able to secure a mortgage at that point, we would do so and finance the rest of the purchase of the building from the City that way. Obviously there is much to be discussed about every aspect of the second story question. Finally, the realities of organizing and conducting a capital campaign necessitate at least another 90 days before City Lit can sign anything binding. City Lit’s board will not allow the theatre to take on large financial obligations without a clear sense of what we can realistically raise in a capital campaign in order to meet those obligations. In the time since signing the first letter of understanding, we have initiated a feasibility study for our capital campaign. A successful capital campaign is preceded by a feasibility study: a third party is brought in to conduct an independent survey of our audience and other supporters to gauge the strength of our support and estimate therefrom a feasible financial goal for the campaign. From the beginning of the study to the submission of the final report can easily be a couple months. We have commissioned the study already, and our consultant is scheduled to begin work within the next two weeks, so we anticipate having the report no sooner than late August. The recruitment of the capital campaign committee follows—it certainly includes the theatre’s board, but can’t be limited to them. The campaign needs a broad representation of the theatre’s supporters, including individuals with the capacity to make significant financial contributions of their own as well as the ability to solicit on the campaign’s behalf. Even after the feasibility study has identified candidates to approach for committee membership, the full committee will not be assembled overnight. Once the committee is gathered and the campaign begins, our advisers tell us that the first half of the money needs to be raised in large donations behind the scenes before the campaign is even announced publicly. This creates a bandwagon effect once you do announce and makes the second half of the campaign, consisting of smaller donations form a larger number of people, easier to accomplish. We have been consulting with leaders in Victory Gardens Theater’s recent $13 million capital campaign and Black Ensemble Theatre’s still-concluding $19 million capital campaign. Our goal will of course be a miniscule fraction of either of those campaigns, but our capacity is also much smaller than either of those organizations, so the issues are the same. What we have been told by all with whom we have spoken is that there is a right way to do a capital campaign and there are no shortcuts. Our advisers from the larger campaigns have also been helpful in educating us as to what expenses should be included in the capital campaign. As you may recall, the preliminary list that was part of our proposal included merely some build-out items and a few equipment purchases; our cost estimate came to around $65,000. We intend to follow successful examples of expansion. We have learned from our 209 of 508 advisers that one needs to allow for the increased operating expenses that come with a new home. The new stage is bigger, so it needs bigger sets, so more money has to be spent on lumber; the new space has more seats, so more money has to be spent on marketing; and so on. We are told that Victory Gardens’ operating expenses are now 50% higher than they were in their old home, Black Ensemble’s 300% higher. They have both planned for it, so they’ll be fine. The plan they recommend to us is to estimate three years worth of the anticipated increase in operating expenses, plus the beginning of an endowment, and make those amounts part of the capital campaign. We have preliminary numbers for what we think will be a comprehensive estimate of these amounts. Added to the $65,000 we estimated earlier for the campaign’s goal, it looks like our new total will fall a little over $100,000. How might this compare with City Lit’s capacity to raise funds? This is where the feasibility study will come in, of course, but our gut feeling is that an amount in that range might well be near the top of our capacity. This is why it would not be possible for us to raise in advance the $250,000 necessary to put a second story on the building. It is also why we cannot add to our Howard Street operating expenses the costs of renting office, rehearsal and storage spaces, and it why we are unable to say, sure, we could take on some of the vanilla box costs. A realistic assessment of the amount of money City Lit can expect to be able to put into the front end of this project is probably in the very low six figure range. The proposed partnership in this development project is a great idea, beneficial to both City Lit and the City of Evanston. Each party contributes what the other party can’t provide, and together both are strengthened. The City needs a theatre company at the center of the development that can bring people to Howard Street, and can keep them coming back for years. City Lit can do this—has done it on Bryn Mawr Avenue and elsewhere for three decades. Small theatre companies are traditionally pioneers in neighborhood redevelopment, and then sometimes find themselves priced out of the neighborhoods they helped reclaim. Because of Alderman Rainey’s vision, the City is setting up a structure that will avoid that unfortunate irony. Just as City Lit can do what the City needs a theatre company to do, it is in the City’s hands to do what City Lit can’t do: provide the structure within which its work on Howard Street becomes possible. We look forward to moving ahead with the City on this exciting project. Best, Terry McCabe Artistic Director 210 of 508 727 / 729 Howard Street Building Redevelopment Vasilko Architects & Associates, Inc. 57 West Grand Avenue, Suite 400, Chicago, IL 60654 Voice: 312 -755 -9800, E mail: mvasilko@vasilko-architects.com Page1 June 15, 2012 Johanna L. Nyden , AICP Economic Development Coordinator Community & Economic Development Department City of Evanston 2100 Ridge Avenue Evanston, IL 60201 Re: 727 / 729 Howard Street Building Redevelopment Ms. Nyden, This letter contains a brief summary of the redevelopment of the 727 / 729 Howard Street building project . The consultant team has worked closely with the tenant, City Lit, to satisfy their needs and hopes for the fit up of the proposed theatre building. The letter is a supplement to the drawings issued on this date. The drawings are intended to be used to illustrate the scope of the project as it has evolved to date. The existing building (727 & 729 Howard) total s approximately 4,160 gross square feet. The foot print of the new proposed one story building renovation will enlarge the total area of the first floor and control booth mezzanine to 4,840 gross square feet. The two story addition will add approximately 2,600 square feet to the building development making the total building approximately 7,440 gross square feet. The approach to the bid documents will be to identify “Base B id” work that is required for the building to operate as a theatre, and separately to identify individual parts of the interior tenant fit up work as “Alternate Adds” to the Base Bid. City Lit identified a short list of features that will be a requirement of the Actors Equity Association, should City Lit join that organization. The tenant fit up costs for these interior modifications will be itemized by the bidding contractors. The City of Evanston will have the option to incorporate the costs into the lease agreement, to pay for these features by way of some other funding model, or the option to decline the add alternates entirely. The design team was also asked to prepare a supplement set of bidding documents to add a second level of useable space to the building. The drawings included in this package describe the two story option. Bidding contractors will be asked to submit a separate Add Alternate price for the work associated with building a second floor. City Lit is in need of rehearsal space and storage space that will not encumber their use of the performance and movie space on the first floor. A second level is an ideal solution for their needs, funds permitting. Base Bid (One Story Building) Improvements: The single most important physical change to the existing building recommended by the theatre experts is that the 729 building ceiling height be raised. The existing building roof slopes to the north for drainage. The existing ceiling is approximately 9’-7” at the south end of the space and follows the roof slope to the north lowering the ceiling height to approximately 9’. The proposed top of the exterior wall will be 8’ taller than the existing building wall height; 22 feet from grade to the top of the new wall cap. A clear height inside the theatre space will be approximately 17’ to the bottom of the pipe grid which supports theatrical lights. 211 of 508 727 / 729 Howard Street Building Redevelopment Vasilko Architects & Associates, Inc. 57 West Grand Avenue, Suite 400, Chicago, IL 60654 Voice: 312 -755 -9800, E mail: mvasilko@vasilko-architects.com Page2 A new roof struc tural system composed of steel joists will span between new beams and the loads transferred to new structural steel columns on the east side and a new masonry bearing wall on the west side . The new structural system for the higher roof also allows us to remove one interior column that is an impediment to unrestricted use of the theatrical floor area. A new building enclosure will be provided for the proposed taller theatre building. An exterior finish insulation system or a conventional stucco exterior wall system will be attached to heavy gage metal studs braced by the steel structure. A new mechanical system is proposed for the 729 building to accommodate the anticipated theatre occupancy of 12 0 people. The existing mechanical system will for the 727 building may also be replaced. New electrical service will supplement the existing service and accommodate the load from the proposed lighting requirements in the theatre. The theatre will operate mostly during the evening hours. The parking demand will be satisfied by available off site street parking, and parking lot lease agreements with other nearby retail businesses along Howard Street whose businesses do not operate during the same hours. A new pair of exit doors will provide excess fire exit capacity from this one story theatre building. In our effort to achieve the city budget goal it is necessary to prepare our bid documents in a way that separates tenant interior finishes and fit up from the construction of the raised roof and building enclosure (referred to as Base Bid). Alternate cost items for tenant interior finishes and build out modifications will be identified on the bid documents so that the city can choose from this list should it be desired (budget permitting) to incorporate other work into the successful contractor’s contract. The alternate add list will include the Actor’s shower and dressing rooms, electrical and plumbing services to the future bar area, and other details. The project specifically excludes the tiered theatre seating for 120 patrons, as City Lit plans to provide the seating. City Lit is also responsible for theatrical lighting, lighting control equipment, and the movie projector equipment. Alternate Two Story Building Scheme: The proposed second story is planned as raw space with few finishes. The second floor will add approximately 2,600 gross square feet to the building. The goal is to provide the rehearsal and storage space s needed for City Lit to operate completely from one location, 727/729 Howard Street, Evanston, IL. The cost of the second floor addition will be separate from the Base Bid. Thank you, Mike Vasilko Vasilko Architects & Associates, Inc. 212 of 508 213 of 508 214 of 508 215 of 508 216 of 508 217 of 508 218 of 508 219 of 508 220 of 508 221 of 508 222 of 508 223 of 508 224 of 508 225 of 508 226 of 508 227 of 508 228 of 508 229 of 508 230 of 508 SCHEME 1FIRST FLOOR / FOUNDATION PLANS-201Vasilko Architects & Associates, Inc.Schuler Shook Theatre PlannersCS Associates, Inc.Cooper Civil Engineering, LTD.WMA Consulting Engineers, Ltd.IN PROGRESS 06.15.2012NOT FOR CONSTRUCTION231 of 508 SCHEME 1ROOF FRAMING PLANS-202Vasilko Architects & Associates, Inc.Schuler Shook Theatre PlannersCS Associates, Inc.Cooper Civil Engineering, LTD.WMA Consulting Engineers, Ltd.IN PROGRESS 06.15.2012NOT FOR CONSTRUCTION232 of 508 SCHEME 2FIRST FLOOR / FOUNDATION PLANS-201Vasilko Architects & Associates, Inc.Schuler Shook Theatre PlannersCS Associates, Inc.Cooper Civil Engineering, LTD.WMA Consulting Engineers, Ltd.IN PROGRESS 06.15.2012NOT FOR CONSTRUCTION233 of 508 SCHEME 2SECOND FLOOR FRAMING PLANS-202Vasilko Architects & Associates, Inc.Schuler Shook Theatre PlannersCS Associates, Inc.Cooper Civil Engineering, LTD.WMA Consulting Engineers, Ltd.IN PROGRESS 06.15.2012NOT FOR CONSTRUCTION234 of 508 SCHEME 2ROOF FRAMING PLANS-203Vasilko Architects & Associates, Inc.Schuler Shook Theatre PlannersCS Associates, Inc.Cooper Civil Engineering, LTD.WMA Consulting Engineers, Ltd.IN PROGRESS 06.15.2012NOT FOR CONSTRUCTION235 of 508 Vasilko Architects & Associates, Inc.Schuler Shook Theatre PlannersCS Associates, Inc.Cooper Civil Engineering, LTD.WMA Consulting Engineers, Ltd.IN PROGRESS 06.15.2012NOT FOR CONSTRUCTIONSCHEME 1 & 2 DETAILSS-102236 of 508 Vasilko Architects & Associates, Inc.Schuler Shook Theatre PlannersCS Associates, Inc.Cooper Civil Engineering, LTD.WMA Consulting Engineers, Ltd.IN PROGRESS 06.15.2012NOT FOR CONSTRUCTIONSCHEME 1 & 2 DETAILSS-103237 of 508 Vasilko Architects & Associates, Inc.Schuler Shook Theatre PlannersCS Associates, Inc.Cooper Civil Engineering, LTD.WMA Consulting Engineers, Ltd.IN PROGRESS 06.15.2012NOT FOR CONSTRUCTIONSCHEME 2 DETAILSS-104238 of 508 Associates, Inc. Schuler Shook Theatre Planners CS Associates, Inc. Engineering, LTD. Marcel T. Eberle, Architect John Leineweber, Builder Stanley Von Medvey Vasilko Architects &Cooper Civil Engineers, Ltd. WMA Consulting FIRST FLOOR PLAN MECHANICAL M-100 239 of 508 Associates, Inc. Schuler Shook Theatre Planners CS Associates, Inc. Engineering, LTD. Marcel T. Eberle, Architect John Leineweber, Builder Stanley Von Medvey Vasilko Architects &Cooper Civil Engineers, Ltd. WMA Consulting ELECTRICAL SYMBOL LIST E-001 240 of 508 Associates, Inc. Schuler Shook Theatre Planners CS Associates, Inc. Engineering, LTD. Marcel T. Eberle, Architect John Leineweber, Builder Stanley Von Medvey Vasilko Architects &Cooper Civil Engineers, Ltd. WMA Consulting ELECTRICAL GENERAL AND BRANCH CIRCUIT WIRING NOTES E-002 241 of 508 Associates, Inc. Schuler Shook Theatre Planners CS Associates, Inc. Engineering, LTD. Marcel T. Eberle, Architect John Leineweber, Builder Stanley Von Medvey Vasilko Architects &Cooper Civil Engineers, Ltd. WMA Consulting ELECTRICAL RISER DIAGRAM, SCHEDULES, AND DETAILS E-003 242 of 508 Associates, Inc. Schuler Shook Theatre Planners CS Associates, Inc. Engineering, LTD. Marcel T. Eberle, Architect John Leineweber, Builder Stanley Von Medvey Vasilko Architects &Cooper Civil Engineers, Ltd. WMA Consulting FIRST FLOOR ELECTRICAL PLAN E-101 243 of 508 Associates, Inc. Schuler Shook Theatre Planners CS Associates, Inc. Engineering, LTD. Marcel T. Eberle, Architect John Leineweber, Builder Stanley Von Medvey Vasilko Architects &Cooper Civil Engineers, Ltd. WMA Consulting PLUMBING SYMBOLS, ABBREVIATIONS AND NOTES P-000 244 of 508 Associates, Inc. Schuler Shook Theatre Planners CS Associates, Inc. Engineering, LTD. Marcel T. Eberle, Architect John Leineweber, Builder Stanley Von Medvey Vasilko Architects &Cooper Civil Engineers, Ltd. WMA Consulting FIRST FLOOR PLUMBING PLAN P-101 245 of 508 246 of 508 247 of 508 248 of 508 249 of 508 250 of 508 251 of 508 252 of 508 253 of 508 254 of 508 255 of 508 256 of 508 257 of 508 258 of 508 259 of 508 For City Council meeting of June 25, 2012 Item A9 Resolution 52-R-12: Purchase of Real Property at 1801-05 Church Street For Action To: Honorable Mayor and Members of the City Council Administration and Public Works Committee From: Steve Griffin, Director Community and Economic Development Nancy Radzevich, Economic Development Division Manager Paul Zalmezak, Economic Development Coordinator Subject: Approval of Resolution 52-R-12 Authorizing the City Manager to Execute a Contract for the Purchase of Real Property Located at 1801-05 Church Street Date: June 18, 2012 Recommended Action: Staff recommends the approval of Resolution 52-R-12 authorizing the City Manager to execute a contract for the purchase of real property located at 1801-05 Church Street for an amount not to exceed $127,000 from E-Town Community Ventures LLC. Funding Source Staff recommends using $127,000 from the West Evanston TIF for this property acquisition. The approved FY 2012 budget includes $1.2 million for general economic development projects in the West Evanston TIF (5870.62605 “West Evanston TIF – Other Charges”). Background On June 11, 2012, the City Council approved Resolution 38-R-12 authorizing the City Manager to negotiate the acquisition of the real property at 1801-05 Church Street through condemnation or other means. Staff recommended adoption of that resolution to provide the City with as many options as possible to acquire the property, including eminent domain, out of a desire to limit the City's future liability related to environmental contamination. The 11,000 +/- sq. ft vacant site, formerly a gas and service station, is owned by Daniel Cheifetz through E Town Community Ventures, a subsidiary of Ariella Reinvestment Trust. This site has been vacant since the late 1990s and abuts the two city-owned properties at 1708-1710 Darrow, demolished in late fall of 2011. City acquisition of this property was first considered by staff when it was discovered that Phoenix Bond & Indemnity had purchase unpaid back taxes from 2007. As one of the critical “book end” parcels to the Church Street corridor, staff engaged the current Memorandum 260 of 508 Page 2 of 3 property owner in conversation to understand status of the property and his intent to pursue development. Based on his inability to pursue development options, staff began investigating the merits of acquisition. Acquisition of 1801 Church Street to encourage redevelopment will help catalyze additional market-driven economic development activity in the Church/Dodge area in the immediate to near term. This area has been particularly impacted by the economic downturn, with redevelopment slowed by limited interest from the private sector. Over the last several months, Staff has: 1) researched property ownership; 2) clarified any organizational connections between the development entity that owns this and related properties along the Church Street corridor; 3) investigated information on the overdue back taxes and tax buyer, any existing judgments, and related “title” research; 4) secured an appraisal, and 5) contracted environmental consulting services. Summary Due Diligence Because the prior use of the now vacant site was a former gas and service station, staff solicited bids for an updated Phase I and Phase II environmental site assessment. This was required before the City could consider making an offer on the site. The Phase I and II assessments were completed March 6, 2012. As a result of the Phase I/II assessment, the consultant completed further investigation and determined that four underground storage tanks (UST) exist on the site (see UST Location map attached). Staff met with the consultant to obtain a quote for remediating the site. The consultant provided two remediation options. The first option (proposal attached) costs $75,100 and includes removing the tanks with limited localized soil remediation, backfilling the voids created by the tank removal, all state required monitoring and reporting, and obtaining a final No Further Remediation (NFR) letter that allows surface capping (i.e. parking lot, on-grade concrete slab, clay base for parkland, or other engineered barrier). This level of remediation is the industry standard for similarly sited former gas station property. The consultant has provided a preliminary estimate of $13,110 to remediate the soil where foundation footings (3’ depth) would be poured for a future building without a basement. From an IEPA perspective, the above proposed remediation method would allow for uses that range from parking facility with “pocket park” to various types of commercial and residential development, as long as the foundation is concrete slab on grade. The alternative approach, necessary only to excavate a basement, would involve deep excavation, removal and replacement of soil. Given the significant cost, this level of remediation could only be financially feasibility (i.e. a developer could only justify the ROI/“Return-On-Investment”) if the site were to be redeveloped with a dense, multi- story large scale development. Given the current market condition and existing adjacent development patterns, it is highly unlikely this level of development would be accommodated on this site in foreseeable future. The most recent appraisal, completed February 24, 2012, values the property at $340,000 ($1,307,692/acre or $30/sq. ft.) subject to “discount” for the cost of any 261 of 508 Page 3 of 3 necessary remediation including storage tank removal. Mr. Cheifetz paid $95,000 for the property on March 26, 2002 according to the Cook County Recorder of Deeds and owes back taxes. Phoenix Bond & Indemnity purchased 2007 back taxes on the property totaling $7,567.06; with subsequent taxes, penalties and fees, however, Mr. Cheifetz would be required to pay $45,527.94 to clear this from the title. Based on a $127,000 purchase price the total acquisition cost including the incurred costs for appraisals, environmental studies, and the future remediation under Option 1 is $217,265. This is significantly less than the current appraised value of $340,000. Property Acquisition and Environmental Costs 1801 Church Street Costs Incurred to Date Appraisals (9/8/2011, 2/24/2012) $2,350 Phase I Environmental $1,500 Phase II Environmental $6,830 UST Investigation $4,485 Subtotal $15,165 Future Costs Maximum Offer Price $127,000 Remediation - UST Removal, Backfilling, and Monitoring $75,100 Subtotal $202,100 Total $217,265 Recommendation Staff recommends City Council authorize the City Manager to execute the acquisition of 1801 Church Street. Staff believes the timing is right, particularly given current property values, a weak real estate development market, and the property taxes for the property owner’s holdings on Church Street are held by a tax buyer. Although there has been some suggestion that parking is needed in this area, staff will work with the Ward 5 Alderman to develop a community process for planning and implementing its interim and longer term use. Acquisition of the property will likely lead to a greater overall redevelopment opportunity along this block, especially when assembled with the adjacent city-owned 1708-1710 Darrow properties. The assembled properties would total 16,800 sq ft in size (0.4 acres) for a stronger gateway development opportunity – perhaps synergizing with the Strange Lofts development to the east, and the redevelopment of 1817 Church Street and 1911-17 Church Street properties to the west. Attachments: Resolution 52-R-12 Map of 1801-1805 Church Street Environmental Project Cost Estimates 262 of 508 6/19/2012 52-R-12 A RESOLUTION Authorizing the City Manager to Execute a Real Estate Contract for the Purchase of Real Property Located at 1801-05 Church Street in Evanston, Illinois 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 sign the purchase agreement between the City and E-Town Community Ventures, LLC, attached hereto as Exhibit A and incorporated herein by reference. SECTION 2: The City Manager is hereby authorized and directed to negotiate any additional conditions of said agreement as he may be determine to be in the best interests of the City. SECTION 3: 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: __________________, 2012 263 of 508 52-R-12 ~ 2 ~ EXHIBIT A Purchase Agreement Between the City of Evanston and E-Town Community Ventures, LLC for the Real Estate Commonly Known as 1801-05 Church Street, Evanston, Illinois 264 of 508 AGREEMENT FOR PURCHASE AND SALE OF REAL ESTATE THIS AGREEMENT FOR PURCHASE AND SALE OF REAL ESTATE (this “Agreement”) is entered into as of the Effective Date per Section 10.17, which is ____________, 20 , by and between THE CITY OF EVANSTON, an Illinois municipal corporation (“Purchaser”), and E-TOWN COMMUNITY VENTURES, LLC (“Seller”), RECITALS: A. Seller legally or beneficially owns the land (the “Land”) which is legally described on Exhibit A. The Land consists of a vacant commercial property, formerly a gas station, located at 1801-05 Church Street, in the City of Evanston, County of Cook, State of Illinois. B. The Land, all improvements, fixtures, and tangible personal property located on the Land; all easements and appurtenances belonging to the Land; and all interest of the titleholder of the property in any streets or other rights of way adjacent to the Land, are collectively referred to as the “Property”. C. Purchaser desires to purchase from Seller and Seller desires to sell to Purchaser the Property on the terms and conditions set forth below. NOW THEREFORE, in consideration of the mutual covenants hereinafter set forth and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: ARTICLE 1 AGREEMENT TO PURCHASE AND SELL Purchaser agrees to purchase and Seller agrees to sell the Property to Purchaser or its nominee at the Purchase Price described below, subject to the terms and conditions set forth in this Agreement. In furtherance of such agreement, Seller agrees to convey or cause to be conveyed to Purchaser good and marketable fee simple title to the Property subject to the Permitted Exceptions (defined below). Such conveyance shall be by recordable special warranty deed and the other instruments specified in Section 8.4 below. ARTICLE 2 PURCHASE PRICE 2.1 Purchase Price. The purchase price for the Property to be paid by Purchaser to the Seller shall be ONE HUNDRED TWENTY-SEVEN THOUSAND and NO/100 Dollars ($127,000.00) (the “Purchase Price”). 2.2 Payment of the Purchase Price. The Purchase Price, less the Earnest Money, and plus or minus any adjustments, credits or pro-rations provided for herein, shall be paid at the Closing, by wire transfer of current funds. 265 of 508 2 2.3 Earnest Money. (a) Within ten (10) Business Days after the Effective Date, Purchaser shall pay into a strict joint order escrow with Seller at Chicago Title Insurance Company (the “Title Insurer”) the sum of twelve thousand, seven hundred and no/100 dollars ($12,700.00) as earnest money (together with any interest earned thereon, the “Earnest Money”). (b) The Earnest Money may be invested by the Title Insurer as Purchaser directs in United States Treasury Bills or a federally insured money market account. Seller and Purchaser shall share equally the cost of the joint order escrow, but Purchaser shall bear the cost of any investment fee charged by the Title Insurer as escrowee. If this Agreement is terminated because of a Seller default or failure of an Article 3 contingency or another condition to Purchaser’s obligation to close set forth in this Agreement, then the Earnest Money shall be refunded to Purchaser. The Earnest Money shall be applied to the Purchase Price at the Closing. 2.4 Closing Costs. Seller shall pay all closing costs, including: (a) the Title Commitment and Title Policy (including any extended coverage); (b) obtaining and recording any releases of any mortgages, liens or other encumbrances which are not Permitted Exceptions; (c) recording the deed; and (d) the cost of the Survey, up to and including one thousand dollars ($1,000.00). Each party shall pay its own legal fees. 2.5 Closing Pro-rations and Adjustments. All items of income or expense other than real estate taxes and assessments (“Taxes”) shall be pro-rated according to prevailing local custom. If the Property is currently tax exempt, there shall be no real estate tax pro-ration at Closing. Provided that the Property is not currently tax exempt, unpaid Taxes for the applicable tax year which are not yet due and payable on the Closing Date shall be pro-rated as follows. Any Taxes which are assessed only against the Property as a separate parcel shall be pro-rated to the Closing Date on the basis of 105% of the most recent ascertainable bill or assessment therefor. Such pro-ration shall be re-pro-rated upon receipt of the actual bill. ARTICLE 3 CONDITIONS PRECEDENT In addition to the terms and conditions set forth elsewhere in this Agreement, Purchaser’s obligation to purchase the Property shall be subject to the following conditions precedent: 3.1 Land Due Diligence Contingency; Review Period. (a) During the one hundred twenty (120) day period (the “Land Due Diligence Review Period”) following the Effective Date, Purchaser and its agents and contractors shall have the right to enter upon the Property and conduct such tests and investigations as may be necessary for Purchaser to determine whether there are any matters which in Purchaser’s judgment would make unfeasible Purchaser’s intended use of the Property (the “Intended Use”). Among the matters Purchaser may investigate are (i) soils and environmental matters; (ii) the state of title to the Property as evidenced by the Title Commitment; (iii) matters shown on the Preliminary Survey; (iv) the availability and sufficiency of utilities, including water, sanitary sewer, storm/retention facilities, telephone, gas and electricity; and (v) the existence of any laws, regulations or judicial matters affecting the Property. 266 of 508 3 (b) In the event the Purchaser, acting in its sole discretion, determines that the Purchaser’s Intended Use or purchase of the Property is unfeasible, then Purchaser may elect to terminate this Agreement by delivering written notice of termination to Seller at any time on or prior to the last day of the Land Due Diligence Review Period. If Purchaser fails to give Seller notice of termination by the end of the Land Due Diligence Review Period, then the Land Due Diligence Contingency will be deemed waived. (c) If Purchaser so elects to terminate this Agreement, the Earnest Money shall be refunded to Purchaser. In such event, Purchaser shall (i) return to Seller any materials Seller had delivered to Purchaser in connection with Purchaser’s review, and (ii) deliver to Seller (without cost to Seller) any and all title reports, surveys, soil tests, or environmental studies pertaining to the Property which Purchaser has obtained during the Land Due Diligence Review Period. Items (i) and (ii) are called the “Return Items”. (d) Purchaser shall repair any damage to the Property resulting from Purchaser’s activities on the Property under this Agreement. Purchaser shall indemnify, defend, and hold harmless Seller and Seller’s elected and appointed officials, employees and agents from and against any and all loss, damage, liability or expense (including reasonable attorneys fees) and claims and liens of mechanics or materialmen any of the indemnified parties may incur as a result of Purchaser’s access, other than any property damage or injury to any person, which damage or injury is caused by the negligence of Seller. The indemnity obligations of Purchaser under this Section 3.1 shall survive the Closing or a termination of this Agreement, notwithstanding anything contained to the contrary in this Agreement. Any investigation or inspection conducted by Purchaser pursuant to this Agreement, in order to verify satisfaction of any conditions precedent to Purchaser’s obligations under this Agreement or to determine whether Seller’s representations and warranties are true and accurate, shall not affect (or constitute a waiver by Purchaser of) any of the provisions of this Agreement or Purchaser’s reliance on such provisions. ARTICLE 4 TITLE INSURANCE AND SURVEYS 4.1 Title Commitment; Preliminary Survey. Within thirty (30) days after the Effective Date, Seller, at its expense, will obtain: (a) a survey of the Property (“Survey”) by a licensed surveyor approved by Purchaser acting reasonably (the “Surveyor”). (b) a commitment for the Property (together with all subsequent versions thereof issued prior to the Closing, the “Title Commitment”) for a title policy in the form of an ALTA 2006 Form owner’s title insurance policy issued by the Title Insurer; and (c) copies of all documents evidencing the exceptions raised on the title commitment other than mortgage debt to be paid off at the Closing. If this transaction Closes, then at Closing Seller shall reimburse Purchaser for the respective costs of the Survey and Title Commitment. 267 of 508 4 4.2 Permitted Exceptions. Prior to the end of the Land Due Diligence Review Period, Purchaser shall provide Seller with a list of those title exceptions (including matters of survey) which are satisfactory to Purchaser, acting reasonably. Such list shall be attached to this Agreement as Exhibit B and shall constitute the “Permitted Exceptions” under this Agreement unless and except to the extent that the list is modified pursuant to Section 4.4 hereof. Prior to the end of the Land Due Diligence Review Period, Purchaser acting reasonably may also specify any additional endorsements it shall require on each Title Policy. The provision of such endorsements shall be a condition to Closing, but the expense of such endorsements shall be borne by Purchaser. 4.3 Title Policy. At the Closing, Seller shall deliver to Purchaser an Owner’s Title Insurance Policy in the form of the 2006 ALTA Form Owner’s Policy from the Title Insurer, or in lieu thereof a marked-up title commitment from the Title Insurer (either being referred to herein as the “Title Policy”) which shall: (i) be dated the Closing Date; (ii) name Purchaser or its permitted assignee as the insured; (iii) have a liability amount equal to the Purchase Price; (iv) show Purchaser or its permitted assignee as the owner of the Property in fee simple subject to no exceptions other than the Permitted Exceptions; (v) include extended coverage over the standard printed exceptions; and (vi) include any other endorsements specified by Purchaser pursuant to Section 4.2. 4.4 Objection and Cure Period. If any Title Commitment or Preliminary Survey or any updates of any of them contain any matters not constituting Permitted Exceptions or liens which are of a definite and ascertainable amount which can be removed at Closing by payment of money (“Removable Liens”), then the Seller may, at its election, within thirty (30) days after Seller’s receipt from Purchaser of the Permitted Exceptions or a subsequent version of the Title Commitment or Survey, as the case may be: (a) cause the non-permitted matters to be deleted from the Title Commitment; (b) subject to Purchaser’s approval of such arrangement (acting reasonably), cause the Title Insurer expressly to insure over such non-permitted matters; or (c) object in writing to Purchaser to the exclusion of any one or more of such matters as a Permitted Exception. If Seller fails or elects not to cause all of the non-permitted matters to be deleted or insured over within the aforementioned thirty (30) day period, Purchaser may by written notice to Seller within five (5) days after the expiration of Seller’s 30-day objection and cure period elect to: (x) terminate this Agreement, in which case all of the Earnest Money shall be returned to Purchaser, or (y) agree to take title subject to the matters at issue, in which case the Permitted Exceptions shall be expanded to include the additional matters not deleted or insured over, but with a deduction from and offset against the Purchase Price for all Removable Liens. If the updated Title Commitment or Survey containing the non-permitted matter is issued within thirty (30) days prior to the Closing, the Closing Date shall be extended as necessary to give the Seller the benefit of the full 30-day objection and cure period and to give Purchaser the benefit of the full five-day election period referred to above. 268 of 508 5 ARTICLE 5 COVENANTS 5.1 Seller’s Covenants. Seller with respect to the Property hereby makes the following covenants to Purchaser which shall be applicable so long as this Agreement is in effect: (a) Seller shall not from and after the date of this Agreement voluntarily or consensually perform any act which results in any additional exceptions to title that would survive the Closing without Purchaser’s consent. (b) Seller shall not enter into any agreements (including leases) or amend any existing agreements which affect the Property and which would survive the Closing without Purchaser’s consent; (c) Seller shall not participate in any discussions or negotiations with any other party regarding the sale or any similar transaction involving the Property; (d) Seller shall furnish Purchaser with any notices Seller receives from governmental authorities pertaining to the Property; (e) Seller shall promptly notify Purchaser of any event or circumstance which Seller becomes aware of which causes a representation or warranty in this Agreement to be untrue or a covenant or condition in this Agreement incapable or unlikely to be performed or satisfied; (f) Seller shall not remove or materially disturb any portion of the Property including cutting trees, removing landscaping, or performing site grading, without Purchaser’s consent; and (g) Seller shall allow Purchaser access to the Property throughout the term of this Agreement on the terms and conditions set forth in Section 3.1. (h) Seller shall not encumber the Property or cause/allow the Property to be encumbered prior to and/or after the Closing. If Seller breaches any of the foregoing covenants in any material respect by the Closing Date then Purchaser may elect to terminate this Agreement. If Purchaser elects to terminate, the Earnest Money shall be returned to Purchaser, without limiting any other remedies available to Purchaser under Section 9.2 below. ARTICLE 6 REPRESENTATIONS AND WARRANTIES 6.1 Seller’s Representations and Warranties. Seller, with regard to the Property, represents and warrants to Purchaser as follows: 269 of 508 6 (a) Authority. Seller is the owner of the fee simple absolute title to the Property. Seller has full power and authority to sell and convey or to cause the conveyance of the Property as provided for in this Agreement and this Agreement is binding and enforceable against Seller. (b) Agreements. Neither the execution and delivery of this Agreement by Seller nor the consummation of the transactions contemplated hereby will result in any breach or violation of or default under any judgement, decree, order, mortgage, lease, agreement, indenture or other instrument to which Seller is a party. (c) Code Violations. Seller has not received any written notice of and is not aware of any violation or claimed violation of any applicable zoning, subdivision, building, fire, health, environmental, and other codes, statutes, ordinances or laws affecting the Property, except as disclosed in writing to Purchaser by Seller prior to or during the Land Due Diligence Review Period. (d) Litigation. There is no litigation, proceeding, claim or investigation, including, without limitation, any condemnation, zoning, or environmental proceeding, pending or, to the best of the Seller’s knowledge, threatened, which affects the Property or this transaction, except as disclosed in writing to Purchaser by Seller prior to or during the Land Due Diligence Review Period. (e) Surviving Agreements. There are no leases, service agreements, or other agreements affecting the Property which will survive the Closing. (f) Utilities. To Seller’s knowledge, all water, sewer, gas, electric and telephone utilities are installed to the boundaries of the Property or in contiguous streets, and there are no recapture agreements or other agreements requiring any out-of-the-ordinary payments for connection to such utilities. (g) Disclosure. During the Land Due Diligence Review Period, Seller shall deliver to Purchaser true and correct and complete copies of all Delivery Items in Seller’s possession or control, and Seller shall not fail or omit to communicate in writing to Purchaser any other agreement, document or fact which is material to the Property or this Agreement. 6.2 Purchaser’s Representations and Warranties. Purchaser represents and warrants to Seller as follows: (a) Agreements. Neither the execution and delivery of this Agreement by Purchaser nor the consummation of the transactions contemplated hereby will result in any breach or violation of or default under any judgement, decree, order, mortgage, lease, agreement, indenture or other instrument to which Purchaser is a party; (b) Authority. Purchaser has full power and authority to execute this Agreement and purchase the Property as provided for in this Agreement and this Agreement is binding and enforceable against Purchaser. 6.3 Breach of Representations and Warranties. Each party warrants that each of the representations and warranties made by it in this Article 6 or appearing in other parts of this 270 of 508 7 Agreement is true as of the date of this Agreement and will also be true as of the Closing. Each party shall notify the others promptly if such party becomes aware prior to the Closing Date of any matter which would render any of the representations or warranties of such party untrue in any material respect. If any of the representations and warranties by Seller shall not be true as of the Closing and such breach has been disclosed to Purchaser and is other than as a result of Seller’s deliberate or willful act, Purchaser may alternatively as its sole remedy either (a) waive such breach and close the transaction contemplated herein, or (b) terminate this Agreement, in which event the Earnest Money shall be returned to Purchaser. In the case of a breach of any of Seller’s representations or warranties as a result of Seller’s willful or deliberate act, the Purchaser may exercise its remedies under Article 9. 6.4 NO OTHER WARRANTIES. EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THIS AGREEMENT, SELLER IS SELLING ITS APPLICABLE PROPERTY TO PURCHASER IN AN “AS-IS” CONDITION, AND PURCHASER AGREES THAT, EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT, SELLER HAS NOT MADE ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, TO PURCHASER REGARDING THE PROPERTY. ARTICLE 7 INTENTIONALLY OMITTED ARTICLE 8 THE CLOSING 8.1 Definition; Time and Place. The performance by Seller and Purchaser of their respective obligations under this Agreement directly or through the completion of the escrow deposits required of them to be made and the delivery of the Purchase Price to the Seller by the Closing Escrowee after delivery of the Title Policy to Purchaser and delivery of possession of the Property to Purchaser shall constitute the closing of the sale (the “Closing”). The date of the Closing (the “Closing Date”) shall be no later than one hundred fifty (150) days after the Effective Date of this Agreement, or such later date as may be extended by mutual written consent of Purchaser and Seller or by operation of this Agreement. Purchaser may extend the Closing Date as needed for satisfaction of such conditions so long as Purchaser is pursuing such satisfaction diligently and in good faith. The Closing shall take place at the Chicago office of the Title Insurer. 8.2 Possession. Possession of the Property shall be delivered at the Closing. 8.3 Escrow. This sale shall be closed through a “New York style” escrow (the “Escrow”) with the Title Insurer (the “Closing Escrowee”), in accordance with the general provisions of the usual form of escrow agreement then in use by the Closing Escrowee, with such special provisions inserted in the escrow agreement as may be required to conform with this Agreement (the “Escrow Agreement”). The Escrow and Escrow Agreement shall be auxiliary to this Agreement, and this Agreement shall govern in the event of any inconsistency with the Escrow Agreement. Upon the creation of the Escrow, payment of the Purchase Price and delivery of the deed and other closing documents shall be made through the Escrow and the Earnest Money shall be deposited in the Escrow. The attorneys for the parties are hereby 271 of 508 8 authorized to execute the Escrow Agreement and any amendments thereto. Each party shall have the right to inspect all documents prior to or at the time of deposit in the Escrow. The escrow fee for the Escrow shall be shared equally by the parties, except that the escrow fees attributable to any ancillary money lender’s agreement shall be borne by Purchaser alone. 8.4 Documents To Be Delivered By Seller At Closing. At the Closing, Seller shall deliver or cause to be delivered to Purchaser directly or, if either party elects, through the Escrow, the following with respect to its applicable Property, each of which shall be in form reasonably satisfactory to Purchaser and (if applicable) the Title Insurer: (a) a duly executed and acknowledged special warranty deed(s) to the Property subject only to the Permitted Exceptions; (b) a bill of sale respecting any personal property to be conveyed; (c) copies of the most recent tax or assessment bills or other items on which pro- rations are based; (d) the Title Policy; (e) evidence of authorization of Seller as to the execution of this Agreement and the sale of the Property to Purchaser and the performance of other acts required hereunder; (f) an affidavit to the effect that Seller is not a foreign person under Section 1445(b) of the United States Internal Revenue Code (FRPTA); (g) evidence of payment and a lien waiver from any broker whose commission is to be paid by Seller under Section 10.2 below; (h) all other documents (if any) required, pursuant to other provisions of this Agreement or to the Escrow Agreement, to be executed and delivered by Seller; (i) proof of payment of all outstanding real estate taxes on the Property; and (j) such other instruments and documents as may be reasonably required in order to carry out the purposes of this Agreement. 8.5 Documents To Be Delivered By Purchaser At Closing. At the Closing Purchaser shall deliver or cause to be delivered to Seller directly, or if any party elects through the Escrow, the following with respect to each of the Property, each of which shall be in form reasonably satisfactory to Seller and (if applicable) the Title Insurer: (a) The Purchase Price, plus or minus adjustments, credits and pro-rations provided for herein; (b) Evidence of authorization of Purchaser as to the execution of this Agreement and the purchase of the Property from Seller and the performance of the other acts required hereunder; 272 of 508 9 (c) Evidence of payment and a lien waiver from any broker whose commission is to be paid by Purchaser under Section 10.2 below. (d) all other documents required pursuant to other provisions of this Agreement or the Escrow Agreement to be executed and delivered by Purchaser; and (e) such other instruments and documents as may be reasonably required in order to carry out the purpose of this Agreement. 8.6 Documents to be Jointly Delivered by Seller and Purchaser at Closing. At the Closing Seller and Purchaser shall each execute and deliver, directly, or if any party elects, through the Escrow, the following with respect to each of the Property, each of which shall be in form reasonably satisfactory to the parties and (if applicable) the Title Insurer: (a) Applicable transfer tax declarations for the State, the County and any necessary municipal transfer declarations all indicating that this transaction is “exempt” from transfer taxes; (b) A Closing Statement (in triplicate); and (c) ALTA Statements as required by the Title Insurer. (d) such other instruments and documents as may be reasonably required in order to carry out the purpose of this Agreement. ARTICLE 9 DEFAULTS; REMEDIES 9.1 Purchaser’s Default. If the transaction contemplated hereby does not close by reason of a default by Purchaser in any of the terms hereof (as opposed to by reason of failure of any contingency to Purchaser’s obligations hereunder), and such default is not cured within five (5) Business Days after written notice of such default is given by Seller to Purchaser, then Seller may, at its sole option and in lieu of any and all other legal and equitable remedies which Seller may have, receive all Earnest Money deposited to the date of such default as liquidated damages, allocable to Seller as set forth in Section 2.3 above. Seller and Purchaser acknowledge that actual damages in the event of a default by Purchaser will be difficult to ascertain, and that Seller’s receipt of the Earnest Money as liquidated damages represents the parties’ best estimate of such damages. 9.2 Seller’s Default. If the transaction contemplated hereby does not close by reason of a default by Seller in any of the terms hereof, and such default is not cured within five (5) Business Days after written notice of said default is given by Purchaser to Seller, then Purchaser may: (a) rescind this Agreement and receive all of the Earnest Money and all other sums held on account of the Purchase Price; or (b) pursue against Seller an action for specific performance or other similar relief to enforce this Agreement; or (c) if such default was as a result of Seller’s willful or deliberate act, pursue against Seller any other rights or remedies available at law or in equity, including, without limitation, an action for Purchaser’s actual costs and damages, all in such order or concurrently as Purchaser may elect. 273 of 508 10 ARTICLE 10 MISCELLANEOUS 10.1 Uniform Risk Act. The Uniform Vendor and Purchaser Risk Act as enacted in the State in which the Property are located shall apply to this transaction. 10.2 Payment of Real Estate Brokers and Consultants. Each party represents to the other that no other real estate broker has been used in connection with this transaction. Purchaser agrees to indemnify, defend and hold Seller harmless from and against any claim for a real estate broker’s commission or fee by any other party claiming through Purchaser. Seller agrees to indemnify, defend and hold Purchaser harmless from and against any claim for a real estate broker’s commission or fee by any other party claiming through Seller. 10.3 Notices. All notices and other communications which are required to be, or which may be given under this Agreement shall be in writing, and shall be delivered at the addresses set out hereinbelow. Notice may be given by personal delivery, facsimile, recognized overnight courier, or by United States mail in the manner set forth below. Notice shall be deemed to have been duly given (a) if by personal delivery, on the first to occur of the date of actual receipt or refusal of delivery by any person at the intended address, (b) if by facsimile, upon confirmed transmission, (c) if by overnight courier, on the first (1st) Business Day after being delivered to a recognized overnight courier, or (d) if by mail, on the third (3rd) Business Day after being deposited in the United States mail, certified or registered mail, return receipt requested, postage prepaid, addressed as follows: If to Purchaser: Purchaser: City of Evanston 2100 Ridge Avenue Evanston, IL 60201-2796 ATTN: City Manager Phone: 847/866-2936 Fax: 847/448-8083 With a Copy to: City of Evanston 2100 Ridge Avenue Evanston, IL 60201-2796 ATTN: Law Department Phone: 847/866-2937 Fax: 847/448-8093 And to: City of Evanston 2100 Ridge Avenue Evanston, IL 60201-2796 ATTN: Director of Community and Economic Development Phone: 847/866-2929 Fax: 847/448-8120 274 of 508 11 If to Seller: E-Town Community Ventures, LLC 1020 Church Street Evanston, Illinois 60201 ATTN: Daniel Cheifetz Phone: 847-910-4850 Fax: 847-________ With a Copy to: ________________ or to such other address as either party may from time to time specify as its address for the receipt of notices hereunder, in a notice to the other party. 10.4 Assignment. Purchaser may designate a nominee as the party which will acquire the Property. In such event all instruments, documents and agreements required to be delivered to Purchaser under this Agreement shall be delivered to, and run for the benefit of such nominee. No such designation shall relieve Purchaser of its obligations hereunder. Prior to Closing, Purchaser may not assign or pledge any of its rights under this Agreement without the prior written consent of Seller, except Seller’s consent shall not be necessary for an assignment to an entity in which Purchaser or an affiliate has an ownership interest where Purchaser remains liable for all of its obligations under this Agreement. Subject to the foregoing, this Agreement shall be binding upon the undersigned and each of their successors and assigns. 10.5 Intentionally Omitted. 10.6 Entire Agreement; Amendments. This Agreement embodies the entire understanding of the parties and there are no further or other agreements or understandings, written or oral, in effect between the parties relating to the subject matter hereof except as may be set forth in writing executed by both parties contemporaneously with or subsequent to this Agreement. The provisions of this Agreement may not be amended, changed or modified orally, but only by an agreement in writing signed by the party against whom any amendment, change or modification is sought. 10.7 Severability. If any term or provision of this Agreement or any application thereof shall be invalid or unenforceable, the remainder of this Agreement and other applications thereof shall not be affected thereby. 10.8 Captions; Number. The captions contained in this Agreement are for the convenience of reference only, and shall not affect the meaning, interpretation or construction of this Agreement. As used in this Agreement, the singular form shall include the plural and the plural shall include the singular, to the extent that the context renders it appropriate. 10.9 Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed to be an original and all of which together shall be deemed to be one and the same instrument. 275 of 508 12 10.10 Governing Law. This Agreement and all rights, obligations and liabilities hereunder shall be governed by, and construed in accordance with, the laws of the State of Illinois. 10.11 Time of the Essence. Time is of the essence of this Agreement. 10.12 Survival. All of the respective representations and warranties of Seller and Purchaser hereunder, and all of their respective rights and remedies with respect to the incorrectness or breach thereof, shall survive the Closing Date for a period of one (1) year from the date of Closing. 10.13 Waiver. Except as otherwise expressly provided in this Agreement, no waiver by a party of any breach of this Agreement or of any warranty or representation hereunder by the other party shall be deemed to be a waiver of any other breach by such other party (whether preceding or succeeding and whether or not of the same or similar nature) and no acceptance of payment or performance by a party after any breach by the other party shall be deemed to be a waiver of any breach of this Agreement or of any representation or warranty hereunder by such other party whether or not the first party knows such breach at the time it accepts such payment or performance. Except as otherwise expressly provided in this Agreement, no failure or delay by a party to exercise any right it may have by reason of the default of the other party shall operate as a waiver of default or modification of this Agreement or shall prevent the exercise of any right by the first party while the other party continues to be so in default. 10.14 Business Days. If any date specified in this Agreement for the Closing Date or for commencement or expiration of time periods for termination or approvals or for notice occurs on a day other than a Business Day, then any such date shall be postponed to the following Business Day. As used herein, “Business Day” shall mean any day other than a Saturday, Sunday or a holiday observed by national banks or the Title Insurer. 10.15 Limitation of Purchaser’s Liability. Any obligation or liability whatsoever of Purchaser which may arise at any time under this Agreement or any document delivered pursuant to this Agreement shall be satisfied, if at all, out of Purchaser’s assets only. No such obligation or liability shall be personally binding upon, nor shall resort for the enforcement thereof be had to, the property of any of its members, or the partners, members, shareholders, trustees, officers, employees or agents of such members on any constituent level, regardless of whether such obligation or liability is in the nature of contract, tort or otherwise. The negative capital account of any interest holder in Purchaser or the obligation of any interest holder in Purchaser to make a capital contribution to Purchaser shall not be deemed to be an asset of Purchaser. 10.16 Intentionally Omitted. 10.17 Effective Date. The “Effective Date” as used in this Agreement shall be the date on which this Agreement is executed and delivered in final form by both parties. The parties shall fill in the Effective Date when that is known. [signature page(s) follow] 276 of 508 13 IN WITNESS WHEREOF, the parties have executed this Agreement as of the Effective Date. PURCHASER THE CITY OF EVANSTON, an Illinois municipal corporation By: Name: Title: Date: SELLER E-TOWN COMMUNITY VENTURES, LLC By: Name: Title: Date: 277 of 508 A-1 EXHIBIT A Legal Description of the Property THE SOUTH 106.00 FEET OF LOTS 9 AND 10 IN BLOCK 3 IN MERRILL LADD’S SECOND ADDITION TO EVANSTON, SAID ADDITION BEING A SUBDIVISION OF THE WEST ½ OF THE SOUTHWEST ¼ OF THE NORTHEAST ¼ OF SECTION 13, TOWNSHIP 41 NORTH, RANGE 13, EAST OF THE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS. PIN: 10-13-220-035-0000 COMMONLY KNOWN AS: 1801-05 CHURCH STREET, EVANSTON, IL 278 of 508 B-1 EXHIBIT B Permitted Exceptions 1. Acts done or suffered to be done by Purchaser. [OTHERS TO BE PROVIDED BY PURCHASER DURING THE LAND DUE DILIGENCE REVIEW PERIOD] 279 of 508 1801-05 Church Street (Red) 1708-10 Darrow (Blue) DISCLAIMER: This map and data are provided as-in without warranties of any kind. See www.cityofevanston.org/mapdisclaimers.html for more information Scale 1:363 Made with Evanston's GIS Printed: Mar 8, 2012 5:18:13 PM280 of 508 Environmental Consulting Group, Inc. April 5, 2012 Mr. Paul Zalmezak City of Evanston 2100 Ridge Avenue, Suite 3600 Evanston, Illinois 60201 Re: Project Cost Estimates UST Removal and Site Remediation Services 1801-05 Church Street Evanston, Illinois Dear Mr. Zalmezak: In response to your request, Environmental Consulting Group, Inc. (ECG) has prepared cost estimates for the environmental work required for the site located at 1801-05 Church Street, in Evanston, Illinois. 1.0 Background On March 6, 2012, ECG completed a limited Phase II ESA for the subject property. The results of the Phase II showed that 7 out of 10 soil borings exhibited signs of petroleum impact. The soil analytical testing results indicated subsurface soil contamination at the subject property above the applicable Illinois EPA Tier 1 SROs. Additionally, possible underground storage tanks (USTs) were encountered during the Phase II field work. On March 22, 2012, ECG conducted an investigation to check for USTs on the subject property. Working with an Illinois-licensed tank contractor, ECG completed several test excavations. The excavations revealed four USTs at the site, including two 2,000-gallon USTs and two 3,000-gallon USTs. The attached Figure 1 shows the locations of the tanks. 281 of 508 Mr. Paul Zalmezak April 5, 2012 Page 2 The two 2,000-gallon tanks were filled with a mixture of water and gasoline. The two 3,000- gallon tanks were filled with sand. 2.0 Project Overview As discussed during our meeting on April 3, 2012, the environmental remediation project can be separated into two stages: Stage 1 involves removal of the underground tanks and compliance with State of Illinois requirements. Stage 2 involves additional soil and groundwater testing and several reports that will be required by the Illinois EPA to obtain a No Further Remediation letter. This report summarizes the activities and costs associated with each stage of the proposed work. 3.0 Project Summary and Cost Estimates Stage 1: UST Removal and Documentation To accomplish removal of the USTs, both a consultant (ECG) and a contractor will play a role. ECG will design the project, draft a request for proposal, and conduct a site walk-through with qualified tank removal contractors. Tank removal contactor bids would be obtained for the City of Evanston. ECG would follow the City of Evanston purchasing requirements, such as obtaining bids from at least three contractors and providers, and soliciting bids from minority, women, and Evanston-based firms, where feasible. When the USTs are removed from the excavation, a representative from the Illinois Office of State Fire Marshal (OSFM) will be present on-site to observe the removal activities. The OSFM is on-site to oversee the explosion safety aspect of the removal process and to determine, after the UST is removed, whether a release from the USTs has occurred. Since the Phase II ESA results have documented a release from the USTs, the OSFM will require that the site owner obtain a Leaking Underground Storage Tank (LUST) Incident Number for the release, and the file will be forwarded to the Illinois EPA. After the incident number is reported, the Illinois EPA will require a 20-Day Certification and a 45-Day Report within those time periods. The 20-Day Certification is a formal notification of the release to the Illinois EPA. The 45-Day Report involves sample collection, maps and cross- 282 of 508 Mr. Paul Zalmezak April 5, 2012 Page 3 sections, soil testing, data tables, waste manifests, photos, etc. The 20-Day Certification and 45-Day Report will be submitted to the Illinois EPA for their review and approval. Cost Estimates for Stage 1: Based on the above-outlined scope-of-work, ECG’s cost estimate for Stage 1 tasks are as follows: Task Cost Estimate ECG: Draft project design and obtain bids $2,250 ECG: Monitor UST removal contractor and 20/45-Day reports $7,600 Tank Removal Contractor: Excavate and remove USTs, $27,000 Disposal of soil, backfill excavations (this is an estimated quote from one contractor. Other bids will be obtained). Total Stage 1 Estimate: $36,850 Stage 2: Soil/Groundwater Testing and Reports to Obtain a No Further Remediation (NFR) Letter As stated previously, an Illinois EPA-issued NFR letter can be obtained for this site. The NFR letter signifies a release from further responsibilities in performing remedial action and is considered prima facie evidence that the site does not constitute a threat to human health or the environment. The NFR letter is filed with the Office of the Recorder or the Registrar of Titles of the county in which the remediation site is located so that it forms a permanent part of the chain of title and, thereby, notifies future owners of the terms of the NFR letter. Obtaining an NFR letter may take six to nine months and will require additional environmental work (installation of groundwater monitoring wells, engineered barriers, reports, research, borings, etc.). Site development can proceed during this period. The NFR letter will likely contain conditions, such as the use of institutional controls or engineered barriers (e.g. parking lot or building that would cover the soil) that must be maintained to ensure the protection of human health and the environment. An overview of ECG’s proposed scope-of-work for Stage 2 is as follows: 283 of 508 Mr. Paul Zalmezak April 5, 2012 Page 4  Complete the Site Investigation Report summarizing the work that has been completed to- date for submission to the Illinois EPA.  Complete the Site Investigation Plan outlining the proposed soil and groundwater investigation work that will be required by the Illinois EPA.  After approval of the Site Investigation Plan, conduct a soil and groundwater investigation to delineate the site contamination. The investigation will likely require 8 -10 soil borings, eight groundwater monitoring wells, and analytical testing on soil and groundwater samples.  Complete the Site Investigation Completion Report (SICR) detailing the findings of the soil and groundwater investigation.  Complete a Corrective Action Plan for submission to the Illinois EPA.  Upon approval of the Corrective Action Plan, ECG would submit a Corrective Action Completion Report detailing the findings of the soil and groundwater investigation.  Upon approval of the Corrective Action Completion Report, additional minor reporting will be required to obtain an NFR letter Cost Estimates for Stage 2: Task Cost Estimate Site Investigation Report $3,250 Site Investigation Plan $2,500 Soil and groundwater investigation $21,000 Site Investigation Completion Report $3,500 Corrective Action Plan $3,000 Corrective Action Completion Report $4,500 Misc. minor reporting $500 Total Stage 1 Estimate: $38,250 284 of 508 Mr. Paul Zalmezak April 5, 2012 Page 5 4.0 Total Cost Estimate The total estimate for removing the four USTs and obtaining an NFR letter can be calculated by adding the Stage 1 and Stage 2 cost estimates as follows: Stage 1 Estimate: $36,850 Stage 2 Estimate: $38,250 $75,100 5.0 Qualifications ECG believes these estimates were developed in general accordance with the technical standards of practice for remediation projects at the time the study was conducted. It should be noted, however, that one cannot eliminate the possibility of additional hazardous waste and/or environmental contamination at a particular site. However, the standard of care exercised for this study was in accordance with generally accepted practices and a reasonable effort was made to ensure that the information presented in this report is materially complete and accurate. The estimates presented in this report are professional opinions based solely upon visual observations of the site, analytical data, and assumptions regarding the extent of contamination and regulatory cleanup requirements. ECG, therefore, cannot be responsible for remediation costs beyond the above estimates. If you have any questions or comments, please contact our office. Sincerely, ENVIRONMENTAL CONSULTING GROUP, INC. David S. O’Dea Sr. Project Manager Attachments: Figure 1 285 of 508 286 of 508 For City Council meeting of June 25, 2012 Item A10 Ordinance 63-O-12: Authorizing Negotiations to Sell 1131 Sherman Avenue For Introduction To: Honorable Mayor and Members of the City Council Administration and Public Works Committee From: W. Grant Farrar, Corporation Counsel Subject: Ordinance 63-O-12; Authorizing Negotiation to Sell 1131 Sherman Avenue to Mark Hammergren Date: June 18, 2012 Recommended Action: Staff recommends adoption of Ordinance 63-O-12 to authorizing the City Manager to negotiate the sale of city-owned vacant lot located at 1131 Sherman Avenue, Evanston, Illinois 60202 (the “Property”). Funding Source: N/A Summary: The City acquired the Property through the foreclosure of a demolition lien in March 2012. The adjoining homeowner, Mark Hammergren of 1129 Sherman, seeks to purchase the Property from the City. Pursuant to City Code Section 1-17-4-2 (B), the City Council must adopt an ordinance authorizing the negotiation of the sale of City property. The ordinance authorizing the negotiation must be adopted by a two-thirds vote. Attachment: Ordinance 63-O-12 Memorandum 287 of 508 6/18/2012 63-O-12 AN ORDINANCE Authorizing the City Manager to Negotiate the Sale of City-Owned Real Property Located at 1131 Sherman Avenue 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 the sale of the City’s interests in the real estate legally described in Exhibit A attached hereto and incorporated herein by reference, commonly known as 1131 Sherman Avenue in Evanston, Illinois (the “Subject Property”). SECTION 2: Pursuant to Subsection 1-17-4-2-(B) of the Evanston City Code, 1979, 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 3: Pursuant to City Code Subsection 1-17-4-2-(B)-3, Notice of Intent to Sell Certain Real Estate by Negotiation was published in the Evanston Review, a newspaper in general circulation in the City, on June 21, 2012, as shown in Exhibit B, attached hereto and incorporated herein by reference. 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 of the Subject Property. 288 of 508 63-O-12 ~2~ SECTION 4: All ordinances or parts of ordinances in conflict herewith are hereby repealed. 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: 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. SECTION 7: 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:_________________, 2011 Adopted:___________________, 2012 Approved: __________________________, 2012 _______________________________ Elizabeth B. Tisdahl, Mayor Attest: _____________________________ Rodney Greene, City Clerk Approved as to form: _______________________________ W. Grant Farrar, Corporation Counsel 289 of 508 63-O-12 ~3~ EXHIBIT A LEGAL DESCRIPTION LOT 7 IN FORSTER’S SUBDIVISION OF LOTS 1 TO 5 INCLUSIVE, AND 18 TO 28 INCLUSIVE, IN BLOCK 1 OF HARDIN’S ADDITION TO EVANSTON, SITUATION IN COOK COUNTY, ILLINOIS. ALSO A TRIANGULAR PARCEL OF LAND IN THE SOUTHEAST CORNER OF LOT 6 IN FOSTER’S SUBDIVISION OF LOTS 1, 2, 3, 4, 5, 18, 19, 20, 21, 22, 23, 24, 25, 26 27 AND 28 IN BLOCK 1 IN HARDIN’S ADDITION TO EVANSTON LYING SOUTHEASTERLY OF A LINE EXTENDING SOUTHWESTERLY FROM A POINT ON THE EASTERLY LINE OF SAID LOT 6, WHICH POINT IS 20 FEET ON THE SOUTH LINE OF SAID LOT 6, WHICH POINT IS 10 FEET WEST OF SAID SOUTHEAST CORNER, ALL SITUATED IN COOK COUNTY, ILLINOIS. Commonly Known As: 1131 Sherman Avenue, Evanston, Illinois. PIN: 11-19-111-024-0000. 290 of 508 63-O-12 ~4~ EXHIBIT B NOTICE OF INTENT TO NEGOTIATE THE SALE OF CERTAIN CITY-OWNED REAL ESTATE INTEREST Public Notice is hereby given that on July 9, 2012, at 7:15 P.M., in the Council Chambers at 2100 Ridge Avenue, Evanston, Illinois, the Evanston City Council will consider adoption of ordinances for the negotiated sale of the City's interest in certain real estate, located at 1131 Sherman Avenue, Evanston, Illinois 60202 with the following legal description: LOT 7 IN FORSTER’S SUBDIVISION OF LOTS 1 TO 5 INCLUSIVE, AND 18 TO 28 INCLUSIVE, IN BLOCK 1 OF HARDIN’S ADDITION TO EVANSTON, SITUATION IN COOK COUNTY, ILLINOIS. ALSO A TRIANGULAR PARCEL OF LAND IN THE SOUTHEAST CORNER OF LOT 6 IN FOSTER’S SUBDIVISION OF LOTS 1, 2, 3, 4, 5, 18, 19, 20, 21, 22, 23, 24, 25, 26 27 AND 28 IN BLOCK 1 IN HARDIN’S ADDITION TO EVANSTON LYING SOUTHEASTERLY OF A LINE EXTENDING SOUTHWESTERLY FROM A POINT ON THE EASTERLY LINE OF SAID LOT 6, WHICH POINT IS 20 FEET ON THE SOUTH LINE OF SAID LOT 6, WHICH POINT IS 10 FEET WEST OF SAID SOUTHEAST CORNER, ALL SITUATED IN COOK COUNTY, ILLINOIS. Commonly Known As: 1131 Sherman Avenue, Evanston, Illinois. PIN: 11-19-111-024-0000. Said property is improved with a vacant structure and will be used for purposes as set forth in the underlying real estate sales contract, as allowed by the City Zoning Ordinance, but said property shall not be declared tax-exempt. 291 of 508 For City Council meeting of June 25, 2012 Item A11 Ordinance 64-O-12: Authorizing City Manager to Execute Sale of 1131 Sherman For Introduction To: Honorable Mayor and Members of the City Council Administration and Public Works Committee From: W. Grant Farrar, Corporation Counsel Subject: Ordinance 64-O-12; Authorizing the City Manager to Execute a Real Estate Contract for the sale of 1131 Sherman Avenue to Mark Hammergren Date: June 18, 2012 Recommended Action: Staff recommends adoption of Ordinance 64-O-12 directing that the City Manager to execute a real estate contract for the sale of a City-owned vacant lot at 1131 Sherman Avenue, Evanston, Illinois 60202 (the “Property”) to Mark Hammergren. Funding Source: N/A Summary: The City acquired the Property through the foreclosure of a demolition lien in March 2012. The adjoining homeowner, Mark Hammergren of 1129 Sherman, seeks to purchase the Property from the City. Pursuant to City Code Section 1-17-4-2 (B), the City Council must adopt an ordinance directing the sale of the Property by adoption of an ordinance receiving affirmative votes from two-thirds (2/3) of the elected officials. The notice of intent to sell said Property will be published in the Evanston Review on June 21, 2012, which is in accordance with the City Code parameters regarding the sale of City property. Attachment: Ordinance 63-O-12 Real Estate Sale Contract Memorandum 292 of 508 6/18/2012 64-O-12 AN ORDINANCE Authorizing the City Manager to Execute a Real Estate Contract for the Sale of City-Owned Real Property Located at 1131 Sherman Avenue in Evanston, Illinois to Mark Hammergren WHEREAS, the City of Evanston owns real property located at 1131 Sherman Avenue, Evanston, Illinois, 60202 and legally described in Exhibit A, attached hereto and incorporated herein by reference (the “Subject Property”); and WHEREAS, the City Council of the City of Evanston has determined that ownership of the aforesaid Subject Property is no longer necessary, appropriate, required, or in the best interests of the City of Evanston; and WHEREAS, the City Council has determined that the best interests of the City of Evanston would be served by the sale of said Subject Property to a qualified party for private use; and WHEREAS, pursuant to Ordinance 63-O-12, the City Council, by a vote of at least two-thirds (⅔) of the elected Aldermen then holding office, did direct the City Manager to negotiate the sale of said Subject Property on behalf of the City; and WHEREAS, pursuant to Ordinance 63-O-12, the City Manager has negotiated the sale of the Subject Property; and WHEREAS, the City Manager recommends that the City Council hereby approve the negotiated sale of the Subject Property, with the City of Evanston as Seller and Mark Hammergren, an individual, as Buyer; and 293 of 508 64-O-12 ~2~ WHEREAS, the City Council hereby finds and determines that the best interests of the City of Evanston and its residents will be served by conveying the aforesaid Subject Property to Hammergren, on terms consistent with the Agreement for Purchase and Sale of Real Estate, attached hereto as Exhibit B and incorporated herein by reference (hereinafter, the “Agreement”); and WHEREAS, as required by Section 1-17-4-2-(B) of the Evanston City Code, 1979, as amended (the “City Code”), a Notice of Intent to Sell Certain Real Estate, was published in the Evanston Review, a newspaper in general circulation in the City of Evanston, on June 21, 2012, 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 sale of the Property, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS, THAT: SECTION 1: The foregoing recitals are hereby found as fact and incorporated herein by reference. SECTION 2: The City Council of the City of Evanston hereby approves the negotiated sale of the Subject Property with the City as Seller and Hammergren as Buyer. SECTION 3: The City Manager is hereby authorized and directed to sign, and the City Clerk is hereby authorized and directed to attest, the Agreement, pursuant to the terms of which the Subject Property shall be conveyed. The City Manager is further authorized to negotiate any changes or additional terms and conditions with respect to the sale of the aforesaid Subject Property as the City Manager may deem fit and proper. 294 of 508 64-O-12 ~3~ SECTION 4: The City Manager and the City Clerk, respectively, are hereby authorized and directed to execute, attest, and deliver such other documents, agreements, and certificates as may be necessary to effectuate the sale herein authorized. 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 hereof that can be given effect without the invalid provision or application, and each invalid application hereof 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. Ayes: ______________ Nays: ______________ Introduced:_________________, 2012 Adopted:___________________, 2012 Approved: __________________________, 2012 _______________________________ Elizabeth B. Tisdahl, Mayor Attest: _____________________________ Rodney Greene, City Clerk Approved as to form: _______________________________ W. Grant Farrar, Corporation Counsel 295 of 508 64-O-12 ~4~ EXHIBIT A Legal Description LOT 7 IN FORSTER’S SUBDIVISION OF LOTS 1 TO 5 INCLUSIVE, AND 18 TO 28 INCLUSIVE, IN BLOCK 1 OF HARDIN’S ADDITION TO EVANSTON, SITUATION IN COOK COUNTY, ILLINOIS. ALSO A TRIANGULAR PARCEL OF LAND IN THE SOUTHEAST CORNER OF LOT 6 IN FOSTER’S SUBDIVISION OF LOTS 1, 2, 3, 4, 5, 18, 19, 20, 21, 22, 23, 24, 25, 26 27 AND 28 IN BLOCK 1 IN HARDIN’S ADDITION TO EVANSTON LYING SOUTHEASTERLY OF A LINE EXTENDING SOUTHWESTERLY FROM A POINT ON THE EASTERLY LINE OF SAID LOT 6, WHICH POINT IS 20 FEET ON THE SOUTH LINE OF SAID LOT 6, WHICH POINT IS 10 FEET WEST OF SAID SOUTHEAST CORNER, ALL SITUATED IN COOK COUNTY, ILLINOIS. Commonly Known As: 1131 Sherman Avenue, Evanston, Illinois. PIN: 11-19-111-024-0000. 296 of 508 64-O-12 ~5~ EXHIBIT B Agreement for Sale of Real Estate 297 of 508 1 REAL ESTATE SALE CONTRACT This agreement (“Agreement”) is entered into this ___ day of _______ 2012 by and between the CITY OF EVANSTON, an Illinois municipal corporation, (“Purchaser”) and MARK HAMMERGREN, an individual (“Seller”). 1. Purchase Price. The Purchaser agrees to purchase from the Seller at a price of THIRTY THOUSAND DOLLARS ($30,000.00) (the “Purchase Price”), on the terms set forth herein, the following described real estate in Cook County, Illinois: LOT 7 IN FORSTER’S SUBDIVISION OF LOTS 1 TO 5 INCLUSIVE, AND 18 TO 28 INCLUSIVE, IN BLOCK 1 OF HARDIN’S ADDITION TO EVANSTON, SITUATION IN COOK COUNTY, ILLINOIS. ALSO A TRIANGULAR PARCEL OF LAND IN THE SOUTHEAST CORNER OF LOT 6 IN FOSTER’S SUBDIVISION OF LOTS 1, 2, 3, 4, 5, 18, 19, 20, 21, 22, 23, 24, 25, 26 27 AND 28 IN BLOCK 1 IN HARDIN’S ADDITION TO EVANSTON LYING SOUTHEASTERLY OF A LINE EXTENDING SOUTHWESTERLY FROM A POINT ON THE EASTERLY LINE OF SAID LOT 6, WHICH POINT IS 20 FEET ON THE SOUTH LINE OF SAID LOT 6, WHICH POINT IS 10 FEET WEST OF SAID SOUTHEAST CORNER, ALL SITUATED IN COOK COUNTY, ILLINOIS. Permanent index number: 11-19-111-024-0000. and commonly described or known as 1131 Sherman Avenue, Evanston, Illinois, a lot measuring approximately 3,100 square feet with no improvements on the property (the “Property”). Specific lot dimensions will be per survey (however, variations between the survey and the foregoing approximate figures shall not affect the validity or substance of this Agreement). 2. Conveyance. Seller agrees to sell the real estate and the property described above at the price and terms set forth herein, and to convey or cause to be conveyed to Purchaser, or Purchaser's nominee, title thereto by a recordable Special Warranty Deed, with release of homestead rights, if any, subject only to: (a) covenants, conditions and restrictions of record; (b) private, public and utility easements and roads and highways, if any; (c) special taxes or assessments for improvements heretofore completed; (e) mortgage or trust deed specified below, if any, and (f) general taxes for the year of closing and subsequent years including taxes which may accrue by reason of new or additional improvements during the year(s); and (g) any leases (as expressly described below). 3. Earnest Money. Upon the Seller’s execution of this Agreement (the “Execution Date"), Purchaser will deposit in escrow, as earnest money, the sum of ZERO Dollars ($0.00). The balance of the Purchase Price will be paid in the manner described under Section 4 (Closing) in U.S. funds in the form of a certified or cashier's check, or similar funds, in the amount of the balance owed plus or minus prorations. 4. Closing. The time of the closing shall be no later than July 30, 2012 (“Closing Date”), at a time to be agreed, unless the parties mutually agree otherwise, at the Skokie, Illinois office of Chicago Title Insurance Company. The Closing Date may be postponed by mutual agreement of the parties to this Agreement. 298 of 508 2 5. Inspection Period. Purchaser’s obligations hereunder are subject to, at Purchaser's sole and unfettered discretion, Purchaser’s approval of the Property for Purchaser’s intended use. For that purpose, Purchaser is given fifteen (15) days from the Execution Date to inspect the Property and to obtain all necessary testing and municipal and governmental approvals for its intended use (the “Inspection Period”). Purchaser’s approval or termination, hereunder, shall be at Purchaser’s sole discretion and Purchaser may terminate this agreement during the Inspection Period for any reason (or no reason), whatsoever. If during the Inspection Period the Purchaser notifies the Seller in writing of its election to terminate this agreement, the agreement shall be terminated and null and void, and, except as to Purchaser’s covenants and obligations as to indemnification, the parties shall be relieved of any further obligation and responsibility under this agreement and the earnest money and accrued interest thereon shall be returned to the Purchaser. In the event Purchaser does not or fails to give written notification of its election to terminate the agreement prior to the expiration of the Inspection Period, Purchaser shall be deemed to have waived its rights under the Inspection Period and shall be obligated to purchase the Property. With notice to Seller, and subject to any rights of the current tenants, Purchaser and its agents shall have the right to reasonably access the Property during the Inspection Period. Purchaser or its agents may conduct reasonable research, non-destructive testing, evaluation or initiate any application or appeal for zoning (subject to the provisions below) or City of Evanston approvals (“Governmental Approvals”) Purchaser deems reasonably necessary or conduct no research, testing evaluation or zoning application or appeal, at Purchaser's sole cost and expense and at Purchaser’s sole and unfettered discretion. Any destructive testing, other than small material sampling required for asbestos testing, if recommended by Purchaser’s environmental consultant, shall only be conducted with the written consent of Seller; in such event Seller may, but is not so obligated, require its supervision over any destructive testing and the posting by Purchaser of a reasonable deposit. Buyer shall not cause or permit any mechanic’s liens or liens to be recorded against the Property as a result of any actions taken by Purchaser or Purchaser’s agents during the Inspection Period. After conducting any inspections, Purchaser shall promptly restore the Property to the condition it was in immediately prior to conducting any inspections or tests, as reasonably approved by Seller. In the event that Purchaser desires to initiate such Governmental Approvals, it shall do so at its sole risk, cost, and expense, and timely provide the Seller with copies of all materials provided to and/or received from any governmental body. Inspection Period Documents. Seller shall deliver or cause to be delivered to Purchaser or Purchaser’s agent, not more than five (5) days after the Execution Date, the following information in writing regarding the Property and other items to be conveyed under the terms hereof (or if any portion of such information does not exist, a statement that such information does not exist): (A) Copies of and a list of any leases, service, maintenance, management or other contracts relating to the operation of the Property; (B) Copies of and a list of Seller’s interest in any warranties, guarantees, permits and licenses relating the above and the Property and Seller’s interest in any trade names used in connection with the Property (not including Seller’s name); and 299 of 508 3 6. Conveyance of Title. At Closing, Seller agrees to deliver to Purchaser a Special Warranty Deed, in recordable form, conveying the Premises to Purchaser free and clear of all liens, claims and encumbrances except for the Permitted Exceptions (as hereinafter defined). 7. Title Commitment; Title Policy. Purchaser, at its sole risk, cost, and expense, shall obtain and arrange for delivery to the parties within ten (10) days following the date hereof a Commitment for Owner's ALTA Title Insurance Policy Form B with extended coverage ("Commitment") issued by Title Company, setting forth the state of title to the Property and all exceptions and restrictions of record. Along with such commitment, Purchaser shall request that the Title Company furnish Purchaser with copies of all documents affecting the Property, as reflected in the Commitment. In the event any exceptions appear in such Commitment or title documents other than the standard printed exceptions (which shall be deleted in the Owner's Title Policy as hereafter provided) that are unacceptable to Purchaser, or the Title Company cannot or refuses to issue Endorsements or other items desired or required by Purchaser, then Purchaser shall, within five (5) days of receipt of the Title Commitment listing exceptions, notify Seller, in writing, of any objections to such exceptions or other matters. Any such exceptions or other matters not objected to by Purchaser in this time period shall hereinafter be referred to as "Permitted Exceptions"; provided, however, that mortgage liens, judgment liens, mechanic's liens, tax liens and other liens of definite or ascertainable amounts which are capable of being cleared from title by the payment of a sum certain ("Monetary Liens") shall not be Permitted Exceptions under any circumstances, regardless of whether or not Purchaser objects thereto in accordance herewith, and Monetary Liens shall be cleared from title at closing by the payment or escrowing of reasonably sufficient funds to cause such exceptions to be removed from Purchaser's title policy, such payments to be made by Seller. Any exceptions objected to by Purchaser within the time period specified above, and any Monetary Liens shall hereinafter be called "Unpermitted Exceptions". Provided such occurs before the Closing Date, Purchaser shall have five (5) days to object to any exceptions raised by the Title Company subsequent to the date of expiration of the Contingency Period for the first time (“Supplemental Exceptions”). Any Supplemental Exceptions objected to by Purchaser with the five (5) day period shall hereinafter be called “Unpermitted Exceptions.” Seller shall give written notice to Purchaser within five (5) days of the date of Purchaser's notice of objection to title matters as to whether Seller will cure the matters objected to by Purchaser at or prior to Closing and such undertaking to cure, if any, shall be a binding obligation of Seller under this Agreement. In the event Seller fails to cure an Unpermitted Exception at or prior to Closing, Purchaser may terminate this Agreement and receive a return of the Earnest Money or may elect to proceed to close hereunder and take a credit at closing in the aggregate amount of any Monetary Liens. At Closing Seller shall pay to bring the Commitment to policy, with coverage over the standard, pre-printed exceptions and subject only to the Permitted Exceptions and the cost of the Endorsements. 8. Survey. Seven days prior to Closing, Seller, at Seller’s expense, shall deliver or cause to be delivered to Purchaser or Purchaser’s agent a survey (the “Survey”) of the Real Estate dated on or after the date hereof prepared by a licensed Illinois land surveyor and certified by said surveyor to Purchaser and the Title Company. The Survey shall (i) set forth the legal description of the Real Estate, (ii) contain the common address of the Real Estate, (iii) locate all buildings, improvements, easements, set-back lines and rights-of-way upon or adjacent to the Real Estate, (iv) locate all adjoining streets, and (v) show no encroachments by 300 of 508 4 improvements located on the Real Estate onto adjoining properties (to the extent that any such encroachments exist, such are hereinafter referred to as “Survey Defects”). The legal description of the Real Estate as it appears on the Survey shall be consistent with the legal description of the Real Estate as it appears on the Commitment (as hereinafter defined). 9. Tax Prorations and Transfer Stamps. Seller shall pay all general real estate taxes as may be due and owing as of the date of Closing, with Purchaser given credit at Closing against the Purchase Price for Seller's share of such taxes not yet due. If the amount of such unpaid taxes is not definitely ascertainable, such credit and prorating shall be on the basis of 105% of the most recent bill. Special assessments which are confirmed against the Real Estate prior to Closing shall be paid in full by Seller. Transfer stamps, if any, for the conveyance provided herein shall be paid by Seller. Any proratable items shall be prorated as of the date of possession. No post-closing re-prorations shall occur. 10. Default. If the Purchaser defaults, earnest money shall be forfeited and paid to Seller as Seller's sole remedy for such default at law or equity. If Seller defaults, earnest money, at the option of Purchaser shall be refunded to Purchaser, but such refunding shall not release Seller from its obligations under this agreement; notwithstanding the foregoing, Purchaser’s remedy shall be limited to an action for specific performance and direct damages (expressly excluding consequential and punitive damages, loss of profits, and similar items). In the event of a dispute as to which party is entitled to the earnest money, the Escrowee may deposit the escrowed funds with the Clerk of the Circuit Court pending final resolution. The prevailing party in any action shall be due its costs and reasonable attorney’s fees. 11. Escrow. At the election of either party, upon notice to the other not less than five (5) days prior to the time of Closing, this sale shall be closed through an escrow at Chicago Title Insurance Company in accordance with the general provisions of the usual form of Deed and Money Escrow Agreement then in use by Chicago Title Insurance Company, with such special provisions inserted in the escrow agreement as may be required to conform with this agreement. Upon the creation of such escrow, anything herein to the contrary notwithstanding, payment of the purchase price and delivery of the deed shall be made through the escrow and this contract and the earnest money shall be deposited in the escrow. The parties shall equally share the cost of the escrow. 12. Time. Time is of the essence in this agreement. 13. Notices. All notices required herein shall be in writing and shall be served on the parties at the addresses following their signatures. The serving of a notice by facsimile transmission to a party’s respective attorneys and other persons indicated below shall be sufficient; any other service shall be by a nationally recognized, overnight courier. If to Seller: City of Evanston Wally Bobkiewicz, City Manager 2100 Ridge Avenue Evanston, IL 60201 With a copy to: City of Evanston W. Grant Farrar, Corporation Counsel 2100 Ridge Avenue 301 of 508 5 Evanston, IL 60201 If to Purchaser: Mark Hammergren 1129 Sherman Avenue Evanston, IL 60201 14. Assignment. Purchaser may assign this Agreement to another entity only with Seller’s written consent, which shall not be unreasonably withheld, conditioned, and/or delayed. 20. Seller’s Representations. Seller hereby represents, covenants and warrants to Purchaser as follows, each of which is true and correct as of the Effective Date, and shall be true and correct at Closing and shall survive the Closing and shall not merge into the deed: (A) Seller is the record owner of the Property, has the full power, right and authority to grant the rights provided under this Agreement, to assign and convey the Property, subject to any and all leases, and to consummate this transaction, all as herein provided; (B) Except as is listed below, Seller and agents of Seller, based upon Seller’s actual knowledge (defined below), have received no threat or notice of the commencement of any legal action against Seller for the damaging, taking or acquiring of, or in connection with all or any part of, the Property and there is no pending or threatening eminent domain, condemnation or other governmental taking of the Property or any part thereof. If, prior to the Closing Date, all or any portion of the Real Estate is condemned or taken by eminent domain, or Seller becomes aware of or receives a notice of a proposed condemnation, Seller shall, within ten (10) days following any of the above events, give Purchaser notice thereof in writing. If a condemnation or taking in fact occurs and such condemnation or taking is substantial (as hereinafter provided), then notwithstanding anything to the contrary herein, Purchaser shall have the option, exercisable by notice to Seller given within ten (10) days following Seller’s notice to Purchaser of such condemnation or taking, to terminate this Agreement, whereupon this Agreement shall be terminated, the Earnest Money Deposit and interest thereon shall forthwith be returned to Purchaser and thereafter neither party shall have any further rights or obligations hereunder. If (a) Purchaser does not elect to terminate this Agreement in the event of a substantial condemnation or taking, or (b) such condemnation or taking is not substantial, Seller shall convey the Property on the Closing Date to Purchaser in its then condition, upon and subject to all of the other terms and conditions of this Agreement, and assign to Purchaser all of Seller’s right, title and interest in and to any claims Seller may have to the condemnation awards and/or any causes of action with respect to such condemnation or taking of the Real Estate and pay to Purchaser all payments theretofore made to Seller by such condemning authorities. A condemnation or taking shall be deemed substantial if it results in the inability of Purchaser to construct Purchaser’s development as contemplated by this Agreement: NONE (C) Based upon Seller’s actual knowledge, Seller or agents of Seller have received no notices from any governmental authority of zoning, building, licensing, permit, fire, or health code violations in respect to the Real Estate or which to a material extent could adversely affect the financial condition or continued operation of Seller, nor are any licenses or permits 302 of 508 6 existing or required to be obtained from any governmental authority affecting the Property except as follows: NONE (D) Based upon Seller’s actual knowledge, there is no pending or threatened litigation, claims, demands or liens with respect to the Property or which to a material extent could adversely affect the financial condition or continued operation of Seller except as follows: NONE (E) Based upon Seller’s actual knowledge, all water lines, sanitary sewers, storm sewers, electric, gas, telephone or other utilities or services are located on the Real Estate and appropriate utility easements permitting use and service of said utilities are of record; notwithstanding the foregoing, Seller shall not be required to secure any easements which are not of record, or to secure any amendments to recorded instruments; (F) Based upon Seller’s knowledge, no fact or condition exists which could result in the termination or impairment of access to the Real Estate from adjoining public streets or which could result in discontinuance of presently available or otherwise necessary sewer, water, electric, gas, telephone or other utilities or services; (G) Based upon Seller’s knowledge: (i) the Property is not in violation of any Federal, State or local law, ordinance or regulation relating to industrial hygiene or to the environmental conditions on or under the Property including but not limited to, soil and ground water conditions; (ii) there are no environmental, health or safety hazards on or under the Property, including, but not limited to soil and ground water conditions; For purposes of this Agreement hazardous material means and includes, without limitation, definitions found in 42 U.S.C 9601 et seq. (CERCLA); 42 U.S.C. 6901 et. seq. (SWDA) as amended or hereafter amended; (i) petroleum including but not limited to crude oil or any fraction thereof which is liquid at standard conditions of temperature and pressure (60 degrees Fahrenheit and 14.7 pounds per square inch absolute); (ii) asbestos in any form or condition, and (iii) any radioactive material, including, but not limited to, any source, special nuclear or by-product material as defined at 42 U.S.C. et. seq.; or (iv) that defined under any other applicable Federal, State, or local law, regulation, ordinance or requirement, all as amended or hereafter amended; (H) Based upon Seller’s actual knowledge, Seller and agents of Seller have not been subject to, or received any notice of, any private, administrative or judicial action, or notice of any intended private, administrative, or judicial action, relating to the presence or alleged presence of hazardous materials in, under, upon or emanating from the Property, , and there are no pending or threatened actions or proceedings (or notices or potential actions or proceedings) from any governmental agency or any other person or entity regarding any matter relating to health, safety, or protection of the environment; (I) Based upon Seller’s actual knowledge, there have not been and there are not any past or present events, conditions, circumstances, activities, practices, incidents or actions which could reasonably be expected to interfere with or prevent continued compliance with any Federal, State, or local law, regulation, ordinance or requirement relating to health and safety and protection of the environment or which may give rise to any legal liability, or otherwise form the basis of any claim, action, suit, proceeding, hearing or investigation against or involving the Property based on any Federal, State or local law, regulation, ordinance or 303 of 508 7 requirement relating to health, safety and protection of the environment or violation or alleged violation thereof; (J) Based upon Seller’s actual knowledge, the Real Estate is not located in the l00-year flood plain, flood way or wetlands. (K) Seller is not insolvent; (L) The performance by Seller of all the terms and provisions contained in this Agreement and in any and all other documents delivered to Purchaser shall not constitute an event of default under any other agreements to which Seller is now or hereafter may be a party, nor will any such acts in any way violate any statute, regulation or administrative direction; (M) Unless Purchaser defaults prior to the Closing Date or unless this Agreement is terminated prior to such date, then other than (i) physical changes, except repairs, to the Real Estate, if any, mentioned in this Agreement which Seller expressly agrees to make under the terms hereof, (ii) physical changes to the Property made by Seller to comply with applicable law, and (iii) ordinary wear and tear, Seller shall between the last date Purchaser makes an inspection and the Closing Date: (i) Advise Purchaser promptly of any litigation, arbitration, administrative hearing, or legislation before any governmental body or agency of which Seller is notified, concerning or affecting the Property which is instituted after the date hereof; (ii) Not further encumber the Property or modify the terms or condition of any existing encumbrances, if any; (iii) Not take, or omit to take any action that would have the effect of violating any of the representations, warranties, covenants and agreements of Seller contained in this Agreement; (iv) Without the prior consent of Purchaser, not enter into any new written or oral service agreement or other agreement with respect to the Property that will not be fully performed by the parties thereto on or before the Closing Date; (v) Keep observe and perform Seller’s material obligations as landlord under leases presently in effect, and as long as tenants are not in default under the leases, nor cause termination of any lease; (vi) Not amend any lease or enter into any new lease concerning the Property without the written consent of Purchaser and shall not amend any service agreement or enter into any new service agreement concerning the Property unless the same is terminable without penalty by the then owner of the Property upon not more than 30 days’ notice; (N) Based upon Seller’s actual knowledge, Seller is not aware of any unrecorded liens against the Property which will not be satisfied out of the Purchase Price; (O) All obligations of Seller arising from the ownership and operation of the Property which accrued prior to the Closing Date, including, but not limited to salaries, taxes, leasing commissions, and the like, have been paid as they become due or will be paid at or prior to Closing. Except for obligations for which provisions are herein made for proration or other adjustments at Closing, there will be no obligations of Seller with respect to the Property outstanding as of the Closing Date; 304 of 508 8 (P) Seller shall maintain, or cause to be maintained, in full force and effect (subject to any expiration thereof) until Closing the insurance policies covering the Property, and/or shall continue to self-insure as historically employed. Seller shall renew or replace any policy expiring before Closing with a policy having a term of beyond the Closing Date; (Q) Seller shall not withdraw, settle or otherwise compromise any protest or reduction proceeding affecting real estate taxes assessed against the Real Estate for any tax year in which the Closing is to occur or any subsequent tax year without the prior written consent of Purchaser, which consent shall not be unreasonably withheld; (R) The Seller is a municipal corporation and: (i) The execution of this Agreement on behalf of Seller by the person(s) who executed this Agreement on behalf of Seller has been duly approved; (ii) The execution by Seller of this Agreement and any other documents which may from time to time hereafter be executed by Seller and delivered to Purchaser shall not constitute a breach of any provision contained in the Articles of Incorporation or by-laws of Seller; and (iii) Seller is and during the term of this Agreement will continue to be in good standing in the state in which Seller is incorporated and the state in which the Property is located. 21. As-Is Conveyance. Except as expressly provided under this Agreement, Purchaser acknowledges and stipulates that the conveyance of the Property by Seller is strictly “as-is,” and “where-is,” with any and all faults, deficiencies, discrepancies, burdens, and obligations of any nature, type, and extent whatsoever, known or unknown, actual or contingent, existing, arising now, or at any time hereafter. The Seller will deliver the property free from construction debris, rubbish, and other garbage. The Seller will also cut the grass prior to Closing. 22. Representations, Warranties and Covenants of the Purchaser. Purchaser hereby represents, covenants and warrants to Seller as follows, each of which is true and correct as of the Effective Date, and shall be true and correct at Closing and shall survive the Closing and shall not merge into the deed: (A) Purchaser has all requisite power and authority to consummate the transaction contemplated by this Agreement and has by proper proceedings duly authorized the execution and delivery of this Agreement and consummation of the transaction contemplated hereby. (B) This Agreement when executed and delivered by Purchaser will constitute the valid and binding agreement of Purchaser enforceable against Purchaser in accordance with its terms. 23. Confidentiality. The parties shall maintain the terms of this Agreement and the transaction generally as confidential, including but not limited to any and all deliverables of Seller, disclosing such only on a commercially reasonable “need to know” basis. In the event a party requires disclosure to any other person, then such recipients shall be bound by the instant confidentiality requirement. 305 of 508 9 SELLER: PURCHASER: CITY OF EVANSTON MARK HAMMERGREN By:__________________________________ By: _______________________________ Wally Bobkiewicz Its: City Manager DATE: ________________________ DATE: ________________________ 306 of 508 For City Council meeting of June 25, 2012 Item A12 Ordinance 67-O-12: General Obligation Bond Issue for FY 2012 For Introduction To: Honorable Mayor and Members of the City Council Administration and Public Works Committee From: Martin Lyons, Assistant City Manager/Chief Financial Officer Subject: Approval of 2012 General Obligation Bond Issue Date: June 25, 2012 Recommended Action: Staff recommends approval of proposed ordinance number 67-O-12 for the FY 2012 bond issuance totaling $16.22M. The ordinance will be completed and signed after the bond sale date, which is tentatively scheduled for July 10, 2012. Funding Source: The proposed $16.22M debt issuance is comprised of $10.3M of unabated and $5.9M of abated General Obligation (G.O.) bonds. The proposed 2012 G.O. bond issuance will include $4.3M for the Capital Improvements Fund, $4.0M for the Sewer Fund and $4.4M for the Water Fund. In addition, the proposed 2012 bond issuance will refinance the remaining portion of the Series 2002C bonds, totaling $3.52M, of this amount, approximately $2.0M is unabated G.O. debt and the remaining $1.5M is abated debt for Special Service Area #5 (SSA #5). Funding sources for the proposed 2012 debt issuance are summarized in the table below: Funding Source Debt Type Amount 2012 Tax Levy Unabated 8,300,000$ Refinance 2002C Bonds (G.O. Portion) Unabated 2,005,000$ Water Fund Abated 4,400,000$ Refinance 2002C Bonds (SSA #5 Portion) Abated 1,515,000$ TOTAL 16,220,000$ Summary: Staff recommends approval of proposed ordinance number 67-O-12 for the FY 2012 bond issuance totaling $16.22M. As noted above, the proposed debt issuance is Memorandum 307 of 508 comprised of $10.3M of unabated and $5.9M of abated G.O. bonds. The breakdown of the proposed 2012 bond issuance by fund and type of debt is provided in the table below: Fund Unabated GO Bonds Abated GO Bonds TOTAL Capital Improvements Fund 4,300,000 - 4,300,000 Water Fund - 4,400,000 4,400,000 Sewer Fund 4,000,000 - 4,000,000 Refinance 2002C Bonds 2,005,000 1,515,000 3,520,000 TOTAL 10,305,000 5,915,000 16,220,000 As has been done previously, the City uses a parameters ordinance that provides a not to exceed limit for the bonds set at $16.22 million. This allows for any favorable issuance structure that is slightly above the par amount desired. Staff proposes combining these bond issuances in an effort to minimize bond issuance costs for the City. The bond sale is planned for July 10, 2012 with a closing date of July 26, 2012. A summary of the City’s current unabated debt and the impact of the proposed G.O. bond issuance are provided in the table below: Unabated Debt Summary Amount Beginning Unabated Debt (as of 1/1/12)108,743,940$ Proposed FY12 Unabated Debt Issuance (Excludes Refinance)8,300,000 FY12 Unabated Debt Payment 7,378,118 Projected Year End Unabated Debt (through 12/31/12)109,665,822$ Capital Improvement Program The FY 2012 Capital Improvement Program (CIP) was approved on November 28, 2011 and amended on June 11, 2012. The FY 2012 CIP amendments will have no impact on the City’s proposed 2012 bond issuance. The amended FY 2012 CIP authorized $14.4 in capital projects to be funded by new debt. Based on favorable bid pricing and available funds from previous year debt issuances and other sources, staff has determined the 2012 debt issuance for capital projects can be reduced by approximately $5.7M. A summary of the proposed adjustments to the 2012 debt issuance for capital projects is provided in the table below. 308 of 508 Fund Adopted 2012 Capital Debt Revised 2012 Capital Debt Change Capital Improvements Fund 5,703,213 4,300,000 (1,403,213) Howard-Ridge TIF 900,000 - (900,000) West Evanston TIF 2,270,000 - (2,270,000) Water Fund 4,795,000 4,400,000 (395,000) Sewer Fund 753,000 - (753,000) Total 14,421,213 8,700,000 (5,721,213) The proposed 2012 bond issue for capital projects includes approximately $4.3M in the Capital Improvements Fund and $4.4M in the Water Fund. Capital expenditures in the Howard-Ridge and West Evanston TIF Funds are being made for private development purposes. As a result, any bonds issued to pay for the capital expenditures in the TIFs would be taxable debt. In response, the City will not issue G.O. debt for TIF capital projects. Instead, the City will issue short-term (3 year) taxable debt with 1st Bank and Trust at a variable interest rate (London Interbank Offered Rate 1%). At the conclusion of the private investment projects in the TIFs and sale of property if appropriate, the remaining debt will be refinanced equal to the life of the TIF. As the table above indicates, the 2012 G.O. debt issuance for the Water Fund has been reduced by $395,000 and the G.O. debt issuance for the Sewer Fund has been reduced by $753,000. For the Water Fund, the proposed reduction is the result of favorable bid pricing for the Water Main Installation Project. For the Sewer Fund, capital projects will be funded by the Sewer Fund, rather than by G.O. debt. Sewer Fund In 2008, a cost of service study completed by Malcolm Pirnie indicated that revenue increases were needed in the Sewer Fund in order to cover operating, capital improvement and debt service costs. At a special City Council meeting on April 12, 2010, staff presented potential rate and property tax adjustments in an effort to increase revenue generation for the Sewer Fund. On October 11, 2010, the City Council elected to pursue the issuance of $17,000,000 in new Sewer Fund general obligation debt over a four year period. This scenario would allow the City to cover a portion of the existing annual debt service while avoiding an increase to the existing sewer rate. The selling of the $17,000,000 in bonds over a four year period was scheduled to take place according to the table below: 309 of 508 Fiscal Year Estimated Bond Issue 2010-11* 4,000,000$ 2011 4,000,000 2012 5,000,000 2013 4,000,000 TOTAL 17,000,000$ *Deferred to FY2011 As the table above indicates, there is a Sewer Fund debt issuance of $5M scheduled for FY 2012. However, staff projects the 2012 debt issuance to fund operating, capital improvement and debt service costs can be reduced by $1M. As a result, staff proposes issuing a total of $4M of unabated G.O. debt for the Sewer Fund in 2012. Refunding of Series 2002C Bonds Staff proposes the issuance of $3,520,000 in debt to refund a portion of the Series 2002C G.O. bonds. The original Series 2002C G.O. bond issue totaled $13,485,000. The proposed debt issuance would refund the remaining $3,520,000 of the Series 2002C G.O. bonds. Of the remaining $3.52M to be refunded, approximately $2.0M is unabated G.O. debt and the remaining $1.5M is abated debt for SSA #5. The estimated savings associated with the proposed refunding are projected to be approximately $300,000. Legislative History: N/A Attachments List of 2012 Debt Funded CIP Projects 2012 Bond Ordinance 67-O-12 310 of 508 12345678910111213141516171819202122232425262728293031323334ACDFVCITY OF EVANSTONGENERAL OBLIGATION DEBT ISSUANCE SUMMARYFISCAL YEAR 2012 FundingGO Debt Description Department SourceFundProposalService Center Parking Deck Structural and Waterproofing RepairsPRCS GO Unabated CIP 700,000 Police - Fire Roof ReplacementPRCS GO UnabatedCIP400,000 Civic Center Parking Lot ImprovementsPRCS GO Unabated CIP 350,000 Lakefront - Lagoon Area ImprovementsPRCS GO Unabated CIP 50,000 Fire Station #2 Boiler/Chimney Apparatus Floor Heating ReplacementPRCS GO UnabatedCIP210,000 Church Street Brick Sidewalk Replacement - Ridge to ChicagoPublic Works GO UnabatedCIP240,000 Church Street Rehab - Ridge to ChicagoPublic Works GO UnabatedCIP160,000 Citywide Pavement EvaluationPublic Works GO Unabated CIP 200,000 Davis Street Brick Sidewalk Replacement - Hinman to OrringtonPublic Works GO Unabated CIP 230,000 CIP Street Resurfacing - Watermain Projects IPublic Works GO UnabatedCIP900,000 New Salt DomePublic Works GO UnabatedCIP460,000 Service Center Locker Room RenovationsPublic Works GO UnabatedCIP400,000 Subtotal - CIP Fund4,300,000 Filter and Filter Roof RehabUtilitiesGO AbatedWater1,000,000 SCADA System ImprovementsUtilitiesGO Abated Water700,000 Water Main InstallationUtilities GO AbatedWater2,700,000 Subtotal - Water Fund4,400,000 Sewer Fund IEPA LoanUtilities GO UnabatedSewer4,000,000 Subtotal - Sewer Fund4,000,000 Refinance 2002C BondsN/AGO UnabatedN/A3,520,000 Subtotal - Refinance 2002C Bonds3,520,000 SUBTOTAL - UNABATED GENERAL OBLIGATION DEBT ISSUANCE11,820,000 SUBTOTAL - ABATED GENERAL OBLIGATION DEBT ISSUANCE4,400,000 TOTAL - PROPOSED BOND ISSUANCE16,220,000 Page 1 of 1311 of 508 3_2012 Bond Issuance Ordinance_FINAL 2187037 • TVM ORDINANCE NUMBER 67-O-12 AN ORDINANCE providing for the issuance of one or more series of not to exceed $16,220,000 General Obligation Corporate Purpose Bonds, Series 2012A, of the City of Evanston, Cook County, Illinois, for capital improvement and refunding purposes, authorizing the execution of one or more bond orders in connection therewith and providing for the levy and collection of a direct annual tax for the payment of the principal of and interest on said bonds. Introduced on the 25th day of June 2012. Adopted by the City Council on the 9th day of July 2012. Published in Pamphlet Form by Authority of the Corporate Authorities on the ____ day of July 2012. 312 of 508 -i- TABLE OF CONTENTS SECTION HEADING PAGE PREAMBLES .....................................................................................................................................1 SECTION 1. DEFINITIONS ......................................................................................................4 SECTION 2. INCORPORATION OF PREAMBLES ......................................................................8 SECTION 3. DETERMINATION TO ISSUE BONDS ...................................................................8 SECTION 4. BOND DETAILS. .................................................................................................8 SECTION 5. REGISTRATION OF BONDS; PERSONS TREATED AS OWNERS .........................10 SECTION 6. BOOK ENTRY PROVISIONS ..............................................................................11 SECTION 7. EXECUTION; AUTHENTICATION ......................................................................13 SECTION 8. REDEMPTION ....................................................................................................14 SECTION 9. FORM OF BONDS ..............................................................................................20 SECTION 10. SECURITY FOR THE BONDS..............................................................................26 SECTION 11. TAX LEVY; ABATEMENTS ...............................................................................26 SECTION 12. FILING WITH COUNTY CLERK .........................................................................27 SECTION 13. SALE OF BONDS; BOND ORDER(S); OFFICIAL STATEMENT ...........................27 SECTION 14. CONTINUING DISCLOSURE UNDERTAKING ....................................................29 SECTION 15. CREATION OF FUNDS AND APPROPRIATIONS .................................................30 SECTION 16. GENERAL TAX COVENANTS ............................................................................32 SECTION 17. CERTAIN SPECIFIC TAX COVENANTS .............................................................33 313 of 508 -ii- SECTION 18. MUNICIPAL BOND INSURANCE .......................................................................36 SECTION 19. RIGHTS AND DUTIES OF BOND REGISTRAR ....................................................36 SECTION 20. DEFEASANCE ...................................................................................................38 SECTION 21. PRIOR BONDS AND TAXES. ..............................................................................39 SECTION 22. PUBLICATION OF ORDINANCE .........................................................................39 SECTION 23. SEVERABILITY .................................................................................................39 SECTION 24. SUPERSEDER AND EFFECTIVE DATE ...............................................................40 LIST OF EXHIBITS A—FORM OF BOND ORDER B—CONTINUING DISCLOSURE UNDERTAKING 314 of 508 ORDINANCE NUMBER 67-O-12 AN ORDINANCE providing for the issuance of one or more series of not to exceed $16,220,000 General Obligation Corporate Purpose Bonds, Series 2012A, of the City of Evanston, Cook County, Illinois, for capital improvement and refunding purposes, authorizing the execution of one or more bond orders in connection therewith and providing for the levy and collection of a direct annual tax for the payment of the principal of and interest on said bonds. PREAMBLES WHEREAS A. The City of Evanston, Cook County, Illinois (the “City”), has a population in excess of 25,000, and pursuant to the provisions of the 1970 Constitution of the State of Illinois and particularly Article VII, Section 6(a) thereof, is a home rule unit and as such may exercise any power or perform any function pertaining to its government and affairs, including, but not limited to, the power to tax and to incur debt. B. Pursuant to the home rule provisions of Section 6 of Article VII, the City has the power to incur debt payable from ad valorem property tax receipts or from any other lawful source and maturing within 40 years from the time it is incurred without prior referendum approval. C. The City Council of the City (the “Corporate Authorities”) has determined it is necessary and convenient for the public health, safety, and welfare to provide for capital improvements at various locations throughout the City, including certain capital expenditures as detailed for the year 2012 in the City’s Capital Improvement Plan, as adopted by the Corporate Authorities, and to pay expenses incidental to such improvements and costs of issuance of bonds for such purpose (such improvements and related expenses and costs being the “Capital Improvement Project”) at an estimated cost of approximately $8,700,000; and, there being no funds on hand and allocable to the purpose, the Corporate Authorities have determined it is 315 of 508 -2- necessary and convenient to borrow not to exceed said sum of $8,700,000 at this time pursuant to the Act (as hereinafter defined) and, in evidence of such borrowing, to issue general obligation bonds of the City for such purpose in not to exceed such principal amount. D. The Corporate Authorities have further determined that it is advisable and in the best interests of the City to provide for the current payment of approximately $4,000,000 of the amounts due to the State of Illinois, in particular amounts due to the “Water Pollution Control Revolving Loan Fund” administered by the Illinois Environmental Protection Agency (the “IEPA”) under certain “Loan Agreements” (the “IEPA Loans”) entered into from time to time by the City with the IEPA to obtain funds for eligible sewer system projects of the City (such funding and related expenses and costs being the “IEPA Loan Funding”); and the Corporate Authorities have determined it is necessary and convenient to borrow not to exceed said sum of $4,000,000 at this time and, in evidence of such borrowing, to issue general obligation bonds of the City for such purpose in not to exceed such principal amount. E. The sewer system projects funded with the IEPA Loans have remaining useful lives beyond the term during which the borrowing represented by the Bonds (as hereinafter defined) will remain outstanding. F. The City has heretofore issued and there are now outstanding the following legal and validly binding and subsisting obligations of the City: 316 of 508 -3- GENERAL OBLIGATION CORPORATE PURPOSE AND REFUNDING BONDS, SERIES 2002C, DATED OCTOBER 1, 2002 Original Principal Amount: $20,250,000 Originally Due Serially (or Subject to Mandatory Redemption) on January 1 in the Years: 2003 to 2022 Amount Remaining Outstanding: $3,520,000 Amount Which May Be Refunded: $3,520,000 REMAINING OUTSTANDING BONDS AND BONDS WHICH MAY BE REFUNDED DUE (OR SUBJECT TO MANDATORY REDEMPTION) AND DESCRIBED AS FOLLOWS: JANUARY 1 OF THE YEAR AMOUNT ($) RATE OF INTEREST (%) AMOUNT WHICH MAY BE REFUNDED 2013 1,000,000 5.25 1,000,000 2014 1,000,000 5.25 1,000,000 20151 235,000 5.25 235,000 2016 235,000 5.25 235,000 20172 190,000 5.25 190,000 2018 190,000 5.25 190,000 20193 145,000 5.25 145,000 2020 145,000 5.25 145,000 20214 190,000 5.25 190,000 2022 190,000 5.25 190,000 which bonds (the “Prior Bonds” and those which may be refunded currently as shown in the table above the “Eligible Prior Bonds”) are now subject to redemption prior to maturity at the option of the City on any date at the redemption price of par and accrued interest. 1 Part of 2016 Term Bond 2 Part of 2018 Term Bond 3 Part of 2020 Term Bond 4 Part of 2022 Term Bond 317 of 508 -4- G. The Corporate Authorities have considered and determined that interest rates available in the bond market for the maturities to be refunded are currently more favorable for the City than they were at the time when the Prior Bonds were issued and that it is possible, proper, and advisable to provide for the timely refunding, if such favorable rates continue, of the Eligible Prior Bonds, and to provide for the payment and redemption thereof as same become due at the earliest practical date of redemption, to the end of taking advantage of the debt service savings which may result from such lower interest rates (which refunding may hereinafter be referred to as the “Refunding”). H. The Corporate Authorities hereby determine that it is advisable and in the best interests of the City to provide for the borrowing of not to exceed $3,520,000 at this time pursuant to the Act as hereinafter defined for the purpose of paying the costs of the Refunding and, in evidence of such borrowing, to provide for the issuance of general obligation bonds of the City for such purpose in not to exceed such principal amount. I. The Corporate Authorities have heretofore and it herby expressly is determined that it is desirable and in the best interests of the City that there be authorized at this time the borrowing of money for all of the purposes enumerated above (the Capital Improvement Project, the IEPA Loan Funding, and the Refunding) and, evidence of such borrowing, the issuance of the Bonds of the City, and that certain officers of the City be authorized to sell one or more series of such Bonds from time to time and, accordingly, it is necessary that said officers be so authorized with certain parameters as hereinafter set forth. NOW THEREFORE Be It Ordained by the City Council of the City of Evanston, Cook County, Illinois, in the exercise of its home rule powers, as follows: Section 1. Definitions. Words and terms used in this Ordinance shall have the meanings given them, unless the context or use clearly indicates another or different meaning is 318 of 508 -5- intended. Words and terms defined in the singular may be used in the plural and vice-versa. Reference to any gender shall be deemed to include the other and also inanimate persons such as corporations, where applicable. A. The following words and terms are as defined in the preambles. Capital Improvement Project City Corporate Authorities Eligible Prior Bonds IEPA IEPA Loans IEPA Loan Funding Prior Bonds Refunding B. The following words and terms are defined as set forth. “Act” means the Illinois Municipal Code, as supplemented and amended, and also the home rule powers of the City under Section 6 of Article VII of the Illinois Constitution of 1970; and in the event of conflict between the provisions of the code and home rule powers, the home rule powers shall be deemed to supersede the provisions of the code; and, further, includes the Local Government Debt Reform Act, as amended. “Ad Valorem Property Taxes” means the real property taxes levied to pay the Bonds as described and levied in (Section 11 of) this Ordinance. “Bond Counsel” means Chapman and Cutler LLP, Chicago, Illinois. “Bond Funds” means the Bond Funds established and defined in (Section 15 of) this Ordinance. 319 of 508 -6- “Bond Moneys” means the Ad Valorem Property Taxes and any other moneys deposited into the Bond Funds and investment income held in the Bond Funds. “Bond Order” means a Bond Order as authorized to be executed by Designated Officers of the City as provided in (Section 13 of) this Ordinance, substantially in the form (with related certificates) as attached hereto as Exhibit A, and by which the final terms of the Bonds will be established. “Bond Purchase Agreement” means the contract for the sale of each Series of the Bonds by and between the City and the Purchaser, which shall be in each instance the Official Bid Form, as executed, in response to an Official Notice of Sale given by the City in connection with the public competitive sale of each Series of the Bonds. “Bond Register” means the books of the City kept by the Bond Registrar to evidence the registration and transfer of the Bonds. “Bond Registrar” means Wells Fargo Bank, N.A., a national banking association, having trust offices located in the City of Chicago, Illinois, or its successors, in its capacity as bond registrar and paying agent under this Ordinance, or a substituted bond registrar and paying agent as hereinafter provided. “Bonds” means any of the one or more series of general obligation bonds of various names authorized to be issued by this Ordinance. “Book Entry Form” means the form of the Bonds as fully registered and available in physical form only to the Depository. “Code” means the Internal Revenue Code of 1986, as amended. “Continuing Disclosure Undertaking” means the undertaking by the City for the benefit of the Purchaser as authorized in (Section 14 of) this Ordinance and substantially in the form as attached hereto as Exhibit B. 320 of 508 -7- “County” means The County of Cook, Illinois. “County Clerk” means the County Clerk of the County. “Depository” means The Depository Trust Company, a limited purpose trust company organized under the laws of the State of New York, its successors, or a successor depository qualified to clear securities under applicable state and federal laws. “Designated Officers” means the City Manager and the Mayor, acting in concert. “Financial Advisors” means Public Financial Management, Inc. “Ordinance” means this Ordinance, numbered as set forth on the title page, and passed by the Corporate Authorities on the 9th day of July 2012. “Purchase Price” means the price to be paid for the Bonds as set forth in a Bond Order, provided that no Purchase Price for any Series of Bonds shall be less than 99% of the par value, plus accrued interest from the date of issue to the date of delivery. “Purchaser” means, for any Series of Bonds, the winning bidder at competitive sale. “Record Date” means the 15th day of the month preceding any regular or other interest payment date occurring on the first day of any month and 15 days preceding any interest payment date occasioned by the redemption of Bonds on other than the first day of a month. “Series” means any of the one or more separate series of the Bonds authorized to be issued pursuant to this Ordinance. “Tax-exempt” means, with respect to a Series of Bonds, the status of interest paid and received thereon as excludable from gross income of the owners thereof for federal income tax purposes and as not included as an item of tax preference in computing the alternative minimum tax for individuals and corporations under the Code, but as taken 321 of 508 -8- into account in computing an adjustment used in determining the federal alternative minimum tax for certain corporations. “Term Bonds” means Bonds subject to mandatory redemption by operation of the Bond Fund and designated as term bonds herein. C. Definitions also appear in the above preambles or in specific sections, as appearing below. The table of contents preceding and the headings in this Ordinance are for the convenience of the reader and are not a part of this Ordinance. Section 2. Incorporation of Preambles. The Corporate Authorities hereby find that all of the recitals contained in the preambles to this Ordinance are true, correct, and complete and do incorporate them into this Ordinance by this reference. Section 3. Determination To Issue Bonds. It is necessary and in the best interests of the City to provide for the Capital Improvement Project, the IEPA Loan Funding, and the Refunding, to pay all necessary or advisable related costs, and to borrow money and issue the Bonds for the purpose of paying a part of such costs. It is hereby found and determined that such borrowing of money is for a proper public purpose or purposes, is in the public interest, and is authorized pursuant to the Act; and these findings and determinations shall be deemed conclusive. Section 4. Bond Details. There shall be issued and sold the Bonds in one or more Series in the aggregate principal amount of not to exceed $16,220,000. The Bonds shall each be designated “General Obligation Corporate Purpose Bond, Series 2012A” or such other name or names or series designations as may be appropriate and as stated in the Bond Order; be dated the date of issuance thereof or such other date or dates on or prior to the initial date of issuance as may be set forth in the Bond Order, if it is determined therein to be a date better suited to the advantageous marketing of the Bonds (the “Dated Date”); and shall also bear the date of 322 of 508 -9- authentication thereof. The Bonds shall be fully registered and in Book Entry Form, shall be in denominations of $5,000 or integral multiples thereof (but no single Bond shall represent principal maturing on more than one date), and shall be numbered consecutively within a Series in such fashion as shall be determined by the Bond Registrar. The Bonds shall become due and payable serially or as Term Bonds (subject to right of prior redemption if so provided in the Bond Order) on December 1 of the years in which the Bonds are to mature. The Bonds shall mature in the amounts and in the years as shall be set forth in the relevant Bond Order, provided, however, that (a) the final date of maturity of the Bonds shall not extend past December 1, 2032 and (b) the sum of the principal of and interest on the portion of the Bonds issued to pay the costs of the Capital Improvement Project and the IEPA Funding, collectively, and due (or subject to mandatory redemption) in any given annual period from December 2 to the following December 1 (a “Bond Year”) shall not exceed $3,500,000. The portion of the Bonds to be issued to pay the costs of the Refunding, and all related costs and expenses incidental thereto, shall mature on December 1 of such years as shall be set forth in the Bond Order, and in such principal amounts as shall be set forth therein; provided, however, that the tax levy required for the timely payment of the principal of and interest on the portion of the Bonds allocated to the Refunding in any year shall not exceed the tax levy now on file for the Eligible Prior Bonds which are in fact refunded for the same year. Each Bond shall bear interest at a rate not to exceed seven percent (7.00%) from the later of its Dated Date as herein provided or from the most recent interest payment date to which interest has been paid or duly provided for, until the principal amount of such Bond is paid or duly provided for, such interest (computed upon the basis of a 360-day year of twelve 30-day months) being payable on June 1 and December 1 of each year, commencing on December 1, 2012, or such other June 1 or December 1 not later than one year beyond the Dated Date as shall be provided in a relevant Bond Order. Interest on each 323 of 508 -10- Bond shall be paid by check or draft of the Bond Registrar, payable upon presentation thereof in lawful money of the United States of America, to the person in whose name such Bond is registered at the close of business on the applicable Record Date and mailed to the registered owner of the Bond as shown in the Bond Registrar or at such other address furnished in writing by such Registered Owner, or as otherwise may be agreed with the Depository for so long as the Depository or its nominee is the registered owner as of a given Record Date. The principal of the Bonds shall be payable in lawful money of the United States of America upon presentation thereof at the office of the Bond Registrar maintained for the purpose or at successor Bond Register or locality. Section 5. Registration of Bonds; Persons Treated as Owners. The City shall cause books (the “Bond Register” as defined) for the registration and for the transfer of the Bonds as provided in this Ordinance to be kept at the office of the Bond Registrar maintained for such purpose, which is hereby constituted and appointed the registrar of the City for the Bonds. The City shall prepare, and the Bond Registrar or such other agent as the City may designate shall keep custody of, multiple Bond blanks executed by the City for use in the transfer and exchange of Bonds. Subject to the provisions of this Ordinance relating to the Bonds in Book Entry Form, any Bond may be transferred or exchanged, but only in the manner, subject to the limitations, and upon payment of the charges as set forth in this Ordinance. Upon surrender for transfer or exchange of any Bond at the office of the Bond Registrar maintained for the purpose, duly endorsed by or accompanied by a written instrument or instruments of transfer or exchange in form satisfactory to the Bond Registrar and duly executed by the registered owner or an attorney for such owner duly authorized in writing, the City shall execute and the Bond Registrar shall authenticate, date, and deliver in the name of the transferee or transferees or, in the case of an exchange, the registered owner, a new fully registered Bond or Bonds of like series and tenor, of 324 of 508 -11- the same maturity, bearing the same interest rate, of authorized denominations, for a like aggregate principal amount. The Bond Registrar shall not be required to transfer or exchange any Bond during the period from the close of business on the Record Date for an interest payment to the opening of business on such interest payment date or during the period of 15 days preceding the giving of notice of redemption of Bonds or to transfer or exchange any Bond all or any portion of which has been called for redemption. The execution by the City of any fully registered Bond shall constitute full and due authorization of such Bond, and the Bond Registrar shall thereby be authorized to authenticate, date and deliver such Bond; provided, however, the principal amount of Bonds of each series and maturity authenticated by the Bond Registrar shall not at any one time exceed the authorized principal amount of Bonds for such series and maturity less the amount of such Bonds which have been paid. The person in whose name any Bond shall be registered shall be deemed and regarded as the absolute owner thereof for all purposes, and payment of the principal of or interest on any Bond shall be made only to or upon the order of the registered owner thereof or his legal representative. All such payments shall be valid and effectual to satisfy and discharge the liability upon such Bond to the extent of the sum or sums so paid. No service charge shall be made to any registered owner of Bonds for any transfer or exchange of Bonds, but the City or the Bond Registrar may require payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in connection with any transfer or exchange of Bonds. Section 6. Book Entry Provisions. The Bonds shall be initially issued in the form of a separate single fully registered Bond for each Series and maturity bearing the same interest rate. Upon initial issuance, the ownership of each such Bond shall be registered in the Bond Register in the name of the Depository or a designee or nominee of the Depository (such depository or nominee being the “Book Entry Owner”). Except as otherwise expressly provided, all of the 325 of 508 -12- outstanding Bonds from time to time shall be registered in the Bond Register in the name of the Book Entry Owner (and accordingly in Book Entry Form as such term is used in this Ordinance). Any City officer, as representative of the City, is hereby authorized, empowered, and directed to execute and deliver or utilize a previously executed and delivered Letter of Representations or Blanket Letter of Representations (either being the “Letter of Representations”) substantially in the form common in the industry, or with such changes therein as the officer executing the Letter of Representations on behalf of the City shall approve, his or her execution thereof to constitute conclusive evidence of approval of such changes, as shall be necessary to effectuate Book Entry Form. Without limiting the generality of the authority given with respect to entering into such Letter of Representations, it may contain provisions relating to (a) payment procedures, (b) transfers of the Bonds or of beneficial interests therein, (c) redemption notices and procedures unique to the Depository, (d) additional notices or communications, and (e) amendment from time to time to conform with changing customs and practices with respect to securities industry transfer and payment practices. With respect to Bonds registered in the Bond Register in the name of the Book Entry Owner, none of the City, any City officer, or the Bond Registrar shall have any responsibility or obligation to any broker-dealer, bank, or other financial institution for which the Depository holds Bonds from time to time as securities depository (each such broker-dealer, bank, or other financial institution being referred to herein as a “Depository Participant”) or to any person on behalf of whom such a Depository Participant holds an interest in the Bonds. Without limiting the meaning of the immediately preceding sentence, the City, any City officer, and the Bond Registrar shall have no responsibility or obligation with respect to (a) the accuracy of the records of the Depository, the Book Entry Owner, or any Depository Participant with respect to any ownership interest in the Bonds, (b) the delivery to any Depository Participant or any other person, other than a registered 326 of 508 -13- owner of a Bond as shown in the Bond Register or as otherwise expressly provided in the Letter of Representations, of any notice with respect to the Bonds, including any notice of redemption, or (c) the payment to any Depository Participant or any other person, other than a registered owner of a Bond as shown in the Bond Register, of any amount with respect to principal of or interest on the Bonds. No person other than a registered owner of a Bond as shown in the Bond Register shall receive a Bond certificate with respect to any Bond. In the event that (a) the City determines that the Depository is incapable of discharging its responsibilities described herein and in the Letter of Representations, (b) the agreement among the City, the Bond Registrar, and the Depository evidenced by the Letter of Representations shall be terminated for any reason, or (c) the City determines that it is in the best interests of the City or of the beneficial owners of a Series of the Bonds either that they be able to obtain certificated Bonds or that another depository is preferable, the City shall notify the Depository and the Depository shall notify the Depository Participants of the availability of Bond certificates, and the Bonds (of a given Series if applicable) shall no longer be restricted to being registered in the Bond Register in the name of the Book Entry Owner. Alternatively, at such time, the City may determine that the Bonds of such Series shall be registered in the name of and deposited with a successor depository operating a system accommodating Book Entry Form, as may be acceptable to the City, or such depository’s agent or designee, but if the City does not select such alternate book entry system, then the Bonds of such Series shall be registered in whatever name or names registered owners of Bonds transferring or exchanging Bonds shall designate, in accordance with the provisions of this Ordinance. Section 7. Execution; Authentication. The Bonds shall be executed on behalf of the City by the manual or duly authorized facsimile signature of its Mayor and attested by the manual or duly authorized facsimile signature of its City Clerk, as they may determine, and shall 327 of 508 -14- be impressed or imprinted with the corporate seal or facsimile seal of the City. In case any such officer whose signature shall appear on any Bond shall cease to be such officer before the delivery of such Bond, such signature shall nevertheless be valid and sufficient for all purposes, the same as if such officer had remained in office until delivery. All Bonds shall have thereon a certificate of authentication, substantially in the form provided, duly executed by the Bond Registrar as authenticating agent of the City and showing the date of authentication. No Bond shall be valid or obligatory for any purpose or be entitled to any security or benefit under this Ordinance unless and until such certificate of authentication shall have been duly executed by the Bond Registrar by manual signature, and such certificate of authentication upon any such Bond shall be conclusive evidence that such Bond has been authenticated and delivered under this Ordinance. Section 8. Redemption. The Bonds may be subject to redemption on the terms set forth below. A. Optional Redemption. If so provided in the relevant Bond Order, any Bonds may be subject to redemption prior to maturity at the option of the City, in whole or in part on any date, at such times and at such optional redemption prices as shall be determined by the Designated Officers in the relevant Bond Order. Such optional redemption prices shall be expressed as a percentage of the principal amount of Bonds to be redeemed, provided that such percentage shall not exceed one hundred three percent (103%) plus accrued interest to the date of redemption. If less than all of the outstanding Bonds of a Series are to be optionally redeemed, the Bonds to be called shall be called from such Series, in such principal amounts, and from such maturities as may be determined by the City and within any maturity in the manner hereinafter provided. As provided in the Bond Order, some portion or all of the Bonds may be made not subject to optional redemption. 328 of 508 -15- B. Term Bonds; Mandatory Redemption and Covenants; Effect of Purchase or Optional Redemption of Term Bonds. The Bonds of any Series may be subject to mandatory redemption (as Term Bonds) as provided in a Bond Order; provided, however, that in such event the amounts due pursuant to mandatory redemption shall be the amounts used to satisfy the test set forth in (Section 4 of) this Ordinance for the maximum amounts of principal and interest due on the Bonds in any given Bond Year. Bonds designated as Term Bonds shall be made subject to mandatory redemption by operation of the Bond Fund at a price of not to exceed par and accrued interest, without premium, on December 1 of the years and in the amounts as shall be determined in a Bond Order. The City covenants that it will redeem Term Bonds pursuant to the mandatory redemption requirement for such Term Bonds. Proper provision for mandatory redemption having been made, the City covenants that the Term Bonds so selected for redemption shall be payable as at maturity, and taxes shall be levied and collected as provided herein accordingly. If the City redeems pursuant to optional redemption as may be provided or purchases Term Bonds of any maturity and cancels the same from Bond Moneys as hereinafter described, then an amount equal to the principal amount of Term Bonds so redeemed or purchased shall be deducted from the mandatory redemption requirements provided for Term Bonds of such maturity, first, in the current year of such requirement, until the requirement for the current year has been fully met, and then in any order of such Term Bonds as due at maturity or subject to mandatory redemption in any year, as the City shall determine. If the City redeems pursuant to optional redemption as may be provided or purchases Term Bonds of any maturity and cancels the same from moneys other than Bond Moneys, then an amount equal to the principal amount of Term Bonds so redeemed or purchased shall be deducted from the amount of such Term Bonds as due at maturity or subject to mandatory redemption requirement in any year, as the City shall determine. 329 of 508 -16- C. Redemption Procedures. Any Bonds subject to redemption shall be identified, notice given, and paid and redeemed pursuant to the procedures as follows. (1) Redemption Notice. For a mandatory redemption, unless otherwise notified by the City, the Bond Registrar will proceed on behalf of the City as its agent to provide for the mandatory redemption of such Term Bonds without further order or direction hereunder or otherwise. For an optional redemption, the City, shall, at least 45 days prior to any optional redemption date (unless a shorter time period shall be satisfactory to the Bond Registrar), notify the Bond Registrar of such redemption date and of the Series, principal amounts, and maturities of Bonds to be redeemed and, if applicable, the effect on any schedule of mandatory redemption of Term Bonds. (2) Selection of Bonds within a Maturity. For purposes of any redemption of less than all of the Bonds of a Series of a single maturity, the particular Bonds or portions of Bonds of that Series to be redeemed shall be selected by lot by the Bond Registrar for the Bonds of that Series of such maturity by such method of lottery as the Bond Registrar shall deem fair and appropriate; provided, that such lottery shall provide for the selection for redemption of Bonds or portions thereof so that any $5,000 Bond or $5,000 portion of a Bond shall be as likely to be called for redemption as any other such $5,000 Bond or $5,000 portion. The Bond Registrar shall make such selection (a) upon or prior to the time of the giving of official notice of redemption, or (b) in the event of a refunding or defeasance, upon advice from the City that certain Bonds have been refunded or defeased and are no longer Outstanding as defined. (3) Official Notice of Redemption. The Bond Registrar shall promptly notify the City in writing of the Bonds or portions of Bonds selected for redemption and, in the case of any Bond selected for partial redemption, the principal amount thereof to be 330 of 508 -17- redeemed. Unless waived by the registered owner of Bonds to be redeemed, official notice of any such redemption shall be given by the Bond Registrar on behalf of the City by mailing the redemption notice by first class U.S. mail not less than 30 days and not more than 60 days prior to the date fixed for redemption to each registered owner of the Bond or Bonds to be redeemed at the address shown on the Bond Register or at such other address as is furnished in writing by such registered owner to the Bond Registrar. All official notices of redemption shall include the name of the Bonds and at least the information as follows: (a) the redemption date; (b) the redemption price; (c) if less than all of the outstanding Bonds of a Series of a particular maturity are to be redeemed, the identification (and, in the case of partial redemption of Bonds of that Series within such maturity, the respective principal amounts) of the Bonds to be redeemed; (d) a statement that on the redemption date the redemption price will become due and payable upon each such Bond or portion thereof called for redemption and that interest thereon shall cease to accrue from and after said date; and (e) the place where such Bonds are to be surrendered for payment of the redemption price, which place of payment shall be the office designated for that purpose of the Bond Registrar. (4) Conditional Redemption. Unless moneys sufficient to pay the redemption price of the Bonds to be redeemed shall have been received by the Bond Registrar prior to the giving of such notice of redemption, such notice may, at the option of the City, 331 of 508 -18- state that said redemption shall be conditional upon the receipt of such moneys by the Bond Registrar on or prior to the date fixed for redemption. If such moneys are not received, such notice shall be of no force and effect, the City shall not redeem such Bonds, and the Bond Registrar shall give notice, in the same manner in which the notice of redemption was given, that such moneys were not so received and that such Bonds will not be redeemed. (5) Bonds Shall Become Due. Official notice of redemption having been given as described, the Bonds or portions of Bonds so to be redeemed shall, subject to the stated condition in the paragraph (4) immediately preceding, on the redemption date, become due and payable at the redemption price therein specified; and from and after such date (unless the City shall default in the payment of the redemption price) such Bonds or portions of Bonds shall cease to bear interest. Upon surrender of such Bonds for redemption in accordance with said notice, such Bonds shall be paid by the Bond Registrar at the redemption price. The procedure for the payment of interest due as part of the redemption price shall be as herein provided for payment of interest otherwise due. (6) Insufficiency in Notice Not Affecting Other Bonds; Failure to Receive Notice; Waiver. Neither the failure to mail such redemption notice, nor any defect in any notice so mailed, to any particular registered owner of a Bond, shall affect the sufficiency of such notice with respect to other registered owners. Notice having been properly given, failure of a registered owner of a Bond to receive such notice shall not be deemed to invalidate, limit, or delay the effect of the notice or redemption action described in the notice. Such notice may be waived in writing by a registered owner of a Bond entitled to receive such notice, either before or after the event, and such waiver shall be the equivalent of such notice. Waivers of notice by registered owners shall be filed with the 332 of 508 -19- Bond Registrar, but such filing shall not be a condition precedent to the validity of any action taken in reliance upon such waiver. In lieu of the foregoing official notice, so long as the Bonds are held in Book Entry Form, notice may be given as provided in the Letter of Representations; and the giving of such notice shall constitute a waiver by the Depository and the Book Entry Owner, as registered owner, of the foregoing notice. After giving proper notification of redemption to the Bond Registrar, as applicable, the City shall not be liable for any failure to give or defect in notice. (7) New Bond in Amount Not Redeemed. Upon surrender for any partial redemption of any Bond, there shall be prepared for the registered owner a new Bond or Bonds of like tenor, of authorized denominations, of the Series and the same maturity, and bearing the same rate of interest in the amount of the unpaid principal. (8) Effect of Nonpayment upon Redemption. If any Bond or portion of Bond called for redemption shall not be so paid upon surrender thereof for redemption, the principal shall become due and payable on demand, as aforesaid, but, until paid or duly provided for, shall continue to bear interest from the redemption date at the rate borne by the Bond or portion of Bond so called for redemption. (9) Bonds to Be Cancelled; Payment to Identify Bonds. All Bonds which have been redeemed shall be cancelled and destroyed by the Bond Registrar and shall not be reissued. Upon the payment of the redemption price of Bonds being redeemed, each check or other transfer of funds issued for such purpose shall bear the CUSIP number identifying, by issue and maturity, the Bonds being redeemed with the proceeds of such check or other transfer. (10) Additional Notice. The City agrees to provide such additional notice of redemption as it may deem advisable at such time as it determines to redeem Bonds, 333 of 508 -20- taking into account any requirements or guidance of the Securities and Exchange Commission, the Municipal Securities Rulemaking Board, the Governmental Accounting Standards Board, or any other federal or state agency having jurisdiction or authority in such matters; provided, however, that such additional notice shall be (a) advisory in nature, (b) solely in the discretion of the City (unless a separate agreement shall be made), (c) not be a condition precedent of a valid redemption or a part of the Bond contract, and (d) any failure or defect in such notice shall not delay or invalidate the redemption of Bonds for which proper official notice shall have been given. Reference is also made to the provisions of the Continuing Disclosure Undertaking of the City with respect to the Bonds, which may contain other provisions relating to notice of redemption of Bonds. (11) Bond Registrar to Advise City. As part of its duties hereunder, the Bond Registrar shall prepare and forward to the City a statement as to notices given with respect to each redemption together with copies of the notices as mailed. Section 9. Form of Bonds. The Bonds shall be in substantially the form hereinafter set forth; provided, however, that if the text of the Bonds is to be printed in its entirety on the front side of the Bonds, then the second paragraph on the front side and the legend “See Reverse Side for Additional Provisions” shall be omitted and the text of paragraphs set forth for the reverse side shall be inserted immediately after the first paragraph. 334 of 508 -21- [FORM OF BONDS - FRONT SIDE] REGISTERED REGISTERED NO. _____ $_________ UNITED STATES OF AMERICA STATE OF ILLINOIS THE COUNTY OF COOK CITY OF EVANSTON GENERAL OBLIGATION CORPORATE PURPOSE BOND, SERIES 2012[LETTER DESIGNATION] See Reverse Side for Additional Provisions. Interest Maturity Dated Rate: Date: December 1, ____ Date: __________ __, 2012 CUSIP: ________ Registered Owner: CEDE & CO. Principal Amount: KNOW ALL PERSONS BY THESE PRESENTS that the City of Evanston, Cook County, Illinois, a municipality, home rule unit, and political subdivision of the State of Illinois (the “City”), hereby acknowledges itself to owe and for value received promises to pay to the Registered Owner identified above, or registered assigns as hereinafter provided, on the Maturity Date identified above (but subject to right of prior redemption), the Principal Amount identified above and to pay interest (computed on the basis of a 360-day year of twelve 30-day months) on such Principal Amount from the later of the Dated Date of this Bond identified above or from the most recent interest payment date to which interest has been paid or duly provided for, at the Interest Rate per annum identified above, such interest to be payable on June l and December 1 of each year, commencing December 1, 2012, until said Principal Amount is paid or duly provided for. The principal of this Bond is payable in lawful money of the United States of America upon presentation hereof at the office maintained for that purpose at Wells Fargo Bank, N.A., located in the City of Chicago, Illinois, as paying agent and bond registrar (the “Bond 335 of 508 -22- Registrar”). Payment of interest shall be made to the Registered Owner hereof as shown on the registration books of the City maintained by the Bond Registrar at the close of business on the applicable Record Date. The Record Date shall be the 15th day of the month preceding any regular interest payment date or a redemption on the first day of any month and the 15th day preceding any other interest payment date which may be occasioned by a redemption of Bonds on a day other than the first day of any month. Interest shall be paid by check or draft of the Bond Registrar, payable upon presentation in lawful money of the United States of America, mailed to the address of such Registered Owner as it appears on such registration books, or at such other address furnished in writing by such Registered Owner to the Bond Registrar, or as otherwise agreed by the City and the Bond Registrar for so long as this Bond is held by a qualified securities clearing corporation as depository, or nominee, in Book Entry Form as provided for same. Reference is hereby made to the further provisions of this Bond set forth on the reverse hereof, and such further provisions shall for all purposes have the same effect as if set forth at this place. It is hereby certified and recited that all conditions, acts, and things required by the constitution and laws of the State of Illinois to exist or to be done precedent to and in the issuance of this Bond, including the Act, have existed and have been properly done, happened, and been performed in regular and due form and time as required by law; that the indebtedness of the City, represented by the Bonds, and including all other indebtedness of the City, howsoever evidenced or incurred, does not exceed any constitutional or statutory or other lawful limitation; and that provision has been made for the collection of a direct annual tax, in addition to all other taxes, on all of the taxable property in the City sufficient to pay the interest hereon as the same falls due and also to pay and discharge the principal hereof at maturity. 336 of 508 -23- This Bond shall not be valid or become obligatory for any purpose until the certificate of authentication hereon shall have been signed by the Bond Registrar. IN WITNESS WHEREOF the City of Evanston, Cook County, Illinois, by its City Council, has caused this Bond to be executed by the manual or duly authorized facsimile signature of its Mayor and attested by the manual or duly authorized facsimile signature of its City Clerk and its corporate seal or a facsimile thereof to be impressed or reproduced hereon, all as appearing hereon and as of the Dated Date identified above. _______________________________ Mayor, City of Evanston Cook County, Illinois ATTEST: ____________________________________ City Clerk, City of Evanston Cook County, Illinois [SEAL] 337 of 508 -24- [FORM OF AUTHENTICATION] CERTIFICATE OF AUTHENTICATION This Bond is one of the Bonds described in the within-mentioned Ordinance and is one of the General Obligation Corporate Purpose Bonds, Series 2012[Letter Designation], having a Dated Date of ____ __, 2012, of the City of Evanston, Cook County, Illinois. WELLS FARGO BANK, N.A. Chicago, Illinois as Bond Registrar Date of Authentication: ____________, ____ By _______________________________ Authorized Officer [FORM OF BONDS - REVERSE SIDE] This bond is one of a series of bonds (the “Bonds”) in the aggregate principal amount of $_____________ issued by the City for the purpose of paying a part of the costs of [the Capital Improvement Project, the funding of certain IEPA Loan payments due and a certain refunding of outstanding General Obligation Corporate Purpose and Refunding Bonds, Series 2002C of the City], and of paying expenses incidental thereto, all as described and defined in Ordinance Number 67-O-12 of the City, passed by the City Council on the ___ day of ______ 2012, authorizing the Bonds (the “Ordinance”), pursuant to and in all respects in compliance with the applicable provisions of the Illinois Municipal Code, as supplemented and amended, and as further supplemented and, where necessary, superseded, by the powers of the City as a home rule unit under the provisions of Section 6 of Article VII of the Illinois Constitution of 1970, and pursuant to the provisions of the Local Government Debt Reform Act, as amended (such code and powers, as supplemented, being the “Act”), and with the Ordinance, which has been duly executed by the Mayor, and published in pamphlet form, in all respects as by law required. 338 of 508 -25- This Bond is subject to provisions relating to redemption and notice thereof and other terms of redemption; provisions relating to registration, transfer, and exchange; and such other terms and provisions relating to security and payment as are set forth in the Ordinance; to which reference is hereby expressly made, and to all the terms of which the registered owner hereof is hereby notified and shall be subject. The City and the Bond Registrar may deem and treat the Registered Owner hereof as the absolute owner hereof for the purpose of receiving payment of or on account of principal hereof and interest due hereon and for all other purposes, and neither the City nor the Bond Registrar shall be affected by any notice to the contrary. [FORM OF ASSIGNMENT] ASSIGNMENT FOR VALUE RECEIVED, the undersigned sells, assigns and transfers unto Here insert Social Security Number, Employer Identification Number or other Identifying Number. ______________________________________________________________________________ ______________________________________________________________________________ (Name and Address of Assignee) the within Bond and does hereby irrevocably constitute and appoint ______________________________________________________________________________ as attorney to transfer the said Bond on the books kept for registration thereof with full power of substitution in the premises. Dated: ______________________________ ______________________________ Signature guaranteed: ______________________________ NOTICE: The signature to this transfer and assignment must correspond with the name of the Registered Owner as it appears upon the face of the within Bond in every particular, without alteration or enlargement or any change whatever. 339 of 508 -26- Section 10. Security for the Bonds. The Bonds are a general obligation of the City, for which the full faith and credit of the City are irrevocably pledged, and are payable from the levy of the Ad Valorem Property Taxes on all of the taxable property in the City, without limitation as to rate or amount. Section 11. Tax Levy; Abatements. For the purpose of providing funds required to pay the interest on the Bonds promptly when and as the same falls due, and to pay and discharge the principal thereof at maturity or as subject to mandatory redemption, there is hereby levied upon all of the taxable property within the City, in the years for which any of the Bonds are outstanding, a direct annual tax sufficient for that purpose for each Series of Bonds; and there is hereby levied upon all of the taxable property within the City, in the years for which any of the Bonds are outstanding, a direct annual tax (the “AD VALOREM PROPERTY TAXES” as defined) as shall be fully set forth in the Bond Order for each Series of the Bonds. Ad Valorem Property Taxes and other moneys on deposit in the Bond Fund from time to time (“Bond Moneys” as herein defined) shall be applied to pay principal of and interest on the Bonds. Interest on or principal of the Bonds coming due at any time when there are insufficient Bond Moneys to pay the same shall be paid promptly when due from current funds on hand in advance of the deposit of the Ad Valorem Property Taxes; and when the Ad Valorem Property Taxes shall have been collected, reimbursement shall be made to said funds in the amount so advanced. The City covenants and agrees with the purchasers and registered owners of the Bonds that so long as any of the Bonds remain outstanding the City will take no action or fail to take any action which in any way would adversely affect the ability of the City to levy and collect the Ad Valorem Property Taxes. The City and its officers will comply with all present and future applicable laws in order to assure that the Ad Valorem Property Taxes may lawfully be levied, extended, and collected as provided herein. In the event that funds from any other lawful source are made 340 of 508 -27- available for the purpose of paying any principal of or interest on the Bonds so as to enable the abatement of the taxes levied herein for the payment of same, the Corporate Authorities shall, by proper proceedings, direct the transfer of such funds to the Bond Fund, and shall then direct the abatement of the taxes by the amount so deposited. The City covenants and agrees that it will not direct the abatement of taxes until money has been deposited into the Bond Fund in the amount of such abatement. A certified copy or other notification of any such proceedings abating taxes may then be filed with the County Clerk in a timely manner to effect such abatement. Section 12. Filing with County Clerk. Promptly, after this Ordinance becomes effective and upon execution of the first Bond Order, a copy hereof, certified by the City Clerk, shall be filed with the County Clerk. Under authority of this Ordinance, the County Clerk shall in and for each of the years as set forth in each and every Bond Order ascertain the rate percent required to produce the aggregate Ad Valorem Property Taxes levied in each of such years; and the County Clerk shall extend the same for collection on the tax books in connection with other taxes levied in such years in and by the City for general corporate purposes of the City; and in each of those years such annual tax shall be levied and collected by and for and on behalf of the City in like manner as taxes for general corporate purposes for such years are levied and collected, without limit as to rate or amount, and in addition to and in excess of all other taxes. Section 13. Sale of Bonds; Bond Order(s); Official Statement. A. The Designated Officers are hereby authorized to proceed, without any further official authorization or direction whatsoever from the Corporate Authorities, to sell and deliver Bonds as herein provided. The Designated Officers shall be and are hereby authorized and directed to sell the Bonds to the Purchaser at not less than the Purchase Price, provided, however, that the following conditions shall also be met: 341 of 508 -28- (1) The Purchaser shall be the winning bidder at public competitive sale of the Series. (2) The Financial Advisors shall provide advice (in the form of written certificate or report) that the terms of the Bonds are fair and reasonable in light of current conditions in the market for obligations such as the Bonds. Nothing in this Section shall require the Designated Officers to sell the Bonds if in their judgment the conditions in the bond markets shall have markedly deteriorated from the time of adoption hereof, but the Designated Officers shall have the authority to sell the Bonds in any event so long as the limitations set forth in this Ordinance shall have been met. Incidental to any sale of the Bonds, the Designated Officers shall find and determine that no person responsible for sale of the Bonds and holding any office of the City either by election or appointment, is in any manner financially interested, either directly, in his or her own name, or indirectly, in the name of any other person, association, trust or corporation, in the agreement with the Purchaser for the purchase of the Bonds. B. Upon the sale of the Bonds of any Series, the Designated Officers and any other officers of the City as shall be appropriate shall be and are hereby authorized and directed to approve or execute, or both, such documents of sale of the Bonds of such Series as may be necessary, including, without limitation, a Bond Order, Preliminary Official Statement, Official Statement, Bond Purchase Agreement, and closing documents; such certifications, tax returns, and documentation as may be required by Bond Counsel, including, specifically, a tax agreement for the Bonds, to render their opinion(s) as to the Tax-exempt status of the interest on the Bonds. The Preliminary Official Statement relating to the Bonds, such document to be in substantially the form now on file with the City Clerk and available to the Mayor and Aldermen and to members of the interested public, is hereby in all respects authorized and approved; and the 342 of 508 -29- proposed use by the Purchaser of an Official Statement (in substantially the form of the Preliminary Official Statement but with appropriate variations to reflect the final terms of the Bonds) is also hereby authorized and approved. The Designated Officers are (or either of them is) hereby authorized to execute each Bond Purchase Agreement, their (his or her) execution to constitute full and complete approval of all necessary or appropriate completions and revisions as shall appear therein. Upon the sale of a Series of the Bonds, the Designated Officers so acting shall prepare the Bond Order for same, such document to be in substantially the form as set forth as Exhibit A attached hereto, which shall include the pertinent details of sale as provided herein, and which shall enumerate the levy of taxes to pay the Bonds, and such shall in due course be entered into the records of the City and made available to the Corporate Authorities. The authority to sell the Bonds pursuant to any Bond Order as herein provided shall expire on December 31, 2012. Section 14. Continuing Disclosure Undertaking. The Mayor or either of the Designated Officers of the City is hereby authorized, empowered, and directed to execute and deliver the Continuing Disclosure Undertaking in substantially the same form as now before the City as Exhibit B to this Ordinance, or with such changes therein as the officer executing the Continuing Disclosure Undertaking on behalf of the City shall approve, his or her execution thereof to constitute conclusive evidence of his or her approval of such changes. When the Continuing Disclosure Undertaking is executed and delivered on behalf of the City as herein provided, the Continuing Disclosure Undertaking will be binding on the City and the officers, employees, and agents of the City, and the officers, employees, and agents of the City are hereby authorized, empowered, and directed to do all such acts and things and to execute all such documents as may be necessary to carry out and comply with the provisions of the Continuing Disclosure Undertaking as executed. Notwithstanding any other provision of this Ordinance, the sole 343 of 508 -30- remedies for failure to comply with the Continuing Disclosure Undertaking shall be the ability of the beneficial owner of any Bond to seek mandamus or specific performance by court order, to cause the City to comply with its obligations under the Continuing Disclosure Undertaking. Section 15. Creation of Funds and Appropriations. A. There is hereby created the “Series 2012 Bonds Debt Service Account” (the “Bond Fund”), which shall be the fund for the payment of principal of and interest on all Series of the Bonds. Accrued interest, if any, received upon delivery of the Bonds shall be deposited into the Bond Fund and be applied to pay first interest coming due on the corresponding Series of Bonds. B. The Ad Valorem Property Taxes for each respective Series of Bonds shall either be deposited into the Bond Fund and used solely and only for paying the principal of and interest on the respective Series of Bonds or be used to reimburse a fund or account from which advances to the Bond Fund may have been made to pay principal of or interest on the Bonds prior to receipt of Ad Valorem Property Taxes. Interest income or investment profit earned in the Bond Fund shall be retained in said Bond Fund for payment of the principal of or interest on the respective Series of Bonds on the interest payment date next after such interest or profit is received or, to the extent lawful and as determined by the Corporate Authorities, transferred to such other fund as may be determined. The City hereby pledges, as equal and ratable security for the respective Series of Bonds, all present and future proceeds of the Ad Valorem Property Taxes for the sole benefit of the registered owners of the respective Series of Bonds, subject to the reserved right of the Corporate Authorities to transfer certain interest income or investment profit earned in the Bond Funds to other funds of the City, as described in the preceding sentence. C. The amount necessary from the proceeds of the each Series of Bonds shall be used to pay costs of issuance of the respective Series of Bonds and shall be deposited into a separate fund, hereby created, designated the “2012[Series Designation] Expense Fund.” Any 344 of 508 -31- disbursements from such fund shall be made from time to time as necessary. Any excess in said fund established for the Bonds shall be deposited into the Capital Improvement Project Fund hereinafter created after six months from the date of issuance of the Bonds. D. Provided that the Refunding portion of the Bonds is to be sold and delivered, the amount necessary from the proceeds of the Bonds, together with such money in the debt service funds for the Eligible Prior Bonds as may be advisable for the purpose, shall be used to provide for the Refunding, and the payment of such expenses as may be designated. The City Manager in conjunction with the officers of the City charged with administration of the City’s finances, shall then make provision for the call and redemption of the Eligible Prior Bonds to be refunded as soon as practicable after the delivery of Bonds to accomplish the Refunding. E. The proceeds of the Bonds issued for the IEPA Loan Funding shall promptly be applied by the City Manager, acting in conjunction with the officers of the City charged with administration of the City’s finances, to pay or prepay currently due or next payments due on the IEPA Loans in not to exceed the amount of $4,000,000. F. The remaining proceeds of the Bonds shall be set aside in a separate fund, hereby created, and designated as the “Series 2012 Capital Improvement Project Fund” (the “Capital Improvement Project Fund”), hereby created, and be used to pay costs of the Capital Improvement Project, including costs of issuance of the Bonds which for any reason are not paid from respective Expense Fund. G. Alternatively, the Finance Director may allocate proceeds of the Bonds otherwise designated for the Bond Fund, the Expense Fund, or the Capital Improvement Project Fund to one or more related funds of the City already in existence; provided, however, that this shall not relieve the City officers of the duty to account for the proceeds as herein provided. 345 of 508 -32- H. The Corporate Authorities reserve the right, as it becomes necessary from time to time, to revise the list of projects hereinabove set forth, to change priorities, to revise cost allocations between projects and to substitute projects, in order to meet current needs of the City; subject, however, to the various covenants set forth in this Ordinance and in related certificates given in connection with delivery of the Bonds and also subject to the obtaining of the opinion of Bond Counsel or of some other attorney or firm of attorneys whose opinions are generally acceptable to the purchasers in the national marketplace of governmental Tax-exempt obligations (“Other Bond Counsel”) that such changes or substitutions are proper under the Act and do not adversely affect the Tax-exempt status of the Tax-exempt Bonds. Section 16. General Tax Covenants. The City hereby covenants that it will not take any action, omit to take any action or permit the taking or omission of any action within its control (including, without limitation, making or permitting any use of the proceeds of the Bonds) if taking, permitting, or omitting to take such action would cause any of the Bonds to be an arbitrage bond or a private activity bond within the meaning of the Code, would otherwise cause the interest on the Bonds to be included in the gross income of the recipients thereof for federal income tax purposes. The City acknowledges that, in the event of an examination by the Internal Revenue Service of the exemption from Federal income taxation for interest paid on the Bonds, under present rules, the City may be treated as a “taxpayer” in such examination and agrees that it will respond in a commercially reasonable manner to any inquiries from the Internal Revenue Service in connection with such an examination. In furtherance of the foregoing provisions, but without limiting their generality, the City agrees: (a) through its officers, to make such further specific covenants, representations as shall be truthful, and assurances as may be necessary or advisable; (b) to comply with all representations, covenants, and assurances contained in certificates or agreements as may be prepared by Bond Counsel; (c) to consult with such Bond 346 of 508 -33- Counsel and to comply with such advice as may be given; (d) to file such forms, statements, and supporting documents as may be required and in a timely manner; and (e) if deemed necessary or advisable by its officers, to employ and pay fiscal agents, financial advisors, attorneys, and other persons to assist the City in such compliance. Section 17. Certain Specific Tax Covenants. A. None of the Bonds shall be a “private activity bond” as defined in Section 141(a) of the Code; and the City certifies, represents, and covenants as follows: (1) Not more than 5% of the net proceeds and investment earnings of the Bonds of any Series is to be used, or of any of the Prior Bonds or any of the IEPA Loans were used, directly or indirectly, in any activity carried on by any person other than a state or local governmental unit. (2) Not more than 5% of the amounts necessary to pay the principal of and interest on the Bonds of any Series will be derived, directly or indirectly, from payments with respect to any private business use by any person other than a state or local governmental unit. (3) None of the proceeds of the Bonds of any Series is to be used and none of the proceeds of any of the Prior Bonds or IEPA Loans were used, directly or indirectly, to make or finance loans to persons other than a state or local governmental unit. (4) Except as may be permitted by reference to the text above (at paragraph A (1) of this Section), no user of the real or personal property of the City acquired, constructed, or improved with the proceeds of the Bonds of any Series, any of the Prior Bonds or any of the IEPA Loans, other than the City or another governmental unit, will use the same on any basis other than the same basis as the general public; and except as noted, no person, other than the City or another governmental unit, will be a user of such 347 of 508 -34- property as a result of (i) ownership or (ii) actual or beneficial use pursuant to a lease, a management or incentive payment contract other than as expressly permitted by the Code, or (iii) any other arrangement. B. The Bonds shall not be “arbitrage bonds” under Section 148 of the Code; and the City certifies, represents, and covenants as follows: (1) With respect to the Capital Improvement Project, the City has heretofore incurred or within six months after delivery of the portion of the Bonds allocable to the Capital Improvement Project expects to incur substantial binding obligations to be paid for with money received from the sale of the portion of the Bonds allocable to the Capital Improvement Project, said binding obligations comprising binding contracts for the Capital Improvement Project in not less than the amount of 5% of the proceeds of the portion of the Bonds allocable to the Capital Improvement Project. (2) The City expects that more than 85% of the proceeds of the portion of the Bonds allocable to the Capital Improvement Project will be expended on or before three years for the purpose of paying the costs of the Capital Improvement Project. (3) The City expects that all of the principal proceeds of the portion of the Bonds allocable to the Capital Improvement Project and investment earnings thereon will be used, needed, and expended for the purpose of paying the costs of the Capital Improvement Project including expenses incidental thereto. (4) Work on the Capital Improvement Project is expected to proceed with due diligence to completion. (5) Except for the Bond Fund, the City has not created or established and will not create or establish any sinking fund reserve fund or any other similar fund to provide for the payment of the Bonds. The Bond Fund has been established and will be funded in 348 of 508 -35- a manner primarily to achieve a proper matching of revenues and debt service and will be depleted at least annually to an amount not in excess of 1/12th the particular annual debt service on the Bonds. Money deposited into the Bond Fund will be spent within a 13-month period beginning on the date of deposit, and investment earnings in the Bond Fund will be spent or withdrawn from the Bond Fund within a one-year period beginning on the date of receipt. (6) Amounts of money related to the Bonds of any Series required to be invested at a yield not materially higher than the yield on the Bonds of such Series, as determined pursuant to such tax certifications or agreements as the City officers may make in connection with the issuance of such Bonds, shall be so invested; and appropriate City officers are hereby authorized to make such investments. (7) Unless an applicable exception to Section 148(f) of the Code, relating to the rebate of “excess arbitrage profits” to the United States Treasury (the “Rebate Requirement”) is available to the City, the City will meet the Rebate Requirement. (8) Relating to applicable exceptions, any City officer charged with issuing the Bonds is hereby authorized to make such elections under the Code as such officer shall deem reasonable and in the best interests of the City. C. None of the proceeds of the Bonds of any Series will be used to pay, directly or indirectly, in whole or in part, for an expenditure that has been paid by the City prior to the date hereof except architectural or engineering costs incurred prior to commencement of any of the Capital Improvement Project or expenditures for which an intent to reimburse it as properly declared under Treasury Regulations Section 1.150-2. This Ordinance is in itself a declaration of official intent under Treasury Regulations Section 1.150-2 as to all costs of the Capital Improvement Project paid after the date hereof and prior to issuance of the Bonds. 349 of 508 -36- Section 18. Municipal Bond Insurance. In the event the payment of principal of and interest on a Series of the Bonds is insured pursuant to a municipal bond insurance policy (a “Municipal Bond Insurance Policy”) issued by a bond insurer (a “Bond Insurer”), and as long as such Municipal Bond Insurance Policy shall be in full force and effect, the City and the Bond Registrar agree to comply with such usual and reasonable provisions regarding presentment and payment of such Bonds, subrogation of the rights of the Bondholders to the Bond Insurer when holding such Bonds, amendment hereof, or other terms, as approved by any of the City officers on advice of counsel, his or her approval to constitute full and complete acceptance by the City of such terms and provisions under authority of this Section. Section 19. Rights and Duties of Bond Registrar. If requested by the Bond Registrar, any officer of the City is authorized to execute a mutually agreeable form of agreement between the City and the Bond Registrar with respect to the obligations and duties of the Bond Registrar under this Ordinance. In addition to the terms of such agreement and subject to modification thereby, the Bond Registrar by acceptance of duties under this Ordinance agrees (a) to act as bond registrar, paying agent, authenticating agent, and transfer agent as provided herein; (b) to maintain a list of Bondholders as set forth herein and to furnish such list to the City upon request, but otherwise to keep such list confidential to the extent permitted by law; (c) to cancel and/or destroy Bonds which have been paid at maturity or submitted for exchange or transfer; (d) to furnish the City at least annually a certificate with respect to Bonds cancelled and/or destroyed; and (e) to furnish the City at least annually an audit confirmation of Bonds paid, Bonds outstanding, and payments made with respect to interest on the Bonds. The City covenants with respect to the Bond Registrar, and the Bond Registrar further covenants and agrees as follows: 350 of 508 -37- (A) The City shall at all times retain a Bond Registrar with respect to the Bonds; it will maintain at the designated office(s) of such Bond Registrar a place or places where Bonds may be presented for payment, registration, transfer, or exchange; and it will require that the Bond Registrar properly maintain the Bond Register and perform the other duties and obligations imposed upon it by this Ordinance in a manner consistent with the standards, customs and practices of the municipal securities industry. (B) The Bond Registrar shall signify its acceptance of the duties and obligations imposed upon it by this Ordinance by executing the certificate of authentication on any Bond, and by such execution the Bond Registrar shall be deemed to have certified to the City that it has all requisite power to accept and has accepted such duties and obligations not only with respect to the Bond so authenticated but with respect to all the Bonds. Any Bond Registrar shall be the agent of the City and shall not be liable in connection with the performance of its duties except for its own negligence or willful wrongdoing. Any Bond Registrar shall, however, be responsible for any representation in its certificate of authentication on Bonds. (C) The City may remove the Bond Registrar at any time. In case at any time the Bond Registrar shall resign, shall be removed, shall become incapable of acting, or shall be adjudicated a bankrupt or insolvent, or if a receiver, liquidator, or conservator of the Bond Registrar or of the property thereof shall be appointed, or if any public officer shall take charge or control of the Bond Registrar or of the property or affairs thereof, the City covenants and agrees that it will thereupon appoint a successor Bond Registrar. The City shall give notice of any such appointment made by it to each registered owner of any Bond within twenty days after such appointment in any reasonable manner as the City shall select. Any Bond Registrar appointed under the provisions of this Section shall be a 351 of 508 -38- bank, trust company, or national banking association maintaining a corporate trust office in Illinois or New York, and having capital and surplus and undivided profits in excess of $100,000,000. The City Clerk of the City is hereby directed to file a certified copy of this Ordinance with the Bond Registrar. Section 20. Defeasance. Any Bond or Bonds (a) which are paid and cancelled; (b) which have matured and for which sufficient sums been deposited with the Bond Registrar to pay all principal and interest due thereon; or (c) (i) for which sufficient funds and Defeasance Obligations have been deposited with the Bond Registrar or similar institution to pay, taking into account investment earnings on such obligations, all principal of and interest on such Bond or Bonds when due at maturity, pursuant to an irrevocable escrow or trust agreement, (ii) accompanied by an opinion of Bond Counsel or Other Bond Counsel as to compliance with the covenants with respect to such Bonds, and (iii) accompanied by an express declaration of defeasance by the Corporate Authorities; shall cease to have any lien on or right to receive or be paid from Bond Moneys or the Bond Fund hereunder and shall no longer have the benefits of any covenant for the registered owners of outstanding Bonds as set forth herein as such relates to lien and security of the outstanding Bonds. All covenants relative to the Tax-exempt status of Tax-exempt Bonds; and payment, registration, transfer, and exchange; are expressly continued for all affected Bonds whether outstanding Bonds or not. For purposes of this section, “Defeasance Obligations” means (a) noncallable, non-redeemable, direct and general full faith and credit obligations of the United States Treasury (“Directs”), (b) certificates of participation or trust receipts in trusts comprised wholly of Directs or (c) other noncallable, non-redeemable, obligations unconditionally guaranteed as to timely payment to maturity by the United States Treasury. 352 of 508 -39- Section 21. Prior Bonds and Taxes. The taxes previously levied to pay principal of and interest on the Prior Bonds, to the extent such principal and interest is provided for from the proceeds of the Bonds as hereinabove described, shall be abated. The filing of a certificate of abatement with the County Clerk shall constitute authority and direction for the County Clerk to make such abatement. Such taxes as previously levied which are either on hand or cannot be abated (already in the process of extension or collection) shall be used for lawful purposes of the City, including the payment of debt service on the Bonds, so as to reduce the need for the levy of taxes for the Bonds. Section 22. Publication of Ordinance. A full, true, and complete copy of this Ordinance shall be published within ten days after passage in pamphlet form by authority of the Corporate Authorities. Section 23. Severability. If any section, paragraph, clause, or provision of this Ordinance shall be held invalid, the invalidity of such section, paragraph, clause, or provision shall not affect any of the other provisions of this Ordinance. 353 of 508 -40- Section 24. Superseder and Effective Date. All ordinances, resolutions, and orders, or parts thereof, in conflict with this Ordinance, are to the extent of such conflict hereby superseded; and this Ordinance shall be in full force and effect immediately upon its passage, approval and publication. ADOPTED: This ___________ day of July 2012. AYES: _______________________________________________________________ NAYS: _______________________________________________________________ ABSENT: _______________________________________________________________ WITNESS: July _________, 2012 _______________________________ Mayor, City of Evanston Cook County, Illinois Published in pamphlet form by authority of the Corporate Authorities on July __, 2012. ATTEST: ____________________________________ City Clerk, City of Evanston Cook County, Illinois 354 of 508 EXTRACT OF MINUTES of the regular public meeting of the City Council of the City of Evanston, Cook County, Illinois, held at the City Hall, located at 2100 Ridge Avenue, in said City, at ____ p.m., on Monday, the 25th day of June 2012. The Mayor called the meeting to order and directed the City Clerk to call the roll. Upon the roll being called, the Mayor, Elizabeth B. Tisdahl, being physically present at such place and time, and the following Aldermen, being physically present at such place and time, answered present: __________________________________________________________ _____________________________________________________________________________ . The following Aldermen were allowed by a majority of the Aldermen in accordance with and to the extent allowed by rules adopted by the City Council to attend the meeting by video or audio conference: _____________________________________________________________ . No Alderman was denied permission to attend the meeting by video or audio conference. The following Aldermen were absent and did not participate in the meeting in any manner or to any extent whatsoever: ______________________________________________ . * * * * * * * * * * * * There being a quorum present, various business of the City was conducted. * * * * * * * * * * * * The City Council then discussed a proposed capital improvement program for the City and considered the introduction of an ordinance providing for the issuance of one or more series of General Obligation Corporate Purpose Bonds, Series 2012A of the City, authorizing the execution of one or more bond orders in connection therewith and providing for the levy and collection of a direct annual tax for the payment of the principal of and interest on said bonds. Thereupon, Alderman ____________ presented an ordinance entitled: 355 of 508 -2- AN ORDINANCE providing for the issuance of one or more series of not to exceed $16,220,000 General Obligation Corporate Purpose Bonds, Series 2012A, of the City of Evanston, Cook County, Illinois, for capital improvement and refunding purposes, authorizing the execution of one or more bond orders in connection therewith and providing for the levy and collection of a direct annual tax for the payment of the principal of and interest on said bonds. (the “Bond Ordinance”). A discussion of the matter followed. During the discussion, Alderman __________ gave a public recital of the nature of the matter, which included a reading of the title of the Bond Ordinance and review of the certain provisions of the ordinance, and the following further information. [Here insert further statements, if any] 356 of 508 -3- Alderman _______________ moved and Alderman _______________ seconded the motion that the Bond Ordinance as presented be introduced. The Mayor directed that the roll be called for a vote upon the motion to introduce the ordinance. Upon the roll being called, the following Aldermen voted AYE: ____________________ _____________________________________________________________________________ . and the following Aldermen voted NAY: ____________________________________________ WHEREUPON, the Mayor declared the motion carried and the ordinance introduced, and henceforth did approve and sign the same in open meeting, and did direct the City Clerk to record the same in full in the records of the City of Evanston, Cook County, Illinois. * * * * * * * * * * * * Other business was duly transacted at said meeting. * * * * * * * * * * * * Upon motion duly made and carried, the meeting adjourned. City Clerk 357 of 508 STATE OF ILLINOIS ) ) SS COUNTY OF COOK ) CERTIFICATION OF AGENDA AND INTRODUCTION MINUTES I, the undersigned, do hereby certify that I am the duly qualified and acting City Clerk of the City of Evanston, Cook County, Illinois (the “City”), and as such official I am the keeper of the official journal of proceedings, books, records, minutes, and files of the City and of the City Council (the “Corporate Authorities”) of the City. I do further certify that the foregoing extract of minutes is a full, true, and complete transcript of that portion of the minutes of the meeting (the “Meeting”) of the Corporate Authorities held on the 25th day of June 2012 insofar as the same relates to the introduction of an ordinance, numbered 67-O-12, entitled: AN ORDINANCE providing for the issuance of one or more series of not to exceed $16,220,000 General Obligation Corporate Purpose Bonds, Series 2012A, of the City of Evanston, Cook County, Illinois, for capital improvement and refunding purposes, authorizing the execution of one or more bond orders in connection therewith and providing for the levy and collection of a direct annual tax for the payment of the principal of and interest on said bonds. (the “Ordinance”) a true, correct, and complete copy of which Ordinance as introduced at the Meeting appears in the foregoing transcript of the minutes of the Meeting. I do further certify that the deliberations of the Corporate Authorities on the introduction of the Ordinance were taken openly; that the vote on the introduction of the Ordinance was taken openly; that the Meeting was held at a specified time and place convenient to the public; that notice of the Meeting was duly given to all newspapers, radio or television stations, and other news media requesting such notice; that an agenda (the “Agenda”) for the Meeting was posted at the location where the Meeting was held and at the principal office of the Corporate Authorities 358 of 508 -2- (both such locations being at City Hall) at least 48 hours in advance of the Meeting and also not later than 5:00 p.m. on Friday, June 22, 2012; that said Agenda contained a separate specific item relating to the consideration of the Ordinance and that a true, correct, and complete copy of said Agenda as so posted is attached to this certificate; that the Meeting was called and held in strict compliance with the provisions of the Open Meetings Act of the State of Illinois, as amended; and the Illinois Municipal Code, as amended; and that the Corporate Authorities have complied with all of the provisions of such Act and Code and with all of the procedural rules of the Corporate Authorities in the adoption of the Ordinance. IN WITNESS WHEREOF I hereunto affix my official signature and the seal of the City this ____ day of ____________ 2012. _______________________________ City Clerk [SEAL] 359 of 508 EXTRACT OF MINUTES of the regular public meeting of the City Council of the City of Evanston, Cook County, Illinois, held at the City Hall, located at 2100 Ridge Avenue, in said City, at ____ p.m., on Monday, the 9th day of July 2012. The Mayor called the meeting to order and directed the City Clerk to call the roll. Upon the roll being called, the Mayor, Elizabeth B. Tisdahl, being physically present at such place and time, and the following Aldermen, being physically present at such place and time, answered present: __________________________________________________________ _____________________________________________________________________________ . The following Aldermen were allowed by a majority of the Aldermen in accordance with and to the extent allowed by rules adopted by the City Council to attend the meeting by video or audio conference: _____________________________________________________________ . No Alderman was denied permission to attend the meeting by video or audio conference. The following Aldermen were absent and did not participate in the meeting in any manner or to any extent whatsoever: ______________________________________________ . * * * * * * * * * * * * There being a quorum present, various business of the City was conducted. * * * * * * * * * * * * The City Council then discussed a proposed capital improvement program for the City and considered an ordinance providing for the issuance of one or more series of General Obligation Corporate Purpose Bonds, Series 2012A of the City, authorizing the execution of one or more bond orders in connection therewith and providing for the levy and collection of a direct annual tax for the payment of the principal of and interest on said bonds. Thereupon, Alderman _____________ presented an ordinance entitled: 360 of 508 -2- AN ORDINANCE providing for the issuance of one or more series of not to exceed $16,220,000 General Obligation Corporate Purpose Bonds, Series 2012A, of the City of Evanston, Cook County, Illinois, for capital improvement and refunding purposes, authorizing the execution of one or more bond orders in connection therewith and providing for the levy and collection of a direct annual tax for the payment of the principal of and interest on said bonds. (the “Bond Ordinance”). A discussion of the matter followed. During the discussion, Alderman __________ gave a public recital of the nature of the matter, which included a reading of the title of the Bond Ordinance and review of the section headings, and the following further information. [Here insert further statements, if any] 361 of 508 -3- Alderman _______________ moved and Alderman _______________ seconded the motion that the Bond Ordinance as presented be adopted. The Mayor directed that the roll be called for a vote upon the motion to adopt the ordinance. Upon the roll being called, the following Aldermen voted AYE: ____________________ _____________________________________________________________________________ . and the following Aldermen voted NAY: ____________________________________________ WHEREUPON, the Mayor declared the motion carried and the ordinance adopted, and henceforth did approve and sign the same in open meeting, and did direct the City Clerk to record the same in full in the records of the City of Evanston, Cook County, Illinois. * * * * * * * * * * * * Other business was duly transacted at said meeting. * * * * * * * * * * * * Upon motion duly made and carried, the meeting adjourned. City Clerk 362 of 508 STATE OF ILLINOIS ) ) SS COUNTY OF COOK ) CERTIFICATION OF AGENDA, ADOPTION MINUTES AND ORDINANCE I, the undersigned, do hereby certify that I am the duly qualified and acting City Clerk of the City of Evanston, Cook County, Illinois (the “City”), and as such official I am the keeper of the official journal of proceedings, books, records, minutes, and files of the City and of the City Council (the “Corporate Authorities”) of the City. I do further certify that the foregoing extract of minutes is a full, true, and complete transcript of that portion of the minutes of the meeting (the “Meeting”) of the Corporate Authorities held on the 9th day of July 2012 insofar as the same relates to the adoption of an ordinance, numbered 67-O-12, entitled: AN ORDINANCE providing for the issuance of one or more series of not to exceed $16,220,000 General Obligation Corporate Purpose Bonds, Series 2012A, of the City of Evanston, Cook County, Illinois, for capital improvement and refunding purposes, authorizing the execution of one or more bond orders in connection therewith and providing for the levy and collection of a direct annual tax for the payment of the principal of and interest on said bonds. (the “Ordinance”) a true, correct, and complete copy of which Ordinance as adopted at the Meeting appears in the foregoing transcript of the minutes of the Meeting. I do further certify that the deliberations of the Corporate Authorities on the adoption of the Ordinance were taken openly; that the vote on the adoption of the Ordinance was taken openly; that the Meeting was held at a specified time and place convenient to the public; that notice of the Meeting was duly given to all newspapers, radio or television stations, and other news media requesting such notice; that an agenda (the “Agenda”) for the Meeting was posted at the location where the Meeting was held and at the principal office of the Corporate Authorities 363 of 508 -2- (both such locations being at City Hall) at least 48 hours in advance of the Meeting and also not later than 5:00 p.m. on Friday, July 6, 2012; that said Agenda contained a separate specific item relating to the consideration of the Ordinance and that a true, correct, and complete copy of said Agenda as so posted is attached to this certificate; that the Meeting was called and held in strict compliance with the provisions of the Open Meetings Act of the State of Illinois, as amended; and the Illinois Municipal Code, as amended; and that the Corporate Authorities have complied with all of the provisions of such Act and Code and with all of the procedural rules of the Corporate Authorities in the adoption of the Ordinance. IN WITNESS WHEREOF I hereunto affix my official signature and the seal of the City this ____ day of ____________ 2012. _______________________________ City Clerk [SEAL] 364 of 508 STATE OF ILLINOIS ) ) SS COUNTY OF COOK ) CERTIFICATE OF PUBLICATION IN PAMPHLET FORM I, the undersigned, do hereby certify that I am the duly qualified and acting City Clerk of the City of Evanston, Cook County, Illinois (the “City”), and as such official I am the keeper of the official journal of proceedings, books, records, minutes, and files of the City and of the City Council (the “Corporate Authorities”) of the City. I do further certify that on the ____ day of July 2012 there was published in pamphlet form, by authority of the City Council, a true, correct, and complete copy of Ordinance Number 67-O-12 of the City entitled: AN ORDINANCE providing for the issuance of one or more series of not to exceed $16,220,000 General Obligation Corporate Purpose Bonds, Series 2012A, of the City of Evanston, Cook County, Illinois, for capital improvement and refunding purposes, authorizing the execution of one or more bond orders in connection therewith and providing for the levy and collection of a direct annual tax for the payment of the principal of and interest on said bonds. and providing for the issuance of said bonds, and that the ordinance as so published was on that date readily available for public inspection and distribution, in sufficient number so as to meet the needs of the general public, at my office as City Clerk located in the City. IN WITNESS WHEREOF I have affixed hereto my official signature and the seal of the City this ____ day of July 2012. _______________________________ City Clerk [SEAL] 365 of 508 STATE OF ILLINOIS ) ) SS COUNTY OF COOK ) CERTIFICATE OF FILING I do hereby certify that I am the duly qualified and acting County Clerk of The County of Cook, Illinois, and as such officer I do hereby certify that on the ____ day of _________ 2012 there was filed in my office a properly certified copy of Ordinance Number 67-O-12, duly adopted by the City Council of the City of Evanston, Cook County, Illinois, on the 9th day of July 2012 and entitled: AN ORDINANCE providing for the issuance of one or more series of not to exceed $16,220,000 General Obligation Corporate Purpose Bonds, Series 2012A, of the City of Evanston, Cook County, Illinois, for capital improvement and refunding purposes, authorizing the execution of one or more bond orders in connection therewith and providing for the levy and collection of a direct annual tax for the payment of the principal of and interest on said bonds. and approved by the Mayor of said City, and that the same has been deposited in, and all as appears from, the official files and records of my office. IN WITNESS WHEREOF I have hereunto affixed my official signature and the seal of The County of Cook, Illinois, this ____ day of ______________ 2012. _______________________________ County Clerk of The County of Cook, Illinois [SEAL] 366 of 508 For City Council meeting of June 25, 2012 Item A13 Ordinance 68-O-12: Increasing Class C Liquor Licenses for Terra Restaurant For Introduction and Action To: Honorable Mayor and Members of the City Council Administration and Public Works Committee From: W. Grant Farrar, Corporation Counsel Wendy McCambridge, Administrative Adjudication Manager Subject: Ordinance 68-O-12, Increasing the Number of Class C Liquor Licenses to permit issuance to Montarra Restaurant Group Date: June 21, 2012 Recommended Action: The Local Liquor Commissioner recommends adoption of Ordinance 68-O-12. Request suspension of the Rules to permit Introduction and Action at the June 25, 2012 City Council meeting. Summary: Ordinance 68-O-12 amends Subsection 3-5-6-(C) of the Evanston City Code of 1979, as amended, to increase the number of Class C liquor licenses from 29 to 30 to permit issuance to Montarra Restaurant Group, LLC d/b/a Terra. The location is 2676 Green Bay Road. Legislative History: On June 18, 2012, the Liquor Control Review Board met and voted to recommend an increase in the number of Class C liquor licenses to permit issuance to Montarra Restaurant Group, LLC d/b/a Terra. Attachments: Ordinance 68-O-12 Application Memorandum 367 of 508 6/20/2012 68-O-12 AN ORDINANCE Amending City Code Subsection 3-5-6-(C) to Increase the Number of Class C Liquor Licenses from Twenty-Nine to Thirty (Montarra Restaurant Group LLC, d/b/a Terra, 2676 Green Bay Rd.) NOW BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS, THAT: SECTION 1: Section 3-5-6-(C) of the Evanston City Code of 1979, as amended, is hereby further amended by increasing the number of Class C liquor licenses from twenty-nine (29) to thirty (30), to read as follows: (C) CLASS C licenses, which shall authorize the retail sale in restaurants only of alcoholic liquor for consumption on the premises where sold. No such license may be granted to or retained by an establishment in which the facilities for food preparation and service are not primarily those of a “restaurant”, as defined in Section 3-5-1 of this Chapter. It shall be unlawful for any person licensed hereunder to sell "alcoholic liquor" at a "bar", as defined in Section 3-5-1 of this Chapter, except to persons attending a reception or party not open to the public. Alcoholic liquor may be sold in restaurants holding class C licenses only during the period when their patrons are offered a complete meal. The applicants for the renewal of such licenses may elect to pay the amount required herein semiannually or annually. Such election shall be made at the time of application. The annual single-payment fee for initial issuance or renewal of such license shall be . . . . . . . . . . . . $2,800.00 The total fee required hereunder for renewal applicants electing to make semiannual payments, payable pursuant to the provisions of Section 3-5-7 of this Chapter, shall be . . . . . . . . . . . . . . $2,940.00 No more than twenty-nine (29) thirty (30) such licenses shall be in force at any one time. SECTION 2: All ordinances or parts of ordinances in conflict herewith are hereby repealed. 368 of 508 68-O-12 ~2~ SECTION 3: 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. 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:_________________, 2012 Adopted:___________________, 2012 Approved: _________________________, 2012 ______________________________ Elizabeth B. Tisdahl, Mayor Attest: _______________________________ Rodney Greene, City Clerk Approved as to form: ______________________________ W. Grant Farrar, Corporation Counsel 369 of 508 370 of 508 371 of 508 372 of 508 373 of 508 374 of 508 375 of 508 376 of 508 377 of 508 378 of 508 379 of 508 380 of 508 381 of 508 382 of 508 383 of 508 384 of 508 385 of 508 386 of 508 387 of 508 388 of 508 389 of 508 390 of 508 For City Council meeting of June 25, 2012 Item A14 Ordinance 65-O-12: Amendment to Title 3, “Hotel-Motel Tax” For Action To: Honorable Mayor and Members of the City Council Administration and Public Works Committee From: Martin Lyons, Assistant City Manager/Chief Financial Officer Subject: Ordinance 65-O-12 Technical Amendment to Hotel-Motel Tax Ordinance Date: June 1, 2012 Recommended Action: Staff recommends adoption of Ordinance 65-O-12, amending Ordinance 28-O-73, an ordinance establishing the Hotel Tax. This Ordinance was originally adopted with the provision that hotel taxes would be deposited into the City’s General Fund. In 2000-01 as part of the Annual Budget approval these funds were moved to the Economic Development Fund. This amendment will update the City Code to equal current practice. This ordinance was introduced at the June 11, 2012 City Council meeting. Summary: The Governmental Accounting Standards Board Statement 54 (GASB 54) provides guidance on the necessary Council commitments to be passed for the direction and use of City revenues. This revenue commitment also establishes the classification of our given fund categories. In this case, the Economic Development Fund is classified as a Special Revenue Fund, because it derives funding from revenue specified for the mission of the fund. During the annual review of the City’s finances, our auditors from Baker, Tilly, Virchow, Krause (BTVK), noted that the Economic Development Fund and Hotel Tax were not properly defined such that the Economic Development Fund could be designated as a special revenue fund under GASB 54. Please note that this GASB statement did not exist in 2000-01 when Hotel Tax revenues were moved to the Economic Development Fund. Staff agrees with, and appreciates the work of BTVK in making this comment. A copy of the revised ordinance is attached. Attachments: Ordinance 65-O-12 Memorandum 391 of 508 6/5/2012 65-O-12 AN ORDINANCE Amending Portions of Title 3, Chapter 2, Section 4, “Hotel-Motel Tax” NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS, THAT: SECTION 1: Section 3-2-4-4, “Administration and Enforcement” of the Evanston City Code of 1979, as amended, is hereby further amended to read as follows: 3-2-4-4: - ADMINISTRATION AND ENFORCEMENT: The City Manager or his/her designee finance director is hereby designated as the administration and enforcement officer of the tax hereby imposed on behalf of the City city. It shall be the responsibility and duty of the City Manager or his/her designee finance director to collect all amounts due the City from the owners, operators and licensees of motels and hotels within the City. A sworn quarterly hotel and motel occupancy tax return shall be filed by each owner, operator or licensee of each hotel or motel in the City with the City Manager or his/her designee Finance Director, on forms prescribed by him/her, showing all receipts from each renting, leasing or letting of rooms during the preceding three (3) months. The dates upon which said quarterly returns are to be filed shall be provided by rules and regulations promulgated by the City Manager or his/her designee Finance Director. Each return shall be accompanied by payment to the City of all taxes due and owing for the quarter covered by the return; provided, however, that the person making said return may retain an amount of money equal to three percent (3%) of the tax due as compensation for services rendered in the collection and payment of such tax. The City Manager or his/her designee Finance Director, or any person certified by him/her as his/her deputy or representative, may enter the premises of any hotel or motel for the purposes of inspection and examination of its books and records for the proper administration of this 392 of 508 65-O-12 ~2~ Section, and for the enforcement of collection of the tax hereby imposed. It is unlawful for any person to prevent, hinder or interfere with the City Manager or his/her designee Finance Director or his/her duly authorized deputy or representative in the discharge of his/her duties hereunder. SECTION 2: Section 3-2-4-5, “Enforce Payment of Tax” of the Evanston City Code of 1979, as amended, is hereby further amended to read as follows: 3-2-4-5: - ENFORCE PAYMENT OF TAX: (A) Failure to Pay: Whenever any person shall fail to pay any taxes herein provided, or when any owner, operator or licensee of a hotel or motel in the City shall fail to collect the tax hereby imposed from any person who has the ultimate liability for payment of the same, the Corporation Counsel shall, upon request of the City Manager or his/her designee Finance Director, bring or cause to be brought an action to enforce the payment of said tax on behalf of the City in any court of competent jurisdiction. If the City Manager, after a hearing held by or for him/her, shall find that any hotel or motel owner, operator or licensee has willfully evaded his/her responsibility to collect the tax imposed by this Section, he may suspend or revoke all City licenses held by such tax evader. Said person shall have an opportunity to be heard at such hearing, to be held not less than five (5) days after notice of the time and place thereof, addressed to him/her at his/her last known place of business. Any suspension or conviction resulting from such hearing shall not relieve or discharge any civil liability for nonpayment of the tax due. (B) Interest and Penalties: In the event of failure by any hotel or motel owner, operator or licensee to collect and pay to the City Manager or his/her designee Finance Director the tax required hereunder within thirty (30) days after the same shall be due, interest shall accumulate and be due upon said tax at the rate of one percent (1%) per month. In addition, a penalty of ten percent (10%) of the tax and interest due shall be assessed and collected against any hotel or motel owner, operator or licensee who shall fail to collect and remit the tax imposed by this Section. SECTION 3: Section 3-2-4-6, “Disposition of Tax Moneys” of the Evanston City Code of 1979, as amended, is hereby further amended to read as follows: 393 of 508 65-O-12 ~3~ 3-2-4-6: - DISPOSITION OF TAX MONEYS: All proceeds resulting from the imposition of the tax under this Section, including interest and penalties, shall be paid into the Treasury of the City and shall be credited to and deposited in the Economic Development General Fund of the City. 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: All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 6: This Ordinance 65-O-12 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 65-O-12 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 65-O-12 that can be given effect without the invalid application or provision, and each invalid provision or invalid application of this Ordinance 65-O-12 is severable. Introduced:_________________, 2012 Adopted:___________________, 2012 Approved: __________________________, 2012 _______________________________ Elizabeth B. Tisdahl, Mayor Attest: _______________________________ Rodney Greene, City Clerk Approved as to form: ______________________________ W. Grant Farrar, Corporation Counsel 394 of 508 To: Honorable Mayor and Members of the City Council Members of the Administration and Public Works Committee From: Steve Griffin, Director Community and Economic Development Nancy Radzevich, Economic Development Division Manager Paul Zalmezak, Economic Development Coordinator Subject: Dempster Dodge TIF District Designation Date: June 4, 2012 Recommended Action: Staff recommend City Council adoption of the following ordinances to designate the proposed Dempster Dodge TIF District as outlined in the state statute 65 ILCS 5/11- 74.4 – Tax Increment Allocation Redevelopment Act. These ordinances were introduced at the May 29, 2012 City Council meeting, and tabled at the June 11, 2012 City Council meeting. Please refer to Agenda Item A18 which includes an update on Dominicks and TIF funding proposal regarding concerns at Evanston Plaza Shopping Center. (A15) Ordinance 55-O-12 Approving a Tax Increment Redevelopment Plan and Redevelopment Project for the Dempster/Dodge Redevelopment area (“TIF Plan”) (A16) Ordinance 56-O-12 Designating the Dempster/Dodge Redevelopment Project Area of the City of Evanston a Redevelopment Project Area Pursuant to the Tax Increment Allocation Redevelopment Act (“TIF District”) (A17) Ordinance 57-O-12 Adopting Tax Increment Allocation Financing for the Dempster/Dodge Redevelopment Project Area Background As summarized in the attached Redevelopment Plan, the City has two fundamental goals in pursuing the designation of the Dempster/Dodge TIF District. The first is to promote redevelopment of the area to improve occupancy levels at Evanston Plaza (one of the largest retail establishments in Evanston) in coordination with a new owner. The second goal is to further the City’s overall economic development program and thereby diversify and expand its tax base. The designation of a TIF district is now under consideration to help facilitate the attraction of quality businesses to reoccupy the vacant spaces in the near term. Longer term, the TIF could be used to leverage a more Memorandum For City Council meeting of June 25, 2012 Items A15 to A17 Ordinances Designating the Proposed Dempster Dodge TIF District For Action 395 of 508 significant redevelopment of the site subject to market conditions and community planning processes. The proposed Dempster/Dodge TIF District area is composed of a single parcel, shopping center located at the southwest corner of the intersection of Dempster Street and Dodge Avenue. (See Attachment “A”) Evanston Plaza was initially developed in 1987 on the site of a former metal plating industrial site. At first, the shopping center experienced some success with anchors that included Frank’s Nursery & Crafts, Fretters, and Phar-Mor. All three of these companies eventually went out of business, resulting in the closing of their operations at Evanston Plaza. As anchor tenants left the center, small store tenancy struggled as well. Joseph Freed & Associates (“Freed”) bought the center in 1998 for $5.9 million. Freed’s redevelopment included the renovation of a portion of a former Office Depot store and the entirety of a former Toys“R”Us store into a 57,950 square foot Dominick’s grocery store. Other improvements to the property included installation of additional landscaping, improving the lighting, resurfacing of the parking lot, and adding new pylon signs. Freed also incurred significant environmental remediation costs in the southwest corner of the parking lot to address existing soil contamination issues. An additional 19,211 square foot “out” building was built on the northeast corner of the site in 2002. By October 2009, however, Bank of America declared Freed in default on its loan for the shopping center, and the property was placed in the care of a court- appointed receiver. In December 2010, TJX, the parent company of AJ Wright announced that it would be closing local stores, including its Evanston Plaza location, by mid-February of 2011 – contributing to the continuing increased vacancy rate at this site. In December 2011, the shopping center was purchased by Bonnie Management and WHI Real Estate Partners LLC for $8.1 million. Despite its location at the busy intersection of Dodge and Dempster, this shopping center has faced chronic vacancies over the last decade. The parcel is of strategic importance to the City of Evanston, and particularly the west side community in terms of retail sales tax, jobs, neighborhood convenience, and quality of life. With the recent acquisition of the property by Bonnie Management, there is a committed private sector partner in place to foster the revitalization of this shopping center. The designation of a TIF district is now under consideration to help facilitate the attraction of quality businesses to reoccupy the vacant spaces in the near term. Longer term, the TIF could be used to leverage a more significant redevelopment of the site subject to market conditions and community planning processes. Summary Overview of Public Hearing The City of Evanston convened a public hearing for the proposed Dempster/Dodge TIF District on May 14, 2012. The public hearing was designed to allow for public comment on the draft City of Evanston TIF Redevelopment Plan Dempster/Dodge TIF District, on file with the City Clerk. (See plan attached to Ordinance 55-0-12) 396 of 508 After opening of the public hearing by the Mayor, the City’s TIF consultants, Kane McKenna Associates (KMA) explained the summary of public notices and conformance with the TIF Act requirements for the public hearing. This was followed by a report by Alderman Tendam, the Chairman of Joint Review Board, on their April 12, 2012 public hearing and subsequent recommendation. (See Attachment “B”). The City Clerk reported that no written comments were received. Following these brief reports, KMA and City staff provided a more detailed overview of the draft Dempster/Dodge TIF Plan. The City Council asked several questions – specifically seeking additional information on the eligibility findings and asking for examples of any similar TIF Districts that: 1) include a single parcel/owner and 2) support revitalization of an existing use versus redevelopment activities associated with a change of use. Members of the City Council also expressed disappointment that the TIF report was not necessarily a “plan” for catalyzing development on the west side, but instead was more of “tool” for redevelopment. The follow section and attached report from KMA provide responses to these specific questions and concerns. Prior to the close of the hearing, the Mayor called for public comments; only one person signed up to speak, an Evanston resident who expressed his opposition to the Plan and TIF District. Supplemental Information from Public Hearing As mentioned above, the City Council requested KMA and staff: • Provide more specific information about the eligibility findings (e.g. deleterious layout, inadequate utilities) for the proposed TIF designation; • Identify other examples of single parcel/owner TIF Districts, which support revitalization of an existing use versus redevelopment activities associated with a change of use. and • Provide more explanation as to why the TIF Plan lacks an action plan for catalyzing development on the west side. In response to these questions, KMA has provided a supplemental memorandum that responds to the questions/concerns raised at the public hearing (Attachment “C”). Staff has summarized their response and provided some additional information as follows: Summary of TIF Factors and Redevelopment Area As required by the TIF Act, five eligibility factors are needed to qualify the area as “blighted.” KMA determined that six factors are present at the Dempster/Dodge site: 1) lagging EAV; 2) Excessive Vacancies; 3) Obsolescence; 4) Deleterious land use/layout; 5) Environmental Remediation; and 6) Inadequate Utilities. KMA’s attached response summarizes the TIF statute language, and the data supporting the findings. Data was obtained from city staff, engineers, Cook County Assessor, and current owners. The City Council requested specific information about the inadequate utilities findings. According to Dave Stonebeck, Director of Utilities, the 700 feet of 36-inch diameter brick sewer on Dodge Avenue from Dempster to Crain is over 100 years old and therefore constituted as antiquated under the TIF statute. 397 of 508 The conditions resulting in the Obsolescence and Deleterious land use / layout factors are not as easily quantifiable with data, but are based on professional experience and field work. It is evident that the shopping center as a whole is of a size that puts it in an “in between” category. It serves as a neighborhood shopping center, but has the square footage of a larger community shopping center. Given the current retail trends, particularly with larger regional and national retailers, this factor puts the center at a disadvantage when corporate site selectors evaluate locations – this is one factor that contributes to both its market obsolescence and its deleterious layout. According to the International Council of Shopping Centers (Attachment “D”), a neighborhood shopping center is typically a straight-line strip, anchored by a supermarket supported by stores offering health related products, pharmaceuticals, snacks, and personal services. This type of center is in the range of 30,000 to 150,000 sq ft. A community shopping center on the other hand is typically L shaped, in the range of 100,000 to 350,000 sq ft, and has two or more anchors. The community shopping center has a three to six mile trade area, while a neighborhood center draws from up to three miles. The trade area is relevant because a number of new shopping centers have opened and/or expanded since the Evanston Plaza shopping center opened in 1987. For example, both the Howard Hartrey shopping center and Main Street Commons opened, Old Orchard has expanded and remodeled and Downtown Evanston has become a significant retail and restaurant draw. Lincolnwood Town Center was also remodeled during this timeframe. These shopping centers are all well within the Dempster/Dodge trade area. Evanston Plaza also has a number of larger spaces (i.e. “big box” / “medium box”) that are harder to lease in this competitive trade area. The trend nationally is a shrinking overall store footprint, partially driven by the growth of internet-based retailing. The tenants also need modernized/updated upgraded utilities. The modified L shape of the shopping center provides poor sightlines from Dempster and Dodge to the storefronts in the southwest corner of the property. These represents the obsolescence, but is also reflects the deleterious nature of the layout. Other deleterious aspects are also present. The construction of the 19,000 sq. ft. outlot building further impedes the views to the retailers in the southwest corner of the site. Due to the site layout, ingress and egress for loading along the west and south of the property is difficult in a tight space – trucks need to perform a tight “S” turn to unload goods to the businesses at the southwest corner. Further, the trucks leaving the shopping center, to head south on Dodge, are also forced to navigate through a narrow area at the southern perimeter of the site. Finally, specifically related to ingress/egress, it is difficult for both patrons to execute a left turn from the parking lot onto Dempster and trucks leaving the shopping center from the alley , westbound, while avoiding pedestrians and patrons of the shopping center. Sample Single Parcel/Single User TIF Districts KMA conducted research in response to the City Council’s questions about the perceived unusual nature of a proposed TIF District established for a single parcel, 398 of 508 which does not immediately anticipate change of use. Attached is a table summarizing Kane McKenna’s findings. (Attached “E”) As demonstrated by these examples, it is not uncommon in the Chicago area to utilize TIF to in the way proposed for Dempster Dodge. In all cases, as is required by the state statute, the TIF districts were created based on the “but for” test. If not for the creation of the TIF districts, the revitalization of the properties would not occur. The Dempster Dodge TIF district is proposed for the same reason. Without the use of the TIF financing, the revitalization of the center with the types of tenants that will maximize the property value, taxes, and/or job creation will not occur. Pressure from competing shopping centers within Evanston Plaza’s trade area – which are modern and/or currently have a more secure complementary retail base – will continually result in high vacancies in this shopping center or, perhaps re-tenanting of the spaces with non-retail or low-level uses. This will not create the retail/service mix demanded by area residents, nor will it drive increased property or sales tax revenues. TIF Plan vs. Comprehensive/Neighborhood Plans In response to the City Council’s concerns about the lack of specificity in the plan, it is important to point out that TIF is an economic development tool and not a plan in and of itself. The TIF Redevelopment Plan is technical in nature based on specific state statute requirements and, as such, is designed to serve as a general guideline, providing the City flexibility in the redevelopment process over the life of the TIF (23 years). TIF Redevelopment Plans are designed to be a framework plan because there are too many unknown factors – market conditions, change in property ownership, changing interest rates/banking priorities, etc. – that can impact redevelopment opportunities, challenges, and priorities over the 23 year timeframe. The format of the TIF plan is guided by specific technical requirements identified in the State of Illinois TIF statute and doesn’t necessarily reflect the style of plans decision makers and/or members of the public are accustomed to. However, staff recognizes the importance of supplementing the TIF Plan and resulting TIF financing proposals with: 1) Area or corridor studies specific to Dempster/Dodge Plaza and/or Dodge Street corridor; 2) Linkages to the City’s Comprehensive Plan; 3) Conformance with zoning and/or other City codes (signage, landscaping, etc.); 4) Community input; and 5) Redevelopment agreements with the property owner that balance the developer’s proposed redevelopment plans with the City’s goals and priorities. TIF financing can leverage the efforts identified in these plans. The futures of Evanston Plaza and the surrounding area are inextricably linked. Revitalization of the shopping center can only happen if there is congruent revitalization of the adjacent business area. Therefore, the revitalization efforts for Evanston Plaza should include the surrounding area – particularly the areas within the West Evanston TIF. In order to fully leverage this economic development tool, it must be used comprehensively, across the entire business area. Legislative History: April 12, 2012 and the Joint Review Board unanimously approved an advisory, non- binding recommendation to the City Council to adopt a resolution designating the 399 of 508 Dempster Dodge Redevelopment Plan and Redevelopment Project. The City Council fulfilled the obligations of the TIF Act by convening a public hearing on May 14, 2012. Attachments: Attachment A - Proposed Dempster/Dodge TIF District Map Attachment B - Resolution & Recommendation of the Joint Review Board Attachment C - Kane McKenna response to City Council / Public Hearing Questions Attachment D - ICSC Shopping Center Definitions 400 of 508 Proposed Dempster/Dodge TIF Boundary DISCLAIMER: This map and data are provided as-in without warranties of any kind. See www.cityofevanston.org/mapdisclaimers.html for more information Scale 1:3,422 Made with Evanston's GIS Printed: May 7, 2012 6:31:52 PM401 of 508 402 of 508 403 of 508 150 North Wacker Drive T 312.444.1702 Suite 1600 F 312.444.9052 Chicago, Illinois 60606 MEMO TO: Nancy Radzevich FROM: Kane, McKenna and Associates, Inc. RE: Dempster/Dodge TIF Clarification Points DATE: May 22, 2012 I. Summary of TIF Factors and Redevelopment Area Finding TIF Act Language Data to Support Finding Remarks Lagging EAV TIF EAV must lag City- wide EAV or CPI 3 of 5 years Cook County Assessor Data. EAV lags relative to City in four of five years and the factor is present. Excessive Vacancies Buildings that are unoccupied or under- utilized; adverse influence due to frequency, extent or duration Owner data on vacancy by square feet; site survey by KMA staff confirming vacancy. 48% vacancy rate is high relative to normal 10-20% benchmark for retail vacancies in Chicago area. Duration of vacancies unusually long (e.g. Frank’s Nursery). Obsolescence Condition or “process” of falling into disuse Vacancy and lagging EAV data above support finding, as well as owner representations as to obsolescence and Kane, McKenna review. The properties reflect disuse due in part to outdated design, market conditions, and tenant requirements. Said requirements include upgraded electric and potential IT service. Deleterious land use or layout Incompatible land-use relationships or layouts Data usually based on review of existing uses/historical pattern of development versus modern uses/new construction. Example: existing outlot building poorly sited and impinges on visibility of other retail stores. Narrow loading in rear and original layout (storefront depths, storefront visibility, and sq. ft. unfavorable due in part to outlot location). Would not be built this way if built today. Also, new tenant types now seek scaled down building space with 404 of 508 150 North Wacker Drive T 312.444.1702 Suite 1600 F 312.444.9052 Chicago, Illinois 60606 enhanced electric utilities.** Finding TIF Act Language Data to Support Finding Remarks Environmental remediation Area has incurred remediation costs per the TIF Act requirements. Prior owner incurred costs for environmentally “engineered barrier”; Illinois IEPA letter on file pertaining to No Further Remediation (NFR letter). The need to leave the engineered barrier in place is an impediment to potential reuse of the western portion of the area if building footprint must be altered (or in locations where the footprint may need to be modified). Inadequate utilities Utilities of insufficient capacity or obsolete or deteriorated or antiquated and refers to offsite conditions. City Director or Utilities finds that major north/ south sewer in the public right of way is “over 100 years old and is inadequate”; this line serves the shopping center. Modern materials such as ductile iron are now used instead of older, obsolete materials such as cast iron or brick (e.g., north/south sewer on Dodge). **Trend in retail toward smaller footprint / scaled down layout and space requirements It is also important to note that although the TIF property is “stand alone,” it is adjacent to and contiguous with the West Evanston TIF District. Portions of the West Evanston TIF and the Evanston Plaza will most likely share similar redevelopment goals and objectives in relation to the community (retail and service use improvements, job creation, and infrastructure coordination) and surrounding uses along Dempster. The size of the shopping center (200,000+ s.f.) and its prominent location at the intersection do call attention to its importance in the City’s economy and to the community. 405 of 508 150 North Wacker Drive T 312.444.1702 Suite 1600 F 312.444.9052 Chicago, Illinois 60606 II. Sample Single Project/Single Parcel TIF Districts TIF District Summary Arlington Heights TIF 5 Encourage redevelopment of two (2) existing shopping centers at Rand Road and Palatine Road. Aurora Bell/Gale TIF No. 4 Replace outmoded single industrial use with multi use redevelopment. Berwyn Cermak Plaza TIF Redevelopment of existing shopping center Obsolete stores replaced with new retailers including “urban” Meijer’s store. Blue Island TIF No. 6 Vacant Jewel grocery store to be redeveloped for smaller grocery use and adjacent retail use. Bolingbrook TIF No. 2 Existing residential uses redeveloped/rehabbed Dolton TIF No. 2 Redevelopment of former Ames anchored shopping center. Forest Park Roosevelt/Hannah TIF Remodeled existing mall and addition of Walmart store Franklin Park Grand Mannheim TIF Obsolete retail shopping center demolished and redeveloped as new retail Glendale Heights TIF Rehab of 270,000 s.f. Concorde Green Shopping Center Hoffman Estates Golf Road/Higgins Road TIF Included two (2) retail shopping centers – redevelopment goals included retaining retail uses. Lisle 2600 Warrenville Road TIF Office use – Vacant Alcatel Lucent facility occupied and rehabbed by Navistar as world headquarters. Markham Canterbury TIF Redevelopment of existing shopping center Matteson-Lincoln Mall TIF Redevelopment of regional shopping mall (also includes separate TIF for Sears anchor use) – retain retail uses Oak Forest TIF No. 4 Redevelopment of vacant commercial/retail (auto dealer) with retail and/or mixed use (maintain commercial uses along 159th Street). Palos Heights Harlem Avenue and 127th Street TIF Redevelop existing Jewel grocery store with new upgraded store and outlots. Rolling Meadows TIF No. 1 Retail Shopping Center (former Woolco and ancillary retail use) reoccupied by Dominick’s. Romeoville TIF No. 4 Replace existing retail/commercial use (gas station with environmental) with Walgreens retail use. Round Lake Beach Meadow Green TIF No. 3 Existing residential condos redeveloped/ rehabbed Sauk Village TIF No. 1 Neighborhood shopping center – redevelopment regarding anchor use Sauk Village TIF No. 4 Existing strip center retained and redeveloped Skokie Science & Technology TIF reuse of former Pfizer/Searle labs offices to research park/lab and office space. Waukegan Belvidere Mall TIF District (now terminated) encourage redevelopment of existing shopping center. West Chicago Route 64/Route 59 TIF District No. 2 includes shopping center formerly occupied by K-Mart and Dominick’s store. Yorkville US Route 34 and Route 47 TIF goal to encourage retail development of vacant shopping center (demolished) with new retail uses (also included Business District overlay 406 of 508 150 North Wacker Drive T 312.444.1702 Suite 1600 F 312.444.9052 Chicago, Illinois 60606 III. Dempster/Dodge TIF Review - Summary Response to City Council Questions 1. TIF Plan and City Plans for Redevelopment In response to questions relating to the specificity of the TIF plan and proposed redevelopment uses, it is important to note that: a) The TIF plan could be in place over a maximum term of 23 years (with a final collection in the 24th year); b) Substantive amendments to the plan require procedural steps that are equivalent to steps involved in designating the TIF (Joint Review Board (JRB) meeting, public hearing, all legal notices, etc.); c) The TIF plan does not replace or supersede normal City planning and entitlement processes, rather the TIF plan serves primarily as financing tool to assist in redevelopment. The TIF Act sets forth certain parameters/provisions that must be in the TIF plan, but the City has the ability to tailor the plan to local needs. As a result, the TIF plan as drafted serves primarily as an “envelope” or “umbrella” in order to allow the City flexibility in the redevelopment process, which is expected to take place over time, including potential changing market conditions and interest rates. The City could supplement the TIF plan with the following processes and inputs: a) Area or corridor studies specific to the Dempster/Dodge or West Evanston market area; b) Linkages to the City’s Comprehensive Plan; c) Conformance with zoning and/or other City codes (signage, landscaping, etc.); d) Establishment of a TIF Policy (or economic development policy) that establishes a City wide decision framework for the provision of TIF based (or other) incentives to private developers and property owners; e) Review of the developer’s proposed plan redevelopment including any City input relating to provisions for City TIF assistance; and f) Community input. The TIF budget and uses set forth in the plan are only general guidelines. The actual utilization of TIF monies is dependent upon the review by the City Council of specific items to be funded and the approval of a redevelopment agreement(s) regarding redevelopment that are consistent inputs described above. As a result, the actual implementation “plan” for redevelopment is dependent on a number of inputs and would be expected to evolve over the next several months. 407 of 508 Copright ã1999 Internatinal Council of Shopping Centers . All Rights reserved. Protected under Universal Copyright Convention and international copyright conventions. This publication may not be reproduced in whole or in part in any form without written permission from the International Council of Shopping Centers. Printed in the U.S.A. ICSC SHOPPING CENTER DEFINITIONS Basic Configurations and Types The term “shopping center” has been evolving since the early 1950s. Given the maturity of the industry, numerous types of centers currently exist that go beyond the standard definitions. Industry nomenclature originally offered four basic terms: neighborhood, community, regional, and superregional centers. However, as the industry has grown and changed, more types of centers have evolved and these four classifications are no longer adequate. The International Council of Shopping Centers has defined eight principal shopping center types, shown in the accompanying table. The definitions, and in particular the table that accompanies the text, are meant to be guidelines for understanding major differences between the basic types of shopping centers. Several of the categories shown in the table, such as size, number of anchors, and trade area, should be interpreted as "typical" for each center type. They are not meant to encompass the operating characteristics of every center. As a general rule, the main determinants in classifying a center are its merchandise orientation (types of goods/services sold) and its size. It is not always possible to precisely classify every center. A hybrid center may combine elements from two or more basic classifications, or a center's concept may be sufficiently unusual as to preclude it from fitting into one of the eight generalized definitions presented here. There are other types of centers that are not separately defined here but nonetheless are a part of the industry. Some can be considered subsegments of one of the larger, defined groups, perhaps created to satisfy a particular niche market. One example would be the convenience center, among the smallest of centers, whose tenants provide a narrow mix of goods and personal services to a very limited trade area. A typical anchor would be a convenience store like 7- Eleven or other mini-mart. At the other end of the size spectrum are super off- price malls that consist of a large variety of value-oriented retailers, including factory outlet stores, department store close-out outlets, and category killers in an enclosed megamall (up to 2 million square feet) complex. Other smaller subsegments of the industry include vertical, downtown, off-price, home improvement, and car care centers. The trend toward differentiation and segmentation will continue to add new terminology as the industry matures. SHOPPING CENTER: A group of retail and other commercial establishments that is planned, developed, owned and managed as a single property. On-site parking is provided. The center's size and orientation are generally determined by the market characteristics of the trade area served by the center. The two main configurations of shopping centers are malls and open-air strip centers. 408 of 508 Copright ã1999 Internatinal Council of Shopping Centers . All Rights reserved. Protected under Universal Copyright Convention and international copyright conventions. This publication may not be reproduced in whole or in part in any form without written permission from the International Council of Shopping Centers. Printed in the U.S.A. BASIC CONFIGURATIONS Mall: Malls typically are enclosed, with a climate-controlled walkway between two facing strips of stores. The term represents the most common design mode for regional and superregional centers and has become an informal term for these types of centers. Strip center: A strip center is an attached row of stores or service outlets managed as a coherent retail entity, with on-site parking usually located in front of the stores. Open canopies may connect the storefronts, but a strip center does not have enclosed walkways linking the stores. A strip center may be configured in a straight line, or have an "L" or "U" shape. SHOPPING CENTER TYPES Neighborhood Center: This center is designed to provide convenience shopping for the day-to-day needs of consumers in the immediate neighborhood. According to ICSC's SCORE publication, roughly half of these centers are anchored by a supermarket, while about a third have a drugstore anchor. These anchors are supported by stores offering pharmaceuticals and health-related products, sundries, snacks and personal services. A neighborhood center is usually configured as a straight-line strip with no enclosed walkway or mall area, although a canopy may connect the storefronts. Community Center: A community center typically offers a wider range of apparel and other soft goods than the neighborhood center does. Among the more common anchors are supermarkets, super drugstores, and discount department stores. Community center tenants sometimes contain off-price retailers selling such items as apparel, home improvement/furnishings, toys, electronics or sporting goods. The center is usually configured as a strip, in a straight line, or “L” or “U” shape. Of the eight center types, community centers encompass the widest range of formats. For example, certain centers that are anchored by a large discount department store refer to themselves as discount centers. Others with a high percentage of square footage allocated to off-price retailers can be termed off-price centers. Regional Center: This center type provides general merchandise (a large percentage of which is apparel) and services in full depth and variety. Its main attractions are its anchors: traditional, mass merchant, or discount department stores or fashion specialty stores. A typical regional center is usually enclosed with an inward orientation of the stores connected by a common walkway and parking surrounds the outside perimeter. 409 of 508 Copright ã1999 Internatinal Council of Shopping Centers . All Rights reserved. Protected under Universal Copyright Convention and international copyright conventions. This publication may not be reproduced in whole or in part in any form without written permission from the International Council of Shopping Centers. Printed in the U.S.A. Superregional Center: Similar to a regional center, but because of its larger size, a superregional center has more anchors, a deeper selection of merchandise, and draws from a larger population base. As with regional centers, the typical configuration is as an enclosed mall, frequently with multilevels. Fashion/Specialty Center: A center composed mainly of upscale apparel shops, boutiques and craft shops carrying selected fashion or unique merchandise of high quality and price. These centers need not be anchored, although sometimes restaurants or entertainment can provide the draw of anchors. The physical design of the center is very sophisticated, emphasizing a rich decor and high quality landscaping. These centers usually are found in trade areas having high income levels. Power Center: A center dominated by several large anchors, including discount department stores, off-price stores, warehouse clubs, or "category killers," i.e., stores that offer tremendous selection in a particular merchandise category at low prices. The center typically consists of several freestanding (unconnected) anchors and only a minimum amount of small specialty tenants. Theme/Festival Center: These centers typically employ a unifying theme that is carried out by the individual shops in their architectural design and, to an extent, in their merchandise. The biggest appeal of these centers is to tourists; they can be anchored by restaurants and entertainment facilities. These centers, generally located in urban areas, tend to be adapted from older, sometimes historic, buildings, and can be part of mixed use projects. Outlet Center: Usually located in rural or occasionally in tourist locations, outlet centers consist mostly of manufacturers' outlet stores selling their own brands at a discount. These centers are typically not anchored. A strip configuration is most common, although some are enclosed malls, and others can be arranged in a "village" cluster. 410 of 508 Copright ã1999 Internatinal Council of Shopping Centers . All Rights reserved. Protected under Universal Copyright Convention and international copyright conventions. This publication may not be reproduced in whole or in part in any form without written permission from the International Council of Shopping Centers. Printed in the U.S.A. TYPICAL ANCHOR(S) TYPE CONCEPT SQ. FT. (Inc. Anchors) ACREAGE NUMBER TYPE ANCHOR RATIO* PRIMARY TRADE AREA** NEIGHBORHOOD CENTER Convenience 30,000 - 150,000 3 - 15 1 or more Supermarket 30 - 50% 3 miles COMMUNITY CENTER General Merchandise; Convenience 100,000 - 350,000 10 - 40 2 or more Discount dept. store; super-market; drug; home improvement; large specialty/discount apparel 40 - 60% 3 - 6 miles REGIONAL CENTER General Merchandise; Fashion (Mall, typically enclosed) 400,000 - 800,000 40 - 100 2 or more Full-line dept. store; jr. dept. store; mass merchant; disc. dept. store; fashion apparel 50 - 70% 5 - 15 miles SUPERREGIONAL CENTER Similar to Regional Center but has more variety and assortment 800,000+ 60 - 120 3 or more Full-line dept. store; jr. dept. store; mass merchant; fashion apparel 50 - 70% 5 - 25 miles FASHION/SPECIALTY CENTER Higher end, fashion oriented 80,000 - 250,000 5 - 25 N/A Fashion N/A 5 - 15 miles POWER CENTER Category-dominant anchors; few small tenants 250,000 - 600,000 25 - 80 3 or more Category killer; home im- provement; disc. dept. store; warehouse club; off- price 75 - 90% 5 - 10 miles THEME/FESTIVAL CENTER Leisure; tourist-oriented; retail and service 80,000 - 250,000 5 - 20 N/A Restaurants; entertainment N/A N/A OUTLET CENTER Manufacturers' outlet stores 50,000 - 400,000 10 - 50 N/A Manufacturers' outlet stores N/A 25 - 75 miles * The share of a center's total square footage that is attributable to its anchors **The area from which 60 - 80% of the center's sales originate ICSC Shopping Center Definitions is published by International Council of Shopping Centers 1221 Avenue of the Americas New York, New York 10020-1099 Phone: 646-728-3671 Fax: 212-589-5555 http://www.icsc.org 411 of 508 To: Honorable Mayor and Members of the City Council Administration and Public Works Committee From: Steve Griffin, Director Community and Economic Development Nancy Radzevich, Economic Development Division Manager Paul Zalmezak, Economic Development Coordinator Subject: Ordinance 55-O-12: Approving the Dempster/Dodge TIF Plan Date: June 20, 2012 Recommended Action: Staff recommends City Council adoption of the following ordinance to designate the proposed Dempster/Dodge TIF District as outlined in the state statute 65 ILCS 5/11- 74.4 – Tax Increment Allocation Redevelopment Act. This ordinance was introduced at the May 29, 2012 City Council meeting, and tabled at the June 11, 2012 City Council meeting. (A15) Ordinance 55-O-12 Approving a Tax Increment Redevelopment Plan and Redevelopment Project for the Dempster/Dodge Redevelopment area (“TIF Plan”) Memorandum For City Council meeting of June 25, 2012 Item A15 Ordinance 55-O-12 Approving the Proposed Dempster/Dodge TIF Plan For Action 412 of 508 5/16/2012 55-O-12 AN ORDINANCE Approving a Tax Increment Redevelopment Plan and Redevelopment Project for the Dempster/Dodge Redevelopment Project Area WHEREAS, it is desirable and in the best interest of the citizens of the City of Evanston, Cook County, Illinois (the "City"), for the City to implement tax increment allocation financing pursuant to the Tax Increment Allocation Redevelopment Act, Division 74.4 of Article 11 of the Illinois Municipal Code, as amended (the "Act"), for a proposed redevelopment and redevelopment project (the "Plan and Project") within the municipal boundaries of the City within a proposed redevelopment project area (the "Area") described in Section 1(a) of this Ordinance, which Area constitutes in the aggregate more than one and one-half acres; and WHEREAS, pursuant to Section 11-74.4-5 of the Act, the Mayor and City Council of the City (the "Corporate Authorities") called a public hearing relative to the Plan and Project and the designation of the Area as a redevelopment project area under the Act for May 14, 2012; and WHEREAS, due notice with respect to such hearing was given pursuant to Section 11-74.4-5 of the Act, said notice being given to taxing districts and to the Department of Commerce and Economic Opportunity of the State of Illinois by certified mail on March 27, 2012, by publication on April 19, 2012, and April 26, 2012, and by certified mail to taxpayers within the Area on April 23, 2012; and 413 of 508 55-O-12 -2- WHEREAS, the City has heretofore convened a joint review board as required by and in all respects in compliance with the provisions of the Act; and WHEREAS, the Corporate Authorities have reviewed the information concerning such factors presented at the public hearing and have reviewed other studies and are generally informed of the conditions in the proposed Area that could cause the Area to be a "blighted area" as defined in the Act; and WHEREAS, the Corporate Authorities have reviewed the conditions pertaining to lack of private investment in the proposed Area to determine whether private development would take place in the proposed Area as a whole without the adoption of the proposed Plan; and WHEREAS, the Corporate Authorities have reviewed the conditions pertaining to real property in the proposed Area to determine whether contiguous parcels of real property and improvements thereon in the proposed Area would be substantially benefited by the proposed Project improvements; and WHEREAS, the Corporate Authorities have reviewed the proposed Plan and Project and also the existing comprehensive plan for development of the City as a whole to determine whether the proposed Plan and Project conform to the comprehensive plan of the City, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS, THAT: SECTION 1: The Corporate Authorities hereby make the following findings: 414 of 508 55-O-12 -3- a. The Area is legally described in Exhibit A attached hereto and incorporated herein as if set out in full by this reference. The general street location for the Area is described in Exhibit B attached hereto and incorporated herein as if set out in full by this reference. The map of the Area is depicted on Exhibit C attached hereto and incorporated herein as if set out in full by this reference. b. There exist conditions that cause the Area to be subject to designation as a redevelopment project area under the Act and to be classified as a conservation area as defined in Section 11-74.4-3(b) of the Act. c. The proposed Area on the whole has not been subject to growth and development through investment by private enterprise and would not be reasonably anticipated to be developed without the adoption of the Plan. d. The Plan and Project conform to the comprehensive plan for the development of the City as a whole, as reflected in the City’s zoning map. e. As set forth in the Plan it is anticipated that all obligations incurred to finance redevelopment project costs, if any, as defined in the Plan shall be retired within twenty- three (23) years after the Area is designated. f. The parcels of real property in the proposed Area are contiguous, and only those contiguous parcels of real property and improvements thereon that will be substantially benefited by the proposed Project improvements are included in the proposed Area. SECTION 2: The Plan and Project, which were the subject matter of the public hearing held on May 14, 2012, are hereby adopted and approved. A copy of the Plan and Project is set forth in Exhibit D attached hereto and incorporated herein as if set out in full by this reference. 415 of 508 55-O-12 -4- SECTION 3: If any section, paragraph, or provision of this Ordinance shall be held to be invalid or unenforceable for any reason, the invalidity or unenforceability of such section, paragraph, or provision shall not affect any of the remaining provisions of this Ordinance. SECTION 4: All ordinances, resolutions, motions, or orders in conflict herewith shall be, and the same hereby are, repealed to the extent of such conflict, and this Ordinance shall be in full force and effect immediately upon its passage by the Corporate Authorities and approval as provided by law. SECTION 5: The findings and recitals contained herein are declared to be prima facie evidence of the law of the City and shall be received in evidence as provided by the Illinois Compiled Statutes and the courts of the State of Illinois. Ayes: ______________ Nays: ______________ Introduced:_________________, 2012 Adopted:___________________, 2012 Approved: __________________________, 2012 _______________________________ Elizabeth B. Tisdahl, Mayor Attest: _______________________________ Rodney Greene, City Clerk Approved as to form: _______________________________ W. Grant Farrar, Corporation Counsel 416 of 508 A-1 EXHIBIT A Legal Description of Redevelopment Project Area THAT PART OF THE NORTH HALF OF SECTION 24, TOWNSHIP 41 NORTH, RANGE 13 EAST OF THE THIRD PRINCIPAL MERIDIAN IN COOK COUNTY, ILLINOIS, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF LOT 1 IN BANBURY THIRD CONSOLIDATION, BEING A PLAT IN THAT PART OF THE NORTHWEST QUARTER OF SAID SECTION 24, ACCORDING TO THE PLAT THEREOF RECORDED MARCH 27, 1987 AS DOCUMENT NO. 87162463; THENCE SOUTHWESTERLY, WESTERLY, SOUTHWESTERLY, SOUTHEASTERLY AND SOUTHWESTERLY ALONG THE NORTHWESTERLY LINE OF SAID LOT 1 TO A POINT THAT IS 241.64 FEET NORTHWESTERLY OF THE MOST SOUTHWESTERLY CORNER OF SAID LOT 1 AS MEASURED ALONG SAID NORTHWESTERLY LINE; THENCE SOUTHEASTERLY AT A RIGHT ANGLE TO SAID NORTHWESTERLY LINE 5.00 FEET; THENCE SOUTHWESTERLY ALONG A LINE 5.00 FEET SOUTHEASTERLY OF AND PARALLEL TO SAID NORTHWESTERLY LINE TO A POINT ON THE NORTH RIGHT-OF-WAY LINE OF GREENLEAF STREET; THENCE EASTERLY ALONG SAID NORTH RIGHT-OF-WAY LINE OF GREENLEAF STREET TO THE SOUTHWEST CORNER OF LOT 1 IN ARENS CONTROLS, INC. CONSOLIDATION, BEING A PART OF THE NORTHWEST QUARTER OF SAID SECTION 24, ACCORDING TO THE PLAT THEREOF RECORDED MAY 20, 1992 AS DOCUMENT NO. 92349794; THENCE NORTHEASTERLY ALONG THE WESTERLY LINE OF SAID LOT 1 IN ARENS CONTROLS, INC. CONSOLIDATION TO THE NORTHWEST CORNER OF SAID LOT 1; THENCE EASTERLY ALONG THE NORTH LINE OF SAID LOT 1 TO A POINT OF CURVE; THENCE SOUTHEASTERLY ALONG SAID CURVE HAVING A RADIUS OF 40.00 FEET, AN ARC LENGTH OF 64.45 FEET TO A POINT OF TANGENCY ON THE EAST LINE OF SAID LOT 1; THENCE SOUTHERLY ALONG SAID EAST LINE TO A CORNER POINT FOR LOT 1 IN SAID BANBURY THIRD CONSOLIDATION; THENCE EASTERLY ALONG THE SOUTH LINE OF SAID LOT 1 IN BANBURY THIRD CONSOLIDATION TO A POINT ON THE WEST RIGHT-OF-WAY LINE OF BROWN AVENUE; THENCE NORTHERLY ALONG SAID WEST RIGHT-OF-WAY LINE OF BROWN AVENUE TO A POINT ON THE SOUTH LINE OF SAID LOT 1 IN BANBURY THIRD CONSOLIDATION; THENCE EASTERLY ALONG SAID SOUTH LINE OF LOT 1 AND THE EASTERLY EXTENSION THEREOF TO THE EAST RIGHT-OF-WAY LINE OF DODGE AVENUE; THENCE NORTHERLY ALONG SAID EAST RIGHT-OF-WAY LINE TO THE NORTHWEST CORNER OF LOT 1 IN KEAT’S RESUBDIVISION, BEING A SUBDIVISION IN THE NORTHEAST QUARTER OF SAID SECTION 24, ACCORDING TO THE PLAT THEREOF RECORDED SEPTEMBER 28, 1989 AS DOCUMENT NO. 89458950; THENCE WESTERLY ALONG THE WESTERLY EXTENSION OF THE NORTH LINE OF SAID LOT 1 TO A POINT OF INTERSECTION WITH THE WEST RIGHT-OF-WAY LINE OF SAID DODGE AVENUE; THENCE NORTHERLY ALONG SAID WEST RIGHT-OF-WAY LINE TO A POINT OF INTERSECTION WITH THE SOUTH RIGHT-OF-WAY LINE OF DEMPSTER STREET; THENCE WESTERLY, NORTHERLY AND WESTERLY ALONG SAID SOUTH RIGHT-OFWAY LINE TO THE POINT OF BEGINNING. 417 of 508 B-1 EXHIBIT B GENERAL STREET LOCATION The proposed Redevelopment Project Area consists primarily of retail/commercial parcels southwest of the intersection of Dempster Street and Dodge Avenue. 418 of 508 C-1 EXHIBIT C MAP OF REDEVELOPMENT PROJECT AREA 419 of 508 PROJECT NO.CALC. DRAWING NO. DWN. CHKD. SCALE: DATE: SHEET OF 9575 West Higgins Road (847) 823-0500 Suite 600, Rosemont, Illinois 60018 ENGINEERING, LTD.IN PREPARED FOR 1 1 1"=150’ 120101 CITY OF EVANSTON, ILLINOIS CITY OF EVANSTON 17.9 AC.| SCALE IN FEET 0 150 AJK KJR JRM 02-24-2012 TIF120101B S:\EVANSTON\120101\SURVEY\TIF120101B.SUR QUARTER OF SECTION 24-41-13EAST LINE OF THE NORTHWESTQUARTER OF SECTION 24-41-13WEST LINE OF THE NORTHEASTQUARTER OF SECTION 13-41-13 SOUTH LINE OF THE SOUTHWEST WEST EVANSTONEXSITING TIF #6QUARTER OF SECTION 24-41-13 NORTH LINE OF THE NORTHWEST DEMPSTER / DODGE TIF DEMPSTER / DODGE TIF POINT OF BEGINNING 420 of 508 D-1 EXHIBIT D REDEVELOPMENT PLAN AND PROJECT 421 of 508 CITY OF EVANSTON TIF REDEVELOPMENT PLAN DEMPSTER/DODGE TIF DISTRICT “Redevelopment plan" means the comprehensive program of the municipality for development or redevelopment intended by the payment of redevelopment project costs to reduce or eliminate those conditions the existence of which qualified the redevelopment project area as a "blighted area" or "conservation area" or combination thereof or "industrial park conservation area," and thereby to enhance the tax bases of the taxing districts which extend into the redevelopment project area as set forth in the Tax Increment Allocation Redevelopment Act, 65 ILCS 5/11- 74.4-3, et. seq., as amended. Prepared by the City of Evanston, Illinois in conjunction with Kane, McKenna and Associates, Inc. April 2012 DRAFT As of April 10, 2012 422 of 508 TABLE OF CONTENTS I. INTRODUCTION ................................................................................... 1 II. RPA LEGAL DESCRIPTION.................................................................. 6 III. RPA GOALS AND OBJECTIVES............................................................ 7 IV. EVIDENCE OF THE LACK OF DEVELOPMENT AND GROWTH; FISCAL IMPACT ON TAXING DISTRICTS ........................................... 11  Evidence of the Lack of Development / Growth Within the RPA ..................... 11  Assessment of Fiscal Impact on Affected Taxing Districts ................................ 11 V. TIF QUALIFICATION FACTORS PRESENT IN THE RPA ..................... 12 VI. REDEVELOPMENT PROJECT ............................................................. 13  Redevelopment Plan and Project Objectives ..................................................... 13  Redevelopment Activities .................................................................................. 14  General Land Use Plan ...................................................................................... 15  Additional Design and Control Standards ......................................................... 16  Eligible Redevelopment Project Costs ............................................................... 16  Projected Redevelopment Project Costs ........................................................... 20  Sources of Funds to Pay Redevelopment Project Costs .................................... 22  Nature and Term of Obligations to be Issued ................................................... 22  Most Recent Equalized Assessed Valuation (EAV) for the RPA ....................... 23  Anticipated Equalized Assessed Valuation (EAV) for the RPA ........................ 23 VII. DESCRIPTION & SCHEDULING OF REDEVELOPMENT PROJECT.... 24  Redevelopment Project ..................................................................................... 24  Commitment to Fair Employment Practices / Affirmative Action....................25  Completion of Redevelopment Project and Retirement of Obligations to Finance Redevelopment Costs .......................................................................... 26 VIII. PROVISIONS FOR AMENDING THE TIF PLAN AND PROJECT .......... 27  APPENDIX 1: Legal Description of Project Area  APPENDIX 2: Boundary Map of Proposed RPA  APPENDIX 3: Existing Land Use Map of RPA  APPENDIX 4: Future Land Use Map of RPA  APPENDIX 5: TIF Qualification Report 423 of 508 Page 1 I. INTRODUCTION The City of Evanston (the “City”) is an established community located in northern Cook County, Illinois along the shores of Lake Michigan. In this report, the City proposes a Tax Increment Financing Redevelopment Plan (the “Redevelopment Plan” or “Plan”) to assist a strategically important area in overcoming a number of redevelopment barriers. The City is pursuing the TIF designation as part of its overall strategy to promote the revitalization and increased occupancy of a key retail property located at the southwest corner of Dempster and Dodge Avenue. Kane, McKenna and Associates, Inc. (“KMA”) has been retained by the City of Evanston to conduct an analysis of the potential qualification and designation of the area as a Tax Increment Financing (“TIF”) District, and to assist the City in drafting this TIF Redevelopment Plan. The City has two fundamental goals in pursuing the potential TIF District. The first is to promote redevelopment of the area to improve occupancy levels at one of the largest retail establishments in Evanston (Evanston Plaza), in coordination with a new owner that may pursue investments for the site. The second goal is to further the City’s overall economic development program and thereby diversify its tax base. As noted in various City reports (including the annual budget, 2006 Strategic Plan and 2000 Comprehensive General Plan), a general City priority is to implement a range of economic development efforts. For example, in the City’s most recently adopted budget, the City has “targeted business district revitalization efforts throughout the City, including the redevelopment potential of Evanston Plaza.” TIF Plan Requirements. The City is preparing this Plan as required by the Tax Increment Allocation Redevelopment Act, (the “Act”) 65 ILCS 5/11-74.4-3, et. seq., as amended. To establish a TIF district (also known as a Redevelopment Project Area (“RPA”)), Illinois municipalities must adopt several documents, including a TIF Redevelopment Plan and Eligibility Report. The Act enables Illinois municipalities to establish TIF districts, either to eliminate the presence of blight or to prevent its onset. The Act finds that municipal TIF authority serves a public interest in order to: “promote and protect the health, safety, morals, and welfare of the public, that blighted conditions need to be eradicated and conservation measures instituted, and that redevelopment of such areas be undertaken; that to remove and alleviate adverse conditions it is necessary to encourage private investment and restore and enhance the tax base of the taxing districts in such areas by the development or redevelopment of project areas” (65 ILCS 5/11-74.4-2(b)). By definition, a TIF “Redevelopment Plan" means the comprehensive program of the municipality for development or redevelopment intended by the payment of redevelopment project costs to reduce or eliminate those conditions the existence of which qualify the redevelopment project area as a "blighted area," 424 of 508 Page 2 "conservation area" (or combination thereof), or "industrial park conservation area," and thereby to enhance the tax bases of the taxing districts which extend into the redevelopment project area as set forth in the Tax Increment Allocation Redevelopment Act. Community Background. The City of Evanston is one of the oldest communities in the State of Illinois, incorporated in 1863 during the Civil War. After a long period of growth during the late 19th and early 20th century, population stabilized around its current level in the post-war era. As of the 2010 Census, City population is 74,486. The City has a number of important assets that make it desirable location for residents and that fosters a competitive environment for businesses. First, the City has one of the most highly educated workforces in Illinois. 66% of the adult population (over age 25) has obtained either a bachelor’s degree or an advanced degree (master’s degree or other advanced degree). Secondly, the City possesses a variety of transportation assets, including proximity to the Interstate Highway System, state highways, a Metra train line, and a CTA (“El”) train line. Additionally, biking as a commuter option is also expanding, as the CTA and the RTA increasingly accommodate bicyclists who make connections to downtown Chicago and suburban destinations. Third, the City has a long tradition of professional city management, which ensures efficient, effective, and responsive service delivery to residents and businesses. Under the current management team, the City has identified economic development as a priority for service delivery and may expand efforts in this area. The Proposed TIF District. The proposed RPA consists of one tax parcel and is situated at the southwest corner of Dempster and Dodge Avenue. The primary use for the site is the Dempster Plaza, which is an older retail shopping center comprising three buildings: a large traditional grocer (as well as connected stores that are vacant); a series of in-line retail spaces mostly occupied by smaller retailers; and a group of stores in an outlot building. The area faces a number of long-standing redevelopment challenges: the structures in the area are underutilized, the site may require infrastructure improvements, and end users face the general risk of obsolescence. Regarding obsolescence, the anchor tenant is a traditional grocer (Dominick’s), which operates in a highly competitive retail sector undergoing transformation as traditional grocers face challenges from discount grocers, independent grocers, “high-end” grocers and even atypical competitors such as national drugstores chains (now expanding their selection of food items to include perishable groceries). Remaining retail spaces may require reconfiguration and upgrades in order to be competitive in the marketplace, and to assist in overcoming obsolescence. Overall, the proposed TIF District generally suffers from a variety 425 of 508 Page 3 of economic development impediments as identified in the TIF Act and as documented in the TIF Qualification Report (Section V). Despite the challenges, the proposed Dempster/Dodge TIF has a number of important advantages that can be potentially leveraged via TIF establishment: An anchor tenant within the proposed TIF District; A TIF District at the junction of two arterial roads, which generates the vehicular traffic necessary to support commercial and retail uses; and New ownership that intends to coordinate with the City on making improvements to the site. Additionally, the area as mentioned would benefit from professional municipal management and the City’s increasing priority on economic development. On balance, the Dempster/Dodge TIF area has the potential for redevelopment of certain underutilized properties. As such, the City has identified a number of objectives for redevelopment, with tax increment financing acting as a tool to achieve them. Please refer to Section III of this report for additional information about the goals, objectives and activities to support redevelopment. The RPA would be suitable for new development if there is coordination of uses and redevelopment activity by the City. Through this TIF Redevelopment Plan and as part of its comprehensive economic development planning, the City intends to attract and encourage commercial and retail/mixed uses to locate, upgrade, expand and/or modernize their facilities within Evanston. Through the establishment of the RPA, the City would implement a program to redevelop key areas within the new TIF District and in so doing, it would stabilize the area, extend benefits to the community, and assist affected taxing districts over the long run. Rationale for Redevelopment Plan. The City recognizes the need for a strategy to revitalize properties and promote development within the boundaries of the RPA. The needed private investment would only be possible if a TIF district is adopted pursuant to the terms of the Act. Incremental property tax revenue generated by the project will play a decisive role in encouraging private development. Site conditions and diverse ownership that has discouraged intensive private investment in the past will be eliminated. Ultimately, the implementation of the Plan will benefit both the City and surrounding taxing districts, by virtue of the expected expansion of the tax base. The City has determined that the area as a whole would not be developed in a coordinated manner unless the adoption of the TIF Redevelopment Plan occurs. The City, with the assistance of KMA, has therefore commissioned this Plan to use tax increment financing in order to address local needs and to meet redevelopment goals and objectives. 426 of 508 Page 4 The adoption of this Plan makes possible the implementation of a comprehensive program for the economic redevelopment of the area. By means of public investment and land assembly, the RPA will become a more viable area that will attract private investment. The public investment and land assembly will lay the foundation for the redevelopment of the area with private capital. This in turn will set the stage for future retail, commercial and mixed use opportunities surrounding the area. The designation of the area as an RPA will allow the City to pursue the following beneficial strategies: Providing infrastructure that supports subsequent redevelopment plans for the RPA; Improvements to the site in preparation for redevelopment (“site prep”) and improvements to the structures in order to accommodate new tenants; Entering into redevelopment agreements in order to redevelop property and/or to induce new development to locate within the RPA; Establishing a pattern of land-use activities that will increase efficiency and economic inter-relationships, especially as such uses complement adjacent current and/or future commercial opportunities and City redevelopment projects within the RPA and/or surrounding area; and Enhancing area appearance through improvements to landscape, streetscape and signage. Through this Plan, the City will direct the coordination and assembly of the assets and investments of the private sector and establish a unified, cooperative public- private redevelopment effort. Several benefits are expected to accrue to the area: entry of new businesses; new employment opportunities; and physical and aesthetic improvements. Ultimately, the implementation of the Plan will benefit (a) the City, (b) the taxing districts serving the RPA, (c) residents and property owners adjacent to the RPA, and (d) existing and new businesses within the RPA. City Findings. The City, through legislative actions as required by the Act, finds: That the RPA as a whole has not been subject to growth and development through investment by private enterprise; That in order to promote and protect the health, safety, and welfare of the public, certain conditions that have adversely affected redevelopment within 427 of 508 Page 5 the RPA need to be addressed, and that redevelopment of such areas must be undertaken; To alleviate the adverse conditions, it is necessary to encourage private investment and enhance the tax base of the taxing districts in such areas by the development or redevelopment of certain areas; That public/private partnerships are determined to be necessary in order to achieve development goals; That without the development focus and resources provided for under the Act and as set forth in this Plan, growth and redevelopment would not reasonably be expected to be achieved; That the use of incremental tax revenues derived from the tax rates of various taxing districts in the RPA for the payment of redevelopment project costs is of benefit to the taxing districts, because the taxing districts would not derive the benefits of an increased assessment base without addressing the coordination of redevelopment; and That the TIF Redevelopment Plan conforms to the Evanston Comprehensive Plan, as detailed in Section III of this report. Additionally, the City finds that it is useful, desirable, and necessary for the City to assemble land into parcels of sufficient size to encourage development consistent with current standards. It is further found, and certified by the City, in connection to the statutory process required for the adoption of this Plan, that (a) the that the RPA does not contain over seventy-five (75) inhabited residential units and (b) projected redevelopment of the RPA will not result in the displacement of ten (10) inhabited residential units or more. Therefore, this Plan does not include a Housing Impact Study. The redevelopment activities that will take place within the RPA will produce benefits that are reasonably distributed throughout the RPA. Redevelopment of the RPA area is tenable only if a portion of the improvements and other costs are funded by TIF. Pursuant to the Act, the RPA includes only those contiguous parcels of real property and improvements thereon substantially benefited by the redevelopment project. Also pursuant to the Act, the area in the aggregate is more than 1½ acres. A boundary map of the RPA is included in Appendix 2 of this Plan. 428 of 508 Page 6 II. RPA LEGAL DESCRIPTION The Redevelopment Project Area legal description is attached in Appendix 1. 429 of 508 Page 7 III. RPA GOALS AND OBJECTIVES The City has established a number of economic development goals, objectives, and strategies which would determine the types of activities to be undertaken within the proposed Dempster/Dodge TIF District. These efforts would conform to and promote the achievement of land use objectives in the City’s Comprehensive Plan. Exhibit 1 Relationship of Land Use and Economic Development Plans As indicated in the exhibit above, the City’s primary planning document is the Comprehensive Plan which describes the overall vision for the City and is the foundation for City initiatives such as the proposed Dempster/Dodge TIF District. This overarching planning document determines future land uses and influences all other City planning efforts such as the TIF planning process. General Economic Development Goals of the City. Establishment of the proposed Dempster/Dodge TIF supports the following City-wide objectives RPA Objectives, Strategies and Measures General Economic Development Goals City Comprehensive Plan Goals 430 of 508 Page 8 established in the Comprehensive Plan that would directly determine future economic development activities and influence the parameters of future redevelopment projects. Exhibit 2 identifies certain Comprehensive Plan goals that pertain to the proposed Dempster/Dodge TIF. Exhibit 2 Components of Comprehensive Plan Applicable to Dempster/Dodge TIF Comprehensive Plan Objectives Policies/Actions Promote the growth and redevelopment of business, commercial, and industrial areas Encourage the location of new or expanding businesses in existing commercial and mixed-use locations that would benefit from redevelopment, including the Evanston Plaza Retain and attract businesses in order to strengthen Evanston's economic base Support a cooperative marketing effort [with external entities] to attract new businesses to vacant storefronts and commercial spaces Recognize and support the strong role neighborhood business districts play in Evanston's economy and its identity Protect and enhance the traditional character of neighborhood business districts; carefully examine proposed design changes using the Zoning and Sign Ordinances, and site plan and appearance review Develop strategies where feasible for addressing parking and circulation concerns of merchants and surrounding residents Support and encourage efforts at employment assistance and linkages Promote and support job readiness and training programs as well as small business start-up assistance programs Invest in annual maintenance of Evanston’s water and sewer systems Complete the ongoing sewer improvement strategy, stressing preventive maintenance as an ongoing policy for the future Source: City of Evanston Comprehensive General Plan, 2000 TIF designation would allow the City to pursue the following objectives within the RPA: o Reduce or eliminate blight or other negative factors present within the area; o Coordinate redevelopment activities within the RPA in order to provide a positive marketplace signal to private investors; o Accomplish redevelopment over a reasonable time period; o Create an attractive overall appearance for the area; and 431 of 508 Page 9 o Further the goals and objectives of the Comprehensive Plan. Ultimately, the implementation of the Redevelopment Plan would contribute to the economic development of the area and provide new employment opportunities for City residents. The RPA-specific objectives would be fulfilled by the execution of certain strategies, including but not limited to the following: o Facilitating the preparation of improved and vacant sites, by assisting any private developer(s) to assemble suitable sites for modern development needs; o Coordinating site preparation and rehabilitation of structures to provide additional land for new development, as appropriate; o Fostering the replacement, repair, and/or improvement of infrastructure, including (as needed) sidewalks, streets, curbs, gutters and underground water and sanitary systems to facilitate the construction of new development within the RPA; o Facilitating the provision of adequate on- and off-street parking within the RPA; and/or o Coordinating development in tandem with any transportation system upgrades to make the area more accessible. To track success in meeting RPA-specific objectives and strategies, the City may wish to consider establishing certain performance measures that would help the City monitor the projects to be undertaken within the proposed RPA. The Government Finance Officers Association recommends that municipalities adopting TIF districts evaluate actual against projected performance (e.g., using metrics such as job creation or tax revenue generation). Exhibit 3 below identifies the types of performance measures the City may consider to track the performance of projects within the RPA. (Section VI of this report discusses the types of projects that the City may pursue within the RPA, with the caveat that specific projects at this point are only conceptual in nature.) Exhibit 3 Examples of TIF Performance Measures Measure Examples Input Public investment ($) Private investment ($) Acres of land assembled for TIF Bond proceeds 432 of 508 Page 10 Output/Workload Jobs created or retained Number of streetscaping fixtures installed Commercial space created (square feet) Efficiency Leverage ratio (private investment / public investment) Cost per square foot of commercial space Public subsidies per job created/retained Effectiveness % change in assessed value (AV) in TIF versus AV in rest of City % change in AV within TIF before and after TIF creation Municipal sales taxes before and after TIF creation Risk Debt coverage ratio Credit ratings of anchor tenants Tenant diversification (e.g., percent of total TIF EAV attributable to top 10 tenants in commercial development) Source: An Elected Official’s Guide to Tax Increment Financing, Government Finance Officers Association, 2005. 433 of 508 Page 11 IV. EVIDENCE OF THE LACK OF DEVELOPMENT AND GROWTH; FISCAL IMPACT ON TAXING DISTRICTS Evidence of the Lack of Development and Growth within the RPA. As documented in Appendix 5 of this Plan, the RPA has suffered from the lack of development and would qualify as a Conservation Area (for the improved sub- area) and as a blighted area (for the vacant sub-area). In recent years, the area has not benefited from sustained private investment and/or development, instead suffering economic decline. Absent intervention by the City, properties within the RPA would not be likely to gain in value. The proposed RPA exhibits various conditions which, if not addressed by the City, would eventually result in blight. Those conditions include structures and public improvements reflecting obsolescence as well as other deficiencies. These various conditions discourage private sector investment in business enterprises. Assessment of Fiscal Impact on Affected Taxing Districts. It is not anticipated that the implementation of this Plan will have a negative financial impact on the affected taxing districts. Instead, action taken by the City to stabilize and cause growth of its tax base through the implementation of this Plan will have a positive impact on the affected taxing districts by arresting the potential decline or lag in property values, as measured by assessed valuations (AV). In short, the establishment of a TIF district would protect other taxing districts from the potential downside risk of falling AV. Should the City achieve success in attracting private investment which results in the need for documented increased services from any taxing districts, the City will consider the declaration of “surplus funds,” as defined under the Act and pursuant to any executed intergovernmental agreement. Such funds which are neither expended nor obligated for TIF-related purposes can be used to assist affected taxing districts in paying the costs for increased services. Any surplus Special Tax Allocation Funds (to the extent any surplus exists) will be shared in proportion to the various tax rates imposed by the taxing districts, including the City. Any such sharing would be undertaken after all TIF-eligible costs – either expended or incurred as an obligation by the City – have been duly accounted for through administration of the Special Tax Allocation Fund to be established by the City as provided by the Act. An exception to the tax-sharing provision relates to the City’s utilization of TIF funding to mitigate the impact of residential redevelopment upon school districts. In such cases, the City will provide funds to offset the costs incurred by the eligible school districts in the manner prescribed by 65 ILCS Section 5/11- 74.4.3(q)(7.5) of the Act. It should be noted that new residential uses are not expected as part of future redevelopment activities. (Refer to Section VI of this Report, which describes allowable TIF project costs.) 434 of 508 Page 12 V. TIF QUALIFICATION FACTORS PRESENT IN THE RPA Findings. The RPA was studied to determine its qualifications under the Tax Increment Allocation Redevelopment Act. It was determined that the area as a whole qualifies as a TIF district under the Act. Refer to the TIF Qualification Report, attached as Appendix 5 in this Plan. Eligibility Survey. Representatives of KMA and City staff evaluated the RPA from late 2011 to the date of the publication of this Plan. Analysis was aided by certain reports obtained from the City, reports from City engineering consultants, on-site due diligence, and other sources. In KMA’s evaluation, only information was recorded which would help assess the eligibility of the proposed area as a TIF District. 435 of 508 Page 13 VI. REDEVELOPMENT PROJECT Redevelopment Plan and Project Objectives. As indicated in Section III of this Report, the City has established a planning process which guides economic development and land use activities throughout the City. Consistent with the established planning process, the City proposes to achieve economic development goals and objectives through the redevelopment of the Dempster/Dodge TIF, pursuit of projects within the RPA, and the promotion of private investment via public financing techniques (including but not limited to tax increment financing). The project-specific objectives envisioned for the Dempster/Dodge TIF are as follows: 1) Implementing a plan that provides for the attraction of users and tenants to redevelop underutilized land and buildings that are available within the RPA. 2) Constructing public improvements which may include (if necessary): Street and sidewalk improvements (including new street construction and widening of current streets; any street widening would conform with City standards for context-sensitive design); Utility improvements (including, but not limited to, water, stormwater management, and sanitary sewer projects consisting of construction and rehabilitation); Signalization, traffic control and lighting; Off-street parking and public parking facilities; and Landscaping, streetscaping, and beautification. 3) Entering into Redevelopment Agreements with developers for qualified redevelopment projects, including (but not limited to) the provision of an interest rate subsidy as allowed under the Act. 4) Providing for site preparation, clearance, environmental remediation, and demolition, including grading and excavation (any demolition activities would conform to City criteria for allowing demolition) as needed. 5) Providing for the rehabilitation of structures in order to improve the occupancy and appearance of the property within the RPA. 6) Exploration and review of job training programs in coordination with any City, federal, state, and county programs. 7) Entering into agreements for the development and/or construction of public facilities and infrastructure. 436 of 508 Page 14 Redevelopment Activities. Pursuant to the project objectives cited above, the City will implement a coordinated program of actions. These include, but are not limited to, land acquisition, land disposition, site preparation, clearance, demolition, provision of public infrastructure and related public improvements, construction of new public facilities, and rehabilitation of structures, if necessary. Such activities conform to the provision of the TIF Act that define the scope of permissible redevelopment activities. Site Preparation, Clearance, Relocation and Demolition Property within the RPA may be improved through the use of site clearance, excavation, environmental remediation or demolition prior to redevelopment. The land may also be graded and cleared prior to redevelopment. Relocation may also be required under the TIF Act; the City would conform to the provisions of the Act. Land Assembly and Disposition Certain properties or interests in properties in the RPA may be acquired by purchase or the exercise of eminent domain. Properties owned by or acquired by the City may be assembled and reconfigured into appropriate redevelopment sites. If necessary, the City would facilitate private acquisition through reimbursement of acquisition and related costs as well as through the write-down of its acquisition costs. Such land may be held or disposed of by the City on terms appropriate for public or private development, including the acquisition of land needed for construction of public improvements. Public Improvements The City may, but is not required to, provide public improvements in the RPA to enhance the immediate area and support the Plan. Appropriate public improvements may include, but are not limited to: Improvements and/or construction of public utilities including extension of water mains as well as sanitary and storm sewer systems, roadways, and traffic-related improvements; Parking facilities; and Beautification, identification markers, landscaping, lighting, and signage of public right-of-ways. Rehabilitation/Taxing District Capital Costs The City may provide for the rehabilitation of certain structures within the RPA in order to provide for the redevelopment of the area and conform to City code provisions. Improvements may include exterior and facade-related work as well as interior-related work. 437 of 508 Page 15 The City may construct or provide for the construction and reimbursement for new facilities to be owned or used by units of local government. The City does not expect that locally designated landmarks or properties listed on or eligible for listing on the National Register of Historic Places (or properties significantly contributing to districts listed on the National Register of Historic Places) will be demolished or modified in connection with the Plan. Interest Rate Write-Down The City may enter into agreements with for-profit or non-profit owners/developers whereby a portion of the interest cost for construction, renovation or rehabilitation projects are paid out of the Special Tax Allocation fund of the RPA, in accordance with the Act. Job Training The City may assist facilities and enterprises located within the RPA in obtaining job training assistance. Job training and retraining programs currently available from or through other governments include, but are not limited to: Federal programs; State of Illinois programs; Applicable local vocational educational programs, including community college sponsored programs; and Other federal, state, county or non-profit programs that are currently available or will be developed and initiated over time. School District Costs The City may provide for payment of school district costs as provided for in the Act relating to residential components assisted through TIF funding. General Land Use Plan. As noted in Section I of this report, the proposed RPA currently contains primarily retail uses. Existing land uses are shown in Appendix 3 attached hereto and made a part of this Plan. Appendix 4 designates future land uses in the Redevelopment Project Area and includes retail, commercial, and mixed uses. Future land uses will conform to the Zoning Ordinance and the Comprehensive Plan as either may be amended from time to time. 438 of 508 Page 16 Additional Design and Control Standards. The appropriate design standards (including any Planned Unit Developments) as set forth in the City’s Zoning Ordinance and/or Comprehensive Plan shall apply to the RPA. Eligible Redevelopment Project Costs. Under the TIF statute, redevelopment project costs mean and include the sum total of all reasonable or necessary costs incurred or estimated to be incurred as well as any such costs incidental to the Plan. (Private investments, which supplement “Redevelopment Project Costs,” are expected to substantially exceed such redevelopment project costs.) Eligible costs permitted by the Act and pertaining to this Plan include: (1) Professional Service Costs – Costs of studies, surveys, development of plans, and specifications, implementation and administration of the redevelopment plan including but not limited to staff and professional service costs for architectural, engineering, legal, financial, planning or other services, provided however that no charges for professional services may be based on a percentage of the tax increment collected; except that on and after November 1, 1999 (the effective date of Public Act 91-478), no contracts for professional services, excluding architectural and engineering services, may be entered into if the terms of the contract extend beyond a period of 3 years. After consultation with the municipality, each tax increment consultant or advisor to a municipality that plans to designate or has designated a redevelopment project area shall inform the municipality in writing of any contracts that the consultant or advisor has entered into with entities or individuals that have received, or are receiving, payments financed by tax increment revenues produced by the redevelopment project area with respect to which the consultant or advisor has performed, or will be performing, service for the municipality. This requirement shall be satisfied by the consultant or advisor before the commencement of services for the municipality and thereafter whenever any other contracts with those individuals or entities are executed by the consultant or advisor;  The cost of marketing sites within the redevelopment project area to prospective businesses, developers, and investors;  Annual administrative costs shall not include general overhead or administrative costs of the municipality that would still have been incurred by the municipality if the municipality had not designated a redevelopment project area or approved a redevelopment plan;  In addition, redevelopment project costs shall not include lobbying expenses; (2) Property Assembly Costs – Costs including but not limited to acquisition of land and other property (real or personal) or rights or interests therein, demolition of buildings, site preparation, site improvements that serve as 439 of 508 Page 17 an engineered barrier addressing ground level or below ground environmental contamination, including, but not limited to parking lots and other concrete or asphalt barriers, and the clearing and grading of land; (3) Improvements to Public or Private Buildings – Costs of rehabilitation, reconstruction, repair, or remodeling of existing public or private buildings, fixtures, and leasehold improvements; and the cost of replacing an existing public building if pursuant to the implementation of a redevelopment project the existing public building is to be demolished to use the site for private investment or devoted to a different use requiring private investment; (4) Public Works – Costs of the construction of public works or improvements, except that on and after November 1, 1999, redevelopment project costs shall not include the cost of constructing a new municipal public building principally used to provide offices, storage space, or conference facilities or vehicle storage, maintenance, or repair for administrative, public safety, or public works personnel and that is not intended to replace an existing public building as provided under paragraph (3) of subsection (q) of Section 11-74.4-3 unless either (i) the construction of the new municipal building implements a redevelopment project that was included in a redevelopment plan that was adopted by the municipality prior to November 1, 1999 or (ii) the municipality makes a reasonable determination in the redevelopment plan, supported by information that provides the basis for that determination, that the new municipal building is required to meet an increase in the need for public safety purposes anticipated to result from the implementation of the redevelopment plan; (5) Job Training – Costs of job training and retraining projects, including the cost of "welfare to work" programs implemented by businesses located within the redevelopment project area; (6) Financing Costs – Costs including but not limited to all necessary and incidental expenses related to the issuance of obligations and which may include payment of interest on any obligations issued hereunder including (a) interest accruing during the estimated period of construction of any redevelopment project for which such obligations are issued and for a period not exceeding 36 months thereafter and (b) reasonable reserves related thereto; (7) Capital Costs – To the extent the municipality by written agreement accepts and approves the same, all or a portion of a taxing district's capital costs resulting from the redevelopment project necessarily incurred or to be incurred within a taxing district in furtherance of the objectives of the redevelopment plan and project; 440 of 508 Page 18 (8) School-Related Costs – For redevelopment project areas designated (or redevelopment project areas amended to add or increase the number of tax-increment-financing assisted housing units) on or after November 1, 1999, an elementary, secondary, or unit school district's increased costs attributable to assisted housing units located within the redevelopment project area for which the developer or redeveloper receives financial assistance through an agreement with the municipality or because the municipality incurs the cost of necessary infrastructure improvements within the boundaries of the assisted housing sites necessary for the completion of that housing as authorized by the Act, and which costs shall be paid by the municipality from the Special Tax Allocation Fund when the tax increment revenue is received as a result of the assisted housing units and shall be calculated annually;1 (9) Relocation Costs – To the extent that a municipality determines that relocation costs shall be paid or is required to make payment of relocation costs by federal or State law or in order to satisfy subparagraph (7) of subsection (n) of the Act; (10) Payment in lieu of taxes; (11) Other Job Training – Costs of job training, retraining, advanced vocational education or career education, including but not limited to courses in occupational, semi-technical or technical fields leading directly 1 The calculation is as follows: (A) for foundation districts, excluding any school district in a municipality with a population in excess of 1,000,000, by multiplying the district's increase in attendance resulting from the net increase in new students enrolled in that school district who reside in housing units within the redevelopment project area that have received financial assistance through an agreement with the municipality or because the municipality incurs the cost of necessary infrastructure improvements within the boundaries of the housing sites necessary for the completion of that housing as authorized by the Act since the designation of the redevelopment project area by the most recently available per capita tuition cost as defined in Section 10-20.12a of the School Code less any increase in general State aid as defined in Section 18-8.05 of the School Code attributable to these added new students subject to the following annual limitations: (i) for unit school districts with a district average 1995-96 Per Capita Tuition Charge of less than $5,900, no more than 25% of the total amount of property tax increment revenue produced by those housing units that have received tax increment finance assistance under the Act; (ii) for elementary school districts with a district average 1995-96 Per Capita Tuition Charge of less than $5,900, no more than 17% of the total amount of property tax increment revenue produced by those housing units that have received tax increment finance assistance under the Act; and (iii) for secondary school districts with a district average 1995-96 Per Capita Tuition Charge of less than $5,900, no more than 8% of the total amount of property tax increment revenue produced by those housing units that have received tax increment finance assistance under the Act. (B) For alternate method districts, flat grant districts, and foundation districts with a district average 1995- 96 Per Capita Tuition Charge equal to or more than $5,900, excluding any school district with a population in excess of 1,000,000, by multiplying the district's increase in attendance resulting from the net increase in new students enrolled in that school district who reside in housing units within the redevelopment project area that have received financial assistance through an agreement with the municipality or because the municipality incurs the cost of necessary infrastructure improvements within the boundaries of the housing sites necessary for the completion of that housing as authorized by the Act since the designation of the redevelopment project area by the most recently available per capita tuition cost as defined in Section 10-20.12a of the School Code less any increase in general state aid as defined in Section 18-8.05 of the School Code attributable to these added new students subject to the following annual limitations: (i) for unit school districts, no more than 40% of the total amount of property tax increment revenue produced by those housing units that have received tax increment finance assistance under the Act; (ii) for elementary school districts, no more than 27% of the total amount of property tax increment revenue produced by those housing units that have received tax increment finance assistance under the Act; and (iii) for secondary school districts, no more than 13% of the total amount of property tax increment revenue produced by those housing units that have received tax increment finance assistance under the Act. (C) For any school district in a municipality with a population in excess of 1,000,000, additional provisions apply. 441 of 508 Page 19 to employment, incurred by one or more taxing districts, provided that such costs (i) are related to the establishment and maintenance of additional job training, advanced vocational education or career education programs for persons employed or to be employed by employers located in a redevelopment project area; and (ii) when incurred by a taxing district or taxing districts other than the municipality, are set forth in a written agreement by or among the municipality and the taxing district or taxing districts, which agreement describes the program to be undertaken, including but not limited to the number of employees to be trained, a description of the training and services to be provided, the number and type of positions available or to be available, itemized costs of the program and sources of funds to pay for the same, and the term of the agreement. Such costs include, specifically, the payment by community college districts of costs pursuant to Sections 3-37, 3-38, 3-40 and 3-40.1 of the Public Community College Act and by school districts of costs pursuant to Sections 10-22.20a and 10-23.3a of The School Code; (12) Developer Interest Cost – Interest cost incurred by a redeveloper related to the construction, renovation or rehabilitation of a redevelopment project provided that: (A) Such costs are to be paid directly from the special tax allocation fund established pursuant to the Act; (B) Such payments in any one year may not exceed 30% of the annual interest costs incurred by the redeveloper with regard to the redevelopment project during that year; (C) If there are not sufficient funds available in the special tax allocation fund to make the payment then the amounts so due shall accrue and be payable when sufficient funds are available in the special tax allocation fund; (D) The total of such interest payments paid pursuant to the Act may not exceed 30% of the total (i) cost paid or incurred by the redeveloper for the redevelopment project plus (ii) redevelopment project costs excluding any property assembly costs and any relocation costs incurred by a municipality pursuant to the Act; (E) The cost limits set forth in subparagraphs (B) and (D) of paragraph shall be modified for the financing of rehabilitated or new housing units for low-income households and very low-income households, as defined in Section 3 of the Illinois Affordable Housing Act. The percentage of 75% shall be substituted for 30% in subparagraphs (B) and (D); (F) Instead of the eligible costs provided by subparagraphs (B) and (D), as modified by this subparagraph, and notwithstanding any other provisions of the Act to the contrary, the municipality may pay from tax increment revenues up to 50% of the cost of construction of new housing units to be occupied by low-income households and very low-income households as defined in Section 3 of the Illinois Affordable Housing Act. The cost of construction of those units may be derived from the proceeds of bonds issued by the municipality under 442 of 508 Page 20 the Act or other constitutional or statutory authority or from other sources of municipal revenue that may be reimbursed from tax increment revenues or the proceeds of bonds issued to finance the construction of that housing. The eligible costs provided under this subparagraph (F) shall be an eligible cost for the construction, renovation, and rehabilitation of all low and very low-income housing units, as defined in Section 3 of the Illinois Affordable Housing Act, within the redevelopment project area. If the low and very low-income units are part of a residential redevelopment project that includes units not affordable to low and very low-income households, only the low and very low- income units shall be eligible for benefits under subparagraph (F).2 The TIF Act prohibits certain costs. Unless explicitly stated herein the cost of construction of new privately-owned buildings shall not be an eligible redevelopment project cost. In addition, the statute prohibits costs related to retail development that results in the closing of nearby facilities of the same retailers. Specifically, none of the redevelopment project costs enumerated in the Act shall be eligible redevelopment project costs if those costs would provide direct financial support to a retail entity initiating operations in the redevelopment project area while terminating operations at another Illinois location within 10 miles of the redevelopment project area but outside the boundaries of the redevelopment project area municipality.3 Projected Redevelopment Project Costs. Estimated project costs are shown in Exhibit 4 below. Adjustments to estimated line-item costs below are expected and may be made without amendment to the Redevelopment Plan. Each individual project cost will be reevaluated in light of the projected private development and resulting tax revenues as it is considered for public financing under the provisions of the Act. Further, the projected cost of an individual line-item as set forth below is not intended to place a limit on the described line-item expenditure. Adjustments may be made in line-items, either increasing or decreasing line-item costs for redevelopment. The specific items listed below are not intended to preclude payment of other eligible redevelopment project costs in connection with the 2 The standards for maintaining the occupancy by low-income households and very low-income households, as defined in Section 3 of the Illinois Affordable Housing Act, of those units constructed with eligible costs made available under the provisions of this subparagraph (F) of paragraph (11) shall be established by guidelines adopted by the municipality. The responsibility for annually documenting the initial occupancy of the units by low-income households and very low-income households, as defined in Section 3 of the Illinois Affordable Housing Act, shall be that of the then current owner of the property. For ownership units, the guidelines will provide, at a minimum, for a reasonable recapture of funds, or other appropriate methods designed to preserve the original affordability of the ownership units. For rental units, the guidelines will provide, at a minimum, for the affordability of rent to low and very low-income households. As units become available, they shall be rented to income-eligible tenants. The municipality may modify these guidelines from time to time; the guidelines, however, shall be in effect for as long as tax increment revenue is being used to pay for costs associated with the units or for the retirement of bonds issued to finance the units or for the life of the redevelopment project area, whichever is later. 3 Termination means a closing of a retail operation that is directly related to the opening of the same operation or like retail entity owned or operated by more than 50% of the original ownership in a redevelopment project area, but it does not mean closing an operation for reasons beyond the control of the retail entity, as documented by the retail entity, subject to a reasonable finding by the municipality that the current location contained inadequate space, had become economically obsolete, or was no longer a viable location for the retailer or serviceman. 443 of 508 Page 21 redevelopment of the RPA, provided the total amount of payment for eligible redevelopment project costs (the “Total Estimated TIF Budget” in Exhibit 4) shall not exceed the amount set forth below, as adjusted pursuant to the Act. Exhibit 4 RPA Project Cost Estimates Program Actions/Improvements Estimated Costs Land Acquisition, Assembly, and Relocation $500,000 Site Preparation, Including Environmental Remediation, Demolition, and Site Grading $4,000,000 Utility Improvements (Including Water, Storm, Sanitary Sewer, Service of Public Facilities, and Road Improvements) $3,000,000 Rehabilitation of Existing Structures; Taxing District Capital Improvements $4,750,000 Public Facilities (including Parking Facilities and Streetscaping) $4,000,000 Interest Costs Pursuant to the Act $1,250,000 Professional Service Costs (Including Planning, Legal, Engineering, Administrative, Annual Reporting, and Marketing) $1,250,000 Job Training $1,000,000 Statutory School District Payments $250,000 TOTAL ESTIMATED TIF BUDGET $20,000,000 Notes: (1) All project cost estimates are in 2012 dollars. Costs may be adjusted for inflation per the TIF Act. (2) In addition to the costs identified in the exhibit above, any bonds issued to finance a phase of the Project may include an amount sufficient to pay (a) customary and reasonable charges associated with the issuance of such obligations, (b) interest on such bonds, and (c) capitalized interest and reasonably required reserves. (3) Adjustments to the estimated line-item costs above are expected. Adjustments may be made in line-items within the total, either increasing or decreasing line-items costs for redevelopment. Each individual project cost will be reevaluated in light of the projected private development and resulting tax revenues as it is considered for public financing under the provisions of the Act. The individual line-items set forth above are not intended to place an individual limit on the described expenditures – provided that the total amount of payments for eligible redevelopment project costs shall not exceed the “total estimated TIF budget” listed above. As explained in the following sub-section, incremental property tax revenues from any contiguous RPA may used to pay eligible costs for the Dempster/Dodge TIF. Sources of Funds to Pay Redevelopment Project Costs. Funds necessary to pay for public improvements and other project costs eligible under the Act are to be derived principally from incremental property tax revenues, proceeds from municipal obligations to be retired primarily with such revenues, and interest earned on resources available but not immediately needed for the Plan. In addition, pursuant to the TIF Act and this Plan, the City may utilize net incremental property tax revenues received from other contiguous RPAs to pay eligible redevelopment project costs or obligations issued to pay such costs in contiguous project areas. This would include contiguous TIFs that the City may establish in the future. (Conversely, incremental revenues from the Dempster/Dodge TIF may be allocated to any contiguous TIF Districts.) 444 of 508 Page 22 Redevelopment project costs as identified in Exhibit 4 specifically authorize those eligible costs set forth in the Act and do not address the preponderance of the costs to redevelop the area. The majority of development costs will be privately financed. TIF or other public sources are to be used, subject to approval by the City Council, only to leverage and commit private redevelopment activity. The incremental tax revenues which will be used to pay debt service on the municipal obligations (if any) and to directly pay redevelopment project costs shall be the incremental increase in property taxes. The property tax increment would be attributable to the increase in the equalized assessed value of each taxable lot, block, tract or parcel of real property in the RPA – over and above the initial equalized assessed value of each such lot, block, tract or parcel in the RPA in the 2010 tax year for the RPA. Among the other sources of funds which may be used to pay for redevelopment project costs and debt service on municipal obligations issued to finance project costs are the following: certain local sales or utility taxes, special service area taxes, the proceeds of property sales, certain land lease payments, certain Motor Fuel Tax revenues, certain state and federal grants or loans, certain investment income, and such other sources of funds and revenues as the City may from time to time deem appropriate. Nature and Term of Obligations to Be Issued. The City may issue obligations secured by the Special Tax Allocation Fund established for the Redevelopment Project Area pursuant to the Act or such other funds as are available to the City by virtue of its power pursuant to the Illinois State Constitution. Any and all obligations issued by the Village pursuant to this Plan and the Act shall be retired not more than twenty-three (23) years after the date of adoption of the ordinance approving the RPA, or as such a later time permitted pursuant to the Act and to the extent such obligations are reliant upon the collection of incremental property tax revenues from the completion of the twenty-third year of the TIF, with taxes collected in the twenty-fourth year. However, the final maturity date of any obligations issued pursuant to the Act may not be later than twenty (20) years from their respective date of issuance. One or more series of obligations may be issued from time to time in order to implement this Plan. The total principal and interest payable in any year on all obligations shall not exceed the amount available in that year or projected to be available in that year. The total principal and interest may be payable from tax increment revenues (including tax increment revenues from current or future contiguous TIF Districts) and from bond sinking funds, capitalized interest, debt service reserve funds, and all other sources of funds as may be provided by ordinance. 445 of 508 Page 23 Certain revenues may be declared as surplus funds if not required for: principal and interest payments, required reserves, bond sinking funds, redevelopment project costs, early retirement of outstanding securities, or facilitating the economical issuance of additional bonds necessary to accomplish the Redevelopment Plan. Such surplus funds shall then become available for distribution annually to taxing districts overlapping the RPA in the manner provided by the Act. Securities may be issued on either a taxable or tax-exempt basis, as general obligation or revenue bonds. Further, the securities may be offered on such terms as the City may determine, with or without the following features: capitalized interest; deferred principal retirement; interest rate limits (except as limited by law); and redemption provisions. Additionally, such securities may be issued with either fixed rate or floating interest rates. Most Recent Equalized Assessed Valuation for the RPA. The most recent equalized assessed valuation for the RPA is based on the 2010 EAV, and is estimated to be approximately $10,816,879. It is anticipated the estimated base EAV for establishment of the RPA will be the 2010 EAV. (The 2010 EAV estimate herein is to be updated when the State of Illinois equalizer is published and values are certified.) Anticipated Equalized Assessed Valuation for the RPA. Upon completion of the anticipated private development of the RPA over a twenty- three (23) year period, it is estimated that the EAV of the property within the RPA would increase to approximately $30,000,000 to $35,000,000 depending upon market conditions and the scope of the redevelopment projects. 446 of 508 Page 24 VII. DESCRIPTION AND SCHEDULING OF REDEVELOPMENT PROJECT Redevelopment Project. The City will implement a strategy with full consideration given to the availability of both public and private funding. It is anticipated that a phased redevelopment will be undertaken. The Redevelopment Project will begin as soon as the private entities have obtained financing approvals for appropriate projects and such uses conform to City zoning and planning requirements, or if the City undertakes redevelopment activities pursuant to this Plan. Depending upon the scope of the development as well as the actual uses, the following activities may be undertaken by the City:  Land Assembly and Relocation: Certain properties in the RPA may be acquired and assembled into an appropriate redevelopment site, with relocation costs undertaken as provided by the Act. If necessary, the City would facilitate private acquisition through reimbursement or write-down of related costs, including without limitation the acquisition of land needed for construction of public improvements.  Demolition and Site Preparation: The existing improvements located within the RPA may have to be reconfigured or prepared to accommodate new uses or expansion plans. Demolition of certain parcels may be necessary for future projects. Additionally, the redevelopment plan contemplates site preparation, or other requirements including environmental remediation necessary to prepare the site for desired redevelopment projects.  Rehabilitation: The City may assist in the rehabilitation of buildings or site improvements located within the RPA.  Landscaping/Buffering/Streetscaping: The City may fund certain landscaping projects, which serve to beautify public properties or rights-of- way and provide buffering between land uses.  Water, Sanitary Sewer, Storm Sewer and Other Utility Improvements: Certain utilities may be extended or re-routed to serve or accommodate the new development. Upgrading of existing utilities may be undertaken. The City may also undertake the provision of necessary detention or retention ponds.  Roadway/Street/Parking Improvements: The City may widen and/or vacate existing roads. Certain secondary streets/roads may be extended or constructed. Related curb, gutter, and paving improvements could also be constructed as needed. Parking facilities may be constructed that would be available to the public. Utility services may also be provided or relocated in order to accommodate redevelopment activities. 447 of 508 Page 25  Traffic Control/Signalization: Traffic control or signalization improvements that improve access to the RPA and enhance its redevelopment may be constructed.  Public Safety-Related Infrastructure: Certain public safety improvements including, but not limited to, public signage, public facilities, and streetlights may be constructed or implemented.  School District Costs: The payment of such costs may be provided pursuant to the requirements of the TIF Act.  Interest Costs Coverage: The City may fund certain interest costs incurred by a developer for construction, renovation or rehabilitation of a redevelopment project. Such funding would be paid for out of annual tax increment revenue generated from the RPA as allowed under the Act.  Professional Services: The City may fund necessary planning, legal, engineering, administrative and financing costs during project implementation. The City may reimburse itself from annual tax increment revenue if available. Commitment to Fair Employment Practices and Affirmative Action. As part of any Redevelopment Agreement entered into by the City and any private developers, both parties will agree to establish and implement an honorable, progressive, and goal-oriented affirmative action program that serves appropriate sectors of the City. The program will conform to the most recent City policies and plans. With respect to the public/private development’s internal operations, both entities will pursue employment practices which provide equal opportunity to all people regardless of sex, color, race, creed, or sexual orientation. Neither party will discriminate against any employee or applicant because of sex, marital status, national origin, age, sexual orientation, or the presence of physical handicaps. These nondiscriminatory practices will apply to all areas of employment, including: hiring, upgrading and promotions, terminations, compensation, benefit programs, and education opportunities. All those involved with employment activities will be responsible for conformance to this policy and compliance with applicable state and federal regulations. The City and private developers will adopt a policy of equal employment opportunity and will include or require the inclusion of this statement in all contracts and subcontracts at any level. Additionally, any public/private entities will seek to ensure and maintain a working environment free of harassment, intimidation, and coercion at all sites, and in all facilities at which all employees 448 of 508 Page 26 are assigned to work. It shall be specifically ensured that all on-site supervisory personnel are aware of and carry out the obligation to maintain such a working environment, with specific attention to minority and/or female individuals. Finally, the entities will utilize affirmative action to ensure that business opportunities are provided and that job applicants are employed and treated in a nondiscriminatory manner. Underlying this policy is the recognition by the entities that successful affirmative action programs are important to the continued growth and vitality of the community. Completion of Redevelopment Project and Retirement of Obligations to Finance Redevelopment Costs. This Redevelopment Project and retirement of all obligations to finance redevelopment costs will be completed within twenty-three (23) years after the adoption of an ordinance designating the Redevelopment Project Area. The actual date for such completion and retirement of obligations shall not be later than December 31 of the year in which the payment to the municipal treasurer pursuant to the Act is to be made with respect to ad valorem taxes levied in the twenty-third calendar year after the ordinance approving the RPA is adopted. 449 of 508 Page 27 VIII. PROVISIONS FOR AMENDING THE TIF PLAN AND PROJECT This Plan may be amended pursuant to the provisions of the Act. 450 of 508 APPENDIX 1 Legal Description of Project Area 451 of 508 KR/jmc S:\EVANSTON\120101\Survey\Plots\2012-02-24\Legal Description-DEMPSTER&DODGE TIF.022012.doc LEGAL DESCRIPTION (DEMPSTER/DODGE TIF): THAT PART OF THE NORTH HALF OF SECTION 24, TOWNSHIP 41 NORTH, RANGE 13 EAST OF THE THIRD PRINCIPAL MERIDIAN IN COOK COUNTY, ILLINOIS, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF LOT 1 IN BANBURY THIRD CONSOLIDATION, BEING A PLAT IN THAT PART OF THE NORTHWEST QUARTER OF SAID SECTION 24, ACCORDING TO THE PLAT THEREOF RECORDED MARCH 27, 1987 AS DOCUMENT NO. 87162463; THENCE SOUTHWESTERLY, WESTERLY, SOUTHWESTERLY, SOUTHEASTERLY AND SOUTHWESTERLY ALONG THE NORTHWESTERLY LINE OF SAID LOT 1 TO A POINT THAT IS 241.64 FEET NORTHWESTERLY OF THE MOST SOUTHWESTERLY CORNER OF SAID LOT 1 AS MEASURED ALONG SAID NORTHWESTERLY LINE; THENCE SOUTHEASTERLY AT A RIGHT ANGLE TO SAID NORTHWESTERLY LINE 5.00 FEET; THENCE SOUTHWESTERLY ALONG A LINE 5.00 FEET SOUTHEASTERLY OF AND PARALLEL TO SAID NORTHWESTERLY LINE TO A POINT ON THE NORTH RIGHT-OF-WAY LINE OF GREENLEAF STREET; THENCE EASTERLY ALONG SAID NORTH RIGHT-OF-WAY LINE OF GREENLEAF STREET TO THE SOUTHWEST CORNER OF LOT 1 IN ARENS CONTROLS, INC. CONSOLIDATION, BEING A PART OF THE NORTHWEST QUARTER OF SAID SECTION 24, ACCORDING TO THE PLAT THEREOF RECORDED MAY 20, 1992 AS DOCUMENT NO. 92349794; THENCE NORTHEASTERLY ALONG THE WESTERLY LINE OF SAID LOT 1 IN ARENS CONTROLS, INC. CONSOLIDATION TO THE NORTHWEST CORNER OF SAID LOT 1; THENCE EASTERLY ALONG THE NORTH LINE OF SAID LOT 1 TO A POINT OF CURVE; THENCE SOUTHEASTERLY ALONG SAID CURVE HAVING A RADIUS OF 40.00 FEET, AN ARC LENGTH OF 64.45 FEET TO A POINT OF TANGENCY ON THE EAST LINE OF SAID LOT 1; THENCE SOUTHERLY ALONG SAID EAST LINE TO A CORNER POINT FOR LOT 1 IN SAID BANBURY THIRD CONSOLIDATION; THENCE 452 of 508 KR/jmc S:\EVANSTON\120101\Survey\Plots\2012-02-24\Legal Description-DEMPSTER&DODGE TIF.022012.doc EASTERLY ALONG THE SOUTH LINE OF SAID LOT 1 IN BANBURY THIRD CONSOLIDATION TO A POINT ON THE WEST RIGHT-OF-WAY LINE OF BROWN AVENUE; THENCE NORTHERLY ALONG SAID WEST RIGHT-OF-WAY LINE OF BROWN AVENUE TO A POINT ON THE SOUTH LINE OF SAID LOT 1 IN BANBURY THIRD CONSOLIDATION; THENCE EASTERLY ALONG SAID SOUTH LINE OF LOT 1 AND THE EASTERLY EXTENSION THEREOF TO THE EAST RIGHT-OF-WAY LINE OF DODGE AVENUE; THENCE NORTHERLY ALONG SAID EAST RIGHT-OF-WAY LINE TO THE NORTHWEST CORNER OF LOT 1 IN KEAT’S RESUBDIVISION, BEING A SUBDIVISION IN THE NORTHEAST QUARTER OF SAID SECTION 24, ACCORDING TO THE PLAT THEREOF RECORDED SEPTEMBER 28, 1989 AS DOCUMENT NO. 89458950; THENCE WESTERLY ALONG THE WESTERLY EXTENSION OF THE NORTH LINE OF SAID LOT 1 TO A POINT OF INTERSECTION WITH THE WEST RIGHT-OF-WAY LINE OF SAID DODGE AVENUE; THENCE NORTHERLY ALONG SAID WEST RIGHT-OF-WAY LINE TO A POINT OF INTERSECTION WITH THE SOUTH RIGHT-OF-WAY LINE OF DEMPSTER STREET; THENCE WESTERLY, NORTHERLY AND WESTERLY ALONG SAID SOUTH RIGHT-OF- WAY LINE TO THE POINT OF BEGINNING. 453 of 508 APPENDIX 2 Boundary Map of RPA 454 of 508 455 of 508 APPENDIX 3 Existing Land Use Map of RPA 456 of 508 PROJECT NO.CALC. DRAWING NO. DWN. CHKD. SCALE: DATE: SHEET OF 9575 West Higgins Road (847) 823-0500 Suite 600, Rosemont, Illinois 60018 ENGINEERING, LTD.IN PREPARED FOR 1 1 1"=150’ 120101 CITY OF EVANSTON, ILLINOIS CITY OF EVANSTON 17.9 AC.| SCALE IN FEET 0 150 AJK KJR JRM 02-24-2012 TIF120101B S:\EVANSTON\120101\SURVEY\TIF120101B.SUR QUARTER OF SECTION 24-41-13EAST LINE OF THE NORTHWESTQUARTER OF SECTION 24-41-13WEST LINE OF THE NORTHEASTQUARTER OF SECTION 13-41-13 SOUTH LINE OF THE SOUTHWEST WEST EVANSTONEXSITING TIF #6QUARTER OF SECTION 24-41-13 NORTH LINE OF THE NORTHWEST DEMPSTER / DODGE TIF DEMPSTER / DODGE TIF POINT OF BEGINNING CURRENT LAND USE MAP 457 of 508 APPENDIX 4 Future Land Use Map of RPA 458 of 508 PROJECT NO.CALC. DRAWING NO. DWN. CHKD. SCALE: DATE: SHEET OF 9575 West Higgins Road (847) 823-0500 Suite 600, Rosemont, Illinois 60018 ENGINEERING, LTD.IN PREPARED FOR 1 1 1"=150’ 120101 CITY OF EVANSTON, ILLINOIS CITY OF EVANSTON 17.9 AC.| SCALE IN FEET 0 150 AJK KJR JRM 02-24-2012 TIF120101B S:\EVANSTON\120101\SURVEY\TIF120101B.SUR QUARTER OF SECTION 24-41-13EAST LINE OF THE NORTHWESTQUARTER OF SECTION 24-41-13WEST LINE OF THE NORTHEASTQUARTER OF SECTION 13-41-13 SOUTH LINE OF THE SOUTHWEST WEST EVANSTONEXSITING TIF #6QUARTER OF SECTION 24-41-13 NORTH LINE OF THE NORTHWEST DEMPSTER / DODGE TIF DEMPSTER / DODGE TIF POINT OF BEGINNING FUTURE LAND USE MAP 459 of 508 APPENDIX 5 TIF Qualification Report Prepared by Kane, McKenna and Associates 460 of 508 CITY OF EVANSTON, ILLINOIS PRELIMINARY TIF QUALIFICATION REPORT PROPOSED DEMPSTER/DODGE REDEVELOPMENT PROJECT AREA A preliminary analysis to assess the likelihood that all or a portion of an area located in the City of Evanston would qualify as a blighted-improved area as defined in the Tax Increment Allocation Redevelopment Act, 65 ILCS 5/11-74.4-3, et seq., as amended. Prepared for: City of Evanston, Illinois Prepared Jointly by: Kane, McKenna and Associates, Inc. and The City of Evanston April 2012 DRAFT As of April 10, 2012 461 of 508 PROPOSED DEMPSTER/DODGE REDEVELOPMENT PROJECT AREA TIF QUALIFICATION ASSESSMENT TABLE OF CONTENTS SECTION TITLE PAGE Executive Summary i I. Background 1 II. Qualification Criteria 2 III. Evaluation Methodology 5 IV. Qualification Findings for Proposed RPA 6 V. Summary of Findings; Overall Assessment 10 of Qualification 462 of 508 ______________________________________________________________________________ i EXECUTIVE SUMMARY Kane, McKenna and Associates, Inc. (KMA) has been retained by the City of Evanston, Illinois (the “City”) to conduct an analysis of the potential qualification and designation of certain property located in the City, to be addressed herein as the proposed Redevelopment Project Area (the “RPA” or “TIF District”). The City is pursuing the RPA designation as part of its strategy to promote the revitalization of the property and thereby assist the City in achieving its public policy goal of promoting economic redevelopment. By undertaking the designation, the City will help strengthen the RPA as a significant contributor to the City’s overall economic base. Based upon the preliminary analysis completed to date, KMA has reached the following conclusions regarding the potential qualification of the RPA as a TIF District: 1) The proposed TIF District meets the criteria for a “blighted area” with improvements, as the term is defined under the TIF Act – Overall, the parcels within the proposed TIF District either have declined, or are in danger of declining, toward a blighted condition. This condition prevents, or threatens to prevent, the healthy economic and physical development of properties in a manner that the community deems essential to its overall economic health. 2) Current conditions impede redevelopment – The conditions found within the proposed TIF District present a barrier to the area’s successful redevelopment. Without the use of City planning and economic development resources to mitigate such conditions, potential redevelopment activities are not likely to be economically feasible. 3) Viable redevelopment sites could produce incremental revenue – Within the proposed TIF District, there are parcels which potentially could be redeveloped or rehabilitated and thereby produce incremental property tax revenue or additional sales tax revenue. Such revenue, used in combination with other City resources for redevelopment incentives or public improvements, would likely stimulate private investment and job creation in these sites and ultimately throughout the TIF District. 4) Pursuit of TIF designation is recommended – To mitigate the existing conditions (thereby promoting the improved physical condition of the proposed RPA) and to leverage the City’s investment and redevelopment efforts, KMA recommends that the City pursue the formal TIF designation process for the RPA. Because the City will not pursue the redevelopment of residential parcels that could potentially dislocate 10 or more residential units within the proposed TIF district, the City will not conduct a housing impact study pursuant to the TIF Act. 463 of 508 ______________________________________________________________________________ 1 I. BACKGROUND In the context of planning for the proposed Redevelopment Project Area, the City has initiated a study of the area to determine whether it would potentially qualify as a TIF District. Kane, McKenna and Associates, Inc. agreed to undertake the study of the proposed RPA or TIF District on the City’s behalf. Current Land Use. The proposed RPA is a compact area situated at the southwest corner of Dempster Road and Dodge Avenue. The Dempster/Dodge intersection is a key commercial node in Evanston, and though currently underutilized, it has a number of assets that could be leveraged as part of its future redevelopment. Overall, the area faces a number of redevelopment impediments as described in Section IV of this report. Obsolescence and excessive vacancies are the principal impediments that reduce the competitiveness of the area. General Redevelopment Objectives. The redevelopment of the proposed RPA is consistent with the City’s overarching land use objectives, which are contained in the Comprehensive Plan, zoning ordinance and other land use planning elements. In the Comprehensive Plan adopted in 2000, the City has articulated a number of economic development objectives which would be supported by the City’s adoption of the proposed RPA as a TIF District. For example, a goal is to promote “growth and redevelopment of businesses, commercial, and industrial areas” including the Dempster/Dodge area. It further states that the City of Evanston “has an interest in the success of this important intersection and should support redevelopment plans that will enhance the commercial area.” Given the gap between the City’s goals for the area versus the current conditions described in this report, the City has determined that the redevelopment of the proposed RPA would be highly beneficial to the community. With a redevelopment strategy in place, the economic base of the RPA would be stabilized and increased – thereby benefiting the community as a whole. Without such a redevelopment strategy, the adverse conditions identified in this report would likely worsen. General Scope and Methodology. KMA performed its analysis by conducting a series of meetings and discussions with City staff, starting in September 2011 and continuing periodically up to the date of this report. The purpose of the meetings was to gather data related to the qualification criteria for properties included in the study area. These meetings were complemented by a series of field surveys for the entire area to evaluate the condition of the proposed RPA, on a parcel-by-parcel basis. The field surveys and data collected have been utilized to test the likelihood that the proposed RPA would qualify for TIF designation. The qualification factors discussed in this report would qualify the proposed RPA as a blighted-improved area, as the term is defined pursuant to the TIF Act. For additional information about KMA’s data collection and evaluation methods, refer to Section III of this report. 464 of 508 ______________________________________________________________________________ 2 II. QUALIFICATION CRITERIA With the assistance of City staff, Kane, McKenna and Associates, Inc. assessed the proposed RPA to determine the likelihood that qualifying factors listed in the Act would be present. The relevant provisions of the Act are cited below. The Act sets out specific procedures which must be adhered to in designating a redevelopment project area (RPA). By definition, a “redevelopment project area” is: “An area designated by the municipality, which is not less in the aggregate than 1½ acres and in respect to which the municipality has made a finding that there exist conditions which cause the area to be classified as a blighted area or a Conservation Area, or a combination of both blighted areas and Conservation Areas.” Under the Act, “blighted-improved area” means any improved or vacant area within the boundaries of a redevelopment project area located within the territorial limits of the municipality where certain conditions are met, as identified below. TIF Qualification Factors for a Blighted-Improved Area. In accordance with the TIF Act, KMA performed an assessment to determine if the proposed RPA qualified as a blighted-improved area. The following factors were examined to determine TIF qualification: If a blighted-improved area, industrial, commercial and residential buildings or improvements are detrimental to the public safety, health or welfare because of a combination of five (5) or more of the following factors, each of which is (i) present, with that presence documented to a meaningful extent so that a municipality may reasonably find that the factor is clearly present within the intent of the Act and (ii) reasonably distributed throughout the improved part of the redevelopment project area: (A) Dilapidation. An advanced state of disrepair or neglect of necessary repairs to the primary structural components of building or improvements in such a combination that a documented building condition analysis determines that major repair is required or the defects are so serious and so extensive that the buildings must be removed. (B) Obsolescence. The condition or process of falling into disuse. Structures become ill-suited for the original use. (C) Deterioration. With respect to buildings, defects include but are not limited to, major defects in the secondary building components such as doors, windows, porches, gutters, downspouts, and fascia. With respect to surface improvements, that the condition of roadways, alleys, curbs, gutters, sidewalks, off-street parking and surface storage areas evidence deterioration, including, but 465 of 508 ______________________________________________________________________________ 3 limited to, surface cracking, crumbling, potholes, depressions, loose paving material and weeds protruding through paved surfaces. (D) Presence of Structures Below Minimum Code Standards. All structures that do not meet the standards of zoning, subdivision, building, fire and other governmental codes applicable to property, but not including housing and property maintenance codes. (E) Illegal Use of Individual Structures. The use of structures in violation of applicable federal, State, or local laws, exclusive of those applicable to the presence of structures below minimum code standards. (F) Excessive Vacancies. The presence of buildings that are unoccupied or under-utilized and that represent an adverse influence on the area because of the frequency, extent or duration of the vacancies. (G) Lack of Ventilation, Light, or Sanitary Facilities. The absence of adequate ventilation for light or air circulation in spaces or rooms without windows, or that require the removal of dust, odor, gas, smoke or other noxious airborne materials. Inadequate natural light and ventilation means the absence of skylights or windows for interior spaces or rooms and improper window sizes and amounts by room area to window area ratios. Inadequate sanitary facilities refers to the absence or inadequacy of garbage storage and enclosure, bathroom facilities, hot water and kitchens and structural inadequacies preventing ingress and egress to and from all rooms and units within a building. (H) Inadequate Utilities. Underground and overhead utilities such as storm sewers and storm drainage, sanitary sewers, water lines and gas, telephone and electrical services that are shown to be inadequate. Inadequate utilities are those that are: (i) of insufficient capacity to serve the uses in the redevelopment project area; (ii) deteriorated, antiquated, and obsolete or in disrepair; or (iii) lacking within the redevelopment project area. (I) Excessive Land Coverage and Overcrowding of Structures and Community Facilities. The over-intensive use of property and the crowding of buildings and accessory facilities onto a site. Examples of problem conditions warranting the designation of an area as exhibiting excessive land coverage are: (i) the presence of buildings either improperly situated on parcels or located on parcels of inadequate size and shape in relation to present-day standards of development for health and safety and (ii) the presence of multiple buildings on a single parcel. For there to be a finding of excessive land coverage, these parcels must exhibit one or more of the following conditions: insufficient provision for light and air within or around buildings, increased threat of spread of fire due to the close proximity of buildings, lack of adequate or proper access to a public right-of-way, lack of reasonably required off-street parking or inadequate provision for loading service. 466 of 508 ______________________________________________________________________________ 4 (J) Deleterious Land-Use or Layout. The existence of incompatible land-use relationships, buildings occupied by inappropriate mixed-uses, or uses considered to be noxious, offensive or unsuitable for the surrounding area. (K) Environmental Clean-Up. The proposed redevelopment project area has incurred Illinois Environmental Protection Agency or United States Environmental Protection Agency remediation costs for (or a study conducted by an independent consultant recognized as having expertise in environmental remediation has determined a need for) the clean-up of hazardous waste, hazardous substances or underground storage tanks required by State or federal law. Any such remediation costs would constitute a material impediment to the development or redevelopment of the redevelopment project area. (L) Lack of Community Planning. The proposed redevelopment project area was developed prior to or without the benefit or guidance of a community plan. This means that the development occurred prior to the adoption by the municipality of a comprehensive or other community plan or that the plan was not followed at the time of the area’s development. This factor must be documented by evidence of adverse or incompatible land-use relationships, inadequate street layout, improper subdivision, parcels of inadequate shape and size to meet contemporary development standards or other evidence demonstrating an absence of effective community planning. (M) “Stagnant” EAV. The total equalized assessed value (EAV) of the proposed redevelopment project area has declined for three (3) of the last five (5) calendar years, or is increasing at an annual rate that is less than the balance of the municipality for three (3) of the last five (5) calendar years, or is increasing at an annual rate that is less than the Consumer Price Index for All Urban Consumers published by the United States Department of Labor or successor agency for three (3) of the last five (5) calendar years. The finding is based on the last 5 years for which information is available. 467 of 508 ______________________________________________________________________________ 5 III. EVALUATION METHODOLOGY In evaluating the proposed RPA’s potential qualification as a TIF District, the following methodology was utilized: 1) Site surveys of the RPA were undertaken by representatives from Kane, McKenna and Associates, Inc., supplemented with photographic analysis of the sites. Site surveys were completed for each parcel of land within the proposed RPA. 2) KMA conducted evaluations of exterior structures and associated site improvements, noting such conditions as overcrowding and obsolescence. Additionally, KMA reviewed the following data: 2005-2010 tax information from Cook County, Sidwell parcel tax maps, historical aerial photos, site data, local history (including discussions with City staff), and an evaluation of area-wide factors that have affected the area's development (e.g., obsolescence, deleterious land-use and layout, etc.). 3) Existing structures and site conditions were initially surveyed only in the context of checking, to the best and most reasonable extent available, TIF Act factors applicable to specific structures and site conditions of the parcels. 4) The RPA was examined to assess the applicability of the different factors required for qualification as a TIF district. Examination was made by reviewing the information and determining how each measured when evaluated against the relevant factors. The RPA was evaluated to determine the applicability of the thirteen (13) different factors, as defined under the Act, which would qualify the area as a TIF district. 468 of 508 ______________________________________________________________________________ 6 IV. QUALIFICATION FINDINGS FOR PROPOSED RPA Based upon KMA’s preliminary evaluation of parcels in the proposed RPA and analysis of each of the eligibility factors summarized in Section II, the following factors are presented to support qualification of the proposed RPA as a blighted-improved area under the TIF Act. These factors are summarized in the table below. Exhibit 2 Summary of TIF-Qualifying Factors Maximum Possible Factors per Statute Minimum Factors Needed to Qualify per Statute Qualifying Factors Present in Proposed RPA 13 5 6 Lagging EAV Excessive Vacancies Obsolescence Deleterious Layout Inadequate Utilities Environmental Remediation Findings for RPA. The proposed RPA meets the qualifications for a blighted- improved area under the statutory criteria set forth in the TIF Act. KMA reviewed the criteria needed to qualify the area as a blighted-improved area, determining that 6 factors were likely to be present: 1. Lagging or Declining EAV. The EAV of the TIF District has grown at a rate slower than the City-wide EAV for 4 of the last 5 years (refer to chart below). Additionally, TIF District EAV has lagged the Consumer Price Index for 4 of the past 5 years. Therefore, a finding of lagging EAV is made pursuant to the TIF Act. 469 of 508 ______________________________________________________________________________ 7 Exhibit 3 EAV Trends for Proposed TIF District 2010 2009 2008 2007* 2006 2005 Total EAV for TIF District 10,816,879 10,712,129 14,148,341 13,508,513 13,346,272 13,493,788 EAV Change (%) 1.0% -24.3% 4.7% 1.2% -1.1% City-wide EAV (Excluding TIF) 3,031,067,208 3,295,277,240 2,924,249,551 2,758,831,516 2,232,546,474 2,229,259,234 City EAV Change (%) -8.0% 12.7% 6.0% 23.6% 0.1% CPI 1.6% -0.4% 3.8% 2.8% 3.2% Notes: (1) Figures in bold for those years in which City EAV exceeded growth rate of EAV within proposed TIF District. (2) Reassessment years asterisked. Source: Cook County and U.S. Bureau of Labor Statistics 2. Excessive Vacancies. The TIF Act states that this finding is characterized by the presence of unoccupied or underutilized buildings that represent an adverse influence on the area. The proposed Dempster/Dodge TIF District has numerous vacant or partially vacant structures, including partial vacancies for 3 structures having the following addresses/users: Dempster/Dodge Plaza – Building 1 Former A.J. Wright retailer 1112 Dodge 1118 Dodge 1122 Dodge 1908E Dempster Dempster/Dodge Plaza – Building 2 Former Frank’s Nursery Former Dollar Store 1938 Dempster Former EZ Laundry 1958 Dodge 1960 Dodge Dempster/Dodge Plaza – Building 3 (Outlot) 1152 Dodge 1168 Dodge 1900A Dempster According to the current property owner, only 52% of the plaza is leased as of January 2012. Moreover, the remaining unused space is not caused by transitional vacancies or turnover, but instead are relatively long-term vacancies of approximately one year or 470 of 508 ______________________________________________________________________________ 8 longer. Because of (a) the reduced economic activity associated with vacancies, (b) the size of the facility (over 200,000 square feet of built space), and (c) the prominent location along two major local roads, the vacant structures represent an adverse influence on the overall TIF District. 3. Obsolescence. The Act states that obsolescence is the condition or process of falling into disuse or structures that have become ill-suited for their original use. Overall, the RPA exhibits both functional and economic obsolescence. Economic obsolescence is manifested by the lagging EAV first and foremost. As mentioned, the EAV has lagged the City EAV growth rate for 4 of the past 5 years. Moreover, the most current EAV figures (tax year 2010) are still below the 2005 levels and have not rebounded. The numerous store vacancies observed among the 3 Dempster/Dodge Plaza buildings reflect both economic obsolescence and (in functional terms) a literal “disuse” of structures. Additionally, the larger vacant spaces are obsolete and would need to be adapted for smaller end users (requiring the space to be reconfigured for a smaller layout, changed loading bays, etc.). 4. Deleterious Layout. As noted in Section II, a municipality can make a finding of deleterious layout or land use when there exists either (a) incompatible land-use relationships, (b) buildings occupied by inappropriate mixed-uses or uses considered to be noxious, or (c) uses offensive or unsuitable for the surrounding area. Most of the problems in the area reflect incompatible land use relationships. The area reflects piece-meal, uncoordinated development, in which competing land uses abut each other -- e.g., commercial uses are situated next to residential uses within the TIF District, and residential uses outside the TIF District abut commercial uses within the TIF District. KMA observed the following indicators of deleterious land-use/layout: Minimal buffering between a residential and non-residential uses - In particular, the commercial structures along Dodge Avenue are situated directly against residences, with minimal or no buffering. Ingress and egress are problematic – It is difficult for cars to exit leaving the Dodge Avenue structures and then turning south (into traffic). The ingress/egress problems are exacerbated by the fact that the traffic volume is heavy along Dodge Avenue, in comparison to other north/south streets in the neighborhood. Loading and unloading – The southern side of the Dempster/Dodge Plaza facility has a narrow approach for the larger trucks serving the Dominick’s food store. 5. Inadequate Utilities. The Act states that overhead or underground utilities that are deteriorated, antiquated, obsolete or in disrepair are considered inadequate. Also, those utilities that lack the capacity to meet future development demands are considered inadequate. Utilities would include: storm sewers, storm drainage, sanitary sewers, water lines and gas, telephone and electrical services. 471 of 508 ______________________________________________________________________________ 9 Based on the City’s Director of Utilities analysis from December 2011, the existing public utilities in the area are antiquated and obsolete, and certain components reflect deterioration/disrepair. In particular, aged water mains and combined sewers demonstrate obsolescence and require repair. The City Engineer’s analysis demonstrates the following conditions: - The combined sewer system is generally inadequate, due to age (over 100 years old) and use of obsolete materials; - Materials such as brick, cast iron, and clay tile are obsolete, because modern materials such as PVC pipe, ductile iron and reinforced concrete are now the industry standard; and - Water and sanitary sewer for certain components need replacement, including sewer along Dodge Avenue extending from Dempster to Crain. According the Director of Utilities, the modern materials are more durable and would be less likely to fail. 6. Environmental Remediation. As indicated in Section III, a qualifying factor under the TIF Act relates to environmental remediation if the area has (a) incurred Illinois/U.S. Environmental Protection Agency remediation costs, or (b) a study has determined a need for environmental clean-up. The area has previously incurred said costs, with a “No Further Remediation” letter indicating the absorption of said costs. Moreover, the efforts to address the environmental problems have resulted in an “engineered barrier” to prevent the migration of contaminants. While necessary to protect the environment and complete the clean-up project, the need to leave the engineered barrier in place has limited the marketability of the parcels within the proposed TIF District and reduced the re-use potential of the site – thereby creating an impediment to the redevelopment of the project area. 472 of 508 ______________________________________________________________________________ 10 V. SUMMARY OF FINDINGS; GENERAL ASSESSMENT OF QUALIFICATION The following is a summary of relevant qualification findings as it relates to the City potentially designating the proposed RPA as a TIF District. The area is contiguous and is greater than 1½ acres in size; The proposed RPA meets the criteria for a blighted-improved area TIF District, if the City pursues this course of action. The qualifying factors found in the proposed RPA are present to a meaningful extent and are evenly distributed throughout the proposed RPA. A more detailed analysis of the qualification findings is outlined in Section IV of this report; All property in the area would substantially benefit by the proposed redevelopment project improvements; The sound growth of taxing districts applicable to the area, including the City, has been impaired by the factors found present in the area; and The area would not be subject to redevelopment without the investment of public funds, including property tax increments. In the judgment of KMA, these preliminary findings support the case for the City to initiate a formal process to consider the proposed RPA as a TIF District. 473 of 508 55-O-12 Alderman ______________ moved and Alderman ________________ seconded the motion that said ordinance as presented and read by the City Clerk be adopted. After a full discussion thereof including a public recital of the nature of the matter being considered and such other information as would inform the public of the nature of the business being conducted, the Mayor directed that the roll be called for a vote upon the motion to adopt said ordinance as read. Upon the roll being called, the following Aldermen voted AYE: ______________ ______________________________________________________________________ ______________________________________________________________________ The following Aldermen voted NAY: ___________________________________ ______________________________________________________________________ Whereupon the Mayor declared the motion carried and said ordinance adopted, approved and signed the same in open meeting and directed the City Clerk to record the same in full in the records of the Mayor and City Council of the City of Evanston, Cook County, Illinois, which was done. Other business not pertinent to the adoption of said ordinance was duly transacted at the meeting. Upon motion duly made, seconded and carried, the meeting was adjourned. City Clerk 474 of 508 55-O-12 STATE OF ILLINOIS ) ) SS COUNTY OF COOK ) CERTIFICATION OF ORDINANCE AND MINUTES I, the undersigned, do hereby certify that I am the duly qualified and acting City Clerk of the City of Evanston, Cook County, Illinois (the “City”), and that as such official I am the keeper of the records and files of the Mayor and City Council of the City (the “Corporate Authorities”). I do further certify that the foregoing is a full, true and complete transcript of that portion of the minutes of the meeting of the Corporate Authorities held on the ___ day of _______, 2012, insofar as same relates to the adoption of an ordinance entitled: Approving a Tax Increment Redevelopment Plan and Redevelopment Project for the Dempster/Dodge Redevelopment Project Area. a true, correct and complete copy of which said ordinance as adopted at said meeting appears in the foregoing transcript of the minutes of said meeting. I do further certify that the deliberations of the Corporate Authorities on the adoption of said ordinance were conducted openly, that the vote on the adoption of said ordinance was taken openly, that said meeting was held at a specified time and place convenient to the public, that notice of said meeting was duly given to all of the news media requesting such notice; that an agenda for said meeting was posted at the location where said meeting was held and at the principal office of the Corporate Authorities at least 48 hours in advance of the holding of said meeting; that said agenda described or made specific reference to said ordinance; that said meeting was called and held in strict compliance with the provisions of the Open Meetings Act of the State of Illinois, as amended, and the Illinois Municipal Code, as amended, and that the Corporate Authorities have complied with all of the provisions of said Act and said Code and with all of the procedural rules of the Corporate Authorities. IN WITNESS WHEREOF, I hereunto affix my official signature and the seal of the City, this ___day of ______, 2012. ________________________________ City Clerk (Seal) 475 of 508 To: Honorable Mayor and Members of the City Council Administration and Public Works Committee From: Steve Griffin, Director Community and Economic Development Nancy Radzevich, Economic Development Division Manager Paul Zalmezak, Economic Development Coordinator Subject: Ordinance 56-O-12 Dempster/Dodge TIF District Designation Date: June 20, 2012 Recommended Action: Staff recommends City Council adoption of the following ordinance to designate the proposed Dempster/Dodge TIF District as outlined in the state statute 65 ILCS 5/11- 74.4 – Tax Increment Allocation Redevelopment Act. This ordinance was introduced at the May 29, 2012 City Council meeting, and tabled at the June 11, 2012 City Council meeting. (A16) Ordinance 56-O-12 Designating the Dempster/Dodge Redevelopment Project Area of the City of Evanston a Redevelopment Project Area Pursuant to the Tax Increment Allocation Redevelopment Act (“TIF District”) Memorandum For City Council meeting of June 25, 2012 Item A16 Ordinance 56-O-12 Designating the Proposed Dempster/Dodge TIF District For Action 476 of 508 5/16/2012 56-O-12 AN ORDINANCE Designating the Dempster/Dodge Redevelopment Project Area of the City of Evanston a Redevelopment Project Area Pursuant to the Tax Increment Allocation Redevelopment Act WHEREAS, it is desirable and in the best interest of the citizens of the City of Evanston, Cook County, Illinois (the “City”), for the City to implement tax increment allocation financing pursuant to the Tax Increment Allocation Redevelopment Act, Division 74.4 of Article 11 of the Illinois Municipal Code, as amended (the “Act”), for a proposed redevelopment plan and redevelopment project (the “Plan and Project”) within the municipal boundaries of the City and within a proposed redevelopment project area (the “Area”) described in Section 1 of this Ordinance; and WHEREAS, the Corporate Authorities have heretofore by ordinance approved the Plan and Project, which Plan and Project were identified in such ordinance and were the subject, along with the Area designation hereinafter made, of a public hearing held on May 14, 2012, and it is now necessary and desirable to designate the Area as a redevelopment project area pursuant to the Act, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS, THAT: SECTION 1: The Area, as legally described in Exhibit A attached hereto and incorporated herein as if set out in full by this reference, is hereby designated as a redevelopment project area pursuant to Section 11-74.4-4 of the Act. The general street location for the Area is described in Exhibit B attached hereto and incorporated 477 of 508 56-O-12 -2- herein as if set out in full by this reference. The map of the Area is depicted on Exhibit C attached hereto and incorporated herein as if set out in full by this reference. SECTION 2: If any section, paragraph, or provision of this Ordinance shall be held to be invalid or unenforceable for any reason, the invalidity or unenforceability of such section, paragraph, or provision shall not affect any of the remaining provisions of this Ordinance. SECTION 3: All ordinances, resolutions, motions, or orders in conflict herewith shall be, and the same hereby are, repealed to the extent of such conflict, and this Ordinance shall be in full force and effect immediately upon its passage by the Corporate Authorities and approval as provided by law. 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. Ayes: ______________ Nays: ______________ Introduced:_________________, 2012 Adopted:___________________, 2012 Approved: __________________________, 2012 _______________________________ Elizabeth B. Tisdahl, Mayor Attest: _______________________________ Rodney Greene, City Clerk Approved as to form: _______________________________ W. Grant Farrar, Corporation Counsel 478 of 508 A-1 EXHIBIT A Legal Description of Redevelopment Project Area THAT PART OF THE NORTH HALF OF SECTION 24, TOWNSHIP 41 NORTH, RANGE 13 EAST OF THE THIRD PRINCIPAL MERIDIAN IN COOK COUNTY, ILLINOIS, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF LOT 1 IN BANBURY THIRD CONSOLIDATION, BEING A PLAT IN THAT PART OF THE NORTHWEST QUARTER OF SAID SECTION 24, ACCORDING TO THE PLAT THEREOF RECORDED MARCH 27, 1987 AS DOCUMENT NO. 87162463; THENCE SOUTHWESTERLY, WESTERLY, SOUTHWESTERLY, SOUTHEASTERLY AND SOUTHWESTERLY ALONG THE NORTHWESTERLY LINE OF SAID LOT 1 TO A POINT THAT IS 241.64 FEET NORTHWESTERLY OF THE MOST SOUTHWESTERLY CORNER OF SAID LOT 1 AS MEASURED ALONG SAID NORTHWESTERLY LINE; THENCE SOUTHEASTERLY AT A RIGHT ANGLE TO SAID NORTHWESTERLY LINE 5.00 FEET; THENCE SOUTHWESTERLY ALONG A LINE 5.00 FEET SOUTHEASTERLY OF AND PARALLEL TO SAID NORTHWESTERLY LINE TO A POINT ON THE NORTH RIGHT-OF-WAY LINE OF GREENLEAF STREET; THENCE EASTERLY ALONG SAID NORTH RIGHT-OF-WAY LINE OF GREENLEAF STREET TO THE SOUTHWEST CORNER OF LOT 1 IN ARENS CONTROLS, INC. CONSOLIDATION, BEING A PART OF THE NORTHWEST QUARTER OF SAID SECTION 24, ACCORDING TO THE PLAT THEREOF RECORDED MAY 20, 1992 AS DOCUMENT NO. 92349794; THENCE NORTHEASTERLY ALONG THE WESTERLY LINE OF SAID LOT 1 IN ARENS CONTROLS, INC. CONSOLIDATION TO THE NORTHWEST CORNER OF SAID LOT 1; THENCE EASTERLY ALONG THE NORTH LINE OF SAID LOT 1 TO A POINT OF CURVE; THENCE SOUTHEASTERLY ALONG SAID CURVE HAVING A RADIUS OF 40.00 FEET, AN ARC LENGTH OF 64.45 FEET TO A POINT OF TANGENCY ON THE EAST LINE OF SAID LOT 1; THENCE SOUTHERLY ALONG SAID EAST LINE TO A CORNER POINT FOR LOT 1 IN SAID BANBURY THIRD CONSOLIDATION; THENCE EASTERLY ALONG THE SOUTH LINE OF SAID LOT 1 IN BANBURY THIRD CONSOLIDATION TO A POINT ON THE WEST RIGHT-OF-WAY LINE OF BROWN AVENUE; THENCE NORTHERLY ALONG SAID WEST RIGHT-OF-WAY LINE OF BROWN AVENUE TO A POINT ON THE SOUTH LINE OF SAID LOT 1 IN BANBURY THIRD CONSOLIDATION; THENCE EASTERLY ALONG SAID SOUTH LINE OF LOT 1 AND THE EASTERLY EXTENSION THEREOF TO THE EAST RIGHT-OF-WAY LINE OF DODGE AVENUE; THENCE NORTHERLY ALONG SAID EAST RIGHT-OF-WAY LINE TO THE NORTHWEST CORNER OF LOT 1 IN KEAT’S RESUBDIVISION, BEING A SUBDIVISION IN THE NORTHEAST QUARTER OF SAID SECTION 24, ACCORDING TO THE PLAT THEREOF RECORDED SEPTEMBER 28, 1989 AS DOCUMENT NO. 89458950; THENCE WESTERLY ALONG THE WESTERLY EXTENSION OF THE NORTH LINE OF SAID LOT 1 TO A POINT OF INTERSECTION WITH THE WEST RIGHT-OF-WAY LINE OF SAID DODGE AVENUE; THENCE NORTHERLY ALONG SAID WEST RIGHT-OF-WAY LINE TO A POINT OF INTERSECTION WITH THE SOUTH RIGHT-OF-WAY LINE OF DEMPSTER STREET; THENCE WESTERLY, NORTHERLY AND WESTERLY ALONG SAID SOUTH RIGHT-OFWAY LINE TO THE POINT OF BEGINNING. 479 of 508 B-1 EXHIBIT B GENERAL STREET LOCATION The proposed Redevelopment Project Area consists primarily of retail/commercial parcels southwest of the intersection of Dempster Street and Dodge Avenue. 480 of 508 C-1 EXHIBIT C MAP OF REDEVELOPMENT PROJECT AREA 481 of 508 PROJECT NO.CALC. DRAWING NO. DWN. CHKD. SCALE: DATE: SHEET OF 9575 West Higgins Road (847) 823-0500 Suite 600, Rosemont, Illinois 60018 ENGINEERING, LTD.IN PREPARED FOR 1 1 1"=150’ 120101 CITY OF EVANSTON, ILLINOIS CITY OF EVANSTON 17.9 AC.| SCALE IN FEET 0 150 AJK KJR JRM 02-24-2012 TIF120101B S:\EVANSTON\120101\SURVEY\TIF120101B.SUR QUARTER OF SECTION 24-41-13EAST LINE OF THE NORTHWESTQUARTER OF SECTION 24-41-13WEST LINE OF THE NORTHEASTQUARTER OF SECTION 13-41-13 SOUTH LINE OF THE SOUTHWEST WEST EVANSTONEXSITING TIF #6QUARTER OF SECTION 24-41-13 NORTH LINE OF THE NORTHWEST DEMPSTER / DODGE TIF DEMPSTER / DODGE TIF POINT OF BEGINNING 482 of 508 56-O-12 Alderman ______________ moved and Alderman ________________ seconded the motion that said ordinance as presented and read by the City Clerk be adopted. After a full discussion thereof including a public recital of the nature of the matter being considered and such other information as would inform the public of the nature of the business being conducted, the Mayor directed that the roll be called for a vote upon the motion to adopt said ordinance as read. Upon the roll being called, the following Aldermen voted AYE: ______________ ______________________________________________________________________ ______________________________________________________________________ The following Aldermen voted NAY: ___________________________________ ______________________________________________________________________ Whereupon the Mayor declared the motion carried and said ordinance adopted, approved and signed the same in open meeting and directed the City Clerk to record the same in full in the records of the Mayor and City Council of the City of Evanston, Cook County, Illinois, which was done. Other business not pertinent to the adoption of said ordinance was duly transacted at the meeting. Upon motion duly made, seconded and carried, the meeting was adjourned. City Clerk 483 of 508 56-O-12 STATE OF ILLINOIS ) ) SS COUNTY OF COOK ) CERTIFICATION OF ORDINANCE AND MINUTES I, the undersigned, do hereby certify that I am the duly qualified and acting City Clerk of the City of Evanston, Cook County, Illinois (the “City”), and that as such official I am the keeper of the records and files of the Mayor and City Council of the City (the “Corporate Authorities”). I do further certify that the foregoing is a full, true and complete transcript of that portion of the minutes of the meeting of the Corporate Authorities held on the ___ day of _______, 2012, insofar as same relates to the adoption of an ordinance entitled: Designating the Dempster/Dodge Redevelopment Project Area of the City of Evanston a Redevelopment Project Area Pursuant to the Tax Increment Allocation Redevelopment Act. a true, correct and complete copy of which said ordinance as adopted at said meeting appears in the foregoing transcript of the minutes of said meeting. I do further certify that the deliberations of the Corporate Authorities on the adoption of said ordinance were conducted openly, that the vote on the adoption of said ordinance was taken openly, that said meeting was held at a specified time and place convenient to the public, that notice of said meeting was duly given to all of the news media requesting such notice; that an agenda for said meeting was posted at the location where said meeting was held and at the principal office of the Corporate Authorities at least 48 hours in advance of the holding of said meeting; that said agenda described or made specific reference to said ordinance; that said meeting was called and held in strict compliance with the provisions of the Open Meetings Act of the State of Illinois, as amended, and the Illinois Municipal Code, as amended, and that the Corporate Authorities have complied with all of the provisions of said Act and said Code and with all of the procedural rules of the Corporate Authorities. IN WITNESS WHEREOF, I hereunto affix my official signature and the seal of the City, this ___day of ______, 2012. ________________________________ City Clerk (Seal) 484 of 508 To: Honorable Mayor and Members of the City Council Administration and Public Works Committee From: Steve Griffin, Director Community and Economic Development Nancy Radzevich, Economic Development Division Manager Paul Zalmezak, Economic Development Coordinator Subject: Ordinance 57-O-12 Adopting Tax Increment Financing for Dempster/Dodge TIF District Date: June 20, 2012 Recommended Action: Staff recommends City Council adoption of the following ordinance to designate the proposed Dempster/Dodge TIF District as outlined in the state statute 65 ILCS 5/11- 74.4 – Tax Increment Allocation Redevelopment Act. This ordinance was introduced at the May 29, 2012 City Council meeting, and tabled at the June 11, 2012 City Council meeting. (A17) Ordinance 57-O-12 Adopting Tax Increment Allocation Financing for the Dempster/Dodge Redevelopment Project Area Memorandum For City Council meeting of June 25, 2012 Item A17 Ordinance 57-O-12 Adopting Tax Increment Financing for Dempster/Dodge TIF Project For Action 485 of 508 5/16/2012 57-O-12 AN ORDINANCE Adopting Tax Increment Financing for the Dempster/Dodge Redevelopment Project Area WHEREAS, it is desirable and in the best interest of the citizens of the City of Evanston, Cook County, Illinois (the "City"), for the City to implement tax increment allocation financing pursuant to the Tax Increment Allocation Redevelopment Act, Division 74.4 of Article 11 of the Illinois Municipal Code, as amended (the "Act"); and WHEREAS, the City has heretofore approved a redevelopment plan and project (the "Plan and Project") as required by the Act by passage of an ordinance and has heretofore designated a redevelopment project area (the "Area") as required by the Act by the passage of an ordinance and has otherwise complied with all other conditions precedent required by the Act, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS, THAT: SECTION 1: Tax increment allocation financing is hereby adopted to pay redevelopment project costs as defined in the Act and as set forth in the Plan and Project within the Area as legally described in Exhibit A attached hereto and incorporated herein as if set out in full by this reference. The general street location for the Area is described in Exhibit B attached hereto and incorporated herein as if set out in full by this reference. The map of the Area is depicted in Exhibit C attached hereto and incorporated herein as if set out in full by this reference. 486 of 508 57-O-12 -2- SECTION 2: Pursuant to the Act, the ad valorem taxes, if any, arising from the levies upon taxable real property in the Area by taxing districts and tax rates determined in the manner provided in Section 11-74.4-9(c) of the Act each year after the effective date of this Ordinance until the Project costs and obligations issued in respect thereto have been paid shall be divided as follows: a. That portion of taxes levied upon each taxable lot, block, tract, or parcel of real property that is attributable to the lower of the current equalized assessed value or the initial equalized assessed value of each such taxable lot, block, tract, or parcel of real property in the Area shall be allocated to and when collected shall be paid by the county collector to the respective affected taxing districts in the manner required by law in the absence of the adoption of tax increment allocation financing. b. That portion, if any, of such taxes that is attributable to the increase in the current equalized assessed valuation of each lot, block, tract, or parcel of real property in the Area shall be allocated to and when collected shall be paid to the municipal treasurer, who shall deposit said taxes into a special fund, hereby created, and designated the "Dempster/Dodge Redevelopment Project Area Special Tax Allocation Fund" of the City and such taxes shall be used for the purpose of paying Project costs and obligations incurred in the payment thereof. SECTION 3: If any section, paragraph, or provision of this Ordinance shall be held to be invalid or unenforceable for any reason, the invalidity or unenforceability of such section, paragraph, or provision shall not affect any of the remaining provisions of this Ordinance. 487 of 508 57-O-12 -3- SECTION 4: All ordinances, resolutions, motions, or orders in conflict herewith shall be, and the same hereby are, repealed to the extent of such conflict, and this Ordinance shall be in full force and effect immediately upon its passage by the Corporate Authorities and approval as provided by law. SECTION 5: The findings and recitals contained herein are declared to be prima facie evidence of the law of the City and shall be received in evidence as provided by the Illinois Compiled Statutes and the courts of the State of Illinois. Ayes: ______________ Nays: ______________ Introduced:_________________, 2012 Adopted:___________________, 2012 Approved: __________________________, 2012 _______________________________ Elizabeth B. Tisdahl, Mayor Attest: _______________________________ Rodney Greene, City Clerk Approved as to form: _______________________________ W. Grant Farrar, Corporation Counsel 488 of 508 A-1 EXHIBIT A Legal Description of Redevelopment Project Area THAT PART OF THE NORTH HALF OF SECTION 24, TOWNSHIP 41 NORTH, RANGE 13 EAST OF THE THIRD PRINCIPAL MERIDIAN IN COOK COUNTY, ILLINOIS, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF LOT 1 IN BANBURY THIRD CONSOLIDATION, BEING A PLAT IN THAT PART OF THE NORTHWEST QUARTER OF SAID SECTION 24, ACCORDING TO THE PLAT THEREOF RECORDED MARCH 27, 1987 AS DOCUMENT NO. 87162463; THENCE SOUTHWESTERLY, WESTERLY, SOUTHWESTERLY, SOUTHEASTERLY AND SOUTHWESTERLY ALONG THE NORTHWESTERLY LINE OF SAID LOT 1 TO A POINT THAT IS 241.64 FEET NORTHWESTERLY OF THE MOST SOUTHWESTERLY CORNER OF SAID LOT 1 AS MEASURED ALONG SAID NORTHWESTERLY LINE; THENCE SOUTHEASTERLY AT A RIGHT ANGLE TO SAID NORTHWESTERLY LINE 5.00 FEET; THENCE SOUTHWESTERLY ALONG A LINE 5.00 FEET SOUTHEASTERLY OF AND PARALLEL TO SAID NORTHWESTERLY LINE TO A POINT ON THE NORTH RIGHT-OF-WAY LINE OF GREENLEAF STREET; THENCE EASTERLY ALONG SAID NORTH RIGHT-OF-WAY LINE OF GREENLEAF STREET TO THE SOUTHWEST CORNER OF LOT 1 IN ARENS CONTROLS, INC. CONSOLIDATION, BEING A PART OF THE NORTHWEST QUARTER OF SAID SECTION 24, ACCORDING TO THE PLAT THEREOF RECORDED MAY 20, 1992 AS DOCUMENT NO. 92349794; THENCE NORTHEASTERLY ALONG THE WESTERLY LINE OF SAID LOT 1 IN ARENS CONTROLS, INC. CONSOLIDATION TO THE NORTHWEST CORNER OF SAID LOT 1; THENCE EASTERLY ALONG THE NORTH LINE OF SAID LOT 1 TO A POINT OF CURVE; THENCE SOUTHEASTERLY ALONG SAID CURVE HAVING A RADIUS OF 40.00 FEET, AN ARC LENGTH OF 64.45 FEET TO A POINT OF TANGENCY ON THE EAST LINE OF SAID LOT 1; THENCE SOUTHERLY ALONG SAID EAST LINE TO A CORNER POINT FOR LOT 1 IN SAID BANBURY THIRD CONSOLIDATION; THENCE EASTERLY ALONG THE SOUTH LINE OF SAID LOT 1 IN BANBURY THIRD CONSOLIDATION TO A POINT ON THE WEST RIGHT-OF-WAY LINE OF BROWN AVENUE; THENCE NORTHERLY ALONG SAID WEST RIGHT-OF-WAY LINE OF BROWN AVENUE TO A POINT ON THE SOUTH LINE OF SAID LOT 1 IN BANBURY THIRD CONSOLIDATION; THENCE EASTERLY ALONG SAID SOUTH LINE OF LOT 1 AND THE EASTERLY EXTENSION THEREOF TO THE EAST RIGHT-OF-WAY LINE OF DODGE AVENUE; THENCE NORTHERLY ALONG SAID EAST RIGHT-OF-WAY LINE TO THE NORTHWEST CORNER OF LOT 1 IN KEAT’S RESUBDIVISION, BEING A SUBDIVISION IN THE NORTHEAST QUARTER OF SAID SECTION 24, ACCORDING TO THE PLAT THEREOF RECORDED SEPTEMBER 28, 1989 AS DOCUMENT NO. 89458950; THENCE WESTERLY ALONG THE WESTERLY EXTENSION OF THE NORTH LINE OF SAID LOT 1 TO A POINT OF INTERSECTION WITH THE WEST RIGHT-OF-WAY LINE OF SAID DODGE AVENUE; THENCE NORTHERLY ALONG SAID WEST RIGHT-OF-WAY LINE TO A POINT OF INTERSECTION WITH THE SOUTH RIGHT-OF-WAY LINE OF DEMPSTER STREET; THENCE WESTERLY, NORTHERLY AND WESTERLY ALONG SAID SOUTH RIGHT-OFWAY LINE TO THE POINT OF BEGINNING. 489 of 508 B-1 EXHIBIT B GENERAL STREET LOCATION The proposed Redevelopment Project Area consists primarily of retail/commercial parcels southwest of the intersection of Dempster Street and Dodge Avenue. 490 of 508 C-1 EXHIBIT C MAP OF REDEVELOPMENT PROJECT AREA 491 of 508 PROJECT NO.CALC. DRAWING NO. DWN. CHKD. SCALE: DATE: SHEET OF 9575 West Higgins Road (847) 823-0500 Suite 600, Rosemont, Illinois 60018 ENGINEERING, LTD.IN PREPARED FOR 1 1 1"=150’ 120101 CITY OF EVANSTON, ILLINOIS CITY OF EVANSTON 17.9 AC.| SCALE IN FEET 0 150 AJK KJR JRM 02-24-2012 TIF120101B S:\EVANSTON\120101\SURVEY\TIF120101B.SUR QUARTER OF SECTION 24-41-13EAST LINE OF THE NORTHWESTQUARTER OF SECTION 24-41-13WEST LINE OF THE NORTHEASTQUARTER OF SECTION 13-41-13 SOUTH LINE OF THE SOUTHWEST WEST EVANSTONEXSITING TIF #6QUARTER OF SECTION 24-41-13 NORTH LINE OF THE NORTHWEST DEMPSTER / DODGE TIF DEMPSTER / DODGE TIF POINT OF BEGINNING 492 of 508 57-O-12 Alderman ______________ moved and Alderman ________________ seconded the motion that said ordinance as presented and read by the City Clerk be adopted. After a full discussion thereof including a public recital of the nature of the matter being considered and such other information as would inform the public of the nature of the business being conducted, the Mayor directed that the roll be called for a vote upon the motion to adopt said ordinance as read. Upon the roll being called, the following Aldermen voted AYE: ______________ ______________________________________________________________________ ______________________________________________________________________ The following Aldermen voted NAY: ___________________________________ ______________________________________________________________________ Whereupon the Mayor declared the motion carried and said ordinance adopted, approved and signed the same in open meeting and directed the City Clerk to record the same in full in the records of the Mayor and City Council of the City of Evanston, Cook County, Illinois, which was done. Other business not pertinent to the adoption of said ordinance was duly transacted at the meeting. Upon motion duly made, seconded and carried, the meeting was adjourned. City Clerk 493 of 508 57-O-12 STATE OF ILLINOIS ) ) SS COUNTY OF COOK ) CERTIFICATION OF ORDINANCE AND MINUTES I, the undersigned, do hereby certify that I am the duly qualified and acting City Clerk of the City of Evanston, Cook County, Illinois (the “City”), and that as such official I am the keeper of the records and files of the Mayor and City Council of the City (the “Corporate Authorities”). I do further certify that the foregoing is a full, true and complete transcript of that portion of the minutes of the meeting of the Corporate Authorities held on the ___ day of _______, 2012, insofar as same relates to the adoption of an ordinance entitled: Adopting Tax Increment Allocation Financing for the Dempster/Dodge Redevelopment Project Area. a true, correct and complete copy of which said ordinance as adopted at said meeting appears in the foregoing transcript of the minutes of said meeting. I do further certify that the deliberations of the Corporate Authorities on the adoption of said ordinance were conducted openly, that the vote on the adoption of said ordinance was taken openly, that said meeting was held at a specified time and place convenient to the public, that notice of said meeting was duly given to all of the news media requesting such notice; that an agenda for said meeting was posted at the location where said meeting was held and at the principal office of the Corporate Authorities at least 48 hours in advance of the holding of said meeting; that said agenda described or made specific reference to said ordinance; that said meeting was called and held in strict compliance with the provisions of the Open Meetings Act of the State of Illinois, as amended, and the Illinois Municipal Code, as amended, and that the Corporate Authorities have complied with all of the provisions of said Act and said Code and with all of the procedural rules of the Corporate Authorities. IN WITNESS WHEREOF, I hereunto affix my official signature and the seal of the City, this ___day of ______, 2012. ________________________________ City Clerk (Seal) 494 of 508 To: Honorable Mayor and Members of the City Council From: Steve Griffin, Director Community and Economic Development Nancy Radzevich, Economic Development Division Manager Paul Zalmezak, Economic Development Coordinator Subject: Approval of Resolution 54-R-12 authorizing City Manager to negotiate a TIF redevelopment agreement with Bonnie Management for an amount not to exceed $2 million for TIF eligible expenses at the Evanston Plaza Shopping Center. Date: June 20, 2012 Recommended Action: Staff recommends the approval of Resolution 54-R-12 authorizing the City Manager to negotiate a TIF redevelopment agreement with Bonnie Management for an amount not to exceed $2 million for TIF eligible expenses for the real property located at 1900 Dempster at the Evanston Plaza Shopping Center. Funding Source Funds would be appropriated from the Dempster Dodge TIF district with subsequent City Council action after adoption of the resolutions 55-0-12, 56-0-12 and 57-0-12 designating the Dempster Dodge TIF District. Summary The City Council on June 11, 2012 voted to table the designation of the TIF district until staff contacted Dominick’s, the anchor tenant, to determine the details of the restrictions in the lease. The City Council also expressed concern that the Dempster Dodge Redevelopment Plan (required by the Statute) lacked the detailed vision the City is accustomed to. This memo addresses these two key concerns. Dominick’s Staff was referred by Dominick’s President Brian Baer’s office to the Safeway corporate offices to address the questions the City Council had about the lease restrictions. The corporate office assigned to Illinois is based in Calgary, Alberta, Canada. In a phone conversation with staff on June 19th, the Vice President of Real Estate agreed to contact the Mayor to discuss lease issues. We will report on this progress at your June 25th meeting. Memorandum For City Council meeting of June 25, 2012 Item A18 Resolution 54-R-12: Regarding TIF Agreement for Evanston Plaza Shopping Center For Action 495 of 508 In the conversation with Safeway, staff was able to verify that Dominick’s has the ability to approve or deny uses that either impact the number of parking spaces and/or sell products that are competitive with their store. This includes other food uses and coffee shops/cafes as Dominick’s has a café in this location. Uses that require significant parking, such as fitness centers, would not be approved. Assessments and Timing of the Designation Staff has confirmed with the Cook County Tax Extension office that the Tax Year 2010 final equalized assessed value will be certified no later than June 27th. City Council approval of the ordinances designating the TIF district on June 25th would allow the TIF to be designated at the lower 2010 EAV level instead of the 2011 EAV level, which is increasing because the court ordered receiver, during the recent foreclosure, did not pursue a tax appeal. According to the Evanston Township Deputy Assessor, only the owner of the property in that tax year can appeal the assessment, and the timeframe to do so has already passed. Designation of the TIF on June 25, 2012, will allow the Dempster Dodge TIF district base value to be $10.8 million. Based on the reported timing of the final certification, if the designation were to occur at a later City Council meeting, the TIF district would be established at the 2011 EAV base value of $14.5 million. The attached Dempster Dodge TIF projections tables summarize the impact of delaying the designation. The cumulative increment accrued if designated at 2010 EAV is $23.7 million. If designated at 2011 EAV, the cumulative increment is projected to be $18.5 million – a projected loss of $5.2 million over the 23 year life of the TIF district. Redevelopment Agreement / Plan As has been presented to the City Council, staff originated the idea of a TIF district for the shopping center as a tool to both attract quality tenants to the shopping center and perhaps enhance the physical appearance, and address public infrastructure needs in the short term. In the longer term, as TIF increment accrues, staff believes TIF could be used as a tool to leverage redevelopment of the property, if the opportunity were to arise. At staff’s request, Bonnie Management has reported a preliminary list of their immediate needs (items 1 and 2 in the table below). Furthermore, the residents living in the immediate area surrounding Evanston Plaza have been active in recent months and have worked with a team from Leadership Evanston on a plan reflecting their desires for the shopping center. In response, with the City Council approval of this resolution, staff is proposing authorization to negotiate an agreement to invest an amount not to exceed $2 million in TIF for the following short term redevelopment needs: Evanston Plaza Preliminary “Immediate Needs” Description Total 1. Tenant Improvements/Allowances and Landlord Work (Demising Walls, Utility upgrades, Tenant build out) $1.8 million 2. Canopy Repair $55,000 3. Misc. Site Work and Landscaping $145,000 Total $2 million 496 of 508 Staff would return to City Council at a future date to seek authorization for a redevelopment agreement with Bonnie Management and provide an opportunity for the City Council to review and approve the agreement. In the meantime, Bonnie Management has agreed to submit their formal TIF request which would include a gap analysis, TIF projections, and a proposed deal structure. Our consultants will review their request and compare to our analyses to verify that the request is need-based (i.e. validating the “but for”) to prevent a subsidy above market rate returns. The $2 million would be limited to the time period starting upon designation up to one year prior to the end of the Dominck’s lease, reported to be the end of 2020. During this period, approximately $3.67 million will have accrued in the TIF if designated at 2010 EAV or $2.42 million at 2011 EAV levels (as summarized in the tables attached.) Legislative History: April 12, 2012 and the Joint Review Board unanimously approved an advisory, non- binding recommendation to the City Council to adopt a resolution designating the Dempster Dodge Redevelopment Plan and Redevelopment Project. The City Council fulfilled the obligations of the TIF Act by convening a public hearing on May 14, 2012. On May 29, 2012, City Council introduced the designation resolution and then tabled the vote at the June 11, 2012 meeting. Attachments Resolution 54-R-12 Dempster Dodge TIF Projections 2010 / 2011 497 of 508 6/21/2012 54-R-12 A RESOLUTION Authorizing the City Manager to Negotiate a TIF Redevelopment Agreement Regarding the Evanston Plaza Shopping Center (“Dempster Dodge”) 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 a Tax Increment Financing (“TIF”) redevelopment agreement (“RDA”) with Bonnie Management Corp. (“Bonnie”), owner of the property that is legally and generally described in Exhibits A and B, attached hereto and incorporated herein by reference, commonly known as Evanston Plaza Shopping Center (the “Subject Property”). SECTION 2: Any such negotiated RDA shall: not have a term that extends beyond December 31, 2019; limit the total amount of TIF funds to be distributed to Bonnie to two million dollars ($2,000,000.00); expressly limit the use of said funds to tenant improvements, site improvements, and/or canopy repair. SECTION 3: Any such RDA shall be subject to approval of the City Council, which hereby reserves the right to reject any and all negotiations. SECTION 4: This resolution shall be in full force and effect from and after its passage, approval, and publication in the manner provided by law. 498 of 508 54-R-12 ~2~ _______________________________ Elizabeth B. Tisdahl, Mayor Attest: _______________________________ Rodney Greene, City Clerk Adopted: __________________, 2012 499 of 508 54-R-12 ~3~ EXHIBIT A Legal Description THAT PART OF THE NORTH HALF OF SECTION 24, TOWNSHIP 41 NORTH, RANGE 13 EAST OF THE THIRD PRINCIPAL MERIDIAN IN COOK COUNTY, ILLINOIS, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF LOT 1 IN BANBURY THIRD CONSOLIDATION, BEING A PLAT IN THAT PART OF THE NORTHWEST QUARTER OF SAID SECTION 24, ACCORDING TO THE PLAT THEREOF RECORDED MARCH 27, 1987 AS DOCUMENT NO. 87162463; THENCE SOUTHWESTERLY, WESTERLY, SOUTHWESTERLY, SOUTHEASTERLY AND SOUTHWESTERLY ALONG THE NORTHWESTERLY LINE OF SAID LOT 1 TO A POINT THAT IS 241.64 FEET NORTHWESTERLY OF THE MOST SOUTHWESTERLY CORNER OF SAID LOT 1 AS MEASURED ALONG SAID NORTHWESTERLY LINE; THENCE SOUTHEASTERLY AT A RIGHT ANGLE TO SAID NORTHWESTERLY LINE 5.00 FEET; THENCE SOUTHWESTERLY ALONG A LINE 5.00 FEET SOUTHEASTERLY OF AND PARALLEL TO SAID NORTHWESTERLY LINE TO A POINT ON THE NORTH RIGHT-OF-WAY LINE OF GREENLEAF STREET; THENCE EASTERLY ALONG SAID NORTH RIGHT-OF-WAY LINE OF GREENLEAF STREET TO THE SOUTHWEST CORNER OF LOT 1 IN ARENS CONTROLS, INC. CONSOLIDATION, BEING A PART OF THE NORTHWEST QUARTER OF SAID SECTION 24, ACCORDING TO THE PLAT THEREOF RECORDED MAY 20, 1992 AS DOCUMENT NO. 92349794; THENCE NORTHEASTERLY ALONG THE WESTERLY LINE OF SAID LOT 1 IN ARENS CONTROLS, INC. CONSOLIDATION TO THE NORTHWEST CORNER OF SAID LOT 1; THENCE EASTERLY ALONG THE NORTH LINE OF SAID LOT 1 TO A POINT OF CURVE; THENCE SOUTHEASTERLY ALONG SAID CURVE HAVING A RADIUS OF 40.00 FEET, AN ARC LENGTH OF 64.45 FEET TO A POINT OF TANGENCY ON THE EAST LINE OF SAID LOT 1; THENCE SOUTHERLY ALONG SAID EAST LINE TO A CORNER POINT FOR LOT 1 IN SAID BANBURY THIRD CONSOLIDATION; THENCE EASTERLY ALONG THE SOUTH LINE OF SAID LOT 1 IN BANBURY THIRD CONSOLIDATION TO A POINT ON THE WEST RIGHT-OF-WAY LINE OF BROWN AVENUE; THENCE NORTHERLY ALONG SAID WEST RIGHT-OF-WAY LINE OF BROWN AVENUE TO A POINT ON THE SOUTH LINE OF SAID LOT 1 IN BANBURY THIRD CONSOLIDATION; THENCE EASTERLY ALONG SAID SOUTH LINE OF LOT 1 AND THE EASTERLY EXTENSION THEREOF TO THE EAST RIGHT-OF-WAY LINE OF DODGE AVENUE; THENCE NORTHERLY ALONG SAID EAST RIGHT-OF-WAY LINE TO THE NORTHWEST CORNER OF LOT 1 IN KEAT’S RESUBDIVISION, BEING A SUBDIVISION IN THE NORTHEAST QUARTER OF SAID SECTION 24, ACCORDING TO THE PLAT THEREOF RECORDED SEPTEMBER 28, 1989 AS DOCUMENT NO. 89458950; THENCE WESTERLY ALONG THE WESTERLY EXTENSION OF THE NORTH LINE OF SAID LOT 1 TO A POINT OF INTERSECTION WITH THE WEST RIGHT-OF-WAY LINE OF SAID DODGE AVENUE; THENCE NORTHERLY ALONG SAID WEST RIGHT-OF-WAY LINE TO A POINT OF INTERSECTION WITH THE SOUTH RIGHT-OF-WAY LINE OF DEMPSTER STREET; THENCE WESTERLY, NORTHERLY AND WESTERLY ALONG SAID SOUTH RIGHT-OFWAY LINE TO THE POINT OF BEGINNING. 500 of 508 54-R-12 ~4~ EXHIBIT B General Street Location Retail/commercial parcels southwest of the intersection of Dempster Street and Dodge Avenue in Evanston, Illinois. 501 of 508 Draft ‐ Confidential Working Document Dempster Dodge TIF Projections Dempster Dodge TIF Projections Assumes 2010 Base Assumes 2011 Base Year Annual Increment Cumulative Increment Year Annual Increment Cumulative Increment 2013 ‐$ ‐$ 2013 ‐$ ‐$ 2014 ‐$ ‐$ 2014 ‐$ ‐$ 2015 ‐$ ‐$ 2015 ‐$ ‐$ 2016 336,770$ 336,770$ 2016 87,113$ 87,113$ 2017 804,196$ 1,140,966$ 2017 554,539$ 641,652$ 2018 804,196$ 1,945,162$ 2018 554,539$ 1,196,191$ 2019 804,196$ 2,749,358$ 2019 554,539$ 1,750,730$ 2020 922,596$ 3,671,954$ 2020 672,939$ 2,423,669$ 2021 922,596$ 4,594,550$ 2021 672,939$ 3,096,608$ 2022 922,596$ 5,517,146$ 2022 672,939$ 3,769,547$ 2023 1,050,100$ 6,567,246$ 2023 800,443$ 4,569,990$ 2024 1,050,100$ 7,617,346$ 2024 800,443$ 5,370,433$ 2025 1,050,100$ 8,667,446$ 2025 800,443$ 6,170,876$ 2026 1,187,408$ 9,854,854$ 2026 937,751$ 7,108,627$ 2027 1,187,408$ 11,042,262$ 2027 937,751$ 8,046,378$ 2028 1,187,408$ 12,229,670$ 2028 937,751$ 8,984,129$ 2029 1,335,273$ 13,564,943$ 2029 1,085,616$ 10,069,745$ 2030 1,335,273$ 14,900,216$ 2030 1,085,616$ 11,155,361$ 2031 1,335,273$ 16,235,489$ 2031 1,085,616$ 12,240,977$ 2032 1,494,508$ 17,729,997$ 2032 1,244,852$ 13,485,829$ 2033 1,494,508$ 19,224,505$ 2033 1,244,852$ 14,730,681$ 2034 1,494,508$ 20,719,013$ 2034 1,244,852$ 15,975,533$ 2035 1,494,508$ 22,213,521$ 2035 1,244,852$ 17,220,385$ 2036 1,494,508$ 23,708,029$ 2036 1,244,852$ 18,465,237$ Dominick's Lease Term Assumed (TBD)Dominick's Lease Term Assumed (TBD)502 of 508 For Administration & Public Works meeting of June 25, 2012 Item APW1 Recycling Center Lease Agreement with Evanston Sports Federation For Discussion To: Administration and Public Works Committee From: Douglas J. Gaynor, Parks, Recreation and Community Services Director Subject: Status Report on the Recycling Center Lease Agreement with the Evanston Sports Federation Date: June 19, 2012 Recommended Action: Staff recommends that City Council members review the status report regarding the renovation and lease agreement between the City of Evanston and the Evanston Sports Federation for use of the recycling center as an indoor sports facility. Funding Source: The Evanston Sports Federation will provide financial resources for this project. Summary: On September 19, 2011, City Council authorized the City Manager to negotiate a lease with the Evanston Sports Federation for use of the recycling. The Sports Federation is currently working with architects and engineers developing plans and costs for the renovation project. The legal department drafted a proposed lease which has been reviewed by the Sports Federation and there are still points to be negotiated. The main deal points are the following: • Initial term: 10 years • Lease can be renewed up to three times for 5 years/per renewal • Rent: $1.00/per year • Permitted use: operation of an indoor sports and recreation facility • Tenant will complete the interior build-out for the permitted use at no expense of the City • City’s equipment stored within the recycling center facility will be relocated to another storage facility. Memorandum 503 of 508 The remaining deal points are yet to be worked out; maintenance responsibility, utilities, parking (including ADA parking), storage, and traffic plan. ------------------------------------------------------------------------------------- Attachments: Aerial map of recycling center 504 of 508 505 of 508 For Council Meeting of June 25, 2012 Item O1 Ordinance 66-O-12: Utilities Commission For Introduction To: Honorable Mayor and Members of the City Council Administration and Public Works Committee From: David Stoneback, Director of Utilities Subject: Ordinance 66-O-12 Amending the Evanston City Code Title 2, Chapter 14, Relating to the Utilities Commission Date: June 12, 2012 Recommended Action: The Rules Committee and staff recommend City Council approval of Ordinance 66-O- 12 amending the Evanston City Code, Title 2, Chapter 14, relating to the Utilities Commission. Summary: The Utilities Commission is requesting a modification to the rationale of the commission and the addition of a specific duty. These modifications were initially proposed to the Rules Committee when the commission presented their work plan on February 6, 2012. The Rules Committee considered this matter again on June 24, 2012 and directed the Corporation Counsel to draft an Ordinance modifying the City Code appropriately. Legislative History: On January 10, 2010, Council adopted Ordinance 89-O-10, amending Title 2, Chapter 14 of the City Code to make the Energy Commission the Utilities Commission and the code was further amended to change the rationale, power and duties of the Utilities Commission. Attachments: Ordinance 66-O-12 Memorandum 506 of 508 6/8/2012 66-O-12 AN ORDINANCE Amending Portions of Title 2, Chapter 14 of the City Code Relating to the Powers and Duties of the Utilities Commission NOW BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS, THAT: SECTION 1: Section 2-14-1 of the Evanston City Code of 1979, as amended (“City Code”), is hereby further amended to read as follows: 2-14-1: RATIONALE: It is hereby found and declared by the City Council that in order to protect and promote the public health, safety and welfare of the citizens, businesses and institutions of Evanston, it is necessary to participate in the regulation, planning and improvement of electrical, natural gas, telephone, water and sewer services in Evanston to ensure reliable and competitive service. It is further found that to achieve these goals, there should be an advisory Commission so that citizens, businesses and institutions can bring utility-related concerns before a single group knowledgeable about the utility issues affecting Evanston. SECTION 2: Section 2-14-5 of the City Code, “Powers and Duties” of the Utilities Commission, is hereby further amended by the enactment of a new Subsection (H) thereof, to read as follows: (H) Assist the City’s Office of Sustainability to increase energy efficiency of City facilities and to develop guidelines for water conservation and the energy- efficient operation of buildings. SECTION 3: All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 4: This ordinance shall be in full force and effect from and after its passage, approval, and publication in the manner provided by law. 507 of 508 66-O-12 ~2~ SECTION 5: 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. SECTION 6: The findings and recitals contained herein are declared to be prima facie evidence of the law of the City and shall be received in evidence as provided by the Illinois Compiled Statutes and the courts of the State of Illinois. Introduced:_________________, 2012 Adopted:___________________, 2012 Approved: __________________________, 2012 _______________________________ Elizabeth B. Tisdahl, Mayor Attest: _____________________________ Rodney Greene, City Clerk Approved as to form: _______________________________ W. Grant Farrar, Corporation Counsel 508 of 508