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CITY COUNCIL 2013/05/20 Agenda THE CITY OF LAKE FOREST CITY COUNCIL AGENDA Monday, May 20, 2013 7:30 p.m. City Hall Council Chambers CALL FOR ORGANIZATION OF THE 2013-2014 CITY COUNCIL 7:30 p.m. 1. Deputy City Clerk Margaret Boyer Administers the Oath of Office to: Mayor Elect - - Donald Schoenheider First Ward Alderman-Elect - - Catherine Waldeck Second Ward Alderman-Elect - - George Pandaleon Third Ward Alderman-Elect - - Jack Reisenberg Fourth Ward Alderman-Elect - - Michael Adelman CALL TO ORDER AND ROLL CALL Honorable Donald Schoenheider, Mayor Kent Novit, Alderman First Ward Stanford Tack, Alderman Third Ward Catherine Waldeck, Alderman First Ward Jack Reisenberg, Alderman Third Ward David Moore, Alderman Second Ward Robert Palmer, Alderman Fourth Ward George Pandaleon, Alderman Second Ward Michael Adelman, Alderman Fourth Ward PLEDGE OF ALLEGIANCE ELECTION AND APPOINTMENT OF CITY OFFICERS 7:35 p.m. 1. Election by the City Council as Required by Charter and City Code City Treasurer Elizabeth A. Holleb City Supervisor Robert R. Kiely, Jr. City Attorney Victor Filippini City Clerk Robert R. Kiely, Jr. City Surveyor and Engineer Gewalt Hamilton Associates Recommended Action: Appoint officers as required by City Charter and City Code. REPORTS OF CITY OFFICERS 7:35 p.m. 1. Comments by Mayor 7:35 p.m. A. 2012-2013 New Board and Commission Appointments/Reappointments 1 BUILDING REVIEW BOARD NAME OF MEMBER APPOINT/REAPPOINT WARD Ross Freidman Appoint 4 Edward (Ted) Notz Appoint 2 Robert (Bob) Reda Appoint 1 Charlie King Appoint as Chairman 2 Michael Bleck Reappoint 4 CEMETERY COMMISSION NAME OF MEMBER APPOINT/REAPPOINT WARD Patrick Looby Appoint 4 Dennis O’Brien Appoint 1 Colin Silvester Reappoint as Chairman 3 CROYA NAME OF MEMBER APPOINT/REAPPOINT WARD Rebecca Quackenbush Reappoint LB Susan Beshilas Reappoint 2 Alana Hender Reappoint 3 Jim Thiel Reappoint 4 Jack Williams Appoint Student Martha Stride Appoint Student Annie Kotlarz Appoint Student FIRE AND POLICE BOARD NAME OF MEMBER APPOINT/REAPPOINT WARD Steve Kernahan Appoint 2 HISTORIC PRESERVATION COMMISSION NAME OF MEMBER APPOINT/REAPPOINT WARD Robert Alfe Appoint 4 Susan Athenson Reappoint 3 LEGAL COMMITTEE NAME OF MEMBER APPOINT/REAPPOINT WARD Ken Weinberger Appoint 2 Raymond Buschmann Reappoint as Chairman 4 2 LIBRARY NAME OF MEMBER APPOINT/REAPPOINT WARD Kate Bryant Appoint 1 Carol Champ REAPPOINT 1 PARKS & RECREATION BOARD NAME OF MEMBER APPOINT/REAPPOINT WARD Charles Kohlmeyer Appoint 4 PLAN COMMISSION NAME OF MEMBER APPOINT/REAPPOINT WARD Guy Berg Appoint 2 James Carris Reappoint 1 Lloyd Culbertson Reappoint 4 ZONING BOARD OF APPEALS NAME OF MEMBER APPOINT/REAPPOINT WARD Richard Plonsker Appoint 2 Robert Franksen Appoint as Chairman 1 A copy of the Volunteer Profile Sheets begin on page 14 of your City Council packet. Recommended Action: Approve appointments recommended by Mayor Schoenheider B. Cool Cities Environmental Leadership – Curt Volkman Chairman of the Lake Forest Collaborative for Environmental Leadership, Jack Darin (Director of Sierra Club's IL Chapter) and Lonnie Morris (IL Cool Cities Chair) A copy of the materials related to the Environmental Leadership are attached on page 29. 2. Comments by City Manager 8:00 p.m. A. Approval of International Association of Fire Fighters (IAFF) Contract between the City and the Lake Forest Firefighters/Lieutenants’ Presented by DeSha Kalmar, Director of Human Resources For the renewal contract, the City and the Local negotiated a successor contract by not utilizing attorneys for the negotiating process and came to tentative agreement in late April. The union ratified the tentative contract on May 6, and it is now before the City Council for ratification. The duration of the contract is from May 1, 2013, through April 30, 2016. It includes retroactive pay increases effective May 1, 2013. 3 A breakdown of agreed-upon economic items is attached on page 36 of your City Council packet. These will be reviewed with the PCA Committee prior to the City Council meeting. 3. Comments by Council Members 8:05 p.m. A. Property and Public Land Committee 1. Final Approval of the Gorton Operating Agreement PRESENTED BY: VICTOR FILIPPINI, CITY ATTORNEY PURPOSE AND ACTION REQUESTED: Staff is requesting final approval of the Gorton Operating Agreement. BACKGROUND/DISCUSSION: On April 29, 2013 the Property and Public Land Committee met with Gorton Officials to finalize the Gorton Operating agreement. This evening City Attorney, Victor Filippini will walk the City Council through modifications of the Operating agreement made since April 15 when the Ordinance was discussed at your Finance Committee meeting. Attached on page 38 of your packet. RECOMMENDED ACTION: If appropriate and should the City Council desire, approve the Gorton Agreement as presented. 2. Consideration of a Recommendation from the City’s Housing Trust Fund Board Recommending Approval of a Resolution in Support of a Long Term Plan for the Senior Cottages, Authorizing the Release of a Reversion Clause for the Property and Authorizing the Acknowledgement of Full Satisfaction of the Obligations of Presbyterian Homes’ Special Use Permit. (Approval of Resolution) STAFF CONTACT: CATHERINE CZERNIAK, DIRECTOR OF COMMUNITY DEVELOPMENT (810-3504) PURPOSE AND ACTION REQUESTED: Council action is required to facilitate the transfer of the Senior Cottages, located on Conway Road at Telegraph Road, from the Senior Cottages Foundation to Community Partners for Affordable Housing (“CPAH”). The Council’s role in this transaction is limited to two items: 1) the release of a reversion clause on the property deed; and 2) acknowledgement that upon the completion of the transaction and with limited ongoing rental subsidies, the remaining obligations from Presbyterian Homes’ Special Use Permit are fully satisfied. BACKGROUND/DISCUSSION: In 2001, the City Council approved the 5-unit Senior Cottage Development and donated the land on which the development was built. The Lake Forest Senior Cottage Foundation, a not-for-profit corporation comprised of local residents, was formed to accomplish the vision of constructing the cottages and sustaining them in the early years. 4 The Senior Cottages have successfully met the goal of providing rental housing for local seniors. For the past year, the Housing Trust Fund Board has explored options for establishing the best structure to support the Senior Cottages going forward. After much discussion involving many parties, a transfer of the property from the founding group to CPAH is imminent. CPAH, as the Council knows, is a well-established not-for-profit with experience and expertise in owning and managing affordable housing. This transfer is made possible through a net payment by Presbyterian Homes, Illinois Affordable Housing Tax Credits and the participation of Lake Forest Bank and Trust. The current debt on the cottages will be paid down, a reserve fund established, various loans repaid (including some due to the City) and rents will be set at a level that will not require an ongoing subsidy. Community Partners for Affordable Housing will own, operate and maintain the Senior Cottages going forward. The rental units will continue to be made available on a priority basis to Lake Forest seniors consistent with the procedures used to date. The City’s Senior Center will continue to serve as a connection point between seniors in need of housing and the owners of the Senior Cottages. A Resolution is included in the Council’s packet beginning on page 75. RECOMMENDED ACTION : Approve a Resolution in support of the Senior Cottages, authorizing the release of a reversion clause for the Property and authorizing the acknowledgement of satisfaction of the remaining Special Use Permit obligations of Presbyterian Homes. 3. Approval of a Resolution declaring Wedgewood Lots #22, #23, #24 a surplus and Approving a 50 ft. Covenant on parcels #23 and #24 PRESENTED BY: VICTOR FILIPPINI, CITY ATTORNEY PURPOSE AND ACTION REQUESTED: Staff is requesting approval of a Resolution declaring the Wedgewood Lots #22, #23, #24 a surplus, identify a process in order to actively market the properties and approve a 50 ft. Covenant for each lot. BACKGROUND/DISCUSSION: On December 18, 1998, a deed was recorded in the Lake County Recorder’s Office transferring ownership of three parcels, Lots 22, 23 and 24 in the Wedgewood Subdivision, from Surety Enterprises, L.L.C., the developer of the Wedgewood Subdivision, to the City of Lake Forest. At the request of the developer, the City Council accepted the donation of these lots. The developer offered the lots to the City as a donation in the interest of moving the subdivision forward to completion and due to the fact that these lots, adjacent to a non-residential use in Bannockburn to the south, were less attractive to buyers than other lots in the subdivision. The City Council accepted the lots as a donation through a Resolution dated November 19, 1998. The donation of the lots was conditioned on the lots being rezoned from R-4, Single Family Residential, to OA, Open Area. The Resolution stated that the lots must be used only for recreational and open space purposes so long as they are owned by the City. The Resolution further specified that the City could not sell the lots until the earlier of the following: 5 • The completion of the sales of the remaining lots by the developer. • The passage of 10 years from the date of the donation. The required 10 years has passed since the Resolution was adopted. Based upon a recommendation from the Property and Public Land Committee, in June 2012 the Plan Commission rezoned the properties back to R-4, from OA, Open Area, which is necessary to allow private ownership of the lots and development of the lots for single family dwellings which is consistent with surrounding development and the original subdivision approval. This evening City Attorney, Victor Filippini will walk the Council through the Resolution. A copy of the resolution can be found on page 79 of your packet. RECOMMENDED ACTION: If appropriate and should the City Council desire, approve a Resolution declaring Wedgewood Lots #22, #23, #24 a surplus and Approving a 50 ft. Covenant on parcels #23 and #24. 4. Approval of a Resolution relating to The City’s Right of First Refusal for the property known as, the YMCA Building in Market Square PRESENTED BY: VICTOR FILIPPINI, CITY ATTORNEY PURPOSE AND ACTION REQUESTED: Staff is requesting approval of a resolution relating to The City’s right of first refusal for the property noted above. BACKGROUND/DISCUSSION: In a document dated March 1982, The City of Lake Forest has the right of first refusal on the YMCA Building in Market Square should Market Square ever be sold. This evening the City Attorney, Victor Filippini will walk the Council through the Resolution attached to page 94 which waives the City’s right and permits the transfer of ownership to Market Square to proceed. RECOMMENDED ACTION: Approve a Resolution related to the City’s Right of First Refusal to the YMCA Building in Market Square 5. Consideration of a Resolution Directing the Plan Commission to Review and Reconsider Previously Accepted Development Parameters for the City’s 10-Acre Laurel and Western Avenues Property (Approval of Resolution) STAFF CONTACT: CATHERINE CZERNIAK, DIRECTOR OF COMMUNITY DEVELOPMENT (810-3504) PURPOSE AND ACTION REQUESTED: Consideration of a Resolution directing the Plan Commission to hold public meetings to review, reconsider and if determined to be appropriate, recommend modifications to the Development Parameters for the City’s former Municipal Services site. 6 BACKGROUND/DISCUSSION: On July 8, 2008, the City Council accepted the “Development Parameters” for the City owned property located at the northwest corner of Western and Laurel Avenues, the former Municipal Services site. The Development Parameters were prepared after several months of study and public meetings by the adhoc Western and Laurel Avenues Redevelopment Committee, a study group appointed by former Mayor Rummel in August, 2007. In recent months, the Property and Public Lands Committee of the City Council (the PPL) discussed this 10-acre parcel and debated the appropriate timing for renewing discussions about redevelopment of the property. The Committee also considered changes that have occurred both locally and regionally since 2008 when the Development Parameters were accepted and considered current development and market trends and acknowledged that these factors may, or may not, warrant modifications to the Development Parameters. After discussion, the PPL determined that the time is right for reconsideration and recommends that the City Council direct the Plan Commission to undertake a review of the Development Parameters for the Laurel and Western Avenue site, revisit the basis upon which they were established, consider today’s market trends and invite public comment to hear the community’s current thoughts about the property. The PPL further recommends that the Council direct the Plan Commission to complete its review and report back to the City Council with a report and recommendation by September 1, 2013. The Development Parameters as accepted by the City Council in 2008 are included in the Council packet following the Resolution which begins on page 97. A summary matrix of the parameters follows with a recommendation from the Property and Public Lands on particular items that should be the focus of the Plan Commission’s review. RECOMMENDED ACTION: Approve a Resolution directing the Plan Commission to review and reconsider the Development Parameters for the City owned property located at the northwest corner of Laurel and Western Avenues. OPPORTUNITY FOR CITIZENS TO ADDRESS THE CITY COUNCIL ON NON-AGENDA ITEMS ITEMS FOR OMNIBUS VOTE CONSIDERATION 8:25 p.m. 1. Approval of the May 6, 2013 regular City Council minutes Copy of the minutes are attached beginning on page 107. 2. Award of Purchase for the Replacement of a One-Ton 4WD Pick-Up Truck for the Forestry Section Included in the F.Y. 2014 Capital Equipment Budget 7 STAFF CONTACT: Michael Thomas, Director of Public Works (810-3540) PURPOSE AND ACTION REQUESTED: Staff is requesting City Council authorization to award a bid for the replacement of unit # 631, a 2000 Chevrolet pick-up truck used by the Forestry Section. Per the Purchasing Directive 3-5, staff sent bid specifications to multiple dealerships, had the invitation to bid printed in two local newspapers, and placed all specifications on the City’s web site. Due to the modifications being made by GM to this model year 2014 pick-up truck, the delivery time is expected to be upwards of 120 days. Therefore if the bid is awarded this evening, staff anticipates receiving the replacement truck in November. BACKGROUND/DISCUSSION: The current unit #631 is a 2000 Chevrolet ¾-ton 4WD pick-up truck with approximately 73,000 miles. It is primarily used for hauling the Section’s heavier loads to include parkway trees for both the spring and fall planting season, dirt, logs, mulch, and is responsible for towing the Section’s stump grinder. The unit also assists with the annual snow removal program. The truck’s pick-up body was severely damaged last fall in an accident and sustained damage to its frame and pick-up bed. The hydraulic system is inoperable which makes the lift gate unusable. Finally, the truck’s doors and rocker panels are rusted through along with a good portion of the undercarriage system BUDGET/FISCAL IMPACT: Replacement of this truck was discussed at the both the November and March budget meetings. As previously noted, all required bidding procedures were adhered to and the following bids were received on May 2, 2013: Dealership Location Bid Trade Net Raymond Chevrolet Antioch, IL $41,328 $2,500 $38,828 Palmen GMC Kenosha, WI $41,704 $1,500 $40,204 Libertyville Chevrolet Libertyville, IL $42,946 $2,500 $40,446 Ray Chevrolet Fox Lake, IL $41,422 $1,000 $40,422 The City’s fleet of pickups, one ton dumps, and police equipment is 98% GM products. The City has had very good experience with these vehicles and has a good working relationship with surrounding GM dealerships. With a majority of the fleet being GM vehicles, the mechanics are able to streamline repair services and the parts inventory is minimized due to many common parts. Warranty work can be completed at any GM dealership and parts are readily available throughout the area. Staff therefore recommends awarding the bid to lowest bidder. Savings from this Parks & Recreation Fund pick-up truck will offset the overage on pick-up truck # 320, also being requested for approval to purchase during this evening’s City Council meeting. FY2014 Funding Source Account Budget Amount Requested Budgeted? Y/N Parks & Rec. Fund $45,000 $38,828 Y 8 RECOMMENDED ACTION: If appropriate and should City Council desire award the of purchase for the replacement of pick-up truck # 631 to the lowest responsible bidder, Raymond Chevrolet in the net amount of $38,828. This is $6,172 under the budget amount of $45,000 3. Award of Purchase for the Replacement of a ½-Ton Extended Cab Pick-Up Truck for the Parks Section Included in the FY2014 Capital Equipment Budget STAFF CONTACT: Michael Thomas, Director of Public Works (810-3540) PURPOSE AND ACTION REQUESTED: Staff is requesting City Council authorization to award a bid for the replacement of unit #320, a 2001 Chevrolet pickup truck used by the Parks Section. Per the Purchasing Directive 3-5, staff sent bid specifications to multiple dealerships, had the invitation to bid printed in two local newspapers, and placed all specifications on the City’s website. If the bids are awarded by City Council, staff anticipates receiving the replacement truck in late September 2013. BACKGROUND/DISCUSSION: The current unit #320 is a 2001 Chevrolet ½-ton pickup truck with approximately 120,000 miles. It is a utility pick-up truck that is used throughout the Section’s operations. It carries tools for multiple Parks and right-of-way maintenance to include, barricades, materials, and small engine equipment. The brake lines, fenders, rocker panels, and floor are all rotted out on this truck. Gaps exist in the floor boards where the ground can be seen. In addition, this vehicle was in a significant accident four years ago and the frame itself needed to be straightened. BUDGET/FISCAL IMPACT: Replacement of this truck was discussed at both the November 2012 and March 2013 budget meetings. As previously noted, all required bidding procedures were adhered to and the following bids were received on May 2, 2013: Dealership Location Bid Trade Net Ray Chevrolet Fox Lake, IL $29,154 $1,500 $27,654 Libertyville Chev. Libertyville, IL $30,210 $2,500 $27,710 Raymond Chev. Antioch, IL $29,500 $1,500 $28,000 The City’s fleet of pickups, one ton dumps, and police equipment is 98% GM products. The City has had very good experience with these vehicles and has a good working relationship with surrounding GM dealerships. With a majority of the fleet being GM vehicles, the mechanics are able to streamline repair services and the parts inventory is minimized due to many common parts. Warranty work can be completed at any GM dealership and parts are readily available throughout the area. Staff therefore recommends awarding the bid to lowest bidder. Although this particular vehicle is over budget, savings from the other truck being purchased from this year’s Parks & Recreation Fund will offset the overage. 9 FY2014 Funding Source Account Budget Amount Requested Budgeted? Y/N Parks & Rec. Fund $25,000 $27,654 Y RECOMMENDED ACTION: If appropriate and should City Council desire award of purchase for the replacement of pick-up truck #320 to the lowest responsible bidder, Ray Chevrolet in the net amount of $27,654. This is $2,654 over the budgeted amount of $25,000. Savings from the other truck being purchased this year from the Parks & Recreation Fund will offset the overage of this vehicle. 4. Award of Purchase for the Replacement of a One-Ton 4WD Pick-Up Truck for the Water & Sewer Section Included in the F.Y. 2014 Capital Equipment Budget STAFF CONTACT: Michael Thomas, Director of Public Works (810-3540) PURPOSE AND ACTION REQUESTED: Staff is requesting City Council authorization to award a bid for the replacement of unit # 903, a 2001 Chevrolet pick-up truck used by the Water & Sewer Section. Per the Purchasing Directive 3-5, staff sent bid specifications to multiple dealerships, had the invitation to bid printed in two local newspapers, and placed all specifications on the City’s web site. Due to the modifications being made by GM to this model year 2014 pick-up truck, the delivery time is expected to be upwards of 120 days. Therefore if the bid is awarded this evening, staff anticipates receiving the replacement truck in November. BACKGROUND/DISCUSSION: The current unit #903 is a 2001 Chevrolet ¾-ton 4WD pick-up truck with approximately 66,000 miles. It is primarily used for hauling the Section’s heavier loads to include manhole rings, basin frames, stone, and various minor pieces of equipment for water and sewer repairs. The unit also assists with the annual snow removal program. The truck’s plow system is inoperable and this past winter was pieced together using plow parts from a myriad of companies. The truck’s brake lines, rocker panels, and doors all have significant rust and its cab floor is rotted through in multiple places. Finally, the truck was recently taken out of service and is awaiting replacement of its water pump. BUDGET/FISCAL IMPACT: Replacement of this truck was discussed at the both the November and March budget meetings. As previously noted, all required bidding procedures were adhered to and the following bids were received on May 2, 2013: Dealership Location Bid Trade Net Raymond Chevrolet Antioch, IL $41,328 $6,000 $35,328 Palmen GMC Kenosha, WI $41,704 $4,500 $37,204 Libertyville Chevrolet Libertyville, IL $42,946 $4,500 $38,446 Ray Chevrolet Fox Lake, IL $41,422 $1,500 $39,922 The City’s fleet of pickups, one ton dumps, and police equipment is 98% GM products. The City has had very good experience with these vehicles and has a good working relationship with surrounding GM dealerships. With a majority of the fleet being GM 10 vehicles, the mechanics are able to streamline repair services and the parts inventory is minimized due to many common parts. Warranty work can be completed at any GM dealership and parts are readily available throughout the area. Staff therefore recommends awarding the bid to lowest bidder. FY2014 Funding Source Account Budget Amount Requested Budgeted? Y/N Water Fund $45,000 $35,328 Y RECOMMENDED ACTION: If appropriate and should City Council desire award of purchase for the replacement of pick-up truck # 903 to the lowest responsible bidder, Raymond Chevrolet in the net amount of $35,328. This is $9,672 under the budget amount of $45,000. 5. Consideration of Ordinances Approving Recommendations from the Building Review Board. (First Reading and if desired by the City Council, Final Approval) STAFF CONTACT: CATHERINE CZERNIAK, DIRECTOR OF COMMUNITY DEVELOPMENT (810-3504) The following recommendations from the Building Review Board are presented to the City Council for consideration as part of the Omnibus Agenda. 587 Illinois Road – The Building Review Board recommended approval of the demolition of the existing house and approval of the site plan, building design, exterior materials and landscape plan for the replacement residence. The Board received testimony from several neighbors during its consideration of this petition. In response to the neighbors’ comments, the plan was revised to reduce the impact of the garage and driveway on the neighboring homes and overall streetscape, enhance the landscaping along property lines and refine several architectural elements and details. In response to a neighbor’s concern about drainage, the Board recognized that prior to the issuance of a building permit, a final grading and drainage plan will need to be submitted to the City and will be subject to review and approval by the City Engineer. (Board vote: 4-0, approved) 2050 Saunders Road – The Building Review Board recommended approval of the demolition of the existing house and approval of the site plan, building design, exterior materials and the landscape plan for the replacement residence. The Board received testimony from a neighbor regarding drainage concerns in the larger Saunders Road area. (Board vote: 5-0, approved) 727 Bank Lane – The Building Review Board recommended approval of modification and replacement of windows at Lake Forest Bank and Trust. No public testimony was presented to the Board on this petition. (Board vote: 5-0, approved) 150 Saunders Road – The Building Review Board recommended approval of signage for a new business, Dart Container Corporation on an existing monument base. No public testimony was presented to the Board on this petition. (Board vote: 5-0, approved) 11 Ordinances approving each of the petitions listed above as recommended by the Building Review Board, with key exhibits attached, are included in the Council packet beginning on page 113. The Ordinances and complete exhibits are available for review in the Community Development Department. RECOMMENDED ACTION: Waive first reading and grant final approval of the Ordinances in accordance with the recommendations of the Building Review Board. RECOMMENDED ACTION: Approve the five Omnibus items as presented. ORDINANCES 8:40 p.m. 1. Consideration of an Ordinance Amending The City of Lake Forest Liquor Code (Final Approval) PRESENTED BY: VICTOR FILIPPINI, CITY ATTORNEY PURPOSE AND ACTION REQUESTED: Staff is requesting final approval of an Ordinance amending the City’s Liquor Code. BACKGROUND/DISCUSSION: The Mayor is the designated Liquor Commissioner. In such the Commissioner and the City Council have the authority to establish licensing and other regulations related to the sale of alcoholic beverages. Periodically, staff receives requests for a new liquor license. Upon receipt of the request, the liquor code is reviewed to ensure that the type of liquor license and number of liquor licenses are available for each category. The City Council directed the City Attorney and City staff to take a comprehensive look at the liquor code to make sure it was up to date and in compliance with state law and current local practices. This Ordinance was approved for first reading at your March 18 meeting, with further discussion at your April 15 Council meeting. For your convenience a copy of the code amendment is on page 142 of your council packet. RECOMMENDED ACTION: If appropriate and should the City Council desire, approve second reading of an Ordinance amending the liquor code as presented 2. Consideration of a Recommendation from the Plan Commission in Support of an Ordinance Amending Chapter 46, Section 10(E) of the City Code as it Relates to Fences in Ravines and on Bluffs (Final approval) PRESENTED BY CATHERINE CZERNIAK, DIRECTOR OF COMMUNITY DEVELOPMENT (810-3504) PURPOSE AND ACTION REQUESTED: As a follow up to the City Council’s approval of first reading of an Ordinance relating to fences in ravines and on bluffs, an Ordinance, with revised language based on the Council’s direction and Plan Commission’s reconsideration, is presented for final consideration. 12 BACKGROUND/DISCUSSION: On February 19, 2013, the City Council granted first reading of an Ordinance amending the Code to address fences in ravines and on bluffs. At that time, the Council raised questions about the proposed amortization period for existing fences. At the Council’s direction, the proposed amendment was redirected to the Plan Commission for reconsideration after approval of first reading. Specifically, the Commission reconsidered: 1) the language requiring the removal of existing fences in ravines and on bluffs within a specified time frame and upon transfer of property to a new owner and 2) whether an opportunity for a variance should be provided. The Commission heard additional testimony generally in support of eliminating the requirement for existing fences to be removed so long as they remain in a stable and upright condition. At the conclusion of the public hearing and deliberation, the Plan Commission voted unanimously to recommend revisions to the proposed amendment striking the provision requiring existing fences to be removed either after a specific time period or prior to a transfer of property ownership. The Commission retained language providing the opportunity for a variance from the prohibition of fences in ravines or on bluffs subject to consideration of specific criteria through the normal public review process. The Code amendment language as recommended by the Plan Commission after further review is included in the Ordinance which begins on page 174 of the Council packet. The changes made since first reading are highlighted for the Council’s information. RECOMMENDED ACTION: Grant final approval of an Ordinance amending Chapter 46, Section 10(E) of the City Code pertaining to fences in ravines and on bluffs. NEW BUSINESS 9:40 p.m. ADDITIONAL ITEMS FOR COUNCIL DISCUSSION ADJOURNMENT 9:45 p.m. Office of the City Manager May 17, 2013 The City of Lake Forest is subject to the requirements of the Americans with Disabilities Act of 1990. Individuals with disabilities who plan to attend this meeting and who require certain accommodations in order to allow them to observe and/or participate in this meeting, or who have questions regarding the accessibility of the meeting or the facilities, are required to contact City Manager Robert R. Kiely, Jr., at (847) 234-2600 promptly to allow the City to make reasonable accommodations for those persons. 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ILLINOIS COOL CITIES SURVEY Name of Cool City: __________Lake Forest_____________________ ________ Cool City Adoption Date: _____November 27, 2007_______________________ Current Mayor: _________ James Cowhey___________________________ Assigned Staff Contact: _______Chuck Myers____________________ _ ______ Email: _____________________myersc@cityoflakeforest.com_______________ Phone: _____________________847-810-3565____________________________ 1. Please describe your city’s efforts to reach the goals of the Climate Protection Agreement. Please include major tactics you implemented in your community. In April of 2011, Lake Forest completed its first energy and emissions inventory using 2007 as the baseline year. The inventory revealed that the community and government operations emitted approximately 402,000 metric tons of CO 2 e in 2007 with 82% of the emissions coming from residential, commercial and industrial energy usage. Lake Forest also recognized the unique opportunity in 2011 to reduce emissions and energy costs through municipal electricity aggregation. The City played a leadership role in forming the North Shore Electricity Aggregation Consortium (NSEAC) with seven other neighboring communities to evaluate options for selecting an alternative supplier. In April of 2012, the NSEAC selected MC Squared Energy Services (MC2) as its electricity supplier at a price 41% below the current ComEd rate. Lake Forest also selected the supplier’s 100% renewable option to demonstrate the City’s environmental stewardship and to achieve the goals of the Climate Protection Agreement (CPA). The lower cost, 100% renewable electricity began flowing to the residents and businesses of Lake Forest in June. Lake Forest residents have collectively saved $318,000 at the end of July and are projected to save $1.69 million ($250 per household) by the end of 2012. 2. Does your community have a climate action plan? If possible, please include a web link to your plan or attach a copy. Lake Forest does not currently have a climate action plan. However, the City recently established the Lake Forest Consortium for Environmental Leadership (Consortium), a cooperative venture created to develop a comprehensive Sustainability Plan (which will include 29 a focus on energy efficiency and greenhouse gas reductions) and to collaborate on programs to promote and implement the Plan. Members of the Consortium may include the City of Lake Forest, Lake Forest College, Lake Forest Elementary School District 67, Lake Forest High School District 115, and the Lake Forest Open Lands Association. The Consortium’s goal is to bring together the collective resources of the member institutions to encourage environmental awareness and action to protect Lake Forest’s unique natural heritage, enhance residents’ quality of life, contribute to creating a healthier community and local ecosystems, expand resident pride in the community and its conservation ethic, and demonstrate the importance of a sustainable community to economic vitality and regional prosperity. 3. Was your community able to assess baseline greenhouse gas emission? If so, what year did you use for your baseline? Please include any links or documents that are relevant. Lake Forest assessed its baseline greenhouse gas emissions using 2007 as the baseline year (see http://www.cityoflakeforest.com/pdf/GREENTEAM/emissions%20inventory.pdf). 4. Were you able to document emissions reductions from your efforts? Please include as much detail as you can. The recently completed emissions inventory revealed 402,000 metric tons of CO 2 e in 2007 for Lake Forest. Assuming a 0.71% CAGR over the 17 year period between 1990 and 2007 based on population growth, Lake Forest estimates their 1990 emissions to be approximately 357,000 metric tons. As illustrated below, the CPA goal of a 7% reduction below 1990 levels translates into a 20% reduction below 2012 levels, or a reduction of approximately 85,000 metric tons. MC2 forecasts that Lake Forest will purchase 60,513 MWh of renewable electricity from June through December 2012. Subtracting the 6% of renewable electricity that would have been 30 included with ComEd under the Illinois Renewable Portfolio Standard (RPS) requirement, Lake Forest will use 56,882 MWh of “additional” renewable electricity in 2012. According to the EPA Green Power Equivalency Calculator (see http://www.epa.gov/greenpower/pubs/calculator.htm) and assuming that this renewable generation is located in Illinois or Indiana and split evenly between the RFC West and SERC Midwest sub regions, this is equivalent to a reduction of 50,670 metric tons of CO 2 , or 60% of the CPA goal of 85,000 tons. Considering a full twelve months (June 2012 through May 2013) under the new supplier, MC2 forecasts that Lake Forest will purchase 102,276 MWh of renewable energy. After subtracting the 6% RPS requirement, Lake Forest will use 96,139 of “additional” renewable electricity. Using the same calculator and assumptions as above, this is equivalent to a reduction of 85,640 metric tons of CO 2 or 101% of the CPA goal. 5. What were the major obstacles to reaching your goals, or to implementing them? Given the current abundance of renewable energy in the Midwest, the significant gap between the ComEd price and market prices for electricity, and the associated savings potential for residents and small businesses, there was very little resistance in the community to the adoption of 100% renewable energy. The Mayor and City Manager were strongly supportive and the City Council approved the adoption of the new MC2 contract unanimously. A larger challenge lies ahead as market prices fluctuate and the current MC2 pricing expires. Lake Forest may face more difficult decisions if 100% renewable energy becomes significantly more expensive than standard electricity. Recognizing this potential challenge, the Consortium will incorporate both energy efficiency and other renewable energy supply options into the creation of the Lake Forest Sustainability Plan. 6. Is there anything Sierra Club can do to help your community implement its climate action goals? The Consortium would value input and participation from the Sierra Club as it begins the development of the Lake Forest Sustainability Plan. 7. Is your community interested in continuing to implement global warming solutions? Will you adopt the Local Sustainability Agreement 2015 goals? (see attached)__Yes_____ Yes, Lake Forest is interested in continuing to implement global warming solutions. Specific actions will be defined during the development of the Lake Forest Sustainability Plan. 31 8. Is there anything else you would like to share? In additional to adopting a renewable electricity supply and creation of the Consortium for Environmental Leadership, Lake Forest has continued to demonstrate its commitment to conservation and environmental stewardship. Recent examples include: • More than 800 acres of prairie, wetlands and woodlands owned or managed by Lake Forest Open Lands Association, the first Illinois land trust to be accredited by the Land Trust Accreditation Commission • Named a Tree City USA community by the Arbor Day Foundation for 31 consecutive years, reflecting Lake Forest’s commitment to community forestry • Implemented a highly successful residential recycling program with 2,700 tons of waste (37% of the total) diverted from the landfill in 2011 • Completed a new LEED Gold Municipal Services Facility which serves as a model for new construction in the region • Restored savannahs and ravines on the campus of Lake Forest College and integrated restoration ecology into the College’s curriculum • Developing a Bicycle Master Plan to provide safe bike connectivity throughout the City and to encourage residents to drive less • Developing a “Re-Greening Lake Forest” strategy in response to the expected loss of more than 10,000 ash trees over the next five years due to the emerald ash borer. The City believes that this provides a unique opportunity to increase the diversity and percentage of native species within our tree population through a collaborative, community-wide replanting effort. 32     Illinois  Cool  Cities  Local  Sustainability  Protection  Agreement    2015  Goals     A. We  urge  the  federal  government  and  state  governments  to  enact   policies  and  programs  to  reduce  the  United  States  ‘  dependence  on   fossil  fuels  and  accelerate  the  development  of  clean,  economical  energy   resources  and  fuel-­‐efficient  technologies  such  as  conservation,  methane   recovery  for  energy  generation,  wind  and  solar  energy,  fuel  cells,  and   electric  and  efficient  motor  vehicles;   B. We  urge  the  U.S.  Congress  to  pass  bipartisan  greenhouse  gas  reduction   legislation  that  1)  includes  clear  timetables  and  emissions  limits  and  2)   a  flexible,  market  based  system  of  tradable  allowances  among  emitting   industries;  and     C. We  will  strive  to  meet  or  exceed  the  target  to  reduce  climate  change   pollution  by  2%  per  year  from  2009  baseline  levels  (per  capita)  by   taking  actions  in  our  own  operations  and  communities  such  as:     1.  Inventory     • Inventory  baseline  energy  metrics  in  City  operations  and  in  the   community  and  set  reduction  targets.   2.  Plan     • Create  an  action  plan  for  city  operations  and  community.     3.  Implement   In  addition  to  the  2012  goals  set  forth  by  the  U.S.  Mayors  Climate  Protection   Agreement,  consider  the  following  energy  saving  measures.       • Encourage  residents  to  take  advantage  of  energy  efficiency  measures   in  their  own  homes  by  using  free  tools  such  as  the  CUB  Energy  Saver   program  (www.cubenergysaver.com/teams/sierraclub)  or  the  Energy   Impact  program  (www.energyimpactillinois.org)  to  identify  energy   and  money  saving  measures.     • Endorse  Complete  Streets  and  Bicycle  Friendly  Community  measures   to  ensure  safe  environmentally  friendly  transit  options.   • Become  an  EPA  designated  Green  Power  Community  by  sourcing  a   portion  of  consumed  energy  from  green  sources.       • Aggregate  the  community’s  energy  consumption  to  provide  a  green   option  for  residents,  often  at  lower  cost  than  traditional  dirty  energy.     Communities  are  encouraged  to  first  seek  out  locally  generated   renewable  energy.   • Engage  in  sustainable  waste  management  practices  by  prioritizing   recycling,  composting,  and  construction/deconstruction  diversion   programs  over  traditional  landfill  waste  disposal.     33 • Support  policies  that  make  the  grid  accessible  to  clean  energy.       • Implement  incentives  and  policies  to  encourage  electric  vehicle   infrastructure  and  use,  with  an  emphasis  on  renewable  source   charging.     • Encourage  local  food  production  and  consumption  through  farmer’s   markets,  co-­‐ops,  urban  agriculture,  community  kitchens  and  community   gardens.   • Educate  residents  on  energy  saving  measures  available  at  home  and   throughout  the  community  through  events  and  outreach.   • Issue  a  resolution  to  support  the  Environmental  Protection  Agency’s   Clean  Air  Act  protections  to  reduce  pollution  and  protect  public  health   • Support  funding  mechanisms,  like  the  PACE  program  (property   assessed  clean  energy),  that  remove  cost  barriers  for  clean  energy  and   energy  efficiency  installations     4.  Monitor  and  Evaluate     • Create  a  webpage  to  update  city  residents  on  the  progress  of  action  plan   and  encourage  engagement  in  energy  saving  activities.     2012  goals  set  forth  by  the  U.S.  Mayors  Climate  Protection  Agreement   -­‐  Adopt  and  enforce  land-­‐use  policies  that  reduce  sprawl,  preserve  open   space,  and  create  compact,  walkable  urban  communities;     -­‐    Promote  transportation  options  such  as  bicycle  trails,  commute  trip   reduction  programs,  incentives  for  car  pooling  and  public  transit;     -­‐    Increase  the  use  of  clean,  alternative  energy  by,  for  example,  investing  in     “green  tags”,  advocating  for  the  development  of  renewable  energy  resources,     recovering  landfill  methane  for  energy  production,  and  supporting  the  use  of     waste  to  energy  technology;     -­‐    Make  energy  efficiency  a  priority  through  building  code  improvements,     retrofitting  city  facilities  with  energy  efficient  lighting  and  urging  employees   to    conserve  energy  and  save  money;     -­‐    Purchase  only  Energy  Star  equipment  and  appliances  for  City  use;     .  -­‐    Practice  and  promote  sustainable  building  practices  using  the  U.S.  Green     Building  Council's  LEED  program  or  a  similar  system;     -­‐    Increase  the  average  fuel  efficiency  of  municipal  fleet  vehicles;  reduce  the     number  of  vehicles;  launch  an  employee  education  program  including  anti-­‐ idling  messages;  convert  diesel  vehicles  to  bio-­‐diesel;      -­‐    Evaluate  opportunities  to  increase  pump  efficiency  in  water  and   wastewater  systems;  recover  wastewater  treatment  methane  for  energy   production;     -­‐  Increase  recycling  rates  in  City  operations  and  in  the  community;     -­‐    Maintain  healthy  urban  forests;  promote  tree  planting  to  increase  shading   and  to  absorb  CO2;  and     -­‐    Help  educate  the  public,  schools,  other  jurisdictions,  professional   associations,  business  and  industry  about  reducing  global  warming  pollution       34     The  Illinois  Cool  Cities  Local  Sustainability  Protection  Agreement    Signature  Page     You  have  my  support  for  the  Cool  Cities  Local  Sustainability  Protection  Agreement       Date:  ____________     Mayor:            ______________________________________________________________________________     Signature:  _____________________________________________________________________________     Address:        _____________________________________________________________________________     City:    _________________________________  State:    _____________  Zip:    _______________________     Mayor’s  e-­‐mail:    _______________________________________________________________________     Staff  Contact  Assigned  to  Implement  Agreement:  __________________________________     Staff  Contact  Title:    ___________________________________________________________________     Staff  Phone:    __________________________________________________________________________     Staff  e-­‐mail:    __________________________________________________________________________         Please  return  completed  form  at  your  earliest  convenience  to:     Sierra  Club,  Illinois  Chapter   Cool  Cities  Program     By  Mail:     70  E  Lake  Street,  Suite  1500   Chicago,  Illinois  60601     By  Fax:     (312)  251-­‐1780     For  additional  information,  contact:   Sarah  Gulezian   sarah.gulezian@sierraclub.org   (312)  251-­‐1680  x  117         35 MEMORANDUM TO: The Honorable Members of the City Council FROM: DeSha Kalmar DATE: May 20, 2013 SUBJECT: Negotiations Between City and Firefighters/Lieutenants IAFF Local For the renewal contract, the City and the Local negotiated a successor contract by not utilizing attorneys for the negotiating process and came to tentative agreement in late April. The union ratified the tentative contract on May 6, and it is now before the City Council for ratification. Listed below are the sections of the proposed contract that deal with economic items and other items of interest: Duration: Three-year contract to expire April 30, 2016. Pay increases: Fiscal Year Firefighters Firefighter/Paramedic Lieutenant Paramedic FY2014 0% increase Steps 1&2 - 0%; Steps 3 thru 7 - 2.5% increase Step 1 - 0%; Steps 2 thru 6 - 2.0% increase FY2015 2.0% increase 2.5% increase 2.0% increase FY2016 2.0% increase Steps 1 thru 6 - 2.5%; Step 7 - 3.0% increase 2.25% increase The City Council approved general range increases for non-union City employees for 2.5% in FY14. Longevity Pay: Years of Service Eff. 5/1/13 (status quo) Eff. 5/1/14 Eff. 5/1/15 5-9 years $30.00/year of service $35.00/year of service $35.00/year of service 10 through 14 years $35.00 per year of service $40.00 per year of service $40.00 per year of service 15 through 19 years $40.00 per year of service $45.00 per year of service $45.00 per year of service 20 years and after $55.00 per year of service $60.00 per year of service $65.00 per year of service 36 Holiday Compensation: Fiscal Year Assigned Personnel Call-Back Personnel FY14 Status Quo $140 NA FY15 $190 1st Shift $140; 2nd & 3rd Shifts - $25 FY16 $200 1st Shift $140; 2nd & 3rd Shifts - $25 Health Insurance: Same as all other employees. City agrees not to increase premiums more than 10% per year for the duration of the contract. The PCA Committee received these economic items prior to the City Council meeting. 37 35/2515/13 DraftVersion 1 RESTATED AGREEMENT RELATING TO THE GORTON PROPERTY THIS AGREEMENT is made as of the _______ day of _________, 2013,2013 (the "Effective Date"),by, between, and among THE CITY OF LAKE FOREST, an Illinois municipal corporation (the "City"), and the GORTON COMMUNITY CENTER, an Illinois not-for-profit corporation (the "GCC"); W I T N E S SE T H: WHEREAS, the City is the owner of certain real property at the site of the former Gorton School located at 400 East Illinois Road in Lake Forest, Illinois, and legally described in Exhibit A to this Agreement (the "Property"); and WHEREAS, the Property is improved with a building (the “Building”) and since approximately 1972, the Building and Property has been operated as a community center for the purposes of promoting activities of public interest and bringing together organizations for the benefit and enjoyment of the entire Lake Forest community (the "Community Center"); and WHEREAS, the GCC is a not-for-profit entity financiall y independent from the City and has an independently appointed Board of Directors; and WHEREAS,the GCC, including its predecessor and related entities, has used various portions,and operated aspects of,the Community Center and Property for over thirtyforty years; and WHEREAS, during this time, the Community Center's activities and services have expanded, and the GCC now makes certain facilities of the Property available to organizations benefiting the Lake Forest and Lake Bluff communities and beyond for meetings, programs, and activities in order to enhance cultural, social, recreational, civic, and educational opportunities for the residents of Lake Forest and Lake Bluff and others; and WHEREAS,the GCC has also made the Property available to various other community service organizations, thereby offering the Lake Forest and Lake Bluff communities a true center for accessing many of the organizations and services that enhance the lives of the residents of Lake Forest and Lake Bluff; and WHEREAS,the City recognizes that in GCC's use and operation of the Community Center, GCC has performed, or facilitated other organizations in performing, various services that might otherwise be undertaken directly by the City, including without limitation, cultural and recreational programs, for all ages, and certain social service programs, including day care services provided through the Gorton Children's Drop-In Center (the "Drop-In Center"), which is a part-time day care facility licensed by the State of Illinois; and WHEREAS,the continued operation of the Drop-In Center as part of the Community Center is one of many important considerations in the City's execution of this Agreement; and 38 35/2515/13 DraftVersion 2 WHEREAS,the GCC has historically employed,and currently employs,both full-time and part-time staff for purposes of overseeing the operations of the Community Center and the Property (including the Drop-In Center), as well as for the purposes of providing direct services to the community; and WHEREAS,the Community Center has been financed through GCC's, and through related entities',fundraising efforts as well as the proceeds from user fees from the Community Center's programs and income from other organizations and individuals using the Property; and WHEREAS,in addition to its programming and service activities, the GCC has assumed stewardship of the historically significant building, as more fully described herein,and certain facilities on the Propert y to ensure that such elements of the Property are well maintained and preserved for the benefit of the community; and WHEREAS, the City and GCC have determined that certain administrative efficiencies for the Community Center can be achieved through mutual cooperation; and WHEREAS, in recognition of the evolving role and activities of the Community Center as well as the importance of the Community Center to the City, its residents, and to the broader community in the Lake Forest-Lake Bluff area, GCC and the City desire to fully define their respective roles and responsibilities to each other and with respect to the Property, including the terms and conditions for the development, use, operation, and management of the Property; NOW, THEREFORE, in consideration of the foregoing recitals and the mutual covenants and agreements set forth below and other good and valuable consideration, the sufficiency of which the parties hereto acknowledge, the parties hereby agree as follows: Section 1.Recitals. The foregoing recitals are material to this Agreement and are incorporated herein as if fully set forth in this Section 1. Section 2.Prior Agreements Superseded. This Agreement supersedes and replaces all prior agreements between the City and the GCC, or its predecessor or related entities, including without limitation the following: (i) Operating Agreement for the Property, dated ______________,December 30, 2003,(ii) Agreement Relating to the Gorton Property, dated______________________,December 30, 2003,(iii) the Agreement Relating to the Payment of Fees Between The City o f Lake Forest and the Gorton Community C enter Corporation dated __________________,March 31, 2009,(iv) the Initial Services Agreement dated _______________,November 17, 1984,and (v) the Lease, dated___________________ (the "Prior Agreements"). Upon execution of this Agreement, the terms of the Prior Agreements are rendered null and void. Section 3.Operating Rights and Responsibilities. The City hereby grants, authorizes, and appoints the GCC, and the GCC hereby accepts such grant, authorization, and appointment from the City, all operating, use, occupancy, maintenance, and management rights and responsibilities not reserved to the City hereunder (collectively, “Operate” or “Operation”) relating to the Property and all structures and improvements located thereon, on the terms and 39 35/2515/13 DraftVersion 3 conditions set forth herein. Notwithstanding the grant of authority and responsibility for the Property to the GCC, the City retains certain rights and responsibilities relating to the Property, as more fully set forth in this Agreement. Section 4.Term and Charges. A.Initial Term. The GCC shall Operate the Property for an initial term of thirty-three (33) years, which shall expire on ________________, unless sooner terminated as hereinafter provided. The term of this Agreement shall automatically renew for two additional terms of thirty-three (33) years, except as provided in Section 4.B of this Agreement. The initial term and any renewal terms shall be collectively known as the “Term.” B.Renegotiation of Agreement. Not less than 360 days before the scheduled expiration of a Term of this Agreement, either party may notify the other of its desire to terminate or amend the provisions of this Agreement (a "Pre-Termination Notice"). Upon delivery of such Pre-Termination Notice, the parties shall engage in good faith discussions to reach an accord regarding any modified terms of this Agreement; provided, however, that upon the expiration of such 360-day period (or such longer period as the parties may mutually agree in writing), if no accord has been reached regarding the modification of the provisions of the Agreement, the Agreement shall be deemed terminated. C.Other Charges and Fees. The GCC shall pay such other fees and charges as may b e provided in this Agreement. Section 5.Operation of the Property. A.GCC’s Use of the Property. During the term of this Agreement, the GCC shall Operate the Propert y as a Community Center and uses consistent with GCC's historic use of the Property since 1972 as a Community Center, subject to the terms and conditions of this Agreement. I n connection with the Community C enter Operation, space upon the Property may b e used and occupied for: (i)community service, charitable, and other similar purposes that serve the Lake Forest and Lake Bluff communities; (ii)cultural, recreational, and educational activities for the enjoym ent and benefit of Lake Forest and Lake Bluff residents of all ages; (iii)facilities in support of community activities, services, and other not-for-profit groups and organizations affiliated with the Lake Forest and Lake Bluff communities; (iv)GCC’s office functions, activities, and programs; (v)the Drop-In Center; and (vi)such other uses that the City may otherwise approve. 40 35/2515/13 DraftVersion 4 During the term of this Agreement, the GCC shall continue to Operate the Drop-In Center and to obtain and maintain all required licenses and certifications therefor, unless the City otherwise consents in writing. B.GCC's Development of the Property. The GCC may, without cost of expense to the City, construct additional buildings and structures on the Property, provided that (i) the City grants its prior written approval of such construction as owner of the Property, (ii) the GCC shall apply for and obtain all necessary permits and approvals from applicable federal, state, and local agencies and governmental bodies, including amendments to both the special use permit and this Agreement, and (iii) the use of any such building or structure shall be consistent with the current uses on the Property. Nothing in this Agreement shall preclude the GCC from requesting the City to waive fees or charges that may be due in connection with obtaining licenses, permits, or other required approvals from the City. C.Terms for Third Part y Use. During the term of this Agreement, the GCC may impose charges on users and others occupying the Property, and the GCC shall be entitled to keep all proceeds from such user charges. As a condition for any third parties to host events on, or to enter an agreement for longer term use of,the Property or a portion thereof, the GCC shall require such third party (a "Third Party User") to sign a written agreement, which agreement shall provide, inter alia, that (i) the Third Party User shall release and hold harmless the City and its boards, committees, commissions, officers, officials, employees, agents, attorneys, and representatives (the "City Representatives") from and against any suits, actions, lawsuits, injuries, damages, losses, liens, costs, expenses (including any attorneys' fees), judgments, or other claims of any sort of nature (the "Claims") relating to or arising from its use or occupancy o f the Property, (ii) the Third Party User's rights to use the Property are subject to the City's rights under and terms of this Agreement. Guests of Third Party Users, need not sign such waivers, but GCC will indemnify t he City against any Claims of Third Party Users or their Guests, under Section 12.A. of this Agreement, and GCC shall make reasonable efforts to identify i tself or the Third Party User as the host, organizer, or manager of such event. D.Reservation of Use Rights. During the Term of this Agreement, the City shall have the right to use or occupy p ortions of the Property f or purposes that the City may d etermine to be in the public interest and reasonably compatible with the concurrent use of the Property by the GCC. The City's use and occupancy rights shall be as follows: (i)to occupy s uch portions of the Property that are otherwise available for use by other persons; (ii)upon not less 365 days notice, to occupy any portions of the Property (not exceeding 1,500 square feet of net rentable space) that are not otherwise subject to an exclusive lease or license to specified portions of the Property; and (iii)in the event of force majeure events affecting the utility of City facilities, the City shall have the right to occupy any portion of the Property not otherwise subject to an exclusive lease or license to specified portions of the Property 41 35/2515/13 DraftVersion 5 In connection with its use of any portion of the Property, the City agrees to pay the GCC the same charges that the GCC charges to other users or occupants of the Property, unless the City and the GCC otherwise agree; such use charges shall be subject to annual review by t he City i n connection with its review and approval of the GCC budget. Section 6.Conditions of Use. The GCC shall, at its sole cost and expense, obtain and abide by any governmental approval that may be required in connection with the use of the Property for the GCC’s intended use, including, without limitation, any zoning, building, or other code requirements of The City of Lake Forest. To the extent that the special use permit for the Property requires an amendment as a result of this Agreement, the parties shall cooperate to seek and obtain any such amendment. Section 7.Undisturbed Operation. Subject to the other terms and provisions of this Agreement, the City agrees that upon performance by the GCC of all terms, covenants, and conditions of this Agreement applicable to the GCC, the GCC shall enjoy all rights to Operate the Property provided in this Agreement, as well as the other rights and privileges granted for the Term, without hindrance or interference by the City. Section 8.Utilities. From the date of execution of this Agreement and continuing throughout the Term, the GCC shall be responsible for obtaining any utility services for the Property that it desires and paying all charges for such utility services used or consumed on the Property. The City agrees to cooperate with the GCC and any utility company requesting utility easements over, under, and across the Property in order to provide utility service to the Property. In the event that the GCC does not timely pay any charge for utility services when due, the City shall have the right, but not the obligation, to pay such charges, and the amount of such charges and any interest or penalties assessed upon delinquent charges (plus the full amount of any expenses, including attorneys' fees, incurred by the City in recovering any paid utility charges, penalties, or interest from the GCC) shall be deemed other charges due from the GCC under this Agreement. Notwithstanding the foregoing, to the extent applicable, GCC as operator of the Building shall enjoy the service benefits available to the Building pursuant to any franchise agreement between the City and any public utility; provided, however, that such service benefits shall not include or be deemed to include an y f ranchise fees or other payments received by o r made to the City. Section 9.Access; Inspections. In addition to such access as is reasonably necessary and convenient for the City's use of the Property p ursuant to Section 5 of this Agreement,the City and its agents shall have the right to enter the Property for the purpose of examining and inspecting any part of the Property upon reasonable advance notice to GCC if the City deems it necessary or desirable to determine compliance with this Agreement; provided, however, that notice to the GCC shall not be required in the event of a bona fide emergency; provided further, however, that the City and the GCC shall cooperate to the extent feasible in scheduling inspections so as to minimize disruption in the use and occupancy of the Property. Section 10.Finances. A.In General. The GCC's Operation of the Property is dependent on the sound financial footing of the GCC so that the Property is properly maintained and is utilized for the 42 35/2515/13 DraftVersion 6 benefit of the Lake Forest and Lake Bluff communities as more specifically set forth in Section 5 of this Agreement. Accordingly, the City has an overriding interest in assuring that the GCC's budget and programming, as well as the GCC's overall fiscal health, are acceptable to the City. At the same time, the City, as owner of the Property, has certain ongoing obligations with respect to the periodic replacement of the major capital elements of the Property and its improvements, subject to the City's determinations respecting its overall budgetary and property management planning. B.Reports. The GCC shall submit to the City, on an annual basis, (i) an audited financial statement undertaken in accordance with generally accepted accounting principles of the GCC’s most recently completed fiscal year, (ii) a status report on fundraising receipts for the benefit of GCC, and (iii) a report or reports regarding the GCC’s maintenance, operation, and repair activities on the Property (including the amounts expended on such activities). C.Budget Review and Approval. 1.Amendment to GCC’s By-Laws. As soon as practical after the signing of this Agreement, the GCC agrees to amend its by-laws (the "GCC By-Laws") to provide that the City s hall have the right to appoint the greater of five or one third of the GCC board of directors then holding office (“GCC Board”), shall be(which members appointed by the City (shall hereinafter be referred to as the "City GCC Board Members"). The City GCC Board Members shall serve two-year terms, which terms may be renewed in the discretion of the City Council. The GCC By-Laws shall also be amended to provide for a sub-committee, known as the “Finance and Operations Sub-Committee,” which shall be comprised of the City GCC Board Members, the GCC Chairperson, and the GCC Treasurer. The GCC By-Laws shall further provide that: (a) the Finance and Operations Sub-Committee shall perform all duties and responsibilities currently performed by the City's Gorton Community Center Commission; (b) the City GCC Board Members shall be full voting members of the GCC Board; (c) the chairman of the Finance and Operations Sub-Committee shall be a member of the GCC Executive Committee; and (d) the City Manager shall be a non-voting participant of the GCC Board. The GCC shall submit the foregoing amendment of the GCC By-Laws to the City Manager for review and written approval, and,following such approval, the GCC shall not further amend the GCC By-Laws in any way that alters, directly or indirectly, the amendments set forth in this Section 10.C.1. 2.Gorton Commission. Following the adoption of the amendments to the GCC By-Laws as set forth in Section 10.C.1 of this Agreement, the City shall promptly take action to dissolve the City's Gorton Community Center Commission and to appoint the City GCC Board Members. The initial City GCC Board Members may have a term of less than two years for purposes of establishing an appointment date that coincides with the term of the Mayor of the City. 3.Annual Budget. a.On an annual basis, the Finance and Operations Sub-Committee and the GCC Executive Director (who shall report to the GCC Board) shall submit 43 35/2515/13 DraftVersion 7 to the City for review and approval, the GCC's annual budget and plans for the use of and programming at the Property (the "Annual Budget and Plan"). The Annual Budget and Plan shall set forth, inter alia, fees and charges for the use and occupancy of the Property, as well as projected additional revenues and expenditures, and identification of specific programs and occupants (to the extent know) of various spaces within the Property. The Annual Budget and Plan shall also include at least the "Minimum Annual GCC Maintenance Investment" (as hereinafter defined). b.In connection with the City's review of the Annual Budget and Plan, the Parties shall review the capital needs of the Building, capital budgets of GCC and the City, the maintenance contracts of the GCC, as well as any adjustments that may be appropriate to the "Listing of Infrastructure Replacement Responsibilities" (as hereinafter defined). Nothing in this Section 10 precludes the GCC from seeking contributions from the City for any significant Building infrastructure costs that the GCC has incurred or anticipates incurring as part of the Annual Budget and Plan process.The Finance and Operations Sub-Committee shall from time-to-time establish guidelines for the GCC regarding the contents of such Annual Budget and Plan, including a timetable for its submission to and review by the City, which guidelines shall be subject to the approval of the City Manager. c.Following such review (which may include interim comments with suggested revisions to the Annual Budget and Plan),the City shall submit its recommendation for approval, approval with modification, or rejection of the Annual Budget and Plan to the full City Council. The City Council shall have the right to approve, approve subject to modifications, or reject the Annual Budget and Plan. d.The GCC shall only be authorized to use and occupy the Property in accordance with an approved Annual Budget and Plan. In the event that the City Council does not approve an Annual Budget and Plan as presented by the GCC, the GCC shall only be authorized to Operate and occupy the Property in accordance with the Annual Budget and Plan last approved by the City Council [subject to rate adjustments not exceeding the change in the Consumer Price Index as defined in 35 ILCS 200/18-185 (the "CPI") since the Effective Date of this Agreement]. e.The Finance and Operations Sub-Committee shall from time-to-time establish guidelines for the GCC regarding the contents of such Annual Budget and Plan, including a timetable for its submission to and review by the City, which guidelines shall be subject to the approval of the City Manager. D.Upkeep, Maintenance, Repair,and Replacement. 1.GCC’s Responsibilities. 44 35/2515/13 DraftVersion 8 a.Except as provided in Section 10.D.2 of this Agreement, or except as limited in Section 10.D.1.b, the GCC shall have the responsibility, at its sole cost and expense, for the upkeep, maintenance, repair, renewal, insurance, and replacement of the interior areas of the Building and any accessory buildings and structures on the Property and the improvements thereon in a safe, sanitary, and sound condition in order that such Property may continue to be used for the purposes set forth in this Agreement and the character of such Property may be preserved during the term of this Agreement. The GCC’s responsibilities shall include, without limitation, the following: a.Upkeep, maintenance, repair, and replacement of the heating, electrical, and plumbing in the Building and any accessory buildings and structures on the Property.b.With respect to the upkeep, maintenance, repair, and replacement of the HVAC, elevator, electrical, plumbing, and fire suppression and alarm systems in the Building and any accessory buildings and structures on the Property (collectively, the "GCC Maintenance Obligations"),GCC shall be required to include in its Annual Budget and Plan at least $25,000.00 per year (exclusive of Ordinary M aintenance),which amount shall be reviewed and adjusted during every even-numbered anniversary year of this Agreement by mutual agreement of the Parties; provided that, if the Parties cannot mutually agree to an adjusted amount, then the annual amount shall be adjusted to reflect the change in the CPI since the Effective Date of this Agreement (the "Minimum Annual GCC Maintenance Investment"). To the extent GCC does not expend the Minimum Annual GCC Maintenance Investment to satisfy the GCC Maintenance Obligations in any fiscal year, such remaining amount of the Minimum Annual GCC Maintenance Investment shall be placed in a separate account (the "GCC Maintenance Reserve"), which GCC Maintenance Fund (plus any interest earned thereon) shall be used only for satisfying GCC Maintenance Obligations.If, in any year, the cost of the GCC Maintenance Obligations exceeds the Minimum Annual GCC Maintenance Investment (or such greater amount that may be included in the Annual Budget and Plan), then GCC shall use such moneys that are available in the GCC Maintenance Reserve to undertake any necessary GCC Maintenance Obligations. b.Upkeep, maintenance, repair, and replacement of the interior areas of the Building and any accessory buildings and structures on the Property. To the extent the GCC undertakes repair work on the Property for which the City receives proceeds under an applicable insurance policy or similar coverage, the City shall reimburse the GCC for its actual repair costs, but in no event more than the insurance proceeds that the City has actually received. Any such reimbursement amounts shall be deposited in the GCC Maintenance Reserve. Notwithstanding the GCC's obligations pursuant to this Section 10.D.1, the GCC shall not be required to undertake any "Major Repairs" with respect to the Building 45 35/2515/13 DraftVersion 9 or any accessory buildings or structures on the Property. For purposes of this Section 10.D.1, a "Major Repair" shall be any single repair or common set of repairs costing in excess of $10,000.00 (which amount shall be subject to adjustment every five years based on the change to the CPI since the last prior adjustment), provided that: (i)a Major Repair shall not include multiple repairs of unrelated elements of the Building or an accessory building or structure; and (ii) no repair resulting from neglected maintenance shall qualify as a Major Repair. GCC Maintenance Obligations in excess of the amounts set forth in the Annual Budget and Plan (which shall not be less than the Minimum Annual GCC Maintenance Investment) and amounts available in the GCC Maintenance Reserve. 2.City’s Responsibilities. Notwithstanding the obligations of the GCC as set forth in this Agreement, the City shall retain responsibility for general outside maintenance and upkeep of the Property and the Building. Upkeep of the Property shall include without limitation maintaining, repairing, and replacing driveways, sidewalks, curbs and gutters, drains, parking areas, and fences, including, but not limited to, maintenance of the grassy areas, landscaping, brush, leaf, and snow removal, and spring and fall cleanup. Upkeep of the exterior of the Building shall include without limitation maintaining, repairing, and replacing the roof, gutters, windows, window frames, storm windows, trim, exterior doors, other exterior structural elements, water lines, and sewers, and repair and repainting of exterior surfaces. The City's maintenance and upkeep of the exterior of the Building and the aforementioned exterior elements of the Property shall be performed in a manner equivalent to the City's maintenance and upkeep of other public grounds. In addition, the City shall retain responsibility for the repair and replacement of the items set forth on Exhibit B hereto, which is incorporated into this Amendment by referenceAgreement by reference (the "Listing of Infrastructure Replacement Responsibilities"). Further, to the extent that GCC is unable to perform the GCC Maintenance Obligations due to unavailability of moneys as set forth in the last paragraph of Section 10.D.1 of this Agreement, the City may also undertake any necessary upkeep, maintenance, repair, and replacement that would otherwise be included in the GCC Maintenance Obligations. The City's obligation to perform the responsibilities set forth in this Section 10.D.2 shall be subject to the City Council authorizing sufficient funds for performing such responsibilities in the Council's sole and absolute discretion, and the failure or refusal of the City Council to so authorize sufficient funds shall not be a breach of any obligation of the City under this Agreement, even if such failure or refusal requires the GCC to modify i ts use, occupancy, or programming relating to the Property. E.Remedies. In the event that the City determines that the GCC has failed to satisfactorily perform its duties to upkeep, maintain, repair, or replace the Property and BuildingGCC Maintenance Obligations as required byunder Section 10.D.1 of this Agreement, the City shall have the optionright, but not the obligation, (a) to perform suchany necessary upkeep, maintenance, repair, or replacement itself and to be reimbursed for such upkeep, maintenance, repair, or replacement work by the GCC upon invoice therefor, which reimbursement amount (plus the full amount of any expenses, including attorneys' fees, incurred by the City in recovering 46 35/2515/13 DraftVersion 10 such reimbursement amount from the GCC) shall be deemed an otheranother charge under this Agreement or (b) to terminate this Agreement, subject to the cure provisions contained in Section 17.A.1 of this Agreement. F.GCC Fundraising; Naming Rights. The Parties acknowledge and agree that part of the activities of the GCC with respect to its Operation of the Property will involve fundraising efforts through private and other contributions. To this end, the Parties also acknowledge that offering naming rights with respect to the Property is a potentially viable means to enhance such fundraising. The City agrees that the GCC may enter into agreements or other arrangements with respect to potential contributors to confer naming rights upon such contributors, subject to the following terms and limitations: 1.The GCC shall not agree to rename the Property or the Building from its current name of "Gorton Community C enter" without the approval of the City p ursuant to a resolution duly adopted by the City Council. 2.TheExcept as provided in Section 10.F.3, the GCC shall not confer naming rights for a period of time extending beyond the then-current Term of this Agreement without the approval of the City pursuant to a resolution duly adopted by the City Council. 3.The GCC shall not confer naming rights upon a corporate donor or honoree without the approval of the City pursuant to a resolution duly adopted by the City Council. In each instance where City Council approval of naming rights is required, the City Council's determinations with respect to naming rights shall be in its sole legislative discretion based on the City Council's determination of the best interests of the City and its residents. Any deliberations by the City Council regarding naming rights under this Subsection 10.F shall take place in executive session, to the extent permitted by law; any City Council approval of naming rights as required in this Agreement shall be through the approval of an agreement between the City and GCC in substantially the form attached hereto as Exhibit C (a "Naming Rights Agreement"). In connection with an y request for naming rights, the GCC shall provide to the City such information regarding the naming rights and donation as the City may reasonably request; provided that, for any request for approval of naming rights involving a donation in excess of $1,000,000.00 (which amount shall b e adjusted every t en years to reflect changes in the CPI)(the "Threshold Amount"), the GCC shall certify to the City that the donation exceeds the Threshold Amount, but GCC shall not be required to disclose the specific amount of the donation. Nothing shall prevent the GCC from granting naming rights for any portion of the Property without City approval so long as such grant is not inconsistent with the terms of this Section 10.F, and provided that such grant of naming rights is subject to terms allowing termination resulting from illegal or immoral acts of the grantee. The City waives all rights to any donations or contributions made in connection with the granting of any naming rights that comport with the terms of this Subsection 10.F. Any Naming Rights Agreement between the City and the GCC entered pursuant to this Subsection 10.F shall be independent of this Agreement, notwithstanding termination of this Agreement. 47 35/2515/13 DraftVersion 11 Section 11.Additions and Major Structural Changes; Rebuilding in the Event of Fire or Other Casualty. A.Improvements to Property. Subject to the parties' responsibilities under Section 10 of this Agreement, any addition, remodeling, new construction, or major structural changes to the Property or any building or structure thereon shall be permitted only if: (i) such addition, remodeling, new construction, or change shall not adversely affect the parties' ability to use the Property for its intended purposes (exclusive of disruption due to construction); (ii) such addition, remodeling, new construction, or change shall conform to the terms of this Agreement and applicable building codes; (iii) such addition, remodeling, new construction, or change shall be undertaken at no cost to the City unless the City proposes the addition, remodeling, new construction, or major structural changes, and either the City agrees to pay for such work or the parties otherwise agree to an allocation of the cost of such addition, remodeling, new construction, or change. B.Damage otherOther than Material Damage. In the event that the Building is damaged by fire, storm, or other casualty (with the exception of "material damage” as defined in Section 11.D) the repair, rebuilding, replacement, or restoration of the damaged property shall be completed by the GCC or the City, depending on the nature of the damage and the party responsible in accordance with Section 1010.D of this Agreement, and subject to the limitations in Section 10.D of this Agreement. In the event that damage affects portions of the Property for which each of the parties are responsible, then the City shall have primary responsibility for undertaking the repair, rebuilding, replacement, or restoration work required; provided that such work shall be undertaken in cooperation and consultation with the GCC; and provided further that the GCC shall be financially responsible to the City for the costs incurred as a result of damages within its area of responsibility as set forth in and subject to the limitations of Section 10.AD.1. Any repair, rebuilding, replacement, or restoration of the damaged property shall be undertaken in a manner consistent with the design, character, and quality of the improvements to be restored. The proceeds of any insuranceNotwithstanding anything to the contrary i n this Section 11.B, to the extent that insurance proceeds are available covering said damage (including, without limitation, the insurance obtained by the City or the GCC pursuant to Section 13 hereof), such insurance proceeds shall be first applied to the costs of such repair, rebuilding, restoration, or replacement before the financial obligations of either party as set forth in this Section 11.B shall be triggered; provided further that, to the extent that a deductible amount must be satisfied in order to access insurance proceeds, the City shall have no obligation to pay such deductible amount unless such expenditure is approved by resolution of the City Council. With respect to ongoing conditions of seepage and mold, the parties acknowledge that this affects each of their areas of responsibility a nd shall work cooperatively to address such conditions. C.Material Damage. In the event that the Building is damaged by fire, storm, or other casualty and such damage is "material damage" as defined in Section 11.D, the damaged property shall be rebuilt, repaired, restored, or replaced only if, within 365 days after such damage has been determined to be "material damage" as provided in Section 11.D (or such longer period as the Parties may mutually agree in writing), the City and the GCC agree on: (i) the nature, design, character, manner, and cost of the work necessary to rebuild, repair, restore, or replace the damaged portion of the Building in a manner so as to be consistent with the existing building, and 48 35/2515/13 DraftVersion 12 (ii) the application of insurance proceeds to the costs of such rebuilding, repair, restoration, and replacement and the allocation of any costs thereof which exceed such insurance proceeds. If the City and the GCC cannot so agree within 365 days, the City shall have the right to terminate this Agreement and to assume full control and rights to occupy the Property and the Building. D.Definition of Material Damage. For purposes of Subsections 11.B and 11.C, "material damage" shall be deemed to exist if the Building is damaged to the extent of 50% or more of its value as determined on a replacement cost basis. If the City and the GCC cannot agree as to the existence or non-existence of "material damage" within 30 days of the time the damage occurred, the City shall select an independent consultant qualified in such matters to assess the damage, and such consultant's determination shall be final and binding upon the parties. Damage to any accessory building or structure on the Property shall not be deemed to be "material damage." Section 12.Indemnification. A.By GCC. The GCC shall indemnify, save harmless, and defend the City and the City Representatives from and against an y and all claims that may arise, or be alleged to have arisen, out of or in connection with (i) the GCC’s Operation of or on the Property; (ii) any act or omission of the GCC whether or not due or claimed to be due in whole or in part to the active, passive, or concurrent negligence or fault of the GCC, except to the extent caused by the sole negligence of the City; or (iii) any b reach of this Agreement by t he GCC. The GCC shall not cause any liens to be placed on the Property w ithout the express prior written consent of the City. S hould any lien be placed on the Property as a result of the actions or inactions of the GCC, the City shall have the right, but not the obligation, to discharge such lien in order to prevent either an imminent foreclosure on the lien or an imminent judicial sale of the Property, and the full amount paid in discharging such lien (plus full amount of any expenses, including attorneys' fees, incurred by the City i n recovering the paid lien amount from GCC) shall be deemed an other charge upon the GCC under this Agreement. B.By the City. The City shall indemnify, save harmless, and defend the GCC, its boards, committees, commissions, officers, agents, and employees, against any and all lawsuits, claims, demands, liens, damages, liabilities, losses, and expenses, including attorneys’ fees and administrative expenses, that may arise, or be alleged to have arisen, as a direct result of any default under this Agreement by the City. Section 13.Insurance. A.The GCC shall obtain, maintain, and continue in effect throughout the term of this Agreement at least the following policies of insurance or equivalent coverages issued by a company with at least an “A” rating from the most recently published Alfred M. Best and Company Guide and authorized to do business in the State of Illinois or an intergovernmental self-insurance pool authorized by t he State of Illinois (such as the Intergovernmental Risk Management Agency): 1.General comprehensive liability insurance, insuring the GCC against liability for personal and bodily injury, death, or damage to property arising out of the Operation of the Property by the GCC. Such insurance shall 49 35/2515/13 DraftVersion 13 provide coverage with policy limits of not less than $2 million in the event of bodily i njury o r death to one or more persons and in an amount of not less than $2 million for property damage. 2.If applicable, automobile liability insurance, on an “any auto” basis, with a combined single limit for personal injury and property d amage not less than $1 million. 3.Workers’ compensation insurance, with such limits as are required by law. 4.Employer’s liability insurance, with limits not less than $500,000 per person-injury and $1 million per occurrence. 5. Such insurance as may be required in connection with the licensure of the Drop-In Center. The foregoing policy limits shall be reviewed every fifth anniversary of this Agreement, and the City may require the GCC to increase the minimum policy amounts; provided, however, that no such increase in the minimum policy amounts shall exceed the increase in the "Consumer Price Index" as defined in 35 ILCS 200/18-185 (2002). Unless the City and the GCC otherwise agree and so long as it is commercially reasonable, such policies shall have a maximum per occurrence deductible of $1,000.00. To the extent feasible, the GCC shall have the City identified as an "additional insured" (or equivalent) in connection with the foregoing coverages. T he City r eserves the right to receive, review, and approve an y insurance policy that the GCC obtains. Any such policy s hall provide that the policy m ay not be cancelled or changed without the GCC and the City receiving notice of such impending cancellation or change at least 30 days in advance of the effective date of such cancellation or change. Nothing in this Agreement shall preclude the GCC from obtaining other insurance, including insurance for personal articles or other improvements, fixtures, and furnishings of the GCC on the Property; such other policies shall not be subject to the terms and requirements set forth for other policies in this section. B.Subject to the availability of insurance on commercially reasonable terms, the City shall maintain, at its sole cost and expense during the term of this Agreement, "all risk" property insurance for the Property in an amount reasonably equivalent to the estimated replacement value of the buildings, structures,and related improvements on the Propert y (including the Building). C.Upon request of the other party, the City or the GCC shall promptly provide the other part y with copies of insurance policies or coverage documents that are required under this Section 13. Section 14.Eminent Domain. In the event that all or substantially all of the Property shall be taken by any governmental agency or utility that has the power of eminent domain, then the GCC shall have the right to terminate this Agreement within 60 days thereafter. Each party shall have the right to maintain its own respective action against the condemning authority for its respective damages and neither part y s hall have any i nterest in any award granted to the other. T he City agrees not to exercise its right of eminent domain with respect to the Property. Section 15.Environmental Compliance. 50 35/2515/13 DraftVersion 14 A.The GCC shall, at the GCC’s sole cost and expense, comply with all environmental laws pertaining to the GCC’s Operations on the Property, including the following (collectively referred to as the “Environmental Laws”): 1.Any applicable federal, state, or local statute, law, ordinance, rule, regulation, code, license, permit, authorization, approval, consent, order, judgment, decree, injunction, directive, requirement by, of, or agreement with any governmental agency, existing as of this Agreement's execution date and as enacted or amended thereafter, relating to: a.the protection, preservation, or restoration of the environment (including, without limitation, air, water, vapor, surface water, ground water, drinking water supply, surface land, subsurface land, plant and animal life, or any other natural resource), or to human health and safety; or b.the exposure to, or the use, storage, recycling, treatment, generation, transportation, processing, handling, labeling, production, release, or disposal of, hazardous substances. 2.The Environmental La ws also includes, without limitation, any common law or equitable doctrine (including, without limitation, injunctive relief and tort doctrines such as negligence, nuisance, trespass, and strict liability) that may impose liability or obligations for injuries or damages related or incidental to, or threatened as a result of, the presence of or exposure to any hazardous substance and the following statutes and implementing regulations: a.the Clean Air Act, as amended (42 U.S.C. § 7401 et seq.); b.the Water Pollution Control Act, as amended (33 U.S.C. § 1251 et seq.); c.the Resource Conservation and Recovery Act, as amended (42 U.S.C. § 6901 et seq.); d. the Comprehensive Environmental Response, Compensation and Liability Act, as amended (42 U.S.C. § 9601 et seq.); e.the Toxic Substances Control Act, as amended (15 U.S.C. § 2601 et seq.); and f.the Occupational Safety and Health Act, as amended (29 U.S.C. § 651 et seq.). B.Except as is customary for ordinary cleaning and maintenance, the GCC shall not cause or permit any hazardous substance to be brought, kept, stored, or used in or about the 51 35/2515/13 DraftVersion 15 Property i n violation of any of the Environmental Laws. “Hazardous substance” includes, without limitation, any explosive or radioactive material, asbestos, asbestos containing material, urea formaldeh yde foam insulation, polychlorinated biphenyls, special waste, or petroleum products or any derivative or by-product thereof, methane, toxic waste, pollutant, contaminant, hazardous waste, toxic or hazardous substances, or related materials, as defined in the Environmental Laws. C.If the GCC causes or permits any hazardous substance to be brought, kept, stored, or used in or about the Property in violation of any of the Environmental Laws and such violation results in the contamination of the Property, the GCC shall indemnify, save harmless, and defend the City and the City Representatives against any and all lawsuits, claims, demands, damages, liabilities, losses, and expenses, including attorneys’ fees and administrative expenses (collectively, "Claims"), that may arise, or be alleged to have arisen, out of or in connection with the GCC’s acts or omissions in connection with such hazardous substance whether or not due or claimed to be due in whole or in part to the active, passive, or concurrent negligence or fault of the GCC, except to the extent caused by the sole negligence of the City. D.The GCC represents, covenants, and warrants that the GCC’s Operations in, on, or under the Property shall be in compliance with all applicable Environmental Laws. E.Nothing in this Agreement shall require either party to assume any responsibility for any violation of Environmental Law caused by the act or omission of the other party. F.In t he event that the GCC is subject to Claims arising from alleged non-compliance with any applicable Environmental Laws that relate solely to the Property and is unrelated to any action or inaction of the GCC (or any of its predecessors, whether incorporated or unincorporated) and its operationsOperations on the Property, the City shall indemnify, save harmless, and defend the GCC and its board members, directors, officers, officials, employees, agents, attorneys, and representatives against all such Claims. Section 16.Assignment. The GCC may n ot assign or otherwise transfer all or any part of its interest in this Agreement or in the Property without the prior written consent of the City. Any assignment or transfer without such written consent shall, at the City's option, be deemed to be void and of no force or effect. Notwithstanding any assignment or transfer, the GCC shall remain fully liable on this Agreement and shall not be released from performing any of the terms, covenants, or conditions of this Agreement. Section 17. Default and Other Disputes. A.GCC Default: 1.The GCC shall be in default of this Agreement if the GCC (i) breaches any covenant or condition of this Agreement and fails to cure such default within 30 days after notice from the City specifying the default complained of (provided that if such default is not reasonably susceptible of cure within said 30 day period and if the GCC is diligently and continuously pursuing such cure to completion, then such cure period shall be extended for such period of time as is reasonably necessary to complete the curative activities),or (ii) abandons the Property. 52 35/2515/13 DraftVersion 16 2.In t he event of a default as described above, the City shall have the right, at its option, in addition to and not exclusive of any other remedy the City may have in law or equity with only such further demand or notice as may be required by applicable law, to re-enter the Property and eject all persons therefrom, and declare this Agreement at an end. 3.In the event of a default as described above, no re-entry and taking of possession of the Property by the City shall be construed as an election on the City’s part to terminate this Agreement, regardless of the extent of renovations and alterations by the City, unless a written notice of such intention is given to the GCC by the City. Notwithstanding any re-entry and taking of possession of the Building and Property without termination, the City may at any time thereafter elect to terminate this Agreement for such previous breach. B.City Default. The City s hall be in default of this Agreement if the City shall breach any of its covenants contained in this Agreement and does not cure such other default within 30 days after notice from the GCC specifying the default complained of (provided that if such default is not reasonably susceptible of cure within said 30 day period and if the City is diligently and continuously pursuing such cure to completion then such cure period shall be extended for such period of time as is reasonably necessary to complete the curative activities). The parties agree that the City shall not be in default for any failure or refusal to budget or expend funds for the upkeep, maintenance, repair, or replacement of the Property (including failure or refusal to address matters set forth in the Listing of Infrastructure Replacement Responsibilities). C.Other Disputes. In addition to matters that may constitute a breach or default under this Agreement, the parties shall attempt to resolve all other disputes arising under this Agreement amicably between themselves. Section 18.Force Majeure. Except as otherwise expressly set forth herein, in the event that either party hereto shall be delayed or hindered in, or prevented from, the performance of any act required hereunder by reason of strikes, lock-outs, labor troubles, inability to procure materials, failure of power, restrictive laws or regulations of governmental agencies, riots, insurrection, war, or other reasons of a like nature not the fault of the party delayed in doing acts required under the terms, covenants, and conditions of this Agreement (all of such reasons or causes referred to in this Agreement as “Force Majeure”), then performance of such acts shall be excused for the period of the delay and the period of the performance of any such act shall be extended for a period equivalent to the period of such delay. Section 19.Termination; Surrender of Property. A.Terminating Events. This Agreement shall terminate upon the occurrence of any one or more of the following events: 1.The GCC and the City mutually agree to terminate this Agreement. 2.Upon the expiration of any applicable cure period following a default of either of the parties pursuant to this Agreement. 53 35/2515/13 DraftVersion 17 3.The expiration of the initial Term (or any additional Term as authorized pursuant to Section 4.A of this Agreement), subject to the termination provisions in Section 4.B. 4.The following changes to the organizational structure of the GCC: (a) dissolution of the GCC, whether voluntary o r involuntary; (b) merger of the GCC into, or acquisition of the GCC by, another organization; (c) the disposition of all or a substantial portion of the assets and properties of the GCC; or (d) such a substantial change in the purposes or functions of the GCC that it no longer Operates or is no longer able to Operate as a community center serving the residents of the City and the Village of Lake Bluff, unless (i) the organization succeeding to or acquiring the GCC or acquiring its assets and properties shall be capable of carrying on the activities of the GCC and shall agree to assume the GCC's obligations and responsibilities under this Agreement and (ii) the City shall consent to the substitution of such organization as a party to this Agreement in lieu of the GCC. 5.In the event that the Building suffers "material damage" (as defined in Section 11.D of this Agreement) and, within a period of 365 days from the date that the existence of such "material damage" has been determined, the City and the GCC fail to come to an agreement upon an acceptable program for the rebuilding, repair, or restoration of the Gorton Building. 6.In t he event that the Building or a substantial portion thereof ceases to be fit for the intended purposes of this Agreement or otherwise not fit for habitation or occupancy i n accordance with the codes and regulations of the City. B.City’s Use of the Property Upon Termination. Upon termination of this Agreement, the GCC shall cease Operations and deliver possession of the Property t o the City, and all improvements or additions to the Property, if any, made to the Property by the GCC shall become the property of the City without compensation therefor. The City may, then, at its option (i) occupy, operate, and manage the Property or any portion thereof; (ii) lease or license the Property or an y portion thereof to other persons or organizations; (iii) sell or dispose of the Property or any portion thereof; or (iv) make such other use of the Property as the City deems appropriate. U pon surrender of the Property, the GCC shall return the Property and Building to the City is reasonably good repair consistent with the maintenance obligations under this Agreement, including removal and restoration of all portions of the Property or Building affected by any naming rights granted by the GCC and not subject to a Naming Rights Agreement. Section 20.Administrative Services and Other Agreements. A.Provision of Administrative Services. The City will make available to the GCC certain administrative services as may be agreed upon from time-to-time by the City Manager. Any such agreement for services shall onl y be authorized if such services will be without additional cost to the City, or if the GCC reimburses the City for any such additional costs. Any 54 35/2515/13 DraftVersion 18 such agreement for services that the City Manager may approve shall be subject to the City's ability t o perform all authorized City a ctivities, and such agreements shall be terminable at the will of the City o r the GCC upon no less than 90 days' written notice; provided that the City s hall not so terminate any such agreement unless the City Manager determines that the City's performance under any such agreement will inhibit or interfere with the City's ability to perform its own authorized activities. In n o event shall the City b e required to employ a dditional personnel in order to provide any services to the GCC in accordance with this Agreement. B.Liquor Licensing. The Parties acknowledge that, in conjunction with the programming for and use of the Property, the GCC (either for itself or its occupants) may from time-to-time desire to make available alcoholic beverages. The Parties hereby agree to execute and deliver to each other duplicate originals of the "Reciprocal Fee Agreement" attached hereto as Exhibit D. Section 21.Taxes;Exemption. A.Exemption. The parties mutually acknowledge (i) their belief that the Property is entitled to a real estate tax exemption, and (ii) their mutual obligation to seek, obtain, and maintain the Property’s tax exempt status. B.Payment Rights and Obligations. The GCC shall pay, promptly and before they become delinquent, all general and special real estate taxes assessed during the Term of this Agreement, if any, upon or against the land and improvements comprising the Property to the extent that such taxes are imposed upon the Property as a result of the use, occupancy, or Operation of the Property by the GCC or any of its Third Party Users. In the event that the GCC does not timely pay any real estate taxes when due, the City shall have the right, but not the obligation, to pay such taxes, and the amount of such taxes and any interest or penalties assessed upon any past-due taxes (plus the full amount of any expenses, including attorneys' fees, incurred by t he City in recovering any taxes, interest, or penalties paid from GCC) shall be deemed an other charge due from the GCC under this Agreement. C.Failure to Obtain Exemption. Failure to obtain or delay in obtaining a real estate tax exemption as provided above shall not constitute a breach of this Agreement. D.Other Taxes.In a ddition to real estate taxes, GCC shall pay a ny and all other taxes arising from its use and operationOperation of the Property. Section 22.Additional Properties and Donations. A.Additional Properties. With the consent of the City and the GCC, additional properties donated or leased to the City or otherwise acquired by the City may become subject to the terms of this Agreement. B.Donations. The City shall not actively solicit donations relating to the Property. If offered, however, donations may be accepted by the City and transferred to the GCC for use in the preservation, improvement, or restoration of the Property or any portion thereof or for any other purpose that is compatible with the operationOperation of the Property, under such conditions and 55 35/2515/13 DraftVersion 19 limitations as the donor may specify; provided, however, that to the extent any donation delivered expressly for the purpose of preserving, improving, restoring, or maintaining the exterior of the Building or portions of the Property other than the Building, the City shall keep all such donations in a separate fund to be expended solely for the purposes specified. The City agrees to notify the GCC promptly of any such donations so received. Section 23.General. A.Notices. Any notice or other communication required or permitted to be given under this Agreement shall be in writing and shall be (a) personally delivered, (b) delivered by a reputable overnight courier, or (c) delivered by certified mail, return receipt requested, and deposited in the U.S. Mail, postage prepaid. Telecopy notices shall be deemed valid only to the extent they are (i) actually received by the individual to whom addressed and (ii) followed by delivery in the manner described in either (a), (b), or (c) above within three business days thereafter. Unless otherwise expressly provided in this Agreement, notices shall be deemed received at the earlier (x) of actual receipt, or (y) one business day after deposit with an overnight courier as evidenced by a r eceipt of deposit or (z) three business days following deposit in the U.S. mail, as evidenced by a return receipt. Notices shall be directed to the parties at their respective addresses set forth below or at such other address as either party may, from time-to-time, specify by written notice to the other in the manner described above: City:GCC: The City of Lake Forest Gorton Community Center 220 E. Deerpath 400 East Illinois Road Lake Forest, Illinois Lake Forest, IL 60045 Attention: City Manager Attention: Executive Director B.Binding Effect. The benefits of this Agreement shall inure to and the obligations hereof shall be binding upon the heirs, personal representatives, successors, and assigns of the respective parties hereto. C.Time of the Essence. Time is of the essence in the performance of all terms, covenants, and conditions of this Agreement. D.Rights Cumulative. Unless expressly provided to the contrary in this Agreement, each and every one of the rights, remedies, and benefits provided by this Agreement shall be cumulative and shall not be exclusive of any other such rights, remedies, and benefits allowed by law. E.Non-Waiver. The failure of the City or the GCC to enforce against the other any term, covenant, or condition of this Agreement shall not be deemed a waiver thereof, nor void or affect the right of the aggrieved party to enforce the same term, covenant, or condition on the occasion of any subsequent breach or default; nor shall the failure of either party to exercise any option in this Agreement upon any o ccasion arising therefor be deemed or construed to be a waiver of the right to exercise that same kind of option upon any subsequent occasion. 56 35/2515/13 DraftVersion 20 F.No Joint Venture. The parties mutually acknowledge and agree that, although, the City and the GCC are separate and independent legal entities, each responsible for their own affairs and obligations (including without limitation all matters of contract, finance, employment, and governance), they are pursuant to this Agreement engaged in a common endeavor relating to public business concerning the operation of a community center on municipal property for public benefit and that their activities and responsibilities in this regard are intended to be closely enmeshed and coordinated through the terms of this Agreement. It is hereby further understood and agreed that nothing contained in this Agreement shall be deemed or construed as creating the relationship of principal and agent, partnership, or joint venture between the parties hereto, it being agreed that no provision herein contained nor any acts of the parties herein shall be deemed to create any relationship between the parties hereto other than the relationship of contracting parties as herein set forth. G.Consents. W henever the consent or approval of either party i s required herein, such consent or approval shall be in writing and shall not be unreasonably withheld or delayed, and, in all matters contained herein, both parties shall have an implied obligation of reasonableness, except as may be expressly set forth otherwise. H.Warranties Regarding Execution. 1.In order to induce the GCC to enter into this Agreement, the City hereby warrants and represents to the GCC as follows: a.The City has the authority and legal right to make, deliver, and perform this Agreement and has taken all necessary actions to authorize the execution, delivery, and performance of this Agreement; and b.The execution, delivery, and performance of this Agreement (i) is not prohibited by any requirement of law under an y contractual obligation of the City; (ii) will not result in a breach or default under any agreement to which the City is a party or to which the City is bound; and (iii) will not violate any restrictions, court order, or agreement to which the City is subject; and c.The party executing this Agreement on behalf of the City h as full authority to bind the City to the obligations set forth herein. 2.In order to induce the City to enter into this Agreement, the GCC hereby warrants and represents to the City as follows: a.The GCC has the authority and legal right to make, deliver, and perform this Agreement and has taken all necessary actions to authorize the execution, delivery, and performance of this Agreement; and 57 35/2515/13 DraftVersion 21 b.the execution, delivery, and performance of this Agreement (i) is not prohibited by any requirement of law under an y contractual obligation of the GCC; (ii) will not result in a breach or default under any a greement to which the GCC is a party or to which the GCC is bound; and (iii) will not violate any r estrictions, court order, or agreement to which the GCC is subject; and c.The party executing this Agreement on behalf of the GCC has full authority to bind the GCC to the obligations set forth herein. I.Governing Law. This Agreement shall be governed by, construed, and enforced in accordance with the internal laws, but not the conflict of laws rules, of the State of Illinois. J.Severability. If any term, covenant, or condition of this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remainder of the provisions hereof shall remain in full force and effect and shall in no way be affected, impaired, or invalidated thereb y. In addition, to the extent any i nvalidity i s the result of a procedural deficiency that can be readil y cured, the parties agree to take such curative actions as may be necessary or appropriate. K.Grammatical Usage and Construction. In construing this Agreement, feminine or neuter pronouns shall be substituted for those masculine in form and vice versa, and plural terms shall be substituted for singular and singular for plural in any place in which the context so requires. L.Interpretation. This Agreement shall be construed without regard to the identity of the party who drafted the various provisions hereof. Moreover, each and every provision of this Agreement shall be construed as though all parties hereto participated equally in the drafting and approval thereof. As a result of the foregoing, any rule or construction that a document is to be construed against the drafting party shall not be applicable hereto. M.Headings. The table of contents, heading, titles, and captions in this Agreement have been inserted only for convenience and in no way define, limit, extend, or describe the scope or intent of this Agreement. N.Exhibits. Exhibits A through D attached hereto are, by this reference, incorporated in and made a part of this Agreement. In the event of a conflict between an exhibit and the text of this Agreement, the text of this Agreement shall control. O.Amendments and Modifications. This Agreement may not be modified or amended except by written instrument executed by each of the parties hereto. P.Counterpart Execution. This Agreement may be executed in several counterparts, each of which, when executed, shall be deemed to be an original, but all of which together shall constitute one and the same instrument. 58 35/2515/13 DraftVersion 22 [END OF TEXT; SIGNATURES CONTINUE ON THE FOLLOWING PAGE] 59 35/2515/13 DraftVersion 23 IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date first above written. GORTON COMMUNITY CENTER, an Illinois not-for-profit corporation ATTEST:By _________________________________ ___________________________Its _________________________________ THE CITY OF LAKE FOREST, a municipal corporation ATTEST: By ________________________________ Mayor ________________________________ City Clerk # 673351_v10 #12067193_v9 60 35/2515/13 DraftVersion B EXHIBIT A Legal Description of the Property 61 35/2515/13 DraftVersion B EXHIBIT B Listing of Interior Health, Safety, and Environmental Infrastructure MaintenanceReplacement Responsibilities List of HSEI Items City's Area of Responsibility Gorton's Area of Responsibility HVAC Units & Controls End of Life Cycle Capital Replacement Costing $10,000 or Greater All Preventative Maintenance, Service & Repairs less than $10,000 Elevator Cab, Hydlcs & Controls End of Life Cycle Capital Replacement Costing $10,000 or Greater All Preventative Maintenance, Service & Repairs less than $10,000 Plumbing Single Capital Repair Costing $10,000 or Greater All Preventative Maintenance, Service , Repairs & Capital Replacements less than $10,000 Electrical System / Lighting Single Capital Repair Costing $10,000 or Greater All Preventative Maintenance, Service , Repairs & Capital Replacements less than $10,000 Fire Suppression Systems & Fire Alarm System End of Life Cycle Capital Replacement Costing $10,000 or Greater All Preventative Maintenance, Service & Repairs less than $10,000 Fire Department Mandates No Interior Responsibility All Preventative Maintenance, Service , Repairs & Capital Replacement Rekeying Entire Building (108 doors)One-time Capital Replacement All Preventative Maintenance, Service , Repairs & Future Capital Replacement Keyless Access System for Exterior Doors None All Preventative Maintenance, Service , Repairs & Capital Replacement Security Camera System One-time Capital Improvement All Preventative Maintenance, Service , Repairs & Future Capital Replacement Windows -Interior Storm Inserts None All Preventative Maintenance, Service , Repairs & Capital Replacement Communications / Internet Connectivity None All Preventative Maintenance, Service , Repairs & Capital Replacement 62 35/2515/13 DraftVersion B EXHIBIT C Naming Rights Agreement THIS NAMING RIGHTS AGREEMENT is made as of the _______ day of _________, 2___, by, between, and among THE CITY OF LAKE FOREST, an Illinois municipal corporation (the "City"), and the GORTON COMMUNITY CENTER, an Illinois not-for-profit corporation (the "GCC"); 1.RECITALS. A.The City and the GCC have previously entered into that certain "Restated Agreement Relating to the Gorton Property," dated ______________, 2013 (the "Gorton Agreement"), which relates to the "Property" and "Building" as defined in the Gorton Agreement. B.Pursuant to Section 10.F of the Gorton Agreement, the GCC has the authority to confer naming rights for specified periods of time relating to the Property and Building (or portions thereof) that are the subject of the Gorton Agreement, or otherwise to confer naming rights onl y upon approval of the City Council of the City. C.The GCC has made a request to the City for authority to confer naming rights to the portion of the Property or Buildings as more particularly described in Exhibit 1 to this Agreement (the "Naming Rights Request"). D.The City and the GCC have both determined that granting the Naming Rights Request will benefit the Lake Forest-Lake Bluff communities through the continuation or enhancement of the facilities on, and/opportunities made available at, the Property. 2.GRANT OF NAMING RIGHTS AUTHORITY. The City hereby grants to GCC the authority to confer naming rights with respect to the Naming Rights Request, subject to the following terms: A.The authority relating to the Naming Rights Request shall continue until _____________________ (the "Termination Date"). B.The GCC shall ensure that any physical alteration to the Property o r the Building in connection with the Naming Rights Request shall be done in a workmanlike manner and shall cause no structural or other material or irreversible damage to the Property or the Building and shall create no hazardous conditions. C.Prior to any installation with respect to the Naming Rights Request, the GCC shall deliver to the City photographic or other documentation reasonably requested by the City to establish the conditions of the area of the Property or Building affected by the Naming Rights Request (the "Pre-Existing Condition"). The GCC shall cause the Property and Building to be restored to the Pre-Existing Condition 63 35/2515/13 DraftVersion B following the Termination Date. In addition, the GCC shall provide the City with such security as may be set forth in Exhibit 2 to this Agreement to ensure the successful restoration of the Property and Building to the Pre-Existing Condition. D.The Naming Rights Request shall be subject to such additional conditions as are set forth in Exhibit 2 to this Agreement. 3.Breach; Enforcement; Remedies. A.Breach of Conditions by the GCC. In the event that the GCC breaches any condition of this Agreement, the GCC shall have 30 days to cure such breach after notice from the City specifying the default complained of (provided that if such default is not reasonably susceptible of cure within said 30-day period and if the GCC is diligently and continuously pursuing such cure to completion, then such cure period shall be extended for such period of time as is reasonably necessary to complete the curative activities). In the event that the GCC shall fail to cure such breach, the City may in its sole discretion either: 1.Enter upon the Property or into the Building to undertake curative measures, after which the GCC shall reimburse the City for such costs of cure within 30 days after receipt of invoice therefor. In the event that such reimbursement payment is not timely m ade, the GCC shall pay t he City i nterest on such amount at a rate of 1% per month, and the City may pursue any actions for collection of the reimbursement amount, any interest due, plus all costs of collection relating thereto (including reasonable attorneys fees). 2.Terminate this Agreement and remove all vestiges of the Naming Rights Request and otherwise restore the Property and Building to the Pre-Existing Condition. In so restoring the Pre-Existing Condition, the City shall recover any costs incurred by applying any security it has received from or on behalf of the GCC. To the extent that such security is insufficient to reimburse the City for such costs, the City may pursue any remedy available at law or in equity to collect any outstanding amount of the restoration costs, plus all costs of collection relating thereto (including reasonable attorneys fees). B.Breach by the City. In the event that the City breaches any condition of this Agreement, the City shall have 30 days to cure such breach after notice from the GCC specifying the default complained of (provided that if such default is not reasonably susceptible of cure within said 30-day period and if the GCCCity is diligently and continuously pursuing such cure to completion, then such cure period shall be extended for such period of time as is reasonably necessary to complete the curative activities). If the City does not cure such breach in a timely manner, the GCC shall may pursue any remedy available at law or in equity to effect such cure, including an action for specific performance; provided that in no case shall the GCC be entitled to monetary d amages against the City o r an y o f its elected or appointed officials, officers, employess, agents, attorneys, or representatives. 64 35/2515/13 DraftVersion B 4.General. Section 23 of the Gorton AgrfeementAgreement is hereby incorporated into and made a part of this Agreement, except that the reference to Exhibits in Section 23.N of the Gorton Agreement shall herein refer to Exhibits 1 and 2. [END OF TEXT; SIGNATURES CONTINUE ON THE FOLLOWING PAGE] 65 35/2515/13 DraftVersion B IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date first above written. GORTON COMMUNITY CENTER, an Illinois not-for-profit corporation ATTEST:By _________________________________ ___________________________Its _________________________________ THE CITY OF LAKE FOREST, a municipal corporation ATTEST: By ________________________________ Mayor ________________________________ City Clerk 66 35/2515/13 DraftVersion B EXHIBIT 1 Naming Rights Request 67 35/2515/13 DraftVersion B EXHIBIT 2 Conditions [Morals Clause providing for termination resulting from illegal or immoral acts of the grantee of the naming rights] 68 35/2515/13 DraftVersion B EXHIBIT D Reciprocal Fee Agreement 69 35/2515/13 DraftVersion B AGREEMENT RELATING TO THE PAYMENT OF FEES BETWEEN THE CITY OF LAKE FOREST AND THE GORTON COMMUNITY CENTER CORPORATION THIS AGREEMENT is made as of the ________ day of ________, 2013, by, between, and among THE CITY OF LAKE FOREST, an Illinois home rule and special charter municipal corporation (the “City”), and the GORTON COMMUNITY CENTER, an Illinois not-for-profit corporation (the “GCC”), which parties, in consideration of the mutual covenants herein set forth and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, do hereby agree as follows: Section 1. Recitals. a.In 2013, the City and GCC entered into "A Restated Agreement Relating to the Gorton Property" (the "Restated Agreement"), which agreement establishes the parties' respective roles and responsibilities to each other and with respect to the real property and improvements located at 400 East Illinois Road in Lake Forest, Illinois (the "Property"), including terms and conditions for the development, use, occupancy, operation, and management of the Property. b.The Restated Agreement sets forth the fees that the City m ust pay t o GCC to use the facilities, as well as the fees that GCC must pay to the City for various licenses, permits, or approvals. c.Section 20.B of the Restated Agreement authorizes both the City and GCC to agree on alternate fee arrangements. d.In furtherance of the terms of the Restated Agreement, the City and GCC desire to agree on a payment arrangement, whereby the City waives all applicable fees (raffle licenses and special event permit fees, including dumpster delivery/pickup charges, for events at the Gorton 70 35/2515/13 DraftVersion B Community C enter, The Friends of Gorton and the Parents Board of the Gorton Children's Drop-In Center) or charges associated with obtaining licenses, permits, or other required approvals from the City, including the fee charged for an F-5 liquor license, in exchange for modifications to the user fee charges in connection with the Property and other consideration. Section 2.Fee Waivers; Use of the Property; Polling Place Availability. a.Waive Liquor License Fees. Pursuant to Section 20.B of the Restated Agreement, the City agrees to waive all fees and charges that may be due in connection with GCC's obtaining licenses, permits, or other required approvals from the City, including an F-5 liquor license. Nothing in this Agreement waives the requirement that GCC must otherwise satisfy the qualifications for obtaining an F-5 liquor license. b.The GCC's Agreement to Allow City U se of the Property. P ursuant to Section 20.B of the Restated Agreement, GCC agrees that the City may use space in the Property, including one weekday use of the Auditorium, but the first twenty-five (25) daily use charges in any calendar year shall be waived. Thereafter, the City will be charged the lowest available daily use rate extended to not-for-profit entities for any uses exceeding twenty-five (25). c.Priority Use of the Property. The City and GCC agree that scheduling of space shall be on as "as available" basis, meaning the space has not been previously rented by another party. In the event a revenue opportunity arises for space reserved by the City, both parties agree to work together to re-schedule space, time, or date for their mutual benefit. In the event of a scheduling conflict for use of space within the Property between the City and a third party that involves a publicly announced meeting (e.g., Ward meeting), the City will receive priority for its requested usage of the Property. Section 3.Restated Agreement Not Amended. 71 35/2515/13 DraftVersion B No provisions contained herein in any way alter or modify the Restated Agreement or the Restated Agreement between the City and the GCC. Section 4.Amendment. This Agreement may only be amended in writing signed by both parties. [Signature page to follow.] 72 35/2515/13 DraftVersion B IN WITNESS THEREOF, the parties hereto have executed this Agreement as of the day and year first above written. ATTEST:THE CITY OF LAKE FOREST ____________________ ____________________________________ Deputy City Clerk City Manager ATTEST/WITNESS:GORTON COMMUNITY CENTER CORPORATION ____________________By: ____________________________________ Its: ____________________________________ 73 Document comparison by Workshare Professional on Wednesday, May 15, 2013 2:11:53 PM Input: Document 1 ID interwovenSite://HKDMS/Active/12067193/5 Description #12067193v5<Active> -LF-Combined Gorton Agreement Document 2 ID interwovenSite://HKDMS/Active/12067193/10 Description #12067193v10<Active> -LF-Combined Gorton Agreement Rendering set standard Legend: Insertion Deletion Moved from Moved to Style change Format change Moved deletion Inserted cell Deleted cell Moved cell Split/Merged cell Padding cell Statistics: Count Insertions 92 Deletions 67 Moved from 2 Moved to 2 Style change 0 Format changed 0 Total changes 163 74 THE CITY OF LAKE FOREST RESOLUTION NO. 2013-R-___ RESOLUTION AUTHORIZING ACTIONS RELATING TO THE TRANSFER OF SENIOR COTTAGES WHEREAS, the City of Lake Forest (the "City") had previously transferred to the Lake Forest Senior Cottage Foundation (the "Foundation") certain property commonly known as 1178-1188 West Conway Road, which property is legally described in Exhibit A attached hereto and, by this reference, made a part of this Resolution (the "Subject Property"); and WHEREAS, prior to transferring the Subject Property, the City Council had approved Ordinance No. 01-20 (the “Ordinance”), being a special use permit to allow the development of five rental units on the Subject Property for seniors who meet standards for affordable housing (the "Senior Cottage Development"), subject to certain specified conditions, including a declaration of covenants setting forth the terms of the Ordinance; and WHEREAS, in the deed transferring the Subject Property to the Foundation, the City retained a reversionary interest in the Subject Property in the event it was no longer used as a Senior Cottage Development in accordance with the Ordinance (the "Deed Restriction"); and WHEREAS, the Foundation now seeks to transfer the Subject Property (the "Proposed Transfer") to Community Partners for Affordable Housing (“CPAH”), a not-for-profit organization specializing in developing and managing affordable housing developments like the Senior Cottage Development on the Subject Property; and WHEREAS, CPAH intends to continue using the Subject Property in accordance with the Ordinance following the Proposed Transfer; and WHEREAS, as a condition of the Proposed Transfer, CPAH has requested that the City release its reversionary interests under the Deed Restriction; and WHEREAS, the Proposed Transfer is also dependent on certain financial contributions from Presbyterian Homes; and 75 WHEREAS, Presbyterian Homes had previously received a special use permit from the City relating to the development of Lake Forest Place (the "LF Place SUP"), which was conditioned in part on Presbyterian Homes contributing funds and/or services in support of affordable housing within Lake Forest (the "SUP Contributions"); and WHEREAS, Presbyterian Homes is desirous of participating financially in the Proposed Transfer (the "Transfer Participation") on the condition that the City acknowledges that the Transfer Participation fully satisfies the SUP Contributions; and WHEREAS, the extent of the Transfer Participation will relate to financial contributions to effect the actual closing of the Proposed Transfer, as well as specified ongoing rent subsidies for affordable units within the City; and WHEREAS, the Mayor and City Council of the City have determined that the Proposed Transfer (including the release of the Deed Restriction and the Transfer Participation) are in the best interest of the City and its residents; NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF LAKE FOREST, LAKE COUNTY, ILLINOIS, AS FOLLOWS: SECTION ONE: RECITALS. The foregoing recitals are incorporated in and made a part of this Resolution by this reference as findings of the City Council of the City. SECTION TWO: APPROVALS AND AUTHORIZATIONS. The Mayor and City Council hereby express their support for the proposed transfer and, in furtherance of such support, hereby authorize the City Manager to: A. Release of Deed Restriction. Execute all necessary and appropriate documents to release the Deed Restriction on behalf of the City (the "Release"); and B. Acknowledgement of Satisfaction of SUP Contributions. Execute all necessary and appropriate documents to establish the scope and extent of the Transfer Participation and to acknowledge that, as a result of the Transfer Participation, Presbyterian Homes has satisfied the SUP Contributions as required under the LF Place SUP (the "Acknowledgement"); 76 provided that the City Manager shall not execute the Release or the Acknowledgement except in connection with the closing of the Proposed Transfer, and only pursuant to documents approved by the City Attorney. SECTION THREE: EFFECTIVE DATE. This Resolution shall be in full force and effect from and after its passage and approval in the manner provided by law. PASSED THIS ____ DAY OF MAY, 2013. AYES: NAYS: ABSENT: PASSED THIS ____ DAY OF MAY, 2013. ___________________________________ Mayor ATTEST: ____________________________________ City Clerk 77 EXHIBIT A Legal Description of the Property BEING A SUBDIVISION OF PART OF THE SOUTH HALF OF THE SOUTHEAST QUARTER OF SECTION 6, TOWNSHIP 43, NORTH, RANGE 12 EAST OF THE THIRD PRINCIPAL MERIDIAN, LAKE COUNTY, ILLINOIS. Commonly known as 1180-1188 West Conway Road, Lake Forest, IL 60045 78 THE CITY OF LAKE FOREST RESOLUTION NO. 2013-R-___ RESOLUTION DECLARING A SURPLUS OF, AUTHORIZING THE SALE OF, AND ESTABLISHING COVENANTS RELATED TO CERTAIN CITY-OWNED REAL ESTATE WHEREAS, on December 18, 1998, a deed was recorded in the Lake County Recorder’s Office transferring ownership of three parcels, Lots 22, 23 and 24 in the Wedgewood Subdivision, all as legally described in Exhibit A (collectively, the "Subject Property") from Surety Enterprises, L.L.C., the developer of the Wedgewood Subdivision, to The City of Lake Forest (the "City"). WHEREAS, the Subject Property is currently zoned in the R-4, Single Family Residence District of the City and is vacant and unimproved; and WHEREAS, the City has determined that it would be beneficial to encumber Lots 23 and 24 of the Subject Property with certain restrictive covenants attached hereto as Exhibits B and C (the "Covenants"), which Covenants shall ensure that a buffer remains between the intended residential use of the Subject Property and the commercial uses immediately south of the Subject Property; and WHEREAS, the City does not contemplate any public use of the Subject Property; and WHEREAS, the City has obtained written appraisals of the Subject Property prepared by a certified real estate appraiser (the “Appraisals”); and WHEREAS, the City Council has reviewed the Appraisals and has determined that the amounts identified in the Appraisals (the "Appraised Values") are a fair price for each of the lots comprising the Subject Property; and WHEREAS, the City has previously received multiple inquiries from potential purchasers of the Subject Property; and 79 WHEREAS, the City also recognizes that there are numerous qualified real estate agents that may be engaged to assist with the sale of the Subject Property if their services are determined to be necessary; and WHEREAS, subject to the terms and conditions set forth herein, the Mayor and City Council hereby authorize the sale of the Subject Property as surplus real property at a price equal to, or greater than, the Appraised Values, unless otherwise approved by the City Council, which sale the City Council has determined is in the best of the City and its residents; NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF LAKE FOREST, LAKE COUNTY, ILLINOIS, AS FOLLOWS: SECTION ONE: Recitals. The foregoing recitals are incorporated in and made a part of this Resolution by this reference as findings of the City Council. SECTION TWO: Declaration of Surplus Property. The Mayor and City Council of the City hereby determine that the Subject Property is and shall no longer be necessary, appropriate, required for the use of, profitable to, or in the best interests of the City, except for purposes of sale and use in accordance with the terms of this Resolution. SECTION THREE: Availability of Appraisal. The Appraisals are available for inspection in the Office of the City Manager of the City, at 220 E. Deerpath Lake Forest, Illinois 60045 (the “Manager’s Office”). SECTION FOUR: Terms for Sale. The Mayor and City Council authorize and direct the City Manager to conduct a sale of all or part of the Subject Property subject to the following terms and conditions: A. Purchase Price. The purchase price for each lot comprising the Subject Property shall not be less than the Appraised Value for that lot. B. Terms and Provisions. The sale of the Subject Property shall be pursuant to a purchase contract in a form reasonably acceptable to the City Manager in consultation with the City Attorney (the “Purchase Contract”), which Purchase Contract shall be made available for inspection at the Manager's Office prior to the "Offer Deadline Date" as hereinafter defined. The Purchase Contract shall provide for a conveyance of the Subject Property by quitclaim deed. The City 80 Council, upon recommendation of the City Manager, may consider any offer notwithstanding its variances from the Purchase Contract or any such terms and provisions developed by the City Manager. C. Use of Property. The Subject Property shall be used only in conformity with the requirements of the City Code. D. Method of Sale. The City Manager shall conduct the sale of the Subject Property in such manner as the City Manager deems to be most advantageous to the City, and may market the Subject Property directly to prospective purchasers for 45 days after which he shall consider selling the Subject Property by auction or listing it with a real estate agent for a commission of not to exceed five percent (5%) of the sale price. Should the City Manager engage a real estate agent to dispose of the Subject Property, he shall establish an administrative policy to fairly and equitably choose a local real estate agent from the many qualified candidates. The process for choosing an agent should be established to allow qualified agents in the City equitable opportunities to represent the City in this and future transactions. E. Time for Offers; Time of the Essence. The City Manager shall accept offers to purchase the Subject Property until ________, 2013, or such earlier time as the City Manager has received a satisfactory offer for all or any portion of the Subject Property (the "Offer Deadline Date"). Following the Offer Deadline Date, the City Manager shall present to the City Council any offer or offers conforming generally to the standards and conditions set forth in this Resolution. The City Manager may extend the Offer Deadline Date for up to 30 days without authorization of the City Council. F. Acceptance of Offer. Notwithstanding the provisions in Section 4.E of this Resolution, the City Manager has the authority to accept any offer at or exceeding the Appraised Value for any portion of the Subject Property without further approval of the City Council. SECTION FIVE: RESTRICTIVE COVENANTS. The Mayor and City Council hereby approve the Covenants for Lots 23 and 24 of the Subject Property and authorize and direct the City Clerk to record the Covenants against Lots 23 and 24 of the Subject Property in the office of the Lake County Recorder of Deeds. SECTION SIX: EFFECTIVE DATE. This Resolution shall be in full force and effect from and after its passage and approval in the manner provided by law. PASSED THIS ____ DAY OF MAY, 2013. AYES: 81 NAYS: ABSENT: PASSED THIS ____ DAY OF MAY, 2013. ___________________________________ Mayor ATTEST: ____________________________________ City Clerk 82 EXHIBIT A Legal Description of the Subject Property LOTS 22, 23, AND 24 IN BLOCK 1 OF THE WEDGEWOOD SUBDIVISION, BEING A SUBDIVISION OF PART OF THE SOUTHEAST QUARTER OF SECTION 12 AND OF THE NORTHEAST QUARTER OF SECTION 13, TOWNSHIP 43 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN AND OF GOVERNMENT LOT 2 OF THE NORTHWEST QUARTER OF SECTION 18, TOWNSHIP 43 NORTH, RANGE 12 EAST OF THE THIRD PRINCIPAL MERIDIAN ACCORDING TO THE PLAT THEREOF RECORDED NOVEMBER 20, 1979 AS DOCUMENT 2034877, IN LAKE COUNTY ILLINOIS. PINs 15-13-201-048 15-13-201-049 15-13-201-050 83 EXHIBIT B Restrict Covenant for Lot 23 84 EXHIBIT C Restrict Covenant for Lot 24 85 Prepared by and after Recording Return to: Victor P. Filippini, Jr. Holland & Knight LLP 131 S. Dearborn Street 30th Floor Chicago, Illinois 60603 STATE OF ILLINOIS ) ) SS COUNTY OF LAKE ) RESTRICTIVE COVENANT THE CITY OF LAKE FOREST, fee owner (including its successors and assigns, “Owner”) of the following described real property located in The City of Lake Forest, County of Lake, State of Illinois, being the owner of all that certain real estate designated and described as follows, LOT 23 IN BLOCK 1 OF THE WEDGEWOOD SUBDIVISION, BEING A SUBDIVISION OF PART OF THE SOUTHEAST QUARTER OF SECTION 12 AND OF THE NORTHEAST QUARTER OF SECTION 13, TOWNSHIP 43 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN AND OF GOVERNMENT LOT 2 OF THE NORTHWEST QUARTER OF SECTION 18, TOWNSHIP 43 NORTH, RANGE 12 EAST OF THE THIRD PRINCIPAL MERIDIAN ACCORDING TO THE PLAT THEREOF RECORDED NOVEMBER 20, 1979 AS DOCUMENT 2034877, IN LAKE COUNTY ILLINOIS. P.I.N. 15-13-201-049 (the "Property") agrees that a portion of said Property as designated below shall be subject to the following covenants: 1. Use Restriction. The Owner hereby establishes and imposes a restrictive covenant running with the land upon the use of the southernmost 50 feet of the Property, as depicted on Exhibit A, for the benefit of The City of Lake Forest, to be hereinafter referred to as the "Restricted Area". Such restrictive covenant is for the purpose of providing a buffer area between the commercial and other uses immediately south of the Property. Within the Restricted Area, no structure, as defined by The City of Lake Forest Zoning Code, may be placed, 86 erected, constructed, or permitted to remain, unless expressly authorized by resolution of the City Council. Owner also covenants that no trees may be removed from the Restricted Area, unless such trees are diseased or otherwise presenting a hazard and any such removal may only occur upon approval of the City Manager or the City Manager's designee, provided however that the Owner shall have the right, but no obligation, to plant new vegetation in the Restricted Area. 2. Term. This covenant is to run with the land and shall be binding on all parties and their successors and all persons claiming under them, and all public agencies, for a perpetual period from the date these covenants are recorded. If any of the rights, restrictions, agreements, or covenants created by this Restrictive Covenant would otherwise be unlawful or void for violation of (a) the rule against perpetuities or some analogous statutory provision, (b) the rule restricting restraints on alienation, or (c) any other statutory or common law rules imposing time limits, then such easements, rights, restrictions, agreements, or covenants shall continue only until 21 years after the death of the last survivor of any now living lawful descendants of any current or former President of the United States. 3. Enforcement. Enforcement shall be by proceedings at law or in equity against any person violating or threatening to violate any covenant either to restrain violation or to recover damages. Enforcement may (but need not) be undertaken by The City of Lake Forest, or any successor or assignee governmental unit, and the City (or is successor or assignee governmental unit) shall be entitled to recover its costs (including reasonable attorneys' fees) arising from its successful enforcement of this Restrictive Covenant. This instrument may be amended or released only by a written and recorded instrument signed by the then owner of the Property and The City of Lake Forest 4. Reference. This restrictive covenant shall be referenced on all deeds or other future instruments of conveyance for the Property. 5. No Third Party Beneficiaries. Nothing in this Agreement shall create, or be construed or interpreted to create, any third party beneficiary rights, except as expressly provided herein. [Signature page to follow] 87 In Witness Whereof THE CITY OF LAKE FOREST, the fee owner, has caused these presents to be signed and acknowledged, this _________ day of _____________, 2013. THE CITY OF LAKE FOREST By: City Manager STATE OF ILLINOIS ) ) SS COUNTY OF LAKE ) I, _____________________________________________, a notary public in the County and State set forth above, DO HEREBY CERTIFY that _______________________________, the __________________________ of THE CITY OF LAKE FOREST, appeared before me in person and acknowledged that he/she signed and delivered the above instrument as his/her free and voluntary act as the free and voluntary act of such school, for the uses and purposes therein set forth. Given under my hand and notarial seal this _____________ day of ______________, 2013. Notary Public 88 EXHIBIT A Restricted Area 89 Prepared by and after Recording Return to: Victor P. Filippini, Jr. Holland & Knight LLP 131 S. Dearborn Street 30th Floor Chicago, Illinois 60603 STATE OF ILLINOIS ) ) SS COUNTY OF LAKE ) RESTRICTIVE COVENANT THE CITY OF LAKE FOREST, fee owner (including its successors and assigns, “Owner”) of the following described real property located in The City of Lake Forest, County of Lake, State of Illinois, being the owner of all that certain real estate designated and described as follows, LOT 24 IN BLOCK 1 OF THE WEDGEWOOD SUBDIVISION, BEING A SUBDIVISION OF PART OF THE SOUTHEAST QUARTER OF SECTION 12 AND OF THE NORTHEAST QUARTER OF SECTION 13, TOWNSHIP 43 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN AND OF GOVERNMENT LOT 2 OF THE NORTHWEST QUARTER OF SECTION 18, TOWNSHIP 43 NORTH, RANGE 12 EAST OF THE THIRD PRINCIPAL MERIDIAN ACCORDING TO THE PLAT THEREOF RECORDED NOVEMBER 20, 1979 AS DOCUMENT 2034877, IN LAKE COUNTY ILLINOIS. P.I.N. 15-13-201-050 (the "Property") agrees that a portion of said Property as designated below shall be subject to the following covenants: 1. Use Restriction. The Owner hereby establishes and imposes a restrictive covenant running with the land upon the use of the southernmost 50 feet of the Property, as depicted on Exhibit A, for the benefit of The City of Lake Forest, to be hereinafter referred to as the "Restricted Area". Such restrictive covenant is for the purpose of providing a buffer area between the commercial and other uses immediately south of the Property. Within the Restricted Area, no structure, as defined by The City of Lake Forest Zoning Code, may be placed, 90 erected, constructed, or permitted to remain, unless expressly authorized by resolution of the City Council. Owner also covenants that no trees may be removed from the Restricted Area, unless such trees are diseased or otherwise presenting a hazard and any such removal may only occur upon approval of the City Manager or the City Manager's designee, provided however that the Owner shall have the right, but no obligation, to plant new vegetation in the Restricted Area. 2. Term. This covenant is to run with the land and shall be binding on all parties and their successors and all persons claiming under them, and all public agencies, for a perpetual period from the date these covenants are recorded. If any of the rights, restrictions, agreements, or covenants created by this Restrictive Covenant would otherwise be unlawful or void for violation of (a) the rule against perpetuities or some analogous statutory provision, (b) the rule restricting restraints on alienation, or (c) any other statutory or common law rules imposing time limits, then such easements, rights, restrictions, agreements, or covenants shall continue only until 21 years after the death of the last survivor of any now living lawful descendants of any current or former President of the United States. 3. Enforcement. Enforcement shall be by proceedings at law or in equity against any person violating or threatening to violate any covenant either to restrain violation or to recover damages. Enforcement may (but need not) be undertaken by The City of Lake Forest, or any successor or assignee governmental unit, and the City (or is successor or assignee governmental unit) shall be entitled to recover its costs (including reasonable attorneys' fees) arising from its successful enforcement of this Restrictive Covenant. This instrument may be amended or released only by a written and recorded instrument signed by the then owner of the Property and The City of Lake Forest 4. Reference. This restrictive covenant shall be referenced on all deeds or other future instruments of conveyance for the Property. 5. No Third Party Beneficiaries. Nothing in this Agreement shall create, or be construed or interpreted to create, any third party beneficiary rights, except as expressly provided herein. [Signature page to follow] 91 In Witness Whereof THE CITY OF LAKE FOREST, the fee owner, has caused these presents to be signed and acknowledged, this _________ day of _____________, 2013. THE CITY OF LAKE FOREST By: City Manager STATE OF ILLINOIS ) ) SS COUNTY OF LAKE ) I, _____________________________________________, a notary public in the County and State set forth above, DO HEREBY CERTIFY that _______________________________, the __________________________ of THE CITY OF LAKE FOREST, appeared before me in person and acknowledged that he/she signed and delivered the above instrument as his/her free and voluntary act as the free and voluntary act of such school, for the uses and purposes therein set forth. Given under my hand and notarial seal this _____________ day of ______________, 2013. Notary Public 92 EXHIBIT A Restricted Area 93 THE CITY OF LAKE FOREST RESOLUTION NO. 2013-R-___ RESOLUTION RELATING TO RIGHT OF FIRST REFUSAL (Northgate Building. Market Square) WHEREAS, by deed dated March 16, 1982 (the "Deed"), The City of Lake Forest (the "City") conveyed certain improved real property commonly known as the "Northgate Building" and legally described in Exhibit A attached hereto (the "Subject Property") to a land trust controlled by Broadacre Management Company (the "Grantee"); and WHEREAS, pursuant to the terms of the Deed, the City retained a right of first refusal to re-acquire the Subject Property in the event that Grantee received a bona fide offer to purchase all or part of the Subject Property (the "Re-Acquisition Right"); and WHEREAS, the Re-Acquisition Right must be exercised within 30 days after presentment of a bona fide offer, and the City must match the terms of the bona fide offer in order to perfect its Re-Acquisition Right; and WHEREAS, on May 1, 2013, the City was presented with a notice of a bona fide offer to purchase the Subject Property (the "Notice and Offer"); and WHEREAS, the Mayor and City Council have reviewed the Notice and Offer and have determined that the best interests of the City and its residents will be served by not exercising the City's Re-Acquisition Rights relating to the Subject Property; NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF LAKE FOREST, LAKE COUNTY, ILLINOIS, AS FOLLOWS: SECTION ONE: RECITALS. The foregoing recitals are incorporated in and made a part of this Resolution by this reference as findings of the City Council of the City. SECTION TWO: NON-EXERCISE OF RE-ACQUISITION RIGHT. The Mayor and City Council hereby determine that the City shall not exercise its Re-Acquisition Right under the Deed with respect to the Notice and Offer for the Subject Property. The City Manager shall cause an 94 2 appropriate notice to be sent to the Grantee or Grantee's representative regarding the determination of the City Council. SECTION THREE: EFFECTIVE DATE. This Resolution shall be in full force and effect from and after its passage and approval in the manner provided by law. PASSED THIS ____ DAY OF MAY, 2013. AYES: NAYS: ABSENT: PASSED THIS ____ DAY OF MAY, 2013. ___________________________________ Mayor ATTEST: ____________________________________ City Clerk 95 3 EXHIBIT A Legal Description of Subject Property THE WESTERLY 50 FEET OF LOTS 10, 11, 12, 13 AND 14 IN BLOCK 1 LYING BETW EEN PUBLIC STREETS CALLED "NORTH GATE" AND "SOUTH GATE" IN JAMES ANDERSON'S SUBDIVISION OF LOT 340 AND PART OF LOT 334 IN THE CITY OF LAKE FOREST, IN THE NORTHEAST 1/4 OF THE NORTHWEST 1/4 OF SECTION 33, TOWNSHIP 44 NORTH, RANGE 12, EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED MARCH 18, 1892 AS DOCUMENT 48827, IN BOOK "C" OF PLATS, PAGE 5, IN LAKE COUNTY, ILLINOIS. #22895903_v1 96 Document comparison by Workshare Professional on Thursday, May 16, 2013 11:57:29 AM Input: Document 1 ID interwovenSite://HKDMS/Active/23145370/1 Description #23145370v1<Active> -Resolution re: Market Square Right of First Refusal Document 2 ID interwovenSite://HKDMS/Active/23145370/2 Description #23145370v2<Active> -Resolution re: Market Square Right of First Refusal Rendering set standard Legend: Insertion Deletion Moved from Moved to Style change Format change Moved deletion Inserted cell Deleted cell Moved cell Split/Merged cell Padding cell Statistics: Count Insertions 1 Deletions 0 Moved from 0 Moved to 0 Style change 0 Format changed 0 Total changes 1 97 98 99 100 101 102 103 104 105 106 107 The City of Lake Forest CITY COUNCIL Proceedings of the May 6, 2013 Regular Meeting 7:30 p.m. – City Hall Council Chambers Bob Kiely, City Manager asked City Council for a motion to appoint Catherine Waldeck as acting Chair , Alderman Novit made a motion, seconded by Alderman Palmer, all in favor, motion carried unanimously. CALL TO ORDER AND ROLL CALL: Acting Chair Catherine Waldeck called the meeting to order at 7:40 p.m. Deputy City Clerk Margaret Boyer called the roll of Council members. Present: Alderman Novit, Alderman Waldeck, Alderman Pandaleon, Alderman Tack, Alderman Reisenberg, Alderman Palmer. Absent: Honorable Acting Mayor Schoenheider, Alderman Moore. Quorum present. Also present were: Robert Kiely, City Manager; Victor Filippini, City Attorney; Marlo DelPerico, City Attorney; Catherine Czerniak, Director of Community Development, Michael Thomas, Director of Public Works; Bob Ells, Engineering Supervisor; Mary VanArsdale, Director of Parks & Recreation; Chuck Myers; Superintendent of Parks and Forestry; Michael Thomas, Director of Public Works, Dan Martin, Superintendent of Public Works and Carina Walters, Assistant City Manager. There were approximately 45+ present in the audience. PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was recited by all in attendance. Reports of City Officers 1. Comments by Mayor Rudy De Ram, Director of the Deerpath Art League, gave a brief presentation about the Art League Emerging Artist Awards were then presented to the following; Deerpath Middle School: Anna Aquino 6th grade, Hope Alex 6th grade, Heart Woman- Superhero Team; Anna Aquino, Annie Burdiak, Maggie Mick and Lucy Rubenstein all 6th graders, and Evan Brown 7th grade. Lake Forest Country Day School: Annabel Kriger 2nd grade, and Emily Cullitan 8th grade. Lake Forest High School: Junior, Genna Crofts and Senior Heather Stark. Sheridan Elementary: TJ Marks kindergarten. Lake Bluff Middle School: Stephanie Read Everett Elementary: Alexander Wan 1st grade. Cherokee Elementary: James Pruett 1st grade. Acting Chair Waldeck congratulated all the winners and wished them luck in the future. 2. Comments by City Manager 1. Bob Kiely, City Manager, reported that he has been approached by Lake County Board Representative Mike Rummel in regards to the old Amour Bridge and the plan to make it a pedestrian and bicycle bridge at the Academy Woods subdivision. Mike Rummel is seeking 108 indication from City Council in regards to participating via matching funds from the City of Lake Forest in the amount of 50,0000. 2. Ward Meeting information Ward 3 Meeting at Elawa Farm Wednesday May 15 7-8:30pm Ward 1 Meeting at Gorton Center Thursday, May 23 7-8:30pm Ward 2 Meeting at Cherokee School Thursday, June 6 7-8:30pm Ward 4 Meeting at Dickinson Hall, Monday June 10 7-8:30pm 3. Comments by Council Members Finance Committee Report 1. Approval of the Comprehensive Fiscal Plan for FY2014 Finance Committee Chairman Pandaleon asked Finance Director Elizabeth Holleb, to give an overview of various components of the Comprehensive Fiscal Plan for FY2014 that have been reviewed at several public meetings over the past six months. The proposed expenditures for FY2014 total $82,658,013. The proposed plan is balanced with all operating expenditures covered from current revenues and capital expenditures funded from current revenues and reserves in excess of the City Council’s Fiscal Policy. Alderman Pandaleon made a motion to approve the Comprehensive Fiscal Plan for Fiscal Year 2014, seconded by Alderman Reisenberg. The following voted “Yea”: Aldermen Novit, Waldeck, Pandaleon, Tack, Reisenberg, Palmer and Adelman. The following voted “Nay”: None. 7 Yea’s 0 Nay, Motion carried. 2. Annual Vendor Approval Elizabeth Holleb, Finance Director, stated that on September 19, 2011, the City Council approved Code amendments revising the method for approving vendors. Consistent with the revised purchasing policy, payments for services provided on an unspecified ongoing basis exceeding $20,000 annually in aggregate are to be approved by the City Council as part of the budget process. The City Council will continue to approve any single purchase over $20,000 as established by the purchasing policy. Alderman Novit made a motion to approve the Annual Vendor List, seconded by Alderman Palmer. The following voted “Yea”: Aldermen Novit, Waldeck, Pandaleon, Tack, Reisenberg, Palmer and Adelman. The following voted “Nay”: None. 7 Yea’s 0 Nay, Motion carried. 3 Approval of FY2014 Personnel Policies, Practices and Official Pay Plan Human Resources Director Desha Kalmar gave a brief overview of modest changes to the Fiscal Year 2014 Personnel Policies, Practices and Official Pay Plan. Changes to the Plan include: 109 • Employment of Relatives. • Public Information, new section regarding confidentiality of information. • Probationary Period, Water Plant Operators assigned a 12-month probationary period. • Cell Phone Usage, added language about being hands-free Alderman Palmer made a motion to approve the FY2014 Personnel Policies, Practices and Official Pay Plan, seconded by Alderman Novit. The following voted “Yea”: Aldermen Novit, Waldeck, Pandaleon, Tack, Reisenberg, Palmer and Adelman. The following voted “Nay”: None. 7 Yea’s 0 Nay, Motion carried. OPPORTUNITY FOR CITIZENS TO ADDRESS THE CITY COUNCIL ON NON-AGENDA ITEMS Mr. Pasquesi of 103 N. Washington Road addressed the City Council regarding parking spots on corners in the CBD and the difficultly drivers have when trying to pull out or cross the street. Acting Chair Catherine Waldeck read the ITEMS FOR OMNIBUS VOTE CONSIDERATION. 1. Approval of the April 15, 2013 regular City Council minutes 2. Check Register For Period March 23 – April 26, 2013 3. Schedule of Regular Meetings of the City Council For Fiscal Year 2013-2014 4. Award of Contract for the Lake Forest portion of the 2013 Joint Concrete Pavement Patching Project. 5. Award of contract for Lake Forest portion of the 2013 Joint Annual Pavement Patching Contractual Program. 6. Award of Contract for the Lake Forest portion of the 2013 Joint Sewer Lining Project 7. Award of the Illinois Road Pedestrian Bridge Repair Project 8. Approval of Contract for Annual Mowing Services in Parks FY14 Budget 9. Consideration of an Ordinance Approving a Recommendation from the Building Review Board. (First Reading and if desired by the City Council, Final Approval) 10. Consideration of an Ordinance Approving Recommendations from the Zoning Board of Appeals. (First Reading and Final Approval) 11. Consideration of a Resolution in Support of the Ragdale Ring Project as a One Year Pilot Project. 12. Consideration of an Ordinance Amending Chapter 46, Sections 2 and 53.3 and the Use Matrix of the City Code to Permit a Farmers’ Market in the B-4, 110 Preservation Business District, Subject to Performance Standards as Recommended by the Plan Commission. (First reading, and if desired by the City Council, final approval) 13. Consideration of a Resolution Authorizing Component Work Related to the Rt. 60 Median Landscape Project Information such as Purpose and Action Requested, Background/Discussion, Budget/Fiscal Impact, Recommended Action and a Staff Contact as it relates to the Omnibus items can be found on the agenda. Alderman Pandaleon made to make a motion approving the thirteen Omnibus items with the following corrections; item 10 as two (2) separate Ordinances, Scribner’s error on the minutes and item 13 information Rt. 60 CPOA, seconded by Alderman Palmer. The following voted “Yea”: Aldermen Novit, Waldeck, Pandaleon, Tack, Reisenberg, Palmer and Adelman. The following voted “Nay”: None. 7 Yea’s 0 Nay, Motion carried. ORDINANCES 1. Consideration of an Ordinance Amending Chapter 46, Section 21(A) of the City Code as it Relates to the Terms for Members of the Zoning Board of Appeals as Recommended by the Plan Commission. (First reading, and if desired by the City Council, final approval) Catherine Czerniak, Director of Community Development, spoke to Council about modifying the terms for Zoning Board of Appeals members to align with the terms of various other development related Boards and Commissions. Currently, Zoning Board of Appeals members serve one 5-year term. The other Boards and Commissions that deal with development-related issues, the Building Review Board, Historic Preservation Commission, the Construction Codes Commission and the Plan Commission, have 2-year terms, however, members may be reappointed and may serve up to three 2-year terms for a total of six years. The Caucus’ suggestion to align the terms was simply in recognition of the fact that it may be easier for a volunteer to commit to serving a 2-year term, with the opportunity of serving additional terms, than to commit up front to a 5-year term. Since the City of Lake Forest is a Home Rule community, the City has the authority to set the length of the terms for the Zoning Board of Appeals members as it determines to be appropriate. Alderman Reisenberg moved to waive the first reading, seconded by Alderman Pandaleon. The following voted “Yea” Aldermen Novit, Waldeck, Pandaleon, Tack, Reisenberg, Palmer and Adelman. The following voted “Nay” None. 7 Yea 0 Nay, Motion carried. Alderman Reisenberg then so moved to grant final approval of an Ordinance amending Chapter 46, Section 21(A) of the City Code as it relates to the terms for members of the Zoning Board of Appeals, 111 seconded by Alderman Pandaleon. The following voted “Yea” Aldermen Novit, Waldeck, Pandaleon, Tack, Reisenberg, Palmer and Adelman. The following voted “Nay” None. 7 Yea 0 Nay, Motion carried. 1. Award of Bid for The City of Lake Forest Janitorial Service Contract Included in the F.Y. 2014 - 2016 Operating Budgets Superintendent of Public Works, Dan Martin, advised Council that The City’s current janitorial services are made up of multiple agreements with the same contractor that are independently managed through several City departments. The original contract consisted of 7 buildings. Over the years it increased to 15 locations, totaling approximately 160,000 cleanable square feet. Each of the 15 locations has varying cleaning schedules and specifications to support the building or programing needs of the department. The base janitorial services are primarily performed in the evening hours. The day time janitorial services needed at the Recreation Center are accomplished by using a single day porter managed by the Recreation Program staff. Staff continually examines ways to improve operations to be more efficient and cost-effective. The janitorial services contract was one of several service contracts identified by staff last year to be competitively bid out based on the large total annual dollar amount of $271,000. In addition, staff realized that the potential for better pricing could be achieved by consolidating all the agreements under one contract. Over the course of the year staff consulted with residents (pro-bono)that are experts in the property management industry, neighboring communities, and contractors, to develop a comprehensive bid packet that consolidated all the janitorial service locations. On March 22, 2013, staff received twelve (12) bids for this contract. Crystal Maintenance Services Inc. was the lowest qualified bid for $171,639.50. With a potential 63% cost difference, staff conducted a thorough interview with this vendor and contacted numerous references. Crystal Maintenance Services Inc. met all of the required contract specifications and their references gave favorable responses. If awarded the contract, Crystal Maintenance Services could begin June 1, 2013. Crystal Maintenance Services Inc. is located in Mount Prospect, IL. They are a family owned company that has been in business for more than 20 years. They currently have 100 employees servicing approximately 54 accounts. It is apparent Crystal Maintenance has developed a “niche market” specializing in servicing municipalities. Of the 54 accounts they service, 34 or 63% of them are municipal accounts. Some local accounts include The City of Highland Park, Village of Niles, Village of Northbrook, Village of Bartlett, and the Lake County Forest Preserve. Crystal Maintenance Services Inc. is certified by the Green Clean Institute. New to the bid requirements was that all contractors needed to either hold a 3rd party green cleaning certificate from a reputable company or be able to acquire certification within six months. This certification requires the company to have all employees, from officers to front line staff, complete an extensive training course on green cleaning techniques and on the proper use of environmentally 112 safe cleaning chemicals. The Green Clean Institute also conducts random inspections on the certified company and its work force. Alderman Pandaleon thanked staff for asking him to join in the conversation regarding this topic as the percentage of savings is staggering at forty (40%) percent. Alderman Novit moved to award a contract for Janitorial Services for 15 municipal facilities to Crystal Maintenance Services Inc. in the amount of $514,918.50 for FY 14-Fy 16, seconded by Alderman Pandaleon. The following voted “Yea”: Aldermen Novit, Waldeck, Pandaleon, Tack, Reisenberg, Palmer and Adelman. The following voted “Nay”: None. 7 Yea’s 0 Nay, Motion carried. ADDITIONAL ITEMS FOR COUNCIL DISCUSSION Alderman Adelman encouraged residents to attend the Community Forum Meeting that will be held on Thursday May16 at 7 pm at the Gorton Community Center. ADDITIONAL ITEMS FOR COUNCIL DISCUSSION Seeing None ADJOURNMENT There being no further business. Alderman Palmer made a motion to adjourn, seconded by Alderman Novit. Motion carried unanimously by voice vote at 8:35pm Respectfully Submitted, Margaret Boyer Deputy City Clerk 113 114 115 116 117 118 119 120 121 122 123 124 125 126 127 128 129 130 131 132 133 134 135 136 137 138 139 140 141 142 THE CITY OF LAKE FOREST ORDINANCE NO. _________ AN ORDINANCE AMENDING THE LAKE FOREST CITY CODE, AS AMENDED, RELATING TO CERTAIN ALCOHOLIC BEVERAGES LICENSES WHEREAS,the City has established licensing and other regulations related to the sale of alcoholic beverages in the City; and WHEREAS,the City Council, pursuant to its authority under the Illinois Compiled Statutes and its home rule authority, has determined that is in the best interests of the City and its residents to amend the City’s alcoholic beverages regulations in the manners hereinafter set forth; NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF LAKE FOREST, COUNTY OF LAKE, STATE OF ILLINOIS, as follows: SECTION ONE: Recitals. The foregoing recitals are incorporated as the findings of the City Council and are hereby incorporated into and made a part of this Ordinance. SECTION TWO: Comprehensive Amendment to Chapter 4 of the City Code. Chapter 4, entitled "Alcoholic Beverages," of the Lake Forest City Code is hereby amended in its entirety, so that Chapter 4 shall hereafter be and read as follows: CHAPTER 4 ALCOHOLIC BEVERAGES CHARTER REFERENCE—Intoxicating Liquors, Sec. 1 of Article XI Art. I In General, Sec. 4-1--4-6 Art. II Liquor Control Commissioner, Sec. 4-7 Art. III Licenses, Sec. 4-8--4-18 Art. IV Establishments, Sec. 4-19--4-20 Art. V Sales, Sec. 4-21--4-24 Art. VI Hearings, Sec. 4-25 Art. VII Fines and Penalties, Sec. 4-26 143 2 #12608852_v810 AR T. I IN GENERAL Sec. 4-1.DEFINITIONS-- Whenever the following words or terms are used in this Chapter, they shall have the meanings ascribed to them in this Section: ALCOHOL: The product of distillation of any fermented liquid, whether rectified or diluted, whatever may be the origin thereof, and includes synthetic ethyl alcohol. It does not include denatured alcohol or wood alcohol. ALCOHOLIC LIQUOR: Alcohol, spirits, wine, and beer, and every liquid or solid, patented or not, containing alcohol, spirits, wine, or beer, and capable of being consumed as a beverage by a human being. The provisions of this Chapter shall not apply to alcohol used in the manufacture of denatured alcohol produced in accordance with acts of Congress and regulations promulgated thereunder, nor to any liquid or solid containing one-half of one percent, or less, of alcohol by volume. BEER: A beverage obtained by the alcoholic fermentation of an infusion or concoction of barley or other grain, malt, and hops in water, and includes among other things beer, ale, stout, lager beer, porter, and the like. BRING-YOUR-OW N-BEVERAGE:Alcoholic beverages that patrons or guests of a licensed premises bring to such licensed premises for their own consumption on the licensed premises. CATERING ESTABLISHMENT: A business conducted by a person, firm or corporation for the purpose of providing food and service for a banquet or a dinner which may occur in a location other than premises leased, owned and/or operated by the Catering Establishment, the recipients of such food and/or service being persons specially invited to such banquet or dinner rather than members of the general public. CLUB: A corporation organized under the-laws of the State of Illinois, not for pecuniary profit, solely for the promotion of some common object other than the sale or consumption of alcoholic liquors, kept, used, and maintained by its members through the payment of regular dues, and owning, hiring, or leasing a building or space in a building, of such extent and character as may be suitable and adequate for the reasonable and comfortable use and accommodation of its members and their guests and provided with suitable and adequate kitchen and dining room space and equipment and maintaining a sufficient number of servants and employees for cooking, preparing, and serving food and meals for its members and their guests; provided, that such club files with the Mayor at the time of its application for a license under this Chapter two copies of a list of names and residences of its members, and similarly files within ten (10) days of election of any additional member his name and address; and provided further that its affairs and management are conducted by a board of d irectors, executive committee, or similar body chosen by the members at their annual meeting and that no member or any officer, agent, or employee of the club is paid, or directly or indirectly receives, in the form of salary or other compensation any profits from the distribution or sale of alcoholic liquor to the club or the members of the club or its guests introduced by members beyond the amount of such salary as may be fixed and voted at any annual meeting by the members or by its board of directors or other governing body out of the general revenue of the club. 144 3 #12608852_v810 COMMISSIONER: The Lake Forest liquor control commissioner designated in section 4-7 of this Chapter as well as any committee or other agency appointed by the Commissioner. CONVEYANCE: Any vehicle, trailer, watercraft, or container operated for the transportation of person or property. GATHERING: Any group of three or more persons who have assembled or gathered together for a social occasion or other activity. HOST: To aid, conduct, allow, entertain, organize, supervise, control, or permit a Gathering. HOTEL: Every building or other structure kept, used, maintained, advertised, and held out to the public to be a place where food is actually served and consumed and sleeping accommodations are offered for adequate pay to travelers and guests, whether transient, permanent, or residential, in which twenty-five (25) or more rooms are used for the sleeping accommodations of such guests and having one or more public dining rooms where meals are served to such guest, such sleeping accommodations and dining rooms being conducted in the same buildings in connection therewith and such building or buildings structure or structures being provided with adequate and sanitary kitchen and dining room equipment and capacity. ILLICIT DRUGS: Any drug, substance, or compound prohibited by law, including drugs prescribed by a physician which are in the possession of or used by someone other than the person to whom the drug was prescribed. LICENSED PREMISES or PREMISES: The actual physical location described in a local liquor license at which liquor will be served under the retail liquor license once issued, and may include either indoor or outdoor dining areas, except that no outdoor area shall be deemed part of the premises unless expressly identified in the local liquor license. For purposes of this Chapter, the terms "public dining room" and "public and private dining rooms" shall be included in this definition of PREMISES. LICENSEE: A person holding a local liquor license. LICENSEE, AGENT OF: Any owner, partner, director, officer, manager, employee, or authorized agent of a licensee but only wh ile engaged in the business of such licensee or present on the licensed premises of such licensee. LIQUOR CONTROL ACT: The Illinois liquor control act of 1934,235 ILCS 5/1-1 et seq., as amended from time-to-time. LIQUOR LAWS: This Chapter and all other City ordinances, resolutions, regulations, and rules relating to alcoholic liquor; the liquor control act and all regulations issued thereunder; all federal, state, and local laws imposing or pertaining to fees and taxes relating to alcoholic liquor; and all other federal and state legislation, regulations,and rules applicable to the sale or use of alcoholic liquor within the City. LOCAL LIQUOR LICENSE: A license issued pursuant to the provisions of this Chapter. MINOR: A person under the age of twenty one (21) years. 145 4 #12608852_v810 ORIGINAL PACKAGE:Any bottle, flask, jug, can, cask, barrel, keg, hogs head, or other receptacle or container, whatsoever used, corked, or capped, sealed and labeled by the manufacturer of alcoholic liquor, to contain and to convey any alcoholic liquor. PARENT: Any person having legal custody of a juvenile as a natural, adoptive parent, or step-parent; as a legal guardian; or as a person to whom legal custody has been given by order of the court. PERSON: Any individual, partnership, firm,company,corporation, or entity. PUBLIC PLACE: Any place to which the public or a substantial group of the public has access and includes, but is not limited to, streets, highways, and the common areas of schools, hospitals, apartment houses, office buildings, transport facilities, parks, businesses, or parking lots. REASONABLE STEPS: Actions that, if taken, would be expected to avoid or prevent a prohibited Gathering [as provided in Section 4-22(6) of this Code], which may include but are not limited to controlling access to Alcoholic Liquor at the Gathering; controlling the quantity of Alcoholic Liquor present at the Gathering; verifying the age of Persons attending the Gathering by inspecting drivers licenses or other government issued identification cards to ensure that Minors do not consume Alcoholic Liquor while at the Gathering; supervising the activities of Minors at the Gathering; and calling for police assistance in the event people under 21 are in possession of Alcoholic Liquor at the Gathering. RELIGIOUS CEREMONY: Any bona fide rite, ceremony, service, or event sponsored or sanctioned in connection with the exercise of a person's religious belief that involves the possession, consumption, and dispensation of Alcohol or Alcoholic Liquor. RESIDENCE or SITE: Any home, yard, farm, field, land, apartment, condominium, hotel or motel room, other dwelling unit, hall, meeting room, park, or any other place of assembly, public or private, whether occupied on a temporary or permanent basis, whether occupied as a dwelling or specifically for a party or other social function, and whether owned, leased, rented, or used with or without permission or compensation. RESPONSE COSTS: The costs associated with responses by law enforcement, fire, and other emergency response providers to a Gathering, including but not limited to: (1) salaries and benefits of law enforcement, code enforcement, fire, or other emergency response personnel for the amount of time spent responding to, remaining at, or otherwise dealing with a Gathering, and the administrative costs attributable to such response(s); (2) the cost of any medical treatment for any law enforcement, code enforcement, fire, or other emergency response personnel injured while responding to, remaining at, or leaving the scene of a Gathering; and (3) the cost of repairing any City equipment or property damaged, and the cost of the use of any such equipment in responding to, remaining at, or leaving the scene of a Gathering. RESTAURANT: A public place primarily kept, used, maintained, advertised and held out to the public for the serving of meals to patrons seated at tables or booths, and where complete meals are actually and regularly served, such space being provided with adequate and sanitary kitchen and dining room equipment and capacity and having employed therein a sufficient number and kind of employees to prepare, cook and serve suitable food for its guests. 146 5 #12608852_v810 RETAIL SALE, SELL AT RETAIL, AND SALE AT RETAIL: Sales for use or consumption and not for resale in any form. SALE: Any transfer, exchange or barter in any manner, or by any means whatsoever, with or without consideration, and includes all sales made by any person, whether principal, proprietor, agent, servant or employee. TO SELL: Includes to keep or expose for sale and to keep with intent to sell. SPIRITS: Any beverage, which contains alcohol obtained by distillation, mixed with water or other substance in solution, and includes brandy, rum, whiskey, gin, or other spirituous liquors, and such liquors when rectified, blended or otherwise mixed with alcohol or other substances. STATE LIQUOR LICENSE: A license issued by the Illinois liquor control commission pursuant to the provisions of the liquor control act. WINE: Any alcoholic beverage obtained by the fermentation of the natural contents of fruits or vegetables, containing sugar, including such beverages when fortified by the addition of alcohol liquor, as defined above. Sec. 4-2.SALE OF ALCOHOLIC LIQUOR--- It shall be unlawful to peddle or otherwise sell alcoholic liquor at locations not specified in a duly authorized local liquor license in the City. Sec. 4-3.MANUF AC TURE PROHIBITED-- It shall be unlawful for any person to engage in the business of manufacturing alcoholic liquor in the City. Sec. 4-4. DRINKING IN PUBLIC PLACE--- (a)It shall be unlawful for any person to consume any alcoholic beverages of any type either (i) in any place of public accommodation or public place (other than licensed premises), or (ii) upon any public street, alley or thoroughfare. (b)It shall be unlawful for any licensee to permit any person to consume any alcoholic beverages of any type at any licensed premises unless such alcoholic beverages are either (i) sold by such licensee pursuant to a license allowing sale of alcoholic beverages for consumption on such licensed premises or (ii) bring-your-own-beverages and the licensed premises has a Class I-1 license. Sec. 4-5.GIVE AWAY PROHIBITED--- It shall be unlawf ul for any person to give away or otherwise dispense free of charge, by the drink or in any other manner, within the City, an alcoholic beverage except that the giving away by a Class A-1 or B-1 licensee, without charge, of wine in small and limited amounts for tasting purposes only, immediately prior and incidental to, the sale of wine in the original package for consumption off the premises shall not be considered a violation of this Section. Such give away, however, shall be subject to the following conditions and limitations: (a) the tastings shall be attended by and supervised by a full-time employee and only in a designated area on the licensed premises as approved by the Commissioner and designated in the license; (b) the actual amount of w ine tasted may not exceed an ounce; and, (c) the sample shall be served in a container which shall be disposed of following sample. Furthermore, it is hereby declared unlawful to advertise the availability of "tasting" through any public media or other means of 147 6 #12608852_v810 communication other than: (1) on the premises where the “tasting” will occur; or (2) by a direct mailing that provides the date and location of the “tasting.” Notification of the date and location of a particular “tasting” shall not be sent to more than 200 individual residences. Further, the provisions of this Section prohibiting give away or other dispensing of alcoholic beverages shall not apply to Class F-2, Class F-3 or Class F-4 licenses. Sec. 4-6.APPLICABILITY OF OTHER LAWS-- (1)State Law Adopted: All of the provisions, including all words and phrases, of the liquor control act and the rules and regulations issued by the Illinois liquor control commission pertaining to local control of alcoholic liquor, as the same may be amended from time to time, are hereby incorporated into and declared to be a part of this Chapter as if expressly set forth herein. (2)Compliance With All Regulations Required: Nothing in this Chapter shall excuse or release any person from compliance with the requirements of any other applicable federal, state or local code, ordinance, regulation, or rule. ART. II LOCAL LIQUOR CONTROL COMMISSION Sec. 4-7 LAKE FOREST LIQUOR CONTROL COMMISSIONER-- (1)Mayor Designated Commissioner: The Mayor is hereby designated as the Lake Forest Liquor Control Commissioner. (2)Powers, Functions, And Duties Of Commissioner: The Commissioner shall have the following powers, functions, and duties: (a)To administer within the City all liquor laws. (b) To appoint a person or persons to assist him or her in the exercise of the powers and the performance of the duties herein provided. (c) To conduct hearings as provided in this Chapter for the purpose of fulfilling any of the enumerated powers, functions, and duties of the Commissioner; to hear testimony and take proof of information in the performance of his or her duties; and for such purposes to issue subpoenas effective in any part of the State. (d) To examine or cause to be examined, under oath, any licensee and any applicant for a local liquor license or for a renewal thereof and to examine or cause to be examined the books and records of any such licensee or applicant. (e) To receive fees for local liquor licenses and deliver the same forthwith to the City director of finance. (f) To require two (2) sets of fingerprints of any applicant for a local liquor license or for a renewal thereof, one for the City files and one to deliver to the Illinois department of state police, and,for purposes of obtaining such fingerprints and resulting background check,to require the applicant to pay such fee as may be required by the Illinois department of state police. If the applicant is a partnership, each partner shall submit fingerprints annually. If the 148 7 #12608852_v810 applicant is a corporation, each officer thereof and every person owning or controlling more than five percent (5%) of the voting shares or the ownership interest of such corporation shall submit fingerprints annually. If the applicant is a limited liability company, each member and manager shall submit fingerprints annually.If the business for which a local liquor license is sought will be managed by a manager or agent, every such manager or agent shall submit fingerprints annually. The Local Liquor Control Commissioner shall have the right, at the Commissioner's sole discretion, to waive this requirement for any individual that has already submitted fingerprints to the City for a background check and is not involved in the daily management or operation of the premises. (g) To grant or renew local liquor licenses in accordance with the provisions of the liquor laws. (h) To deny any application for the issuance or renewal of a local liquor license to any applicant or premises that the Commissioner has determined to be ineligible therefor in accordance with the provisions of the liquor laws. (i) To keep or cause to be kept a complete record of all local liquor licenses and to furnish the City Clerk with a copy thereof; and, on the issuance or renewal of any local liquor license, or the revocation or suspension of any existing local liquor license, to give notice of such action to the City Clerk within three (3) days after such action. (j) To lawfully enter, or to authorize any law enforcement officer to lawfully enter, at any time, any licensed premises to determine whether any of the provisions of the liquor laws have been or are being violated and at the time of such entry to examine such licensed premises in connection with such determination. (k) To receive complaints from citizens that any of the provisions of the liquor laws have been or are being violated and to act on such complaints in the manner provided in this Chapter and the other liquor laws. (l) To examine any licensee on whom notice of revocation or suspension has been served. (m) To suspend for cause for not more than thirty (30) days any local liquor license, to revoke for cause any local liquor license, and to levy fines against any licensee, all in accordance with the liquor laws. (n) To report whenever requested by the City Council all of his or her acts taken to enforce the liquor laws and all acts taken in regard to the collection of local liquor license fees. (o) To notify the Illinois secretary of state when a club incorporated under the Illinois general not-for-profit corporation act or a foreign corporation functioning as a club in Illinois under a certificate of authority issued under that act has violated the liquor control act by selling or offering for sale at retail alcoholic liquor without a retailer's license. (p) To extend the term of any local liquor license or group of local liquor licenses, to a date specific, when such an extension is necessary for staff convenience, to accommodate change in law or policy, or to conduct further inquiry into any renewal application. (3)Compensation: The Commissioner shall serve without compensation. ART. III LICENSES 149 8 #12608852_v810 Sec. 4-8. REQUIRED-- (1)Local And State Liquor Licenses Required: It shall be unlawful for any person not having a current, valid local liquor license and a current, valid state liquor license to sell or offer for sale in the City any alcoholic liquor. (2)Sale In Violation Of License Prohibited: It shall be unlawful for any licensee to sell, offer for sale, or dispense in the City any alcoholic liquor except in the manner authorized by, and in compliance with, the terms and restrictions of the liquor laws and such licensee's local liquor license. (3)Display Of License: Every licensee shall cause his or her current local liquor license to be framed and hung in plain view in a conspicuous place on the licensed premises. (4)Exception to License Requirement: Notwithstanding any provisions in this Chapter to the contrary, the occupant of any dwelling unit does not require a license under this Chapter to sell, otherwise transfer, or provide liquor to others without consideration. Sec. 4-9.LOCAL LIQUOR LICENSES AND FEES-- Every person engaged in the retail sale of alcoholic liquor in the City shall pay an annual license fee. Such license fees shall be established by the City Council by separate ordinance, which may be amended from time-to-time, and are hereby incorporated into this section as if fully set forth herein. Such licenses shall be divided into classes, which classes and the license fees shall be as follows: (1)CLASS A-1 LICENSES, which shall authorize the retail sale of alcoholic liquor in original package not for consumption on the premises where sold. The annual fee for such a license shall be two thousand seven hundred dollars ($2,700.00). (2)CLASS A-2 LICENSES, which shall authorize the retail sale of beer and wine in original package not for consumption on the premises where sold. The annual fee for such license shall be one thousand, five hundred ($1,500.00). (3)CLASS A-3 LICENSES, which shall authorize the holder of a Class A-1 license to give away wine or beer for tasting purposes only on the licensed premises subject to all of the terms and conditions set out in Section 4-5. The annual fee for such license shall be two hundred seventy-five dollars ($275.00). (3)CLASS B-1 LICENSES, which shall authorize the retail sale of alcoholic liquor for consumption either on or off the premises. Tastings of alcoholic liquor may also take place on premises pursuant to this Class B-1 license. The annual fee for such license shall be two thousand five hundred dollars ($2,500.00). (4)CLASS C-1 LICENSES, which shall authorize the retail sale of alcoholic liquor for consumption on the premises of a restaurant only and served indoors, with or without a meal. The annual fee for such license shall be two thousand six hundred dollars ($2,600.00). (5)CLASS C-2 LICENSES, which shall authorize the retail sale of alcoholic liquor for consumption on the premises of a restaurant only and served indoors, with or without a meal, 150 9 #12608852_v810 or for consumption off-premises when sold sealed in its original package. The annual fee for such license shall be three thousand dollars ($3,000.00). (6)CLASS C-3 LICENSES, which shall permit the holder of any C-1 or C-2 licensee to provide alcoholic liquor service outdoors, but only upon such terms and conditions as the local liquor commissioner may establish for the licensed premises. The annual fee for such license shall be eight hundred dollars ($800). (7) CLASS D-1 LICENSES, which shall authorize the retail sale of alcoholic liquor by a club, to its members and their guests for consumption on the club premises and retail sale of alcoholic liquor in original package to its members and their guests for consumption off the premises where sold. The annual fee for such license shall be two thousand five hundred dollars ($2,500.00). (8) CLASS E-1 LICENSES, which shall authorize the retail sale by restaurants,hotels, or residential care facilities having seating accommodations at tables or booths for 100 or more persons, of alcoholic liquor by the drink for consumption on the premises by customers of the restaurant or hotel, such sales shall be exclusively with and incidental to the ordering and serving of a complete meal to such customer, seated at a table or booth, in the public dining room of the restaurant or hotel, but only between the hours of eleven (11:00) o'clock A.M. and twelve (12:00) o'clock midnight; and which shall also authorize the retail sale of alcoholic liquor for consumption in the public and private rooms of the restaurant or hotel for privately sponsored parties, lunches, dinners, receptions, and similar gatherings where attendance is limited to invited guests, but only between the hours of eleven (11:00) o'clock A.M. and twelve (12:00) o'clock midnight. The annual fee for such license shall be three thousand dollars ($3,000.00). (9)CLASS F-1 LICENSES, which shall authorize the retail sale of alcoholic liquor by the drink to its members by a religious, charitable, fraternal, or other not-for-profit organization, other than clubs as defined herein, which holds periodic meetings of its members. All applications for a Class F-1 license shall state the names and addresses of all officers of the organization, and the address of the premises upon which the sale of alcoholic liquor will be made. The annual fee for such license shall be $100.00. (10)CLASS F-2 LICENSES, which shall authorize the retail sale of alcoholic liquor in any of the following circumstances: (a)by the drink by religious, charitable, fraternal, or other not-for-profit organizations, for periods not in excess of 48 hours; (b)on City-owned property or on school grounds, by members and guests of religious, charitable, fraternal or other not-for-profit organizations and groups, for a period not in excess of 48 hours (c)by the drink by a person whose premises are located in either the B-1, B-2, B-3, or B-4 zoning districts in the City, for periods not in excess of 48 hours, and on no more than two occasions per licensee in any calendar year; (d)at events sponsored by religious, charitable, fraternal or other not-for-profit organizations and groups, for a period not in excess of 48 hours at which beer and wine may be consumed (but not given away or sold at retail) on public property not owned by the City; or (e)on City-owned property or on school grounds, by holders of any Class A-1, A-2, B-1, C-1, C-2, or E-1 liquor license for outdoor events open to the public for a period not in excess of 72 hours. 151 10 #12608852_v810 All applications for a Class F-2 license shall state the names and addresses of the individual or, if the person is a business entity or organization, all officers of such entity, the address of the premises upon which the sale of alcoholic liquor will be made, the estimated attendance upon the premises during the period of the license and whether such sales will be made to the public or only to bona fide members of the organization for which the license is requested. Satisfactory evidence from the owner of the premises shall be furnished showing the authorization to the applicant for the use of said premises, including the sale of alcoholic liquor for the period for which the license is requested. For all events taking place on City-owned property, the applicant must also submit a proposal for the special event identifying the type of event, proposed hours, proposed security plan, evidence that the licensed premises is covered by insurance as provided by Section 4-18(2) so as to hold harmless the City, its elected or appointed officials, officers, employees, agents, representatives, and attorneys from all financial loss, damage or harm, and any other information regarding the event or applicant requested by City Staff. The event must be approved by the City in writing pursuant to its applicable policies for such events prior to the issuance of any Class F-2 License. The fee for a Class F-2 license shall be $175.00 for each 24 hour period or any part thereof. (11)CLASS F-3 LICENSES, which shall authorize the retail sale of beer and wine in any of the circumstances set forth in Section 4-9(10)(a-e). All applications for a Class F-3 license shall state the names and addresses of the individual or, if the person is a business entity or organization, all officers of such entity, the address of the premises upon which the sale of beer and wine will be made, the estimated attendance upon the premises during the period of the license and whether such sales will be made to the public or only to bona fide members of the organization for which the license is requested. Satisfactory evidence from the owner of the premises shall be furnished showing the authorization to the applicant for the use of said premises, including the sale of alcoholic liquor for the period for which the license is requested. For all events taking place on City-owned property, the applicant must also submit a proposal for the special event identifying the type of event, proposed hours, proposed security plan, evidence that the licensed premises is covered by insurance as provided by Section 4-18(2) so as to hold harmless the City, its elected or appointed officials, officers, employees, agents, representatives, and attorneys from all financial loss, damage or harm, and any other information regarding the event or applicant requested by City Staff. The event must be approved by the City in writing pursuant to its applicable policies for such events prior to the issuance of any Class F-3 License. The fee for a Class F-3 license shall be $100.00 for each 24 hour period or any part thereof. (12) CLASS F-4 LICENSE, which shall authorize the retail sale of alcoholic liquor on private property, by for-profit organizations and individuals in connection with sporting events for which the public is able to purchase tickets to attend. A separate Class F-4 license shall be required for each vendor of alcoholic liquor associated with the event.All applications for a Class F-4 license shall state the names and addresses of the individual applicant or all officers of the organization, the address of the premises upon which the sale or give-away of alcoholic liquor will be made, the estimated attendance upon the premises. The applicant 152 11 #12608852_v810 must also submit a proposal for the special event identifying the type of event, proposed hours, proposed security plan, and any other information regarding the event or applicant requested by City Staff. The fee for a Class F-4 license shall be $500.00 per vendor for the duration of the sporting event. (13) CLASS F-5 LICENSES, which shall authorize the retail sale, give away, or other dispensing free of charge, of alcoholic liquor for consumption on the premises of any City-owned property that is operated and occupied by a not-for-profit organization when such retail sale, give away, or other dispensing free of charge is incidental and complementary to a special event sponsored by such not-for-profit organization from time to time; provided, however, that no more than 25 such special events shall be permitted during any license year. In addition to the requirements set forth in this Section 4-9(22A), the applicant shall submit to all other requirements of Chapter 4 of the City Code of Lake Forest, as amended, as well as the Illinois Liquor Control Act of 1934, 235 ILCS 5/1-1 et seq. Any such retail sale, give away, or other dispensing free of charge that is incidental and complementary to a special event shall also be subject to the following conditions and limitations: (a)the applicant shall provide written notice to the Commissioner, or the Commissioner's designee, no less than five business days prior to any special event at which alcoholic liquor will be served. Such notice shall include the date, time, location within the licensed premises, and number of invitees or anticipated attendees for such special event; and (b)the applicant shall supervise, or cause to be supervised, the retail sale, give away, or other dispensing free of charge of alcoholic liquor, to ensure that such retail sale, give away, or other dispensing free of charge of alcoholic liquor is confined to area within the licensed premises identified in the notice to the Commissioner and is properly monitored to ensure that no underage consumption of alcoholic beverages is permitted. The Liquor Control Commissioner or the Commissioner's designee may require the applicant to develop appropriate protocols to ensure compliance with this Subsection (b); and (c)the applicant shall not advertise, or otherwise publish the availability of alcoholic liquor through any media or other means of communication, with the sole exception that a mailed invitation for a special event may advertise the availability of alcoholic liquor at such special event; and (d)the applicant shall provide evidence to the Local Liquor Control Commission, at the time of its application for a F-5 liquor license, that the licensed premises is covered by Dram Shop Liability Insurance in maximum limits so as to hold harmless the City, its elected or appointed officials, officers, employees, agents, representatives, and attorneys from all financial loss, damage or harm; and (e) in connection with any special event on the licensed premises, the Commissioner may impose such conditions and requirements that may be reasonable or appropriate to ensure that the public health, safety, welfare, and convenience are protected and preserved. The annual fee for such license shall be $1,100.00. (17) CLASS F-6 LICENSES, which shall authorize the retail sale, give away, or other dispensing free of charge, of beer or wine for consumption on the premises of any City-owned property that is operated, used, or occupied by a not-for-profit organization when such retail 153 12 #12608852_v810 sale, give away, or other dispensing free of charge is incidental and complementary to a special event sponsored by such not-for-profit organization from time to time; provided, however, that no more than 12 such special events shall be permitted during any license year. In addition to the requirements set forth in this Section 4-9(22B), the applicant shall submit to all other requirements of Chapter 4 of the City Code of Lake Forest, as amended, as well as the Illinois Liquor Control Act of 1934, 235 ILCS 5/1-1 et seq. Any such retail sale, give away, or other dispensing free of charge that is incidental and complementary to a special event shall also be subject to the following conditions and limitations: (a)the applicant shall provide written notice to the Commissioner, or the Commissioner's designee, no less than five business days prior to any special event at which alcoholic liquor will be served. Such notice shall include the date, time, location within the licensed premises, and number of invitees or anticipated attendees for such special event; and (b)the applicant shall supervise, or cause to be supervised, the retail sale, give away, or other dispensing free of charge of alcoholic liquor, to ensure that such retail sale, give away, or other dispensing free of charge of alcoholic liquor is confined to the area(s) within the licensed premises identified in the notice to the Commissioner and is properly monitored to ensure that no underage consumption of alcoholic beverages is permitted. The Liquor Control Commissioner or the Commissioner's designee may require the applicant to develop appropriate protocols to ensure compliance with this Subsection (b); and (c)unless a specific event is otherwise authorized by resolution of the City Council, the applicant shall not advertise, or otherwise publish the availability of alcoholic liquor through any media or other means of communication; provided, however, that a mailed invitation for a special event may advertise the availability of beer or wine at such special event; and (d)the applicant shall provide evidence to the Local Liquor Control Commission, at the time of its application for a F-6 liquor license, that the licensed premises is covered by Dram Shop Liability Insurance in maximum limits so as to hold harmless the City, its elected or appointed officials, officers, employees, agents, representatives, and attorneys from all financial loss, damage or harm; and (e) in connection with any special event on the licensed premises, the Commissioner may impose such conditions and requirements that may be reasonable or appropriate to ensure that the public health, safety, welfare, and convenience are protected and preserved. The annual fee for such license shall be $600.00. (14) CLASS G-1 LICENSE, which shall authorize the retail sale of alcoholic liquor by the drink by institutions of higher learning. Such sales shall be limited to periods of time when groups are assembled on the premises solely for the promotion of some common object other than the sale or consumption of alcoholic liquor. The annual fee for such licenses shall be $200.00. (15) CLASS G-2 LICENSE, which shall authorize the retail sale of beer and wine in single servings by institutions of higher learning at designated locations upon the grounds of such institutions and accessible only to the faculty, staff, alumni, and students, and pre-registered visitors of such institution of higher learning, and their families and guests, all of whom must 154 13 #12608852_v810 be at least 21 years of age for consumption on the licensed premises; limiting the consumption of beer and wine to indoors on the premises provided that: (a) retail sales of alcoholic liquor at a Class G-2 licensed establishment shall only be authorized to operate between the hours of 5 p.m. and 12 midnight daily 11 p.m. Sunday through Thursday, and from 5 p.m. to 1 a.m. on Fridays and Saturdays; and (b) the license application shall include a detailed plan of t he monitoring and security measures, for ensuring that the licensed premises shall be limited to the persons to whom access is limited. The annual fee for such license shall be $600. (16) CLASS H LICENSE, available only to holders of a valid existing liquor license of any of the foregoing classes. Class H license, which shall authorize the retail sale of alcoholic liquors by Catering Establishments solely between the hours of 11:00 a.m. and 12:00 midnight, Sunday through Saturday, in connection with, and as an incidental part of, the catering of food for private events at a premises not otherwise licensed for the retail sales of alcoholic beverages. A private event shall be defined as an event not available to the general public except by appointment or special invitation. Such Class H licenses shall be of (2) classifications: (a) CLASS H-1 LICENSES, which shall authorize the retail sale of beer and wine at a catered event. The annual fee for each such license shall be $600. (b) CLASS H-2 LICENSES, which shall authorize the retail sale of any alcoholic liquor at a catered event. The annual fee for each such license shall be $1,100. (17)CLASS I-1 LICENSES, which shall authorize any B-1, C-1, C-2, C-3, D-1, E-1, or F-1 licensee to permit bring-your-own-beverages to be consumed on the licensed premises of the type permitted by the licensee's license and to impose a corkage fee relating to each container of bring-your-own-beverage of not to exceed $10.00 per bring-your-own-beverage container. There shall be no annual fee for such license. (18)TERM; PRORATING FEE---Each such license shall terminate the 30th day of April next following its issuance. The fee to be paid shall be reduced in proportion to the full calendar months which have expired in the year prior to the issuance of the license. (Ord. No. 2010-04) (19)CONDITIONS ON LICENSES---All licenses classifications identified in this Section 4-9 may be s ubject to additional conditions required by the Commissioner or City Council. The conditions shall be listed on the license and may relate to, security procedures, placement or location of alcoholic liquor on the licensed premises, food service requirements, hours of sale or service, or other matters that affect the health, safety, and welfare of the residents of the City. (20)FEE WAIVERS---The Commissioner shall have the authority to waive any fee prescribed herein for any license on City property or any license for an event sponsored by the City or other governmental agency. Sec. 4-10.NUMBER OF LICENSES---The number of liquor licenses issued by the City shall be limited as follows: Clas s Ma ximum Number of Licenses Authorized A-1 7 155 14 #12608852_v810 A-2 1 A-3 No more than the total number of Class A-1 Licenses issued by the City B-1 1 C-1 3 C-2 10 C-3 9 D-1 5 E-1 2 F-1 1 F-2 As many as determined reasonable by the Commissioner F-3 As many as determined reasonable by the Commissioner F-4 As many as determined reasonable by the Commissioner F-5 1 F-6 4 G-1 1 G-2 2 H-1 0 H-2 1 I-1 No more than the total number of Class B-1, C-1, C-2, C-3, D-1, E-1, and F-1 Licenses issued by the City Without further action of the City Council, the maximum number of licenses in any class shall be automatically reduced by one upon the expiration, revocation, or nonrenewal of an existing license in any such license class. Sec. 4-11.LIST--- The Commissioner shall keep or cause to be kept a complete record of all such licenses issued by him and shall furnish the City Clerk, Treasurer, and Chief of Police each with a copy thereof. Upon the issuance of any new licenses or the revocation of any old license, the Commissioner shall give written notice of such action to each of these officers within 48 hours of such action. Sec. 4-12.TRAN SFER OF LICENSES--- A license shall be purely a personal privilege good for not to exceed one year after issuance, unless sooner revoked as provided in this Chapter, and shall not constitute property, nor shall it be subject to attachment, garnishment, or execution, nor shall it be available or transferable, voluntarily, or subject to being encumbered or hypothecated. Such license shall not descend by the laws of testate or intestate devolution, but it shall cease upon the death of the licensee, provided that executors or administrators of the estate of any deceased licensee, and the trustee of any insolvent or bankrupt licensee, when such estate consists in part of alcoholic liquor, may continue the business of the sale of alcoholic liquor under order of the appropriate court, and may exercise the privileges of the deceased or insolvent or bankrupt licensee after the death of such decedent, or such insolvency or bankruptcy until the expiration of such license, but not longer than six months after the death, bankruptcy, or insolvency of such licensee. A refund shall be made of that portion of the license fees paid for any period in which the licensee shall be prevented from operating under such license, in accordance with the provisions of this Paragraph. 156 15 #12608852_v810 Any licensee may renew his license at the expiration thereof, provided he is then qualified to receive a license and the premises for which such renewal license is sought are suitable for such purposes; and provided, further, that the renewal privilege herein provided for shall not be construed as a vested right which shall in any case prevent the City Council from decreasing the number of licenses to be issued within his jurisdiction. Sec. 4-13.CHANGE OF LOCATION--- A retail liquor license shall permit the sale of alcoholic liquor on the premises described in the application and license. Such location may be changed only upon the written permit to make such change issued by the Commissioner. No change of location shall be permitted unless the proposed new location is a proper one for the retail sale of alcoholic liquor under the law of this State and for the Ordinances of the City. Sec. 4-14.LOCATION RESTRICTIONS--- No license shall be issued for the sale at retail of any alcoholic liquor within 100 feet of any church building used for worship or educational purposes, school (other than an institution of higher learning), hospital, senior citizen housing, daycare center, nursing or personal care facility, or any military or naval station. Notwithstanding the foregoing sentence, this prohibition shall not apply to hotels offering restaurant service, regularly organized clubs, or other places where sale of alcoholic liquor is not the principal business carried on, if such place of business so exempted shall have been established for such purposes prior to the time such other use was established within one hundred feet of the licensed premises; nor to the renewal of a license for the sale of alcoholic liquor on premises within 100 feet of any church where such church has been established within such 100 feet since the issuance of the original license. Nothing contained in this paragraph shall restrict the issuance of a license for the sale of beer and wine for consumption on the premises of such college or university, at a location upon the main premises of such college or university approved by the City Liquor Commission, to those persons among the students, faculty and staff of such college or university and their families or guests to whom such sales are authorized by law. No license shall be issued to any person for the sale at retail of any alcoholic liquor other than beer or wine at any store or other place of business where the majority of customers are minors or where the principal business transacted consists of school books, school supplies, food, lunches, or drinks for such minor. No license shall be issued to any person where the sales of alcoholic beverages shall occur on the same zoning lot where gasoline is either sold or dispensed. Sec. 4-15. REVOCATION--SUSPENSION— The Commissioner may suspend, for not more than 30 days or revoke for cause, any liquor license for any violation of any provisions contained in this Chapter or the Statutes of the State of Illinois pertaining to the sale of alcoholic liquor. Sec.4-16.APPLICATION FOR LOCAL LIQUOR LICENSE-- (1)Application Generally: Applications for local liquor licenses shall be made to the Commissioner on a form prescribed by the Commissioner; shall be in writing; shall be signed by the applicant if an individual, or by one of the partners on behalf of all partners if a partnership, by a member or manager of a limited liability company, or by a duly authorized agent if a corporation; and shall be verified by an oath or affidavit. Each application shall 157 16 #12608852_v810 specifically identify the applicant and the licensed premises to which a local liquor license would be issued, and the filing of an application shall authorize the local liquor commissioner or the commissioner’s agents to conduct all necessary or appropriate background checks of the applicant and its agents, owners, and representatives. (2)Background Information: Each application shall include the following background information: (a)The name, age, address and social security number of the applicant; in the case of a partnership,all partners and also of the persons entitled to share in the profits thereof; in the case of a corporation or club, the names and addresses of the officers and directors and every person owning or controlling more than five percent (5%) of the voting shares of stock or the ownership interest; in the case of a limited liability company, all members and managers. (b) In the case of an individual, the citizenship and place of birth of the applicant and, if a naturalized citizen, the time and place of his or her naturalization. In the case of a corporation,the date and place of incorporation and the objects for which it was formed and proof that it is a corporation in good standing and authorized to conduct business in the State. (c) The character of business of the applicant. (d) The length of time that the applicant has been in the business of the character specified in response to Subsection (2)(c)of this Section. (e) The amount of goods, wares, and merchandise on hand at the time application is made. (f) The location and description of the premises for which a local liquor license is sought and the specific name of the business that is to be operated under such local liquor license. (g) The names of each governmental body from which the applicant (and all other persons identified in Subsection 2(a) of this Section) has received a liquor license within ten (10) years immediately prior to the date of the present application. (h) A telephone number or numbers at which the licensee or the manager can be contacted twenty four (24) hours per day. (3)Statements Required: For any license or renewal of a license, the applicant shall be required to make statements regarding such applicant and all persons to be identified pursuant to Section 4-16(2)(a). If the applicant is an individual, that individual shall subscribe to all of the statements set out below. If the applicant is a partnership, each partner shall subscribe to all of the statements set out below; provided, however, that if the applicant is organized as a limited partnership, then the statement concerning active involvement provided in Subsection (3)(q) of this Section shall be required only of all general partners. If the applicant is a corporation, each director and officer thereof and every person owning or controlling more than five percent (5%) of the voting shares or the ownership interest of such corporation shall subscribe to all of the statements set out below. If the applicant is a limited liability company, each member and manager shall subscribe to all of the statements set out 158 17 #12608852_v810 below. If the business for which a local liquor license is sought will be managed by a manager or agent, every such manager or agent shall subscribe to all of the statements set out below. The submission of false information in regarding the following statements shall be grounds for denial, revocation, or nonrenewal of a liquor license. (a) A statement as to whether or not the applicant has a current, valid state liquor license for the premises covered by the application. (b) A statement as to whether or not the applicant has ever been convicted of a felony under any federal or state law. (c) A statement as to whether or not the applicant has ever been convicted of a violation of any federal or state law or local ordinance concerning the manufacture, possession, sale, or dispensation of alcoholic liquor or has ever forfeited his or her bond to appear in court to answer charges for any such violation. (d) A statement as to whether the applicant has ever been convicted of a gambling offense as proscribed by any state or federal law or regulation or has ever forfeited his or her bond to appear in court to answer charges for any such violation. (e) A statement whether the applicant has made similar application for a similar license for a premises other than described in the application, and the disposition of such application. (f) A statement as to whether or not the applicant has had revoked any liquor license issued under state or federal law or under the ordinances of any municipality within ten (10) years immediately prior to the date of the present application. (g) A statement as to whether or not the applicant has had suspended more than once any liquor license issued under state or federal law or under the ordinances of any municipality within one year immediately prior to the present application. (h) A statement as to whether or not the applicant is a City employee or a law enforcing official of the City or any other government or government agency. (i) A statement as to whether or not the applicant has been issued a federal gaming device stamp or a federal wagering stamp for the current tax period. (j) A statement as to whether or not a federal gaming device stamp has been issued for the current taxable year with respect to the premises for which the local liquor license is sought. (k) A statement as to whether or not the premises for which a local liquor license is sought comprises a store or other place of business where the majority of customers are under the age of twenty one (21) years or where the principal business transacted consists of the sale of school books, school supplies, food, lunches, or drinks for such customers. (l) A statement as to whether or not the retail sale of alcoholic liquor on the premises for which a license is sought will violate any provision of this code, including this Chapter. 159 18 #12608852_v810 (m) A statement as to whether or not the premises for which a license is sought is within one hundred feet (100’) of any church building used for worship or educational purposes, school (other than an institution of higher learning), hospital, senior citizen housing, daycare center, nursing or personal care facility, or any military or naval station. (n) A statement as to whether or not the applicant is a permanent resident of the City; or for any applicant that is partnership, all of the general partners of the partnership are residents of the City. (o)A statement as to whether or not the applicant beneficially owns the premises for which a license is sought or has a lease thereon for the full period for which the license is to be issued. (p) A statement as to whether or not the applicant is the beneficial owner of the business to be licensed. (q) A statement as to whether or not the applicant will be personally and actively involved in the operation of the business to be licensed. (r) A statement as to whether or not the business is or will be managed by a manager or agent. (s) A statement as to the nature of the business and the amount of anticipated alcoholic liquor sales as a percentage of gross annual sales of the business. (t) A statement that the applicant is not disqualified from receiving a license by reason of any matter or item contained in the laws of the state of Illinois, this Chapter, or any other code or ordinance of the City. (u) A statement that the applicant will not violate any federal or state of Illinois laws, or this Chapter, or any other code or ordinance of the City in the conduct of the applicant's business. (v) If the applicant is a foreign corporation, a statement as to whether or not it is qualified under the Illinois business corporations act of 1983, 215 ILCS 125/3-1 et. seq, to transact business in Illinois. (w) If the business to be operated pursuant to the local liquor license is operating under an assumed name, a statement that the applicant has complied with the Illinois assumed business name act and other applicable laws. (x) Such other statements or information as may be necessary to demonstrate that the applicant, the applicant's business, and the premises from which such business will be conducted satisfy all conditions and requirements applicable to the local liquor license being sought. (4)Examination Of Applicant: At any time during the pendency of an application, the Commissioner shall have the right to compel the applicant to submit to any examination and to produce any books and records which, in the judgment of the Commissioner, are material to the determination of whether the applicant and the applicant's business are qualified to 160 19 #12608852_v810 receive a local liquor license or whether the premises sought to be licensed is suitable for such purposes. The Commissioner shall also have the right to require the applicant to answer any charges made in any objection to the issuance of the license. The failure of any applicant to appear at the time and place fixed by the Commissioner for his or her examination or to produce books and records requested, unless for good cause shown, shall be deemed to be admission that the applicant is not qualified to receive a local liquor license and a request to withdraw the application. (5)Investigation And Disclosure Of Information Contained In Application; Waiver Of Claims: By applying for, or providing information in support of an application for, a local liquor license, every person so applying or providing information thereby: (a) Authorizes any person to disclose, and the City to investigate, all inf ormation pertaining to such application; (b) Waives any and all claims against the City; and (c) Agrees to indemnify and hold harmless the City and its elected and appointed officials, officers, boards, commissioners, attorneys, employees, agents, and representatives from any and all claims resulting from, or arising out of, or alleged to result from or arise out of the processing of such application and any investigation related thereto. Each such person shall consent to and sign any written authorization, wa iver, and indemnification agreement as the City may require in connection with the processing of such application and any investigation related thereto, but no such separate authorization, waiver, or indemnification shall be required to make effective the terms of this subsection. (6)Denial Or Issuance Of License: If after review of an application and all relevant facts, the Commissioner determines that the application should be denied, the Commissioner shall notify the applicant within a reasonable time, in writing, stating the reasons for the denial, but otherwise shall issue the local liquor license as soon as all fees required by this Chapter have been paid and all other requirements of this Chapter have been satisfied. (7)Supplemental Information Following Issuance: Any change in information provided on, or in connection with, any application for a local liquor license that does or might affect the right of any licensee to continue to hold a local liquor license shall be reported in writing to the Commissioner within ten (10) days after the change. All such changes shall be subject to review and approval by the Commissioner in the same manner as the original application. When any such change affects the ownership of any partnership licensee or any director, officer, manager, or person owning or controlling more than five percent (5%) of the shares of any corporate licensee, all such persons that have not previously submitted information pursuant to the application process, shall, within ten (10) days after such change, submit all information required of a new applicant. (8) Mandatory Alcohol Awareness Training: (a) It shall be the responsibility of each licensed establishment which sells alcoholic liquor to provide certified training from the state licensed beverage alcohol seller server education training (BASSET) program or training for intervention procedures (TIPS) program to its liquor managers, bartenders, servers, and any other employee involved in the furnishing of alcoholic beverages to its customers. 161 20 #12608852_v810 (b) It shall be the responsibility of each licensed establishment which sells alcoholic liquor for consumption on the premises to have present on the premises at all times when alcoholic liquor may legally be sold, a manager or other employee in charge of such establishment who shall have successfully completed a training program for servers and sellers licensed by the Illinois department of alcohol and substance abuse and approved by the commissioner. (c) The initial application and all subsequent renewal applications for all classes of alcoholic liquor dealer's licenses shall be accompanied by proof of completion (copy of certificate) of such program licensed by the state by all liquor managers and such other current employees as are necessary to comply with the provisions of subsection 8(a) of this section. (9)Application Fee: Any application shall be accompanied by a nonrefundable administrative processing fee of three hundred dollars ($300.00)for new licenses or one hundred fifty dollars ($150.00) for renewal licenses and applications for change in owners or officers. Sec. 4-17. INELIGIBILITY FOR LOCAL LIQUOR LICENSE-- No local liquor license shall be issued or renewed to: (1)A person who is not a permanent resident of the City; provided, however, that this subsection shall not prohibit the issuance of a local liquor license to a corporation and provided further, however, that this subsection shall not prohibit the issuance of a local liquor license to a partnership where at least one general partner is a permanent resident of the City or an area within ten (10) miles of the corporate limits of the City; (2)A person who is not of good character and reputation in the community; (3)A person who is not a citizen of the United States; (4)A person who has been convicted of a felony under any federal or state law; (5)A person who has been convicted of being the keeper, or is keeping, a house of ill fame; (6)A person who has been convicted of pandering or any other crime or misdemeanor opposed to decency and morality; (7)A person whose local liquor license has been suspended more than once for cause within one year immediately prior to the present application if the Commissioner determines that the applicant is no longer worthy of the public trust; (8)A person whose license issued under this Chapter has been revoked for cause; (9)A person who at the time of application for renewal of a local liquor license would not be eligible for such license upon a first application; (10)A person whose place of business is managed by a manager or agent unless said manager or agent possesses the qualifications required of an individual licensee other than residency in the City; 162 21 #12608852_v810 (11)A person who has been convicted of a violation of any federal or state law or local ordinance concerning the manufacture, possession, or sale of alcoholic liquor, or who has forfeited his or her bond to appear in court to answer charges for any such alleged violation; (12)A person who does not beneficially own the premises for which a local liquor license is sought or does not have a lease thereon for the full period for which such local liquor license is to be issued; (13)A person who is not the beneficial owner of the business to be licensed; (14)A person who has been convicted of a gambling offense as proscribed by any state or federal law or regulation or who has forfeited his or her bond to appear in court to answer charges for any such alleged violation; (15)A person to whom a federal gaming device stamp or a federal wagering stamp has been issued by the federal government for the current tax period; (16)A person applying for a license with respect to premises for which a federal gaming device stamp has been issued for the current taxable year; (17)A person applying for a license with respect to premises on which the retail sale of alcoholic liquor would violate any provision of this code; (18)A person who will not be personally and actively involved in the operation of the business to be licensed, either directly or through a manager identified in the license application; (19)A co-partnership, unless all members thereof shall be qualified to obtain a license; provided, however, that the requirement of active involvement in Subsection (18) of this Section shall apply to only one such partner; (20)A corporation, if any director, officer, or manager thereof, or any person owning or controlling more than five percent (5%) of the stock thereof,or a limited liability company, if any member or manager thereof,would not be eligible to receive a license hereunder for any reason other than citizenship and residence or the requirement of active involvement in Subsection (18) of this Section; (21)A corporation, unless it is incorporated in the state of Illinois or is a foreign corporation that is qualified under the Illinois business corporations act of 1983, 215 ILCS 125/3-1 et seq., to transact business in the state of Illinois; or (22)Any law enforcing public official, any Mayor, Alderman, or member of the City Council, any chairperson or member of a county board, and no such official shall be interested in any way, either directly or indirectly, in the manufacture, sale, or distribution of alcoholic liquor; (23)Any person, association,partnership, limited liability company,or corporation not eligible for a State Liquor License. (24) A person who has made any omission or false statement in the application required under this Chapter. 163 22 #12608852_v810 Sec. 4-18.CONDITIONS FOR ISSUANCE, MAINTENANCE AND RENEWAL OF LOCAL LIQUOR LICENSE-- (1)State License Required: All local liquor licenses shall be conditioned on the acquisition and maintenance in good standing by the applicant and licensee of a state liquor license. No local liquor license shall authorize the retail sale of any alcoholic liquor until proof of acquisition of such state liquor license is furnished to the Commissioner. If any state liquor license sought or held by a licensee is refused, suspended, or revoked, then such licensee shall be deemed in violation of this Chapter and such licensee's local liquor license shall be subject to revocation. (2)Insurance Required: All local liquor licenses shall be conditioned on the acquisition and maintenance in good standing by the applicant and licensee of general liability insurance in the amounts of at least two million dollars ($2,000,000.00) for injury or death to any person and two million dollars ($2,000,000.00) for damage to property and dram shop liability insurance at least to the maximum amount recoverable under applicable state statutes. Before any local liquor license may be issued, the applicant shall furnish the Commissioner with a certificate from an insurance company authorized to do business in the State certifying that the applicant has such insurance policies in force for the full period for which the local liquor license is to be issued. With respect to F-2 and F-3 licenses, such licenses shall be conditioned on the acquisition and maintenance in good standing by the applicant and licensee of general liability insurance in the amounts of at least one million dollars ($1,000,000.00) for injury or death to any person and one million dollars ($1,000,000.00) for damage to property; provided that nothing in this provision shall excuse a F-2 or F-3 licensee from complying with State Dram Shop Insurance requirements. (3)Bond Required: All local liquor licenses shall be conditioned on the acquisition and maintenance in good standing by the applicant and licensee of a surety bond in favor of the City in the amount of two thousand dollars ($2,000.00) to the City. Before any local liquor license may be issued, the applicant shall furnish such bond. Such bond shall be forfeited automatically on revocation of the local liquor license for which the bond was furnished if revocation was for cause. (4)Termination Due To Individual Change: When a local liquor license has been issued to an individual who is discovered to be, or who becomes, ineligible for such local liquor license, the licensee shall be deemed in violation of this Chapter, and such licensee's local liquor license shall be subject to revocation. (5)Termination Due To Partnership Change: When a local liquor license has been issued to a partnership, and a change of ownership occurs resulting in any person that is ineligible to hold a local liquor license acquiring a partnership interest, the licensee shall be deemed in violation of this Chapter, and such licensee's local liquor license shall be subject to revocation. (6)Termination Due To Corporate Change: W hen a local liquor license has been issued to a corporation or limited liability company, and a change occurs in any of the directors, officers, managers, stockholders of more than five percent (5%) of the stock, or members with more than a five percent (5%) interest resulting in any person that is ineligible to hold a local liquor license becoming a director, officer, manager, stockholder of more than five percent (5%), or member with more than a five percent (5%) interest, the licensee shall be deemed in violation of this Chapter, and such licensee's local liquor license shall be subject to revocation. 164 23 #12608852_v810 (7)Cessation Or Interruption Of Business: Any licensee who ceases to do business or closes his or her place of business for a period of more than thirty (30) days without the prior written consent of the Commissioner shall be deemed in violation of this Chapter, and such licensee's local liquor license shall be subject to revocation. A licensee who intends to cease to do business or who intends to close his or her place of business for more than thirty (30) days shall give the Commissioner written notice of such cessation or closing as soon as practical after the decision to cease business or close is made, but in any event before the cessation or closing. Such notice shall state the expected date of cessation or closing and the reason therefor. ART. IV ESTABLISHMENTS Sec. 4-19.CONSUMPTION ON THE PREMISES --- It shall be unlawful for anyone to sell or offer for sale any alcoholic liquor for consumption on the premises where sold or to permit any one to consume alcoholic liquor on such premises except as provided by the authorization granted under the provisions of Section 4-9 of this Chapter for the several classes of licenses described therein. Sec. 4-20 SANITARY CONDITIONS--- All premises used for the retail sale of a lcoholic liquor or for the storage of such liquor, for such sale, shall be kept in a clean and sanitary condition, and shall be kept in full compliance with the ordinances regulating the condition of premises used for the storage or sale of food for human consumption. AR T. V SALES Sec. 4-21.SALES OF ALCOHOLIC LIQUOR. (1)Sales Restricted To Licensed Premises: A local liquor license shall permit the sale of alcoholic liquor only at the licensed premises and only in compliance with the terms of that license. (2)Sales To Certain Persons: (a) Sales Prohibited: No licensee, and no agent of any licensee, shall sell, give, or deliver any alcoholic liquor to any person who is, or who appears to be, intoxicated, or known by the licensee or agent to be a habitual drunkard, spendthrift, insane, mentally ill, mentally deficient, or in need of mental treatment. (b) Secondary Transfer Prohibited: No person, af ter purchasing or otherwise obtaining alcoholic liquor, shall sell, give, or deliver such alcoholic liquor to any person who is, or who appears to be, intoxicated, or known by the person to be a habitual drunkard, spendthrift, insane, mentally ill, mentally deficient, or in need of mental treatment. (3)Responsibility for Unlawful Sales. Any sales made in violation of the provisions of this Chapter shall be the responsibility of both any individual or individuals involved in such sales as well as the licensee under whose authority such sales were made. A ny such licensee shall be subject to fine, license suspension, and/or license revocation for any such violation. 165 24 #12608852_v810 Sec. 4-22.PROHIBITIONS REGARDING MINORS-- (1)Sales To Minors: (a) Sales Prohibited: No licensee, and no agent of any licensee, shall sell, give, or deliver any alcoholic liquor to any minor. (b)Responsibility of Owner: No licensee shall permit any minor to remain in any room or compartment adjoining or adjacent to or situated in the room or place where such licensed premises are located; provided that this Paragraph shall not apply if the minor is accompanied by his or her parent or guardian, or to any licensed premises which derives its principal business from the sale of services commodities other than alcoholic liquor. (c) Secondary Transfer Prohibited: No person, after purchasing or otherwise obtaining alcoholic liquor, shall sell, give, or deliver such alcoholic liquor to any minor; provided, however, that this Subsection (1)(c) shall not prohibit the consumption of alcoholic liquor by a minor in the performance of a religious ceremony or in the home of such minor pursuant to the approval and supervision of the parent or legal guardian of such minor. (d) Identification Required: If a licensee or any agent of a licensee believes or has reason to believe that a sale or delivery of alcoholic liquor is prohibited because the prospective recipient may be a minor, then the licensee or licensee’s agent shall, before making such sale or delivery, demand adequate written evidence of age. (i) For the purpose of preventing a violation of this Section, any licensee, and any agent of a licensee, may refuse to sell alcoholic liquor to any individual who is unable to produce adequate written evidence of identity and age. (ii) For purposes of this Section, "adequate written evidence of identity and age" means a document issued by a federal, state, county, or municipal government, including, but not limited to, a motor vehicle operator's license, a registration certificate issued under the federal selective service act, or an identification card issued to a member of the armed forces. (iii) Proof that the licensee, or an agent of the licensee, demanded, was shown, and reasonably relied on adequate written evidence of identity and age in any transaction forbidden by this Section is an affirmative defense in any proceeding for the suspension or revocation of any local liquor license based on the occurrence of such forbidden transaction. However, it shall not be an affirmative defense if the licensee, or an agent of the licensee, accepted any written evidence of identity or age knowing it to be false or fraudulent. (iv) Warning Required: Every licensee shall display at all times, in a prominent and conspicuous place within the licensed premises, a printed card supplied by the City clerk reading substantially as follows: WARNING TO PERSONS UNDER 21 YOU ARE SUBJECT TO A FINE UP TO $750 UNDER THE ORDINANCES OF THE CITY OF LAKE FOREST IF YOU PURCHASE ALCOHOLIC LIQUOR OR IF YOU 166 25 #12608852_v810 MISREPRESENT YOUR AGE FOR THE PURPOSE OF PURCHASING OR OBTAINING ALCOHOLIC LIQUOR. (2)Consumption, Purchase And Possession Prohibited: No minor shall consume alcoholic liquor, purchase alcoholic liquor, accept a gift of alcoholic liquor, or have alcoholic liquor in his or her possession; provided, however, that this Subsection (2) shall not prohibit the consumption of alcoholic liquor by a minor in the performance of a religious ceremony or service or in a home pursuant to the direct supervision and approval of the parent or legal guardian of such minor. (3)False Identification Prohibited: (a) Misrepresentation Prohibited: It shall be unlawful for any minor to misrepresent his or her age for the purpose of purchasing or obtaining alcoholic liquor. It shall be unlawf ul for any minor to present or offer to any licensee, or to the agent of any licensee, any written, printed, or photostatic evidence of identity or age that is false, fraudulent, or not his or her own for the purpose of ordering, purchasing, attempting to purchase, or otherwise procuring or attempting to procure alcoholic liquor. It shall be unlawful for any minor to have in his or her possession any false or fraudulent written, printed, or photostatic evidence of identity or age. (b) Transfer And Alteration Of Identification Prohibited: It shall be unlawful for any minor to transfer, alter, or deface any written, printed, or photostatic evidence of identity or age or to obtain any written, printed, or photostatic evidence of identity or age by means of false or fraudulent information. (c) Conveyance Of False Identification Prohibited: It shall be unlawful for any person to sell, give, or furnish to any other person any false or fraudulent written, printed, or photostatic evidence of identity or age. It shall be unlawful for any person to sell, give, or furnish to any other person any evidence of identity or age with the knowledge or intent that such evidence will be used to circumvent the provisions of this Chapter. (4)Handling Prohibited: It shall be unlawful for a person to tend any bar in a licensed premises when such person is prohibited by law or Ordinance from purchasing, accepting, having in possession or consuming alcoholic liquors. (5)Parental Responsibility: It shall be unlawful for any parent or legal guardian intentionally or knowingly to permit any minor for whom the parent or guardian is responsible to violate any provision of this Chapter. (6) Social Hosting: (a)Prohibited Gatherings (i)It is unlawful for any Person to Host, or fail to take Reasonable Steps to prevent a G athering at any Residence or Site, other private property, Public Place, or in any Conveyance, over which that Person has control or a reasonable opportunity for control where Illicit Drugs or Alcoholic Liquor have been consumed by a Minor, if such Person either knew or reasonably should have known that a Minor was consuming any Illicit Drugs or Alcoholic Liquor. 167 26 #12608852_v810 (ii)A Person who Hosts a Gathering shall be deemed to have known or should have known that a Minor was consuming Illicit Drugs or Alcoholic Liquor if: (a) such Person is present at the Site of the Gathering at the time any Minor consumes Illicit Drugs or Alcoholic Liquor, or (b) such Person has not taken appropriate Reasonable Steps to prevent the consumption of I llicit Drugs or Alcoholic Liquor by Minors. A Person who Hosts a Gathering does not have to be present at the Gathering to be liable under this ordinance. (iii)It is the duty of any Person who Hosts a Gathering at his or her place of Residence or other private property, Public Place, any other Site under his or her control, or in any Conveyance, where Minors will be present, to take appropriate Reasonable Steps to prevent the consumption of Illicit Drugs or Alcoholic Liquor by any Minor at the Gathering. (b)Exceptions (i)This Subsection shall not apply to conduct involving the use of Alcoholic Liquor that occurs at a Religious Ceremony or exclusively between a Minor and his or her Parent, as permitted by Illinois State Law. (ii)A Person who Hosts a Gathering shall not be in violation of this Section 4-22(6) if he or she: (a) seeks assistance from the police department or other law enforcement agency to remove any Minor who refuses to abide by the Person’s performance of the duties imposed by this Section 4-22(6) or to terminate the Gathering because the Person has been unable to prevent Minor(s) from consuming Illicit Drugs or Alcoholic Liquor despite having taken appropriate Reasonable Steps to do so, as long as such request is made before any other Person makes a complaint about the Gathering; or (b) advises law enforcement in advance of departing one’s Residence that the owner will be away and no Minor is authorized to be present and consume Alcoholic Liquor at the owners Residence. (7)Use Of Rented Room For Consumption By Minors: No person shall rent a hotel or motel room from the proprietor or agent thereof for the purpose of or with the knowledge that such room shall be used for the consumption of alcoholic liquor by minors. (8)Proof Of Consumption Or Possession: There shall be a rebuttable presumption that a minor has consumed or possessed alcoholic liquor in violation of this Section where either: (a) The presence of alcoholic liquor in a minor's body is shown by a measurement of blood alcohol concentration; or (b) The arresting officer: (i) Observes one or more recognized indicia of the presence of alcoholic liquor in a minor's body, including, without limitation, an odor of alcoholic liquor on the minor's breath or impaired motor coordination or speech; and (ii) Offers the minor an opportunity to submit to a blood, urine, or breath test to determine if alcoholic liquor is present in the minor's body and the minor refuses to take such a test. 168 27 #12608852_v810 Sec. 4-23. HOURS OF OPERATION--- It shall be unlawful for any holder of a liquor license issued under this Chapter, to sell or offer for sale any alcoholic liquor in the City between the hours of one (1:00) o’clock and six (6:00) o'clock in the morning on any day. Notwithstanding the foregoing: (a)Sale of alcoholic liquors for on-premises consumption may not occur in outdoor dining areas after the earlier of (i) 12:00 midnight, (ii) the close of restaurant operations at such licensed premises, or (iii) as otherwise limited by ordinance or any conditions placed on the liquor license. (b)Any licensee whose business operations include activities other than the sale of alcoholic liquor may continue to operate between the hours of 1:00 a.m. and 6:00 a.m. provided that: (i) such operations may otherwise continue to operate during such hours under applicable laws; and (ii) the facilities involved in the sale of alcoholic liquor must either be segregated from other facilities in the licensed premises or must be capable of being locked during the hours of 1:00 and 6:00 a.m. Sec. 4-24. AL COHOLIC LIQUOR IN PUBLIC PLACES AND MOTOR VEHICLES-- (1)Consumption And Possession Of Open Containers In Public Places Prohibited: Except as may otherwise be expressly permitted, it shall be unlawful for any person to consume, or to possess open containers of, alcoholic liquor in any public building or on any public property or right of way. (2)Public Intoxication Prohibited: It shall be unlawful for any person to be in an intoxicated condition in any public building or on any public property or right of way. (3)Public Disturbance Prohibited: It shall be unlawful for any person to be in an intoxicated state in any private house or place to the disturbance of any other person. (4)Possession Of Open Liquor In Motor Vehicles Prohibited: It shall be unlawful for any person to transport, carry, or possess any alcoholic liquor in or about any motor vehicle on any public right of way except in the original package with the seal unbroken, or as otherwise authorized by state law. AR T. VI HEARINGS Sec. 4-25.VIOLATIONS, COMPLAINTS, HEARINGS, AN D DISCIPLINARY ACTIONS BEFORE COMMISSIONER-- (1)Violation Determined By Commissioner: The Commissioner may suspend for not more than thirty (30) days or revoke any local liquor license, and in addition to any suspension may fine any licensee, for any violation of any liquor law (including the failure of the licensee to pay any license cost or fee or any tax imposed on alcoholic liquor or the sale thereof) committed or permitted by the licensee or any agent of the licensee, or which occurs at the licensed premises, or for which the licensee or any agent of the licensee is otherwise legally responsible. (a) Suspension; Revocation; Fine: Except as provided in Subsection (1)(b) of this Section, no local liquor license shall be revoked or suspended, and no fine shall be imposed on any licensee, except after a public hearing before the Commissioner. 169 28 #12608852_v810 (b) Summary Suspension: If the Commissioner has reason to believe that any continued operation of any licensed premises poses a threat to the welf are of the community, then the Commissioner may, on the issuance of a written order stating the reason for such conclusion and without notice or hearing, order a licensed premises closed for not more than seven (7) days, during which time the licensee shall be afforded an opportunity to be heard; provided, however, that if such licensee also conducts another business or businesses on the licensed premises, no closing order issued pursuant to this Subsection (1)(b) shall be applicable to such other business or businesses. (2)Violation Determined By Court: W henever any licensee, or any agent of a licensee, shall be found in any court to have violated any liquor law, the local liquor license of said licensee may, in the discretion of the Commissioner, be revoked. (3)Complaints: (a) Any five (5) residents of the City may file a complaint with the Commissioner alleging that a licensee has been or is violating any liquor law. (i) Every such complaint shall be in writing, shall be in the form prescribed by the Commissioner, shall be signed and sworn to by the complaining residents and shall state the particular liquor law alleged to have been violated and the facts in detail supporting such allegation. (ii) If the Commissioner is satisfied that there is probable cause to believe a violation has occurred, the Commissioner shall set the matter for hearing and shall serve notice on the complainant and the licensee of the time and place of such hearing and of the particular charges in the complaint to be considered at such hearing. (b) On complaint of the State of Illinois department of revenue, the Commissioner shall refuse the issuance or renewal of any local liquor license, or shall suspend or revoke any local liquor license, for any of the following violations of any tax act administered by the Illinois department of revenue: (i) Failure to file a tax return. (ii) Filing of a fraudulent return. (iii) Failure to pay all or any part of any tax or penalty finally determined to be due. (iv)Failure to keep proper books and records. (v) Failure to secure and display a certificate or subcertificate of registration. (vi) Willful violation of any rule or regulation of the state of Illinois department of revenue relating to the administration and enforcement of tax liability. (4)Hearings: No local liquor license shall be revoked or suspended, and no licensee shall be fined, except after a public hearing held before the Commissioner, except as provided in 170 29 #12608852_v810 Subsection 4-25(1)(b). No such hearing shall be held until at least three (3) days after the licensee has been given written notice affording the licensee an opportunity to appear and defend. All such hearings shall be open to the public. The Commissioner shall reduce all evidence to writing and shall maintain an official record of the proceedings. Within five (5) days after the hearing, if the Commissioner determines that the licensee should be disciplined, the Commissioner shall issue a written order stating the reason or reasons for such determination. The order shall state that the license has been revoked, or the period of suspension, and the amount of the fine, if any. The Commissioner shall serve a copy of the order on the licensee within said five (5) day period. If a violation is found to have occurred, the Commissioner may establish conditions that must be satisfied prior to the reinstatement of the liquor license. (5)Appeal From Commissioner: Appeals from the decision of the Commissioner shall be taken to the Illinois liquor control commission in the manner provided by law. Every review by the Illinois liquor control commission shall be limited to a review of the official record of the proceedings of the Commissioner. (6)Fines: The Commissioner may impose a fine on a licensee pursuant to this Section in an amount not to exceed one thousand dollars ($1,000.00) for each violation. No licensee shall be fined more than ten thousand dollars ($10,000.00) during the term of such licensee's local liquor license. (7)Separate Offenses: Each day on which or during which any person violates any of the provisions of this Chapter, and each separate act or transaction in violation of this Chapter, shall constitute a separate offense. AR T. VII FINES AND PENALTIES Sec. 4-26. FINES AND PENALTIES-- Except where higher minimum penalties are established by statute, and in addition to the penalties provided in Section 4-25 of this Chapter, any person who violates any provision of this Chapter may be fined not less than fifty dollars ($50.00) nor more than seven hundred fifty dollars ($750.00) for the first such violation and not less than one hundred dollars ($100.00) nor more than seven hundred fifty dollars ($750.00) for the second and each subsequent violation. Each day on which a violation occurs shall constitute a separate violation. Sec. 4-27.Social Hosting Penalties and Fines. Any Person who violates or assists in the violations of a ny provisions of S ection 4-22(6) of t his Chapter shall be deemed to have committed a petty offense and shall reimburse the City for any Response Costs incurred and be fined not more than the amounts set forth below for each such violation. Each day on which, or during which, a violation occurs shall constitute a separate offense: (a)The first violation of this Section shall be punishable by a fine of no less than two hundred fifty dollars ($250.00) nor more than one thousand dollars ($1,000.00). (b)A second violation of this Section by the same responsible Person, within a twelve-month period shall be punishable by a fine of no less than five hundred dollars ($500.00) nor more than fifteen hundred dollars ($1,500.00). 171 30 #12608852_v810 (c)A third or subsequent violation of this Section by the same responsible Person, within a twelve-month period shall be punishable by a fine of no less than one thousand dollars ($1,000.00) nor more than twenty-five hundred dollars ($2,500.00). SECTION THREE: Fees.Upon the effective date of this ordinance, the fees for liquor licenses authorized under Chapter 4 of the City Code shall be as set forth in Exhibit A to this Ordinance. SECTION FOUR:Effective Date. This Ordinance shall be in full force and effect upon its passage, approval, and publication in pamphlet form in the manner provided by law. Passed this ____ day of _________________________, 2013. AYES: NAYS: ABSENT: ABSTAIN: Approved this __ day of _________________________, 2013. _____________________________ Mayor ATTEST: _______________________________ City Clerk 172 31 #12608852_v810 EXHIBIT A Fees Class Fee A-1 $2,700 A-2 $1,500 A-3 $ 275 B-1 $2,500 C-1 $2,600 C-2 $3,000 C-3 $ 800 D-1 $2,500 E-1 $3,000 F-1 $ 100 F-2 $ 175 for each 24 hour period or any part thereof F-3 $ 100 for each 24 hour period or any part thereof F-4 $ 500 per vendor for the duration of the duration of the sporting event F-5 $1,100 F-6 $ 600 G-1 $ 200 G-2 $ 600 H-1 $ 600 H-2 $1,100 I-1 None All fees identified shall be per year, unless otherwise noted. 173 Document comparison by Workshare Compare on Wednesday, May 15, 2013 2:08:41 PM Input: Document 1 ID interwovenSite://HKDMS/Active/12608852/8 Description #12608852v8<Active> -LF -Chapter 4 -Alcoholic Beverages -Liquor Regulations -Revised Document 2 ID interwovenSite://HKDMS/Active/12608852/10 Description #12608852v10<Active> -LF -Chapter 4 -Alcoholic Beverages -Liquor Regulations -Comprehensive Revision Rendering set standard Legend: Insertion Deletion Moved from Moved to Style change Format change Moved deletion Inserted cell Deleted cell Moved cell Split/Merged cell Padding cell Statistics: Count Insertions 62 Deletions 23 Moved from 0 Moved to 0 Style change 0 Format changed 0 Total changes 85 174 Page 1 of 3 THE CITY OF LAKE FOREST ORDINANCE NO. 2013-___ AN ORDINANCE AMENDING CHAPTER 46, SECTION 10(E), OF THE CITY CODE, AS AMENDED, RELATING TO FENCES IN RAVINES AND ON BLUFFS WHEREAS, The City of Lake Forest is a home rule, special charter municipal corporation; and WHEREAS, from time to time it is appropriate to review, update and modify the City Code to assure that it is clear and appropriately detailed and to address new issues that may arise; and WHEREAS, at the direction of the City Council, the Plan Commission considered whether provisions should be added to the Code regulating the placement of fences in ravines and bluffs for the purposes of protecting sensitive environmental areas, preserving community character and maintaining property values; and WHEREAS, the Plan Commission considered and held a public hearings on the proposed amendment on January 24, 2013 and on April 10, 2013 in accordance with Code requirements; and WHEREAS, the Mayor and City Council, having considered the recommendations of the Plan Commission, have determined that adopting this Ordinance and amending the Code provisions relating to the Plan Commission as hereinafter set forth, will be in the best interests of the City and its residents; NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF LAKE FOREST, COUNTY OF LAKE, STATE OF ILLINOIS, as follows: SECTION ONE: Recitals. The foregoing recitals are hereby adopted by this reference as the findings of the City Council and are hereby incorporated into this Section as if fully set forth. SECTION TWO: Amendment to Chapter 46, Section 10(E) Section 10(E), entitled " Fence, Wall, Planting Locations and Height Limitations," of Chapter 46, entitled "Zoning Code" is hereby amended by adding the following language to Section 46-10(E )which shall hereafter be and read to include the following: 175 Page 2 of 3 SECTION 46-10(E) Fence, Wall, Planting Location and Height Limitations **** 5. RAVINES AND BLUFFS a. Prohibition. Fences are not permitted on slopes beyond Ravine or Bluff Edges as defined in Section 2 of this Chapter. b. Variance Criteria. The Zoning Board of Appeals may consider requests for variances from the requirements of this Section to allow fences on slopes beyond Ravine or Bluff Edges. In consideration of such variances, the Zoning Board of Appeals, in addition to the standards for variances in Section 46-21F(1) of the City Code, shall require evidence demonstrating the following: (i) the slope of the Ravine or Bluff Area to be impacted by the proposed fence is stable as demonstrated by a slope stability analysis and report prepared by a licensed engineer; (ii) neither the construction of the fence, nor the ongoing maintenance of the fence will negatively impact the stability of the slope or existing vegetation or trees. This does not include trees or vegetation that may otherwise be approved for removal consistent with the Code; (iii) the proposed location of the fence does not impede overland drainage routes; (iv) the proposed location does not require the removal or negatively impact any heritage trees; and (v) the fence is black or dark green open chain link or a similar minimally sight obscuring material approved by the City which preserves the overall natural appearance of the Ravine or Bluff. c. Fences located on slopes beyond Ravine or Bluff Edges at the time of adoption of this provision may remain for a period not to exceed 10 years from the date of adoption of this provision, until ____________, (the “Amortization Period”); provided however, that such fences may only be allowed to remain during the Amortization Period under the following conditions:-. Compliance with the conditions, or lack thereof, shall be determined at the sole discretion of the City. (i) the fence creates no material impairment to natural drainage, public safety or the stability of neighboring property; 176 Page 3 of 3 (ii) the fence is maintained in good repair and in an upright position, repairs shall not include or permit excavation or the setting of new posts on the slope of the ravine or bluff; and (iii) the property upon which the fence is located remains in the same ownership as exists on the commencement of the Amortization Period. SECTION THREE: Effective Date. This ordinance shall be in full force and effect upon its passage, approval, and publication in pamphlet form in the manner provided by law. Passed this day of , 2013 AYES: NAYS: ABSENT: ABSTAIN: Approved this day of , 2013 Mayor ATTEST: City Clerk 177