CITY COUNCIL 2013/10/07 Agenda
THE CITY OF LAKE FOREST
CITY COUNCIL AGENDA
Monday, October 7, 2013 7:30 pm
City Hall Council Chambers
Honorable Mayor, Donald Schoenheider
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
CALL TO ORDER AND ROLL CALL 7:30 p.m.
PLEDGE OF ALLEGIANCE
REPORTS OF CITY OFFICERS
1. COMMENTS BY MAYOR 7:35 p.m.
A. Appointments by Mayor
GORTON COMMUNITY CENTER BOARD
TASK FORCE TO EXPLORE SHARED OPPORTUNITIES RELATED TO PARKS & REC
A copy of the Volunteer Profile Sheet can be found on page 11 of your City
Council packet.
RECOMMENDED ACTION: Approve appointments recommended by Mayor
Schoenheider
2. COMMENTS BY CITY MANAGER 7:40 p.m.
A Report on installation of Electric Vehicle Charging Station in City Hall
lot.
3. COMMENTS BY COUNCIL MEMBERS 7:40 p.m.
NAME OF MEMBER APPOINT/REAPPOINT WARD
Sally Downey Appoint 1
NAME OF MEMBER APPOINT WARD
Mike Adelman Appoint 4
Tighe Magnuson Appoint 2
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October 7, 2013 City Council Agenda
4. OPPORTUNITY FOR CITIZENS TO ADDRESS THE CITY COUNCIL ON NON-AGENDA
ITEMS
5. ITEMS FOR OMNIBUS VOTE CONSIDERATION 7:50 p.m.
1. Approval of the September 16, 2013 City Council minutes.
A Copy of the minutes can be found beginning on page 13
2. Check Register
Check Register For Period August 24 - September 27, 2013
Fund Invoice Payroll Total
General 638,957 1,696,134 2,335,092
Water & Sewer 102,134 169,200 271,334
Parks & Recreation 159,115 459,817 618,932
Capital Improvements 1,348,455 0 1,348,455
Bond Funds - Projects 0 0 0
Motor Fuel Tax 0 0 0
Cemetery 3,186 25,203 28,389
Senior Resources 15,024 29,344 44,367
Deerpath Golf Course 76,866 68,879 145,745
Fleet 133,848 53,240 187,088
Debt Funds 500 0 500
Housing Trust 75,000 0 75,000
Park & Public Land 0 0 0
All other Funds 550,618 205,425 756,044
$ 3,103,705 $ 2,707,240 $ 5,810,945
3. Approval of Use Agreement for the Wildlife Discovery Center
STAFF CONTACT: Mary Van Arsdale, Director of Parks & Recreation (810-3918)
PURPOSE AND ACTION REQUESTED: Staff recommends approving a long term Use
Agreement for the space designated for the Wildlife Discovery Center (WDC) located
within the Elawa Farm Buildings, 1401 Middlefork Drive, Lake Forest, IL. This Use Agreement
was prepared with direction from the Office of the City Manager, Holland & Knight and
the Elawa Commission, and similar agreements will be required for all organizations
seeking long-term dedicated space at the Elawa Farm Buildings. The WDC is the first of
such organizations to bring their agreement forward for approval. A copy of the Use
Agreement is enclosed.
BACKGROUND/DISCUSSION: The Wildlife Discovery Center was established in 1997 and
was housed at the Recreation Center. With the acquisition of the Elawa Farm Buildings,
the Wildlife Discovery Center relocated to this site in November 2002. At that time The City
and WDC entered into a 20 year use agreement for approximately 1,858 square feet of
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October 7, 2013 City Council Agenda
space (which later was determined to be 1,414.71 square feet) with payment beginning
in FY2005 on an annual payment of $6,659 plus utilities. WDC relocated a portion of its
space from the visitors’ center to the workshop in 2009 thereby altering its current square
footage of leasable space to 2,234.26 square feet.
Also during these years, Elawa Farm was renovated and multiple organizations began to
use the space. As operations began to flourish, it became evident that it would be
necessary to memorialize the parameters of use and clearly designate spaces and
expenses attributable to each user that was fair and equitable. The City also set the terms
to have users of the property cover all costs related to the property. As a result, The City
enlisted Bruce Reid who established a square footage rate that would be applied
universally to each long term user of the space, such as the WDC. In 2010, the WDC’s
facility costs were then increased to this new rate.
The attached Use Agreement and its Exhibits (begin on page 18) provide the terms and
conditions for key use aspects including, but not limited to:
Use of Premises Floor Plans
Storage Cabinets and Storage Areas
Use of Common Areas
Outdoor Display Areas
Access Allowances
Premise Fees
Facility Conditions
And other such general terms such as insurance, default, indemnification, etc.
The benefits of a long-term Use Agreement are multiple as that is provides stability for
program development, ease of fiscal planning on an annual basis, clarity of
responsibilities to the facility and associated grounds, and a clear cost framework for
seeking outside support or grants.
BUDGET/FISCAL IMPACT: The WDC shall pay a fee for its use of the occupied premises and
storage area as set forth in Exhibit B. The total square footage of the Occupied Premises
is 2,234.26. The fee shall be payable in Twelve (12) equal monthly installments, with an
annual escalation equal to the annual increase in the Chicago Area Consumer Price
Index. This Premise Fee would be a component of annual budgets and will be paid for
from operational revenues from the Recreation Fund 220. The term of the Use Agreement
will run from May 1, 2013 through April 30, 2024, after which time it would automatically
renew annually. This evening staff is seeking approval of a 20 year Use Agreement with
the WDC and the amount of $24,974.55 for the first year.
COUNCIL ACTION: Approval of the Wildlife Discovery Center Use Agreement for the term
of May 1, 2013 through April 30, 2024, including its first year amount of $24,974.55.
4. Consideration of Ordinances Approving Recommendations from the Zoning
Board of Appeals. (First Reading, and if Desired by the City Council, Final
Approval)
STAFF CONTACT: Catherine Czerniak,
Director of Community Development (810-3504)
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October 7, 2013 City Council Agenda
The following recommendations from the Zoning Board of Appeals are presented to the City
Council for consideration as part of the Omnibus Agenda.
334 Chiltern Drive – The Zoning Board of Appeals recommended approval of a variance from
the rear yard setback to allow the addition of two dormers. A neighbor testified in support of
the petition. (Board vote: 7-0, approved)
707 Woodlawn Avenue – The Zoning Board of Appeals recommended approval of variances
to allow a small addition to encroach into the side yard setback and to allow a replacement,
detached garage to encroach into the side and rear yard accessory structure setbacks
generally in the location as the existing deteriorated garage. One neighbor submitted a letter
stating concerns about drainage in the neighborhood. The Board directed that the City
Engineer consider the neighbor’s concerns during the review of the grading and drainage plan
prior to the issuance of building permits. (Board vote: 7-0, approved)
The Ordinances approving the petitions as recommended by the Zoning Board of Appeals,
including the conditions of approval and key exhibits, are included in the Council’s packet
beginning on page 35. The Ordinances and complete exhibits are available for review in the
Community Development Department.
COUNCIL ACTION: If determined to be appropriate by the City Council, waive first
reading and grant final approval of the Ordinances approving the petitions in
accordance with the Zoning Board of Appeals’ recommendation.
5. Consideration of an Ordinance Approving a Recommendation 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 recommendation from the Building Review Board is presented to the City Council
for consideration as part of the Omnibus Agenda.
Amberley Woods Courtyard Homes - The Building Review Board recommended approval of
modifications to the architectural design and exterior materials for the previously approved
Amberley Woods Courtyard Homes. No changes are proposed to the overall development,
infrastructure, number or configuration of lots. The Board found that the proposed design
modifications are consistent and compatible with the originally approved architectural design.
Two letters were received in support of the revisions. Testimony was also presented to the
Board by neighbors to the south of Amberley Woods voicing drainage concerns. The Board
noted that the revised design reduces the amount of impervious surface in the development
slightly and confirmed that City engineering staff will review drainage plans as buildout occurs.
(Board vote: 4-0, approved)
The Ordinance approving the modifications as recommended by the Building Review Board,
with key exhibits attached, is included in the Council packet beginning on page 48. The
Ordinance and complete exhibits is available for review in the Community Development
Department.
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October 7, 2013 City Council Agenda
COUNCIL ACTION: If determined to be appropriate by the City Council, waive first
reading and grant final approval of an Ordinance approving the petition in accordance
with the Building Review Board’s recommendation.
6. Consideration of an Ordinance Approving Minor Modifications to the
Previously Approved Willow Lake Development as Recommended by the
Building Review Board and Plan Commission. (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 and Plan Commission are
presented to the City Council for consideration.
In June, 2006, the City Council approved the Willow Lake development, a residential
townhouse development located north of Field Court, across the lakes from Lake Forest
Academy. At the time of approval, Centrum was the developer and owner of the
property. During the economic downturn, the property was returned to the bank. Wells
Fargo, working with the Red Seal Development Company, is now ready to move forward
with the build out of this development. An assessment of the completeness and
condition of the infrastructure has been done and Red Seal is working with City
engineering staff to address outstanding items. The financial security for the project has
been renewed.
Recently, the Building Review Board considered proposed modifications to the square
footage, massing, architectural detailing and exterior materials for the duplex units and
the Plan Commission considered proposed slight property line shifts on the plat of
subdivision. The property line shifts allow for improved relationships between the
townhouse units, better orientation of the homes to the streetscape and modify a tree
preservation area in light of diseased ash trees on the property. The revised townhouse
units offer some options for smaller units than originally approved.
Importantly, the overall plan remains the same. The density of the development, number
of units, maximum size of units, pond configuration, internal circulation roads and do not
disturb areas near the lakes will all remain unchanged.
No testimony was presented on the proposed minor modifications. The Building Review Board
voted 3-1 to recommend approval of the modifications. The dissenting Board member noted
that overall, the Willow Lake development is not consistent with the typical development and
custom built homes found in Lake Forest. The Plan Commission voted 6 – 0 to recommend
approval of the modifications.
The Ordinance modifying the previous approvals for the Willow Lake development as
recommended by the Building Review Board and Plan Commission, with key exhibits attached,
is included in the Council packet beginning on page 57. The Ordinance and complete exhibits
are available for review in the Community Development Department.
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October 7, 2013 City Council Agenda
COUNCIL ACTION: If determined to be appropriate by the City Council, waive first
reading and grant final approval of an Ordinance approving the petition in accordance
with the Building Review Board’s and the Plan Commission’s recommendations.
7. Consideration of an Ordinance Amending the City Code relating to Certain
Alcoholic Beverages Amending the Lake Forest City Code Relating to
Certain Alcoholic Beverages Licenses (First Reading and if Desired by the
City Council, Final Approval)
STAFF CONTACT: Victor Filippini, City Attorney
On May 20, 2013, the City Council approved a comprehensive review and update of the
Chapter 4 of the City Code regarding alcoholic beverages. In conjunction with the
Council's review of the Code provisions, the City staff updated its processes relating to
the licensing of liquor establishments to make sure that the implementation of the
regulations was consistent with the regulations themselves. In the course of implementing
the ordinance, the City staff has identified several areas of Chapter 4 that required
refinement or where additional flexibility would make the regulations more "user friendly"
without compromising the City's basic interest in protecting and preserving the public
health, safety, and welfare.
To this end, the City staff presents to the City Council a further amendment to the City's
regulations of alcoholic beverages. The attached ordinance (which begins on page 66
of the packet), if approved, would authorize the Mayor as the City's Liquor Control
Commissioner to waive certain of the liquor licensing regulations as they apply to special
event licenses for which not-for-profit organizations might apply. The draft ordinance
would also modify the insurance requirements for not-for-profit licensees that use City
facilities such as the Gorton Community Center or Elawa Farms. Because the not-for-
profit organizations to which such special event licenses are issued typically have close
ties to the community, authorizing the Mayor to relax certain requirements that have less
relevance when applied to such community organizations (as opposed to a for-profit
licensee related to a national chain store) should save time and expense for the City and
the not-for-profit organizations involved.
COUNCIL ACTION: If determined to be appropriate by the City Council, waive first
reading of an Ordinance Amending the City Code relating to Certain Alcoholic
Beverages Amending the Lake Forest City Code Relating to Certain Alcoholic Beverages
Licenses and grant final approval of such ordinance.
RECOMMENDED ACTION: Approve the Seven (7) Omnibus items as presented.
6. ORDINANCES 8:00 p.m.
7. NEW BUSINESS 8:10 p.m.
1. Deerpath Golf Course Operations Report and related action items.
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October 7, 2013 City Council Agenda
A. Kemper Presentation on State of the Golf Industry
B. Approval of KemperSports Management Contract for year three
PRESENTED BY: Mary Van Arsdale, Director, 810-3918 and
Steve Skinner, CEO KemperSports, Inc.
PURPOSE AND ACTION REQUESTED: Approve Year 3 of the KemperSports, Inc.
management contract for Deerpath Golf Course.
BACKGROUND/DISCUSSION: The City of Lake Forest and KemperSports, Inc.
(KemperSports) entered into a three year agreement in December 2011 for KemperSports
to provide an Operational Manager for the Deerpath Golf Course and to advise and
assist City staff with improving Deerpath’s marketing and overall financial condition. In
accordance with this agreement, Article 2, Section 2.2(B), the City of Lake Forest must
annually notify KemperSports of the City’s intent to continue to utilize KemperSports
service for each year of the contract. Staff is seeking approval to remain with
KemperSports, Inc. for the final year of the 3-year agreement which is for the 2014 (FY15)
golf season.
At the September 17, 2013 public meeting, the Parks and Recreation Board heard a
report from City staff and the CEO of KemperSports, Steve Skinner that highlighted the
operational enhancements made over the first two years of the management
agreement and the financial progress made this past year compared to the national
and regional golf industry. Operationally, several essential business tactics were
implemented, including installation of a new point-of-sale system, renovation of the golf
shop, introduction of new golf merchandise vendor, establishment of third party booking
vendors to fill under-utilized tee times, and development of the annual marketing plan.
Further, the Golf Advisory Committee has met throughout the two years to provide
feedback, recommendations and advocacy for the course.
CEO Skinner detailed the progress made with revenue growth at Deerpath relative to the
regional and national golf industry. Key data points shared included:
• Nationwide rounds are down 8% year to date, Chicago area rounds are down
15%, Deerpath rounds are up 3%
• Nationwide revenues are down 5.5%, whereas Deerpath revenues are up 1% in this
fiscal year and up 6% for the golf season (this also compares very favorably to our
closest competitors)
• Since KemperSports took over responsibility for green fees and merchandise,
revenues are up 6% and daily fee rounds are up 30%. Deerpath is successfully filling
open times with daily fee play
CEO Skinner and Kemper staff will attend the October 7 City Council meeting to make a
detailed presentation on fiscal performance as well as highlight Kemper’s goals for
Deerpath’s 2014 golf season. The Parks and Recreation Board, as well as the Golf Advisory
Committee, has unanimously recommended fulfilling year three of the KemperSports
contract for the 2014 golf season.
COUNCIL ACTION: Approve the continuation of KemperSports Management’s services for
the 2014 golf season, ending on April 30, 2015, in accordance with the contract.
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October 7, 2013 City Council Agenda
C. Approval of an Agreement for Professional Services with McMahon
Associates to Develop a Preliminary Design and Propose a
Guaranteed Maximum Price for the Construction of an Irrigation Well
at Deerpath Golf Course
PRESENTED BY: Michael Thomas, Director of Public Works (810-3540)
PURPOSE AND ACTION REQUESTED: Staff is requesting City Council approval of an
agreement for professional services with McMahon Associates to design and develop a
guaranteed maximum price (GMP hereafter) for the construction of an irrigation well at
Deerpath Golf Course.
BACKGROUND/DISCUSSION: In December, 2008, staff began investigating the installation
of an irrigation well at Deerpath Golf Course in order to provide an alternate source of
water for the course’s irrigation system. On average Deerpath Golf Course spends
$65,000 / year to purchase water from the City. Deerpath Golf Course represents
approximately 1% of the water plant’s total annual pumpage. The 1% is typically needed
in the overnight hours when a majority of irrigation systems are used throughout the City.
Since April, 2004 when the new water plant was placed into service, the golf course has
been asked multiple times not to irrigate in order to lessen the nightly demand placed on
the water supply. This request has most recently occurred during both the summers of
2012 and 2013. In July, 2012 the water plant had an extremely difficult time meeting the
demand of its water customers each evening. In July and August, 2013, the water plant
was significantly impacted by algae blooms interfering with the plant’s pre-filter system;
this in turn reduced the plant’s ability to filter and pump large volumes of water to the
City’s water customers.
Park and Recreation staff has proposed the construction of a water well at Deerpath to
both the Golf Advisory Committee and the Park & Recreation Board; both voted in favor
of the project. In August, 2013, KemperSports provided an independent research and
investigation of a possible irrigation well. They concluded that the well is feasible and
would be a sound investment for the course and The City of Lake Forest.
Drilling a deep well and constructing the pump house and restrooms would have the
least amount of impact during the winter months. A good amount of frost in the ground
covered by snow will reduce turf damage to the course. In addition, winter construction
will not interfere with daily play. In order to construct the well during the upcoming winter
months, staff has proposed a “design / build” concept for this project.
The benefits of a “design / build” approach is to allow the general contractor (in this case
the engineering / architectural firm) to perform minimal design while acquiring multiple
quotes to complete the work. If approved this evening, McMahon Associates will begin
the “design / build” process and provide a GMP at the December 2, 2013 City Council
meeting. If the GMP is approved by City Council on December 2, 2013, contracts,
insurance, and bonds will be received and signed during the month of December. The
project would commence in early January with the goal of being completed in mid to
late April, 2014. This would accomplish the overall goal of removing Deerpath Golf
Course from the water plant’s summer, 2014 nightly demand.
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October 7, 2013 City Council Agenda
BUDGET/FISCAL IMPACT: The concept of “design / build” was reviewed with the Finance
Committee at their September 30, 2013 Finance Committee Meeting. In addition,
McMahon’s GMP proposal and statement of qualifications was distributed to the
Committee members.
McMahon Associates will be providing the following services in its development of the
GMP: Conduct field surveys, create a site plan, develop a building layout, define all
equipment layout, develop hydraulic calculations, 30% design drawings, all equipment
and building specifications, and equipment selection. Finally McMahon Associates will
obtain competitive pricing and prepare final contracts for all items noted.
Per Section 5.5-B in the City’s Purchasing Directive, staff requested a proposal from
McMahon Associates. For many years the City has worked with McMahon Associates on
various water, sanitary, and storm water projects to include the water plant’s pre-design
study, an analysis of the CBD’s sanitary sewer system, the design and oversight of the 36”
water main project along Sheridan Road, and a City-wide water transmission main
system study. In addition, McMahon Associates have specified and managed the
painting of the City’s water tower both in 1998 and 2011 and re-engineered the
Southwest Sewer Lift Station at Old Mill and West Fork. Staff has been extremely pleased
with all of McMahon’s engineers and construction managers for all of these projects.
Attached on page 73 is McMahon’s proposed agreement for professional services.
FY2014 Funding Source Amount Budgeted Amount
Requested
Budgeted?
Y/N
Council Contingency Fund 101-1101-411-84-95 $28,000 N
McMahon Associate’s professional services will initially be paid via the City Council’s
Contingency Fund. Those dollars will then be reimbursed via the agreed upon funding
mechanism that will be considered by the City Council at its December 2 meeting.
COUNCIL ACTION: If determined to be appropriate by the City Council, staff requests
approval of an Agreement for Professional Services with McMahon Associates in the
amount of $28,000 to develop a preliminary design for all components and propose a
Guaranteed Maximum Price for the construction of an irrigation well at Deerpath Golf
Course.
8. ADDITIONAL ITEMS FOR COUNCIL DISCUSSION 9:00 p.m.
9. ADJOURNMENT 9:10 p.m.
Office of the City Manager October 2, 2013
The City of Lake Forest is subject to the requirements of the Americans with Disabilities
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October 7, 2013 City Council Agenda
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.
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The City of Lake Forest
CITY COUNCIL
Proceedings of the September 16, 2013 Regular Meeting
6:30 p.m. – City Hall First floor Conference room and Council Chambers
CALL TO ORDER AND ROLL CALL: Mayor Schoenheider called the meeting to order at 6:30 pm,
and Deputy City Clerk Margaret Boyer called the roll of Council members.
Present: Honorable Mayor Schoenheider, Alderman Novit, Alderman Waldeck, Alderman
Reisenberg, Alderman Palmer, Alderman Adelman and Alderman Pandaleon.
Absent: Alderman Moore
The Mayor announced that he received a request from Alderman Pandaleon to attend the
meeting electronically as he is out of town on business. There was a Quorum present.
Mayor Schoenheider asked for a motion to consider Alderman Pandaleon’s request for electronic
attendance.
Alderman Palmer made a motion for Alderman Pandaleon to attend the meeting electronically,
seconded by Alderman Adelman. Motion carried unanimously by voice vote.
EXECUTIVE SESSION for the purpose of discussing Land acquisition/disposition 5 ILCS 120/2 (c) (5).
Alderman Adelman made a motion to adjourn into executive session for the purpose of discussing
Land acquisition/disposition 5 ILCS 120/2 (c) (5), seconded by Alderman Palmer. The following
voted “Yea”: Aldermen Novit, Waldeck, Pandaleon, Tack, Reisenberg, Palmer and Adelman. The
following voted “Nay”: None. 7 Yeas, 0 Nays, motion carried.
RECONVENE IN OPEN SESSION
The City Council reconvened in open session at 7:35 pm in the City Hall Council Chambers, with
Alderman Pandaleon no longer in electronic attendance.
PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was recited by all in attendance.
REPORTS OF CITY OFFICERS
Comments by Mayor
Mayor Schoenheider stated that anyone who saw or who was part of the BMW event would agree
that to say it reflected well on this community would be an understatement. He went on to
commend the City Manager, Staff, and all those in Public Safety, Public Works, WGA , Conway
Farms and the BMW tour for such a successful event and offered his congratulations to the
community and that he is proud to be a Lake Forester.
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Proceedings of the September 16, 2013
Regular City Council Meeting
A. Resolution of Sympathy for former Mayor Kent Chandler
Mayor Schoenheider read the resolution.
Recommended Action: Approve the Resolution
Alderman Palmer made a motion to approve the Resolution, seconded by Alderman Reisenberg.
Motion carried unanimously by voice vote.
B. A Resolution Approving the Establishment of a Joint Task Force with the Lake
Bluff Park District to Explore Shared Services and Capital Opportunities Related
to Parks and Recreation.
Mayor Schoenheider addressed Council on the opportunity to evaluate and open discussions on
how Lake Forest as a community can best provide services in an efficient, economical and
effective way. The City of Lake Forest already has some shared services with Lake Bluff. The Mayor
asked that anyone interested in serving should contact the City Manager or the Caucus.
City Manager Robert Kiely added that this is consistent with the Strategic Plan and that he would
like to bring those who would like to serve to the Council at the Oct 7 Meeting.
Recommended Action: Approve the Resolution.
Alderman Palmer made a motion to approve a Resolution for the Establishment of a Joint Task
Force with the Lake Bluff Park District to Explore Shared Services and Capital Opportunities
Related to Parks and Recreation, seconded by Alderman Tack. The following voted “Yea”:
Aldermen Novit, Waldeck, Tack, Reisenberg, Palmer and Adelman. The following voted “Nay”:
None. 6 Yeas, 0 Nays, motion carried.
Comments by City Manager
A. Steve Schutt, President of Lake Forest College, Community Spotlight
City Manager Robert Kiely introduced Steve Schutt, who gave the City Council an overview of the
College. He stated that there has been a 25% increase in enrollment in the past decade and that
Lake Forest College is looking to the future by adding additional distinctive programs to the
College.
B. BMW Update-
City Manager Robert Kiely echoed the Mayor’s Comments and stated that the City Council will be
receiving an update including full stats at the October City Council meeting. He reaffirmed that
overall the BMW Event went very well.
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Proceedings of the September 16, 2013
Regular City Council Meeting
C. Strategic Plan Update
City Manager Robert Kiely gave an update of various activities that have taken place under Fiscal
Stewardship section of the Strategic Plan.
Comments by Council Members
Alderman Waldeck reminded residents of the Community Engagement meeting on Thursday
September 19, 7pm at Gorton Center.
Alderman Adelman reminded residents of a Native Plant sale at Elawa Farms on Saturday,
October12, from 9-12.
OPPORTUNITY FOR CITIZENS TO ADDRESS THE CITY COUNCIL ON NON-AGENDA ITEMS
Seeing none, Mayor Schoenheider read the Omnibus items for consideration.
ITEMS FOR OMNIBUS VOTE CONSIDERATION
1. Approval of the September 3, 2013 City Council minutes.
2. Award of Purchase for the Replacement of a Log Chipper for the Forestry Section
3. Award of One-Year Contract for Office Supplies
4. Consideration of Ordinances Approving Recommendations from the Building
Review Board. (First Reading and if Desired by the City Council, Final Approval)
5. Consideration of Ordinances Approving Recommendations from the Zoning
Board of Appeals. (First Reading, and if Desired by the City Council, Final
Approval)
6. Consideration of an Ordinance Approving a Recommendation from the Historic
Preservation Commission. (First Reading and if Desired by the City Council, Final
Approval)
7. Ratification of a Lease Agreement with Lake Forest Bank and Trust for the Drive-
Up ATM Facility and premises located at 70 N. Bank Lane.
RECOMMENDED ACTION: Approve the seven (7) Omnibus items as presented.
Mayor Schoenheider asked the City Council if it would like to remove any item to take separately.
Seeing no request, he asked for a motion.
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Proceedings of the September 16, 2013
Regular City Council Meeting
Alderman Novit made a motion to approve by Omnibus vote designation items as presented,
seconded by Alderman Reisenberg. The following voted “Yea”: Aldermen Novit, Waldeck, Tack,
Reisenberg, Palmer and Adelman. The following voted “Nay”: None. 6 Yeas, 0 Nays, motion
carried.
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.
ORDINANCES
1. Consideration of an Ordinance Authorizing the Issuance of General Obligation
Refunding Bonds, Series 2013 (Final Reading)
Finance Director Elizabeth Holleb stated that at the September 3, 2013, the City Council approved
the first reading of a Bond Ordinance, and that the final reading is before Council tonight. She
thanked Daniel Forbes of Speer Financial for their assistance in receiving the bids.
She went on to summarize that there was an estimated $9.84 million issue. The reasoning behind
the refinance of the $9.665 million 2010A Bond Issue (MS Bonds) was: competitive interest rate
environment, 2010A issue callable on or after December 15, 2013, Bank qualification (lower
interest rate), and it would provide added flexibility for the redevelopment of Laurel Avenue
property.
She said that on September 12, Moody’s Investors Service assigned Aaa rating to this issue and
affirmed Aaa rating on City’s outstanding obligations.
The Bond Auction was held on September 16 and five bids were received. The lowest bid came
from PNC Capital Markets LLC and was recommended by Speer Financial. The issue size was
adjusted to $9,715,000 showing a true interest cost of 3.64%.
Additionally she stated that both this refunding issue and the anticipated $4.8 million new money
issue in 2014 is current projected to be accommodated within the City’s self-imposed debt service
levy cap and a maximum maturity of twenty years.
RECOMMENDED ACTION: Grant final approval of the bond ordinance. An online bid will occur on
Monday, September 16. At the September 16 City Council meeting, a final bond ordinance will be
presented for Council consideration.
Alderman Palmer made a motion to grant final approval of an Ordinance authorizing issuance of
General Obligation Refunding Bonds, Series 2013, seconded by Alderman Reisenberg. The
following voted “Yea”: Aldermen Novit, Waldeck, Tack, Reisenberg, Palmer and Adelman. The
following voted “Nay”: None. 6 Yeas, 0 Nays, motion carried.
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Proceedings of the September 16, 2013
Regular City Council Meeting
NEW BUSINESS
Seeing none
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 8:10pm
Respectfully Submitted,
Margaret Boyer
Deputy City Clerk
A video of the City Council meeting is available for viewing at the Lake Forest Library and on file in
the Clerk’s office at City Hall. You can also view it on the website by
visiting www.cityoflakeforest.com. Click on I Want To, then click on View, then choose Archived
Meetings Videos.
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ELAWA FARM WILDLIFE DISCOVERY CENTER USE AGREEMENT
This Use Agreement (the "Agreement"), made by and between The City of Lake
Forest (the “City”) and its Wildlife Discovery Center department (“WDC”), is intended to
memorialize the parameters of use of the Property, as defined below, and is subject to the
following terms and conditions:
I. Background.
A. The City owns certain property known as Elawa Farm (the "Property"),
located at 1401 Middlefork Drive, Illinois on the property legally
described in Exhibit A attached hereto. The City seeks to make the
Property available for use by governmental and related public service
organizations within or related to the City, and to have the users of the
Property cover all costs relating to the Property.
B. The Property is comprised of two buildings that may be made available for
use, to-wit: the "Main Building," and the "West Building," whose floor
plans are generally depicted on Exhibit B-1 attached hereto (collectively
the Main Building and the West Building are referred to as the "Elawa
Farm Buildings."
C. WDC is interested in using certain rooms and other facilities within the
Elawa Farm Buildings to provide a location to conduct its daily operations
and occasional special programs.
D. The City and WDC have determined that it is in the best interests of the
parties, as well as the residents and individuals served by the parties, for
WDC to make use of certain portions of the Elawa Farm Buildings to
conduct its daily operations and as otherwise authorized by this
Agreement.
E. The City and WDC originally entered into a 20 year use agreement on
November 21, 2002, for approximately 1,858 square feet of space in the
Elawa Farm Buildings, (which later was determined to be 1,414.71 square
feet) with payments beginning in FY2005 on an annual payment of $6,659
plus utilities. WDC relocated a portion of its space from the visitors' center
to the workshop in 2009 thereby altering its current square footage of
leasable space. The space used by WDC pursuant to prior agreements is
marked for informational purposes on Exhibits B-1 and B-3.
II. Use of the Premises.
A. Granting Clause. In consideration of the obligation of WDC to pay the
Premises Fee, as hereinafter provided, and in consideration of the other
terms, covenants, and conditions hereof, the City authorizes WDC to use,
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and WDC accepts for use from the City, those portions of the Elawa Farm
Buildings depicted on Exhibit B-1 and hereinafter referred to as the
“Occupied Premises,” to use and to occupy for the Term identified in
Section IV of this Agreement, subject to the terms, covenants and
conditions of this Agreement.
B. Acceptance of Premises. WDC shall accept the Occupied Premises in
their condition as of the Effective Date, subject to all applicable laws,
ordinances, regulations, covenants and restrictions. The City has made no
representation or warranty as to the suitability of the Occupied Premises
for the conduct of WDC's operations, and WDC waives any implied
warranty that the Occupied Premises are suitable for WDC's intended
purposes. In no event shall the City have any obligation for any defects in
the Occupied Premises in existence prior to the Effective Date of this
Agreement. The taking of possession of the Occupied Premises shall be
conclusive evidence that WDC accepts the Occupied Premises and that the
Occupied Premises were in good condition at the time possession was
taken.
C. Alteration of the Occupied Premises. WDC may not permanently alter the
Occupied Premises without the prior written consent of the City; provided,
however, that alterations that will allow WDC to restore the Occupied
Premises to their pre-existing condition prior to the end of the Term of this
Agreement may be undertaken without advanced approval of the City.
D. Storage Cabinets. WDC has the exclusive right to use the existing storage
cabinets located within and upon the Occupied Premises. WDC may, at
its sole discretion, allow other entities affiliated with Elawa Farm to use
space in such storage cabinets.
E. Inspection and Access. The City and its agents, representatives, and
contractors may enter the Occupied Premises at any reasonable time to
inspect the Occupied Premises, to access the Electrical and Mechanical
Room within the Elawa Farm Buildings as needed, to make such repairs as
may be required or permitted pursuant to this Agreement, and for any
other business purpose. The City may grant easements, make public
dedications, designate common areas, and create restrictions on or about
the Property, provided that no such easement, dedication, designation, or
restriction materially interferes with WDC's use or occupancy of the
Occupied Premises. At the City's request, WDC shall execute such
instruments as may be necessary for such easements, dedications,
designations, or restrictions.
F. Surrender. Upon termination of the Term or earlier termination of WDC's
right of possession, WDC shall surrender the Occupied Premises to the
City in the same condition as received, broom clean. Any alterations made
to the Occupied Premises and property not so removed by WDC as
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permitted or required herein shall be deemed abandoned and may be
stored, removed, and disposed of by the City at WDC's expense, and
WDC waives all claims against the City for any damages resulting from
the City's retention and disposition of such property. All obligations of
WDC hereunder not fully performed as of the termination of the Term
shall survive the termination of the Term, including without limitation,
indemnity obligations, payment obligations, and obligations concerning
the condition and repair of the Occupied Premises.
G. Early Voting. The parties agree that, for purposes of early voting, WDC
maintains a leasehold interest in the Occupied Premises, and such
Occupied Premises shall not constitute a "public building" under 10 ILCS
5/19A-21.
H. Restricted Access. WDC shall have exclusive access to the Occupied
Premises. Because the Occupied Premises will be used to house animals,
no other users of Elawa or personnel not specifically authorized by WDC
shall be allowed access to the Occupied Premises.
III. Additional Usage.
A. Use of Additional Rooms. In addition to the Occupied Premises, there
exist within the Elawa Farm Buildings certain additional rooms (the
"Additional Rooms") that the City may make available from time to time
for persons to utilize such Additional Rooms for a discrete use. The City
may charge a fee for any such use. WDC agrees that it will follow the
City's established policies and procedures for the reservation and use of
any such rooms.
B. Use of Common Areas. WDC will have nonexclusive use of the
bathrooms, parking lot, hallways, and other common areas, as well as the
outdoor areas (the “Common Areas”) of the Property.
C. Outdoor Display Area. In addition to the Occupied Premises, there
exists an area immediately west of the West Building where wildlife is
currently displayed by WDC in cages and other enclosed areas as depicted
on Exhibit B-2 (the “Outdoor Display Area"). WDC may continue to use
the existing wildlife cages and enclosures depicted on Exhibit B-2 for the
display and keeping of animals. WDC agrees that it will follow the City’s
established policies and procedures for the use of, and any future
expansion or alterations to, the Outdoor Display Area or attendant
improvements.
D. Storage Area. WDC shall have the right to use that portion of the
basement of the Main Building depicted on the attached Exhibit B-3 (the
"Storage Area") as well as the right to install and maintain storage units,
such as storage cabinets, refrigerators, freezers, and shelving (the "Storage
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Units") in the Storage Area to store supplies associated with its mission.
WDC shall be responsible for securing the Storage Area in the manner it
deems appropriate, and so long as such security measures do not affect
areas outside, or access to, the Storage Area. WDC must submit plans for
any Storage Units in the Storage Area to the City, which plans will be
subject to approval by the City, prior to the establishment of any Storage
Units. At the conclusion of the Term of this Agreement, the City, in its
sole discretion, may choose either: 1) to retain any Storage Units, and such
Storage Units shall be deemed the property of the City, or 2) to require
WDC to remove any Storage Units at the expense of WDC within thirty
(30) days. The supplies maintained in the Storage Area may remain
throughout the course of the Term. The City is not responsible for WDC
property that is lost, stolen or damaged while stored in the Storage Area.
WDC may not store any material that is explosive, flammable, or that
otherwise may present a hazard to the Elawa Farm Buildings or their
occupants.
E. Access.
1. The City will provide nonexclusive keys to WDC for entry into the
Elawa Farm Buildings and for the Additional Rooms if needed
during authorized periods for use of the Additional Rooms (a "Use
Period").
2. The City will provide WDC rights of ingress and egress for the
purpose of gaining access for the use of the Occupied Premises,
Additional Rooms, Common Areas, and Storage Area, on and over
the pathways, sidewalks, driveways, parking lots, student loading
areas, or other means of access to the Elawa Farm Buildings,
whenever WDC has the right to use any areas of the Property
under the terms of this Agreement.
F. Signage. WDC may erect a sign on the Property identifying the Elawa
Farm Buildings as a place of its operations. Any such sign and its
establishment must comply fully with Chapter 36 of the City Code, and
shall be further subject to the review and approval of the City as owner of
the Property, which approval shall not be unreasonably withheld. To the
extent any signs contemplated under this Paragraph III.E are in violation
of Chapter 36 of the City Code, WDC must obtain appropriate variances
through the City's standard process.
G. Allotted Areas for Indoor Animals & Freezers. WDC will be allowed to
house animals in the Occupied Premises. Food for the animals, including
feeder insects and refrigerated and/or frozen food items, may be kept in
the Occupied Premises or the Storage Area.
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IV. Term; Termination. The term of this Agreement will run from May 1, 2013
through April 30, 2024 (the "Initial Term"). Upon the expiration of the Intitial
Term, this Agreement shall be automatically renewed annually for an additional
year (the "Renewal Term"), unless either party notifies the other in writing of its
desire to terminate this Agreement not less than 180 days before the
commencement of a Renewal Term. The Premises Fee shall be renegotiated for
each Renewal Term to reflect any reasonable increases in the City’s actual
operating expenses. Either party may, in its sole discretion, terminate this
Agreement at any time upon six months prior written notice to the other party.
WDC shall be entitled to a pro rata refund of the Premises Fee (as hereinafter
defined) paid for the year in which the termination takes place. The pro-rata
refund shall be reimbursed to WDC within 30 days after termination of the
Agreement, and shall be calculated based on the amount of the Premises Fee for
the year in question times a fraction, the numerator of which is the number of
days remaining in the current year under the Agreement, and the denominator of
which is 365.
V. Premises Fee.
A. Premises Fee. WDC shall pay a fee in consideration of its use of the
Occupied Premises and Storage Area (the “Premises Fee”) as set-forth in
Exhibit C. The fee shall be payable in Twelve (12) equal monthly
installments, with an annual escalation equal to the annual increase in the
Chicago Area Consumer Price Index.
The parties intend to assess the need for, amount of, and means for
funding an appropriate sinking fund for long-term capital and replacement
costs relating to the Elawa Farm Buildings and the Property (the “Sinking
Fund”) which may incorporate the partnership of community support (i.e.
foundation groups). The Sinking Fund may be addressed as part of a
separate agreement or an amendment to this Agreement
B. Use Period Fee. To the extent that WDC reserves any Use Period for any
other part of the Property, WDC agrees to pay the standard rate for such
Use Period as the City charges from time-to-time to public bodies. WDC
and the City agree that, for any Use Period reserved in accordance with
this Agreement, the City may charge a higher Use Period Fee to non-
public bodies, but it may not charge a lower Use Period Fee to a non-
public body than the City charges to WDC; provided, however, that:
(i) the City may charge differential Use Period Fees for different
portions of the Property; and
(ii) the City may impose a lesser Use Period Fee for any Use Period
relating to any portion of the Property that is not reserved for use
within seven (7) days of such Use Period.
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VI. Facility Conditions.
A. WDC Responsibilities.
1. General. WDC agrees to keep clean and in good order, condition
and repair the Occupied Premises, Additional Rooms, Common Areas,
and the Storage Area during WDC’s period of use. WDC shall be
responsible for all repairs to the Occupied Premises, Additional Rooms,
Common Areas, and the Storage Area due to damage caused by the
actions or omissions of WDC, its agents, guests, employees, or any of its
Assignees.
2. Grant Related. The parties acknowledge that the WDC is the
recipient of an Illinois Department of Resources C2000 grant (the
"Grant") that affects portions of the Property including the Outdoor
Display Area and the area depicted on Exhibit B-4 (the "Middlefork Trail
Area"). The WDC has the right and obligation to undertake all activities
in the Outdoor Display Area and the Middlefork Trail Area required under
the Grant.
B. City Responsibilities.
1. Maintenance Responsibilities. The City shall be responsible for
routine repair and maintenance of (i) the Common Areas, (ii) the
structural portions of the Occupied Premises and the Elawa Farm
Buildings, (iii) the exterior walls of the Occupied Premises and the
Elawa Farm Buildings, (iv) the roof of the Elawa Farm Buildings,
and (v) the basic plumbing, electrical, fire and carbon monoxide
detectors, mechanical and heating, ventilating, and air-conditioning
systems serving the Occupied Premises. In addition, the City shall
be responsible for (i) cleaning the Common Areas; (ii) providing
removal of snow and ice that accumulate around any sidewalks and
driveways adjacent to the Elawa Farm Buildings; and (iii)
providing scavenger services and any necessary extermination
services to the Elawa Farm Buildings.
2. Repair of City Damaged Property. If the Occupied Premises or
portions of the Elawa Farm Buildings that impact the use of the
Occupied Premises are not maintained, or other equipment owned
by WDC is damaged, due to the actions or omissions of the City or
its employees, the City shall remedy the maintenance issue or
repair the damage. The City shall provide WDC with reasonable
prior notice advising WDC of the dates and times that workers will
enter the Elawa Farm Buildings and/or Occupied Premises to
address such maintenance or repair issues, if such maintenance or
repair is expected to occur during a scheduled use of WDC or is
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expected to affect the interior of or access to the Occupied
Premises. In addition, the City agrees to take all necessary safety
precautions in connection with any repairs that may impact the
health and safety of WDC’s employees or invitees. The City shall
remedy the maintenance issue or repair the damage within 30 days
after receiving written notice from WDC, or within 72 hours if
WDC is not able to use the Occupied Premises due to such
maintenance or repair issue. If, however, the repairs cannot
reasonably be made within a 30 day period, the City shall, within
30 days after receiving notice, commence the repair and continue
to diligently proceed with the repair until it is completed. If WDC
reasonably determines that the health and safety of its employees
or invitees are at risk, it may declare a default in accordance with
Section VI.D of this Agreement and seek remedy pursuant to that
Section.
C. Alternate Space. If the Occupied Premises are inaccessible or unusable by
WDC through no fault of WDC, the City shall work with WDC to find
immediate appropriate and similar alternate space acceptable to WDC at
no additional cost located on the Property. If such approved alternate
space is not provided, WDC shall be entitled to a pro rata refund of the
Premises Fee paid for the year, which is calculated and paid in the manner
provided in Section IV of this Agreement.
D. Untenantability Damage to Occupied Premises or Elawa Farm Buildings.
If the Occupied Premises or the Elawa Farm Buildings are made
untenantable by fire or casualty, either party may elect to terminate this
Agreement by providing 30 days notice to the other party, at which time
this Agreement shall automatically terminate and WDC shall be entitled to
a pro rata refund of the Annual Rent, which is calculated and paid in the
manner provided in Section IV of this Agreement. If the Elawa Farm
Buildings becomes untenantable pursuant to this Section VI.D, and neither
party elects to terminate the Agreement, the City shall commence the
repair, restoration, or rehabilitation of the Occupied Premises and the
Elawa Farm Buildings within 120 days after it is rendered untenantable, in
which event the Agreement shall not terminate but the Premises Fee shall
be abated on a pro rata basis while the Occupied Premises and/or the
Elawa Farm Buildings is untenantable unless alternate and equivalent
space is provided. If the City elects to repair, restore or rehabilitate the
Occupied Premises and/or the Elawa Farm Buildings and does not
substantially complete the work within one year, WDC may terminate this
Agreement upon 30 days notice of termination and WDC shall be entitled
to a pro rata refund of any Annual Rent paid for such year, which will be
calculated and paid in the manner provided in Section IV of this
Agreement.
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E. Suspension of Use. In the event of an emergency, safety issue, or failure
to maintain insurance, or any other condition that constitutes a substantial
threat to the health or safety of WDC, its employees, invitees, or others,
WDC may immediately notify the City and thereafter suspend activities
hereunder until such condition has been remedied to WDC’s reasonable
satisfaction in accordance with this Agreement. If WDC suspends use of
the Occupied Premises under this Section, WDC shall be entitled to a pro
rata reimbursement of the Premises Fee paid for such year, and WDC shall
only be responsible for payment when the Occupied Premises, or
appropriate alternate space provided by the City at no additional cost to
WDC, and accepted by WDC, is made available. If the City does not
concur that the conditions warrant a suspension of use by WDC, the City
may elect to terminate this Agreement upon 30 days notice unless WDC
terminates such suspension.
VI. General Terms.
A. Insurance. Each party, at its sole cost and expense, shall keep in full force
and effect at all times during the Term of this Agreement general
occurrence-based public liability insurance, including contractual liability
coverages, bodily injury liability, property damage liability and such other
types of insurance in such amounts and with such companies or self-
insurance pools as are reasonably acceptable to the other party, but, in any
event, no less than a combined single limit of $2,000,000.00 for each
occurrence, covering its activities in the Property and under this
Agreement (including activities of Assignees). Such insurance shall be
evidenced by copies of the policies and/or certificates of insurance,
naming the other party as an additional insured and providing that the
insurance may not be modified, terminated, cancelled or non-renewed
without at least 30 days advanced written notice by certified mail, return
receipt requested, to the other party. The parties may each carry such
casualty insurance as each deems appropriate to protect against any loss to
real or personal property relating to the Elawa Farm Buildings, and neither
party shall have any claim for such property loss against the other's
property casualty insurance (as opposed to liability insurance). The
parties acknowledge that WDC and the City may be covered under the
same insurance policies.
B. Indemnification. In the event of third-party claims against any of the
parties arising from this Agreement:
(i) The City will indemnify and hold harmless WDC from and for any
and all liability, personal injuries, property damage, claims, causes
of action, damages, losses, and other obligations (including
without limitation payment of attorneys' fees, as applicable) to the
extent caused by the acts or omissions of the City, or its officers,
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officials, employees, agents, attorneys, representatives, or
contractors.
(ii) WDC will indemnify and hold harmless the City from and for any
and all liability, personal injuries, property damage, claims, causes
of action, damages, losses, and other obligations (including
without limitation payment of attorneys' fees, as applicable) to the
extent caused by the acts or omissions of WDC, or its officers,
officials, employees, agents, attorneys, representatives, or
contractors.
C. No Waiver of Tort Immunity Defenses. Nothing contained in any
provision of this Agreement, is intended to constitute nor shall constitute a
waiver of the defenses available to the parties under the Illinois Local
Governmental and Governmental Employees Tort Immunity Act, with
respect to claims by third parties.
D. Assignment. No party may assign any rights or duties under this
Agreement without the prior express written consent of the other party;
except that WDC may allow third parties to use the Occupied Premises for
special events so long as such uses do not impact other Elawa users,
without prior City approval. WDC will follow established reservation
policies for any such users and may charge a fee to any such third party
users. No such assignment will affect WDC's responsibilities in relation
to the City that arise under this Agreement.
E. Successors. This Agreement shall be binding upon the successors of the
parties’ respective governing boards.
F. No Third Party Beneficiaries. No claim as a third-party beneficiary under
this Agreement by any person, firm, or corporation shall be made, or be
valid, against the City or WDC.
G. Entire Agreement. This Agreement shall constitute the entire agreement
of the parties with respect to the matters contained in this Agreement and
this Agreement supersedes any and all prior agreements and
understandings, whether written or oral, formal or informal.
H. Default and Termination. In the event that one party believes the other to
be in default under this Agreement, the non-defaulting party acting
through its chief administrator, shall notify the defaulting party in writing
and allow the defaulting party 30 days from the date of receipt of notice to
cure the default (or such longer period as the non-defaulting party may
agree in writing). If the default is not then cured, the non-defaulting party
may terminate the Agreement by serving written notice on the defaulting
party and termination of the Agreement shall take effect seven days after
receipt of the notice by the party in default. If the Agreement is
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terminated without fault of WDC, WDC shall be entitled to a pro rata
refund of the Annual Rent paid for the year when the termination takes
place, which is calculated and paid in the manner provided in Section IV
of this Agreement.
I. Notices. Any notice or communication permitted or required under this
Agreement shall be in writing and shall become effective on the day of
mailing thereof by first class mail, registered or certified mail, postage
prepaid or by a national overnight courier, addressed:
If to WDC, to:
Mr. Jeff Wait
Supt. of Special Facilities
400 Hastings Road
Lake Forest, IL 60045
If to the City, to:
City of Lake Forest
220 E. Deerpath
Lake Forest, IL 60045
Attn: City Manager
J. Amendments. This Agreement may not be amended except by means of a
written document signed by authorized representatives of both of the
parties.
K. Condition of Property; No Warranties. WDC acknowledges that it is
familiar with the condition of the Property. WDC further agrees to accept
the Property "as is" and without any warranty of fitness for any purpose.
L. Authority to Execute. The parties warrant and represent that the persons
executing this Agreement on their behalf have been properly authorized to
do so.
M. Governing Law. This Agreement shall be governed and construed in
accordance with the laws of the State of Illinois.
N. Provisions Severable. If any term, covenant, condition, or provision of
this Agreement is held by a court of competent jurisdiction to be invalid,
void, or unenforceable, the remainder of the provisions shall remain in full
force and effect and shall in no way be affected, impaired, or invalidated.
O. Counterparts. This Agreement may be executed in any number of
counterparts, each of which shall constitute an original, but altogether
shall constitute one and the same Agreement.
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P. Effective Date. This Agreement shall be deemed dated and become
effective on the date the last of the parties signs as set forth below the
signature of their duly authorized representatives.
Q. No Interpretation Against Drafter. This Agreement has been negotiated
by all Parties and shall not be construed against any Party as the drafter of
this Agreement.
CITY WDC
The City of Lake Forest The City of Lake Forest Parks and
Recreation Department
Signature:__________________________ Signature:___________________________
Printed Name: _____________________ Printed Name: _______________________
Title:______________________________ Title:_______________________________
Date:______________________________ Date:_______________________________
ATTEST: ATTEST:
Signature:__________________________ Signature:___________________________
9/1/13
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EXHIBIT A
Legal Description of the Property
LOT 76 IN MIDDLEFORK FARM SUBDIVISION, BEING A SUBDIVISION OF
PARTS OF THE SOUTH HALF OF SECTION 30 AND THE NORTH HALF OF
SECTION 31, TOWNSHIP 44 NORTH, RANGE 12 EAST OF THE THIRD
PRINCIPAL MERIDIAN AND THE SOUTH EAST QUARTER OF SECTION 25,
TOWNSHIP 44 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN,
IN THE CITY OF LAKE FOREST, LAKE COUNTY, ILLINOIS.
More commonly known as 1401 W. Middlefork Drive.
Lot 76 consists of approximately 16 acres
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Exhibit B‐1: Elawa Farm Buildings20266Notes: 1. Rooms shaded in = Occupied Premises2.27 28WDC Classroom/Public Exhibit AreaWDC MainPublic Exhibit HallWDC Grass Is Rattling PublicExhibit Hall30= Rooms occupied by WDC under prior agreements (informational purposes only)History of Leased Spaces for WDC:2003: 18, 19, 20, 21/22/232007: 6, 20, 22, 26/27/282010: 6,20, 26/27/28, 30West BuildingMainBuilding30
Exhibit B‐3: Storage Area DepictionMain Building Basement Floor Plan35’16’7’6’Stairway to main floor= General location occupied by WDC under prior agreements (informational purposes only)= Storage Area31
Exhibit B‐2: Outdoor Display AreaOutdoor Wildlife ExhibitsPer Master Plan32
Exhibit B‐4: Middlefork Trail Area33
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THE CITY OF LAKE FOREST
ORDINANCE NO. _________
AN ORDINANCE AMENDING THE LAKE
FOREST CITY CODE, AS AMENDED,
RELATING TO CERTAIN ALCOHOLIC BEVERAGES LICENSES
Adopted by the Mayor and City Council
of The City of Lake Forest
this __th day of October, 2013.
Published in pamphlet form by direction
And authority of The City of Lake Forest
Lake County, Illinois
this __th day of October, 2013.
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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: Amendment to Section 4-10 of the City Code. Section 4-7,
entitled "Lake Forest Liquor Control Commissioner," of Article II, entitled "Local Liquor
Control Commissioner," of Chapter 4, entitled "Alcoholic Beverages," of the Lake Forest
City Code is hereby amended in its entirety, so that Section 4-7 shall hereafter be and
read as follows:
Sec. 4-7 LAKE FOREST LIQUOR CONTROL COMMISSIONER--
(1) Mayor Designated Commissioner: The Mayor is hereby designated as the
Lake Forest Liquor Control Commissioner.
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(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 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: (i) 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; and (ii) for any individual associated with a
not-for-profit organization seeking a Class F-1, F-5, or F-6 license
under this Chapter.
(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.
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(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.
(q) For any applicant for an F-1, F-5, or F-6 license, to waive the
requirements under Subsection 4-16(2)(a) to provide social security
numbers of any individual to be identified as part of the license
application process.
(r) For any applicant for an F-1, F-5, or F-6 license, to waive the
requirements under Subsection 4-16(8)(a) of the license application
process.
(3) Compensation: The Commissioner shall serve without compensation.
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SECTION THREE: Amendment to Section 4-18 of the City Code. Section 4-
18, entitled "Conditions for Issuance, Maintenance and Renewal of Local Liquor License," of
Article III, entitled "Licenses," of Chapter 4, entitled "Alcoholic Beverages," of the Lake
Forest City Code is hereby amended in its entirety, so that Section 4-18 shall hereafter
be and read as follows:
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, F-5, and F-6 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, F-5, or F-6 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
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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: When 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.
(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.
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 October, 2013.
AYES:
NAYS:
ABSENT:
ABSTAIN:
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Approved this ____ day of October, 2013.
_____________________________
Mayor
ATTEST:
_______________________________
City Clerk
72
McMAHON
A'^zssn
AGREEMENT
For Professional Services
Mr. Michael Thomas, Director of Public Works
CITY OF LAKE FOREST
SOO North Field Drive
Lake Forest, IL 6004S
Date: September 27,2013
McM.No. M0032-930001
PROJECT DESCRIPTION:
Preliminary Design & Guaranteed Maximum Price For Design/Build Construction Of A New HEgli CapacityWell & Booster Pumping Station For The City Of Lake Forest At Its Deerpath Golf Course.
STATEMENT OF UNDERSTANDING:
The City of Lake Forest has investigated the feasibility of developing a deep, high capacity well for irrigation of its
Deerpath Golf Course to reduce the demand on the City's Water Treatment Facility. The City's conh-act Golf
Course management company, KemperSports, undertook the evaluation, and reported their findings and
recommendations to the City in an August 23, 2013 report. It was concluded that the proposed deep well project
was viable and would be a sound investment for the City of Lake Forest.
The recommended plan included a new 300 to 550 gpm well and submersible pump, a brick Pumphouse building
with variable speed vertical turbine booster pump and controls, as well as two gender specific bathrooms for golferconvenience, directional boring of underground piping, connection to the City's water and sanitary sewer,
upgrading of the electrical service, and restoration of the course at the conclusion of construction. The report
included projected project costs ranging from $935,000 to $1,164,000, depending on Value Engineering
alternatives selected by the City.
McMAHON proposes to undertake Preliminary Design of the proposed, new, high capacity well and booster
pumping system in order to develop a Guaranteed Maximum Price (GMP) for Design/Build of the facilities byMcMahon, Inc. McMahon, Inc. will be the sole source firm contracted by the City of Lake Forest to bear full
responsibility for constructing the proposed facilities. McMahon, Inc. will use an Engineer-Led, Design/Build
approach. Firm, competitive pricing will be obtained from qualified equipment vendors and from a minimum of
three contractors of each major trade to establish a guaranteed price.
Using the Design/Build approach, a constructability review will be performed from all trades prior to completingthe scope drawings, which allows for Value Engineering from contractors. This process can result in lower
construction prices to fhe Owner. The Preliminary Design documents are reviewed with the Owner at various stagesof completion to obtain input from City stafF. Once pricing is obtained, all pricing will be reviewed with the
Owner. The Owner helps select the contractors and equipment to be purchased in order to obtain the best value for
the project. Upon selection of the contractors and equipment, McMAHON will offer the City of Lake Forest a
guaranteed maximum price and guaranteed schedule.
The proposed Engineer-Led process has the following advantages for the City of Lake Forest:
G Quality & Performance - Our long-term goal is repeat business.
B Single-point of responsibility.
K Life cycle cost-driven versus low initial cost.
H Best Value - Owner participates in decisions on equipment and contractors.
. Contractor selection based upon pricing and quality with owner input.
a Guaranteed Maximum Price - No Change Orders, except for unforeseen conditions or Owner requests.
Q Guaranteed schedule.
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73
STATEMENT OF UNDERSTANDING: (continued)
McMAHON will work with the City of Lake Forest to develop a list of qualified contractors for Well Construction,General Building, Mechanical, Electrical and Underground work. It is anticipated that at least three contractors of
each trade will be qualified. A set of Scope Drawings and Outline Specifications will be issued to qualifiedcontractors for bidding purposes. McMAHON will request fixed price proposals from each of the contractors.Each contractor will be interviewed to assure compliance with the bidding documents and full understanding of the
project scope and schedule.
McMAHON will perform an evaluation of the contractor's proposals jointly with the City of Lake Forest to make a
selection based upon best value. Criteria used in the evaluation and selection process will mclude:
. Quality of workmanship.
. Depth of understanding of this project.
. Past working experience with McMAHON and the City of Lake Forest.
. Understanding of contractor's role.
. Responsiveness (local presence, current workload, current equipment workload, etc.).
. Schedule.
a Price.
Project Specific Items of Note:
A meeting between McMAHON and City staff was held on September 23, 2013 to discuss project scope andspecifics. A conceptual Site Layout of the well and booster pumping system from the KemperSports report wasdiscussed. The City indicated that they would receive a Letter of No Impact from the County if the concept wasfollowed, as the new facilities would be located outside of wetlands and the floodway.
Two alternatives for configuration of the well and booster pumping system were discussed. One alternative
included a 300 to 550 gpm well pump discharging to the existing holding ponds, and a 750 to 1,250 gpm boosterpump drawing from the holding ponds and pumping into the irrigation system at 120 psi, as presented in theKemperSports report. A second alternative, which was suggested by McMAHON, included a 'combined' 750 to
1,250 gpm well pump and booster pumping system with a hydropneumatic tank. Under the second option, the wellpump would discharge to the suction side of the booster pump (with hydropneumatic tank) and the booster pumpthen boosts the pressure of the water supply directly into the irrigation system. The second option would allow for
pumping clean water directly into the golf course irrigation system, without having to use the ponds, and wouldrequire a less sophisticated booster pumping system. However, based on closer review of the KemperSports reportand information provided by Layne-Westem, the initial option appears to be the more feasible based on the requiredwell capacity and pump size.
Well pump type (submersible versus line shaft turbine) was also discussed at the September 23 meeting. Layne-Western included a submersible pump in their quote, likely due to the projected depth of the well. Some concern
was expressed by City staff in regards to the submersible pump, as the motor would not be readily accessible for
maintenance. However, McMAHON agrees with Layne's selection of a submersible pump for this deep wellapplication. It would also allow for the well pump to be installed using a pitless adapter rather than constructing aPumphouse over the pump discharge head for the line shaft type, reducing overall project costs. In should be notedthat the existing City water booster pumping system will remain in service, and will be piped into the new systemas a backup to the proposed well and booster pumping system, should either the well pump or booster need to be
temporarily removed from service for maintenance.
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STATEMENT OF UNDERSTANDING: (continued)
Other Items Of Note:
. The proposed project will have a tight construction schedule to meet the City's target completion date of April
1, 2014. This will require initiation of well construction in early January and round-the-clock well
construction. It may also require that the contractor include winter conditions in their price for constructing the
new pump house.
. Access to the project site will be difficult for large equipment, primarily the well drilling rig. The City will
likely be required to perform some tree trimming or removal to provide access for the well drilling rig.
. Underground piping for tie-ins to City water and sewer shall be directionally bored to minimize the impact on
surrounding wetlands and the golf course. Utilities shall be constructed per City code.
. The GMP will include the price for Engineer's Construction Phase Services as a separate line item.
. The GMP for well construction will be on a Unit Price basis with an estimated total price based on specified
quantities of equipment, materials, and labor.
SCOPE OF SERViCES
MCMAHON agrees to provide the following Scope Of Services for this project:
. Undertake field work at the site and proposed access road to develop structure location, topography and a site
plan.
. Meeting with contractors on-site to discuss site access requirements.
a Assist the City with retaining a geotechnical firm to take soil borings to determine structural design criteria and
constructability issues for the new pump house.
. Prepare a site plan and site piping plan.
. Prepare equipment layout and building layout plans.
. Prepare hydraulic calculations.
a Undertake preliminary Architectural, Structural, Mechanical, Electrical, and Controls Design.
. Prepare Scope Drawings (approximately 30% of Final Detailed Drawings) and Outline Specifications for
vendor and contractor solicitation.
E Assist the City with preparation of plans and specifications required to obtain necessary permits and approvals.
n Secure firm price bids from contractors and major equipment vendors. Review with the City of Lake Forest to
finalize selections.
. Finalize firm contract price, terms and schedule between McMAHON and the City of Lake Forest.
Items Not Included Im The Scope Of Services:
The following items are not included in the Scope Of Services for this project:
. Retaining a geotechnical firm to take soil borings.
. Application for necessary project permitting and/or City, County, or State approvals.
. Construction phase Services following City acceptance of the Guaranteed Maximum Price.
SPECIAL TERMS: (Refer Also To Genera! Terms & Conditions - Attached)
The Scope Of Services and fee is based upon the understanding that the Owner will provide the following:
A person authorized to act as the City's representative to accept completed work and to provide appropriate
liaison.
Access to existing drawings, specifications, reports, O&M manuals, and other pertinent information required to
perform the Scope of Services.
Access to the project site.
Application for necessary project permitting.
E3
a
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SPECIAL TERMS: (continued)
The City of Lake Forest agrees that the Project Description, Statement of Understanding, Scope Of Services and
Compensation sections contained in this Agreement, pertaining to this project or any addendum thereto, are
considered confidential and proprietary, and shall not be released or otherwise made available to any third party,prior to the execution of this Agreement, without the expressed written consent of the McMahon Group of
Companies.
COMPENSATiON:
McMAHON agrees to provide the Scope Of Services described above for the following compensation:
n Preliminary Design - Deep Well & Booster Pump System
& Development Of A Guaranteed Maximum Price (GMP)....................................... $28,000 Lump Sum
COMPLETION SCHEDULE:
McMAHON agrees to complete the Scope of Services outlined within this Agreement by December 2,2013.
Assuming McMAHON is given authorization to proceed by October 8, 2013, we will provide a Guaranteed
Maximum Price (GMP) by December 2,2013.
ACCEPTANCE:
The General Terms & Conditions And The Scope Of Services (Defined In The Above Agreement) Are Accepted,
and McMAHON Is Hereby Authorized To Proceed With The Services.
The Agreement Fee Is Firm For Acceptance Within Sbcty (60) Days From Date Of This Agreement
CITY OF LAKE FOREST
Illinois
By:
McMAHON
Neenah, Wisconsin
By:
(Authorized Signature)
Title:
Date:
Donald J. )foosf,P.E., BCEE
Title: Associate / Senior Project Engineer
Date: September 27,2013
Project
Manager:
'Anthony S. Kajipell, P.E.
Project Engineer
Please Return One Copy For Our RecordsStreet Addrass: 1445 McMAHON DRIVE - NEENAH, W[ 54956
Mailing Address: P.O. Box 1025 - NEENAH, W] 54957-1025
920-751 -4200 . 920.75 I -42&4 - FAX
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McMAHONGENERAL TERMS & CONDITIONS
Revised: January 17, 2013
T.i<.a;uia^,«i
1, McMAHON will bill the Owner monthly with net payment due in 30-days. Past due balances shall be subject to a service charge at a rate of 1.0% per month.In addition, McMAHON may, after giving 48-hours notice, suspend service under any Agreement until the Owner has paid in full all amounts due for servicesrendered^and expenses incurred. These expenses include service charges on past due invoices, collection agency fees and attorney fees incurred byMcMAHON to collect all monies due McMAHON. McMAHON and Owner hereby acknowledge that McMAHON has and may exercise lien rights on subjectproperty.
2. The stated fees and Scope Of Services constitute our best estimate of the fees and tasks required to perform the services as defined. This Agreement,upon execution by both parties hereto, can be amended only by written instrument signed by both parties. For those projects involving conceptual orprocess development services, activities often cannot be fully defined during initial planning. As the project progresses, facts uncovered may reveal achange in direction, which may alter the Scope. McMAHON will promptly inform the Owner in writing of such situations so changes in this Agreement can benegotiated, as required.
3. The stipulated fee is firm for acceptance by the Owner for 60-days from date of Agreement publication.
4. Costs and schedule commitments shall be subject to re-negotiation for delays caused by the Owner's failure to provide specified facilities or information, or
for delays caused by unpredictable occurrences, including without limitation, fires, floods, riots, strikes, unavailability of labor or materials, delays or defaultsby suppliers of materials or services, process shutdowns, acts of God or the public enemy, or acts or regulations of any governmental agency. Temporarydelay of services caused by any of the above, which results in additional costs beyond those outlined, may require re-negotiation of this Agreement.
5. Reimbursable expenses incurred by McMAHON in the interest of the project including, but not limited to, equipment rental will be billed to the Owner at cost
plus 10% and sub-consultants at cost plus 12%. When McMAHON, subsequent to execution of an Agreement, finds that specialized equipment must bepurchased to provide special services, the cost of such equipment will be added to the agreed fee for professional services only after the Owner has beennotified and agrees to these costs,
6. McMAHON will maintain insurance coverage in the following amounts:
Worker's Compensation.......................................................................................... Statutory
General Liability
Bodify Injury- Per incident/Annual Aggregate................ $1,000,000 ,$2,000,000
Automobile Liability
Bodily Injury........................................................................................ $1,000,000
Property Damage................................................................................ $1,000,000
Professional Liability Coverage........................................................................... $2,000,000
If the Owner requires coverage or limits in addition to the above stated amounts, premiums for additional insurance shall be paid by the Owner.McMAHON's liability to Owner for any indemnity commitments, reimbursement of legal fees, or for any damages arising in any way out of performance of ourcontract is limited to $1,000,000.
7. The Owner agrees to provide such legal, accounting and insurance counseling services as may be required for the project for the Owner's purpose. Allunresolved claims, disputes and other matters in question between the Owner and McMAHON shall be submitted to mediation, if an agreement cannot bereached by Owner and McMAHON.
8. Termination of this Agreement by the Owner or McMAHON shall be effective upon 7-days written notice to the other party. The written notice shall includethe reasons and details for termination; payment is due as stated in paragraph 1. If the Owner defaults in any of the Agreements entered into betweenMcftAAHON and the Owner, or if the Owner fails to carry out any of the duties contained in these terms and conditions, McMAHON may, upon 7-days writtennotice, suspend its services wfthout further obligation or liability to the Owner unless, within such 7<lay period, the Owner remedies such violation to the
reasonable satisfaction of McMAHON.
9. Re-use of any documents or AutoCAD representations pertaining to this project by the Owner for extensions of this project or on any other project shal! be atthe Owner's risk and the Owner agrees to defend, indemnify and hold harmless McMAHON from all claims, damages and expenses, including attorneys'fees arising out of such re-use of the documents or AutoCAD representations by the Owner or by others acting through the Owner.
10. Purchase Orders - In the event the Owner issues a purchase order or other instrument related to the Engineer's services, it is understood and agreed thatsuch document is for Owner's internal accounting purposes only and shall in no way modify, add to or delete any of the terms and conditions of this
Agreement. If the Owner does issue a purchase order, or other similar instrument, it is understood and agreed that the Engineer shall indicate the purchaseorder number on the invoioe(s) sent to the Owner.
11. McMAHON will provide all services in accordance with generally accepted professional practices. McMAHON will not provide or offer to provide servicesinconsistent with or contrary to such practices nor make any other warranty or guarantee, expressed or implied, nor to have any Agreement or contract for
services subject to the provisions of any uniform commercial code. Similariy, McMAHON will not accept those terms and conditions offered by the Owner inits purchase order, requisition or notice of authorization to proceed, except as set forth herein or expressly accepted in writing. Written acknowledgment ofreceipt, or the actual performance of services subsequent to receipt, of any such purchase order, requisition or notice of authorization to proceed isspecifically deemed not to constitute acceptance of any terms or conditions contrary to those set forth herein.
12. McMAHON intends to serve as the Owner's professional representative for those services, as defined in this Agreement, and to provide advice andconsultation to the Owner as a professional. Any opinions of probable project costs, approvals and other decisions made by McMAHON for the Owner arerendered on the basis of experience and qualifications, and represent our professional judgment.
13. This Agreement shall not be construed as giving McMAHON the responsibility or authority to direct or supervise construction means, methods, techniques,sequence or procedures of construction selected by Contractors or Subcontractors, or the safety precautions and programs incident to the work of the
Contractors or Subcontractors.
14. The Owner shali be responsible for maintenance of the structure, or portions of the structure, which have been completed and have been accepted for itsintended use by the Owner. Ali structures are subject to wear and tear, and environmental and man-made exposures. As a result, all structures requireregular and frequent monitoring and maintenance to prevent damage and deterioration. Such monitohng and maintenance is the sole responsibility of theOwner. MclVlAHON shall have no responsibility for such issues or resulting damages.
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