CITY COUNCIL 2015/09/08 Agenda
THE CITY OF LAKE FOREST
CITY COUNCIL AGENDA
Tuesday* September 8, 2015
City Hall Council Chambers
Honorable Mayor, Donald Schoenheider
Catherine Waldeck, Alderman First Ward Stanford Tack, Alderman Third Ward
Prudence R. Beidler, Alderman First Ward Jack Reisenberg, Alderman Third Ward
George Pandaleon, Alderman Second Ward Michael Adelman, Alderman Fourth Ward
Timothy Newman, Alderman Second Ward Michelle Moreno, Alderman Fourth Ward
CALL TO ORDER AND ROLL CALL 6:30 p.m.
REPORTS OF CITY OFFICERS
1. COMMENTS BY MAYOR
A. Proclamation of Woodlands Academy of The Sacred Heart Day September
18, 2015
-Meg Steel, Head of School
-Barbara Wood-Prince, Board of Trustees Chair
A copy of the proclamation can be found on page 11.
2. COMMENTS BY CITY MANAGER
3. COMMENTS BY COUNCIL MEMBERS
PROPERTY AND PUBLIC LAND COMMITTEE
1. Consideration of approval of a Master Land Transfer Agreement by and
between The City of Lake Forest and Lake Forest Open Lands Association
relating to an exchange of certain property within the City of Lake Forest
PRESENTED BY: Robert Kiely Jr., City Manager
PURPOSE AND ACTION REQUESTED: Staff requests consideration of a Master Land Transfer
Agreement relating to the exchange of property including but not limited to McCormick
Ravine, Open Lands Park and a parcel at Elawa Farm.
BACKGROUND/DISCUSSION: In early 2015, the Lake Forest Open Lands Association
(LFOLA) approached the City of Lake Forest (City) regarding a possible exchange of
properties which better fit the needs of the two organizations. The transfer would involve
the City owned property of McCormick Ravine, Open Lands Park and a one quarter acre
parcel of the Elawa Farm garden.
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Tuesday, September 8, 2015 City Council Agenda
The City and LFOLA have enjoyed a successful ongoing public/private partnership that
has enhanced the quality of life in our community by preserving open space, creating
conservation-based developments, enacting positive open space zoning policies, and
partnering on numerous open space and environmental initiatives. In addition, the City
and LFOLA currently share in a formal Land Management Agreement, otherwise known
as the Master Lease Agreement, entered into on August 18, 1995.
The City possesses the skills and resources to own, manage, and improve public parks
and specialized public open spaces within our City boundaries to maximize their beauty,
function, and usefulness for the enjoyment and economic benefit of our residents. LFOLA
possesses the special expertise, financial resources, and organizational mission to
manage and restore some of the most rare and valued natural areas and public nature
preserves within our City. Such parcels currently include the very highest quality natural
areas such as Middlefork Savanna, Shaw Prairie, and Haffner Meadow, all areas
recognized and dedicated by the Illinois Nature Preserves Commission as deserving the
highest level of protection and recognition in the State of Illinois.
The land transfer set forth in the Master Land Transfer Agreement, a copy of which is
attached beginning on page 12, would benefit the residents of Lake Forest by aligning
each property with the entity most able to preserve, enhance and maintain it on a long
term basis. At the same time, the opportunity for residents to use and enjoy the
properties would continue, including McCormick Day Camp. The additional benefits of
natural resource improvements may be possible as a result of the transfer.
BUDGET/FISCAL IMPACT: The City and LFOLA are currently engaged in discussions with the
United States Army Corp of Engineers pertaining to participation in the Great Lakes
Fishery and Ecosystem Restoration Program (GLFER). As part of this Agreement,LFOLA
intends to commit the substantial financial (cash and in-kind) resources necessary to
meet the cost and management requirements, and for both parties to jointly agree to
engage in an intensive restoration of McCormick Ravine as part of the Army Corps of
Engineers' federally-funded GLFER program.
COUNCIL ACTION: Approve the proposed Master Land Transfer Agreement relating to an
exchange of properties involving McCormick Ravine, Open Lands Park and a portion of
property at Elawa Farm, and direct the Mayor, City manager and the City Attorney to
proceed with execution of the various legal documents to effectuate the transfer of
parcels.
4. OPPORTUNITY FOR CITIZENS TO ADDRESS THE CITY COUNCIL ON NON-AGENDA
ITEMS
5. ITEMS FOR OMNIBUS VOTE CONSIDERATION
1. Approval of the August 3, 2015 City Council meeting Minutes
A copy of the minutes begins on page 60
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2. Approval of the August 17, 2015 Special City Council meeting Minutes
A copy of the minutes begins on page 69
3. Check Register for Period July 25 - August 28, 2015
Fund Invoice Payroll Total
General 491,138 1,605,263 2,096,400
Water & Sewer 150,595 175,500 326,095
Parks & Recreation 257,691 521,062 778,754
Capital Improvements 471,217 0 471,217
Motor Fuel Tax 0 0 0
Cemetery 22,865 26,355 49,220
Senior Resources 25,585 29,918 55,503
Deerpath Golf Course 35,463 733 36,196
Fleet 85,415 56,562 141,977
Debt Funds 0 0 0
Housing Trust 100,000 0 100,000
Park & Public Land 119,109 0 119,109
All other Funds 684,593 208,353 892,946
$2,443,671 $2,623,746 $5,067,417
4. Approval of Contract for Installation of Holiday Lights
PRESENTED BY: Peter Gordon, City Forester, 810-3563
PURPOSE AND ACTION REQUESTED: Staff is recommending a two year contract with On
the Green Solutions for the installation of holiday lights in the Central Business District
(CBD) and Waukegan & Everett Road berm.
PROJECT REVIEW/RECOMMENDATIONS:
Reviewed Date Comments
Parks and Recreation Board 07/21/2015 Recommend Approval
BACKGROUND/DISCUSSION: The City’s annual tree lighting program is approaching its
32nd year. This event has brought generations of Lake Forest families together to
celebrate the holiday season. The CBD is lit with over 120,000 lights that brighten Western
Avenue from Deerpath Road north to Westminster Avenue and includes Historic Market
Square. Residents and visitors are drawn to the CBD to begin their holiday shopping
season under the glow of these tiny white lights. Lights also shine on The City’s west side
as the berm located on the southwest corner of Waukegan and Everett Roads is lit to
welcome residents and visitors into the community. The City’s Forestry staff also place two
large evergreen trees in Market Square and the Telegraph Road Train Station.
BUDGET/FISCAL IMPACT: Funding for the installation of Holiday Lights is budgeted in the
Forestry Fund 220 contractual line item. The City began bidding this work contractually
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approximately ten years ago. This year’s bid results confirm that outsourcing of the
holiday lighting program continues to be the most cost efficient approach and allows for
the section to focus on other forestry operations. Staff mailed 15 bids this year and
received three (3) bids for the installation of holiday lights as detailed below.
FY16 Holiday Lights Bid Data Overview:
Year 1
Complete
Replacement
Year 2
Replacement
Lights Total
On the Green Solutions $26,240 $9,489 $35,729
McFarlane Douglass & Co. $26,500 $9,500 $36,000
Landscape Concepts Mgmt. $23,475 $27,650 $51,125
On the Green Solutions (formerly known as TLC Group, LTD) was the low bidder and has
experience working in Lake Forest and has satisfactorily performed holiday lighting
installation for The City.
Summary of Project Budget:
FY ’16 Funding Source Amount
Budgeted
Amount
Requested
Budgeted?
Y/N
Fund 220 Forestry Operations $ 32,000 $26,240 Y
FY ’17 Funding Source Amount
Budgeted
Amount
Requested
Budgeted?
Y/N
Fund 220 Forestry Operations To Be Budgeted $9,489 N
COUNCIL ACTION: Approval of a two-year contract in the amount of $35,729 to On the
Green Solutions to provide the installation of holiday lights in the Central Business District
(CBD) and Waukegan and Everett Road berm.
5. Consideration of an Addendum to the Westmoreland Road License
Agreement with the Lake Forest Club
PRESENTED BY: Alderman Jack Reisenberg
Elizabeth Holleb, Finance Director, (847-810-3612)
PURPOSE AND ACTION REQUESTED: The Property and Public Lands Committee and staff
recommend approval of the proposed Addendum to the Westmoreland Road License
Agreement, modifying Exhibit C regarding “Additional Considerations”.
PROJECT REVIEW/RECOMMENDATIONS:
Reviewed Date Comments
Property and Public Lands
Committee 8/31/15 Considered and approved Addendum
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Tuesday, September 8, 2015 City Council Agenda
BACKGROUND/DISCUSSION: In 2006, the City and the Lake Forest Club entered into a
Road License Agreement for the old Westmoreland Road right-of-way. The Club was
interested in constructing a landscaped berm on their eastern property line to provide
visual screening and a sound barrier for Rt. 41. In consideration for permitting the Club to
use the right-of-way, the City was to receive a credit toward City held functions at the
Club. Each year the City holds its Board & Commissions Recognition Dinner at the Club
and a portion of the cost is credited per the license agreement.
In May, 2015 the City was contacted by the President of the Lake Forest Club questioning
the methodology for calculating the credit for use of the right-of-way. The language
currently stipulates a five percent (5%) annual increase that has compounding since
2006. The Club is asking for a reconsideration of the methodology to the increase in CPI or
5%, whichever is less. This approach is consistent with the state property tax cap and
other calculations used by the City (rental agreements).
Attached beginning on page 71 is a copy of the 2006 Westmoreland Road License
Agreement, correspondence and the proposed Addendum to the Agreement.
BUDGET/FISCAL IMPACT: A chart highlighting the financial implications of changing the
consideration calculations is attached on page 94.
COUNCIL ACTION: Approval of the Proposed Addendum to the Westmoreland Road
License Agreement between the City of Lake Forest and The Lake Forest Club.
6. Approval of a Replacement Stair Chair and Stretcher
STAFF CONTACT: Kevin Issel, Deputy Fire Chief (810-3865)
PURPOSE AND ACTION REQUESTED: City Staff is requesting approval of the purchase a
replacement Styker Stretcher and Stair Chair for the sum of $21,474.96
BACKGROUND/DISCUSSION: The replacement purchase of a new Stryker stretcher and
stair chair is a shared purchase between the City and the Foreign Fire Insurance
Fund. The intent is to replace older manual equipment with new power equipment that
will help reduce back injuries. The fire department’s Foreign Fire Insurance Fund is
partnering with the City in this purchase and has approved ($14,400) to be applied
towards this purchase, leaving the balance to be paid for by City funds of ($7,074.96).
The City’s portion of this purchase has been filed with IRMA for a grant to reimburse funds
to the City.
BUDGET/FISCAL IMPACT:
FY2016 Funding Source Amount
Budgeted
Amount
Requested
Budgeted?
Y/N
101-7555-422-60-20 7,074.96 7,074.96 Y
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COUNCIL ACTION: Approval of the purchase of a Stryker Stair Chair and Stretcher.
7. Consideration of Ordinances Approving Recommendations from the
Building Review Board. (First Reading and if Desired by the City Council,
Final Approval)
STAFF CONTACT: Catherine Czerniak,
Director of Community Development (810-3504)
The following recommendations from the Building Review Board are presented to the City
Council for consideration as part of the Omnibus Agenda.
21 Ahwahnee Road - The Building Review Board recommended approval of the demolition of
an existing residence and attached garage. The Board recommended approval of a pool,
pool house, pool pavilion and garage on the site. The property was acquired by the
neighboring property owner to the south and the two properties are being developed as a
single zoning lot. The new structures proposed on the lot will be accessory to the main house to
the south. Testimony was presented to the Board recommending that the existing residence be
properly documented for the City’s files prior to demolition. The Board included a condition
requiring documentation of the existing house consistent with the condition regarding
documentation that is normally placed on demolitions. (Board vote: 7-0, approved)
1256 Edgewood Road - The Building Review Board recommended approval of a rear two story
addition, alterations to the front porch and replacement of the existing one car detached
garage with a two car detached garage. The detached garage requires a variance from
zoning setbacks due to the existing nonconforming conditions on the property. The Zoning
Board of Appeals’ recommendation in support of this project is presented concurrently as a
separate agenda item. The Board received a letter of support for the project from a
neighboring property owner. (Board vote: 5-0, approved)
The Ordinances approving the petitions as recommended by the Building Review Board, with
key exhibits attached, are included in the Council packet beginning on page95. The
Ordinances, complete with all 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 Building Review Board’s recommendations.
8. 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)
The following recommendations from the Zoning Board of Appeals are presented to the City
Council for consideration as part of the Omnibus Agenda.
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1020 Breckenridge Avenue – The Zoning Board of Appeals recommended approval of a
variance from the front yard setback for a small extension of the existing garage to improve the
functionality of the space. No public testimony was presented to the Board on this petition.
(Board vote: 6 - 0, approved)
830 Lake Road – The Zoning Board of Appeals recommended approval of a variance from the
side yard setback to allow the addition of an open porch to the rear of the house. No public
testimony was presented to the Board on this petition. (Board vote: 6 - 0, approved)
1055 Ringwood Road South – The Zoning Board of Appeals recommended approval of a
variance from the steep slope setback for a garage addition. The addition is less non-
conforming to the steep slope setback than the house itself. The City Engineer reviewed the
request and recommended approval. A letter was submitted by a resident in the area
expressing general concerns about protecting the ravines. (Board vote: 6 - 0, approved)
1256 Edgewood Road – The Zoning Board of Appeals recommended approval of a variance
from the side and rear yard accessory structure setbacks to allow construction of a
replacement detached garage. The existing garage is non-conforming to the setbacks and
the replacement garage encroaches to a lesser extent than the existing condition. This project
was also presented to the Building Review Board and a recommendation in support of the
project from the BRB is presented concurrently as part of a separate agenda item. No public
testimony was presented to the Board on this petition although a letter in support of the project
was presented to the Building Review Board. (Board vote: 6 - 0, approved)
The Ordinances approving the petitions as recommended by the Zoning Board of Appeals,
including key exhibits; are included in the Council packet beginning on page115. The
Ordinances, complete with all 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.
COUNCIL ACTION: Approve the Eight (8) Omnibus items as presented.
6. ORDINANCES
1. Consideration of an Ordinance Approving a Recommendation from the
Zoning Board of Appeals in Support of a Building Height Variance for a
Significant Addition to the Johnson Science Center on Middle Campus, at
Lake Forest College. (First Reading, and if Desired by the City Council, Final
Approval)
PRESENTED BY: Catherine Czerniak,
Director of Community Development (810-3504)
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Tuesday, September 8, 2015 City Council Agenda
On July 27, 2015 the Zoning Board of Appeals held a public hearing on a request from Lake
Forest College for approval of a height variance for an addition to the Johnson Science
Center. Renovation of the 50-year old science complex will occur concurrent with construction
of the addition. The project, estimated at a cost of $40 million, is essential to support students
and faculty in the years ahead.
Prior to the Zoning Board of Appeals’ consideration of the variance request, the City’s Historic
Preservation Commission considered the project. In approving the project, the Commission
commended the College for committing the resources necessary to undertake this significant
project.
The North and Middle Campuses of Lake Forest College are in the City’s Local Historic
District. The buildings in these areas range in age and historic significance. The historic
buildings on the campus are most visible from the public streetscape. The later buildings,
including the Science Center, are located internal to the campus. In recent years, the
Donnelley Library on Middle Campus was renovated, expanded and updated to meet
the needs and demands of today’s students, incorporate new technology and address
deficiencies of the existing building. The Johnson Science Center project is intended to
upgrade the Campus in a similar way.
As noted above, the Zoning Board of Appeals considered the height variance request
after approval of the project from a design perspective by the Historic Preservation
Commission. The Board considered the following in deliberating on the height variance.
The roof parapet at the tallest portion of the existing Johnson Science Center is just
below 48 feet.
Nearby Young Hall is over 65 feet in height and is located between the public
streetscape and the proposed addition to the science center.
At the roof parapet, the main mass of the proposed addition is similar to the
existing science buildings.
The mechanical penthouse on the roof, as proposed will rise to 59’-3” with stacks
and various air vents rising to 65’. Importantly, the main mass of the building is
generally consistent with portions of the existing science buildings.
The Board voted 5 to 0 to recommend approval of the height variance based on 1) the
consistency of the building height with the overall campus, 2) the location of the
proposed addition internal to the Campus and 3) based on the fact that the building
and the mechanical penthouses in particular are designed to minimize the appearance
of building height and mass. The penthouses are setback from the building facades and
the material and color of the penthouses work together to minimize the appearance of
height.
The Ordinance approving the height variance as recommended by the Zoning Board of
Appeals, including the findings on which the recommendation is based and the
recommended conditions of approval, is included in the Council packet beginning on
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Tuesday, September 8, 2015 City Council Agenda
page146. The Ordinance, complete with all exhibits, is 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 an Ordinance approving the building height variance
as recommended by the Zoning Board of Appeals.
7. ORDINANCES AFFECTING CODE AMENDMENTS
1. Consideration of an Ordinance Amending Section 50, 51, and 52 of the City
Code, Solid Waste, Water, and Sewer Use Charges and Rates as
Recommended by Staff. (First/Final Approval)
PRESENTED BY: Michael Thomas, Director of Public Works (810-3540)
PURPOSE AND ACTION REQUESTED: Staff requests approval of an amendment to the City Code
pertaining to Solid Waste, Water, and Sewer Use Charges and Rates.
On January 20, 2015, City Council granted final approval of an Ordinance adopting an
updated City Code. As a follow up, City Staff and the City Attorney have begun to
review certain provisions of the code to determine whether changes are required to
reflect current practices and policies of the City.
As part of that review, the City Manager, Executive Staff, the City Council Liaison, and the
City Attorney have reviewed the City Code provisions relating to Solid Waste, Water, and
Sewer Use Charges and Rates.
The proposed amendments, including a black line copy showing recommended
changes to the current Code will be sent under separate cover. The red line comments
reflect the initial changes and the blue line comments reflect subsequent changes to the
City Code.
PROJECT REVIEW/RECOMMENDATIONS:
Reviewed Date Comments
Staff June 18, 2015 Various Changes Made
City Manager June 22, 2015 Various Changes Made
Public Works Chairman August 11, 2015 Various Changes Made
City Attorney September 2, 2015 Various Changes Made
BACKGROUND:
Chapter 50 of the City Code provides rules for the collection of refuse by both the City and
private scavengers. The current code had not been updated for many years. The proposed
amendment provides updates of specific materials that are collected (both refuse and
recycling), the frequency of the collections (City crews), the recently established Sanitation fee,
and updated rules for private refuse haulers.
Chapter 51 of the City Code (water) required some significant modifications to include the
inclusion of the recently adopted water well guidelines, an update regarding how water rates
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Tuesday, September 8, 2015 City Council Agenda
are assessed, and rules pertaining to water being shut-off due to non-payment of a property
owner’s water bill.
Chapter 52 of the City Code reviews sewer use charges and rates. The existing code required
only minor updates, specifically highlighting ownership of the sanitary lateral and the
maintenance, etc. that is the responsibility of the property owner. In addition the update
discusses how the sanitary sewer fee is assessed.
BUDGET/FISCAL IMPACT: The fiscal impact as it relates to each of these code updates
has been previously discussed and approved by the City Council (e.g. implementation of
the sanitation fee, loss revenue with new water wells for parcels larger than five acres, a
new water rate structure, etc.).
COUNCIL ACTION: Grant first reading of recommended changes to the City Code relating
to Solid Waste, Water, and Sewer Use Charges and Rates.
8. NEW BUSINESS
9. ADDITIONAL ITEMS FOR COUNCIL DISCUSSION
10. ADJOURNMENT
Office of the City Manager September 2, 2015
The City of Lake Forest is subject to the requirements of the Americans with Disabilities
Act of 1990. Individuals with disabilities who plan to attend this meeting and who require
certain accommodations in order to allow them to observe and/or participate in this
meeting, or who have questions regarding the accessibility of the meeting or the
facilities, are required to contact City Manager Robert R. Kiely, Jr., at (847) 234-2600
promptly to allow the City to make reasonable accommodations for those persons.
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PROCLAMATION OF
WOODLANDS ACADEMY OF THE SACRED HEART DAY SEPTEMBER 18, 2015
WHEREAS, in 1858, the Convent of the Sacred Heart opened on Wabash Avenue in Chicago, and the school moved
to Taylor Street with a new name, Academy of the Sacred Heart in 1860 and reorganized and incorporated under
the name Seminary of the Sacred Heart, and
WHEREAS, the school relocated from Chicago to a 44-acre wooded parcel at the convergence of Sheridan and
Westleigh roads in Lake Forest in 1904, with the new building at that location to become known as Old Main,
housing 66 boarding students that fall; the school changed its name (back) to Convent of the Sacred Heart in 1922.
WHEREAS, Barat College of the Sacred Heart opened in 1918 as an extension of the existing school’s academic
offerings, the last two years of which were equivalent to the first two years of college. Both Convent and Barat
students attended classes in the large classic revival Old Main building.
WHEREAS, in 1961, the elementary and secondary school, most recently known (again) as Academy of the Sacred
Heart, moved from Old Main into its present facility across the ravine from its former home and adopted its
present name, Woodlands Academy of the Sacred Heart;
WHEREAS, Barat became a coed college in 1982 by admitting its first-ever male students and merged with DePaul
University in 2001, and Barat College of DePaul University closed in 2005;
WHEREAS, after a developer’s proposal failed to come to fruition due to the economy, the 23-acre Barat College
parcel was purchased for the purpose of an anonymous donation to Woodlands Academy of the Sacred Heart;
WHEREAS, on December 12, 2012, the birthday of St. Madeleine Sophie Barat, who founded the Society of the
Sacred Heart in 1800 and for whom the college was named, the Barat property is transferred (back) to Woodlands
Academy of the Sacred Heart. The school once again occupies the entire parcel purchased for its predecessor’s
1904 move from Chicago to Lake Forest;
WHEREAS, demolition of Old Main began in 2013. On December 20, the cupola was removed for restoration and
preservation;
WHEREAS, Woodlands Academy of the Sacred Heart is planning a dedication of its new expanded campus Friday,
September 18, 2015, and invites the community to attend and see the new athletic fields, the Gloria Dei Global
Education Center (former Cooney Library of Barat College of DePaul University), the Barat Cupola garden, and
community walking path;
WHEREAS, the open house for the community will take place from 1 to 3 p.m. September 18, 2015, at the campus,
760 E. Westleigh Road, Lake Forest,
NOW, THEREFORE, BE IT RESOLVED THAT I, Donald P. Schoenheider, Mayor of the City of Lake Forest, do proclaim
Friday, September 18, 2015, as WOODLANDS ACADEMY OF THE SACRED HEART DAY, and encourage residents to
partake in the festivities at the school.
ADOPTED THIS 8TH DAY OF SEPTEMBER, 2015.
______________________________________
Donald P. Schoenheider, Mayor
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MASTER LAND TRANSFER AGREEMENT BY AND BETWEEN
THE CITY OF LAKE FOREST AND LAKE FOREST OPEN LANDS ASSOCIATION
This MASTER LAND TRANSFER AGREEMENT (the “Agreement”) is entered into by and
between THE CITY OF LAKE FOREST, an Illinois special charter and home rule municipality (the
"City"), and LAKE FOREST OPEN LANDS ASSOCIATION, an Illinois not for profit corporation (the
"Association”)(collectively, the City and Association shall hereinafter be referred to as the
“Parties”).
In consideration of the mutual promises, covenants, and undertakings hereinafter set forth,
the Parties hereby agree as follows:
Section 1: Recitals.
A. The mission of the City is to achieve the goal of being the best-managed, fiscally
responsible, and appealing community in the United States by promoting a living and working
environment built upon a community spirit of trust, respect, and broad-based citizen involvement.
B. The mission of the Association, a nationally accredited, non-profit and community-
based land trust incorporated in 1967, is to be an independently funded conservation and education
organization devoted to the acquisition and stewardship of our natural landscapes, and to ensuring
all generations have a meaningful, lasting connection to nature and our land.
C. The Association is proud to be the only land trust in Illinois that has achieved national
re-accreditation from the Land Trust Alliance Accreditation Commission in recognition of meeting the
highest national quality standards for excellence in permanently protecting important natural places
and working lands forever.
D. The Association employs a full-time team of trained and certified restoration
ecologists that annually manage, steward, and restore over 805 acres of local natural areas
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including 330 acres directly owned, 265 acres preserved via 51 independent conservation
easements, and over 204 acres of land under lease.
E. The Association possesses the special expertise, financial resources, and
organizational mission to manage and restore some of the most rare and valued natural areas and
public nature preserves within Lake Forest, including the very highest quality natural areas such as
Middlefork Savanna, Shaw Prairie, and Haffner Meadow, all areas recognized and dedicated by the
Illinois Nature Preserves Commission as deserving the highest level of protection and recognition in
the State of Illinois.
F. On May 6, 2002 the City passed a resolution Regarding the Preservation of Open
Space declaring "that the City of Lake Forest is blessed with an abundance of natural, historic,
architectural and cultural assets including ravines, prairies, woods, shoreline on Lake Michigan,
estates and landscaped estate grounds" and added that "it is the policy of the City of Lake Forest to
preserve its natural, historic, architectural, and cultural assets through all means."
G. The City and Association have enjoyed a successful historic public/private
partnership that has enhanced the quality of life in Lake Forest by preserving open space, creating
conservation-based developments, enacting positive open space zoning policies, and partnering on
numerous open space and environmental initiatives.
H. The City owns an approximately 61 acre parcel along Sheridan Road in southeast
Lake Forest depicted on Exhibit A attached hereto and commonly known as the “McCormick
Ravine.”
I. McCormick Ravine is a natural area with a unique and highly-diverse ecosystem of
deep ravines, uplands, eroded bluffs, and remnants of high quality seeps and mesic forest including
threatened and endangered species. In addition, the western portion of the McCormick Ravine has
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traditionally been utilized as a summer recreation camp enjoyed by Lake Forest youths (the
“McCormick Day Camp”), which use the Parties desire to maintain.
J. McCormick Ravine has important natural, environmental, and cultural value to the
Lake Forest community, yet requires a substantial investment in restoration to address significant
threats to its long-term health, increasingly degraded natural infrastructure, and aesthetic value.
K. The City and the Association currently share in a formal Land Management
Agreement, otherwise known as the Master Lease Agreement, entered into on August 18, 1995 and
as it has or may be amended from time-to-time (the “1995 Land Management Agreement”), in
which the Association agrees to assist with the stewardship of McCormick Ravine among other open
space properties owned by the City.
L. The Association and its volunteers have contributed time and resources for 20 years
to help research, educate students and adults, manage, and protect McCormick Ravine as part of
the 1995 Land Management Agreement, and the Association considers the accelerated investment
in the long term protection and restoration of McCormick Ravine as its top conservation priority
within Lake Forest.
M The Association owns a 1.25 acre open space parcel at the southeast corner of East
Deerpath Road and North Green Bay Road legally described on Exhibit B attached hereto
commonly known as “Open Lands Park,” which park represents a gateway to the City's historic
business district.
N The City possesses the skills and resources to own, manage, and improve public
parks and specialized public open spaces within Lake Forest to maximize their beauty, function, and
usefulness for the enjoyment and economic benefit of our residents.
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O. The City is the owner of certain land depicted on Exhibit C attached hereto commonly
known as “Elawa Farm,” which is an historic complex that includes outbuildings, historic grounds
and formal garden for the enjoyment of the public.
P. The Association is the owner of certain land contiguous to Elawa Farm, which land is
legally described on Exhibit D attached hereto commonly known as the “Middlefork Farm Nature
Preserve,” and includes an approximately one quarter acre, triangular-shaped parcel encompassing
the southeast corner of the Elawa Farm formal garden (the “Elawa Triangle”), which is legally
described on Exhibit D-1 attached hereto.
Q. The Association currently licenses the Elawa Triangle for use in connection with
Elawa Farm for gardening and other varied programming (the “Elawa Triangle License”).
R. The City and the Association recognize McCormick Ravine, Open Lands Park, Elawa
Farm, and the Middlefork Farm Nature Preserve (collectively, the “Properties”) as important
recreational and public open space resources that require appropriate and specialized land
management and maintenance.
S. The City and the Association mutually desire to have the Properties maintained as
beautiful and protected open space areas accessible to all residents of Lake Forest in perpetuity.
T. The United States Congress has found that the Great Lakes comprise a nationally
and internationally significant fishery and ecosystem that should be developed and enhanced in a
coordinated manner. To this end, Congress has enacted Section 506 of the Water Resources
Development Act of 2000, which authorized the Great Lakes Fishery & Ecosystem Restoration
program ("GLFER").
U. GLFER is implemented by the United States Army Corps of Engineers ("USACE") in
participation with the Great Lakes Fishery Commission, which coordinates proposals by state, tribal,
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and federal partners, and individual projects requiring non-Federal partner(s) to provide 35% of
project costs and to operate and maintain the completed projects.
V. As part of this Agreement, the Association and the City intend to engage in an
intensive restoration of McCormick Ravine for the maintenance and enhancement of its stormwater
management capabilities, which purposes can be achieved as part of the USACE’s GLFER
program. To this end, the Parties intend to enter into a “Project Partnership Agreement for the
Design and Construction of the Lake Forest Ft. Sheridan Ravine & Coastal Section 506 Great Lakes
Fishery and Ecosystem Restoration Project” (the “PPA”) generally in the form of Exhibit E attached
hereto. As part of its activities under the PPA, the Association intends to commit the substantial
financial (cash and in-kind) resources necessary to meet the cost and management requirements
for both Parties under the PPA.
W. Pursuant to its home rule authority and Article VII, Section 10(a) of the Illinois
Constitution, the City is authorized to enter into this Agreement for purposes of furthering the best
interests of the City and its residents.
X. As more specifically set forth in this Agreement and its exhibits, the City and the
Association desire to enter into this Agreement, including the exchanges of various of the Properties
as more fully set forth below, in order to better align the Parties’ operational strengths with the needs
and uses of the Properties, to better meet the long-term management responsibilities and
restoration potential of each of the Properties, and to best serve the interests of the citizens of Lake
Forest.
Section 2: GLFER Program and PPA.
A. Execution of PPA.
The Parties agree to execute and deliver the PPA to the USACE on or before September 30,
2015. The Parties acknowledge that each will be “Non-Federal Sponsors” under the PPA.
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Notwithstanding their individual responsibilities as Non-Federal Sponsors under the PPA, the Parties
agree that the duties of Non-Federal Sponsors under the PPA shall be allocated between the City
and the Association as provided in this Agreement. In addition, if the final PPA provides that the
Non-Federal Sponsors are obligated to pay for any share of the cost of constructing reefs or other
in-water structures, or for any share of increased costs resulting from unforeseen conditions, or if the
final PPA contains any other provisions that either of the Parties deems to be contrary to its best
interests, either of the Parties may decline to execute the PPA, and terminate this Agreement as
provided in Section 8 hereof.
B. Performance under PPA.
The City agrees to grant all necessary rights, easements, and authorizations to the
McCormick Ravines as may be required of the Non-Federal Sponsors under the PPA. Except as
set forth in the last sentence of this Section 2.B, the Association agrees to be responsible for all
other obligations of the Non-Federal Sponsors under the PPA, including without limitation all
contributions to the “total project costs” required from the Non-Federal Sponsors under the PPA (the
“Financial Contribution”) through the completion of the “Restoration Work” (which, for purposes
of this Agreement, shall be the completion of all but the monitoring elements of the “Project” as
defined in the PPA). With respect to the responsibilities of the Parties as Non-Federal Sponsors
under the PPA, following the completion of the Restoration Work, the Association will be responsible
for the East Lot and West Lot of the McCormick Ravine (as hereinafter defined), and the City shall
be responsible for the Former Army Lot and the City Lot (as hereinafter defined); except that: (i) the
Association shall assume responsibility for management of the Former Army Lot upon and if the
Former Army Lot is conveyed from the City to the Association; (ii) nothing in this Agreement will be
deemed to limit the rights and responsibilities of the Association under the 1995 Land Management
Agreement; and (iii) the Association shall not be obligated to pay for any costs for restoration or
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repair to the facilities within the Ravine Utility Easement (as hereinafter defined). Additionally,
nothing in this Agreement shall require the Association to undertake or perform any monitoring,
maintenance, or other obligations of the USACE as specified in the PPA.
C. Additional Rights and Responsibilities of the City.
Notwithstanding the provisions of Section 2.B of this Agreement, the City agrees to
cooperate reasonably with the Association in undertaking and performing the responsibilities of the
Non-Federal Sponsors in the PPA, provided that such cooperation does not require the City to incur
any cost or expense of a material nature not expressly provided for in this Agreement. In addition, in
the event that the Association fails to perform the responsibilities of the Non-Federal Sponsors
under the PPA in accordance with Section 2.B of this Agreement, the City shall have the right (but
not the obligation vis-à-vis the Association) to perform (either directly or indirectly) such Non-Federal
Sponsor responsibilities (the “City Self-Help”). In addition, provided that (i) the City has notified the
Association of the specific failures relating to the Non-Federal Sponsors’ responsibilities for which
the City intends to pursue the City Self-Help (the “PPA Breach”), and (ii) the Association has failed
to cure the PPA Breach within ten business days after such notice (or such longer period as the
USACE and the City have approved in writing), the City shall have the right to recover from the
Association its costs and expenses reasonably and necessarily incurred in connection with the
exercise of the City Self-Help remedies.
D. Lack of GLFER Authorization; Termination of PPA.
In the event that:
(i) the PPA is not fully executed by October 15, 2015; or
(ii) the USACE does not receive by December 31, 2015, all necessary authorizations
(including appropriation of funds) to undertake and complete the restoration of
McCormick Ravine (including table land, stream bed, and beach areas, but excluding
reefs and other in-water structures),
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either of the Parties shall have the right to pursue termination of the PPA on behalf of both Parties
upon prior written notice delivered to the other Party not less than seven calendar days prior to the
exercise of termination rights under the PPA. In addition to their own termination rights, the Parties
acknowledge that the USACE has rights to terminate the PPA. Upon such termination of the PPA,
this Agreement may be terminated in accordance with Section 8 hereof.
Section 3: McCormick Ravine.
A. Subdivision.
The City shall promptly take all required action to cause the McCormick Ravine to be
resubdivided into four separate lots (the “East Lot,” the “City Lot,” the “Former Army Lot,” and the
“West Lot”) in general accordance with the “Draft Plat” attached as Exhibit F attached hereto. The
City shall consult with the Association in the development of the final lot configurations for the
resubdivided McCormick Ravine prior to the processing for approval of the “McCormick Ravine
Subdivision” and the final configuration shall be subject to the Association's approval which shall
not be unreasonably withheld.
B. East Lot Conveyance.
Within the later of (i) 60 days after the Effective Date of this Agreement, or (ii) ten days after
the PPA is fully executed, the Parties shall enter into a “Purchase and Sale Agreement” in general
conformity with Exhibit G attached hereto, whereby the City agrees to convey the East Lot to the
Association. The closing on the conveyance of the East Lot shall be deferred until 45 days after the
Association has notified the City that the Restoration Work has been satisfactorily completed;
provided that such closing shall not occur prior to the date that the conveyance of the East Lot is
permitted under the PPA and all applicable federal regulations. Contemporaneous with the closing
on the City’s conveyance of the East Lot to the Association, the Association shall: (i) grant to the City
a public utility easement upon the East Lot in general conformity with Exhibit H attached hereto (the
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“Ravine Utility Easement”); (ii) execute and record a declaration of covenants in general conformity
with Exhibit I attached hereto for the preservation of the East Lot as public open space within the
corporate limits of the City (the “Open Space Covenant”). The Parties acknowledges that the
Association shall have the right to use the existing easement across Lots 149 and 150 of the Villa
Turicum Subdivision (Document 1370261) (the “Circle Lane Easement”) as the owner of the East
Lot, and that the City shall have the right to use the Circle Lane Easement in connection with the
Ravine Utility Easement affecting the East Lot, which uses shall be subject to the terms and
limitations of the Circle Lane Easement.
C. West Lot Conveyance.
Within the later of (i) 60 days after the Effective Date of this Agreement, or (ii) ten days after
the PPA is fully executed, the Parties shall enter into a Purchase and Sale Agreement, whereby the
City agrees to convey the West Lot to the Association. The closing on the conveyance of the West
Lot shall be deferred until (iii) 45 days after the Association has notified the City that the Restoration
Work has been satisfactorily completed, or (iv) at the Association’s option, at the time of closing on
the conveyance of the East Lot; provided that such closing shall not occur prior to the date that the
conveyance of the East Lot is permitted under the PPA and all applicable federal regulations.
Contemporaneous with the closing on the City’s conveyance of the West Lot to the Association, the
Association shall: (v) grant to the City the Ravine Utility Easement upon the West Lot; (vi) execute
and record the Open Space Covenant with respect to the West Lot; and (vii) grant to the City a
permanent easement for the McCormick Day Camp upon the West Lot in general conformity with
Exhibit J attached hereto (the “Day Camp Easement”).
D. Former Army Lot Conveyance.
Within the later of (i) 60 days after the Effective Date of this Agreement, or (ii) ten days after
the PPA is fully executed, the Parties shall enter into a Purchase and Sale Agreement, whereby the
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City agrees to convey the Former Army Lot to the Association. The closing on the conveyance of
the Former Army Lot shall be deferred until not more than 45 days after the Association has notified
the City that it has determined that the United States Army has satisfactorily completed
environmental and site remediation work on the Former Army Lot; which shall include, at a
minimum, achieving compliance with applicable clean-up standards and the removal of the Former
Army Lot from the National Priorities List (40 CFR 300.425(e)). Notwithstanding the foregoing, the
Purchase and Sale Agreement for the conveyance of the Former Army Lot by the City to the
Association shall be terminated if the closing has not been consummated within ten (10) years after
the Effective Date of this Agreement. Contemporaneous with the closing on the City’s conveyance
of the Former Army Lot to the Association, the Association shall: (iii) grant to the City the Ravine
Utility Easement upon the Former Army Lot; (iv) execute and record the Open Space Covenant with
respect to the Former Army Lot; and (v) grant to the City the Day Camp Easement with respect to
the Former Army Lot.
E. Access and Restoration License.
Within the later of (i) 60 days after the Effective Date of this Agreement, or (ii) ten days after
the PPA is fully executed, the City shall grant to the Association a license in general conformity with
Exhibit K attached hereto (the “McCormick Access Easement”) to access the McCormick Ravine
for purposes of pursuing maintenance, restoration, and preservation activities consistent with the
standards in the 1995 Land Management Agreement. The McCormick Access Easement shall be
and remain in effect until the sooner of (i) the termination of this Agreement, (ii) for each of the East
Lot, West Lot, and Former Army Lot, until the closing on the conveyance of each such lot as
provided in this Section 3, or (iii) for the City Lot, until such time as the City Lot Easement is
recorded.
F. Access and Restoration Easement over City Lot.
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Contemporaneous with the closing on the City’s conveyance of the West Lot, the City shall
grant to the Association a permanent easement in general conformity with Exhibit L attached hereto
(the “City Lot Easement”) to access the City Lot for purposes of pursuing maintenance, restoration,
and preservation activities consistent with the standards in the 1995 Land Management Agreement.
Section 4: Open Lands Park.
Within 60 days after the Effective Date of this Agreement, the Parties shall enter into a
Purchase and Sale Agreement, whereby the Association agrees to convey Open Lands Park to the
City. The closing on the conveyance of Open Lands Park shall occur not more than 90 days after
the Parties have executed (i) each of the Purchase and Sale Agreements set forth in Sections 3.B,
3.C, and 3.D of this Agreement, and (ii) the McCormick Access Easement as provided in Section
3.E of this Agreement. Contemporaneous with the closing on the Association’s conveyance of
Open Lands Park to the City, the City shall execute and record an Open Space Covenant with
respect to Open Lands Park.
Section 5: Elawa Triangle.
Within 60 days after the Effective Date of this Agreement, the Parties shall enter into a
Purchase and Sale Agreement, whereby the Association agrees to convey the Elawa Triangle to the
City. The closing on the conveyance of the Elawa Triangle shall occur not more than 90 days after
the Parties have executed (i) each of the Purchase and Sale Agreements set forth in Sections 3.B,
3.C, and 3.D of this Agreement, and (ii) the McCormick Access Easement as provided in Section
3.E of this Agreement. Contemporaneous with the closing on the Association’s conveyance of the
Elawa Triangle to the City, the City shall execute and record an Open Space Covenant with respect
to the Elawa Triangle, and the Association shall take all actions necessary to effect the assignment
of the Elawa Triangle License to the City as licensor.
Section 6: General Terms Respecting Conveyances.
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A. Consideration.
With respect to each of the conveyances provided for in Sections 3.B, 3.C, 3.D, 4, and 5 of
this Agreement (collectively, the “Conveyances”), the Parties acknowledge and agree that the
mutual undertakings, promises, and covenants set forth in this Agreement are good and adequate
consideration to support such conveyance. The Parties further acknowledge and agree, however,
that the monetary consideration for each such conveyance shall be Ten Dollars ($10.00), which
amount shall be paid at the time of closing.
B. Expenses.
The Parties agree that each shall bear their own costs (including attorneys’ fees) with
respect to the Conveyances, as well as the McCormick Access Easement and the City Lot
Easement. In each instance, the granting Party shall be responsible for providing the legal
description and survey of the parcel involved, as well as the cost of title insurance (not to exceed
$10,000 in Amount of Insurance) in connection with the Conveyances.
C. Pre-Existing Encumbrances
With respect to the Conveyances, the Parties agree that the grantee to each such
Conveyance to accept the property being conveyed with all encumbrances of record existing as of
the Effective Date, unless an encumbrance is deemed by such grantee to thwart the purposes of the
Conveyance in question, in which case the Parties shall cooperate in modifying, eliminating, or
insuring over such encumbrance.
D. Document Forms.
The Parties agree that the document forms attached to this Agreement as Exhibits G-L are
subject to modification and customization for their particular use, and final terms and provisions of
such documents will be subject to the mutual agreement of the Parties. The Parties agree to use
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best efforts and to negotiate in good faith to reach final agreement regarding such documents and
any other documents to be used in connection with Sections 2-5 of this Agreement.
E. Covenants and Reverter Clauses.
In addition to the general provisions set forth in the Open Space Covenant form, the Open
Space Covenants for the East Lot, West Lot, and Former Army Lot shall incorporate the
maintenance obligations of the PPA and shall contain terms (including notice and opportunity to
cure provisions acceptable to the Association) under which title to any of those lots may revert back
to the City in the event that the Association fails to perform the maintenance obligations of the PPA.
The deeds to Open Lands Park and the Elawa Triangle shall also contain rights of reverter
(including notice and opportunity to cure provisions acceptable to the City) in favor of the
Association if the City shall fail to maintain such parcels as open space in accordance with the
applicable open space covenants.
F. Representations.
The Parties represent to each other that each has the authority to effect the Conveyances,
as well as the granting or acceptance (as the case may be) of the McCormick Access Easement
and the City Lot Easement.
Section 7: Continued Cooperation.
A. In General.
The Parties agree that each of their interests will be advanced by their continued cooperation
in connection with matters relating to open space in Lake Forest. To this end, the Parties will
examine other land holdings that each controls for purposes of determining whether further
conveyances between the Parties will enhance the efficient and cost-effective management of open
spaces in Lake Forest.
B. Continued Effect of 1995 Land Management Agreement.
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The Parties agree that, to the extent already applicable, the 1995 Land Management
Agreement shall continue in full force and effect upon the Properties; provided that: (i) this
Agreement is not intended to subject any of the Properties to the 1995 Land Management
Agreement to the extent it is not currently subject to the 1995 Land Management Agreement; (ii) any
portions of the Properties to be conveyed under this Agreement will no longer be subject to the 1995
Land Management Agreement following the closing with respect to such portion of the Properties
unless the Parties otherwise expressly agree in writing.
Section 8: Termination of Agreement.
This Agreement may be terminated as follows:
a. In the event that the PPA is not executed in accordance with Section 2 of this Agreement,
then this Agreement shall terminate immediately upon written notice by either Party to the
other Party.
b. In the event that the PPA is terminated as provided in Section 2 of this Agreement and
before the Restoration Work is completed, then this Agreement shall terminate upon written
notice by either Party to the other Party; provided, however, that, such termination shall not
be effective until any wind-up activities relating to the Non-Federal Sponsors under the PPA
have been completed; and provided further that in the event that the closing on either Open
Lands Park or the Elawa Triangle has previously occurred, then the Association as part of its
termination notice or upon notice within 15 days following receipt of a termination notice from
the City, may demand re-conveyance of Open Lands Park or the Elawa Triangle or both, in
which event the City shall promptly deliver a quitclaim deed for such property or properties to
the Association.
c. Upon notice by one Party (the “Terminating Party”) to another Party stating its intention to
terminate this Agreement (a “Termination Notice”), provided that: (i) such Termination
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Notice shall set forth a “Termination Date” not less than 30 days after the Termination
Notice; (ii) the Terminating Party does not withdraw the Termination Notice prior to the
Termination Date; and (iii) no Conveyances have closed in accordance with Sections 3-5 of
this Agreement. In addition, the City shall have no right to issue a Termination Notice after
the Association has made the Financial Contribution as provided in Section 2 of this
Agreement.
d. Upon the mutual written agreement of the Parties.
Section 9: Legal Relationship and Requirements.
A. Entire Agreement.
This Agreement supersedes and repeals all prior negotiations, representations, and
understandings between the Parties hereto, but this Agreement shall not alter, amend, or otherwise
modify any other agreement between the Parties except as expressly provided herein. There are no
representations, covenants, promises, or obligations not contained in this Agreement, including
Exhibits attached hereto, that form any part of this Agreement or upon which either of the Parties is
relying in entering into this Agreement.
B. Recitals and Exhibits.
All of the recitals in Section 1 of this Agreement and Exhibits A through L attached to this
Agreement are, by this reference, incorporated into and made a part of this Agreement.
C. Applicable Law and Venue.
This Agreement is executed and to be performed in the State of Illinois, and shall be
governed by and construed in all respects, whether as to validity, construction, capacity,
performance, or otherwise, in accordance with the laws of the State of Illinois. It is agreed between
the Parties that, in the event of any dispute involving, arising out of, or concerning this Agreement,
venue shall lie in the Circuit Court of the Nineteenth Judicial Circuit, Lake County, Illinois.
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D. No Third-Party Beneficiaries; Joint Defense.
Nothing in this Agreement shall create, or shall be construed or interpreted to create, any third-
party beneficiary rights. In the event that a third-party should make a claim or demand or file a suit
challenging the provisions of this Agreement or its exhibits (including without limitation any challenge
that this Agreement is unlawful or unauthorized) (a “Claim”), the Parties shall jointly defend
themselves, each other, and this Agreement against such Claim, unless the Parties mutually agree
to modify the Agreement in a manner that would negate the Claim.
E. Amendments.
Except as expressly provided otherwise in this Agreement, this Agreement shall not be
modified, changed, altered, amended, or terminated without the written consent of both of the
Parties hereto, including a resolution duly adopted by the City Council of the City expressing such
consent.
F. Waivers.
No term or condition of this Agreement shall be deemed waived by any Party unless the term
or condition to be waived is set forth specifically in a written document executed by a duly authorized
representative of such Party. No waiver by either Party of any term or condition of this Agreement
shall be deemed or construed as a waiver of any other term or condition of this Agreement, nor shall
waiver of any breach of this Agreement be deemed to constitute a waiver of any subsequent breach
whether of the same or different provisions of this Agreement.
G. Interpretation and Severability.
It is the intent of the Parties that this Agreement be construed and interpreted so as to
preserve its validity and enforceability as a whole. In case of any conflict among the provisions of
this Agreement, including Exhibits A through L, inclusive, the provision that best promotes and
reflects the intent of the Parties shall control. If any provision of this Agreement is construed or held
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to be void, invalid, or unenforceable in any respect, the Parties shall seek to amend this Agreement
to give full and legal effect to such provision, and, in any event, the remaining provisions of this
Agreement shall not be affected thereby but shall remain in full force and effect.
H. Successors; Assignment.
This Agreement, and all of its covenants, rights, and obligations, shall extend to, bind, and
inure to the benefit of the City and the Association, and to their respective successors, officers, and
officials. Except as otherwise expressly provided in this Agreement, neither the City nor the
Association shall: (a) assign this Agreement in whole or in part; (b) assign any of their respective
rights or obligations under this Agreement; or (c) assign any payment due or to become due under
the terms and conditions of this Agreement, without the prior express written consent of the other
Party, which consent may not be unreasonably or arbitrarily be withheld.
I. Effective Date.
This Agreement shall be in full force and effect and binding on the Parties hereto from and
after the Effective Date of __________________, 2015, unless and until terminated pursuant to
Section 8 of this Agreement.
J. Notices.
All notices and other communications in connection with this Agreement shall be in writing
and shall be deemed delivered to the addressee thereof when delivered in person or by express
mail or messenger at the address set forth below or three business days after deposit thereof in any
main or branch United States post office, certified or registered mail, return receipt requested,
postage prepaid, properly addressed to the Parties, respectively, as follows:
CITY: The City of Lake Forest
City Manager
220 E. Deerpath
Lake Forest, IL 60045
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ASSOCIATION: Lake Forest Open Lands Association
President
350 North Waukegan Road
Lake Forest, IL 60045
By notice complying with the foregoing requirements of this Section 9.K, each Party shall have the
right to change the addressees or addresses or both for all future notices and communications to
such Party, but no notice of such a change shall be effective until actually received.
K. Execution in Counterparts.
This Agreement may be executed in multiple identical counterparts, and all of said
counterparts shall, taken together, constitute the Agreement.
L. Enforcement.
The Parties hereto may in law or in equity enforce or compel the performance of this
Agreement, and shall otherwise have all remedies provided by applicable federal, state, and local
laws, ordinances, rules, regulations, and codes.
M. Naming and Signage.
At such time as the title to the East Lot is conveyed to the Association, the Association shall
have the right to name McCormick Ravine with a name that recognizes a donor to the Association.
The Association shall have the right to place a sign with such name on Sheridan Road, such sign
being consistent in size and appearance with other signs placed by the Association in its other
preserves.
[Signature pages to follow.]
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IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed by their
duly authorized corporate officers and have caused their corporate seals to be hereunto affixed all
as of the day and year first above written.
LAKE FOREST OPEN LANDS ASSOCIATION THE CITY OF LAKE FOREST
By:__________________________ By: ____________________________
Donald Schoenheider, Mayor
Its __________________________
Date: _______________________ Date:___________________________
Attest:_______________________ Attest:_________________________
City Clerk
Its __________________________
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LIST OF EXHIBITS
EXHIBIT A: Depiction of McCormick Ravine
EXHIBIT B: Legal Description of Open Lands Park
EXHIBIT C: Depiction of Elawa Farm
EXHIBIT D: Legal Description of Middlefork Nature Preserve
EXHIBIT D-1: Legal Description of Elawa Triangle
EXHIBIT E: Project Partnership Agreement (PPA)
EXHIBIT F: Draft Plat
EXHIBIT G: Purchase and Sale Agreement Form
EXHIBIT H: Ravine Utility Easement Form
EXHIBIT I: Open Space Covenant Form
EXHIBIT J: Day Camp Easement Form
EXHIBIT K: McCormick Access Easement Form
EXHIBIT L: City Lot Easement Form
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EXHIBIT A
Depiction of McCormick Ravine
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EXHIBIT B
Legal Description of Open Lands Park
LOT 2 IN RESUBDIVISION OF GRAHAM ALDIS SUBDIVISION, IN THE NORTHWEST 1/4 OF
SECTION 33, TOWNSHIP 44 NORTH, RANGE 12, EAST OF THE THIRD PRINCIPAL MERIDIAN,
ACCORDING TO THE PLAT THEREOF RECORDED OCTOBER 16, 1958 AS DOCUMENT 1007276, IN
BOOK 34 OF PLATS, PAGE 84, IN LAKE COUNTY, ILLINOIS.
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EXHIBIT C
Depiction of Elawa Farm
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EXHIBIT D
Legal Description of Middlefork Farm Nature Preserve
OUTLOT C IN MIDDLEFORK FARM, BEING A SUBDIVISION OF PARTS OF THE SOUTH HALF OF
SECTION 30 AND THE NORTH HALFOF SECTION 31, TOWNSHIP 44 NORTH, RANGE 12, EAST OF
THE THIRD PRINCIPAL MERIDIAN, AND THE SOUTHEAST 1/4 OF SECTION 25, TOWNSHIP 44
NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT
THEREOF RECORDED OCTOBER 1, 1998 AS DOCUMENT 4214648 AND CORRECTED BY
CERTIFICATE OF CORRECTIONRECORDED MARCH 17, 2000 AS DOCUMENT 4503423, IN LAKE
COUNTY, ILLINOIS.
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EXHIBIT D-1
Legal Description of Elawa Triangle
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EXHIBIT E
Project Partnership Agreement (PPA)
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EXHIBIT F
Draft Plat
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EXHIBIT G
Purchase and Sale Agreement Form
THIS PURCHASE AND SALE AGREEMENT is made and entered into as of this _____
day of __________, 2015 by and between________________________,
a____________________("Purchaser"), and ________________________, A
_________________________________("Seller"). Purchaser and Seller are referred to herein
collectively as the "Parties."
W I T N E S S E T H:
WHEREAS, Seller currently holds legal title to a parcel of real estate and
appurtenant rights thereto (the “Property”) described as follows:
[INSERT LEGAL DESCRIPTION OF PROPERTY]
WHEREAS, the Parties have entered into a Master Land Transfer Agreement (the
"MLTA"), which contemplates the exchange of certain parcels of real estate by and between the
parties pursuant to the terms of a separate Purchase and Sale Agreement for each parcel, and this
Agreement is one such Agreement pertains only to that land referred to in the MLTA as the
____________________________________________ .
WHEREAS, Seller desires to sell the Property to Purchaser, and Purchaser desires
to purchase the Property from Seller.
NOW, THEREFORE, in consideration of the mutual covenants and agreements of
the parties hereinafter set forth, the parties hereto mutually covenant and agree as follows:
1. AGREEMENT TO PURCHASE.
Seller agrees to sell, convey and assign to Purchaser, and Purchaser agrees to
purchase and accept from Seller the Property under the terms and for the purchase price set forth
hereinbelow.
2. PURCHASE PRICE.
The total purchase price (the "Purchase Price") to be paid to Seller by Purchaser for
the Property shall be Ten Dollars ($10.00), which amount, plus or minus prorations, shall be
payable at Closing
3. EARNEST MONEY.
No earnest money shall be required in this transaction.
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4. CONVEYANCE.
Conveyance by Seller to Purchaser of the Property shall be by special warranty deed
in recordable form, and such deed shall convey to Purchaser or its nominee good and marketable
title in fee simple to the Property, subject only to those exceptions shown on Schedule A attached
hereto and made a part hereof, and any additional exceptions approved in writing by Purchaser
(hereinafter collectively called "Permitted Exceptions").
5. TITLE.
(a) Seller shall deliver or cause to be delivered to Purchaser, at Seller's sole cost
and expense, in form and substance satisfactory to Purchaser, not less than 30 days prior to the
"Closing Date" (as hereinafter defined), a preliminary title report (the "Title Commitment")
issued by the Title Company, showing title to the Property in Seller, subject only to the Permitted
Exceptions.
(b) Seller shall deliver or cause the Title Company to deliver (or commit to
deliver) to Purchaser, prior to the disbursement by the Title Company of the Purchase Price an
ALTA Form B owner's title insurance policy (the "Title Policy") in the amount of the Purchase
Price, with full extended coverage over the general exceptions contained in the Title Policy,
containing no exceptions other than the Permitted Exceptions.
(c) If the Title Commitment discloses exceptions to title other than the
Permitted Exceptions, Purchaser shall so notify Seller and Seller shall have 15 days from the date
of such notification in which to have those unpermitted exceptions removed or insured over and
if Seller does not cause such unpermitted exceptions to be removed or insured over within such
time period or is unable to deliver to Purchaser at Closing the Title Policy in the form required
hereunder, Purchaser may elect either to take title as it then is and deduct from the Purchase Price
such amounts which will discharge any unpermitted liens or encumbrances of a definite or
ascertainable amount, or to terminate this Agreement. The Closing Date shall be postponed for
each day required by Seller to cure unpermitted exceptions or defects
6. SURVEY.
Seller shall deliver or cause to be delivered to Purchaser, at Seller's sole cost and
expense, not less than 10 days prior to the Closing Date, two copies of a survey of the Property
(the "Survey") prepared by a surveyor registered in the State of Illinois and certified by said
surveyor as of a date after July 1, 2015 in accordance with the 2011 ALTA/ACSM Standards and
including items 1,4,8,11(a), 18 and 19 of Table A to those Standards. The surveyor's certificate
shall be certified to Purchaser and its assigns, its mortgage lender, if any, and the Title Company.
In addition, the Survey shall comply with any requirements imposed by the Title Company as a
condition to the removal of the survey exception from the general exceptions in Schedule B of
the Title Commitment.
7. BROKER’S COMMISSION
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Purchaser and Seller each represent and warrant to the other that they have not dealt
with any broker or finder with respect to the transaction contemplated by this Agreement.
8. CLOSING.
(a) Subject to the conditions precedent contained in this Agreement, including
delivery of the Title Policy and the Survey to Purchaser, the closing of this transaction (the
"Closing") shall take place on _____________________ (the "Closing Date"). The Closing shall
be held at the Lake Forest, Illinois office of the Title Company through an escrow with the Title
Company pursuant to the Title Company's usual form of escrow agreement by the Title
Company, modified in accordance with the terms of this Agreement, or at such other location as
the parties may mutually agree upon in writing. Seller and Purchaser shall share equally in the
cost of the escrow. The cost of any "New York Style Closing" or "gap closing" shall be borne
equally by the parties. All the documents referred to in subsection (b) of this Section, the
Purchase Price and possession of the Property shall be delivered on the Closing Date. On the
Closing Date when the Title Company issues (or commits in writing to issue) its Title Policy
pursuant to Section 5(b) hereof, the Title Company shall disburse the net proceeds of sale to
Seller and Seller shall deliver possession of the Property.
(b) At the Closing, Seller shall deliver the following all in form, execution and
substance satisfactory to Purchaser:
(i) Special Warranty Deed duly executed and acknowledged by
Seller, conveying to Purchaser or Purchaser's nominee, title to the Property,
in proper form for recording and subject only to the Permitted Exceptions;
(ii) ALTA Statement and other documents required by the Title
Company for clearance of all exceptions to title other than the Permitted
Exceptions;
(iii) Seller's gap undertaking, if necessary;
(iv) State of Illinois and Lake County real estate transfer tax
declarations and evidence of compliance with any local requirements, if any,
for the transfer of real estate;
(v) A certificate with respect to Seller's non-foreign status
sufficient to comply with Section 1445 of the Internal Revenue Code of
1954 and the regulations promulgated thereunder;
(vi) An affidavit of title in customary form; and
(vii) A certified copy of the resolution of Seller's governing
authority authorizing this transaction.
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(c) At the Closing, Purchaser shall deliver the following all in form and
substance satisfactory to Seller:
(i) The balance of the Purchase Price; and
(ii) ALTA Statement.
(d) Seller shall pay all costs incurred in obtaining the Title Commitment, the
Title Policy and the Survey, recording releases of any existing liens, and all state and county
transfer taxes imposed in connection herewith. The transaction is exempt from state, county, and
municipal transfer taxes. Purchaser shall pay all fees for recording the deed and any mortgage, if
any. The fees and expenses of Seller's designated representatives, accounts and attorneys shall be
borne by Seller, and the fees and expenses of Purchaser's designated representatives, accountants
and attorneys shall be borne by Purchaser.
9. ADJUSTMENTS.
All proratable items, if any, other than general real estate taxes shall be prorated as
of the Closing Date, and such prorations shall be final unless otherwise agreed in writing by the
parties. General real estate taxes for the Property not due and payable at the time of Closing shall
be adjusted pro rata as of the Closing Date on the basis of 105% of the most recent ascertainable
taxes on the Property. Purchaser and Seller agree to reprorate the amount of such real estate
taxes within ten days following receipt of the bills therefor, and this agreement shall survive
closing.
10. REMEDIES.
(a) If Seller should breach any of its covenants, representations or warranties
contained in this Agreement or should fail to consummate the sale contemplated herein for any
reason other than Purchaser's default hereunder, Purchaser shall have the right, after giving Seller
not less than ten days' written notice of such default, if such default still remains uncured after
the notice period, (i) to enforce specific performance of this Agreement and recover its costs
(including without limitation reasonable attorneys' fees) in so obtaining specific performance, or
(ii) to terminate this Agreement.
(b) If Purchaser should breach any of its covenants, representations or
warranties contained in this Agreement or should fail to consummate the sale contemplated
herein for any reason other than Seller's default hereunder, Seller shall have the right, after giving
Purchaser not less than ten days' written notice of such default, if such default still remains
uncured after the notice period, (i) to enforce specific performance of this Agreement and recover
its costs (including without limitation reasonable attorneys' fees) in so obtaining specific
performance, or (ii) to terminate this Agreement.
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11. MODIFICATIONS, WAIVERS, ETC.
(a) Each party reserves the right to waive any of the conditions precedent to its
respective obligations hereunder. No such waiver, and no modification, amendment, discharge
or change of this Agreement, except as otherwise provided herein shall be valid unless the same
is in writing and signed by the party against which the enforcement of such modifications,
waiver, amendment, discharge or change is sought.
(b) This Agreement contains the entire agreement between the parties relating
to the transaction contemplated hereby, and all prior or contemporaneous agreements,
understandings, representations and statements, oral or written, are merged herein.
12. NOTICES.
All notices, demands, requests and other communications under this Agreement
shall be in writing and shall be deemed properly served when faxed or delivered, or, if sent by
registered or certified mail, return receipt requested, postage prepaid, addressed as follows:
If intended for Seller:
with copy to
If intended for Purchaser:
with a copy to:
Notices shall be deemed to have been duly given or made on the date receipt, if faxed or
delivered, or three days after mailing, if mailed, however, that either party may change its address
for purposes of receipt of any such communication by giving 10 days' written notice of such
change to the other party in the manner above prescribed.
13. CONDITION OF PROPERTY.
PURCHASER ACKNOWLEDGES THAT IT HAS HAD ADEQUATE
OPPORTUNITY TO INSPECT, REVIEW AND CONSIDER ALL MATTERS
AFFECTING THE USE, OWNERSHIP AND DEVELOPMENT OF THE PROPERTY,
AND, EXCEPT AS SET FORTH HEREIN, THE CONVEYANCE OF THE PROPERTY
WILL BE MADE ON AN “AS IS/WHERE IS” BASIS. SELLER’S CONVEYANCE OF
THE PROPERTY SHALL BE WITHOUT REPRESENTATION OR WARRANTY OF
ANY KIND OR NATURE WHATSOEVER, EXPRESS OR IMPLIED (WITH THE
EXCEPTION OF ANY SELLER’S WARRANTIES EXPRESSLY SET FORTH
ELSEWHERE IN THIS AGREEMENT), INCLUDING, BUT NOT LIMITED TO: (I)
ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS OR
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HABITABILITY, GOOD OR FAIR CONDITION OR REPAIR OR GOOD AND
WORKMANLIKE CONSTRUCTION AND (II) ANY WARRANTIES OR
REPRESENTATIONS WITH RESPECT TO POTENTIAL LIABILITIES UNDER OR
WITH RESPECT TO ANY ENVIRONMENTAL LAWS, ALL OF WHICH
WARRANTIES ARE EXPRESSLY DISCLAIMED BY SELLER AND WHICH
DISCLAIMER IS ACCEPTED BY PURCHASER.
14. MISCELLANEOUS.
(a) This Agreement shall be binding upon and shall inure to the benefit of the
parties hereto and their respective heirs, executors, administrators, personal representatives,
successors and assigns.
(b) This Agreement shall be governed by and construed in accordance with the
laws of the State of Illinois. The invalidation of one or more of the terms of this Agreement shall
not affect the validity of the remaining terms.
(c) Whenever in this Agreement words, including pronouns, are used in the
masculine, they shall be read in the feminine or neuter whenever they would so apply and vice
versa, and words in this Agreement that are singular shall be read as plural whenever the latter
should so apply and vice versa.
(d) This Agreement may be executed in any number of counterparts, each of
which shall be deemed an original, and all of which, when taken together, shall constitute one
Agreement.
(e) Time is of the essence of this Agreement.
(f) Each individual executing this Agreement on behalf of a party hereto hereby
warrants that he or she has full authority to execute and deliver this Agreement on behalf of such
party and to consummate or cause the consummation of the obligations of such party contained
herein. Subject to the foregoing, the trustees identified herein shall have no personal liability
hereunder.
(g) This instrument and the MLTA contain the entire agreement of the parties,
and no representations, warranties or agreement have been made by either of the parties except as
set forth herein and in the MLTA. No modification, waiver or amendment of the provisions of
this Agreement shall be effective unless made in writing and signed by the parties hereto. In the
event of any inconsistency or conflict between the terms of this Agreement and applicable terms
of the MLTA, the terms of the MLTA shall prevail.
(h) This Agreement may be executed in any number of counterparts, each of
which shall be deemed an original, and all of which, when taken together, shall constitute one
Agreement.
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SELLER:
By:
Title:
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PURCHASER:
By:
Title:
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SCHEDULE A
to Purchase and Sale Agreement
PERMITTED EXCEPTIONS
1. General real estate taxes not due and payable as of the Closing Date.
2. Covenants, conditions and restrictions of record that have been approved in writing by
Purchaser.
3. Public and utility easements which do not interfere with Purchaser's intended use of the
Property.
4. Acts committed by or suffered through Purchaser.
5. Such other title exceptions that do not impair the use of the property as open space
6. Other title exceptions approved by Purchaser
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EXHIBIT H
Ravine Utility Easement Form
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This instrument prepared for
and after recording return to:
Robert R. Kiely, Jr.
City Manager
The City of Lake Forest
220 E. Deerpath,
Lake Forest, IL 60045
EASEMENT AGREEMENT
THIS AGREEMENT, dated as of this _____ day of ________________, 201__, by and
between THE CITY OF LAKE FOREST, an Illinois home rule special charter municipality (“City”),
and LAKE FOREST OPEN LANDS ASSOCIATION, an Illinois not-for-profit corporation (“Owner”);
W I T N E S S E T H:
WHEREAS, Owner is the legal owner of record of certain real property situated within the
corporate limits of The City of Lake Forest, Lake County Illinois, which real property is legally
described in Exhibit 1 attached hereto and by this reference incorporated herein and made a part
hereof (“Easement Premises”); and
WHEREAS, the City desires to establish and maintain sewer, storm water management, and
other utilities in, upon, over, under, through, along, and across the Easement Premises;
NOW, THEREFORE, in consideration of the sum of Ten Dollars ($10.00) and the mutual
covenants and agreements set forth herein and other good and valuable consideration provided by
the City to Owner, the receipt and sufficiency of which are hereby acknowledged, the parties thereto
mutually agree as follows:
SECTION ONE: Grant of Easement. Owner hereby grants, conveys, warrants, and
dedicates to the City, its successors and assigns, a perpetual easement and right of way to survey,
construct, reconstruct, lay, use, own, operate, maintain, test, inspect, repair, replace, enlarge,
renew, alter, remove, or abandon in place (these activities shall hereinafter collectively be referred to
as “Installation”) City utility lines including without limitation pipes, conduits, and overland channels
of a size, material, and number, and with such attachments, equipment, and appurtenances thereto
as the City may deem necessary or desirable for its needs (which utility lines, overland channels,
and the attachments, equipment, and appurtenances shall hereinafter collectively be referred to as
the “Facilities”), subject to the terms and conditions hereinafter set forth, in, upon, over, under,
through, along, and across the Easement Premises, together with all reasonable rights of ingress
and egress over, along, upon, and across the Easement Premises and any adjoining lands of
Owner necessary for the exercise of the rights herein granted.
SECTION TWO: Installation. The City agrees that it shall cause any Installation of the
Facilities to be done and completed in a good and workmanlike and lien-free manner (exclusive of
liens that may result from actions of the Owner).
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SECTION THREE: Restoration. Upon completion of any Installation activity by the City, its
authorized agents, servants, employees, or contractors, the City agrees to (a) replace and grade all
topsoil removed by the City; (b) restore all fences and roads as nearly as practicable to the condition
immediately preceding the Installation if damaged or removed by the City as a direct result of the
Installation; (c) replace any and all sod removed by the City with sod of like quality; (d) replace any
and all natural grass removed by the City by seeding with native seed; and (e) restore any native
vegetation damaged or removed by the City.
SECTION FOUR: Hold Harmless. The City agrees to save and hold Owner harmless from
all claims, causes of action, suits, damages, or demands that arise directly from the negligence of
the City or its authorized agents, servants, employees, or contractors in the Installation of the
Facilities or any releases from the Facilities on the Easement Premises.
SECTION FIVE: Reservation of Rights. Owner hereby reserves the right to use the
Easement Premises and its adjacent property in any manner that will not prevent or interfere in any
way with the exercise by the City of the rights granted hereunder; provided, however, that Owner
shall not permanently or temporarily improve, disturb, damage, destroy, injure, or obstruct the
Easement Premises, nor permit the Easement Premises to be permanently or temporarily improved,
disturbed, damaged, destroyed, injured, or obstructed, at any time whatsoever, without the express
prior written consent of the City. Owner shall have the right to grant other non-exclusive easements
over, along, upon, or across the Easement Premises; provided, however, that any other easements
shall be subject to this Agreement and the rights granted hereby; and provided further, however, that
the City shall have first consented in writing to the terms, nature, and location of any other
easements.
SECTION SIX: Further Assurances. Owner hereby represents and warrants that it shall
take all necessary action so that the easements contemplated by this Agreement shall be released
from all liens, including but not limited to, the lien of all mortgages, mechanics’ lien claims, security
agreements, assignments of rents and leases, and shall execute all such documents as may be
reasonably necessary to perfect the City’s right, title, and interest herein.
SECTION SEVEN: Covenants Running with the Land. The easements and rights
granted in this Agreement, the restrictions imposed by this Agreement, and the agreements and
covenants contained in this Agreement shall be easements, rights, restrictions, agreements, and
covenants running with the land, shall be recorded against the Easement Premises, and shall be
binding upon and inure to the benefit of Owner and the City and their respective heirs, executors,
administrators, grantees, successors, assigns, agents, licensees, invitees, and representatives,
including, without limitation, all subsequent owners of the Easement Premises, or any portion
thereof, and all persons claiming under them. If any of the easements, rights, restrictions,
agreements, or covenants created by this Agreement would otherwise be unlawful or void for
violation of (a) the rule against perpetuities or some analogous statutory provision, (b) the rule
restricting restraints on alienation, or (c) any other statutory or common law rules imposing time
limits, then such easements, rights, restrictions, agreements, or covenants shall continue only until
21 years after the death of the last survivor of the now living lawful descendants of any now living
current or former President of the United States.
SECTION EIGHT: Assignment of Rights. Owner agrees that the City may assign its rights
or delegate its duties under this Agreement, in whole or in part, without the consent of Owner.
SECTION NINE: Amendment. This Agreement may be modified, amended, or annulled
only by the written agreement of Owner and the City.
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SECTION TEN: Survival. All representations and warranties contained herein (including in
the Recitals and Exhibits) shall survive the execution of this Agreement and the recordation thereof
and shall not be merged.
[Signature pages to follow.]
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IN WITNESS WHEREOF, the parties hereto have executed or have caused this instrument
to be executed by their proper officers duly authorized to execute same.
ATTEST: THE CITY OF LAKE FOREST
______________________________ _______________________________________
Deputy City Clerk City Manager
ATTEST: LAKE FOREST OPEN LANDS ASSOCIATION
______________________________ ________________________________________
STATE OF ILLINOIS )
) SS
COUNTY OF LAKE )
I, ________________________, a Notary Public in and for said County, in the State
aforesaid, do hereby certify that Robert R. Kiely, Jr., personally known to me to be the City Manager
of The City of Lake Forest, and Margaret Boyer, personally known to me to be the Deputy City Clerk
of the City, and personally known to me to be the same persons whose names are subscribed to the
foregoing instrument, appeared before me this day and acknowledged that as the City Manager and
the Deputy City Clerk of The City of Lake Forest, they signed and delivered said instrument as their
free and voluntary act and as the free and voluntary act of The City of Lake Forest for the uses and
purposes therein set forth.
Given under my hand and official seal this ______ day of ___________________, 201__.
____________________________________
Notary Public
My commission expires: ______________________________
(SEAL)
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STATE OF ILLINOIS )
) SS
COUNTY OF LAKE )
I, ________________________, a Notary Public in and for said County, in the State
aforesaid, do hereby certify that _____________________ personally known to me to be the
_________________ of Lake Forest Open Lands Association, and ______________________,
personally known to me to be the _____________ of such Association, and personally known to me
to be the same persons whose names are subscribed to the foregoing instrument, appeared before
me this day and acknowledged that as the ____________ and the _______________ of Lake
Forest Open Lands Association, they signed and delivered said instrument as their free and
voluntary act and as the free and voluntary act of the Lake Forest Open Lands Association for the
uses and purposes therein set forth.
Given under my hand and official seal this ______ day of ___________________, 201__.
____________________________________
Notary Public
My commission expires: ______________________________
(SEAL)
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24
EXHIBIT 1
LEGAL DESCRIPTION OF THE EASEMENT PREMISES
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25
EXHIBIT I
Open Space Covenant Form
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26
EXHIBIT J
Day Camp Easement Form
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27
EXHIBIT K
McCormick Access Easement Form
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28
EXHIBIT L
City Lot Easement Form
59
The City of Lake Forest
CITY COUNCIL
Proceedings of the Monday, August 3, 2015
City Council Meeting - City Council Chambers
CALL TO ORDER AND ROLL CALL: Honorable Mayor Schoenheider called the meeting to order at
pm, and Deputy City Clerk Margaret Boyer called the roll of Council members.
Present: Honorable Mayor Schoenheider, Alderman Waldeck, Alderman Beidler, Alderman
Pandaleon, Alderman Newman, Alderman Tack, Alderman Reisenberg, Alderman Moreno and
Alderman Adelman.
Absent: None
Also present were: Robert Kiely, City Manager; Elizabeth Holleb, Finance Director; Victor Filippini,
City Attorney; Catherine Czerniak, Director of Community Development; Sally Swarthout, Director
of Parks & Recreation, Michael Thomas, Director of Public Works; James Held, Chief of Police;
Kevin Issel, Deputy Chief of Police; Mike Strong, Assistant to the City Manager; Jim Lockefeer,
Management Intern and Anne Whipple.
There were approximately 25 present in the audience.
PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was recited by all in attendance.
REPORTS OF CITY OFFICERS
COMMENTS BY MAYOR
Mayor Schoenheider invited the community to participate in all Lake Forest Day festivities.
A. 2015-2016 Board and Commission Appointments/Reappointments
HISTORIC PRESERVATION COMMISSION
NAME OF MEMBER APPOINT/REAPPOINT WARD
Pete Schaefer Appoint 3
COUNCIL ACTION: Approve the Mayors Appointment
Alderman Pandaleon made a motion to approve the Mayors appointment, seconded by Alderman
Newman. Motion carried unanimously by voice vote.
COMMENTS BY CITY MANAGER
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Proceedings of the August 3, 2015
Regular City Council Meeting
City Manager, Robert Kiely introduced Norm Carlson, Lake County Board Representative with
Metra. Mr. Carlson shared a letter of appreciation for the Fire and Police Chief in relation to a
recent train accident in Lake Forest.
City Manager Robert Kiely reported that staff was asked to review current towing practices; and
he then introduced James Held, Chief of Police.
A. Police Department Towing Policy Review and Update
Chief Held presented an updated towing policy in response to concerns raised by a local towing
company. Chief Held reported that on many occasions, the Police Department needs to utilize
towing services for a variety of reasons; the most common being for accidents when a vehicle is
not drivable. It has been the practice of the Lake Forest Police Department to maintain a tow list
that is used for these types of situations. The Police Department may also need to utilize a tow
service for “arrest tows”. This procedure is somewhat different in that the police department
utilizes only one vendor. Chief Held stated that this vendor must meet other requirements
separate from the standard “tow list” vendors.
Chief Held stated that Lake Forest, in conjunction with surrounding communities has established a
fee structure for tow services in order to avoid one company charging more than another for the
same service, and that any tow vendor desiring to be included on the tow list must abide by this
fee structure.
COUNCIL ACTION: No action required. The revised towing policy was prepared by the Police
Department with assistance from the City Attorney. The policy was then reviewed and endorsed
by the Legal Committee. With the new policy in place, the Police Department will be notifying
each of its current tow list companies of the new requirements and application procedure to be
included on the list.
B. Update on City’s Special Events Policy
City Manager, Robert Kiely, reported that staff has looked at the current Special Event Policy in
two ways. First determining the impact on the City, what resources are necessary and how the
event affects the workforce. Secondly, classifying the different types of events based on affect and
services necessary into three different categories. An example, a class A event would include July
4, Tree Lighting and Lake Forest Day. Mr. Kiely stated that staff will be analyzing the other
categories to measure the impact on the neighborhoods and the benefits to residents, and will
report to the Council in late October.
COMMENTS BY COUNCIL MEMBERS
FINANCE COMMITTEE
A. Consideration of an Ordinance providing for the issuance of up to $10,000,000 General
Obligation Bonds, Series 2015, for the purpose of financing certain capital improvements within
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Proceedings of the August 3, 2015
Regular City Council Meeting
the City, including but not limited to, infrastructure improvements in the City’s Laurel Avenue
Tax Increment Financing District, providing for the levy and collection of a direct annual tax
sufficient to pay the principal and interest on the bonds, and authorizing the sale of the bonds
to the purchaser thereof. (Second Reading and Final Approval)
Finance Director Elizabeth Holleb reported that the City’s Five-Year Capital Improvement Program
anticipated the issuance of bonds in Fiscal Year 2016 of approximately $4.69 million to fund
capital improvements in the City. And that the remaining bond proceeds will be used to support
Tax Increment Financing (TIF)-eligible improvements in the recently approved TIF district for
redevelopment of the Laurel and Western Avenue property. The TIF bond proceeds associated
with this issue will reimburse costs associated with property acquisition, site preparation,
environmental mitigation and public works improvements, as well as fund capitalized interest on
the bonds.
Ms. Holleb stated that Moody’s Investors Service conducted a rating review on July 16 and on July
24, the City was notified that Moody’s had issued a Aaa rating on this issue and affirmed the Aaa
rating on all outstanding obligations.
The interest rate on the bond issue was determined at the online bid auction on August 3. Debt
service on the bond issue is scheduled through December 2035 and will be paid from the City’s
property tax levy for debt and TIF increment. Ms. Holleb reviewed the Bond sale results:
Competitive Bid – online auction by Speer Financial
Nine (9) bids received
Successful bidder:
FTN Financial Capital Markets
True Interest Cost (3.0396%) – better than estimate of 3.16%
Coupon rates of 2.50% (2016) to 3.75% (2036)
Bonds maturing December 2024 and later are callable beginning 12/15/2023
The City Council had discussion on the Moody’s rating and TIF. Mayor Schoenheider asked if there
was anyone who wanted to comment on the matter: Paul Hamman, 511 W Beverly, offered his
opinion.
Finance Director, Elizabeth Holleb thanked Bond Counsel, Chapman and Cutler and the City’s
Financial Advisor, Speer Financial.
Alderman Newman advised the Council that he will recuse/abstain himself from the vote on this
issue.
Seeing no further discussion Mayor Schoenheider asked for a motion.
RECOMMENDED ACTION: Grant final approval of the bond ordinance (page 39). An online bid
will occur on Monday, August 3. At the August 3 City Council meeting, a final bond ordinance
will be presented for Council consideration that will include the successful bidder information
and financial details.
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Proceedings of the August 3, 2015
Regular City Council Meeting
Alderman Moreno made a motion to approve an Ordinance providing for the issuance of
$9,780,000 General Obligation Bonds, Series 2015, for the purpose of financing certain capital
improvements within the City, including but not limited to, infrastructure improvements in the
City’s Laurel Avenue Tax Increment Financing District, providing for the levy and collection of a
direct annual tax sufficient to pay the principal and interest on the bonds, and authorizing the sale
of the bonds to the purchaser thereof (Second Reading and Final Approval), seconded by
Alderman Reisenberg. The following voted “Yea”: Aldermen Waldeck, Beidler, Pandaleon, Tack,
Reisenberg, Adelman and Moreno. The following voted “Nay”: None. The following abstained;
Alderman Newman. 7 Yeas, 0 Nays, 1 abstention. Motion carried.
PUBLIC WORKS COMMITTEE
1. Request City Council Approval to Direct the Water Plant’s Design Engineer to Provide Filter
Bids for Both an 11 and 14 Million Gallons / Day (MGD) Plant Capacity
Public Works Chairman Catherine Waldeck reported that Staff is requesting City Council approval
to direct Strand Associates to provide the City Council with formal bids for the water plant’s filters
at both an 11 and 14 million gallons / day (MGD) capacity.
Chairman Catherine Waldeck summarized the comprehensive evaluation of various options
available to address a new filter system at the plant. The City Council acknowledged the increase
in cost between the two filter capacities and agreed that a final decision on either an 11 or a 14
mgd plant capacity would be determined based upon the bids and the recommendations received
by the Public Works Committee in January, 2016.
Mayor Schoenheider asked if there was anyone from the public who wanted to comment on the
topic. Seeing none, he asked for a motion.
COUNCIL ACTION: Staff Requests City Council Approval to Direct the Water Plant’s Design
Engineer to Provide Filter Bids for Both an 11 and 14 Million Gallons / Day (MGD) Plant Capacity.
Both Capacities Will Be Reviewed by the Public Works Committee in December, 2015 and a
Recommendation Forward for City Council Approval in January, 2016.
Alderman Reisenberg made a motion for approval to Direct the Water Plant’s Design Engineer to
Provide Filter Bids for Both an 11 and 14 Million Gallons / Day (MGD) Plant Capacity, both
Capacities will be reviewed by the Public Works Committee in December, 2015 and a
recommendation forwarded for City Council Approval in January, 2016, seconded by Alderman
Pandaleon. The following voted “Yea”: Aldermen Waldeck, Beidler, Pandaleon, Newman, Tack,
Reisenberg, Adelman and Moreno. The following voted “Nay”: None. 8 Yeas, 0 Nays, motion
carried.
2. Consideration of an Ordinance Proposing the Establishment of a Special Service Area for the
Installation of a Sanitary Sewer System along Regency Lane (SSA #40). (First Reading and if
Desired by the City Council, Final Approval)
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Proceedings of the August 3, 2015
Regular City Council Meeting
Public Works Chairman Catherine Waldeck reported that over the past several years, City Staff has
received comments from residents in the Regency Lane and Winwood Drive neighborhoods who
have suggested that the installation of sanitary sewers would benefit the neighborhood and
replace outdated septic systems. Since this type of infrastructure improvement project can be
expensive, the City has traditionally utilized a Special Service Area (SSA) as a funding mechanism
to pay for this type of improvement.
Under an SSA, the City defines an area in which all property owners are benefited by the proposed
improvement. Based on the actual cost of the project, a tax rate is established which, when
applied against each property and is sufficient to pay for the improvement costs over a period of
years.
In March 2015, the City sent letters to approximately 45 properties in these neighborhoods
addressing these concerns, and introducing the opportunity to discuss establishing an SSA to
pursue a sanitary sewer improvement. The City received a response from one resident in the
Regency Lane neighborhood asking for more information about the SSA process.
City engineering staff first met with Regency Lane residents on May 11, 2015, to discuss the
process of installing a public sanitary sewer system. There were a few residents who attended this
meeting and expressed interest in moving the process forward to establish an SSA. A second
meeting was held with residents on June 23, 2015, to go over preliminary engineering plans, SSA
costs, and the steps that would need to be taken to propose an SSA for this project. The
engineering plans provided details on the proposed location of a new sanitary system, and
residents were informed that ongoing maintenance responsibility of the new public infrastructure
would be assumed by the City in perpetuity. An official petition endorsed by a majority of the
neighbors has been submitted to the City, in accordance with City policy, along with an initiation
letter requesting that the City Council establish a Special Service Area (SSA) to finance the
installation of a sanitary sewer system to serve 15 parcels in the Regency Lane Area.
Chairman Waldeck reviewed a tentative schedule showing the various steps required to complete
the SSA process. The attached proposing Ordinance accomplishes the following:
1. Acknowledges property owners’ request of necessary infrastructure upgrades;
2. Calls for a public hearing on August 17, 2015, to start the 60-day objection period prior to
establishment of the SSA; and
3. Establish SSA No. 40 at the Council Meeting on October 19, 2015.
The preliminary estimate for the residents’ share of the project, for the installation of a new public
sanitary sewer system, is $862,675. This is a conservative estimate based on the information
regarding the location of the main utility and scope of the improvement available at the present
time. Chairman Waldeck stated the residents’ share of the project and their annual tax levy will be
recalculated to reflect the actual total cost of the project once final costs are received.
Additionally this project is funded internally from fund balance reserves. Annual tax levies would
be recorded and deposited, and the interest accrued would be credited to the City for advancing
the funds on behalf of the benefiting property owners. A schedule was provided.
COUNCIL ACTION:
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Proceedings of the August 3, 2015
Regular City Council Meeting
1. Grant first reading and final approval for the Ordinance proposing the Establishment of
a Special Service Area for the Installation of a Sanitary Sewer System along Regency
Lane (SSA #40)
2. Authorize Gewalt Hamilton & Associates to proceed with Phase I and II engineering for
an expense not to exceed $50,100
3. Authorize Gewalt Hamilton & Associates to proceed with the creation of easement
documents for an expense not to exceed $9,200
After Council discussion, Mayor Schoenheider asked if there was anyone from the Public who
wanted to comment. Seeing none, he asked for a motion.
Alderman Beidler made a motion to grant first reading and final approval for the Ordinance
proposing the Establishment of a Special Service Area for the Installation of a Sanitary Sewer
System along Regency Lane (SSA #40), seconded by Alderman Moreno. The following voted “Yea”:
Aldermen Waldeck, Beidler, Pandaleon, Newman, Tack, Reisenberg, Adelman and Moreno. The
following voted “Nay”: None. 8 Yeas, 0 Nays, motion carried.
Alderman Waldeck made a motion to authorize Gewalt Hamilton & Associates to proceed with
Phase I and II engineering for an expense not to exceed $18,100, seconded by Alderman Newman.
The following voted “Yea”: Aldermen Waldeck, Beidler, Pandaleon, Newman, Tack, Reisenberg,
Adelman and Moreno. The following voted “Nay”: None. 8 Yeas, 0 Nays, motion carried.
Alderman Moreno made a motion to Authorize Gewalt Hamilton & Associates to proceed with the
creation of easement documents for an expense not to exceed $9,200, seconded by Alderman
Reisenberg. The following voted “Yea”: Aldermen Waldeck, Beidler, Pandaleon, Newman, Tack,
Reisenberg, Adelman and Moreno. The following voted “Nay”: None. 8 Yeas, 0 Nays, motion
carried.
OPPORTUNITY FOR CITIZENS TO ADDRESS THE CITY COUNCIL ON NON-AGENDA ITEMS
Dave Fontana, 701 Woodland, Lake Bluff, IL offered his opinion on the Towing Policy that was
previously discussed.
ITEMS FOR OMNIBUS VOTE CONSIDERATION
1. Approval of the July 20, 2015 City Council meeting Minutes
2. Approval of the July 27, 2015 Special City Council Workshop meeting Minutes
3. Check Register for Period June 27-July 24, 2015
4. Revisions to FY16 Annual Vendor Approval
5. Approval of a Pension Funding Policy
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Proceedings of the August 3, 2015
Regular City Council Meeting
6. Award of a Thirty Six (36) Month Contract with XO Communications and a
Twelve (12) Month Contract with Call One for Telecommunication Services
7. Award of Contract for Thermoplastic Lane Marking
8. Consideration of Ratification of a Professional Services Contract for Surveying of
the McCormick Nature Preserve.
9. Consideration of Ordinances Approving Recommendations from the Building
Review Board. (First Reading and if Desired by the City Council, Final Approval)
10. Consideration of an Ordinance Approving a Recommendation from the Historic
Preservation Commission. (First Reading and if Desired by the City Council, Final
Approval)
COUNCIL ACTION: Approve the ten (10) Omnibus items as presented.
Mayor Schoenheider asked members of the Council if they would like to remove any item or take
it separately. After discussion of the following; (i) item # 7- clarifying that this is part of a bid
through the NWMC (Northwest Municipal Conference) and (ii) item #8 – clarified that this is done
in preparation for the potential land swap, the Mayor asked for a motion to approve the ten
Omnibus items.
Alderman Reisenberg made a motion to approve the Omnibus items as amended, seconded by
Alderman Pandaleon. The following voted “Yea”: Aldermen Waldeck, Beidler, Pandaleon,
Newman, Tack, Reisenberg, Adelman and Moreno. The following voted “Nay”: None. 8 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
ORDINANCES AFFECTING CODE AMENDMENTS .
Opening Comments by City Manager, Robert Kiely, Jr.
In 2013 the City entered into an agreement with American Legal Publishing to review, edit and
compile current Ordinances. A draft copy of the Code and a list of questions were returned to the
City in early March 2014. At that time Staff had an opportunity to review sections. As a result, Staff
made two types of recommended changes, minor and substantive. Minor changes were submitted
when the Code was approved by Council in January, 2015. Staff is now bringing recommended
substantive changes that reflect the actions of the City.
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Proceedings of the August 3, 2015
Regular City Council Meeting
1. Consideration of an Ordinance Amending Sections 51.075, 51.077, 39.156, 39.159, 39.160 and
39.164 of the City Code as Recommended by the Finance Committee. (First Reading)
Finance Director Elizabeth Holleb and Public Works Director Michael Thomas gave an overview of the
recommended changes pertaining to real estate transfer taxes, water shutoff valve (b-box) inspections
and water leaks. Ms. Holleb reported that the proposed Ordinance would amend City Code to reflect
current practices and allow for a mechanism to ensure location and accessibility of water shutoff valves
(b-box) prior to transfer of title to property, and amend provisions to address water leaks on private
property.
Mr. Thomas reported that current code prohibits all water customers from affecting the operation or
function of a water shutoff valve and that in 2014, the City initiated an inventory of all water shutoff
valves in the City, and the inventory is scheduled to be completed later this fall. Mr. Thomas also
reported that a list of all properties for which the water shutoff valve cannot be located will be compiled
and letters would be sent to property owners encouraging them to locate the shutoff valve and to
contact City staff to update City records.
Ms. Holleb stated that the proposed Ordinance will allow the City to delay the issuance of permits
or real estate transfer tax stamps in the event a water shutoff valve cannot be located on a
property or is inaccessible. As presented, the property owner would be required to remedy the
situation in accordance with long standing Code requirements. Ms. Holleb also noted that on
occasion, the City determines that a property owner’s water shutoff valve is nonfunctional. While
not part of the inventory or inspection process, the proposed Ordinance would also allow for
delay in the issuance of permits or real estate transfer stamps in the event a water shutoff valve
requires repair. In these cases, letters will also be sent to notify the property owner. There are
approximately 200 or 3% of B-boxes not located yet.
The City Council had discussion about water shut-offs, B-boxes and the connecting to real estate
transfer tax and would like to table the current Ordinance and asked the staff to bring forward an
amendment that included Council recommendations.
COUNCIL ACTION : Approve first reading of the proposed Ordinance recommending changes to
City Code relating to real estate transfer taxes, water shutoff valve (b-box) inspections and
water leaks.
Alderman Adelman made a motion to table the item, seconded by Alderman Newman. Motion
carried unanimously by voice vote.
NEW BUSINESS
None
ADDITIONAL ITEMS FOR COUNCIL DISCUSSION
None
ADJOURNMENT
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Proceedings of the August 3, 2015
Regular City Council Meeting
There being no further business. Alderman Pandaleon made a motion to adjourn, seconded by
Alderman Reisenberg. Motion carried unanimously by voice vote at 8:20 p.m.
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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The City of Lake Forest
SPECIAL CITY COUNCIL
Proceedings of the Monday, August 17, 2015
City Council Meeting - City Council Chambers
CALL TO ORDER AND ROLL CALL: Honorable Mayor Schoenheider called the meeting to order at
6:01pm, and Deputy City Clerk Margaret Boyer called the roll of Council members.
Present: Honorable Mayor Schoenheider, Alderman Waldeck, Alderman Beidler, Alderman
Newman, Alderman Tack, Alderman Reisenberg, Alderman Moreno.
Absent: Alderman Pandaleon, Alderman Adelman
Also present were: Robert Kiely, City Manager; Elizabeth Holleb, Finance Director; Betsey Gates,
City Attorney; Catherine Czerniak, Director of Community Development; Michael Thomas, Director
of Public Works; Mike Strong, Assistant to the City Manager; and Jim Lockefeer, Management
Intern.
There were approximately 2 present in the audience.
PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was recited by all in attendance.
REPORTS OF CITY OFFICERS
COMMENTS BY MAYOR
Mayor Schoenheider thanked the American Legion, and all those responsible for making Lake
Forest Day such a great success.
COMMENTS BY CITY MANAGER
None
COMMENTS BY COUNCIL MEMBERS
PUBLIC WORKS COMMITTEE
1. Public Hearing on Proposed Special Service Area for the Installation of a Sanitary
Sewer System along Regency Lane (SSA #40)
COUNCIL ACTION: City staff is requesting that City Council open a public hearing for a proposed
special service area for the installation of a sanitary sewer system along Regency Lane.
Mayor Schoenheider asked if the Council had any questions for Michael Thomas, Director of Public
Works, seeing none, Mayor Schoenheider opened the Public Hearing at 6:02 pm.
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Proceedings of the August 17, 2015
Special City Council Meeting
***OPEN THE PUBLIC HEARING***
Mayor Schoenheider asked if there was anyone from the public who wanted to speak, seeing
none, he asked for a motion to adjourn the Public Hearing.
***CLOSE THE PUBLIC HEARING***
Alderman Tack made a motion to adjourn the Public Hearing, seconded by Alderman Beidler.
Motion carried unanimously by voice vote at 6:03 p.m.
OPPORTUNITY FOR CITIZENS TO ADDRESS THE CITY COUNCIL ON NON-AGENDA ITEMS
None
ITEMS FOR OMNIBUS VOTE CONSIDERATION
None
ORDINANCES
None
ORDINANCES AFFECTING CODE AMENDMENTS
City Manager, Robert Kiely reported that staff is working on changes to the Code and the Council
will begin to see them at their Sept 8 meeting.
NEW BUSINESS
None
ADDITIONAL ITEMS FOR COUNCIL DISCUSSION
None
ADJOURNMENT
There being no further business. Alderman Beidler made a motion to adjourn, seconded by
Alderman Reisenberg. Motion carried unanimously by voice vote at 6:05 p.m.
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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1
FIRST AMENDMENT TO WESTMORELAND
ROAD LICENSE AGREEMENT
THIS FIRST AMENDMENT TO LICENSE AGREEMENT (the “Amendment”), dated as
of this _____ day of ________________, 20___, is made by and between THE CITY OF LAKE
FOREST, an Illinois home rule and special charter municipal corporation (the “Licensor”) and
THE LAKE FOREST CLUB, an Illinois not-for-profit corporation (“Licensee”). In consideration
of the mutual covenants and agreements set forth herein and other good and valuable
consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto
mutually agree as follows:
Section 1: Recitals.
A. The parties have previously entered into that certain “Westmoreland Road
License Agreement” dated 16 November 2006 (the “Agreement”).
B. Pursuant to Section 19.G of the Agreement, its terms may be amended pursuant
to a written amendment executed by the parties.
C. The parties have determined that, due to the unexpectedly low inflation, the
adjustment to the Base Credit Amount set forth in Exhibit C to the Agreement was not an
equitable manner for the parties to proceed.
D. The parties have determined that this Amendment was necessary, desirable, and
consistent with the mutual best interests of the parties.
Section 2: Amendment to Exhibit C of Agreement. The parties hereby agree to
amend Exhibit C of the Agreement in its entirety, so that such Exhibit C shall hereafter be and
read as follows:
EXHIBIT C
ADDITIONAL CONSIDERATION
In consideration for use of that portion of right-of-way commonly known
as Westmoreland Rd. as legally described herein, the Lake Forest Club shall
annually extend to The City of Lake Forest a base credit of $2,500.00 for a City
held function at the Club’s facilities during the second or third week of May each
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2
year unless the parties otherwise agree. The base credit amount will be
increased five (5) percent annually and shall not be applicable to the
consumption of alcoholic beverages by CPI-U of 5%, whichever is less. In
calculating the CPI-U, the parties agree to use the December to December
change as published annually by the U.S. Bureau of Labor Statistics every
January for the Chicago-Gary-Kenosha region (the “BLS CPI”). In the
event that the BLS CPI ceases to be issued, the parties shall mutually
determine an alternative basis for calculating the annual increase to the
base credit amount.
Section 3: Continued Effect. Except as expressly provided in this Amendment, the
Agreement shall remain in full force and effect.
IN WITNESS WHEREOF, the parties hereto have executed or have caused this
instrument to be executed by their proper officers duly authorized to execute same.
THE CITY OF LAKE FOREST THE LAKE FOREST CLUB
___________________________ By:___________________________
Mayor Its ___________________________
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