CITY COUNCIL 2021/04/05 AgendaTHE CITY OF LAKE FOREST
CITY COUNCIL AGENDA
Monday, April 5, 2021 6:30p.m.
REMOTE ACCESS MEETING
Please be advised that all of the City Council members will be remotely attending this Council
meeting by electronic means, in compliance with the recent amendments to the Open
Meetings Act. The Mayor of the City Council has determined that it is not prudent or practical
to conduct an in-person meeting due to the COVID-19 pandemic and that it is not feasible to
have the City Council members or members of the public physically present at the meeting
due to the pandemic disaster.
The City will be providing members of the public with various opportunities to watch or attend
this meeting, as well as provide public comment at the meeting. For example, members of
the public can participate remotely in the meeting by following the public audience link
which will provide both video and audio means to attend the meeting.
Public audience link:
https://us02web.zoom.us/j/85147490128?pwd=VUQwNFVJYThnT2o0STNtdkswMjZNdz09 Webinar ID: 851 4749 0128
Passcode: 1861
Public Comment: 847-810-3643
Honorable Mayor, George Pandaleon
James E. Morris, Alderman First Ward Jim Preschlack, Alderman Third Ward
Jennifer Karras, Alderman First Ward Ara Goshgarian, Alderman Third Ward
Melanie Rummel, Alderman Second Ward Raymond Buschmann, Alderman Fourth Ward
Edward U. Notz, Jr., Alderman Second Ward Eileen Looby Weber, Alderman Fourth Ward
CALL TO ORDER AND ROLL CALL 6:30 pm
PLEDGE OF ALLEGIANCE
REPORTS OF CITY OFFICERS
1. COMMENTS BY MAYOR
A. Consideration of a Resolution Approving A Partial Release of Rights
Concerning Property Located at 655 Forest Avenue, the Location of the
Former Market House Restaurant. (Approval by Motion)
PRESENTED BY:
Catherine Czerniak, Director of Community Development (847-810-3504)
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Monday, April 5, 2021 City Council Agenda
PURPOSE AND ACTION REQUESTED: There is a pending sale of the 655 Forest Avenue property
and the sale is contingent upon action by the City Council approving a partial release of
rights set forth in the deed that was recorded in 1980. The City Council is asked to consider
waiving the City’s right of first refusal and is asked to affirm that the City, through the Historic
Preservation Commission, has approved limited exterior changes to the building and patio.
BACKGROUND/DISCUSSION: Historically, the building at 655 Forest Avenue housed the City’s
Police and Fire Departments. After those departments moved to modernized facilities, the
City sold the property to a private party but reserved certain rights. The Warranty Deed for
the property, dated July 31, 1980, reserved a right of first refusal for the City prior to any
subsequent sale of the property and authorized the City to approve any proposed changes
to the exterior of the building or patio. These rights were reserved in recognition of the historic
significance of the property, its adjacency to City Hall, the importance of the site given its
location at the southwest corner of Market Square, and due to the fact that in 1980, the City’s
Historic Preservation Commission was not yet established.
A sale of the property from MSQ Partners, LLC to Lake Forest Colonial Partners LLC is pending
and the current owner has requested the City’s release of the right of first refusal to facilitate
the sale. As the Council is aware, Le Colonial Restaurant is the intended tenant of the
building once the new ownership, which is locally based, is in place. The City’s right of first
refusal will carry forward for subsequent sales, the current waiver is only applicable to the sale
that is pending at this time.
As noted above, the Deed also provides for City approval of exterior changes to the building
and patio. On January 27, 2021, the Historic Preservation Commission granted a Certificate of
Appropriateness approving limited exterior modifications to the historic building at 655 Forest
Avenue and enhancements to the patio located on the northeast portion of the site. The
approvals included the appointment of a subcommittee of the Commission to work with Le
Colonial on the final details of the planned improvements. An on site meeting was held with
the project architect and landscape architect and the Commission subcommittee issued a
final approval of the exterior changes on February 12, 2021. Some images of the proposed
modifications are included in the Council packet beginning on page 24.
The Resolution presented for Council consideration approving a partial release of rights is
included in the Council packet beginning on page 18.
BUDGET/FISCAL IMPACT: The sale of the property is anticipated to generate both increased
property taxes based on the significant investments planned in the building and on the site,
and increased sales tax revenues. In addition, Le Colonial will draw people to the City’s
Central Businesses to eat, drink and shop. Contacts from new businesses has already
increased likely in response to the news about Le Colonial’s interest in our community.
COUNCIL ACTION: If desired by the City Council, approve a Resolution granting a partial
release of rights for property located at 655 Forest Avenue and authorize the Mayor to sign the
Partial Release of Rights, Exhibit A to the Resolution, in substantially the form presented.
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B. Consideration of a Request from the Owners of Le Colonial Restaurant for
Approval of a Short Term Financial Incentive Agreement Rebating a Portion
of Sales Taxes Received by the City (Approval by Motion)
PRESENTED BY: Elizabeth Holleb, Finance Director (847-810-3612)
STAFF CONTACTS: Elizabeth Holleb and
Catherine Czerniak, Director of Community Development (847-810-3504)
PURPOSE AND ACTION REQUESTED: The City Council is asked to consider a request from the
owners of Le Colonial Restaurant to rebate a portion of sales taxes generated and received
by the City above a minimum annual taxable sales volume for a period of up to four (4) years
or a maximum of $200,000, whichever occurs first. Sales taxes eligible for rebate would be
limited to those generated above the $80,000 in annual sales taxes received by the City.
BACKGROUND/DISCUSSION: Rick Wahlstedt and Joe King, the owners of Le Colonial, a
famed restaurant offering French Vietnamese cuisine with locations in Chicago, San
Francisco, Atlanta, Houston and New York City, are planning a new location in Lake Forest, in
the historic building most recently occupied by Market House Restaurant at 655 Forest
Avenue. This venture is well along in the planning stages, much work has been completed to
date in anticipation of Le Colonial becoming a landmark in the City’s Central Business District
long into the future.
The City’s Historic Preservation Commission recently completed its review of the proposed
alterations to the exterior of the building including the creation of a defining entrance from
Forest Avenue, new signage and significant enhancements to the patio. Le Colonial
representatives have also engaged with City staff in on site meetings to discuss significant
interior demolition, high quality interior renovations and much needed equipment and life
safety upgrades that are all planned for the building. An application for interior demolition is
already on file with the City and work is anticipated to begin within weeks. The upfront
investment in the property is projected to be in excess of $4 million dollars.
In recognition of the significant investment planned for the site and the anticipated sales
taxes to be generated in excess of revenues generated by other restaurants in the
community due to the scale, unique character and popularity of Le Colonial, the restaurant
owners are requesting approval of a short term incentive agreement. The agreement as
proposed establishes specific parameters to be met before any sales taxes would be eligible
for rebate and limits the duration and maximum rebate to be received:
Minimum Taxable Sales Threshold – Establishing a minimum $4 million in annual taxable
sales, the City would receive the first $80,000 in sales taxes generated annually through
the Municipal Sales Tax (MST 1%) and Home Rule Sales Tax (HRST 1%)
Short Term Agreement – The maximum duration of the financial incentive agreement
would be four (4) years.
Cap on Incentive – The maximum cumulative rebate of sales taxes is limited to
$200,000.
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The proposed agreement (Page 27) anticipates that the four-year duration would begin upon
the later of the following: 1) issuance of a full Certificate of Occupancy or 2) the opening of
the restaurant to the public.
BUDGET/FISCAL IMPACT: The City would receive the first $80,000 in sales taxes generated
annually ($4 million taxable sales) through the MST and HRST. The City would rebate 100% of
the sales taxes generated and received by the City annually in excess of $80,000. Sales tax
rebates would cease upon the threshold of: 1) four (4) calendar years or 2) cumulative rebate
payments of $200,000.
COUNCIL ACTION: If desired by the City Council, approve a Short Term Financial Incentive
Agreement for Le Colonial Restaurant Rebating a Portion of Sales Taxes Received by the City
for a Limited Period of Time and Authorize the Mayor to Sign the Agreement in Substantially
the Form Presented Consideration of a Request from the Owners of Le Colonial Restaurants for
Approval of a Short Term Financial Incentive Agreement Rebating a Portion of Sales Taxes
Received by the City
2. COMMENTS BY CITY MANAGER
3. OPPORTUNITY FOR CITIZENS TO ADDRESS THE CITY COUNCIL .
Members of the public can provide public comment by calling the following number during
the meeting: 847-810-3643
4. COMMITTEE REPORTS
5. ITEMS FOR OMNIBUS VOTE CONSIDERATION
1. Approve the Extension of the Mayor’s Declaration of a Local State of Emergency
until the next City Council Meeting
STAFF CONTACT, Jason Wicha, City Manager
PURPOSE AND ACTION REQUESTED: It is requested that the City Council extend the Declaration
to the next City Council meeting.
BACKGROUND/DISCUSSION: Over the past months, the U.S. Government and the State of
Illinois have issued multiple orders declaring a state of emergency over the country and the
State of Illinois in order to address the impact of the global pandemic from COVID-19. In order
to address the impact this pandemic has had on the City of Lake Forest, Mayor Pandaleon
exercised his authority to issue a Declaration of a Local State of Emergency on Saturday, April
4, 2020. At its April 6, 2020, City Council meeting, the City Council extended the Declaration
to the next City Council meeting which was March 15, 2021.
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Monday, April 5, 2021 City Council Agenda
In order to ensure that the emergency powers authorized by the local declaration remain in
effect where necessary, the Mayor is asking the City Council to further extend the Declaration
of a Local State of Emergency until the next City Council meeting that takes place after April
1, 2021.
REVIEW/RECOMMENDATIONS: Following the Mayor exercising his authority to issue a
Declaration of a Local State of Emergency on April 2, 2020. The City Council Approved the
Mayor's Declaration on the following dates; 4/6/2020, 4/20/2020, 5/4/2020, 5/18/2020,
6/1/2020, 6/15/2020, 7/20/2020, 8/3/2020, 9/8/2020, 10/5/2020, 10/19/2020, 11/2/2020,
11/16/2020,12/7/2020, 1/19/2021, 2/1/2021, 2/16/2021, 3/1/2021 and 3/15/2021.
BUDGET/FISCAL IMPACT: N/A
COUNCIL ACTION: Approve the extension of the Mayor’s Declaration of a Local State of
Emergency until the next City Council Meeting
2. Approval of the March 15, 2021, City Council Meeting Minutes
A copy of the minutes can be found beginning on page 44
COUNCIL ACTION: Approval of the March 15, 2021 City Council Meeting Minutes.
3. Approval of the Check Register for the Period of February 20 to March 19, 2021
STAFF CONTACT: Elizabeth Holleb, Finance Director (847-810-3612)
BACKGROUND/DISCUSSION: City Code Section 38.02 sets forth payment procedures of the
City. The Director of Finance is to prepare a monthly summary of all warrants to be drawn on
the City treasury for the payment of all sums due from the City (including all warrants relating
to payroll and invoice payments) by fund and shall prepare a detailed list of invoice
payments which denotes the person to whom the warrant is payable. The warrant list detail
of invoice payments shall be presented for review to the Chairperson of the City Council
Finance Committee for review and recommendation. All items on the warrant list detail
recommended for payment by the Finance Committee Chairperson shall be presented in
summary form to the City Council for approval or ratification. Any member of the City
Council shall, upon request to the City Manager or Director of Finance, receive a copy of the
warrant list detail as recommended by the Finance Committee Chairperson. The City
Council may approve the warrant list as so recommended by the Finance Committee
Chairperson by a concurrence of the majority of the City Council as recorded through a roll
call vote.
The Council action requested is to ratify the payments as summarized below. The associated
payroll and invoice payments have been released during the check register period noted.
Following is the summary of warrants as recommended by the Finance Committee
Chairperson:
Check Register for February 20 - March 19, 2021
Fund Invoice Payroll Total
101 General 490,534 1,609,502 2,100,036
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Monday, April 5, 2021 City Council Agenda
501 Water & Sewer 64,893 189,772 254,665
220 Parks & Recreation 67,532 349,796 417,327
311 Capital Improvements 415,428 0 415,428
202 Motor Fuel Tax 3,362 0 3,362
230 Cemetery 3,134 30,304 33,438
210 Senior Resources 8,324 25,404 33,727
510 Deerpath Golf Course 22,130 2,981 25,110
601 Fleet 89,995 59,874 149,869
416 -
433 Debt Funds 0 0 0
248 Housing Trust 180,000 0 180,000
201 Park & Public Land 0 0 0
All other Funds 321,383 165,514 486,896
$1,666,714 $2,433,145 $4,099,859
The amount designated as “All other Funds” includes $206,059 for expenses associated with
the City’s medical/dental program.
COUNCIL ACTION: Approval of the Check Register for the Period of February 20 to March 19,
2021
4. Approval of a Resolution Reallocating 2021 Volume Cap to the Village of Buffalo
Grove, Illinois
STAFF CONTACT: Elizabeth Holleb, Finance Director (847-810-3612)
PURPOSE AND ACTION REQUESTED: Staff requests approval of a resolution reallocating the
City’s 2021 private activity bond volume cap to the Village of Buffalo Grove, Illinois for the
private activity bond clearinghouse (PABC) pool.
BACKGROUND/DISCUSSION: The Federal Tax Reform Act of 1986 imposes a limit on the
aggregate amount of “tax exempt private activity” bonds (also known as volume cap) that
can be issued by a State. Pursuant to these federal regulations, the State of Illinois has
developed a formula by which the State ceiling is allocated among governmental units in the
State having authority to issue such bonds.
The Illinois Private Activity Bond Allocation Act provides that a home rule unit of government is
allocated an amount equal to $110 multiplied by its estimated population, which for Lake
Forest in calendar year 2021 is $2,149,840 (19,544 x $110). By May 1, 2021, the City must take
action to grant, reserve or transfer its allocation, or the amount is reserved by the Governor’s
Office for a pool. The City may transfer its allocation to any other home rule unit of
government, the State of Illinois or any agency of the State.
This year, the City has received one request (page 50) to transfer its volume cap, as follows:
Organization Proposed Use Amount of Transfer Fee
Village of Buffalo Grove
(Lake County Partners)
Private Activity Bond
Clearinghouse
0.5% or $10,749.20*
* Paid upon issuance of bonds utilizing the allocated volume cap
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Monday, April 5, 2021 City Council Agenda
Home rule units are not prohibited from charging a fee for transferring their cap. In prior years
when economic conditions were more favorable, home rule units were able to induce
developers to pay a higher transfer fee than that offered by Lake County Partners. In recent
years, however, fewer developers have sought the volume cap due to low interest rates and
declines in development activity.
Because the volume cap amount for most municipalities is too small to assist with eligible
projects, Lake County Partners created the Clearinghouse in 2000 as a way for Lake County
communities to pool their cap and make best use of the allocation locally. Lake County
Partners reports that in the past several years, they have seen little activity in the private
activity bond market. Since its inception, the clearinghouse has funded nearly $200 million in
local projects, including the construction of 360,000 square feet of new manufacturing space,
creation of 648 new manufacturing jobs, renovation of 1,600 multi-family dwelling units,
purchase of an estimated 251 homes by “first-time homebuyers”, expansion of a Montessori
School, and construction of a new solid waste disposal “cell”.
This is the 16th year under home rule status that the City has been allocated volume cap. The
City has transferred its volume cap to Buffalo Grove for the past fourteen (14) years. To date,
fee income of $8,574.78 has been received.
BUDGET/FISCAL IMPACT: Upon issuance of bonds utilizing the City’s volume cap, a transfer fee
payment of .5% would be due to the City. Should the entire 2021 allocation be utilized by the
pool, the City would receive $10,749.20.
COUNCIL ACTION: Approval of a Resolution (page 51) Reallocating 2021 Volume Cap to the
Village of Buffalo Grove, Illinois
5. Approval of Wright Benefit Strategies Benefit Consulting Services for Fiscal Year 2022
in the Amount of $30,900
STAFF CONTACT: DeSha Kalmar, Director of Human Resources (847-810-3530)
PURPOSE AND ACTION REQUESTED: The Personnel Compensation Administration (PCA)
Committee is seeking City Council approval of benefit consulting services by Wright Benefit
Strategies.
BACKGROUND/DISCUSSION: Since 2004, the City has contracted with Wright Benefit Strategies
to provide consulting and support services for the City’s medical, dental, and life insurance,
including providing guidance to our Employee Benefit and Wellness Committees. Wright
Benefit Strategies also consults with the City on special projects in the areas of liability
insurance, pension actuarial items and Federal and State legislation issues involving
employee benefits. With the impending retirement of the Director of Human Resources,
approval of this contract for one year will allow for stability while the Director’s successor
becomes familiar with the City’s insurance programs.
This item reflects the Wright Benefit Strategies contract for FY22, including special projects.
There is no increase from his FY21 contract.
Beginning on page 53 of your packet is a detailed scope of service.
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Monday, April 5, 2021 City Council Agenda
PROJECT REVIEW/RECOMMENDATIONS:
Reviewed Date Comments
PCA Committee individual
review 3/4/2021 Reviewed and recommended for City
Council approval.
BUDGET/FISCAL IMPACT:
Has City staff obtained competitive pricing for proposed goods/services? NO
If no, indicate the specific exception or waiver requested:
Administrative Directive 3-5, Section 6.1I – Existing Relationship
The total cost for the recommended services is $30,900, which is included in the FY22 budget:
FY2022 Funding Source Amount
Budgeted
Amount
Requested
Budgeted?
Y/N
61086024353510
Self-ins Fund Contractual Svc. $30,900 $30,900 Y
COUNCIL ACTION: Approval of Wright Benefit Strategies Benefit Consulting Services for Fiscal
Year 2022 in the Amount of $30,900
6. Award of Bid for the Dickinson Hall Kitchen Renovation Project in Partnership with
the Lake Forest-Lake Bluff Senior Citizen’s Foundation to Boller Construction in the
amount of $102,500 and include Authorization for an additional $10,000
contingency and award $3,800 to Kolbrook Design for the Architectural Design for a
total of $116,300
STAFF CONTACT: Tricia Schwall, Senior Resources Manager (847-810-4676)
PURPOSE AND ACTION REQUESTED: The Senior Resources Commission and City staff requests
an award of bid for the Dickinson Hall Kitchen Renovation Project in partnership with the Lake
Forest-Lake Bluff Senior Citizen’s Foundation to Boller Construction in the amount of $102,500
and include authorization for an additional $10,000 contingency and award $3,800 to
Kolbrook Design for the architectural design for a total of $116,300
BACKGROUND/DISCUSSION: Dickinson Hall, the Lake Forest/Lake Bluff Senior Center has
been located on the Grove Cultural Campus since 2001. Over the past 20 years, only minor
improvements have been made to the kitchen including painting, installing an additional
sink, adding a dish sanitizer, and replacing the refrigerator. The kitchen features cabinets that
are regularly in need of repair and has flooring that is worn and discolored and a 20 year old
oven. Renovating and updating this space will provide a safe and welcoming environment
for our members. See the attached Scope of Work on page 56.
The Lake Forest/Lake Bluff Senior Citizen’s Foundation has approved a contribution to fund
the renovation of Dickinson Hall’s kitchen in equal amounts with the City of Lake Forest
Senior Resources Fund reserves based on City Council approval to fund the renovations with
Boller Construction utilizing Senior Resources Fund reserves and the contribution from the
Senior Citizens Foundation.
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Monday, April 5, 2021 City Council Agenda
PROJECT REVIEW/RECOMMENDATIONS:
Reviewed Date Comments
Lake Forest-Lake Bluff Senior
Citizen’s Foundation 3/22/21 Approved Kitchen Renovation Project
Senior Resources Commission 3/19/21
Reviewed & Recommended Lake Forest-
Lake Bluff Senior Citizen’s Foundation
Approval for Kitchen Renovation Project
BUDGET/FISCAL IMPACT: On February 23, 2021, the project was publicly bid and the bids were
opened on March 16, 2021. In total, three bids were received as outlined below.
Has City staff obtained competitive pricing for proposed goods/services? Yes
Company Name Dollar Amount Bid
Boller Construction $102,500
FH Paschen, SN Nielsen & Associates, LLC $118,165
MAG Construction $141,000
The Senior Resources Fund has a target fund balance of 10% of annual budgeted revenue. It
currently exceeds the FY21 required target fund balance of $61,004 by $89,576. Utilization of
this fund for the City’s portion, $58,150, for the Dickinson Hall Kitchen Renovation project will
draw the balance to $111,330.
Below is an estimated summary of Project budget:
FY2021 Funding Source Amount
Budgeted
Amount
Requested
Budgeted?
Y/N
Senior Resources Fund $0 $116,300 N*
* A supplemental appropriation will be submitted at fiscal year-end, if needed.
Lake Forest-Lake Bluff Senior Citizens Foundation will fund 50% or up to $58,150 for this project.
COUNCIL ACTION: Award of Bid for the Dickinson Hall Kitchen Renovation Project in
partnership with the Lake Forest-Lake Bluff Senior Citizen’s Foundation to Boller Construction in
the amount of $102,500 and include authorization for an additional $10,000 contingency and
award $3,800 to Kolbrook Design for the architectural design for a total of $116,300
7. Approval to Use Funds from the Dissolved East Shore Radio Network, and the
Approval of an Intergovernmental Agreement Between The City of Lake Forest, The
City of Highland Park, and The Village of Lake Bluff Establishing The Lake Shore
Radio Network.
STAFF CONTACT: Pete Siebert, Fire Chief (810-3864)
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Monday, April 5, 2021 City Council Agenda
PURPOSE AND ACTION REQUESTED: By entering into this Intergovernmental Agreement (IGA),
The City of Lake Forest will be partnering with Highland Park and Lake Bluff, to maintain the
infrastructure of the existing radio network that is used to dispatch emergency calls for each
Municipality’s Fire Department. A copy of the IGA can be found beginning on page 57.
BACKGROUND/DISCUSSION: The Lake Shore Radio Network (LSRN) will be replacing the East
Shore Radio Network (ESRN). The ESRN has been operated by the area police departments
for years. The ESRN was used for dispatching Police and Fire calls. The LSRN will only be used
for Fire dispatching, as all of the area police agencies have switched to a different radio
system (Starcom). The Starcom system does not utilize any of the traditional equipment
contained in the ESRN. With the Fire Departments taking over this network, we will inherit all of
the ESRN Police equipment no longer needed for Police dispatching. The surplus Police
equipment can easily be reprogrammed and used to replace any failing Fire radio
equipment. The LSRN must be maintained so that we can provide a radio network for our
dispatch service to transmit emergency calls. This IGA sets forth a mutually beneficial
partnership with our neighboring Fire Departments that utilize the same dispatch center.
BUDGET/FISCAL IMPACT: The ability to repurpose surplus equipment that is shared property in
this radio network, will reduce operating expenses and save money on repairs to the system.
When the Police Departments disband the ESRN, funds that were held to support that
network will now be available to fund the LSRN.
FY2022 Funding Source Amount
Budgeted
Amount
Requested
Budgeted?
Y/N
Emergency Telephone Fund $0* $40,000* N
*The City will receive funds from the dissolution of the ESRN estimated to total $40,000. These
funds are proposed to support the expenses anticipated for the LSRN. Future costs of LSRN will
be budgeted in the Emergency Telephone Fund. Should an FY22 supplemental
appropriation be required, it would be presented for City Council approval at the close of
FY22.
COUNCIL ACTION: Approval to Use Funds from the dissolved East Shore Radio Network, and
the Approval of an Intergovernmental Agreement Between The City of Lake Forest, The City
of Highland Park, and The Village of Lake Bluff Establishing The Lake Shore Radio Network
8. Award of Proposal to Slaten Construction for the Police Target Range Safety
Upgrade Project in the Amount of $166,782 with a 10% or $16,678 Contingency for a
total amount of $183,460
STAFF CONTACT: Rob Copeland, Deputy Chief of Police (847-309-8775)
PURPOSE AND ACTION REQUESTED: Staff request City Council approval to award a proposal to
Slaten Construction to install indoor ballistic materials to the walls and ceiling in the existing
police target range.
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Monday, April 5, 2021 City Council Agenda
BACKGROUND/DISCUSSION: In the Fall of 2019, the Police Department staff began the
process of reviewing potential safety upgrades to the department’s firearms range located in
the basement of the Public Safety Building. The range was last replaced/renovated in June of
2001. Since 2001, the range has provided a training area for officers in the use of all
department issued firearms. While the range has been functional, current and best practice
firearms and use of force training needs in law enforcement have prompted staff to consider
the overall functionality of the range. Law enforcement training has evolved in the past 20
years since the range was last renovated and the need for more dynamic training to
adequately prepare our officers requires safety upgrades to the range. Additionally, recent
changes in Illinois law will require the department’s training capabilities to be adaptable to
meet the changing demands of the profession.
While the range has served its purpose over the past 20 years, the equipment has
deteriorated and all equipment, including software and targeting system, have exceeded
the estimated useful life (ESL). The company that developed and installed the computer and
target handling system is no longer in business.
A flexible, adaptable range with a target systems that are easily moveable will help us
accomplish this goal. This will, however, require renovations to our current range. This will
involve the removal of the current range equipment, installing ballistic wall coverings and
ceiling protection that is critical to ensuring the safest environment possible for our officers to
train
BUDGET/FISCAL IMPACT: The project followed the public proposal process and was advertised
in the paper on February 26, 2021. Invitations were also sent to contractors that have done
favorable work for City and other municipalities. A mandatory pre-proposal meeting was held
on March 3, 2021. Twelve contractors attended the pre-proposal meeting and five
contractors submitted proposals.
Has City staff obtained competitive pricing for proposed goods/services? Yes
On March 19, 2021, staff received the following proposals:
Company Name Dollar Amount Bid
Slaten Construction $166,782
Kandu Construction $167,000
Empire Construction $168,913
Efraim Carlson & Son $175,500
ATP Enterprise Group $249,950
Upon review of the submitted proposals and references staff recommends proceeding with
Slaten Construction, the lowest responsible proposal received. Staten Construction has
performed numerous projects with similar work scope and their references were favorable.
Below is an estimated summary of project budget:
FY2021 Capital Funding Source Amount
Budgeted
Amount
Requested
Budgeted?
Y/N
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Monday, April 5, 2021 City Council Agenda
311-1503-467-67-10 $120,000.00 $183,460.00 Y
The Lake Forest Police Foundation voted to provide $63,460.00 towards Police Target Range
Safety Upgrade Project. This project meets the Foundation’s goals and objectives of providing
funding for projects that support police officer safety and improving officer training.
COUNCIL ACTION: Award of Proposal to Slaten Construction for the Police Target Range
Safety Upgrade Project in the Amount of $166,782 with a 10% or $16,678 Contingency for a
total amount of $183,460.
9. 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)
PURPOSE AND ACTION REQUESTED: The following recommendations from the Building Review Board
are presented to the City Council for consideration as part of the Omnibus Agenda.
BACKGROUND/DISCUSSION: The Building Review Board recommended approval of new homes,
landscaping and the overall site plans for the vacant lots in the 3-lot Estate Lane Subdivision. Two
neighbors presented testimony offering comments on some of the design aspects of the homes
and expressing concern about drainage in the larger Estate Lane area. The Board directed some
refinements to the final designs of the homes in response to the comments. As part of the Estate
Lane Subdivision, the developer was required to install a storm sewer on the development site to
capture runoff from the three vacant properties. That work has been completed. Staff is reviewing
stormwater issues in the larger Estate Lane area, particularly in the areas to the south and west of
the Estate Lane Subdivision, to determine if public improvements are needed and if so, the priority
of work in this area in the context of storm sewer improvements in the overall community.
1380 Oak Knoll Drive (Board vote: 4 - 0, approved)
1400 Oak Knoll Drive (Board vote: 5 - 0, approved)
1365 Estate Lane East (Board vote: 5 - 0, approved)
860 S. Green Bay Road – The Building Review Board recommended approval of demolition of the
existing residence and approval of a replacement residence. One resident presented testimony
regarding proposed tree removal and the amount of impervious surface. The Board confirmed that
the tree proposed for removal is in declining condition and directed that pervious pavers be
incorporated into the final plan in some of the hardscape areas. (Board vote: 4-0, approved)
2 June Terrace – The Building Review Board recommended approval of a partial demolition of the
residence, an increase in the height of the roof a rear addition. A replacement detached garage
was also recommended for approval. Public testimony was presented by several neighbors in
support of the petition. This petition was also considered by the Zoning Board of Appeals as
detailed in the following agenda item. (Board vote: 5-0)
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Monday, April 5, 2021 City Council Agenda
The Ordinances approving the petitions as recommended by the Building Review Board, with key
exhibits attached, are included in the Council packet beginning on page 63. 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 recommendation.
COUNCIL ACTION: Approval of the nine (9) omnibus items as presented.
6. OLD BUSINESS
1. Consideration of a Recommendation from the Plan Commission Pertaining to
Various Actions Related to a Proposed Planned Multi-Family Development, Phase 3
of the McKinley Road Multi-Family Planned Development (Ordinances)
PRESENTED BY: Catherine Czerniak,
Director of Community Development (810-3504)
PURPOSE AND ACTION REQUESTED: Consideration of recommendations from the Plan Commission
to deny 1) a request for a zone change from R-1 Single Family Residential to GR-3, General
Residence, for a 38 foot wide strip of land along the west edge of 373 E. Westminster and 2) a
Special Use Permit to authorize a Planned Multi-Family Development and a plat of consolidation,
both related to the proposed third phase of the McKinley Road Multi-Family Planned Development,
a residential condominium development.
BACKGROUND/DISCUSSION:
Redevelopment of the area east of McKinley Road, between Deerpath and Westminster,
adjacent to the Central Business District, has been a topic of discussion for many years. The
transition of this area from single family homes and office uses to multi-family residential use
began in the late 1990’s with the construction of the 333 E. Westminster condominium
building. Today, the transition of this area is nearing completion with the first two phases of
the McKinley Road Multi-Family Planned Development nearly completed and discussions of
the third and final phase ongoing.
A review of the recent history of discussions and actions related to the McKinley Road
Development is provided in the report prepared for the recent Plan Commission meeting
which is included in the Council packet beginning on page 121.
To date, the Plan Commission has considered and heard public testimony on the third and
final phase of the McKinley Road Planned Development over the course of six meetings.
Most recently, at the March 10, 2021 meeting, the Commission reconsidered this petition in its
entirety as directed by the Council through a remand of this matter. At the conclusion of the
March 10th meeting, the Plan Commission voted 4 to 2 to recommend denial of the petition
based on various concerns including, but not limited to: the height and width of the building
in relation to the adjacent single family homes, inconsistency of the requested zone change
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Monday, April 5, 2021 City Council Agenda
with the established pattern of single family residential zoning in the surrounding area, and the
potential for a negative impact on the overall historic district as a result of the rezoning.
Several Commissioners, including some who voted to recommend denial of the petition,
noted overall support for the third phase of the McKinley Road Development and a
condominium building on the site. In December 2019, the Commission endorsed a three story
building concept for the phase three site. The three story building concept was later denied
by the Historic Preservation based in large part on a finding that the three story building did
not provide an appropriate transition from the larger buildings to the west to the single family
homes to the east.
The zone change request is a recent addition to this petition. As noted by some Plan
Commissioners and members of the public, this development plan has continued to evolve
over the course of the public discussions directly in response to comments, requests and
direction offered to the developer throughout the process. Since the earlier Plan Commission
discussions on the proposed third phase, the petitioners acquired the 373 E. Westminster
property, immediately east of the development site. The petitioners are requesting the
rezoning of the 38 foot strip of land to allow the third building to be configured as a two,
rather than a three story structure. This revised configuration maintains the same number of
units as presented in the earlier three story plan, improves the functionality of the
underground garage and provides expanded space for a landscape buffer along the
eastern edge of the development site.
COUNCIL ACTION: Options for Council action are offered below.
1. Accept the Plan Commission’s recommendation and by motion vote to deny the
requested zone change and direct staff and the City Attorney to prepare findings in
support of the denial based on the Council’s deliberations for affirmation by the
Council at the next meeting.
AND
2. Accept the Plan Commission’s recommendation and by motion vote to deny the
requested Special Use Permit and associated approvals and direct staff and the City
Attorney to prepare findings in support of the denial based on the Council’s
deliberations for affirmation by the Council at the next meeting. (If the zone change is
denied, approval of the development plan as presented is not possible.)
OR
3. Overturn the Plan Commission’s recommendation and grant first reading and if desired
by the Council, final approval of an Ordinance (included in the Council packet
beginning on page 134) rezoning the 38’ wide parcel along the west edge of the 373
Westminster property from R-1, Single Family Residential to GR-3, General Residence.
AND
4. Overturn the Plan Commission’s recommendation and grant first reading, and if
desired by the Council final approval of an Ordinance (included in the Council packet
beginning on page 141) granting a Special Use Permit approving a Planned Multi-
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Monday, April 5, 2021 City Council Agenda
Family Development and Plat of Consolidation subject to the conditions detailed in the
Ordinance and with direction to the Historic Preservation Commission to review the
design aspects of the proposed building and landscaping based on the 17 standards
in the Code.
7. NEW BUSINESS
1. Approval in Concept of a Request from The Ragdale Foundation to Borrow $1.5
million from the City to be paid from Pledge Commitments over a Five-Year Period
PRESENTED BY: Elizabeth Holleb, Finance Director (847-810-3612)
PURPOSE AND ACTION REQUESTED: The City Council is asked to consider a request from The
Ragdale Foundation – in concept only – to provide a loan of $1.5 million over a five year
period to be paid from multi-year pledge commitments. The specific terms and loan
documents would return to the City Council for approval at a later date.
BACKGROUND/DISCUSSION: Attached (page 168) please find a March 19 letter to Mayor
Pandaleon from Barbra Schumann, President of the Board of Trustees for The Ragdale
Foundation. The letter requests City Council consideration of a loan request for $1.5 million, to
be repaid with interest over a five-year period. The Foundation has initiated a capital
campaign seeking $6 million or more in connection with several initiatives. The loan request is
intended to provide bridge financing for pledge commitments that will be paid over time.
The City provided a $2 million loan to The Ragdale Foundation in 2011 which was paid in full.
The Foundation is seeking approval in concept of the loan at this time so the City and
Foundation can move forward with preparation of associated documents. The Foundation
has requested that the loan be made without requiring collateral based on their
performance in repaying the 2011 loan. The City’s previous loan required that 100% of the
loan principal be collateralized from two endowment funds. It is recommended that the City
allow for a reduced collateral requirement, seeking collateral only to the extent of an
endowment fund through William Blair, the current balance of which is approximately $1.1
million. In addition, the City would require the Foundation to provide a quarterly status report
of pledge commitments and payments, as these are the designated source of payment of
the loan.
BUDGET/FISCAL IMPACT: The request is for the City to provide a $1.5 million loan for a period of
five (5) years at 2.0% interest.
COUNCIL ACTION: The City Council is asked to consider approval in concept of a $1.5 million
loan to The Ragdale Foundation. Loan documents would be drafted for the City Council’s
approval at a later date.
8. ADDITIONAL ITEMS FOR DISCUSSION/ COMMENTS BY COUNCIL MEMBERS
9. ADJOURNMENT
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Monday, April 5, 2021 City Council Agenda
A copy of the Decision Making Parameters can be found beginning on page 17 of this
packet.
Office of the City Manager March 31, 2021
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 Jason Wicha, at (847) 234-2600 promptly to allow the City
to make reasonable accommodations for those persons.
16
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THE CITY OF LAKE FOREST
DECISION-MAKING PARAMETERS FOR CITY COUNCIL,
AND APPOINTED BOARDS & COMMISSIONS
Adopted June 18, 2018
The City of Lake Forest Mission Statement:
"Be the best-managed, fiscally-responsible and appealing community and promote a community
spirit of trust, respect and citizen involvement. "
The Lake Forest City Council, with the advice and recommendations of its appointed advisory
Boards and Commissions, Lake Forest Citizens, and City Staff, is responsible for policy
formulation and approval. Implementation of adopted strategy, policy, budgets, and other
directives of Council is the responsibility of City Staff, led by the City Manager and Senior
Staff. The Mayor and Aldermen, and appointed members of Boards and Commissions should
address matters in a timely, deliberate, objective and process-driven manner, making decisions
guided by the City of Lake Forest Strategic and Comprehensive Plans, the City's Codes,
policies and procedures, and the following parameters:
. Motions and votes should comprise what is in the best long-term interests of all Lake
Forest citizens, measured in decades, being mindful of proven precedents and new
precedents that may be created.
. All points of view should be listened to and considered in making decisions with the
long-term benefit to Lake Forest's general public welfare being the highest priority.
. Fundmg decisions should support effectiveness and economy in providing services
and programs, while mindful of the number ofcidzens benefittmg from such
expenditures.
. New initiatives should be quantified, qualified, and evaluated for their long-tenn merit
and overall fiscal unpact and other consequences to the community.
. Decision makers should be proactive and timely in addressing sto-ategic planning
initiatives, external forces not under control of the City, and other opportunities and
challenges to the community.
Community trust in, and support of, government is fostered by maintaining the integrity of these
decision-making parameters.
The City of Lake Forest 's Decision-Making Parameters shall be reviewed by the City Council on an
annual basis and shall be included on all agendas of the City Council and Boards and Commissions.
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Prepared by and after
recording return to:
Ancel Glink, P.C.
Attn: Julie A. Tappendorf
140 South Dearborn Street
6th Floor
Chicago, Illinois 60603
Recorder’s Use Only
ECONOMIC DEVELOPMENT INCENTIVE AGREEMENT
BY AND BETWEEN
THE CITY OF LAKE FOREST
AND
LC LAKE FOREST, LLC
CONCERNING
655 FOREST AVENUE, LAKE FOREST, ILLINOIS
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ECONOMIC DEVELOPMENT INCENTIVE AGREEMENT
THIS ECONOMIC DEVELOPMENT INCENTIVE AGREEMENT (“Agreement”)
is made and entered into as of the _____ day of , 2021 (“Effective Date”), by and
between the CITY OF LAKE FOREST, a home rule special charter municipal corporation with
offices located at 220 E. Deerpath, Lake Forest, Illinois (“City”) and LC LAKE FOREST LLC,
an Illinois limited liability company with offices located at 800 W. Madison Street, Suite 400,
Chicago, Illinois (“Taxpayer”) (collectively, the City and the Taxpayer are the “Parties”).
IN CONSIDERATION OF the recitals and the mutual covenants and agreements set forth
in this Agreement, and pursuant to the City’s home rule powers, the Parties agree as follows:
SECTION 1. RECITALS.
A. Taxpayer is the lessee of certain property consisting of approximately 0.24 acres of
land generally located southeast of the intersection of Forest Avenue and Southgate, commonly
known as 655 Forest Avenue, Lake Forest, Illinois, which property is legally described in Exhibit
1 attached to this Agreement (“Property”).
B. The Property is located in the City’s B4 Preservation Business Zoning District and
is currently occupied by a vacant commercial structure (“Building”).
C. The Taxpayer desires to occupy the Property with a restaurant named Le
Colonial(“Proposed Business”).
D. On or about January 27, 2021, the City’s Historic Preservation Commission
reviewed the Taxpayer’s proposal for the Property, Building, and Proposed Business and granted
a Certificate of Appropriateness approving plans to improve the Property and preliminary plans
for extensive interior renovation, upgrades and life safety improvements have been reviewed with
the City (“Plans”).
E. The City desires to have Taxpayer renovate the Property in accordance with the
Plans and operate the Proposed Business on the Property, and, in consideration for the Taxpayer
agreeing to do the same, the City has agreed to rebate a portion of the sales tax generated by the
Proposed Business to assist Taxpayer in financing development costs in connection with the
Proposed Business.
F. The City has reviewed the Taxpayer’s Plans and the Proposed Business and hereby
makes the findings set forth in Exhibit 2.
G. The City and Taxpayer desire to enter into this Agreement to set forth the terms
governing the rebate of the sales tax revenues.
H. The City and Taxpayer have the power and authority to enter into this Agreement
specifically pursuant to, but without limitation, 65 ILCS 5/8-11-20, 65 ILCS 5/8-1-2.5, and the
City’s home rule authority.
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SECTION 2. DEFINITIONS.
Whenever used in this Agreement, the following terms shall have the following meanings
unless a different meaning is required by the context.
“Commencement Date:” The date established pursuant to Section 3.A of this Agreement.
“Corporate Authorities:” The Mayor and City Council of the City of Lake Forest.
“Effective Date:” The date referenced in the first paragraph of page 1 of this Agreement.
“Force Majeure:” Strikes, lockouts acts of God or other factors beyond a party’s
reasonable control and reasonable ability to remedy, as further described in Section 7 of
this Agreement; provided, however, that Force Majeure shall not include delays caused by
weather conditions, unless those conditions are unusually severe or abnormal considering
the time of year and the particular location of the Property. In no event shall increased
costs or other financial considerations be considered a Force Majeure event.
“Gross Receipts:” The term “Gross Receipts” shall have the same meaning as that which
is ascribed to it in the Retailer’s Occupation Tax Act.
“Home Rule Occupation Tax Act:” The Home Rule Municipal Retailers’ Occupation
Tax Act, 65 ILCS 5/8-11-1.
“Municipal Sales Tax:” That portion or component of the Sales Taxes generated by
Taxpayer from sales on all or any portion of the Rebate Property that the City actually
receives from the State of Illinois.
“Rebate Property:” The real property defined as the “Property” in Agreement Section
1.A.
“Retailer’s Occupation Tax Act:” The Illinois Retailer’s Occupation Tax Act, 35 ILCS
120/1, et seq., as amended.
“Sales Taxes:” Any and all taxes imposed and collected by the State of Illinois pursuant
to the Retailer’s Occupation Tax Act and pursuant to the Home Rule Occupation Tax Act.
“Sales Tax Rebate:” The rebate payment to Taxpayer of a portion of the Municipal Sales
Taxes that the City is required to make pursuant to this Agreement.
“Sales Tax Year:” The period of time commencing on the Commencement Date and
ending on the date that is one year after the Commencement Date, and each of the
succeeding years thereafter.
“Sales Tax Quarter:” The period of time commencing on the Commencement Date and
ending on the last day of the calendar quarter, and each of the succeeding calendar quarters
thereafter.
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“Zoning Regulations:” Chapter 159 of the City of Lake Forest Code of Ordinances, as
amended.
SECTION 3. COMMENCEMENT OF SALES TAX REBATE OBLIGATIONS.
A. Commencement Date. The “Commencement Date” is the date on which the
Proposed Business opens to members of the public. The Commencement Date is anticipated to
occur in Spring, 2022. The Taxpayer will notify the City in writing at least 10 days before opening
the Proposed Business to members of the public and identify the date the Proposed Business will
open to members of the public.
B. Failure to Commence. In the event that the Proposed Business is not constructed
on the Property in accordance with the Plans, open to the general public, and subject to an
occupancy permit issued in compliance with Section 5.A, all on or before July 1st of 2022, the
City will have no obligation whatsoever to perform any of the Municipal Sales Tax rebate
obligations set forth in Agreement Section 4.
SECTION 4. SALES TAX REBATE.
A. Calculation of Sales Tax Rebate. Each Sales Tax Year for a period of 4 years
beginning on the Commencement Date, the City will receive and retain the first $80,000 of
Municipal Sales Tax generated by Taxpayer from the Rebate Property from all Gross Receipts in
a Sales Tax Year (“City’s Share”). After the City collects the City’s Share, the City agrees to
rebate to Taxpayer 100% of any Municipal Sales Tax exceeding the City’s Share that is generated
by Taxpayer from the Rebate Property from all Gross Receipts in a Sales Tax Year, up to a
maximum Sales Tax Rebate of $200,000.00. In no event shall the Taxpayer receive more than an
aggregate amount of $200,000.00 in Sales Tax Rebates during this Agreement’s term. Any
amounts owed to the Taxpayer by the City pursuant to this Agreement shall not accrue interest,
regardless of the date payment is made.
B. City Payment. Within 90 days after the end of each Sales Tax Year, the City shall
pay Taxpayer the applicable Sales Tax Rebate for that particular Sales Tax Year, based on the
records of the Illinois Department of Revenue actually provided to and received by the City. If,
for any reason, the State of Illinois fails to distribute the Municipal Sales Tax revenue or the
necessary Illinois Department of Revenue records are not received by the City in sufficient time
for the City to make such annual Sales Tax Rebate payments, the City shall provide notice of such
fact to Taxpayer. In that event, the City shall make the required Sales Tax Rebate payment within
60 days after the date on which the City actually receives the Municipal Sales Tax revenue and
records from the Illinois Department of Revenue due the City for the applicable annual payment
period.
C. Change in the Law.
1. The City and Taxpayer acknowledge and agree that the City’s obligation to
pay the Sales Tax Rebate to Taxpayer is predicated on existing State law, including,
without limitation, the Retailer’s Occupation Tax Act. The City and Taxpayer further
acknowledge that the Illinois General Assembly has, from time to time, considered
proposals to modify or eliminate the distribution of Sales Taxes to Illinois municipalities.
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The City and Taxpayer desire in Paragraph 2 of this Section 4.C to make express provision
for the effect of any such change upon the operation of this Agreement.
2. In the event the State of Illinois amends or repeals the Retailer’s Occupation
Tax Act or makes any other promulgation, enactment, or change in law (“Change in Law”)
that eliminates the distribution of Sales Taxes to the City, otherwise alters the distribution
formula in a manner that prevents the City and Taxpayer from determining with a
reasonable degree of certainty the precise amount of the Municipal Sales Tax or the amount
of Municipal Sales Tax generated by Taxpayer on the Rebate Property, or it is determined
that the Property does not qualify, under applicable state law, to receive Municipal Sales
Tax Rebates, the provisions of this Agreement with regard to Municipal Sales Tax
generated from the Rebate Property on or after the effective date of the Change in Law or
such determination shall automatically terminate and become null and void and be of no
further force or effect, and the City shall have no obligation whatsoever to pay to Taxpayer
any of the Municipal Sales Tax generated on or after the effective date of the Change in
Law or such determination. However, if a Change in Law results in replacement taxes for
the Sales Taxes directly resulting from Gross Receipts of Taxpayer as contemplated
hereunder, then, for purposes of this Agreement, such replacement taxes shall be defined
as Sales Taxes, subject in all respects to the City’s actual receipt of its portion of such
replacement taxes as well as the City’s authority under state law to provide for rebate of
such replacement taxes, as contemplated herein.
D. No Guarantee. The Parties acknowledge and agree that none of the terms,
conditions, or provisions of this Agreement shall be construed, deemed, or interpreted as either (1)
a guarantee that the City will receive any Municipal Sales Taxes as a result of the operation of the
Proposed Business on the Rebate Property or (2) a requirement or obligation by Taxpayer to
generate Gross Receipts from the Rebate Property.
E. Limited Liability. Notwithstanding any other provision of this Agreement to the
contrary, the City’s obligation to pay the Sales Tax Rebate shall be subject to the applicable laws
of the State of Illinois and shall not be a general debt of the City or a charge against its general
credit or taxing powers, but shall be a special limited obligation payable solely out of the Municipal
Sales Tax received by the City, as specifically defined in Section 2 of this Agreement. Taxpayer
shall have no right to, and agrees that it shall not, compel any exercise of the taxing power of the
City to pay the Sales Tax Rebate, and no execution of any claim, demand, cause of action or
judgment shall be levied upon or collected from the general credit, general funds or other property
of the City (unless the City refuses to make such payment to Taxpayer in violation of this
Agreement). No recourse shall be had for any payment pursuant to this Agreement against any
past, present, or future councilmember, elected or appointed official, officer, agent, attorney,
representative, or employee of the City in his or her individual capacity.
F. Refund of Rebate. In the event that, at any time during the Term of this
Agreement, Taxpayer abandons, closes, or terminates the use of the Property for the Proposed
Business, without substituting therefor, within 12 months after such abandonment, closure, or
termination, another Proposed Business (which may or may not be owned, operated, or controlled
by Taxpayer) that is intended and expected, with a reasonable degree of certainty, to generate at
least the same amount of Gross Receipts as the business that was abandoned, closed, or terminated
(“Closure”), then the (1) provisions of this Agreement with regard to Municipal Sales Tax
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generated from the Rebate Property shall, as of the date of the Closure, automatically terminate
and become null and void and be of no further force or effect, and the City shall have no obligation
whatsoever to perform any of the Sales Tax Rebate obligations in this Section 4 of this Agreement;
and (2) Taxpayer shall refund to the City the entire amount of the Sales Tax Rebate received by
Taxpayer prior to the date of the Closure as follows:
1. If the Closure occurs between the Commencement Date and the Commencement
Date’s second anniversary, Taxpayer shall be required to refund 100% of the Sales
Tax Rebate; and
2. If the Closure occurs after the Commencement Date’s second anniversary but on or
before the Commencement Date’s fourth anniversary, Taxpayer shall be required
to refund 50% of the Sales Tax Rebate.
Taxpayer acknowledges and agrees that the City’s right to receive a Sales Tax Rebate
refund under this Section constitutes a personal obligation of the Taxpayer. Notwithstanding the
foregoing, in the event that a Closure is exclusively the result of a Force Majeure event, Taxpayer
shall have no obligation to refund such prior received Sales Tax Rebate, even if there is no
replacement business having substantially similar amounts of Gross Receipts as the business.
G. Abandonment of Use. In the event that the Proposed Business ceases doing
business on the Property for 90 consecutive days at any time after the Commencement Day, the
City shall have no further obligations under this Agreement and this Agreement shall be
terminated, unless the 90 day period is extended by action of the Corporate Authorities of the City;
provided, however, that the refund obligations of Subsection 4.F shall survive any termination
under this Subsection 4.G.
SECTION 5. USE AND DEVELOPMENT OF THE PROPERTY.
A. Zoning Approvals. This City’s obligations under this Agreement shall be
contingent upon Taxpayer: (i) obtaining a leasehold interest in the Property and providing the City
Manager written proof, to the City Manager’s reasonable satisfaction, of the same on or before
April 12, 2021; (ii) filing all necessary applications for, (iii) obtaining approval of zoning and
entitlement relief to authorize the operation of, (iv) obtaining a certificate of occupancy, or
temporary or conditional certificate of occupancy, in conformity with such approval of zoning
relief, and (v) securing all business and other City, county, state, and federal licenses or permits
required to operate, the Proposed Business on the Property in accordance with the Plans.
B. Compliance with Laws. If Taxpayer fails to comply with the Zoning Regulations,
this Agreement, or any other applicable code, ordinance, rule, or regulation of the City, or any
other applicable local, state, or federal ordinance, regulation, rule, or law during the term of this
Agreement, the provisions of this Agreement with regard to Municipal Sales Tax generated from
the Rebate Property shall automatically terminate, and the City shall have no obligation to pay to
Taxpayer any Sales Tax Rebate based upon the Municipal Sales Tax generated on or after the date
of Taxpayer’s noncompliance or violation; provided, however, at least 30 days before such
automatic termination, the City shall notify Taxpayer of the violation and allow Taxpayer 30 days
after such notice to cure the violation, and further provided, that said 30 day period shall be
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extended if Taxpayer has initiated the cure of said violation and is proceeding diligently to cure
the same.
SECTION 6. FORCE MAJEURE.
Whenever any performance that is required hereunder shall be delayed at any time by Force
Majeure, then the party excused from performance shall be excused from performance: 1) only
after delivering notice to the other party, which notice shall identify the nature of the Force Majeure
event and the anticipated duration of the delay due to the Force Majeure event; 2) only during the
duration of the Force Majeure event; and 3) only so long as the party whose performance is
impaired continues to take reasonable steps to mitigate the effect of the Force Majeure Event and
to substantially perform despite the occurrence of the Force Majeure Event.
SECTION 7. LITIGATION AND DEFENSE OF AGREEMENT.
A. Litigation. If, during the term of this Agreement, any lawsuits or proceedings are
filed or initiated against either party before any court, commission, board, bureau, agency, unit of
government or sub-unit thereof, arbitrator, or other instrumentality, that may materially affect or
inhibit the ability of either party to perform its obligations under, or otherwise to comply with, this
Agreement (“Litigation”), the party against which the Litigation is filed or initiated shall promptly
deliver a copy of the complaint or charge related thereto to the other party and shall thereafter keep
the other party fully informed concerning all material aspects of the Litigation.
B. Defense. The City and Taxpayer do hereby agree to use their respective best efforts
to defend the validity of this Agreement, including, without limitation, all ordinances and
resolutions adopted approving or implementing the Agreement, any agreements executed pursuant
to this Agreement, and every action taken to implement this Agreement’s terms. The City and
Taxpayer do hereby agree to reasonably cooperate with each other to carry out the purpose and
intent of this Agreement.
C. Cooperation for Curative Acts. To the extent any challenge is asserted against
the validity of this Agreement, any of its provisions, or any procedures or enactments relating to
this Agreement, the Parties shall cooperate to take any curative action that may be necessary or
desirable to avoid or defeat such challenge and allow the Parties to enjoy the benefits intended to
be conferred by the Agreement.
D. Litigation as Force Majeure. To the extent that Taxpayer is unable to receive a
Sales Tax Rebate for any period due to Litigation, such Litigation may qualify as a Force Majeure
event.
SECTION 8. REMEDIES.
A. Remedies. In the event of a breach or an alleged breach of this Agreement by either
party, either party may, by suit, action, mandamus or any other proceeding, in law or in equity,
including specific performance, enforce or compel the performance of this Agreement.
B. Notice and Cure. Neither party may exercise the right to bring any suit, action,
mandamus or any other proceeding pursuant to Paragraph A of this Section 8 without first
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providing written notice to the other party of the breach or alleged breach and allowing a period
of 30 days for the curing of said breach or alleged breach; provided, however, that in the event
such violation or failure cannot be cured within said 30-day period notwithstanding diligent and
continuous effort by the party receiving notice, and said party shall have promptly commenced to
cure the violation or failure and shall have thereafter prosecuted the curing of same with diligence
and continuity, then the period for curing such violation or failure shall be extended for such period
as may be necessary for curing such violation with diligence and continuity.
SECTION 9. TERM.
This Agreement shall be in full force and effect from the Effective Date until (i) the
Commencement Date’s fourth anniversary or (ii) Taxpayer’s receipt of $200,000.00 in Sales Tax
Rebates, whichever occurs first. This Agreement shall, during its term, run with and bind the
Property and shall inure to the benefit of and be enforceable by Taxpayer and the City, and any of
their respective permitted legal representatives, heirs, grantees, successors, and assigns.
SECTION 10. RELEASE OF INFORMATION.
Taxpayer agrees to sign all documentation necessary to cause the Illinois Department of
Revenue to release to the City the amount of Municipal Sales Tax generated by Taxpayer from the
Rebate Property during each of the Sales Tax Years pursuant to applicable State law. Further,
Taxpayer will provide the City will copies of its sales tax returns on a monthly basis for the term
of this Agreement.
SECTION 11. PAYMENT OF FEES, COSTS, AND TAXES.
In addition to all other costs, payments, fees, charges, contributions, or dedications required
by this Agreement or City, county, state, or federal law, ordinance, rule, or regulation, Taxpayer
will timely pay to the City, other governmental entity, or third party from whom an invoice is
received, all application, inspection, permit, license and other fees associated with or related to the
maintenance of or operation of the Property or the Proposed Business; all utility fees and charges;
all taxes imposed by the City or other governmental entity; and all contributions, impact fees, and
all other fees, charges, and contributions imposed pursuant to City, county, state, or federal law,
ordinance, rule, or regulation, as amended. Notwithstanding any other provision of this
Agreement, payment of all said fees, costs, and expenses shall be a condition precedent to each
and every obligation of the City under this Agreement. The City may, in its sole discretion and
upon notice to Taxpayer, set off any amounts due from Taxpayer under this Agreement against
any Sales Tax Rebate due from the City.
SECTION 12. LIABILITY AND INDEMNITY OF CITY.
A. No Liability for City Review. Taxpayer acknowledges and agrees (1) that the
City is not, and shall not be, in any way liable for any violations of restrictive covenants applicable
to the Property that may occur, or for any damages or injuries that may be sustained, as the result
of the City’s review and approval of any plans for the Property, or as a result of the issuance of
any approvals, permits, certificates, or acceptances relating to the use and development of the
Property; and (2) that the City’s review and approval of any such plans and the issuance of any
such approvals, permits, certificates, or acceptances does not, and shall not, in any way, be deemed
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to insure Taxpayer, or any of its heirs, successors, assigns, tenants, or licensees, or any third party,
against restrictive covenant violations or damage or injury of any kind at any time.
B. City Procedures. Taxpayer acknowledges that notices, meetings, and hearings
have been properly given and held by the City with respect to the approval of this Agreement and
agrees not to challenge any of such actions on the grounds of any procedural infirmity or of any
denial of any procedural right.
C. Hold Harmless. Except in the case of violation of any law, rule, regulation, or
agreement by any of the City Parties or the negligence or willful misconduct on the part of any of
the City Parties, Taxpayer agrees to, and does hereby, release, hold harmless, and indemnify the
City, its elected and appointed officials, officers, employees, agents, representatives, and attorneys
(the “City Parties”), from any and all claims that may, at any time, be asserted against any of such
City P arties in connection with (i) the City’s review and approval of any plans, or the issuance of
any approvals, permits, certificates, or acceptances relating to the use and development of the
Property; (ii) any actions taken by the City pursuant to Subsection B of this Section 12; (iii) the
development, construction, and maintenance of the Property; (iv) the violation of any restrictive
covenant applicable to the Property; and (v) the Taxpayer’s performance or nonperformance of its
obligations under this Agreement and all related ordinances, resolutions, or other agreements. The
foregoing notwithstanding, in no event shall Taxpayer’s liability under this Section 12.C exceed
the amount of the Sales Tax Rebate received by Taxpayer, except in the case of violation of any
law, rule, or regulation, or agreement by the Taxpayer or the negligence or willful misconduct on
the part of Taxpayer in which case Taxpayer shall also defend the City Parties. In no event shall
Taxpayer be liable for consequential, special, loss of profit, or punitive damages in connection
with this Agreement, including, but not limited to, under this Section 12.C.
SECTION 13. ENFORCEMENT.
The Parties hereto may, in law or in equity, by suit, action, mandamus, or any other
proceeding, including, without limitation, specific performance, enforce or compel the
performance of this Agreement; provided, however, that Taxpayer agrees that it shall not seek, and
that it does not have the right to seek, to recover a judgment for monetary damages (other than
payment of the Sales Tax Rebate) against the City or any City elected or appointed officials,
officers, agents, representatives, attorneys, or employees on account of the negotiation, execution,
or breach of any of the terms and conditions of this Agreement. Notwithstanding the foregoing,
in the event of a judicial proceeding brought by any party to this Agreement against any other party
to this Agreement for enforcement or for breach of any provision of this Agreement, the prevailing
party in such judicial proceeding shall be entitled to reimbursement from the unsuccessful party of
all costs and expenses, including reasonable attorneys’ fees, incurred in connection with such
judicial proceeding.
SECTION 14. NATURE, SURVIVAL AND TRANSFER OF OBLIGATIONS.
A. Binding Effect. Taxpayer acknowledges and agrees that this Agreement shall be
binding upon Taxpayer and any and all of his or its heirs, successors, and permitted assigns.
B. Prohibited Assignments. It is the express intent of the Parties hereto that, except
as expressly provided or allowed herein, this Agreement, and all of the rights and privileges
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granted herein, are for the sole and exclusive benefit of Taxpayer. Accordingly, notwithstanding
any provision of this Agreement, in the event that Taxpayer does, or attempts to, voluntarily or
involuntarily transfer its interest in the Property, in whole or in part, without the prior consent of
the City, which consent may be granted or denied in the sole discretion of the City’s Corporate
Authorities, this Agreement, and all of the rights and privileges granted herein, shall, at the option
of the City, become null and void and be of no force or effect.
SECTION 15. REPRESENTATIONS AND WARRANTIES.
A. Taxpayer Representations and Warranties. In order to induce the City to enter
into this Agreement and to adopt the ordinances and grant the rights herein provided for, Taxpayer
hereby warrants and represents to the City as follows:
1. Taxpayer is qualified to do business, validly existing, and in good standing under
the laws of the State of Illinois.
2. Taxpayer has the authority and the legal right to make, deliver, and perform this
Agreement and has taken all necessary corporate, partnership, and venture actions
to authorize the execution, delivery, and performance of this Agreement.
3. No mortgagee or any other secured party that has an interest in the Property as of
the date of this Agreement has an objection to either (i) the execution and
performance of this Agreement by Taxpayer or (ii) the binding nature of this
Agreement with respect to the Property. In the event that Taxpayer is not the owner
of record of the Property, Taxpayer shall deliver to the City Clerk, at the time of
Taxpayer’s execution of this Agreement, a document executed by all owners of
record and any secured parties acknowledging this warranty and confirming the
validity thereof.
4. All necessary consents of any board of directors, shareholders, creditors, investors,
partners, judicial, or administrative bodies, governmental authorities, or other
parties, including specifically but without limitation all secured parties, regarding
the execution and delivery of this Agreement have been obtained.
5. No consent or authorization of, filing with, or other act by or in respect of any
governmental authority (other than the City, and the State of Illinois with respect
to distribution of Sales Taxes) is required in connection with the execution,
delivery, performance, validity, or enforceability of this Agreement that has not
heretofore been obtained by Taxpayer.
6. The individuals executing this Agreement on behalf of Taxpayer have the power
and authority to execute and deliver this Agreement on behalf of Taxpayer.
7. The execution, delivery, and performance of this Agreement (i) is not prohibited by
any requirement of law or under any contractual obligation of Taxpayer; (ii) will
not result in a breach or default under any agreement to which Taxpayer is a party
or to which Taxpayer, in whole or in part, is bound; and (iii) will not violate any
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restriction, court order, or agreement to which Taxpayer or the Property, in whole
or in part, is or are subject.
B. City Representations and Warranties. In order to induce Taxpayer to enter into
this Agreement and to adopt the ordinances and grant the rights herein provided for, the City
hereby warrants and represents to Taxpayer that the individuals executing this Agreement on
behalf of the City have been duly authorized and directed by the Corporate Authorities to execute
and deliver this Agreement on behalf of the City.
SECTION 16. GENERAL PROVISIONS.
A. Notice. Any notice or communication required or permitted to be given under this
Agreement must be in writing and delivered (i) personally, (ii) by a reputable overnight courier,
(iii) by certified mail, return receipt requested, and deposited in the U.S. Mail, postage prepaid, or
(iv) by electronic mail (“e-mail”). E-mail notices shall be deemed valid only to the extent that
they are (a) opened by the recipient on a business day at the address set forth below, and (b)
followed by delivery of actual notice in the manner described in either (i), (ii), or (iii) above within
three business days thereafter at the appropriate address set forth below. Unless otherwise
provided in this Agreement, notices shall be deemed received after the first to occur of (a) the date
of actual receipt; or (b) the date that is one (1) business day after deposit with an overnight courier
as evidenced by a receipt of deposit; or (b) the date that is three (3) business days after deposit in
the U.S. mail, as evidenced by a return receipt. By notice complying with the requirements of this
Section, each party to this Agreement shall have the right to change the address or the addressee,
or both, for all future notices and communications to them, but no notice of a change of addressee
or address shall be effective until actually received.
If to City:
City of Lake Forest
Attn: Jason Wicha, City Manager
220 E. Deerpath
Lake Forest, Illinois 60045
E-mail: wichaj@cityoflakeforest.com
With a copy to:
Ancel Glink, P.C.
Attn: Julie A. Tappendorf
140 S. Dearborn Street, 6th Floor
Chicago, Illinois 60603
E-mail: jtappendorf@ancelglink.com
If to Taxpayer:
___________________________
___________________________
___________________________
___________________________
With a copy to:
___________________________
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___________________________
___________________________
___________________________
By notice complying with the requirements of this Section, each party shall have the right to
change the address or the addressee, or both, for all future notices and communications to such
party, but no notice of a change of addressee or address shall be effective until actually received.
B. Time of the Essence. Time is of the essence in the performance of all terms and
provisions of this Agreement.
C. Rights Cumulative. Unless expressly provided to the contrary in this Agreement,
each and every one of the rights, remedies and benefits provided by this Agreement shall be
cumulative and shall not be exclusive of any other such rights, remedies and benefits allowed by
law.
D. Non-Waiver. The City shall be under no obligation to exercise any of the rights
granted to it in this Agreement except as it shall determine to be in its best interest from time to
time. The failure of the City to exercise at any time any such right shall not be deemed or construed
a waiver thereof, nor shall such failure void or affect the City’s right to enforce such right or any
other right.
E. Consents. Whenever the consent or approval of any party hereto is required in this
Agreement such consent or approval shall be in writing and shall not be unreasonably withheld or
delayed, and, in all matters contained herein, all Parties shall have an implied obligation of
reasonableness, except as may be expressly set forth otherwise.
F. Governing Law. This Agreement shall be governed by, construed and enforced in
accordance with the internal laws, but not the conflicts of laws rules, of the State of Illinois. The
venue for all disputes arising from or related to this Agreement, the Property, or the Proposed
Business shall be in the Illinois Circuit Court for the Nineteenth Judicial Circuit, Lake County,
Illinois.
G. Non-Severability. If any term, covenant, condition, or provision of this Agreement
is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the entire
remainder of this Agreement shall, thereupon, be null and void and of no further force and effect,
it being the intent of the Parties that all of the provisions of this Agreement be treated as an
individual whole.
H. Entire Agreement. This Agreement shall constitute the entire agreement of the
Parties to this Agreement regarding the rebate of Municipal Sales Tax to Taxpayer; all prior drafts
and agreements concerning such matters between the Parties, whether written or oral, are merged
in this Agreement and shall be of no force and effect.
I. No Other City Incentives. Taxpayer acknowledges and agrees that, during the
term of this Agreement and until all Taxpayer obligations under this Agreement have been
completed, there are no other rebates, reimbursements, cost adjustments, or other incentives of any
kind available from the City for the Property or the Proposed Business, and Taxpayer agrees not
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to seek, apply for, or otherwise request such rebates, reimbursements, cost adjustments or other
incentives with respect to the Property or the Proposed Business.
J. Grammatical Usage and Construction. In construing this Agreement, feminine
or neuter pronouns shall be substituted for those masculine in form and vice versa, and plural terms
shall be substituted for singular and singular for plural, in any place in which the context so
requires.
K. Interpretation. This Agreement shall be construed without regard to the identity
of the party who drafted the various provisions of this Agreement. Moreover, each and every
provision of this Agreement shall be construed as though all Parties to this Agreement participated
equally in the drafting of this Agreement. As a result of the foregoing, any rule or construction
that a document is to be construed against the drafting party shall not be applicable to this
Agreement.
L. Headings. The headings, titles and captions in this Agreement have been inserted
only for convenience and in no way define, limit, extend, or describe the scope or intent of this
Agreement.
M. Recitals and Exhibits. This Agreement’s recitals and exhibits are, by this
reference, incorporated in and made a part of this Agreement. In the event of a conflict between
an exhibit and the text of this Agreement, the text of this Agreement shall control.
N. Amendments and Modifications. No modification, addition, deletion, revision,
alteration or other change to this Agreement shall be effective unless and until such change is
reduced to writing and executed by the City pursuant to all applicable statutory procedures.
O. Calendar Days and Time. Any reference herein to “day” or “days” shall mean
calendar and not business days. If the date for giving of any notice required to be given hereunder
or the performance of any obligation hereunder falls on a Saturday, Sunday, or Federal holiday,
then said notice or obligation may be given or performed on the next business day after such
Saturday, Sunday, or Federal holiday.
P. No Third Party Beneficiaries. No claim as a third party beneficiary under this
Agreement by any person, firm or corporation shall be made, or be valid, against the City or
Taxpayer.
[Signature page follows]
IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed by
their duly authorized representatives as of the date first above written.
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ATTEST: CITY OF LAKE FOREST, an Illinois
municipal corporation
By:_______________________________ By:________________________________
Margaret Boyer, City Clerk George A. Pandaleon, Mayor
LC LAKE FOREST, LLC, an Illinois limited
liability company
By:_________________________________
Name: ______________________________
Title: _______________________________
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ACKNOWLEDGEMENT
STATE OF ILLINOIS )
) SS.
COUNTY OF LAKE )
This instrument was acknowledged before me on ____________________, 2021,
by GEORGE A. PANDALEON, Mayor of the CITY OF LAKE FOREST, an Illinois municipal
corporation, and by MARGARET BOYER, City Clerk of said municipal corporation, as their
free and voluntary act in their capacities as officers of said company for the uses and purposes
herein.
______________________________________
Signature of Notary
SEAL
My Commission expires:
____________________________________
STATE OF ______________ )
) SS.
COUNTY OF____________ )
The foregoing instrument was acknowledged before me on
______________________ 2021, by _____________________ the _______________________
of LC LAKE FOREST, LLC, an Illinois limited liability company, as his/her free and voluntary
act in his/her capacity as officer of said company for the uses and purposes herein.
______________________________________
Signature of Notary
SEAL
My Commission expires:
41
15
Exhibit 1
Legal Description of the Property
LOT 15 (EXCEPT THAT PART THEREOF LYING NORTHERLY OF A STRAIGHT LINE
DESCRIBED AS BEGINNING AT A POINT IN THE EASTERLY LINE, 9.40 FEET
NORTHERLY OF THE SOUTHEASTERLY CORNER OF SAID LOT AND RUNNING
WESTERLY TO A POINT IN THE WESTERLY LINE 9.34 FEET NORTHERLY OF THE
SOUTHWESTERLY CORNER OF SAID LOT), ALL OF LOT 16 AND NORTHERLY 50 FEET
OF 17 IN BLOCK 1 OF JAMES ANDERSON'S SUBDIVISION OF LOT 340 AND PART OF
LOT 334 IN LAKE FOREST IN THE NORTHWEST QUARTER OF SECTION 33, TOWNSHIP
44 NORTH, RANGE 12, EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO
THE PLAT THEREOF, RECORDED MARCH 18, 1892, AS DOCUMENT 48827, IN BOOK
"C" OF PLATS, PAGE 5, IN LAKE COUNTY, ILLINOIS.
P.I.N.: 12-33-113-009
Address: 655 Forest Avenue, Lake Forest, Illinois 60045
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Exhibit 2
City’s Findings
Based on the City’s review of the Property, the Plans, the Proposed Business, and all other relevant
information, the Corporate Authorities hereby make the findings below and conclude that entering
into the Agreement is in the City’s best interests.
(1) The Building on the Property has remained significantly unoccupied or underutilized for
at least 1 year. The Property’s prior occupant, Market House on the Square, has not
consistently or fully occupied or utilized the Building since mid-March, 2020.
(2) The Proposed Business will create and retain job opportunities in the City. The Proposed
Business is estimated to generate 110 jobs.
(3) Redeveloping the Property with the Proposed Business will promote further development
of adjacent areas. The Property is located near the City’s downtown core. The downtown’s
vibrancy depends upon minimizing vacancy rates and attracting quality, pedestrian-
oriented business like the Proposed Business.
(4) Absent the Agreement, redeveloping the Property with the Proposed Business would not
be possible. Taxpayer proposes to significantly invest in the Property and the Building
during a time of near-unprecedented uncertainty in the restaurant industry. The
Agreement’s performance-based incentives provide a necessary degree of financial support
for the Proposed Business.
(5) Taxpayer meets high standards of creditworthiness and financial strength.
(6) Redevelopment of the Property with the Proposed Business will strengthen the City’s
commercial sector and enhance the City’s tax base. The Proposed Business is expected to
generate The Proposed Business is expected to generate $480,000 in annual sales tax
revenue 25% of which, $120,000, is projected to be collected by the City and - $38,313 in
annual property tax revenue. Maintaining a successful business in this location is critical
to supporting the downtown’s continued success.
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The City of Lake Forest
CITY COUNCIL
Proceedings of the Monday, March 15, 2021
City Council Meeting - City Council Chambers
REMOTE ACCESS MEETING
CALL TO ORDER AND ROLL CALL: Honorable Mayor Pandaleon called the meeting to order at 6:30pm, and
the Deputy City Clerk Joyce Reda called the roll of Council members.
Present: Honorable Mayor Pandaleon, Alderman Morris, Alderman Karras, Alderman Rummel, Alderman
Preschlack, Alderman Goshgarian, Alderman Buschmann and Alderman Weber.
Absent: Alderman Notz
CALL TO ORDER AND ROLL CALL
PLEDGE OF ALLEGIANCE was recited.
REPORTS OF CITY OFFICERS
COMMENTS BY MAYOR
Mayor Pandaleon made the following statement as required by the Open Meetings Act. In accordance with
state statute, Mayor Pandaleon has made a determination that it was not practical or prudent to schedule
an in-person City Council meeting because of the COVID-19 pandemic, which is why this March 15, 2021 City
Council meeting is being held remotely.
A. Resolution of Sympathy for former Mayor Frank Waldeck
Mayor Pandaleon recognized the members of the Waldeck family and read a resolution of sympathy for
former Mayor Frank Waldeck.
COUNCIL ACTION: Approval of the Resolution of Sympathy for former Mayor Frank Waldeck
Alderman Rummel made a motion to approve the Resolution of Sympathy for former Mayor Frank Waldeck,
seconded by Alderman Preschlack. The following voted “Aye”: Alderman Morris, Karras, Rummel,
Preschlack, Goshgarian, Buschmann, and Weber. The following voted “Nay”: None. 7-Ayes, 0 Nays, motion
carried.
Mayor Pandaleon read a letter from the Chicago Bears family, offering their condolences to the Waldeck
family.
Joe and Cathy Waldeck thanked the City Council for the resolution honoring Frank Waldeck. He thanked
everyone for the support and condolences received from the community.
The City Council expressed their condolences and shared their sympathy with the Waldeck family.
COMMENTS BY CITY MANAGER
A. Community Spotlight
- Elawa Farm
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Proceedings of the Monday March 15, 2021
Regular City Council Meeting
- Laura Calvert, Executive Director
City Manager, Jason Wicha welcomed Laura Calvert, Executive Director of the Elawa Foundation, to give a
brief presentation outlining the future of Elawa Farm.
Ms. Calvert gave a brief background on her experience prior to becoming the Executive Director. She
discussed the strategic vision at Elawa Farm, and how to reconnect the community to the local food system.
This includes programming and having a low impact on the neighborhood. She discussed the educational
opportunities that will be available to the community including public tours, free family activities, summer
camps, and youth and adult classes. Ms. Calvert explained how Elawa Farm adapted to COVID-19, and how
Elawa was able to assist with food distribution to local organizations. Additionally, she discussed in depth
future planning on partnering with local community groups to further their mission and expanding the
garden, garden market, and kitchen. She reported that the The Garden Market will be open May 14 through
the end of October.
The City Council thanked Ms. Calvert for the presentation and the positive expansion of Elawa Farm.
OPPORTUNITY FOR CITIZENS TO ADDRESS THE CITY COUNCIL ON NON-AGENDA ITEMS
Members of the public can provide public comment by calling the following number during the meeting:
847-810-3643
COMMITTEE REPORTS
ITEMS FOR OMNIBUS VOTE CONSIDERATION
1. Approve the Extension of the Mayor’s Declaration of a Local State of Emergency until the
next City Council Meeting
2. Approval of the February 23, 2021, Special City Council Meeting Minutes
3. Approval of the March 1, 2021, City Council Meeting Minutes
4. Approval of a Recommendation from the Public Works Committee to Award the Seminary
Ravine Study Proposal to Hey & Associates Inc. in the Amount of $45,000
5. Approval of a Recommendation from the Public Works Committee to Approve a Resolution
Allowing City employees to perform work in State right-of-way for a Period of Two Years
6. Approval of a Recommendation from the Public Works Committee to Approve an Illinois
Department of Transportation (IDOT) Resolution Appropriating $87,470 in Motor Fuel Tax
(MFT) Funds and Approval of a Supplemental Phase I Design Agreement with H.W. Lochner,
Inc. for the Lake/Woodbine Bridge Project
7. Approval of a Recommendation from the Public Works Committee for Authorization to
Advance FY22 Capital Expense and Approval to Award a Contract to Wadsworth Golf
Construction for Restoration of Deerpath Golf Course as Associated with the IDOT Storm
Water Project, in the Amount of $449,810 plus 10% Contingency in the Amount of $45,190
for a total of $495,000.
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Proceedings of the Monday March 15, 2021
Regular City Council Meeting
8. Approve the Purchase of 2,400 Tons of Road Salt from Morton Salt in the Amount of
$170,700 for the FY22 Winter and/or Reserve for FY23
Mayor Pandaleon asked members of the Council if they would like to remove any item or take it separately.
Alderman Buschmann requested to remove item #9 from omnibus consideration for discussion.
There was additional discussion on item #6.
Mayor Pandaleon again asked members of the Council if they would like to remove any item or take it
separately. Seeing none, he asked or a motion.
COUNCIL ACTION: Approval of the eight (8) Omnibus items as presented
Alderman Goshgarion made a motion to approve the eight (8) Omnibus items as presented, seconded by
Alderman Preschlack. The following voted “Aye”: Alderman Morris, Karras, Rummel, Preschlack,
Goshgarian, Buschmann and Weber. The following voted “Nay”: None. 7-Ayes, 0 Nays, motion carried.
Removed Item:
1. Consideration of Recommendations from the Plan Commission and Building Review Board in
Support of Redevelopment of the Southeast Corner of Waukegan and Everett Roads with a
Mixed Use Development. (Final Approval of Ordinances)
COUNCIL ACTION: Grant final approval of an ordinance approving a Special Use Permit authorizing
redevelopment of the property and approving a drive thru for a coffee shop, professional offices on the
first floor in the B-1 District, and variances to allow off site employee parking and an encroachment of a
small portion of the office building into the required setback.
AND
Grant final approval of an ordinance approving the design aspects of the overall site and building for the
Iosue development.
The City Council had a lengthy discussion regarding the development of the Southeast Corner of Waukegan
and Everett Roads.
Mayor Pandaleon offered the Public an opportunity to address the City Council on this item. There was no
additional public comment.
Mayor Pandaleon asked for a motion to approve the recommendations from the Plan Commission and the
site plan.
Alderman Weber made a motion to take each item separately, seconded by Alderman Goshgarian. The
following voted “Aye”: Alderman Morris, Karras, Rummel, Preschlack, Goshgarian, Buschmann and Weber.
The following voted “Nay”: None. 7-Ayes, 0 Nays, motion carried.
Mayor Pandaleon asked for a motion to approve the final reading of the special use permit.
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Proceedings of the Monday March 15, 2021
Regular City Council Meeting
Alderman Buchmann made a motion to approve the Special Use Permit, seconded by Alderman Goshgarian.
The following voted “Aye”: Alderman Morris, Karras, Rummel, Preschlack, Goshgarian, and Buschmann. The
following voted “Nay”: Alderman Weber. 6-Ayes, 1-Nay, motion carried.
The Mayor reviewed the previous motions voted on.
COUNCIL ACTION: Reconsider the previous Council action. The City attorney suggested the City Council
clarify the items being voted on.
Alderman Morris made a motion to reconsider the items previously voted on, seconded by Alderman
Rummel. The following voted “Aye”: Alderman Morris, Karras, Rummel, Preschlack, Goshgarian,
Buschmann and Weber. The following voted “Nay”: None. 7-Ayes, 0 Nays, motion carried.
Mayor Pandaleon asked for a motion to approve the architectural site plan and height variance. Alderman
Morris made a motion, seconded by Alderman Goshgarian. The following voted “Aye”: Alderman Morris,
Karras, Rummel, Preschlack, Goshgarian, and Buschmann. The following voted “Nay”: Alderman Weber. 6-
Ayes, 1 Nay, motion carried.
Mayor Pandaleon asked for a motion to approve the Special Use Permit for the drive-thru. Alderman Morris
made a motion, seconded by Alderman Weber. The following voted “Aye”: Alderman Morris, Karras,
Rummel, Preschlack, Goshgarian, Buschmann and Weber. The following voted “Nay”: None. 7-Ayes, 0-Nays,
motion carried.
The City Council asked the City Attorney to clarify the public comment procedure.
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
OLD BUSINESS
1. Lake Forest Library Presentation: Overview and Update on Proposed Lake Forest Library Capital
Project (Discussion and Feedback)
Mayor Pandaleon introduced Wendy Darling, Library Board President, and David Rose, Library Board Vice
President, and Diana Terlato, Board Member gave a presentation discussing the future of the Lake Forest
Library.
Ms. Darling began the presentation by discussing the current state of the Library, and the history of the
changing nature of the building. She stated the repairs and restoration needed for the historic building
including the site, life and safety issues, and ADA compliance. Ms. Darling gave a timeline including different
community discussions they have conducted regarding the capital improvement project.
Ms. Terlato discussed the many local community organizations that the Library partners with, offering the
opportunity to expand opportunities through the location. Additionally, she discussed what the Library
improvements would offer.
Mr. Rose displayed the historic, current, and future floor plans. He explained the proposed expansion in-
depth, stating how the expanded square footage would provide multi-use, flexible Library usage. He
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Proceedings of the Monday March 15, 2021
Regular City Council Meeting
additionally discussed why original aspects of the building are not being proposed to be renovated, due to
the cost.
The presentation displayed concept imagery, showing the potential new exterior and interior of the Library.
Ms. Terlato gave in-depth descriptions of each room and the proposed renovations.
Mr. Rose discussed the estimated project cost, totaling $24 million, 60% of the total cost including new
construction, and 40% of the total cost including renovations. He included escalation costs if there was a 12-
month delay in the project. Mr. Rose explained the potential cost savings to the taxpayer of the renovation
would include decreased staffing, energy usage, repairs, and maintenance.
Ms. Darling outlined the next steps for the project, reviewing the timeline.
The City Council had lengthy discussions regarding the process that led to the overall decision presented,
Library programming, and the budgeting process to fund the project. Additionally, the City Council offered
feedback regarding how this project should be presented to the community.
Mayor Pandaleon asked if there was anyone from the public who wanted to address the Council.
Mayor Pandaleon recognized the following persons.
Rommy Lopat offered comments to the City Council
Emily Watts offered comments to the City Council
NEW BUSINESS
ADDITIONAL ITEMS FOR COUNCIL DISCUSSION/COMMENTS BY COUNCIL MEMBERS
Mayor Pandaleon noted to the public that there will be no further public business following Executive
Session
1. EXECUTIVE SESSION pursuant to 5ILCS 120/2 (c) (5), The City Council will be discussing the
consideration of purchase or lease of real property and 120/2 (c), (6), The City Council will be
discussing the disposition of property and the consideration for the sale or lease of property
owned by the Public Body
Adjourn into Executive Session at 9:21 p.m.
COUNCIL ACTION: Adjourn into Executive Session
Alderman Morris made a motion to Adjourn into Executive Session, seconded by Alderman Rummel. The
following voted “Aye”: Alderman Morris, Karras, Rummel, Preschlack, Goshgarian, Buschmann and Weber.
The following voted “Nay”: None. 7-Ayes, 0 Nays, motion carried.
ADJOURNMENT
The City Council reconvened into open session at 10:32 pm.
There being no further business Mayor Pandaleon asked for a motion to adjourn.
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Proceedings of the Monday March 15, 2021
Regular City Council Meeting
Alderman Weber made a motion to adjourn, seconded by Alderman Preschlack. Motion carried
unanimously by voice vote at 10:33 pm.
Respectfully Submitted
Margaret Boyer, 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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January 15, 2021
Ms. Elizabeth Holleb
City of Lake Forest
Sent via email to: hollebe@cityoflakeforest.com
Dear Ms. Holleb:
I am writing to request your municipality’s participation in Lake County’s Private Activity Bond
Clearinghouse (PABC) in 2021. Each year, Lake County Partners contacts the home rule communities in
Lake County to request a pooling together of the volume cap to ensure the best use of our collective private
activity bond allocation. The PABC cap for each year is transferred to the Village of Buffalo Grove, the
Pool’s host home rule community. If your municipality is interested in participating, your governing body
must approve a resolution and submit it to the Governor’s Office before April 30, 2021. A sample resolution
is attached for your use.
Since its inception, the Lake County PABC has funded nearly $200,000,000 in local projects, which has
resulted in the construction of over 360,000 sq. ft. of new manufacturing space, the creation of 648 new
manufacturing jobs, the renovation of 1,600 multi-family dwelling units, the purchase of an estimated 251
homes by first-time homebuyers, the expansion of a Montessori School, and the construction of a new solid
waste disposal cell.
Please click on the following link to review the: “State of Illinois’ Guidelines and Procedures for the
Allocation of Private Activity Bonding Authority in Accordance with the Tax Reform Act of 1986 and 30
ILCS 345”. Per page 5 of this document, this year’s per capita amount is $110.00, and the population data
estimates outlined within these guidelines are based on Census information. The population estimate for
the City of Lake Forest is 19544, bringing your municipality’s 2021 allocation to $2,149,840.
Your municipality’s approval of a resolution to transfer its volume cap to the Village of Buffalo Grove will
preserve the volume cap in Lake County for a three-year period for the important reasons outlined above.
Lake County Partners therefore requests that you place a resolution similar to the attached example
on your Board’s schedule for approval and forward the approved resolution to the attention of the
Governor’s Office as soon as possible in the manner outlined within page 3 of the above hyperlinked
Guidelines and Procedures document; please note that all reporting submissions are to be submitted
in both hard copy and electronic format.
Please copy me at bprusila@lakecountypartners.com on your Board’s actions and subsequent
notification to the Governor’s Office, or notify me if your community chooses not to participate in
this year’s pool so that we may more effectively manage the process next year. If you have any specific
questions or concerns, please feel free to get in touch directly at 773-706-0057. We appreciate your support
and look forward to working with you.
Sincerely,
Barbara C. Prusila
Marketing & Communications Director
50
RESOLUTION NO. _______
A RESOLUTION OF THE CITY OF LAKE FOREST, ILLINOIS
REALLOCATING 2021 VOLUME CAP
TO THE VILLAGE OF BUFFALO GROVE, ILLINOIS
WHEREAS, the City of Lake Forest, Lake County, Illinois the (“City”), is a municipality and
a home rule unit of government duly organized and validly existing under Section 6(a) of Article
VII of the 1970 Constitution and laws of the State of Illinois; and
WHEREAS, certain tax exempt private activity bonds may be issued only if sufficient
volume cap pursuant to Section 146 of the Internal Revenue Code of 1986, as amended (the
“Code”), is available for the bonds; and
WHEREAS, pursuant to the Code, the City has been allocated volume cap equal to
$110.00 per resident of the City in calendar year 2021, or $2,149,840 for the issuance of such tax
exempt private activity bonds; and
WHEREAS, pursuant to Section 6 and Section 6.1 of the Illinois Private Activity Bond
Allocation Act, 30 ILCS 345/1 et seq. (the “Bond Allocation Act), and the Guidelines and
Procedures promulgated thereunder, the City may, prior to May 1, 2020, reallocate to other home
rule units of government the volume cap allocated to the City by the Code for their issuance of
such tax exempt private activity bonds or for subsequent transfer or reallocation; and
WHEREAS, the City has not used any of its 2021 volume cap and has no present intention
to use the same; and
WHEREAS, the Lake County Partnership for Economic Development, Inc. has offered
Lake County home rule communities the opportunity to participate in a program to combine their
respective volume cap allocations and create a Private Activity Bond Clearinghouse Pool (the
“Pool”) to facilitate the issuance of tax-exempt private activity bonds to finance, manufacturing
and multi-family housing commercial projects in Lake County, Illinois, for economic development
purposes (“Eligible Projects”); and
WHEREAS, the Village of Buffalo Grove, a home rule unit of government (“Buffalo
Grove”), pursuant to its Resolution No. 2001-51 adopted December 17, 2001, agreed to host the
Pool and to reserve its own volume cap, and accept volume cap reallocated to Buffalo Grove by
other home rule units of government, for the issuance of tax-exempt private activity bonds placed
through the Pool to finance Eligible Projects; and
WHEREAS, Buffalo Grove has requested that the City reallocate all of its 2021 volume
cap to Buffalo Grove to be used for the issuance of tax-exempt private activity bonds placed
through the Pool to finance Eligible Projects;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LAKE
FOREST, LAKE COUNTY, ILLINOIS, as follows:
Section 1: Recitals. The foregoing recitals are incorporated in and made a part of this
Resolution by this reference as findings of the City Council.
Section 2: Transfer and Reallocation of 2021 Volume Cap. Pursuant to Section 6 and Section
6.1 of the Bond Allocation Act and the Guidelines and Procedures promulgated
thereunder, the City irrevocably agrees to, and does hereby, transfer and
reallocate all of its 2021 volume cap to Buffalo Grove to be used for the issuance
of tax-exempt private activity bonds placed through the Pool to finance Eligible
51
Projects as directed by the Advisory Committee created pursuant to Buffalo Grove
Resolution No. 2001-51.
Section 3: Agreement. This Resolution shall constitute the agreement of the City to a different
allocation under Section 146(e)(3) of the Code and the writing required under
Section 6 of the Bond Allocation Act.
Section 4: Warranty. The City covenants and warrants that it has taken no action or issued
bonds that would abrogate, diminish, or impair its ability to fulfill the written
agreement, covenants, and undertakings on its part under this Resolution.
Section 5: Authorization. As required by the Bond Allocation Act and the Guidelines and
Procedures promulgated thereunder, a certified copy of this Resolution shall be
transmitted to the Office of the Governor of the State of Illinois. Any and all
appropriate and proper officers, officials, agents, and employees of the City are
hereby authorized, empowered, and directed to take all necessary and advisable
actions, and to execute all such documents and certificates, as may be necessary
to further the purposes and intent of this Resolution.
Section 6: Maintain Record. The City shall maintain a written record of this Resolution in its
records for so long as the bonds to which the volume cap transferred by this
Resolution is reallocated remain outstanding.
Section 7: Effective Date. This Resolution shall be in full force and effect from and after its
passage and approval as required by law and is enacted by the City pursuant to
its powers under the laws of the State of Illinois and the Illinois Constitution of 1970
and its home rule powers.
PASSED this _____ day of __________________, 2021
AYES:
NAYS:
ABSENT:
APPROVED this _____ day of _______________, 2021
____________________________________
Mayor
ATTEST:
__________________________
City Clerk
52
655 Rockland Road • Suite 20I • Lake Bluff. IL 60044• wrightbenefit.com• 847.996.6900 Ph • 847.235.2758 fax
Scope of Services for The City of Lake Forest
May 1, 2021 to April 30, 2022
The following summary of services will update our fee and service agreement for The City of Lake
Forest effective May 1, 2020. The fees and commissions are updated to reflect estimated
commissions for 2021 (May 1, 2021 to April 30, 2022).
We are prepared to provide our integrated services as outlined in the Service Agreement for these
areas of the clients benefit and risk management programs:
1. Group Life Plans, Medical and Dental Plans
2. Personal Health Care Benefit Advisory Services
3. Voluntary Benefit Programs
4. Disability/Paid Time Off Programs
5. Executive Benefit Plans
6. Business Life and Annuity applications
7. Defined Contribution Retirement Plans
8. Management/Council Advisory Committees
9. Benefit/Wellness Committee
10. Legislative consulting
11. Labor negotiation assistance
12. Risk Management Program Consulting
Our services are delivered to meet your needs as required by your organization. Our services will
be based on the following approach, which can be modified as needed:
1. Review and update Operating Plans for our engagement
2. Meet with key management staff regularly to address needs and decision parameters
related to strategy
3. Review and recommend strategies to comply with applicable benefit requirements,
including long term forecasting
4. Provide annual review and report on benefit plans under management
5. Maintain schedule of working meetings with staff members to support plans
6. Develop and present plan reviews at committee meetings
7. Develop and communicate renewal summaries, Request for Proposal outcomes, bid
analyses and results of other work, as needed
8. Present results of research, studies and project work as needed
9. Provide compliance support services for Regulatory reform, including outsourcing as
needed
We will perform these services on a coordinated and efficient schedule, which anticipates the needs
of your business. We will continually revise our plans as needed to meet your changing needs.
53
655 Rockland Road • Suite 20I • Lake Bluff. IL 60044• wrightbenefit.com• 847.996.6900 Ph • 847.235.2758 fax
Compensation for Services
We base our fees on the estimated work involved in your engagement with us and include
commissions and/or service allowances authorized by the Client. We do not accept any other
compensation that is not authorized by a client.
Our services are based on the following fee arrangement:
1. Total Fees, Special Projects and Commissions Estimate: $ 114,430
2. Commissions from Insurance Contracts 10% Life Insurance
9% Stop Loss
10% Transplant
$1.50 per employee Asset Health
7.5%/4% Retiree Medical
• Asset Health Wellness Total $ 4,000
• Benistar Retiree Insurance Total $ 4,794
• Total Life Commission $ 8,550
• Total Stop Loss Commission $ 63,211
• Total Transplant Commission $ 2,975
Total Estimated Commissions $ 83,530
3. WBS Fee
• Annual Group Benefit Consulting Fee $ 23,175
• Project Fees for Legislative, IRMA Risk 7,725
Our firm does not accept special payments, commission overrides, or other special compensation
related to insurance and consulting agreements. All fees paid to us out of client payments, are
disclosed annually and taken into consideration in setting our compensation. Wright Benefit
Strategies does not receive any special payments related to The City of Lake Forest benefit or risk
management programs.
54
655 Rockland Road • Suite 20I • Lake Bluff. IL 60044• wrightbenefit.com• 847.996.6900 Ph • 847.235.2758 fax
Time Period of Services and Agreement Effective May 1, 2021
Our services are to be performed on an annual basis effective the date acceptance of fee agreement.
Effective May 2020, and thereafter, this agreement shall be automatically extended for successive
one (1) year periods unless modified or cancelled for any reason with ninety days’ notice to either
party. Our services may be cancelled for any reason with ninety days’ notice to either party.
Should the scope of services change for any reason, the client and Wright Benefit Strategies agree
to modify the scope, fees, and duration of the agreement as needed.
Payment in the event of cancellation: The client and Wright Benefit Strategies understand that the
fee agreement is based on annual fees. In the event of termination, the client agrees pay any
outstanding portion of the annual fee, plus a portion of fees not currently due to cover costs for
services performed through the termination date. In no event will this amount exceed the annual
fee amount.
In the absence of a newly executed fee agreement, this agreement will continue unless modified
by mutual consent.
Proposal Acceptance
3/1/21
The City of Lake Forest
Authorized Signature
Date Wright Benefit Strategies
Authorized Signature
Date
55
March 2021
DICKINSON HALL KITCHEN RENOVATION
SCOPE OF WORK
Dickinson Hall is providing the following scope of work as a basis for what we envision and believe will be
minimally necessary to fulfill this position. Firms that are chosen to proceed as finalists in this process will be
asked to submit proposals for the scope of work provided herein.
A. Demolition of Kitchen
• Demolition existing cabinets and countertops.
• Remove and dispose of under cabinet lighting, wall oven, gas cook top.
• Remove existing flooring.
• Save refrigerator, dishwasher and microwave, relocate refrigerator to basement storage room
and the dishwasher and microwave to another area in the building during remodel
• Save existing sinks, disposals, hot water spigot, faucets.
B. Renovation of Kitchen
• New cabinets for base, upper and island w/ wire pulls.
• New solid surface countertops.
• New refrigerator, food warmer, free standing range and ice maker.
• Relocate plumbing for dishwasher, double sink, disposal, and hot water spigot.
• Relocate electric outlets for double oven, outlets under the sink and microwave.
• Add water for ice maker and cold water spigot to west wall.
• Add dedicated outlet for ice maker.
• Add wall switch by main sink to operator disposal.
• Update existing outlets.
• Install insulated wall in nook to separate AV equipment and kitchen. Allow for an access panel to
AV cabinet at bottom of wall on the kitchen side.
• Build an AV cabinet in the Great Room to house, AV equipment including microphones, iPad,
stereo equipment, etc.
• Re-install double bowl sink and single bowl sink. Reconnect plumbing.
• Re-install dishwasher, microwave. Reconnect electricity.
• Install new refrigerator, food warmer and free-standing range.
• Install ice maker and cold water spigot.
• Install new glued down LVT plank flooring. Install new cove base.
• Install new sheet backsplash under upper cabinets.
• Install new under cabinet LED strip lighting.
• Paint walls.
56
INTERGOVERNMENTAL AGREEMENT BETWEEN
THE CITY OF LAKE FOREST, THE CITY OF HIGLAND PARK, AND THE VILLAGE
OF LAKE BLUFF ESTABLISHING THE LAKE SHORE RADIO NETWORK
This Intergovernmental Agreement (the “Agreement”) is entered into this 1st day of May,
2021 (“Effective Date”), by and between the City of Lake Forest, an Illinois charter and home rule
municipality (“Lake Forest”), the City of Highland Park, an Illinois home rule municipality
(“Highland Park”), and the Village of Lake Bluff, an Illinois home rule municipality (“Lake
Bluff”) (Lake Forest, Highland Park, and Lake Bluff are referred to collectively as the “Parties”).
RECITALS
WHEREAS, the Parties are home rule municipalities and have the power and authority to
provide and operate fire stations and equipment necessary to prevent and extinguish fires and to
provide emergency medical services, both inside and outside their corporate limits, 65 ILCS 5/11-
6-1, 11-6-1.1, 11-5-7.2; and
WHEREAS, Article VII, Section 10 of the 1970 Constitution of the State of Illinois
authorizes units of government to contract among themselves to obtain or share services and to
exercise, combine or transfer any power or function, in any manner not prohibited by law or by
ordinance; and
WHEREAS, the Illinois Intergovernmental Cooperation Act, 5 ILCS 220/1, et seq.,
provides additional powers to units of government that work together; and
WHEREAS, the Parties have previously entered into an Intergovernmental Agreement
which established the parties’ participation in a police radio network referred to as the “East Shore
Radio Network;” and
WHEREAS, the Fire Departments of the Parties have been utilizing the frequency and
equipment of the East Shore Radio Network for many years; and
WHEREAS, the Police Departments of the Parties are moving towards a new radio system
and the East Shore Radio Network will no longer be needed for police purposes; and
WHEREAS, the Parties desire to continue to operate and maintain the radio frequency and
equipment of the East Shore Radio Network for their respective Fire Departments by establishing
the Lake Shore Radio Network; and
WHEREAS, the Parties to this Agreement have acquired the radio equipment of the East
Shore Radio Network through a bill of sale and own this radio equipment in common; and
WHEREAS, pursuant to their powers under the Illinois Constitution, the
Intergovernmental Cooperation Act, and pursuant to the home rule powers of the Parties, Lake
Forest, Highland Park, and Lake Bluff desire to enter into this Agreement to establish the Lake
Shore Radio Network under the terms and conditions set forth herein.
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NOW, THEREFORE, in consideration of the foregoing mutual promises, covenants,
terms, and conditions contained herein, and other good and valuable consideration, the sufficiency
of which is hereby acknowledged, it is hereby agreed by and between Parties as follows:
1. Recitals. The foregoing recitals are incorporated as though fully set forth in this Section 1.
2. Establishment of the Radio Network. The Parties to this Agreement establish an
intergovernmental agency known as the Lake Shore Radio Network (“Radio Network”).
The Radio Network will be controlled and regulated by the Governing Board described in
Section 3 of this Agreement.
3. Governing Board. The Governing Board of the Radio Network will consist of the Fire
Chief of Lake Forest, the Fire Chief of Highland Park, and the Fire Chief of Lake Bluff.
Each Fire Chief will have one vote on the Governing Board, and a majority vote of the
Board is required to approve any action. A Fire Chief may appoint an alternate to attend
meetings of the Governing Board and vote in his or her place. The Governing Board will
elect one of its members as the Chairman, who will serve for a term of 1 year.
4. Title to Radio Network Property. Title to the Radio Network’s shared property will be
held in common among the Parties to the Radio Network. The Radio Network’s shared
property as of the date of this Agreement is listed on Exhibit A, which Exhibit may be
updated from time-to-time without having to amend this Agreement (“Radio Network
Property”).
5. Expenses of the Radio Network. The debts, expenses, and obligations incurred to
maintain, repair, or replace equipment owned in common by the Parties to the Radio
Network will be shared equally among the Parties. Vendors selected by the Governing
Board to maintain, repair, or replace the Radio Network Property will bill each of the
Parties an equal share of the maintenance, repair, or replacement costs, and the Parties have
the authority to enter into agreements with vendors for the maintenance, repair, or
replacement of the Radio Network Property.
6. Budget Submission. Prior to January 15th of each year, the Governing Board will submit
to the corporate authorities of each Party a proposed budget for the annual operation of the
Radio Network for the coming fiscal year, and the requested appropriation amount from
each Party.
7. Individual Radio Equipment. The Parties may purchase, maintain, and operate their own
individual radio equipment, which property will remain the separate property of each Party,
and will not be subject to this Agreement.
8. Term; Withdrawal; Termination
A. Term. The Term of this Agreement will be for a period of 5 years, commencing on the
Effective Date. This Agreement will automatically renew for additional 5 year terms,
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unless a Party delivers a written notice of non-renewal to the other Parties not less than
1 year prior to the end of the applicable term.
B. Withdrawal. A Party to this Agreement may withdraw upon providing written notice
at least one year prior to withdrawal. Upon withdrawal, the withdrawing Party will (1)
forfeit any right to the use of the Radio Network Property; and (2) forfeit any right,
title, or interest in the Radio Network Property.
C. Termination. The Parties may terminate this Agreement by mutual written agreement.
The Radio Network Property will be disposed of and any revenue derived from that
disposition will be distributed equally among the remaining Parties to the Radio
Network.
9. Mutual Cooperation. The Parties agree to exercise their best efforts to cooperate as
reasonably required to implement the terms of this Agreement.
10. Indemnification. To the maximum extent permitted by law, each of the Parties agrees to
hold the other Parties, their respective officers, agents and employees, harmless from and
against all claims, and indemnify and defend the other Parties, their respective officers,
agents and employees, in relation to any claim or claims for any loss, personal injury, death
or damages that may arise out of or relate to the indemnifying Party’s acts or omissions
under the terms of this Agreement.
11. Insurance. Each of the Parties agrees to procure and maintain, at its sole cost, “all risk”
property insurance covering those portions of the Radio Network Property located within
the Party’s corporate boundaries.
12. Freedom of Information Act. The Parties agree to maintain, without charge, all records
and documents concerning or relating to this Agreement and any services provided
thereunder in accordance with the Freedom of Information Act (“FOIA”) 5 ILCS 140/1, et
seq. Upon a Party’s request, the other Party shall produce all records requested within the
timeframe requested by requesting Party, and if additional time is needed to compile the
requested records, the responding Party shall promptly notify the requesting Party. In the
event that either Party is found to have not complied with the Freedom of Information Act
due to the other party’s failure to produce documents or otherwise appropriately respond
to a request under the Act, then the Party failing to produce and/or respond shall indemnify
and hold harmless the other party, and pay all amounts determined to be due, including,
but not limited to, fines, costs, attorneys’ fees and penalties.
13. Validity. It is mutually agreed that if any provision of this Agreement is held to be invalid
or unenforceable for any reason, the remaining provisions will continue to be valid and
enforceable. If a court finds that any provision of this Agreement is invalid or
unenforceable, but that by limiting such provision the Agreement becomes valid and
enforceable, then that provision will be deemed to be written, construed, and enforced as
so limited.
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14. Enforceability, Assignment, and Third-Party Rights. The covenants and agreements
contained in this Agreement are binding upon and inure to the sole benefit of the Parties
and their successors and assigns. No Party may assign this Agreement. Nothing in this
Agreement, express or implied, is intended to or will confer upon any other person, entity,
company, or organization, any legal or equitable right, benefit or remedy of any nature
whatsoever under or by reason of this Agreement.
15. Remedies. In the event of a breach or an alleged breach of this Agreement by a Party, a
non-breaching Party may, by suit, action, mandamus or any other proceeding, in law or in
equity, including specific performance, enforce or compel the performance of this
Agreement.
16. Entire Agreement. This Agreement represents the entire agreement between Parties and
supersedes all prior negotiations, understandings, and agreements between the Parties,
whether written or oral, relating to the subject matter of this Agreement.
17. Notices. Any notice required by this Agreement will be deemed properly given to the Party
to be notified at the time it is personally delivered or mailed by certified mail, return receipt
requested, to the Party’s address. The address of each Party is below, and a Party may
change its address for receiving notices pursuant to this Agreement by providing notice in
accordance with this Section 16.
LAKE FOREST HIGHLAND PARK LAKE BLUFF
Pete Siebert Larry Amidei David Graf
Fire Chief Fire Chief Fire Chief
City of Lake Forest City of Highland Park Village of Lake Bluff
255 W. Deerpath 1130 Central Ave 45 E. Center Ave
Lake Forest, IL 60045 Highland Park, IL 60035 Lake Bluff, IL 60044
With a copy to: With a copy to: With a copy to:
Julie A. Tappendorf Steve Elrod Peter Friedman
Ancel Glink, P.C. Elrod Friedman, LLP Elrod Friedman, LLP
140 Dearborn St, 6th Floor 325 N LaSalle St 325 N LaSalle St,
Chicago, IL 60603 Suite 450 Suite 450
Chicago, IL 60654 Chicago, IL 60654
18. Governing Law. This Agreement will be governed by and construed in accordance with
the laws of the State of Illinois. The venue for all disputes arising out of, under, or related
to this Agreement will be the circuit courts of Lake County, Illinois.
19. Waiver. Failure of a Party to exercise any power given to it hereunder or to insist upon
strict compliance by another Party with its obligations hereunder, and no custom or practice
of the Parties at variance with the terms hereof, will not constitute a waiver of that Party’s
right to demand exact compliance with the terms hereof.
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20. Authorization. The Parties to this Agreement represent that the authorized representatives
who have executed this Agreement warrant that they have been lawfully authorized by
their respective corporate authorities to execute this Agreement on its behalf, and to bind
the Party to this Agreement’s terms.
21. Modifications. No modification to this Agreement will be effective until approved by the
Parties in writing and in accordance with applicable law.
22. Captions. Any caption or heading within this Agreement is: a) for convenience only; b)
not a part of this Agreement; and c) not to be used in construing the Agreement.
23. Counterparts. This Agreement may be signed in two or more counterparts, each of which
will be treated as an original but which, when taken together, will constitute one and the
same instrument.
IN WITNESS THEREOF, the Parties have passed and approved this Agreement on the
day and date appearing before their respective signatures.
Dated: ___________________________ Dated: ___________________________
CITY OF LAKE FOREST CITY OF HIGHLAND PARK
_________________________________ _________________________________
Name:____________________________ Name: ___________________________
Title: ____________________________ Title: ____________________________
Dated: ___________________________
VILLAGE OF LAKE BLUFF
_________________________________
Name:____________________________
Title: ____________________________
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6
Exhibit A
List of Radio Network Property
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63
64
65
66
67
68
69
70
71
72
73
74
75
76
77
78
79
80
81
82
83
84
85
86
87
88
89
90
91
92
93
94
95
96
97
98
99
100
101
102
103
104
105
106
107
108
109
110
111
112
113
114
115
116
117
118
119
120
121
122
123
124
125
126
127
128
129
130
131
132
133
134
135
136
137
138
139
140
141
142
143
144
145
146
147
148
149
150
151
152
153
154
155
156
157
158
159
160
161
162
163
164
165
166
167
168
169
170