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PUBLIC WORKS COMMITTEE 2022/02/08 Packet PUBLIC WORKS COMMITTEE MEETING TUESDAY FEBRUARY 8, 2022 – 4:00 P.M. REMOTE ACCESS MEETING AGENDA Please be advised that all of the Public Works Committee members will be remotely attending this meeting by electronic means, in compliance with the recent amendments to the Open Meetings Act. The Chairman of the Public Works Committee 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 Committee 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. https://us02web.zoom.us/j/87373360776?pwd=MGU5bklpbnlZV0ZDT2FSRkJsMkd1QT09 Webinar ID: 873 7336 0776 Passcode: 1861 I. ROLL CALL/CALL TO ORDER Jim Preschlack, Chairman Jennifer Karras Ted Notz II. NEW BUSINESS / ACTION ITEMS 1. APPROVAL OF JANUARY 10, 2022 PUBLIC WORKS COMMITTEE MEETING MINUTES 2. REVIEW AND RECOMMEND APPROVAL TO CITY COUNCIL THE COMPLETE STREETS POLICY – JIM LOCKEFEER 3. REVIEW AND RECOMMEND APPROVAL TO CITY COUNCIL WAIVER OF BID REQUIREMENTS AND PURCHASE OF EPOXY FLOOR COATING MATERIAL – JIM LOCKEFEER 4. REVIEW AND RECOMMEND APPROVAL TO CITY COUNCIL AWARD OF BID FOR THE ANNUAL CONCRETE SIDEWALK, CURB, AND STREET REPAIR PROGRAM – BYRON KUTZ 5. REVIEW AND RECOMMEND APPROVAL TO CITY COUNCIL AWARD OF BID FOR THE DEERPATH WATERMAIN REPLACEMENT PROJECT (AHWAHNEE LN. TO GOLF LN.) – BYRON KUTZ 6. REVIEW AND RECOMMEND APPROVAL TO CITY COUNCIL OF AN EASEMENT AGREEMENT BETWEEN THE CITY OF LAKE FOREST AND THE PROPERTY OWNER OF 500 N. GOLF LANE FOR THE DEERPATH WATERMAIN REPLACEMENT PROJECT (AHWAHNEE LN. TO GOLF LN.) – BYRON KUTZ III. ASSET, INFRASTRUCTURE, & SERVICE HIGHLIGHTS IV. FY ’22 PROJECT ROADMAP STATUS CHART V. BUDGET / HIRING / INNOVATION UPDATES VI. PUBLIC COMMENT VII. NEXT MEETING – FEBRUARY 17, 2022 – 4PM ZOOM VIII. ADJOURNMENT NEW BUSINESS / ACTION ITEM: APPROVAL OF JANUARY 10, 2022 PUBLIC WORKS COMMITTEE MEETING MINUTES 1 PUBLIC WORKS COMMITTEE MEETING MONDAY, JANUARY 10, 2022 – 4:00 P.M. REMOTE ACCESS MEETING – ZOOM MINUTES I. ROLL CALL/CALL TO ORDER Chairman Jim Preschlack called the virtual meeting to order at 4:00 P.M. Aldermen Jennifer Karras and Ted Notz were present. Chairman Preschlack stated that in accordance with state statute, he made the determination that it was not practical or prudent to schedule an in-person Public Works Committee meeting because of the COVID-19 pandemic, and therefore the meeting was being held remotely. Staff virtually attending the meeting included Michael Thomas, Director of Public Works; Dan Martin, Superintendent of Public Works; Byron Kutz, Superintendent of Engineering and Jim Lockefeer, Assistant to the Director of Public Works. II. ASSET, INFRASTRUCTURE, & SERVICE HIGHLIGHTS – MUNICIPAL SERVICES BUILDING The Committee reviewed the below summary presentation slide on the topic. The Committee highlighted and thanked City staff for providing a continued high level of Snow and Ice Control Program service. The Committee and City staff discussed Snow and Ice Control Program salting practices, Public Works Committee future meeting project site visits, and IDOT’s Deerpath/Route 41 Pump Station Project. III. FY ’22 PROJECT ROADMAP STATUS CHART 2 Director Thomas and the Committee reviewed the below summary presentation slides on the topic. The Committee and City staff discussed the Waukegan & Westleigh Intersection Phase II Design, Illinois& Woodland Pedestrian Bridge Replacement Project, Lake- Woodbine Bridge Reconstruction Design, Forest Park Bluff Slope Stabilization Project, Deerpath Watermain Design, and the Water Distribution Pressure Sensors Project. The Committee and City staff discussed the recent neighborhood meeting for the Lake-Woodbine Bridge Reconstruction Project. IV. NEW BUSINESS / ACTION ITEMS 1. APPROVAL OF THE NOVEMBER 22, 2021 PUBLIC WORKS COMMITTEE MEETING MINUTES 3 Alderman Notz moved to approve the November 22, 2021 Public Works Committee meeting minutes. Alderman Karras seconded the motion, which carried unanimously. 2. REVIEW AND RECOMMEND APPROVAL TO CITY COUNCIL AWARD OF CONSTRUCTION ASSISTANCE SERVICES FOR THE ILLINOIS AND WOODLAND PEDESTRIAN BRIDGE REPLACEMENT PROJECT Director Thomas reviewed the below summary presentation slide on the topic. The Committee and City staff discussed the RFP process, the proposals received, the project construction timeline, the design of the replacement bridges, and the communication plans. Alderman Notz moved to recommend approval to City Council award of construction assistance services for both the Illinois and Woodland Pedestrian Bridge replacements to Wiss, Janney, Elstner Associates, Inc., and authorize the City Manager to execute an agreement in an amount not to exceed $39,880. Alderman Notz seconded the motion, which carried unanimously. 3. REVIEW AND RECOMMEND APPROVAL TO CITY COUNCIL AWARD OF THE ELEVATOR MAINTENANCE SERVICES CONTRACT Assistant to the Director Lockefeer reviewed the below summary presentation slide on the topic. 4 The Committee and City staff reviewed City buildings that have elevators and the per elevator unit pricing. Alderman Notz moved to recommend approval to City Council award of bid for a Three-Year Elevator Maintenance Agreement to American Hoist & Manlift in the Amount of $38,880. Alderman Karras seconded the motion, which carried unanimously. 4. REVIEW AND RECOMMEND APPROVAL TO CITY COUNCIL AWARD OF THE DEERPATH STREETSCAPE PHASE II DESIGN Assistant to the Director Lockefeer reviewed the below summary presentation slides on the topic. 5 The Committee and City staff discussed the current construction estimate, construction timing, the Deerpath Streetscape Committee Recommendation Report, and highlighting the Deerpath Streetscape to-date progress in City communications. Alderman Notz moved to recommend approval to City Council award the Deerpath Streetscape Phase II Project Design proposal to Thomas Engineering Group in the amount of $372,758 plus 10% Contingency in the amount $37,275 for a total of $410,033 and the advancement of Fiscal Year 2023 Capital Improvement Project Funding in the amount of $55,000. Alderman Karas seconded the motion, which carried unanimously. 5. REVIEW AND APPROVE 2022 PUBLIC WORKS COMMITTEE MEETING DATES Director Thomas reviewed the below summary presentation slide on the topic. 6 The Committee and City staff discussed the timing of bringing various proposals and bids to the Committee and City Council. Director Thomas explained that it is important for the Public Works Department to have these approvals in place so that when Fiscal Year 2023 begins May 1, projects can begin immediately. The Committee discussed making an effort to keep the meetings to approximately one hour and agreed to focus on new business items. V. BUDGET / HIRING / INNOVATION UPDATES There was no discussion. VI. PUBLIC COMMENT There was no public comment. VII. NEXT MEETING – FEBRUARY 8, 2022 The Committee and City staff discussed scheduling the next meeting on February 8, 2022 at 4 P.M. Director Thomas explained that he would email the Committee the confirmed date and time. VIII. ADJOURNMENT Alderman Notz moved to adjourn the meeting of the Public Works Committee at 5:36 P.M. Alderman Karas seconded the motion, which carried unanimously. Respectfully submitted, Jim Lockefeer Jr. Assistant to the Director of Public Works NEW BUSINESS / ACTION ITEM: REVIEW AND RECOMMEND APPROVAL TO CITY COUNCIL THE COMPLETE STREETS POLICY COMPLETE STREETS POLICY •Complete Streets is a transportation approach that ensures all future street projects will consider the needs of all travelers, regardless of age, ability, or mode of transportation •Many municipalities, including our surrounding communities have adopted similar Complete Streets policies •Policy formalizes and outlines many practices that Public Works staff are already actively performing •Policy does not bind City to any specific funding commitments nor any significant changes to operations •Lake County Council of Mayors updated Surface Transportation Program (STP) project funding award methodology; now award significant points to project grant applications that have approved Complete Streets policies •Waukegan and Everett Intersection Improvements (Base Project) –STP funding secured •Waukegan and Everett Intersection Improvements (Additional Right Turn Lane) –STP application for funding to be submitted this Spring •Waukegan and Westleigh Intersection Improvements –STP application for funding to be submitted this Spring •Action requested: PW Committee recommends City Council approval of the Complete Streets Policy GENERAL POLICY STATEMENT Complete Streets are facilities designed, operated and maintained to further the goal of providing the opportunity for safe and welcoming passage for users of all ages and abilities, including pedestrians, cyclists, transit riders and motorists. This policy recognizes that some streets, depending on their classification and function are more appropriate for multi-modal means of transportation than others. The City of Lake Forest seeks to create a comprehensive, integrated, and connected transportation network by consciously planning, designing, operating and maintaining a network of Complete Streets. The City of Lake Forest shall evaluate all upcoming street infrastructure construction and maintenance projects to determine the feasibility and potential benefit of incorporating additional improvements, beyond those necessary to achieve the primary goal of the project, to support and encourage a variety of travel modes by users of all ages and abilities. To conduct this evaluation, the City of Lake Forest shall involve interdisciplinary experts including, but not limited to, City staff and consultants, and appropriate representatives from the State of Illinois, Lake County, Metra, and local school districts. On an ongoing basis, the City will consider updates and design enhancements to bicycle and pedestrian facilities to meet the best currently available standards and practices including, but not limited to, the American Association of State Highway Transportation Officials (AASHTO) Guide for the Development of Bicycle Facilities, the AASHTO Guide for the Planning, Design and Operation of Pedestrian Facilities, the AASHTO Green Book: A Policy on Geometric Design of Highways and Streets, the Federal Highway Administration (FHWA) Highway Capacity Manual (HCM), National Association of City Transportation Officials (NACTO). the FHWA Manual of Uniform Traffic Control Devices (MUTCD), and the Americans with Disabilities Act Accessibility Guidelines (ADAAG). Efforts will be made, on an ongoing basis, to achieve Complete Streets through network- level improvements, through integration into single location projects and incrementally through a series of small improvements or maintenance activities. Decisions regarding the Public Right-of-Way shall be made with a focus on promoting use by pedestrians, bicyclists, public transit and motor vehicles, in a safe and effective manner, taking into account the surrounding community context and land uses. The City shall strive to create a comprehensive, integrated and connected network of transportation options for all modes of conveyance, designed and operated to enable appropriate and safe and welcoming access for all users. POLICY IMPLEMENTATION The City shall implement a Complete Streets policy as follows: a. The City of Lake Forest will provide training opportunities to staff tasked with implementing the Complete Streets policy. b. Staff shall be directed to incorporate consideration of how best to achieve the goals of the Complete Streets Policy into work plans as a priority in roadway planning. c. To the extent that relevant roadways are under the jurisdiction of an agency other than the City (IDOT, Lake County or various surrounding municipalities), Staff shall encourage compliance with the City’s Complete Streets Policy to outside agencies and offer technical assistance to the extent accepted by the other agency. d. The City shall cooperate with neighboring jurisdictions to encourage connectivity with a specific emphasis on regional corridors. e. Staff shall prioritize, utilizing best practices, the safe movement of pedestrians, bicycle, and public transportation traffic in decisions regarding the use of Public Rights-of-Way with consideration given to roadway context and land use. f. Public Works Staff shall define standards to measure the progress of implementation of the Complete Streets Policy utilizing best practices. Such standards shall include, but not be limited to: improvements in safety for all roadway users; increased capacity for all modes of transportation, including public transit; modifications to traffic signals; new bicycle facilities and improvements to existing facilities (both on- and off-street with clearly marked or signed bicycle accommodations), an increase in bicycle parking; new sidewalks and improvements to existing sidewalks, curb ramps, marked street crossings and signage. Such measures shall be incorporated into relevant plans, manuals, policies, processes and programs when applicable. In addition, a checklist shall be developed to further support the implementation of this policy as a performance measurement tool. g. Staff shall review and revise, as appropriate, plans, manuals, policies, processes and programs to encourage the implementation of the Complete Streets Policy on roadways within the City, but not under the jurisdiction of the City, if some action is required by the City which offers the opportunity for input. These opportunities may include privately built roadways and projects on non-City-owned roadways funded in part or entirely by City funds. h. Staff shall apply the Complete Streets Policy in all instances when feasible. It is understood that there may be circumstances in which it may not be practical or feasible to apply the Complete Streets Policy. Such circumstances may include, but not be limited to, the following: i. The scope of the project is limited to maintenance activities intended to keep the roadway in serviceable condition. ii. There is sufficient documentation that there is no feasible way to safely or economically accommodate improvements for non-vehicular traffic within the project’s scope. iii. There is no documented, current or anticipated, need for accommodation of non-motorized roadway users, or the road is not a current or planned transit route. iv. The cost of accommodations for a particular mode based on professional judgment is excessively disproportionate to the need and potential benefit of a project. BENEFITS Complete Streets provide the following benefits: a. Increased Transportation Choices: Streets that provide travel choices can give people the option to avoid traffic congestion and increase the overall capacity of the transportation network. b. Improved Safety: Design and accommodation for bicyclists and pedestrians reduces the incidence of crashes. c. Quality of Place: Increased bicycling and walking are indicative of vibrant and livable communities. d. Economic Development: Complete streets can reduce transportation costs and travel time while increasing property values and job growth in communities. e. Improved Return on Infrastructure Investments: Integrating sidewalks, bike lanes, transit amenities, and safe crossings into the initial design of a project spares the expense of retrofits later. f. More Walking and Bicycling: Public health experts are encouraging walking and bicycling as a response to the obesity epidemic. Streets that provide room for bicycling and walking help people of all ages get physical activity and gain independence. POLICY The City’s Complete Streets policy requires: a. Evaluation of projects during budget programming and initial design for applicability of the Complete Streets Policy taking into consideration public safety, local support, environmental constraints, total available right‐of‐way, funding resources and bicycle and/or pedestrian compatibility. b. Utilizing the City’s 2013 Bicycle Master Plan, as amended, consider opportunities to address the need for bicyclists and pedestrians to cross corridors as well as travel along them. Even where bicyclists and pedestrians may not commonly use a particular travel corridor that is being improved or constructed, consider providing facilities for safe and convenient crossing of the travel corridor. The design of intersections shall accommodate bicyclists and pedestrians in a manner that is safe, accessible, and convenient to the extent possible. c. Make provisions for pedestrians and bicyclists when closing roads, bridges or sidewalks for construction projects. d. Consider connections for Safe Routes to Schools, pedestrian and bicycle path crossings, and connections in areas or serving population groups with limited transportation options. e. Comply with the Americans with Disabilities Act (ADA) and Public Rights of Way Accessibility Guidelines (PROWAG). f. Complement the context of the surrounding community. g. Identify all current and potential future sources of funding for street improvements. NEW BUSINESS / ACTION ITEM: REVIEW AND RECOMMEND APPROVAL TO CITY COUNCIL WAIVER OF BID REQUIREMENTS AND PURCHASE OF EPOXY FLOOR COATING MATERIAL EPOXY FLOOR COATING MATERIAL PURCHASE •FY22 Building Maintenance Operating Capital Budget –$57,000 •Recoating of epoxy for areas in the MS Main Garage, Sanitation Garage, and wash-bay •Original epoxy coat installed in 2009 to protect concrete floor; significant large areas of wear •Building Maintenance Section to complete work in-house •Requesting to waive bid process to purchase proven epoxy product directly from manufacturer •Building Maintenance has done this on a much smaller scale for other main garage areas •Significant challenge in finding an epoxy product that worked well in binding with the existing garage epoxy floor and hold up to the heavy equipment / chemicals / salt •Multiple epoxy products tested in a small areas; recommending the product that has worked the best •Action requested: PW Committee recommends City Council waive the bid process and approve of a purchase of epoxy floor materials with ICP Construction, Inc. in the amount of 56,787 NEW BUSINESS / ACTION ITEM: REVIEW AND RECOMMEND APPROVAL TO CITY COUNCIL AWARD OF BID FOR THE ANNUAL CONCRETE SIDEWALK, CURB, AND STREET REPAIR PROGRAM CONCRETE STREETS, CURB, AND SIDEWALK REPLACEMENT PROJECT •Annual project to address sidewalk trip-hazards, and deteriorating concrete streets and curb •Budget: •Curb and Sidewalk: $85,000 •Concrete Streets: $100,000 •Utilizing the low-bid contractor from the 2019 Municipal Partnering Initiative •Requesting Agreement Renewal with an increased unit price of 5.1% which is consistent with Consumer Price Index •Action requested: PW Committee recommends City Council award the lowest bid for the Concrete Streets, Curb, and Sidewalk Replacement Project to Schroeder & Schroeder, Inc., and Authorize the City Manager to Execute an Agreement in an Amount Not to Exceed $185,000 NEW BUSINESS / ACTION ITEM: REVIEW AND RECOMMEND APPROVAL TO CITY COUNCIL AWARD OF BID FOR THE DEERPATH WATERMAIN REPLACEMENT PROJECT (AHWAHNEE LN. TO GOLF LN.) DEERPATH ROAD WATERMAIN IMPROVEMENTS (CONSTRUCTION) •Priority project in 2021 Water Distribution Study •FY2023 Budget: $1,025,000. •Received Seven bids •Schedule Update: •Begin March 14th with potholing; utilizing ComEd Bridge closure of Deerpath •Project anticipated to be completed end of May •Majority is directionally bored which reduces traffic impacts •Requesting: •Advancement of $850,000 from the FY23 Water Fund •Any overage would be taken from Water Fund Reserves •Supplemental Appropriation Ordinance will be requested at end of Fiscal Year •Action requested: PW Committee recommends City Council award the low bid for the Deerpath Road Water Main Improvements to Joel Kennedy Constructing Corp., and Authorize the City Manager to Execute an Agreement in the Amount of $974,241 as well as Approving a 10% Contingency in the Amount of $97,424 for a Total Project Cost of $1,071,665 Contractor Firm Bid Amount Joel Kennedy Constructing Corp $974,241.00 Campanella & Sons, Inc.$1,053,006.08 Archon Construction Co Inc $1,053,500.00 Swallow Construction $1,110,949.00 DiMeo $1,117,615.00 A Lamp Concrete Contractors, Inc. $1,121,608.50 Bolder Contractors $1,181,045.00 NEW BUSINESS / ACTION ITEM: REVIEW AND RECOMMEND APPROVAL TO CITY COUNCIL OF AN EASEMENT AGREEMENT BETWEEN THE CITY OF LAKE FOREST AND THE PROPERTY OWNER OF 500 N. GOLF LANE FOR THE DEERPATH WATERMAIN REPLACEMENT PROJECT (AHWAHNEE LN. TO GOLF LN.) DEERPATH ROAD WATERMAIN IMPROVEMENTS (EASEMENT) •Only feasible watermain alignment is on north side of Deerpath Road •Equipment will utilize easement to install watermain under Skokie River •Allows inspection and maintenance access in future •Action requested: PW Committee recommends City Council Approval of an Easement Agreement between the City of Lake Forest and the Trust for 500 Golf Lane This instrument prepared by and after recording return to: City of Lake Forest Engineering Department 800 N. Field Drive Lake Forest, Illinois 60045 EASEMENT AGREEMENT THIS AGREEMENT, dated as of this _____ day of ________________, _____, by and between THE CITY OF LAKE FOREST, a special charter municipal corporation created and existing under the laws of the State of Illinois, 220 East Deerpath, Lake Forest, Illinois 60045 (“City”) and CHICAGO TITLE LAND TRUST COMPANY, as Trustee under the provisions of a Trust Agreement dated the 22nd day of August, 2019, known as Trust Number 8002381636, 500 North Golf Lane, Lake Forest, Illinois 60045 (“Owner”). RECITALS: A. Owner is the legal owner of record of certain real property situated in the City of Lake Forest, County of Lake, and State of Illinois, which real property is legally described in Exhibit A attached hereto and by this reference incorporated herein and made a part hereof (“Property”). B. In order to serve the City with an effective, and efficient source of potable water, the City owns and maintains a water main system to protect and enhance the public health, safety, and welfare. A portion of the water main system is planned to be located upon that part of the Reserved for Recorder’s Office Only 2 Property legally described in Exhibit B and depicted in Exhibit C attached hereto and by this reference incorporated herein and made a part hereof (the "Easement Premises"). C. The City desires to obtain an easement from Owner for use of the Easement Premises as set forth in this Agreement, and the Owner desires to grant such easement. NOW, THEREFORE, in consideration of the sum of Ten Dollars ($10.00) and the mutual covenants and agreements set forth herein and other good and valuable consideration paid by the City to Owner, the receipt and sufficiency of which are hereby acknowledged, the parties thereto mutually agree as follows: Section 1: Grants of Easement. A. Easement Premises. Owner hereby grants, conveys, warrants, and dedicates to the City, its successors and assigns, a perpetual non-exclusive easement and right of way to survey, construct, reconstruct, lay, use, own, operate, maintain, test, inspect, repair, replace, enlarge, renew, alter, remove, or abandon in place (collectively, “Installation”) water main system improvements of such size, material, nature, and number, and with such attachments, equipment, and appurtenances thereto as the City may deem necessary or desirable for its needs (collectively, “Utility Facilities”), which are subject to the terms and conditions herein set forth, in, upon, over, under, through, along, and across the Easement Premises, together with all reasonable rights of ingress and egress over, along, upon, and across the Easement Premises and any adjoining lands of Owner necessary for the exercise of the rights herein granted. Section 2: Installation. The City agrees that any Installation of the Utility Facilities shall be done and completed in a good and workmanlike manner, and Owner shall incur no individual expense for such Installation under this Agreement. Any such Installation shall be conducted in 3 the name of, or pursuant to contracts or agreements with, the City pursuant to plans approved by the City. Section 3: Restoration. Upon completion of any Installation activity on the Easement Premises by the City, its authorized agents, servants, employees, contractors, or persons acting pursuant to contracts or agreements with the City, the City agrees to (a) restore all roads, plantings, landscaping, and improvements as nearly as practicable to the condition immediately preceding the Installation if damaged or removed as a direct result of the Installation; and (b) replace any and all sod or any and all natural grass removed in connection with such Installation by seeding with a good quality seed. Section 4: Hold Harmless. The City agrees to save and hold Owner harmless from any and all claims for injury (including death) to persons (including the City's agents and employees) or damage to property (including the City's property) resulting from or arising in connection with the negligence of the City or its authorized agents, servants, employees, contractors, or persons acting pursuant to contracts or agreements with the City in the Installation of the Utility Facilities or the Easement Premises. Section 5: Reservation of Rights. Owner hereby reserves the right to use the Easement Premises and its adjacent property in any manner that will not prevent or interfere in any way with the exercise by the City of the rights granted hereunder; provided, however, that Owner shall not permanently or temporarily improve, disturb, damage, destroy, injure, or obstruct the Easement Premises, nor permit the Easement Premises to be permanently or temporarily improved, disturbed, damaged, destroyed, injured, or obstructed, at any time whatsoever, without the express prior written consent of the City. Owner shall have the right in the future to grant other non-exclusive easements over, along, upon, or 4 across the Easement Premises; provided, however, that any such other easements shall be subject to this Agreement and the rights granted hereby; and provided further, however, that the City shall have first consented in writing to the terms, nature, and location of any such other easements. Section 6: Further Assurances. Owner hereby represents and warrants that it shall take all necessary action so that the easements contemplated by this Agreement shall be released from all liens, including but not limited to, the lien of all mortgages, mechanics’ lien claims, security agreements, assignments of rents and leases, and shall execute all such documents as may be reasonably necessary to perfect the City’s right, title, and interest in the Easement Premises. Section 7: Remedies. It is agreed that the parties hereto may, in law or in equity, by suit, action, mandamus, or any other proceeding, including specific performance, enforce or compel the performance of this Agreement. Section 8: Covenants Running with the Land. The easements and rights granted in this Agreement, the restrictions imposed by this Agreement, and the agreements and covenants contained in this Agreement shall be easements, rights, restrictions, agreements, and covenants running with the land, shall be recorded against the Easement Premises and shall be binding upon and inure to the benefit of Owner and the City and their respective heirs, executors, administrators, grantees, successors, assigns, agents, licensees, invitees, and representatives, including, without limitation, all subsequent owners of the Easement Premises, or any portion thereof, and all persons claiming under them. If any of the easements, rights, restrictions, agreements, or covenants created by this Agreement would otherwise be unlawful or void for violation of (a) the rule against perpetuities or some analogous statutory provision, (b) the rule restricting restraints on alienation, or (c) any other statutory or common law rules imposing time limits, then such easements, rights, restrictions, agreements, or covenants shall continue only until 21 years after the death of the last 5 survivor of the now living lawful descendants of any now living current or former President of the United States. Section 9: Notices. All notices and other communications in connection with this Agreement shall be in writing and shall be deemed delivered to the addressee thereof (a) when delivered in person and receipted for on a business day at the address set forth below: (b) on the fifth business day after being deposited in any main or branch United States post office, for delivery by properly addressed, postage prepaid, certified or registered mail, return receipt requested, at the address listed below; (c) when delivered to the address listed below by any courier service. To Owner: CHICAGO TITLE LAND TRUST COMPANY, as Trustee under the provisions of a Trust Agreement dated the 22nd day of August, 2019, known as Trust Number 8002381636 500 North Golf Lane Lake Forest, Il 60045 With a copy to: To the City: The City of Lake Forest 800 N. Field Drive Lake Forest, Illinois 60045 Attention: City Engineer With a copy to: Ancel, Glink 140 S. Dearborn Street, 6th Floor Chicago IL 60603 Attention: Julie A. Tappendorf 6 By notice complying with the requirements of this Section, each party shall have the right to change the addressee, the address of 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. Section 10: Assignment of Rights. Owner agrees that the City may assign its rights or delegate its duties under this Agreement, in whole or in part, without the consent of Owner. Section 11: Amendment. This Agreement may be modified, amended, or annulled only by the written agreement of Owner and the City. Section 12: Survival. All representations and warranties contained herein shall survive the execution of this Agreement and the recordation thereof and shall not be merged. 7 IN WITNESS WHEREOF, the parties hereto have executed or have caused this instrument to be executed by their proper officers duly authorized to execute same. THE CITY OF LAKE FOREST Attest: ______________________________ _____________________________ OWNER: CHICAGO TITLE LAND TRUST COMPANY, as trustee under the provisions of a Trust Agreement dated the 22nd day of August, 2019, known as Trust Number 8002381636 By: _____________________________ Its: ______________________________ Date: ______________________________ # 645968_v3 8 STATE OF ILLINOIS ) ) SS COUNTY OF LAKE ) I, ________________________, a Notary Public in and for said County, in the State aforesaid, do hereby certify that ______________________, personally known to me to be the _________ of The City of Lake Forest, and __________________, personally known to me to be the ______________ of said City, and personally known to me to be the same persons whose names are subscribed to the foregoing instrument, appeared before me this day and acknowledged that as the __________________ and _________________ of the City, they signed and delivered said instrument as their free and voluntary act and as the free and voluntary act of the City for the uses and purposes therein set forth. Given under my hand and official seal this ______ day of ___________________, ______. ____________________________________ Notary Public My commission expires: ______________________________ (SEAL) 9 STATE OF ILLINOIS ) ) SS COUNTY OF LAKE ) I, ________________________, a Notary Public in and for said County, in the State aforesaid, do hereby certify that ________________________, personally known to me to be the same person whose names are subscribed to the foregoing instrument, appeared before me this day and acknowledged that they signed and delivered said instrument as their free and voluntary act for the uses and purposes therein set forth. Given under my hand and official seal this ______ day of ___________________, ______. ____________________________________ Notary Public My commission expires: ______________________________ (SEAL) EXHIBIT A LEGAL DESCRIPTION OF THE PROPERTY Lot 14 in Golf View according to the plat thereof recorded as Document No. 632199 on December 3, 1947, in the north east ¼ of Section 32, Township 44 North, Range 12 East of the 3rd Principal Meridian, City of Lake Forest, Lake County, Illinois. 11 EXHIBIT B LEGAL DESCRIPTION OF THE EASEMENT PREMISES Beginning at the southwest corner of Lot 14 in Golf View according to the plat thereof recorded as Document No. 632199 on December 3, 1947, in the north east ¼ of Section 32, Township 44 North, Range 12 East of the 3rd Principal Meridian, City of Lake Forest, Lake County, Illinois; thence northerly along the western property line to a point intersecting a line 20 feet north of and parallel to the south property line; thence east 120 feet along a line 20 feet north of and parallel to the south property line; thence south on a line perpendicular to the south property line 20 feet to a point on the south property line; thence westerly along the south property line to the point of beginning. ASSET, INFRASTRUCTURE, & SERVICE HIGHLIGHTS Operating Section Primary Service Description Streets Pavement Maintenance Asphalt, concrete repairs, sidewalks, signs, striping and litter collection Lighting:Electric & Gas Lights Maintenance of City electric street lights and intersection signalization JULIE Locates Locating underground utilities Gas Light Conversion Conversion of all City gas lights to LED technology (fixture & electrification) Sweeping Sweep City streets to reduce the debris blocking and entering the storm sewer system Sanitation Refuse Collection Bi-weekly; top of drive collection Recycling Once weekly, curbside collection Compost Center City operated for disposal of recyclables, yard waste, metal and electronics Yard Waste Bi-weekly; curbside collection Water & Sewer Sewer Maintenance Repairs, cleaning, catch basins/manholes and maintenance of sanitary and storm sewer system Water Meter Reading Meters are read monthly to collect regular billing data, identify unreasonably high or low water usage, or malfunctions with the meter Water Mains Maintenance of City's water mains, including valves, fire hydrants and taps JULIE Locates Locating underground utilities Water Plant Production Production of potable water (water reservoir and elevated tank), including IDNR and EPA record-keeping Equipment Maintenance Maintenance of pumps, valves, generators and sewer lift stations Fleet Equipment/ Vehicle Repair Maintenance of all City-owned vehicles/equipment, including improvements to new and existing equipment Capital Purchases Specifications/bidding of equipment needed for City Fleet Building Maintenance Capital Repairs Electrical, carpentry, plumbing and roof repairs for all City buildings, including planning and designing upgrades and replacements of facilities Janitorial Services Specifications, bidding and monitoring Engineering Permitting/Plan Review Review and issuance of permits and oversight of development plans Enforcement/ Inspection Field supervision of construction projects to include -asphalt, sidewalk, sewer and water mains Capital Improvement Project Specifications Provide design and specifications for all City infrastructure projects Environmental and Aesthetics Considerations When possible, with both capital projects and Department operations, consider environmental and aesthetic features based upon cost/benefit analysis All Sections Snow &Ice Control Plowing and treatment of all City streets, parking lots, sidewalks and public buildings ASSET, INFRASTRUCTURE, & SERVICE HIGHLIGHTS FY ’22 PROJECT ROADMAP STATUS CHART PROJECT ROADMAP –CAPITAL FUND Project Asset Category % Complete Notes Annual Pavement Resurfacing Program Road 100%Complete Annual Pavement Patching Program Road 100%Complete Waukegan & Westleigh Intersection Phase II Design Road 25%IDOT approved Phase I Design, Phase II internal kickoff meeting held, right of way acquisition process starting soon. Annual Concrete Sidewalks &Curbs Repairs Road & Sidewalk 100%Complete Illinois & Woodland Pedestrian Bridge Designs Bridge 100% FH Paschen approved at the 12/6 Council meeting. Woodland Bridge will be replaced during summer 2022 after LFHS is out, Illinois Bridge will be replaced in fall and not the spring due to long lead-times. Lake -Woodbine Bridge Reconstruction Design PH 1 Bridge 30% 2nd public information meeting at Gorton Community Center to be held on 2/16 followed by HPC on 3/16 for Certificate of Appropriateness. Seminary Ravine Study Ravine 100%Complete Ringwood Road S Ravine Project Ravine 100%Complete Property Condition Assessments Facility 100%Complete Dickinson Hall Exterior Tuck Pointing Facility 30%In progress: City Council approved contractor 9/20; tuck pointing to be completed in Spring. Capital Equipment -All Funds Capital Equipment 90% F.Y. 22 –90% of equipment received, in-service modifications are continuing and will continue into late fall/early winter. Majority of F.Y. 23 equipment ordered. Old Elm Parking Lot Parking Lot 95%Construction complete. Spring planting still to occur. Forest Park Bluff Slope Stabilization Forest Park Bluff 75%Design efforts 75% complete; confirming design assumptions post snow melt and springtime rains prior to design finalization. Annual Storm Sewer Lining Program Storm Sewer 100%Complete PROJECT ROADMAP –WATER FUND Project Asset Category % Complete Notes Water Distribution Pressure Sensors Water 40% City Council approved bid on 12/6. Approved contractor submittals sent to project engineer for review; project materials order have been placed. Installation to occur spring of 2022. Water Valve Replacements Water 25%Supply chain issues in receiving the valves; work pushed to spring of 2022. Water Plant 42" and 24" Intake Line Cleaning Water 100%Completed Deerpath Watermain Design (Ahwahnee-Golf) Water 100%Bids opened on 1/20 Spruce Lift Station Pump Overhaul Sanitary 0%Staff to place project out to bid by the end of January. Annual Sanitary Sewer Lining Program Sanitary 100%Complete BUDGET / HIRING / INNOVATION UPDATES PUBLIC COMMENT NEXT MEETING FEBRUARY 17, 2022 – 4PM ZOOM ADJOURNMENT