Loading...
CITY COUNCIL 01/18/2022THE CITY OF LAKE FOREST CITY COUNCIL AGENDA Tuesday, January 18, 2022 Immediately following the Finance Committee meeting at 6:30pm. 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 Access Link https://us02web.zoom.us/j/88474385325?pwd=bXEvTFZORFpwZktGK2cvaWQxRmk1dz09 Webinar ID: 884 7438 5325 Passcode: 1861 CALL TO ORDER AND ROLL CALL immediately following Finance Committee at 6:30 p.m. 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 PLEDGE OF ALLEGIANCE REPORTS OF CITY OFFICERS 1. COMMENTS BY MAYOR A. 2022-2023 Board and Commission Appointments and Reappointment’s HISTORIC PRESERVATION COMMISSION NAME OF MEMBER APPOINT/REAPPOINT WARD Geoffrey Hanson APPOINT 2 1 Tuesday, January 18, 2022 City Council Agenda A copy of the volunteer profile sheet can be found on page 14 COUNCIL ACTION: Approve the Mayor’s 2022-2023 Board and Commission Appointments and Reappointment’s 2. COMMENTS BY CITY MANAGER A. Community Spotlight Northwestern Lake Forest Hospital - Thomas McAfee, Senior Vice President, NorthwesternMemorial HealthCare & President, North and Northwest Regions, and - Seamus Collins, Vice President of Operations, Northwestern Lake Forest Hospital 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 PUBLIC WORKS COMMITTEE 1. Deerpath Streetscape Overview -Jim Lockefeer, Assistant to the Direct of Public Works 5. ITEMS FOR OMNIBUS VOTE CONSIDERATION 1. Approval of December 6, 2021, City Council Meeting Minutes A copy of the minutes can be found beginning on page 15 COUNCIL ACTION: Approval of December 6, 2021, City Council Meeting Minutes 2. Approval of the Check Register for the Period of November 27 – December 31, 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 2 Tuesday, January 18, 2022 City Council Agenda 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 November 27 - December 31, 2021 Fund Invoice Payroll Total 101 General 588,835 1,707,493 2,296,328 501 Water & Sewer 2,151,649 220,396 2,372,045 220 Parks & Recreation 168,611 436,017 604,628 311 Capital Improvements 155,633 0 155,633 202 Motor Fuel Tax 4,326 0 4,326 230 Cemetery 28,726 40,644 69,371 210 Senior Resources 10,105 30,596 40,701 510 Deerpath Golf Course 111,597 3,179 114,776 601 Fleet 89,043 65,286 154,329 416 - 433 Debt Funds 2,488,893 0 2,488,893 248 Housing Trust 4,225 0 4,225 201 Park & Public Land 103,055 0 103,055 All other Funds 919,171 177,032 1,096,203 $6,823,869 $2,680,643 $9,504,512 The invoice total is higher this month due to $4.6 million in debt service principal and interest payments due in December. The total labeled “All other Funds” includes $754,604 in payments associated with the Medical/Dental Insurance Fund. COUNCIL ACTION: Approval of the Check Register for the Period of November 27 to December 31, 2021. 3. Award of Bid for a Three-Year Elevator Maintenance Agreement to American Hoist & Manlift in the Amount of $38,880 STAFF CONTACT: Jim Lockefeer, Assistant to the Director of Public Works (810-3542) PURPOSE AND ACTION REQUESTED: The Public Works Committee and City staff requests City Council award of bid for a three-year elevator maintenance agreement to American Hoist & Manlift in the amount of $38,880. BACKGROUND/DISCUSSION: The City’s elevator maintenance program includes monthly service and inspections to six elevators at five City facilities. These monthly services include examination, adjustment, lubrication, and if the conditions warrant, repair and replacement of numerous elevator components. Also included within these services is all necessary safety testing. 3 Tuesday, January 18, 2022 City Council Agenda The City’s last three-year agreement that spanned from 2018 – 2021 was awarded by City Council to American Hoist & Manlift via a Municipal Partnership Initiative (MPI) bid process. MPI is a program that takes advantage of economies of scale by securing low bid prices among neighboring municipalities who bid similar projects each year. PROJECT REVIEW/RECOMMENDATIONS: Reviewed Date Comments Public Works Committee 1/10/22 Reviewed and Recommended Contract Approval BUDGET/FISCAL IMPACT: On Monday, March 29, 2021, the Village of Buffalo Grove initiated a joint public bidding process via the Municipal Partnership Initiative for elevator maintenance program services. Participating communities at this time included the Villages of Libertyville and Winnetka. On April 7, 2021, the MPI public bid process closed and in total, three firms submitted bids as outlined below. Firm Buffalo Grove Annual Bid Total Libertyville Annual Bid Total Winnetka Annual Bid Total American Hoist & Manlift $7,728 $20,358 $1,932 Total Elevator Service $8,016 $18,636 $2,004 Mid-American Elevators Co, Inc. $13,200 $29,700 $3,300 At the time of the bid posting, Lake Forest did not participate as the City was still was under contract for elevator services. As with many MPI bid processes, other municipalities may join into existing bid opportunities to take advantage of already secured pricing. A review of the MPI bid tab revealed that the City had comparable elevator units to both Buffalo Grove and Winnetka. The reason for the slight difference in pricing with Libertyville’s bid was due to some unique elevator makes that were installed at some of their facilities. Has City staff obtained competitive pricing for proposed goods/services? Yes Company Name Year-One Bid Year-Two Bid Year-Three Bid Three-Year Bid Total American Hoist & Manlift $12,600 $12,960 $13,320 $38,880 American Hoist & Manlift has considerable experience with servicing elevators. Over the course of the last three-year elevator service agreement, City staff had a very positive experience working with American Hoist & Manlift. Staff also connected with representatives from both Buffalo Grove and Winnetka who shared similar positive work experiences. In comparing pricing from the 2018 – 2021 elevator maintenance agreement, staff also found that American Hoist & Manlift held their same pricing for all the elevators identified within the 2018 – 2021 agreement. Below is an estimated summary of Project budget: 4 Tuesday, January 18, 2022 City Council Agenda FY2022 - 23 Funding Source Amount Budgeted Amount Requested Budgeted? Y/N Operating Budget Multiple Accounts $38,880 $38,880 Y If awarded American Hoist & Manlift would begin monthly inspections immediately. COUNCIL ACTION: Award of Bid for a Three-Year Elevator Maintenance Agreement to American Hoist & Manlift in the Amount of $38,880 4. Approval 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 STAFF CONTACT: Byron Kutz, P.E., Superintendent of Engineering (810-3555) PURPOSE AND ACTION REQUESTED: The Public Works Committee and City staff are requesting approval of an agreement with Wiss, Janney, Elstner Associates, Inc. (WJE hereafter) to provide structural engineering construction assistance services for both the Illinois and Woodland Pedestrian Bridge Replacements in an amount not to exceed $39,880. In addition, authorization for the City Manager to Execute the Agreement. BACKGROUND/DISCUSSION: The Illinois pedestrian bridge was installed in 1994; the Woodland bridge in 1995. Both bridges carry pedestrian and bicycle traffic along the Robert McClory bike path, west of McKinley Road, and are rated with a five-ton limit. Both bridges are prefabricated steel pony truss bridges with concrete decks. They both have required significant repairs over the past ten years and are considered a “high-priority” in the 2020 Bridge Inspection Report due to their poor superstructures. Specifically, the corrosion of their floor end beams and bottom chord segments has reduced each structure’s capacity, reducing their full design load. Construction is planned so that both bridges are not out of service at the same time. The Illinois bridge which initially was intended for spring 2022 construction is now tentatively planned to begin fall 2022 due to the long lead-times for steel, while the Woodland bridge is still scheduled during the summer of 2022 to mitigate traffic impacts with the high school. WJE will provide structural engineering services including detailed inspections, review and approval of shop drawings and submittals, periodic site visits, and responding to the contractor’s requests for additional information. City Engineering staff will work with the Communications Manager to ensure progress updates are provided weekly to the public. PROJECT REVIEW/RECOMMENDATIONS: Reviewed Date Comments Public Works Committee 1/10/2022 Reviewed & Recommended City Council Approval of Construction Assistance Services City Council 12/6/2021 Approved Construction Contract to Replace both Illinois and Woodland Bridges 5 Tuesday, January 18, 2022 City Council Agenda Public Works Committee 11/22/2021 Reviewed & Recommended City Council Approval of Construction Contract Finance Committee 11/8/2021 Included with FY ’23 Capital Plan Finance Committee 11/9/2020 Reviewed Findings of 2020 Bridge Inspection Report BUDGET/FISCAL IMPACT: The Engineering Section solicited Request for Proposals (RFP) from professional engineering firms to perform construction assistance services. Six firms acquired the RFP package and three submitted proposals. The proposals were reviewed by a committee of staff members. The proposal from WJE best fit the needs of the City for providing these construction assistance services. Alfred Benesch & Company, while having the lowest cost proposal, did not account for sufficient hours to provide periodic inspection of both bridges. WJE has been used by the City on multiple occasions. WJE is the structural engineer that designed this project which gives them a good understanding of the scope and constraints. WJE has been consulted previously for bridge design and construction inspection, and completed the 2020 Bridge Analysis Study. Has City staff obtained competitive pricing for proposed goods/services? Yes The following is a summary of the three proposals received: Company Name Proposal Amount Alfred Benesch & Company $20,000 Wiss, Janney, Elstner Associates, Inc. $39,880 Ciorba Group $51,830 Below is an estimated summary of project budget: FY 2023 Funding Source Amount Budgeted Amount Requested Budgeted Y/N Illinois Bridge 311-5103-467-67-23 $17,000 $19,940 Y Woodland Bridge 311-5103-467-67-23 $17,826 $19,940 Y The additional required funds of $5,054, if needed, will be utilized from the 10% construction contingency. COUNCIL ACTION: Approval 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 5. Approval of a Recommendation from the Public Works Committee to 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 6 Tuesday, January 18, 2022 City Council Agenda STAFF CONTACT: Jim Lockefeer, Assistant to the Direct of Public Works (810-3542) PURPOSE AND ACTION REQUESTED: The Public Works Committee and City staff requests City Council award of 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. In addition, The Public Works Committee and City staff requests the advancement of Fiscal Year 2023 Capital Improvement project funding in the amount of $55,000 to begin Phase II Design immediately. BACKGROUND/DISCUSSION: The Deerpath Streetscape Project limits are Deerpath from Oakwood Avenue to the Metra right-of way just east of Western Avenue. This area serves as the entry way into the City’s downtown and historic central business district. Preliminary conceptual planning of this Deerpath Streetscape Project began in 2016. Over the course of two years, initial project concepts were developed by the City’s Civic Beautification Committee. In 2018, these concepts were formally documented by the Civic Beautification Committee through a Project Conceptual Plan. Following the completion of the Conceptual Plan, discussions transitioned to project funding of design and construction. In early 2019, the Public Works Committee discussed seeking and utilizing outside funding to support the overall cost of the project. Ultimately, the Public Works Committee supported submitting the project through the Illinois Department of Transportation’s (IDOT) Illinois Transportation Enhancement Program (ITEP) to seek grant funds. ITEP requires that both federal and IDOT requirements be adhered to in moving forward with project design which includes a two phased design approach. In August of 2019, City Council approved of staff’s recommended Phase I Design team of Gewalt Hamilton Associates and Craig Bergmann Landscape Design via a RFQ process. A few weeks later, the City Manager formed a Deerpath Streetscape Adhoc Advisory Committee to guide the Phase I Design process comprised of representatives from City Council, four City Boards and Commissions, business and property owners, the Chamber of Commerce, and the Lake Forest Preservation Foundation. The Committee led a citywide public engagement effort. The committee also met numerous times to review all public comment received on the project to form a Committee Project Recommendation Report. In September of 2020, the Committee finalized their Recommendation Report. The Deerpath Streetscape Committee Recommendation Report provided detailed information in regards to the Committee’s purpose and process, existing project area conditions, concepts explored, and action steps and recommendations. Recommendations included renewal of infrastructure, increasing plantings and the planting of trees, improving pedestrian safety, incorporation of green infrastructure, maintaining and enhancing the pedestrian experience, retention of the parallel parking on both sides of the street, highlighting historic building architecture and storefront windows, maintaining Deerpath as a primary vehicle thoroughfare to and through the Central Business District, and adding seasonal color to the streetscape. All recommendations provided by the Committee were incorporated into the project consultant team’s Phase I Design plan and illustrations. The design plan and all illustrations were included in the Committee’s approved Recommendation Report. At the end of October of 2020, the City’s Phase I Design consultant team submitted required Phase I Design documentation to IDOT and City staff submitted a project ITEP application seeking Phase II Design and construction funding. In June of 2021, the City received notification from IDOT that the project was unsuccessful in receiving an ITEP award. In an effort to better understand the how the City’s application was graded by ITEP representatives, City 7 Tuesday, January 18, 2022 City Council Agenda staff and the City’s grant consulting firm, The Ferguson Group (TFG), met with the ITEP Program Manager. While the City’s application was unsuccessful, the feedback received on how the application was scored was encouraging. The City’s application was only a few points away from receiving funding. It was also understood that the City could have received additional points in ITEP’s project readiness category had the City locally funded Phase II Design. Following this application review meeting with the ITEP Program Manager, City staff recommended moving forward with funding Phase II locally and the submission of an ITEP project application for project construction during the next ITEP funding cycle to be announced during the Fall of 2022. Project Phase II engineering design and landscape design services include ensuring that the design, design process, and all project submittals are in accordance with IDOT required project phasing specifications. Specifically, services include project coordination with both internal and external stakeholders, utility verification, any land and/or easement acquisitions, grant application assistance, and the development of final design, landscape plans, renderings, and cost estimates. PROJECT REVIEW/RECOMMENDATIONS: Reviewed Date Comments Public Works Committee 1/10/22 Reviewed and Recommended City Council Approval of Phase II Design Agreement Finance Committee 11/8/21 Reviewed Staff Recommended Funding for Phase II Design Historic Preservation Commission 9/14/20 Approved Certificate of Appropriateness Deerpath Streetscape Committee 9/3/20 Approved Project Recommendation Report City Council 8/5/19 Approval of Phase I Design Agreements Public Works Committee 7/23/19 Reviewed and Recommended City Council Approval of Phase I Design Agreements Public Works Committee 4/4/19 Discussion of Project Funding Approach Civic Beautification Committee 11/14/18 Reviewed and Supported Deerpath Streetscape Conceptual Plan Public Works Committee 6/15/17 Discussion of Project Need BUDGET/FISCAL IMPACT: On December 14, 2021, City staff initiated a public request for proposal (“RFP”) process to seek engineering and landscape design services for Deerpath Streetscape Phase II Design. On January 4, 2021 the RFP closed and in total, two proposals were received as outlined below. Has City staff obtained competitive pricing for proposed goods/services? Yes Engineering Company Name (Supporting Landscaping Firm) Dollar Amount Proposal 8 Tuesday, January 18, 2022 City Council Agenda Thomas Engineering Group (The Lakota Group) $372,758 Gewalt Hamilton Associates (Craig Bergmann Landscape Design) $392,534 Similar to all RFP’s submitted for services, City staff formed an internal RFP Review Committee to score and rank each firm’s qualifications, design approach, and detailed cost proposal. Based on this criteria, the RFP Review Committee unanimously recommended awarding this project to Thomas Engineering Group and The Lakota Group. In addition to submitting the overall lowest cost proposal, Thomas Engineering Group and The Lakota Group have extensive streetscape design experience. Most notably, the team performed Phase I and Phase II design services for the Village of Oak Park Lake Street Streetscape Project. This work won multiple awards from several professional associations, including the American Council of Engineering Companies (ACEC), American Society of Civil Engineers (ASCE) and American Public Works Association. Below is an estimated summary of Project budget: FY2023 Funding Source Amount Budgeted Amount Requested Budgeted? Y/N Capital Improvement Fund $415,000 $410,033 Y If awarded, most of the Phase II Design services for this project will begin May of 2022. Staff anticipates Phase II Design to be well underway at the time the City’s ITEP application for project construction is due during the Fall of 2022 to demonstrate further project readiness. It was outlined in the RFP that funding for Phase II Design would not be available until May 1, 2022 (start of Fiscal Year 2023). As part of the RFP process firms were required to submit a detailed project schedule. Firms were also encouraged to consider and identify Phase II Design scope of work efforts that would help expediate the overall project timeline if City Council were to approve the advancement of Fiscal Year 2023 Capital Improvement project funding. Thomas Engineering Group and The Lakota Group recommended $55,000 be advanced to begin their efforts on the development of prefinal design plans. This advancement will also include services to further investigate vaulted sidewalks on Deerpath which will have impacts on the development of the design. The advancement of these funds will support the Thomas Engineering Group and The Lakota Group team having the project prefinal plans completed and sent to IDOT prior to the submission of the City’s ITEP grant application. Having this task accomplished will significantly support the City’s ITEP project application project readiness score. If necessary, a supplemental appropriation ordinance will be submitted for City Council approval at the end of the fiscal year. Lastly, a 10% contingency is recommended due to the overall scale of this project and the many underground utility conflicts that will be further identified as part of the Phase II Design. COUNCIL ACTION: Approval of a Recommendation from the Public Works Committee to 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 COUNCIL ACTION: Approval of the five (5) omnibus items as presented. 9 Tuesday, January 18, 2022 City Council Agenda 6. OLD BUSINESS 7. NEW BUSINESS 1. Approval of a loan agreement between The City of Lake Forest and The American Legion McKinlock Post 264, in the Amount of $37,500.00. PRESENTED BY: Joe Mobile, Superintendent of Recreation (847-810-3941) PURPOSE AND ACTION REQUESTED: Staff requests the approval of a loan agreement with the American Legion McKinlock Post 264 to be used to secure the granite for the Veterans Memorial/Monument at Veterans Park. BACKGROUND/DISCUSSION: Veterans Park is a 1.3 acre park located at the intersection of Deerpath and Green Bay Road. The general construction for redesign of the park began this past September with a tentative completion date by Memorial Day 2022. As part of the tribute to our fallen Veterans, The City of Lake Forest has partnered with the American Legion McKinlock Post 264 to enhance the park with a Veterans memorial/monument feature. The memorial/monument will become the focal point of the park as it will be placed in the center of the property. The memorial/monument will allow families and friends of Lake Forest Veterans a place where they can come and reflect or pay tribute honoring our Veterans. The community currently doesn’t have a true Veterans memorial so the addition of the memorial/monument feature to Veterans Park will provide families of our veterans a place to call home. The cost of the design and construction of the memorial/monument is not included in the approved costs of the overall project and will be funded through donations raised by the American Legion McKinlock Post 264. The American Legion has begun the design of the memorial/monument and has been given a price of approximately $300,000.00. The American Legion needs to advance 50% of that cost ($150,000.00) to secure the granite needed for the monument. The Legion plans to embark on a community fundraising campaign to raise the full $300,000.00 but have not yet begun that effort and do not currently have $150,000.00 available to finance the full down payment needed for the granite. The Legion and the Lake Forest Day Foundation together have 75% of that amount available but are asking the City to provide a short-term loan for the remaining $37,500. The loan will be paid back in full to the City of Lake Forest by the end of calendar year 2023. BUDGET/FISCAL IMPACT: The interest free loan will be in the amount of $37,500. The American Legion will pay off the total balance of the loan by the end of calendar year 2023. The loan will be made from the City Council Contingency. Below is an estimated summary of Project budget: FY2022 Funding Source Amount Budgeted Amount Requested Budgeted? Y/N City Council Contingency 101-1101-484-8495 $110,000 $37,500 Y 10 Tuesday, January 18, 2022 City Council Agenda COUNCIL ACTION: Approval of a loan agreement (page 21) between The City of Lake Forest and The American Legion McKinlock Post 264, in the Amount of $37,500.00. 8. ADDITIONAL ITEMS FOR DISCUSSION/ COMMENTS BY COUNCIL MEMBERS 9. ADJOURNMENT A copy of the Decision Making Parameters is included beginning on page 12 of this packet. An instruction guide on how to participate at a City Council meeting is included beginning on page 13. Office of the City Manager January 12, 2022 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. 11 ^Qtu^^ C^'NA<WA£BT-<^ ^.Scie^^t^wS^'X. §.. ^..,,.e-..^ f-l&ff"^ 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. 12 CITY COUNCIL – REMOTE ACCESS MEETING GUIDE Rules:  An online guide to using Zoom is available here  Participants can join using the Zoom application, using the call in number located at the top of the agenda, or can stream the meeting live via YouTube.  All Participants should use their real name (first and last) to identify themselves in the meeting. Public Participation:  Please wait to be recognized by a staff member, and the Mayor prior to making your comment.  If you would like to address your public comment to the City Council live, you can use one of two options o The Raise hand function via the zoom application.  If you are using the raise hand function, wait to be promoted to turn on your microphone to make a comment. There is a slight delay after you are promoted. You can then unmute yourself and address your comments to the City Council. o Calling the public comment line at 847-810-3643  If you are calling the public comment line, be sure to step away from your computer or TV, where you are watching the meeting, to avoid feedback. Device Audio Connection Ideal Zoom app on a desktop or Laptop A headset with microphone Wired connection via Ethernet Better Zoom app on a mobile phone or tablet A headset (using built-in microphone) Using a phone to dial in Connected Wirelessly via WiFi Okay Calling into conference line (without Zoom app) Computer speakers (using built-in microphone) Speakerphone on phone Connected via 4G / LTE (cellular data) Using a phone to dial in Tips Make sure your device is fully charged and you have access to Zoom on your device When Participating, pick a quite space to avoid any background noise If you have to use WiFi, try to pick a workspace close to your router. 13 11/29/21,10:28First Name:Last Name:E-mail:Title:Organization:Address:Address Line 2:City:State:Zip:Mobile Phone:Home Phone:Notes:PMContact InfoGeoffreyHansonghanson@umich.eduOwner and General Manager754 Longwood DriveLake ForestIL60045Resident Data/StatsWard: Ward 2Precinct:US Citizen: YesRegistered Voter: YesLake Forest Resident since(YYYY): 2012Mead Johnson NutritionConsumer GoodsBusiness Name:Type of Business:Business Phone:Position: Associate Marketing Director, U.S. EnfamilBusinessDate of Birth (Optional): 12/11/1979Education: MBA, KeLlogg School of Management,Northwestern UniversityBachelor of Business Administration, University ofMichigan Ross School of BusinessSpouse's Name: KateChildren's Birth Years:Volunteer List | Lake Forest CaucusInterest in Community PositionsMayor:Alderman:#67 School Board:#115 School Board:Caucus Committee:Audit Committee:Board of Fire & Police Commissioners:Building Review Board (BRB):Cemetery Commission:Committee Representing Our Young Adults (CROYA):Construction Codes Commission:Elawa Farm Commission:No Interest at this timeNo Interest at this timeI am currently applying / Consider me for this position in the futureI am currently applying / Consider me for this position in the futureI currently hold this office /1 have held this office in the pastNo Interest at this timeNo Interest at this timeI am currently applying/ Consider me for this position in the futureI am currently applying / Consider me for this position in the futureNo Interest at this timeNo Interest at this timeNo Interest at this timeFireman's Pension Fund - Board of Trustees:Gorton Community Center Board of Directors:No Interest at this timeNo Interest at this timeHistoric Preservation Commission:Legal Committee:Library Board:Park & Recreation Board:Planning Commission Labels:Police Pension Fund - Board of Trustees:Senior Resources Commission:Zoning Board of Appeals (ZBA):Other Positions:I am currently applying / Consider me for this position in the futureNo Interest at this timeI am currently applying / Consider me for this position in the futureI am currently applying / Consider me for this position in the futureNo Interest at this timeNo Interest at this timeNo Interest at this timeI am currently applying / Consider me for this position in the futureOther ConsiderationsPlease list any regular commitments or travel that would interfere with your attendance at scheduledmeetings:Occasional business travel all of which I can schedule.Please list any current or previous community service activites, interests, directorships, etc. - public orprivate. For each activity please indicate years served and positions held:Lake Forest Caucus - Ward 2 Chair, 2019-2020; member 2016-2019LFHS Dist 115 Facility Master Plan Committee (March 2019 - July 2020)Please list other activities, specialized skills, knowledge, or professional experience that would contributeto your effectiveness in the position(s) for which you are applying or expressing possible future interest:I have a marketing background, with experience in identifying and delivering againstconsumer/customer needs, messaging/positioning, advertising, and new product innovation. I alsohave extensive experience in Leading large groups of diverse teams, data analysis, and developingstrategic plans. I currently own my own business, so I can consider available data and make decisionsquickly. Strong communication skills, and a proven collaborator.References (Optional):Melanie Rummel Mike Simeck, Sheila Henretta, Josh Jackson, Joe Pasquesi, Pete Ctemens, Ted Notz.Please state briefly why you are volunteering to serve The City of Lake Forest:Lake Forest has a rich history of civic involvement. It's also a terrific place to raise a family. I'd like toplay a role in continuing this tradition of service to enhance this special community.Please list any interests or activities that could lead to, or BE PERCEIVED as, a conflict of interest if youbecome a candidate or appointee.:My wife is a full-time teacher for Lake Forest SD 67 (Everett Elementary). From a business standpoint, Ioperate exclusively within Cook County, resulting in very tittle (or zero) potential conflicts of interest inLake Forest.https://www.lakeforestcaucus.com/profile/list/user/4329/1/214 The City of Lake Forest CITY COUNCIL MEETING Proceedings of the Monday, December 6, 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 City Clerk Margaret Boyer called the roll of Council members. Present: Honorable Mayor Pandaleon, Alderman Morris, Alderman Karras, Alderman Rummel, Alderman Notz, Alderman Preschlack, Alderman Goshgarian, Alderman Buschmann and Alderman Weber. Absent: none 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 December 6, 2021 City Council meeting is being held remotely. A. Swearing in of Firefighter Paramedic Katy LaCivita - Pete Siebert, Fire Chief Fire Chief, Pete Siebert, displayed a brief video of the swearing in on Firefighter Paramedic, Katy LaCivita. The City Council congratulated Ms. LaCivita on her new position with the Fire Department. B. The Dialogue “How Well Do You Know Lake Forest” Contest Winners Mayor Pandaleon provided a brief background on the Dialogue redesign, including the contest “How Well Do You Know Lake Forest”. Terry Mueller was announced as the winner of the contest. Alderman Karras provided an update regarding Marketing Committee initiatives including the Saturday Market, and the Lake Forest Love Blog. Alderman Karas stated the dates for the Saturday Market would be Saturday, December 11, 2021, and Saturday, December 18, 2021, from 12-4pm. The City Council thanked Alderman Karras and the Marketing Committee for their work on these new initiatives in the City. COMMENTS BY CITY MANAGER A. Municipal Innovation Award Recognition for Lake Forest Now Mobile Application - Jim Shaw, Director of Innovation & Technology 15 Proceedings of the Monday, December 6, 2021 Regular City Council Meeting City Manager, Jason Wicha, stated he was pleased to announce that the City received the Municipal Innovation Award for its Lake Forest Now app. Mr. Wicha introduced Jim Shaw, Director of Information & Technology to provide additional information about the app. Mr. Shaw provided detailed background regarding upcoming projects including the parking availability project, and automated sports cameras, and a refresh of the look and feel of the app. OPPORTUNITY FOR CITIZENS TO ADDRESS THE CITY COUNCIL ON NON-AGENDA ITEMS Members of the public can provide public comment by calling into the following number during the meeting: 847-810-3643 Lake Forest High School Students, Scott Simon, Guido Marini and Renzo Miyuki offered comments to the City Council asking the Council to consider a banning the sale of electronic smoking devices and products. COMMITTEE REPORTS FINANCE COMMITTEE 1. Gorton Community Center 2022 Budget Presentation Mayor Pandaleon introduced Jack Westerman, Board Chair, Nick Bothfeld, Finance Chair, and Amy Wagliardo, Executive Director, to present the 2022 Gorton Center budget. Mr. Westerman gave a brief outline of the budget presentation and what it would entail, including highlights from 2021, and the preparation process of the annual budget. Ms. Wagliardo provided an in-depth presentation, explained the adjustments Gorton Center made to adapt to COVID-19 protocols, including the style of their events, the children’s center, and new programs being offered. The City Council asked additional clarifying questions regarding the Children’s Learning Center. Additionally, the City Council thanked the leadership team at Gorton for their work. COUNCIL ACTION: It is recommended that the City Council approve the Gorton Community Center 2022 Budget. Alderman Rummel made a motion to approve the Gorton Community Center 2022 Budget, seconded by Alderman Morris. The following voted “Aye”: Alderman Morris, Karras, Rummel, Notz, Preschlack, Goshgarian, Buschmann and Weber. The following voted “Nay”: None. 8-Ayes, 0 Nays, motion carried. 2. Consideration of an Ordinance Establishing the 2021 Tax Levy (Final Reading) Finance Director, Elizabeth Holleb, presented the annual tax levy, stating that this is the fifth meeting the Council has seen this item. Ms. Holleb further explained the proposed tax levy for 2021 which includes the tax levy limitations under the tax cap, the tax levy distributed by fund without new growth and allowances distributed, the tax levy by fund with new growth and allowances distributed, and an explanation of the tax increase to an average homeowner. COUNCIL ACTION: Grant final reading of an Ordinance Establishing the 2021 Tax Levy Alderman Notz made a motion to approve an Ordinance establishing the 2021 Tax Levy, seconded by Alderman Weber. The following voted “Aye”: Alderman Morris, Karras, Rummel, Notz, Preschlack, Goshgarian, Buschmann and Weber. The following voted “Nay”: None. 8-Ayes, 0 Nays, motion carried. 16 Proceedings of the Monday, December 6, 2021 Regular City Council Meeting PUBLIC WORKS COMMITTEE 1. Update on the Following Items from the Public Works Committee. (Actions will take place under the Omnibus portion of this Agenda) a) Woodland Pedestrian Bridge Replacements, Award of Bid Director of Public Works, Michael Thomas, provided background regarding the pedestrian bridge replacements, which is an item for omnibus vote consideration. Mr. Thomas gave a detailed background, stating that the Illinois pedestrian bridge was installed in 1994 and the Woodland bridge in 1995. Both are considered high priority but will not be under construction at the same time. Mr. Thomas provided further background regarding the Contractors that placed a bid on the projects. The City Council asked clarifying questions regarding detoured traffic. b) The Burr Oak Storm Sewer Project, IGA Superintendent of Engineering, Byron Kutz, provided an update regarding the Burr Oak Storm Sewer project. He provided a brief background on the grant status to complete the project and the various agreements included in the timeline and completion of the project, including the Stormwater Management Commission (SMC), and the Department of Commerce and Economic Opportunity (DCEO). The City Council asked clarifying questions regarding the approval process and timeline with other agencies included. c) The City’s Water Distribution System Monitoring Project Superintendent of Public Works, Dan Martin, provided background on the 2021 Water Distribution and Monitoring process. He stated that this program was implemented to maintain proper pressure in water mains, and to prevent multiple water main breaks from happening simultaneously. Mr. Martin provided additional information regarding new locations that are recommended to be implemented, to improve the success of the program. The City Council thanked staff for the improvements to this program, to avoid water main breaks in the future. ITEMS FOR OMNIBUS VOTE CONSIDERATION 1. Approval of November 15, 2021, City Council Meeting Minutes 2. Approval of July 27, 2021, SPECIAL City Council Workshop Minutes 3. Approval of August 23, 2021, SPECIAL City Council Meeting Minutes 4. Approval of the Check Register for the Period of October 23 to November 26, 2021 5. Approval of Ordinances Abating 2021 Tax Levies for Various G.O. Alternate Revenue Bond Issues (Final Reading) 6. Grant final approval of an Ordinance approving a fee schedule and an Ordinance adopting new fees related to development activity. 17 Proceedings of the Monday, December 6, 2021 Regular City Council Meeting 7. Consideration of a Request to Waive the Fidelity Bond Requirement in Connection with Lake Forest College Holding a Raffle in The City of Lake Forest. (Approval by Motion) 8. Approval to Extend the City’s Grant Services Agreement with The Ferguson Group for Grant Research/Writing Services for 2022 9. Approval of Health Insurance Contract Renewals for Calendar Year 2022 10. Award of the Lowest Responsive and Responsible Bid for Both the Illinois and Woodland Pedestrian Bridge Replacements, to F.H. Paschen, in the Amount of $1,075,613 and a 10% Construction Contingency in the Amount of $107,561, for a Total of $1,183,174 11. Consideration of a Staff Recommendation to Award the Contract for GIS Services to MGP, Inc. in the not-to-exceed amount of $214,246 for calendar year 2022 12. Approval of a Change Order to the Agreement with Civiltech Engineering, Inc. to Provide Watermain Design for the Everett & Waukegan Road Intersection Project in the Amount of $22,175 13. Authorization for the City Manager (based on City Attorney Review) to Execute An Intergovernmental Agreement Between The City of Lake Forest and The Lake County Stormwater Management Commission (SMC hereafter) for the Burr Oak Storm Sewer Project, and Approval of a SMC Project Expense Match in the Amount of $314,036, Contingent Upon Receipt of Grant Funding 14. Award of Bid to Integrated Process Solutions, Inc. for the 2021 Distribution System Monitoring Project in the amount of $337,000, $15,000 to Strand Associates for Technical Engineering Assistance, and $8,000 for an Overall Contingency 15. Consideration of the Waiver of Permit Fees for Improvements at the City’s Veterans Park Located on the Southeast Corner of Deerpath and Green Bay Road. (Approval by Motion) 16. Consideration of Ordinances Approving Recommendations from the Building Review Board. (First Reading, and if Desired by the City Council, Final Approval) 17. Consideration of an Ordinance Approving a Recommendation from the Historic Preservation Commission. (First Reading and if Desired by the City Council, Final Approval) 18. Consideration of Ordinance Approving a Recommendation from the Zoning Board of Appeals. (First Reading, and if Desired by the City Council, Final Approval) 19. COUNCIL ACTION: Approval of the eighteen (18) Omnibus items as presented Mayor Pandaleon asked members of the Council if they would like to remove any item or take it separately. Seeing none, he asked for a motion. Alderman Weber made a motion to approve the eighteen (18) Omnibus items as presented, seconded by Alderman Rummel. The following voted “Aye”: Alderman Morris, Karras, Rummel, Notz, Preschlack, Goshgarian, Buschmann and Weber. The following voted “Nay”: None. 8-Ayes, 0 Nays, motion carried. 18 Proceedings of the Monday, December 6, 2021 Regular City Council Meeting 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 NEW BUSINESS 1. Consideration of a Recommendation from the Zoning Board of Appeals in Support of Amendments to the Special Use Permit for Ragdale Located at 1230, 1260 and 1272 N. Green Bay Road. (First Reading of an Ordinance and, if Desired by the City Council, Final Approval) AND Consideration of a Second Amendment to the Operating Agreement for the Ragdale Properties. (Approval by Ordinance) Director of Community Development, Catherine Czerniak, presented an in-depth presentation, following-up from a previously approved purchase and donation agreement for the Hart/Lansing property. The Zoning Board of Appeals unanimously, and enthusiastically, recommended approval of the proposed amendment. The purpose of the amendment includes, incorporating additional property into the Ragdale Campus (a portion of property to the north addressed as 1272 N. Green Bay Road), and approving an updated Master Plan and a Use Area Plan for the Ragdale Campus as exhibits to the Special Use Permit. Ms. Czerniak further explained that the addition of the Hart property will provide the opportunity to improve the space currently available to accommodate many artists and will provide additional outdoor space to support the Ragdale Ring and other low intensity activities. In addition to the Special Use Permit, Ms. Czerniak explained the adjustments to the operating agreement, more specifically, the second amendment to the agreement, including incorporating the portion of the Hart/Lansing property that will be transferred to the City and incorporated into the Ragdale Campus, resetting the term of the Agreement to the original ninety-nine years from the time of approval of the second amendment, and acknowledging the conditions on the Hart/Lansing property to be transferred. COUNCIL ACTION: Based on a unanimous recommendation from the Zoning Board of Appeals, if desired by the Council, waive first reading and grant final approval of an Ordinance amending the Special Use Permit for Ragdale. (First Reading of an Ordinance and, if Desired by the City Council, Final Approval) Alderman Rummel made a motion to waive first reading and grant final approval of an Ordinance amending the Special Use Permit for Ragdale, seconded by Alderman Preschlack. The following voted “Aye”: Alderman Morris, Karras, Rummel, Notz, Preschlack, Goshgarian, Buschmann and Weber. The following voted “Nay”: None. 8-Ayes, 0 Nays, motion carried. AND 19 Proceedings of the Monday, December 6, 2021 Regular City Council Meeting COUNCIL ACTION: If desired by the Council, grant a motion approving the Second Amendment to the Operating Agreement for the Ragdale Properties. Alderman Morris made a motion to grant a motion approving the Second Amendment to the Operating Agreement for the Ragdale Properties, seconded by Alderman Weber. The following voted “Aye”: Alderman Morris, Karras, Rummel, Notz, Preschlack, Goshgarian, Buschmann and Weber. The following voted “Nay”: None. 8-Ayes, 0 Nays, motion carried. ADDITIONAL ITEMS FOR COUNCIL DISCUSSION/COMMENTS BY COUNCIL MEMBERS Mayor Pandaleon wished everyone a happy Holiday Season. ADJOURNMENT There being no further business Mayor Pandaleon asked for a motion. Alderman Morris made a motion to adjourn, seconded by Alderman Preschlack. Motion carried unanimously by voice vote at 8:18 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. 20 January 13, 2020 1 LOAN AGREEMENT This LOAN AGREEMENT, dated as of the _____ day of _________, 2022, by and is between THE MCKINLOCK POST FOUNDATION, an Illinois not-for-profit corporation ("Borrower"), and THE CITY OF LAKE FOREST, a municipal corporation chartered under the laws Illinois State Legislature in 1861 and 1869 and operating under the home-rule provisions of Article VII, Section 6 of the Illinois Constitution ("Lender"). SECTION 1. LOAN. Subject to the terms and conditions of this Agreement, Lender agrees to make a loan to Borrower ("Loan") in the amount of $37,500.00 to assist Borrower in purchasing materials for a veteran’s memorial the Borrower is constructing at Veterans Park in Lake Forest ("Project"). The Loan will be evidenced by a promissory note ("Note") substantially in the form of Exhibit A. Provided the Loan is paid in full no later than the Final Payment Date set forth in Section 2, no interest will accrue or be due and owing on the Loan. SECTION 2. PAYMENT OF LOAN. The Loan must be paid in full by Borrower no later than December 31, 2023 (“Final Payment Date”). In the event that the Borrower fails to deliver full payment to the Lender by December 31, 2023, the Borrower will be required to pay the Lender a late charge of ONE HUNDRED and NO/100 UNITED STATES DOLLARS ($100.00) per day until the Loan is paid in full. SECTION 3. REPRESENTATIONS AND WARRANTIES. To induce Lender to make the Loan, Borrower represents and warrants to Lender that: A. Organization. Borrower is a not-for-profit corporation organized under the laws of the State of Illinois. B. Authorization; No Conflict. The execution, delivery and performance of this Agreement; the Note, and all related documents and instruments: (a) are within Borrower's powers; (b) have been authorized by all necessary corporate action; (c) do not and will not contravene or conflict with any provision of law or charter or by-laws of Borrower or any agreement affecting Borrower or its property; and (d) have been executed by duly authorized representatives of Borrower. C. Existence, Mergers. Borrower must preserve and maintain its corporate existence and will not liquidate, dissolve, or merge, or consolidate with or into any other entity, or sell, lease, transfer, or otherwise dispose of all or a substantial part of its assets other than in the ordinary course of business as now conducted. D. Use of Proceeds. The proceeds of the Loan must be used exclusively to provide funds for the implementation of the Project. E. Compliance with Laws. The Project must be conducted pursuant to all appropriate permits and in accordance with The City of Lake Forest City Code, ordinances, regulations, and procedures, as well as all applicable laws and regulations of other governmental authorities. 21 2 F. Conformance with License Agreement. The Project must be constructed and maintained in conformance with the terms and conditions of the License Agreement between the Borrower and Lender. G. Insurance. Borrower has secured and will maintain (all at no cost to Lender) insurance coverage in the amounts and types required by the License Agreement between the Borrower and Lender, which policy shall name the Lender as an insured under such policy. Borrower must provide a certificate of insurance to the Lender prior to execution of this Agreement and annually thereafter. SECTION 4. DEFAULT. A. Events of Default. The occurrence of any of the following will constitute an "Event of Default": 1. failure to pay any amount due under this Agreement or under the Note; 2. any default, event of default, or similar event shall occur or continue under any other instrument, document, note or agreement delivered to Lender in connection with this Agreement, or any such instrument, document, note, or agreement will not be, or will cease to be, enforceable in accordance with its terms; 3. any representation, warranty, schedule, certificate, financial statement, report, notice, or other writing furnished by or on behalf of Borrower to Lender is false or misleading in any material respect on the date as of which the facts therein set forth are stated or certified; 4. any bankruptcy, insolvency, reorganization, arrangement, readjustment, liquidation, dissolution, or similar proceeding, domestic or foreign, is instituted by or against Borrower; or Borrower takes any steps toward, or to authorize, such a proceeding; or 5. Borrower becomes insolvent, generally fails or is unable to pay its debts as they mature, admits in writing its inability to pay its debts as they mature, makes a general assignment for the benefit of its creditors, enters into any composition or similar agreement, or suspends the transaction of all or a substantial portion of its usual business. B . Default Remedies. 1. Upon the occurrence and during the continuance of any Event of Default specified in Section 4.A, Lender at its option may declare the Note (principal and other amounts) and any other amounts owed to Lender pursuant to this Agreement or any documents delivered in conjunction with thus Agreement immediately due and payable without notice or demand of any kind. Upon the occurrence of any Event of Default specified in Section 4.A, the Note and any other amounts owed to Lender pursuant to this Agreement or any documents delivered in conjunction with thus Agreement will be immediately and automatically due and payable without action of any kind on the part of Lender. Upon the occurrence and during the continuance 22 3 of any Event of Default, the Lender will seek recovery of the outstanding amounts, and Lender may exercise any rights and remedies under this Agreement, the Note, any related document or instrument, and at law or in equity. 2. Lender may, by written notice to Borrower, at any time and from time to time, waive any Event of Default, which will be for such period and subject to such conditions as will be specified in any such notice. In the case of any such waiver, Lender and Borrower will be restored to their former position and rights hereunder, and any Event of Default so waived will be deemed to be cured and not continuing; but no such waiver will extend to or impair any subsequent or other Event of Default. No failure to exercise, and no delay in exercising, on the part of Lender of any right, power or privilege under this Agreement will preclude any other or further exercise thereof or the exercise of any other right, power or privilege. The rights and remedies of Lender herein provided are cumulative and not exclusive of any rights or remedies provided by law. SECTION 5. NOTICES. All notices and communications required or permitted to be given under this Loan Agreement must be in writing and shall be deemed received by the addressee thereof (i) when delivered in person on a business day at the address set forth below, (ii) on the third business day after being deposited in any main or branch United States post office, for delivery at the address set forth below, by properly addressed, postage prepaid, certified or registered mail, return receipt requested, (iii) when delivered, if delivered by a nationally recognized overnight courier service; or (iv) when e-mailed. The notices and communications must be addressed to, and delivered at, the following addresses: The City of Lake Forest 800 N. Field Drive Lake Forest, Illinois 60045 Attn: Finance Director The McKinlock Post Foundation 801 N. McKinley Road Lake Forest, Illinois 60045 Attn: President Thomas P. Marks Notices is effective when delivered or mailed. By notice complying with the requirements of this Section, the Lender and Borrower each has the right to change the address or addressee or both for all future notices SECTION 6. AMENDMENT. This Agreement may be amended, supplemented, or interpreted at any time only by written instrument duly executed by Lender and Borrower. SECTION 7. MISCELLANEOUS. A. Time of the Essence. Time is of the essence in the performance of all of the terms and conditions of this License Agreement. B. Applicable Law. This License Agreement will be interpreted under and governed by the laws of the State of Illinois. C. Amendment. This License Agreement may be modified, amended, or annulled only by the written agreement of the City and Licensee. 23 DRAFT January 7, 2022 4 D. Survival. All representations and warranties contained herein will survive the execution of this License Agreement and the recordation thereof and will not be merged. E. Binding. This Agreement will bind Borrower, its successors and assigns, and inures to the benefit of Lender, its successors and assigns, except that Borrower may not transfer or assign any of its rights or interest hereunder without the prior written consent of Lender. F. Expenses. Borrower agrees to pay upon demand all expenses (including without limitation attorneys' fees, legal costs and expenses, and time charges of attorneys who may be employees of Lender, in each case whether in or out of court, in original or appellate proceedings or in bankruptcy) incurred or paid by Lender or any holder of the Note in connection with (a) any amendment, modification or waiver of any of the terms of this Agreement or the Note, (b) any Event of Default and any enforcement or collection proceedings resulting therefrom, and (c) any transfer, stamp, documentary or other similar taxes, assessments or charges levied by any governmental or revenue authority in respect of this Agreement, the Note or any other document referred to herein. Except as otherwise specifically provided herein, Borrower expressly and irrevocably waives presentment, protest, demand and notice of any kind in connection herewith. IN WITNESS WHEREOF the parties hereto have caused this Loan Agreement to be executed, effective as of the date first written above. ATTEST: THE CITY OF LAKE FOREST By: Its: ATTEST: THE MCKINLOCK POST FOUNDATION By: Its: 24 DRAFT January 7, 2022 5 EXHIBIT A PROMISSORY NOTE $37,500.00 _______________, 2022 FOR VALUE RECEIVED, on or before December 31, 2023, THE MCKINLOCK POST FOUNDATION, an Illinois not-for-profit corporation ("Borrower"), promises to pay to the order of THE CITY OF LAKE FOREST, a municipal charter corporation formed under the laws of the State of Illinois and operating under the home-rule provisions of Article VII, Section 6 of the Illinois Constitution (hereafter, together with any subsequent holder hereof, called "Lender"), at its main office at 220 E. Deerpath, Lake Forest, Illinois 60045, or at such other place as Lender may direct, the aggregate unpaid principal balance of each advance (a "Loan" and collectively the "Loans") made by Lender to Borrower. The total principal amount of Loan outstanding is THIRTY-SEVEN THOUSAND AND FIVE HUNDRED DOLLARS ($37,500.00). Payments must be made in immediately available funds in lawful money of the United States of America. This Note evidences indebtedness incurred under a Loan Agreement dated as of the date hereof executed by and between Borrower and Lender (and, if amended, restated or replaced, all amendments, restatements and replacements thereto or therefor, if any) ("Loan Agreement"), to which Loan Agreement reference is hereby made for a statement of its terms and provisions, including without limitation those under which this Note may be paid prior to its due date or have its due date accelerated. This Note and any document or instrument executed in connection with this Note will be governed by and construed in accordance with the internal law of the State of Illinois, and will be deemed to have been executed in the State of Illinois. Unless the context requires otherwise, wherever used in this Note, the singular includes the plural and vice versa, and the use of one gender also denotes the other. Captions are for convenience of reference only and do not define or limit any of the terms or provisions of this Note; references to Sections or provisions without reference to the document in which they are contained are references to this Note. This Note will bind Borrower, its successors and assigns, and inures to the benefit of Lender, its successors and assigns, except that Borrower may not transfer or assign any of its rights or interest without the prior written consent of Lender. Borrower agrees to pay upon demand all expenses (including without limitation reasonable attorneys' fees, legal costs and expenses, and time charges of attorneys who may be employees of Lender, in each case whether in or out of court, in original or appellate proceedings or in bankruptcy) incurred or paid by Lender or any holder hereof in connection with the enforcement or preservation of its rights hereunder or under any document or instrument executed in connection herewith. Borrower expressly and irrevocably waives presentment, protest, demand and notice of any kind in connection herewith. THE MCKINLOCK POST FOUNDATION By: ___________________________________ Title: __________________________________ 25