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Home My WebLink AboutPacket - 09/06/2016 - City CouncilAGENDA REGULAR CITY COUNCIL MEETING City Council Chambers, 333 S Green Street Tuesday, September 6, 2016, 7:00 PM 1. Call to Order 2. Roll Call 3. Pledge of Allegiance 4. City of McHenry Mission Statement 5. Public Comment: Any person wishing to address the City Council will be required to step forward to the podium and identify themselves for the record and will be asked but are not required to provide their address. Public Comment may be restricted to three - minutes for each individual speaker. Order and decorum shall be maintained at public meetings. 6. Motion to approve the following Consent Agenda items: A. Pay Application #6 to Williams Brothers Construction in the amount of $1,419,083.89 for Wastewater Treatment Plan Improvements; B. Final Payout in the amount of $216,365.73 and Change Order for ($16,632.52) to Stuckey Construction Co. for McHenry Recreation Center Construction; C. Ordinance amending Municipal Code Chapter 17, Article II Stormwater Management adopting McHenry County Stormwater Management Ordinance revision dated April 5, 2016; D. Ordinance amending Municipal Code Chapter 21, Streets and Sidewalks, Article VI, regulating Curbside Mailboxes; E. Ordinance amending Municipal Code Chapter 21, Streets and Sidewalks Article V, Snow and Ice; F. Resolution adopting the Boone -Dutch Creek Watershed Basin Plan; G. Request to advertise for bids for installation of holiday lighting in Veterans Memorial Park; H. Ordinance authorizing the sale of public property owned by the City of McHenry through Clinton Auto Auction; I. Temporary Use Permit requested by Principio Auto Group to host a car sales event in the parking lot of Just for Fun Roller Rink, 914 Front Street from Sep. 29th thru Oct. 1st, with rain date Oct. 6 thru Oct. 8th; The City of McHenry is dedicated to providing its citizens, businesses, and visitors with the highest quality of programs and services in a customer -oriented, efficient, and fiscally responsible manner. l MCA McHenry City Council Agenda September 6, 2016 Page Two J. Northern Illinois Special Recreation Association (NISRA) Debt Certificate Allocation and Agreement; K. Special Event Liquor License requested by St. Patrick Catholic Church for annual Oktoberfest, September 24th, 4-11:00 PM, 3500 Washington Street; L. McHenry High School District 156 request for the brief closure of John Street, Center Street, and Kane Avenue to accommodate the High School Homecoming Parade on October 3rd at 6:00 PM; M. Temporary closure of a portion of Grove Avenue for a Block Party on September 17th from 12:00 PM to 3:30 PM; N. Special Use/Picnic Permits; and O. Payment of Bills in the amount of $1,527,003.60. 7. Motion to adopt a Resolution authorizing the City of McHenry to file an objection to the application filed by ERAR Investments, LLC of Crystal Lake, IL for an amendment to the Unified Development Ordinance of McHenry Country, IL relating to the property located on the south side of Flanders Road approximately 1,150 feet east of the intersection of Flanders & Ringwood Roads in unincorporated McHenry County 8. Motion to authorize the Mayor's execution of an Engineering Services Agreement with HR Green, Inc for a lump sum amount of $22,000 for engineering design, permitting, bidding, and surveying of the McHenry Boat Launch at Miller Riverfront Park 9. Motion to authorize the Mayor's execution of Grant of Easement and Assignment of Lease Agreements with Landmark Dividend LLC for Cellular Leases with New Cingular Wireless LLC and/or T-Mobile for property located at 4225 Sioux Lane 10. Motion to approve an amendment to the FY 16/17 Budget Capital Improvements fund in the amount of $3,545.54 from the General Fund Balance and approve the recommendation of FGM Architects to award the contract for Dispatch Center furniture purchases: 1) NCPA contract with Frank Cooney Company for $64,817.41; and 2) TCPN contract with Interior Investments for $3,228.13 11. Mayor's Statement and Reports 12. Committee Reports 13. Staff Reports 14. Future Agenda Items 15. Adjournment The City of McHenry is dedicated to providing its citizens, businesses, and visitors with the highest quality of programs and services in a customer -oriented, efficient, and fiscally responsible manner. Department of Public Works Jon M. Schmitt, Director 1415 Industrial Drive McHenry, Illinois 60050 Phone: (815) 363-2186 Fax: (815) 363-2214 www.ci.mchenry.il.us CONSENT AGENDA SUPPLEMENT DATE: September 6, 2016 TO: Mayor and City Council FROM: Jon M. Schmitt, Director of Public Works RE: McHenry Wastewater Treatment Plant Improvements Pay Application #6 ATT: HR Green Pay Application Recommendation AGENDA ITEM SUMMARY: Staff requests City Council to approve pay application #6 to Williams Brothers Construction in the amount of $1,419,083.89 for work performed as part of the McHenry Wastewater Treatment Plant Improvements. BACKGROUND: Williams Brothers Construction is requesting $1,419,083.89 for work performed as of July 311 2016 on the McHenry Wastewater Treatment Plant Improvements. HR Green has reviewed the pay application, partial waiver of lien and certified payroll and found all documents to be in general conformance with the State Revolving Fund (SRF) loan requirements. HR Green and city staff recommend approval of pay application #6. SRF loan procedures require City Council to approve this pay application prior to Illinois Environmental Protection Agency (IEPA) disbursement of funds. Once the city receives the SRF loan disbursement, the city will pay Williams Brothers Construction's request for pay application #6. As of June 30, 2016, pay applications total $8,824,685.43. RECOMMENDATION: Therefore, if Council concurs, it is recommended to approve pay application request #6 to Williams Brothers Construction for the McHenry Wastewater Treatment Plant Improvements in an amount not to exceed $1,419,083.89. The City of McHenry is dedicated to providing the citizens, businesses and visitors of McHenry with the highest quality of programs and services in a customer -oriented, efficient and fiscally responsible manner. D 420 North Front Street 1 Suite 100 I McHenry, IL 60050 Main 815.385.1778 + Fax 815.385.1781 HRGreen August 15, 2016 Mr. Jon M. Schmitt Director of Public Works City of McHenry 1415 Industrial Drive McHenry, Illinois 60050 RE: McHenry Wastewater Treatment Plant Improvements Pay Application Request #6 HR Green Job No.: 86130341.03 1 !`> HRGREEN.CONI EE 1 Dear Mr. Schmitt, Attached is Pay Application #6 from Williams Brothers Construction, Inc. for the McHenry Wastewater Treatment Plant Improvements Project. Williams Brothers Construction, Inc. is requesting an amount of $1,419,083.89 for the work performed as of July 317 2016. HR Green has reviewed the Pay Application submitted by Williams Brothers Construction, Inc. and found all documents (pay application, partial waiver of lien and certified payroll) to be in general conformance with the SRF loan requirements. HR Green has also reviewed this application with City Staff which is in agreement with our findings. At this time, HR Green recommends the City approve this Pay Application in the amount of $1,419,083.89 which leaves a balance of $19,828,912.38 on the project. It should be noted that this pay application includes Work Change Directives 1 through 5. Upon approval, the pay application will be sent to the IEPA for approval and disbursement of funds from the City 's SRF loan. After approval, please sign on the application on the "Owner" line and return the documents to me for processing at the IEPA. If you have any questions, please call me at (815) 759-8346. Sincerely, HR GREEN, INC. ( la J. e0c Chad J. Pieper, P.E. Project Manager SF/CJP/ Attachments cc: Mr. Russell Ruzicka —City of McHenry Mr. Steve Frank, HRGreen, Inc. Mr. Ravi Jayaraman, HRGreen, Inc. Mr, Andy Lemke, HR Green, Inc. Hrgmhnas:110:186130341.031ConstructionlPay RequestlPay Request #5111r-071116-Recommendation of approval PayApp5_cjp.docx McHenry Wastewater T reatment Facility Consolidation Page 1 Contractolr's Application For r2yMen!Z MOw G Application Period: Application Date: July 31, 2016 July 1, 2016 to July 318 2016 To (Owner): From (contractor): Williams Brothers Construction Inc Via (Engineer) City of McHenry P.O. Box 1366 HR Green, Inc 1415 Industrial Drive Peoria, IL 61654 McHenry, Illinois 60050 Project: I Owner's Project No.: Engineers Project NO.: McHenry Wastewater Treatmetzt Facility Consoli lion 86130341 Application for Payment# Change Order Summary Approved Change Orders Number Additions Deductions WD 1-5 525.00 107,843.30 TOTALS NET CHANGE BY CHANGE ORDERS 525.00 (1077843.30 (107131$30) CiOn�raCiOr'S Crerii�6Ga�IOn The undersigned Contractorcerti@es ghat (1) all pfev;oUS progress payments received from Owner on account of Work done under the Contract have been applied an account to discharge Contractors legitimate obligations incurred in connection with Work covered by prior Applications for Payment; (2) title of all Work, materials and equipment incorporated in said Work or otherwise listed in or covered by this Application for Payment will pass to Owner at time of payment free and %tear of all Liens, security interests and encumbrances (except such as are covered by a Bond acceptable to Owner indemnifying Owner against any such Liens, security interest or encumbrances); and (3) all Work covered by this Application for Payment is in accordance with the Contract Documents and is not Date: 08/02/2416 ORIGINAL CONTRACT PRICE Net change by Change Order CURRENT CONTRACT PRICE (Lino f t 2) TOTAL COMPLETED AND STORED TO DATE {On Progress Estimato) RETAINAGE: $ 3o,lsa,000.00 $ �Io7sls3o) $ 30,072,681.70 $ 10,782,915.07 a. 5 °!o x 5 10,7829915.U7 Work Completed $ i AMOUNT ELIGIBLE TO DATE (Line 4 - Liner 5c) ...................... $ r LESS PREVIOUS PAYMENTS (Ltne9from priorApplication) $ 3 AMOUNT DUE THIS APPLICATION"woo ........_.......................... $ Payment oY. is recommendetl by: Payment of: approved by. Payment of: is approved by. $1,4i9,083.89 539,I45.75 10,24336932 (8,824,685.43) 1,419,083.89 Line S orother- h explanation of other amount) �J (Engineer) $1,419.083.89 (Line 8 or other- attach explanation of other amount) (Owner) $I,419,0$3.89 (line 8 or other -attach explanation of other amount) Funding Agency (f applicable) (Date } (Daze) McHenry Wastewater Treatment Facility Consolidation 1 2 3 4 licadon Pedod: July 1, 2016 to JuIY31W2O16 A B Work Completed C Applloation Number. Ap licatlon Date: D 6 July 31, 2016 E 14'.:i Item ... ..[.u»n.T })i.....' :rv4v.•..4..•v.r.....:.v.v.4.......n:........n•v}r...:. ..4.......rr}:..,...n.....n., ..•....: .U...r:. h.h}....., •...}:.+..+r. ,:.., ..:,fvr. .:rG....::,$., .v:..:..vv:,v'.i...:. .4v�L...r0..•:.<.r..:,.tr:.v...v.....,..r. .•r.,.r..v!v., ..•,:^}..,.., . .K• r.,•..N,,...r....,r5v.:....e:,.S..-.r......r..?....• ,.n..:•..:..n.•..,....... .r.........,v......v..n, .}v+,.v.*,;.��•:•n:..... :r..;..... i..'?r.: :ri.;..:.. . 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Pf..P,..,..w.,,i+`�vi%.<.Yhn:•: : 0.00 W% 81 9 j)Msloni-GeneralCondltlons 10 Bonds and Insurance Williams Brothers Const Inc W04000400 300,000.00 300,000.00 100.00% OAO 15.000.00 11 Mobilization Williams Brothers Const Ina 6504000060 6504000400 650,00040 100*00% 0,00 32500.Do 12 DemoblGzadon Wlllloms Brothers Const Inc. 75.00D.00 06001 O,OO O.DO% 75,000.00 0•oo 13 Overhead and Profit Wlliarns Brothers ConsL Inc, 2,971,742,00 M,587*101 150,00040 1A88,587.10 36.63°% 2,883,154.90 54,429.36 14 Temporary Wastewater Diversion System Williams Brothers Const Ina 85,000,00 0.00 0400 0,00% 851ODO.OD 0,00 O'er 15 Division 2•Fx7sifnyCondttlons 16 024100 Demolition Williams Brothers Const Inc, 641936.0D 25,972.00 1130040 274272.00 42.00% 37,658,00 1,363660 0.00 17 Dlvls/on 3- Concrete 18 032000 Conte Reinfordn M CMC Reber 307,000.00 239,250,00 10,875.00 250,125400 81.47% 56,875.D0 12,506,25 191 032000 Conrete ReinforcIng L Galyway Construction Company 427,500.80 243,675.00 77,062.50 320,737,50 75,03% 1069762450 16,036.88 2.01 Rea MIX Concrete M SuperlyN. 495,135.00 255,078.00 90,000.00 3454078600 69.69 % 150,057,00 179253,90 0'00 21 300 030 CR Pump Station 221 1 03 3000 Footings L Williams Brothers ConsL Inc. 89910,00 0,00 0.00 0.00'/0 82910.00 0,00 23 033004 Walls L Williams Brothers Const Inc. $05,475,00 244,380,Op 244,380.00 80.00% 6t,095.00 12,219.00 24 033000 Base Slabs L WitliamsBrothers Const. Inc, 15,500.00 157600.o0 15,500.00 100.00% 0.00 775,00 25 033D00 Slab on Grade L Willams Brothers Const Inc, 23,855,00 0.00 0.00 0,00% 23,855A0 D.DO 26 0330M Mechanical Pads L Williams Brothers Const Ina 3,000.00 0.00 0.00 0.00% 3,000.00 0.00 27 Suspended Slab L Williams Brothers Const Inc. 21,850.00 0,00 O.OD 0,00% 21,850.00 0.00 D•00 28 033000 40 Saconda Treatmemt 29 033000 Footings L Williams Brothers Const Inc. 61600,00 O.OD 0.00 0.00% 6,600900 0.0D 30 033000 W411s L Williams Brothers Const Inc. 840,000.00 0.00 252,OD0.00 252,000,DO 3D,00% 588,000,00 12,600600 31 033000 Base Slabs L Wlllams Brothers Const Inc. 88,740.00 88,740,00 88,740.00 tOO.00% 0+00 4,437.00 32 0330DO Stab on Grade L Williams Brothers Const Inc. 28,200600 0,00 0,00 0,00% 284200400 0000 33 033DOD Suspended Slab L Willlams Brothers Const Inc. 88,5%00 0.00 0.00 0400% 88,550.DD 0,00 0,00 34 033000 50STertia 35 0330DO Footles L WIIIIamsBrothers ConsLlna 5,080.OD 39810,00 3,81D.00 75.00% 1,270,00 190,50 36 033000 Pads L Williams Brothers Const Ina 2,275.00 0.00 0.00 0.00% 21275,00 0,00 37 033000 Walls L WUfiams Brothers Const Ina 445,198.00 155,819.30 66,779,70 222,599.00 50,00% 222,699600 llv129,95 38 033000 Base Slabs L Williams Brothers Const Inc, 62.314.00 21,808.50 40,501450 $2,310600 100,00% D,DO 3*115,50 39 03 3000 Slab on Grade L Williams Brothers Cant Inc. 62,760.00 0,00 D.00 0.00% 62,760.00 0.00 40 033000 Suspended Slab L Willlems Brothers Const Ina 33,770,00 D.DO 0.00 0.00% 33,770.00 0400 0"OO 41 033000 60 S SaAids 42 033000 Footings L Wllllanls Brothers Const Inc. 4,767.00 41757,00 4,757,00 100,OD% 0,00 237,85 43 0330DO Pads L Williams Brothers Constlna 3,420,00 0000 0,00 0,00% 3A20.00 0,00 44 033000 Wells L Wllllams Brothers Const Inc, 32,970*OO 32197040 32,97OVI 100.00% 0.00 1,648.60 45 03 30DO Slab an Grade L Milarns Brothers Coast lea 21270.00 214270,00 21,270,DO 100.00% 0,00 1,063.50 46 03 3DOD 70 Microscreen D'� 03 WOO Feelings L Williams Brothers Const tea 1,495.00 t,495.00 1,495.00 100400% 0,00 74475 033D00 Walls L Williams Brothers Const Inc, 6,875.00 6A75.00 8.875.00 100400% 0.00 343,75 033000 Slab on Grade L Williams Brothers Const Inc. 1,242,00 1242,00 1,242C0 100400% 0,00 62.10 P49 03 3000 75 SSR Feed0.00 03 30DO Walls L W lliams Brothers Const Ina 579SWoOD 574550/00 57,550.00 1 OD=% 0,00 2.877*50 03 300D Base Slab L Williams Brothers Const Inc. 5,200.00 59200900 5,200.00 100.006/6 0.00 260,00 53 0330001 Suspended Slab L Wltllams Brothers Const Inc. 10,530400 10=00 tO,530400 100A00/4 0400 526.50 0,00 54 Site McHenry Wastewater Treatment Facility Consolidation �d 1 2 3 q Itcation POdOd: JUI 1, 2016 to Ju 31, 2016 A g Work Completed Application Number:: IlcaBon Dale: 6 July 314 2016 F ,....Y;: Item ,. + .... .:.:.:. .::..:.n . . •.,......: Y..• }.; •, .. ................. n:.v.•rn;....:.., .. .... ., ....,,.:r:'• :• ...'•>...+.:...., ....:..: ♦..t. :. ni..v nb: ••.: YY}, >n.vv.{}q'•. 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Sidawalia L Wlfliams Brothers Const Inc, 8,575,00 D,00 0.00 0.00% 8,575.00 0,00 55 56 Pavement L WgiinmsBrothers ConsLina 287,520,00 $715o4.D0 57,50440 20w00% 230,016.00 2.87620 57.pgon EbcWA4 Duct Bank L Williams Brothers Ccnmt Inc. 44475D.80 0.00 0.00 0.00% 44,750.1b 0.00 58 034100 Precast Stru=rat Concrete M MidStatesConcrete IndusMes 386000,00 10870,00 1,870.00 4.92% 36,130.00 93.50 59 034100 Precast Structural Concrete L MidStatesConcrete Industries 31,ODD.00 1,180.00 19180.00 3.81% 29,820.00 59,00 0,00 60 Dlvfslwr4Masonry ' 0.00 61 0.00 62 Masonry 63 Structure 20 M Diamond Masonry,39,51D.OD 0.00 0.00 0.00% 39,510600 0.00 64 Structure 20 L Diamond Mason 70,500,00 0.00 0.00 0.00% 70,500400 0.00 &,r Structure 40 M Diamond Mason 33,890.00 0.00 0.00 0.0650 33,890.OD 0.00 66 Structure 40 L Diamond MasoM 99,511.00 0,00 0.00 D.001 99,511-Do 0.00 67 Structure 50 M Diamond Masonry 3992400 0,00 6.00 0.00% 3.920.00 0600 68 Structure 5o L Diamond Masonry 20A50.00 0.00 0.00 0.00% 204460.00 0.00 691Structure 60 M Diamond Masonr y 1,830.00 0.00 0.00 0,00% 14830000 O.aQ 70 Structure 80 L Diamond Masonry 94343,00 6100 0.00 0.00°% 91343.00 0.00 711 Structure 70 M Diamond Masonry 86301 too 84301.00 84301,00 100400010 0,00 415.05 72 Structure 70 L Diamond Masonry 211745400 214745,DO 21,745.00 100,D0% 0.00 1,087,25 0.00 73 Dlvrsfon 5 Alotals Metals M Tilanindustries 208,880600 31,138.28 25,92722 57,065.50 27,32% 151,814.SO 2,BS318 74 75 Metals L Joliet Steel & Construction 117,120.00 0,00 0.00 0.00°% 117,1204001 O.00 76 Pre -Engineered Metal Building M Nucor Building S stersts 2211754400 0.00 84,013.00 841013,00 37,89% 1371741600 4200.65 77 PraEn lneered Metal Building L Joliet Steel & Construction 188,OOD.DO 0.0D 686000.00 68/000000 36,17% 120,000,00 31400,00 78 OMsfan 6-Wood Plastic and Compwfts 0.00 79 061000 Bolted Plates and Blockin MIL Wtlllems Brothers Const Inc. 47,300,00 47730,00 4,730.00 10.a0% 426570400 = SO 80 0674713 FRP Gratin M Harrington Industrlat Plastics 5,745.00 0,00 0,00 0.00% 51745,00 0400 61 0674713 FRPGt•atin L WllllamsBrothers Const Inc. 10,000,00 0.00 0.00 0.00°% 10,000,00 0,00 82 EIFS Comte Work Kole Construction 111700400 0,00 0,00 0.00% 11,700.00 0000 83 Divieron7-7harmsfandAWsWroProtocSon D.00 84 075323 EPDM RoofingM StaringCommerical Roca 17,500,00 O.00 OAO 0,00°% 17,500,00 0.00 85 07 5323 EPDM Roofing L Sterling Commerical Roofing 28,570.00 0.00 0.00 0,00% 261570.00 0.00 86 I776000 Flashing and Sheetmatal M Sterling Commerical RoarIg 21500.00 0.00 0,00 0600% 240040 0,00 87 076000 Flashing and Sheetmetal L steding Commerical Roofing 7/430600 0,0R 0.00 0.00% 71,43040 0000 0.00 88 Division SwDoors and Wrndows 89 081613 FRP Doors and Frames M Doors Inc 30,640.00 301840404 30,t340.00 100.00% 0.00 1,542.00 Sol 081613 FRP Doors and Frames L Willlams Brothers Const Ina 15,000600 7506001 750.D0 5,00% 14,250,00 37.50 083300 Overhead Catlin Service Doors M House of Doors Inc 67,90O.OD D.OD 0.00 0.00% 67,900.00 0.00 083300 Overhead Catlin Servlce Doors L House of Doors Ina 0•00 083113 Floor Hatches M N strom 20,406.00 16,123.00 18,123,00 7941% 4283,00 806,15 E 083113 Floor Hatches L wilarrsBrothersConstInc, 101400,00 2.808.00 ZBW0 00 27,00% 7,592.00 140.40 086200 Units I tits M Fxaro hts12,15040 0.00 0.00 0.00% 12,150400 0.00 086200 Unit Skylights L Wlltlams Brothers Const Inc. 81300/00 0.0D 0.00 0.00°% 81300400 0,00 971 1 087100 DoorHarch"M M Doors Inc 144080*00 14,D60.00 14.DSD,00 10D.OW/o 0100 703.0D 98 08 7100 Door Hardware L whams Brothers Const Inc. Included In Door. and Frames 0.00 99 088830 Glass Glazing East Moilne Glass 1,725.00 0.00 0.00 0.00% 10725,00 0.00 100 DJvlslort 9•Ffnlshos D.DO 101 099000 Paints and Coaling 0.00 McHenry Wastewater Treatment Facility Consolidation Page 3 111Application 2 3 4 Iication Podod: July 14 2016to July 31, 2016 A B Work Completed C Number. Application Date: D 6 July 31, 2016 E F G Item ,.: NON',. ,..:....rh,..,... ..... n .. ., r. ••. •. .. .. .. ....... . .. .. .... ............n...v,.; . n• .: v. • f..f .. .< n..f .. ...r \ h.. .. . .. .. ....... .. .. ,. ,. .. $Y. .r..nr,fr. ,..... .? ..., n rn...i.r,......... �•Y.: Y.:, F:S. .h. <. :::.....,.,....�rv.v;;,:�: n..,v v; ,v. v...:: ; .{, y, . •.v.v;:: . ... .... ? .nn{ .•. . ... n,m r, }., ...:. >.,...... »aee for \i.. v..:.:J.Vii •'r'•?:{•Y{•'f4?:S•?:, .,�.y��(,,��... ..v. .,. :.. 7. w...... .; .r..,�,:.yY, . ,i5:v n., r.. y.J ..,`,-`,.�..,7,.. i ..i ,.. .eY...eOli...... ,..::.Iyyi40043pib..,.�,vw�4Jy r Tnlf .. .. r.., .,. a'a: $.{'S� C'.tof1W:,XT•' ilk. + ice€' :,,. is"i, .. ..:S n„ v: M..,yt•.!:{.. {? ; r� a.. 'iA'..: Nn'4: .F: e:>.:...�1,17CISK •: h•. 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Inc 32$4.00 0.00 Otto% 3234,00 0.00 tOS PreacastColli L Dena Pa1nU , Inc 6,7000 0,00 0,00% 69704POO 0.00 yob Epoxy, FocrOcating M Delta P8lnti,Inc 6,480Z 0.00 O.00% 69480.00 0.00 107 Epoxy Floor Coating L Dolts Painting, Inc 15,544.00 0.00 0.00% t5,544.00 0.00 108 Chemical Containment M Dena Painting, Inc 11300,00 o.o0 0.00% 1,300.00 0.00 log Chemical Containment L Delta PatnUn , Inc 8,272.00 0.o0 0.00% $0272.00 O,OO 110 Ott Doorand Frame M Delta Paintln , Inc MOOD 0.00 0.00% 366.00 0,00 111 OH Door and Frame L Delta Painting, Inc 562.8.00 0.00 0,0030oposee 24568.00 0.00 112 Crane Booms M Delta Pal2tqvInc 250.00 0.00 0.00%womm 250.00 0.00 113 Crane Beams L Delta Painting, Inc 2,568.00 D.00 0.00% 2,S68.00 0,00 114 Ductile iron interior M Delta Painting, [no 11470,00 o,00 0.00°/a 1.470,00 o.00 115 Ductile iron interior L Delta PalMln , Inc 11,056.00 0,00 0,00010 11,056•o0 0.00 116 Ductile Iron Exterior M Delta painting, Inc 1.520600 0.06 0.00% 1,520.00 0100 117 Ductile Iron Fxtertar L Delta Painting, [no 76704.00 0.00 0,00% 7,704.00 0.00 lie Ductile Iron Submerged M Delta Painting. [no 1,040.00 0.00 0.00% 10040,00 0.00 119 Ducille Iron Submerged L Delta Painting, Inc 71704.00 0.00 0,00% 70704.00 0.00 120 Gas Pipe Interior M Pain , Inc 333.00 0.00 0,00%mmmmmm 333600 D.OD 121 eaeoftephDella Gas Plpo Interior L Delta Painting, Inc 4,136.00 o.0o D.00% 44136400 0.00 122 Gas P! Fxtarlor M Doha PalnBn , Inc 462.00 o.GO 0.00% 462.0o 0.00 Gas Pipe Exterior L Delta Paintin , Inc g,949.00 0.00 0.00% 9.949.00 0,00 Mobilization Delta Paintln , Inc 2,OOo.00 2,OO= 2.o00.00 100,00% 0.00 100.00 09 St00 Acoustical Coiling Work M Contra[ Cellin Systems 1.272.00 Deco 0.00 0.00% 1,27240 0.00 0126 096500 Resilient Floorollte M Johnson owedFloor Com an Inc 1,464,00 0.00 0,00 0,0o% 1,4&i.00 0.00 Dlvlslon 10-5 hitter0.00 SI M Williams Brothers Coast Ina 2100.00 0.00 0,00 0,00% 2,100.00 0.00 10140D nee 129 101400 Signage L Wiltlams Brothers Conrt Ine, 800.00 0100 0,00 DOW % 8o0.0o O.oO 130 102813 TelietAccessodes M WIIIIemsBrothers Constlno. 735.00 0.00 0.00 0,00% 735.00 0.00 131 102813 TolletAcoessorles L Williams Brotham Consttnc. 450,00 O.Oo 0.00 D.OD% 450.00 O.Ot 0.00 132 Dlvlslon 22•Plambing 0.00 133 ExterlorMachanlcal 134 Overhead and ProRt G. A. Rids 349,565.00 2S2O173o751 X452615 3004625,90 86.00% 48*939,10 1 S,031030 135 Mobilization G. A. Rids 20=0.00 20,000.001 20.ODD.00 100.00% 0,00 1,000.00 136 Process WiFie M G. A. Rich 433,587.00 39OZ9420 21,679.3S 4114907,65 95400%1 21,679:35 20.59S.38 137 Process Pien L G. A. Rich 19103:787,00 8839029460 551189*35 938218.95 85.00% 165.568005 46.910.95 138 Storm M Go A" Rich 127,160600 120480100 120.802.00 95.00'Yo 61358.00 6,040.10 139 Storm L G.A. Rich 281,061.00 2671007.95 267,])07.95 95.00% 141053.05 130350440 14D Water M G. A. Rich 88.338.00E4t354480 .40 17,667.60 89,338.00 1oo.o0% 0.00 4,41644 141 Water L G. A. Rich 1741188,DO.80 139,350.40 156,76920 90,00% 174418,80 70838.46 142 Gas M G. A, Rich 21000.o0.00 0.o0 0,00% 2,000.00 0,00 143 Gas L G. A. Rich 7/258000 44354,80 60.00% 20=20 217.74144 Grinder Pum M G. A. Rich 330.00.00 0,00 0.00% 330.00 0.00 14S GdndarPum L Go A. Rich 10,998.00,00 000 0.0D% 100998,00 0.00 Valves M G. A. Rich 519728,00 74759.20 334623420 41,382.40 80000% 10.345.60 21069.12 146 147 Valves L G. A. Rich 30,000,D0 4,762.45 4237055 9,000.00 30.00% 21,000.00 450.00 148 Interior Mechanical I I I o.0o McHenry Wastewater Treatment Facility Consolidation Page 4 1 2 I AppllcallonNumber, 8 Ifcadon Padod: July 1, 2016 to July 31, 2016 ApplicationDaft4 Jui 31. 2016 3 4 A B Wofk Completed C A E F G ttom •}:::•}::.n:;.;: }::L. vd .. 2v. .. . .. ... •.... .,. lnav,v. v .F.:..� ...n .. :r •, ... v}.::..,.. �. n. .. ,.v .. h ,. ., •.. vn'F}Y.:.:S,,}>S}::v. n.;. ... v....rC'•:if •:.;;:....4{., .n:.Cr.�Y.. .: ...v >: • :: {I,• .;. .v Y:.i .:• C.v :::::•.{•\.v,,•n,•$.\::,Y; v,{n;:•y;:;.:..,+:....i ... .. .. n....., .. n. h.n..i .+ ap ......... $. .n �.... Y..n �. 4. 4. ...... ....v ..\ .......... .. .Y ...... nv..� ......:...\, \.qh..h�.... Y.....n ...L•..%... .... n ... .... 4.} .+h....n.,. �.,...,. .... }n rn ..n�.{.L .. r., .. C., r.v ... {.. .......... ............. $..n .. 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M LAI Ltd 470OW600 0,00 0,00 0,00% 47,000400 O,00 285 433259 Odor Conb)olS m L Hayes Mechanical 104000400 0.00 0,00 O,00% 104000,00 O,OO 286 433263 Ultraviolet Disinfection Equipment M X lem Water Solutions USA 275,000.00 0,00 0,00 0,00% 275,000400 0,00 287 43=3 Ultraviolet Disinfection Equipment L W illams Brothers Const Inc. 6,000,00 0,00 O,OO 0.00% 64000.00 0.00 288 434113,01 H dro eumafloTank M LAI Lid 29,000,00 04001 rj.001 0.00%j 29,000,00 0100 289 434113.01 HydopneumaticTank L Hayes Mechanical 1,000.00 0.001 0.00 0,00%1 1.000.00 0.00 McHenry Wastewater Treatment Facility Consolidation �ID ad Appllcailon Numbor, 6 1 2 A=11cation Period: Jul 1, 2016 to Jul 31, 2016 Appikaton Date: July 31, 2016 A 6 Work Completed 3 4 C D E F G .:. : Item •.v:. v. w::.v:. r. ...:..,.n:v.. .. }..}. ... 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Skmers and Mixer L Hayes Mechanical 69,300.00 0,00 0900 OP00% 69,30D,00 0,00 300 444256,01 VorticalTurbimPumps M fAILtd 64,000_QO 0,00 0400 0,00% 64.0cg00 O,OO 301 444256.01 Vert caiTurbine Pumps L Heyes Mechanical $,000.00 0.00 0.00 0000% 84000.DO 0400 302 44 4256,09 Submersible Pum s M LAI Ltd 25,000.00 0.00 o,oD 0.00% 25,000.00 Q,00 303 44 4256,09 Submorslbte Pumps L Hayes Mechanleat 31000.00 0.00 0400 0.00% 3,000,00 1 0,00 0.00 304 8NIs1on4GlNaterandWastawater! ulpment 305 462151 MectsanlalScreening E ul ment M Hydro-DyneHydromOyne Engineering 373,850600 0.00 0,00 0,00% 3734850,00 0,00 306 462151 Mechanist Sanenln E ut nt L W Whams Brothers Const Inc, 260000,00 0600 0.00 0.00% 26,000.00 0,00 $07 462200 Mechanical Screening Equipment RBFS M Hydro International 901,892.00 901,892.00 ad 9017892400 100,00% 0.00 45,094.60 306 462200 Mechanics! ScreenIng Equipment RBFS L WIN= Brothers Const Ina22oO006001 11,000,00 114000.00 50400% 11,OQa_OQ 550.00 309 464123 Submersible Mbdng EEquiprnant Xylem Water Solutions USA 90,000,00 90400.00 O.00 3101 1 464123 Submersible MLYIng Equipment 311 464123 Submersible MLdng EquIpMent L Hayes Mechanical 61000.00 0.00 0.00 D.000/0 6,000,00 0.00 312 464324 DI estercover M RPSEn ineorin Inc 143,000.00 0.00 0.00 0.00%sommom t43,000.00 0.00 313 464324 Dl ostorCover L Wliliams Brothers Const Ina 60,000.00 0,00 0.00 0.00% 606000400 0,00 314 465133 Flexible Membrane Dftsad Aeration Xylem Water Solutions USA 65,000.00 65,000.00 $15 46 5133 Flexible Membrane Dftsed Aeration 0.00 316 46 5133 Fiexlbie Membrane DiHtrsed Aeration L Hayes Mechanical 150000400 0400 0,00 Q,00°� 15,004.00 0.00 317 46 5200 Biological HI h Rate Treatment Sys tam M 1. Kruger Inc 2,224,800,00 0,00 D.00 0.00% 2,224,800,00 0.00 318 465200 Blol2gical HI h Rate Treatment System L Williams Brothers Const Inc. 104000,00 0400 0.00 0.00% 101000.00 0.00 319 466130 Disk FiltrationSystem M 1.Kru Brine 0,00 320 466130 Disk Flirtation S L Williams Brothers Const Ina 14,OOD.OD 0.00 0400 D,00% 14,000.00 0,00 321 48 7653 - Sludge Dryingmm M Komilno Sanderson 0'� Dryer M Komline Sanderson 1,t56,130.00 0,00 0.06 0.00% 11156,130.00 0,00 322 323 Live Bottom Ho er M Komline Sanderson 164,240.D0 0000 0.00 0.00% 164240.00 0.00 324 SludgePum M KomlhaaSandorson 26,26D.00 0,00 0.00 O.D D% 26.2tiQ.oft,dd00 O.aD 325 Srleener M Komline Sanderson 21,620.00 0.00 0.00 0.00% 21,620400 0.00 326 ors Dried Product Conve M Komline Sanderson 96,420400 0,00 0.00 0,00% 986420,00 0000 327 Thermal Oil system M Komline Sanderson 178,250.00 0100 0600 0.00% 178,250,00 0.00 328 thermal Oil M Komline Sanderson 84360,00 0,00 0,00 O.DO% 89360.00 0.00 329 Of Gascompfessor M KomllnsSanderson 49,740,00 0,00 0400 0600% 490740600 0400 330 mikkookodo UgIv Air Com ressor/Air Dryer M KomllneSanderson 109350,00 0900 0.00 0600% 101350.00 0,00 331 Coarse Bubble Dithrsers M Komllne Sanderson 14,990,00 D,00 0,00 0,00% t4,99D.OQ 0.00 332 off Gas DuWFabriated Items M Komline Sanderson 40,450,00 0.06 0,00 0.00% 40,450.DJ0 O.OD 233 LocallnskumentatlOn M Komline, Sanderson 40,210,00 0.00 0,00 0.00% 40,270.00 0.00 334 AutomateVafvaVR Valves Komline Sanderson 27,83Q.00 0,00 0,00madoaak oA0% 27,830,Q0 O.OD 335 ForkM Anchor Boris M Komline Sanderson 12,470,00 0,00 O.00 0.00% 12 470.00 O.QQ 336 Dryer Control Panel M Komline Sanderson 904980900 0,00 Q.00 0.00% 9Q,984.00 0.00 McHenry Wastewater Treatment Facility Consolidation 1 Z 3 - lic atlon Period: July 1, 2016toJuly3lq 2016 A B Work Completed C Application Numbor. Applicallon Date; D 6 July 314 2016 E F G 4 It" . ... ..... ,.:.•„. . ., :. .. .. r ... n:n. :. ..n :[.r.,n. .n...n ,.rn.n !. .. . ? r S. ti. o h:},^•..}.. n.::,•. n h ... VY,..•:5:n.r. .,••., ... inn,..: ,: ...,. .. ... .. .. ... ........ .... .. ............ ... ...... .... ........ ...:..r ..... .., r. .. .. .. ..n ....�..y_�L,,.., :}.: {.:.... : n2 ., ;,. .}'.$::: G. �,{ ......:..::. :.,,,..:: ...n..•n y.. .. ::}. r?::.. l... ..:::::..r.,•:.�.,.:r.,•r.,:r.a::,.:.:: ,P..: ,.. e21;'.:.: csv;:.};r.:X<.Xs>'r•;an;: p Xtaat.+.. '4• u N OW R°:act ` •41i: •Y .. vi:4n. y,, ,:: C1i:N.:\•1: 4�F:1 Ni(TNF:�i: 2 :.L.,, S ,u.i•+Y. 547X< ni 'a$t•+.:•:}.w. ... .. , „ .:f., .,••:: n,•, w n•+.... r^ ... ..:. }..Y. n"n•Jr. •.[• •. n....•.,r...:•, nXl: ,. .•. ..tV`liis� :.[••.r C .i•5: .• .< 5 •:,• ...+:•::. .. n5:,,?.E..vS G..<:•?., .2 •?.SG::, n,;... .ta11t' r•: v.< „ :.•::v::•S;! ... ... ♦ n�S:•:S: "•:::^ Yr.Xi , •ir . n A.S. • Y:<i•`; v., .0 : .+ ;rvhvn . 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YIN .:. ,, r'Ct' �fF: .r.:• x•..5.. r'<7: ... \^ . ?:},. ..... }}`i>.; : .n. ;+ ..•...,: a�Q�ptde3S:ti} <2M:�n:.S .r.ns.:r:...[,:'•?..:..;...'..,.•?.;.:,•h�:, r.,...•. n::[: 337 Start Up;C=mlssionlng Komllne Sanderaon 55,700400 0100 0,00 0.00% $69700400 0.DO 46 7653 Slud e S L Willlams Brothers Const Inc. 112,400.00 0.00 O.DO 0.00% 112.400.00 0.00 467663 Slud a Pum and Com rassor L Ha s MechanicalIIIIIIIIIAIIIII 5*000,00 0.00 0.00 0,00% 51000.00 0,00 467655 Slud a Con S em M LAI Ltd 229,00D.00 0,00 D.Oo 0.00% 229.000.00 O.Oo 467655 Slud aCane t S em L Willlams Brothe s Const Inc 5.000.00 0,00 0.00 0.00% 50000400 g345 0.00Water unit cost Main 2" 25 LF atS30 LF 750.00 0.00 O.DO O.OD% 750.00 0.00 2 Water Main4" 25LFat$32LF 800.00 0.00D.00 O.OD% 800,00 O.00 3 Sonitn Sewer 6" 25 LF at S45 LF 16125,00 0.00 0.% 000.00 1,125.00 0.00 346 5 Storm Sewer12" 25LFatS20LF MOO 0.00 0.00 0.00% 500,00 0.00 3471 1 7 Trench Badd+Il 100CY at $9 CY 900.00 O.OD 0.00 0.00% 900,00 0.00 348 8 FlawableFill 100CYat$35CY 3,5oo,00 0.00 0.00 0.00% 3,500.00 0.00 349 9 Pi Casing for Water Main and Sewer Crossing 2S LF At S14 LF 350,00 0.00 0A0 0.00% 350.00 0.00 350 10 7elawramunicallen Cable and Conduft 25 LF at $7 LF 175,00 0.00 0.00 0.00% 175.00 0.00 $51 11 Eleci leaf Cable and Conduit 25 LF at $10 LF 250.00 0.00 0.00 0.00% 250.00 0.00 352 12 Gas Erns 2" 25 LF at $1S LF 375,00 0,00 0.00 0.00% 375.00 0.00 353 13 Hot Mix Asphalt 50 tons at $100 ton 60000,00 Deco 0•DD 0.00% S.ODO.00 0,00 354 14 Removal and Disposal of Unsultable Materials 10DCY at S70 CY 76000.00 0.00 0.00 0.00% 7,00D.00 0,00 0.00 355 356 357 NO Total 30,180,000.00 9,28%142.66 1,493,772"51 Deco 10,78$915.aT 36% 19,3971084,93 S39,146,75 3591 1 IIIIIIWIIIIII 3601 1 Change Orders RFP O1 Work Chan a Directive No.1 3,498.30 0.00 -0.00% 3.498.30 0.00 Work Chan a Directive No. 2 800.04 80SOO.OD 100.0D% 0.00 40.00 WarkChan a DEroctive No.3 525.00 0.00 0.00% 525.00 0.00 Work Chan a DEroctive too. 4 110441000,00 -0.00% 1,044.00 D.oD Work Chan Directive No.5 1024501/00 0,00 0.0D�e 102,50t,00 0.00 1380 Total 30 72,681,70 9 S9r142.66 1a492f97Z51 0.00 107a2,11b.07 36% 19290,666.63 b38,t06.7b McHenry Wastewater Treatment Facility Consolidation GN 1 - Application Numbor, 6 2 lication Portod: July 1, 2016tojulyZlt 2018 ApplIcallon Date: July 31, 2016 3 A B Work Completed Item 4 C D E F G ......... +; ..... ... .n, .. ......... ....... ... .. ......,•.. n.:,...,... 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',na• 8 •.A•.,: ,». {.,h .,... 4 n•} •} .o. .:`..,fi..., ., .. >..{ o •s 1 ti ::vn.:.)n.. :. : vn .S :, .G x : h .. :.r....:.:..., ......ti.n:. :..•,.,:.... ..n..,r..:...f.,.,,..,. 111 ,:.. •nvr.,.:: n�n..i�k{�22. .:. .::Stltll�l:nftk.a, .,k.,.,r.n::Y:.!.}.e.>.�Y.n:.:.�...as..:...:4,:•.:•x:n,r.:r.^rrn:�::: 38111 Summary by Subrontractor/Su Ifet 38Z Advanced Automation & Controls 2,6D4,000.00 3474090900 120,250.00 0.00 467,340.00 18.88% 2,G36,660,00 23,367.00 383 Central Callln 11272400 0.00 0.00 0.00 0,00 M00% 11272,00 0.00 384 CMC Reber 307,000.00 239,250.00 10087S.00 0.00 25D,125.00 81,47% 56,875000 12,506.25 385 Complete Mechanical Services 490,0DD.00 1729100900 0.00 0,00 17211=00 35.12% 317,900.00 8,605.00 386 CumminsN Power 780.0DD,DO 0.00 0.00 0.00 0100 0,00% 780,000900 0.00 387 Delta Painting 12410DD,DO 0.00 4*680400 0.00 4,660,00 3.76°A 11%340000 233.00 386 Diamond Mason 309,000,0o 30,046.00 0.00 0,00 30,046,OD 9.72% 278,954.00 1*502,30 389 Doors Inc 4419DO400 44*900400 0.00 0.00 44,900.00 100,00% O.OD 2.245.00 390 East MollmGlaae 1072540 0.00 0.00 O-DD 0.00 0,00% 1,72SM0 0,00 391 Exalt I his Inc 12,150,00 0.00 0.00 0.00 0,00 D,Oo% 12150.00 D,00 392 GasvodaandAssorJates 3S,107.00 0400 0.00 0.00 0.00 0,00% 35,107.00 0.00 3931 Gateway Construction 427,500.00 243,675400 77.062950 D.00 320,737.50 75.03% 106,762.50 18,036488 394 FOOPPOW Harrington Industrial ST745600 0.00 0.0D 0.00 0900 0.00% 5,745.00 0,00 395 Ham Meehanical 117850000,00 404,694.38 1389703699 0.00 54 6398,37 30,44% 14241060143 27,169.92 396 HomesteadElectdc 11480,000= 263254.00 534500,00 0.00 316,75440 21.40% 10163,246000 1S,837.70 39T House of Doors 67,900,00 0+00 0,00 0.00 0100 0.00% 67,900,00 0.00 398 Hydro Dyne EnginearIN 373,850.00 0,00 0.00 0.00 D.DD 0,00% 373,850.00 0,00 399 Johnson Fleeting 1,464.00 0.00 0,00 0000 0.00 0.00°A 11464.00 0.00 400 Joliet Steel and Construction 305,120.00 0.00 68,000*00 0.00 681000.D0 22,290A 237,120.00 34400.00 401 Kelley Dewatering 18800.0D 188,300.D0 O.00 0.00 1881300.00 100000% 0.00 9041540D 402 Kole Construction 119700000 D.00 0.00 O,OD 0.00 0.00% 11,700.00 0,00 403 Komltne Sanderson 2.000,000.00 0.00 0400 0400 0.00 0.0D°A 2,000,000,00 O.DO 404 Kruger 2,2241800.00 0.00 0400 0.00 0,00 0.00% 212241800POO 0,00 405 LAI Ltd 1,242,000900 0.00 0,00 0000 0.00 0.00% 1.242,Q00.00 QAD 406 Hydro Intomatfonal 901,892.00 901,892A0 0.00 0100 901,692.00 100,00% 0,00 45,094.6D 4071 1 Mid States Concrete Industries 696000400 30050*00 0.00 0.00 3,Q50A0 4,429/a 65.950.QQ 152.50 408 1 Northern Illinois Fence 25,831.00 0600 0.00 0,00 0400 0,00% 251631,00 0400 4091 1 Nvoor Building ystems 221.7S4.001 0.00 841013,00 0.00 84,D13.00 37.89% 1376741,00 1 420046$ 410 1 NyMm 20A06.00 18,123,00 0.00 0100 16,123.00 79,01% 4283.00 SMAS 411 Peterson and Matt 190,000.00 0.00 0.00 0400 MOD 0400% 190.000400 0.00 412 GA Rich 2,680,000.00 2,048,207,25 310199.80 0.DO 2.3584406.85 88,00% 321,593415 117/920634 413 RPS Engtneeflng 1430000,00 0.00 0,00 0.00 0.00 0.00% 143,000.00 D.00 414 RWGateComparly 280,030.OD 280,030.00 D,OD 0.00 280,030,00 100,00% 0,00 141001,50 415 Sievert Crane and Hoist 1793004001 0400 0400 0.00 0400P27432% 17.300.00 0.00 416 Sterling Commercial Roofing560000400 0,00 0.00 0400 0.00 S6.000.00 0,00 417 Nbc 495,135.0D 255,078.00 90,000.00 0400 345,078.00 1S0,057.00 17253.90 418 Titan Industries 2084880400 31,138.28 25192722 0.00 57,06&50 151.814.S0 2,853.28 419 TrochNeNeil Pavin 170o500v00 0,00 D.00 0.00 0,00 170,500,00 0.00 420 X emWatersolutions`qMPPP 111750000,00 0.00 0.00 0.on 0.00 16020.000400 0.00 21Wllllams Brothers Construction 8,802,939.00 3,820,314,65 510*581,20 0.00 4,330,895.85 49.20% 4,627,043,15 21654479 H422 f 7� Total 30,180,000.00 9.289.142.561 11493,772,51 0,00 10,782,915.07 35,73% 19,397,084-93 539.145.75 McHenry Wastewater Treatment Facility Consolidation ?age 10 1 2 Application Number. 6 A Iicdon Perlod: July1, 2016 to Jul 311 2016 Application Data: Juf 31, 2016 3 A B Work Completed item . •n'ita:4•:.,;{.„c4x• r:4:4}:,x::•;4:.; y,: ,;.:x:.:•;..::s>::<: �.+'< .: ,, ui a>YY}:4+,;..v}:+•}:;.+,.r;tsx'{t•):+Y:4 � r. r y /.•r :t:::• k. .. :..n, \.,5.....n ...:::SS.: ..... n}}, i,.>,{.v .. r. ,.. .4. ,., : ::6;.::^: t .{ .......... .. ...�.. 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'r:C�4' .>.:. ) . • .bs.nv. , v.}.S•: •$;: ! : •:r ••w4•:. ..t }:vri•}:: r.. ..n};c•:: n. r. .. .✓.f. .. ✓.. • aX(: ♦G: :..n:..:......v:.::n ..`:n• E y� O'{n; y� ''11 :C•.{PrifP:� ,s'v �i .% .tom. m• it(1 • ::. r F ,t y � rr44 4'%YA:r• NYOF. .:n... NWN:iK,:61:i7 e •.{ v 2• : :.j. '•o. i :::�f. ..:.. .. ?� ' ..cf�: • G }'w4 `•y�i'i: •\S::NJ%it 4.n.,. , ..?.v'L{; :W ' k4:� ��yy��••yy,,� ••pp,,{(��/ + °'�'K'ff4,q :{ 423 McHenry Wastewater Trea#ment Facility Consolidation Page 1 Partial Waiver OT Lien STATE OF ILLINOIS} } ss, PEORIA COUNTY } TO ALL WHOM iT MAY CONCERN; 08l02/2Q16 WHEREAS, we the undersigned, WILLIAMS BROTHERS CONSTRUCTION 1NC. have been employed by City of McHenry to furnish labor andlor material for the building known as: McHenry Wastewater Treatment Facility Consolidation Situated on Lot: 3306 Waukegan Road and 222 South McHenry Ave McHenry, llllnos in the City of McHenry, County of McHenry and State o#Illinois. NOW, THEREFORE, KNOW YE, That the undersigned, for and inconsideration of One Million Four Hundred Nineteen Thousand Eighty Three and 89/100 $10419,083289 Dollars, the receipt where of is hereby acknowledged, do hereby waive and release any an all lien, or claim, or right of lien on said above described building and premises under the An Act to Revise the Law !n Relation to Mechanic's Liens," approved May 18, 1903 in force July 1, 1903 together with all amendments thereto and all the lien laws of the State of Illinois, on account of labor and materials, or both, furnished or which may be furnished by the undersigned to or on account of the said City of McHenry for said building and premises through July 31, 2016 GIVEN under our hands and sealed this 2nd day of August, 2016 WILLIAMS BROTHERS CONSTRUCTION INC. {SEAL) By; Smith, Treasurer "enry Wastewater Treatment Faa ty Consokdation Page 1 111 1If ,III _ WPAJA 1 11 1 11 , If ' :! 111 II 1 It 1 f, SM 1 i t 1 11 I I i l IF !i I11 1 14 i II Mir —:1 .111, 111 :1 Iti _• — : 1 I/ 1 11 1 Ii �i fir-mcir — .:. may' •�.�A�I :. 1 �L 11111. 11 1It 111 ,/S� MEN •, 111 H 1, 1 1 11 1 11 SOMER.:11aIt /1 —� .L n — — 111 i l :i .LI i1 1. i l/ :11Ll li 111 II 1 f i 1 i i 1�, —Yl1�M.IW �. ��t f�� l: :fit li ~ �w , 11 1 1, 111 1 11 ,• �. •. . 1 11 11 111 It 11��,11111,,� ! 11 1 11 1 II PARTIAL WAIVER OF MECHANICS LIEN AND PAYMENT BOND CLAIM 9477486 State of U--1t-�-Oi5 ) . County ofG TO ALL WHOM IT MAX CONCERN: WHEREAS, the undersigned, Advanced Automation and has been employed ley Williams Brothers Construction Inc to furnish labor and/or materials including all extra work (including both oral or written change orders), according to plans and specifications, as may have been amended orally or in writing, for the premises and project known as: McHenry WWTP 222 S McHenry Avenue Located at McHenry County of McHenry and State of Illinois (the "Project") of which City of McHenry is the owner. NOW THEREFORE, THE UNDERSIGNED, who represents that he/she is authorized to give and execute this Partial Waiver of Mechanics Lien and Payment Bond Claim for and in consideration of *246* thousand *656* dollars and no cents $246,65$.00 and other good and valuable considerations, the receipt whereof is hereby acknowledged, does hereby waive and release: (a) any and all lien or claim or right of lien under the Statutes of the State of Illinois relating to Liens Against Public Funds on the monies, bonds or warrants due or about to become due from the owner on account of labor or services, material, fixtures, apparatus, equipment or machinery heretofore furnished by the undersigned for the above described premises; and (b) any and all claims or rights under any payment bond furnished by Williams Brothers Construction Inc. covering said project or under the Illinois Public Construction Bond Act, as now or hereafter amended, to the extent said Act is applicable. This Release shall apply only to the extent of consideration paid as recited above and not for any other dollar amount. 16 Given under our Hand and seal this ! 'I day of 20� Title: lti�Y'�Si�P �^ State of �t-�-� t�D 1S County of A yy Subscribed and sworn to before me this ary PuNlic KELLY K MILANO oFfICIAI SEAL_ 'Notary Public. Slate o1 Illinois �. My Cof-i 09IOn EXPires ��x�, �►itian �� r�cl�xxc� r,selt BRYM�NT sczaf cLsx�s 9d79406 St ato of �.. ,-----�p_x t ) County df,. ! Ark l� -}.!g TO Ri,L ilEtoH IT !!AY CY7:tC6RH 0 NN6AEA$r the undorafgnesi,CN.0 Rnbar has b¢en employed by Hilliama arothera Construction Inc to furnish labor and/or mterials including all extra stork (including both oral or written change ordora), acoordinu to Plana and apocificntions, as may have been amended orally or In writing, for the promises and project known ant McHenry WWTP 222 s Ho!lonry Avonue Located atlSoNonry , County of McHenry and 5tata of #Ilin�sis (the "Prrjeat") of which City of McHenry I is the owner. ligN TNEAEF17CtE, 7'tiE UNDER91GNEp, who xopreaantg tbnt helahe is aut:Morixed tp give and execute this Partial Waiver of Mechanics Lien. and Payment .pond Clain for and in eonsid4rat49n of Sixteen thousand dollars and no cants $16,Roo.Do and other good and valuable consideration$, the reoeipt whereof is herzby acknowledgodr dons hereby waive and release: (a) any and all lien or claim or right of lien under the $ta tutes of the State of I111noid relating to Lions Against public Funds on the nonias, bands or warrants du$ or about to Wcome due from the owner on account of labor or nervica6, rsaterial, fixtures, apparatus, equipment or machinery heratofora furnished by the undorsignad for the abovo d000ribed prev.l.aes; and (b) any and all elair;s or rights onder any payment bond tornishod by i#illiams nrother4 Construction Inc, covering said project or under the Illinois Public Construction Bond Rot, as now or hercaftor amended, to the extent said Rot in applicable,•.• This Release shall, apply only to the extant of consideration paid as recited above and not for any other dollar amount}* . Given under our hand and seal this 5 '' day of c --MO, 201160 State of t �,�C� County of 1 l and into this a io,ro bafor e Notary M1ic flotary Public, State of texas ,A, t MYC6Mtni55lon1Expifes Z; At of A�0 . July 02, 2018 nu+ i�t . :.• .. f i p� � or fees Lxax � gamer norm ¢�►nt 9179485 state of Al) f$s County of ) 'LY3 ALL WHOM IT KhY CONCEMI; MBEif�ilSi the undersigned, CMC hebar has bran ergsloycd by 4tiliiam3 Brother* construction Ina to furnish labor ant}/or materials including all extra work (including both oral or written change orders), acoording to plans and apecifications+ as may have been sm9wed orally or in writing, for the promises and project known aas KcHenry WRT? 222 S McHenry Avenue i.ocated at ri�}ency , county of 1icN9nry and stater of 'xilinois (the "project") of Hhich City of McHenry is the owner. KGH 1YiEREFOItEr 7HS VNDBE�$IGMEO, who reprasent9 that ha/she in authorised to give and execute thin Partial Waiver of !Mechanics Lien and Payaant Bond Claim £or and in cons idexation of t123• thousand dollar$ and no cents 4123400a0U and other goad and valuable considerations: the receipt whoroof is hereby acknowiedgad, loan hereby waive and releasri. (a) any and all lion or claim or right of lien under the Statutes of the State of Illinois relating to Liens Against public Funds on the monios, bonds or rtaxrants due or about to becone due from the owner on account of labor or services, matcrial, fixturest apparatus, equipment or rtdchiAory heretofore furnished by the vPavrsigned for tho above described premises; and (h) any and all claims or ri•ghto under any payment bond furnished by Hilliam Brothers UonstrUctien 1Cm oovering said project or under the Illinois lublic Construction bond Acts as now or hereafter amended# to the extent. aaid at in applicaKa, :••:::+: ""' Thi ftoleast3 0611 &P,O1Y •only to the extent' of consideration paid as recited above and not for any other dollar amount. Oivdn under our hand and seal thin � day of , 20 f�I�yRjV'u , a ....ate ... .. ................ Su4saceibed •yr� .. • notary'public �/ �!�i l: ::�.:'.�r•.. ..jii',.tt ,3_ _ arc:%:. ._ 019 a- MA7-1 rda . PARTIAL WAIVER OF MECHANICS LIED? AND PAYMENT BOND CLAIM 9597986 State of {^ - ) ss County ou " TO ALL WHOM IT MAY CONCERN: WHEREAS, the undersigned, Diamond Masonry of IL, Inc. has been employed by Williams Brothers Construction Inc to furnish labor and/or materials including all extra work (including both oral or written change orders), according to plans and specifications, as may have been amended orally or in writing, for the premises and project known as: McHenry WWTP 222 S McHenry Avenue Located at McHenry County of McHenry and State of Illinois {the "Project") of which City of McHenry is the owner. NOW THEREFORE, THE UNDERSIGNED, who represents that he/she is authorized to give and execute this Partial Waiver of Mechanics Lien and Payment Bond Claim for and in consideration of Nine hundred fifty dollars and no cents $950.00 and other good and valuable considerations, the receipt whereof is hereby acknowledged, does hereby waive and release: (a) any and all lien or claim or right of lien under the Statutes of the State of Illinois relating to Liens Against Public Funds on the monies, bonds or warrants due or about to become due from the owner on account of labor or services, material, fixtures, apparatus, equipment or machinery heretofore furnished by the undersigned for the above described premises; and (b) any and all claims or Kights under any payment bond furnished by Williams Brothers Construction Inc. -covering said project or under the Illinois Public Construction Bond Act, as now or hereafter amended, to the extent said Act is applicable. This Release shall apply only to the extent of consideration paid as recited above and not for any other dollar amount. Given under our hand and seal this day of 20' Diamond Masonry of IL, Inc. By: l PARTIAL WAIVER OF MECHANICS LIEN AND PAYMENT BOND CLAIM 9472486 State of 101mv ) )ss County of 3) TO ALL WHOM IT MAY CONCERi�I: WHEREAS, the undersigned, Doors Inc. has been employed by Williams Brothers Construction Inc to furnish labor and/or materials including all extra work (including both oral or written change orders), according to plans and specifications, as may have been amended orally or in writing, for the premises and project known as: McHenry WWTP 222 S McHenry Avenue Located at McHenry County of McHenry and State of Illinois (the "Project") of which City of McHenry is the ownera d tire and NOW THEREFORE, THE UNDERSIGNED, who represents that he/she is authorizeo gi execute this Partial Waiver of Mechanics Lien and Payment Bond Claim for and in consideration *42* thousand *655* dollars and no cents $42,655.00 and other good and valuable considerations, the receipt whereof is hereby acknowledged, does hereby waive and release: (a) any and all lien or claim or right of lien under the Statutes of the State of Illinois relating to Liens Against Public Funds on the monies, bonds or warrants due or about to become due from the owner on account of labor or services, material, fixtures, apparatus, equipment or machinery heretofore furnished by the undersigned for the above described premises; and (b) any and all claims or rights under any payment bond furnished by Williams Brothers Construction Inc. covering said project or under the Illinois Public Construction Bond Act, as now or hereafter amended, to the extent said Act is applicable. This Release shall apply only to the extent of consideration paid as recited above and not for any other dollar amount. j (,, 4 Given under our hand and seal this tday of —' 20 I W' County of C•C7� Subscribed and sworn to before me this Notary Public of PARTIAL WAIVER OF MECHANICS LIEN AND PAYMENT BOND CLAIM 9470486 State of Illinois ) Cook )ss County of ) Td ALL WHdM IT MAY CONCERN: WHEREAS, the undersigned, Gateway Construction Co. Inc. has been employed by Williams Brothers Construction Inc to furnish labor and/or materials including all extra work (including both oral or written change orders), according to plans and specifications, as may have been amended orally or in writing, for the premises and project known as: McHenry WWTP 222 S McHenry Avenue Located at McHenry County of McHenry and State of Illinois {the "Project") of which City of McHenry is the owner. NOW THEREFORE, THE UNDERSIGNED, who represents that he/she is authorized to give and execute this Partial Waiver of Mechanics Lien and Payment Bond Claim for and in consideration of *67* thousand *331* dollars and 25 cents $671331.25 and other good and valuable considerations, the receipt whereof is hereby acknowledged, does hereby waive and release: (a) any and all lien or claim or right of lien under the Statutes of the State of Illinois relating to Liens Against .Public Funds on the monies, bonds or warrants due or about to become due from the owner on account of labor or services, material, fixtures, apparatus, equipment or machinery heretofore furnished by the undersigned for the above described premises; and (b) any and all claims or rights under any payment bond furnished by Williams Brothers Construction Inc. covering said project or under the Illinois Public Construction Bond Act, as now or hereafter amended, to the extent said Act is applicable. This Release shall apply only to the extent of consideration paid as recited above and not for any other dollar amount. Given under our hand and'seal tYiis"` Sth _ day of �JuIv 20 16 State of T1 � inns s County of ��_ _ Subscribed and w � Nota y rissionExpires EN 7 Gatewa�f/�onstructi Title: J .1 Inc. Treasurer PARTIAL WAIVER OF MECHANICS LIEN AND PAYMENT BOND CLAIM State of )ss County of TO ALL WHOM IT MAY CONCERN: 9453486 WHEREAS, the undersigned, Hayes Mechanical Inc. has been employed by Williams Brothers Construction Inc to furnish Labor and/or materials including all extra work (including both oral or written change orders), according to plans and specifications, as may have been amended orally or in writing, for the premises and project known as: McHenry WWTP 222 S McHenry Avenue Located at McHenry , County of McHenry and State of Illinois (the "Project") of which City of McHenry is the owner. N4Y7 THEREFORE, THE UNDERSTGNED, who represents that heJshe is authorized to give and execute this Partial Waiver of Mechanics Lien and Payment Bond Claim for and in consideration of *147* thousand *23* dollars and no cents $147,023.00 and other good and valuable considerations, the receipt whereof is hereby acknowledged, does hereby waive and release: (a) any and all lien or claim or right of lien under the Statutes of the State of Illinois relating to Liens Against Public Funds on the monies, bonds or warrants due or about to become due from the owner on account of labor or services, material, fixtures, apparatus, equipment or machinery heretofore furnished by the undersigned for the above described premises; and (b) any and all claims or rights under any payment bond furnished by Williams Brothers Construction Inc. covering said project or under the Illinois Public Construction Bond Act, as now or hereafter amended, to the extent said Act is applicable. This Release shall apply only to the extent of consideration paid as recited above and not for any other dollar amount. Given under our hand and seal this ZZ day of 20 W Haves.Mechanical Inc. Title: G.q • - - {?tHctal Seal State of Jenniiet Van Meter ry.P-ublto a+ate of {fAnoEs County of Comm"lon Expires 0712912 Subscribed and sworn to before me this Z11a � /2 Public PARTIAL WAIVER OF MECHANICS LIEN AND PAYMENT BOND CLAIM 94574$6 State of ) �� )ss County C) � } TO ALL WHOM IT MAY CONCERN; WHEREAS, the undersigned, Homestead Electric, Inc. has been employed by Williams Brothers Construction Inc to furnish labor and/or materials including all extra wovk (including both oral or written change orders), according to plans and specifications, as may have been amended orally or in writing, for the premises and project known as: McHenry WWTP 222 S McHenry Avenue Located at McHenry ICounty of McHenry and State of Illinois {the "Project") of which City of McHenry is the owner. NOjd THEREFORE, THE i7NDERSIGNED, who represents that he/she is authorized to give and execute this Partial Waiver of Mechanics Lien and Payment Bond Claim for and in consideration of *90* thousand *440* dollars and 95 cents $901440.95 and other good and valuable considerations, the receipt whereof is hereby acknowledged, does hereby waive and release: (a) any and all lien or claim or right of lien under the Statutes of the State of Illinois relating to Liens Against Public Funds on the monies, bonds or warrants due or about to become due from the owner on account of labor or services, material, fixtures, apparatus, equipment or machinery heretofore furnished by the undersigned for the above described premises; and (b) any and all claims or rights under any payment bond furnished by Williams Brothers Construction Inc. covering said project or under the Illinois Public Construction Bond Act, as now or hereafter amended, to the extent said Act is applicable. This Release shall apply only to the extent of consideration paid as recited above and not for any other dollar amount. Given under our hand and seal this , day of r 20 f� Homesteacy)Electric, Ind. State of County of Subscribed and sworn to before me this . �. Notary PARTIAL WAIVER OFMECHANICS LIEN AND PAYMENT BOND CLAIM 995748b State of )ss County of ) Tp ALL WHpM IT MAY CONCERN: WHEREAS, the undersigned,Homestead Electric, InC. has been employed by Williams Brothers Construction Inc to furnish labor and/or materials including all extra work (including both oral or written change orders), according to plans and specifications, as may have been amended orally or in writing, .for the premises and project known as: McHenry WWTP 222 S McHenry Avenue Located at McHenry , County of McHenry and State of Illinois (the "Project") of which City of McHenry is the owner. NOW THEREFORE, THE UNDERSIGNED, who represents that helshe is authorized to give and execute this Partial Waiver of Mechanics Lien and Payment Bond Claim for and in consideration of *75* thousand *810* dollars and no cents $75,810.00 and other good and valuable considerations, the receipt whereof is hereby acknowledged, does hereby waive and release: (a) any and all lien or claim or right of lien under the Statutes of the State of Illinois relating to Liens Against Public Funds on the monies, bonds or warrants due or about to become due from the owner on account of labor or services, material, fixtures, apparatus, equipment or machinery heretofore furnished by the undersigned for the above described premises; and (b) any and all claims or rights under any payment bond furnished by Williams Brothers Construction Inc. covering said project or under the Illinois Public Construction Bond Act, as now or hereafter amended, to the extent said Act is applicable. This Release shall apply only to the extent of consideration paid as recited above and not for any other dollar amount. Given under our hand and seal this �� day of , 20 147. State of County of Subscribed and sworn to before me this Notary is Homeste Title: Electric P1RTIA7, WAIVER OF MECHANICS LIEN AND PAYMENT BOND CLAIM 9454486 State of _ _Dre c} }ss County of�.N TO ALL WHOM IT MAX CONCERN; WHEREAS, the undersigned, Hydro International has been employed by Williams Brothers Construction Inc to furnish labor and/or materials including all extra work (including both oral or written change orders), according to plans and specifications, as may have been amended orally or in writing, for the premises and project known as; McHenry WWTP 222 S McHenry Avenue Located at McHenry , County of McHenry and State of Illinois (the "Project"} of which City of McHenry is the owner, NOW fiHEREFORE, THE UNDERSIGNED, who represents that he/she is authorized to give and execute this Partial Waiver of Mechanics Lien and Payment Bond Claim for and in consideration of *856* thousand *797* dollars and 40 cents $856,797.40 and other good and valuable considerations, the receipt whereof is hereby acknowledged, does hereby waive and release; (a) any and all lien or claim or right of lien under the Statutes of the State of Illinois relating to Liens Against Public Funds on the monies, bonds or warrants due or about to become due from the owner on account of labor or services, material, fixtures, apparatus, equipment or machinery heretofore furnished by the undersigned for the above described premises, and (b) any and all claims or rights under any payment bond furnished by Williams Brothers Construction Inc. covering said project or under the Illinois Public Construction Bond Act, as now or hereafter amended, to the extent said Act is applicable. This Release shall apply only to the extent of consideration paid as recited above and not for any other dollar amount. Given under our hand and seal this Hy International County of Subscribed and sworn to before me this PARTIAL WAIVER OF MECHANICS LIEU AND PAYMENT BOND CLAIM 9547486 State of )s County of ) TO ALL WHOM IT MAY CONCERN; WHEREAS, the undersigned, Kelley Dewatering & has been employed by Williams Brothers Construction Inc to furnish labor and/or materials including all extra work (including both oral or written change orders), according to plans and specifications, as may have been amended orally or in writing, for the premises and project known as: McHenry WWTP 222 S McHenry Avenue Located at McHenry , County of McHenry and State of Illinois {the "Project"} of which City of McHenry is the owner. NOV7 THEREI±ORE, THE iJNDERSIGNED, vrho represents that he/she is authorized to give and execute this Partial Waiver of Mechanics Lien and Payment. Bond Claim for and in consideration of *22* thousand *360* dollars and 62 cents $22,360.62 and other good and valuable considerations, the receipt whereof is hereby acknowledged, does hereby waive and release: (a) any and all lien or claim or right of lien under the Statutes of the State of Illinois relating to Liens Against Public Funds on the monies, bonds or warrants due or about to become due from the owner on account of labor or services, material, fixtures, apparatus, equipment or machinery heretofore furnished by the undersigned for the above described premises; and (b) any and all claims or rights under any payment bond furnished by Williams Brothers Construction Inc. covering said project or under the Illinois Public Construction Bond Act, as now or hereafter amended, to the extent said Act is applicable. This Release shall apply only to the extent of consideration paid as recited above and not for any other dollar amount. Given under our hand and seal this „iY k day of SO( , 20�. e � State of � County of Subscribed and sworn to before me this Notary Public My Comzliss Acting in the ^; Kelley Dewatering & Title. HCTASYPt1BLi{1vRvc+nnxEH —.� srnr� oi± �IrcHtcanr My CommisstogNYY OF•KENT ling ;n the County of March fq, 2420 PARTIAL WAIVER OF MECHANICS LIEN AND PAYMENT BOND CLAIM 9546486 State of Illinois ) )ss County of Tazewell ) TO ALL WHOM IT MAY CONCERN: WHEREAS, the undersigned, G.A. Rich & Sons, Inc. has been employed by Williams Brothers Construction Inc to furnish labor and/or materials including all extra woxk (including both oral or written change orders), according to plans and specifications, as may have been amended orally or in writing, for the premises and project known as: McHenry WWTP 222 S McHenry Avenue Located at McHenry , County of McHenry and State of Illinois (the "Project") of which City of McHenry is the owner. NpV7 THEREFpRE, THE UNDERSIGNED, who represents that he/she is authorized to give and execute this Partial Waiver of Mechanics Lien and Payment Bond Claim for and in consideration of *414* thousand *819* dollars and 02 cents $414,819.02 and other good and valuable considerations, the receipt whereof is hereby acknowledged, does hereby waive and release: (a) any and all lien or claim or right of lien under the Statutes of the State of Illinois relating to Liens Against Public Funds on the monies, bonds or warrants due or about to become due from the owner on account of labor or services, material, fixtures, apparatus, equipment or machinery heretofore furnished by the undersigned for the above described premises; and (b) any and all claims or rights under any payment bond furnished by Williams Brothers Construction Inc. covering said project or under the Illinois Public Construction Bond Act, as now or hereafter amended, to the extent said Act is applicable.' This Release shall apply only to the extent of consideration paid as recited above and not for any other dollar amount. Given under our hand and seal this 12th day of Jul 2016-_' State of Illinois County of Taz�i[P7 � Subscribed and sworn to before me 7)r�N�Otary Public G.A. Rich & Sons, Inc. Title: President this 7i12/16 OFFIGIAt_ SCAL Jl1DY G ST�CHMAN NOTARY PU(3L1C STRTf OF fILiNOIS t.lY COIriN11SS10N EXPJRES:02104119 PARTIAL WAIVER OF MECHANICS LIEN AND PAYMENT BOND CLAIM 9487486 State of AL6(4 )ss County of 6yJ? (A e ) TO ALL WHOM IT MAY CONCERN: WHEREAS, the undersigned,RW Gate Company has been employed by Williams Brothers Construction Inc to furnish labor and/or materials including all extra work (including both oral or written change orders), according to plans and specifications, as may have been amended orally or in writing, for the premises and project known as: McHenry WWTP 222 S McHenry Avenue Located at McHenry , County of McHenry and State of Illinois (the "Project") of which City of McHenry is the owner. NOW THEREFORE, THE UNDERSIGNED, who represents that he/she is authorized to give and execute this Partial Waiver of Mechanics Lien and Payment Bond Claim for and in consideration of *143* thousand *473* dollars and 75 cents $143r473.75 and other good and valuable considerations, the receipt whereof is hereby acknowledged, does hereby waive and release: (a) any and all lien or claim or right of lien under the Statutes of the State of Illinois relating to Liens Against Public Funds on the monies, bonds or warrants due or about to become due from the owner on account of labor or servieesr material, fixtures, apparatus, equipment or machinery heretofore furnished by the undersigned for the above described premises; and (b) any and all claims or rights under any payment bond furnished by Williams Brothers Construction Inc, covering said project or under the Illinois Public Construction Bond Act, as now or hereafter amended, to the extent said Act is applicable, This Release shall apply only to the extent of consideration paid as recited above and not for any other dollar amount. Given under our hand and seal this day of J it h 20 /Cp. RW Gate Company Title: D e�-- State County of Pi'1�SS,p �-' Subscribed and sworn to before me this Notary E+ubl(i.c PATRIClA. TOFrECAARq NOTARY PUBtIC•STArE OF NEW YORK No. O1 TOb2$269b Qualllled in Rensselaer County My Commission Expires May 28, 2017 PARTIAL WAIVER OF LIEN STATE OF ILLINOtS COUNTY OF MCHENRY TO WHOM IT MAY CONCERN: WHEREAS the undersigned has been employed by WILLIAMS BROTHERS CONST. to furnish . READY MIX MATERIAL for the premises known as MCHENRY WWTP, 222 S. MCHENRY AVENUE, MCHENRY, IL of which CITY OF MCHENRY Gty # is fhe owner. The undersigned, for and In consideration of ONE HUNDRED FORTY THREE THOUSAND THREE HUNDRED TWENTY EIGHTAND 51/100 ($ 143,328.51 }Dollars, and ofhergood and valuable consideration, the receipt whereof is hereby acknowledged, doles} hereby waive and retease any and all lien or claim of, or right io, lien, under the statutes of the State of Illinois, relating fo mechanic's funs, with respect to and on said above -described premises, and the improvements thereon, and on the material, fixtures, apparatus or machinery furnished, and on the moneys, funds or other considerations due from the owner, on account of labor, services, material, fixtures, apparatus or machinery, parlialty furnished to this date by the undersigned for the above -described premises, INCLUDING EXTRAS' DATE DUNE 30, 2016 SIGNATURE AND TITLE' COMPANY NAME POINT READY MIX, LLC 5435 L VA Y R , STE 130, MCHENRY, IL 60050 OFF[CE MANAGER CONTRACTOR'S AFFIDAVIT STATE OF 1LLINOtS COUNTY OF MCHENRY TO WHOM IT MAY CONCERN: THE UNDERSIGNED,(NAME} SHELLY DENKOV AND SAYS THAT HE OR SHE 15 (POSITION) OFFICE MANAGER (COMPANY NAME) POINT READY MIX, LLC CONTRACTOR FURNtSHIN READY MIX MATERIAL BEING DULY SWORN, DEPOSES LOCATED AT MCHENRY WWTP, 222 S. MCHENRY AVENUE, MCHENRY, IL OWNED BY CITY OF MCHENRY C�]ia WHO IS THE WORK ON THE BUILDING That the iotal amount of the contract including extras is $ on which he has received payment of S -0- prior fo this payment. Thai all waivers are true, correck and genuine and delivered unconditionally and that there is no claim either legal or equitable to defeat the validity of said waivers. That the following are the names of all parties who have furnished material or labor, or both for said work and all pariies having contracts or sub contracts for specific portions of said work ar far material entering info the construction thereof and the amount due to each, and that the items mentioned inGude all labor and material required to complete said work according io plans and ALL MATERIAL FROM FULLY PAID STOCK AND DELIVERED IN OUR TRUCKS. DATE JUKE 30, 2016 S1GNA SUBSCRIBED AND SWORN TO BEFORE ME THIS 30TH DAY OF JUNE, 2016 'EXTRAS INCLUDE BUT ARE NOT LIMITED TO CHANGE ORDERS. BOTH ORAL AND WRITTEN. TO THE CONTRACT. ' THEftESA M ABROi�AA(T!S NOTARY PUBLIC -STATE OF ILLINOIS F,9Y C01StAISSION EXPIRaiS:11i30l1t3 PARTIAL WAIVER OF LIEN STATE OF ILLINO[S COUNTY OF TO WHOM IT MAY CONCERN: WHEREAS the undersigned has been employed by WILLIAMS BROTHERS CONST, to furnish READY MIX MATERIAL for the premises known as MCHENRY WWTP, 222 S. MCHENRY AVENUE, MCHENRY, IL A which CITY OF MCHENRY Gty Loan # is the owner. The undersigned, for and in consideration of TWENTY FOUR THOUSAND SEVEN HUNDRED EIGHTY SIX AND 92/100 {$ 24,786.92 ) Dollars, and other good and valuable consideration, the receipt whereof is hereby acknowledged, do(es) hereby waive and release any and all lien or claim of, or right to, lien, under the statutes of the State of Illinois, relating to mechanic's liens, with respect to and on said above -described premises, and the improvements thereon, and on the material, fixtures, apparatus or machinery furnished, and on the moneys, funds or other considerations due from the owner, on account of labor, services, material, fixtures, apparatus or machinery, partially furnished to this date by the undersigned for the above•described premises, INCLUDING EXTRAS.* DATE MAY 26, 2016 COMPANY NAME SIGNATURE AND TITLE SIMEWiffm CONTRACTOR'S STATE OF iLLINOIS COUNTY OF TO WHOM IT MAY CONCERN: PAINT READY MIXLLC , VALLEY RD, STE 130, MCHENRY, !L 60050 THE UNDERSIGNED,{NAME} SHELLY DENKOV AND SAYS THAT HE OR SHE IS (POSITION) OFFICE MANAGER (COMPANY NAME} POINT READY MIX, LLC CONTRACTOR FURNISHIN READY MIX MATERIAL OFFICE MANAGER AFFIDAVIT BEING DULY SWORN, DEPOSES LOCATED AT MCHENRY WWTP, 222 S. MCHENRY AVENUE, MCHENRY, IL OWNED BY CITY OF MCHENRY OF WHO IS THE WORK ON THE BUILDING That the total amount of the contract including extras is $ on which he has received payment of $ -0- prior to this payment. That all waivers are true, correct and genuine and delivered unconditionally and that there is no claim either legal or equitable to defeat the validity of said waivers. That the following are the names of all parties who have famished materia! or labor, or both for said work and all parties having contracts or sub contracts for specific portions of said work or for material entering into the construction thereof and the amount due to each, and that the items mentioned include aft labor and material required to complete said work according to plans and PRICE AMOUNT PAID THIS PAYMENT BALANCE ALL MATERIAL FROM FULLY PAID STOCK AND DELIVERED IN OUR TRUCKS. SUBSCRIBED AND SWORN TO BEFORE ME THIS 26TH DAY OF MAY, 2098 � f *EXTRAS INCLUDE BUT ARE NOT LIMITED TO CHANGE ORDERS. SOTH.ORAL AND WRliTEN, TO THE CONTRACT. NOTARY THERESA M ABftOMA1TIS NOTARY > UBf.IC - SiATE OF' IlLIN01S MY CO`rihiISSION EXPIRES,11J30Jf8 PARTIAL WAIVER OF LIEN STATE OF ILLINOIS COUNTY OF MCHENRY TO WHOM IT MAY CONCERN: WHEREAS the undersigned has been employed by WILLIAMS BROTHERS CONSTRUCTION, INC. to furnish READY MIX MATERIAL for the premises known as MCHENRY WWTP, 222 S. MCHENRY AVE., MCHENRY, IL of which CITY OF MCHENRY Gty Loan # is the owner. The undersigned, for and in consideration of TWENTY NINE THOUSAND THREE HUNDRED NINETY THREE AND N01100 ($ 292393.00 ) Dollars, and other good and valuable consideration, the receipt whereof is hereby acknowledged, doles) hereby waive and release any and all lien or claim of, or right to, lien, under the statutes of the State of Illinois, relating to mechanic's liens, with respect to and on said above -described premises, and the improvements thereon, and on the material, fixtures, apparatus or machinery furnished, and on the moneys, funds or other considerations due from the owner, on account of labor, services, material, fixtures, apparatus or machinery, partially furnished to this date by the undersigned for the above -described premises, INCLUDING EXTRAS.' DATE DUNE 15, 2016 SIGNATURE AND TITLE COMPANY NAME POIN3 READY MIX, LLC BU ALL D, TE 430, MCHENRY, 1L 6fl050 K OFFICE MANAGER CONTRACTOR'S AFFIDAVIT STATE OF ILLINOIS COUNTY OF MCHENRY TO WHOM I7 MAY CONCERN: THE UNDERSIGNED,(NAME) SHELLY DENKOV AND SAYS THAT HE OR SHE IS (POSITION) OFFICE MANAGER (COMPANY NAME) POINT READY MIX, LLC CONTRACTOR FURNISHIN READY MIX MATERIAL LOCATED AT MCHENRY WWiP, 222 S. MCHENRY AVE., MCHENRY, IL OWNED BY CITY OF MCHENRY BE{NG DULY SWORN, pEPOSES OF WHO IS THE WORK ON THE BUILDING That the total amount of the contract including extras is $ on which he has received payment of prior to this payment. That all waivers are true , correct and genuine and delivered unconditionally and that there is na claim either legal or equitable to defeat the validity of said waivers, That the following are the names of all parties who have famished material or tabor, or both for said work and all parties having contracts or sub contracts for specific portions of said work or for material entering into the construction thereof and the amount due to each, and that the Items mentioned include all labor and material required to complete said work according to plans and YMENT ALL MATERIAL FROM FULLY PAID STOCK ANp DELIVERED IN OUR TRUCKS. DATI; JUNE 15, 2016 SIGNA SUBSCRIBED AND SWORN TO BEFORE ME THIS 157H INCLUDE BUT DAY OF JUNE, 201ti NOT LIMITED TO CHANGE ORDERS. DATE: TO: FROM: RE: ATT: Office of the City Administrator Bill Hobson, Deputy City Administrator McHenry Municipal Center CONSENT AGENDA September 6, 2016 Mayor and City Council Bill Hobson, Deputy City Administrator McHenry Recreation Center Construction Change Order #8 & Final Pay Request 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2100 Fax: (815) 363-2119 www.ci.mchenry.il.us Agenda Item Summary: Construction of the McHenry Recreation Center has been successfully completed. Staff is satisfied with the work performed by Stuckey Construction and recommends approval of the attached Change Order #8 in the amount of ($16,632.52) and final payment to Stuckey Construction as recommended by FGM Architects for the final amount of $216,365.73. Background: On March 16, 2015, the City Council approved FGM Architects recommendation to award the contract for construction of the McHenry Recreation Center to Stuckey Construction Company for the amount of $4,145,300. The original amount budgeted for the project was $4,300.000. The Recreation Center opened February 29, 2016, on schedule. Analysis: The net change to the project total due to previously authorized change orders and project add-ons was P68,838A6. The change order presented today in the amount of ($16,632.52) represents the amount of unused contingency. The final total cost of the project is $4,197,505.94, and is less than the original amount budgeted for the project. RECOMMENDATION: If Council concurs, it is recommended a motion is made to approve the change order in the amount of (16,632.52), and final payment to Stuckey Construction in the amount of $216,365.73, as presented. The City of McHenry is dedicated to providing its citizens, businesses, and visitors with the highest quality ofprogrnms and services in acustomer-oriented, efficient, and fiscally responsib/e manner. rum ARCHITECTS July 25, 2016 Mr. Bill Hobson, Deputy City Administrator City of McHenry 333 S. Green Street McHenry, IL 60050 Re: City of McHenry McHenry Recreation Cent � IVED FGM #14-1800.01 Dear Mr. Hobson: JUL 2 7 2016 Enclosed please find the approv I f r Payment No. 13 in the amount of $216,365.73, along with the finalA' Li 04T RgAWLcertified payroll. Please process and forward payment directly to Stuckey Construction. S:\jobs\2014\74-1800.01\ADMIN\7.0 Contract\7.3 PayApps\Hobson PayApp 13 Ltr2016-7-25: ocx FGM ARCHITECTS Shadeology F $690.00 12 Mechanical Concepts F $14,991.29 12 Carrier Corp F $2,800.00 12 Nelson Insulation F $895.50 12 Rab Air Balance F $3,800.00 12 Nelson Fire Protection F $1,789.60 12 Altra Plumbing F $6,799.90 12 Ridgeview Electric F $25,329.01 12 If you have any questions, please contact this office. Sincerely, Michael J. P rto, AIA Project Manager Enclosures S:\jobs\2014\I4-1800.01 \ADMIN\7.0 ContractV.3 Pay Apps\Hobson Poy App 13 Ltr 2016-7-25.docx FUM ARCHITECTS July 25, 2016 Mr. Bill Hobson City of McHenry 333 S. Green Street McHenry, IL 60050 Re: City of McHenry McHenry Recreation Center FGM #14-1800401 Dear Mr. Hobson: Enclosed please find Change Order No. 008 in the amount of ($16,632.52) for the above project. Please review and sign all three originals. Retain one for your files and return two to my attention. We will return one. to Stuckey Construction. If you have any questions, please contact this office. Sincerely, Michael Porto, AIA Senior Associate Enclosures cc S:\jobs\2074\14-1800.01\ADMINV.O Contract\7.4 Change Orders\Hobson Change Order008 Letter.docx y / �3 �E AIA Change Order PROJECT (Name and address): McHenry Recreation Center 3633 Municipal Drive McHenry, IL 60050 TO CONTRACTOR (Name and address) Stuckey Construction Co. 2020 N. Lewis Avenue Waukegan, IL 60087 Document G701 - 2001 CHANGE ORDER NUMBER: 008 DATE: July 18, 2016 ARCHITECT'S PROJECT NUMBER: 14-1800.01 CONTRACT DATE: April 22,2015 CONTRACT FOR: General Construction THE CONTRACT IS CHANGED AS FOLLOWS: (Include, where applicable, any undisputed amount attributable to previously executed Construction Unused Contingency The original Contract Sum was The net change by previously authorized Change Orders The Contract Sum prior to this Change Order was The Contract Sum will be decreased by this Change Order in the amount of The new Contract Sum including this Change Order will be The Contract Time will be increased by Zero (0) days. The date of Substantial Completion as of the date of this Change Order therefore is NOTE: This Change Order does not include changes in the Contract Sum, Contract Time or Guaranteed!M have been authorized by Construction Change Directive until the cost and time have been agreed upon by Contractor, in which case a Change Order is executed to supersede the Construction Change Directive. NOT VALID UNTIL SIGNED BY THE ARCHITECT, CONTRACTOR AND OWNER. FGM Architects Inc. ARCHITECT (Firm name) 1211 W. 22nd Street, Suite 700 Oak Brook, Illinois 60523 ADDRESS BY (Signature Michael•Porto, (Typed mmne) July 18, 2016 DATE Stuckey Construction Co. CONTRACTOR (Finn name) 2020 N. LewisAvenue Waukegan, IL 60087 (Typed name) DATE OWNER (F�rnz� anzE y 333 S. Green Street McHri enry, AIL 60050 ADDRESS, I a OWNER: ARCHITECT: VN OTHER: ❑ $ 4J27;d05494 AIA Document G701� - 2001. Copyright O 1979, 1987, 2000 and 2001 by The American Institute o£ Architects. All rights reserved. WARNING: This AIA° Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution o£ this AIA° Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This draft was produced by AIA software at 09:31:99 on 06/13/2016 under Order No.338256411a l which expires on 10/OB/2016, and is not for resale. User Notes: (911035495) 1 Department of Community & Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.ci.mchenry.il.us CONSENT AGENDA TO: Mayor and City Council FROM: Ross Polerecky, Community Development Director FOR: September 6, 2016 Regular City Council Meeting RE: Adoption of the latest McHenry County Stormwater Management Ordinance. ATT: Agenda Item Summary: In order to effectively enforce and stay in compliance with the McHenry County Storm Water Management program the city must adopt any changes or amendments to the ordinance that are adopted by the county board. Background: On April 5th 2016 McHenry County amended its Stormwater Management Ordinance (SMO). In order for the City to Meet National Flood Insurance Program Minimum Standards and Maintain a Community Certification the city must adopt the most current edition of the ordinance by October 5th 2016. If the City Council concurs it is recommended that a motion be made to adopt an ordinance amending chapter 17 of the City of McHenry Municipal Code to adopt the latest McHenry County Stormwater Management Ordinance as amended on April 5th, 2016. ORDINANCE NO. MC-16- AN ORDINANCE AMENDING CHAPTER 17 OF THE CITY OF MCHENRY MUNICIPAL CODE TO ADOPT THE MCHENRY COUNTY STORM WATER MANAGEMENT ORDINANCE REVISION DATE APRIL 5, 2016 WHEREAS, the City of McHenry, McHenry County, Illinois, is a home rule municipality as contemplated under Article VII, Section 6, of the Constitution of the State of Illinois, and the passage of this Ordinance constitutes an exercise of the City's home rule powers and functions as granted in the Constitution of the State of Illinois. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MCHENRY, MCHENRY COUNTY, ILLINOIS, as follows: SECTION 1: Chapter 17, Article II, Sec. 17-25 of the Municipal Code relating to STORM WATER MANAGEMENT is hereby amended to adopt the revised McHenry County Storm Water Management Ordinance with an effective date of April 5, 2016; attached as Exhibit A. SECTION 3: All ordinances, or parts thereof, in conflict with the terms and provisions hereof, be and the same are hereby repealed to the extent of such conflict. SECTION 4: This ordinance shall be published in pamphlet form by and under the authority of the corporate authorities of the City of McHenry, Illinois and a certified copy of this Ordinance shall be filed with the McHenry County Clerk. SECTION 5.: This ordinance shall be in full force and effect from and after its passage, approval and publication, as provided by law. PASSED and APPROVED this 6th day of September 2016. Voting Aye: Voting Nay: Not Voting: Abstaining: Absent: ATTEST: City Clerk Mayor EXHIBIT A Stormwater Management Ordinance Text Amendments Regarding Various Provisions SMO AMENDMENT #1 Article II, Section B.2.b,(Page 8) b. Any development located partially or completely within the boundary of a wetland or waters; or SMO AMENDMENT #2 Article II1, Section A.3.k.(2) (Page 18) (2) If either the existing building or proposed deck is within a flood hazard area, tThe deck shall be constructed as a stand-alone structure and shall not be attached to an existing building. SMO AMENDMENT #3 Article III, Section B.2.b (Page 22) b. For regulated development disturbing 20,000 square feet or more, the development plan shall be prepared by a licensed professional engineer and include the following additional. information: (1) A benchmark referenced to NAVD88; {44uExisting contours extending 100 feet beyond the development site with a maximum contour interval of 1 foot; {�}�Existing spot elevations demonstrating drainage patterns; {3414ITop of foundation and lowest entry elevation of all existing buildings within 100 feet of the development site; {4}�A11 existing impervious areas such as roadways, structures, parking lots; driveways, sidewalksI pathways, trails; {5}IFEIThe existing Stormwater management system including storm sewers, drain tiles, culverts, and inlets on the development site and 100 feet beyond the development site. Information regarding the invert and rim elevations, pipe sizes, pipe lengths, and material type shall be provided; {-0-}Existing utilities including sanitary sewer, water main, onsite waste disposal system, well, or any other utilities that exist on the site and 100 feet beyond the development site. On development sites where an infiltration facility is proposed, existing water supply wells shall be shown 200 feet beyond the development site. Information regarding the invert and rim elevations, pipe sizes, pipe lengths, and material type shall be provided; {f}12�LLocation and limits of all existing and proposed deed or plat restrictions; Existing trees and vegetation areas on the development site; {�} 10 Proposed contours throughout the interval of 1 foot; development site with a maximum contour {�} 11 Proposed spot elevations demonstrating drainage patterns; {-�} 12 Top of foundation, lowest floor, low opening elevation, and floodproofing elevations of all proposed structures adjacent to a stormwater management facility or along an overland flow path; �} 13 All proposed impervious areas such as roadways, structures, parking lots, driveways, sidewalks, pathways, trails; {1-3} 14 The proposed stormwater management system including pipes, drain tiles, culverts, and inlets on the development site. Information regarding the invert and rim elevations, pipe sizes, pipe lengths, and material type shall be provided; {�4} 15 Proposed utilities including sanitary, storm, water main, onsite waste disposal system, well, or any other utilities on the site. Information regarding the invert and rim elevations, pipe sizes, pipe lengths, and material type shall be provided; {�5-} 16 Design details for proposed stormwater management system including, but not limited to major and minor stormwater systems; and {34-} �1,7 Cross -sections for overland flow paths, sufficient to demonstrate.compliancetyith the freeboard requirements of this Ordinance. SMO AMENDMENT #4 Article III, Section B.2.j (Page 23) jArticle III, Section B.3.a. Disturbance of vegetation shall be kept to a minimum during construction to prevent erosion and sedimentation. The Enforcement Officer may add requirements or conditions as necessary to control soil erosion and sedimentation. SMO AMENDMENT #5 Article V, Section G.3 (Page 35) (3) A Letter of No Impact or a Wetland Determination Report, prepared by a wetland specialist, shall be submitted for all WOTUS and IWMC on the development site, if applicable. O:\STORM WATER\ORDINANCE\2015 Amendments\SMO AMENDMENTS staff added 010716 FOR LEGAL NOTICE.docx Page 2 SMU AMENDMENT #6 Article VI, Section A (Page 37I Table 3. Applicability of Soil Erosion and Sediment Control Performance Standards Requirements for Inspections Development and Basic Disturbing 1 Channel Maintenance Notification Special Requirements acre or More Requirements Requirements Requirements Precautions Type of Development A.1 A.Z A.3 A.4 A.S A.6 (General Permit Waived* Wa+ued.N A Waived* Waived*- Waived* Waived'_ If Channel Minor X N/A Construction. X X X Included If Channel Intermediate X N/A Construction X X X Included If Channel Major X X Construction X X X Included If Channel Public Road X If Dev > 1 ac Construction X X X Included If Channel Mining XS If Dev > 1 ac Construction X X X Included If Channel Flood Hazard Area X If Dev > 1 ac Construction X X X Included If Channel Wetland X If Dev > 1 ac Construction X X X Included * Refer to the Performance Standards and Terms and Conditions of Specified Development of the specific General Permit. O:\STORM WATER\ORDINANCE\2015 Amendments\SMO AMENDMENTS staff added 010716 FOR LEGAL NOTICE.docx Page 3 SMO AMENDMENT #7 Article VI, Section A.4.c. (Page 42) c. For regulated development disturbing 1 acre or more, a qualified inspector (provided by the applicant) shall inspect the development site at the following intervals: (1) Upon completion of installation of soil erosion and sediment control measures (including perimeter controls and diversions), prior to proceeding with any other earth disturbance or grading; (2) After stripping and clearing; (3) After rough grading; (4) After final grading; (5) After seeding and landscaping; (6) After final stabilization and landscaping, prior to removal of sediment controls; (7) At least once every 7 calendar days; and (S) Within 24 hours of the end of a storm that is 0.5 inch or greater rain event or a discharge due to snowmelt. {S}(9)Ins.pections may be reduced to once per month when construction activities have ceased due to frozen conditions. Weekly inspections will recommence when .. . _ construction activities are conducted,.or if there.is.0.5 inch or_greater rain event or a discharge due to snowmelt occurs. SMO AMENDMENT #8 Article VI, Section C.2 (Page 55) 2. Determining the BFE and Limits of a Flood Prone Area a. The BFE shall be determined utilizing one of the following methodologies: ��1FAdding 3 feet to the Flood of Record indicated on the USGS-Hydrologic Investigation Atlas; EIZLAdding 0.5 foot to the surface overflow of a depressional storage area. Where a smaller depressional storage area exists within a larger depressional storage area, the BFE shall be based on the highest surface overflow; or FThe BFE may be determined by a licensed professional engineer using a model or technique identified in Appendix 5 of this Ordinance or otherwise approved by MCSC or IDNR/OWR. gib. The limits of a flood prone area shall be the projection of the BFE onto the development site topography. O:\STORM WATER\ORDINANCE\2016 Amendments\SMO AMENDMENTS staff added 010716 FOR LEGAL NOTICE.docx Page 4 SMO AMENDMENT #9 Article VI, Section C.8.a.(2)iii. (Page 581 iii. Not exceed 0.1 foot upstream flood height increase for the base flood event, except as allowed by the Bridge and Culvert standards of this Ordinance. SMO AMENDMENT #10 Article VI, Section C.9 (Page 58) 9. Additional Standards for Designated Floodways a. The only development in a designated floodwav which will be allowed is an appropriate use, which will not cause a rise in the BFE, and which will not create a damaging or potentially damaging increase in flood heights or velocity or be a threat to public health and safety and welfare or impair the natural hydrologic and hydraulic functions of the floodwav or channel, or permanently impair existing water quality or aquatic habitat. Construction impacts shall be minimized by appropriate mitigation methods as called for in this Ordinance. Only those appropriate uses listed in 17 III. Adm. Code Part 3708 will be allowed The approved appropriate uses are as follows: 1) Flood control structures, dikes, dams and other public works or private improvements relating to the control of drainage, flooding, erosion or water aualitv or habitat for fish and wildlife. 2) Structures or facilities relating to the use of, or requiring access to, the water or shoreline, such as pumping and treatment faces, and faces and improvements related to recreational boating, commercial shipping and other functionally water dependent uses. 3) Storm and sanitary sewer relief outfalls. 4) Underground and overhead utilities. 5) Recreational facilities such as playing fields and trail systems, including any related fencing (at least 50%open when viewed from any one direction) built parallel to the direction of flood flows, and including open air pavilions and toilet facilities (4 stall maximum) that will not block flood flows nor reduce floodwav storage. 6) Detached garages, storage sheds, or other non -habitable accessory buildings that will not block flood flows nor reduce floodwav storage. 7) Bridges, culverts, roadways, sidewalks, railways, runways and taxiways and any modification thereto. O:\STORMWATER\ORDINANCE\2015 Amendments\SMO AMENDMENTS staff added 010716 FOR LEGAL NOTICE.docx Page 6 8) Parking lots built at or below existing grade where either: a) The depth of flooding at the base flood event will not exceed 1.0 foot; or b) The depth of flooding can be greater than 1.0 foot for parkin,= lots used for short-term outdoor recreational use facilities, provided the applicant agrees to restrict access during overbank flooding events and agrees to accept liability for all damage caused by vehicular access during all overbank flooding events. 9) Designated floodwav regrading, without fill, to create a positive non -erosive slope toward a channel. 10) or construction Floodproofing activities to protect previously existing lawful buildings including the construction of water tight window wells, elevating buildings, of floodwalls around residential, commercial or industrial principal buildings where the outside toe of the floodwall shall be no more than 10-feet away from the exterior wall of the existing building, and which are not considered substantial improvements to the building. 11) The replacement, reconstruction, or repair of a damaged building, provided that the outside dimensions are not increased and provided that the Building Protection Standards are met if the replacement, reconstruction, or repair is a substantial improvement or if the building is considered substantially damaged. 12) Modifications to an existing Building that would not increase the enclosed floor area of the building below the BFE, and which will not block flood flows, including but not limited to, fireplaces, bay windows, decks, patios and second story additions. Substantial improvements shall meet the Building Protection Standards. b. Appropriate uses do not include the construction or placement of any new buildings, fill, building additions, buildings on stilts, excavation or channel modifications done to accommodate otherwise non -appropriate uses in the floodwav, fencing (including landscaping or planting designed to act as a fence) and storage of materials except as specifically defined above as an appropriate use. c. Development of an appropriate use will be considered permissible provided that the development meets the following criteria: 1) All effective designated floodwav conveyance lost due to the development will be replaced for all flood events up to and including the base flood event. In calculating effective designated floodway conveyance, the following factors shall be taken into consideration: a) K = (1.486/n)(AR2/3) O:\STORMWATER\ORDINANCE\2015 Amendments\SMO AMENDMENTS staff added 010716 FOR LEGAL NOTICE.docx page 6 where "n" is Manning's roughness factor, "A" is the effective flow area of the cross-section, and "R" is the ratio of the area to the wetted perimeter. b) The same Manning's "n" value shall be used for both existing and proposed conditions unless a recorded maintenance agreement with a federal, state, or local unit of government can assure the proposed conditions will be maintained or the land cover is changing from a vegetative to a non -vegetative land cover. c) Transition sections shall be provided and used in calculations of effective designated floodway conveyance. The following expansion and contraction ratios shall be used (unless alternate ratios are approved by IDNR/OWR) for excavations in the designated floodway, between cross -sections with rapid expansions and contractions, and when matching the designated floodway boundary on an adjoining propertV: Water will expand no faster than at a rate of 1 horizontal foot for every 4 feet of the flooded stream's length. Water will contract no faster than at a rate of 1 horizontal foot for every 1 foot of the flooded stream's length. Water will not expand or contract faster than 1 vertical Tor every 10 feet of floodEd'st�eam's length. All cross -sections used in the calculations shall be located perpendicular to the flood flows. v. In the design of excavations in the designated floodway, erosion or scour protection shall be provided on land upstream and downstream of proposed transition sections. SMO AMENDMENT #11 Article VI, Section C.13.b.(3) (Page 68) (3) For regulated development in a riverine flood hazard area: Hydraulically equivalent compensatory storage volume shall be provided at ratios at least equal to: (a) 1.5 times the flood storage volume lost or displaced; or (b) 1.2 times the flood storage volume lost or displaced, provided that as -built plans are submitted. ii. For a Public Road Development that cannot reasonably provide the compensatory storage volume required by this Ordinance;: O:\STORM WATER\ORDINANCE\2015 Amendments\SMO AMENDMENTS staff added 010716 FOR LEGAL NOTICE.docx Page 7 al The hydraulically equivalent compensatory storage volume required at a minimum 1:1 ratio may be waived by the Enforcement Officer as long as the total compensatory storage ratio is at least equal to 1:1. The waiver shall be the minimum necessary to afford relief. Any compensatory storage within a designated floodway shall be approved by IDNR/OWR. +�L�the additional compensatory storage volume required beyond a 1:1 ratio may be waived by the Enforcement Officer. The waiver shall be the minimum necessary to afford relief. iii. Any additional compensatory storage volume required beyond a 1:1 ratio may be provided above or below the 10 year flood elevation. iv. The compensatory storage area shall be located in close proximity to the fill area and shall drain freely and openly to the channel. SMO AMENDMENT #12 Article VI, Section C.15 (Page 69) 15. Standards for On -Stream Structures Built for the Purpose of Backing Up Water a. Any water surface profile increase shall: 11 Be contained within the banks of the water body; or _ . 2) Be contained within the development site, property in which the applicant Has an ownership interest, or a deed or plat restriction; or 3) Not exceed 0.1 foot upstream flood height increase for all events up to and includint the base flood event. b. All dams and impoundment structures shall meet the applicable requirements of 17 III. Adm. Code Part 3702 (Construction and Maintenance of Dams). c. If the proposed activity involves a modification of the channel or floodway to accommodate an impoundment, it shall be demonstrated that: 11 The impoundment is determined to be in the public interest by providing flood control, public recreation. or regional stormwater detention;. 2) The impoundment will not prevent the migration of indigenous fish species, which require access to upstream areas as part of their life cycle, such as for spawning; 3) The impoundment will not cause or contribute to degraded water quality or habitat conditions. Impoundment design should include gradual bank slopes, appropriate bank stabilization measure, and a pre -sedimentation basin; and 4) A nonaoint source control plan has been implemented in the upstream watershed to control the effects of sediment runoff as well as minimize the input of nutrients, oil and grease, metals and other pollutants. If there is O:\STORMWATER\ORDINANCE\2016 Amendments\SMO AMENDMENTS staff added 010716 FOR LEGAL NOTICE.docx Page 8 more than one municipality in the upstream watershed, the municipality in which the impoundment is constructed should coordinate with upstream municipalities to ensure comprehensive watershed control. SMO AMENDMENT #13 Article VI, Section C.16 (Page 69) 16. Bridge and Culvert Standards a. Designated Floodways 1) New bridges and culverts a) Any water surface profile increase shall: i. Be contained within the banks of the water body; or ii. Be contained within the development site, property in which the applicant has an ownership interest, or a deed or plat restriction; or b) The proposed structure shall not result in an increase of upstream flood stages greater than 0.1 foot for all flood events up to and including the base flood event; and c) If the proposed construction will increase upstream flood stages greater than 0.1 foot within a designated floodwa.y, the applicant shall contact IDNR/OWR to obtain a permit for a dam or waiver. 2) Reconstruction or modification of existing bridges, culverts and approach roads a) The bridge or culvert and roadway approach reconstruction or modification shall be constructed with no more than 0.1 foot increase in backwater over the existing flood profile for all flood frequencies up to and including the base flood event, if the existing bridge or culvert is not a source of flood damage. b) If the existing bridge or culvert and roadway approach is a source of flood damage to buildings in the upstream floodplain, the applicant's engineer shall evaluate the feasibility of redesigning the structure to reduce the existing backwater, taking into consideration the effects on flood stages on upstream and downstream properties. c) The determination as to whether or not the existing crossing is a source of flood damage and should be redesigned must be prepared in accordance with 17 III. Adm. Code Part 3708 (Floodway Construction in Northeastern Illinois) and submitted to IDNR/OWR for review and concurrence before a permit is issued. O:\STORMWATER\ORDINANCE\2015 Amendments\SMO AMENDMENTS staff added 010716 FOR LEGAL NOTICE.docx Page 9 b. Non -Designated Floodways and Flood Prone Areas 1) New bridges and culverts a) Documentation must be provided that the proposed crossing will not cause demonstrable flood damage; and b) Any water surface profile increase shall: i. Be contained within the banks of the water body; or ii. Be contained within the development site, property in which the applicant has an ownership interest, or a deed or plat restriction; or c� In urban areas, the water surface profile increase would not exceed 0.5 foot at the structure; nor 0.1 foot at a point 1000 feet upstream of the structure, for all flood events up to and including the base flood event, as determined by the horizontal projection of the increase and the slope of the hydraulic grade line for the existing and proposed conditions hydraulic models; or d) In rural areas, the water surface profile increase would not exceed 1.0 foot at the structure, nor 0.5 foot at a point 1000 feet upstream of the structure, for all flood events up to and including the base flood event, as determined by the horizontal projection of the increase and the. slope of the hydraulic grade line for the existing and proposed conditions hydraulic models; and e) Any increase in the average channel velocity would not be beyond the scour velocity of the predominant soil type of the channel; or f) Increased scour, erosion and sedimentation would be prevented by the use of rip -rap or other design measures. 2) Reconstruction or modification of existing bridges, culverts and approach roads a) The reconstruction (including approach roads) shall be no more restrictive to normal and flood flows than the existing bridge or culvert crossing; and b) Documentation must be provided that the existing crossing has not caused demonstrable flood damage. In the case of public projects, certification by a District Engineer of the Department of Transportation's Division of Highways, a County Engineer (if a registered professional engineer), or a Municipal Engineer (if a registered professional engineer) that the existing crossing has not used demonstrable flood damage will be adequate documentation. O:\STORM WATER\ORDINANCE\2016 Amendments\SMO AMENDMENTS staff added 010716 FOR LEGAL NOTICE.docx Page 10 SMO AMENDMENT #14 Appendix 9: McHenry County Watersheds (Page 115) Map of McHenry County depicting the major watersheds of the county including the Crustal Lake sub -watershed boundary. 1 McH-envy County, Illinois Watersheds Fax Kishwaukee _.. T�? McHenry County Watersheds Crystal Lake Watershed Fox-Kishwaukee Watersheds Divide 0 1 Miles N TOWNSHIPS a�,vi�-.w�� •�cmv� � �r»nab O:\STORMWATER\ORDINANCE\2015 Amendments\SMO AMENDMENTS staff added 010716 FOR LEGAL NOTICE.docx Page 13 SMO AMENDMENT #15 Appendix 10a McHenry County Watershed Plans (Page 116) Add Boone -Dutch Creek Watershed to list of plans SMO AMENDMENT #16 Appendix 12: Definitions (Page 126) SMO AMENDMENT #17 Appendix 12: Definitions (Page 130) development: Any man-made change to real estate by private property owners or public agencies including, but not limited to: A. Construction, reconstruction, repair or remodeling, maintenance or placement of a building or any addition to a building, including "ag exempt" buildings; B. Installing a manufactured home on a site, preparing a site for a manufactured home, or installing a recreational vehicle or travel trailer on a site for more than 180 days (if the recreational vehicle or travel trailer is on the site for less than 180 days, it must be fully licensed and ready for highway use); C. Drilling, mining, installing utilities, construction of roads, bridges, or similar projects; D. Demolition of a structure or redevelopment of a site; E. Construction or erection of levees, walls, fences, dams, or culverts; F. Channel modification; G. Filling, dredging, grading, excavating, paving, or other alterations of the ground surface; H. Storage of materials; Extensive removal of vegetation; or J. Any other activity of man that changes the ; height; or velocity of flood or surface water. O:\STORM WATER\ORDINANCE\2016 Amendments\SMO AMENDMENTS staff added 010716 FOR LEGAL NOTICE.docx Page 12 SMO AMENDMENT #18 Appendix 12a Definitions (Page 136) hydrologically disturbed: An area where the land surface has been cleared, grubbed, compacted, graded, excavated, filled or otherwise modified in a manner that changes runoff volumes; or rates, ^ . SMO AMENDMENT #19 Appendix 12: Definitions (Page 143) rural area: The rural area designation within non -designated floodways shall be determined by IDNR/OWR. In flood prone areas, all residential, commercial or other non-residential land uses that are not defined as or included within an Urban Area. as defined by the U.S. Department of Commerce, Census Bureau (USCB) or as approved by the Enforcement Officer. SMO AMENDMENT #20 Appendix 12: Definitions (Page 145) urban area: The urban area designation withirvnon-designated floodways shall be determined by IDNR/OWR. In flood prone areas, any densely developed residential, commercial or other non-residential land uses in Which the U.S. Department of Commerce. Census Bureau (USCB) census block or tract contains a population density of at least 2.500 people. at least 1.500 of which reside outside institutional group quarters or as approved by the Enforcement Officer. Urbanized Areas and Urban Clusters, as defined by the USCB, are subsets of urban areas. A map of all urban areas of the county can be found on the USCB website: http://tigerweb.geo.census.gov/tigerweb/. O:\STORM WATER\ORDINANCE\2015 Amendments\SMO AMENDMENTS staff added 010716 FOR LEGAL NOTICE.docx Page 13 SMO AMENDMENT #21 Appendix 12P Definitions (Page 126) Rearrange location of "agricultural building" definition from after "accessory building" to after "Advanced Identification Wetland Study(ADID)" SM® AMENDMENT #22 Article VI, Section B.S.d.(4)ii (Page 52) ii. Detention within IWMC shall require IWMC mitigation, unless the detention facility is vegetated according to the standards of the Native Plant Guide forStreams and Storm water Facilities in Northeastern Illinois (NRCS, et al.) and the pre -development IWMC is comprised of: (a) Farmed wetlands; (b) Non -farmed wetlands that are not HQAR covered by at least 85% of one or more of the following species: (i) Reed canary grass (Phalaris arundinacea) Purple loosestrife (Lythrum solicaria) -(iii) Common reed (Phragmites australis) (iv) Buckthorn (Rhamnus spp.) (c) Non -farmed wetlands that are not HQAR with a FQI of 7 or less; or {t-} d�Open water that is not HQAR. O:\STORM WATER\ORDINANCE\2015 Amendments\SMO AMENDMENTS staff added 010716 FOR LEGAL NOTICE.docx Page 14 SINIO AMENDMENT #23 Table 1(Page .1 TABLE 1 Regulation of Routine Projects Project Type Exempt General Permit Individual Permit Refer to Appendix 12: Refer to Appendix 12. Building Maintenance Maintenance of Existing N/A Substantial Buildings Improvement Refer to Article III, All Other Development New Single Family Home N/A Section B: General Regulated by Article II, Permit 2 Section B Refer to Appendix 12: 4A Refer to Article III, All Other Development Road Maintenance Maintenance of Roads Section A: General Regulated by Article II, and Trails Permit 1 Section B Refer to Appendix 12: Refer to Article III, All Other Development Trails Maintenance of Roads Section A: General Regulated by Article II, and Trails Permit 1 Section B Refer to Appendix 12: Refer to Article III, All Other Development Driveways Other Maintenance Section A: General Regulated by Article II, Activities Permit 1 Section B Refer to Appendix 12: All Other Development Parking Lots Other Maintenance N/A Regulated by Article II, Activities Section B Refer to Appendix 12: Refer to Article III, All Other Development Culverts, Storm Sewers, Other Maintenance Section A: General Regulated by Article II, and Drain Tiles Activities Permit 1 Section B Refer to Appendix 12: 4/ARefer to Article III, All Other Development Bridges Other Maintenance Section A: General Regulated by Article II, Activities Permit 1 Section B Refer to Appendix 12: Refer to Article III, All Other Development Dredging Other Maintenance Section A: General Regulated by Article II, Activities Permit 1 Section B Refer to Appendix 12: Refer to Article III, All Other Development Removal of an Obstruction Other Maintenance Section A: General Regulated by Article II, Activities Permit 1 Section B Refer to Appendix 12: All Other Development Stormwater Management Other Maintenance N/A Regulated by Article II, Facilities Activities Section B Refer to Article II, All Other Development Gardening and Landscaping Section C: Exempted N/A Regulated by Article II, Development Section B Refer to Article II, All Other Development Tillage and Similar Section C: Exempted N/A Regulated by Article II, Agricultural Practices Development Section B O:\STORMWATER\ORDINANCE\2015 Amendments\SMO AMENDMENTS staff added 010716 FOR LEGAL NOTICE.docx Page 15 Project Type Exempt General Permit Individual Permit Refer to Article II, All Other Development Implementing a NRCS Section C: Exempted N/A Regulated by Article II, Conservation Plan Development Section B Refer to Article II, All Other Development Demolition Section C: Exempted N/A Regulated by Article II, Development Section B Refer to Article II, Refer to Article III, All Other Development Onsite Waste Disposal Section C: Exempted Section A: General Regulated by Article II, Systems and Wells Development Permit 1 Section B Refer to Article II, All Other Development Sewer and Water Service Section C: Exempted N/A Regulated by Article II, Lines Development Section B Refer to Appendix 12: Refer to Article III, All Other Development Underground and Other Maintenance Section A: General Regulated by Article II, Overhead Utilities Activities Permit 1 Section B Refer to Article III, All Other Development Seawalls N/A Section A: General Regulated by Article II, Permit 1 Section B Refer to Article III, All Other Development Shoreline and Streambank N/A Section A: General Regulated by Article II, Stabilization Permit 1 Section B Refer to Article III, All Other Development Boat Docks N/A Section A: General Regulated by Article II, Permit 1 Section B Refer to Article III, All Other Development Signposts, Poles Fencing, N/A Section A: General Regulated by Article II, and Guardrails Permit 1 Section B Refer to Article III, All Other Development Decks N/A Section A: General Regulated by Article II, Permit 1 Section B Refer to Article III, All Other Development Pools N/A Section A: General Regulated by Article II, Permit 1 Section B Refer to Article III, All Other Development Material Storage N/A Section A: General Regulated by Article II, Permit 1 Section B Refer to Article III, All Other Development Wetland Restoration and N/A Section A: General Regulated by Article II, Enhancement Permit 1 Section B O:\STORMWATER\ORDINANCE\2016 Amendments\SMO AMENDMENTS staff added 010716 FOR LEGAL NOTICE.docx Page 16 Table 2 (Page 121 TABLE 2 Summary of General Permit 1 Type of Regulated Development Applicability Authorization Terms and Conditions Underground and Overhead Utilities A.1 A.2 A.3.a, A.3.b Storm Sewer Outfalls, Drain Tile Outfalls, and Outlet Channels A.1 A.2 A.3.a, A.3.c Road Maintenance and Bridges A.1 A.2 A.3.a, A.3.d Sidewalks, Trails, Driveways, and Patios A.1 A.2 A.3.a, A.3.4e Boardwalks A.1 A.2 A.3.a, A.3.ef Seawalls A.1 A.2 A.3.a, A.3.fg Other Shoreline and Streambank Protection A.1 A.2 A.3.a, A.3.gh Minor Non -Commercial Boat Docks A.1 A.2 A.3.a, A.3.#i Signposts, Poles, Fencing, and Guardrails A.1 A.2 A.3.a, A.3.+1 Minor Modification of Culverts, Storm Sewers, and Drain Tiles A.1 A.2 A.3.a, A.3.}k Decks A.1 A.2 A.3.a, A.3 4I Topsoil and Sand Restoration A.1 A.2 A.3.a, A.3.4m Pools A.1 A.2 A.3.a, A.3.4:Rn Replacement Onsite Waste Disposal Systems A.1 A.2 A.3.a, A.3.eo Material Storage A.1 A.2 A.3.a, A.3.ep Dredging A.1 A.2 A.3.a, A.3.-pg Wetland Restoration and Enhancement A.1 A.2 A.3.a, A.3.gr Article III, Section A.3.d (Page 15) d. Maintenance of existing roads and bridges - To be authorized by this General Permit Number 1, maintenance of existing roads and bridges shall meet the following criteria. (1) Rehabilitative maintenance, such as milling and overlaying, that does not increase the impervious area and does not increase the surface elevation. Maintenance also includes increasing.the surface elevation with the following limitations: i. Resurfacing outside flood hazard areas; O:\STORMWATER\ORDINANCE\2015 Amendments\SMO AMENDMENTS staff added 01D716 FOR LEGAL NOTICE.docx Page 17 ii. Resurfacinr. within flood prone areas; . Resurfacing within the flood frinrle, provided the difference between the elevation of the road or bI EiEi surface after resurfacinra and the elevation of the road or bridge surface on the effective date of this Ordinance is not more than two inches. (2) Repair, not including in -kind replacement, of an existing bride outside the designated floodway. O:\STORMWATER\ORDINANCE\2015 Amendments\SMO AMENDMENTS staff added 010716 FOR LEGAL NOTICE.docx Page 18 l7oestile Pr¢Tject 1s the Prue ct a Me vt the General tiee Application Itiev. Sin lrf� Family i', Permit Cored tivnsmt t` Rerluirements- CD Horne" (See Article 111.13.�1 Article 111.B.2 and 3) List of Routine Proiects :I. Un€lergmund ar A*, Overllead Is the Project One Doesffte Project Utilities Meet the Gerteral See Appllcation 2.Storm Sever Outfalls.DriinTile of the Routine �� r T'ermitConditions? Requirernents- Z Outfalls,.ytirl++FOutletChannels 1=1'DjeCtS I.iSie{l �Tn' O (See Article 111.A.1 Article TTi,A w `i. M ainte n:rn:4ri ,21 Vxi lute, F o.vi � ;mt1 this Page? ands) Hntit;a= OFF-t. Sidmtallss,Trails, llriveways, and PatiosBoardwaft mac:. Seawalls � 4 .Other Sharellne msilF Stmatt bank s'r:atvdit111 44w4a r 41. Mincsr Aon4 ornmerdal Boat Doele; 1�[r pia, ignitosb;. Poles, Fencing, .incl Guardrails µlit, M1itior Mlodifirait.inn of Culvr*rL4 , Storm Sewers n,lrw Drain7iles it�t T�+=tics 7cnnrlt uchtr 14F2,TopsoLl-ruclru:Sand Restoration aued nnthe 1z3.1'orrls Gr"ab xt Page a 1,1. Replacement Grrsite Waste Disposal! ysterus (Septic Systems) 1�t5. Material Storage 1=P'. Dredging 1+'.Wctland Re�wratlon a dQ+ Eniti.�nr:+~nrent Runoff Conti-ul Scibim"al Flowchart (Page ' of ? j L• the Development a Minor 17E5 Development Is Stortaacvater Storage Required? (Refer to the Other I.ES Flow.hart on this Page) See RumrFt Caextaal Submittal Requirements - Article VS2, 3a, 3b, Vj. D Sae Runok Cc9ntrol Sttbtnit-.al R_guirement s - Article V.E.'_, s See Re►noE Control 5ctbmit�al Requirements - Article V%s&2- 3 Flv od Hazard Area Submittal i=1ati•; chart (Page 3 of 3) 34a1 the Lto_i-zl�s�9n:ant Inn olve Fill in the Flood Hazard &' Comnensatzlrs• Storase is Not Required Is the Uz.=alocunent EYemgt S from the Ca*noeluatol� Storage R.equiretmnts7 (See iu title il,C 13 (a)) G Szz FloodFia..ard ±�•ea Subntitul Requu�nteru - Ax icle V.F.3: •1; 4tiill tine De4 elCi�1PRY Ilrrolti'z a fiteil�ienQ iR th2 �9 - 5'ES 4rea? v A�gt+s 9stiat I�jpt tiaa�9w^—r Calctllatsan v u Not Required �411Z+ P19K�YOlr 1�., Stn� is Not Required See Flood Hazard :area Seibn]ittdl li2q'1kIr2n72nt5 - St ticlelLF4 1. $ 7 O:\STORMWATER\ORDINANCE\2015 Amendments\SMO AMENDMENTS staff added 010716 FOR LEGAL NOTICE.docx Page 20 `Wetla11ds, VVffMers .Alhk Eutfer:U ea S>abmittal NOWCllall O:\STORMWATER\ORDINANCE\2015 Amendments\SMO AMENDMENTS staff added 010716 FOR LEGAL NOTICE.docx Page 21 HKKR� OF THE FOX RIVE 9 Department of Public Works Jon M. Schmitt, Director 1415 Industrial Drive McHenry, Illinois 60050 Phone: (815) 363-2186 Fax: (815) 363-2214 www.ci.mchenry.il.us CONSENT AGENDA SUPPLEMENT DATE: September 6, 2016 TO: Mayor and McHenry City Council FROM: Jon M. Schmitt, Director of Public Works RE: Public Works Committee Recommendation: Mailbox Ordinance ATT: 1) Mailbox Ordinance 2) Public Works Committee Draft Meeting Minutes Agenda Item Summary: Staff requests City Council to consider approving the attached Mailbox Ordinance per Public Works Committee recommendation. Background: Staff has drafted the attached mailbox ordinance language to address mailbox placement, location, support structure, prohibited structures, removal of future non- conforming mailboxes and mailbox replacement damaged by the city. On June 20, 2016, the Public Works Committee recommended approval of the attached Mailbox Ordinance. RECOMMENDATION: Therefore, if the City Council concurs with the Public Works Committee recommendation, it is recommended to approve the attached Mailbox Ordinance. ORDINANCE NO. MC-16- 4N ORDINANCE AMENDING CHAPTER 21, STREETS AND SIDEWALKS OF THE CITY OF MCHENRY'S MUNICIPAL CODE WHEREAS, the City of McHenry, McHenry County, Illinois, is a home rule municipality as contemplated under Article VII, Section 6, of the Constitution of the State of Illinois, and the passage of this Ordinance constitutes an exercise of the City's home rule powers and functions as granted in the Constitution of the State of Illinois. NOW, THEREFORE, BE IT ORDAINED by the CITY COUNCIL of the CITY OF MCHENRY, McHenry County, Illinois, as follows: SECTION 1: Chapter 21, VI, Sec. 21-91 through 21-96, Administrator: Sec. 21-91. Definitions Streets and Sidewalks, is amended with the addition of Article as follows with the formatting to be coordinated by the City ARTICLE VI CURBSIDE MAILBOXES Curbside Mailbox: Defined as any design made to be served by a carrier from a vehicle on any city, rural or highway contract route. This standard is not applicable to mailboxes intended for door delivery service. Sec.21-92. Mailboxes. A. Only one (1) curbside mailbox per residence or per nonresidential lot may be placed within the city right-of-way except for multiple user mailboxes approved by the United States Postal Service. All curbside mailboxes placed within city right-of-way shall conform to the following regulations: B. Mailbox shall be maintained by the property owner in good condition at all times, including prompt repair of any element in need of repair. C. Mailbox may not be rebuilt, enlarged, or moved unless it is in conformance with the regulations as outlined in this Ordinance. D. Mailbox shall be removed from the city right -of --way immediately after the building it serves has closed or been removed or relocated. E. Mailbox shall be removed from the right -of --way immediately if the city determines in the exercise of its sole discretion that such mailbox poses a particular threat to public safety. Sec. 21-93. Permitted Models. A. Manufacturers whose mailboxes have been approved by the United States Postal Service and that meet United States Postmaster (PMG) guidelines. B. Any curbside mailbox installed as of September 7, 2016, shall conform to the specifications as described herein. Nonconforming mailboxes installed prior to September 7, 2016, must serve an occupied dwelling, business, or institution and may remain at the present location until or unless such mailbox is destroyed, damaged, deteriorated, or not properly maintained. Sec. 21-94. Support Structure. A. Curbside mailboxes permitted within the city right of way shall be mounted on a wooden post no smaller than four (4) inches by four (4) inches and firmly secured in the ground. Alternate materials used for mailbox support structure must be approved by City Administrator and/or Director of Public Works. Use of masonry columns is prohibited. B. As of September 7, 2016, if an existing support structure consists of a masonry column, concrete structure, railroad rails or ties, or object such as but not limited to a tractor wheel, plow blade, milk can, barrel, lawn tractor, or any similar device; under no circumstances shall it be permitted to be reconstructed, replaced, moved, or repaired. C. Structures erected on the parkway to protect mailboxes such as large boulders, steel beams, concrete structures, brick structures or similar devices are prohibited. D. Mailboxes that do not conform to the provisions of this Ordinance shall be removed. Sec. 21-95. Placement Requirements. Placement of curbside mailboxes within any city right -of --way except when required by federal law or regulations for delivery of United States mail, is not permitted. The placement and construction of mailboxes and supporting structures in the public streets shall be deemed a revocable license to the owner and shall confer no property right or interest in the public street, except as provided in this Ordinance. A. Mailboxes and support structures shall be installed within but not closer than six (6) to eight (8) inches from the edge of the street pavement or the back of the street curb where such curb exits. B. The bottom surface of the mailbox shall be not less than forty-one (41) inches and not more than forty-five (45) inches from the ground surface, as illustrated in Figure 1: Figure 1 C. Curbside Mailboxes and support structures shall not be installed within ten (10) feet of the point of curvature at any street intersection as illustrated in Figure 2. Frnpor "Wax, 1111tattattan r.ae+i4:..r Ont�r��trtlo�r _��.w�.11...v1. s......wW M•K�y,.,. [j{y��:.�+.., n. Y s Figure 2 Sec. 21-96. Damaged Mailboxes. A. In the event there is damage to any mailbox that conforms to the standards set forth in this Ordinance as a result of and caused by snow removal activities conducted by the city, the city shall not be responsible for any cost of repair or replacement thereto in excess of fifty -dollars ($50.00). Any such reimbursement of cost to the owner of a damaged mailbox shall be made only upon the presentation of satisfactory evidence of sales receipts for materials used in such repair and replacement. All labor or cost of labor to install or reinstall said mailbox shall be the responsibility of the owner of the mailbox. Mailboxes damaged by the city will be replaced with mailboxes that conform to the standards outlined in this Ordinance. B. The city shall not be responsible for mailboxes damaged or knocked -down by snow coming off the city plow and not a direct result of the plow blade striking the mailbox or support structure. C. Landscaping and planting materials added to the parkway around mailboxes or on parkways will be the sole responsibility of the property owner. SECTION 2: If any section, paragraph, subdivision, clause, sentence or provision of this Ordinance shall be adjudged by any Court of competent jurisdiction to be invalid, such judgment shall not affect, impair, invalidate or nullify the remainder thereof, which remainder shall remain and continue in full force and effect. SECTION 3: All ordinances or parts of ordinances in conflict herewith are hereby repealed to the extent of such conflict. SECTION 4: This Ordinance shall be in full force and effect upon its passage, approval and publication in pamphlet form (which publication is hereby authorized) as provided by law. PASSED AND APPROVED THIS 6- -DAY OF SEPTEMBER 2016. Voting Aye: Voting Nay: Not Voting: Abstain: Absent: Mayor Susan E. Low ATTEST: City Clerk Janice C. Jones Public Works Committee Meeting Report June 20, 2016 Page 5 Chairman Schaefer said he agrees with granting the request with only one designation considered in 2017. He then called for a motion. Alderman Wimmer made a motion, seconded by Chairman Schaefer to grant an exception to the Honorary Street Sign Policy and approve the application for an Honorary Street Designation at the intersection of Reagan Boulevard and Lincoln Road in honor of Deputy Dwight D. Maness with the condition that only one designation is to be considered in 2017. Voting Aye: Wimmer, Schaefer Voting Nay: Glab Not Voting: None Abstaining: None Absent: None Motion carried. Alderman Wimmer suggested the Committee review the Honorary Street Sign Policy at the next Public Works Committee meeting. 6. Discussion on proposed ordinance regulating location and placement of mailboxes, conforming and non -conforming mailboxes replacement of mailboxes damaged by the city, and direction to prepare an Ordnance for the full Council's consideration. Chairman Schaefer asked Director Schmitt to begin the discussion. Director Schmitt referenced two photographs included in the meeting packet of brick mailbox structures constructed by homeowners in city right -of --ways. One of the structures was erected next to a fire hydrant. Director Schmitt is concerned for the safety of a vehicle if it strikes one of these structures and future liability for the city when repairing a water main or sewer break should one occur underneath one of these structures. Superintendent Schweda researched mailbox regulations in other municipalities and developed the proposed language. Chairman Schaefer asked if the mailboxes in the photos were in the city and Director Schmitt said they are located in the Legend Lakes subdivision and there are several more throughout the city. Chairman Schaefer asked if the specifications in the proposed language were too strict. For example, what if you use a round post instead of a 4x4 post and what if you want to have a plastic mailbox? Superintendent Schweda said last year the city received 55 reports of mailboxes damaged by snow plows. In many instances, the mailboxes were not damaged by the plow but fell due to rotting posts. It is very difficult to prove that the city did not cause the damage. Many mailboxes are not properly installed and easily fall when hit by snow. The guidelines should help to eliminate the city's liability. The city reimburses residents up to $50 for mailboxes damaged by the city. Public Works Committee Meeting Report June 20, 2016 Page 6 Director Schmitt said staff is not recommending non -conforming mailboxes be replaced upon passage of the ordinance, however if damaged the homeowner must conform to the new ordinance. Alderman Glab stated that at times he has seen city snowplows travelling very fast down city streets and the force of the snow could knock down a mailbox. Superintendent Schweda stated last year the city experienced a lot of heavy wet snow and ice that could push a mailbox over but a properly installed mailbox should withstand the pressure. He added that snowplows are now equipped with GPS units that monitor the speed of the vehicle and can easily be checked. After some discussion, Chairman Schaefer called for a motion. Alderman Wimmer made a motion, seconded by Alderman Glab to direct staff to prepare a mailbox ordinance for consideration by the full City Council. Voting Aye: Wimmer, Schaefer, Glab Voting Nay: None Not Voting: None Abstaining: None Absent: None Motion carried. 7. Proposed amendment to Municipal Code Chapter 21 Streets and Sidewalks to include Snow and Ice removal and direction to prepare an Ordinance for the City Council's consideration. Director Schmitt included draft language to regulate snow and ice removal specifically by residents and private snowplow drivers who deposit snow in city parkways and streets. The city has no ordinance regulating this action. The language proposed shall make it unlawful for any person to place or deposit snow from private property or city parkways onto any street, road or public right of way. It shall also be unlawful for private snow plow drivers to push snow across any city roadway. Chairman Schaefer asked if staff would notify local snowplow companies of the new regulations prior to the next winter season. Director Schmitt said there will be an education period and we could publish an article in the City Newsletter and website to help get the word out. The biggest problem areas are townhomes. Staff would send a letter notifying homeowners associations so they can notify their contractors. Motion by Wimmer, second by Glab to direct staff to prepare an Ordinance on Snow and Ice Removal for the full Council's consideration. ji oc r cax a Department of Public Works Jon M. Schmitt, Director 1415 Industrial Drive McHenry, Illinois 60050 Phone: (815) 363-2186 Fax: (815) 363-2214 www.ci.mchenry.il.us CONSENT AGENDA SUPPLEMENT DATE: September 6, 2016 TO: Mayor and McHenry City Council FROM: Jon M. Schmitt, Director of Public Worl<s RE: Public Worl<s Committee Recommendation: Snow and Ice Removal Ordinance ATT: 1) Snow and Ice Removal Ordinance 2) Public Works Committee Draft Meeting Minutes Agenda Item Summary: Staff requests City Council to consider approving the attached Snow and Ice Removal Ordinance per Public Works Committee recommendation. Background: Staff has drafted the attached snow and ice removal ordinance language to address an ever increasing problem of residents and businesses depositing snow and ice from private properties onto the roadway. On June 20, 2016, the Public Works Committee recommended approval of the attached Snow and Ice Removal Ordinance. RECOMMENDATION: Therefore, if the City Council concurs with the Public Works Committee recommendation, it is recommended to approve the attached Snow and Ice Removal Ordinance. ORDINANCE NO. MC-10- 4N ORDINANCE AMENDING CHAPTER 21, STREETS AND SIDEWALKS OF THE CITY OF MCHENRY'S MUNICIPAL CODE WHEREAS, the City of McHenry, McHenry County, Illinois, is a home rule municipality as contemplated under Article VII, Section 6, of the Constitution of the State of Illinois, and the passage of this Ordinance constitutes an exercise of the City's home rule powers and functions as granted in the Constitution of the State of Illinois. NOW, THEREFORE, BE IT ORDAINED by the CITY COUNCIL of the CITY OF MCHENRY, McHenry County, Illinois, as follows: SECTION 1: Chapter 21, Streets and Sidewalks, is amended with the addition of Article V, as follows with the formatting to be coordinated by the City Administrator: ARTICLE V SNOW AND ICE Sec. 21-77. Definitions: Roadway: That portion of a street or highway improved, designed, or ordinarily used for public vehicular travel, exclusive of the berm or shoulder. Sidewalk: That portion of a street between the curb line, or the lateral lines of a roadway, and the adjacent property lines intended for the use of pedestrians. Street or Highway: The entire width between the boundary lines of every way publicly maintained when any part thereof is open to the use of the public for purposes of vehicular travel. Sec. 21-78. Deposits Restricted.. It is unlawful for any person to deposit or cause to be deposited any snow and/or ice from private property on or against a fire hydrant, or on any public sidewalk, public roadway, or loading and unloading areas of a public transportation system, including the windrowing of snow and ice upon the curbs of public streets, roadways and highways. Provided snow and ice may be windrowed on curbs incident to the cleaning of public roadways. Sec. 21-79. Penalties. Any person who violates any provision of this section shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined as provided under General Penalty in Chapter 1, Sec 1-8 of this code. Each day such violation of this Code continues or is permitted to continue, will constitute a separate offense. SECTION 2: If any section, paragraph, subdivision, clause, sentence or provision of this Ordinance shall be adjudged by any Court of competent jurisdiction to be invalid, such judgment shall not affect, impair, invalidate or nullify the remainder thereof, which remainder shall remain and continue in full force and effect. SECTION 3: All ordinances or parts of ordinances in conflict herewith are hereby repealed to the extent of such conflict. SECTION 4: This Ordinance shall be in full force and effect upon its passage, approval and publication in pamphlet form (which publication is hereby authorized) as provided by law. PASSED AND APPROVED THIS 6th DAY OF SEPTEMBER 2016. Voting Aye: Voting Nay: Not Voting: Abstain: Absent: Mayor Susan E. Low ATTEST: City Clerk Janice C. Jones Public Works Committee Meeting Report June 20, 2016 Page 6 Director Schmitt said staff is not recommending non -conforming mailboxes be replaced upon passage of the ordinance, however if damaged the homeowner must conform to the new ordinance. Alderman Glab stated that at times he has seen city snowplows travelling very fast down city streets and the force of the snow could knock down a mailbox. Superintendent Schweda stated last year the city experienced a lot of heavy wet snow and ice that could push a mailbox over but a properly installed mailbox should withstand the pressure. He added that snowplows are now equipped with GPS units that monitor the speed of the vehicle and can easily be checked. After some discussion, Chairman Schaefer called for a motion. Alderman Wimmer made a motion, seconded by Alderman Glab to direct staff to prepare a mailbox ordinance for consideration by the full City Council. Voting Aye: Wimmer, Schaefer, Glab Voting Nay: None Not Voting: None Abstaining: None Absent: None Motion carried. 7. Proposed amendment to Municipal Code Chapter 21 Streets and Sidewalks to include Snow and Ice removal and direction to prepare an Ordinance for the City Council's consideration. Director Schmitt included draft language to regulate snow and ice removal specifically by residents and private snowplow drivers who deposit snow in city parkways and streets. The city has no ordinance regulating this action. The language proposed shall make it unlawful for any person to place or deposit snow from private property or city parkways onto any street, road or public right of way. It shall also be unlawful for private snow plow drivers to push snow across any city roadway. Chairman Schaefer asked if staff would notify local snowplow companies of the new regulations prior to the next winter season. Director Schmitt said there will be an education period and we could publish an article in the City Newsletter and website to help get the word out. The biggest problem areas are townhomes. Staff would send a letter notifying homeowners associations so they can notify their contractors. Motion by Wimmer, second by Glab to direct staff to prepare an Ordinance on Snow and Ice Removal for the full Council's consideration. Public Works Committee Meeting Report June 20, 2016 Page 7 Voting Aye: Wimmer, Glab, Schaefer Voting Nay: None Not Voting: None Abstaining: None Absent: None Motion carried. 5 . Adjournment There being no further business to discuss, motion by Wimmer, seconded by Glab to adjourn the meeting at 6:30 PM. Voting Aye: Wimmer, Glab, Schaefer Voting Nay: None Abstaining: None Absent: None Motion carried. Reviewed and Approved: Alderman Jeffrey Schaefer, Chairman Department of Community & Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.ci.mchenry.il.us CONSENT AGENDA SUPPLEMENT TO: Mayor and City Council FROM: Douglas Martin, Director of Economic Development FOR: September 6, 2016 RE: Resolution adopting the Boone -Dutch Creek Watershed -Based Plan ATT: 1. Resolution adopting the Boone -Dutch Creel< Watershed -Based Plan 2. Boone -Dutch Creelc Watershed -based Plan Executive Summary dated March 2016 In 2012 the City Council adopted the Silver Creek and Sleepy Hollow Creek Watershed Plan. Attached is an Executive Summary of the Boone -Dutch Creek Watershed Plan. Much like the Sliver Sleepy Hollow Plan this plan was a collaborative effort headed by the Chicago Metropolitan Agency for Planning and assists with seeking future grants. Attached is a resolution adopting the Plan. If the City Council concurs it's recommended the attached resolution be approved adopting the Boone -Dutch Creek Watershed -based Plan. Department of Community & Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.ci.mchenry.il.us R-16- A RESOLUTION ADOPTING THE BOONE-DUTCH CREEK WATERSHED -BASED PLAN WHEREAS, the Boone -Dutch Creek Watershed -Based Plan was developed in a collaborative manner with diverse stakeholder input; and WHEREAS, stewardship of watershed resources including water quality is important to the prosperity of residents and landowners of the City of McHenry and elsewhere in McHenry County; and WHEREAS, the Boone -Dutch Creel< Plan offers reasoned guidance to urban and rural landowners and decision makes -makers alike for conserving the land, soil, and water resources of the Boone -Dutch Creek Watershed . NOW, THEREFORE, BE IT RESOLVED that the City of McHenry supports a collective effort to implement the projects and policies recommended in the Boone -Dutch Creek Watershed -based Plan. ADOPTED this the 6t" day of September, 2016. Susan E. Low, Mayor Janice C. Jones, City Clerk 2 lam mot. R�, L We t Acknowledgments This project was made possible by Section 604(b) of the Clean Water Act, as amended, and the Illinois Environmental Protection Agency -Bureau of Water, who distributed funds to the Chicago Metropolitan Agency for Planning (CMAP). CMAP, the regional planning agency for the seven counties of northeastern Illinois and the delegated authority for the region's areawide water quality management pIan, led the planning process. Geosyntec Consultants conducted existing conditions pollutant load analyses and best management practice pollutant load reduction and cost estimates. The Fox River Ecosystem Partnership served as web host for project news, information, and documents. CMAP staff wishes to whole-heartedly thank all of those people listed in Appendix A of the full Boone -Dutch Creek Watershed -based Plan who participated in the public meetings over the two-year planning process. We wish to especially acknowledge the input and assistance of the following agencies and organizations: Boone Creek Watershed Alliance, Environmental Defenders of McHenry County, Openlands, The Land Conservancy of McHenry County, McHenry County Department of Planning and Development, Village of Bull Valley, Village of Johnsburg, Village of McCullom Lake, City of McHenry Community & Economic Development and Parks & Recreation Departments, Village of Ringwood, City of Woodstock, HR Green, Baxter & Woodman, Scheflow Engineering, Biotechnical Erosion Control, Boone Creek Golf Club, McHenry Country Club, McHenry County Council of Governments, McHenry County College Sustainability Center, McHenry County Conservation District, and McHenry -Lake Soil & Water Conservation District. The volunteer energies of Ders Anderson, Randy Schietzelt, Phil Willink, Roger Klocek, Jim Bland, Logan Gilbertsen, Cindi Jablonski, and Brad Woodson in conducting the fish inventory surveys; and Logan Gilbertsen in doing VLMP monitoring on McCullom Lake and assessing bank erosion along Edgebrook Creek are most gratefully acknowledged. We are grateful for the support and meeting space provided by the Loyola University Retreat and Ecology Campus, Village of McCullom Lake, City of McHenry, Village of Ringwood, McHenry County College Shah Center, Village of Johnsburg, and McHenry Township. n Unless otherwise specified, all photos are by CMAP staff. Planningto Protect Local Water Resources..........................................................................................1 The Boone -Dutch Creek Watershed Planning Area..............................................................................2 PlanGoals...................................................................................................................................................5 Key Watershed Resources and Issues Findings..................................................................................... 6 LandUse and Land Cover.worst wage arms seats .................................... off ...... seems .................................... gave ......@ 6 ImperviousSurface............................................................................................................................... 6 Wetlands, Prairies, and Woodlands...... &stage Wages &*Bob@ we& mass #FVO*N&OW* POWDER wroggreffin *am 9 Streamsand Lakes..............................................................................................................................14 Local Plans and Ordinances...............................................................................................................19 PlanRecommendations........................................................................................................................... 20 Planningand Policy........................................................................................................................... 20 Best Management Practices................................................................................................................20 HowYou Can Help................................................................................................................................. 23 Planning to Protect Locai Water Resources Community members in eastern McHenry County began meeting in spring 2014 to participate in a planning opportunity to help protect and restore water quality and watershed health in an area encompassing Boone and Dutch Creeks and several smaller streams that drain to the Upper Fox River. For over a year and a half, more than 50 local residents, community leaders, businesses, local government agencies, and other organizations participated in meetings, identified local water resource goals, and contributed invaluable information on Figure 1. What is a watershed? Woter� ed watershed issues. The Chicago Metropolitan A watershed is the land area from which Agency for Planning (CMAP), with Clean rainwater and snowmelt drains into a body of Water Act funding assistance from the Illinois water such as a stream or lake. Watershed boundaries are defined by nature and are largely Environmental Protection Agency (EPA), determined by the surrounding topography or facilitated these efforts and developed a "lay of the land." watershed action plan to help guide local water resource protection activities aimed primarily at reducing nonpoint source pollution.' The full Boone -Dutch Creek Watershed — Based Plan can be found on the websites of the Fox River Ecosystem Partnership (htW:Hfoxriverecosystem.org) and CMAP (h W://www.cmap.iUinois.gov/livability/water/water- guali, -management/watershed-planning). ' Nonpoint source (NPS) pollution comes from many diffuse sources. NPS pollution results from rainfall and snowmelt moving over the land and through the ground, picking up and carrying with it natural and human -made pollutants, such as phosphorus, nitrogen, soil, metals, oils, and pesticides. These pollutants ultimately get deposited into streams, rivers, lakes, wetlands, and groundwater. Chicago Metropolitan Agency for Planning Figure 2. Why do watersheds matter? Watershed are important because what we do on the land directly affects the quality of our surface waters, drinking water supply, local economy, wildlife habitat, and recreational resources. 1-and L_IE'�I1f+� Ayrtcuitut e and t nestotk liumon im{rocti en at« It4JiefShedi Wi(( inCfCQSe w+th ton(rnued Fvspula(fon giok%-th and development. Traditional Urban / 1 Development 021116 0 Air Potlution _ Scplie - i � Flelds sYells 0 Poltulailts and Spills Adapted from Healthy Watersheds, Healthy People, Washington Dept. of Ecology, 2008 The Boone -Dutch Creek Watershed Planning Area The Boone -Dutch Creek Watershed planning area covers 45.3 square miles in eastern McHenry County (Figure 3). The pla>ulin6 area includes Boone and Dutch Creeks and their tributaries, McCullom Lake, numerous smaller lakes and ponds, and several smaller streams that drain directly to the Fox River. For watershed planning purposes, the planning area was subdivided into nine subwatershed study units. Portions of seven municipalities and six townships are included in the planning area (Figure 4). Chicago Metropolitan Agency for Planning 2 Boone -Dutch Watershed -Based Plan Figure 30 The Boone -Dutch Creek planning area within the Fox River Basin^ Legend - Bctone- Dul;d'. �'rinntr,i; Arra Fa+x Rie�er Ba-Lr .__--- J COLllllir: t/4�L[fJ��fi:S Streams Chicago Metropolitan _ __ _ Agency for Planning (�1�Miles " tti,lr oty'pr ='mr r,l uata S:ei _rx '.'.4te•sPed -'la•rrrip RRCS 51'ed ooum]ar� 3anse^ (2 75i 3 11h�' _61•t .f .Stale Mts sn n - `.RES+Z}7Tr; i.irol'r d `•tale fJ��'B raF-ilihnr al At�af I2Ol6; `•Ira 3tn5 I% :.htrr`ndre: ^. a•:�rral Alias i:�i5r 3 Boone -Dutch Watershed -Based Plan Figure 4. Municipalities, townships, streams, lakes, and study units in the Boone -Dutch Creek planning area. f f DULL VALLEY WOODSIOCk 1 GIROOD t JDHNS9 RG w e�Ni7[k BAKE_" UL t A K! 12it - f wR. likMENgY r _.`,� L'� - jai �lkwdn •�Y Legend Q800na Dutch Ptaflfnng Area BUI Vflby ® Counties Johnsburg 4%nshlps McCullom LakeJ.lt '. ertpudvs McHenry Streams Ringwood *.!.i,pr Rods Wonder Lake Woodstock Chicago Metropolitan Agency for Planning Jt 127 u McHenry i Co. V• Miles Ark► ycxpx^r,Q ..°•e•�aR, .h.• i°�rl':ODS(tCMAC,tnt#( ,� u ar. raeeor�l Hfd•oq.eM, passe' FI -- Z'DO'1 140form-f Cc ARID tNQPC 1fF1 i y _" '- "i_iltSf.11l,rDxhert CUO 2006 Lr,O �J r , : _ , Uuniowf OowSenerr my Cc 0:71:, 3 �eO@ Cc (ZO15i 4 Boone -Dutch Watershed -Based Plan Plan Goals The Boone -Dutch Creek Watershed -Based Plan provides a roadmap for protecting and improving local water quality and thus the quality of life for those that live, work, and play within the Boone -Dutch Creek Watershed planning area. As a first task in developing this roadmap, stakeholders identified several goals which serve as priorities for guiding watershed protection activities: • Improve and protect the ecological integrity of surface water resources, including wetlands, to attain or maintain designated uses of aquatic life support and aesthetic quality. • Build on local partnerships and expertise to enhance intergovernmental coordination for achieving sustainable development. • Protect the quality and quantity of groundwater. • Conserve open space —wetland, prairie, and woodland communities —through a coordinated plan and public -private partnerships. • Reduce flooding and attendant bank erosion risk through initiatives to improve and protect water quality. • Raise public awareness and increase understanding of the impacts of land use and land/water management decisions on water and habitat quality. Chicago Metropolitan Agency for Planning 5 Boone-®utch Watershed -Based Plan Key Watershed Resources and Issues Findings Land Use and Land Cover Land use (Figure 5) is primarily agriculture (39 percent) and residential (35 percent). Vacant or under construction (10 percent) and open space (7 percent) land uses are the next most common. Impervious Surface Impervious surfaces accounts for just over 11 percent of the entire Boone -Dutch Creek planning area, indicating generally "impacted" stream health from the effects of urbanization. Subwatershed study units with more than 25 percent impervious surface and thus "nonsupporting" of healthy stream quality were the Central Direct Drainage and Southeast Direct Drainage study units at 27.5 and 25.5 percent impervious cover, respectively (Figure 6). Headwater areas of the planning area with a smaller percentage of impervious surface such as Upper Boone Creek (2.3 percent = "sensitive"), Powers Creek (3.5 percent = "sensitive"), and Dutch Creek Tributary (5.8 percent = "sensitive/approaching impacted") warrant special consideration as development proceeds in order to maintain good water quality and the currently small percentage of impervious surface. As development occurs, it is important that low -impact development, principles of conservation design, and site -level green infrastructure practices be implemented at the highest levels possible in these parts of the planning area to protect and maintain sensitive water quality and aquatic habitat conditions. Municipal ordinance and subdivision codes that seek to protect water quality are also important aspects that should be aligned to protect water and habitat quality and decrease water resource degradation. z Impervious surface is that part of the landscape that is paved or covered with nonporous material (e.g., buildings, roads, sidewalks, driveways, parking lots). Impervious surfaces prevent infiltration of rain into the underlying soil and consequently generate runoff and nonpoint source pollution, thereby having a direct effect on water quality, aquatic life, and water quantity in local streams, lakes, wetlands, and groundwater. Chicago Metropolitan Agency for Planning Figure 5. Land use in the Boone -Dutch Creek planning area. i 1z -- -- — 3, McHenry O —Co.I GWOOD'' JOHN Rq# Poo .�- I WONDER LAKE a -- 1 cCULL ►LAKE i 4' lfr(ullon+ ��t I l 120 I �..e{ /ukr . ----- McHENRYY 1120 t IV BULL _ `Y~ VALLEY - �r i OODSTOCK LeI f y 1\ y 31 \ 14 \ �-4176 . Map date_ November 21, 201 PIL Legend ® Boone- Dutch Planning Area —Commercial ``� Chicago Metropolitan � - � Agency for Planning Miles " 7 Boone -Dutch Watershed -Based Plan Figure 6. Stream health as a function of impervious surface by study unit. McHenry i r ' ram. rJ 1 JOHNS RG . 11d[�L`D�[1 LAKE - - cCULL \ LAKE OI1. CuAnm re S ``e �Ja McHENRY fIb1A I Luke 9 4, OBULL VALLEY l WOODSTOCK red 176 14 r � /Madate: Dec. 22, r n",p 2, 2015 •� Legend ® Boone -Dutch Planning Area Stream Health Category '`�' � Chicago Metropolitan __ _� Agency for Planning Miles " � 8 Boone -Dutch Watershed -Based Plan p�/ ,. aft l ' K to 4e OT 19'; _ KN+� •M�y. "" -�.,off' y figure 7. Wetlands in the oone�®etch Creek planning area. - I WONDER LAKE i r i I Mct)ENRYvLa I \ BULL FF WOODSTOCK ,\5 a a t e• Legend ® Boone - Dutch Planning Area Counties Townships Waterbodies Streams Major Roads NWI Wetlands ADID Wetlands Chicago Metropolitan Agency for Planning 12 MMeni i I �I 178 Map date: Feb. 19, 2015 ,atr Miles " j 0 1 2 w� ® Chicago Metropolitan IS Agency for Planning Data Sources: Watershed Planning Area - NRCS Watershed Boundary Dataset (2005) & CMAP (2014); Coun[y & Township Boundaries (CMAP 2014); Major Roads- IDOT (2011); Streams - USGS National Hydrography Dataset Flowline (2007), McHenry Co. ADID (NIPC 1999), & CMAP (2014); Streams— NHD Flowline; Waterbodies - CMAP Land Use (2005); Wetlands - USFWS Nat'l Wetland Inventory (1987) & 2005 McHenry Co. ADID (CMAP 2007) Figure 8. Oak dominated communities in the Boone -Dutch Creek planning area. ----- - i 31 McHeniy rco. i Late ► m / �wdOHNS RG WONDER LAKE a ttrcF ../ lift (11114)m 1ao •• c,a.• i. 6 M I e a - o mk.•,- _ s BT1LL �IFLL - -I W(VDSTOCK 4J 0 int / Ph 14 176 / Map date: Nov. 20, 2014 Legend ® Chicago Metropolitan if ICJ — Boone -Dutch Watershed -Based Plan The wetlands and woodlands along with the prairies, streams, and lakes in the planning area provide a variety of valuable ecological functions, contributing an estimated $91.5 million per year from flood control, groundwater recharge, water purification, and carbon storage (Figure )). However, only a portion of these natural communities occupy lands and waters that are currently protected or conserved such that development will not occur on this land any time in the future — the planning areas "open space reserve (Figure 10)." Conservation efforts should be of high implementation priority to protect and restore the Boone -Dutch Creek planning area's water, wetland, prairie, and forest communities. Expansion of protected open space on both public and private lands within and around the planning area should be of high priority to provide additional links between fragmented habitats as well as increasing ecological and economic benefits. Chicago Metropolitan Agency for Planning 12 Figure 9. fore landscapes used in the ecosystem services valuation. �.P it 12 �.; ° 31 `I McHenry RINGWOOD 1 a - JOHNS RG � t- t' WONDER LAKE - cGULL ddd R 120 � ,I , L `1r Ar r t A VcHENRY 120 # L 1 LL �g to �WOODSTOCK + Map dale: Nov. 5, 2015 Legend Miles "� 0 1 2 ilia WGtoaE Boone -Dutch Planning Area Core Landscapes ® counties Selected Landscape Types Chicago Metropolitan s Agency for Planning Townships - Core lakes and streams (stream layer 3) Data Sources: Watershed Planning Area - NRCS Streams ® Core wetlands (wetland 4a, 4b, 5) Watershed Boundary Dataset (2005) & CMAP (2014); County & Township Boundaries (CMAP 2014); Major O Core prairies/savannas (pgs 112) Roads - [DOT (2014); Streams - USGS National Hydrography Dataset Flowiine (2007), McHenry Co. - Core woodland/forest (forest 3a, 3b, 4) ADID (NIPC 1999), & CMAP (2014); Waterbodtes - CMAP Land Use (2005); Core Landscapes - GIV 2.2 (CMAP 2015) Chicago Metropolitan Agency for Planning Figure 10. ®pen space reserve i11 the Boone -Dutch Creek planning area. 12 Bts r— - -- - ` - McHenry, Greem, - ftpzWOOD r ..rf, \ �` n. �• — -jl� JOI NS R WONDER / 1 LAKE pN„ cCUL Cdr4 LAKE 120 1 / McHE Y 120 Ifni - ame'- - I La BR R ` BULL. an ,nLLEY Bai- ol"n,•�,ri 'I WOODSTOCK _ (r. l 31 Lr —/ r.t. 74 I �'. 176 Map date: Dec 21, 2015 Legend Miles " ® Boone- Dutch Planning Area Local Parks & Golf Courses Counties Subdiv awned Townships Muni owned Waterbodies Twp owned — Streams I Private — Major Roads Golf Course - Stale Park, F&W Area, or NaluralArea 2015 Regional Trails - McHenry Cc Cons Dist_201412 Exisling - Lake Cc Forest Pres_201504 — — Future Land Conservancy of McHenry Go_2015 • • Planned Other conservation easements _NCED • Programmed ® NaturePreserves_IDNR_201505 Streams and Lakes �� Chicago Metropolitan _ � Agency for Planning O1 Z wapE Chicago Metropolitan S Agency for Planning Data Sources: Watershed Planning Area - NRCS Water - Boundary Dataset (2005) & CMAP (2014); County & Township Boundaries (CMAP 2014); Major Roads - IDOT (2014); Streams - National Hydrography Dataset Flowline (USGS 2007), McHenry Co. ADID (NIPC 1999) & CMAP (2014); Waterbodies- CMAP 2005 Land Use (2009); State Parks, F&W Areas, Natural Areas, & Nature Preserves - IDNR (2015); County conservation district or forest preserve - MCCD (2014) & LCFPD (2015); Conservation easements - NCED (2014) & TLCMC (2015); Local parks, golf courses - McHenry Co P&D (2015); Regional trails - CMAP (2011) Streams and Lakes �� Chicago Metropolitan _ � Agency for Planning Miles " All streams in the watershed drain to Lite Fox Eder, a source of drinking water, community recreation, and home to a variety of aquatic life. Several lakes and ponds dot the landscape; McCullom Lake is the largest publicly -accessible recreational lake in the planning area. Boone Creek, McCullom Lake, and the Fox River have been assessed for water quality impairments by Illinois EPA; Dutch Creek, Powers Creek (a tributary to Boone Creek), and the direct drainage tributaries to the Fox River have not been assessed by Illinois EPA. Table 1 summarizes the designated uses assessed and the causes and sources of impairment as determined by Illinois EPA and presented in their 2014 Integrated Water Quality Report and Section 303(d) List.4 Table 1. Assessment status of waterbodies in the Boone -Dutch Creek planning area.* Boone 15,030 ac. Creek / 11.81 mi. (23.5 sq. I L_DTZT-02 mi.) Dutch 8,168 ac.** Creek / 2.76 mi. (12.8 sq. pH; Alteration in streamside or Aquatic life littoral vegetative covers; Other flow reqime alterations Not n/a assessed Loss of riparian habitat; Impacts from hydrostructure flow regulation/modification; Site clearance; Unknown n/a Internal nutrient recycling; McCullom 873 ac. Aesthetic Unknown; Aquatic Waterfowl; Crop production; Lake / 245 ac. (1.4 sq. plants Urban runoff/storm sewers; IL_RTZD mi.) quality (Macrophytes) Runoff from forest/grassland/parkland Alteration in Impacts from hydrostructure streamside or flow regulation/modification; Aquatic life; littoral vegetative Fox River / --- Dam or impoundment; 7.77 mi. Fish covers; Other flow DT-23 consumption regime alterations; Habitat modification other than hydromodification; PCBs; Aquatic algae; Unknown Unknown *As indicated in the Illinois Integrated Water Quality Report and Section 303(d) List, 2014 **Does not include the McCullom Lake watershed a httu://www.eua.illinois.�ov/tonics/water-quality/watershed-management/tmdls/303d-list/index �� Chicago Metropolitan �`f'=� Agency for Plannin 9 15 Boone -Dutch Watershed -Based Plan A detailed 2002 stream inventory and assessment of Boone Creek's main stem and field checks conducted in 2015 of Boone, Powers, and Dutch Creeks and several tributaries within the planning area revealed that channelization was common (Figure 11) and some degree of bank erosion (rated as low, moderate, or high) was present in all the assessed stream reaches (Figure 12). While streambank erosion is a natural process, it can be greatly accelerated by changes in stream hydrology associated with agricultural drainage and urbanization. Streambank erosion can contribute a large amount of sediment that then settles in slower moving reaches of the stream, negatively impacting aquatic habitat and overall stream health. Eroding banks also lead to losses of stream corridor habitat. Fish inventories conducted in 251ocations throughout planning area in 2014-15 revealed the presence of several "species of greatest conservation need" as listed in the Illinois Comprehensive Wildlife Conservation Plan & Strategy's including blacknose dace, southern redbelly dace, Iowa darter, central mudminnow, brook stickleback, and mottled sculpin. The Plan includes recommendations that stream habitat enhancement should focus on channelized and shaded stretches where invasive shrubs can be removed, adjoining wetlands can be restored to provide groundwater recharge, pools and riffles can be introduced, and remeandering of channelized sections can be accomplished, s http://www.dnr.illinois.gov/conservation/IWAP/Pages/default.as�x Chicago Metropolitan Agency for Planning i [� f=figure 1 I. stream channelization in the Boone-®utch Creek planning area. ,I 12 —`� 31 McHenry Con -_ R G 6OD l / I d —~ JOHNS R9 WONDER LAKE cCULL LAKE., 'q ------- bile \ J J McHENRY 120 MW Y _ - - Lake BULL VALLEY � I _ � UAW \�' J WOODSTOCK I .17 ?�. 14 _—�ly 176 /Map date: Jan. 4, 2016 Legend ® Chicago Metropolitan Agency for Planning Miles " figure 1�. Streambank eIWs Wn in the ®one�®utch Creek planning area. 1 I WOODSTOCK 14 h!cHem WONDER LAKE Mold \ Lake I_ BULL i VALLEY A!p:xe eyr.-k �� CrCtF i Legend ® Boone - Dutch Planning Area Bank Erosion QCounties None Townships Low Waterbodies Moderate Major Roads High Streams Not Assessed �� Chicago Metropolitan �_ � Agency for Planning Burtcr�� kr � t I l.O.l R1,�G W O �a JOHNSB R cCULL \ LAKE. Ihtull,unl [. ,ur� Luke t� .. i 31 Jkv, ./•��•° Miles " A 0 1 2 W-Kz!tI E �S Chicago Metropolitan s Agency for Planning Data Sources: Watershed Planning Area - NRCS Watershed Boundary Dataset (2005) & CMAP (2014); County & Township Boundaries (CMAP 2014); Major Roads - MOT (2014); Streams - USGS National Hydrography Dataset Flowline (2007). McHenry Co. ADID (NIPC 1999) & CMAP (2015); Waterbodies - CMAP 2005 Land Use (2009) Local Plans and Ordinances Each of the seven municipalities within the Boone -Dutch Creek planning area, as well as McHenry County, has adopted a comprehensive plan. The plans generally stress the importance of preventing sprawl by pursuing future land use patterns that direct growth into an orderly pattern that preserves community character and open space. For the most part, the plans emphasize restricting development on identified areas of significant resources but have relatively few policies to limit the impact of development that does take place in the rest of the community. In other words, the plans seek to limit the overall impact of development on natural resources by setting aside land for conservation but pay less attention to mitigating the impacts of transportation and parking in developed and developing areas. Through ordinances and codes, communities implement the vision established in their comprehensive plans by establishing detailed, enforceable regulations. Zoning is the most common ordinance that municipalities and counties use to direct land use, transportation, and development practices, with many also using subdivision, stormwater, water use, and parking ordinances to regulate specific aspects of development. Because the municipalities share a common stormwater ordinance, they are similarly successful in addressing stormwater, soil erosion, and elements of floodplain, stream, and wetland protection. The categories where municipal ordinances generally did not address key topics included natural areas and open space, parking, transportation, pollution prevention, water efficiency, and conservation design and infill. These areas present an opportunity for revised codes to make strides in encouraging compact development patterns, reducing impervious surfaces, and preserving open space. Chicago Metropolitan Agency for Planning 19 Plan Recommendations The Plan recommends a cohesive set of policy and best management practice (BMP) strategies to protect water quality and watershed health and to address goals of the Plan. These recommend-dations were developed with input from local planning participants. The support and action of local governments, districts, businesses, organizations, residents, and other community members will be needed to implement recommended policies and projects. Planning and Policy Local governments are encouraged to update comprehensive plans and adopt or expand on ordinances and codes to support the principles of conservation and low impact development throughout the planning area to accomplish overarching community goals. Some examples of recommended policies that will help local governments to further address the Plan's goals follow (for a comprehensive list of the recommendations, refer to the full Plan): • Align local plans and ordinances with best practices. • Update comprehensive plans every 10-12 years and include watershed protection policies. • Create and update supplemental subarea and topical plans (e.g. natural resource plans, open space plans, greenways and trails/bike plans). • Adopt zoning, subdivision, stormwater management, and water conservation ordinances that incentivize practices that protect and promote water resources. • Jointly advocate for revisions to McHenry County Stormwater Management Ordinance. • Locally adopt McHenry County Water Resource Action Plan. • Coordinate efforts to advocate for bike trails and public transportation in and around the planning area. Best Management Practices This Planrecommends a number of BMPs to adopt or expand on in the near future. Many of the recommended BMPs focus on retrofit opportunities that address pollutants of concern in the watershed. Urban Retrofit BMPs The Plan focuses on several primary retrofit practices to manage stormwater that largely use plants and soil to filter, absorb, and cleanse runoff. These BMPs also were selected based on costs and how effectively they enhanced community aesthetics, and include bioretention/ biofiltration areas (e.g., rain )-ardens) that remove pollutants through a Chicago Metropolitan Agency for Planning 20 B®one-®utch Watershed -Based Plan physical, biological or chemical treatment process; vegetated swale retrofits that collect and convey stormwater runoff to downstream discharge points; detention basin retrofits which treat stormwater runoff as part of its unit process; building retrofits including green roofs and blue roofs that collect stormwater; and permeable pavement. "Watershed -wide' scenarios were modeled for each of these BMP types to estimate the potential pollutant load reductions and implementation costs. Other examples of urban BMPs include routine replacement of traditional infrastructure in the watershed with green infrastructure. Public facilities with high visibility (e.g. libraries, public works facilities) provide good opportunities to incorporate and publically display green infrastructure approaches. Business and institutional campuses also provide plentiful opportunities - to incorporate green infrastructure. ExampleAMM green infrastructure opportunities that may be integrated into projects include: improving catch basins during roadway resurfacings; directing parking lot runoff to filter strips and bio4nfiltration areas versus the storm sewer system; replacing conventional pavement with permeable or porous pavements; and improving detention basin functions to improve water quality. Farmed Wetland Restoration The Plan recommends restoring farmed wetlands which currently comprise about 164 acres around the planning area. Typically, farmed wetlands are wetlands that were partially drained to improve crop production. Farmed wetland restoration not only improves water quality, it also improves groundwater quality since it seeks to trap and break down pollutants that eventually runoff or percolate into the groundwater table. Chloride Reduction Strategies Typical BMPs are limited in their ability to remove chloride. Thus, the Plan recommends addressing chloride loading within the watershed through source reduction. Recommendations include implementing alternative snow and ice management practices to reduce chloride loadings from roadway and parking lot deicing activities. A number of practical source reduction recommendations are addressed in McHenry County's "Sensible Salting Workshop and Certification" program which should be promoted throughout the watershed. Additionally, alternative technologies are encouraged to reduce residential, institutional, and commercial rock salt consumption for water softening. Chicago Metropolitan Agency for Planning 21 h Site -specific BMPs Also identified were more than 100 site -specific BMPs throughout the planning area. Agricultural BMPs include filter strips/riparian buffers, grassed waterways, water and sediment control basins, and livestock access control. Urban BMPs included filter strips, riparian buffers, vegetated swales/bioswales, bioinfiltration and bioretention facilities, oil and grit separators, permeable pavement, education and outreach, and water softener regeneration effluent capture and reuse. Hydrologic BMPs included streambank and shoreline protection, stream channel restoration (re -meandering, daylighting), and wetland restoration. Table 2 presents the aggregate pollutant loads estimated from land use, streambank erosion, and shoreline erosion, plus the aggregate pollutant load reduction estimates if all the BMPs identified in the Plan, valued at more than $203 million, were implemented. This suggests that nonpoint source pollution will be difficult to mitigate entirely, more so for certain pollutants than others, and especially in a 10 year implementation timeframe for which this Plan was developed. Table 2. Pollutant load and AMP pollutant reduction estimates. Outreach and Education Implementation of outreach and education activities to support Plan goals will be an on -going effort among local organizations, agencies, governments, homeowners associations, and other groups that are active in the watershed. Some recommended outreach and education programs that support each of the Plan goals include increasing citizen knowledge of water quality issues; promoting U.S. EPA's Water Sense Efficiency Program; promoting programs offered by the ,and Conservancy of McHenry County to conserve sensitive natural areas; and utilizing local government and organizational websites and social media to educate the public on various water resource and watershed protection topics. Chicago Metropolitan Agency for Planning 22 Office of the Deputy City Administrator Bill Hobson McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2159 Fax: (815) 363-2119 www.ci.mchenry.il.us CONSENT AGENDA DATE: September 6, 2016 TO: McHenry City Council FROM: Bill Hobson, Deputy City Administrator RE Holiday Tree Lighting in Veterans Memorial Park ATT: Bid Specifications APenda Item Summary. Staff is seeking authority to advertise for bids for installation of holiday tree lighting in Veterans Memorial Park. Background. Annually, the city has contracted services for the installation of holiday tree lighting in Veterans Memorial Park. A total %J $173500 was budgeted this year for the lighting. Anal. If approved, lighting would be installed in the park prior to the annual Downtown Christmas Walk on November 19tn Recommendation. If Council concurs, then it is recommended a motion is considered to approve the request to advertise for bids for the installation of holiday lighting in Veterans Memorial Park as presented. MCHe SPECIFICATIONS and BH) DOCUMENTS SERVICES TO INSTALL, MAINTAIN, and REMOVE CHRISTMAS LIGHTS I�CIT3 CITY OF MCHENRY 333 S. GREEN STREET MCHENRY, IL 60050 BID OPENING: 1L•00 A.M., TUESDAY, September 27, 2016 CITY OF MCHENRY ADVERTISEMENT FOR BIDS SERVICES TO INSTALL, MAINTAIN, and REMOVE CHRISTMAS LIGHTS The City of McHenry will receive sealed bids for services to install, maintain, and remove Christmas lights on trees at Veterans Memorial Park for the 201 &2017 season until 11:00 a.m., Tuesday, September 27, 2016. All bids shall be addressed to the City Clerk's Office, City of McHenry, 333 S. Green Street, McHenry, IL 60050. Each proposal must be sealed and clearly identified on the outside of the envelope as a "BID FOR CHRISTMAS LIGHTS". Bids will be opened at 11:00 a.m., Tuesday, September 27, 2016 in the City Council Chambers. Award of the bid will be considered at a later meeting of the McHenry City Council within at least thirty (30) days of the date of receiving bids. All bids received prior to the specified date and time, which meet or exceed the minimum specifications will be considered by the City. The City will review each properly submitted bid and will make a selection based upon price, availability, quality and other features of the bid proposals. Bids submitted after 11:00 a.m., local time, will not be considered and will be returned to the bidder. The City of McHenry reserves the right to reject any or all bids and to waive irregularities in the bids, and to select the bid that is considered to be the most advantageous to the City of McHenry. Only bids and proposals submitted on forms prepared by the City of McHenry will be considered. Complete specifications and bid proposal forms may be obtained for the City of McHenry, 333 S. Green Street, McHenry, Illinois 60050. CITY OF MCHENRY SERVICES TO INSTALL, MAINTAIN, And REMOVE CHRISTMAS LIGHTS General Specifications GENERAL DESCRIPTION OF WORK This work shall generally include all labor, fuel, supplies, vehicles, and equipment to install, maintain, and then remove Christmas lights on trees at Veterans Memorial Park in the City of McHenry. The lights to be installed will be provided by the contractor. PERFORMANCE BOND A performance bond is not required for this contract. INSURANCE REQUIREMENTS No work under this contract shall be started or performed until the successful bidder has obtained and provided the City with proof of insurance of the following types and minimum amounts. a) Worker's compensation and employer's liability in amounts as required by the State of Illinois. b) Comprehensive General Liability in an amount of not less than $1,000,000.00. c) Property Damage in an amount not less than $1,000,000.00. d) Automobile Liability coverage to include all owned, rented, leased, or hired vehicles in an amount not less the $1,000,000.00. Each Insurance policy issued for this coverage, and the certificate of insurance issued as proof of insurance, must also name the City of McHenry as an additional insured for the period of this contract. In the event that the contractor fails to maintain or renew any insurance coverage during the period of the contract, the City may cancel the contract at that time without any prior notification. No insurance policy issued for this contract may be allowed to expire prior to the completion of this contract, without first providing the City with at least 15 days advance notice of the expiration by certified mail. The contractor shall require any and all subcontractors performing work on this contract to provide and maintain insurance coverage of the minimum amounts specified during the period of the work. Services for Christmas Lights General Specifications Page two Nothing contained in these insurance requirements is to be construed as limng the extent of the Contractor's responsibility for payment of damages resulting from his performance and completion of this work. The contractor agrees to assume all risk of loss and to indemnify and hold harmless the City of McHenry from any and all liabilities, claims, suits, injuries, losses, damages, fines or judgments, including litigation costs and attorney's fees, arising out of the work for this contract, including to the extent allowed by law those liabilities, injuries, claims, suits, losses, damages, fines or judgments, including litigation costs and attorney's fees, arising out of or alleged to arise out of, the negligence of the City of McHenry, its officers, agents, and employees. SALES TAX Supplies, materials, and equipment used for or installed as part of this contract are exempt from retailer's occupational tax in the State of Illinois; this sales tax shall not be included as part of the bid price. All other applicable taxes and fees shall be the responsibility of the contractor. SCHEDULE The City of McHenry requests that all lights be installed and in good working order by Friday, November 18, 2016. All lights to be installed under this contract are to be completely removed after February 6, 2017, but no later than February 10, 2017. Please contact Bill Hobson with the City of McHenry at (815) 363-2159 if there are problems with this schedule. MAINTENANCE The Contractor shall be responsible for all maintenance of the lights from the time of installation to the removal, which shall include, but not be limited to, replacement of bulbs, securing loose strings of lights, and replacing strings of lights that are not operational. The contractor shall be required to inspect the lights at least one time per week to make all repairs and complete all replacements as needed. In addition, the contractor shall be required to complete all maintenance within 2 working days when reported by the City of McHenry. NUMBER and LOCATION OF TREES Services under this contract shall include the installation, maintenance, and removal of lights on (31) trees within Veterans Memorial Park that are specified on the attached Park map. On the bid submittal page there is an additional line designated "price per 1,000 lights", this may be utilized should the city of McHenry choose to add trees to that it wishes to have lit by the contractor. Services for Christmas Lights General Specifications Page Three PROTECTION OF TREES The contractor shall complete all work in the best manner possible to protect the trees and to prevent any damage to the trees and tree limbs. Bucket trucks shall be kept away from the tree limbs, whenever possible. If the City determines during the installation and the removal work that excess damage is being done to the trees, the contractor shall be required to stop work immediately and to revise the means of installation and/or the means of removal in order to eliminate the damage to the trees. The City will not allow removal of the lights by pulling the strings from the trees. Instead the lights must be cut off and/or unwrapped from the trees. INSTALLATION Installation may include wrapping individual branches OR "draping" over branches to light the designated trees. Placement and design of the placement shall be reviewed with the contractor prior to installation. The contractor shall connect the lights at each tree to extension cords that carry the power from tree to tree to the power supply provided by the City in the park. Every effort should be made to suspend those cords within the trees and transfer the power to adjacent trees in the air. Laying extension cords on the ground for long runs will be unacceptable. All connections and all plugs must be completely wrapped with electricians tape, or covered with heat shrink plastic, as a moisture barrier. LIGHTS TO BE PROVIDED The contractor will be required to supply all the strings of lights in addition to any replacement bulbs that may be required throughout the season. A commercial grade outdoor light is recommended. All lights for the park are to be clear or white. The contractor is not required to salvage the lights at the end of season and will not be required to remove the lights in working order. TIMERS TO BE PROVIDED The contractor will be required to supply timers for all the strings of lights. A plug in style timer is recommended and should be of a commercial grade or such deemed to handle the electrical load for the stings of lights. Timers will be located within the sealed electrical boxes however they should be able to withstand winter temperatures. All timers should be coordinated and set appropriately for the lights to turn on at 3:00 pm and turn off at 11:00 pm daily. METHOD OF PAYMENT The City shall make two-thirds (2/3) payment of the total bid price upon completion and approval of the installation of all lights within forty-five (45) days of the receipt of invoice. The City shall pay the remaining one-third (1/3) of the total bid price following the completion of the required maintenance and after the removal of all lights from all trees within forty-five (45) days of the receipt of an invoice. The City does reserve the right to make a deduction from the final payment if the contractor fails to provide necessary maintenance after receipt of written notice from the City. CITY OF MCHENRY DEPARTMENT OF PUBLIC WORKS Bid Opening: 333 S. GREEN STREET MCHENRY, IL 60050 SERVICES TO INSTALL, MAINTAIN, and REMOVE CHRISTMAS LIGHTS — 201647 11:00 a.m., Tuesday, September 27, 2016 The undersigned hereby agrees to provide and deliver the services described in these specifications and the literature attached to this bid proposal at the bid price shown below. Total Bid Price Number of Lights to be Installed Price per 1,000 Lights Company Address Name &Title (Please Print) Signature 0 SUBMITTED BY: Phone Date CITY OF MCHENRY BIDDER'S CERTIFICATION In submitting this bid, the Bidder certifies: 1) The prices in the Bid have been arrived at independently, without consultation, communication, or agreement, for the purposes of restricting competition, as to any matter relating to such prices with any other Bidder or with any competitor. 2) Unless otherwise required by law, the prices which have been quoted in the Bid have not knowingly been disclosed by the Bidder, prior to opening, directly or indirectly to any other Bidder or to any competitor. 3) No attempt has been made or will be made by the Bidder to induce any other person or firm to submit or not submit a bid for the purpose of restricting competition. 4) Bidder is not barred from contracting with City of McHenry as result of a violation of either Section 33E or -3 or 33E4 of Chapter 720 of the Illinois Compiled Statues Article 33E, Public Contracts (P.A. 854295). BIDDER BY: Signature TITLE: DATE: This certificate must be signed and dated by an officer of the Bidder and returned with the Bid. a �- �.��.—, .- O �� . i r o �—•— _..-�� . � � ' '=`li`=.eel � � � ,, �°�_� �,.�,,.._ h .. 4 �-_._..... lJ ++ i. r� i ..,. frees T. �. K.+v �• �, I�' n I ❑� aiti� r� a'x t ,� �� r ° � 'tik�. ,r'' � 1 h. 0 0 .� O _ �� -�--r-, �� Office of the Chief of Police John MAones McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2200 Fax: (815) 363-2149 www.d.mchenry.il.us CONSENT AGENDA TO: Mayor and City Council FROM: John M. Jones, Chief of Police Jon Schmitt, Director of Public Works FOR: September 6 h, 2016 Regular City Council Meeting RE: Sale of Five (5) Police Vehicles and Two (2) Public Works Vehicles ATT: Ordinance Agenda Item Summary: Council is being asked to consider staff s request for the authorization of an Ordinance to sell seven (7) vehicles. Each fiscal year staff conducts an analysis of its vehicle fleet after new vehicles are purchased through the approved Capital Improvement Plan (CIP). This analysis looks at the overall mileage, vehicle condition and historical maintenance costs to determine if a vehicle should be kept in service or if it should be retired. With such staff has concluded that five vehicles from the Police Department and two vehicles from Public Works should be retired from service and sold at auction to the highest bidder. The funds generated from the sale of these vehicles will then be placed into the General Fund and Drug Seizure Fund respectively. Further detailed information regarding this request is provided in the full agenda supplement. Staff will be present to answer any questions Council may have at the meeting. Background: The City of McHenry currently has seven (7) vehicles that are being retired from service in the FY 2016/17 due to age and condition. Four (4) of the vehicles are drug seizure vehicles that where originally placed into service for the Investigation and Street Crimes Units of the Police Department, one (1) of the vehicles is an SRO vehicle which is being replaced with a used patrol vehicle and the two (2) remaining vehicles are Public Works vehicles that have already been replaced this fiscal year with new vehicles as part of 2016/17 CIP. With the purchase and acquisition of replacement vehicles it is no longer necessary, useful or in the best interests of the City of McHenry to retain ownership of the below vehicles. These seven vehicles are identified as follows: Unit Deparhnent Year Make Model VIN /Serial # Mileage Age 308 Police 2005 Buick LeSabre 1G4HR54K65U120379 103,359 11 yrs 309 Police 2004 Dodge Durango 1D8BB58D34F112684 130,843 12 yrs 307 Police 2005 Pontiac Grand Prix 2G2WP522051287485 131,087 11 yrs 303 Police 2004 Oldsmobile Alero 1G3NL52EX4L201878 104,079 12 yrs 341 Police 2008 Ford Crown Vic 2FAFP71V48X106835 140,349 8 yrs 493 Public Works 2005 Ford Taurus 1FAFP53265A163002 81,100 11 yrs 429 Public Works 2002 Chevy 1 Ton 1GBJK34122E188209 97,050 14 yrs Analysis: All of the above vehicles are between (8) eight years and (14) fourteen years in age. They all have mileage that ranges between 81,100 and 140,349 miles. Overall condition and mechanical maintenance records confirm that the cost to maintain these vehicles well outweighs the value of the vehicles and keeping them in service would not be cost effective to the City. Furthermore the work assignments placed on these vehicles has or will be in the near future transferred to other vehicles in the City's fleet, assuring that no loss of production and service is seen. Recommendation: Staff recommends utilizing the services of Clinton Auto Auctions to sell these vehicles and equipment. The city has worked with Clinton Auto Auctions in the past with positive results. The timely sale of this property will allow for the highest purchase prices and return of revenue to the General Fund and Drug Seizure Fund. If Council concurs, then it is recommended to approve the attached Ordinance authorizing the sale of the presented vehicles through Clinton Auto Auction out of Clinton, Illinois. Ordinance No. ORD46- An Ordinance Authorizing the Sale of Public Property Owned by the City of McHenry WHEREAS, the City of McHenry, McHenry County, Illinois, is a home rule municipality as contemplated under Article VII, Section 6, of the Constitution of the State of Illinois, and the passage of this Ordinance constitutes an exercise of the City's home rule powers and functions as granted in the Constitution of the State of Illinois; and WHEREAS, in the opinion of the corporate authorities of the City of McHenry, it is no longer necessary or useful to or for the best interests of the City of McHenry to retain ownership of the public property hereinafter described; and WHEREAS, it has been determined by the Mayor and City Council of the City of McHenry to sell said public property for cash. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MCHENRY, as follows: SECTION 1: The Mayor and City Council of the City of McHenry find that the following described public property now owned by said jurisdiction is no longer necessary to said jurisdiction and said jurisdiction would be best served by the said public property sale: Unit De artment Year Make Model VIN /Serial # Milea e A e 308 Police 2005 Buick LeSabre IG4HR54K65U120379 103,359 11 yrs 309 Police 2004 Dodge Durango 1D8HB58D34Fl l2684 130,843 12 yrs 307 Police 2005 Pontiac Grand Prix 2G2WP522051287485 1313087 11 yrs 303 Police 2004 Oldsmobile Alero 1G3NL52EX4L201878 1041079 12 yrs 341 Police 2008 Ford Crown Vic 2FAFP71V48X106835 140,349 8 yrs 493 Public Works 2005 Ford Taurus IFAFP53265A163002 81,100 11 yrs 429 Public Works 2002 Chevy 1 Ton 1GBJK34122E188209 975050 14 yrs SECTION 2: The City Administrator is hereby authorized and directed to execute an auction services agreement with Clinton Auto Auction Services and to sell via public auction utilizing the services of said company the herein named items now owned by the City of McHenry. SECTION 3: Upon payment in full, the City Administrator is hereby authorized and directed to convey and/or transfer the aforesaid property to the respective buyer. SECTION 4: This ordinance shall be in full force and effect from and after its passage by the corporate authorities. PASSED and APPROVED this 6day of September 2016. Voting Aye: Voting Nay: Abstaining: Not Voting: Absent: ATTEST: City Cleric Mayor Department of Community & Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.ci.mchenry.il.us CONSENT AGENDA TO: Mayor and City Council FROM: Ross Polerecky, Community Development Director FOR: September 6, 2016 Regular City Council Meeting RE: Temporary Use Permit to allow a car sales event in the parking lot of the McHenry Roller Rink ATT: Temporary Use Permit Application Agenda Item Summary: The Community Development Department received a temporary use permit application from Next Auto Sales and Principio Auto Group. Next Auto Sales and Principio auto group are proposing a car sales event to be held in the McHenry Roller Rink parking lot from Thursday September 29 through Saturday October 1st with rain dates of October &8. Background: Staff was approached by Next Auto Sales and Principio Auto Group about holding a car sales event at the McHenry Roller Rink property. The applicants will erect two tents on the property, one will have cars beneath it and another will be used for purchase transactions. The rest of the lot will be used for parking of vehicles for sale and an area will be set aside for customer parking. The area adjacent to the building will remain open for customers of the roller rink. The applicants will supply parking attendants and their own security in the parking lot, roped areas will designate sales lot from customer parking. The local VFW will be supplying catering for the event and all required permits through the McHenry County Department of Health will be obtained prior to the event. The applicant will be providing portable toilets for their customers use so there is no need for patrons of the car event to utilize the building bathrooms. All signs will follow the current sign ordinance. Hours of operation will be from gam until sunset. Cars will be moved to the lot on Thursday morning and removed on Saturday evening after the event. The sale of cars will follow all state requirements and due to the proximity of their normal sales lots no special permits from the state will be required to sell vehicles. Attached is an email from the property owner granting permission for the event along with a Temporary Use application. Department of Community & Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.ci.mchenry.il.us If the City Council concurs it is recommended that the temporary use permit be granted for a used car sales event located on the McHenry Roller Rink property, 914 Front Street, from Thursday September 29 through Saturday October 15t Ross Polerecky From. Wade Cepulis [wcepulis@icloud.com] Sent: Sunday, July 31, 2016 10:22 AM To. Ross Polerecky Subject: use a roller rink parking lot for Car Event Hi - I give permission for the roller rink parking lot to be used for a special event for cars/show. Wade Cepulis Trustee of roller rink property at 914 N. Front St. McHenry Illinois 60050. questions or concerns please contact me about this property if there are any other issues, at 262-215-9992. Sent from my iPhone 1 CITY OF MCHENRY TEMPORARY U��SE PERMIT APPLICATION APPLICANT NAME: / V_ I; ?m r �`jj� () 1 U ADDRESS: (city:) C /� j:f- AJ PHONE: (L.) FAX: 05) 7_ ~I( _ `l EVENT EVENT ADDRESS: / 1 K GENERAL EVENT DESCRIPTION: SETUNDate) z- $� TAKE MOBILE: E-MAIL: /a / /l 4r S 0 PERMIT NO. OFFIC£ U E O, LY zONING DIST: ss I Development AUG1 rt Via,, . PERMIT FEES L� FEE: DEPOSIT: TES TOTAL: EXPll2ATION DATE: OPEN TO PUBLIC: YES �Q NO ❑ (Invitation only) ATTBNDANCE (Projected) /' �/ COUNCIL ACTION: ADMISSION FEE: YES: ❑ S NONE DATE: PARKING: NO. OF VEHICLES: SELF ❑ VALET ❑ REMOTE/SHUTTLE ❑ APPROVED ❑ DENIED ❑ MUSIC: NONE El YES ❑ (iryes) ACOUSTIC ❑ AMPLIFIED ❑ w/ CONDITIONS : YES ❑ NO: ❑ TEMPORARY STRUCTUR�'NO ❑YES ,{�J (Ifyes, indiritenumber, size, and type) f�rac /A�/ / WILL EVENT BE ADVERTISED?: NO: ❑ YES: r t}fyes, indieutc where and Iiow) PYROTECHNICS: NO; t YES; ❑ ([fycs describe) STTRMTTTAL C'AT.C'KLIST ❑ Completed temporary use permit application. (including property owner signature}. ❑ Two copies of site plan showing event layout, location of all structures (existing and/or temporary), property lines, abutting streets, ingress/egress. ❑ Two copies of a parking plan including on site and/or remote parking/shuttle. ❑ Completed sign permit application, if applicable, I HEREBY CERTIFY TI FORMATION CONTAINED HEREIN IS ACCURATE AND TRUE AND THAT 11VILL ABIDE BY ALL CITY OF MCHENRY ORDINANCES -AND CO LA NOTO THE ISSUANCE OF THIS TEMPORARY USE PEi2MlT. Slot ED* DATE: (GL N ZED AGENT) SIGNED: DATE: (PROPERTY OWNER) THIS PERMIT IS IS GRANTED AND ACCEPTED WITH THE EXPRESS UNDERSTANDING AND AGREEMENT THAT SAID TEMPORARY USE SHALL CONFORM 7N ALL RESPECTS WITH THE ORDINANCES OF THE CITY OF MCHENRY AS NOW 1N FORCE. DATE: (DIRECTOR„ CONSTRUCTION AND NEIGHBORHOOD SERVICES 333 S. GREEN STRLJET i1IcHENRY ILLINOIS 60050 (815) 363-2I70 DATE: TO: FROM: RE: ATTACHMENTS Office of Finance & Accounting Carolyn Lynch, Manager McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2100 Fax: (815) 363-2119 www.ci.mchenry.il.us CONSENT AGENDA SUPPLEMENT September 6, 2016 Mayor and City Council Carolyn Lynch, Finance Director Mayor's Execution of NISRA Debt Certificate Allocation Certificate and Agreement Allocation Certificate and Agreement AGENDA ITEM SUMMARY: The item before Council is a request for execution of the Mayor's signature on the attached Allocation Certificate and Agreement. BACKGROUND: In 2008, the City was party to the Northern Illinois Special Recreation Association (NISRA) debt certificates issuance for the purchase of their current facility. At that time the City became an equal owner of the facility with all of the other parties within NISRA. As such, the City has equal responsibility for paying for the debt certificates issued. ANALYSIS: At this time NISRA is looking to refund the 2008B debt certificates in order to secure a lower interest rate which in return will lower the overall debt service costs. NISRA anticipates this will save the agency $170,000, will equal savings being passed down to each agency. RECOMMENDATION: Staff recommends approval and execution of the mayor's signature on the Allocation Certificate and Agreement allowing NISRA to refund the 2008B debt certificates. ALLOCATION CERTIFICATE AND AGREEMENT RE: NORTHERN ILLINOIS SPECIAL RECREATION ASSOCIATION, MCHENRY, COOK, LAKE AND KANE COUNTIES, ILLINOIS $15185,000 REFUNDING DEBT CERTIFICATES, SERIES 2016B The undersigned is an authorized officer c Illinois, a member (the "Member") of the North. McHenry, Cook, Lake and Kane Counties, Illinois certifies as follows: the City of McHenry, McHenry County, rn Illinois Special Recreation Association, ( "NISRA"), and as such officer agrees and 1. On September 12, 2016 (the "Issate Date "}, NISRA will issue its Refunding Debt Certificates, Series 2016B, in the principal amount of $1,185,000 (the "Certificates"). 2. The issue price of the Certificates will be allocated among the Member and other members of NISRA (the "Other Members") based upon the percentages set forth in Appendix A the "Allocation Percentage"). 3. The Member agrees that such Allocation Percentage as set forth in Appendix A bears a reasonable relationship to the respective benefits received by each of the Member and the Other Members of the facility to be refinanced by the Certificates. 4. The Member agrees that such Allocation Percentage shall be irrevocable after the Issue Date of the Certificates. 5. The Member acknowledges that the issuance of the Certificates, and specifically the amount allocated to the Member set forth in Appendix A (the "Allocation A7 OU77t"), may limit the Member's ability to issue bank -qualified obligations for the purposes and within the meaning of Section 265(b)(3) of the Internal Revenue Code of 1986 as amended, for calendar year 2016. The aggregation of the Allocation Amount and all other tax-exempt obligations issued or expected to be issued in calendar year 2016 by the Member does not exceed $10,000,000 6. The Allocation Certificate and Agreement is executed before the Issue Date of Certificates. Dated: 4030657.O1.0�.doc 22438$9 2016 CITY OF MCHENRY, MCHENRY COUNTY, ILLINOIS Its APPENDIX A AMOUNT (PERCENTAGE MEMBER ALLOCATED W i ALLOCATED Barrington Park District 91,126.50 7.69 Cary Park District 91,126,50 7.69 Crystal Lake Park District 91,126450 7.69 Dundee Township Park District 91 7126.50 7.69 City of Elgin 91,126,50 7.69 Hampshire Township Park District 917126.50 7.69 Huntley Park District 91,126.50 7.69 City of Harvard 91,126.50 7.69 Village of Lake in the Hills 913126,50 7.69 Marengo Park District 91,126.50 i 7.69 i City of McHenry 91,126,50 7.69�� Wauconda Park District 917126.50 7.69 City of Woodstock 91 >126,50 7.69 Total 1,185,000.00 I 100.00 Note: The total amount a��d percentages are rounded. Derik Morefield, City Administrator McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2100 Fax: (815) 363-2119 www.ci.mchenry.il.us CONSENT AGENDA DATE: September 6, 2016 TO: McHenry City Council FROM: Derik Morefield, City Administrator RE Special Event Liquor License ATT: Application Agenda Item Summary: St. Patrick Catholic Church located at 3500 Washington Street is requesting permission to sell beer and wine at the annual Oktoberfest fundraiser on Saturday, September 24th from 4:00 PM to 11:00 PM. Back rg ound: This event is held at the church each year and is well attended. Anal: The $251icense fee has been paid and all required paperwork has been submitted. No adverse reports or comments from past events have been reported. This is the first Special Event liquor license request from the church this calendar year. Recommendation: If Council concurs with this request, then it is recommended a motion is considered to approve the special event liquor license application for St. Patrick Catholic Church as presented. Tlie City of McHenry is dedicated to providing its citizens, businesses, and visitors with the highest quality ofprograms and services in acustomer-oriented, efficient, and fiscally responsib/e manner. ji i FEE $25.00 2. 3. 4. 5. 6. COMPA SPECIAL EVENT LIQUOR LICENSE APPLICATION CITY OF MCHENRY rt �� c (Sta fo' @1gctLVViasing a thority approval is required for this license) 1fflflKKAj1I APPLICATION DATE �!}T-f2J6f4 UxvirCA ADDRESS: 3S�' �' : ✓ E S/ "` e/ / Oe✓ S i . PHONE NUMBER: TYPE OF BUSINESS OR ORGANIZATION: C/1' LICENSE APPLICANT: ADDRESS:i/ G�%t9 SIf /r i?� .✓ . "/0Q CITY: e�- /J L DAYTIME TELEPHONE NO.: g �%'"S �� , � / �� EVENING TELEPHONE NO LOCATION WHERE SPECIAL EVENT HELD: OWNER OF LOCATION WHERE SPECIAL EVENT HELD: OWNER'S ADDRESS: 31CJeaIS/f �.• y �� n�' TELEPHONE NUMBER: DATES) OF EVENT: (not more than 3 days) r/Z s i/4�- i° A vLAnA'7L (non-residential premises only) HOURS: f�• °® "® l/, cc��%�fr/ TYPE OF ALCOHOL TO BE SERVED: BEERWINE LIQUOR 7. NO UNDER -AGED OR INTOXICATED PERSON(S) SHALL BE SERVED ANY ALCOHOLIC BEVERAGES. 8. DRAM SHOP INSURANCE TO THE MAXIMUM LIMIT MUST BE OBTAINED AND A CERTIFICATE OF INSURANCE NAMING THE CITY OF MCHENRY AS ADDITIONALLY INSURED SHALL BE ATTACHED TO THIS APPLICATION. AFFIDAVIT hereby sfates that the City of McHenry shall not be held liable for any occurrence, loss, damage, or injury as a retsull. of this event. Person or persons to whom this license has been issued shall hold the City of McHenry harmless in connection with any and all claims arising as a result of the consumption of alcoholic liquor or as a result ofthe issuance of this license. The undersigned certifies that they will not violate any of the laws of the City of McHenry, of the State of Illinois, or of the United States of America, in the conduct of this Special Event Liquor License and that the statements contained in this application are true and correct to the best of his/her knowledge and belief. The undersigned is aware that state liquor licensing approval is quireddffor this license. SUBSCRIBED and SWORN to before me this day of ry Public DATE ISSUED EFFECTIVE DATES) o�i2aoa of Applicant DEN)SE:tiI. TYK NQTARY Pl1B);I� '�T�1'E"OF MY GO1AlvllSlfYu`�riiie�i LICENSE NO. �lei�- Office of the Deputy City Administrator Bill Hobson McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2159 Fax: (815) 363-2119 www.ci.mchenry.il.us CONSENT AGENDA DATE: September 6, 2016 TO: McHenry City Council FROM: Bill Hobson, Deputy City Administrator RE McHenry High School Homecoming Parade ATT: Parade Route Map Agenda Item Summary: McHenry High School is requesting permission for the brief closure of city streets along the parade route for the annual McHenry High School Homecoming parade on Monday, October 3rd. A map of the route is attached to this supplement. Background: If approved, the parade will be staged in the McHenry High School East Campus parking lot off John Street at approximately 5:00 PM. At approximately 6:00 PM, the parade will proceed west on John Street, south on Center Street, and east on Kane Avenue culminating at the west entrance to McCracken Field. Analysis: The parade is brief and is expected to have minor impact on traffic. Staff reviewed the request with Police, Public Works, and Parks Deparhnent staff who expressed no concerns with the route. Recommendation: If Council concurs, then it is recommended a motion is considered to approve the request as presented. wfr� t, 4 '1 rm,. t! cjHL�en, High �1 l�,��, So }' '.yf 1 ! !fir ?~� \ Aog ,NF01Sc 4 bl-East=Ca s� -� I ,LL L IF +' a OwsZIF . 10IIIIIIIK OF '+ ti OFF I OF IF IF OFF 9IFs war . OF r. IF OF ''+ OFF.OwlOPP } i OF "1_+y1'►-., - Yam. ;jAm .. FAA _ -IF OWN IF For oleo I AV OFF WE �,. J� p �f. ! �IF �A ''% IF IF IF FIE ra , 12esloi tax OF w-'mAvmd&�IoI .OF . FOAM IF A RIF +i ;z° ""ib pp FARM Il I CD1, ' •j - 1 �✓ NN` CIO tOF en .'_ r IF OF OF Athletic Field w e Ago / r M OFF FAR + . y IF o _ GOF0 g _;7 _.v :�.Ie�Ave Kane Ave WIN I lufrtivt� - - t - - --- -- - -- - — i. - mix Ir S�nri f��rlhar.6 _ m ._ 1 (E)9016 Goonlp- Man dgt;t Q7i116 C n nnlp T�rm� Office of the City Administrator Derik, Morefield, City Administrator McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2100 Fax: (815) 363-2119 www.ci.mchenry.il.us CONSENT AGENDA TO: Mayor and City Council FROM: Derik Morefield, City Administrator FOR: September 6, 2016 Regular City Council Meeting RE: Block Party Request ATT: Application and Location Map Agenda Item Summary: An application was submitted by Grove Avenue resident Dave Stone on behalf of his neighbors who live on the easternmost end of Grove, to host a block party on Saturday, September 24 h from 12:00 PM to 3:30 PM. The residents are requesting the temporary closure of a portion of Grove Avenue east of Center Street to the dead-end as depicted on the attached map. Back rg ound: The City of McHenry allows block parties on all residential streets however they must not block intersections, cul-de-sacs or other roadways. To schedule a block party, city residents obtain a permit application online or at the Municipal Center and return it to the City Administrator's office. There is no fee for the permit. Once approved, only moveable barriers (sawhorses) that are dropped off and picked up by Public Works can be used to control traffic. Blocking streets with vehicles is prohibited. Analysis: The block party as proposed will not adversely affect the neighborhood. Recommendation: If Council concurs, then it is recommended a motion is considered to approve the block party request as presented. Public Works will provide barricades and the McHenry Township Fire Protection District and Police Department will be notified of the street closure. The C/ty of McHenry is dedicated to providii:g its citizens, businesses, and visitors with the highest quality of programs and services in acustomer-oriented, efficient, and frscally responsible mminer. Application submitted by: Street Address: Date Submitted: Date of Block Party: Block Party Permit Application Revised 7/16 a rV O 4: m U ro a e_ v '� $ /17 NOTE: PLEASE SUBMIT YOUR APPLICATION TO THE ADMINISTRATION OFFICE AT LEAST 30 DAYS PRIOR TO DATE OF PROPOSED BLOCK PARTY Hours of Proposed Street Closure Subdivision Name: U Specific Location of Proposed Street Closure (i.e. from what intersection to what intersection): from Contact Person(s): �-M 1a51 I oo�( S ��rYrt rrt� c�S Contact Persons) Address to 0:0)g © i'Oy It e Email: dQ U I d/ �1 C �►'�E' E � ralA L ; o Cv Daytime Phone Number: 0 �S 3S — 3p/zjEvening Phone Number: I hereby certify notified of salmi Signed: in my neighborhood impacted by the closure of this street have been UPON COMPLETION, PLEASE SUBMIT APPLICATION TO: CITY OF MCHENRY ADMIlVISTRATION OFFICE 'It' SOUTH GREEN STREET MCHENRY IL 60050 OR FAX: 815-36MI19 OR E-MAIL: mgeraghty a;ci.mchenry.il.us OFFICE USE ONLY COUNCIL APPROVAL ON: / / NOTIFICATION MADE TO: ❑ MCHENRY POLICE DEPT, El MCHENRY PUBLIC WORKS STREET DIVISION ❑ MCH TOWNSHIP FIRE PROTECTION DISTRICT El APPLICANT LU LU ZCoo ;. r `' �• . W ' W �. ZIV 4 Q I KANE AVENUE LU w °s — KANE-AVENUE PWAk a u w 5 �` r — ,. arm► P z , \ W IiR Pi � 1 •,.. is �, oil „.r t I� ii AMP I I , Tom__ P Z• f • 1f •iOAKAVENU f 1 Old F r` a LWU Raw be 60 t JU WROMP zpl , Q !.aWW GROV&AVE owVill * 'n ►. w 64, Rd Rot Co ri j Count o2 5 E STREET -tee of„a curd y c' �lef�r, i �. r ',. I 'ram I'. i' - ..rim Bill Hobson, Deputy City Administrator McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2100 Fax: (815) 363-2119 www.ci.mchenry.il.us CONSENT AGENDA TO: Mayor and City Council FROM: Bill Hobson, Deputy City Administrator FOR: September 6, 2016 - Regular City Council Meeting RE: Picnic Permits ATT: Permit List and Applications All fees and documentation have been satisfactorily submitted for the attached requests. If Council concurs, then it is recommended a motion is considered to approve the attached McHenry Park Facilities Beer/Wine and Liquor permits. Ilre Carty of°/61ci1'enry rs rterlr`.caierl to prrtr�rrtirtg its cifizerrs, �irrsirtesses, rzrul rr`siiors with tiro h��Fhesi rfrrrrtY.ti� rjf��rrrgrrnns rnn�' services in a ctrstnrner-orr'enterl, rfficieni, rrnrl•fisr.•utly res,�xlnsihPe rnazrtner. FOR COUNCIL MEETING ON September 6, 2016: Beer/wine Permits These are beer and wine permit requests associated with picnic permits. Date of Picnic Applicant Address 09/17/16 Francisco Roman 616 N Lillian St, Apt D, McH Parks/Forms/Picnic Permit Lists doc }arks 19liernatiun 11�Lartnreni r/ �—"r:' Contact McHENRY PARK FACILITIES :IAL USE AND/OR BEER/WINE APPLICATION c �• �, /.� f'YI � � Date of Picnic: � ` / �� '°�"' Company/Organization: v Addres�,s�: ` � e�L�- L jc t.._ _. ��+ City/State/Zip: Home Phone: ��/.� ' ! � % `�l� � � Work/Cell Phone: Park: ❑Knox Park (A only) ❑Petersen Park ❑Veteran's Memorial Park ❑ Riverwalk Bridge Area: ❑ Shelter A Shelter B ❑ Shelter C ❑Other: Arrival Time: � � �' •� �-''�` �'^�-iL--- eparture Time: �i �� r�•s Total Number Attending: .."�` Fals�ing attendance numbers will result i�z loss of deposit. Groups over 500 must obtain additional: ❑ dumpsters ❑portable toilets Water, electricity and restrooms are available at all sites. Knox Park A has a portable restroom. Please explain additional needs from the Parks Dept: Brief description of event (company picnic, car show, craft show, wedding, etc.): List all activities to be held: Items brought into park site:�Tables�hairs ❑Benches ❑Carnival Rides ❑Music ❑Animals ❑Catered Pig Roast ❑ Other l ❑ Tent: Location In Park: Size: Tent Staked: ❑yes ❑ no ELECTRICAL FOR TENTS ❑APPLICANT TO CALL JULIE (1-800-892-0123) TO BE LOCATED ❑ NO ELECTRIC: Shamrock Will beer/wine be present: ��'es ❑ No IF YOU CHECKED YES, PLEASE ANSWER QUESTIONS BELOW: Indicate the number of beer/wine permits denied � .Indicate amount of beer/wine to be brought into the City Park under this permit on above date (number of wine bottles, beer cases, beer kegs, etc.) � C.,� •- ,�j�.--- I agree that all the beer/wine containers will be removed by applicant or placed in proper containers on site on the permit date and that no underage or intoxicated person will be allowed to consume any of the beer/wine brought into the City of McHenry park under this permit. I agree that none of the beer/wine allowed in the City of McHenry park, pursuant to this application will be sold, it being understood that the sale of beer/wine under this permit issued pursuant to this application is expressly prohibited. I have read and will comply with the City of McHenry Park Permit rules. I have read and understand the rules and regulations that have been set forth by the City of McHenry regarding the Special Use and/or Beer/Wine Applications) and will assume responsibility for any loss, damage or liability arising from the use of the park property. I also understand that not complying with the Park Permit rules will result in loss of deposit. Signature: Date: ��" f-�-t �t Health permits are required by law for concessions and catering. Please make arrangements to obtain permits. NOTE: Approvalyvill be based on t t� s listed above. Any other requests are subject to further approval. �*,r*,�*��r,�******,�**�*��,�,t,t,t**��.**� �*�*,�*FOR OFFICE USE ONLY�,r***,�,�*�**x�x*,�,�***�,��**,�*�*****,r�*��>F*,�**,��>F��** Reservation Fee: $ Date Paid:.:--1�-�� ' Initials: Deposit Fee: $ r r�-`'D Payment: ash Che k 'C e Total Fee: � $ � � � Submitted to City Council: Confirmation Sent: Initials: City Council Approval: parks\forms\picnic forms\special use and beer and or wine application Vendor Name McHenry, IL Account Number Vendor: AALTO, BRIAN AALTO, BRIAN 100-22-5420 Vendor: ACE HARDWARE, MCHENRY ACE HARDWARE, MCHENRY 100-01-6110 ACE HARDWARE, MCHENRY 100-04-6210 ACE HARDWARE, MCHENRY 100-22-6110 ACE HARDWARE, MCHENRY 100-33-6110 ACE HARDWARE, MCHENRY 100-42-6110 ACE HARDWARE, MCHENRY 100-43-6110 ACE HARDWARE, MCHENRY 100-45-6110 ACE HARDWARE, MCHENRY 400-00-5375 ACE HARDWARE, MCHENRY 400-00-6110 ACE HARDWARE, MCHENRY 510-31-6110 ACE HARDWARE, MCHENRY 510-32-6110 ACE HARDWARE, MCHENRY 510-35-6110 Vendor: AMERICAN HEATING &COOLING AMERICAN HEATING & 100-04-5110 Vendor: ANDERSON, BRIAN ANDERSON, BRIAN 210 00-5110 Vendor: ASSOCIATED ELECTRICAL CONTRACTORS ASSOCIATED ELECTRICAL 100-45-5110 Vendor: AT&T AT&T 100-01-5320 AT&T 100-02-5320 AT&T 100-03-5320 AT&T 100-04-5320 AT&T 100-22-5320 AT&T 100-30-5320 AT&T 100-33-5320 AT&T 100-41-5320 AT&T 100-44-5320 AT&T 100-46-5320 AT&T 100-47-5320 AT&T 620-00-5110 AT&T 100-43-5320 AT&T 100-45-5320 Vendor: AVONTS, JANICE AVONTS, JANICE 100-41-3636 Vendor: BARCLAY, TIM BARCLAY,TIM 210-00-5110 Vendor: BIRK, ADRIANA BIRK, ADRIANA 100-22-4510 Description (Item) TRAVEL EXPENSE REIMB SUPPLIES SUPPLIES SUPPLIES SUPPLIES SUPPLIES SUPPLIES SUPPLIES SUPPLIES SUPPLIES SUPPLIES SUPPLIES SUPPLIES Expense Approval Register LIST OF BILLS COUNCIL MEETING 9/6/16 Payable Number Post Date Amount INV0002621 7/26/16-8/25/16 7/26/16-8/25/16 7/26/16-8/25/16 7/26/16-8/25/16 7/26/16-8/25/16 7/26/16-8/25/16 7/26/16-8/25/16 7/26/16-8/25/16 7/2 i/16-8/25/16 7/2i/16-8/25/16A 7/2i/16-8/25/16A 7/26/16-8/25/16A 09/06/2016 Vendor AALTO, BRIAN Total: 09/06/2016 09/06/2016 09/06/2016 09/06/2016 09/06/2016 09/06/2016 09/06/2016 09/06/2016 09/06/2016 09/06/2016 09/06/2016 09/06/2016 Vendor ACE HARDWARE, MCHENRY Total: WATER HEATER CHANGE OUT 08091602 09/06/2016 Vendor AMERICAN HEATING & COOLING Total: 34.71 34.71 54.37 8.98 121.48 131.75 457.06 31.80 206.85 12.13 8.09 172.08 227.50 75.84 1,507.93 847.00 847.00 SUMMER BAND INV0002558 09/06/2016 490.00 Vendor ANDERSON, BRIAN Total: 490.00 RIVERWALK ELECTRICAL 08-09-2016 09/06/2016 345.00 Vendor ASSOCIATED ELECTRICAL CONTRACTORS Total: 345.00 PRILINES 7/16/16-8/15/16A 09/06/2016 104.99 PRILINES 7/16/16-8/15/16A 09/06/2016 39.37 PRILINES 7/16/16-8/15/16A 09/06/2016 85.30 PRILINES 7/16/16-8/15/16A 09/06/2016 45.93 PRILINES 7/16/16-8/15/16A 09/06/2016 255.91 PRILINES 7/16/16-8/15/16A 09/06/2016 39.37 PRILINES 7/16/16-8/15/16A 09/06/2016 13.12 PRILINES 7/16/16-8/15/16A 09/06/2016 39.37 PRILINES 7/16/16-8/15/16A 09/06/2016 6.56 PRILINES 7/16/16-8/15/16A 09/06/2016 13.12 PRI LINES 7/16/16-8/15/16A 09/06/2016 6.56 PRILINES 7/16/16-8/15/16A 09/06/2016 26.26 ALARM CIRCUITS 8/16/16-9/15/16 09/06/2016 307.13 ALARM CIRCUITS 8/16/16-9/15/16 09/06/2016 307.13 Vendor AT&T Total: 10290.12 PARKS & REC REFUND 140366 09/06/2016 178.00 VendorAVONTS, JANICE Total: 178.00 SUMMER BAND FEES INV0002559 09/06/2016 480.00 Vendor BARCLAY, TIM Total: 480.00 EMPLOYEE UNIFORM ALLOW INV0002622 09/06/2016 59.95 Vendor BIRK, ADRIANA Total: 59.95 8/31/2016 12:26:11 PM Expense Approval Register Packet: APPKT00559 - 9/6/16 ap cks Vendor Name Account Number Description (Item) Payable Number Post Date Amount Vendor: BIRK, JOHN BIRK, JOHN 100-22-5420 REIMB TRAVEL EXP INV0002539 09/06/2016 323.20 BIRK, JOHN 100-22-5440 TUITION REIMB - MSCS 530 INV0002540 09/06/2016 1,125,00 BIRK, JOHN 100-22-4510 EMPLOYEE UNIFORM ALLOW INV0002541 09/06/2016 118.96 BIRK, JOHN 100-22-5420 REIMB TRAVEL EXP INV0002542 09/06/2016 2536 Vendor BIRK, JOHN Total: 11592.92 Vendor: BRENNAN, DAN BRENNAN,DAN 100-03-5110 MOWING SERVICES 8/5/16 09/06/2016 280.00 BRENNAN,DAN 100-03-5110 MOWING SERVICES 8/19/2016 09/06/2016 980.00 Vendor BRENNAN, DAN Total: 1,260.00 Vendor: BROWN, ADAM BROWN, ADAM 210-00-5110 SUMMER BAND FEES INV0002560 09/06/2016 60.00 Vendor BROWN, ADAM Total: 60.00 Vendor: BROWN, JUDY BROWN, JUDY I 100-47-5110 PARKS & REC PROGRAM 6/20/16-8/9/16 09/06/2016 100.00 Vendor BROWN, JUDY 1 Total: 100.00 Vendor: BS&4 SOFTWARE BS&A SOFTWARE 620-00-5110 ANNUAL SERVICE/SUPPORT 108231 09/06/2016 31920,00 Vendor BS&A SOFTWARE Total: %920.00 Vendor: BURRAFATO, SAM BURRAFATO, SAM 100-33-4510 REIMB CLOTHING ALLOW INV0002543 09/06/2016 71.01 BURRAFATO, SAM 100-33-5430 CDL LICENSE REIMB INV0002623 09/06/2016 60,00 Vendor BURRAFATO, SAM Total: 131.01 Vendor: BURRIS EQUIPMENT COMPANY BURRIS EQUIPMENT COMPANY 100-45-6110 SUPPLIES RL48162 09/06/2016 136.40 BURRIS EQUIPMENT COMPANY 100-45-5370 VEHICLE REPAIR SUPPLIES PL95675 09/06/2016 211.69 Vendor BURRIS EQUIPMENT COMPANY Total: 348.09 Vendor: BUSS FORD SALES BUSS FORD SALES 450-00-8400 PO VEHICLE 35843 09/06/2016 25,848.00 BUSS FORD SALES 450-00-8400 FORD EXPLORER 35889 09/06/2016 27,295.00 BUSS FORD SALES 450-00-8400 FORD INTERCEPTOR 35844 09/06/2016 250848,00 Vendor BUSS FORD SALES Total: 78,991000 Vendor: CABAY & COMPANY INC CABAY & COMPANY INC 100-01-6110 SUPPLIES 55745 09/06/2016 123.08 CABAY & COMPANY INC 100-01-6110 SUPPLIES 55782 09/06/2016 805.40 Vendor CABAY & COMPANY INC Total: 928.48 Vendor: CAREY ELECTRIC CAREY ELECTRIC 100-45-5110 RIVERWALK ELECTRICAL WORK 31337 09/06/2016 144.00 Vendor CAREY ELECTRIC Total: 144.00 Vendor: CAVANAUGH, IAN CAVANAUGH, IAN 100-47-5110 SOFTBALL UMPIRE FEES 8/2/16-8/11/16 09/06/2016 69.00 Vendor CAVANAUGH, IAN Total: 69.00 Vendor: CDW GOVERNMENT INC CDW GOVERNMENT INC 100-01-5110 CONTRACTUAL SERVICES DXF8865 09/06/2016 180.30 Vendor CDW GOVERNMENT INC Total: 180.30 Vendor: CENTEGRA OCCUPATIONAL HEALTH CENTEGRA OCCUPATIONAL 100-01-5110 MEDICALSERVICES 174993 09/06/2016 30.00 CENTEGRA OCCUPATIONAL 100-01-5110 MEDICALSERVICES 175221 09/06/2016 75.00 CENTEGRA OCCUPATIONAL 100-01-5110 MEDICALSERVICES 175246 09/06/2016 165.00 CENTEGRA OCCUPATIONAL 100-01-5110 MEDICALSERVICES 175583 09/06/2016 30.00 CENTEGRA OCCUPATIONAL 100-01-5110 MEDICALSERVICES 175639 09/06/2016 75.00 Vendor CENTEGRA OCCUPATIONAL HEALTH Total: 375.00 Vendor: CHANCELLOR, ALEXIS CHANCELLOR, ALEXIS 100-22-5420 REIMB TRAVEL EXP INV0002544 09/06/2016 16.00 Vendor CHANCELLOR, ALEXIS Total: 16.00 8/31/2016 12:26:11 PM Expense Approval Register Vendor Name Vendor: CHEN, JENNY CHEN, JENNY Vendor: CHILDRESS, DAVID CHILDRESS, DAVID Vendor: CLESEN, NICHOLAS CLESEN, NICHOLAS Vendor: COMCAST CABLE COMCAST CABLE Vendor: COMED COMED COMED COMED COMED COMED COMED COMED COMED COMED COMED Account Number 100-41-3634 210-00-5110 100-22-5420 620-00-5110 100-41-5510 100-33-5520 100-41-5510 100-45-5510 510-32-5510 510-31-5510 510-32-5510 510-31-5510 510-32-5510 510-32-5510 Vendor: COMMUNITY SAILING SCHOOL AT PISTAKEE INC COMMUNITY SAILING SCHOOL 100-42-5110 Vendor: CONSERV FS CONSERV FS 100-45-6110 CONSERV FS 100-45-6110 Vendor: CONSTELLATION NEWENERGY INC CONSTELLATION NEWENERGY 510-32-5510 CONSTELLATION NEWENERGY 100-42-5510 CONSTELLATION NEWENERGY 100-33-5520 CONSTELLATION NEWENERGY 510-32-5510 CONSTELLATION NEWENERGY 100-33-5520 CONSTELLATION NEWENERGY 100-45-5510 Vendor: CORKSCREW GYMNASTICS & SPORTS ACADEMY CORKSCREW GYMNASTICS & 100-47-6110 CORKSCREW GYMNASTICS & 100-47-6110 Vendor: CRESCENT ELECTRIC SUPPLY CO CRESCENT ELECTRIC SUPPLY CO 100-45-6110 Vendor: CRYSTAL CLEAR MUSIC PRODUCTIONS CRYSTAL CLEAR MUSIC 210-00-5110 Vendor: CURRAN CONTRACTING COMPANY CURRAN CONTRACTING 440-00-8600 Vendor: DAWSON, CHRISTINE DAWSON, CHRISTINE 100-22-4510 Description (Item) PARKS & REC PROGRAM SUMMER BAND FEES REIMB TRAVEL EXP CABLE TV-PW UTILITIES UTILITIES UTILITIES UTILITIES PUMPING UTILITIES UTILITIES PUMPING PUMPING UTILITIES SAILING LESSONS Payable Number 140224 INV0002561 INV0002545 INV0002546 6/23/16-7/20/16 7/20/16-8/19/16 7/20/16-8/19/16 7/20/16-8/19/16 7/25/16-8/23/16A 7/27/16-8/24/16 7/27/16-8/24/16 7/27/16-8/25/16 7/27/16-8/25/16 7/27/16-8/25/16B Packet: APPKT00559 - 9/6/16 ap cks Post Date 09/06/2016 Vendor CHEN, JENNY Total: 09/06/2016 Vendor CHILDRESS, DAVID Total: 09/06/2016 Vendor CLESEN, NICHOLAS Total: 09/06/2016 Vendor COMCAST CABLE Total: 09/06/2016 09/06/2016 09/06/2016 09/06/2016 09/06/2016 09/06/2016 09/06/2016 09/06/2016 09/06/2016 09/06/2016 Vendor COMED Total: 101 09/06/2016 Vendor COMMUNITY SAILING SCHOOL AT PISTAKEE INC Total: SUPPLIES 65017661 09/06/2016 SUPPLIES 65018768 09/06/2016 Vendor CONSERV FS Total: PUMPING FEES 6/23/16-7/25/16 09/06/2016 UTILITIES 7/22/16-8/19/16 09/06/2016 UTILITIES 7/25/16-8/19/16 09/06/2016 UTILITIES 7/25/16-8/19/16C 09/06/2016 UTILITIES 7/25/16-8/231/6 09/06/2016 UTILITIES 7/27/16-8/22/16 09/06/2016 Vendor CONSTELLATION NEWENERGY INC Total: PARKS & REC PROGRAM 314 09/06/2016 PARKS & REC PROGRAM 321 09/06/2016 Vendor CORKSCREW GYMNASTICS & SPORTS ACADEMY Total: SUPPLIES SUMMER BAND FEES STREET PROGRAM S502425496.001 09/06/2016 Vendor CRESCENT ELECTRIC SUPPLY CO Total: INV0002562 09/06/2016 Vendor CRYSTAL CLEAR MUSIC PRODUCTIONS Total: 13712 EMPLOYEE UNIFORM ALLOW INV0002547 09/06/2016 Vendor CURRAN CONTRACTING COMPANY Total: 09/06/2016 Vendor DAWSON, CHRISTINE Total: Amount 116.00 116.00 150.00 150.00 184.73 184.73 120.49 120.49 1,241.09 30.18 31355,01 34.11 172.15 298.37 87.98 314.92 1,203.91 29,94 6,767.66 230.00 230.00 167.40 189.00 356.40 12,018,13 889.33 424.81 37.24 1,86&18 344.23 15,581.92 40.00 120.00 160.00 13.77 13.77 1,100.00 1/100000 164,561622 164,561.22 190.95 190.95 8/31/2016 12:26:11 PM Expense Approval Register Vendor Name Vendor: DERAN, JASON DERAN, JASON Vendor: DIXON ENGINES DIXON ENGINEERING INC Account Number Description (Item) Payable Number 210-00-5110 SUMMER BAND FEES INV0002563 INC 740-00-5220 RETAINED PRESONNEL-T 16-0814 Vendor: DOCUMENT IMAGING DIMENSIONS INC DOCUMENT IMAGING 620-00-6210 Vendor: DURA WAX COMPANY INC, THE DURA WAX COMPANY INC, THE 100-45-6110 Vendor: DURHAM SCHOOL SERVICES DURHAM SCHOOL SERVICES 100-46-5110 DURHAM SCHOOL SERVICES 100-46-5110 Vendor: EDESIGN CHICAGO EDESIGN CHICAGO 100-41-5310 EDESIGN CHICAGO 400-00-5210 Vendor: EISERMAN, TERRY EISERMAN, JERRY 100-46-6110 Vendor: EPIC DELI EPIC DELI 100-00 3410 Vendor: FEDERAL SIGNAL CORPORATION FEDERALSIGNAL 100-22-5370 Vendor: FEO, PHILIP FEO, PHILIP 210-00-5110 Vendor: FGM ARCHITECTS FGM ARCHITECTS 440-00-8200 Vendor: FISCHER BROS FRESH FISCHER BROS FRESH 100-45-6110 Vendor: FLICK, TRAVIS FLICK, TRAVIS 100-41-3637 Vendor: FOX VALLEY FIRE & SAFETY FOX VALLEY FIRE & SAFETY 225-00-5110 FOX VALLEY FIRE & SAFETY 225-00-5110 FOX VALLEY FIRE & SAFETY 225-00-5110 FOX VALLEY FIRE & SAFETY 225-00-5110 FOX VALLEY FIRE & SAFETY 225-00-5110 Vendor: FREUND, MICHAEL R FREUND,MICHAELR 210-00-5110 Vendor: GEGER, AGUSTUS GEGER, AGUSTUS 210-00-5110 Packet: APPKT00559 - 9/6/16 ap cks Post Date Amount 09/06/2016 140.00 Vendor DERAN, JASON Total: 140.00 09/06/2016 Vendor DIXON ENGI 1,350.00 INC Total: 1,350.00 TONER SUPPLIES 305162 09/06/2016 Vendor DOCUMENT IMAGING DIMENSIONS INC Total: SUPPLIES 385044 09/06/2016 Vendor DURA WAX COMPANY INC, THE Total: PARKS & RECTRANSPORTTO 91344436 PARKS & REC TRANSPORT TO 91347757 GRAPHIC 2015728 GRAPHIC 2015728 DAY CAMP SUPPLIES INV0002548 TEMP SIGN REFUND INV0002549 VEHICLE REPAIRS 6361883 SUMMER BAND FEES INV0002564 PD/DISPATCH RENOV 16-2188,01-3 MATERIALS 7019 PARKS PROGRAM REFUND 140223 MUNICIPAL RADIO MAINT IN00019963 ANNUAL SOFTWARE FEES IN00021508 RADIOINSTALLATION IN00022192 RADIOINSTALLATION IN00022222 RADIOINSTALLATION IN00022223 SUMMER BAND FEES INV0002565 SUMMER BAND FEES INV0002567 09/06/2016 09/06/2016 Vendor DURHAM SCHOOL SERVICES Total: 09/06/2016 09/06/2016 Vendor EDESIGN CHICAGO Total: 09/06/2016 Vendor EISERMAN, JERRY Total: 09/06/2016 Vendor EPIC DELI Total: 09/06/2016 Vendor FEDERAL SIGNAL CORPORATION Total: 09/06/2016 Vendor FEO, PHILIP Total: 09/06/2016 Vendor FGM ARCHITECTS Total: 09/06/2016 Vendor FISCHER BROS FRESH Total: 09/06/2016 Vendor FLICK, TRAVIS Total: 09/06/2016 09/06/2016 09/06/2016 09/06/2016 09/06/2016 Vendor FOX VALLEY FIRE & SAFETY Total: 09/06/2016 Vendor FREUND, MICHAEL R Totai: 09/06/2016 Vendor GEGER, AGUSTUS Total: 118.00 118.00 124.40 124.40 357.60 312.50 670.10 1,600.00 785.00 2,385.00 12.19 12.19 30.00 30.00 117.64 117.64 60.00 60.00 6,282.42 6,282.42 745.75 745.75 75.00 75.00 1,157.00 3,785.00 195.00 195.00 195.00 5,527.00 350.00 350.00 280.00 280.00 8/31/2016 12:26:11 PM Expense Approval Register Vendor Name Account Number Vendor: GLICK IV, HENRY W GLICK IV, HENRY W 100-47-5110 Vendor: GOETTSCHEI NICHOLAS GOETTSCHE, NICHOLAS 100-33-4510 Vendor: GOLF ACADEMY AT TERRA COTTA LLC GOLF ACADEMY AT TERRA 100-47-5110 Vendor: GOVERNMENT FINANCE OFFICERS ASSOCIATION GOVERNMENT FINANCE 100-04-5410 Vendor: GREVE,CODY GREVE, CODY 100-41-3637 Vendor:GUYNES,TERRY GUYNES, TERRY 210-00-5110 Vendor: HALOGEN SUPPLY COMPANY HALOGEN SUPPLY COMPANY 100-42-6110 HALOGEN SUPPLY COMPANY 100-42-6110 Vendor: HIBBARD, DAVID HIBBARD, DAVID 210-00-5110 Vendor: HOLTZ, THEODORE M HOLTZ, THEODORE M 210-00-5110 Vendor: HOME DEPOT CREDIT SERVICES HOME DEPOTCREDITSERVICES 100-01-6110 HOME DEPOT CREDIT SERVICES 100-22-6210 HOME DEPOT CREDIT SERVICES 100-23-6210 HOME DEPOT CREDIT SERVICES 100-33-6110 HOME DEPOT CREDIT SERVICES 100-45-6110 HOME DEPOT CREDIT SERVICES 400-00-5375 HOME DEPOT CREDIT SERVICES 400-00-6110 HOME DEPOT CREDIT SERVICES 510-31-6110 HOME DEPOT CREDIT SERVICES 510-32-6110 HOME DEPOT CREDIT SERVICES 510-35-6110 Vendor: HRGREEN HRGREEN 270-00-8600 HRGREEN 100-30-5110 HRGREEN 270-00-8600 HRGREEN 580-32-8500 HRGREEN 740-00-5220 HRGREEN 510-35-8500 HRGREEN 440-00-8900 HRGREEN 740-00-5220 HRGREEN 510-31-8500 HRGREEN 440-00-8600 HRGREEN 400-00-8200 HRGREEN 280-41-8800 HRGREEN 100-01-5110 Description (Item) SOFTBALL UMPIRE FEES Payable Number 8/2/16-8/11/16 Packet: APPKT00559 - 9/6/16 ap cks Post Date 09/06/2016 Vendor GLICK IV, HENRY W Total: EMPLOYEE CLOTHING ALLOW INV0002550 09/06/2016 Vendor GOETTSCHE, NICHOLAS Total: PARKS & REC PROGRAM 262108A, 108B, 262108E 09/06/2016 Vendor GOLF ACADEMY AT TERRA COTTA LLC Total: Amount 184.00 184.00 192.59 192.59 1,760.00 1,760.00 MEMBERSHIP RENEWAL 9/1/16-8/31/16 09/06/2016 225.00 Vendor GOVERNMENT FINANCE OFFICERS ASSOCIATION Total: 225.00 PARKS &REC PROGRAM 140220 09/06/2016 100.00 Vendor GREVE, CODY Total: 100.00 SUMMER BAND FEES INV0002566 09/06/2016 210.00 Vendor GUYNES, TERRY Total: 210.00 SUPPLIES 00491763 09/06/2016 37.05 SUPPLIES 00492246 09/06/2016 24.56 Vendor HALOGEN SUPPLY COMPANY Total: 61.61 SUMMER BAND FEES INV0002568 09/06/2016 350.00 Vendor HIBBARD, DAVID Total: 350.00 SUMMER BAND FEES INV0002569 09/06/2016 420.00 Vendor HOLTZ, THEODORE M Total: 420.00 SUPPLIES 7/22/16-8/19/16 09/06/2016 182.52 SUPPLIES 7/22/16-8/19/16 09/06/2016 16.34 SUPPLIES 7/22/16-8/19/16 09/06/2016 6.47 SUPPLIES 7/22/16-8/19/16 09/06/2016 840.02 SUPPLIES 7/22/16-8/19/16 09/06/2016 403.67 SUPPLIES 7/22/16-8/19/16 09/06/2016 38.90 SUPPLIES 7/22/16-8/19/16 09/06/2016 239.25 SUPPLIES 7/22-8/19/16 09/06/2016 32.18 SUPPLIES 7/22-8/19/16 09/06/2016 834.88 SUPPLIES 7/22-8/19/16 09/06/2016 29.72 Vendor HOME DEPOT CREDIT SERVICES Total: 2,623.95 STREET PROGRAM 12-106226 09/06/2016 1,547.98 LAKELAND PK DRAIN STUDY 106119 09/06/2016 4,746.75 BULL VALLEY/CURRAN RD 106190 09/06/2016 3,263.94 SEWER CONS 106337 09/06/2016 481921.15 RETAINED PERSONNEL- 106367 09/06/2016 21410,25 MILLSTREAM 106369 09/06/2016 21125.50 TRAFFIC SIGNAL 106370 09/06/2016 996.00 RETAINED PERSONNEL- 106372 09/06/2016 11411,00 WATERTOWER 106375 09/06/2016 945.00 2016 ROAD PROGRAM 106459 09/06/2016 6,497.00 RECCENTER CONSTRUCTION 106371 09/06/2016 498.00 REC CENTER BIKE PATH 106374 09/06/2016 331.72 WEST GRANT DEVELOPMENT 106368 09/06/2016 982.00 Vendor HRGREEN Total: 74,676.29 8/31/2016 12:26:11 PM Expense Approval Register Vendor Name Account Number Vendor: HUEGAH CATERING HUEGAH CATERING 100-46-5110 Vendor: ILLINOIS STATE POLICE ILLINOIS STATE POLICE 100-01-5110 Packet: APPKT00559 - 9/6/16 ap cks Description (Item) Payable Number Post Date Amount PARKS 8 REC PROGRAM 8/26/16 09/06/2016 Vendor HUEGAH CATERING Total: REPLENISH BACKGR CKS-LIQ 7/31/16 09/06/2016 Vendor: INTERNAT'L ACADEMIES OF EMERGENCY DISPATCH INTERNAT'LACADEMIES OF 100-23-5430 TRAINING INTERNAT'L ACADEMIES OF 100-23-5430 TRAINING INTERNAT'L ACADEMIES OF 100-23-5430 TRAINING Vendor:JORDAN,BRENT JORDAN, BRENT 210-00-5110 Vendor: KIEFER SWIM PRODUCTS KIEFER SWIM PRODUCTS 100-42-6110 Vendor: KIRCHNER FIRE KIRCHNER FIRE 100-01-5110 KIRCHNER FIRE 100-01-5110 Vendor: KLASEK, ROBERTJ KLASEK, ROBE 100-22-5420 Vendor: KNAUF, MICHAELI KNAUF, MICHAELJ 210-00-5110 Vendor: LAFARGE NORTH AMERICA LAFARGE NORTH AMERICA 100-45-6110 Vendor: LAKESIDE PEST CONTROL SERVICE INC LAKESIDE PEST CONTROL 100-01-5110 Vendor: LEGG, DANA L LEGG, DANA L Vendor: LUSH, PAIGE LUSH, PAIGE 210-00-5110 210-00-5110 Vendor: MAGNINNI, MARTY MAGNINNI, MARTY 210-00-5110 Vendor: MCANDREWS PC, THE LAW OFFICE OF PATRICK MCANDREWS PC, THE LAW 100-01-5230 Vendor: MCCANN INDUSTRIES INC MCCANN INDUSTRIES INC 100-45-6110 Vendor: MCHENRY COUNTY RECORDER OF DEEDS MCHENRY COUNTY RECORDER 620-00-5110 Vendor: MCHENRY POWER EQUIPMENT INC MCHENRY POWER EQUIPMENT 100-45-5370 MCHENRY POWER EQUIPMENT 100-45-5370 SUPPLIES CONTRACTUAL SERVICES CONTRACTUAL SERVICES TRAINING SUMMER BAND FEES MATERIALS PEST CONTROL SERVICES SUMMER BAND FEES SUMMER BAND FEES SUMMER BAND FEES Vendor ILLINOIS STATE POLICE Total: 165938 09/06/2016 SIN002320 09/06/2016 SIN002450 09/06/2016 Vendor INTERNAT'LACADEMIES OF EMERGENCY DISPATCH Total: INV0002570 09/06/2016 Vendor JORDAN, BRENT Total: 634158 09/06/2016 Vendor KIEFER SWIM PRODUCTS Total: 40967 09/06/2016 40976 09/06/2016 Vendor KIRCHNER FIRE Total: INV0002624 09/06/2016 Vendor KLASEK, ROBERT J Total: INV0002571 09/06/2016 Vendor KNAUF, MICHAEL J Total: 706320876 09/06/2016 Vendor LAFARGE NORTH AMERICA Total: 076087 09/06/2016 Vendor LAKESIDE PEST CONTROL SERVICE INC Total: INV0002572 09/06/2016 Vendor LEGG, DANA LTotal: INV0002573 09/06/2016 Vendor LUSH, PAIGE Total: 502.50 502.50 500.00 500.00 100.00 400.00 100.00 600.00 70.00 70.00 139.30 139.30 727.25 388.50 1,115.75 8.00 8.00 80.00 80.00 264.40 264.40 115.00 115.00 410.00 410.00 220.00 220.00 INV0002574 09/06/2016 120.00 Vendor MAGNINNI, MARTYTotal: 120.00 TRAFFIC/ORD VIOLATIONS - AUGUST 2016 09/06/2016 Vendor MCANDREWS PC, THE LAW OFFICE OF PATRICK Total: SUPPLIES 03196696 09/06/2016 Vendor MCCANN INDUSTRIES INC Total: LAREDO BILLING-4TH QTR 2016819--17 09/06/2016 Vendor MCHENRY COUNTY RECORDER OF DEEDS Total: POOL REPAIRS 182209 09/06/2016 POOL REPAIRS 182419 09/06/2016 5,175.00 5,175.00 228.57 228.57 275.00 275.00 13.80 5.61 8/31/2016 12:26:11 PM Expense Approval Register Packet: APPKT00559 - 9/6/16 ap cks Vendor Name Account Number Description (Item) Payable Number Post Date Amount MCHENRY POWER EQUIPMENT 100-45-5370 POOL PUMP REPAIRS 182710 09/06/2016 2.09 Vendor MCHENRY POWER EQUIPMENT INC Total: 21.50 Vendor: MCHENRY SCHOOLS TRANSPORTATION DEPT MCHENRY SCHOOLS 100-42-5110 MARLINS 8/10/16 09/06/2016 101.78 Vendor MCHENRY SCHOOLS TRANSPORTATION DEPT Total: 101.78 Vendor: MERRYMAN EXCAVATION INC MERRYMAN EXCAVATION INC 580-32-8500 SEWER CONS 2 09/06/2016 694,274,17 Vendor MERRYMAN EXCAVATION INC Total: 694,274.17 Vendor: METRO DOOR AND DOCK INC METRO DOOR AND DOCK INC 100-45-5110 GREEN DOOR REPAIRS 52935 09/06/2016 465.45 Vendor METRO DOOR AND DOCK INC Total: 465.45 Vendor: METROPOLITAN MAYORS CAUCUS METROPOLITAN MAYORS 100-01-5410 2015-2016 CAUCUS DUES 2016-163 09/06/2016 11214.64 Vendor METROPOLITAN MAYORS CAUCUS Total: 11214.64 Vendor: MID AMERICAN WATER OF WAUCONDA INC MID AMERICAN WATER OF 100-45-6110 DOG PARK SUPPLIES 177615W 09/06/2016 576.40 Vendor MID AMERICAN WATER OF WAUCONDA INC Total: 576.40 Vendor: MIDCO MIDCO 620-00-8300 VOIP PHONES BALANCE 307404 09/06/2016 34,541,01 MIDCO 620-00-8300 5304 PHONE 307406 09/06/2016 112.12 MIDCO 620-00-6270 PHONES TO COMPLETE VOIP 307409 09/06/2016 2,091.80 MIDCO 620-00-5110 REC CENTER PAGE UNIT 307412 09/06/2016 202.88 Vendor MIDCO Total: 36,947.81 Vendor: MIDWEST HOSE AND FITTINGS INC MIDWEST HOSE AND FITTINGS 100-45-6110 SUPPLIES M17722 09/06/2016 89.37 Vendor MIDWEST HOSE AND FITTINGS INC Total: 89.37 Vendor: MINUTEMAN PRESS OF MCH MINUTEMAN PRESS OF MCH 100-22-6210 SUPPLIES 86638 09/06/2016 28.00 MINUTEMAN PRESS OF MCH 100-00-6210 SUPPLIES 86704 09/06/2016 11367,93 MINUTEMAN PRESS OF MCH 100-00-6210 SUPPLIES 86712 09/06/2016 109.53 Vendor MINUTEMAN PRESS OF MCH Total: 1,505.46 Vendor: MITCHELL, BILL MITCHELL, BILL 210-00-5110 SUMMER BAND FEES INV0002575 09/06/2016 480.00 Vendor MITCHELL, BILL Total: 480.00 Vendor: MNJ TECHNOLOGIES DIRECT INC MNJ TECHNOLOGIES DIRECT 100-22-6270 MONITORS CALEA OFFICE 0003482606 09/06/2016 208.26 Vendor MNJ TECHNOLOGIES DIRECT INC Total: 208.26 Vendor: MORLEY, LINDSAY MORLEY, LINDSAY 100-41-3637 PARKS & REC REFUND 140231 09/06/2016 40.00 Vendor MORLEY, LINDSAY Total: 40.00 Vendor: MULCH CENTER, THE MULCH CENTER, THE 100-45-6110 MATERIALS 17759 09/06/2016 62.14 Vendor MULCH CENTER, THE Total: 62.14 Vendor: MUNICIPAL CLERKS OF LAKE COUNTY MUNICIPAL CLERKS OF LAKE 100-01-5410 9/7/16 MEETING INV0002551 09/06/2016 15.00 Vendor MUNICIPAL CLERKS OF LAKE COUNTY Total: 15.00 Vendor: NEUMANN JR, EDWARD J NEUMANN JR, EDWARD J 740-00-6960 PARKING LOT RENTAL SEPT SEPT2016 09/06/2016 500.00 Vendor NEUMANN JR, EDWARD J Total: 500.00 Vendor: NICOR GAS NICOR GAS 100-41-5510 UTILITIES 7/15/16-8/12/16 09/06/2016 111.30 NICOR GAS 510-31-5510 UTILITIES 7/15-8/12/16 09/06/2016 32.67 NICOR GAS 510-32-5510 UTILITIES 7/15-8/12/16 09/06/2016 52.73 NICOR GAS 100-45-5510 UTILITIES 7/14/16-8/12/16 09/06/2016 12.50 NICOR GAS 100-46-5510 UTILITIES 7/14/16-8/12/16 09/06/2016 12.49 8/31/2016 12:26:11 PM Expense Approval Register Vendor Name Account Number Description (Item) Payable Number NICOR GAS 510-31-5510 UTILITIES 7/14-8/12/16 NICOR GAS 510-32-5510 UTILITIES 7/14-8/12/16 NICOR GAS 100-43-5510 UTILITIES 7/19/16-10/4/16 NICOR GAS 100-45-5510 UTILITIES 7/19/16-10/4/16 NICOR GAS 510-32-5510 UTILITIES 7/19-10/4/16 NICOR GAS 100-42-5510 UTILITIES 7/14/16-8/12/16A NICOR GAS 100-45-5510 UTILITIES 7/20/16-8/18/16 Vendor: NORTH SUBURBAN WATER NORTH SUBURBAN WATER 510-31-5430 MONTHLY MEETING SEPT 2015 Vendor: NORTHWEST ELECTRICAL SUPPLY CO INC NORTHWEST ELECTRICAL 100-01-6110 SUPPLIES Vendor: PEPSI BEVERAGE COMPANY PEPSI BEVERAGE COMPANY 100-44-6110 CONCESSION SUPPLIES Vendor: PETERSON, DWAYNE PETERSON, DWAYNE Vendor: PETROLIANCE LLC PETROLIANCE LLC PETROLIANCE LLC PETROLIANCE LLC Vendor: PITNER, KEITH PITNER, KEITH Vendor: POE, DAVE POE, DAVE Vendor: POLIDORI, PATRICK POLIDORI, PATRICK Vendor: POTTS, MIKE POTTS, MIKE Vendor: RAND,CARSON RAND, CARBON Vendor: REINDERS INC REINDERS INC REINDERS INC REINDERS INC REINDERS INC REINDERS INC REINDERS INC REINDERS INC REINDERS INC REINDERS INC Vendor: RESERVE ACCOUNT RESERVE ACCOUNT RESERVE ACCOUNT RESERVEACCOUNT RESERVEACCOUNT Packet: APPKT00559 - 9/6/16 ap cks Post Date 09/06/2016 09/0i/2016 09/0i/2016 09/0i/2016 09/0 i/2016 09/0 i/2016 09/0i/2016 Vendor NICOR GAS Total: 09/06/2016 Vendor NORTH SUBURBAN WATER Total: 17286498 09/06/2016 Vendor NORTHWEST ELECTRICAL SUPPLY CO INC Total: 80068659 09/06/2016 Vendor PEPSI BEVERAGE COMPANYTotal: Amount 243.26 160.87 18.08 16.05 97.42 126.14 73.44 956.95 100.00 100.00 34.55 34.55 226.57 226.57 100-47-5110 SOFTBALL UMPIRE FEES 8/2/16-8/11/16 09/06/2016 115.00 Vendor PETERSON, DWAYNE Total: 115.00 100-45-6250 VEHICLE FUEL 9818096 09/06/2016 278.01 100-03-6250 VEHICLE FUEL 9841218 09/06/2016 156.98 100-45-6250 VEHICLE FUEL 9841221 09/06/2016 1,296.34 Vendor PETROLIANCE LLC Total: 10731.33 210-00-5110 SUMMER BAND FEES INV0002576 09/06/2016 60.00 Vendor PITNER, KEITH Total: 60.00 210-00-5110 SUMMER BAND FEES INV0002577 09/06/2016 420.00 Vendor POE, DAVE Total: 420.00 100-22-5420 TRAVEL EXP REIMB INV0002553 09/06/2016 98.00 Vendor POLIDORI, PATRICK Total: 98.00 210-00-5110 SUMMER BAND FEES INV0002578 09/06/2016 280.00 Vendor POTTS, MIKE Total: 280.00 100-41-3637 PARKS & REC REFUND 140219 09/06/2016 200.00 Vendor RAND, CARBON Total: 200.00 100-45-5370 VEHICLE REPAIR SUPPLIES 1644944-00 09/06/2016 122.29 100-45-5370 VEHICLE REPAIR SUPPLIES 1649998-00 09/06/2016 59.69 100-45-5370 VEHICLE REPAIR SUPPLIES 1650307-00 09/06/2016 107.95 100-45-5370 VEHICLE REPAIR SUPPLIES 1648095-00 09/06/2016 960.96 100-45-5370 VEHICLE REPAIR SUPPLIES 1648620-00 09/06/2016 692.43 100-45-5370 VEHICLE REPAIR SUPPLIES 1649469-00 09/06/2016 73.28 100-45-5370 VEHICLE REPAIR SUPPLIES 1649998-01 09/06/2016 104.13 100-45-5370 VEHICLE REPAIR SUPPLIES 1650016-00 09/06/2016 37.83 100-45-5370 REPAIRS 1652315-00 09/06/2016 37.27 Vendor REINDERS INC Total: 20195.83 100-01-5310 POSTAGE FOR MAILING INV0002554 09/06/2016 2.92 100-02-5310 POSTAGE FOR MAILING INV0002554 09/06/2016 7.28 100-03-5310 POSTAGE FOR MAILING INV0002554 09/06/2016 103.66 100-04-5310 POSTAGE FOR MAILING INV0002554 09/06/2016 368.62 8/31/2016 12:26:11 PM Expense Approval Register Packet: APPKT00559 - 9/6/16 ap cks Vendor Name Account Number Description (Item) Payable Number Post Date Amount RESERVE ACCOUNT 100-22-5310 POSTAGE FOR MAILING INV0002554 09/06/2016 252.14 RESERVE ACCOUNT 100-30-5310 POSTAGE FOR MAILING INV0002554 09/06/2016 10.28 RESERVE ACCOUNT 100-41-5310 POSTAGE FOR MAILING INV0002554 09/06/2016 303.45 RESERVE ACCOUNT 510-31-5310 POSTAGE FOR MAILING INV0002555 09/06/2016 7&81 RESERVE ACCOUNT 510-32-5310 POSTAGE FOR MAILING INV0002555 09/06/2016 6.47 Vendor RESERVE ACCOUNT Total: 11133.63 Vendor: REVCORE RADIATOR INC REVCORE RADIATOR INC 100-45-5370 VEHICLE REPAIRS 6710 09/06/2016 160.00 Vendor REVCORE RADIATOR INC Total: 160.00 Vendor: RIVERSIDE ANIMAL CLINIC RIVERSIDE ANIMAL CLINIC 100-46-5110 PARKS &REC VET CAMP 8/10/16 09/06/2016 400.00 Vendor RIVERSIDE ANIMAL CLINIC Total: 400.00 Vendor: ROGERS, MATT ROGERS, MATT 100-33-4510 REIMB BOOT ALLOW INV0002556 09/06/2016 125.00 Vendor ROGERS, MATT Total: 125.00 Vendor: RUSSO, NICK RUSSO, NICK 210-00-5110 SUMMER BAND FEES INV0002579 09/06/2016 420.00 Vendor RUSSO, NICK Total: 420.00 Vendor: SAFELITE AUTOGLASS SAFE LITE AUTOG LASS 100-22-5370 VEHICLE REPAIRS 05830-634657 09/06/2016 79.33 Vendor SAFELITE AUTOGLASS Total: 79.33 Vendor: SAYLES, ANNE SAYLES, ANNE 100-41-3635 PARKS & REC REFUND 140199 09/06/2016 190.00 Vendor SAYLES, ANNE Total: 190.00 Vendor: SCHUMACKER, KAYLIN SCHUMACKER, KAYLIN 210-00-5110 SUMMER BAND FEES INV0002580 09/06/2016 420.00 Vendor SCHUMACKER, KAYLIN Total: 420.00 Vendor: SECTION 8 DOORS & HARDWARE INC SECTION 8 DOORS & 400-00-5375 MODIFY LOCKSETTO 5884 09/06/2016 275.00 Vendor SECTION 8 DOORS & HARDWARE INC Total: 275.00 Vendor: SEMROW JR, HARRY H SEMROW JR, HARRY H 100-03-5110 ADJ LAW JUDGE -JULY 2016 14068 09/06/2016 60.00 SEMROW JR, HARRY H 100-22-5110 ADJ LAW JUDGE -JULY 2016 14068 09/06/2016 540.00 Vendor SEMROW JR, HARRY H Total: 600.00 Vendor: SHATZ, RON SHATZ, RON 210-00-5110 SUMMER BAND FEES INV0002581 09/06/2016 350.00 Vendor SHATZ, RON Total: 350.00 Vendor: SHERWIN-WILLIAMS CO, THE SHERWIN-WILLIAMS CO, THE 100-45-6110 SUPPLIES 3491-0 09/06/2016 38.88 Vendor SHERWIN-WILLIAMS CO, THE Total: 38.88 Vendor: SMARZEWSKI, JOHN SMARZEWSKI, JOHN 210-00-5110 SUMMER BAND FEES INV0002582 09/06/2016 490.00 Vendor SMARZEWSKI, JOHN Total: 490.00 Vendor: STANS LPS MIDWEST STANS LPS MIDWEST 100-03-5110 CED COPY METER READ 321601 09/06/2016 195.85 STANS LPS MIDWEST 100-41-6210 REC CENTER COPY METER 321659 09/06/2016 349.64 Vendor STANS LPS MIDWEST Total: 545.49 Vendor: STARNES, ASHLEY STARNES, ASHLEY 100-41-3634 PARKS & REC REFUND 140415 09/06/2016 60.00 Vendor STARNES, ASHLEY Total: 60.00 Vendor: STUCKEY CONSTRUCTION STUCKEY CONSTRUCTION 400-00-8200 REC CENTER 13 09/06/2016 216,365.73 Vendor STUCKEY CONSTRUCTION Total: 216,365.73 8/31/2016 12:26:11 PM Expense Approval Register Vendor Name Account Number Vendor: TEAM REIL INC TEAM REIL INC 100-45-6110 Vendor: TEUBER,ZAK TEUBER, ZAK 100-41-3637 Vendor: THOMPSON ELEVATOR INSPECTION SERV INC THOMPSON ELEVATOR 100-01-5110 Vendor: TIPPS, GARY Description (Item) SUPPLIES PARKS &REC REFUND ELEVATOR INSPECTION Payable Number 20366 140221 Packet: APPKT00559 - 9/6/16 ap cks Post Date IAmount 09/06/2016 Vendor TEAM REIL INC Total 09/06/2016 Vendor TEUBER, ZAK Total: 16-2507 09/06/2016 Vendor THOMPSON ELEVATOR INSPECTION SERV INC Total: 207.00 207.00 50.00 50.00 150.00 150.00 TIPPS, GARY 210-00-5110 SUMMER BAND FEES INV0002583 09/06/2016 130.00 Vendor TIPPS, GARY Total: 130.00 Vendor: TIPPS, GREGORY P TIPPS, GREGORY P 210-00-5110 SUMMER BAND FEES INV0002584 09/06/2016 490.00 Vendor TIPPS, GREGORY P Total: 490.00 Vendor: TOALSON, WILLIAM TOALSON, WILLIAM 210-00-5110 SUMMER BAND FEES INV0002586 09/06/2016 70.00 Vendor TOALSON, WILLIAM Total: 70.00 Vendor: TONYAN, LUCY TONYAN, LUCY 100-46-5110 PARKS & REC PROGRAM 8/10/16 09/06/2016 3,019.50 Vendor TONYAN, LUCY Total: 3,019.50 Vendor: TRANE US INC TRANE US INC 100-01-5110 CONTRACTUAL SERVICES 37013552 09/06/2016 762.00 Vendor TRANS US INC Total: 762.00 Vendor: TREDROC TIRE/ANTIOCH 002 TREDROCTIRE/ANTIOCH 002 100-45-5370 VEHICLE REPAIRS 329672 09/06/2016 504.84 Vendor TREDROC TIRE/ANTIOCH 002 Total: 504.84 Vendor: TRIEFENBACH, GORDON W TRIEFENBACH, GORDON W 210 00-5110 Vendor: ULTRA STROBE COMMUNICATIONS INC ULTRA STROBE 100-22-5370 ULTRA STROBE 450-00-8400 Vendor: VALLEY VIEW ACRES VALLEY VIEW ACRES 100-47-5110 Vendor: WASTE MANAGEMENT OF WI -MN WASTE MANAGEMENTOF WI- 510-32-5580 Vendor: WOODSTOCK POWERSPORTS WOODSTOCKPOWERSPORTS 100-22-5370 Vendor: WOODWARD PRINTING SERVICES WOODWARD PRINTING 100-41-5330 Vendor: ZUKOWSKI ROGERS FLOOD & MCARDLE ZUKOWSKI ROGERS FLOOD & 100-01-5230 ZUKOWSKI ROGERS FLOOD & 100-01-5230 ZUKOWSKI ROGERS FLOOD & 740-00-5230 ZUKOWSKI ROGERS FLOOD & 740-00-5230 ZUKOWSKI ROGERS FLOOD & 740-00-5230 SUMMER BAND FEES INV0002585 09/06/2016 Vendor TRIEFENBACH, GORDON W Total: VEHICLE REPAIRS 071458 09/06/2016 INSTALLATION OF EQUIPMT 071460 09/06/2016 Vendor ULTRA STROBE COMMUNICATIONS INC Total: 420.00 420.00 169.95 1,591.45 1,761.40 PARKS &REC PROGRAM 16455 09/06/2016 200.00 Vendor VALLEY VIEW ACRES Total: 200.00 SLUDGE REMOVAL 0030627-2742-9 09/06/2016 9,828.23 Vendor WASTE MANAGEMENT OF WI -MN Total: 9,828.23 ATV BELTS 4507 09/06/2016 79.37 Vendor WOODSTOCK POWERSPORTS Total: 79.37 2016 FALL PROGRAM 41898 09/06/2016 2,795.00 Vendor WOODWARD PRINTING SERVICES Total: 2,795.00 CORPORATE 121223 09/06/2016 9,712.50 TRAFFIC 121224 09/06/2016 13,458.35 GRINDELAND-LEGAL 121225 09/06/2016 725.00 THREE QUEENS 121226 09/06/2016 362.50 UPROOTED 121227 09/06/2016 362.50 Vendor ZUKOWSKI ROGERS FLOOD & MCARDLE Total: 24,620.85 Grand Total: 1,401,437.57 8/31/2016 12:26:11 PM Expense Approval Register no Summary Fund Expense Amount 100-GENERAL FUND 830675.81 210 - BAND FUND 9,020.00 225-ALARM BOARD FUND 51527,00 270- MOTOR FUELTAX FUND 4,811.92 280 - DEVELOPER DONATION FUND 331.72 400 -RECREATION CENTER FUND 218,222.10 440- CAPITAL IMPROVEMENTS FUND 178,336.64 450- CAPITAL EQUIPMENT FUND 80,582,45 510- WATER/SEWER FUND 29,205.80 580- UTILITY IMPROVEMENTS FUND 743,195.32 620 - INFORMATION TECHNOLOGY FUND 41,407.56 740- RETAINED PERSONNEL ESCROW 71121,25 Grand Total: 1,401,437.57 Packet: APPKT00559 - 9/6/16 ap cks Vendor Name McHenry, IL Account Number Vendor: ADAMS ENTERPRISES INC, R A ADAMS ENTERPRISES INC, R A 100-33-5370 Vendor: ADAMS STEEL SERVICE INC ADAMS STEEL SERVICE INC 100-33-6110 Vendor: AMERICAN HEATING &COOLING AMERICAN HEATING & 100-33-5115 Vendor: ARBOR DAY FOUNDATION ARBOR DAY FOUNDATION 100-30-5410 Vendor: ARIES INDUSTRIES INC ARIES INDUSTRIES INC 510-35-6110 Vendor: BAKER &SON CO, PETER BAKER & SON CO, PETER 100-33-6110 BAKER & SON CO, PETER 100-33-6110 Vendor: BARBATO, EMIL BARBATO, EMIL 100-33-5370 Vendor: BUCKBROSINC BUCK BROS INC 100-33-5370 Vendor: CRESCENT ELECTRIC SUPPLY CO CRESCENT ELECTRIC SUPPLY CO 510-31-6110 CRESCENT ELECTRIC SUPPLY CO 510-32-5380 Vendor: CURRAN CONTRACTING COMPANY CURRAN CONTRACTING 100-33-6110 CURRAN CONTRACTING 100-33-6110 CURRAN CONTRACTING 510-35-6110 CURRAN CONTRACTING 100-33-6110 CURRAN CONTRACTING 100-33-6110 CURRAN CONTRACTING 100-33-6110 CURRAN CONTRACTING 100-33-6110 CURRAN CONTRACTING 100-33-6110 CURRAN CONTRACTING 100-33-6110 CURRAN CONTRACTING 100-33-6110 CURRAN CONTRACTING 100-33-6110 CURRAN CONTRACTING 100-33-6110 CURRAN CONTRACTING 100-33-6110 CURRAN CONTRACTING 100-33-6110 CURRAN CONTRACTING 100-33-6110 CURRAN CONTRACTING 100-33-6110 CURRAN CONTRACTING 100-33-6110 CURRAN CONTRACTING 510-35-6110 CURRAN CONTRACTING 100-33-6110 CURRAN CONTRACTING 100-33-6110 CURRAN CONTRACTING 100-33-6110 Description (Item) air valve PIPE BALLARDS 08031602 air conditioning Arbor Day Foundation Camera Cable Repair Expense Approval Register #2 LIST OF BILLS COUNCIL MEETING 9/6/16 Payable Number Post Date Amount 785366 334700 08031602 INV0002557 359743 surface N50. vendor ticket # 12295 surface 150 rec. vendor 12690 09/06/2016 Vendor ADAMS ENTERPRISES INC, R A Total: 09/06/2016 Vendor ADAMS STEEL SERVICE INC Total: 09/06/2016 Vendor AMERICAN HEATING & COOLING Total: 09/06/2016 Vendor ARBOR DAY FOUNDATION Total: 09/06/2016 Vendor ARIES INDUSTRIES INC Total: 09/06/2016 09/06/2016 Vendor BAKER & SON CO, PETER Total: gloves paint machine 226577 09/06/2016 Vendor BARBATO, EMIL Total: bearings 92003 09/06/2016 Vendor BUCK BROS INC Total: Outside light for WTP #2 S502350992.001 09/06/2016 Fuses 5502372366.001 09/06/2016 Vendor CRESCENT ELECTRIC SUPPLY CO Total: N50 surface modified. vendor 11140 N50 surface modified. 11174 Asphalt 11174A N50 surface -modified. vendor 11186 N50 surface -modified. vendor 11186A N50 surface -modified. vendor 11205 N50 surface -modified. vendor 11205A N50 surface -modified. vendor 11211 N50 surface -modified. vendor 11211A N50 surface -modified. vendor 11230 N50 surface -modified. vendor 11230A N50 surface -modified. vendor 11230C N50 surface -modified. vendor 11275 H MA surface N50 11285 N50 surface -modified. 11293 N50 surface -modified. 11293A N50 surface -modified. vendor 11309 Asphalt 11309A N50 surface -modified. vendor 11323 modified surface - rec 30%. 11323A N50 binder -modified. vendor 11334 09/06/2016 09/06/2016 09/06/2016 09/06/2016 09/06/2016 09/06/2016 09/06/2016 09/06/2016 09/06/2016 09/06/2016 09/06/2016 09/06/2016 09/06/2016 09/06/2016 09/06/2016 09/06/2016 09/0i/2016 09/0i/2016 09/0i/2016 09/0i/2016 09/06/2016 918.00 15.00 15.00 508.18 508.18 96.48 96.96 193.44 164.50 164.50 26.96 26.96 175.29 152.82 328.11 98.80 77.48 229.32 310.96 290.16 156.52 90.48 315.12 382.20 420.68 313.56 365.56 89.96 53.76 56.16 365.56 164.84 114.92 418.60 272.48 360.45 8/24/2016 1:26:05 PM Expense Approval Register Vendor Name Account Number Description (Item) Packet: APPKT00560 - 9-6-16 RECT INVOICE Payable Number Post Date Amount CURRAN CONTRACTING 100-33-6110 N50 binder -modified. vendor 11334A 09/06/2016 CURRAN CONTRACTING 100-33-6110 N50 surface -modified. 11349 09/06/2016 CURRAN CONTRACTING 100-33-6110 N50 surface -modified. vendor 11349A 09/06/2016 CURRAN CONTRACTING 100-33-6110 DUMP ASPHALT #10372 11349B 09/06/2016 CURRAN CONTRACTING 100-33-6110 N50 surface -modified. vendor 11349C 09/06/2016 Vendor CURRAN CONTRACTING COMPANY Total: Vendor: EJ EQUIPMENT E1 EQUIPMENT 100-33-5370 scraper broom 441 002669 09/06/2016 Vendor EJ EQUIPMENT Total: Vendor: EJ USA INC EJ USA INC 510-35-6110 Fire Hydrants 110160061979 09/06/2016 EJ USA INC 100-33-6110 6" Tall Frame with 24" Grate 110160062034 09/06/2016 Vendor EJ USA INC Total: Vendor: FISCHER BROS FRESH FISCHER BROS FRESH 100-33-6110 pulv. topsoil. vendor ticket # 2364 09/06/2016 FISCHER BROS FRESH 100-33-6110 pulv. topsoil. vendor ticket # 2364A 09/06/2016 FISCHER BROS FRESH 100-33-6110 pulv. topsoil. vendor ticket # 2364B 09/07/2016 FISCHER BROS FRESH 100-33-6110 READY MIX #098703 6966 09/06/2016 FISCHER BROS FRESH 100-33-6110 READY MIX #098722 6978 09/06/2016 FISCHER BROS FRESH 100-33-6110 READY MIX #098821 7025 09/06/2016 Vendor FISCHER BROS FRESH Total: Vendor: FOXCROFT MEADOWS INC FOXCROFT MEADOWS INC 100-33-6110 straw matt,staples,seed. 50941 09/06/2016 Vendor FOXCROFT MEADOWS INC Total: Vendor: FRY, ROBERTJ FRY, ROBERTJ 510-31-5370 decals 2016327 09/06/2016 Vendor FRY, ROBERT 1 Total: Vendor: GALLS LLC GALLS LLC 100-22-4510 UNIFORM ITEMS 005860638 09/06/2016 Vendor GALLS LLC Total: Vendor: GESKE AND SONS INC GESKE AND SONS INC 100-33-6110 HMA binder N50. vendor 36523 08/18/2016 GESKE AND SONS INC 100-33-6110 HMA binder N50. vendor 36523A 09/06/2016 Vendor GESKE AND SONS INC Total: Vendor: GRAINGER GRAINGER 510-32-6110 Large Snap Ring Pliers 91824312997 09/06/2016 Vendor GRAINGER Total: Vendor: GREENLINE ENVIRONMENTAL SOLUTIONS GREENLINE ENVIRONMENTAL 100-33-5370 parts 441 808 09/06/2016 GREENLINE ENVIRONMENTAL 100-33-5370 parts 441 809 09/06/2016 Vendor GREENLINE ENVIRONMENTAL SOLUTIONS Total: Vendor: HAWKINS INC HAWKINS INC 510-31-6110 CL2T's for Tubing 3932912RI 09/06/2016 HAWKINS INC 510-31-6110 Water Treatment Chemicals - . 3939283RI 09/06/2016 Vendor HAWKINS INC Total: Vendor: HBK WATER METER SERVICE INC HBK WATER METER SERVICE 510-31-5110 Large Water Meter Testing 16-612 09/06/2016 HBK WATER METER SERVICE 510-31-6110 4" Spacers -compound meter 16-632 09/06/2016 Vendor HBK WATER METER SERVICE INC Total: Vendor: HD SUPPLY WATERWORKS HD SUPPLY WATERWORKS 510-35-6110 Brass, B-Box's & fittings F862495 09/06/2016 Vendor HD SUPPLY WATERWORKS Total: Vendor: HEARTLAND SERVICES INC HEARTLAND SERVICES INC 100-22-5370 ARBITRATOR 360 INV146542 09/06/2016 Vendor HEARTLAND SERVICES INC Total: 238.50 415.48 481.52 30.00 429.52 6,542.59 3,350.00 406.33 3,756.33 380.00 380.00 380.00 1,092.00 822.00 1,089.88 4,143.88 646.00 52.00 52.00 33.34 33.34 386.17 388.08 774.25 330.95 330.95 1,286.95 1,516.86 2,803.81 68.00 3,723.40 3,791.40 2,175.50 303.56 2,479.06 2,222.00 2,222.00 46.74 46.74 8/24/2016 1:26:05 PM Expense Approval Register Vendor Name Account Number Vendor: HYDRA -STOP INC HYDRA -STOP INC 510-35-6110 Vendor: HYDRAULIC SERVICES AND REPAIRS INC HYDRAULIC SERVICES AND 510-32-5380 Packet: APPKT00560 - 9-6-16 RE Ci INVOICE Description (Item) Payable Number Post Date Amount Insta-valve 29240 09/06/2016 Vendor HYDRA -STOP INC Total: Screen Hydraulic Ram rebuild 311659 09/06/2016 Vendor HYDRAULIC SERVICES AND REPAIRS INC Total: Vendor: INTERSTATE BATTERY SYSTEMS OF FOX RIVER VALLEY INTERSTATE BATTERY SYSTEMS 510-32-6110 Replacement UPS batteries 1903701023304 09/06/2016 Vendor INTERSTATE BATTERY SYSTEMS OF FOX RIVER VALLEY Total: Vendor: INTERSTATE BILLING SERVICE INC INTERSTATE BILLING SERVICE 100-33-5370 fan belt 3003313309 09/06/2016 INTERSTATE BILLING SERVICE 510-32-5370 cam sensor 3003443985 09/06/2016 INTERSTATE BILLING SERVICE 100-33-5370 exhaust parts 3003500120 09/06/2016 Vendor INTERSTATE BILLING SERVICE INC Total: Vendor: J G UNIFORMS INC J G UNIFORMS INC 100-22-6110 Promotional items 5052 09/06/2016 J G UNIFORMS INC 100-22-6210 Nameplate 5053 09/06/2016 J G UNIFORMS INC 100-22-4510 Uniform items 42995 09/06/2016 J G UNIFORMS INC 100-22-4510 Uniform Items 4459 09/06/2016 J G UNIFORMS INC 100-22-4510 Uniform items 4496 09/06/2016 J G UNIFORMS INC 100-22-6110 INITIAL ISSUE UNIFORM 4790 09/06/2016 J G UNIFORMS INC 100-22-6110 INITIAL ISSUE UNIFORMS 4791 09/06/2016 J G UNIFORMS INC 100-22-6110 INITIAL ISSUE UNIFORMS 4792 09/06/2016 J G UNIFORMS INC 100-22-6110 INITIAL ISSUE UNIFORM 5474 09/06/2016 Vendor G UNIFORMS INC Total: Vendor: KIMBALL MIDWEST KIMBALLMIDWEST 100-33-5370 stock 5041869 09/06/2016 KIMBALL MIDWEST 510-32-5370 stock 5053186 09/06/2016 KIMBALL MIDWEST 510-31-5370 stock 5069455 09/06/2016 KIMBALL MIDWEST 510-31-5370 stock 5084692 09/06/2016 Vendor KIMBALL MIDWESTTotal: Vendor: LAFARGE NORTH AMERICA LAFARGE NORTH AMERICA 510-35-6110 CA6 commercial 101706244 706220882 09/06/2016 LAFARGE NORTH AMERICA 510-35-6110 CA6 commercial 101706256 706220882A 09/06/2016 LAFARGE NORTH AMERICA 510-35-6110 CA6 commercial 101706258 706220882E 09/06/2016 LAFARGE NORTH AMERICA 510-35-6110 wash stone 101706222 706220882C 09/06/2016 LAFARGE NORTH AMERICA 510-35-6110 101706234 706220882D 09/06/2016 LAFARGE NORTH AMERICA 510-35-6110 wash stone 101709930 706278187 09/06/2016 LAFARGE NORTH AMERICA 510-35-6110 CA 6 commercial 101710222 706278188 09/06/2016 LAFARGE NORTH AMERICA 100-33-6110 CM-11 wash stone. vendor 706286390 09/06/2016 LAFARGE NORTH AMERICA 510-35-6110 CA6 commercial 101710664 706286390A 09/05/2016 LAFARGE NORTH AMERICA 510-35-6110 CA6 commercial 101710720 706286390E 09/06/2016 LAFARGE NORTH AMERICA 510-35-6110 FM2 sand 101710620 706286390C 09/06/2016 LAFARGE NORTH AMERICA 510-35-6110 wash stone 101711782 706314374 09/06/2016 LAFARGE NORTH AMERICA 510-35-6110 FM-2 sand 101711804 706314374a 09/06/2016 LAFARGE NORTH AMERICA 510-35-6110 FM-2 sand 101711817 706314374b 09/06/2016 LAFARGE NORTH AMERICA 510-35-6110 wash stone 101712933 706326972 09/06/2016 LAFARGE NORTH AMERICA 510-35-6110 fm2 sand 101713462 706338961 09/06/2016 LAFARGE NORTH AMERICA 510-35-6250 fm2 sand 101713488 706338961A 09/06/2016 LAFARGE NORTH AMERICA 100-33-6110 CM-11 wash stone. vendor 706338961E 09/06/2016 Vendor LAFARGE NORTH AMERICA Total: Vendor: LEACH ENTERPRISES INC LEACH ENTERPRISES INC 100-33-5370 exhaust404 895661 09/06/2016 LEACH ENTERPRISES INC 510-32-5370 wheel nuts 895375 09/06/2016 Vendor LEACH ENTERPRISES INC Total: Vendor: MCCANN INDUSTRIES INC MCCANN INDUSTRIES INC 510-35-6110 Clevis & hook 03196285 09/06/2016 MCCANN INDUSTRIES INC 100-33-6110 20" SAW BLADE FOR 11041365 09/06/2016 3,002.00 3,002.00 275.05 275.05 112.90 112.90 348.69 245.30 159.00 752.99 57.55 7.50 143.04 210.84 457.95 738.28 635.53 1,820.27 153.45 4,224.41 285.77 194.83 335.78 284.00 1,100.38 87.67 88.44 90.20 100.04 60.70 83.43 78.10 102.47 88,00 78.87 65.30 79.38 79.10 73.60 102.33 71.40 69.00 101.66 1,499.69 31.44 108.00 139.44 15.60 663.80 8/24/2016 1:26:05 PM Expense Approval Register Packet: APPKT00560 - 9-646 RECT INVOICE Vendor Name Account Number Description (Item) Payable Number Post Date Amount MCCANN INDUSTRIES INC 100-33-6110 saw blade 11041405 MCCANN INDUSTRIES INC 100-33-5370 fiber exp joints 11036151-1 11041406 MCCANN INDUSTRIES INC 510-35-5370 Light Assembly/bulb 11041439 MCCANN INDUSTRIES INC 100-33-6110 POLY TRAY WHEELBARROW 11041504 MCCANN INDUSTRIES INC 100-33-5370 teeth 11041578 MCCANN INDUSTRIES INC 100-33-6110 EXPANSION JOINT, CONCRETE 11041623 Vendor: MCHENRY ANALYTICAL WATER LABORATORY INC MCHENRY ANALYTICAL WATER 510-31-5110 MCHENRY ANALYTICAL WATER 510-32-6110 MCHENRY ANALYTICAL WATER 510-31-5110 MCHENRY ANALYTICAL WATER 510-32-6110 MCHENRY ANALYTICAL WATER 510-32-6110 MCHENRY ANALYTICAL WATER 510-32-6110 MCHENRY ANALYTICAL WATER 510-32-6110 Vendor: MCHENRY SPECIALTIES MCHENRY SPECIALTIES 100-30-6210 Vendor: MEADE INC MEADE INC 100-33-6110 MEADE INC 100-33-6110 Vendor: METROPOLITAN INDUSTRIES METROPOLITAN INDUSTRIES 510-32-5375 METROPOLITAN INDUSTRIES 510-32-5375 Vendor: MID AMERICAN WATER OF WAUCONDA INC MID AMERICAN WATER OF 100-33-6110 MID AMERICAN WATER OF 100-33-6110 Vendor: MIDWEST METER INC MIDWEST METER INC 510-31-6110 Vendor: MOTOROLA SOLUTIONS - STARCOM21 NETWORK MOTOROLA SOLUTIONS - 100-22-5320 Vendor: NETWORKFLEET INC NETWORKFLEET INC 100-33-6110 Vendor: NORTH SHORE SANITARY DISTRICT NORTH SHORE SANITARY 510-32-6110 Vendor: NORTHWESTTRUCKS INC NORTHWESTTRUCKS INC 510-35-5370 Vendor: OTTER SALES 8c SERVICE INC OTTER SALES &SERVICE INC 100-33-5370 Vendor: PETROLIANCE LLC PETROLIANCE LLC PETROLIANCE LLC PETROLIANCE LLC PETROLIANCE LLC PETROLIANCE LLC 09/06/2016 09/06/2016 09/06/2016 09/06/2016 09/06/2016 09/06/2016 Vendor MCCANN INDUSTRIES INC Total: 85.00 79.00 110.02 190.00 792.00 263.28 2,198.70 Routine Monthly Samples, Boil 1603738 09/06/2016 430.00 SW WTP/CW WTP-Total 591179 09/06/2016 120.00 Fluoride Samples -Repeat- 591257 09/06/2016 30.00 Total Nitrogen Test-SWWTP 591292 09/06/2016 60.00 Effluent metals samples 591455 09/06/2016 315.00 Total nitrogen sample 591520 09/06/2016 60.00 Effluent metals samples 591521 09/06/2016 385.00 Vendor MCHENRY ANALYTICAL WATER LABORATORY INC Total: 1,400.00 name plates 2016-605 2016-605 09/06/2016 60.00 Vendor MCHENRY SPECIALTIES Total: 60.00 TL locate CL Rd/Lilian 674118 674118 09/06/2016 147.93 TL repair CL Rd/Royal Dr 674174 09/06/2016 357.92 Vendor MEADE INC Total: 505.85 Alternating Relay 0000313170 09/06/2016 216.50 Transducers 0000313175 09/06/2016 11356.50 Vendor METROPOLITAN INDUSTRIES Total: 1,573.00 1011culvert 177162W 09/06/2016 608.60 8"culvert pipe,couplers. 177699W 09/06/2016 717.00 Vendor MID AMERICAN WATER OF WAUCONDA INCTotal: 1,325.60 M-25 Meter Bases -Quote 0080235-IN 09/06/2016 4,724.99 Vendor MIDWEST METER INCTotal: 4,724.99 STARCOM 245256302016 09/06/2016 2,218.00 Vendor MOTOROLA SOLUTIONS - STARCOM21 NETWORK Total: 2,218.00 gpsfortrucks OSV000000450443 09/06/2016 82.85 Vendor NETWORKFLEET INC Total: 82.85 Wastewater testing MISC00000105322 09/06/2016 600.00 Vendor NORTH SHORE SANITARY DISTRICT Total: 600.00 switch 019405748 09/06/2016 106.51 Vendor NORTHWEST TRUCKSlNCTotal: 106.51 mower parts P164132 09/06/2016 443.25 Vendor OTTER SALES &SERVICE INC Total: 443.25 510-35-6250 fuel 9808213 9808213 09/06/2016 281.56 510-31-6250 fuel 9808241 9808241 09/06/2016 266.53 510 31-6250 fue19808242 9808242 09/06/2016 116.05 100-33-6250 medallion plus 9815717 9815717 09/06/2016 31358.32 100-33-6250 fuel9818097 9818097 09/06/2016 530.49 8/24/2016 1:26:05 PM Expense Approval Register Vendor Name Account Number PETROLIANCE LLC 100-22-6250 Vendor: PETTIBONE & CO, P F PETTIBONE & CO, P F 100-22-6210 PETTIBONE & CO, P F 100-22-4510 PETTIBONE & CO, P F 100-22-4510 PETTIBONE & CO, P F 100-22-4510 PETTIBONE & CO, P F 100-22-6110 PETTIBONE & CO, P F 100-22-6210 Vendor: QLIALITYTIRE SERVICE QUALITY TIRE SERVICE 100-33-5370 Vendor: RADICOM INC RADICOM INC 510-31-5110 Vendor: REBARS &STEEL COMPANY REBARS & STEEL COMPANY 100-33-6110 Vendor: RUTLEDGE FENCE CO INC RUTLEDGE FENCE CO INC 510-32-6110 Vendor: SHERWIN-WILLIAMS CO, THE SHERWIN-WILLIAMS CO, THE 510-35-6110 SHERWIN-WILLIAMS CO, THE 510-35-6110 Vendor: SINCERE LANDCAPING INC SINCERE LANDCAPING INC 100-30-5110 Vendor: SOUTHWESTERN ILLINOIS COLLEGE SOUTHWESTERN ILLINOIS 100-22-5430 Vendor: STATE TREASURER STATE TREASURER 100-33-5110 Vendor: THELEN MATERIALS LLC THELEN MATERIALS LLC 100-33-6110 Vendor: TONY'S FAMILY TAILOR SHOP TONY'SFAMILYTAILORSHOP 100-22-4510 Vendor: TOPS IN DOG TRAINING CORP TOPS IN DOG TRAINING CORP 100-22-6310 Vendor: TRAFFIC CONTROL &PROTECTION INC TRAFFIC CONTROL & 100-33-6110 TRAFFIC CONTROL & 100-33-6110 TRAFFIC CONTROL & 100-33-6110 TRAFFIC CONTROL & 100-33-6110 TRAFFIC CONTROL & 100-33-6110 TRAFFIC CONTROL & 100-33-6110 Vendor: ULTRA STROBE COMMUNICATIONS INC ULTRA STROBE 100-22-5370 Description (Item) Squad Car Fuel Non -traffic & NTA Tickets UNIFORM ITEMS UNIFORM ITEMS UNIFORM ITEMS Promotion badges WARNING NOTICES tires 902 WTP#3 Antenna Work - REBARS Fence materials Paint Gun Cleaner Hydrant paint Payable Number 70468 170526 170527 170528 70496 70542 41795 102478 70578 379364 Packet: APPKT00560 - 9-6-16 RECT INVOICE Post Date Amount 09/06/2016 Vendor PETROLIANCE LLC Total: 09/06/2016 09/06/2016 09/06/2016 09/06/2016 09/06/2016 09/06/2016 Vendor PETTIBONE & CO, P F Total: 09/06/2016 Vendor QUALITY TIRE SERVICE Total: 09/06/2016 Vendor RADICOM INC Total: 09/06/2016 Vendor REBARS & STEEL COMPANY Total: 09/06/2016 Vendor RUTLEDGE FENCE CO INC Total: 3276-5 09/06/2016 4278-0 09/06/2016 Vendor SHERWIN-WILLIAMS CO, THE Total: Riverside Dr. Landscape Project 2124 09/06/2016 Vendor SINCERE LANDCAPING INC Total: Tuition - Police Academy 26095106-072816 09/06/2016 Vendor SOUTHWESTERN ILLINOIS COLLEGE Total: Traffic light maintenance 50545 50545 09/06/2016 Vendor STATE TREASURER Total: 965.52 5,518.47 999.15 60.00 84.90 184.95 534.00 633.70 2,496.70 437.12 437.12 182.15 16.80 1,450.00 1,450.00 32.00 254.00 286.00 91751,00 9,751.00 1,190.00 1,190.00 6,142.50 6,142.50 grade # 9. vendor ticket # 337576 09/06/2016 122.18 Vendor THELEN MATERIALS LLC Total: 122.18 Uniform 357869 09/06/2016 76.50 Vendor TONY'S FAMILY TAILOR SHOP Total: 76.50 K-9 Maintenance 18309 09/06/2016 300.49 VendorTOPS IN DOG TRAINING CORPTotal: 300.49 road work signs 87191 09/06/2016 315.60 honorary street sign Maness 87231 09/06/2016 322.50 street signs 87276 09/06/2016 280.30 street signs 87277 09/06/2016 98.75 flags for honorary sign 87278 09/06/2016 111.20 25 barricades 87305 09/06/2016 11231,25 Vendor TRAFFIC CONTROL & PROTECTION INC Total$ 20359.60 Replace car mic 071473 09/06/2016 75.00 8/24/2016 1:26:05 PM Expense Approval Register Packet: APPKT00560 - 9-646 RECT INVOICE Vendor Name Account Number Description (Item) Payable Number Post Date Amount ULTRA STROBE 100-22-5370 Remove light bar 071474 09/06/2016 75.00 Vendor ULTRA STROBE COMMUNICATIONS INC Total: 150.00 Vendor: USA BLUEBOOK USA BLUEBOOK 510-31-6110 2" Air Release WTP #4 - 000712 09/06/2016 640,15 USA BLUEBOOK 510-32-6110 Odor Neutralizer 025656 09/06/2016 495,46 USA BLUEBOOK 510-32-5380 Floats and Transducers 025814 09/06/2016 2/262416 USA BLUEBOOK 510-31-6110 Iron Barts Test Kits 989958 09/06/2016 128400 USA BLUEBOOK 510-35-6110 Gloves & safety vest 990045 09/06/2016 141629 USA BLUEBOOK 510-35-6110 Gloves & safety vest 999354 09/06/2016 15A0 Vendor USA BLUEBOOK Total: %68146 Grand Total: 91J26.16 8/24/2016 1:26:05 PM Expense Approval Register Packet: APPKT00560 - 9-646 RECT INVOICE no 100- GENERAL FUND 510- WATER/SEWER FUND Fund Summary Grand Total: Expense Amount 57,071,93 34,054.23 91,126916 Vendor Name McHenry, IL Account Number Vendor: ADAMS STEEL SERVICE INC ADAMS STEEL SERVICE INC 510-32-5375 ADAMS STEEL SERVICE INC 100-33-5370 Vendor: AUTO TECH CENTERS INC AUTO TECH CENTERS INC 100-22-5370 Vendor: BAKER & SON CO, PETER BAKER & SON CO, PETER 100-33-6110 Vendor: BUSS FORD SALES BUSS FORD SALES 100-33-5370 Vendor: CABAY & COMPANY INC CABAY & COMPANY INC 510-31-6110 Vendor: CONSERV FS CONSERV FS 100-30-6950 Vendor: CRESCENT ELECTRIC SUPPLY CO CRESCENT ELECTRIC SUPPLY CO 100-33-6110 Vendor: CURRAN CONTRACTING COMPANY CURRAN CONTRACTING 100-33-6110 CURRAN CONTRACTING 100-33-6110 CURRAN CONTRACTING 100-33-6110 CURRAN CONTRACTING 100-33-6110 Vendor: ED'S RENTAL & SALES INC ED'S RENTAL&SALES INC 100-33-6110 Vendor: EJ USA INC EJ USA INC 510-35-6110 Vendor:FASTENAL FASTENAL 510-32-6110 Vendor: FRY, ROBERT J FRY, _ROBERT J 100-30-6950 Vendor: GEMSEAL/SURFACE COATINGS GEMSEAL/SURFACE COATINGS 100-33-6110 Vendor: IWPIPE TECHNOLOGY COMPANY INC IN -PIPE TECHNOLOGY 510-32-5110 Vendor: LAFARGE NORTH AMERICA LAFARGE NORTH AMERICA 510-35-6110 LAFARGE NORTH AMERICA 510-35-6110 Description (Item) Stainless steel pipe -digester steel tires binder N70 REC. vendor cable Work Towels White Marking Paint photo control,relay. vendor Expense Approval Register #3 LIST OF BILLS COUNCIL MEETING 9/6/16 Payable Number Post Date Amount 335001 09/06/2016 335131 09/06/2016 Vendor ADAMS STEEL SERVICE INC Total: 272986 09/06/2016 Vendor AUTO TECH CENTERS INC Total: 12810 09/06/2016 Vendor BAKER & SON CO, PETER Total: 50227971 09/06/2016 Vendor BUSS FORD SALES Total: 55973 09/06/2016 Vendor CABAY & COMPANY INC Total: 65018790 09/06/2016 Vendor CONSERV FS Total: S5024856760001 09/06/2016 Vendor CRESCENT ELECTRIC SUPPLY CO Total: N50 binder -modified. vendor 11365 N50 surface -modified. 11365A HMA surface N50. vendor 11380 N50 binder -modified. vendor 11392 trencher rental. vendor 177477-1 09/06/2016 09/06/2016 09/06/2016 09/06/2016 Vendor CURRAN CONTRACTING COMPANY Total: Frames & Covers road program 110160037564 Threaded Rod Tree City Signs ILMCH19378 2016329 09/06/2016 Vendor ED'S RENTAL & SALES INC Total: 09/06/2016 Vendor E1 USA INC Total 09/06/2016 Vendor FASTENALTotal: 09/06/2016 Vendor FRY, ROBERT J Total: SS1tackcoat-5gal. vendor INV1006134 09/06/2016 Vendor GEMSEAL/SURFACE COATINGS Total: In -Pipe monthly service fee 16329 09/06/2016 Vendor IN -PIPE TECHNOLOGY COMPANY INC Total: FM -sand 101714583 706347258 09/06/2016 Wash stone 101714553 706347258a 09/06/2016 91.80 622.08 713.88 1,021.52 1,021.52 215.86 215.86 77.60 77.60 127.00 127.00 35.50 35.50 129.52 129.52 360.00 433.68 179.76 442.35 1,415.79 75.00 75.00 3,972.65 3,972.65 31.77 31.77 26.00 26.00 1,297.50 1,297.50 8,000.00 80000000 80.60 93.69 8/31/2016 12:42:30 PM Expense Approval Register Vendor Name Account Number LAFARGE NORTH AMERICA 510-35-6110 Vendor: TANG AUTO GROUP, GARY LANG AUTO GROUP, GARY 100-33-5370 Vendor: MCCANN INDUSTRIES INC MCCANN INDUSTRIES INC 100-33-5370 MCCANN INDUSTRIES INC 100-33-5370 MCCANN INDUSTRIES INC 100-33-5370 Vendor: MCHENRY ANALYTICAL WATER LABORATORY INC Description (Item) FM-2 sand arm 428 tubes switch gaskets Payable Number 706347258b 50051221 Packet: APPKT00569 - 9-6-16 #2 RE CT INV Post Date Amount 09/06/2016 Vendor LAFARGE NORTH AMERICA Total: 09/06/2016 Vendor LANG AUTO GROUP, GARY Total: 11041579 09/06/2016 11041635 09/06/2016 11041647 09/06/2016 Vendor MCCANN INDUSTRIES INC Total: MCHENRY ANALYTICAL WATER 510-32-6110 Total Nitrogen Test-SWWTP 591454 09/06/2016 MCHENRY ANALYTICAL WATER 510-32-6110 CWWTP&SWWTP Total 591519 09/06/2016 MCHENRY ANALYTICAL WATER 510-31-5110 August Fluoride Samples 591586 09/06/2016 Vendor MCHENRY ANALYTICAL WATER LABORATORY INC Total: Vendor: MCMASTER-CARR SUPPLY CO MCMASTER-CARR SUPPLY CO 510-32-6110 Replacement Flusher for Urinal 74397249 09/06/2016 Vendor MCMASTER-CARR SUPPLY CO Total: Vendor: METROPOLITAN INDUSTRIES METROPOLITAN INDUSTRIES 510-32-5380 Vendor: MID AMERICAN WATER OF WAUCONDA INC MID AMERICAN WATER OF 510-35-6110 MID AMERICAN WATER OF 510-35-6110 Vendor: MIDWEST FUEL INJECTION MIDWEST FUELINJECTION 100-33-5370 Vendor: MIDWEST HOSE AND FITTINGS INC MIDWEST HOSEAND FITTINGS 510-32-6110 Vendor: MIDWEST WATER GROUP INC MIDWEST WATER GROUP INC 510-31-6110 Vendor: NORTHERN TOOL &EQUIPMENT NORTHERN TOOL & 510-32-5380 Vendor: PETROLIANCE LLC PETROLIANCE LLC 100-22-5370 PETROLIANCE LLC 510-32-6250 PETROLIANCE LLC 510-31-6250 PETROLIANCE LLC 100-33-6250 PETROLANCE LLC 510-35-6250 PETROLIANCE LLC 100-33-5370 Vendor: POMPS TIRE SERVICE INC POMPSTIRESERVICEINC 100-33-5370 Vendor: QUALITY TIRE SERVICE QUALITY TIRE SERVICE 510-32-5370 Vendor: RUS5O POWER EQUIPMENT RUSSO POWER EQUIPMENT 100-33-5370 70.80 245.09 54.80 54.80 217.35 1,398.90 42.25 1,658.50 60.00 120.00 60.00 240.00 154.55 154.55 Impellers and wear rings 0000313628 09/06/2016 2,982.50 Vendor METROPOLITAN INDUSTRIES Total: 2,982.50 6" Hydrant locking 90 deg. 178136W/178158w 09/06/2016 375.00 30' (3/4") Threaded Rod 178136W/178158w 09/06/2016 105.00 Vendor MID AMERICAN WATER OF WAUCONDA INC Total: 480.00 fuel pump S437172 09/06/2016 11004,10 Vendor MIDWEST FUEL INJECTION Total: 11004.10 1" garden hose fittings M17692 09/06/2016 23.97 Vendor MIDWEST HOSE AND FITTINGS INC Total: 23.97 Swan - CI Analyzer Reangents- 8605 09/06/2016 1,105.55 Vendor MIDWEST WATER GROUP INC Total: 11105.55 Breaker Bars 35863615 09/06/2016 56.21 Vendor NORTHERN TOOL & EQUIPMENTTotal: 56.21 oil 9838346 09/06/2016 1,577.42 Fue19841219 9841219 09/06/2016 882.28 Fuel 9841220 9841220 09/06/2016 358.60 Fuel9841222 9841222 09/06/2016 21257.39 Fuel 9841184 9841184 09/06/2016 902.22 mobil fluid 424 9842626 09/06/2016 598.94 Vendor PETROLIANCE LLC Total: 6,576.85 tires 640044249 09/06/2016 555.00 Vendor POMPS TIRE SERVICE INC Total: 555.00 tire labor 41933 09/06/2016 30.00 Vendor QUALITYTIRE SERVICE Total: 30.00 concrete saw parts 3403536 09/06/2016 8.73 Vendor RUSSO POWER EQUIPMENT Total: 8.73 8J31/2016 12:42:30 PM Expense Approval Register Vendor Name Account Number Vendor: THELEN MATERIALS LLC THELEN MATERIALS LLC 100-33-6110 THELEN MATERIALS LLC 510-32-6110 THELEN MATERIALS LLC 510-32-6110 Vendor: TRAFFIC CONTROL &PROTECTION INC TRAFFIC CONTROL & 100-33-6110 Vendor: TREDROC TIRE/ANTIOCH 002 TREDROCTIRE/ANTIOCH 002 510-32-5370 Vendor: ULTRA STROBE COMMUNICATIONS INC ULTRA STROBE 100-22-5370 Vendor: USA BLUEBOOK USA BLUEBOOK 510-32-6110 USA BLUEBOOK 100-33-6110 USA BLUEBOOK 510-31-6110 Description (Item) Payable Number Packet: APPKT00569 - 9-6-16 #2 RECT INV Post Date Amount grade # 9. vendor ticket # 338203 09/06/2016 gravel for CWWTP 338763 09/06/2016 Gravel-CWWTP 338763a 09/06/2016 street sign Lee St tire 634 circuit board Vendor THELEN MATERIALS LLC Total: 874998 09/06/2016 Vendor TRAFFIC CONTROL & PROTECTION INC Total: 109.35 182.93 110.03 402.31 45.75 45.75 329767 09/06/2016 321.32 Vendor TREDROC TIRE/ANTIOCH 002 Total: 321.32 071497 09/06/2016 153.20 Vendor ULTRA STROBE COMMUNICATIONS INC Total: 153.20 Hip boots and 100 ft garden 040501 09/06/2016 370.45 locate paint 040541 09/06/2016 377.65 Marking Paint and Flags - Inv# 040S46 09/06/2016 453.75 Vendor USA BLUEBOOK Total: 1,201.85 Grand Total: 34,439.87 8/31/2016 12:42:30 PM Expense Approval Register Packet: APPKT00569 - 9-646 #2 RECT INV no 100-GENERAL FUND 510- WATER/SEWER FUND Grand Total: Expense Amount 13,317.20 21J22.67 34 439.87 Department of Community & Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.ci.mchenry.il.us AGENDA SUPPLEMENT TO: Mayor and City Council FROM: Douglas Martin, Director of Economic Development FOR: September 6, 2016 RE: Resolution objecting to a zoning reclassification from Al Agriculture and A1C Agriculture with a Conditional Use Permit to 111-3 Multi -Family Residential and a Variation to allow a minimum lot frontage of 159.91 feet (175 feet required) within the R-3 Multifamily District as well as removal of the existing Conditional Use Permit for a property located approximately 1,150 feet east of Flanders Road and Ringwood Road on the south side of Flanders Road of a property located approximately 1,150 feet east of the intersection of Ringwood and Flanders Road ATT: 1. Location Maps 2. Photographs of Site and Surrounding Area 3. McHenry County 2030 Future Land Use Map 4 City of McHenry Future Land Use Map 5. City of McHenry Zoning Map 6. Resolution objecting to a zoning reclassification from Al Agriculture and A1C Agriculture with a Conditional Use Permit to R-3 Multi -Family Residential and a Variation to allow a minimum lot frontage of 159.91 feet (175 feet required) within the R-3 Multifamily District as well as removal of the existing Conditional Use Permit for a property located approximately 1,150 feet east of Flanders Road and Ringwood Road on the south side of Flanders Road 7. Public Hearing Notice #2016-029 8. City Council Meeting Minutes dated July 6, 2015 1 Department of Community & Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.ci.mchenry.il.us AGENDA ITEM SUMMARY: Council is being asked to consider a Resolution objecting to a zoning reclassification for an approximately three -acre property located 1,150 feet of the intersection A Ringwood and Flanders Road on the south side of Flanders Road and located in unincorporated McHenry County. BACKGROUND: Staff received a public hearing notice (attached) requesting a zoning a map amendment and variance for a three -acre parcel, approximately 1,150 feet east of Ringwood Road, south of Flanders Road (see attached location maps and photographs of surrounding area). The request is to rezone the three -acre property from Al Agriculture and A1C Agriculture with a Conditional Use Permit to 11-3 Multi -Family Residential. The three -acre parcel is part of a larger twenty -two -acre parcel. Additionally, the petitioner is seeking a lot frontage variance, from 175 feet to 159.91 feet and a request to remove the existing Conditional Use Permit on the subject property. The hearing is September 8, 2016 at 1:30 p.m. at 2200 N Seminary Avenue in Woodstock. Staff has drafted a resolution to be presented to the McHenry County Board. The McHenry County Unified Development Ordinance Section 4.5.C. Written Protest allows objectors the right to file a written protest to the County Board following the McHenry County Zoning Board of Appeals Hearing. In accordance with Section 5.1.D.2.b.iii of the McHenry County Unified Development Ordinance: "A favorable vote of three fourths (%) of all the members of the County Board is required to pass a zoning map amendment if the land affected by a proposed amendment lies within one and one-half (1%) miles of the limits of a zoned municipality and a resolution objecting to the amendment is passed by the municipal board/council and filed with the McHenry County Clerk." In accordance with Section 5.1.D.2.b.v of the McHenry County Unified Development Ordinance: A copy of the written objection must be served to the applicant and a copy to the applicant's attorney if applicable by certified mail at the address(es) in the zoning application and proof of such service must be filed with the McHenry County Clerk prior to the McHenry County Board meeting when the zoning map amendment is considered. ANALYSIS: At their July 6, 2015 meeting the City Council considered an amendment to an existing boundary agreement with the Village of McCullom Lake. The Village was working with the property owner of the 22-acre tract of land to allow the property to be annexed to the Department of Community & Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.ci.mchenry.il.us Village of McCullom Lal<e and zoned for business and residential uses, including a residential zoning classification permitting a density of 18 dwelling units/gross acre. The City Council did not approve the request to amend the boundary agreement (see attached meeting minutes). The City of McHenry Comprehensive Plan designates this area as medium -density residential (4- 9 dwelling units/gross acre -(see attached City of McHenry Comprehensive Plan and Zoning Map Exhibits). Multi -family dwelling units are not consistent with the trend of development or character of this area. While the proposed request is for three -acres; and the County's R-3 District requires a minimum lot area of two acre plus .25 acres for each dwelling unit above four dwelling units therefore a maximum of eight dwelling units/acre would be permitted. Staff believes however if approved this certainly would alter the trend of development and character A the area the area; adversely impact City of McHenry residents and open the door for expansion on the remaining 22 acres perpetuating all the aforementioned. As stated in the McHenry County Unified Development Ordinance: "The intent of the R-3 Multifamily Residential Qistrict is to provide for multifamily residential use in areas where central utilities, facilities, and services exist. The R-3 District is for areas of higher residential density, located in close proximity to municipalities or historic town centers where services are available and more accessible." This is similar to language in the City of McHenry Comprehensive Plan therefore not consistent with the City's Plan. The subject property, although located in close proximity to Ringwood Road, is isolated with respect to public transportation; water and sewer services and rezoning a site to multi -family at a location such as the one proposed is not responsible land use planning. While higher -density single-family housing may be appropriate staff does not believe multi- family makes sense at this location. Additionally, it's not consistent with the intent of the County's R-3 District, and staff believes it does not conform to the intent of the County's 2030 Plan (see attached map excerpts). If the City Council concurs it's recommend to approve the attached Resolution objecting to a zoning reclassification from Al Agriculture and A1C Agriculture with a Conditional Use Permit to R-3 Multi4amily Residential and a Variation to allow a minimum lot frontage of 159.91 feet (175 feet required) within the 111-3 Multifamily District as well as removal of the existing Conditional Use Permit for a property located approximately 1,150 feet east of Flanders Road and Ringwood Road on the south side of Flanders Road and that the ordinance be filed and mailed as outlined in this supplement. 3 Department of Community & Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.ci.mchenry.il.us LOCATION MAPS All Martin Woods Subdivision r L: FSbject Propertv (22 acres) Proposed Zoning Map Amendment-3 acres p C6RT OF THE FO% ap y titc ' c LI i ar Ij fI If f yCat,yW r v1 - -- _ - -Ir IVk k 6. V. Ys b, - - F IV I rI If IMP I I I.- I V, NMI.ve' Department of Community & Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.ci.mchenry.il.us PHOTOGRAPHS OF SITE AND SURROUNDING AREA Existing Structure on site Existing Accessory Structure On -Site 7 Department of Community & Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.ci.mchenry.il.us PHOTOGRAPHS OF SITE AND SURROUNDING AREA View from site looking east View of existing structure on site E:3 Department of Community & Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.ci.mchenry.il.us PHOTOGRAPHS OF SURROUNDING AREA View looking east along Flanders Road (Subject Property at southeast corner of Ringwood and Flanders Road) View looking west along Flanders Road (Subject Property at southeast corner of Ringwood and Flanders Road) 0 Department of Community & Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.ci.mchenry.il.us MCHENRY COUNTY 2030 FUTURE LAND USE MAP Proposed Zoning Map Amendment (3-acres) 20 Martin Woods Subdivision VE Agricultural Open Space - Environmentally Sensitive Area Estate (1 - 5 acre lots) Residential (<1 acre lots) Mixed Use - Retail - Office /Research /Industrial - Government / Institutional / Utilities { I Incorporated Areas Isolated Estate Developments - Isolated Residential Developments E�J TOD Existing Station ® TOD Future Station 5Z Existing Earth Extraction L1�1� Department of Community & Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.ci.mchenry.il.us MCHENRY COUNTY 2030 FUTURE LAND USE MAP 24 G� 13 Proposed Zoning Map Amendment jamac OQ7.P I J COUNTRY LAl 11 Department of Community & Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.ci.mchenry.il.us CITY OF IVICHENRY FUTURE LAND USE MAP tjll. Martin Woods Subdivision Subject Property (22 acres) o•r� Proposed Zoning Map Amendment (3-acres) it I Rilllitit i;. .__ ... Three -acre property in Question (Medium -Density Residential 4-9 dwelling units/gross acre) 12 Department of Community & Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.ci.mchenry.il.us CITY OF MCHENRY ZONING MAP --�� Martin Woods Subdivision n30,000 square -foot minimum lot size) Subject Property (22 acres) ■ Proposed Zoning Map Amendment (3-acres) Property in Question (Unincorporated McHenry County zoned Al (Agriculature and A1C- Agriculture w/Conditional Use Permit) 13 AMN pew.RT OF TNC FO% R YGR R-16- Department of Community & Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.ci.mchenry.il.us A RESOLUTION OBJECTING TO A ZONING RECLASSIFICATION FROM Al AGRICULTURE AND A1C AGRICULTURE WITH A CONDITIONAL USE PERMIT TO R-3 MULTI -FAMILY RESIDENTIAL AND A VARIATION TO ALLOW A MINIMUM LOT FRONTAGE OF 159.91 FEET (175 FEET REQUIRED) WITHIN THE R-3 MULTIFAMILY DISTRICT AS WELL AS REMOVAL OF THE EXISTING CONDITIONAL USE PERMIT FOR A PROPERTY LOCATED APPROXIMATELY 1,150 FEET EAST OF FLANDERS ROAD AND RINGWOOD ROAD ON THE SOUTH SIDE OF FLANDERS ROAD WHEREAS, the City Council of McHenry received Legal Notice of Public Hearing #2016 in the matter of the application of ERAR INVESTMENTS, LLC, 6211 Hillside, Crystal Lake, Illinois. ("PROPERTY OWNER"), for an amendment of the Unified Development Ordinance of McHenry County, Illinois for a Reclassification and Variation ("AMENDMENT REQUEST") or the property legally described on attached Exhibit "A" ("SUBJECT PROPERTY"); WHEREAS, the City Council o f McHenry considered the "AMENDMENT REQUEST" at its regularly scheduled meeting on September 6, 2016; at 7:00 PM at the City of McHenry Municipal Center, 333 S Green Street, McHenry, IL 60050 as it relates to Section 5.1.E.1 Approval Standards for Map Amendments and Section 5.2.F. Approval Standards for Zoning Variations of the McHenry County Unified Development Ordinance; WHEREAS, the City Council following consideration of Sections 5.1.E.1. Approval Standards for Map Amendments and Section 5.2.F. Approval Standards for Zoning Variations find that the approval of AMENDMENT REQUEST is not consistent with the aforementioned Sections of the McHenry County Unified Development Ordinance. NOW, THEREFORE, BE IT RESOLVED that the City of McHenry objects to the AMENDMENT REQUEST proposed on the SUBJECT PROPERTY and incorporates the following findings of fact as they pertain to the AMENDMENT REQUEST on the SUBJECT PROPERTY and Sections 5.1.E.A and 5.2.F and directs staff to file this resolution with the McHenry County Clerk and mail to the applicant and attorney and other procedural requirements outlined in the McHenry County Unified Development Ordinance so this resolution is presented to the McHenry County Board when this petition is considered. 5.1.E.E.1. APPROVAL STANDARDS FOR MAP AMENDMENTS 5.1.E.1.a. The proposed zoning map amendment to R-3 is not compatible with the existing use and zoning of nearby property. The zoning to the east is A1; to the west is A1C; E2 to the north and R-1 to the south. Department of Community & Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.ci.mchenry.il.us 5.1.E.1.b The property values of the subject property will most likely not be diminished by the existing zoning if utilized to the full extent the current district allows. Currently both buildings are vacant and dilapidated. Other properties in the area are developed with similarly - sized sites and topographical challenges. 5.1.E.1.c The proposed zoning map amendment to R-3 does not further the public health, safety, and welfare of the public by the existing zoning. There are not water and sewer mains in close proximity to the SUBJECT PROPERTY and no form of public transportation such a proposed density would necessitate. Additionally, the SUBJECT PROPERTY is not in close enough proximity to a town center or municipality which would have that infrastructure. 5.1.E.1.d. The proposed zoning map amendment is not congruent as it relates to the gain to the public compared to the potential hardship imposed upon the applicant if the proposed zoning is denied. 5.1.E.1.e The property is suitable to is current zoning particularly if improved appropriately. 5.1.E.f. There is vacant property to the north and southeast. 5.1.E.g. There are other areas of the community where the project which is proposed on the SUBJECT PROPERTY can be met and in closer proximity to the water, sewer and transportation infrastructure which should be accessible to a development with the proposed 1-3 zoning classification as reiterated in the McHenry County Unified Development Ordinance. 5.1.E.1.h. The proposed zoning map amendment is not consistent with the adopted comprehensive plan or an appropriate use for the SUBJECT PROPERT Cl"d set a precedent for the area moving forward, particular the remainder of the vacant land immediately adjacent to the SUBJUECT PROPERTY. "The intent of the R-3 Multifamily Residential District is to provide for multifamily residential use in areas where central utilities, facilities, and services exist. The R-3 District is for areas of higher residential density, located in close proximity to municipalities or historic town centers where services are available and more accessible." (McHenry County Unified Development Ordinance) 5.2.F APPROVAL STANDARDS FOR ZONING VARIATIONS 5.2.F.1 The existing buildings located on the SUBJECT PROPERTY are proof that the shape, condition, topographically of the site, can be dealt with -as they have been in the past. 5.2.F.2. The SUBEJCT PRORPETY is part of a bigger site which could be incorporated into a larger development reducing the need for a variation. Additionally the site was successfully developed in the past under a different zoning classification. 15 Department of Community & Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.ci.mchenry.il.us 5.2.F.3 The purpose of the variation is based on a desire to increase the monetary gain from the SUBJECT PROPERTY. 5.2.F.4. The SUBEJCT PRORPETY is part of a bigger site which could be incorporated into a larger development reducing the need for a variation. Additionally the site was developed successfully in the past under a different zoning classification. 5.2.F.5. The granting of the variation will be detrimental to the public welfare as it is inconsistent with the existing and trend of development_ in the immediate vicinity of the SUBJECT PROPERTY. 5.2.F.6. The proposed variation would increase congestion in the street by allowing a more dense development than permitted by the underlying zoning district. 5.2.F.7. For all the aforementioned reasons the granting of the variation requested will confer on the applicant a special privilege and set a precedent for the area moving forward, particular the remainder of the vacant land immediately adjacent to the SUBJUECT PROPERTY. 5.1.E.g. There are other areas of the community where the proposed need which is proposed on the SUBJECT PROPERTY can be met. There are no public faculties which would be required if this zoning map amendment were approved: water, sewer, proximity to public transportation, as outlined in the McHenry County Unified Development Ordinance Purpose and Intent of the 1-3 zoning district: "The intent of the R-3 Multifamily Residential District is to provide for multifamily residential use in areas where central utilities, facilities, and services exist. The R-3 District is for areas of higher residential density, located in close proximity to municipalities or historic town centers where services are available and more accessible." (McHenry County Unified Development Ordinance) ADOPTED this the 6t" day of September, 2016. Susan E. Low, Mayor Janice C. Jones, City Clerk 16 Department of Community & Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.ci.mchenry.il.us Exhibit "A" THAT PART OF THE" NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTfQN 27, TOWNSHIP 45 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS. COMMENCING AT THE CENTER OF SAID SECTION 21; THENCE SOUTH 00 DEGREES fib MINUTES 99 SECONDS WEST ON AN ASSUMED BEARING ALONG THE WEST LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 21, 33.50 FEET; THENCE NORTH 90 DEGREES 00 MINUTES 00 SECONDS EAST ALONG THE SOUTH LINE OFFLANDERS ROAD AS DEDICATED PER DOCUMENT NO. 87R003996, SAID LINE BEING PARALLEL WITH AND 33.50 FEET SOUTH OF THE NORTH LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 21, 1960,7E FEET TO THE POINT OF BEGINNING; THENCE CONTINUING NORTH 90 DEGREES 00 MINUTES 00 SECONDS EAST ALONG THE SOUTH LINE OF SAID FLANDERS ROAD, 159.91 FEET TO THE EAST LINE OF THE WEST HALF OF THE SOUTHEAST QUARTER OF SAID SECTION 29; THENCE SOUTH 00 DEGREES 09 MINUTES 09 SECONDS WEST ALONG SAID EAST LINE, 379.00 FEET; THENCE SOUTH 90 DEGREES 00 MINUTES Ott SECONDS WEST ALONG ALINE PARALLEL 'vV1TH AND 112.50 FEET SOUTH OF THE NORTH LINE OF THE SOUTHEAST QUARrE'R OF SAID SECTION 21, 544.00 FEET; THENCE NORTH 00 DEGREES 00 MINUTES 00 SECONDS WEST, 182.50 FEET; THENCE NORTH 90 DEGREES 00 MINUTES 00 SECONDS EAST, 385J0 FEET; THENCE NORTH 00 DEGREES 00 MINUTES 00 SECONDS WEST, 190.50 FEET TO THE POINT OF BEGINNING, IN MCHENRY COUNTY, ILLINOIS. PART OF PIN #09-Zfi-401.004 LEGAL NOTICE OF PUBLIC HEARING 1#2016-029 IIN THE MATTER OF THE APPL.iCA rION OF ERAR INVESTMENTS, LLC, OWNER, FOR AN AMENDMENT OF THE UNIFIED DEVELOPMENT ORDINANCE OF McHENRY COUNTY, ILLINOIS FOR A RECLASSIFICATION AND VARIATION Notice is hereby given incompliance wifh the McHenry County Unified Development Ordinance, that a public hearing will be held before the McHenry County Zoning Board of Appeals, in connection with this Ordinance, which would result in a reclassification and variation for the following described real estate. THAT PART OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 21, TOWNSHIP 45 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS. COMMENCING AT THE CENTER OF SAID SECTION 21; THENCE SOUTH 00 DEGREES 16 MINUTES 19 SECONDS WEST ON AN ASSUMED BEARING ALONG THE WEST LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 21, 33.50 FEET; THENCE NORTH 90 DEGREES 00 MINUTES 00 SECONDS EAST ALONG THE SOUTH LINE OF FLANDERS ROAD AS DEDICATED PER DOCUMENT NO. 87R003995, SAID LINE BEING PARALLEL WITH AND 33.50 FEET SOUTH OF THE NORTH LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 21, 1160.16 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING NORTH 90 DEGREES 00 MINUTES 00 SECONDS EAST ALONG THE SOUTH LINE OF SAID FLANDERS ROAD, 159.91 FEET TO THE EAST LINE OF THE WEST HALF OF THE SOUTHEAST QUARTER OF SAID SECTION 21; THENCE SOUTH 00 DEGREES 09 MINUTES 09 SECONDS WEST ALONG SAID EAST LINE, 379.00 FEET; THENCE SOUTH 90 DEGREES 00 MINUTES 00 SECONDS WEST ALONG A LINE PARALLEL WITH AND 412,50 FEET SOUTH OF THE NORTH LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 21, 544.00 FEET; THENCE NORTH 00 DEGREES 00 MINUTES 00 SECONDS WEST, 182.50 FEET; THENCE NORTH 90 DEGREES 00 MINUTES 00 SECONDS EAST, 385.10 FEET; THENCE NORTH 00 DEGREES 00 MINUTES 00 SECONDS WEST, 196.50 FEET TO THE POINT OF BEGINNING, IN MCHENRY COUNTY, ILLINOIS, PART OF PIN 1109-21-401-004 The Subject Property is located approximately 1,150 feet east of the intersection of Flanders Road and North Ringwood Road, with a common address of 5315 Flanders Road, McHenry, Illinois, in McHenry Township. The Subject Property is presently zoned "A-1"Agriculture District and "A-1"Agriculture Disfrict with a Conditional Use and consists of approximately 3.0 acres with "A -I" zoning to the East, zoning fa the South, "A-1" and "A-1C" zoning to the West, and "A-1" and "E-211rzoning to the North. The Petitioner is requesting reclassification of the Subject Property from "A-1"Agriculture Disfrict and "A-1"Agriculture District with a Conditional Use to "R-3" Multifamily Residential District. The Petitioner is also requesting a Variation to allow a minimum lot frontage of 159.91 feet Instead of the minimum 175 feet required within the "R-3" Multifamily Residential District as well as removal of the existing Conditional Use on the Subject Property. Kevin Rein is the sole member of ERAR investments, LLC and presently resides at 6211 Hillside, Crystal Lake, Illinois. A hearing on this Petition will be held on the 8T" day of September, 2016 at 1:30 P.M. in Conference Room B at the McHenry County Government CenteritNare Rd. Administration Bung, 2200 N. Seminary Avenue, Woodstock, Illinois at which time and place any person desiring to be heard may be present. DATED THIS 16« DAY OF August, 2016. bv: RICHARD KELLY JR. Richard Kelly Jr., Chairman McHenry County Zoning Board of Appeals 2200 N. Seminary Avenue Woodstock, IL 60098 Regular Meeting Page 6 July 6, 2015 MOTION WITH REGARDS TO A REQUEST FOR AN AMENDMENT TO THE EXISTING BOUNDARY AGREEMENT WITH THE VILLAGE OF MCCULLOM LAKE TO ALLOW THE ANNEXATION OF APPROXIMATELY 22-ACRES LOCATED AT THE SOUTHEAST CORNER OF MCCULLOM LAKE ROAD AND FLANDERS ROAD TO THE VILLAGE OF MCCULLOM LAKE City Administrator Morefield informed Council that the City of McHenry has Boundary Agreements with five adjacent municipalities: Village of Bull Valley; Village of McCullom Lake; Village of Johnsburg; Village of Ringwood; and Village of Prairie Grove. The primary purpose of a boundary agreement is to address areas in close proximity to multiple governmental jurisdictions and if a developer or property owner wishes to annex land within those areas, the agreement specifies to which municipality the land would be annexed. In 2002, the City Council approved a Boundary Agreement with the Village of McCullom Lake for a term of 20 years. Staff was recently contacted by the Village of McCullom Lake requesting an amendment to the existing Agreement to allow the property at the southeast corner of Flanders and Ringwood Roads, consisting of approximately 22 acres, to be annexed to the Village of McCullom Lake. The parcel in question is currently unincorporated however the existing Agreement only permits the parcel to be annexed to the City of McHenry. The proposed amendment sought by the Village of McCullom Lake would allow the parcel in question to be annexed to the Village and marketed for commercial and residential development, with a portion allowing a density of up to 18 dwelling units per acre. In November 2014, Staff determined and informed the property owner's attorney that the proposed land uses, zoning classifications and densities outlined in the Agreement were not consistent with the City of McHenry's Comprehensive Plan, which designates the 22-acres in question as medium -density residential (4-9 dwelling units per gross acre). The property is immediately east of the Martin Woods Subdivision, which is zoned RS-1. The RS-1 zoning classification is low density single-family residential with a minimum lot size of 30,000 square feet, which equates to .59 dwelling units per gross acre. If approve, the proposed amendment to the Boundary Agreement could have an adverse impact to the land use and therefore, Staff does not recommend the proposed amendment to the Boundary Agreement. Mayor Low introduced Village of McCullom Lake President Terry Counley who was present at the meeting. Motion by Glab, second by Curry, to deny the request for an amendment to the existing Boundary Agreement with the Village of McCullom Lake to allow the annexation of approximately 22-acres located at the southeast corner of McCullom Lake Road and Flanders Road to the Village of McCullom Lake. Mayor Low clarified to Council that a "yes" vote would be a vote to deny the request for an amendment to the Boundary Agreement. Regular Meeting Page 7 July 6, 2015 Voting Aye: Santi, Glab, Schaefer, Curry, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. MOTION TO APPROVE AN ORDINANCE AUTHORIZING THE MAYOR'S EXECUTION OF A PROPERTY TAX ABATEMENT AGREEMENT BETWEEN SETH WAGNER & ASSOCIATES REAL ESTATE COMPANY REPRESENTING FABRIK INDUSTRIES, INC., LOCATED AT 5213 PRIME PARKWAY; CITY OF MCHENRY; MCHENRY COUNTY, NUNDA TOWNSHIP CEMETERY DISTRICT; MCHENRY COUNTY CONSERVATION DISTRICT; MCHENRY COUNTY COLLEGE DISTRICT 528 MCHENRY HIGH SCHOOL DISTRICT 156; MCHENRY ELEMENTARY SCHOOL DISTRICT 15; MCHENRY TOWNSHIP FIRE PROTECTION DISTRICT; MCHENRY PUBLIC LIBRARY DISTRICT; NUNDA TOWNSHIP; AND NUNDA TOWNSHIP ROAD & BRIDGE DISTRICT City Administrator Morefield stated in 2009, an Economic Development Plan was approved for the City of McHenry. In 2011, the City Council adopted an Economic Development Strategy that focuses on goals and objectives pertaining to business expansion, attraction and retention. On March 17, 2014, Council approved the Underutilized Property Tax Abatement and Incentive Program to encourage reinvestment in existing improved vacant or underutilized properties through a property tax abatement program instituted through multiple taxing bodies. �` Over time assessed valuations of vacant or underutilized properties decrease or remain stagnant hindering tax growth for all applicable governmental bodies, and the intent of the program through intergovernmental cooperation is to abate some portion of property tax increase over some agreed upon time period following property redevelopment and/or reoccupation of a previously vacant building. The program was designed and structured around a specific set of criteria, including a consistent approval process and, is intended to be flexible to allow each proposal to be evaluated individually. A Preliminary Application for Underutilized Property Tax Abatement and Incentive Program was submitted by Mr. Keith Wagner, President of Fabrik Molded Plastics (Fabrik), located at 5213 Prime Parkway in the McHenry Corporate Center. Fabrik is a leader in the plastics injection molding industry, employs approximately 400 people and has been located in the City of McHenry for over 30 years. The property Fabrik currently occupies consists of six parcels, a 113,904 square foot building, and total land area equal to 1.63 acres. Fabrik is seeking to expand business operations and contemplating all options; one of which is to remain at their current location and purchase the building at 1515 Miller Parkway. The proposed expansion would result in employment of an estimated 100 additional employees within the next three to four years. Additionally, the proposed expansion would add approximately $1.5 million to $3 million annually to Fabrik's payroll. Further, Fabrik would be spending approximately $5 million over a three to four year time period for the expansion, which includes equipment, building and site improvements. Mr. Wagner has received offers from Indiana, Alabama and Kentucky to move Fabrik to their state. VIONNIUM Office of the City Administrator Bill Hobson, Deputy City Administrator McHenry Municipal Center AGENDA SUPPLEMENT DATE: September 6, 2016 TO: Mayor and City Council FROM: Bill Hobson, Deputy City Administrator RE: Charles Miller Boat Launch Engineering Services Agreement 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2100 Fax: (815) 363-2119 www.ci.mchenry.il.us ATT: United States Army Corp of Engineers Acknowledgment of Transfer HR Green Engineering Services Agreement Agenda Item Summary: Council is being asked to consider a Professional Services Agreement with HR Green to assist in the engineering design, permitting and finally, bidding for construction of the McHenry Boat Launch at Charles Miller Riverfront Park. Background/Analysis: Almost 30 years ago the Parks and Recreation Department began the development of a public boat launch facility at Charles Miller Riverfront Park. The park was designed and subsequently submitted for a Special Area Management Plan grant in conjunction with the Illinois Department of Natural Resources and the United States Army Corp of Engineers (USAGE). The City was awarded the grant and proceeded with construction of the facility however during that time the USACE began a study of the Fox River and the Chain of Lakes Waterway ultimately culminating in an imposed moratorium on new access opportunities, including Charles Miller River ront Park. At that point the launch was amended to a carry in only launch, until such time the city could identify and acquire the rights to a boat launch of similar capacity within the waterway. Through the years, the city has continually searched for boat launch opportunities, briefly coming to an agreement on a launch before it too was rescinded as part of a larger property sale. The City also met with various elected officials and with the USACE for any relief from the moratorium, all to no avail. As illustrated in the attached letter of acknowledgement of transfer, this year the city was able to acquire the appropriate rights for the boat launch and have these rights confirmed by the USACE. The last step in the process is the award of a construction The Ciry of McHenry is dedicated to providing its citizens, businesses, and visitors with the highest quality of programs and services in a customer-orie►►ted, efficient, and fiscally responsible manner. permit by the USAGE, at which time the city would remit payment for the launch rights, bid the project and begin construction. Attached is a Professional Services Agreement (PSA) with HR Green that outlines the fmalization of the design, submittal and bidding to finally complete this long overdue project within the City of McHenry. The boat launch project is included in the Capital Improvement Plan for construction this year. The costs for the project and the engineering would be paid for through the Park Developer Donation Fund. In staffs opinion, time is of the essence in all aspects of this project. It have proven to be a tenuous project with a long history and despite a letter affirming the City's standing, implementing this long sought project as soon as possible is essential. In addition, staff hopes for a expedient turnaround from the permitting agencies in an effort to have the project out to bid an d completed before the beginning of the next boating season in May of 2017. Recommendation: Therefore, if City Council concurs, it is recommended that the attached Professional Services Agreement with HR Green, Inc. for a lump sum amount of $22,000 for the engineering design, permitting, bidding and surveying of the McHenry Boat Launch at Charles Miller Riverfront Park be executed. The City of McHenry is dedicated to providing its citizens, busi�tesses, and visitors with the highest quality of programs and services in acustomer-oriented, efftclent, and frscally responsible manner. DEPARTMENT OF THE ARMY CHICAGO DISTRICT, CORPS OF ENGINEERS 231 SOUTH LA SALLE STREET, SUITE 1600 CHICAGO, ILLINOIS 60604-1439 REPLY TO ATTENTION OF: Technical Services Division Regulatory Branch LRC-2014-00282 August 229 2016 SUBJECT: Acknowledgement of boat ramp rights transfer between the Village of Lakemoor and the City of McHenry, McHenry County, Illinois Village President Ryan Weihofen Village of Lakemoor 28874 Illinois Route 120 Suite C&D Lakemoor, Illinois 60051 Dear Mr. Weihofen: This letter acknowledges the transfer of boat ramp rights to a public boat ramp within Ramp Trading Region #2 as defined by Army Corps of Engineers, Fox River -Chain O'Lakes Boat Pier and Boat Ramp Application Review Policy, dated May 12, 2000, as amended, that was associated with Lake County Parcel No. 05-01410-003. The new owner is the City of McHenry. Please note that the Letter of Permission (LRC-2012-00301) previously issued to the Village of Lakemoor for the construction of the boat ramp is no longer valid since the rights to the boat ramp have been transferred. The City of McHenry will need to apply for a permit for authorization to build the boat ramp at the new location. If you have any questions, please contact Julie Rimbault of my staff by telephone at 312- 846-5542, or email at Julie.C:Rimbault@usace.anny.mil. Sincerely, Keith L. Wozniak Chief, West Section Regulatory Branch -2- Copy Furnished Law Offices of Zukowski, Rogers, Flood &McArdle (David McArdle) City of McHenry (Bill Hobson) HRGreen PROFESSIONAL SERVICES AGREEMENT For McHenry Boat Launch Mr. Bill Hobson Assistant City Administrator City of McHenry 333 South Green Street McHenry, Illinois, 60050 815-363-2100 Chad J. Pieper, P.E. Project Manager HR Green, Inc. 420 North Front Street McHenry, Illinois, 60050 86160038 September 6, 2016 TABLE OF CONTENTS 1.0 PROJECT UNDERSTANDING 2.0 SCOPE OF SERVICES 3.0 DELIVERABLES AND SCHEDULES INCLUDED IN THIS AGREEMENT 4.0 ITEMS NOT INCLUDED IN AGREEMENT/SUPPLEMENTAL SERVICES 5.0 SERVICES BY OTHERS 6.0 CLIENT RESPONSIBILITIES 7.0 PROFESSIONAL SERVICES FEE 8.0 TERMS AND CONDITIONS Professional Services Agreement McHenry Boat Launch September 2016 Page 1 of 10 THIS AGREEMENT is between CITY OF McHENRY (hereafter "CLIENT") and HR GREEN, INC. (hereafter "COMPANY"). 1.0 Project Understanding 1.1 General Understanding The City of McHenry intends to complete a project started many years ago by installing a duel lane boat launch at Miller Riverfront Park off of Charles Miller Road. This ramp was put on hold when the Army Corp of Engineers (ACOE) instituted a limitation on boat ramps in the Chain-O-Lakes region. Recently, HR Green has assisted the City with renewing the discussions with the ACOE via a permit submittal in August of 2014. The response from the ACOE to this permit submittal is the basis for the following proposed work. It is also understood that the City of McHenry recently acquired the necessary boat launch ramp rights, allowing the project to move forward. 1.2 Design Criteria/Assumptions It is assumed that this project will be based on the original design done by Smith Engineering titled, "City of McHenry Boat Launching Facility", dated November 1, 1989. From these plans, HR Green will update the project design, as needed, to make sure it is current. It is assumed that this will be a dual -lane boat launch facility. Due to the small area of the improvements, it is assumed that no storm water detention facility will be required. The response from the ACOE summarized in a memo from HR Green to the City dated September 17, 2014 will be controlling for ACOE permng. IDNR requirements will also need to be met. It is understood that no water or sanitary services will need to be installed as a part of this project. 2.0 Scope of Services The CLIENT agrees to employ COMPANY to perform the following services as described in the following Phases: Proiect Management 100.01 COMPANY shall provide general management tasks, such as scheduling, invoicing, progress reports, contract administration, accounting control ,and documentation control. COMPANY shall organize weekly scheduling, sub consultants, budget control, internal design meetings and external CLIENT updating, as necessary. The focus of this item is to maintain focus on the schedule, scope and budget keeping all parties informed as to their various states. Coordination among the team members, including, COMPANY, CLIENT and Contractor are essential to successful project completion. 100.02 COMPANY shall attend Design Meetings with the CLIENT at intervals as described in the sections below. Survey Services 200.01 Topographic Survey Professional Services Agreement McHenry Boat Launch September 2016 Page 2 of 10 Topographic Survey will include the area at the northeast corner of the existing gravel parking lot that was originally designated as the boat launch on plans by Smith Engineering Consultants, dated November 1, 1989. The topo survey will include 100' cross sections centered on the proposed centerline of the launch. Survey will be provided at a point in the Fox River that will allow for the launch channel to tie into the river bottom. Survey will reference existing NGS control stations, Illinois State Plane Coordinate System East Zone NAD83(2007). Elevations will be based upon NAVD88 or local benchmarks. It is assumed, based on the City's GIS utility atlas, that there are no wet utilities in the area of this project. It is also assumed that there are no dry utilities in this area. Therefore, no utilities will be surveyed. 200.02 Tree Survey HR Green will locate existing trees greater than six (6) inches in diameter within the project limits covered by the topo survey. Tree size and type (coniferous or deciduous) will be referenced within the topographic base map. 200.03 Site Topography Survey Base Map HR Green will generate a Microstation V8 drawing of the existing features collected along the centerline of the boat launch. One (1) foot contours will be generated with the elevations referenced to NAVD88 (U.S. Survey Feet), Topographic Survey base map will show tags to existing visible utilities and features. A topographic survey plat is not required due to this surveying service being performed for our internal engineering group. As the City owns all of the project property, no additional right-of-way or easements are anticipated; therefore work to complete Plat of Easement or Plat of Dedication is not included. 300 —Permitting 300.01 Army Corps of Engineers (ACOE) Requirements of the ACOE were identified in a permit submittal in September of 2014. The follow scope items are based on the response from the ACOE, dated August 12, 2014, to the permit submittal. a. Items 1-3 are items to be addressed by the CLIENT. COMPANY will compile the CLIENT's responses in the final submittal to ACOE. b. COMPANY will delineate the area of Waters of the US that would be impacted. This will require the acquisition, review and creation of appropriate maps, data and design plans to determine this impact area. c. COMPANY will provide wetland delineation, including a Floristic Quality Assessment. A sub consultant specializing in this work will be utilized for this item. d. A Sediment and Erosion Control plan would be completed by COMPANY. This item requires the creation of design and construction plans, per section 400. Location of necessary erosion and sediment control measures for site will be identified and the creation of CAD files with this information and specs for control measures will be created. e. A Floristic Quality Assessment has been required by the ACOE for determination of the presence of one endangered species, the eastern prairie fringed orchid. The will be performed during the first week of July (the middle of the orchids growing season) by a sub consultant specializing in this work. a. This study was completed under a separate contract in order to meet the time line required by the ACOE. The subsequent report will be utilized for this submittal. Professional Services Agreement McHenry Boat Launch September 2016 Page 3 of 10 f. Special instructions have been given by the ACOE to avoid impact to three endangered species that could possibly be present on this site: Blanding's Turtle, Northern Long -Eared Bat, and Eastern Prairie Fringed Orchid. A short narrative is to be written by COMPANY and submitted to ACOE. COMPANY shall also write construction specifications that ensure special instructions are met during construction. 300.02 Illinois Department of Natural Resources (IDNR) a. Consultation has been completed with the IDNR regarding endangered species. One species, the Blanding's turtle, has been identified and will require special construction methods to avoid impacting the species. This info will be added to the construction plans and/or specifications. b. Follow up consultation with the IDNR will be performed to insure that 300.03 McHenry Storm Water Permit a. COMPANY will prepare the required documentation for review and issuance of a storm water permit per the City's Stormwater Management Ordinance. b. COMPANY, being the CLIENT's City Engineer will review and make recommendation for approval of the stormwater permit, per the guidance of the City's Stormwater Management Ordinance. 400 — Engineering Design 400.01 Conceptual Engineering Services a. Based upon the original project design for this site, by Smith Engineering Consultants, an updated site concept plan will be developed. Up to two revisions to this concept plan are included in this proposal. Revisions requested beyond this allotment will be reviewed an addendum issued if applicable. b. COMPANY will prepare an Engineers Opinion of Probable Cost that will be reflective of the proposed improvements for use in budgeting. a. COMPANY will attend up to two meetings to review the concept plan/ EOPC and to discuss potential phasing of improvements. 400.02 Engineering Services Due to the size of the project, preliminary and final engineer will be considered at one time. Design will be based on the concept plan approved by CLIENT. a. Utilizing the approved concept plan COMPANY will generate a set of 60% engineering plans to further refine the project budget. Atypical set of Preliminary Engineering Plans include the following items listed below and are completed in accordance with the City of McHenry requirements and good engineering practices: • Cover Sheet/General Information —one (1) sheet • Specifications/General Notes —two (2) sheets • Existing Conditions Sheet — one (1) sheet • Overall Layout Plan/Site & Utility Plan — one (1) sheet • Grading/Stormwater Management Plan — one (1) sheet • Standard Details — five (5) sheets Professional Services Agreement McHenry Boat Launch September 2016 Page 4 of 10 b. An Engineer's Opinion of Probable Construction Cost (EOPC) will be completed after 60% Engineering Plans have been completed and approved by the CLIENT for project budget tracking purposes. c. Atypical set of Final Engineering Plans include the following items listed below and are completed in accordance with the City of McHenry requirements and good engineering practices: • Cover Sheet/General Information —one (1) sheet • Specifications/General Notes — two (2) sheets • Existing Conditions/Demolition Sheet — one (1) sheet • Stormwater Pollution Prevention Plan(SWPPP) — one (1) sheet • SWPPP Notes — one (1) sheet • SWPPP Details — one (1) sheet • Overall Layout Plan/Site Plan — one (1) sheet • Grading/Stormwater management Plan — one (1) sheet • Standard Details — five (5) sheets d. An Engineer's Opinion of Probable Construction Cost (EOPC) will be completed after Final Engineering Plans and all permits and approvals have been obtained or upon Client request. In the event that an EOPC is requested prior to obtaining all permits and approvals, this request shall be billed on a time and materials basis. 500 - Bidding Assistance After authorization to proceed with the bidding phase, COMPANY shall: 500.01 Assume one Bidding Phase. 500.02 Print the required number of plans, specifications, and contract documents for distribution to prospective bidders, contractors, the subcontractors, and material/equipment suppliers. As directed by CLIENT, drawings and specifications can be distributed electronically in pdf format on ftp web site or compact disc (CD). 500.03 Assist the CLIENT in advertising for, establishing a list of prospective contractors and obtaining bids for construction, receive and process deposits for bidding documents, and maintain a record of prospective bidders to whom bid documents have been issued. 500.04 Issue Addenda as appropriate to interpret, clarify or expand bidding documents. 500.05 Consult with and advise the CLIENT as to the acceptability of subcontractors, suppliers, and other persons and organizations proposed by the Contractor for those portions of the work where such acceptability is required by the bidding documents. 500.06 Attend the bid opening, prepare bid tabulation sheets, and assist the CLIENT in evaluating bids and awarding contracts for construction. 500.07 Prepare construction contract documents and deliver the executed documents to the CLIENT for review. 3.0 Deliverables and Schedules Included in this Agreement The following deliverables are anticipated on this project Professional Services Agreement McHenry Boat Launch September 2016 Page 5 of 10 • 60% Engineering design plans, project specifications Cl"d EOPC (2 hard copies and 1 pdf copies of each) • Final Engineering design plans, project specifications and EOPC (2 hard copies and 1 pdf copies of each) • Bid Documents(as specified above) (1 hard copy and 1 pdf copy) • Recommendation of award to Contractor (1 hard copy and 1 pdf copy) The schedule will be finalized after execution of contract. The ACOE permit requirements and application has specific dates will be adhered to and it will be assumed that the bid letting for this project will be in early 2017 allowing for construction in Spring of 2017. This schedule was prepared to include reasonable allowances for review and approval times required by the CLIENT and public authorities having jurisdiction over the project. This schedule shall be equitably adjusted as the project progresses, allowing for changes in the scope of the project requested by the CLIENT or for delays or other causes beyond the control of COMPANY. 4.0 Items not included in AgreementlSupplemental Services The following items are not included as part of this agreement: • Construction Engineering/Observation (by COMPANY, under separate contract). • Construction Staking (by COMPANY, under separate contract) • Plan, Elevation or Section Illustrative Exhibits (by COMPANY, if required under separate contract) • Sign Design • Dry Utility Coordination • Electrical/Lighting Design • Easement Documents (CLIENT -Attorney) • Easement Exhibits (by COMPANY, under separate contract) • Topographic survey of existing gravel parking lot and site access drive. (by COMPANY, under separate contract) • Wetland Mitigation • CADD files for use by the contractor (can be provided following electronic disclaimer form submittal) Supplemental services not included in the agreement can be provided by COMPANY under separate agreement, if desired. 5.0 Services by Others Environmental assessments and soil borings shall be provided by sub -consultants to the COMPANY, to satisfy the Work for this project. 6.0 Client Responsibilities 1. Unless otherwise provided for under this Agreement, the CLIENT shall provide information in a timely manner regarding requirements for and limitations on the Project, including a written program which shall set forth the CLIEN I s objectives, schedule, constraints and criteria, including space requirements and relationships, flexibility, expandability, special equipment, systems and site requirements. Within 5 days after receipt of a written request from the COMPANY, the CLIENT shall furnish the requested information as necessary and relevant for the Engineer to evaluate, give notice of or enforce lien rights. Professional Services Agreement McHenry Boat Launch September 2016 Page 6 of 10 2. The CLIENT shall establish and periodically update the CLIENT's budget for the Project, including (1) the budget for the Cost of the Work; (2) the CLIENT 's other costs; and, (3) reasonable contingencies related to all of these costs. If the CLIENT significantly increases or decreases the CLIENT's budget for the Cost of the Work, the CLIENT shall notify the COMPANY. The CLIENT and the COMPANY shall thereafter agree to a corresponding change in the Project's scope and quality. 3. The CLIENT shall identify a representative authorized to act on the CLIENT's behalf with respect to the Project. The CLIENT shall render decisions and approve the COMPANY's submittals in a timely manner in order to avoid unreasonable delay in the orderly and sequential progress of the COMPANY's services. 4. The CLIENT shall coordinate the services of its own consultants with those services provided by the COMPANY. Upon the COMPANY's request, the CLIENT shall furnish copies of the scope of services in the contracts between the CLIENT and the CLIENT Is consultants. The CLIENT shall furnish the services of consultants other than those designated in this Agreement, or authorize the COMPANY t to furnish them as an Additional Service, when the COMPANY requests such services and demonstrates that they are reasonably required by the scope of the Project. The CLIENT shall require that its consultants maintain professional liability insurance as appropriate to the services provided. 5. The CLIENT shall furnish tests, inspections and reports required by law or the Contract Documents, stich as structural, mechanical, and chemical tests, tests for air and water pollution, and tests for hazardous materials. 6. The CLIENT shall furnish all legal, insurance and accounting services, including auditing services, that may be reasonably necessary at any time for the Project to meet the CLIENT 's needs and interests. 7. The CLIENT shall provide prompt written notice to the COMPANY if the CLIENT becomes aware of any fault or defect in the Project, including errors, omissions or inconsistencies in the COMPANY's Instruments of Service. 8. Except as otherwise provided in this Agreement, or when direct communications have been specially authorized, the CLIENT shall endeavor to communicate with the Contractor and the COMPANY's consultants through the COMPANY about matters arising out of or relating to the Contract Documents. The CLIENT shall promptly notify the Architect of any direct communications that may affect the COMPANY's services. 9. Before executing the Contract for Construction, the CLIENT shall coordinate the COMPANY's duties and responsibilities set forth in the Contract for Construction with the COMPANY's services set forth in this Agreement. The CLIENT shall provide the COMPANY a copy of the executed agreement between the CLIENT and Contractor, including the General Conditions of the Contract for Construction. 10, The CLIENT shall provide the COMPANY access to the Project site prior to commencement of the Work and shall obligate the Contractor to provide the COMPANY access to the Work wherever it is in preparation or progress. 11. The CLIENT shall provide all permit application fees, as required to satisfy the application requirements. Professional Services Agreement McHenry Boat Launch September 2016 Page 7 of 10 7.0 Professional Services Fee 7.1 Fees The fee for services will be based on COMPANY standard hourly rates current at the time the agreement is signed. These standard hourly rates are subject to change upon 30 days' written notice. Non salary expenses directly attributable to the project such as: (1) living and traveling expenses of employees when away from the home office on business connected with the project; (2) identifiable communication expenses; (3) identifiable reproduction costs applicable to the work; and (4) outside services will be charged in accordance with the rates current at the time the service is done. 7.2 Invoices Invoices for COMPANY's services shall be submitted, on a monthly basis. Invoices shall be due and payable upon receipt. If any invoice is not paid within 15 days, COMPANY may, without waiving any claim or right against the CLIENT, and without liability whatsoever to the CLIENT, suspend or terminate the performance of services. The retainer shall be credited on the final invoice. Accounts unpaid 30 days after the invoice date may be subject to a monthly service charge of 1.5% (or the maximum legal rate) on the unpaid balance. In the event any portion of an account remains unpaid 60 days after the billing, COMPANY may institute collection action and the CLIENT shall pay all costs of collection, including reasonable attorney's fees. 7.3 Extra Services Any service required but not included as part of this contract shall be considered extra services. Extra services will be billed on a Time and Material basis with prior approval of the CLIENT. 7A Exclusion This fee does not include attendance at any meetings or public hearings other than those specifically listed in the Scope of Services. These service items are considered extra and are billed separately on an hourly basis. 7.5 Payment The CLIENT AGREES to pay COMPANY on the following basis: A lump sum amount of $22,000.00. See Attachment A for an estimated man-hour breakdown. 8.0 Terms and Conditions The following Terms and Conditions are incorporated into this AGREEMENT and made a part Mt. 8.1 Standard of Care Services provided by COMPANY under this AGREEMENT will be performed in a manner consistent with Illinois law applicable to the professional services provided by COMPANY. 8.2 Entire Agreement This Agreement, and its attachments, constitutes the entire understanding between CLIENT and COMPANY relating to professional engineering services. Any prior or contemporaneous agreements, promises, negotiations, or representations not expressly set forth herein are of no effect. Subsequent modifications or amendments to this Agreement shall be in writing and signed by the parties to this Agreement. 8.3 Time Limit and Commencement of Work This AGREEMENT must be executed within ninety (90) days to be accepted under the terms set forth herein. The work will be commenced immediately upon receipt of this signed Agreement. Professional Services Agreement McHenry Boat Launch September 2016 Page 8 of 10 8.4 Suspension of Services If the Project or the COMPANY'S services are suspended by the CLIENT for more than thirty (30) calendar days, consecutive or in the aggregate, over the term of this Agreement, the COMPANY shall be compensated for all services performed and reimbursable expenses incurred prior to the receipt of notice of suspension. If the COMPANY'S services are suspended for more than ninety (90) days, consecutive or in the aggregate, the COMPANY may terminate this Agreement upon giving not less than five (5) calendar days' written notice to the CLIENT. 8.5 Book of Account COMPANY will maintain books and accounts of payroll costs, travel, subsistence, field, and incidental expenses for a period of five (5) years. Said books and accounts will be available at all reasonable times for examination by CLIENT at the corporate office of COMPANY during that time. 8.6 Insurance COMPANY will maintain insurance coverage throughout the term of this Agreement consistent with the Certificate of Insurance declaration sheet attached hereto as Exhibit B. 8.7 Termination or Abandonment The CLIENT has the option to terminate this Agreement for any reason or no reason at all. 8.8 Waiver Either Party's waiver of any term, condition, or covenant or breach of any term, condition, or covenant, shall not constitute a waiver of any other term, condition, or covenant, or the breach thereof. 8.9 Severability If any provision of this Agreement is declared invalid, illegal, or incapable of being enforced by any arbitrator or court of competent jurisdiction ("Removed Provision"), all of the remaining provisions of this Agreement shall nevertheless continue in full force and effect, and no provision shall be deemed dependent upon any other provision unless so expressed herein. Provided, however, should an arbitrator or judge find that the Removed Provision is found to substantially affect the remaining terms of this Agreement, the arbitrator or court may blue pencil the Agreement according to intent of the parties. 8.10 Successors and Assigns No assignment of this Agreement shall be made without written consent of the parties to this Agreement. 8.11 Third -Party Beneficiaries Nothing contained in this Agreement shall create a contractual relationship with or a cause of action in favor of a third party against either the CLIENT or the COMPANY. The COMPANY's services under this Agreement are being performed solely for the CLIENT Is benefit, and no other party or entity shall have any claim against the COMPANY because of this Agreement or the performance or nonperformance of services hereunder. The CLIENT and COMPANY agree to require a similar provision in all contracts with contractors, subcontractors, subconsultants, vendors and other entities involved in this project to carry out the intent of this provision. 8.12 Governing Law and Jurisdiction The CLIENT and the COMPANY agree that this Agreement and any legal actions concerning its validity, interpretation and performance shall be governed by the laws of the State of Illinois, McHenry County without regard to any conflict of laws provisions, which may apply the laws of other jurisdictions. 8.13 Dispute Resolution The CLIENT and COMPANY agree that they will first attempt to mutually work towards a resolution on any dispute between them arising out of or relating to this agreement. In the event a mutual agreement cannot be made between the parties, any controversy or claim arising out of or relating to this Agreement, or the breach thereof, shall be settled by binding arbitration administered by the American Arbitration Association under its Construction Industry Arbitration Rules or ADR Systems, Chicago, Illinois, In the discretion of the CLIENT, at the McHenry Municipal Center, 333 South Green Street, McHenry, Illinois, and judgment on the award Professional Services Agreement McHenry Boat Launch September 2016 Page 9 of 10 rendered by the arbitrator may be entered in any court having jurisdiction thereof. Provided, however, the only exception to this exclusive procedure is with regard to enforcement of equitable remedies such as injunctive relief and mechanic lien rights which may be maintained by filing suit in the 22"d Judicial Circuit Court, McHenry County, Illinois. In the event of arbitration or litigation of this Agreement between the CLIENT and the COMPANY, the prevailing party to any litigation or arbitration shall be entitled to recover from the non - prevailing party all of its expenses incurred, including but not limited to (a) attorneys' fees, (b) filing costs, (c) witness fees, and (d) other general expenses of the litigation or arbitration. 8.14 Ownership of Instruments of Service All reports, plans, specifications, field data, field notes, laboratory test data, calculations, estimates and other documents including all documents on electronic media prepared by COMPANY as instruments of service shall remain the property of COMPANY. At no cost to CLIENT, documents referenced in this section 8.14, shall be provided to the CLIENT in any requested format. 8.15 Reuse of Documents All project documents including, but not limited to, plans and specifications furnished by COMPANY under this project are intended for use on this project only. Any reuse, without specific written verification or adoption by COMPANY, shall be at the CLIENT's sole risk, and CLIENT shall defend, indemnify and hold harmless COMPANY from all claims, damages and expenses including attorney's fees arising out of or resulting therefrom. In no event shall the COMPANY be liable for indirect or consequential damages as a result of the CLIENT's reuse of the electronic files. 8.16 Design Information in Electronic Form CLIENT shall retain copies of the work performed by COMPANY in electronic form only for information and use by CLIENT for the specific purpose for which COMPANY was engaged, except as otherwise provided for herein. Said material shall not be used by CLIENT or transferred to any other party, for use in other projects, additions to this project, or any other purpose for which the material was not strictly intended by COMPANY without COMPANY's expressed written permission. Any unauthorized use or reuse or modifications of this material shall be at CLIENT'S sole risk. 8.17 Job Site Visits and Safety Neither the professional activities of COMPANY, nor the presence of COMPANY'S employees and subconsultants at a construction site, shall relieve the General Contractor and any other entity of their obligations, duties and responsibilities including, but not limited to, construction means, methods, sequence, techniques or procedures necessary for performing, superintending or coordinating all portions of the work of construction in accordance with the contract documents and any health or safety precautions required by any regulatory agencies. COMPANY and its personnel have no authority to exercise any control over any construction contractor or other entity or their employees in connection with their work or any health or safety precautions. The CLIENT agrees that the General Contractor is solely responsible for job site safety, and warrants that this intent shall be made evident in the CLIENT's AGREEMENT (prepared by the COMPANY) with the General Contractor, The CLIENT also agrees that the COMPANY may confirm that the CLIENT's AGREEMENT (prepared by the COMPANY) provides that the CLIENT, COMPANY and COMPANY'S consultants shall be shall be made additional insureds on the General Contractor's and all subcontractor's general liability policies on a primary and non-contributory basis. 8.18 Indemnification The COMPANY agrees, to the fullest extent permitted by law, to indemnify and hold harmless the CLIENT, its officers, directors and employees (collectively, CLIENT) against all damages, liabilities or costs, including reasonable attorneys' fees and defense costs, to the extent caused by the COMPANY'S negligent performance of services under this Agreement.. The CLIENT agrees, to the fullest extent permitted by law, to indemnify and hold harmless the COMPANY, its officers, directors, employees and subconsultants (collectively, COMPANY) against all damages, liabilities or costs, including reasonable attorneys' fees and defense costs, to the extent caused by the CLIENT'S negligent acts in connection with the Agreement.. Neither the CLIENT nor the CONSULTANT shall be obligated to indemnify the other party in any manner whatsoever for the other party's own negligence or for the negligence of others. Professional Services Agreement McHenry Boat Launch September 2016 Page 10 of 10 8.1 Municipal Advisor The COMPANY is not a Municipal Advisor registered with the Security and Exchange Commission (SEC) as defined in the Dodd -Frank Wall Street Reform and Consumer Protection Act. When the CLIENT is a municipal entity as defined by said Act, and the CLIENT requires project financing information for the services performed under this AGREEMENT, the CLIENT will provide the COMPANY with a letter detailing who their independent registered municipal advisor is and that the CLIENT will rely on the advice of such advisor. A sample letter can be provided to the CLIENT upon request. This AGREEMENT is approved and accepted by the CLIENT and COMPANY upon both parties signing and dating the AGREEMENT. Services will not begin until COMPANY receives a signed agreement. COMPANY's services shall be limited to those expressly set forth in this AGREEMENT and COMPANY shall have no other obligations or responsibilities for the Project except as agreed to in writing. The effective date of the AGREEMENT shall be the last date entered below. Sincerely, HR GREEN, INC. Ch�d'J. Pieper, P Project Manager Approved by: Printed/Typed Name: Title: Vice President City of McHenry Accepted by: Printed/Typed Name: Title: Timothy J. Hartnett Date: September 6, 2016 Date: Hrgmhnas:\\O:\86160038\Design\Contract\agt-090616-PSA_McHenry Boat Launch.docx HRGreen Man -Hour Estimate McHenry Boat Launch Job Number: 86160038 Date: September 6, 2016 Exhibit A TASK Personnel MAN HOURS LABOR COST Project Management Project Manager 15 $2,500.00 Subtotal: 15 $2,500*00 Survey Survey Crew Leader 8 $1,024000 Survey Staff 27 $2,976.00 Subtotal: 35 $4,000900 Permitting Project Manager 4 $660.00 Project Engineer 12 $1,676.00 Staff Engineer 24 $3,288.00 Admin. 4 $376.00 Subtotal: 44 $6,000.00 Design Project Manager 6 $996.00 Project Engineer 16 $2,256000 Staff Engineer 8 $872.00 Admin. 4 $376900 Geotechnical Sub - $2,000.00 Subtotal: 34 $6,500M Bidding Project Manager 4 $660900 Project Engineer 15 $2,152.00 Admin. 2 $188600 Subtotal: 21 $3,000M Total: 149 Contract Total: $22,000.00 Based upon our understanding of the project detailed in this Contract, the above is a summary of man- hours and costs associated with the project. H rgmhnas\\O:\86160035\Design\Contract\ex-090616-Exhibit_A-Man-hour estimate -Boat Launch.docx I. CHenr AGENDA SUPPLEMENT TO: Mayor and City Council FROM: Douglas Martin, Director of Economic Development FOR: September 6, 2016 Department of Community & Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.ci.mchenry.il.us RE: Consideration of Option Agreements between the City of McHenry and Landmark Dividend LLC Consideration of entering into a Grant of Easement and Assignment of Lease Agreement(s) with Landmark Dividend LLC for Cellular Leases between the City of McHenry and New Cingular Wireless LLC and/or the City of McHenry and T- Mobile for property located at 4225 Sioux Lane with terms in substantial conformance with the Option Agreements submitted by Landmark Dividend LLC and with the conditions New Cingular does not exercise their Option of First Right of Refusal and T-Mobile authorizes the approval for Landmark Dividend to have their lease assigned ATT: 1. Ordinance Authorizing Mayor's Execution of Option Agreements between Landmark Dividend LLC and the City of McHenry pertaining to existing telecommunication lease agreements between the City of McHenry and T-Mobile Central LLC and new Cingular Wireless LLC on property located at 4225 Sioux Lane 2. Ordinance Authorizing Mayor's Execution of a Grant of Easement and Assignment of Lease Agreement between the City of McHenry and Landmark Dividend LLC for property located at 4225 Sioux Lane 3. Existing Lease between the City of McHenry and New Cingular Wireless PCS (March 2008) 4. First Amendment to New Cingular Wireless PCS Lease Agreement with City of McHenry at 4225 Sioux Lane (March 2009) 5. Second Amendment to New Cingular Wireless PCS Lease Agreement with City of McHenry at 4225 Sioux Lane (November 2011) 6. Existing Lease between and First Amendment between City of McHenry and T-Mobile 7. Option Agreement between Landmark Dividend and City of McHenry for New Cingular Lease 8. Option Agreement between Landmark Dividend and City of McHenry for T-Mobile Lease 1 CHenr Department of Community & Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.ci.mchenry.il.us AGENDA ITEM SUMMARY: Council is being asked to consider a two Option Agreements with Landmark Dividend LLC. The proposed agreements include the assignment of the existing leases and an easement acquisition for the New Cingular Wireless and T-Mobile at 4225 Sioux Lane. Both are for the assignment in the City's interest in the lease and associated revenue and easements extending through the end of each respective lease and in exchange the City would receive a lump sum payment in the amount of $524,000 ($380,000 for the New Cingular Lease and $144,000 for the T-Mobile Lease). BACKGROUND: In August 2015 staff was contacted by a representative working on behalf of AT&T/New Cingular pertaining to their existing antennae lease on the City's water at 4225 Sioux Lane, as well as accompanying ground space (322 square feet) at that location. Staff was informed AT&T was seeking a rent reduction of $867/month as well as an escalator adjustment, currently at 3%/year to a proposed 10% every five years. In exchange, if the City agreed to these terms, AT&T would agree to guarantee the rent and escalator for seven years. The City currently receives $3,240.38/month ($38,884.56 annually) from New Cingular, with a 3% escalation and $22,770.52 annually ($1,897.54/month) from T-Mobile for ground equipment and antennae space, with a 2.5% escalation on the City's water tower at 4225 Sioux Lane. The proposed options from Landmark Dividend are for 60 days and if after or before that term expires Landmark chose to move forward a Lease Buyout and Easement Acquisition Agreement would be prepared consistent with the terms in these options and executed by the Mayor. ANALYSIS: The Council authorized a similar lease buyout and easement agreement with Crown Castle for the City's lease with Verizon at the Public Works facility. This transaction was consummated this year and included a lump sum payment of $417,500 to the City, which the City has received, in exchange for a 50-year lease buyout and easement agreement. At the time this agreement was finalized the City was receiving a payment of $2,318.55/month from Verizon, along with an annual 3% escalator. This proposal is similar with two distinct differences - one of which being that the New Cingular and T-Mobile antennae are located on the City's water tower and, second, that the equipment is physically attached to City property therefore staff and City attorney, through the negotiations, have ensured the City water tower and health and welfare of the residents 2 v � CHe r Department of Community & Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.ci.mchenry.il.us benefitting from the water tower are being protected. In the case with Crown Castle the City owns the land but not the actual tower which the antenna are placed. Initial negotiations with New Cingular, as previously stated, began in August 2015 however staff chose to terminate the negotiations because a mutual agreement could not be reached which would allow the transaction to occur because City staff and attorney were not comfortable with the language which the City insisted upon to protect the water tower. Staff subsequently contacted Landmark Dividend, which had submitted a proposal for the Verizon buyout but because of a typographical error staff did not move forward with Landmark Dividend however maintained a relationship with the company. When the City could not reach an agreement with initial company for Sioux Lane, staff asked Landmark Dividend if they would agree to include the language required to protect the water tower. Additionally staff asked Landmark if they would be interested in purchasing the T-Mobile lease, the only other provider on the Sioux Lane water tower, thereby consolidating the leases and creating a single point of contact when/if issues arise. New Cingular has a right -of -first refusal (ROFR) to match any "bona fide" offer, which they must do within 30 days. The T-Mobile Agreement allows the City to right to assign or otherwise transfer the Agreement and the easements granted after upon notice is provided to T-Mobile however T-Mobile has no obligation under the Agreement to agree to the assignment T-Mobile Term. (Up to 20 years or until February 28, 2029 if all renewal options exercised bV T-Mobile) Term. The current term (whether such term is the initial term, a renewal term, a modified term or other name) will expire on February 28, 2029 (the "Current Term"). After the Current Term and notwithstanding anything to the contrary in the Agreement; a) Tenant shall have the right to renew the Agreement for up to four (4) additional sixty (60) month periods (each a "Renewal Term"), and b) each Renewal Term shall automatically commence, on the same terms and conditions of the Agreement, without further action by Tenant, unless Tenant provides Owner with written notice of its intention not to renew at least ninety (90) days prior to the end of the Current Teem or of any Renewal Term. T-Mobile Termination Language (Initial Lease entered into in 2004/Rent guaranteed in First Amendment but expires in (February 28, 2017) Termination. After the Rental Fee Guarantee Period (expires February 28, 2017) Tenant may terminate the Agreement at any time with thirty (30) days prior written notice to Owner. 3 ►►+ Department of Community & Economic Development vMcHenry Municipal Center 333 Green Street McHenry, Illinois 60050 j�� u Phone: (815) 363-2170 ,LYlc e r Fax: (815) 363-2173 www.ci.mchenry.il.us Notwithstanding any other provision of the Agreement or of this Amendment, Tenant may terminate the Agreement, during the Rental Fee Guarantee Period upon; a) Owner default, b) Tenant's loss of FCC license, or c )condemnation of or casualty or interference at the Premises, that substantially hinders Tenant's ability to use the Premises. Upon such termination, Tenant shall be released from any and all of its obligations to pay rental fee during the Rental Fee Guarantee Period as of the effective date of such termination. New Cingular Lease (expires approximately September 2038 if all renewal options exercised by New Cingular) Term. (29.6 years) (a) The initial lease term will be five (5) years ("Initial Term"), commencing on the Effective Date. The Initial Term will terminate on the fifth (5t") annual anniversary of the Effective Date. (b) This Agreement will automatically renew for four (4) additional five (5) year term(s), and one (1) additional term of four (4) years six (6) months (each term shall be defined as the "Extension Term"), upon the same terms and conditions unless the Tenant notifies the Landlord in writing of Tenant's intention not to renew this Agreement at least sixty (60) days prior to the expiration of the existing Tenn. (c) The Initial Term and the Extension Term are collectively referred to as the Term ("Term"). New Cingular Termination Language (Initial Lease entered into in 2008/First Amendment entered into in 2009 to include a $25,000 removal and restoration bond and Third Amendment entered into 2011 to include payment of back rent; expansions area (63 square feet) and future generator expansion area of (59 square feet). Termination. This Agreement may be terminated, without penalty or further liability, as follows: (a) by either party on thirty (30) days prior written notice, if the other party remains in default under Paragraph 15 of this Agreement after the applicable cure periods; (b) by Tenant upon written notice to Landlord, if Tenant is unable to obtain, or maintain, any required approval(s) or the issuance of a license or permit by any agency, board, court or other governmental authority necessary for the construction or operation of the Communication Facility as now and hereafter intended by Tenant or if Tenant determines in its sole discretion that the cost of obtaining or retaining the same is commercially unreasonable; or (c) by Tenant upon written notice to Landlord for any reason at any time prior to commencement of construction by Tenant; or 4 ►►+ Department of Community & Economic Development vMcHenry Municipal Center 333 Green Street McHenry, Illinois 60050 j�� u Phone: (815) 363-2170 ,LYlc e r Fax: (815) 363-2173 www.ci.mchenry.il.us (d) by Tenant upon sixty (60) days prior written notice to Landlord for any reason or no reason, so long as Tenant pays Landlord a termination fee equal to three (3) month's Rent, at the then current rate; provided, however, that no such termination fee will be payable on account of the termination of this Agreement by Tenant under anyone or more of Paragraphs S(b), 6(a), 6(b), 6(c), 8, (d), 18, 19 or 23(j) of this Agreement. Other than these differences Landmark Dividend is a finance company and all they do is collect a check in exchange for the lease from the City. Both options include language which allow the City to enforce the maintenance provisions in the existing leases with New Cingular and T- Mobile if Landmark chooses not to do so however, notwithstanding, the City is allowed to immediately take action to repair the tower if there is an imminent threat to residents' health, safety or welfare or if there is a situation whereby the structural integrity of the tower is compromised. If New Cingular or T-Mobile leaves and removes their antennae and equipment from the Sioux Lane Water Tower site, under the proposed easement, Landmark Dividend would be permitted to allow a replacement carrier within the New Cingular and/or T-Mobile easement area but only for the existing terms of the existing leases. The City would still retain the right to review any antenna and/or equipment replacement at the site in this instance or if New Cingular/T- Mobile remained for the entire term of their respective lease, 2029 for T-Mobile and 2038 for New Cingular, upon termination the proposed easement would expire and the City could renegotiate with T-Mobile and/or New Cingular or an alternative carrier(s). In the Crown Castle Agreement the Verizon Lease, without cancellation under the City's lease could extend for 55 years or until approximately 2065 and Crown Castle's easement extends until 2066 so almost concurrently. Over the past couple of decades and since 2012 the market for internet, cellular phone and other wireless services has contracted due to mergers and acquisitions i.e. (AT&T/New Cingular) (Sprint/Nextel) are a couple of examples, become extremely competitive and technology continues evolving. There are really only four carriers in the market: New Cingular; Verizon, T-Mobile and Sprint and mergers are being talked about between a couple of these carriers. The remaining cell carriers utilize these four primary networks. Wireless companies are consolidating sites and terminating redundant leases and seeking other ways to reduce costs and remain competitive. Staff believes it is worthwhile and to the City's benefit to approve these option agreements with Landmark Dividend. Part of the funds the City received from the Crown Castle transaction are being utilized for a backup generator for the City Public Works Facility, a cost in excess of $200,000, and proceeds from the proposed options with Landmark Dividend (approximately $524,000) can provide the City with immediate funding in the Water/Sewer Fund for the many 5 �►■y Department of Community & Economic Development vMcHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 cHenr Fax: (815) 363-2173 www.ci.mchenry.il.us water and sewer maintenance or capital improvements identified in the Capital Improvement Program (CIP). As Council is aware, while the City implemented a $4 and $2 base fee for water and sewer, respectively, on users in 2016, which will be dedicated to water and sewer capital improvements, it will take some time for this funding to accrue to a level to be able to undertake significant improvements. The $524,000 could be utilized immediately for needed water and sewer capital projects. Again, to summarize, staff believes that the benefits of combining the existing lease agreements under the umbrella of Landmark Dividend will be of benefit in ensuring continuity in lease management and provides certain guarantees for maintenance of the Sioux Lane water tower and, further, that the $524,000 lump sum payment will help to address the water and sewer capital needs that currently exist RECOMMENDATION: If the Council concurs it is recommended that the attached ordinances authorizing the Mayor's execution of both options, pertaining to T-Mobile and New Cingular Wireless, with Landmark Dividend and execution of a Grant of Easement and Assignment of Lease with Landmark Dividend if Landmark Dividend choose to exercise either or both options after or prior to the expiration of the 60-day option period with the condition the Grant of Easement and Assignment of Lease Agreement be in substantial conformance with both of the attached options, including all conditions pertaining to enforcement, maintenance, time period and dollar amount and with the conditions New Cingular does not exercise their Option of First Right of Refusal and T-Mobile authorizes the approval for Landmark Dividend to have their lease assigned. IXI �� OW CHenr ORDINANCE NO. 16- Department of Community & Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.ci.mchenry.il.us AN ORDINANCE AUTHORIZING EXECUTION OF OPTION AGREEMENTS BETWEEN LANDMARK DIVIDEND LLC AND THE CITY OF MCHENRY PERTAINING TO EXISITNG TELECOMMUNICATION LEASE AGREEMENTS BETWEEN THE CITY OF MCHENRY AND T- MOBILE CENTRAL LLC AND NEW CINGULAR WIRELESS LLC ON PROPERTY LOCATED AT 4225 SIOUX LANE WHEREAS, the City of McHenry ("City"), McHenry County, Illinois is a home rule municipality as contemplated under Article VII, Section 6, of the Constitution of the State of Illinois and the passage of this Ordinance constitutes an exercise of the City's home rule powers and functions as granted in the Constitution of the State of Illinois; and WHEREAS, the City is the ("OWNER") of property legally described on attached Exhibit "A" and Landmark Dividend LLC is the ("TENANT") of an Option and Structure Lease Agreement between the OWNER and New Cingular Wireless PCS, LLC, a Delaware Limited Liability Corporation and Site Agreement Between the City and Voicestream GSM I Operating Company LLC for the Use of certain City property known as the Sioux Lane Elevated Water Storage Tank;. NOW THEREFORE BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MCHENRY, MCHENRY COUNTY, ILLINOIS AS FOLLOWS: SECTION 1: The Option Agreement- dated August 31, 2016 between Landmark Dividend LLC and the City of McHenry pertaining to the Option and Structure Agreement between the City of McHenry and New Cingular Wireless PCS, LLC a Delaware LLC, as amended, is hereby approved. SECTION 2: The Option Agreement- dated August 31, 2016 between Landmark Dividend LLC and the City of McHenry and Voicestream GSM I Operating Company LLC for the Use of certain City property known as the Sioux Lane Elevated Water Storage Tank is hereby approved. SECTION 3: The Mayor and City Clerk are hereby authorized to affix their signatures as Mayor and City Clerk to said option agreements. Complete and accurate copies of said agreements are attached to this ordinance as Exhibit "B" and incorporated herein by reference. SECTION 4: This Ordinance shall be published in pamphlet form by and under the authority of the corporate authorities of the City of McHenry, McHenry County, Illinois. 7 CHe r Department of Community & Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.ci.mchenry.il.us SECTION 5: This Ordinance shall be in full force and effect from and after its passage, approval, and publication in pamphlet form as provided by law. PASSED THIS DAY OF 12016 AYES: NAYES: ABSTAIN: 0 CHe r Department of Community & Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.ci.mchenry.il.us Exhibit "A" Legal Description of the SUBJECT PROPERTY M CHe r Exhibit "B" Option Agreements 10 Department of Community & Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.ci.mchenry.il.us �� OW CHenr ORDINANCE NO. 16- Department of Community & Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.ci.mchenry.il.us AN ORDINANCE AUTHORIZING MAYOR'S EXECUTION OF A GRANT OF EASEMENT AND ASSIGNMENT OF LEASE AGREEMENT BETWEEN THE CITY OF MCHENRY AND LANDMARK DIVIDEND LLC FOR PROPERTY LOCATED AT 4225 SIOUX LANE WHEREAS, the City of McHenry ("City"), McHenry County, Illinois is a home rule municipality as contemplated under Article VII, Section 6, of the Constitution of the State of Illinois and the passage of this Ordinance constitutes an exercise of the City's home rule powers and functions as granted in the Constitution of the State of Illinois; and WHEREAS, the City is the ("GRANTOR") and Landmark Dividend LLC is the ("GRANTEE") in a Grant of Easement and Assignment of Lease Agreement ("AGREEMENT"). NOW THEREFORE BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MCHENRY, MCHENRY COUNTY, ILLINOIS AS FOLLOWS: SECTION 1: The Grant of Easement and Assignment of Lease Agreement -dated August 31, 2016 between the Grantor and Grantee be and the same is hereby approved with the conditions enforcement, maintenance, time period and dollar amount are consistent with the Option Agreement(s) and with the condition New Cingular does not exercise their Option of First Right of Refusal and T-Mobile authorizes the approval for Landmark Dividend to have their lease assigned. SECTION 2: The Mayor and City Clerk are hereby authorized to affix their signatures as Mayor and City Clerk to said Agreement. Complete and accurate copies of said agreements is attached to this ordinance as Exhibit "A" and incorporated herein by reference. SECTION 3: This Ordinance shall be published in pamphlet form by and under the authority of the corporate authorities of the City of McHenry, McHenry County, Illinois. SECTION 4: This Ordinance shall be in full force and effect from and after its passage, approval, and publication in pamphlet form as provided by law. PASSED THIS DAY OF 12016 AYES: NAYES: 11 CHe r Department of Community & Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.ci.mchenry.il.us Exhibit "A" Grant of Easement and Assignment of Lease Agreement 12 NN W (tr n Y4 �4 r- Market: IU"I CeII Site Number. IL0831 Cell Site Neme: Downtown McHenry Pixed Asset Number 10129747 OPTION AND STRUCTURE LEASE AGREEMENT THIS OPTION AND LEASE AGREEMENT ("Agreement"), dated as of the latter of the signature dates below (the "Effective Date"), is entered into by the City of McHenry, an Illinois municipal corporation, having a mailing address of 333 South Green Street, McHenry, Illinois 60050 (hereinafter referred to as "Landlord") and New Cingular Wireless PCS, LLC, a Delaware limited liability company, having a mailing address of 5405 Windward Parkway, P.O. Box 1630,Alpharetta, GA 30009 (hereinafter referred to as "Tenant"). Landlord awns or controls that certain plot, parcel or tract of land, improved with a structure, together with all rights and privileges arising in connection therewith, located at 4225 Sioux Lane, McHenry, in the County of McHenry, State of Illinois 60050 (collectively, the "Property"). Tenant desires to use a portion of the Property in connection with its federally licensed communications business. Landlord desires to grant to Tenant the right to use a portion of the Property in accordance with this Agreement. The parties agree as £allows: 1. OPTION TO LEASE. (a) Landlord grants to Tenant an option (the "Option") to lease a portion of the Property consisting of: (i) approximately 200 square feet (10' x 20') of rooftop /basement/ground space for the placement of Tenant's radio cabinets plus the airspace above such those spaces; and (ii) space for any structural steel or other improvements to support Tenant's equipment (collectively, the "Equipment Space"); and (iii) that certain space on an existing water tank owned and operated by Landlord, as generally depicted on Exhibit I annexed hereto and made a part hereof, where Tenant shall have the right to install its antennas (collectively, the "Antenna Space'); and (iv) those certain areas where Tenant's conduits, wires, cables, cable trays and other necessary connections are located between the Equipment Space and the Antenna Space, and between the Equipment Space and the electric power, telephone, and fuel sources for the Property (hereinafter collectively referred to as "Connections"). Landlord agrees that Tenant shall have the right to install Connections between Tenant's equipment in the Equipment Space and Antenna Space; and between Tenant's equipment in the Equipment Space and the electric power, telephone, and fuel sources for the Property, and any other improvements. Landlord further agrees that Tenant shall have the non-exclusive right for ingress and egress to the Premises (as hereinafter defined), seven (7) days a week, twenty-four (24) hours a day, on foot or motor vehicle, including trucks, over such portion of the Premises as may be designated by the Landlord extending from the nearest public right-of-way to the Premises, together with the right to install, replace and maintain utility wires, poles, cables, conduits, pipes and other necessary connections over or along any right-of-way extending from the aforementioned public right-of-way to the Premises. Notwithstanding the foregoing, Tenant, to the extent feasible, shall locate all wires, conduits and cables on existing poles extending from the roadway into Landlord's Property, The Equipment Space, Antenna Space, Connections, Access, and Right -of --Way are hereinafter collectively referred to as the "Premises." (b) During the Option period and any extension thereof, and during the term of this Agreement, Tenant and its agents, engineers, surveyors and other representatives will have the right to enter upon the Property to inspect, examine, conduct soil borings, drainage testing, material sampling, radio frequency testing and other 8-10-07 Option Aacmel.u,e 2007 geological or engineering tests or studies of the Property (collectively, the "Tests"), to apply for and obtain licenses, permits, approvals, or other relief required of or deemed necessary or appropriate at Tenant's sole discretion for its use of the Premises and include without limitation applications for zoning variances, zoning ordinances, amendments, special use permits, and construction permits (collectively, the "Government Approvals"), initiate the ordering and/or scheduling of necessary utilities, and otherwise to do those things on or off the Property that, in the opinion of Tenant, are necessary in Tenant's sole discretion to determine the physical condition of the Property, the environmental history of the Property, Landlord's title to the Property and the feasibility or suitability of the Property for Tenant's Permitted Use, all at Tenant's expense. Tenant will not be liable to Landlord or any third party on account of any pre-existing defect or condition on or with respect to the Property, whether or not such defect or condition is disclosed by Tenant's inspection. Tenant will restore the Property to its condition as it existed at the commencement of the Option Tenn (as defined below), reasonable wear and tear and casualty not caused by Tenant excepted. In addition, Tenant shall indemnify, defend and hold Landlord harmless from and against any and all injury, loss, damage or claims arising directly out of Tenant's Tests. (c) Upon full execution of this Agreement, Tenant shall pay to Landlord a one-time fee of Three Thousand Nine Hundred Dollars and No/100 Dollars ($3,900.00) as an Administrative Review Fee. (d) In consideration of Landlord granting Tenant the Option, Tenant agrees to pay Landlord the sum of One Thousand and No/100 Dollars ($1,000.00) within thirty (30) business days of the Effective Date. The Option will be for an initial term of one (1) year commencing on the Effective Date (the "Initial Option Term") and may be renewed by Tenant for an additional one (1) year upon written notification to Landlord and the payment of an additional One Thousand and No/100 Dollars ($1,000.00) no later than ten (10) days prior to the expiration date of the Initial Option Term. (e) The Option may be sold, assigned or transferred at any time by Tenant to Tenant's parent company or member if Tenant is a limited liability company or any affiliate or subsidiary of, or partner in, Tenant or its parent company or member, or to any third party agreeing to be subject to the terms hereof. Otherwise, the Option may not be sold, assigned or transferred without the written consent of Landlord, such consent not to be unreasonably withheld, conditioned or delayed. From and after the date the Option has been sold, assigned or transferred by Tenant to a third party agreeing to be subject to the terms hereof, Tenant shall immediately be released from any and all liability under this Agreement, including the payment of any rental or other sums due, without any further action. (f) During the Initial Option Term and any extension thereof, Tenant may exercise the Option by notifying Landlord in writing. If Tenant exercises the Option then Landlord leases the Premises to the Tenant subject to the terms and conditions of this Agreement. If Tenant does not exercise the Option during the Initial Option Term, or any extension thereof, this Agreement will terminate and the parties will have no further liability to each other. (g) If during the Initial Option Term or any extension thereof, or during the term of this Agreement if the Option is exercised, Landlord decides to subdivide, sell, or change the status of the zoning of the Premises, Property or any of Landlord's contiguous, adjoining or surrounding property (the "Surrounding Property," which includes (without limitation) the remainder of the structure) or in the event of foreclosure, Landlord shall immediately notify Tenant in writing. Any sale of the Property shall be subject to Tenant's rights under this Agreement. Landlord agrees that during the Initial Option Term or any extension thereof, or during the Tenn of this Agreement if the Option is exercised, Landlord shall not initiate or consent to any change in the zoning of the Premises, Property or Surrounding Property or impose or consent to any other restriction that would prevent or limit Tenant from using the Premises for the uses intended by Tenant as hereinafter set forth in this Agreement. 2. PERMITTED USE. Tenant may use the Premises for the transmission and reception of communications signals and the installation, construction, maintenance, operation, repair, replacement and upgrade of its communication fixtures and related equipment, cables, accessories and improvements, which 7ns/os 1L0831/DT McHenry FAN10129747 e-io or opr"n s�ua rsax rmr may include a suitable support structure, associated antennas, I beams, equipment shelters or cabinets and fencing and any other items necessary to the successful and secure use of the Premises (collectively, the "Communication Facility"), as well as the right to test, survey and review title on the Property; Tenant further has the right, but not the obligation, to add, modify and/or replace equipment in order to be in compliance with any current or future federal, state or local mandated application, including, but not limited to, emergency 911 communication services, at no additional cost to Tenant or Landlord (collectively, the "Permitted Use"). Landlord and Tenant agree that any portion of the Communication Facility that may be conceptually described on Exhibit 1 will not be deemed to limit Tenant's Permitted Use. If Exhibit 1 includes drawings of the initial installation of the Communication Facility, Landlord's execution of this Agreement will signify Landlord's approval of Exhibit 1. During installation, in the event that Tenant may be required to penetrate the water tank membrane, Tenant shall provide Landlord with forty-eight (48) hours prior notice. For a period of ninety (90) days following the start of construction, Landlord grants Tenant, its subtenants, licensees and sublicensees, the right to use such portions of Landlord's Surrounding Property, as may reasonably be required during construction and installation of the Communications Facility. Tenant has the right to install and operate transmission cables from the equipment shelter or cabinet to the antennas, electric lines from the main feed to the equipment shelter or cabinet and communication lines from the main entry point to the equipment shelter or cabinet, and to make Property improvements, alterations, upgrades or additions appropriate for Tenant's use ("Tenant Changes"). Tenant Changes include the right to construct a fence around the Premises and undertake any other appropriate means to secure the Premises at the Tenant's expense. Tenant agrees to comply with all applicable governmental laws, rules, statutes and regulations, relating to its use of the Communication Facility on the Property. Tenant has the right to modify, supplement, replace, upgrade, expand the equipment, increase the number of antennas or relocate the Communication Facility within the Premises at any time during the tern of this Agreement. Tenant will be allowed to make such alterations to the Property in order to accomplish Tenant's Changes or to insure that Tenant's Communication Facility complies with all applicable federal, state or local laws, rules or regulations. In the event Tenant desires to modify or upgrade the Communication Facility, and Tenant requires an additional portion of the Property (the "Additional Premises") for such modification or upgrade, Landlord agrees to lease to Tenant the Additional Premises, upon the same terms and conditions set forth herein, except that the Rent shall increase, in conjunction with the lease of the Additional Premises by a reasonable amount consistent with rental rates then charged for comparable portions of real property being in the same area. Landlord agrees to take such actions and enter into and deliver to Tenant such documents as Tenant reasonably requests in order to effect and memorialize the lease of the Additional Premises to Tenant. Within a reasonable time and after completion of the installation of the Communications Facility, or any part thereof upon the Premises, the Landlord shall perform an inspection of the Premises and notify Tenant in writing of any alleged damage resulting from such installation. In such event, Tenant agrees to meet with the Landlord within five business days of the submission of said written notice to evaluate such claim and repair such damage at Tenant's cost using a contractor designated by the Landlord. If at any time during the lease, the Communications Facility equipment causes damage to the Premises or Landlord -owned property, Tenant will repair the damage within thirty (30) days using a contractor approved by the Landlord. TE12M. (a) The initial ]ease term will be five (5) years ("Initial Term"), commencing on the Effective Date. The Initial Term will terminate on the fifth (5 ) annual anniversary of the Effective Date. (b) This Agreement will automatically renew for four (4) additional five (5) year term(s), and one (1) additional term of four (4) years six (6) months (each term shall be defined as the "Extension Term"), upon the same terms and conditions unless the Tenant notifies the Landlord in writing of Tenant's intention not to new this Agreement at least sixty (60) days prior to the expiration of the existing Term. (c) The Initial Term and the Extension Term are collectively referred to as the Tern ("Term"). 7/15/OB 1L083]!DT McHenry FAltl0I29747 aaoa7 ovito" swrnMU� icon 4. RENT. (a) Commencing on the first day of the month following the date that Tenant commences construction (the "Rent Commencement Date"), Tenant will pay the Landlord a monthly rental payment of One Thousand Seven Hundred and No/l00 Dollars ($1,700.00) ("Rent"), at the address set forth above, on or before the fifth (5'1') day of each calendar month in advance. In partial months occurring after the Rent Commencement Date, Rent will be prorated. The initial Rent payment will be forwarded by Tenant to Landlord within thirty (30) days after the Rent Commencement Date, (b) Beginning in year two (2)and in each year thereafter, the monthly Rent will increase by three percent (3 %) over the Rent paid during the previous year. (c) All charges payable under this Agreement such as utilities and taxes shall be billed by Landlord within one (I ) year from the end of the calendar year in which the charges were incurred; any charges beyond such period shall not be billed by Landlord, and shall not be payable by Tenant. The foregoing shall not apply to monthly rent which is due and payable without a requirement that it be billed by Landlord. The provisions of the foregoing sentence shall survive the termination or expiration of this Agreement. 5. APPROVALS, (a) Landlord agrees that Tenant's ability to use the Premises is contingent upon the suitability of the Premises for Tenant's Permitted Use and Tenant's ability to obtain and maintain all Government Approvals. Landlord authorizes Tenant to prepare, execute and file all required applications to obtain Government Approvals for Tenant's Permitted Use under this Agreement and agrees to reasonably assist Tenant with such applications and with obtaining and maintaining the Government Approvals. (b) Tenant has the right to obtain a title report or commitment for a leasehold title policy at its sole cost and expense, from a title insurance company of its choice and to have the Property surveyed by a surveyor of Tenant's choice. In the event Tenant determines, in its sole discretion, due to the title report results or survey results, that the condition of the Premises is unsatisfactory, Tenant will have the right to terminate this Agreement upon notice to Landlord. (c) Tenant may also perform and obtain, at Tenant's sole cost and expense, soil borings, percolation tests, engineering procedures, environmental investigation or other tests or reports on, over, and under the Property, necessary to determine if the Tenant's use of the Premises will be compatible with Tenant's engineering specifications, system, design, operations or Government Approvals. 6. TERMINATION. This Agreement may be terminated, without penalty or further liability, as follows: (a) by either party on thirty (30) days prior written notice, if the other party remains in default under Paragraph 15 of thisAgreement after the applicable cure periods; (b) by Tenant upon written notice to Landlord, if Tenant is unable to obtain, or maintain, any required approval(s) or the issuance of a license or permit by any agency, board, court or other governmental authority necessary for the construction or operation of the Communication Facility as now and hereafter intended by Tenant or if Tenant determines in its sole discretion that the cost of obtaining or retaining the same is commercially unreasonable; or (c) by Tenant upon written notice to Landlord for any reason at any time prior to commencement of construction by Tenant; or (d) by Tenant upon sixty (60) days prior written notice to Landlord for any reason or no reason, so long as Tenant pays Landlord a termination fee equal to three (3) months Rent, at the then current rate; provided, however, that no such termination fee will be payable on account of the termination of this Agreement by Tenant under any one or more of Paragraphs 5(b), 6(a), 6(b), 6(c), 8, 1 l(d), 18, 19 or 230) of this Agreement. 7nsioa 1L0831/DT McHenry FAR10129747 8-10-01 Oprion5wtt"re Leue ]00) 7. INSURANCE. Tenant will carry during the Term, at its own cost and expense, the following insurance: (i) "All Risk" property insurance for its property's replacement cost; (ii) commercial general liability insurance with a minimum limit of liability of Two Million Five Hundred Thousand Dollars $2,500,000 combined single limit for bodily injury or death/property damage arising out of any one occurrence; and (iii) Workers' Compensation Insurance as required by law. The coverage afforded by Tenant's commercial general liability insurance shall apply to Landlord as an additional insured, but only with respect to Landlord's liability arising out of its interest in the Property. 8. INTERFERENCE. (a) Where there are existing radio frequency user(s) on the Property, the Landlord will provide Tenant with a list of all existing radio frequency user(s) on the Property to allow Tenant to evaluate the potential for interference. Tenant warrants that its use of the Premises will not interfere with existing radio frequency user(s) on the Property so disclosed by Landlord, as long as the existing radio frequency user(s) operate and continue to operate within their respective frequencies and in accordance with all applicable laws and regulations. (b) The installation and maintenance of the Communication Facility will not interfere with the Landlord's existing and future emergency equipment or operations within the Property, provided such are lawfully installed and properly operated. In the event Tenant's installations interfere with the Landlord's equipment or operations, Tenant will immediately cease such interference after notice thereof, except for intermittent testing, until Tenant is able to resolve the problem. If the interference cannot be resolved, either party will be entitled to terminate this Agreement and render it null and void. (c) Landlord will not grant, after the date of this Agreement, a lease, license or any other right to any third party for use of the Property, if such use may in any way adversely affect or interfere with the Communication Facility, the operations of Tenant or the rights of Tenant under this Agreement. Landlord will notify Tenant in writing prior to granting any third party the right to install and operate communications equipment on the Property. (d) Landlord will not use, nor will Landlord permit its employees, tenants, licensees, invitees or agents to use, any portion of the Property in any way which interferes with the Communication Facility, the operations of Tenant or the rights of Tenant under this Agreement. Landlord will cause such interference to cease within twenty -Four (24) hours after receipt of notice of interference from Tenant. In the event any such interference does not cease within the aforementioned cure period then the parties acknowledge that Tenant will suffer irreparable injury, and therefore, Tenant will have the right, in addition to any other rights that it may have at law or in equity, for Landlord's breach of this Agreement, to elect to enjoin such interference or to terminate this Agreement upon notice to Landlord. 9. INDEMNIFICATION. (a) Tenant agrees to indemnify, defend and hold Landlord harmless from and against any and all injury, loss, damage or liability (or any claims in respect of the foregoing), costs or expenses (including reasonable attorneys' fees and court costs) arising directly from the installation, use, maintenance, repair or removal of the Communication Facility or Tenant's breach of any provision of this Agreement, except to the extent attributable to the negligent or intentional act or omission of Landlord, its employees, agents or independent contractors. (b) Landlord agrees to indemnify, defend and hold Tenant harmless from and against any and all injury, loss, damage or liability (or any claims in respect of the foregoing), costs or expenses (including reasonable attorneys' fees and court costs) arising directly from the actions or failure to act of Landlord or its employees or agents, or Landlord's breach of any provision of this Agreement, except to the extent attributable to the negligent or intentional act or omission of Tenant, its employees, agents or independent contractors. 7nsios 1L0831 /DT McHenry FAN10129747 8-10-0) Option Swtlu�e Love 2001 to) Notwithstanding anything to the contrary in this Agreement, Tenant and Landlord each waives any claims that each may have against the other with respect to consequential, incidental or special damages. 10. WARRANTIES. (a) Tenant and Landlord each acknowledge and represent that it is duly organized, validly existing and in good standing and has the right, power and authority to enter into this Agreement and bind itself hereto through the party set forth as signatory for the pary below. (b) Landlord represents and warrants that: (i) Landlord solely owns the Property as a legal lot in fee simple, or controls the Property by lease or license and solely owns the structure; (ii) the Property is not encumbered by any liens, restrictions, mortgages, covenants, conditions, easements, leases, or any other agreements of record or not of record, which would adversely affect Tenant's Permitted Use and enjoyment of the Premises under this Agreement; (iii) as long as Tenant is not in default then Landlord grants to Tenant sole, actual, quiet and peaceful use, enjoyment and possession of the Premises; (iv) Landlord's execution and performance of this Agreement will not violate any laws, ordinances, covenants or the provisions of any mortgage, lease or other agreement binding on the Landlord; and (v) if the Property is or becomes encumbered by a deed to secure a debt, mortgage or other security interest, Landlord will provide promptly to Tenant a mutually agreeable Subordination, Non -Disturbance and Attomment Agreement. 11. ENVIRONMENTAL. (a) Landlord represents and warrants that the Property is free of hazardous substances as of the date of this Agreement, and, to the best of Landlord's knowledge, the Property has never been subject to any contamination or hazardous conditions resulting in any environmental investigation, inquiry or remediation. Landlord and Tenant agree that each will be responsible for compliance with any and all environmental and industrial hygiene laws, including any regulations, guidelines, standards, or policies of any governmental authorities regulating or imposing standards of liability or standards of conduct with regard to any environmental or industrial hygiene condition or other matters as may now or at any time hereafter be in effect, that are now or were related to that parry's activity conducted in, or on the Property. (b) Landlord and Tenant agree to hold harmless and indemnify the other from, and to assume all duties, responsibilities, and liabilities at the sole cost and expense of the indemnifying party for, payment of penalties, sanctions, forfeitures, losses, costs, or damages, and for responding to any action, notice, claim, order, summons, citation, directive, litigation, investigation or proceeding which is related to (i) the indemnifying parry's failure to comply with any environmental or industrial hygiene law, including without limitation any regulations, guidelines, standards or policies of any governmental authorities regulating or imposing standards of liability or standards of conduct with regard to any environmental or industrial hygiene conditions or matters as may now or hereafter be in effect, or (ii) any environmental or industrial hygiene conditions that arise out of or are in any way related to the condition of the Property and activities conducted by the party thereon, unless the environmental conditions are caused by the other party. (c) The indemnifications of this Paragraph I I specifically include reasonable costs, expenses and fees incurred in connection with any investigation of Property conditions or any clean-up, remediation, removal or restoration work required by any governmental authority. The provisions of this Paragraph I 1 will survive the expiration or termination of this Agreement. (d) In the event Tenant becomes aware of any hazardous materials on the Property, or any environmental or industrial hygiene condition or matter relating to the Property that, in Tenant's sole determination, renders the condition of the Premises or Property unsuitable for Tenant's use, or if Tenant believes that the leasing or continued leasing of the Premises would expose Tenant to undue risks of government action, intervention or third -parry liability, Tenant will have the right, in addition to any other rights it may have at law or in equity, to terminate the Agreement upon notice to Landlord. vts/os I1.0831/D7 McHenry FA#10129747 aaao> Op�ion Sminure Lcexc 1Wi 1Z. ACCESS. At all times throughout the Term of this Agreement, and at no additional charge to Tenant, Tenant and its employees, agents, and subcontractors, will have twenty-four (24) hour per day, seven (7) day per week pedestrian and vehicular access to and over the Property, from an open and improved public road to the Premises, for the installation, maintenance and operation of the Communication Facility and any utilities serving the Premises. Landlord grants to Tenant an easement for such access and Landlord agrees to provide to Tenant such codes, keys and other* instruments necessary for such access at no additional cost to Tenant. Landlord acknowledges that in the event Tenant cannot access the Premises, Tenant shall incur significant damage. If Landlord fails to provide the access granted by this Paragraph 12, such failure shall be a default under this Lease. In connection with such default, in addition to any other rights or remedies available to Tenant under this Lease or at law or equity, Landlord shall pay Tenant, as liquidated damages and not as a penalty, $500.00 per day in consideration of Tenant's damages, including, but not limited to, its lost profits, until Landlord cures such default. Landlord and Tenant agree that Tenant's damages in the event of a denial of access are difficult, if not impossible, to ascertain, and the liquidated damages set forth herein are a reasonable approximation of such damages. Upon Tenant's request, Landlord will execute a separate recordable easement evidencing this right. In the event any public utility is unable to use the access or easement provided to Tenant then the Landlord agrees to grant additional access or an easement either to Tenant or to the public utility, for the benefit of Tenant, at no cost to Tenant. 13. REMOVAL/RESTORATION. All portions of the Communication Facility brought onto the Property by Tenant will be and remain Tenant's personal property and, at Tenant's option, may be removed by Tenant at any time during the Term. Landlord covenants and agrees that no part of the Communication Facility constructed, erected or placed on the Premises by Tenant will become, or be considered as being affixed to or a pouI of, the Property, it being the specific intention of the Landlord that all improvements of every kind and nature constructed, erected or placed by Tenant on the Premises will be and remain the property of the Tenant and may be removed by Tenant at any time during the Term. Within one hundred twenty (120) days of the termination of this Agreement, Tenant will remove all of Tenant's above -ground improvements and Tenant wi11, to the extent reasonable, restore the Premises to its condition at the commencement of the Agreement, reasonable wear and tear and loss by casualty or other causes beyond Tenant's control excepted. Notwithstanding the foregoing, Tenant will not be responsible for the replacement of any trees, shrubs or other vegetation, nor will Tenant be required to remove from the Premises or the Property any structural steel any foundations or underground utilities. 14. MAINTENANCE/UTILITIES. (a) Tenant will keep and maintain the Premises in good condition, reasonable wear and tear and damage from the elements excepted. Landlord will maintain and repair the Property and access thereto, in good and tenantable condition, subject to reasonable wear and tear and damage from the elements. (b) Upon request of Landlord, Tenant agrees to relocate its equipment on a temporary basis to another location on the Property for the purpose of the Landlord performing maintenance, repair or similar work at the Property at the Tenant's expense. Unless deemed an emergency, maintenance shall be performed by the City no more than every 5 years. Landlord shall make best efforts to provide Tenant with sixty (60) days notification of the intended work and to temporarily relocate and continue to operate its antennas, or otherwise to secure the antennas or the Communication Facility generally, to protect them from damage. Tenant will be permitted to install a temporary facility, with consent of Landlord, necessary to keep its Communication Facility operational. Upon said notification, Tenant shall remove all of its antennas and associated coaxial cables attached to the water tower, no less than forty-eight (48) hours before maintenance is to begin, at Tenant's sole cost and expense. Upon completion of maintenance to the tower by the Landlord, Tenant shall reinstall all of its antennas and associated coaxial cables, at its' sole 7nsiaa IL0811/nT McHenry FAHIa1297-07 640107 amroes=Q,.,^,e zoor cost and expense. Further, any maintenance will be conducted by Landlord as diligently and expeditiously as possible. Tenant shall have the obligation to paint its equipment, including antennas and associated coaxial cables, when first installed, the same color and quality of paint, as the water tower. Also, the parties understand that from time to time Landlord will paint the water tower on which Tenant's facilities are installed. When Landlord paints the water tower, upon notice to Tenant, it may paint Tenant's equipment at the same time, excluding it's antennas and coaxial cables, to insure a uniform appearance of the water tower. Tenant agrees to reimburse Landlord for Landlord's reasonable costs for such painting directly related to the presence of Tenant's facility on the tower. (c) Tenant will be responsible for paying on a monthly or quarterly basis all utilities charges for electricity, telephone service or any other utility used or consumed by Tenant on the Premises. In the event Tenant cannot secure its own metered electrical supply, Tenant will have the right, at its own cost and expense, to submeter from the Landlord. When submetering is required under this Agreement, Landlord will read the meter and provide Tenant with an invoice and usage data on a monthly basis. Landlord agrees that it will not include a markup on the utility charges. Landlord further agrees to provide the usage data and invoice on forms provided by Tenant and to send such forms to such address and/or agent designated by Tenant. Tenant will remit payment within thirty days of receipt of the usage data and required forms. Failure by Landlord to perform this function will limit utility fee recovery by Landlord to a 12-month period. If Tenant submeters electricity from Landlord, Landlord agrees to give Tenant at least 24 hours advanced notice of any planned interruptions of said electricity. Landlord acknowledges that Tenant provides a communication service which requires electrical power to operate and must operate twenty-four (24) hour per day, seven (7) day per week . If the interruption is for an extended period of time, in Tenant's reasonable determination, the Landlord agrees to allow Tenant the right to bring in a temporary source of power for the duration of the interruption. Landlord will fully cooperate with any utility company requesting an casement over, under and across the Property in order for the utility company to provide service to the Tenant. Landlord will not be responsible for interference with, interruption of or failure, beyond the reasonable control of Landlord, of such services to be furnished or supplied by Landlord. 15. DEFAULT AND RIGHT TO CURE. (a) The following will be deemed a default by Tenant and a breach of this Agreement: (i) non- payment of Rent if such Rent remains unpaid for more than thirty (30) days after receipt of written notice from Landlord of such failure to pay; or (ii) Tenant's failure to perform any other term or condition under this Agreement within thirty (30) days after receipt of written notice from Landlord specifying the failure. No such failure, however, will be deemed to exist if Tenant has commenced to cure such default within such period and provided that such efforts are prosecuted to completion with reasonable diligence and within a reasonable timeframe not to exceed an additional fifteen (15) days. Delay in curing a default will be excused if due to causes beyond the reasonable control of Tenant. If Tenant remains in default beyond any applicable cure period, Landlord will have the right to exercise any and all rights and remedies available to it under law and equity. (b) The following will be deemed a default by Landlord and a breach of this Agreement: (i) failure to provide access to the Premises or to cure an interference problem within twenty-four (24) hours after receipt of written notice of such default; or (h) Landlord's failure to perform any term, condition, or breach of any warranty or covenant under this Agreement within thirty (30) days after receipt of written notice from Tenant specifying the failure. No such failure, however, will be deemed to exist if Landlord has commenced to cure the default within such period and provided such efforts are prosecuted to completion with reasonable diligence and within a reasonable timeframe not to exceed an additional fifteen (15) days. Delay in curing a default will be excused if due to causes beyond the reasonable control of Landlord. If Landlord remains in default beyond any applicable cure period, Tenant will have the right to exercise any and all rights available to it under law and equity, including the right to cure Landlord's default and to deduct the costs of such cure from any monies due to Landlord by Tenant. 7/]5/O8 IL063 ]JDT McHenry FAg101297a7 3.1007 Opiian Swawe Lcaze 200J ]6. ASSIGNMENT/SUBLEASE. Tenant may assign this Agreement to its parent or subsidiary or an entity which controls or is controlled by or under common control with Tenant, is merged or consolidated with Tenant, or purchases a majority or controlling interest in the ownership or assets of Tenant, or which acquires all or substantially all of the assets of Tenant. All other assignments shall require the written consent of Landlord, which consent shall not be unreasonably withheld, delayed or conditioned. Upon receipt of consent from Landlord and upon such assignment, Tenant will be relieved of all future performance, liabilities and obligations under this Agreement. I7. NOTICES. (a) All notices, requests, demands and communications hereunder will be given by first class certified or registered mail, return receipt requested, or by a nationally recognized overnight courier, postage prepaid, to be effective when properly sent and received, refused or returned undelivered. Notice will be addressed to the parties as follows: By U.S. Postal Service: AT&T Network Real Estate Administration 5405 Windward Parkway Alpharetta, GA 30009 Re: IL0831/FA410127947 By Overnight Courier: AT&T Network Real Estate Administration Re: Site No. IL0831/FAk10127947 With a copy to: 12555 Cingular Way Alpharetta, GA 30009 AT&T Legal Department ] 5 Midland Ave Paramus, NJ 07652 Attn: Network Counsel Re:IL083I/FA410127947 If to Landlord: City of McHenry 333 South Green Street McHenry, Illinois 60050 Either party hereto may change the place for the giving of notice to it by thirty (30) days written notice to the other as provided herein. (b) In the event of a change in ownership, transfer or sale of the Property, within ten (10) days of such transfer, Landlord will send the below documents (in section 17(b)(i) to Tenant. In the event Tenant does not receive such appropriate documents, Tenant shall not be responsible for any failure to pay the current landlord (i) a. Old deed to Property b. New deed to Property 7115108 1L0837/13T McHenry FAi710129747 s-taor oyvansw=.cte,:c som c. Bill of Sale or Transfer d. Copy of current Tax Bill e. New W-9 f. New Payment Direction Form g. Full contact information for new Landlord including all phone numbers 18. CONDEMNATION. In the event Landlord receives notification of any condemnation proceedings affecting the Property, Landlord will provide notice of the proceeding to Tenant within forty-eight (48) hours. ]f a condemning authority takes all of the Property, or a portion sufficient, in Tenant's sole determination, to render the Premises unsuitable for Tenant, this Agreement will terminate as of the date the title vests in the condemning authority. The parties will each be entitled to pursue their own separate awards in the condemnation proceeds, which for Tenant will include, where applicable, the value of its Communication facility, moving expenses, prepaid Rent, and business dislocation expenses, provided that any award to Tenant will not diminish Landlord's recovery. Tenant will be entitled to reimbursement for any prepaid Rent on a prorata basis. 19. CASUALTY. Landlord will provide notice <o Tenant of any casualty affecting the Property within forty-eight (48) hours of the casualty. If any part of the Communication Facility or Property is damaged by fire or other casualty so as to render the Premises unsuitable, in Tenant's sole determination, then Tenant may terminate this Agreement by providing written notice to the Landlord, which termination will be effective as of the date of such damage or destruction. Upon such termination, Tenant will be entitled to collect all insurance proceeds payable to Tenant on account thereof and to be reimbursed for any prepaid Rent on a prorata basis. If notice of termination is given, or if Landlord or Tenant undertake to rebuild the Communications Facility, Landlord aggress to use its reasonable efforts to permit Tenant to place temporary transmission and reception facilities on the Property at no additional Rent until such time as Tenant is able to activate a replacement transmission facility at another location or the reconstruction of the Communication Facility is completed. 20. WAIVER OF LANDLORD'S LIENS. Landlord waives any and all lien rights it may have, statutory or otherwise, concerning the Communication Facility or any portion thereof. The Communication Facility shall be deemed personal property for purposes of this Agreement, regardless of whether any portion is deemed real or personal property under applicable law, and Landlord consents to Tenant's right to remove all or any portion of the Communication Facility from time to time in Tenant's sole discretion and without Landlord's consent. 21. TAXES. The Property is currently tax-exempt, therefore Tenant shall be responsible for all taxes levied upon Tenant's leasehold improvements (including Tenant's equipment building and tower) on the Premises. Landlord shall provide Tenant with copies of all assessment notices on or including the Premises immediately upon receipt, but in no event later than thirty (30) days after receipt by Landlord. If Landlord fails to provide such notice within such time frame, Landlord shall be responsible for all increases in taxes for the year covered by the assessment. Tenant shall have the right to contest, in good faith, the validity or the amount of any tax or assessment levied against the Premises by such appellate or other proceedings as may be appropriate in the jurisdiction, and may defer payment of such obligations, pay same under protest, or take such other steps as Tenant may deem appropriate. This right shall include the ability to institute any legal, regulatory or informal action in the name of Landlord, Tenant, or both, with respect to the valuation of the Premises. Landlord shall cooperate in the institution and prosecution of any such proceedings and will execute any documents required therefore. The expense of any such proceedings shall be borne by Tenant and any refunds or rebates secured as a result of Tenant's action shall belong to Tenant, to vls�o� IL0831/DT McHenry FA:11ot29747 8-160] Option Swcare Leax 200] 22. SALE OF PROPERTYMGHT OF FIRST REFUSAL. (a) If Landlord, at any time during the Term of this Agreement, decides to sell, subdivide or rezone any of the Premises, all or any part of the Property or Surrounding Property, to a purchaser other than Tenant, Landlord shall promptly notify Tenant in writing, and such sale, subdivision or rezoning shall be subject to this Agreement and Tenant's rights hereunder. Landlord agrees not to sell, lease or use any areas of the Property or Surrounding Property for the installation, operation or maintenance of other wireless communications facilities if such installation, operation or maintenance would interfere with Tenant's Permitted Use or communications equipment as determined by radio propagation tests performed by Tenant in its sole discretion, any such testing to be at the expense of Landlord or Landlord's prospective purchaser, and not Tenant. If the radio frequency propagation tests demonstrate levels of interference unacceptable to Tenant, Landlord shall be prohibited from selling, leasing or using any areas of the Property or the Surrounding Property for purposes of any installation, operation or maintenance of any other wireless communications facility or equipment. Landlord shall not be prohibited from the selling, leasing or use of any of the Property or the Surrounding Property for non -wireless communication use. In the event the Property is transferred, the new landlord shall have a duty at the time of such transfer to provide Tenant with a completed IRS Form W-9, or its equivalent, and other related paper work to effect a transfer in Rent to the new landlord. The provisions of this Paragraph 22 shall in no way limit or impair the obligations of Landlord under Paragraph 8 above. (b) If at any time after the Effective Date, Landlord receives a bona fide written offer from a third party seeking an assignment of the rental stream associated with this Agreement ("Purchase Offer"), Landlord shall immediately furnish Tenant with a copy of the Purchase Offer, together with a representation that the Purchase Offer is valid, genuine and true in all respects. Tenant shall have the right within thirty (30) days after it receives such copy and representation to match the Purchase Offer and agree in writing to match the temis of the Purchase Offer. Such writing shall be in the form of a contract substantially similar to the Purchase Offer. If Tenant chooses not to exercise this right of first refusal or fails to provide written notice to Landlord within the thirty (30) day period, Landlord may assign the rental stream pursuant to the Purchase Offer, subject to the terns of this Agreement (including without limitation the terms of this Paragraph 22, to the person or entity that made the Purchase Offer provided that (i) the assignment is on the same terms contained in the Purchase Offer and (ii) the assignment occurs within ninety (90) days of Tenant's receipt of a copy of the Purchase Offer. If such third party modifies the Purchase Offer or the assignment does not occur within such ninety (90) day period, Landlord shall re -offer to Tenant, pursuant to the procedure set forth in this Subparagraph 22(b), the assignment on the terms set forth in the Purchase Offer, as amended. The right of first refusal hereunder shall (i) survive any transfer of all or any part of the Property or assignment of all or any part of the Agreement; (ii) bind and inure to the benefit of, Landlord and Tenant and their respective heirs, successors and assigns; (iii) run with the land; and (iv) terminate upon the expiration or earlier termination of this Agreement. 23. MISCELLANEOUS. (a) Amendment/Waiver. This Agreement cannot be amended, modified or revised unless done in writing and signed by an authorized agent of the Landlord and an authorized agent of the Tenant. No provision may be waived except in a writing signed by both parties. (b) Memorandum/Short Form Lease. Either party will, at any time upon fifteen (15) business days prior written notice from the other, execute, acknowledge and deliver to the other a recordable Memorandum or Short Form of Lease. Either party may record this Memorandum or Short Form of Lease at any time, in its absolute discretion, provided however that Tenant shall record a termination of of any such memorandum upon the termination of the Lease.(c) Bind and Benefit. The terms and conditions contained in this Agreement will run with the Property and bind and inure to the benefit of the parties, their respective heirs, executors, administrators, successors and assigns. n 7!]5lO8 IL083I/DT McHenry FA#]0129747 840.0 Option Swnure rcarc 30p] (d) Entire Agreement. This Agreement and the exhibits attached hereto, all being a part hereof, constitute the entire agreement of the parties hereto and will supersede all prior offers, negotiations and agreements with respect to the subject matter of this Agreement. (e) Governing Law. This Agreement will be governed by the laws of the state in which the Premises are located, without regard to conflicts of law. (f) Interpretation. Unless otherwise specified, the following rules of construction and interpretation apply: (i) captions are for convenience and reference only and in no way define or limit the construction of the terms and conditions hereof; (ii) use of the tern "including" will be interpreted to mean "including but not limited to"; (iii) whenever a parry's consent is required under this Agreement, except as otherwise stated in the Agreement or as same may be duplicative, such consent will not be unreasonably withheld, conditioned or delayed; (iv) exhibits are an integral part of the Agreement and are incorporated by reference into this Agreement; (v) use of the terms "termination" or "expiration" are interchangeable; (vi) reference to a default will take into consideration any applicable notice, grace and cure periods; and (vii) to the extent there is any issue with respect to any alleged, perceived or actual ambiguity in this Agreement, the ambiguity shall not be resolved on the basis of who drafted the Agreement. (g) Estoppel. Either party will, at any time upon twenty (20) business days prior written notice from the other, execute, acknowledge and deliver to the other a statement in writing (i) certifying that this Agreement is unmodified and in full force and effect (or, if modified, stating the nature of such modification and certifying this Agreement, as so modified, is in full force and effect) and the date to which the Rent and other charges are paid in advance, if any, and (h) acknowledging that there are not, to such party's knowledge, any uncured defaults on the part of the other party hereunder, or specifying such defaults if any are claimed. Any such statement may be conclusively relied upon by any prospective purchaser or encumbrance of the ,y Premises. The requested parry's failure to deliver such a statement within such time will be conclusively relied upon by the requesting party that (i) this Agreement is in full force and effect, without modification except as may be properly represented by the requesting party, (ii) there are no uncured defaults in either parry's performance, and (iii) no more than one month's Rent has been paid in advance. (h) W-9. Landlord agrees to provide Tenant with a completed IRS Form W-9, or its equivalent, upon execution of this Agreement and at such other times as may be reasonably requested by Tenant. (i) No Electronic Signature/No Option. The submission of this Agreement to any party for examination or consideration does not constitute an offer, reservation of or option for the Premises based on the terms set forth herein. This Agreement will become effective as an Agreement only upon the handwritten legal execution, acknowledgment and delivery hereof by Landlord and Tenant. 0) Severability If any term or condition of this Agreement is found unenforceable, the remaining terms and conditions will remain binding upon the parties as though said unenforceable provision were not contained herein. However, if the invalid, illegal or unenforceable provision materially affects this Agreement then the Agreement may be terminated by either party on ten (10) business days prior written notice to the other party hereto. (k) Counterparts. This Agreement may be executed in two (2) or more counterparts, all of which shall be considered on and the same agreement and shall become effective when one or more counterparts have been signed by each of the parties. It being understood that all parties need not sign the same counterpart. [SIGNATURES APPEAR ON THE NEXT PAGE] iz 7nvos i108317D7 McHenry FAt{10129747 H-10.0] oPaonstc,aUmw:e zoor TENANT ACKNOWLEDGMENT STATE OF _ J Ai p I S ) ) ss: COUNTY OF I Jl L�t, ) On the 25ftday of 7Smy, 2008, before me personally appeared Warren Salek, and acknowledged under oath that he is the Executiv6 Director -Network of AT&T Mobility Corporation, the Manager of New Cingular Wireless PCS, LLC, the limited liability company named in the attached instrument, and as such was authorized to execute this instrument on behalf of the corporation as manager of the limited liability company. A q *nth oRYAN R 1AZ11NA OFFICN MY COMMISSION MM5 — �.SEALgip" AVRa14,2012 Notan, lblic: J le. Ulm "E do M1 My Commission Expires: C-/rhZo/Z �11 Y t ► .6[YS5�I110lZHu10h`YY CORPORATE ACKNOWLEDGMENT STATE OF y�-t � 0 i•-s ) ss: COUNTY OF IK cA `2. P y ) I CERTIFY that on � 6 ufi a� 2008, .SGrJ frN E. Wt-�1 [name of representative] personally came before me and acknowledged under oath that he or she: (a) is the [title] of the City of McHenry the corporation named in the attached instrument, was authorized to execute this instrument on behalf of the corporation and executed the instrument as the act of the corporation. Notary Public: of l "vi My Commission Expires: � 0 .1--- i F:\'llll.Fl:� �t F;l'\ZPIL G,Ctn I u. MyCo:nnu..nn kqure, _b.;N: 7/15/091 IL0831/DT McHemyl [FA410129747 B-t0.0] Optim SwcoucLux 1W] IN WITNESS WHEREOF, the parties have caused this Agreement to be effective as of the last date written below. WITNESSES: i na./ Print Name: P+�t C C Od/f,i Print N ame: Andrew Vr� Print Name: Print Name: "LANDLORD" Citv of McHenry. an Illinois municipal corooration PrintN e: �J eOO JE L OLO Its: 771 A-VO P- Date: "6gst 6, JoOy "TENANT" New Cingular Wireless PCS, LLC, By: AT&T Mobility Corporation lts: Manager By: U� Print Name: Warren Salek Its: Executive Director -Network Date: i —ZS .2008 [ACKNOWLEDGMENTS APPEAR ON THE NEXT PAGE] 13 7/ts7oal IL0831/DT McHenry] [FA#10129747 eao-m Option So-ucarcLecsc ioo] 1 ■ 1 WBCEREAS, the City of McHenry (Property Owner) and New Cingular Wireless PCS, .,LC (Tenant), a Delaware limited liability company, having a mailing address of 12555 Cingular Way, Suite 1300, Alpharetta, GA 3004 entered into and Option and Structure Lease Agreement dated August 26, 2008, for the City of McHenry property located at 4225 Sioux lane, McHenry Illinois; and WHEREAS, both the Property Owner and the Tenant agree that the #erms of the Agreement shall be amended by approving the First Amendment to the Option and Structure Lease Agreement hereby attached as Exhibit A. IaTQW, THERET®RE, BE IT URDAINEI) BY THE `CITY COUNCIL GF TEE CITY OF MCHENRY, MCHENRY COUNTY, as follows: SECTION' 1: That the First Amendment to the Option and Structure Lease Agreement between the City of McHenry and New Cingular Wireless PCS, LLC dated August 26, 2008 be and is hereby authorized.. SECTION 2: All ordinances ar parts thereof in conflict are hereby repealed to the extend of such conflict. SECTION 3: This ordinance shall be published in pamphlet £orm by and under the authority of the corporate authorities of the City of McHenry, McHenry County, Illinois. SECTION 4; This ordinance shall be in full force and effect upon its passage, approval and publication in pamphlet form as provided by law. Voting Aye: ISANTI, OLAB, SCHAEFER, MURGATROYD, IIIMMER, PETERSON3 GONDOLA Voting Nay: NONE Not Voting: NONE Abstaining: NONE Absent: NONE Passed and approved this ATTEST: 16TH day of MARCH APPROVED; --- Mayor 20Q9. Cell Site No.: ILO631 Cell Site Name: Downtotivn McHenry Fixed Asset No, 10127947 Market: ILn I Site Address: 4225 Sioux Lane, McHenry, Il 60050 FIRST AMENDMENT TO OPTION AND STRUCTURE LEASE AGREEMENT THIS FIRST AMENDMENT TO OPTION AND STRUCTURE LEASE AGREEMENT ("Amendment"}, dated as of the latter of the signature dates below, is by and between City of McHenry, an Illinois municipal corporation, having a mailing address of 333 South Green Street, McHenry, Illinois 60050 (hereinafter referred to as "Landlord") and New Cingular Wireless ?CS, LLC, a Delaware limited liability company, having a mailing address of 12555 Cingular Way, Suite 1300, Alpharetta, GA 30004 (hereinafter referred to as "Tenant"). WHEREAS, Landlord and Tenant en#eyed into an Option and Structure Lease Agreement dated August 26, 2008, whereby Landlord leased to Tenant certain Premises, therein described, #hat are a portion of the Property located at 4225 Sioux Lane, McHenry, Illinois 60050 ("Agreement"), and WHEREAS, Tenant desires to commence construction at the Premises, and WHEREAS, Landlord desires that Tenant provide a surety bond to ensure that the Premises are restored to the original condition; and WHEREAS, Landlord and Tenant, in their mutual interest, wish to amend the Agreement as out forth below accordingly. NOW THEREFORE, in consideration of the foregoing and other good and valuable consideration, the receipt and suff ciency of which are hereby acknowledged, Landlord and Tenant agree as follows; 1. The following is hereby added to Section 4, Rent, of the Agreement: "(d) Prior to the commencement of construction of the Communication Facility, Tenant shall furnish to Landlord a corporate surety bond or such other acceptable surety issued by a surety company licensed to transact business in the State of Illinois, in a sum not less than Twenty -Five Thousand and No1100 Dollars ($25,000.00) for the removal of the Communication Facility upon the termination of the Agreement, as required by Section 13, Removal/Restoration, of the Agreement., Such bond shall guarantee prompt and faithful performance of such removal and shall protect and indemnify the Landlord from any liability, losses or damages arising therefrom. Within thirty (30) days of the receipt of the surety bond, Landlord shall allow Tenant to commence construction of the Communication Facility." ILOS)]/Dowr�wnn 1titrHenr,•/FA#1O129747 IN WITNESS WHEREOF, the parties have caused this Agreement to be effective as of the last date written below. W 1TNESS ES: "LANDL(3RD" t City of McHenry, Print Name: V.011e A) an Illinois municipal corpora on By: t Print Name: Print Dame: t7sL!-N � LoW its: YVlA V O Date: L - a co - Q 4GTENANT" New Cingular Wireless PCS, LLC, By; AT&T Mobility Corporation Its; Manager Y0 Name: Warren Salek Title: Executive Director -Network Date• - 0' [ACKNOWLEDGMENTS APPEAR ON THE NEXT PAGE] Kj lL0331/bownlo�tin AfcllenrylFA#10329747 TENANT ACKNOWLEDGMENT ss: COUNTY OF On the day of 200 ,before me personally appeared Warren Salek, and acknowledged under oath that he is the Executive Director"Network of AT&T Mobility Corporation, the Manager of New Cingular Wireless PCS, LLC, a Delaware limited liability company, the limited liability company named in the attached instrument, and as such was authorized to execute this instrument on behalf of the limited liability company, Notary Public: _ My Commission LANDLORD ACKNOWLEDGMENT CORPORATE ACKNOWLEDGMENT STATE OF �•(�-� ss: COUNTY OF Exp M�t 11 l CERTIFY that on � 200� ��•� � l�t,� [name of representative] personally came before me and acknowledged under oath th t he or she: (a) is the nA� &Y0 1[` [title] of [name of corporation], the corporation named in the attached instrument, (b) was authorized to execute this instrument on behalf of the corporation and (c) executed the instrument as the act of the corporation. � "�•� lt.l 1l. ��iALsl, f ; ;lIl.l:l*A WNl Ni VX/Ui4 'No :r} 11 .100-,, itslC r+i Illinois dyConlnl:.F:,::l- 1:�9/201 �m Notary Public: My Commission Expires: T[.0831/Doµntoti}n 6ScHonry•!['A�10124147 ORDINANCE NO.ORD-11-1564 AN ORDINANCE AUTHORIZING EXECUTION OF A SECOND AMENDMENT TO AN OPTION AND STRUCTURE LEASE AGREEMENT BETWEEN THE CITY OF MCHENRY AND NEW CINGULAR WIRELESS LLC FOR A PORTION OF PROPERTY LOCATED AT 4225 SIOUX LANE, IN THE CITY OF MCHENRY, MCHENRY COUNTY, ILLINOIS WHEREAS, the Clty of McHenry hereinafter "City", McHenry County, Illinois, is a ionic rule municipality as contemplated under Article VII, Section 6, of the Constitution of the State of Illinois, and the passage of this Ordinance constitutes an exercise of the City's home rule powers and functions as granted in the Constitution of the State of Illinois; and WHEREAS, the Ci#y of McHenry is the owner and lessor and New Cingular Wireless LLC is the tenant and lessee of property located at 4225 Sioux Lane. legally described on attached Exhibit "A" NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MCHENRY, MCHENRY COUNTY, ILLINOIS AS FOLLOWS: SECTION is The Second Amendment to Option and Structure Lease Agreement, bearing the date of November 7, 2011, between the City of McHenry, an Illinois municipal corporation, ("Landlord") and New Cingular Wireless PCs, LLC, a Delaware limited liability company ("Tenant") be and the same is hereby approved. A complete and accurate copy of said agreement is attached to this ordinance and incorporated herein by reference. SECTION 2: The Mayor and City Clerk axe hereby authorized to affix their signatures as Mayor and City Clerk to said lease agreement for the uses and purposes therein set forth. SECTION 3: All Ordinances or pans thexeof in conflict with the terms and provisions hereof are hereby repealed to the extent of such conflict. SECTION 4: This Ordinance shall be published in pamphlet form by and under the authority of the corporate authorities of the City of McHenry, McHenry County, Illinois, SECTION 5: This Ordinance shall be in full force and effect: from and after its passage, approval, and publication in pamphlet form as provided" y law. PASSED AND APPROVED THIS r DAY OF NOVENIBER, 2Zuu Voting Aye: Santi, Glab, Schaefer, Blake, Wifnmer, Peterson, Candon.� Voting Nay: None. Not Voting: None. Abstaining: None. Absent: None. Susan E. Low Mayor ATTEST: Mar%et: Central-lt/WI Cell Si 9 Number: IL0831 Cell Site Name: Downtown McHenry Fixed Asset Number. 10127947 SECOND AMENDMENT TO OPTION AND STRUCTURE LEASE AGREEMENT THIS SECOND AMENDMENT TO OPTION AND STRUCTURE LEASE AGREEMENT ("Second Amendment"), is made effective as of November 1, 2011 by and between the City of McHenry, an Illinois municipal corporation, having a mailing address of 333 South Green Street, McHenry, illinols 60050 ("Landlord") and New Cingular Wireless PCS, LLC, a Delaware limited liability company, having a mailing address of 12555 Cingular Way, Suite 1300, Alpharetta, GA 30004 ("Tenant'.'). WHEREAS, Landlord and Tenant entered into an Option And Structure Lease Agreement dated August 26, 2008 and First Amendment thereto dated May 18, 2009 (collectively "Agreement") whereby Landlord leased to Tenant certain Premises, therein described, that are a portion of the property located at 4225 Sioux Lane, McHenry, Illinois 60050 ("Property"); and WHEREAS, Land[ard and Tenant desire to amend the Agreement to increase the size of the Premises; and - WHEREAS, Landlord and Tenant desire to adjust the rent in conjunction with the modifications to the Agreement contained herein; and WHEREAS, Landlord and Tenant, in their mutual interest, wish to amend the Agreement as set forth below accordingly. NOW THEREFORE, in consideration of the foregoing and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Landlord and Tenant agree as follows: 1. Lease of Premises. Landlord agrees to increase the size of the Premises leased to Tenant in order to accommodate Tenant's expansion needs. As specified below, Landlord leases to Tenant the Premises as more completely described on the attached Exhibit 1-A, which supplements Exhibit 1 to the Agreement: A. Landlord hereby leases to Tenant, and the defined term "Premises" hereafter includes, approximately sixty-three (63) additional square feet of ground space on the Property ("2010 Expansion B. Effective as of the start of construction for installation of Tenant's generator, Landlord leases io Tenant, and the defined term "Premises" thereafter includes, approximately fifty- nine (59) additional square feet of ground space on the Property ("Generator Expansion"). 1 Market: central-[L/wi Cell Site Number: I1,0831 Cell Site Name: Downtown McHenry fixed Asset Number: 10127947 2. Rent. A. Back Rent, in consideration of Tenant's 2010 Expansion, Tenant shall pay a lump sum amount of back Rent to Landlord for the period December 1, 2010 through October 31, 2011 in the amount of Six Thousand Two Hundred Thirty -One and 17/100 Dollars ($6,231.17), payable within thirty (30) days of execution of this Second Amendment. B. 2010 Expansion. In consideration of Tenant's 2010 Expansion, Rent shad be increased to a total of Two Thousand Three Hundred Seventy and 00/100 Dollars ($2,370.00) per month commencing on November 1, 2011, subject to further adjustments as provided in the Agreement. C. Generator Expansion. Commencing on the first day of the month following the date that Tenant commences construction for installation of its generator, Rent shall be further increased to a total of Two Thousand Nine 'Hundred and 50/100 Dollars ($2,900.50) per month, subject to further adjustments as provided in the Agreement. If Tenant vacates any part of the Additional Premises specified in this"Second Amendment, then upon thirty (30) days' prior written notice to Landlord Rent shall decrease in conjunction therewith by a proportional amount according to what is then charged, subject to further adjustments as provided in the Agreement. Any part of the Additional Premises so vacated will be restored by Tenant within one hundred twenty (120) days of notice thereof and as otherwise required by Section 13 of the Agreement. 3. Memorandum of Lease. Either party will, at any time upon fifteen (15) days prior written notice from the other, execute, acknowledge and deliver to the other a recordable memorandum of lease substantially in the form of Attachment 1 hereto. Either party may record such memorandum at any time, in its absolute discretion. 4. Other Terms and Conditions Remain. In the event of any inconsistencies between the Agreement and this Second Amendment, the terms of this Second Amendment shall control. Except as expressly set forth In this Second Amendment, the Agreement otherwise is unmodified and remains in full force and effect. Each reference in the Agreement to itself shall be deemed also to refer to this Second Amendment, 5. Capitalized Terms. All capitalized terms used but not defined herein shall have the same meanings as defined in the Agreement. 1N WITNESS WHEREOF, the parties have caused their properly authorized representatives to I execute this Second Amendment as follows: (signature page follows) 2 Market Cantra!•IL/WI Cell Site Number: Cell Site Name: Fixed Asset Number: IL0831 Downtown McHenry 10127947 LANDLORD City of McHenry By: Name: �USA lnl 1~„ � t� Title: Date: STATE OF �t�-d N D IS ) SS: COUNTY OF, j'V1C6 eAJ R4 ) I, the undersigned, a Notary Public in and for the State of Wisconsin, hereby certify that rhAVDL - _ of the City of McHenry, known to me to be the same person who signed the foregoing agreement, personally appeared before me this day and acknowledged that, pursuant to.,_his authority, he signed said agreement as his free and voluntary act of said entity, for the uses and purposes therein stated. Witness my hand and official seal the / Ott1 day of, C)t7e�'r�i� ,2011. AlIffallor a,�aao a.av s�pywo0yys. ��++ I ci�� 41�l1 ►9L' ,1 I DD K11k1H1.WiGnL74 M 1lCUNZO;R Notary Public, State of Illinois My Commission Expires 04/291201 TENANT New Cingular Wireless PCS, LLC By: AT&T Mobility Corporation ©ate: STATE OF ILLINOIS COUNTY OF COOK �� ST�t{Cld (2�/s-2o1I 1, the undersigned, a Notary Public in �nd fo�r�� the State of Illinois, hereby certify that ,. met, Construction and Real Estate Ag;- LL7% I of AT&T Mobility Corporation, Manager of New Cingular Wireless PCS, LLC, known to me to be the same person who signed the foregoing agreement, personally appeared before me this day and acknowledged that, pursuant to his authority, he signed said agreement as his free anA voluntary act of said entity, for the uses and purposes therein stated. Witne my hand and official seat the •%Izz day of _ , 2011. KiMl3��l.Y A COL�NIAN N©7ARY PUBLIC. STATE Vr $66iPJOiS !Al' COMMISSION EXPIRE8:(14M15 �3 Market: Central-IL/Wl Cell Site Number: IL0831 Cell Site Name: Downtown McHenry Fixed Asset Number: 10127947 EXHIBIT 1.-A ;z � j4b j �•� f+ z a � �_l�'F^Jn •>fi�%A� 3's, ''��c+ � � �� ^' `Ei;t I� .\'i' :-L.a -4 •>9 ism 11 .lEi• .y w? �01 vc j'{, :. a 3 <S'r$ 3f CIE •{ ' Cz m' (+11 r ,,)�.,144 j71� `-1 I'� _ yiV T ? m '��.4�£�._:I:( s - m ,: IV Notes: 1. THIS EXH38lT MAY 8E REPLACED 13YA LAND SURVEY AND/OR CONSTRUCTION DRAWINGS OF THE PREMISES ONCE RECEIVED By TENANT* 2. 7HETYPE, NUMBER AND MOUNTING POSITIONS AND LOCATIONS OF ANTENNAS AND TRANSMISSION LINES ARE ILLUSTRATIVE ONLY. ACTUALTYPES, NUMBERS AND MOUNTING POSITIONS MAY VARY FROM WHAT 15 SHOWN ABOVE. Market: Central-il./W1 Cell Site Number: Cell Site Name: Fixed Asset Number: I L0831 Downtown McHenry 10127947 ATTACHMENT A MEMORANDUM OF LEASE Prepared by and 1 %AI _ta; Lisa Castello AT&T Mobility 930 National Pkwy, 4th Flo Schaumburg, IL 60173 MEMORANDUM OF LEASE This Memorandum of Lease is entered into on November 1, 2011, by and between the City of McHenry, an Illinois municipal corporation, having a mailing address of 333 South Green Street, McHenry, Illinois 60050 ("Landlord") and New Cingular Wireless PCS, LLC, a Delaware limited liability company, having a mailing address of 12555 Cingular Way, Suite 1300, Alpharetta, GA 30004 ("Tenant"). 1. Landlord and Tenant entered into a certain Option And Structure Lease Agreement dated August 26, 2008, First Amendment thereto dated May 18, 2009, and Second Amendment thereto dated November 1, 2011 (collectively "Agreement") for the purpose of installing, operating and maintaining a :communications facility and other improvements as set forth therein. 2. The initial lease term will be five (5} years ("Initial Term"} commencing on the Effective Date of the Agreement, with four (4) successive, automatic five (5) year renewals. 3. The portion of the Property being leased to Tenant ("Premises"} is described in part in Exhibit 1 annexed hereto. 4. - All capitalized terms used but not defined herein shall have the same meanings as defined in the Agreement. 5. This Memorandum of Lease is not intended to amend or modify, and shall not be deemed or construed as amending or modifying, any of the terms, conditions or provisions of the Agreement, all of which are hereby ratified and affirmed. In the event of a conflict between the. provisions of this Memorandum of Lease and the provisions of the Agreement, the provisions of the Agreement shall control. The Agreement shall be binding upon and inure to the benefit of the parties and their respective heirs, successors, and assigns, subject to the provisions of the Agreement. (signature page follows) Page 1 of 3 Market: Central-IL/VA Cell Site Number: Cell Site Names Fixed Asset Number: Do IL0831 wntown McHenry 10127947 IN WITNESS WHEREOF, the parties have executed this Memorandum of Lease as of the day and year first above written. LANDLORD City of McHenry By: t _ Name: �Cls t� �.Lo W Title: JAV 4 (2w- Date: STATE OF _ U� 1) 0 ) t } SS: COUNTY OF 10 _ } 1, the undersigned, a Notary Public in and for the State of Wisconsin, hereby certify that of the City,flf McHenry, .known to me to be the same person who signed the foregoing agreement, personally appeared before me this day and acknowledged that, pursuant to his authority, he signed said agreement as his free and voluntary act of said entity, for the uses and purposes therein stated. Witness my hand and official day of (� V�C 2 M U&e t" 2011. qot4y Public ALI 9 KATHN M KUNZER Notary Public. star es 01129120t My Commission Exp' TENANT New angular Wireless PCS, LLC AT&T Mobility Corporatio�;t Manager � , STATE OF ILLINOIS ) SS: COUNTY OF COOK } I, the undersigned, a Notary Public in o �� the state of Illinois, hereby certify t 11 � . Construction and Real Estate MJWW of AT&T Mobility Corporation, Manager of New Cingular Wireless PCS, LLC, known to me to be the same person who signed .the foregoing agreement, personally appeared before me this daI and acknowledged that, pursuant to his authority, he signed said agreement as his free and voluntary act of said entity, for the uses and purposes therein stated. Witness my hand and official seal the day of , AkA �(c 2Q11. Page Z of 3 Market: Central-IL/Wi Cell Site Number: Cell Site Name: Fixed Asset Number: IL0831 Downtown McHenry 10127947 DESCRIPTION OF PREMISES Description of Premises to the Memorandum of Lease dated 1Vove111be1 y and between the City of McHenry, an Illinois municipal corporation, as Landlord, and New Cingular Wireless PCS LLC, a Delaware limited liability company, as Tenant, with regard to the Property known as. Common address; 4225 Sioux Lane, McHenry, IL 60050 PIN: 09-34-279-001, 002, 003, & 004 Legal description: The North 41.0 feet of Lat 45, and all of Lots 4b, 47 and 48 in Cooney Heights Third Addition to McHenry, a Sub- division of part of the Northeast Quarter of Section 34, Township 45 North, Range 8 East of the Third Principal Meridian, according to the Plat thereof recorded May 10, 1955 as Document No. 292379 in Book 12 of Plats, page 23, in McHenry County, Illinois. The Premises include, but are not limited to, the Equipment Space, which is described as follows: A portion of the Property consisting of: - (i) approximately 200 square feet (10' x 20'} of ground space for the placement of Tenant's radio cabinets, plus the airspace above such spaces; (i1) space for any structural steel or other improvements to support Tenant's equipment; {i11) an additional approximately 63 square feet of ground space for the placement of Tenant's radio cabinets, plus the airspace above such spaces; and (iv) an additional approximately 59 square feet of ground space for the placement of Tenant's generator, plus the airspace above such space. Page 3 of 3 This Site Agreement ("Agreement") entered into this 0 day of ("Commencement Date") by and between the City of McHenry ("Owner"), 333 S. sGreen Street, McHenry, Illinois, 60050, in the County of McHenry and VoiceStream GSM I Operating Company, LLC d/b/a/ T-Mobile Inc. ("T-Mobile"), whose address is 8550 West Bryn Mawr, Chicago, Illinois, 60631, provides for the granting and leasing of certain property interests on the following terms: For good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereto agree as follows: 1. PROPERTY. The owner hereby leases to T-Mobile space on the Owner's water tower ("Tower") located near the intersection of Lillian Street and Sioux Lane within the City of McHenry for the installation of T-Mobile's wireless telecommunications equipment, including antennas and necessary ancillary facilities ("Communications Facility") and Owner grants real property adjacent to the Tower for access for ingress and egress to the Communications Facility and to utility lines to the extent said lease and license are depicted on the Site Plan and Building Plans attached hereto and incorporated herein as Exhibit A, ("Premises"). The Tower and surrounding real property are legally described in Exhibit B, attached hereto and made a part hereof. Within a reasonable time and after completion of the installation of the Communications Facility, or any part thereof, upon the Tower, Owner shall perform an inspection of the Tower and notify T-Mobile in writing of any alleged damage resulting from such installation. In such event, T-Mobile agrees to meet with the Owner within 30 days of receipt of said written notice to evaluate such claim and the parties agree too diligently work to determine a course of action satisfactory to both parties. 2. TERM. The initial term of this Agreement shall be five years, cornmencing on the date this Agreement was executed, which is the Commencement Date and terminating on the last day before the fifth annual anniversary of the Commencement Date (the "Term"), unless otherwise terminated as provided hereinafter. This Agreement shall automatically be extended for four successive five-year terms (the "Renewal Terms") on the same terms and conditions as set forth herein, unless T-Mobile notifies the Owner in writing of its intent not to renew prior to commencement of the succeeding Renewal Team. 3. RENT. Beginning on the Commencement Date of this Agreement, T-Mobile shall pay an annual rental fee of $18,000.00 to the Owner; said rental fee shall increase by three percent each year on the anniversary of the commencement date. The Rental fee schedule is attached hereto as Exhibit C. 4. USE. T-Mobile shall have 24hours a day, 7 days a week access to the premises at all times during the Term of this Agreement and any Renewal Term for the purposes of installing, repairing, removing, replacing, maintaining and operating a Communications Facility in accordance with the Site Plan and Building Plans depicted on Exhibit A. T- Mobile shall endeavor to perform routine maintenance on the Communications Facility between the hours of 9:00 A.M. and 5:00 P.M., Monday — Friday, "(Business Hours") and shall give Owner twenty-four (24) hours advance notice. Routine maintenance, which cannot reasonably be performed during business hours, may be performed outside Business Hours by providing Owner with twenty-four (24) hours advance notice. Emergency Access, which for the purpose of this section 4 shall be defined as any time T-Mobile's Communications Facility becomes partially or fully inoperable, shall be granted, immediately, upon T-Mobile's notice to Owner. Notice for purposes of Access shall be given to Owner at the following number. (815) 363=2200. City must be contacted at least 24 hours before T-Mobile disconnects them from their current location and interrupts service for the Police Department. T-Mobile, its agents and contractors, are also granted the right to enter upon the Premises and conduct such studies, at T-Mobile's expense, as T-Mobile deems necessary to determine the Premises' suitability for T-Mobile's Communications Facility. These studies may include, but not be limited to, surveys, soil tests, environmental assessments and radio wave propagation measurements. Owner shall provide T-Mobile with specifications, plans and information with respect to the Tower and the Premises so long as the specifications, plans and information exist and are readily available to the owner. T-Mobile shall deliver to Owner all plans and specifications for the Communications Facility for Owner's review and approval. Owner shall have a reasonable time not to exceed 30 days after receipt of the plans and specifications in which to perform its review and provide written approval or comments to T-Mobile, unless additional documentation or additional information is needed by Owner, in which case, the 30 day period will be extended. Owner's approval of the proposed location of the Communications Facility on the Premises as shown on Exhibit A, attached hereto. Additionally, Owner hereby grants a license to T-Mobile, its successors, licensees and assigns, for so long as T-Mobiles Communications Facility, is located on the Premises, a nonwexclusive Construction License in, on, along through and across that portion of Owners Property adjacent to the Premises (the "Construction License") in that area that is within the fenced -in area of the Premises as indicated on Exhibit A, as reasonably necessary for the purpose of operating, maintaining, repairing, relocating, replacing and removing the Communications Facility ("Work"). Owner also hereby grants and conveys to T-Mobile, its successors licensees and assigns, to the extent reasonably necessary for T-Mobile's performance of the initial installation of the Communications Facility, the temporary right and privilege to store materials, tools, machinery, equipment and excavated soil ("Material") required for the initial installation for up to 60 days from the date installation begins. In addition, T-Mobile may store materials needed for painting or for conducting major repairs once a year (unless otherwise approved by the City Public Works Director), for up to 60 days from the date said painting or major repair begins. Said 60 days may be extended upon approval of the Village Public Works Director. Notwithstanding the foregoing, Owner expressly reserves to itself, its lessees licensees, grantees, successors and assigns, the right to use the Construction License area, so long as such use does not obstruct or interfere with the license rights granted to T- Mobile herein. T-Mobile agrees to restore, at its sole cost and expense, the Construction License to its former condition or better after each use by T-Mobile of the Construction License area. Furthermore, the parties hereto agree that upon the termination of the License Agreement, the Construction License granted and conveyed herein, shall cease and terminate. 5. CO•LOCATION. Owner shall be permitted to enter into agreements with and allow other wireless telecommunications providers to locate Communication Facilities on the Tower so long as the other providers will not unreasonably interfere with T-Mobile's installation or broadcast. 6. TAXES. T-Mobile shall pay all personal property taxes assessed against the Communications Facility. 7. UTILITIES. All cost and expense directly associated with utility and other services to the Communications Facility shall be T-Mobile's responsibility. Owner agrees to cooperate with T-Mobile in its efforts to obtain utilities from any location provided by Owner or the servicing utility. T-Mobile shall cause all its utilities to be either separately metered or sub -metered. 8. PERSONAL PROPERTY AND REMOVAL OF.COMMUNfCAT1ONS FACfLITY. T- Mobile agrees to remove its Communications Facility from the Premises upon the expiration or termination of this Agreement. T-Mobile also agrees that the Premises shall be restored, reasonable wear and tear excepted, and except for loss by casualty or other cause beyond T-Mobiles control, within 30 days of the expiration or termination of this Agreement. The Communications Facility shall remain the personal property of T- Mobile and shall not be deemed to be permanently attached or affixed to the Premises. The Communications Facility shall be the sole responsibility of T-Mobile. 9. INSURANCE. T-Mobile shall procure and maintain, at its sole cost during the term of this Agreement, commercial general liability insurance insuring T-Mobile and Owner against liability for personal injury, death or damage to personal property arising out of the use of the Premises by T-Mobile. Such insurance shall provide coverage in an amount not less than $5,000,000.00 for bodily injury to one or more persons and in an amount of not less than $5,000,000.00 for property damage. Owner shall be added to the policy as an additional I insured. All such insurance coverage shall be evidenced by a Certificate of Insurance which provides that the Owner shall receive at least 30 days prior written notice of any cancellation or alteration of policies of insurance referenced in such certificate. T-Mobile reserves the right to satisfy the insurance requirements herein through self insurance so long as T-Mobile has reserves which are actuarially established in an amount to cover the required $5,000,000.00 coverage. T-Mobile shall provide a copy of the insurance policy to owner prior to execution of this document. 10. INDEMNITY. T-Mobile agrees to defend, indemnify and hold Owner harmless from any and all costs (including reasonable attorneys' fees) and claims of liability or loss which directly or indirectly arises out of T-Mobiles occupancy of the Premises, or its use, installation or maintenance of the Communications Facility, excepting the negligent acts, omissions, or willful misconduct of Owner or Owner's employees or agents. 11. CONDITION OF PROPERTY, COMPLIANCE WITH LAW. Owner represents that Owner's Property (including, without limitation, the location for the Communications Facility) and all improvements thereto, are in and shall remain in compliance with all applicable building, life safety, disability and other laws, ordinances, rules and regulations of any governmental or quasi -governmental authority. T-Mobile agrees that, subject to Owner's compliance with the terms of this paragraph, any improvements constructed by T-Mobile on the Premises and all of the operations of T-Mobile within the 3 Premises shall be in compliance with all applicable laws, ordinances, rules and regulations. 12. TERMINATION. This Agreement may be terminated by T-Mobile at any time, in its sole discretion, by giving written notice thereof to Owner not less than 30 days prior to the Commencement Date. In addition, this Agreement may be terminated by T-Mobile, upon giving written notice to Owner, if: (a) T"Mobile cannot obtain or is unable to renew any permit, license or other approval ("Approval") required for TWobiles use of the Premises, whether by cancellation, expiration lapse, withdrawal or termination; (b) Owner does not have a legally sufficient ownership interest in the Premises, or authority to enter into this Agreement; (c) T-Mobile determines that the Owner's Property contains hazardous substances; or (d) TWobile determines that the Property is not appropriate for its operations for economic or technological reasons. Upon such termination, Owner may retain any prepaid rent for the unused portion of the current lease term. 13. HAZARDOUS SUBSTANCES. Owner represents to the best of its knowledge without any duty to investigate or inquire that as to the Premises, Owners Property and any other real estate owned by Owner which are immediately next to the Premises and Owner's Property (collectively referred to as the "Real Estate") (a) no portion of the Real Estate constitutes protected wetland or any similar environmentally critical area, (b) no Hazardous Substances, as defined herein below, are located in, upon or under the Real Estate, and (c) no petroleum products are now or (to the best of the Owner's knowledge) have in the past been stored (whether in tanks or otherwise) on or under the Real Estate. For purposes of this provision, "Hazardous Substances" includes any substance identified as hazardous, toxic or dangerous in any applicable federal, state or local law or regulation. Owner and T-Mobile each represent and covenant to the other that neither will cause contamination of the Real Estate by any Hazardous Substances brought in or upon the Real Estate. Each party to this Agreement agrees to indemnify and hold the other harmless from any damage, claim, loss, cost, liability or expense (including without limitation, cost of cleanup or fines, reasonable attorney fees and court or administrative proceedings) incurred by the other on account of contamination of the Real Estate by any Hazardous Substances caused by the indemnifying party. Further, Owner agrees to indemnify and hold harmless T-Mobile from any damage, claim, loss, cost, liability or expense (including without limitation, cost of cleanup or fines, reasonable attorney fees and costs of court and administrative proceedings) incurred by T-Mobile on account of any misrepresentation or breach of any warranty made by Owner. 14. CASUALTY. If all or any portion of the Owner's Property or the Communications Facility is damaged 6y any Casualty; as hereinafter defined, either party may terminate this Agreement. "Casualty" shall include damage to or the destruction of the Owner's Property by vandalism, vehicles, aircraft, Not or civil commotion, fire, lightning, windstorm, tornado, hailstorm, flood or earthquake. 15. CONDEMNATION. In the event that all or any portion of Owner's Property is taken or condemned by any competent governmental or quasi -governmental authority, or voluntarily conveyed by Owner, for any public use or purpose, this Agreement shall terminate upon the date when possession of the part so taken or conveyed shall be required for such use or purpose. Each party shall have the right to maintain their own respective damages and neither party shall have any interest in any award granted to the other. In the event of such a taking, the rental shall be prorated to the date of possession, and any prepaid rent shall be promptly repaid to T-Mobile. 0 16. WAIVER OF LANDLORD'S LIEN. To the extent permitted by law, Owner hereby waives any and all lien rights it may have, statutory or otherwise, concerning the Communications Facility, or any portion thereof, which shall be deemed personal property for the purposes of this Agreement, regardless whether or not the same is deemed real or personal property under any applicable law, ordinance, rule or regulation. 17. QUIET ENJOYMENT. T-Mobile shall upon payment of Rent, peaceably and quietly have, hold and enjoy the Premises. Owner, or any person claiming by, through or under the Owner, shall not cause or permit any use of Owner's Property that interferes with or impairs the quality of the communications services being rendered by T-Mobile from the Premises. Except in cases of emergency, Owner shall not have access to the Communications Facility unless accompanied by T-Mobile personnel. Except as provided in Section 6, Co -Location, herein, Owner hereby agrees that it will not unreasonably use, or allow to be used, any of its property adjacent or appurtenant to the Owner's Property in such a way as to interfere with, hinder or obstruct T-Mobile's use of the Premises or the Communications Facility, in T-Mobile's reasonable determination. 18. DEFAULT. Except as may be expressly limited herein, Owner and T-Mobile shall each have all such remedies for the default of the other party hereto as may be provided at law or in equity, following written notice of such default and failure by the defaulting party to cure the same within 30 days of. said notice. Notwithstanding the foregoing, this Agreement may not be terminated if the defaulting party commences action to cure the default within 30 days and proceeds with due diligence to fully cure the default. 19. COSTS. T-Mobile shall reimburse the owner for any expenses, costs and fees associated with or incidental to the installation of wireless communication equipment and other items specified in this contract including, but not limited to the following: a. Tower shall be inspected upon completion of the T-Mobile improvements. The tank itself will need to be inspected because of the welding and repainting. This amount is not to exceed $1,650. b. Cost of water and recholorinating to refill the tank after completion of improvements. This amount is approximately $1,600. c. Police and public works antennas must be relocated onto the ring being constructed by T-Mobile and will need to be inspected to ensure proper mounting. d. Any and all other expenses, costs or fees paid by the owner as a result of T-Mobile's use of the tower. 20. COLOR. The City will require that the color of any cable used by T-Mabile that is mounted or affixed to the Tower shall be white, 21. MISCELLANEOUS. a. Owner represents VA and warrants that Owner has full authority to enter into and sign this Agreement. If the Premises is held in a trust, the Owner shall execute a written direction to cause the Trustee to execute this Agreement and other required documents as deemed necessary by T-Mobile. 1. This Agreement may be signed in counterparts by the parties hereto. 2. The terms and conditions of this Agreement shall extend to and bind the heirs, personal representatives, successors and assigns of Owner and T-Mobile. However the rights, conditions, covenants and obligations granted or reserved hereunder shall not be construed to benefit any third party which is not specifically made a party to this Agreement by written agreement of the parties hereto. 3. The prevailing party in any action or proceeding to enforce the terms of this Agreement shall be entitled to receive its reasonable attorneys' fees and other reasonable enforcement costs and expenses from the non -prevailing party. 4. T-Mobile may assign this Agreement, and all rights, benefits, liabilities and obligations hereunder, to any person or business entity which is licensed by the FCC to operate a wireless communications business, is a parent, general partner, or subsidiary of T-Mobile, controls or is controlled by or under common control with T-Mobile, is merged or consolidated with T-Mobile, or purchases a majority or controlling interest in the ownership or assets of T-Mobile, or which acquires all or substantially all of the assets of T-Mobile in a Major Trading Area in which T-Mobile has a license issued by the Federal Communications Commission, or any entity which obtains a security Interest in a substantial portion of T-Mobile's assets. T-Mobile agrees to provide written notification of assignment not later than one hundred and twenty (120) days after assignment Upon written notification by T-Mobile of any such action and assignee's written assumption of all terms and conditions of this Agreement, T- Mobile shall be relieved of all future performance, liabilities and obligations under this Agreement as of the effective day of the assignment. 5. Notices shall be in writing and sent by United States Mail, postage prepaid, certified or registered with return receipt requested or by any nationally recognized courier service to the address set forth beneath the signature of each party below. Any such notice shall be deemed give when deposited in the United States Mail or delivered to such courier service. Either party hereto may change the name and address to whom any notices sent under this Agreement shall be sent. 6. This Agreement shall be construed in accordance with the laws of the State of Illinois. 7. T-Mobile warrants that it has had no dealings with any real estate broker or agent in connection with this Agreement and that it knows of no other real estate broker or agent who is entitled to any commission or finder's fee in connection with this Agreement. T-Mobile agrees to indemnify and hold Owner harmless from any cost, expense or liability for any compensation, commissions and charges claimed by any real estate broker or agent other than Broker with respect to this Agreement or the negotiation thereof. 8. None of the terms or conditions of this Agreement shall in any manner be altered, waived, modified, changed or abandoned, except by a written instrument duly signed, acknowledged and delivered by the other party. 9. If any provision of this Agreement shall, to any extent, be held invalid or unenforceable, the remaining provisions of this Agreement shall not be affected thereby, but each provision of this Agreement shall be valid and enforced to the fullest extent permitted by law. 10. No waiver of any breach of any of the covenants of this Agreement shall be construed, taken or held to be a waiver or any other breach or waiver, acquiescence in or consent to any further or succeeding breach of the same covenant. 11. This Agreement supersedes all prior discussions and negotiations, whether oral or written, and contains the full and complete agreement and understanding between Owner and T-Mobile. All Exhibits and Riders are incorporated herein by reference. Each party to this Agreement in its entirety has had the opportunity to consult with an attorney, tax consultant or other professional. Neither party has made any representations or recommendations to the other with respect to the legal sufficiency or tax consequences or this Agreement or the transaction to which it relates. rI IN WITNESS WHEREOF, the parties hereto bind themselves to this Agreement on this .day of ram_, 2004, OWNER ayor Date Executed: IYs: EBev. and Ops. xet{utive Director Date Executed: 5 • _ & • (Dq Address of T-Mobile: VoiceStream GSM I Operating Company, LLC d/b/a/ T-Mobile USA, Inc. 8550 West Bryn Mawr Chicago, IL 60631 Attn: Lease Administration Manager With copy to: T-Mobile USA, Inc. 12920 SE 381' Street Bellevue, WA 98006 Attn: PCS Lease Administrator ichaet A. Sievertso ATTEST: C Cit} CI k Wifie ses: / GAZIL Print Name: Address of Owner: City of McHenry 333 S. Green Street McHenry, IL 60050 Attn: City Manager With copy to: Zukowski, Rogers, Flood 8 McArdle 50 Virginia Street Crystal Lake IL 60014 EXHIBIT A I Site Plans and Building Plans 2(`1 IoA � 7 i 4Se Cogs 7n �7 EXHIBIT B Legal Description of the Property Lots 46, 47 and part of 45 of Block 279 in Cooney Heights 3 d Addition, being a subdivision of part of the Southeast Quarter of the Northeast Quarter of Section 34, Township 45 North, Range 8 East of the Third Principal Meridian in the City of McHenry, McHenry County Illinois. EXHIBIT C Rental Fee Schedule Year Annual Fee 2004 $18,000 2005 $189540 2006 $19,096 2007 $19,669 2008 $20t259 11 Cell Site #: CH46494A_85302 Cell Site Name: McHenry NVATERTANK (SIOUX) Address: 4225 Sioux Lane, McHenry, IL 60051 FIRST AMENDMENT TO SITE AGREEMENT THIS FIRST AMENDMENT TO SITE AGREEMENT ("Amendment") dated as of the Effective Date (as defined below), by and between City of McHenry, with an office/residing at 333 South Green Street, McHenry, IL 60050 (hereinafter referred to as "Owner") and T-Mobile Central LLC, a Delaware limited liability company, as successor in interest to VoiceStream GSM I Operating Company, LLC d/b/a T-Mobile Inc. having an office at 8550 West Bryn Mawr Avenue, Chicago, IL 60631 (hereinafter referred to as `"Tenant"). WHEREAS, Owner and Tenant entered into a Site Agreement dated March 1, 2004; whereby Owner leased to Tenant certain Premises, therein described, that are a portion of the Tower located at 4225 Sioux Lane, McHenry, IL 60051 ("Agreement"); and WHEREAS, Owner and Tenant, in their mutual interest, wish to amend the Agreement as seI forth below; NOW THEREFORE, in consideration of the foregoing and of other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, Owner and Tenant hereby agree as follows: 1. Term. The current term (whether such term is the initial term, a renewal term, a modified term or other name) will expire on February 28, 2009 (the "Current Term"), After the Current Term and notwithstanding anything to the contrary in the Agreement; a) Tenant shall have the right to renew the Agreement for up to four (4) additional sixty (60) month periods (each a "Renewal Term"), and b) each Renewal Term shall automatically commence, on the same terms and conditions of the Agreement, without further action by Tenant, unless Tenant provides Owner with written notice of its intention not to renew at least ninety (90) days prior to the end of the Current Term or of any Renewal Term. 2. Modification of Rental Fee. Commencing on March 1, 2008 ("Revised Rental Fee Start Date"), the rental fee payable under the Agreement shall be Eighteen Thousand Two Hundred Thirty Three and 00/100 Dollars ($18,233.00) per year, and shall continue during the Current Term and any Renewal Terms, subject to a 2.5%upward adjustment commencing March t, 2009, and each year thereafter. Rental fee for any partial month or year of the current Term prior to the Revised Rental Fee Start Date shall be prorated. Master Template V.t0, BDW Deal V.2 Page 1 of3 3. Modification of Tenant's Obligation to Pay — Rental Fee Guarantee. Tenant hereby guarantees monthly rental payments to the O%vner for a minimum period of 108 months commencing on March 1, 2008 and ending on February 28, 2017 (Rental Fee Guarantee Period). During the Rental Fee Guarantee Period, required monthly rental payments shall be paid to Owner, without any setoff or credits whatsoever, notwithstanding any termination or non renewal of the Agreement or this Amendment by Tenant, except as provided in Section 4, below. The parties agree that the Tenant's rental fee obligation herermder during the Rental Fee Guarantee .Period shall survive any termination of the Agreement or this Amendment by Tenant, except as provided in Section 4, below. 4. Termination. After the Rental Fee Guarantee Period, Tenant may terminate the Agreement at any time with thirty (30) days prior written notice to Owner. Notwithstanding any other provision of the Agreement or of this Amendment, Tenant may terminate the Agreement, during the Rental Fee Guarantee Period upon; a) Owner default, b) Tenant's loss of FCC license, or c)condemnation of or casualty or interference at the Premises, that substantially hinders Tenant's ability to use the Premises. Upon such termination', Tenant shall be released from any and all of its obligations to pay rental fee during the Rental Fee Guarantee Period as of the effective date of such termination. 5. Notices, Section 21. a. 5. of the Agreement is hereby deleted in its entirety and replaced with the following: NOTICES. All notices, requests, demands and communications hereunder will be given by first class certified mail, return receipt requested, or by a nationally recognized overnight courier, postage prepaid, to be effective when received, refused, or returned undeliverable. Notices will be addressed to the parties as follows: as to Tenant, T-Mobile Central LLC, a Delaware limited liability company 8550 West Bryn Mawr Avenue Chicago, IL 60631 Attn: PCS Lease Administrator Re: Cell Site # CH46494A, Cell Site Name McHenry WATERTANK (SIOUX); with a copy to: T-Mobile Central LLC, a Delaware limited liability company 12920 S.E. 38°i Street Bellevue, WA 98006 Attn.: Legal Department Re: Cell Site # CH46494A, Cell Site Name McHenry WATERTANK (SIOUX); Master Template V.1Q BDW Deal V.2 Page 2 of 3 and as to Owner, City of McHenry 333 South Green Street McHenry, IL 60050, Either party hereto may change the place for the giving of notice to it by thirty (30) days prior written notice to the other as provided herein. 6. Assignment. Owner shall have the right to assign or otherwise tmnsfer the Agreement and the easements granted therein upon written notice to Tenant, except that any assignment or transfer of the Agreement which is separate and distinct from a transfer of Owner's entire right, title and interest in the Tower shall require the prior written consent of Tenant which may be withheld in Tenant's sole discretion. Upon such assignment, including assignment where Tenant's consent is required and received, Owner shall be relieved of all liabilities and obligations hereunder and Tenant shall look solely to the assignee for performance under the Agreement and all obligations thereunder. Except as provided herein the Tenant's obligation hereunder shall be binding on the Tenant, its successors and assigns. 7. Other Terms and Conditions Remain. In the event of any conflict or inconsistency between the Agreement and this Amendment, the terms of this Amendment shall govem and control. Except as expressly set forth in this Amendment, Agreement otherwise is unmodified and remains in full force and effect and are ratified and confirmed by the parties. Each reference in the Agreement to itself shall be deemed also to refer to this Amendment. 8. Capitalized Terms. All capitalized terms used but not defined herein shall have the same meanings as deemed in the Agreement. IN WITNESS WHEREOF, the parties have caused their properly authorized representatives to execute this Amendment as of the date and year below ("Effective OWNER: City of McHenry By: NaMe: SUSAN E LOW Title: MnvnD Date: 5/7/2007 Tax ID: 36-6005993 Master Template V.10, BDW Deal V.2 TENANT: T-Mobile Central LLC By: Name: n _gait Title: Director of Development & Operations Date: T-Mobile Legal Approval By: Page 3 of 3 Sa4N 4 4MO- !' S-r DIVIDEND 2141 Rosecrans Ave, Ste. 2100 — EI Segundo, CA 90245 (866) 392-4200 - (310) 294-8160 August 31, 2016 Susan Low, Mayor City Of McHenry 333 S Green St Mchenry, IL 60050-5494 RE: Option Agreement —Lease Easement Purchase Landmark Dividend LLC ("Landmark") is pleased to offer the City of McHenry (the "City") the following proposal. Landmark has completed an initial analysis of the lease and associated revenue for 1 lease located on property owned by you (the "Premises") and identified in Exhibit A (the "Lease"). Based on this preliminary analysis, Landmark will provide $380,000.00 (the "Purchase Price") in exchange for a 270 Months easement (the "Easement") to the Premises and assignment of City's interest in the Lease and associated rent revenue. By signing below, City grants Landmark an option to complete the contemplated transaction and purchase from you the landlord interest in the Lease (the "Option"). Landmark may exercise the Option granted herein at anytime within sixty (60) calendar days of the date of full execution of this letter and receipt of necessary due diligence items (the "Option Period"). Landmark's right to exercise the Option granted herein is conditioned upon the expiration or waiver of the thirty (30) day right of first refusal ("ROFR") period as set forth in the Lease (the "ROFR Period"). Further, the transaction contemplated herein shall be conditioned upon the successful negotiation of a mutually acceptable purchase and sale agreement by the parties herein. Notwithstanding anything to the contrary as set forth herein, City and Landmark agree that the following provisions shall be incorporated in the purchase and sale agreement, City reserves the right, in its sole discretion to enforce paragraphs 7 -15 and 21 of the Lease subject to the following terms and conditions: (1) City shall provide Landmark with written notice that it reasonably believes the tenant is in default under the Lease. Upon receipt of such written notice, Landmark shall have twenty (20) days to notify City in writing of its election to enforce the provisions of the Lease. If Landmark elects to enforce the provisions of the Lease, then it shall use all commercially reasonable efforts in a reasonable timeframe under the circumstances to enforce the Lease to include without limitation, seeking a remedy at law or equity from a court of competent jurisdiction to enforce the provisions of the Lease. (2) If Landmark elects not to enforce the terms of the Lease or fails to notify the City in writing of its election within the foregoing twenty (20) day period, then City may enforce the foregoing Lease provisions. (3) However, notwithstanding anything to the contrary as set forth herein, in the event the tenant's breach or default of the Lease provisions is of an emergency nature, which imminently threatens the health, safety and/or welfare of the City's residents or property or imminently threatens the structural integrity or operation and/or functioning of the City water storage tower, then the City may immediately enforce such provision(s) of the Lease against the tenant; provided however, such breach or event of default thereunder shall also be a violation of any applicable statute, code, ordinance or resolution under federal, state, local law or agency -issued permit to the City ; thereafter, the City shall notify Landmark of its enforcement action as soon as practicable. (4) Any remedy or recovery for the City must be limited to compensatory damages and/or specific performance. Under no circumstances shall the City be permitted to terminate the Lease or the Easement or collect any rent or evict or dispossess the tenant from the Easement or leasehold estate; except, that the City may additionally seek from a court of competent jurisdiction the right to terminate the Lease or the Easement or evict or dispossess the tenant from the Easement or leasehold estate under the two following circumstances: 1) where the default or breach threatens the health, safety and/or welfare of the City's residents or property; or 2) where the breach threatens the structural integrity or operation and/or functioning of the City's water storage tower. Other than these two exceptions, the City shall not be permitted to terminate the lease or the easement or collect any rent or evict or dispossess the tenant from the easement or leasehold estate. (5) Landmark agrees to reasonably cooperate with the City by providing any additional documentation within its reasonable possession or control to enable the City to enforce the foregoing provisions under the Lease. Further, Landmark represents to City that it has been Landmark's experience that it takes tenants approximately two (2) months' time after closing to recognize Landmark as the new rent payee. Accordingly, Landmark and City agree that at closing, the equivalent amount of two months' rent from the tenant shall be held in escrow with the title company. In the event that the City receives any rent checks form the tenant for the two months' time immediately following the closing, the City may keep such rent checks, but Landmark shall be permitted to draw such amounts form the escrow. Also, in the event the tenant immediately recognizes Landmark as the new payee after closing, then Landmark shall instruct the title company to release such amounts from the escrow. After two months' time, in the event that the City receives any rent checks from the tenant beyond and above the two months after closing, the City agrees to remit and endorse such rent checks to Landmark. City acknowledges that a $100 non-refundable cash deposit by Landmark and Landmark's commitment to expend time, effort and expense to evaluate this transaction are good, valuable and sufficient consideration for the Option granted herein. During the Option Period, City agrees to cooperate fully with Landmark in connection with its evaluation of this transaction. Further, during the Option Period, City shall not, directly or indirectly, (a) offer the Lease or the Premises for sale or assignment to any other person; (b) negotiate, solicit or entertain any offers to sell or assign any interest in the Lease or Premises to any other person; or (c) modify, amend, supplement, extend, renew, terminate or cancel the Lease. This letter is intended as and shall be a legally binding commitment. In the event of a breach of this letter agreement, Landmark shall, in addition to its other rights and remedies, be entitled to compensation for its time, effort and expense to evaluate this transaction and, in any action to enforce this letter agreement, to recovery of its reasonable attorneys' fees. City's signature below will indicate your agreement to the foregoing and will provide authorization for Landmark to proceed with the evaluation of this transaction and completion of its due diligence including but not limited to verification with the tenants of the accuracy of the due diligence items. We look forward to working with you on this transaction. Should you have any questions, please feel free to contact me at any time. AGREED TO AND ACCEPTED AS INDICATED BELOW AS OF THE DAY OF LANDMARK DIVIDEND LLC City Of McHenry Susan Low, Mayor Exhibit A Tenant/ Term Current Rent Escalation Escalation Date of Next Carrier Purchased Rent Frequency Rate Frequency Escalation AT&T Mobility 270 March 01, $3,240.38 Monthly 3.00% Annually (a/k/a) New Months 2017 Cingular LANDMARK A14 DIVIDEND 2141 Rosecrans Ave, Ste. 2100 — El Segundo, CA 90245 (866) 392-4200 - (310) 294-8160 August 311 2016 Susan Low, Mayor City of McHenry 333 S Green St Mchenry, IL 60050-5494 RE: Option Agreement —Lease Easement Purchase Landmark Dividend LLC ("Landmark") is pleased to offer the City of McHenry (the "City") the following proposal. Landmark has completed an initial analysis of the lease and associated revenue for 1 lease located on property owned by you (the "Premises") and identified in Exhibit A (the "Lease"). Based on this preliminary analysis, Landmark will provide $144,000.00 (the "Purchase Price") in exchange for a 148 Months easement (the "Easement") to the Premises and assignment of City's interest in the Lease and associated rent revenue. By signing below, City grants Landmark an option to complete the contemplated transaction and purchase from you the landlord interest in the Lease (the "Option"). Landmark may exercise the Option granted herein at any time within sixty (60) calendar days of the date of full execution of this letter and receipt of necessary due diligence items (the "Option Period"). Landmark's right to exercise the Option granted herein is conditioned upon receipt of tenant's (the "Tenant") consent in writing to the contemplated transaction (the "Consent"). Further, the transaction contemplated herein shall be conditioned upon the successful negotiation of a mutually acceptable purchase and sale agreement by the parties herein. Notwithstanding anything to the contrary as set forth herein, City and Landmark agree that the following provisions shall be incorporated in the purchase and sale agreement, City reserves the right, in its sole discretion to enforce paragraphs 6 — 10, 13 and 17-18 of the Lease subject to the following terms and conditions: (1) City shall provide Landmark with written notice that it reasonably believes the tenant is in default under the Lease. Upon receipt of such written notice, Landmark shall have twenty (20) days to notify City in writing of its election to enforce the provisions of the Lease. If Landmark elects to enforce the provisions of the Lease, then it shall use all commercially reasonable efforts in a reasonable timeframe under the circumstances to enforce the Lease to include without limitation, seeking a remedy at law or equity from a court of competent jurisdiction to enforce the provisions of the Lease. (2) If Landmark elects not to enforce the terms of the Lease or fails to notify the City in writing of its election within the foregoing twenty (20) day period, then City may enforce the foregoing Lease provisions. (3) However, notwithstanding anything to the contrary as set forth herein, in the event the tenant's breach or default of the Lease provisions is of an emergency nature, which imminently threatens the health, safety and/or welfare of the City's residents or property or imminently threatens the structural integrity or operation and/or functioning of the City water storage tower, then the City may immediately enforce such provision(s) of the Lease against the tenant; provided however, such breach or event of default thereunder shall also be a violation of any applicable statute, code, ordinance or resolution under federal, state, local law or agency -issued permit to the City ; thereafter, the City shall notify Landmark of its enforcement action as soon as practicable. (4) Any remedy or recovery for the City must be limited to compensatory damages and/or specific performance. Under no circumstances shall the City be permitted to terminate the Lease or the Easement or collect any rent or evict or dispossess the tenant from the Easement or leasehold estate; except, that the City may additionally seek from a court of competent jurisdiction the right to terminate the Lease or the Easement or evict or dispossess the tenant from the Easement or leasehold estate under the two following circumstances: 1) where the default or breach threatens the health, safety and/or welfare of the City's residents or property; or 2) where the breach threatens the structural integrity or operation and/or functioning of the City's water storage tower. Other than these two exceptions, the City shall not be permitted to terminate the lease or the easement or collect any rent or evict or dispossess the tenant from the easement or leasehold estate. (5) Landmark agrees to reasonably cooperate with the City by providing any additional documentation within its reasonable possession or control to enable the City to enforce the foregoing provisions under the Lease. Further, Landmark represents to City that it has been Landmark's experience that it takes tenants approximately two (2) months' time after closing to recognize Landmark as the new rent payee. Accordingly, Landmark and City agree that at closing, the equivalent amount of two months' rent from the tenant shall be held in escrow with the title company. In the event that the City receives any rent checks form the tenant for the two months' time immediately following the closing, the City may keep such rent checks, but Landmark shall be permitted to draw such amounts form the escrow. Also, in the event the tenant immediately recognizes Landmark as the new payee after closing, then Landmark shall instruct the title company to release such amounts from the escrow. After two months'time, in the event that the City receives any rent checks from the tenant beyond and above the two months after closing, the City agrees to remit and endorse such rent checks to Landmark. City acknowledges that a $100 non-refundable cash deposit by Landmark and Landmark's commitment to expend time, effort and expense to evaluate this transaction are good, valuable and sufficient consideration for the Option granted herein. During the Option Period, City agrees to cooperate fully with Landmark in connection with its evaluation of this transaction. Further, during the Option Period, you shall not, directly or indirectly, (a) offer the Lease or the Premises for sale or assignment to any other person; (b) negotiate, solicit or entertain any offers to sell or assign any interest in the Lease or Premises to any other person; or (c) modify, amend, supplement, extend, renew, terminate or cancel the Lease(s). This letter is intended as and shall be a legally binding commitment. In the event of a breach of this letter agreement, Landmark shall, in addition to its other rights and remedies, be entitled to compensation for its time, effort and expense to evaluate this transaction and, in any action to enforce this letter agreement, to recovery of its reasonable attorneys' fees. City's signature below will indicate your agreement to the foregoing and will provide authorization for Landmark to proceed with the evaluation of this transaction and completion of its due diligence including but not limited to verification with the tenants of the accuracy of the due diligence items. We look forward to working with you on this transaction. Should you have any questions, please feel free to contact me at any time. AGREED TO AND ACCEPTED AS INDICATED BELOW AS OF THE DAY OF LANDMARK DIVIDEND LLC City of McHenry Susan Low, Mayor Exhibit A Tenant/ Term Current Rent Escalation Escalation Date of Next Carrier Purchased Rent Frequency Rate Frequency Escalation March01 TWobile $22�770.52 Annually 2.50 % Annually Mon8hs Office of the Chief of Police John MAones McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2200 Fax: (815) 363-2149 www.ci. m the n ry. i I. us AGENDA SUPPLEMENT TO: Mayor and City Council FROM: John M. Jones, Chief of Police FOR: September 6th, 2016 City Council RE: Purchase of furniture for the Dispatch Center and Police Administration section renovation and expansion. ATT: Proposal from Frank Cooney Company for furniture for dispatch center renovation. Proposal from Interior Investments for furniture for dispatch center renovation. Summary: The city of McHenry is looking to make the final furniture purchase, and lock in current pricing, for the renovation and expansion of the McHenry dispatch center and Police administration section. FGM assisted in this process and have provided quotes from two established companies that have been used in the past by the city for this purpose. All furniture, if approved, will be obtained under cooperative purchasing agreements assuring best pricing for all items. Background: Within the overall budget for the dispatch center expansion and renovation of Police facilities, one of the line items that was to be accounted for 'by owner' was the furniture costs for the project. The furniture was not included in the bid for construction yet the process was a part A FGM's assistance on the project. Through this assistance and numerous meetings with Police Department staff, a thorough list to accommodate for all the needs for the new facility and potential offerings was developed as is attached for Council's review. Through the CIP proposal A the Dispatch center expansion/renovation there was included a line item of $240,000 for the purchase of furniture. This encompassed the Watson Brand workstations, which has already been approved through city council, and the purchase of the remaining furniture for the entire construction project. The City will be using two separate cooperative purchasing entities, National Cooperative Purchasing Alliance (NCPA) and The Cooperative Purchasing Network (TCPN) contracts to provide the opportunity to use nationally and competitively -bid contracts for this purchase. NCPA and TCPN are national governmental purchasing cooperatives that offer competitively bid and awarded contracts with national vendors for commonly purchased products and services allowing government entities to make compliant purchases at a valued rate. Agencies in Illinois are permitted to use cooperative purchasing contracts such as the NCPA and TCPN as an alternative to bidding per Chapter 5, Act 220, Section 2 and 3 concerning Intergovernmental Cooperation (5 ILCS 220/2 and 220/3). The Governmental Joint Purchasing Act {30 ILCS 525) allows member agencies to legally purchase through these contracts without duplicating its own competitive -bidding process and requirements. The result of this cooperative effort is a high -quality selection of nationally leveraged, competitively -bid contract solutions to help meet the ever -changing needs of current and future member agencies. There are two components of the furniture purchase. • NCPA contract with Frank Cooney Company (attached 64269A) - $64,817641 • TCPN contract with Interior Investments, LLC (attached 136463) - $3,228613 The total amount for furniture procurement and installation is $68,045.54. This, when added to the dispatch consoles cost of $175,500, is $3,545.54 over the line item that was included in the original budget for furniture, which was $240,000.00. All Items were purchased under government cooperative purchasing agreements and therefore are at their lowest costs. Therefore, a budget amendment in the amount of $3,545.54 will be required for this purchase. Recommendation: If City Council approves Staff is looking for a motion to approve an amendment to the FY16/17 Budget Capitol Improvements fund, in the amount of $3,545.54 from the General Fund Balance and to approve the recommendation of FGM Architects and award the contract for furniture purchases to the following: (1) the NCPA contract with Frank Cooney Company in the amount of $641817.41; (2) the TCPN contract with Interior Investments in the amount of $3,228.13, which includes the delivery, installation and garbage removal of all related furniture in the 2 separate purchases. 2)Page 1226 N. MICHAEL DRIVE Proposal. 64269A WOOD DALE, IL 60191 (630) 6944800 Date: 08/17/16 FAX (630) 694-8804 Project #: 85-111 PROPOSAL FOR: DELIVER TO: City of McHenry City of McHenry 333 S. Green Street 333 S. Green Street McHenry, IL 60050 McHemy, IL 60050 LE PERSON CUST MER P 0..: QU TE V LID Eileen Reynolds # QTY PRODUCT DESCRIPTION SELL EXTENDED 1 I ASX32 Deuce 31.75" Static X Base for 36, 41.5, 179.60 179.60 42" Top Luster Grey Luster Grey Glides Tag(s): Break Room Mfgr: FOF 2 1 CC-K3636RT Intermix 36x36xl.125 Round Top 174.80 174.80 Frosty White Frosty White No Cutout (standard) Tag(s): Break Room Mfgr: FOF 3 1 CC-823557 Intermix 72x42x1.125 Boat -Shaped Top 624.80 624.80 Natural Walnut Square No Cutout (standard) Tag(s): Conference Mfgr: FOF 4 2 CC-M24PB Intermix 24x2.0625x28.75 Panel Base 147.20 294.40 Natural Walnut Tag(s): Conference Mfgr: FOF 5 2 F37837XK Balance 22.75x22.625x32.25 Side Chair 496.80 993.60 Fully Upholstered Back Natural Walnut Grade 9 Material Other Grade 9 Material DESIGNTEX - LATTICE 3678-403, MIDNIGHT Tag(s): Supervisor Mfgr: FOS 6 1 6-2822TEP 27.875H End Panel for 22D Peninsula 83.62 83.62 Worksurface TFL Wood Grain Natural Walnut Tag(s): Supervisor Mfgr: FST 7 1 6-28MCBB 54.125" to 78" Back Support Panel 152.81 152.81 72 inches none TFL Wood Grain Natural Walnut Finished (TFL) No Access Slot Tag(s): Supervisor, Mfgr: FST 8 1 6-7219HDW4 72" x 18.5" Organizer with Doors 663.78 663.78 TFL Wood Grain Natural Walnut Frosted Acrylic with Matte Aluminum Frame Key Specific Locking (available on TFL, wood, or p Tag(s): Supervisor Mfgr: FST PAGE 1 FRANK COONEY COMPANY 1226 N. MICHAEL DRIVE WOOD DALE, IL 60191 (630) 6944800 FAX (630) 6944804 PROPOSAL FOR: City of McHenry 333 S. Green Street McHenry, IL 60050 DELIVER TO: City of McHenry 333 S. Green Street McHenry, IL 60050 LESPER N USTOMER P 0..: Eileen Reynolds # QTY PRODUCT DESCRIPTION Proposal: 64269A Date: 08/17/16 Project #: 85-111 QUOTE V LID SELL EXTENDED 9 1 6-MCT-22/48 22W 48D Rectangular Worksurface 106.19 106.19 TFL/3131,/HPL-PVC Edge TFL Wood Grain with 3mm PVC Edge Natural Walnut Square Natural Walnut (Wood Grain) No Grommet No Grommet No Cutout Tag(s): Supervisor Mfgr: FST 10 1 6-MCT-72/22 72W 22D Rectangular Worksurface 135A2 135.42 TFL/31)L/HPL-PVC Edge TFL Wood Grain with 3mm PVC Edge Natural Walnut Square Natural Walnut (Wood Grain) No Grommet No Grommet No Cutout Tag(s): Supervisor Mfgr: FST 11 1 6-MCT-72/36 72W 36D Rectangular Worksurface 212.01 212.01 TFL/3131,/HPL-PVC Edge TFL Wood Grain with 3mm PVC Edge Natural Walnut Square Natural Walnut (Wood Grain) No Grommet No Grommet No Cutout Tag(s): Supervisor Mfgr: FST 12 1 6-NW1627MPDNorksurface Height Box/Box/File Pedestal 346.32 346.32 t without riser Suppo TFL Wood Grain Natural Walnut TFL Wood Grain Natural Walnut TFL Wood Grain Natural Walnut TFL Wood Grain Natural Walnut Finished (TFL) Key Specific Locking Satin Nickel Parallel Tag(s): Supervisor Mfgr: FST 13 1 6-NW3022MPDAorksurface Height File/File Pedestal 425.13 425.13 3 without riser Support, TFL Wood Grain Natural Walnut TFL Wood Grain Natural Walnut TFL Wood Grain Natural Walnut Finished (TFL) Key Specific Locking Satin Nickel Parallel Tag(s): Supervisor Mfgr: FST 14 4 CP-1 4 x 4 Clamp Plate 4.44 17.76 Tag(s): Supervisor Mfgr: FST PAGE 2 FRANK GOONEY COMPANY 1226 N. MICHAEL DRIVE Proposal: 64269A WOOD DALE, IL 60191 (630) 694-8800 Date: 08/17/16 FAX (630) 694-8804 Project #: 85-111 PROPOSAL FOR: DELIVER TO: City of McHenry City of McHenry 333 S. Green Street 333 S. Green Street McHenry, IL 60050 McHenry, IL 60050 LESPERS N USTOMER P ... U TE VALID Eileen Reynolds # QTY PRODUCT DESCRIPTION SELL EXTENDED 15 1 FT2198 1-Piece Tackboard Use with 72"W Wallmount 126.17 126.17 Organizers Grade 2 Material Momentum Insight Pepper Tag(s): Supervisor Mfgr: FST 16 1 SPTR48 Worlcsurface Straightener, for unsupported 15.17 15.17 Worlcsurface width Tag(s): Supervisor Mfgr: FST 17 1 TL-16 Task Light Energy efficient LED 5200K 161.32 161.32 bulbs 48"W Tag(s): Supervisor Mfgr: FST 18 1 SPECIAL-6-2 End Panel for 27.SD Peninsula Worksurface 137.27 137.27 8/27.STEP TFL Wood Grain Natural Walnut Tag(s): Supervisor Mfgr: FST* 19 5 4110HD.A63 Highmark Emme High Back with height & 407.52 2,037.60 width adjustable arms, Heavy Duty with Multi Function with seat slider, Heavy Duty black nylon base with steel insert, soft wheel casters, Momentum:Cinch/Black Tag Above: First Floor 20 2 F37837XK Balance 22.75x22.625x32.25 Side Chair 496.80 993.60 Fully Upholstered Back Natural Walnut Grade 9 Material Other Grade 9 Material DESIGNTEX -LATTICE 3678-403, MIDNIGHT Tag(s): CALEA Mfgr: FOS 21 1 6-2822TEP 27.875H End Panel for 22D Peninsula 83.62 83.62 Worksurface TFL Wood Grain Natural Walnut Tag(s): CALEA Mfgr: FST 22 1 6-28MCBB 54.125" to 78"Back Support Panel 152.81 152.81 72 inches none TFL Wood Grain Natural Walnut Finished (TFL) No Access Slot Tag(s): CALEA Mfgr: FST PAGE 3 FRANK COONEY COMPANY 1226 N. MICHAEL DRIVE WOOD DALE, IL 60191 (630) 694-8800 FAX (630) 6944804 PROPOSAL FOR: City of McHenry 333 S. Green Street McHenry, IL 60050 DELIVER TO: City of McHenry 333 S. Green Street McHenry, IL 60050 S LE PERSON UST MER P ... Eileen Reynolds # QTY PRODUCT DESCRIPTION 23 1 6-7219HDW4 72" x 18.5" Organizer with Doors TFL Wood Grain Natural Walnut TFL Wood Grain Natural Walnut Key Specific Locking (available on TFL, wood, or p Tag(s): CALEA Mfgr: FST 24 1 6-MCT-22/48 22W 48D Rectangular Worksurface TFL/31)L/HPL-PVC Edge TFL Wood Grain with 3mm PVC Edge Natural Walnut Square Natural Walnut (Wood Grain) No Grommet No Grommet No Cutout Tag(s): CALEA Mfgr: FST 25 1 6-MCT-72/36 72W 36D Rectangular Worksurface TFL/3DL/HPL-PVC Edge TFL Wood Grain with 3mm PVC Edge Natural Walnut Square Natural Walnut (Wood Grain) No Grommet No Grommet No Cutout Tag(s): CALEA Mfgr: FST 26 1 6-MCT-96/22 96W 22D Rectangular Worksurface TFL/31)L/HPL-PVC Edge TFL Wood Grain with 3mm PVC Edge Natural Walnut Square Natural Walnut (Wood Grain) No Grommet No Grommet No Cutout Tag(s): CALEA Mfgr: FST 27 1 6-NW 1627MPEWorksurface Height Box/Box/File Pedestal 1 without riser Suppo TFL Wood Grain Natural Walnut TFL Wood Grain Natural Walnut TFL Wood Grain Natural Walnut TFL Wood Grain Natural Walnut Finished (TFL) Key Specific Locking Satin Nickel Parallel Tag(s): CALEA Mfgr: FST 28 2 6-NW3622MPI3Norksurface Height File/File Pedestal 3 without riser Support, TFL Wood Grain Natural Walnut TFL Wood Grain Natural Walnut TFL Wood Grain Natural Walnut Finished (TFL) Key Specific Locking Satin Nickel Parallel Tag(s): CALEA CONTINUED... PAGE 4 Proposal: 64269A Date: 08/17/10 Project #: 85-111 SELL 453.62 106.19 212.01 172.05 346.32 466.57 EXTENDED 453.62 106.19 212.01 172.05 346.32 933.14 FRANK COONEY COMPANY 1226 N. MICHAEL DRIVE Proposal: 64269A WOOD DALE, IL 60191 (630) 6944800 Date: 08/17/16 FAX (630) 6944804 Project #: 85-111 PROPOSAL FOR: DELIVER TO: City of McHenry City of McHenry 333 S. Green Street 333 S. Green Street McHenry, IL 60050 McHenry, IL 60050 S LESPERSON U T MER P ... UOTE V LID Eileen Reynolds # QTY PRODUCT DESCRIPTION SELL EXTENDED Mfgr: FST 29 4 CP4 4 x 4 Clamp Plate 4.44 17.76 Tag(s): CALEA Mfgr: FST 30 1 FT2198 1-Piece Tackboard Use with 72"W Wallmount 126.17 126.17 Organizers Grade 2 Material Momentum Insight Pepper Tag(s): CALEA Mfgr: FST 31 1 SPTR48 Worksurface Straightener, for unsupported 15.17 15.17 Worksurface width Tag(s): CALEA Mfgr: FST 32 1 TL-16 Task Light Energy efficient LED 5200K 161.32 161.32 bulbs 48"W Tag(s): CALEA Mfgr: FST 33 1 SPECIAL-6-2 End Panel for 27.51) Peninsula Worksurface 137.27 137.27 7.530TEP TFL Wood Grain Natural Walnut Tag(s): CALEA Mfgr: FST* 34 1 3110.A23 Valence, High Back, Ht./Wd. Adj. Sliding 460.40 460.40 Arms Multi -Function Seat Slider Polished Aluminum Base Standard Hard Wheel Caster (Set of 5) California Technical Bulletin 117-2013 Fabric Grades Grade C Momentum, Canter - Earth Tag(s): CALEA Mfgr: MRK 35 1 CC-P823557 Intermix 72x42x1.125 Boat -Shaped Top 313.60 313.60 Natural Walnut Square Cutout Only Between 1st & 2nd Base Tag(s): Chiefs Co Mfgr: FOF 36 2 CC-M24PB Intermix 24x2.0625x28.75 Panel Base 147.20 294.40 Natural Walnut Tag(s): Chiefs Co CONTINUED... PAGE 5 FRANK GOONEY COMPANY 1226 N. MICHAEL DRIVE Proposal: 64269A WOOD DALE, IL 60191 (630) 694-8800 Date: 08/17/16 FAX (630) 694-8804 Project #: 85-111 PROPOSAL FOR: DELIVER TO: City of McHenry City of McHenry 333 S. Green Street 333 S. Green Street McHenry, IL 60050 McHenry, IL 60050 S LE PERSON UST MER P 0..: QUOTE V LID Eileen Reynolds # QTY PRODUCT DESCRIPTION SELL EXTENDED Mfgr: FOF 37 1 CC-M7136BCQntermix 71x20x36 Buffet Door/Drawer 902.40 902.40 Credenza Natural Walnut Square Era Satin Nickel Tag(s): Chiefs Co Mfgr: FOF 38 1 PS -SOS Power Supply (silver) (2) 15 amp outlets 433.60 433.60 (1) HDMI (1) USB ch Tag(s): Chiefs Co Mfgr: FOF 39 2 F37837XK Balance 22.75x22.625x32.25 Side Chair 496.80 993.60 Fully Upholstered Back Natural Walnut Grade 9 Material Other Grade 9 Material DESIGNTEX -LATTICE 3678-403, MIDNIGHT Tag(s): Chiefs Of Mfgr: FOS 40 1 6-2822TEP 27.875H End Panel for 22D Peninsula 83.62 83.62 Worksurface TFL Wood Grain Natural Walnut Tag(s): Chiefs Of Mfgr: FST 41 1 6-28MCBB 54.125" to 78" Back Support Panel 152.81 152.81 78 inches none TFL Wood Grain Natural Walnut Finished (TFL) No Access Slot Tag(s): Chiefs Of Mfgr: FST 42 1 6-3672BC 36" x 14" x 72" Bookcase, 3 adjustable 475.45 475.45 shelf, 2 stationary s TFL Wood Grain Natural Walnut TFL Wood Grain Natural Walnut Tag(s): Chiefs Of Mfgr: FST 43 1 6-7219HDW4 72" x 18.5" Organizer with Doors 453.62 453.62 TFL Wood Grain Natural Walnut TFL Wood Grain Natural Walnut Key Specific Locking (available on TFL, wood, or p Tag(s): Chiefs Of Mfgr: FST PAGE 6 FRANK GOONEY COMPANY 1226 N. MICHAEL DRIVE WOOD DALE, IL 60191 (630) 694-8800 FAX (630) 694-8804 PROPOSAL FOR: City of McHenry 333 S. Green Street McHenry, IL 60050 DELIVER TO: City of McHenry 333 S. Green Street McHenry, IL 60050 �ALESP�ERS )I� CUSTOMER P ... Eileen Reynolds # QTY PRODUCT DESCRIPTION Proposal: 64269A Date: 08/17/16 Project #: 85-111 QU TE VALID SELL EXTENDED 44 1 6-MCT-22/48 22W 48D Rectangular Worksurface 106.19 106.19 TFL/3DL/HPL-PVC Edge TFL Wood Grain with 3mm PVC Edge Natural Walnut Square Natural Walnut (Wood Grain) No Grommet No Grommet No Cutout Tag(s): Chiefs Of Mfgr: FST 45 1 6-MCT-78/36 78W 36D Rectangular Worksurface 233.10 233.10 TFL/3DL/HPL-PVC Edge TFL Wood Grain with 3mm PVC Edge Natural Walnut Square Natural Walnut (Wood Grain) No Grommet No Grommet No Cutout Tag(s): Chiefs Of Mfgr: FST 46 1 6-MCT-96/22 96W 22D Rectangular Worksurface 172.05 172.05 TFL/3DL/HPL-PVC Edge TFL Wood Grain with 3mm PVC Edge Natural Walnut Square Natural Walnut (Wood Grain) No Grommet No Grommet No Cutout Tag(s): Chiefs Of Mfgr: FST 47 1 6-NW 1627MPDJVorksurface Height Box/Box/File Pedestal 346.32 346.32 1 without riser Suppo TFL Wood Grain Natural Walnut TFL Wood Grain Natural Walnut TFL Wood Grain Natural Walnut TFL Wood Grain Natural Walnut Finished (TFL) Key Specific Locking Satin Nickel Parallel Tag(s): Chiefs Of Mfgr: FST 48 2 6-NW3622MPDJVorksurface Height File/File Pedestal 466.57 933.14 3 without riser Support, TFL Wood Grain Natural Walnut TFL Wood Grain Natural Walnut TFL Wood Grain Natural Walnut Finished (TFL) Key Specific Locking Satin Nickel Parallel Tag(s): Chiefs Of Mfgr: FST 49 4 CP-1 4 x 4 Clamp Plate 4.44 17.76 Tag(s): Chiefs Of Mfgr: FST PAGE 7 FRANK COONEY COMPANY 1226 N. MICHAEL DRIVE Proposal: 64269A WOOD DALE, IL 60191 (630) 6944800 Date: 08/17/16 FAX (630) 6944804 Project #: 85-111 PROPOSAL FOR: DELIVER TO: City of McHenry City of McHenry 333 S. Green Street 333 S. Green Street McHenry, IL 60050 McHenry, IL 60050 S LESPER ON UST MER P ... DOTE V LID Eileen Reynolds # QTY PRODUCT DESCRIPTION SELL EXTENDED 50 1 FT2198 1-Piece Tackboard Use with 72"W Wallmount 126.17 126.17 Organizers Grade 2 Material Momentum Insight Pepper Tag(s): Chiefs Of Mfgr: FST 51 1 SPTR54 Worksurface Straightener, for unsupported IT76 17.76 Worksurface width Tag(s): Chiefs Of Mfgr: FST 52 1 TL-16 Task Light Energy efficient LED 5200K 161.32 161.32 bulbs 48"W Tag(s): Chiefs Of Mfgr: FST 53 1 SPECIAL-6-2 End Panel for 27.51) Peninsula Worksurface 206.09 206.09 8/27.5TEP TFL Wood Grain Natural Walnut Tag(s): Chiefs Of Mfgr: FST* 54 1 3110.A23 Valence, High Back, Ht./Wd. Adj. Sliding 460.40 460.40 Arms Multi -Function Seat Slider Polished Aluminum Base Standard Hard Wheel Caster (Set of 5) California Technical Bulletin 117-2013 Fabric Grades Grade C Momentum, Canter - Earth Tag(s): Chiefs Of Mfgr: MRK 55 4 F37837XK Balance 22.75x22.625x32.25 Side Chair 496.80 13987.20 Fully Upholstered Back Natural Walnut Grade 9 Material Other Grade 9 Material DESIGNTEX - LATTICE 3678-403, MIDNIGHT Tag(s): Commander' Mfgr: FOS 56 2 6-2822TEP 27.875H End Panel for 22D Peninsula 83.62 167.24 Worksurface TFL Wood Grain Natural Walnut Tag(s): Commander' Mfgr: FST 57 2 6-28MCBB 54.125" to 78" Back Support Panel 152.81 305.62 78 inches none TFL Wood Grain Natural Walnut Finished (TFL) No Access Slot CONTINUED... PAGE 8 FRANK COONEY COMPANY 1226 N. MICHAEL DRIVE WOOD DALE, IL 60191 (630) 6944800 FAX (630) 6944804 PROPOSAL FOR: City of McHenry 333 S. Green Street McHenry, IL 60050 DELIVER TO: City of McHenry 333 S. Green Street McHenry, IL 60050 S LE PERS N U TOMER P ... Eileen Reynolds # QTY PRODUCT DESCRIPTION 58 2 59 2 60 2 61 2 62 2 63 4 Tag(s): Commander' Mfgr: FST 6-7219HDW4 72" x 18.5" Organizer with Doors TFL Wood Grain Natural Walnut TFL Wood Grain Natural Walnut Key Specific Locking (available on TFL, wood, or p Tag(s): Commander' Mfgr: FST 6-MCT-22/48 22W 48D Rectangular Worksurface TFL/31)L/HPL-PVC Edge TFL Wood Grain with 3mm PVC Edge Natural Walnut Square Natural Walnut (Wood Grain) No Grommet No Grommet No Cutout Tag(s): Commander' Mfgr: FST 6-MCT-96/22 96W 22D Rectangular Worksurface TFL/3DL/HPL-PVC Edge TFL Wood Grain with 3mm PVC Edge Natural Walnut Square Natural Walnut (Wood Grain) No Grommet No Grommet No Cutout Tag(s): Commander' Mfgr: FST 6-MCT-78/36 78W 36D Rectangular Worksurface TFL/3DL/HPL-PVC Edge TFL Wood Grain with 3mm PVC Edge Natural Walnut Square Natural Walnut (Wood Grain) No Grommet No Grommet No Cutout Tag(s): Commander' Mfgr: FST 6-NW 1627MPDNorksurface Height Box/Box/File Pedestal 1 without riser Suppo TFL Wood Grain Natural Walnut TFL Wood Grain Natural Walnut TFL Wood Grain Natural Walnut TFL Wood Grain Natural Walnut Finished (TFL) Key Specific Locking Satin Nickel Parallel Tag(s): Commander' Mfgr: FST 6-NW3622MPDNorksurface Height File/File Pedestal 3 without riser Support, TFL Wood Grain Natural Walnut TFL Wood Grain Natural Walnut TFL Wood Grain CONTINUED... PAGE 9 Proposal: 64269A Date: 08/17/16 Project #: 85-111 UOTE VALID SELL EXTENDED 453.62 907.24 106.19 212.38 172.05 344.10 233.10 466.20 346.32 692.64 466.57 1,866.28 FRANK GOONEY COMPANY 1226 N. MICHAEL DRIVE Proposal: 64269A 6i'OOD DALE, IL 60191 (630) 694-8800 Date: 08/17/16 FAX (630) 694-8804 Project #: 85-111 PROPOSAL FOR: DELIVER TO: City of McHenry City of McHenry 333 S. Green Street 333 S. Green Street McHenry, IL 60050 McHenry, IL 60050 ALESPERSON USTOMER P ... QUOTE VALID Eileen Reynolds # QTY PRODUCT DESCRIPTION SELL EXTENDED Natural Walnut Finished (TFL) Key Specific Locking Satin Nickel Parallel Tag(s): Commander' Mfgr: FST 64 8 CP-1 4 x 4 Clamp Plate 4.44 35.52 Tag(s): Commander' Mfgr: FST 65 2 FT2198 1-Piece Tackboard Use with 72"W Wallmount 126.17 252.34 Organizers Grade 2 Material Momentum Insight Pepper Tag(s): Commander' Mfgr: FST 66 2 SPTR54 Worksurface Straightener, for unsupported 17.76 35.52 Worksurface width Tag(s): Commander' Mfgr: FST 67 2 TL-16 Task Light Energy efficient LED 5200K 161.32 322.64 bulbs 48"W Tag(s): Commander' Mfgr: FST 68 2 SPECIAL-6-2 End Panel for 27.SD Peninsula Worksurface 137.27 274.54 8/27.STEP TFL Wood Grain Natural Walnut Tag(s): Commander' Mfgr: FST* 69 2 3110.A23 Valence, High Back, Ht./Wd. Adj. Sliding 460.40 920.80 Arms Multi -Function Seat Slider Polished Aluminum Base Standard Hard Wheel Caster (Set of 5) California Technical Bulletin 117-2013 Fabric Grades Grade C Momentum, Canter -Earth Tag(s): Commander' Mfgr: MRK 70 3 CC-M24TPB Intermix 24x8x28.75 - 8" Deep Panel Base 273.20 819.60 Natural Walnut Tag(s): Conference Mfgr: FOF PAGE 10 FRANK GOONEY COMPANY 1226 N. MICHAEL DRIVE WOOD DALE, IL 60191 (630) 694-8800 FAX (630) 694-8804 PROPOSAL FOR: City of McHenry 333 S. Green Street McHenry, IL 60050 DELIVER TO: City of McHenry 333 S. Green Street McHenry, IL 60050 SALESPERSON GUST MER P 0..: Eileen Reynolds # QTY PRODUCT DESCRIPTION Proposal: 64269A Date: 08/17/16 Project #: 85-111 QUOTE VALID SELL EXTENDED 71 1 CC-P16848BT Intermix 168x48x1.125 Boat -Shaped Top 997.20 997.20 Natural Walnut Square Cutouts for 3 Bases Cutout Only Over 1st, 2nd & 3rd Tag(s): Conference Mfgr: FOF 72 1 CC-M7136BCQntermix 71x20x36 Buffet Door/Drawer 902.40 902.40 Credenza Natural Walnut Square Era Satin Nickel Tag(s): Conference Mfgr: FOF 73 3 PS-80S Power Supply (silver) (2) 15 amp outlets 433.60 1,300.80 (1) HDMI (1) USB ch Tag(s): Conference Mfgr: FOF 74 1 ASK4218 Intermix 42x18x27.75 Deuce Base Kit for 400.00 400.00 72" Rect. or Racetra Luster Grey Luster Grey Tag(s): DC Office Mfgr: FOF 75 4 F37837XK Balance 22.75x22.625x32.25 Side Chair 496.80 1,987.20 Fully Upholstered Back Natural Walnut Grade 9 Material Other Grade 9 Material DESIGNTEX -LATTICE 3678-403, MIDNIGHT Tag(s): DC Office Mfgr: FOS 76 1 6-2822TEP 27.875H End Panel for 22D Peninsula 83.62 83.62 Worksurface TFL Wood Grain Natural Walnut Tag(s): DC Office Mfgr: FST 77 1 6-28MCBB 54.125" to 78" Back Support Panel 152.81 152.81 78 inches none TFL Wood Grain Natural Walnut Finished (TFL) No Access Slot Tag(s): DC Office Mfgr: FST 78 1 6-3619HDW2 36" x 18.5" Organizer with Doors 217.56 217.56 TFL Wood Grain Natural Walnut TFL Wood Grain Natural Walnut Key Specific Locking (available on TFL, wood, or p Tag(s): DC Office Mfgr: FST PAGE 11 FRANK COONEY COMPANY 1226 N. MICHAEL DRIVE WOOD DALE, IL 60191 (630) 6944800 FAX (630) 6944804 PROPOSAL FOR: City of McHenry 333 S. Green Street McHenry, IL 60050 DELIVER TO: City of McHenry 333 S. Green Street McHenry, IL 60050 SALESPERSON USTOMER P ... Eileen Reynolds # QTY PRODUCT DESCRIPTION 79 1 6-7219HDW4 72" x 18.5" Organizer with Doors TFL Wood Grain Natural Walnut TFL Wood Grain Natural Walnut Key Specific Locking (available on TFL, wood, or p Tag(s): DC Office Mfgr: FST 80 1 6-MCT-22/48 22W 48D Rectangular Worksurface TFL/3DL/HPL-PVC Edge TFL Wood Grain with 3mm PVC Edge Natural Walnut Square Skipped Option No Grommet No Grommet No Cutout Tag(s): DC Office Mfgr: FST 81 1 6-MCT-36/22 36W 22D Rectangular Worksurface TFL/3DL/HPL-PVC Edge TFL Wood Grain with 3mm PVC Edge Natural Walnut Square Skipped Option No Grommet No Grommet No Cutout Tag(s): DC Office Mfgr: FST 82 1 6-MCT-72/30 72W 30D Rectangular Worksurface TFL/31)L/HPL-PVC Edge TFL Wood Grain with 3mm PVC Edge Natural Walnut Square Skipped Option No Grommet No Grommet No Cutout Tag(s): DC Office Mfgr: FST 83 1 6-MCT-78/36 78W 36D Rectangular Worksurface TFL/31)L/HPL-PVC Edge TFL Wood Grain with 3mm PVC Edge Natural Walnut Square Skipped Option No Grommet No Grommet No Cutout Tag(s): DC Office Mfgr: FST 84 1 6-MCT-96/22 96W 22D Rectangular Worksurface TFL/31)L/HPL-PVC Edge TFL Wood Grain with 3mm PVC Edge Natural Walnut Square Skipped Option No Grommet No Grommet No Cutout Tag(s): DC Office Mfgr: FST 85 1 6-NW 1627MPDNorksurface Height Box/Box/File Pedestal 1 without riser Suppo TFL Wood Grain Natural Walnut TFL Wood Grain Natural Walnut TFL Wood Grain Natural Walnut TFL Wood Grain Natural Walnut Finished (TFL) Key Specific Locking Satin Nickel Parallel CONTINUED... PAGE 12 Proposal: 64269A Date: 08/17/16 Project #: 85-111 DOTE V LID SELL 453.62 106.19 79.92 173.53 233.10 172.05 346.32 EXTENDED 453.62 106.19 79.92 173.53 233.10 172.05 346.32 FRANK GOONEY COMPANY 1226 N. MICHAEL DRIVE WOOD DALE, IL 60191 (630) 694-8800 FAX (630) 694-8804 PROPOSAL FOR: City of McHenry 333 S. Green Street McHenry, IL 60050 DELIVER TO: City of McHenry 333 S. Green Street McHenry, IL 60050 SALESPERSON USTOMER P 0..: Eileen Reynolds # QTY PRODUCT DESCRIPTION Proposal: 64269A Date: 08/17/16 Project #: 85-111 QU TE V LID SELL EXTENDED Tag(s): DC Office Mfgr: FST 86 3 6-NW3622MPDJVorksurface Height File/File Pedestal 466.57 1,399.71 3 without riser Support, TFL Wood Grain Natural Walnut TFL Wood Grain Natural Walnut TFL Wood Grain Natural Walnut Finished (TFL) Key Specific Locking Satin Nickel Parallel Tag(s): DC Office Mfgr: FST 87 4 CP-1 4 x 4 Clamp Plate 4.44 17.76 Tag(s): DC Office Mfgr: FST 88 1 FT2198 1-Piece Tackboard Use with 72"W Wallmount 126.17 126.17 Organizers Grade 2 Material Momentum Insight Pepper Tag(s): DC Office Mfgr: FST 89 1 FT2204 1-Piece Tackboard Use with 36"W Wallmount 111.00 111.00 Organizers Grade 2 Material Momentum Insight Pepper Tag(s): DC Office Mfgr: FST 90 1 SPTR54 Worksurface Straightener, for unsupported 17.76 17.76 Worksurface width Tag(s): DC Office Mfgr: FST 91 1 TL-14 Task Light Energy efficient LED 5200K 96.94 96.94 bulbs 24"W Tag(s): DC Office Mfgr: FST 92 1 TL-16 Task Light Energy efficient LED 5200K 161.32 161.32 bulbs 48"W Tag(s): DC Office Mfgr: FST PAGE 13 FRANK GOONEY COMPANY 1226 N. MICHAEL DRIVE Proposal: 64269A WOOD DALE, IL 60191 (630) 694-8800 Date: 08/17/16 FAX (630) 694-8804 Project #: 85-111 PROPOSAL FOR: DELIVER TO: City of McHenry City of McHenry 333 S. Green Street 333 S. Green Street McHenry, IL 60050 McHenry, IL 60050 S LE PERSON U TOMER P ... QUOTE VALID Eileen Reynolds # QTY PRODUCT DESCRIPTION SELL EXTENDED 93 1 SPECIAL-6-2 End Panel for 27.SD Peninsula Worksurface 206.09 206.09 8/27.STEP Wood Veneer Natural Walnut Tag(s): DC Office Mfgr: FST* 94 1 3110.A23 Valence, High Back, Ht./Wd. Adj. Sliding 460.40 460.40 Arms Multi -Function Seat Slider Polished Aluminum Base Standard Hard Wheel Caster (Set of 5) California Technical Bulletin 117-2013 Fabric Grades Grade C Momentum, Canter -Earth Tag(s): DC Office Mfgr: MRK 95 1 6-2822TEP 27.875H End Panel for 22D Peninsula 83.62 83.62 Worksurface TFL Wood Grain Natural Walnut Tag(s): Executive Mfgr: FST 96 1 6-28MCBB 54.125" to 78" Back Support Panel 152.81 152.81 72 inches none TFL Wood Grain Natural Walnut Finished (TFL) No Access Slot Tag(s): Executive Mfgr: FST 97 1 6-7219HDW4 72" x 18.5" Organizer with Doors 453.62 453.62 TFL Wood Grain Natural Walnut TFL Wood Grain Natural Walnut Key Specific Locking (available on TFL, wood, or p Tag(s): Executive Mfgr: FST 98 1 6-MCT-22/48 22W 48D Rectangular Worksurface 106.19 106.19 TFL/3DL/HPL-PVC Edge TFL Wood Grain with 3mm PVC Edge Natural Walnut Square Natural Walnut (Wood Grain) No Grommet No Grommet No Cutout Tag(s): Executive Mfgr: FST 99 1 6-MCT-72/22 72W 22D Rectangular Worksurface 135.42 135.42 TFL/3DL/HPL-PVC Edge TFL Wood Grain with 3mm PVC Edge Natural Walnut Square Natural Walnut (Wood Grain) No Grommet No Grommet No Cutout Tag(s): Executive Mfgr: FST PAGE 14 FRANK GOONEY COMPANY 1226 N. MICHAEL DRIVE WOOD DALE, IL 60191 (630) 694-8800 FAX (630) 694-8804 PROPOSAL FOR: City of McHenry 333 S. Green Street McHenry, IL 60050 DELIVER TO: City of McHenry 333 S. Green Street McHenry, IL 60050 SALE PERSON USTOMER P 0..: Eileen Reynolds # QTY PRODUCT DESCRIPTION Proposal: 64269A Date: 08/17/16 Project #: 85-111 QU TE VALID SELL EXTENDED 100 1 6-MCT-72/36 72W 36D Rectangular Worksurface 212.01 212.01 TFL/3DL/HPL-PVC Edge TFL Wood Grain with 3mm PVC Edge Natural Walnut Square Natural Walnut (Wood Grain) No Grommet No Grommet No Cutout Tag(s): Executive Mfgr: FST 101 1 6-NW 1627MPDJVorksurface Height Box/Box/File Pedestal 346.32 346.32 1 without riser Suppo TFL Wood Grain Natural Walnut TFL Wood Grain Natural Walnut TFL Wood Grain Natural Walnut TFL Wood Grain Natural Walnut Finished (TFL) Key Specific Locking Satin Nickel Parallel Tag(s): Executive Mfgr: FST 102 1 6-NW3022MPD1Vorksurface Height File/File Pedestal 425.13 425.13 3 without riser Support, TFL Wood Grain Natural Walnut TFL Wood Grain Natural Walnut TFL Wood Grain Natural Walnut Finished (TFL) Key Specific Locking Satin Nickel Parallel Tag(s): Executive Mfgr: FST 103 4 CP-1 4 x 4 Clamp Plate 4.44 17.76 Tag(s): Executive Mfgr: FST 104 1 FT2198 1-Piece Tackboard Use with 72"W Wallmount 126.17 126.17 Organizers Grade 2 Material Momentum Insight Pepper Tag(s): Executive Mfgr: FST 105 l SPTR48 Worksurface Straightener, for unsupported 15.17 15.17 Worksurface width Tag(s): Executive Mfgr: FST 106 1 TL-16 Task Light Energy efficient LED 5200K 161.32 161.32 bulbs 48"W Tag(s): Executive Mfgr: FST PAGE 15 FRANK COONEY COMPANY 1226 N. MICL EL DRIVE Proposal: 64269A WOOD DALE, IL 60191 (630) 694-8800 Date: 08/17/16 FAX (630) 6944804 Project #: 85-111 PROPOSAL FOR: DELIVER TO: City of McHenry City of McHenry 333 S. Green Street 333 S. Green Street McHenry, IL 60050 McHenry, IL 60050 SALE PERSON UST MER P 0..: QUOTE V LID Eileen Reynolds # QTY PRODUCT DESCRIPTION SELL EXTENDED 107 1 SPECIAL-6-2 End Panel for 27.513 Peninsula Worksurface 137.27 137.27 8/27.5TEP TFL Wood Grain Natural Walnut Tag(s): Executive Mfgr: FST* 108 1 F37837XK Balance 22.75x22.625x32.25 Side Chair 496.80 496.80 Fully Upholstered Back Natural Walnut Grade 9 Material Other Grade 9 Material DESIGNTEX - LATTICE 3678403, MIDNIGHT Tag(s): IT Supervi Mfgr: FOS 109 1 6-2812SB 12W 12D 27.875H Support Base 104.34 104.34 TFL Wood Grain Natural Walnut Tag(s): IT Supervi Mfgr: FST 110 1 6-823555 106W 22D Rectangular Worksurface 199.06 199.06 TFL/3131,/HPL-PVC Edge TFL Wood Grain with 3mm PVC Edge Natural Walnut Square Natural Walnut (Wood Grain) No Grommet No Grommet No Cutout Tag(s): IT Supervi Mfgr: FST 111 1 6-KMPD TFL Wood Grain and TFL Solid Colors,84"- 134.31 134.31 66" x 11.75" Modest 66 inches none TFL Wood Grain Natural Walnut Tag(s): IT Supervi Mfgr: FST 112 1 6-MCT-54/30 54W30D Rectangular Worksurface 152.07 152.07 TFL/3131,/HPL-PVC Edge TFL Wood Grain with 3mm PVC Edge Natural Walnut Square Natural Walnut (Wood Grain) No Grommet No Grommet No Cutout Tag(s): IT Supervi Mfgr: FST 113 1 6-NW 1622MPI)Norksurface Height Box/Box/File Pedestal 311.17 311.17 1 without riser Suppo TFL Wood Grain Natural Walnut TFL Wood Grain Natural Walnut TFL Wood Grain Natural Walnut TFL Wood Grain Natural Walnut Finished (TFL) Key Specific Locking Satin Nickel Parallel Tag(s): IT Supervi CONTINUED... PAGE 16 FRANK GOONEY COMPANY 1226 N. MICHAEL DRIVE Proposal: 64269A WOOD DALE, IL 60191 (630) 694-8800 Date: 08/17/16 FAX (630) 694-8804 Project #: 85-111 PROPOSAL FOR: DELIVER TO: City of McHenry City of McHenry 333 S. Green Street 333 S. Green Street McHenry, IL 60050 McHenry, IL 60050 S LESPERS N U TOMER P ... QU TE V LID Eileen Reynolds # QTY PRODUCT DESCRIPTION SELL EXTENDED Mfgr: FST 114 2 6-NW3022MPDNorksurface Height File/File Pedestal 425.13 850.26 3 without riser Support, TFL Wood Grain Natural Walnut TFL Wood Grain Natural Walnut TFL Wood Grain Natural Walnut Finished (TFL) Key Specific Locking Satin Nickel Parallel Tag(s): IT Supervi Mfgr: FST 115 3 CP-1 4 x 4 Clamp Plate 4.44 13.32 Tag(s): IT Supervi Mfgr: FST Tag Above: Second Floor 116 27 6023 Y/E3 SitOnIt Torsa High Back. Mesh back, 365.24 9,861.48 adjustable height arms, Upholstered seat:Metro/Grand Central 117 4 F12311 JSI Finn Lounge Chair. Upholstered seat 1,449.48 5,797.92 and back:Momentum:Scan/Ondine. Clear on Walnut finish 118 3 RG D404 Great Openings 36"w 5 drawer lateral file. 625.00 1,875.00 Top drawer pulls out. side to side filing. Silver 119 2 1011 FT1 SitOnIt Lumin 4 legged chair with 225.86 451.72 arms.SC13 Carotene shell/ Upholstered seat: Brisa Fresco:Sea Glass 120 2 24880E Industrial Shelving Upright, Open end 40.00 80.00 24"dx88"h 121 1 2488OT Industrial Shelving Upright, Open 48.00 48.00 Intermediate, 24"dx88"h 122 14 24R Industrial Shelving Reinforcement 24"d 4.00 56.00 Installation and Garbage Removal. Non Union Freight Charges for Rockford Enterprises Shelving OFS/Highmark Pricing per TCPN Contract #R142213 JSI Pricing Per TCPN Contract #R142217 Sit On It Pricing Per TCPN Contract #R142205 PAGE 17 FRANK GOONEY COMPANY 1226 N. MICHAEL DRIVE WOOD DALE, IL 60191 (630) 694-8800 FAX (630) 694-8804 PROPOSAL FOR: City of McHenry 333 S. Green Street McHenry, IL 60050 SALESPERS� Eileen Reynolds # QTY PRODUCT DATE ACCEPTED ACCEPTED BY DELIVER TO: City of McHenry 333 S. Green Street McHenry, IL 60050 U TOMER P ... DESCRIPTION Great Openings/Rockford Enterprises Pricing Per NCPA Contract #07-29 SUBTOTAL....: INSTALLATION FREIGHT.....: TOTAL Proposal: 64269A Date: 08/17/16 Project #: 85-111 QUOTE V LID SELL 60,760.21 4,000.00 57.20 64,817.41 EXTENDED PAGE 18 OF 18 1 2 PROPOSAL E'OR: I"GM Architects 1211 West 22dn Street Suite 705 Chicago,IL 60523 SALESPERSON Julie Turner QTY PRODUCT 9 AE113AWC AJ G1 C7 BK 3D 01 554 Bond Street LincolnshireIL 60069 647,325.1000 TEL 647,325,1001 FF 205 West Wacker, Suite 1700 Chicago, EL 60606 312.212.5100 TEL 312.212.5101 Fax 1240 E i)iehl Rd, Suite 10S Naperville, IL 60563 630.563.4700 TEL 630.563.4701 Fat INSTALL AT: ['GM Architects 1211 West 22dn Street Suite 705 Chicago,IL 60523 CUSTOMER P/0..: DESCRIPTION +Wk Chr,Aeron,Std-Ht Pneu.,Tlt Lim/Ang,Adj Arms,NonuphstPds/C DATE: 07/78/16 PROPOSAL: 136463 PROJECT#: 135-18 QUOTE VALID 07/18/16 5ELL 720.96 +adjustable lumbar support +graphite +2 1/2" caster, black yoke, hard floors or carpet +black +pellicle -Pr Cat 1 +pellicle classic carbon Herman Miller Inc 1 TSQ ;{ 68483 RECEIVE, DELIVER, & INSTALL ALL PRODUCT DURING NORMAL BUS.HOURS II - Internal Installation & Delivery THE TERMS ON THE REVERSE SIDE ARE INCORPORATED ZN AND MADE A PART OE' THIS AGREEMENT. SALES TAX RATE SUBJECT fi0 CHANGE EFFECTIVE 7./�./16 12e.00 Please Remit: To: Interior Investments, LLC Loekbox Number 778208 8208 Solutions Center Chicago, IL 60677-8002 SUBTOTAL....: DEPOSIT REQUIRED: 1,100.00 INSTALL..... ACCEPTED BY SALES TAX...: EXTENDED 2,883.84 128.00 128.00 216.29 DATE ACCEPTED PAGE 1 OF 1 TOTAL $ 3,228.13