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Home My WebLink AboutPacket - 03/07/2016 - City CouncilAGENDA REGULAR CITY COUNCIL MEETING Monday, March 7, 2016, 7:00 PM Call to Order 2. Roll Call 3. Pledge of Allegiance 4. City of McHenry Mission Statement Motion to approve a Resolution honoring Pastor Roger & Rosemary Schneider of Shepherd of the Hills Church 6. 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. 7. Motion to approve the following Consent Agenda Items: A. Resolution adopting Illinois Municipal Retirement Fund (IMRF) Veterans Benefits; B. Award of bid to Merryman Excavation for construction of Sanitary Sewer System Improvements Forcemain Extension for an amount not to exceed $2,916.249.50; C. Award of bid to Tecorp, Inc. for construction of Water Tower #3 Maintenance & Repair for an amount not to exceed $284,600; D. Tenant Farm Lease Agreement between the City of McHenry and Charles Schaefer for the Petersen Farm Ball Field Annex property for a one-year term at $175/acre for a total of $3,500; E. Intermittent closure of Center Street and Kane Avenue during the McHenry High School Marching Band Festival from 12:00 to 6:00 PM on Saturday, September IOtn ; F. Special Event Liquor License for Summer Concert Series in Veterans Memorial Park; G. Special Event Liquor License for The Church of Holy Apostles Annual Fundraiser on April 7'11; H. Special Use/Park Picnic Permits; and I. List of Bills in the amount of $636,656.81. Motion to approve the Mayor's execution of a Revolving Loan Agreement modification and Personal Guaranties between the City of McHenry and Utopian Roast, LLC d/b/a Hidden Pearl Cafe 9. Motion to approve an Ordinance granting a Zoning Map Amendment from I-1 Industrial to C-5 Highway Commercial for property located at 4104 West Elm Street 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. N McHenry City Council Agenda March 7, 2016 Page Two 10. Motion to approve an Ordinance granting a Conditional Use Permit for Assembly Use (Educational Institution) for Riverwood School, 300 S Driftwood Trail 11. Motion to approve an Ordinance granting a Zoning Map Amendment from 0-2 Office to RS-3 Medium - High Density Single -Family Residential for property locate at 305 N Dale Avenue 12. Motion to approve an Ordinance authorizing the execution of a Grant of Easement and Assignment of Lease Agreement between the City of McHenry and Global Signal Acquisitions IV, LLC for the Telecommunications Tower located at 1415 Industrial Drive 13. Mayor's Statement and Reports 14. Committee Reports 15. Staff Reports 16. Future Agenda Items 17. Executive Session: Discussion regarding litigation on behalf of the City pursuant to 5 ILCS 120/7/(c)(11) 18. 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. R-16-004 RESOLUTION WHEREAS, 47 years ago, Pastor Roger and Rosemary Schneider began a ministry at Shepherd of the Hills Church., They have devoted 47 years to our community and now we celebrate the beginning of a new chapter in their lives as they step into retirement. WHEREAS, Pastor & Mrs. Schneider can look back with pride at their many accomplishments such as taking a three year old mission and leading it through four building programs and paying them off. They developed nine music groups over the life of the church and throughout the years offered a great variety of educational opportunities for children and adults along with fellowship opportunities; and WHEREAS, Pastor &Mrs. Schneider worked diligently and successfully to renovate and upgrade church property and they have acted in all matters with the welfare of the community uppermost in their minds; and WHEREAS, During Pastor Schneider's tenure with Shepherd of the Hills, he baptized almost four thousand souls, performed over two thousand weddings, and conducted over two thousand funerals. All those who witnessed these events would testify to Pastor Schneider's commitment to the families during these special times. WHEREAS, Our community is grateful to Roger &Rosemary Schneider for their contributions to our community and the many prayers they said on our behalf; they will be truly missed. NOW, THEREFORE, BE IT RESOLVED, the McHenry City Council goes on record recognizing the many contributions and accomplishments of Pastor Roger &Rosemary Schneider and expresses its appreciation and gratitude to them on behalf of the citizens of McHenry. BE IT FURTHER RESOLVED that this Resolution is incorporated into the minutes of this meeting with a copy presented to Pastor Roger &Rosemary Schneider. APPROVED this 7th day of March 2016 Susan E. Low, Mayor ATTEST: Janice C. Jones, City Clerk .Zdvnh�� M CONSENT AGENDA TO: Mayor and City Council FROM: Derik Morefield, City Administrator Ann Campanella, Human Resources Manager FOR: March 7, 2016 Regular City Council meeting Office of the Chief of Police John M.Jones McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2200 Fax: (815) 363-2149 www.ci.mchenry.il.us RE: Resolution Adopting Illinois Municipal Retirement Fund (IMRF) Veterans Benefits ATT: Resolution BACKGROUND The Illinois Municipal Retirement Fund (IMRF) offers a program that allows military veterans with military service earned before participating in IMRF, or veterans that did not return to IMRF participation within 90 days of discharge, to convert military service into IMRF service credit. Currently 348 municipalities in Illinois offer this program to veterans. This opportunity only applies to employees who are eligible for IMRF retirement benefits or, in our case, non - police. employees. The City of McHenry currently has six (6) non -police employees who are military veterans who would be eligible for this program. ANALYSIS In summary, to activate this opportunity, the employer must first pass a resolution to allow IMRF service credit for employees who are veterans. This resolution is provided for Council consideration this evening. Once the resolution is adopted, to obtain the service credit, an employee must submit an application and military discharge papers to IMRF to verify eligibility for the program. The employee may choose to buy back service in 12 month increments up to 48 months. After an applicant has been approved by IMRF, there is an immediate cost to the member for "buy in" to the program. Factors that contribute to cost are the employee's military service timeframe, an employee's beginning and current salary, and the number of months purchased (again, 48 months is the maximum amount). The City's cost portion, unlike the member buy in, is amortized over a 25 year period as a portion of the Citys regular IMRF contributions and, as such, will have a minimal impact on the City's overall IMRF contributions. Importantly, expense to the City only occurs once the employee's application is approved by IMRF and the employee contribution payment is processed. RECOMMENDATION Therefore, if Council concurs, it is recommended that a motion be made to adopt the attached Resolution adopting to allow military service credit in the Illinois Municipal Retirement Fund (IMRF) to eligible members who are military veterans. —�� Suggested Form of Resolution to Allow Service Credit for Military Service Member did not return to IMRF within 90 days of discharge OR military service earned prior to participation IMRF Form 63A (08/2007) PLEASE NOTE: This form is to be used for militaryservice that • interrupted IMRF participation but member did not return to IMRF within 90 days of discharge OR • was earned prior to IMRF participation Use Form 6.62: for military service that interrupted IMRF participation with NO restrictions on amount of service credit Use Form 6.62A: for military service that interrupted IMRF participation but WITH restrictions on amount of service credit OR specific military operations involved to receive service credit, PLEASE ENTER Employer IMRF I.D. Number ALL BLANK SPACES ON THIS FORM MUST BE FILLED IN. RESOLUTION Number WHEREAS, Article 7 of the Illinois Pension Code (40 ILCS 5/7-139) provides that the governing body of a governmental unit may elect to allow service credit in the Illinois Municipal Retirement Fund to members who served in the armed forces of the United States for all periods of such service prior to their participation in IMRF OR whose participation was interrupted by military leave but did not return to IMRF participation within 90 days of discharge, and WHEREAS, such allowance of service credit cannot be limited to a specific IMRF member and applies to all employees who were in active participating status under IMRF on the date this resolution was adopted; RESOLVED, that the of BOARD, COUNCIL, ETC. EMPLOYER NAME elects to allow service credit to members who served in the armed forces of the United States for up to four years of service, prior to their participation in the Illinois Municipal Retirement Fund; FURTHER RESOLVED, that the CLERK OR SECRETARY shall be directed to file a certified copy of this resolution with the Board of Trustees of the Illinois Municipal Retirement Fund and that this resolution shall remain in full force and effect until modified or rescinded and notice of such modification or rescission has been filed with the Board of Trustees of the Illinois Municipal Retirement Fund. This resolution is not limited to a specific military operation. CERTIFICATION NAME the CLERK OR SECRETARY OF THE BOARD of the County of EMPLOYER NAME COUNTY State of Illinois, do hereby certify that I am keeper of its books and records and that the foregoing is a true and correct copy of a resolution duly adopted by its BOARD, COUNCIL, ETC. anA held on the SEAL at a meeting duly convened CLERK OR SECRETARY OF THE BOARD Illinois Municipal Retirement Fund Suite 500, 2211 York Road, Oak Brook Illinois 60523-2337 Service Representatives 1-800-ASK-IMRF (1-800-275-4673) IMRF Form 63A (8/2007) www.imrf.org 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: March 7, 2016 T0: Mayor and City Council FROM: Jon M. Schmitt, Director of Public Works RE: McHenry Sanitary Sewer System Improvements Forcemain Extension Bid Award ATT: HR Green, Inc. bid recommendation and tabulation BACKGROUND: In June 2015 the City Council authorized staff to seek competitive bids for the decommissioning of the Central Wastewater Treatment Plant (CWWTP) and consolidation with the South Wastewater Treatment Plant (SWWTP). A portion of the project, the construction of a 24-inch sanitary sewer forcemain, was separately bid due to the specialization of the project as distinct from the SWWTP expansion. Bid information was made available on June 5, 2015 with a due date of July 24, 2015. As Council may recall, the engineer's opinion of probable cost (EOPC) at that time was $1,400,000 and the single low bidder was R.A. Mancini Inc. with a bid amount of $5,126,630. As a result of this bid amount, staff recommended and Council approved, the rejection of the bid with hope that rebidding the project at a later date would result in a decreased bid price. At the January 4, 2016 City Council meeting, the City Council authorized staff to publicly bid the McHenry Sanitary Sewer System Improvements Forcemain Extension Project. A pre -bid meeting was held on February 5th and five (5) contractors attending this non -mandatory meeting. ANALYSIS: The following sealed bids for the McHenry Sanitary Sewer System Improvements Forcemain Extension Project were received on February 23, 2016: • RJ Underground, Inc. $4,508,340.00 • R.A. Mancini Inc. $3,348,062.00 The City of McHenry is dedicated to providing the citizens, businesses and visitors of McHenry with the highest quality of programs and services in acustomer-oriented, efficient and fiscally responsible manner. • Merryman Excavation $219161249.50 HR Green, Inc. has analyzed and checked the bids for accuracy and recommends awarding the bid to Merryman Excavation of Woodstock, Illinois in an amount not to exceed $2,916,249.50. The engineer's opinion of probable cost (EOPC) is $2,279,100.00. As a side note, Merryman was the contractor for the initial phase of the forcemain project. As identified during the recent discussion regarding the Fund Balance and Reserve Policy, there is $1,195,910 available in the Capital Development Fund and a $2,766,996 surplus available in the Water/Sewer Fund for this project. Since this project will provide a benefit for both system capacity and existing users it is appropriate that funding from both funds be used for the project. Therefore, the full $1,195,910 from the Capital Development Fund and $1,720,339.50 of the Water/Sewer Fund surplus will be used for this project. RECOMMENDATION: Therefore, if Council concurs, it is recommended to award the bid to Merryman Excavation of Woodstock, Illinois for the construction of the McHenry Sanitary Sewer System Improvements Forcemain Extension Project in an amount not to exceed $2,9161249.50. The City of McHenry is dedicated to providing the citizens, businesses and visitors of McHenry with the highest quality of programs and services in acustomer-oriented, efficient and fiscally responsible manner. HRGreen February 25, 2016 Mr. Jon M. Schmitt Director of Public Works City of McHenry 1415 Industrial Drive McHenry, Illinois 60050 RE: McHenry Sanitary Sewer System Improvements Forcemain Extension Recommendation of Award HR Green Job No. 86130341.01 Dear Mr. Schmitt: Bids for the above referenced improvement were received on February 23, 2016. We have analyzed the bids, and verified them for accuracy with the contractors, and have reviewed the submitted references and qualifications, and find Merryman Excavation, Inc. of Woodstock, Illinois, to be the lowest qualified bidder at their bid amount of $2,916,249.50. There were three (3) submitted bids on this project. The bids ranged from a low bid of $2,916,249.50 submitted by Merryman Excavation, Inc. to a high bid of $4,508,340.00 submitted by RJ Underground, Inc. The Engineer's Opinion of Probable Construction Cost for this project was $2,279,100.00. This cost was developed through extensive research with contractors and material suppliers throughout the county that specialize in this type of project and was revised during bidding due to changes made to connect to the existing Sanitary Treatment Plant Consolidation project. At this time, HR Green is recommending the City award the contract to Merryman Excavation, Inc. in the amount of $2,916,249.50. A copy of the Bid Tabulation is enclosed herewith Very truly yours, HR GREEN, INC. �'� J. Chad Pieper, P.E. City Engineer SM/CJP Enclosure Cc: Russell Ruzicka —City of McHenry Hrgmhnas:\\O \66130341\86130341 01\Design\Bid\Re-Bids 022316 Please call if you have any questions. HR��r�er� u•�1�� i .,, , AYri..`�FLri.177fi 1 <i':t R15.:3fL5.17f81 bill f-rF i liL7LI.7?FS.7}tfY1-i Bid Tabulation McHenry Sanitary Sewer System Improvements Force Main Extension City of McHenry February 23, 2016 Job No. 86130341,01 10% Contingency $ 189,925.OD 10%Mobilization $ 189,925.00 Project Total $ 2,279,100.00 RJ Underground Inc. RA Mancini Inc. Merryman Excavation Inc. BID BID BID Unit Price Total Cost Unit Price Total Cost Unit Price Total Cost $450.00 $ 129,600,00 $470,00 $ 135,360.00 $568,50 $ 163,728.00 $990,00 $ 2,250,270.00 $720,00 $ I,636,560.00 $680.00 $ 1,545,640.00 $1,500,00 $ 11729,500,00 $880,00 $ 17014,640.00 $927,50 $ 1,069,407.50 $25,000.00 $ 25,000,00 $5,000,00 $ 51000,00 $4,225,00 $ 4,225.00 $70.00 $ 271720.00R$651000,00 .00 $ 23,760.00 $61.00 $ 24,156.00 $22,500.00 $ 45,000,00.00 $ 34,000.00 $91877.00 $ 19,754.00 $15,000.00 1 15,000.00.00 $ 5,000.00 $9,501,00 $ 9,501.00 $1757000.00 $ 175,OD0.00.00 $ 400,000.00 $9,501,00 $ 9,501.00 $150,00 $ 71050,00.00 $ 23,030.00 $190,00 $ 8,930.00 $125,00 $ 71750.001,00 $ 51022,00 $103,50 $ 6,417.00 $65,O00000 $ 65,000,00400 $ 159000,00 $12,020.00 $ 12,020.00 $7,500,00 $ 71500,00,00 $ 59000,00 $1,900.00 $ 1,900.00 $75,000,00 $ 11,250,00.00 $ 91750,00 $144,280.00 $ 21,642,00 $500.00 $ 7,OOO.OD0000 $ 14,000,00 $443,50 $ 61209,00 $5,00 $ 3,350.00 $7.00 1 49690,00 $6,85 $ 41589,50 $3,00 $ 2,250.00 $13.00 $ 9,750.00 $6.65 $ 41987,50 $100,00 $ 100,00 $7,500.00 $ 71500,00 $3,642,00 $ 33642.00 As -read total Correct total $ $ 4,508,340.00 4,508,340.00 As -read total Correct total $ $ 3,348,062.00 31348 062m As -read total Correct total $ $ 23916,249.50 239167249.50 O:\86130341\86130341.01\Design\Bid\Re-Bids 022316\bidtab_ McHenryForceMain_022316.x1sx 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: March 7, 2016 TO: Mayor and City Council FROM: Jon M. Schmitt, Director of Public Works RE: Water Tower #3 Maintenance and Repair Bid Award ATT: HR Green, Inc. bid recommendation/ tabulation and water tower logo scheme BACKGROUND: At the November 2, 2015 City Council meeting, the City Council authorized staff to publicly bid the Water Tower #3 Maintenance and Repair Project. Water Tower #3 is located on the east side of the river in Adams Business Park. Tower #3 is a 750,000 gallon spheroid style tank and was constructed in the year 2000. The Capital Improvement Program includes $300,000 for the maintenance and repair of Water Tower #3. The City Council has previously approved a Professional Services Agreement on November 2, 2015 with HR Green to complete engineering design, bidding services and construction observation services on a time and material basis, not to exceed $37,833. The bid specifications also included two alternate bid items: installation of a new aviation light and cable support relocation. ANALYSIS: The following sealed bids for the Water Tower #3 Maintenance and Repair Project were received on February 23, 2016: • L.C. United Painting Co. • MaxcorInc • Tecorp, Inc. Jetco, Inc. • I . base bid: $339,000.00; alternate bid: $5,500.00 base bid: $434,520.00; alternate bid: $41790.00 base bid: $282,000.00; alternate bid: $2,600.00 base bid: $391,290.00; alternate bid: $2,800.00 HR Green, Inc. has analyzed and checked the bids for accuracy and recommends awarding the bid including the alternate bid items to Tecorp, Inc. of Joliet, Illinois in an amount not to exceed $284,600.00. The Engineer's Opinion of Probable Construction Cost (EOPC) for this project was The City of McHenry is dedicated to providing the citizens, businesses and visitors of McHenry with the highest quality of programs and services in acustomer-oriented, efficient and fiscally responsible manner. $314,505.00. This number was calculated by applying an annual cost increase to the budget numbers provided to the City by Dixon Engineering, Inc. in an inspection report from 2013. At the January 4, 2016 City Council Meeting, the City Council mentioned their concern about the current logo on the Water Tower and the inability to recognize the picture of the fox which is featured as a water mark. Therefore staff is recommending updating the logo as presented on the attached picture; the updated logo is currently used throughout the city. RECOMMENDATION: Therefore, if Council concurs, it is recommended to award the bid to Tecrop, Inc. of Joliet, Illinois for the construction of the Water Tower #3 Maintenance and Repair Project in an amount not to exceed $284,600.00 and to use the updated city logo as presented on the attached picture. The City of McHenry is dedicated to providing the citizens, businesses and visitors of McHenry with the highest quality of programs and services in acustomer-oriented, efficient and fiscally responsible manner. AIR .UM February 25, 2016 Mr. Jon M. Schmitt Director of Public Works City of McHenry 1415 Industrial Drive McHenry, Illinois 60050 RE: McHenry Water Tower No. 3 Repainting and Maintenance Repair Recommendation of Award HR Green Job No. 86150205 Dear Mr. Schmitt: Bids for the above referenced improvement were received on February 23, 2016. There were four (4) submitted bids on this project. The base bids ranged from a low bid of $282,000.00 submitted by Tecorp, Inc. to a high bid of $434,519,00 submitted by Maxcor, Inc. The Engineer's Opinion of Probable Construction Cost (EOPC) for this project was $314,505.00. This number was calculated by applying an annual cost increase to the numbers provided to the City by Dixon Engineering, Inc. in an inspection report from 2013. This number was then verified using recent costs from similar projects. HR Green has completed analyzing the bids, verifing project references and bonding documents, and find Tecorp, Inc., of Joliet, Illinois, to be the lowest qualified bidder at the base bid amount of $282,000000, Alternate bid item prices for installation of a new aviation light and relocation of an antenna support structure were also requested in the bidding documents and are detailed in the attached bid tabulation; Tecorp Inc.'s bid amounts were $1,400.00 and $1,200,00 respectively. HR Green's EOPC indicates that these are reasonable values for this work. City staff has indicated that they do want this work included in this contract. Therefore, HR Green is recommending the City award the contract to Tecorp, Inc. to complete the base bid items in the amount of $282,000.00 and also the alternate bid items in the $2,600.00 for a total contract amount of $ 284,600.00. A copy of the Bid Tabulation is enclosed herewith. Please call if you have any questions. Very truly yours, HR GREEN, INC. (0e la J. r000t Chad J. Pieper, P.E. City Engineer SM/CJP Enclosure Cc: Mike Palmer —City of McHenry H rgmhn as:\\O:\86150205\Desion\Bid\Itr-022416-R ecom mendAward HFiGreer;.cot7a !="h�i7� $15.�5.1778 i�t>.x 81�.38�.1731 Tull �ri=� �00.7��.7805 4�� hfart�} Fr�ant ttt�, �t�iE� SG'f, F�t�Heri�y, 141irr.:i!; +_,."r� �, Bid Tabulation McHenry Water Tower No, 3 Repainting and Maintenance Repair City of McHenry February 23, 2016 Job No. 86150205 Base Bid Items 10% Contingency $ 28,591.40 Base Bid Total $ 314,505.40 Alternate Bid Items Teco'p Inc. LC United Painting Co. Inc. Jetco LTD Maxcor Inc. BID BID BID Unit Price Total Cost Unit Price Total Cost Unit Price Total Cost Unit Price Total Cost $70,700.00 $ 709700.00 $166,000.00 $ 166,000,00 $145,900.00 $ 145,900.00 $196270.00 $ 196,270,00 $42 000.00 $ 42,000.00 $34 000.00 $ 34,000,00 $44,800.00 $ 44,800.00 $73,626,00 $ 73,626,00 $156,600,00 $ 1567600,00 $124000.00 $ 124000,00 $190,190.00 $ 190,190.00 $142,793.00 $ 142.,793.00 $2,500.00 $ 2,500.00 $4000.00 $ 41000,00 $52400,00 $ 51400,00 $10100.00 $ 10,100.00 $1,700,00 $ 1,700.00 $2,000.00 $ 21000,00 $1,800.00 $ 11800.OD $2,530.00 $ 21530,00 $8,500.00 $ 82500.00 $9,000.00 $ 93000.00 $3,200.00 $ 3,200.00 $9 200.00 $ 91200,00 As -read total $ 262,000.DO As -read total $ 339,000.00 As -read total $ 3913290,00 As -read total $ 434,520.00 Correct total $ 282,000.00 Correct total $ 339,000.00 Correct total $ 391,290,00 Correct total $ 434,519.00 Q Engineer's Opinion Unit Price Total Cost Unit Price BI Total Cost lT _ Unit Price Total Cost Unit Price Total Cost Unit Price BID Total Cost Item Descri tion Unit Total 7 Install New Aviation Li ht L SUM 1 $1,168.03 $ 1,158.00 $1,400,00 $ 1,4D0.00 $ 2,500.00 $1 8700 $ 1,800.00 $2,250.00 $ 21250,00 8 Cable Support Relocation L SUM 1 $1,500.00 $ 1,500.00 $1,200.00 $ 112DO.00 $ 3,000.00 $1,000.00 $ 12000,00 $2,540,00 $ 2,540.00 Sub -total $ 2,658.00 10% Contingency $ 265,80 As -read total n/a As -read total n/a As -read total n/a As -read total n/a Alternate Bid Total $ 2,923.80 Correct total $ 2,600.00 Correct total $ 5,500.00 Correct total $ 2,800.00 Correct total $ 4,790.00 0:\86150205\DesignlBidlbidtab_ WaterTower3_022316.x1sx Clue vase: New Logo 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: Marcy 7, 2016 Regular City Council Meeting RE: Petersen Park Ball Field Annex Farm Lease ATT: Lease Agreement On February 1 St, the City Council authorized staff to advertise for proposals for lease of the Petersen Farm Ball Field Annex property. This 20-acre parcel was formally leased by Tom King for $173/per acre for a total of $3,454. The average for McHenry Council land lease rate is $212 per acre. Two proposals were submitted and opened on March 1 St. The results were: Total Kevin Bauer $115/acre $23300 Charles Schaefer $175/acre $3,500 Staff is recommending approval of the proposal submitted by Charles Schaefer for $175/acre. If Council concurs, it is recommended to accept the proposal submitted by Charles Schaefer as presented. The City of McHenry is dedicated to providing its citizens, businesses, and visitors with the /tighest quality of programs and services in acustomer-oriented, efficient, and fiscally responsible manner. PETERSEN BALL FIELD ANNEX LEASE AGREEMENT This Lease Agreement, made and entered into this day of 2016, by and between the City of McHenry, 333 S. Green Street, McHenry, Illinois hereinafter referred to as "Lessor," and hereinafter referred to as "Lessee." RECITALS WHEREAS, Lessor is the legal owner of the following described real estate: approximately 20 acres located south of McCullom Lake Road (PIN 09-27-22&002) on southern edge of Petersen Park, on the northerly border of Mill Creek Subdivision, located in the County of McHenry, State of Illinois, and more fully described in the attached site plan, Exhibit A (the "Premises"), excluding the 8046ot easement area depicted on the site plan along the western boundary of the property and including the existing barn for hay and farm equipment storage purposes. WHEREAS, Lessor wishes to lease to Lessee, and the Lessee wishes to lease from Lessor, the Premises. Now therefore, in exchange for the mutual covenants and conditions expressed herein, the receipt and sufficiency of which is hereby acknowledged, the parties hereto agree as follows: I. Term. This Lease Agreement shall commence on the 15` day of March 2016, and end on the N ' day of February 2017. Lessee covenants with Lessor, that at expiration of the term of this Lease Agreement, he will yield up the possession of the Premises to Lessor without further demand or notice, in as good order and condition as when this Lease Agreement was entered upon by Lessee, ordinary wear excepted. II. Rent. Lessee agrees to pay Lessor rent in the amount of $175 per acre for a total of $3,500, payable on November 1, 2016. In the event any payment of Rent is received by Lessor more than five (5) days after such Rent payment is due, such payment shall include a late payment penalty in an amount equal to five percent (5%) of the Rent due each day thereafter that such payment is delinquent. III. Use of the Premises. Lessee may use the Premises for farming purposes only. N. Obligations of Lessee. It is further expressly understood and agreed between the parties hereto, as follows: 1. Lessee shall not to burn anything on said Premises. 2. Lessee shall use the premises solely for agricultural purposes. Animals and livestock will not be permitted on said premises. 3. Lessee shall preserve and keep the trees, vines and shrubbery that now are or shall be planted on the Premises, from injury by ploughing, or from animals and further, to keep all necessary ditches and drains ploughed and cleaned out during the continuance of this Lease Agreement. 4. Lessee shall keep said Premises, including the hedges and fences, in proper and necessary repair. If Lessee fails to do so, Lessor may enter upon the Premises and make all proper and necessary repairs, and the cost thereof shall be additional rent, due and owing from Lessee to Lessor immediately. 5. If Lessee shall fail to cultivate said Premises as herein agreed, or shall fail to keep any of the covenants contained in this Lease Agreement, or shall assign this Lease Agreement, or shall sublet said Premises, or any part thereof, without the prior written consent of Lessor, then this Lease Agreement shall, at the election of the Lessor, be null and void, and Lessor, or his legal representative, shall have the right to take possession of said Premises, using such force as may be necessary, with or without process of law; and all damage growing out of a failure to perform any of the covenants of this Lease Agreement shall be added to and become a part of the rent, recoverable as rent. 6. Lessor reserves the right for itself, its employees, and its officers assigns or respective buyers to enter upon said Premises at any time, for the purpose of viewing same or making repairs or improvements thereon. 7. Lessor reserves the right to terminate this lease without notice to Lessee relative to all or part of the Premises for any reason whatsoever. Said portion of the land removed from this Lease Agreement will result in reduced Rent on a prorated basis. If there are crops on the Premises being removed from this Lease Agreement, Lessor shall pay Lessee the fair market value per bushel of said crops as of the date of said crops removal as established by the Stade Grain Company located in Marengo, Illinois, or a similar grain company located in McHenry County, Illinois, as agreed to by the parties. If the Lessor and Lessee are unable to reach an agreement as to the compensation due Lessee, each party will secure a representative who will be designated to resolve any disputes. The decision of the representatives will be final and binding on both parties. Failure of the representatives to agree shall qualify either party to file suit to resolve the issues. 8. Lessee agrees to follow present soil conservation practices as required for by the Soil Conservation Service for McHenry County to control soil loss. 9. Lessee agrees not to use any hazardous materials on said Premises. If Lessee does use any hazardous materials, the cost of cleanup will be paid by the Lessee. Lessor may initially pay, at its discretion for any cleanup however, Lessee shall reimburse Lessor for any costs incurred in the cleanup process. Any damage stemming from use of hazardous materials shall be construed as a material breach of this lease and shall be added to and become part of the rent, recoverable as rent. V. Entire Agreement. This Lease Agreement contains the entire understanding between the parties and supersedes any prior understandings or agreements between them respecting the subject matter. No representations, arrangements, or understandings except those fully expressed herein are, or shall be binding upon the parties. No changes, alterations, modifications, additions or qualifications to the terms of this lease shall be made or be binding unless made in writing and signed by each of the parties. VI. Attorneys Fees. The prevailing party in any action or proceeding to enforce the terms of this Lease Agreement shall be entitled to receive its reasonable attorneys' fees and other reasonable enforcement costs and expenses from the non -prevailing party. VII. Hold Harmless. The Lessee agrees to indemnify, defend, and hold the Lessor harmless from any and all liabilities, claims, demands, suits, damages, actions, recoveries, judgments and expenses 2 (including court costs, attorneys fees, and costs of investigation) resulting from a breach by Lessee of any provision contained in this Lease Agreement, resulting in any way from Lessee's occupancy of the Premises, or arising from any personal injury occurring on the Premises during the term of this Lease Agreement. The provisions, undertakings, and indemnifications set out in this Section 7 shall survive the termination of this Lease Agreement. VIII. Notices. All notices, requests and other writings required under this Lease Agreement (including any notices of renewal, or termination rights) must be in writing and shall be deemed validly given upon the earlier of (i) actual receipt or (ii) the second business day after the date posted if sent by certified mail, return receipt requested, addressed to the other party as follows: If to Lessor: Attn: Bill Hobson The City of McHenry 333 South Green Street McHenry, IL. 60050 If to Lessee: Charles Schaefer 3220 Prairie Trail Johnsburg, Illinois 60051 IN WITNESS WHEREOF, We have hereunto set our hands and seals, the day and year first above written. Lessor THE CITY OF MCHENRY By Susan E. Low, Mayor leaseagmtforRFP.j an2016 Lessee By: Charles Schaefer 3 ao � _ . � r' � ,• ems► � "° - "" " . � A.S� a �' B� � t ��.� .� v � �� • % � Jtl .fry i `// I bR � � � � � . ate .rd o : � �.. �c .� � $ o a � �•" le .ds6 N iS4 � . s � DR ... • ,ny � m ..a � � .� 9,Oj 'L 4y ,� y� w 7 s 1/ i ca ` tt �� . � � � i ..'ai � /+4�� aR . ' c1 7,a-c,�.. , xa � cz�t.: �j � �j d •�� • �; f' � -cos `" .., - � $ s-r. a � ��' ` .__�Ci.:a'.�_...--.___. � � e Zap• ... � r • " 8j"fft� zF ,�° , � � �: . rcf'rA: � . 4 1. ' > �� D5k � '�`� �� n ��. • � 276 ; � � •,Y tikp � .. � ` -oaB " 'l. 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: March 7, 20 t 6 Regular City Council Meeting RE: McHenry High School Marching Band Festival The McHenry High School Marching Band will host their annual Marching Festival at McCracken Field on Saturday, September 10' from 12:00 PM to 6:00 PM. The majority of the event will take place at McCracken Field however events will also take place at Center Street Park, Edgebrook and Duker Schools. Attached is an email from David Brachmann, Director of Bands for McHenry High School, requesting the city's approval for intermittent closure of portions of Center Street and Kane Avenue to accommodate the festival. As was the case in previous years, bands will perform at McCracken Field every 15 to 20 minutes. The bands will assemble and warm up at Center Street Park and march in formation to the main performance field, which will require the intermittent closure of a portion of Center Street and Kane Avenue. Once the performance is over, the band will proceed to Elementary School District 15 sites for review and instruction from clinic organizers and judges. The city will provide barricades to assist with closing the streets. The barricades will be placed in the street and removed by event volunteers. No city staff assistance is required for the event. There have been no issues with this event in past years. If Council concurs, then it is recommended a motion is made to approve the request from McHenry High School for the intermittent closure of portion of Center Street and Kane Avenue as presented. The City of McHenry is dedicated to providing its citizens, businesses, and visitors with the highest quality of programs and services in acustomer-oriented, efftcient, and fiscally responsible manner. Marci Geraghty From: Sent: To: Subject: Attachments: Sent from my iPad Bill Hobson Monday, February 15, 2016 2:10 PM Marci Geraghty Fwd: McHenry Marching Festival image001.png Begin forwarded message: From: "Brachmaml, David" <braclnnanndavidndist156.org> Date: February 10, 2016 at 8:11:25 PM CST To: Bill Hobson <bhobson(c )ci.mehenr .i�> Subject: Re: McHenry Marching Festival Hi Bill, Wanted to let you know with plenty of time in advance, we are planning on having the next Marching Band Festival on Saturday, September 10th, 2016. Would you be able to take care of the same requests again for this? Thanks! David David Brachmann Director of Bands McHenry High School brachmanndavidCdistl 56.org https: //sites.google.com/a/distl 56.org/mchenryband/ East Campus: 1012 N. Green St. McHenry, IL 60050 West Campus: 4724 W. Crystal Lake Rd. McHenry, IL 60050 On Thu, Aug 27, 2015 at 8:38 AM, Bill Hobson <bhobson c,ci.mchenry.il.us> wrote: David, Bill Hobson, Deputy City Administrator McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2100 Fax: (815) 363-2119 bhobson@ci.mchenry.il.us CONSENT AGENDA DATE: March 7, 2016 TO: Mayor and McHenry City Council FROM: Bill Hobson, Deputy City Administrator RE Special Event Liquor License for City Band Concerts Annually, the City Council has approved the retail sale of beer and wine during the Summer Concert Series in Veterans Memorial Park. Due to the popularity of this option, staff is seeking approval to partner with the McHenry Area Chamber of Commerce and local liquor license holders to provide beer and wine during the 2016 concert season. The Summer Concert Series will begin the first week in June and conclude in mid -August. Alcohol service will be available from 6:45 PM to 8:45 PM. All persons purchasing alcohol will be required to provide proof of age. No incidents have been reported in past seasons and the Police Department has no concerns with this request. If Council concurs, then it is recommended a motion is considered to approve the sale of beer and wine during the 2016 Summer Concert Series in Veterans Memorial Park as presented. Derik Morefield, City Administrator McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2108 Fax: (815) 363-2119 dmorefield@ci.mchenry.il.us CONSENT AGENDA DATE: March 7, 2016 TO: McHenry City Council FROM: Derik Morefield, City Administrator RE Special Event Liquor License ATT: Application The Church of Holy Apostles located at 5211 W. Bull Valley Road is requesting permission to sell beer and wine at the church during their annual dinner/dance and fundraiser on Saturday, April 9, 2016 from 6:30 PM to 11:00 PM. The $25 license fee has been paid and all required paperwork has been submitted. If approved, this will be the first special event license issued to the church in 2016. Municipal Code permits an applicant to request up to eight special event liquor licenses per calendar year. If Council concurs with this request, then it is recommended a motion is considered to approve the special event liquor license application for The Church of Holy Apostles as presented. The City of McHenry is dedicated to providing its citizens, businesses, and visitors with the highest quality of programs and services in acustomer-oriented, efficient, and fiscally responsible manner. SPECIAL EVENT LIQUOR LICENSE APPLICATION J CAS �{ ACITY OF MCHENRY + (A special event liquor license may also be required by the State Liquor Control Commission) www.state.11.us/Icc FEE $25.00 COMPANY OR ORGANIZATION: ADDRESS: PHONE NUMBER: APPLICATION DATE 02 *J S� 1S'2 L� fC' W lw� L ITY: u 1� f_ TYPE OF BUSINESS OR ORGANIZATION: 2. LICENSE APPLICANT: L.f/X(0oxe DATE OF BIRTH: ADDRESS: 3U� i CWOAV CITY: Gl" U DAYTIME TELEPHONE NO.: 3 2' 209� 8 f�7O EVENING TELEPHONE NO. 3. LOCATION WHERE SPECIAL EVENT HELD: ( orL'r CAk (non-residential premises only) 4. OWNER OF LOCATION WHERE SPECIAL EVENT HELD: OWNER'S ADDRESS: CITY:_ TELEPHONE NUMBER: 5. DATE(S) OF EVENT: a 1D 41 q 1 1 L) t `r HOURS: _ (not more than 3 days) 6. TYPE OF ALCOHOL TO BE SERVED: BEER WINE 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 �./►�"t,Ci1'�C� ��ri- art- hereby states that the City of McHenry shall not be held liable for any occurrence, loss, damage, or injury as a result 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 of the 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�apprWal is required for this license. Signature of Applicant SUBSCRIBED and SWORN to before me this day of , 20 Notary Public wwwwwwwwwwwwwwwwwxxxxxxxxxwwwwwxwxwwwwwwwzwwwwwwwwwxxwwwzwxxxxxwxxxxw:rwwxzxxzxwwwwwxzzzwwzwwwxwxxxxxxwxwwxxxwxxxwxxwxwwxxxxxwxwxwzxwwwzzzwwwwzwwwzwxwxxxzwwxwwzwx DATE ISSUED EFFECTIVE DATES) 2012 LICENSE NO. 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: March 7, 2016 - Regular City Council Meeting RE: McHenry Park Facilities Special Use and Beer/Wine permit requests ATT: Permit List and Applications All fees and documentation have been satisfactorily submitted for the attached McHenry Park Facilities Special Use and/or Beer/Wine permit requests. If Council concurs with the requests as presented, then it is recommended a motion is considered to approve the attached McHenry Park Facilities Special Use and Beer/wine permit requests. The City- of 1YIcHema, is dc:dicafe�l to prnni�ling i!s citizens, businesses, anr( vishors wit/i the hi;hest quati[v gfpro{�ranzs and services ier a customer-a•ierrteel, e��ficient, and�iscalip res��onsibte manner. FOR COUNCIL MEETING ON MARCH 7, 2016 Beer/Wine Permit Requests These are beer and wine permit requests associated with picnic permits. Date of Picnic Applicant Address 06/25/16 Tom Walsh Graduation 1511 N Court St, McH 08/21/16 McH Masonic Lodge/D Foutch 1309 Court St, McH Special Use Application Requests There are special use application requests associated with picnic permits. Date of Picnic Applicant Address Special Use 03/26/16 McH Jaycees Easter Egg PO B ox 163, McH craft tables 06/04/16 Arnow/Bike Haven 3318 W Pearl St, McH closure of Park Street 06/25/16 Tom Walsh Graduation 08/06/16 Layton/Bicycle Illinois TConaway\pic perm list.doc 1511 N Court StMcH , PO Box 8454, Chicago bounce house Gatorade, water, snacks, tables 0 IYI IMNRY PARK FACILITIES SPECIAL USE AND/OR BEERMNNE APPLICATION Contact: Person: /•yo nS c� A!':;,y Company/Organ.ization; City/State/Zi Park: Area: Arrival Time: " ,— O Kt10k Park (A only} r� Shelter A //.:001443, Date oi'Picnie dd.ress: i,T'il0V . C(.1 fir, ome Phone: �� -ft7 Work/Cell Phone: D�%.r/'&r G Peteesen Pti.rk ❑ Vetera.n's Memorial Park ❑ Shelter B �SlleIter C ca Ot1el` _ Departure Time,. d_Fr�i _ Total Number Attending: --- Fnlsifyin�r crttcrzdance nur�tGers will result irz loss of rre/�aszt, Groups over 500 must obtain additional: n dunnpsters ❑ portable toilets Water, electrioity and restroorris are avtrila.ble at all sites. Knox Park A has a portable restroom, Brief description of event (company picnic, car show, craft show, wedding, etc.): .List all activities to be. held: ��"' J' --- Items brought into park site: ❑Tables i�/C11a.irs ❑ 13e;nehes ❑Carnival Rides ❑Music ❑ Aninlais ❑Catered Pig Boast `KUth.er1. mod ti ti<eE- Alevvs, ❑ Tent: Location [n Park: ELECTRICAL Size; 1~UR TENTS ❑APPLICANT' TU CAI.L JULIE (1-800-892-0123) TO BE LOCATED ❑ NO ELECTRIC: S1larnrock Tent Staked; ❑yes ca no " irirkr.�s��cKirY�x*F**ic:k�Ct�ivirr,�icicx�icY�C�•kr.��tfrskirYsk�9;�;•k�4;�;r,�;�ick�;Y�5r7'r';•kin;�x�xr,�it�X�;xs'rsks�Nxx';�:*x�stxxskxxNfrsrr.irsyKf�7ts'rs;r.Kx,•rxs: Will beer/wine be presenf Yes ❑ No 1E YUU CHECKED YES, PLEASE ANSWER. QUESTIONS BELOW, Indicate the number of beer/Wine poi4i1nit5 denied �. li1dicate al'noLlilt of beer/Wii1e to be broLight ii1to tie City Park under this permit on above date (number of wine bottles, beer cases, beer kegs, etc.) I agree that all the beet'/wine containers will be removed by applicant or placed in proper container's Oil site oil the permit'd.a.te and that no underage or intoxicated person will be allowed to consume any of the beer/wine brought into tlIc City of McI-Cenry park under this permit. I agree that ,one of the beer/wine allowed in the City of McHenry park, pen•sLiant 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 tile. Special Use and/or Deer/Wine Application(s) and will assume responsibility for any loss, damagor e liability arising, front the use of the park property. I also Understand that not complying with the Park Permit rules will result in loss of deposit, Signature: �--�n��--- Tate: dot�%��iC� Healflz permits are required by law for concessions and cafering. Please make arrangements to obtain permits, NOTE: Approval will be based on the items listed above, Any other requests are subject to further approval. Restrictions:__, ��**�,��*�,��K,�K�,��K��K,:��xHx�:��a•��"t;0I2 OFFICE C18E ONi,Yh�xK��•�N��,��rK�x•k�� n��rxn�;,t��:Kn��n,tx,��,;s�r,.y�>��;�,;�� Reservatipn Fee: $ •�' � `/�� Deposit Fee: $ c�- Total Fee: ___ Payment: O Cash ❑ Check Confirmatiod Sent: Submitted CO City Council, _gip/(1 �Initiais: City Council Approval; parks\formslpicnie titriiis\special use and l7eer and or wine applietition n in N Contact person: CnI puny/Qrgan.ization: 1WHENRY PARK FACILITIES IAL USE AND/OR BEER/VV NE APPLICAr, [7a.te of picnic:_.._3ILz41.�l� City/State/Zip; TL �e oI-Tome Phnne:_f - �J<-535' Work/Coll Phone: park: ❑Knox park (A Wryly) ?K petersen pa.rl< ❑ Vetera.n's Memorial J'a,rk Area: o Shelter A ❑ Shelter B o Shelter C got.her: Arrival Time: ��.�., _ Departure Time: 2 Total Numbetteriding,.3 FaXsifyirz�Y attendance rzurrtGers will result irz X�ss of �Xepn.sit. Groups over SO(}, obtain additlanal: ❑ dumpsters ❑ portable toilets Water, electricity and resCroorrrs are available at all sites. Knox Park A has a portable restroom, Brief description of event (company picnic, car show. craft show, wedding, etc.);,�� .List all activities to be held: C �r C-. .. l_ . _' f__ 01 1 1_ 1 _ I r Items brought into pant site: r�Tables ❑ Chairs u I3encl7es a Carnival Rides ❑Music ❑Animals ❑Catered Pig Roast ❑ Mier ❑ Tent: Location In pack: ELECTRICAL FOR TENTS TO BE LOCATED Si pLICAN'i' TO CALL JliLIE (1-800-8�)2-0123) .�.�•� ` ❑ NO ELECTRIC: Shar»rocl< Tent Staked; ❑yes ❑ no iv it vF�i'tt��9c i4 K�'s ok tk*nic iF ll'iF 74'k�'>t:FYSt ie �(�dc i4 fc Yl"Y. fc 9f l�ii'1SA'11'Y:�'C9c'if 7�X�k Y�."}.'*kt,Yl�7tni�'+'(*1i'k>c5�%k�Sr 9{iC ikkit ll�Y�.'rtt �121't'XXkf'f NSY risk 4t fl A'S}YfN11'k XA'r; r. 'n'iC YC k'S: VViII beer/wine be present: o Yes No Ir YOi1 CHf1C E YE I EASE ANS WER QUESTIONS BE, LOW: Indicate the number of beer/wine permits denied ndicate amount of beer/wine to be brought into the City Park under this permit on above date (number of wine bgt es, beer cases,;beer kegs, etc.)__ I agree that all the beer/wine containers will be re oved by applicant or• placed in proper containers on site on the permit date and that no underage or intoxicated persoi vill be allowed to consume any of the beer/wine brought into the City of McHenry park under this permit. I agree tl o2 none of the beer/wine allowed in the City of McHenry park, pursuant to this application will be sold, it being enders od that the sale of beer/wine under this permit issued pursuant to this application is expressly prohibited, I have r:•ad and will comply with the City of McHenry Park Permit rules. I have read and understand the'l !es and regulations that have been set forth by the City of McHenry regarding the. Special Use and/or Beer/Wine Applic,ation(s) and will assume responsibility for any loss, damage or liability arising, fron4r the use of the park property. I also tt��,dersta.nd that not complying with the Park Permit rules will result in loss of deposit, A Signature• Date: GZ - L 6- ( � Iealth permits are required by law f'ar concessions and catering. Please make arrangements to obtain permits. NOTE: Approval will be based on the items listed above. Any other requests are subject to further approval. Restrictions: OFFICE C.1SE QNLY'�,r*''��TM�K*��rak��th•k**��;�;�;�Yk;kir�x�tx*�tnR*ffir��r**��tk9t>��;�t��t Reservation Deposit Fee: $ Payment: Q Cash 0 Check ❑ Charge 'Total Fee: y Submitted to City ty Council: i _2� Confirmation Sent: 4lnitials:• City council Approval; parkslfarmslpicnic formslspeciai use and beer and or wine application _ l�cHENRY PAi� EACXLITIES SPECIAL SSE A1VD/4� BEES/"�Il�� Ai'P�,�CA'I"IO �-. Contact Pe,rso�1; CoIllpany/C7rgan.izati n; e �`t t��(�4 City/State/Lip; ��-1�� H(}p1e �I1011 Date oi' P icn ic:_,z � �C .� �-(�_ ddress:.� �ZtS`� (,,a � ,� - ��% Work/Cell Phone4,�1��38��%/DO Park: ❑Knox park (A only} ©Petersen p<1.rk �efera.n's Menli�rial PFj.rk Area: � Shelter A �i S11e(tei° B Shelter C; r..i Oihcr: Arrival Time: P(a ` 6p ---.----..___.,,......___..___..._._._..-.-- � ��-� _Departure Time: �-jKne_p��. Total Nu�rrber Atte�lding: �`� . Frclsifying �ttenclar�ee ncrrylGer�s will result r'rz l�s,s of tlel�vsit, Groups oven° SQO must obtain additional: ❑ durr►psters ❑Portable toilets Water, electricity and restrooms are avtiila.ble at all sites. Knox Park A ha.s � pprtable restroom, Brief description of event (company picnic, ea.r show, craft show, wedding, etc.): �c L?l�e � .List ail activities to b� Feld: �v\.rJ C� __.._ Items brought into park site: ❑ Tab(es r� Cha.irs ❑ BGnehes ❑Carnival Rides ❑Music ❑ Aninlais ❑Catered Pig 1Loast' ❑ C)th.er ❑ Tent: Loeatio.n [�1 Pack: ELECTRICAL Si 1~OR TENTS ❑ APPLICANT TO CALL .IIJLiE (1-800-892-0123) TO BE LOCATED ❑ NQ ELECTRIC: Sharnrack Tent Staked: ❑yes ❑ no a 7C ft 7FXlF t�ifY�'7�1i'iG�[iE'�: iF itY tC��YC:Cr�C'eC SCNSk KYi(*}l'Y:k')fSl'�'9f11'�"n'�;:FA'A'd:Y,'k�"Y, �C SFY�'p�t'iC JY �C 7�Y7F'SS'JiKY', iY 7i'9GX1F'i�5t'k}��":NY,N'N1�:l�"q".�%'Yf X1Ykk91 SC n'Y St A'1'{SFX6l YfYY h'h'S't St 'Will beer/wife be present: ❑ 'Yes ❑ Na �� YOCJ C�:F'C� YES, �'I.,�AS� AIVS�V)✓R UE Itldicate the nu.nlber of beer/wine ermits denied � STIC)I�S i3LLOW; p"-_______. Indicate a.mou�li of beer/wine to be brought i � the City Park under this perrlli.t on above date (number of wine bottles, beer cases, beer kegs, etc,)_ �__e�5� �P I agree that all the beer/wine containers will be reilloved by applicant or pla.ce�-f in proper container>� site on t1�ie permit'd.ate and that no underage or intoxicated person �vi11 be allowed to consume any of the beer/r�vine brought into the City of Mcl�Cenry park Gtnder this permit. I agree that none of the beer/wine allowed in the City of iv1cl-Cenry park, pCirstlant to this application will ba sold., it being undel'staod that the sale of beer/wine under this permit issued pursuant to finis application is expressly prohibited. I have read and will cainply with the City of McE-Ienry Park Permit rt.iles, I have read and understand the rules and regulations that I1a.ve-been set forth by the City of McNeni,y regarding the - Special Use and/or leer/dine App(icat'o� (s) and wil.( assuille responsibility for any loss, damage car liability arising fl"oIl't the use of'the park ro erty. I also er tend that not complying with t11e Park Permit rules will result in («fis of dclx�sit, -�'" - Signatu e: � ` , �� --� j Health permr s are requir by law I'or concessions and catering. �Iease make aI°t^ati� naents to obtain Permits. NOTE: Approval will be based on the items (rsfed above..Any other requests are subject to further approval. Restrictions: �"�""],�\ h�kk9; �Yr �YR��h �,•Rxirh�k�*��•t�*�4�r, �kx�; �t h9: ic>YS�;fr�k x,k**Kt�fr�i ��; �, ,;k9c Reservatien Fee;--_,"'J=� )—I—V--VT- Deposit i~ee: �..,6"�� -� — Date Paid:_ �-�'( �� lni�ial'•; Total I"�e: �—�L "�-.-_.-.—......___ Payrnenc: ❑Cash ❑Check Confirmation Sent: Sllbl111tted t0 City CUunCil; /�/(�(�� 2,,�/(� _ initiais: City Council approval; �"—"—`" parkslforms\picnic titntislspecial use and beer and or k�ine �zpplicr�Ci�n � ^� �• n �'ae.. Irs Contact Person; Coanpaily/Organ[ Ciry/State/Zip; WICHENR Y. PARK FACILITIES Home Phone: Date of Picnic Work/Cell P Park: ❑Knox Park (A only} ©Peteeseil Park lletera.n's MernOrial Park Area: o Shelter A ❑ Shelter 0 Shelter C ri Other: Arrival Time: �\ CC` ,� _ Departure Times 3`.00_ Total Number Attending: gals fylrz�,x rr.tc�rzclanee nzcrriGers turn resulf zrz loss of .sit, Groups over SQa must obtain additional: ❑ dumpsters ❑ portable toilets Water, electricity and restroonls are available at ail sites. iS.nox Park A leas a portable restroom. Brief description of event (company picnic, car show, craft show, wedding, etc.).��&k--`Vo k {V List all activities to b6 held: -- terns br ight into park site: ❑ Tables a lairs ❑ %I ies ❑ Carnival Rides ❑ Music ❑ Animals ❑ Catered Pig Roast t'�t: Locatio.n [n Park: ELECTRICI-tL Si FOR TENTS ❑ APPI,ICAN`I' TO CALL JCJLIE (i-8Q0-S92-4123) TO BE LOCATED �Q ELECTRIC; Shartlrock Tent Staked; ❑ ,yes t to it]C 7t 1:T'�XKif 7ti h',F:K*�'Yi:iC�'*4v �C raF'*i[iC ii Y)S'K7Y Yt'Y`iCitYA'iililr'nY9;'k Y K%Y�t'A"X�:kY1YY n7t'h*i:�Y*SSY tI'>f'�X�ri'Sf'h 5v 1H'Y, it�1: Y, X'$X'if 5'c tk ,i'H P(SC YKYNN' S4 V,"i('i; Y'7Ykh'YC Si Y: V�lill beer/wine be present: ❑ Yes a No Z Y()U C ICCS IJ ' SPLEMSE ANSWER QUESTIONS BELOW: Indicate the number of beer/wine permits denied--ndicate arnount of beer/wine to be brought Into the City Park under this pernl[t on above date (number of wit ottles, beer Gases, beer kegs, I agree that all the beet'/wine containers wi e removed by applicant oi' placed in proper containers oil site, oil file permitd.ate and that no underage or intoxicat 5erson will be allowed to consume any of the beer/wine brought into title City of McHenry park under this permi A agree that none of the, beer/wine allowed in the City of McHenry park, purst.iant it to this application will be sold, it b ' lg understood that the sale of beer/wine under this permit issued pursuant to this application is expressly prolli a ed, I have read and will comply with the City of'McHenry Park Permit rules. I have read and uAerstand the rules and regulations that ila.ve been set forth by the City of McHenry regarding the. Special Use and/of eer/Wine Applications) and will assume responsibility for any loss, damage or liability arising from the use of title pa k property. I understand that not complying with the Park Permit rules will result in loss of deposit, Sign ---' Date: Heats),. rYts are required try law for concessions and catering: 'lease make arrangements to obtain permits, NOTE: Approval will be based on the items listed above..Any other requests are subject to further approval. Restrictions: OFFICE USE nl�C.,Y•x,�KK�x�tN,t�,t�n�x;r��a�x��Yxn,�,t��Knx�n�K��tn,rx��>r��;:r,;�n Reservation Fee; $ / //1 �' Date Paid: � � --��,-�� Initial •: T�"v�--� Deposit Fee; � �� Payment: r� ash eck Total Fm '❑ � r, �� Submitted to City Council; � c, 7 Confumation Sent: µ Initials: � -- - — City Council Approval; - uarkslforms\picnic tormslspecial use and beer and or wine ttpplicEition MCHLNRY PARK FACILITIES SPECIAL USE AND/OR BEER/WINE APPLICATION Contact Person: Robert S. Layton Date of Picnic: Aug. 62016 Company/Organization: Bicycle Illinois. Address: P.O.. Box 8454 City/State/Zip: Chicago, IL 60680 Home Phone: same WorldCell Phone: (312) 342do, Park: ❑ Knox Park (A only) ❑ Petersen Park ❑ Veteran's Memorial Park Area: ❑ Shelter A ❑ Shelter B ❑ Shelter C X Other: Whispering Oaks Arrival Time: 9:00 am Departure Time: 1:30 p Total Number Attending: 100 (not all at the same time!) Falsifyi�ag rzttenda�zce numbers will result in 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: none Brief description of event (company picnic, car show, craft show, wedding, etc.): rest stop for cyclin e List all activities to be held: cyclists will stop at the shelter to rest and get Gatorade and snacks Items brought into park site: ❑ Tables ❑ Chairs ❑ Benches ❑ Carnival Rides ❑ Music ❑ Animals ❑ Catered Pig Roast ❑ Other ❑ Tent: Location In Park: Size: Tent Staked: ❑yes ❑ no ELECTRICAL ❑ PARKS TO LOCATE: PPA, PPB, Vets — South of Gazebo FOR TENTS ❑ APPLICANT TO CALL JULIE (1-800-892-0123): Althoff, PP Beach, Hayfield, Shelter, Stage TO BE LOCATED Vets — NW of Gazebo ❑ NO ELECTRIC: Knox, Shamrock ❑ NONE: PPC a **�:**kt�:k*i: k:h a'r>hit.-'cki. �ckk�F x�F'%�t ksF:k�. �c k3c k�:k3•kr�'ir9:i.a'.k'J.'�:�:k9:•%%ric9:9:-k-Fk*9:3;k*'*t.'Ir9:�F-e �c �:kkk��:�:ir9::Fktt.*kkif-ki: �: i:rk�F-t �. k9: is :ti:k k is �:'Ic Will beer/wine be present: ❑ Yes X No IF YOU CHECKED YES, PLEASE ANSWER QUESTIONS BELOW: Indicate the number of beer/wine pe • s denied .Indicate amount of beer/wine to be brought into the City Park under this permit on above date (numbe of wine bottles, beer cases, beer kegs, etc.) I agree that all the beer/wine containers will removed by applicant or placed in proper containers on site on the permit date and imaun "erage or in o> xiLated peroii `11 be alYowoa-to consume ariyoftne treerfwine'oroughtrrro the -- City of McHenry park under this permit. I agree that none the beer/wine allowed in the City of McHenry park, pursuant to this application will be sold, it being understood that the sa f beer/wine under this permit issued pursuant to this application is expressly prohibited. I have read and will comply h the City of McHenry Park Permit rules. I have read and understand the rules and regulations that hav been set forth by the City of McHenry regarding the Special Use and/or Beer/Wine Application(s) and will assume responsi ity 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. If Signature: tbt'� Date: February 1, 2016 Health permits are required by law for concessions and catering. Please make arrangements to obtain permits. NOTE: Approval will be based on the items listed above. Any other requests are subject to further approval. Restrictions: USE y;;;y::�+y::tt:rx*:1J;V;*r;#;f;*�t;***"V*FOR OFFICE ONLY*;;�;yy;;�::�:;:::;rIV :��*xy*;;;;y�;y�: Reservation Fee: $ r� � Date Paid: L% i� Initials: -%Yh-C Deposit Fee: $ Payment: ❑ Cash Check ❑ Charge Total Fee: $ / Submitted to City Council: Confirmation Sent: Initials: City Council Approval: tina\forrns\picnic forms\special use and beer and or wine application Vendor Name McHenry, IL Account Number Vendor: ADAMS ENTERPRISES INC, R A ADAMS ENTERPRISES INC, RA 100-45-5370 Vendor: ADAMS, RUSSELL ADAMS, RUSSELL 510-32-4510 Vendor: ADVANCED FLEET REPAIR INC ADVANCED FLEET REPAIR INC 740-00-3750 Vendor: ADVANTAGE EAP ADVANTAGE EAP 100-01-5110 Vendor: AFTER THE FOX INC AFTER THE FOX INC 740-00-3750 Vendor: AHMETI, MATT AHMETI, MATT 740-00-3750 Vendor: ALPHAGRAPHICS ALPHAGRAPHICS 400-00-6110 Vendor: AMERICAN HEATING &COOLING AMERICAN HEATING & 510-31-6110 Vendor: ARNOLD/VENMAR PROPERTIES LLC ARNOLD/VENMAR PROPERTIES 740-00-3750 Description (Item) VEHICLE REPAIRS REIMB CDL LICENSE Expense Approval Register LIST OF BILLS COUNCIL MEETING 3/7/16 Payable Number Post Date Amount 774669 INV0001686 REFUND RETAINED PERSONNEL INV0001687 CONTRACTUAL SERVICES 10445 REFUND RETAINED PERSONNEL INV0001688 REFUND RETAINED PERSONNEL INV0001689 LETTERING/SIGNAGE 18852 03/07/2016 162.31 Vendor ADAMS ENTERPRISES INC, R A Total: 162.31 03/07/2016 60.00 Vendor ADAMS, RUSSELL Total: 60.00 03/07/2016 79.50 Vendor ADVANCED FLEET REPAIR INC Total: 79.50 03/07/2016 1,287.00 Vendor ADVANTAGE EAP Total: 10287.00 03/07/2016 95.50 Vendor AFTER THE FOX INC Total: 95.50 03/07/2016 130.00 Vendor AHMETI, MATT Total: 130.00 03/07/2016 103.74 Vendor ALPHAGRAPHICS Total: 103.74 SUPPLIES 01141602 03/07/2016 Vendor AMERICAN HEATING &COOLING Total: REFUND RETAINED PERSONNEL INV0001690 03/07/2016 Vendor ARNOLD/VENMAR PROPERTIES LLC Total: 625.00 625.00 375.00 375.00 Vendor: AT&T AT&T 100-01-5320 PRI LINES 2/16/16-3/15/16 03/07/2016 104.88 AT&T 100-03-5320 PRI LINES 2/16/16-3/15/16 03/07/2016 85.21 AT&T 100-04-5320 PRI LINES 2/16/16-3/15/16 03/07/2016 45.88 AT&T 100-22-5320 PRI LINES 2/16/16-3/15/16 03/07/2016 255.64 AT&T 100-22-5320 PRI LINES 2/16/16-3/15/16 03/07/2016 39.33 AT&T 100-30-5320 PRI LINES 2/16/16-3/15/16 03/07/2016 39.33 AT&T 100-33-5320 PRI LINES 2/16/16-3/15/16 03/07/2016 13.11 AT&T 100-41-5320 PRI LINES 2/16/16-3/15/16 03/07/2016 39.33 AT&T 100-44-5320 PRI LINES 2/16/16-3/15/16 03/07/2016 6.55 AT&T 100-46-5320 PRI LINES 2/16/16-3/15/16 03/07/2016 13.11 AT&T 100-47-5320 PRI LINES 2/16/16-3/15/16 03/07/2016 6.55 AT&T 620-00-5110 PRI LINES 2/16/16-3/15/16 03/07/2016 26.22 AT&T 100-43-5320 ALARM CIRCUITS 2/16/16-3/15/16A 03/07/2016 307.13 AT&T 100-45-5320 ALARM CIRCUITS 2/16/16-3/15/16A 03/07/2016 307.13 Vendor AT&T Total: 11289.40 Vendor: B&W CONTROL SYSTEMS INTEGRATION B&W CONTROL SYSTEMS 510-31-5110 IT, SCADA 0184264 03/07/2016 2/501418 Vendor B&W CONTROL SYSTEMS INTEGRATION Total: 21501.18 Vendor: BANK OF NEW YORK MELLON, THE BANK OF NEW YORK MELLON, 300-00-7300 ADMIN/AGENT FEE 2/18/16- 252-1929910 03/07/2016 1,302.50 Vendor BANK OF NEW YORK MELLON, THE Total: 11302.50 3/2/2016 12:47:00 PM Expense Approval Register Vendor Name Account Number Vendor: BARTOS, DONNA BARTOS, DONNA 100-47-5110 Vendor: BONNELL INDUSTRIES INC BONNELL INDUSTRIES INC 100-33-5370 Vendor: BUFFALO WILD WINGS BUFFALO WILD WINGS 740-00-3750 Vendor: BUSS FORD SALES BUSS FORD SALES 100-45-5370 BUSS FORD SALES 100-45-5370 BUSS FORD SALES 100-45-5370 BUSS FORD SALES 100-45-5370 BUSS FORD SALES 100-22-5370 BUSS FORD SALES 100-22-5370 BUSS FORD SALES 100-22-5370 BUSS FORD SALES 100-22-5370 BUSS FORD SALES 100-22-5370 BUSS FORD SALES 100-22-5370 BUSS FORD SALES 100-22-5370 BUSS FORD SALES 100-03-5370 BUSS FORD SALES 100-22-5370 BUSS FORD SALES 100-22-5370 BUSS FORD SALES 100-22-5370 Vendor: CABAY &COMPANY INC CABAY &COMPANY INC 100-01-6110 Vendor: CENTEGRA OCCUPATIONAL HEALTH CENTEGRA OCCUPATIONAL 100-01-5110 CENTEGRA OCCUPATIONAL 100-01-5110 CENTEGRA OCCUPATIONAL 100-01-5110 CENTEGRA OCCUPATIONAL 100-01-5110 CENTEGRA OCCUPATIONAL 100-01-5110 CENTEGRA OCCUPATIONAL 100-01-5110 CENTEGRA OCCUPATIONAL 100-01-5110 CENTEGRA OCCUPATIONAL 100-01-5110 CENTEGRA OCCUPATIONAL 100-01-5110 CENTEGRA OCCUPATIONAL 100-01-5110 CENTEGRA OCCUPATIONAL 100-01-5110 CENTEGRA OCCUPATIONAL 100-01-5110 CENTEGRA OCCUPATIONAL 100-01-5110 CENTEGRA OCCUPATIONAL 100-01-5110 Vendor: CENTEX CENTEX 740-00-3750 Vendor: CLEARWIRE LEGACY LLC CLEARWIRE LEGACY LLC 740-00-3750 Vendor: COMED COMED 100-33-5520 Vendor: COMED COMED 100-01-5510 COMED 510-32-5510 Description (Item) PARKS & REC PROGRAM VEHICLE REPAIRS Payable Number 10/21/15-2/24/16 0167233-IN REFUND RETAINED PERSONNEL INV0001691 Packet: APPKT00374 - PARKS & REC PROGRAM INSTRUCTOR Post Date 03/07/2016 Vendor BARTOS, DONNA Total 03/07/2016 Vendor BONNELL INDUSTRIES INC Total 03/07/2016 Vendor BUFFALO WILD WINGS Total: VEHICLE REPAIRS 50199121 03/07/2016 VEHICLE REPAIRS 50199141 03/07/2016 VEHICLE REPAIRS 50199301 03/07/2016 VEHICLE REPAIRS 50199871 03/07/2016 VEHICLE REPAIRS 50200951 03/07/2016 VEHICLE REPAIRS 50201081 03/07/2016 VEHICLE REPAIRS 50201611 03/07/2016 VEHICLE REPAIRS 50201971 03/07/2016 VEHICLE REPAIRS 50201981 03/07/2016 VEHICLE REPAIRS 50202171 03/07/2016 VEHICLE REPAIRS 50202181 03/07/2016 VEHICLE REPAIRS 50202471 03/07/2016 VEHICLE REPAIRS 50202701 03/07/2016 VEHICLE REPAIRS 50202851 03/07/2016 VEHICLE REPAIRS 50203331 03/07/2016 Vendor BUSS FORD SALES Total: SUPPLIES 54890 03/07/2016 Vendor CABAY &COMPANY INC Total: MEDICALSERVICES 164948 03/07/2016 MEDICALSERVICES 164990 03/07/2016 MEDICALSERVICES 165000 03/07/2016 MEDICALSERVICES 165642 03/07/2016 MEDICALSERVICES 166092 03/07/2016 MEDICALSERVICES 166274 03/07/2016 MEDICALSERVICES 165325 03/07/2016 MEDICALSERVICES 165723 03/07/2016 MEDICALSERVICES 165795 03/07/2016 MEDICALSERVICES 166344 03/07/2016 MEDICALSERVICES 166350 03/07/2016 MEDICALSERVICES 166433 03/07/2016 MEDICALSERVICES 166479 03/07/2016 MEDICALSERVICES 166578 03/07/2016 Vendor CENTEGRA OCCUPATIONAL HEALTH Total: REFUND RETAINED PERSONNEL INV0001692 03/07/2016 Vendor CENTEX Total: REFUND RETAINED PERSONNEL INV0001693 STREET LIGHTING UTILITIES UTILITIES 1/28/16-2/25/16 1/28/16-2/25/16 1/28-2/25/16 03/07/2016 Vendor CLEARWIRE LEGACY LLC Total: 03/07/2016 Vendor COMED Total: 03/07/2016 03/07/2016 Amount 195.00 195.00 21000,00 2,000.0O 416.67 416.67 1,682.16 71.16 618.98 150.00 44.54 25.00 90.22 618.25 61.12 34.86 34.88 91.40 75.44 54.26 120.92 3,473.19 1,166.46 1,166.46 122.50 30.00 30.00 120.00 30.00 30.00 25.00 105.00 45.00 90.00 122.50 30.00 60.00 30.00 870.00 3,702.00 3,702.00 1,465.00 1,465.00 174.54 174.54 104.52 80.34 3/2/Z016 12:47;00 PM Expense Approval Register Packet: APPKT00374 - UTILITIES Vendor Name Account Number COMED 100-45-5510 COMED 510-31-5510 Vendor: COMMUNICATIONS REVOLVING FUND COMMUNICATIONS 620-00-5110 Vendor: CONNEY SAFETY PRODUCTS CONNEY SAFETY PRODUCTS 100-41-6110 CONNEY SAFETY PRODUCTS 100-41-6110 Vendor: CONSERV FS CONSERV FS 100-45-6110 Vendor: CONSTELLATION NEWENERGY INC CONSTELLATION NEWENERGY 100-33-5520 Vendor: GOONEY COMPANY, FRANK COONEY COMPANY, FRANK 400-00-8200 COONEY COMPANY, FRANK 400-00-8200 COONEY COMPANY, FRANK 400-00-8200 COONEY COMPANY, FRANK 400-00-8200 Vendor: COUNTY CLERKS OFFICE COUNTY CLERKS OFFICE 100-01-6940 Vendor: CRESCENT ELECTRIC SUPPLY CO CRESCENT ELECTRIC SUPPLY CO 510-32-5375 CRESCENT ELECTRIC SUPPLY CO 510-32-5375 Vendor: CROSSFIT FIRE CROSSFIT FIRE 740-00-3750 Vendor: CUNAT CORP CU NAT CORP 740-00-3750 Vendor: CUTTING EDGE COMMUNICATIONS INC CUTTING EDGE 400-00-8200 CUTTING EDGE 400-00-8200 CUTTING EDGE 400-00-8200 CUTTING EDGE 400-00-8200 CUTTING EDGE 400-00-8200 CUTTING EDGE 400-00-8200 CUTTING EDGE 400-00-8800 CUTTING EDGE 400-00-8800 Vendor: DHB REAL ESTATE CORP DHB REAL ESTATE CORP 740-00-3750 Vendor: DIRECT FITNESS SOLUTIONS DIRECT FITNESS SOLUTIONS 400-40-6142 DIRECT FITNESS SOLUTIONS 400-00-8300 DIRECT FITNESS SOLUTIONS 400-00-8300 Vendor: DIXON ENGINEERING INC DIXON ENGINEERING INC 740-00-5220 Description (Item) UTILITIES UTILITIES Payable Number 1/27/16-2/26/16 1/27-2/26/16 Post Date 03/07/2016 03/07/2016 Vendor COMED Total: JAN COMMUNICATION CHRGS T1625553 03/07/2016 Vendor COMMUNICATIONS REVOLVING FUND Total: SUPPLY CREDIT 05007769 02/29/2016 SUPPLIES 05092875 03/07/2016 Vendor CONNEY SAFETY PRODUCTS Total: SUPPLIES UTILITIES REC CENTER FURN REC CENTER FURN REC CENTER FURN REC CENTER FURN NOTARY COMMISSION 65005872 03/07/2016 Vendor CONSERV FS Total: 12/28/16-1/26/16 03/07/2016 Vendor CONSTELLATION NEWENERGY INC Total: 61625 03/07/2016 61626 03/07/2016 61637 03/07/2016 61639 03/07/2016 Vendor COONEY COMPANY, FRANK Total: INV0001694 03/07/2016 Vendor COUNTY CLERKS OFFICE Total: REPAIRS 5501533980.003 03/07/2016 EQUIPMTREPAIRS 5501533980.001 03/07/2016 Vendor CRESCENT ELECTRIC SUPPLY CO Total: REFUND RETAINED PERSONNEL INV0001695 03/07/2016 Vendor CROSSFIT FIRE Total: REFUND RETAINED PERSONNEL INV0001696 03/07/2016 Vendor CUNAT CORP Total: REC CENTER 4724 03/07/2016 REC CENTER 4725 03/07/2016 REC CENTER 4726 03/07/2016 REC CENTER 4727 03/07/2016 REC CENTER 4728 03/07/2016 REC CENTER 4729 03/07/2016 REC CENTER 4730 03/07/2016 REC CENTER 4731 03/07/2016 Vendor CUTTING EDGE COMMUNICATIONS INC Total REFUND RETAINED PERSONNEL INV0001697 03/07/2016 Vendor DHB REAL ESTATE CORP Total: REC CENTER SUPPLIES 228272 03/07/2016 REC CENTER EQUIP 228273 03/07/2016 REC CENTER EQUIP 228280 03/07/2016 Vendor DIRECT FITNESS SOLUTIONS Total RETAINED PERSONNEL 16-0119 03/07/2016 Vendor DIXON ENGINEERING INCTotal: Amount 85.44 50.10 320.40 10.00 10.00 -46A0 132.85 117.00 645.75 5,489.00 21,028.88 3,724.00 7,831.60 38,073.48 10.00 10.00 734.38 29.46 763.84 54.17 54.17 413.00 413.00 2,956.80 2,041.50 2,906.70 2,508.90 2,177.10 2,958.75 1,314.15 475.00 17,338.90 79.50 79.50 2,140.00 18,981.17 141,417,50 162,538.67 21650,00 2,650.00 3/2/2016 12:47:00 PM Expense Approval Register Vendor Name Account Number Vendor: DOCUMENT IMAGING DIMENSIONS INC DOCUMENTIMAGING 620-00-6210 DOCUMENTIMAGING 620-00-6210 DOCUMENT IMAGING 620-00-6210 DOCUMENT IMAGING 620-00-6210 Vendor: DR HORTON INC DR HORTON INC 740-00-3750 Vendor: DURA WAX COMPANY INC, THE DURA WAX COMPANY INC, THE 100-01-6110 DURA WAX COMPANY INC, THE 100-45-6110 Vendor: EBY GRAPHICS INC EBY GRAPHICS INC 610-00-5980 EBY GRAPHICS INC 100-22-5370 Vendor: EVOQUA WATER TECHNOLOGIES LLD EVOQUA WATER 510-32-5380 Vendor:FASTENAL FASTENAL 100-45-6110 FASTENAL 100-45-6110 Vendor: FIFTH THIRD BANK LEGAL ENTRY FIFTH THIRD BANK LEGAL 100-22-5110 Vendor: FLINT, SHANNON FLINT, SHANNON 100-41-3637 Vendor: FOX VALLEY FIRE &SAFETY FOX VALLEY FIRE &SAFETY 100-45-5110 FOX VALLEY FIRE & SAFETY 225-00-5110 FOX VALLEY FIRE & SAFETY 100-45-5110 Vendor: FOX WATERWAY AGENCY FOX WATERWAY AGENCY 100-45-6110 Vendor: FUHLER, JOHN FUHLER, JOHN 740-00-3750 Vendor: FUN EXPRESS LLC FUN EXPRESS LLC 100-46-6920 Vendor: FW IL MCHENRY COMMONS SHOPPING CNTR LLC FW IL MCHENRY COMMONS 100-04-6945 Vendor: GILLEY, DAMES OR PATRICIA GILLEY, DAMES OR PATRICIA 740-00-3750 Vendor: GIOULOS, MOLLY GIOULOS, MOLLY 100-47-5110 Description (Item) TONERS TONER TONERS TONER Packet: APPKT00374 - TONERS Payable Number Post Date Amount 288815 03/07/2016 290947 03/07/2016 291073 03/07/2016 291605 03/07/2016 Vendor DOCUMENT IMAGING DIMENSIONS INC Total REFUND RETAINED PERSONNEL INV0001704 SUPPLIES SUPPLIES PROPERTY DAMAGE RELETTER REPAIRS SUPPLIES SUPPLIES CONTRACTUALSERVICES PARKS & REC REFUND CONTRACTUAL SERVICES CONTRACTUAL SERVICES CONTRACTUAL SERVICES BOAT REGISTRATION 03/07/2016 Vendor DR HORTON INC Total 381889 03/07/2016 382129 03/07/2016 Vendor DURA WAX COMPANY INC, THE Total: 2036 03/07/2016 2053 03/07/2016 Vendor EBY GRAPHICS INC Total: 902503144 03/07/2016 Vendor EVOQUA WATER TECHNOLOGIES LLD Total: ILMCH17193 03/07/2016 ILMCH17198 03/07/2016 Vendor FASTENAL Total: 133444 03/07/2016 Vendor FIFTH THIRD BANK LEGAL ENTRY Total: 129774 03/07/2016 Vendor FLINT, SHANNON Total: 964654 03/07/2016 964957 03/07/2016 966315 03/07/2016 Vendor FOX VALLEY FIRE & SAFETY Total: INV0001698 REFUND RETAINED PERSONNEL INV0001699 SUPPLIES 676024306-01 03/07/2016 Vendor FOX WATERWAY AGENCY Total: 03/07/2016 Vendor FUHLER,IOHN Total: 03/07/2016 Vendor FUN EXPRESS LLC Total: 2015 SALES TAX INCENTIVE INV0001700 03/07/2016 Vendor FW IL MCHENRY COMMONS SHOPPING CNTR LLC Total: REFUND RETAINED PERSONNEL INV0001701 03/07/2016 Vendor GILLEY, JAMES OR PATRICIA Total: PARKS &REC INSTRUCTOR 1/4/16-1/25/16 03/07/2016 Vendor GIOULOS, MOLLY Total 752.00 98.00 238.00 109.00 1,197.00 2,030.00 2,030.00 154.50 12.40 166.90 475.00 125.00 600.00 615.00 615.00 230.68 14.66 245.34 5.50 rzx�1�: 26.00 543.00 195.00 233.00 971.00 45.00 45.00 33.73 33.73 64.02 ;:i]by] 26,192.67 26,192.67 447.50 447.50 84.00 3/2/2016 12;47:00 PM Expense Approval Register Packet: APPKT00374 - SUPPLIES Vendor Name Account Number Description (Item) Payable Number Post Date Amount Vendor: GLOBAL EQUIPMENT COMPANY GLOBAL EQUIPMENT 100-45-6110 SUPPLIES 109129713 03/07/2016 218.99 Vendor GLOBAL EQUIPMENT COMPANY Total: 218.99 Vendor: GRAINGER GRAINGER 100-45-5370 VEHICLE REPAIRS 9013546487 03/07/2016 287.50 Vendor GRAINGER Total: 287.50 Vendor: GREEN DOOR PROMOTIONS LLC GREEN DOOR PROMOTIONS 400-00-4510 PARKS & REC UNIFORMS 16-1464 03/07/2016 340.50 GREEN DOOR PROMOTIONS 400-00-4510 PARKS & REC UNIFORMS 16-1470 03/07/2016 31724,90 GREEN DOOR PROMOTIONS 400-00-5215 PARKS & REC PROMO ITEMS 16-1479 03/07/2016 495.78 Vendor GREEN DOOR PROMOTIONS LLC Total: 4,561.18 Vendor: GROWER EQUIPMENT & SUPPLY GROWER EQUIPMENT& 100-41-6270 SUPPLIES 59895 03/07/2016 83.80 Vendor GROWER EQUIPMENT & SUPPLY Total: 83.80 Vendor: GRUBICH, JAMIE OR JEFFREY GRUBICH, JAMIE ORJEFFREY 740-00-3750 REFUND RETAINED PERSONNEL INV0001702 03/07/2016 11086,00 Vendor GRUBICH, JAMIE OR JEFFREYTotal: 1,086.00 Vendor: HOBSON, BILL HOBSON, BILL 100-01-6940 REIMB LUNCHEON MTG EXP INV0001705 03/07/2016 90.24 Vendor HOBSON, BILL Total: 90.24 Vendor: HOOKER, CHRIS HOOKER, CHRIS 740-00-3750 REFUND RETAINED PERSONNEL INV0001703 03/07/2016 5,255.00 Vendor HOOKER, CHRIS Total: 5,255.00 Vendor: HRGREEN HRGREEN 440-00-8600 STREET PROGRAM 102096 03/07/2016 3/371450 HRGREEN 440-00-8600 STREET PROGRAM 102738 03/07/2016 1,435.00 HRGREEN 440-00-8600 STREET PROGRAM 103079 03/07/2016 493.00 HRGREEN 440-00-8900 TRAFFIC LIGHTS 103078 03/07/2016 21153,00 HRGREEN 510-31-8500 WATERTOWER 103082 03/07/2016 11162,00 Vendor HRGREEN Total: 80614.50 Vendor: IACP IACP 100-22-5410 DUES 1001187840 03/07/2016 150.00 IACP 100-22-5410 DUES 1001188421 03/07/2016 150.00 IACP 100-22-5410 DUES 1001188422 03/07/2016 150.00 Vendor IACP Total: 450.00 Vendor: ILLINOIS DEPARTMENT OF PUBLIC HEALTH ILLINOISDEPARTMENTOF 100-22-5430 TRAINING INV0001708 03/07/2016 60.00 Vendor ILLINOIS DEPARTMENT OF PUBLIC HEALTH Total: 60.00 Vendor: ILLINOIS FBI NA ILLINOIS FBI NA 100-22-5430 MONTHLY MEETING MARCH 2O16 03/07/2016 75.00 Vendor ILLINOIS FBI NA Total: 75.00 Vendor: ILLINOIS JUVENILE OFFICER'S ASSOC ILLINOIS JUVENILE OFFICER'S 100-22-5430 TRAINING INV0001707 03/07/2016 150.00 Vendor ILLINOIS JUVENILE OFFICER'S ASSOC Total: 150.00 Vendor: ILLINOIS PAPER & COPIER CO ILLINOIS PAPER & COPIER CO 100-00-6210 SUPPLIES IN210350 03/07/2016 535.00 Vendor ILLINOIS PAPER & COPIER CO Total: 535.00 Vendor: ILLINOIS STATE POLICE ILLINOIS STATE POLICE 100-41-5110 CONTRACTUAL SERVICES ILL13714S 03/07/2016 238.00 Vendor ILLINOIS STATE POLICE Total: 238.00 Vendor: IMPACT POWER TECHNOLOGIES LLC IMPACT POWER 100-22-6210 SUPPLIES 7416 03/07/2016 750.00 Vendor IMPACT POWER TECHNOLOGIES LLC Total: 750.00 3/2/2016 12:47:00 PM Expense Approval Register Vendor Name Account Number Vendor:INSCAPE INSCAPE 400-00-8200 Vendor: INTERSTATE BILLING SERVICE INC INTERSTATE BILLING SERVICE 100-33-5370 INTERSTATE BILLING SERVICE 100-33-5370 Vendor: J G UNIFORMS INC J G UNIFORMS INC 100-22-4510 J G UNIFORMS INC 100-22-4510 Vendor: JULIE tNC JULIE INC 510-35-5110 Vendor: KARKI, STEVE KARKI, STEVE 100-47-5110 Vendor: LAKE COUNTY CLERK LAKE COUNTY CLERK 100-01-6940 Vendor: LAKESHORE LEARNING MATERIALS LAKESHORE LEARNING 400-00-6120 Vendor: LAPORTE, MATT LAPORTE, MATT 100-41-5420 Vendor: MARATHON TOWING MARATHON TOWING 100-22-5110 Vendor: MCANDREWS PC, THE LAW OFFICE OF PATRICK MCANDREWS PC, THE LAW 100-01-5230 Description (Item) REC CENTERFURN Payable Number 2160110 Packet: APPKT00374 - REC CENTER FURN Post Date Amount 03/07/2016 Vendor INSCAPE Total VEHICLE REPAIRS 3001365262 03/07/2016 VEHICLE REPAIRS 3001369180 03/07/2016 Vendor INTERSTATE BILLING SERVICE INC Total: EMPLOYEE UNIFORM ALLOW 41324 03/07/2016 EMPLOYEE UNIFORM ALLOW 41326 03/07/2016 Vendor G UNIFORMS INCTotal: CONTRACTUAL SERVICES PARKS &REC PR06RAM NOTARY COMMISSION PARKC &REC EQUIP TRAINING TOWING SERVICES LEGAL FEES Vendor: MCHENRY ANALYTICAL WATER LABORATORY INC MCHENRY ANALYTICAL WATER 510-32-6110 METALS &FOG TESTING MCHENRY ANALYTICAL WATER 510-32-6110 NITROGEN TESTING MCHENRY ANALYTICAL WATER 510-32-6110 NITROGEN TESTING Vendor: MCHENRY AREA CHAMBER OF COMMERCE MCHENRY AREA CHAMBER OF 100-01-6940 MCHENRY AREA CHAMBER OF 100-02-6940 Vendor: MCHENRY COUNTY DIV OF TRANSPORTATION MCHENRY COUNTY DIV OF 100-01-5110 Vendor: MCHENRY COUNTY RECORDER OF DEEDS MCHENRY COUNTY RECORDER 620-00-5110 Vendor: MCHENRY HIGH SCHOOL DISTRICT 156 MCHENRY HIGH SCHOOL 740-00-3750 Vendor: MCHENRY TOWNSHIP FIRE PROTECTION DIST MCHENRY TOWNSHIP FIRE 100-41-5430 2016-1023 03/07/2016 Vendor JULIE INC Total: 2/1/16-2/24/16 03/07/2016 Vendor KARKI, STEVE Total: INV0001709 03/07/2016 Vendor LAKE COUNTY CLERK Total: 5179780216 03/07/2016 Vendor LAKESHORE LEARNING MATERIALS Total: INV0001710 03/07/2016 Vendor LAPORTE, MATT Total: 33655 03/07/2016 Vendor MARATHON TOWING Total: FEB 2016 03/07/2016 Vendor MCANDREWS PC, THE LAW OFFICE OF PATRICK Total: 389892 03/07/2016 389893 03/07/2016 389894 03/07/2016 Vendor MCHENRY ANALYTICAL WATER LABORATORY INC Total: ADMIN EXP 56952 03/07/2016 ADMIN EXP 56952 03/07/2016 Vendor MCHENRY AREA CHAMBER OF COMMERCE Total: MUNICIPALSHARE MCRIDE FEB 2016 03/07/2016 Vendor MCHENRY COUNTY DIV OF TRANSPORTATION Total: LAREDOANNUALMAINT 2016222-19 03/07/2016 Vendor MCHENRY COUNTY RECORDER OF DEEDS Total: REFUND RETAINED PERSONELL INV0001711 03/07/2016 Vendor MCHENRY HIGH SCHOOL DISTRICT 156 Total: TRAINING 35 03/07/2016 Vendor MCHENRY TOWNSHIP FIRE PROTECTION DIST Total 17,686.28 17,686.28 1,212.56 23.65 1,236.21 128.00 178.06 306.06 5,363.90 5,363.90 161.00 161.00 iT�x�P 10.00 1,270.57 1,270.57 149.40 40.00 5,175.00 5,175.00 700.00 60.00 60.00 820.00 28.00 28.00 56.00 2,946.08 2,946.08 275.00 275.00 130.00 130.00 33.00 33.00 3/2/2016 12:47:00 PM Expense Approval Register Packet: APPKT00374 - EQUIPMT REPAIRS Vendor Name Account Number Description (Item) Payable Number Post Date Amount Vendor: METROPOLITAN INDUSTRIES METROPOLITAN INDUSTRIES 510-32-5375 EQUIPMT REPAIRS 0000306554 03/07/2016 31386,50 Vendor METROPOLITAN INDUSTRIES Total: 3,386.50 Vendor: MEYER MATERIAL MEYER MATERIAL 740-00-3750 REFUND RETAINED PERSONNEL INV0001712 03/07/2016 384.50 Vendor MEYER MATERIAL Total: 384.50 Vendor: MID AMERICAN WATER OF WAUCONDA INC MID AMERICAN WATER OF 510-35-6110 SUPPLIES 171945W 03/07/2016 11624,59 Vendor MID AMERICAN WATER OF WAUCONDA INCTotal: 1,624.59 Vendor: MIDCO MIDCO 620-00-5320 MOVE ADMIN FAX LINE 301427 03/07/2016 285.00 MIDCO 620-00-5320 REINST PHONES CED 301650 03/07/2016 379.35 MIDCO 620-00-5320 PHONE MOVES 302093 03/07/2016 285.00 MIDCO 620-00-5110 HELP W/CONFIG WIFI REC 302412 03/07/2016 190.00 MIDCO 400-00-8800 REC CENTER -PHONE WIRE 302578 03/07/2016 21124,95 Vendor MIDCO Total: 3,264.30 Vendor: MIDWEST METER INC MIDWEST METER INC 510-31-6110 SUPPLIES 0074874-IN 03/07/2016 882.75 Vendor MIDWEST METER INCTotal: 882.75 Vendor: MINUTEMAN PRESS OF MCH MINUTEMAN PRESS OF MCH 100-30-6210 BUSINESS CARDS 85529 03/07/2016 45.00 Vendor MINUTEMAN PRESS OF MCH Total: 45.00 Vendor: MNJ TECHNOLOGIES DIRECT INC MNJ TECHNOLOGIES DIRECT 620-00-6270 EQUIPMT 0003446520 03/07/2016 81715,51 Vendor MNJ TECHNOLOGIES DIRECT INC Total: 8,715.51 Vendor: MOJO RENOVATIONS MOJO RENOVATIONS 740-00-3750 REFUND RETAINED PERSONNEL INV0001713 03/07/2016 75,00 Vendor MOJO RENOVATIONS Total: 75.00 Vendor: MOTOROLA SOLUTIONS - STARCOM21 NETWORK MOTOROLASOLUTIONS- 100-22-5370 MICS 02040680 03/07/2016 207,00 MOTOROLA SOLUTIONS - 100-22-5320 STARCOM 21 NETWORK 21844123115 03/07/2016 21182*00 Vendor MOTOROLA SOLUTIONS - STARCOM21 NETWORK Total: 2,389.00 Vendor: MUNICIPAL CLERKS OF LAKE COUNTY MUNICIPAL CLERKS OF LAKE 100-01-5410 MCLC MEETING INV0001714 03/07/2016 15,00 Vendor MUNICIPAL CLERKS OF LAKE COUNTY Total: 15.00 Vendor: NATURESCAPE DESIGN INC NATURESCAPE DESIGN INC 100-45-5110 IRRIGATION MAINTENANCE 2/9/16 03/07/2016 841,50 Vendor NATURESCAPE DESIGN INC Total: 841.50 Vendor: NEXT AUTO SALES NEXT AUTO SALES 740-00-3750 REFUND RETAINED PERSONNEL INV0001715 03/07/2016 79.50 Vendor NEXT AUTO SALES Total: 79.50 Vendor: NICOR GAS NICOR GAS 100-42-5510 UTILITIES 1/14/16-2/12/16 03/07/2016 68.93 NICOR GAS 100-43-5510 UTILITIES 1/14/16-2/12/16 03/07/2016 147.08 NICOR GAS 100-45-5510 UTILITIES 1/14/16-2/12/16 03/07/2016 675,62 NICOR GAS 100-46-5510 UTILITIES 1/14/16-2/12/16 03/07/2016 72,21 NICOR GAS 510-31-5510 UTILITIES 1/14-2/12/16 03/07/2016 1,405.93 NICOR GAS 510-32-5510 UTILITIES 1/14-2/12/16 03/07/2016 2,322.88 Vendor NICOR GAS Total: 4,692.65 Vendor: NORTH EAST MULTI -REGIONAL TRAINING INC NORTHEAST MULTI -REGIONAL 100-22-5430 CANCELLATION FEE 202539 03/07/2016 50400 Vendor NORTH EAST MULTI -REGIONAL TRAINING INCTotal: 50.00 Vendor: NORTH SUBURBAN WATER NORTH SUBURBAN WATER 510-31-5430 MONTHLY MEETING MARCH 2O16 03/07/2016 80,00 Vendor NORTH SUBURBAN WATER Total: 80.00 3/2/2016 12:47:00 PM Expense Approval Register Vendor Name Account Number Vendor: NORTHERN TOOL & EQUIPMENT NORTHERN TOOL & 510-32-6110 Vendor: ORBIS CONSTRUCTION ORBIS CONSTRUCTION 740-00-3750 Vendor: O'REILLY AUTO PARTS O'REILLY AUTO PARTS 740-00-3750 Vendor: PACINI GROUP PACINI GROUP PACINI GROUP PACINI GROUP PACINI GROUP Vendor: PANDA EXPRESS PANDA EXPRESS Vendor: PETROLIANCE LLC PETROLIANCE LLC PETROLIANCE LLC PETROLIANCE LLC PETROLIANCE LLC PETROLIANCE LLC PETROLIANCE LLC PETROLIANCE LLC PETROLIANCE LLC PETROLIANCE LLC PETROLIANCE LLC Packet: APPKT00374 - SUPPLIES Description (Item) Payable Number Post Date Amount SUPPLIES 33939709A 03/07/2016 65.28 Vendor NORTHERN TOOL & EQUIPMENT Total: 65.28 REFUND RETAINED PERSONNEL INV0001717 03/07/2016 95.00 Vendor ORBIS CONSTRUCTION Total: 95.00 REFUND RETAINED PERSONNEL INV0001718 03/07/2016 350.00 Vendor O'REILLY AUTO PARTS Total: 350.00 740-00-3750 REFUND RETAINED PERSONNEL BULL VALLEY/RT31 740-00-3750 REFUND RETAINED PERSONNEL DARTMOOR EXT 740-00-3750 REFUND RETAINED PERSONNEL MCH COMM CENTER 740-00-3750 REFUND RETAINED PERSONNEL RIDGEVIEW EXT 740-00-3750 REFUND RETAINED PERSONNEL INV0001719 100-22-6250 100-22-6250 100-45-6250 100-22-6250 100-03-6250 100-03-6250 100-45-6250 100-22-6250 100-22-6250 100-22-6250 VEHICLE FUEL VEHICLE FUEL VEHICLE FUEL VEHICLE FUEL VEHICLE FUEL VEHICLE FUEL VEHICLE FUEL VEHICLE FUEL VEHICLE FUEL VEHICLE FUEL Vendor: PETROW, STEPHANIE S PETROW, STEPHANIE S 100-46-5110 PARKS & REC PROGRAM Vendor: PETTIBONE & CO, P F PETTIBONE & CO, P F 100-22-4510 EMPLOYEE UNIFORM ALLOW PETTIBONE & CO, P F 100-22-4510 EMPLOYEE UNIFORM ALLOW PETTIBONE & CO, P F 100-01-6210 LIQUOR LICENSE PETTIBONE & CO, P F 100-22-4510 EMPLOYEE UNIFORM ALLOW PETTIBONE & CO, P F 100-22-4510 EMPLOYEE UNIFORM ALLOW Vendor: PLATINUM HEATING &COOLING INC PLATINUM HEATING & 510-32-5380 REPAIRS Vendor: POWERSYSTEMS POWERSYSTEMS 400-00-8300 REC CENTER EQUIP Vendor: PROSHRED SECURITY PROSHREDSECURITY 100-22-5110 SHREDDING SERVICES PROSHRED SECURITY 100-01-5110 SHREDDING SERVICES Vendor: QUALITY TIRE SERVICE QUALITYTIRESERVICE 100-45-5370 VEHICLE REPAIRS Vendor: REGNER, WILLIAM J REGNER, WILLIAM J 100-00-3410 BOCA LUNCH MTG REIMB 9736355 9739889 9742211 9742213 9745624 9748154 9748157 9738579 9745629 9748159 2/24/16 33579 34991 35058 35065 35082 4101 8175437 03/07/2016 03/07/2016 03/07/2016 03/07/2016 Vendor PACINI GROUP Total: 03/07/2016 Vendor PANDA EXPRESS Total: 03/07/2016 03/07/2016 03/07/2016 03/07/2016 03/07/2016 03/07/2016 03/07/2016 03/07/2016 03/07/2016 03/07/2016 Vendor PETROLIANCE LLC Total: 03/07/2016 Vendor PETROW, STEPHANIE 5 Total: 03/07/2016 03/07/2016 03/07/2016 03/07/2016 03/07/2016 Vendor PETTIBONE & CO, P F Total: 03/07/2016 Vendor PLATINUM HEATING &COOLING INCTotal: 03/07/2016 Vendor POWERSYSTEMS Total: 990012351 03/07/2016 990012566 03/07/2016 Vendor PROSHRED SECURITY Total: 40410 03/07/2016 Vendor QUALITY TIRE SERVICE Total: INV0001720 03/07/2016 Vendor REGNER, WILLIAM J Total: 676.79 136.62 10,100.70 135.05 11,049.16 5,649.50 5,649.50 1,320.13 683.89 153.78 1,127.38 20.97 27.34 77.78 830.06 1,243.00 1,104.82 6,589.15 80.00 80.00 34.00 54.50 435.00 61.90 124.95 710.35 21216.41 21216.41 819.76 819.76 53.00 80.00 133.00 199.50 199.50 15.00 3/2/2016 12:47:00 PM Expense Approval Register Vendor Name Account Number Description (Item) Payable Number Vendor: RESERVEACCOUNT RESERVE ACCOUNT 100-01-5310 POSTAGE FOR MAILING INV0001721 RESERVE ACCOUNT 100-02-5310 POSTAGE FOR MAILING INV0001721 RESERVE ACCOUNT 100-03-5310 POSTAGE FOR MAILING INV0001721 RESERVE ACCOUNT 100-04-5310 POSTAGE FOR MAILING INV0001721 RESERVE ACCOUNT 100-22-5310 POSTAGE FOR MAILING INV0001721 RESERVE ACCOUNT 100-30-5310 POSTAGE FOR MAILING INV0001721 RESERVE ACCOUNT 100-41-5310 POSTAGE FOR MAILING INV0001721 RESERVE ACCOUNT 510-31-5310 POSTAGE FOR MAILING INV0001722 RESERVE ACCOUNT 510-32-5310 POSTAGE FOR MAILING INV0001722 Vendor: RIDGEVIEW ELECTRIC INC RIDGEVIEW ELECTRIC INC 100-01-5110 REMOVAL CRACKED LIGHT 35132 Vendor: RIVERSIDE BAKE SHOP RIVERSIDE BAKE SHOP 100-01-6940 MEETING SUPPLIES 126280 Vendor: RMH ILLINOIS CC RMH ILLINOIS CC 740-00-3750 REFUND RETAINED PERSONNEL INV0001723 Vendor: RNOW INC RNOW INC 510-35-6110 SUPPLIES 2016-49295 Vendor: SCHATZ, ALISON SCHATZ, ALISON 100-41-3636 PARKS & REC REFUND 129908 Vendor: SCHOPEN PEST SOLUTIONS INC SCHOPEN PESTSOLUTIONS INC 100-45-5110 Vendor: SEMROW 1R, HARRY H SEMROW JR, HARRY H SEMROW JR, HARRY H Vendor: SHERWOOD, CYRESE SHERWOOD, CYRESE QUARTERLY PEST CONTROL- 49099 Packet: APPKT00374 - POSTAGE FOR MAILING MACHINE Post Date 03/07/2016 03/07/2016 03/07/2016 03/07/2016 03/07/2016 03/07/2016 03/07/2016 03/07/2016 03/07/2016 Vendor RESERVE ACCOUNT Total: 03/07/2016 Vendor RIDGEVIEW ELECTRIC INC Total: 03/07/2016 Vendor RIVERSIDE BAKE SHOP Total: 03/07/2016 Vendor RMH ILLINOIS CC Total: 03/07/2016 Vendor RNOW INC Total: 03/07/2016 Vendor SCHATZ, ALISON Total: 03/07/2016 Vendor SCHOPEN PEST SOLUTIONS INC Total: 100-22-5110 Vendor: SIRCHIE FINGER PRINT LABORATORIES SIRCHIE FINGER PRINT 100-22-6210 Vendor: STANS LPS MIDWEST STANS LPS MIDWEST 400-00-8800 EVIDENCE SUPPLIES 0242524-IN 03/07/2016 Amount 15.48 4.23 124.31 305.27 151.01 7.44 112.51 53.04 19.78 793.07 290.00 290.00 23.60 23.60 416.66 416.66 612.54 612.54 30.00 30.00 177.00 177.00 63.75 573.75 27.75 249.75 915.00 84.00 84.00 366.95 366.95 81364,43 8/364643 100-00-6210 SUPPLIES 8038052549 03/07/2016 21.98 100-00-6210 SUPPLIES 8038052549 03/07/2016 -1,001.31 100-01-6210 SUPPLIES 8038052549 03/07/2016 59.88 100-03-6210 SUPPLIES 8038052549 03/07/2016 5.03 100-04-6210 SUPPLIES 8038052549 03/07/2016 615.06 100-04-6210 SUPPLIES 8038052549 03/07/2016 13.19 100-22-6210 SUPPLIES 8038052549 03/07/2016 52.74 100-22-6210 SUPPLIES 8038052549 03/07/2016 184.76 100-41-6210 SUPPLIES 8038052549 03/07/2016 201.49 100-00-6210 SUPPLIES 8038141521 03/07/2016 296.76 100-22-6210 SUPPLIES 8038141521 03/07/2016 26.45 3/2/2016 12:47:00 PM Expense Approval Register Vendor Name Account Number STAPLES ADVANTAGE 100-47-6110 Vendor: STAPLES CREDIT PLAN STAPLES CREDIT PLAN 100-01-6110 STAPLES CREDIT PLAN 100-03-6210 STAPLES CREDIT PLAN 100-22-6210 STAPLES CREDIT PLAN 100-22-6270 STAPLES CREDIT PLAN 100-30-6210 STAPLES CREDIT PLAN 100-33-6210 STAPLES CREDIT PLAN 100-41-6210 STAPLES CREDIT PLAN 620-00-6210 Vendor: STEELING, DON STELLING, DON 740-00-3750 Vendor: STUCKEY CONSTRUCTION STUCKEY CONSTRUCTION 400-00-8200 Vendor: SUNNYSIDE COMPANY SUNNYSIDE COMPANY 450-00-8400 SUNNYSIDE COMPANY 740-00-3750 Vendor: SYNEK, JENNIFER SYNEK, JENNIFER 100 22-5420 Vendor: TABIN, DIANA D TABIN, DIANA D 740-00-3750 Vendor: TEMPLE DISPLAY LTD TEMPLE DISPLAY LTD 100-45-5110 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: TOWNHOMES OF PRAIRIE LAKES LLC TOWNHOMES OF PRAIRIE 100-00-3410 Vendor: TRANSITIONAL LIVIING SERVICES TRANSITIONAL LIVIING 740-00-3750 Vendor: TYLER TECHNOLOGIES TYLERTECHNOLOGIES 620-00-5110 TYLER TECHNOLOGIES 510-31-5110 TYLER TECHNOLOGIES 510-32-5110 Vendor: ULINE ULINE 100-22-6210 Vendor: ULTRA STROBE COMMUNICATIONS INC ULTRA STROBE 610-00-5980 ULTRA STROBE 610-00-5980 Description (Item) Payable Number SUPPLIES 8038141521 SUPPLIES 1/20/16-2/4/16 SUPPLIES 1/20/16-2/4/16 SUPPLIES 1/20/16-2/4/16 SUPPLIES 1/20/16-2/4/16 SUPPLIES 1/20/16-2/4/16 SUPPLIES 1/20/16-2/4/16 SUPPLIES 1/20/16-2/4/16 SUPPLIES 1/20/16-2/4/16 REFUND RETAINED PERSONNEL INV0001725 REC CENTER 11 PICK UP TRUCK 1/20/16 REFUND RETAINED PERSONNEL INV0001726 REISSUE FOR LOSTCK-TRAVEL INV0001724 Packet: APPKT00374 - SUPPLIES Post Date 03/07/2016 Vendor STAPLES ADVANTAGE Total: 03/07/2016 03/07/2016 03/07/2016 03/07/2016 03/07/2016 03/07/2016 03/07/2016 03/07/2016 Vendor STAPLES CREDIT PLAN Total: 03/07/2016 Vendor STELLING, DON Total: 03/07/2016 Vendor STUCKEY CONSTRUCTION Total: 03/07/2016 03/07/2016 Vendor SUNNYSIDE COMPANY Total: 03/07/2016 Vendor SYNEK, JENNIFER Total: Amount 90.97 567.00 61.02 2.38 52.81 379.98 67.99 12.69 265.31 287.45 1,129.63 79.50 79.50 96,003.65 96,003.65 44,872.00 395.00 45,267.00 8.00 M1 REFUND RETAINED PERSONNEL INV0001727 03/07/2016 1,500.00 Vendor TABIN, DIANA D Total: 1,500.00 CHARACTER COUNTS BANNERS 14897 03/07/2016 11321,92 Vendor TEMPLE DISPLAY LTD Total: 1,321.92 EMPLOYEE UNIFORM 787297 03/07/2016 56.00 Vendor TONY'S FAMILY TAILOR SHOP Total: 56.00 TRAINING/SUPPLIES 17820 03/07/2016 353.49 VendorTOPS IN DOG TRAINING CORPTotal: 353.49 OVERCHG OPERAT FEES FOR INV0001729 03/07/2016 300.00 Vendor TOWNHOMES OF PRAIRIE LAKES LLC Total: 300.00 REFUND RETAINED PERSONNEL INV0001728 03/07/2016 348.67 Vendor TRANSITIONAL LIVIING SERVICES Total: 348.67 FINANCE SOFTWARE MAINT 025-147747 03/07/2016 25,852,49 UITLITY BILLING MONTHLY FEE 025-148236 03/07/2016 60.00 UITLITY BILLING MONTHLY FEE 025-148236 03/07/2016 60.00 Vendor TYLER TECHNOLOGIES Total: 25,972.49 SUPPLIES 7565830 03/07/2016 123.51 Vendor ULINE Total: 123.51 INSTALLATION OF EQUIPMT 070741 03/07/2016 11934,90 REMOVAL OF EQUIPMT 070817 03/07/2016 250.00 3/2/2016 12:47:00 PM Expense Approval Register Vendor Name ULTRA STROBE Vendor: US CELLULAR US CELLULAR Account Number 450-00-8300 740-00-3750 Vendor: VALLEY VIEW ACRES VALLEY VIEW ACRES 100-47-5110 Vendor: WASTE MANAGEMENT OF WI PHEASANT RUN RDF WASTE MANAGEMENT OF WI 510-32-5580 Vendor: WAUKEGAN SAFE &LOCK SERVICES INC WAUKEGAN SAFE & LOCK 400-00-6141 Vendor: WOODWARD PRINTING SERVICES WOODWARD PRINTING 400-00-5210 Vendor: WORKING WORLD INC WORKING WORLD INC 100-01-5110 WORKING WORLD INC 100-01-5110 WORKING WORLD INC 100-01-5110 WORKING WORLD INC 100-01-5110 Packet: APPKT00374 - INSTALL EQUIPMT Description (Item) Payable Number Post Date Amount CAPITAL EQUIPMT 070757 03/07/2016 560.95 Vendor ULTRA STROBE COMMUNICATIONS INC Total: 2,745.85 REFUND RETAINED PERSONNEL INV0001730 03/07/2016 500.00 Vendor US CELLULAR Total: 500.00 PARKS & REC PROGRAM 16246 03/07/2016 100.00 Vendor VALLEY VIEW ACRES Total: 100.00 SLUDGE REMOVAL REC CENTER SUPPLIES REC CENTER POSTCARDS CONTRACTUAL SERVICES CONTRACTUALSERVICES CONTRACTUAL SERVICES CONTRACTUALSERVICES 0029951-2742-6 03/07/2016 Vendor WASTE MANAGEMENT OF WI PHEASANT RUN RDF Total: W376808 03/07/2016 Vendor WAUKEGAN SAFE & LOCK SERVICES INC Total: 32434 03/07/2016 Vendor WOODWARD PRINTING SERVICES Total: 11,929.84 11,929.84 11250,00 1,250.00 977.00 977.00 127932 03/07/2016 475.83 127994 03/07/2016 517.82 128059 03/07/2016 541.14 128125 03/07/2016 541.14 Vendor WORKING WORLD INC Total: 2,075.93 Grand Total: 594,593.16 3/2/2016 12:47:00 PM Expense Approval Register Packet: APPKT00374 - CONTRACTUAL SERVICES Fund Summary Fund 100-GENERAL FUND 225 - ALARM BOARD FUND 300 - DEBT SERVICE-1997A FUND 400- RECREATION CENTER FUND 440-CAPITALIMPROVEMENTS FUND 450 - CAPITAL EQUIPMENT FUND 510- WATER/SEWER FUND 610 - RISK MANAGEMENT FUND 620-INFORMATION TECHNOLOGY FUND 740 - RETAINED PERSONNEL ESCROW Expense Amount 72,808,72 195,00 1,302.50 351,112,61 71452,50 45,432.95 36,760.90 2,659.90 37,503.02 39,365.06 Grand Total: 594,593.16 e t Vendor Name McHenry, IL Account Number Vendor:ADAMS ENTERPRISES INC, R A ADAMS ENTERPRISES INC, RA 100-33-5370 ADAMS ENTERPRISES INC, RA 100-33-5370 ADAMS ENTERPRISES INC, RA 100-33-5370 Vendor: ADAMS STEEL SERVICE INC ADAMS STEEL SERVICE INC 100-33-6110 ADAMS STEEL SERVICE INC 510-35-5370 Vendor: AMERICAN HEATING &COOLING AMERICAN HEATING & 100-33-5115 Vendor: AMERICAN WATER WORKS ASSN AMERICAN WATER WORKS 510-31-5410 Vendor: APWA APWA 100-30-5410 APWA 100-33-5430 Vendor: ARIES INDUSTRIES INC ARIES INDUSTRIES INC 510-35-6110 Vendor: BERANEK, CHRIS BERANEK, CHRIS 510-35-4510 Vendor: BIG R STORE BIG R STORE 100-33-6110 BIG R STORE 510-31-4510 Vendor: BOTTS WELDING &TRUCK SERVICE INC BOTTS WELDING &TRUCK 510-35-5370 Vendor: BUSS FORD SALES BUSS FORD SALES 100-33-5370 BUSS FORD SALES 100-33-5370 Vendor: CRESCENT ELECTRIC SUPPLY CO CRESCENT ELECTRIC SUPPLY CO 510-35-6110 CRESCENT ELECTRIC SUPPLY CO 510-32-5380 Vendor: DURA WAX COMPANY INC, THE DURA WAX COMPANY INC, THE 100-33-6115 Vendor: EAST JORDAN IRON WORKS EASTJORDAN IRON WORKS 610-00-5980 Vendor: EJ EQUIPMENT EJ EQUIPMENT 100-33-5370 Expense Approval Register LIST OF BILLS #2 COUNCIL MEETING 3/7/16 Description (Item) Payable Number Post Date Amount plow flags 774312 03/07/2016 103.50 cylinder 775011 03/07/2016 270,75 lens 775371 03/07/2016 130.29 Vendor ADAMS ENTERPRISES INC, R A Total: 504,54 annual bottle rental Jan2016-4 03/07/2016 80.00 steel 330925 03/07/2016 123.00 Vendor ADAMS STEEL SERVICE INC Total: 20100 Parts and labor for boiler 02041602 03/07/2016 508,00 Vendor AMERICAN HEATING & COOLING Total: 508900 Membership Dues: Bryan 7001162591 03/07/2016 83.00 Vendor AMERICAN WATERWORKS ASSN Total: 8300 APWA 5/1/16-4/30/17 03/07/2016 155,00 APWA membership for Scott 5/1/16-4/30/17A 03/07/2016 155,00 Vendor APWA Total: 310.00 Sewercamera repair 354598 03/07/2016 11679*53 Vendor ARIES INDUSTRIES INC Total: 1,679.53 Chris Beranek ( Clothing INV0001731 03/07/2016 70.93 Vendor BERANEK, CHRIS Total: 70.93 chain saw parts FEB 2016 03/07/2016 87,93 Sandoz - Clothing Allowance FEB,2016 03/07/2016 90,96 Vendor BIG R STORE Total: 178.89 chamber 2/10/16 03/07/2016 34.46 Vendor BOTTS WELDING & TRUCK SERVICE INC Total: 34.46 moulding 50195631 03/07/2016 65,68 molding 50201991 03/07/2016 65.68 Vendor BUSS FORD SALES Total: 131.36 Electric supplies for Camera S501657044.001 03/07/2016 84,95 30amp fuses lift stations S501660432.001 03/07/2016 129.79 Vendor CRESCENT ELECTRIC SUPPLY CO Total: 214974 mop heads and new and blue 382236 03/07/2016 53,80 Vendor DURA WAX COMPANY INC, THE Total: 53.80 EJIW break -a -way kit 3931041 03/07/2016 100.00 Vendor EAST JORDAN IRON WORKS Total: 100000 coupler P0718 03/07/2016 369.55 Vendor EJ EQUIPMENT Total: 369.55 3/2/2016 2:05:47 PM Expense Approval Register Vendor Name Account Number Vendor: GRAINGER GRAINGER 510-32-6110 Vendor: GREVE, CUNT GREVE, CLINT 510-35-4510 Vendor: HACH COMPANY HACH COMPANY 510-31-6110 Vendor: HAWKINS INC HAWKINS INC 510-32-6110 Vendor: HD SUPPLY WATERWORKS HD SUPPLY WATERWORKS 510-32-5375 Vendor: ILLINOIS STATE TREASURER ILLINOIS STATE TREASURER 100-33-5110 Vendor: IN -PIPE TECHNOLOGY COMPANY INC IN -PIPE TECHNOLOGY 510-32-5110 Vendor: INTERSTATE BILLING SERVICE INC INTERSTATE BILLING SERVICE 100-33-5370 INTERSTATE BILLING SERVICE 510-32-5370 INTERSTATE BILLING SERVICE 100-33-5370 Vendor: JOHNSON, SEAN JOHNSON, SEAN 510-35-4510 Vendor: KIMBALLMIDWEST KIMBALLMIDWEST 100-33-5370 KIMBALLMIDWEST 100-33-5370 KIMBALLMIDWEST 100-33-5370 Vendor: KOMLINE-SANDERSON ENGINEERING CORP KOMLINE-SANDERSON 510-32-6110 Vendor: LEACH ENTERPRISES INC LEACH ENTERPRISES INC 100-33-5370 Description (Item) Scrub Brushs and Handles Payable Number 9020979275 Clint Greve clothing allowance INV0001732 Lab Supplies Chlorine Yard Hydrant parts Traffic light maintenance In -Pipe monthly service fee fittings seaI steering link Sean Johnson Clothing shop supplies supplies supplies Belt Press Parts dust covers Vendor: MAYER, PATRICK MAYER, PATRICK 100-33-4510 uniforms for Pat Maher Vendor: MCHENRY ANALYTICAL WATER LABORATORY INC MCHENRY ANALYTICAL WATER 510-31-5110 Water Samples MCHENRY ANALYTICAL WATER 510-31-5110 WTP 1 VOC Sample MCHENRY ANALYTICAL WATER 510-31-5110 FluorideSamples Vendor: MCHENRY POWER EQUIPMENT INC MCHENRY POWER EQUIPMENT 100-33-5370 MCHENRY POWER EQUIPMENT 100-33-5370 Vendor: MEADE INC MEADE INC 100-33-6110 double guard bar, chain echo chain saw parts Traffic lightlocate and Packet: APPKT00375 - Scrub Brushes and Handles Post Date Amount 03/07/2016 507.90 Vendor GRAINGER Total: 507.90 03/07/2016 302.01 Vendor GREVE, CLINT Total: 302.01 9785133 03/07/2016 179.24 Vendor HACH COMPANY Total: 179.24 3835189ri 03/07/2016 11448,70 Vendor HAWKINS INC Total: 11448.70 F115038 03/07/2016 1,532.00 Vendor HD SUPPLY WATERWORKS Total: 11532.00 43419 03/07/2016 61403,91 Vendor ILLINOIS STATE TREASURER Total: 61403.91 16166 03/07/2016 8/000400 Vendor IN -PIPE TECHNOLOGY COMPANY INC Total: 8/000000 3001568152 03/07/2016 45.52 3001582354 03/07/2016 3.61 300166926 03/07/2016 393.56 Vendor INTERSTATE BILLING SERVICE INC Total: 442.69 INV0001733 03/07/2016 12.72 Vendor JOHNSON, SEAN Total: 12.72 4708554 03/07/2016 658.24 4721146 03/07/2016 395.44 4734614 03/07/2016 362.50 Vendor KIMBALL MIDWEST Total: 11416A8 42029760 03/07/2016 284.13 Vendor KOMLINE-SANDERSON ENGINEERING CORP Total: 284.13 884821 03/07/2016 46.66 Vendor LEACH ENTERPRISES INC Total: 46.66 INV0001734 03/07/2016 78.45 Vendor MAYER, PATRICK Total: 78.45 1600507 03/07/2016 440.00 389946 03/07/2016 95.00 389999 03/07/2016 60.00 Vendor MCHENRY ANALYTICAL WATER LABORATORY INC Total: 595.00 159308 03/07/2016 164.09 160156 03/07/2016 19.90 Vendor MCHENRY POWER EQUIPMENT INC Total: 183.99 672447 03/07/2016 275.78 3/2/2016 2:05:47 PM Expense Approval Register Vendor Name Account Number MEADE INC 100-33-6110 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: NCL OF WISCONSIN INC NCL OF WISCONSIN INC 510-32-6110 NCL OF WISCONSIN INC 510-32-6110 Vendor: PADRO, PEDRO PADRO, PEDRO 100-33-4510 Vendor: PETROLIANCE LLC PETROLIANCE LLC 510-35-6250 PETROLIANCE LLC 100-33-6250 PETROLIANCE LLC 100-33-6250 PETROLIANCE LLC 510-35-6250 PETROLIANCE LLC 510-31-6250 PETROLIANCE LLC 510-32-6250 PETROLIANCE LLC 510-31-6250 PETROLIANCE LLC 100-33-6250 PETROLIANCE LLC 510-35-6250 PETROLIANCE LLC 510-32-6250 PETROLIANCE LLC 100-33-6250 Vendor: PRECISION POWER COATING INC PRECISION POWER COATING 100-33-6110 Vendor: PRECISION SHARPENING PRECISION SHARPENING 100-33-6110 Vendor:PROSAFETYINC PROSAFETYINC 100-33-6110 Vendor: QUALITY TIRE SERVICE QUALITY TIRE SERVICE 100-33-5370 Vendor: RELIABLE MAINTENANCE INC RELIABLE MAINTENANCE INC 100-33-5115 Vendor: RNOW INC RNOW INC 100-33-5370 Vendor: RU55O POWER EQUIPMENT RUSSO POWER EQUIPMENT 100-33-5370 Vendor: SHERMAN MECHANICAL INC SHERMAN MECHANICAL INC 100-33-6115 Vendor: TRAFFIC CONTROL &PROTECTION INC TRAFFIC CONTROL & 100-33-6110 TRAFFIC CONTROL & 100-33-6110 Packet: APPKT00375 - Traffic light locate and inspection Description (Item) Payable Number Post Date Traffic light locate and 672447 03/07/2016 Vendor MEADE INC Total W.Dartmoor Rebuild kit 0000307388 03/07/2016 Vendor METROPOLITAN INDUSTRIES Total: bbox lids, repair clamps plugs 171919W-1 03/07/2016 bbox lids, repair clamps plugs 171919W 03/07/2016 Vendor MID AMERICAN WATER OF WAUCONDA INC Total: Lab supplies 368212 03/07/2016 Lab supplies 368258 03/07/2016 Vendor NCL OF WISCONSIN INC Total: Work boots Fuel fueI mobilfuid oil fuel fuel fuel fuel fuel fuel fuel fuel Powder coating saw blade sharpening insulated steel toe hip boat flat repair Carpet cleaning at 1415 water valves chain saw parts INV0001683 9742181 9742212 9743653 9745595 9748156 9745625 9745626 9745628 9748128 9748155 9748158 8505 0379 2/817390 40418 43076 2016-49273 2894079 Heater at 1415 Industrial Dr W14232 Steeplechase street sign 85640 traffic sign 85682 03/07/2016 Vendor PADRO, PEDRO Total: 03/07/2016 03/07/2016 03/07/2016 03/07/2016 03/07/2016 03/07/2016 03/07/2016 03/07/2016 03/07/2016 03/07/2016 03/07/2016 Vendor PETROLIANCE LLC Total 03/07/2016 Vendor PRECISION POWER COATING INCTotal: 03/07/2016 Vendor PRECISION SHARPENING Total 03/07/2016 Vendor PROSAFETY INC Total: 03/07/2016 Vendor QUALITY TIRE SERVICE Total: 03/07/2016 Vendor RELIABLE MAINTENANCE INCTotal 03/07/2016 Vendor RNOW INCTotal: 03/07/2016 Vendor RUSSO POWER EQUIPMENT Total 03/07/2016 Vendor SHERMAN MECHANICAL INC Total 03/07/2016 03/07/2016 Amount 144.18 419.96 1,830.49 1,830.49 165.00 25.00 190.00 1,231.29 35.00 1,266.29 53.85 53.85 180.74 475.44 1,219.08 48.41 43.70 254.62 136.70 1,701.29 159.59 237.80 728.07 5,185.44 750.00 750.00 92.00 92.00 160.37 160.37 40.00 40.00 360.00 360.00 416.32 416.32 161.99 161.99 196.35 196.35 64.75 189.45 3/2/2016 2:05:47 PM Expense Approval Register Vendor Name Account Number TRAFFIC CONTROL & 100-33-6110 TRAFFIC CONTROL & 100-33-6110 Vendor: USA BLUEBOOK USA BLUEBOOK 510-31-6270 Vendor: WATER PRODUCTS - AURORA WATERPRODUCTS-AURORA 100-33-6110 WATERPRODUCTS-AURORA 510-35-6110 Vendor: XYLEM WATER SOLUTIONS USA INC XYLEM WATER SOLUTIONS USA 510-32-5380 Packet: APPKT00375 - traffic sign Description (Item) Payable Number Post Date Amount traffic sign 85683 03/07/2016 298.60 stock traffis signs 85632 03/07/2016 285.20 Vendor TRAFFIC CONTROL & PROTECTION INC Total: 838.00 Metal Detector 876861 03/07/2016 795.35 Vendor USA BLUEBOOK Total: 795.35 riser rings 0263537 03/07/2016 66.00 Parts for stock 0264378 03/07/2016 11242,48 Vendor WATER PRODUCTS - AURORA Total: 1,308.48 Anne St. impeller and wear 3556883562 03/07/2016 2,123.38 Vendor XYLEM WATER SOLUTIONS USA INC Total: 2,123.38 Grand Total: 42,063.65 3/2/2016 2:05:47 PM Expense Approval Register Packet: APPKT00375 - Anne St. impeller and wear rings Fund Summary Fund Expense Amount 100- GENERAL FUND 18,292.17 510- WATER/SEWER FUND 23,671,48 610 - RISK MANAGEMENT FUND 100000 Grand Total: 42,06165 Office of Finance & Accounting Carolyn Lynch, Director McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2100 Fax: (815) 363-2119 www.ci.mchenry.il.us REGULAR AGENDA SUPPLEMENT DATE: March 7, 2016 TO: Mayor and City Council FROM: Carolyn Lynch, Finance Director RE: New Revolving Loan Agreement and Personal Guaranties ATTACHMENTS: 1. Revolving Loan Modification Agreement 2. Personal Guaranties 3. Letter from Dan Kernes BACKGROUND: On October 7, 2013 the City Council approved an agreement with Utopian Roast, LLC d/b/a Hidden Pearl Cafe for a revolving loan in the amount of $34,000. First National Bank handled the underwriting as well as the loan services on the revolving loan. On June 1, 2015 the City Council approved the reassignment of the loan to the City of McHenry. Since then one of the owner's of the Utopian Roast, LLC has filed and been granted bankruptcy. This bankruptcy nullifies the personal guaranty that was signed. The loan payments have also not been made in a timely fashion. Attorney McArdle and staff met with the Kernes' to learn their intentions. At that time, the Kernes' stated their intentions to resign personal guaranties as well as to create a new payment schedule that could be maintained until such time that they are able to open a new store and bring in additional revenues. ANALYSIS: Attached is the new modified loan agreement with the City and Utopian Roast, LLC as well as personal guaranties with Dan and Christine Kernes. The new loan agreement payment schedule requires a payment of $200 at the execution of the agreement and $150 weekly thereafter. As of this meeting, these payments have all been made in a timely fashion. The owner feels comfortable that the business will pick up and with an addition of a new location they will be able to begin making the original payment of $660.73 per month this summer. The owners at Utopian Roast, LLC have signed off on this agreement and staff feels the new agreement will have the loan being paid off in a timely fashion. RECOMMENDATION: Therefore, if council concurs, it is recommended to approve the execution A the Mayor's signature on the attached loan modification agreement with Utopian Roast, LLC d/b/a Hidden Pearl Cafe with the payment terms of $200 at execution and $150 each week until 60 days after the opening of a new business or June 1, 20166 FIRST AMENDMENT TO LOAN MODIFICATION AGREEMENT THIS FIRST AMENDMENT TO LOAN MODIFICATION AGREEMENT (this "Amendment") is made as of the �_ of February, 2016 by and among the City of McHenry, an Illinois municipal corporation ("McHenry") and Utopian Roast LLC d/b/a Hidden Pearl Cafe, an Illinois limited liability company ("Borrower"), and Daniel Kernel and Christine Kernel (collectively, "Guarantors"). RECITALS WHEREAS, McHenry, Borrower, Christine Kernel, and Lisa Brand had previously entered into a certain Loan Modification Agreement dated as of April 16, 2015 (the "Agreement"), whereby McHenry agreed to forbear from exercising certain rights it has under a Loan to Borrower, as defined in the Agreement. WHEREAS, Daniel Kernel is married to Christine Kearns and, therefore, has an indirect financial interest in Borrower. WHEREAS, the parties now wish to amend that Agreement to add Daniel Kernes as a guarantor and to extend the forbearance referred to in the Agreement, under the terms and conditions referred to in this Amendment. NOW THEREFORE, for good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, the parties agree as follows: 1. Upon execution of this Amendment, Daniel Kernel, individually, shall execute an unconditional personal guaranty of Borrower's indebtedness to McHenry in the form attached as Exhibit A. 2. Upon execution of this Amendment, Christine Kernel, individually, shall execute a new unconditional personal guaranty of Borrower's indebtedness to McHenry in the form attached as Exhibit B. 3. Section 1.3(b) of the Agreement is amended to reflect that, iin lieu of the payment schedule described therein, Borrower shall for the period beginning with the execution of this Agreement, pay to McHenry the sum of $200, and the sum of $150 weeldy thereafter until 60 days after the opening of a new business location, or until the end of the Forbearance Period (as modified by Section 4 of this Amendment), whichever is sooner. 4. Section 1.2 of the Agreement is amended to reflect, notwithstanding anything to the contrary contained therein, the Forbearance Period shall be extended until June 1, 2016. 5. Christine Kearns represents and warrants that she has authority to execute and deliver this Amendment on behalf of Borrower. This Amendment has been duly and validly authorized, executed and delivered by Borrower and constitutes its legal, valid and binding obligation, enforceable in accordance with its terms. 6. In all other respects, the parties reconfirm the Agreement. [Signatures follow] Page 1 of 8 IN WITNESS WHEREOF, the parties have hereunto set their hands and seals effective as of the date first above written. McHENRY: City of McHenry BY. BORROWER: Utopian Roast LLC d/b/a Hidden Pearl Cafe Page 2 of 8 GUARANTY THIS GUARANTY ("Guaranty"), dated as of February I j, 2016 (the "Effective Date"), is executed by Daniel Kernes, 406 N. Shepherd Hill Lane, McHenry, IL 60050 ( 'Guarantor") for the benefit of the City of McHenry, an Illinois municipal corporation ("Lender"). RECITALS A. Utopian Roast LLC d/b/a Hidden Pearl Cafe, an Illinois limited liability company ("Bonower"), executed that certain Promissory Note dated October 16, 2013 (the "Note") to the order of the First National Bank of McHenry, which thereafter assigned its interest to Lender. B. Borrower and Lender entered into a certain Loan Modification Agreement dated April _, 2015 the "Loan Modification Agreement") and Borrower has requested that Lender extend its forbearance described in that Loan Modification Agreement through an Amendment to Loan Modification dated of even date herewith ("Amendment"). The Note, Loan Modification Agreement, Amendment, and any documents described therein as security for the indebtedness described in the Note are collectively referred to as the "Loan Documents." C. Guarantor has a financial interest in Borrower and Lender required as a condition to the extension of credit to Borrower that Guarantor execute and deliver this Guaranty. NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are acknowledged, Guarantor agrees as follows: 1. Guaran Guarantor unconditionally and irrevocably guaranties to Lender the punctual performance and payment when due, of all obligations of Borrower to Lender, arising under the Loan Documents the "Obligations"). To the extent any of the Obligations involves an obligation to make a payment of any sum to Lender, this Guaranty is a present and continuing guaranty of payment and not of collectability, and Lender shall not be required to prosecute collection, enforcement or other remedies against Borrower or any other guarantor of the Obligations, or to enforce or resort to any collateral for the repayment of the Obligations or other rights or remedies pertaining thereto, before calling on Guarantor for payment. If for any reason Borrower shall fail or be unable to perform or pay, punctually and fully, any of the Obligations, Guarantor shall perform or pay such Obligations in full immediately upon demand. One or more successive actions may be brought against Guarantor, as often as Lender deems advisable, until all of the Obligations are performed and paid in full. 2. Representations and Warranties. Lender is completing the loan to Borrower, evidenced by the Note, in reliance on the following representations and warranties of Guarantor: a. Neither the execution and delivery of this Guaranty nor compliance with the terms and provisions of this Guaranty will violate any applicable law, rule, regulation, judgment, decree or order, or will conflict with or result in any breach of any of the terms, covenants, conditions or provisions of any indenture, mortgage, deed of trust, instrument, document, agreement or contract of any kind that creates, represents, evidences or provides for any lien, charge or encumbrance upon any of the property or assets of Guarantor or Borrower. b. There is no litigation, arbitration, governmental or administrative proceedings, actions, examinations, claims or demands penduig, or to Guarantor's knowledge, threatened that could adversely affect performance by Guarantor of his, her or its obligations under this Guaranty. 3. Continuing Guaranty. Guarantor agrees that performance of the Obligations is a primary obligation that is not subject to any counterclaim, set-off abatement, deferment or defense based upon any claim Page 3 of 8 that Guarantor may have against Lender, Borrower, any other guarantor of the Obligations or any other person or entity. 4. Reinstatement. The obligations of Guarantor pursuant to this Guaranty shall continue to be effective or automatically be reinstated, as the case may be, if at any time payment of any of the Obligations or the obligations of the Guarantor under this Guaranty is rescinded or otherwise must be restored or returned by Lender upon the insolvency, bankruptcy, dissolution, liquidation or reorganization of any of the Guarantor or the Borrower or otherwise, all as though such payment had not been made. 5. Financial Statements. Guarantor represents and warrants to Lender that (a) any financial statements Guarantor submitted to Lender are true, complete and correct in all material respects, disclose all actual and contingent liabilities, and fairly present the financial condition of Guarantor, and do not contain any untrue statement of a material fact or omit to state a fact material to the financial statements submitted or this Guaranty, and (b) no material adverse change has occurred in the financial statements from the dates thereof until the date hereof. Guarantor shall furnish to Lender (i) annual financial statements for each calendar year no later than one (1) year after the delivery of the previous year's financial statements certified by Guarantor as true, complete and correct and otherwise in a form substantially similar to the form of financial statements previously submitted by Guarantor, unless otherwise approved in writing by Lender, and (ii) within thirty (30) days after the filing due date (as such date may be extended in accordance with properly granted extensions) each year, a signed copy of the complete income tax returns filed with the Internal Revenue Service by Guarantor that is an individual or entity. 6. Transfers; Sales, Etc. Guarantor shall not sell, lease, transfer, convey nor assign any of its assets, unless such sale, lease, transfer, conveyance or assignment is of a non -material asset of Guarantor or does not materially affect his ability to perform his obligations hereunder. In addition, Guarantor shall not acquire all or substantially all of the assets of, a controlling interest in the stock of, or a partnership, joint venture or member interest in, any other entity, without the written consent of Lender, which shall not be unreasonably withheld. 7. Enforcement Costs. TA (a) this Guaranty, is placed in the hands of one or more attorneys for collection or is collected through any legal proceeding; (b) one or more attorneys is retained to represent Lender in any bankruptcy, reorganization, receivership or other proceedings affecting creditors' rights and involving a claim under this Guaranty, or (c) one or more attorneys is retained to represent Lender in any other proceedings whatsoever in connection with this Guaranty, then the Guarantor shall pay to Lender upon demand all fees, costs and expenses incurred by Lender in connection therewith, including, without limitation, reasonable attorney's fees, court costs and filing fees, in addition to all other amounts due hereunder. 8. Waivers. Guarantor expressly and unconditionally waives, to the extent allowed by law: (i) any requirement of diligence on the part of any person or entity, and (ii) any requirement to exhaust any remedies or to mitigate damages. 9. Successors and Assigns, Joint and Several Liability. This Guaranty inures to the benefit of Lender and its successors and assigns. This Guaranty is binding on Guarantor and the heirs, legatees, successors and assigns of Guarantor. If this Guaranty is executed by more than one person, the parties are the jointly and severally responsible for all of the undertakings of each of the undersigned. Regardless of whether this Guaranty is executed by more than one person, it is agreed that the undersigned's liability is several and independent of any other guarantees or other obligations at any time in effect with respect to the Obligations and that Guarantor's liability under this Guaranty may be enforced regardless of the existence, validity, enforcement or non enforcement of any such other guarantees or other obligations. 10. No Waiver of Rigbts. No delay or failure on the part of Lender to exercise any right, power or privilege under this Guaranty or any ofthe other Loan Documents shall operate as a waiver thereof, and no single or partial exercise of any right, power or privilege precludes any other or further exercise thereof or the exercise of any other power or right, or be deemed to establish a custom or course of dealing or performance between the parties. The rights and remedies in this Agreement provided are cumulative and not exclusive of any rights or remedies provided by law. No notice to or demand on Guarantor in any case shall entitle Guarantor to any other or further notice or demand in the same, similar or other circumstance. 11. Modification. The terms of this Guaranty may be waived, discharged, or terminated only by an instrument in writing signed by the party against which enforcement of the change, waiver, discharge or termination is sought. No amendment, modification, waiver or other change of any of the terms of this Guaranty is effective without the prior written consent of Lender. 12. Joinder. Any action to enforce this Guaranty may be brought against Guarantor without any joinder of Borrower or any other guarantor of the Obligations in such action. 13. Anulicable Law. This Guaranty is governed as to validity, interpretation, effect and in all other respects by laws and decisions of the State of Illinois. 14. Notice. All notices, communications and waivers under this Guaranty must be in writing and must he (i) delivered in person or (ii) mailed, postage prepaid, by certified mail, return receipt requested, or (iii) by overnight express carrier, addressed in each case as follows: If to Lender, to the address indicated in the first paragraph of this Guaranty; and If to Guarantor, to the address indicated in the first paragraph of this Guaranty; or to any other address as to any of the parties hereto, as such party shall designate in a written notice to the other party hereto. All notices sent pursuant to the terms of this Section 11 will be considered received (i) if personally delivered, then on the date of delivery, (ii) if sent by overnight, express carrier, then on the next Business Day immediately following the day sent, or (iii) if sent by registered or certified mail, then on the earlier of the third Business Day following the day sent or when actually received. For all purposes of this Guaranty, "Business Day" means any day other than a Saturday, Sunday or legal holiday in the State of Illinois. 15. CONSENT TO JURISDICTION. TO INDUCE LENDER TO ACCEPT THIS GUARANTY, GUARANTOR IRREVOCABLY AGREES THAT, SUBJECT TO LENDER'S SOLE AND ABSOLUTE ELECTION, ALL ACTIONS OR PROCEEDINGS IN ANY WAY ARISING OUT OF OR RELATED TO THIS GUARANTY WILL BE LITIGATED IN COURTS HAVING SITUS IN MCHENRY COUNTY, ILLINOIS OR THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS IN CHICAGO. GUARANTOR CONSENTS AND SUBMITS TO THE JURISDICTION OF ANY COURT LOCATED WITHIN MCHENRY COUNTY, ILLINOIS OR THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS IN CHICAGO. 16. WAIVER OF JURY TRIAL. GUARANTOR, HAVING BEEN REPRESENTED BY COUNSEL, KNOWINGLY AND VOLUNTARILY WAIVES ANY RIGHT TO A TRIAL BY JURY IN ANY ACTION OR PROCEEDING TO ENFORCE OR DEFEND ANY RIGHTS UNDER THIS GUARANTY AND AGREES THAT ANY SUCH ACTION OR PROCEEDING WILL BE TRIED BEFORE A COURT AND NOT BEFORE A JURY. GUARANTOR AGREES THAT IT WILL NOT ASSERT ANY CLAIM AGAINST LENDER ON ANY THEORY OF LIABILITY FOR SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES. IN WITNESS WHEREOF, the Guarantor has executed this Guaranty as of the date first written above. �011: GUARANTY THIS GUARANTY ("Guaranty"), dated as of February �, 2016 (the "Effective Date"), is executed by Christine Kernes, 406 N. Shepherd Hill Lane, McHenry, II.60050 ("Guarantor") for the benefit of the City of McHenry, an Illinois municipal corporation ("Lender"). RECITALS A. Utopian Roast LLC d/b/a Hidden Pearl Cafe, an Illinois limited liability company ("Borrower"), executed that certain Promissory Note dated October 16, 2013 (the "Note") to the order of the First National Bank of McHenry, which thereafter assigned its interest to Lender. B. Borrower and Lender entered into a certain Loan Modification Agreement dated April _, 2015 (the "Loan Modification Agreement") and Borrower has requested that Lender extend its forbearance described in that Loan Modification Agreement through an Amendment to Loan Modification dated of even date herewith ("Amendment"). The Note, Loan Modification Agreement, Amendment, and any documents described therein as security for the indebtedness described in the Note are collectively referred to as the "Loan Documents." C. Guarantor has a financial interest in Borrower and Lender required as a condition to the extension of credit to Borrower that Guarantor execute and deliver this Guaranty. NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are acknowledged, Guarantor agrees as follows: 1. Guaran Guarantor unconditionally and irrevocably guaranties to Lender the punctual performance and payment when due, of all obligations of Borrower to Lender, arising under the Loan Documents (the "Obligations"). To the extent any of the Obligations involves an obligation to make a payment of any sum to Lender, this Guaranty is a present and continuing guaranty of payment and not of collectability, and Lender shall not be required to prosecute collection, enforcement or other remedies against Borrower or any other guarantor of the Obligations, or to enforce or resort to any collateral for the repayment of the Obligations or other rights or remedies pertaining thereto, before calling on Guarantor for payment. If for any reason Borrower shall fail or be unable to perform or pay, punctually and fully, any of the Obligations, Guarantor shall perform or pay such Obligations in full immediately upon demand. One or more successive actions may be brought against Guarantor, as often as Lender deems advisable, untIl all of the Obligations are performed and paid in full. 2. Representations and Warranties. Lender is completing the loan to Borrower, evidenced by the Note, in reliance on the following representations and warranties of Guarantor: a. Neither the execution and delivery of this Guaranty nor compliance with the terms and provisions of this Guaranty will violate any applicable law, rule, regulation, judgment, decree or order, or will conflict with or result in any breach of any of the terms, covenants, conditions or provisions of any indenture, mortgage, deed of trust, instrument, document, agreement or contract of any kind that creates, represents, evidences or provides for any Iien, charge or encumbrance upon any of the property or assets of Guarantor or Borrower. b. There is no litigation, arbitration, governmental or administrative proceedings, actions, examinations, claims or demands pending, or to Guarantor's knowledge, threatened that could adversely affect performance by Guarantor of his, her or its obligations under this Guaranty. 3. Continuing Guaranty. Guarantor agrees that performance of the Obligations is a primary obligation that is not subject to any counterclaim, set-off, abatement, deferment or defense based upon any claim that Guarantor may have against Lender, Borrower, any other guarantor of the Obligations or any other person or entity. 4. Reinstatement. The obligations of Guarantor pursuant to this Guaranty shall continue to be effective or automatically be reinstated, as the case may be, if at any time payment of any of the Obligations or the obligations of the Guarantor under this Guaranty is rescinded or otherwise must be restored or returned by Lender upon the insolvency, bankruptcy, dissolution, liquidation or reorganization of any of the Guarantor or the Borrower or otherwise, all as though such payment had not been made. 5. Financial Statements. Guarantor represents and warrants to Lender that (a) any financial statements Guarantor submitted to Lender are true, complete and correct in all material respects, disclose all actual and contingent liabilities, and fairly present the financial condition of Guarantor, and do not contain any untrue statement of a material fact or omit to state a fact material to the financial statements submitted or this Guaranty, and (b) no material adverse change has occurred in the financial statements from the dates thereof until the date hereof. Guarantor shall furnish to Lender (i) annual financial statements for each calendar year no later than one (1) year after the delivery of the previous year's financial statements certified by Guarantor as true, complete and correct and otherwise in a form substantially similar to the form of financial statements previously submitted by Guarantor, unless otherwise approved in writing by Lender, and (ii) within thirty (30) days after the filing due date (as such date may be extended in accordance with properly granted extensions) each year, a signed copy of the complete income tax returns filed with the Internal Revenue Service by Guarantor that is an individual or entity. 6. Transfers; Sales, Etc. Guarantor shall not sell, lease, transfer, convey nor assign any of its assets, unless such sale, lease, transfer, conveyance or assignment is of a non -material asset of Guarantor or does not materially affect his ability to perform his obligations hereunder. In addition, Guarantor shall not acquire all or substantially all of the assets of, a controlling interest in the stock of, or a partnership, joint venture or member interest in, any other entity, without the written consent of Lender, which shall not be unreasonably withheld. 7. Enforcement Costs. If: (a) this Guaranty, is placed in the hands of one or more attorneys for collection or is collected through any legal proceeding; (b) one or more attorneys is retained to represent Lender in any bankruptcy, reorganization, receivership or other proceedings affecting creditors' rights and involving a claim under this Guaranty, or (c) one or more attorneys is retained to represent Lender in any other proceedings whatsoever in connection with this Guaranty, then the Guarantor shall pay to Lender upon demand all fees, costs and expenses incurred by Lender in connection therewith, including, without limitation, reasonable attorney's fees, court costs and filing fees, in addition to all other amounts due hereunder. 8. Waivers. Guarantor expressly and unconditionally waives, to the extent allowed by law: (i) any requirement of diligence on the part of any person or entity, and (ii) any requirement to exhaust any remedies or to mitigate damages. 9. Successors and Assigns: Joint and Several Liability. This Guaranty inures to the benefit of Lender and its successors and assigns. This Guaranty is binding on Guarantor and the heirs, legatees, successors and assigns of Guarantor. If this Guaranty is executed by more than one person, the parties are the jointly and severally responsible for all of the undertakings of each of the undersigned. Regardless of whether this Guaranty is executed by more than one person, it is agreed that the undersigned's liability is several and independent of any other guarantees or other obligations at any time in effect with respect to the Obligations and that Guarantor's liability under this Guaranty may be enforced regardless of the existence, validity, enforcement or non enforcement of any such other guarantees or other obligations. 10. No Waiver of Rights. No delay or failure on the pars of Lender to exercise any right, power or privilege under this Guaranty or any of the other Loan Documents shall operate as a waiver thereof, and no single or partial exercise of any right, power or privilege precludes any other or further exercise thereof or the exercise of any other power or right, or be deemed to establish a custom or course of dealing or performance between the parties. The rights and remedies in this Agreement provided are cumulative and not exclusive of any rights or remedies provided by law. No notice to or demand on Guarantor in any case shall entitle Guarantor to any other or further notice or demand in the same, similar or other circumstance. Page 7 of 8 11. Modification. The terms of this Guaranty may be waived, discharged, or terminated only by an instrument in writing signed by the party against which enforcement of the change, waiver, discharge or termination is sought. No amendment, modification, waiver or other change of any of the terms of this Guaranty is effective without the prior written consent of Lender. 12. Joinder. Any action to enforce this Guaranty may be brought against Guarantor without any joinder of Borrower or any other guarantor of the Obligations in such action. 13. ApAicable Law. This Guaranty is governed as to validity, interpretation, effect and in all other respects by laws and decisions of the State of Illinois. 14. Notice. All notices, communications and waivers under this Guaranty must be in writing and must be (1) delivered in person or (ii) mailed, postage prepaid, by certified mail, return receipt requested, or (iii) by overnight express carrier, addressed in each case as follows: If to Lender, to the address indicated in the first paragraph of this Guaranty; and If to Guarantor, to the address indicated in the first paragraph of this Guaranty; or to any other address as to any of the parties hereto, as such party shall designate in a written notice to the other party hereto. All notices sent pursuant to the terms of this Section 11 will be considered received (i) if personally delivered, then on the date of delivery, (ii) if sent by overnight, express carrier, then on the next Business Day immediately following the day sent, or (iii) if sent by registered or certified mail, then on the earlier of the third Business Day following the day sent or when actually received. For all purposes of this Guaranty, "Business Day" means any day other than a Saturday, Sunday or legal holiday in the State of Illinois. 15. CONSENT TO JURISDICTION. TO INDUCE LENDER TO ACCEPT THIS GUARANTY, GUARANTOR IRREVOCABLY AGREES THAT, SUBJECT TO LENDER'S SOLE AND ABSOLUTE ELECTION, ALL ACTIONS OR PROCEEDINGS IN ANY WAY ARISING OUT OF OR RELATED TO THIS GUARANTY WILL BE LITIGATED IN COURTS HAVING STTUS IN MCHENRY COUNTY, ILLINOIS OR THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS IN CHICAGO. GUARANTOR CONSENTS AND SUBMITS TO THE JURISDICTION OF ANY COURT LOCATED WITHIN MCHENRY COUNTY, ILLINOIS OR THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS IN CHICAGO. 16. WAIVER OF JURY TRIAL. GUARANTOR, HAVING BEEN REPRESENTED BY COUNSEL, KNOWINGLY AND VOLUNTARILY WAIVES ANY RIGHT TO A TRIAL BY JURY IN ANY ACTION OR PROCEEDING TO ENFORCE OR DEFEND ANY RIGHTS UNDER THIS GUARANTY AND AGREES THAT ANY SUCH ACTION OR PROCEEDING WILL BE TRIED BEFORE A COURT AND NOT BEFORE A JURY. GUARANTOR AGREES THAT IT WILL NOT ASSERT ANY CLAIM AGAINST LENDER ON ANY THEORY OF LIABILITY FOR SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES. IN WITNESS WHEREOF, the Guarantor has executed this Guaranty as of the date first written above. Z.•IMIMcHenryCityof [Loan Mod cation AgreementAmeralment. Utopun Roast2.doc Dear Ms, Lynch, In our brief meeting we didn't cover some of the history that we think might be relevant to where the business is standing. When we made our last proposal and payment structure, we at that time, talked about live entertainment and having a beer and wine license. More important, at that time, the theater had recently been foreclosed on and we were in current negotiations with the bank for a lease. The roof had been leaking since before we opened our doors and we were really getting tired of the neglect that the building was receiving. We wanted some of that maintenance completed before we signed. We were looking for any kind of reasonable lease, but the bank was insisting on month to month. After lamenting on that, we decided to accept the month to month and just wait it out. Then the bank came back with ... on second thought, we want you to sign a three year lease but, we want to be able to have us or the new owner have the right to terminate your lease in sixty days. (I have both lease proposals if that is needed for anything). The whole foreclosure, condition of the building, and being next to two vacant spaces had really been bad for business. While all that was happening, different groups were in talks about maybe buying the whole theater building. I have heard all kinds of crazy ideas, but almost all of them anted our shop to stay, they wanted us to be part of whatever was goi wng to happen. To that we decided to continue to negotiate with the bank. The hope is that a buyer would surface before we signed a ridiculous one sided lease. This history has created a situation where, we can't really build our business or move it forward at all. As McHenry residents, the thought of closing the coffee shop seemed, in a non -arrogant way, a black eye to Green Street and McHenry - so we really did not want to do that either. We believe the plan that we agreed to during the last loan re -write is still an extremely solid one, we just needed to figure out how we could achieve that. If we were thinking strictly of business we would close Green street, but we think we can operate Green Street at a break even with a wait and see approach. Personaly, I believe that the theater building is a tear down and borderline condemnable. Our plan is to stay open until that happens or it's future is determined. To the McHenry resident, at least that will not look like just another business gone bad, it will look like progress instead. In the meantime, we plan to open up another location north of 120 on the McHenry side of the busy 31 corridor. In that area, we will not be building a business in a doomed location and we can finally implement the ideas that we have been talking about since our first month of business. As for the loan itself, we of course will re-sign the personal guarantees. We propose a $200 cashier's check this week. Following with weekly payments of $150 until 60 days after new location is open. After the new location is running, we would like to recalculate the payments of the loan so that it would be paid off by the end of year four instead of year five. This way we win by you working with us, and the city wins by getting the loan back a year earlier. Of course we need to meet with the Mayor to get the liquor license process moving. If it helps our cause, I can bring payroll statements showing how much payroll has been paid in November and December. Money that would have went to loan payments, if the main partner didn't need to be in Germany to work on her E2 investor Visa status. We have negotiated with the Raue center to have their improv group perform at our space every other month. We have also worked with many members of their theater group to have small productions in our space. To have this part of project be successful we feel we need a beer and wine license. We have run three productions in our current space, so we have a pretty good idea what works and what kind of crowd to expect. If we could have a license in both places that would be ideal, but if only one location can have a license, we would want it to be in the new location. Finally, so that there is no misconception, we do intend to also have gaming. However, we have no intention of straying from our mission of being the best coffee shop with quality theater production entertainment. Thank you, Dan Kernes Hidden Pearl Coffee 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 FOR: March 7, 2016 Regular City Council Meeting FROM: Douglas Martin, Director of Economic Development RE: Zoning Map Amendment from I-1 Industrial to C-5 Highway Commercial District for the property located at 4104 W Elm ATT: 1. Location Map 2. Ordinance approving a zoning map amendment from I-1 Industrial to C-5 Highway Commercial District for the property located at 4104 W Elm 3. Unapproved Planning and Zoning Commission Minutes dated February 17, 2016 4. Application Packet BACKGROUND: The applicant currently operates a real estate brokerage office on the subject property and is proposing to tear down the existing building and construct a new one-story 4,264 square -foot office building and continue the same land use. ANALYSIS: The character of the area near the subject property consists of primarily highway commercial land uses generally to the east west and south of the subject property, with the exception of the property at the southeast corner of Crystal Lake Road and Illinois Route 120. The arrow on the following page depicts the location of the subject property. Following are also the criteria for approval of a zoning map amendment. The building on the subject property was constructed around 1926 and has maintained an industrial zoning classification for numerous years. The trend of development along Illinois Route 120 (Elm Street) is retail, restaurant, financial, shopping center development and office land uses. Many 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 uses, directly to the north and south along Main Street also have an industrial zoning classification due to the development of Main Street around the railroad however, similar to the subject property, while there are still viable industrial uses in this area a more commercially -oriented zoning classification is appropriate when these properties, sell, redevelop and/or change land use in the future. The proposed zoning map amendment at 4104 is consistent with the development trend and satisfies all the criteria outlined in Table 33. Table 33: Approval Criteria for Zoning Amendments: In recommending approval or conditional approval of an amendment, the Planning and Zoning Commission shall transmit to the City Council written findings of fact that all of the conditions below apply to the application. In granting approval or conditional approval, the City Council shall similarly find that all of the following conditions apply: L. Compatible with Use or Zoning of Environs The proposed use(s) or the uses permitted under the proposed zoning classification are compatible with existing uses or existing zoning of property in the environs. 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 2. Supported by Trend of Development The trend of development in the general area since the original zoning of the affected property was established supports the proposed use or zoning classification. 3. Consistent with Comprehensive Plan Objectives The proposed use or zoning classification is in harmony with the objectives of the Comprehensive Plan of the City as viewed in light of any changed conditions since the adoption of the Plan. 4. Furthers Public Interest The proposed use or zoning classification promotes the public interest and not solely the interest of the applicant. Staff believes all criteria outlined above have been satisfied. PLANNING AND ZONING COMMISSION: The Planning and Zoning Commission unanimously recommended approval of a zoning map amendment from 1-1 Industrial to C-5 Highway Commercial District for the property located at 4104 W Elm. If the City Council concurs with the Planning Zoning Commission, it's recommended the attached ordinance granting Cl zoning map amendment from I-1 Industrial to C-5 Highway Commercial District for the property located at 4014 W Elm be approved. 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 Map: 4104 W Elm C! 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 ORDINANCE NO. 16- AN ORDINANCE GRANTING A ZONING MAP AMENDMENT FROM I-1 INDUSTRIAL TO C-5 HIGHWAY COMMERCIAL DISTRICT FOR THE PROPERTY LOCATED AT 4104 W ELM STREET IN THE CITY OF MCHENRY, MCHENRY COUNTY, ILLINOIS 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, a petition has been filed with the City by Sue Miller, Managing Broker ("Applicant") requesting a Zoning Map Amendment from I-1 Industrial to C-5 Highway Commercial District for the property located at 4104 W Elm and legally described on Exhibit "A" attached hereto and incorporated herein ("SUBJECT PROPERTY"); and WHEREAS, a public hearing on said petition was held before the Planning and Zoning Commission on February 17, 2016 the manner prescribed by ordinance and statute, and as a result of said hearing, the Planning and Zoning Commission did recommend to the City Council the granting of the requested Zoning Map Amendment; and WHEREAS, the City Council has considered the evidence and recommendations from the Planning and Zoning Commission and finds that the approval of the requested Zoning Map Amendment is consistent with the objectives of the City of McHenry Zoning Ordinance to protect the public health, safety, morals and general welfare of its residents. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MCHENRY, MCHENRY COUNTY, ILLINOISI AS FOLLOWS: SECTION 1: That the SUBJECT PROPERTY is hereby granted a zoning map amendment to C-5 Highway Commercial District. SECTION 2: In granting said Zoning Map Amendment, the -City Council finds that the requirements of Table 33 of the Zoning Ordinance have been met in that: 1. The requested zoning classification is compatible with the existing uses and zoning of property in the environs; 5 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 2. The requested zoning classification is supported by the trend of development in the general area; 3. The requested zoning classification is consistent with the objectives of the City of McHenry Comprehensive Plan; and 4. The requested classification promotes the public interest. SECTION 3: All Ordinances or parts thereof 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 by law. PASSED THIS AYES: NAYS: ABSTAINED: ABSENT: NOT VOTING: APPROVED THIS ATTEST: CITY CLERK: DAY OF 2016 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 Exhibit A Legal Description of the SUBJECT PROPERTY 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 City of McHenry Unapproved Planning and Zoning Commission Minutes February 17, 2016 Chairman Strach called the February 17, 2016 regularly scheduled meeting of the City of McHenry Planning and Zoning Commission to order at 7:30 p.m. In attendance were the following: Doherty, Vallez, Meyer, Strach, and Thacker. Absent: Bromley, Sobotta. Also in attendance were: Director of Economic Development Martin, City Attorney Cahill, and Administrative Assistant Wolf. Public Hearing: Sue Miller, Managing Broker. File No. Z-887 4104 W. Elm Street (Illinois Route 120) Zoning Map Amendment from I-1 Industrial Office Park to C-5 Highway Commercial District on the Subject Property located at 4104 W. Elm St., McHenry, IL Chairman Strach called the Public Hearing to order at 7:54regarding File No Z- 887, an application for a Zoning Map Amendment from I-1 Industrial Office Park to C-5 Highway Commercial District as submitted by Sue Miller, Managing Broker, for the property located at 4104 W. Elm Street (Illinois Route 120), McHenry, IL. Chairman Strach stated Notice of the Public Hearing was published in the Northwest Herald on February 1, 2016. Notices were mailed to all abutting property owners of record as required by ordinance. The subject property was posted. A Certificate of Publication and Affidavit of Compliance with notice requirements are on file in the City Clerk's Office. In attendance was Sue Miller, 4203 South Street, McHenry, IL, who was sworn in by Chairman Strach. Ms. Miller provided a summary of the request before the Commission at this Hearing stating she is asking for a zoning map amendment. Her building will be demolished and a new building will be built and she would like C-5 zoning on the property. Director of Economic Development Martin provided the Commission with the Staff Report regarding this matter stating the applicant currently operates a real estate brokerage office on n 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 the subject property and is proposing to tear down the existing building and construct a new one-story 4,264 square -foot office building and continue the same land use. The character of the area near the subject property consists of primarily highway commercial land uses generally to the east west and south of the subject property, with the exception of the property at the southeast corner of Crystal Lake Road and Illinois Route 120. The criteria for approval of a zoning map amendment were presented. The building on the subject property was constructed around 1926 and has maintained an industrial zoning classification for numerous years. The trend of development along Illinois Route 120 (Elm Street) is retail, restaurant, financial, shopping center development and office land uses. Many uses, directly to the north and south along Main Street also have an industrial zoning classification due to the development of Main Street around the railroad however, similar to the subject property, while there are still viable industrial uses in this area a more commercially -oriented zoning classification is appropriate when these properties, sell, redevelop and/or change land use in the future. The proposed zoning map amendment at 4104 is consistent with the development trend and satisfies all the criteria outlined in Table 33. Director of Economic Development Martin stated Staff is recommending approval of a Zoning Map Amendment from 14 Industrial Park to C-5 Highway Commercial District (no conditions may be placed on the requested zoning map amendment) and Staff finds that the requirements in Table 33 of the Zoning Ordinance have been met. Chairman Strach invited questions and/or comments from the Commission. Commissioner Meyer asked what the timing of the proposed project would be. Ms. Miller stated she is working on plans and hopes to start as soon as possible. Director of Economic Development Martin informed the commission there is a property behind the subject property, immediately to the north, which is landlocked but they have an access easement along the property line on the Midas property, so it will be accessible. Ms. Miller stated she has spoken with the owner of that property and assured him she has no intentions to block the easement or cause inability to access the property. Chairman Strach opened the floor to questions and comments from the audience. There was nobody in attendance who wished to address the Commission regarding this matter. Chairman Strach closed the public comment portion of the hearing at 8:00 p.m. Motion by Meyer, seconded by Thacker, to recommend to the City Council with regard to File No. Z-887, an application for approval of a Zoning Map Amendment from I-1 Industrial Park to E 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 C-5 Highway Commercial District be granted, and that the requirements in Table 33 of the Zoning Ordinance have been met. Voting Aye: Doherty, VallezI Meyer, Strach, and Thacker. Voting Nay: None. Not Voting: None. Abstaining: None. Absent: Bromley, Sobotta. Motion carried 5-0. Chairman Strach closed the Public Hearing regarding File No. Z-887 at 8:02 p.m. 10 January 29, 2016 To Whom It May Concern: Why are we rezoning, and, more importantly, why are we constructing a new building? Age old answer... you can put lipstick on a pig, but, in the end, it is still a pig! The existing building at 4104 W Elm Street has been here a long time, and, has served this community well. Currently zoned Industrial 1, that zoning seems out of place in todays world with a 4 lane highway in front of us. Most of the adjacent properties are zoned Commercial and we should be too. So, we are asking for a zoning change to C5. What are we going to do with that? Construct a beautiful one story state of the art office building that brightens our corner and begins the beautification of the western 120 corridor. Attached you will find our site plan and proposed construction (close but not final). Please don't hesitate to call with any questions. Sue Miller 815-236-2387 FORM A PUBLIC HEARING APPLICATION Planning and Zoning Commission City of McHenry 333 South Green Street � McHenry, IL 60050 � Tel: (815) 363-2170 � Fax: (815) 363-2173 N 1. Name of Applicant Address �i� City �(/l d�'�I StateU Zip 2. Name of Property Owner _ �" 1I^6 1461 rldA 1 /414 (If other than Applican Adty,� dress ,�� City 3. Name of Engineer (If represented) Address City, 4. Name of Attorney (If represented) Address 5. Common Address or Location of Property 6. Requested Actions) (check all that apply) Zoning Map Amendment (Rezoning) Conditional Use Permit Zoning Variance Other f1��e State Zip (O�a'�Oov Zoning Variance —Minor Zoning Text Amendment Use Variance l7 0 *Definition of Minor Variance: A variance granted to the fee owner, contract purchaser or option holder of asingle-family detached or attached dwelling, or single-family detached or attached building lot for that dwelling or lot. FORMA Page 1 of 3 7. Current Use of Property 8. Current Zoning Classification of Property,/Including Variances or Conditional Uses �P--- 9. Current Zoning Classification and Land Use of Adjoining Properties North: J 1,1. (,�((�00 . South: d East: / 1 �LVZ WrV j�lZ �4 C Gwf West: l/ 10. Required Attachments (check all items submitted) Please refer to the Public Hearing Requirements Checklist to determine the required attachments. t/ 1. Application Fee (amount) $ 2. Narrative Description of Request z3. FORM A — Public Hearing Application _L�4. FORM B — Zoning Map Amendment (Rezoning) Application 5. FORM C — Conditional Use Application 6. FORM D — Zoning Variance Application 7. FORM E — Use Variance Application t�8. Proof of Ownership and/or Written Consent from Property Owner in the Form of an Affidavit V/�9. Plat of Survey with Legal Description y10. List of Owners of all Adjoining Properties V 11. Public Hearing Notice 12. Sign (Provided by the City, to be posted by the Applicant) 113. Site Plan 14. Landscape Plan 15. Architectural Rendering of Building Elevations 16. Performance Standards Certification 17. Traffic Analysis 18. School Impact Analysis FORMA Page 2 of 3 11. Disclosure of Interest The party signing the application shall be considered the Applicant. The Applicant must be the owner or trustee of record, trust beneficiary, lessee, contract purchaser, or option holder of the subject property or his or her agent or nominee. Applicant is Not Owner If the Applicant is not the owner of record of the subject property, the application shall disclose the legal capacity of the Applicant and the full name, address, and telephone number of the owner(s). In addition, an affidavit of the owners(s) shall be filed with the application stating that the Applicant has the authority from the owners(s) to make the application. Applicant or Owner is Corporation or Partnership If the Applicant, owner, contract purchaser, option holder, or any beneficiary of a land trust is a corporation or partnership, the application shall disclose the name and address of the corporation's officers, directors, and registered agents, or the partnership's general partners and those shareholders or limited partners owning in excess of five percent of the outstanding stock or interest in the corporation or interest shared by the limited partners. Applicant or Owner is a land Trust If the Applicant or owner is a land trust or other trust or trustee thereof, the full name, address, telephone number, and extent of interest of each beneficiary shall be disclosed in the application. 12. Certification I hereby certify that I am aware of all code requirements of the City of McHenry that relate to this property and that the proposed use or development described in this application shall comply with all such codes. I hereby request that a public hearing to consider this application be held before the Planning and Zoning Commission, and thereafter that a recommendation be forwarded to the City Council for the adoption of an ordinance(s) granting the requested action(s), including any modifications to this application or conditions of approval recommended by the Zoning Board of Appeals or City Council. Print N�ie and Designati;�.6f Applicants) FORMA Page 3 of 3 FORM B ZONING MAP AMENDMENT (REZONING) Planning and Zoning Commission City of McHenry File Number 333 South Green Street McHenry, IL 60050 Tel: (815) 363-2170 Fax: (815) 363-2173 Table 33 of the City of McHenry Zoning Ordinance provides that in recommending approval of a Zoning Map Amendment (Rezoning), the Planning and Zoning Commission shall transmit to the City Council written findings that all of the conditions listed below apply to the requested action. Please respond to each of these conditions as it relates to your request. l . Compatible with Use or Zoning of Environs The proposed use(s) or the uses permitted under the proposed zoning classification are compatible with existing uses or existing zoning of property in the environs. (A,//ce /m©/79is�f��G11 G�f illf� 2. Supported by Trend of Development The trend of development in the general area since the original zoning of the affected property was established supports the proposed use(s) or zoning classification. 3. Consistent with Comprehensive Plan Ob'ectives The proposed uses) or zoning classification is in harmony with the objectives of the Comprehensive Plan ofthe City as viewed in light of any changed conditions since the adoption of the Plan. Y J 4. Furthers Public Interest The proposed uses) or zoning classification promotes the public interest and not solely the interest of the applicant. 0 FORM B Page 1 of 1 ALTA - ASCIVI LAND TITLE SURVEY 4104 W. Elm Street, McHenry, IL �:2. \ON 5 C E p�S 429,oD 1. EpN. p9� VpOEDI MpoHPD lo�N�gDCPp4u5. N 1210356" W 43.08' Rem & Bet ` opt TOTb (' I 2T�425ugOp�1T5 p9� Vp-W SED ; • p �pDR.pNR BB T NOT6S7 1. ABL'DRDIND 1B TNY CITY Ol CRYSTAL fA1G7 YONIAC YAP. TAIS PROPERTY f5 YONED 1-7 (tMuxtriatJ. A AO STRIPfAC PRESYNT OK ISPHAIt AAD/OR COACItBIE IREAE. S. 1m DBSY N EV/DENCY DF aVR%Nf' EIR1'Y EORX WU�DR CONSTR7ICTION BVIDSM, 4. A0. "IM TD ABCORD MAfe, ND EETLANBS ARY PRESENT UPON BUBIR7 PROPERTY. S. ND PLANS EY PROVIDED BY THE CMEIR, FROM UTILIfY CDYPANPSS TV BE USED to CONAI zom ►1TH TUTS SURVEY.. To: F7rsfAmadcan Title Insurance Company. and PrvdeM Famly fnvestrnenls, LLC: fits u fa crerDly that this map arplaf andlhe SunreYan wDkh H is basetl ware made In aaordanca wdh Iha 2071 Minimum SfandaA DetaH Requirements /oTALTA/ACSMLand TNe Surreys, jainHy asfaNfshad andatlopfedbyALTA and NSPS, and inchrdea hems a 1.2.4,66.89,1fa8 19 OI Table Afhemo/. The field work waY - tamplemtlOnNovember15,2011. DATED THIS 151h day ofJuly2B, 2014 �j' �Q C.T. AMELSE, PUS 35-2143� AS 29371.4 6q. Feet 0.67 Acres LEGAL DESCRIPTION: THAT PART OF SECTIONS 26 AND 27, TOWNSHIP 45 NORTH, RANGE B EAST OF THE THIRD PRINCIPAL LEGEN D MERIDIAN, DESCRIBED N FOLLOWS: SECTIONS IN S AT A POINON T N THE EAST LINE OF SAID SECTION 27853 50, IERLY FEET, MORE OR LES9, NORTH OF THE COMMON CORNER OF SECTIONS HE 271 34 AND 35, SAID POINT BEING THE NORTHWESTERLY CORNER OF RUNNING 9 THENCE WEBS SOUTH BIY, DEGREES MI UTE PLAT THEREOF RECORDED RUNE L14wINE OF S IN BOOK 24 OF DEEDS, PAGE ?N AND RUNNING mu. Mw,aa .yrox. mey s. fwu,d a a. awhq. THENCE D, 87. 80 DEGRMOR 54 MINUTES EAST ALONG THE NORTHERLY UNE T- SAID Y OF T 9 AND ALONG SAID NORTHERLY LINE _._ OVERHEAD U71UIIES RAILROAD EXTENDED, COMPANY; FEET, MORE OR LESS, DE R E WESTERLY MIND LINE OF THE RIGHT—OF—WAY AWAY OF THE WESTERLY AND NORTHWESTERN SAID RAIL COMPANY; THENCE NORTH 12 DECREES 10 MINUTES MI SECONDS NEST ALONG SAID 40 F E T; RIGHT-OF-WAY LINE OF OmBw BOX *TRA*FIRE HYDRANT SIGNAL SAID RAILROAD, 98222 FEET; THENCE SOUTH 77 DEGREES 49 MINUTES 04 SECONDS WEST 96.OF FEET; THENCE SOUTH 12 •FOUND IRON PIPE *FIRE HYDRANT DEGREES O MINUTES RE SECONDS MIN EAST PARALLEL 5 F SAID WESTERLY RIGHT-OF—WAY AWAY LINE OF SAID RAILROAD, 242.82 FEET; ®TRANSFORMER &SANITARY SEWER THENCE HENCE 8 DEGREES 23 MINUTES WEST, EAST, FEET, MORE OR REBO, L A POINT PO THE CENTER LINE LINE WOFSECN ROAD; THENCE SOUTH 74 DEGREES 17 MINUTES EAST, 82.33 FEET, MORE OR LESS. TO A POINT ON SAID EAST UNE OF BECKON OUTIUTY BOX kYUTILITY POLE 27, THENCE NORTH ALONG SAID EAST LINE OF SECTION 27, 9.91 FEET, MORE OR LESS, TO THE PLACE OF BEGINNING (EXCEPT THE *GAS SERVICE •STORM SEWER NORTHERLY 200 FEET, AS MEASURED ALONG THE EASTERLY AND WESTERLY UNES OF THE AFORESAID TRACT) AND (EXCEPT THAT AD SIGN *WATER SERVICE _.- -_ .... ___ __._...-.. _..____. _... .._._._.. __...._......._._ - CO CONSTRUC Cary, IL 60013 847.658.8537 BDBYEY COMPLE7E0: (DRAWN ( BY: 14-34165 7/27/t4 JAC PROPOSED SITE P L ,4 N sca�� i"=zo'-o" 26'A" 915" 22%2 3'-0" 6'd0" 6'-0" 3'-0" 14'-0° 9'4° X re off ESPBNLE EIFL 4 8TOR46E Q\/! e re OFGILE OFFICE O b HENS STORAGE O m _ WOHE]J9 re re m yd 3 GHILAL OFFfLE �� LONF72ENCE 4 .... . ..... y R PON e D D Q 4 -0° "s E-9 Q SIIeS OFFlLE cuJ ROOM CLIENT ROOM ppFICE OFFICE 9 S m VE4T1&ILE Q Q 4-0" 2d-0°L 4' l'-0" 11-0" 4'-0" 32'-0° 4'-0" 24'-0" 22'-0° 36'-0° 26'S" 28'-W 26' 9" PROPOSED FLOOR PL.4N#S 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 FOR: March 7, 2016 Regular City Council Meeting FROM: Douglas Martin, Director of Economic Development RE: Conditional use permit to allow an assembly use (educational institution) and a building addition and alteration totaling approximately 9,820 square feet at 300 S Driftwood Trail (Riverwood Elementary School) NTT: 1. Location Map 2. Ordinance approving a conditional use permit to allow an assembly use (educational institution) and a building addition and alteration consisting of approximately 9,820 square feet for the property located at 300 Driftwood Trail (Riverwood Elementary School) 3. Unapproved Planning and Zoning Commission Minutes dated February 17, 2016 4. Application Packet BACKGROUND: McHenry Elementary School District 15 is currently in the process of a long- range plan to remove mobile classrooms at all of its schools and replacing them with permanent building additions. The first four additions already approved are: Chauncey H. Duker Middle School, Hilltop Elementary School and Edgebrook and Valley View Elementary Schools. The proposed addition and alteration which is the subject of this request, is at Riverwood Elementary School located in the Trails of Winding Creek Subdivision. The City's zoning ordinance classifies schools as assembly uses, and assembly uses are conditional uses in all residential zoning districts. An assembly use is defined as: A building, structure, place or parts thereof for groups of people to gather for an event or regularly scheduled program that is educational, cultural, spiritual, social, or recreational in nature. The only exceptions to this definition include: building, tenant space, room or space used for public assembly purposes as defined herein with an occupant load of 25 persons or less and spaces less than 750 square feet in floor area. 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 ANALYSIS: A conditional use permit to construct Riverwood Elementary School was approved in 1987. The zoning ordinance requires any expansion, enlargement or structural alteration on a property with a conditional use permit obtain an additional conditional use permit. A building addition consisting of 7,890 square feet is proposed to replace two existing mobile classrooms at the southeast corner of the building and a structural alteration of an existing open courtyard consisting of 1,930 square feet is also proposed which will add more enclosed space adjacent to the library/learning center within the school, as depicted below. Staff believes the additions will not adversely impact neighboring properties or public safety and health. The actual building plans will be reviewed by the Regional Superintendent of Education's Office, however the City will be required to issue a stormwater permit for the building additions following consideration of the zoning request by the Planning and Zoning Commission and pending City Council approval of the request. 2 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 PLANNING AND ZONING COMMISSION: The Planning and Zoning Commission unanimously recommended approval of a conditional use permit to allow an assembly use (educational institution) and proposed building addition and alteration totaling approximately 9,820 square feet at 300 S Driftwood Trail (Riverwood School) with the conditions the site is developed in substantial conformance with the site plan prepared by Arcon dated January 20, 2016. If the City Council concurs with the Planning and Zoning Commission it is recommended the attached ordinance granting a conditional use permit to allow an assembly use (educational institution) and proposed building addition and alteration totaling approximately 9,820 square feet with the conditions the site is developed in substantial conformance with the site plan prepared by Arcon dated January 20, 2016 be approved. 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 Map: 300 S Driftwood Trail C! 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 ORDINANCE NO 16- AN ORDINANCE GRANTING A CONDITIONAL USE PERMIT TO ALLOW AN ASSEMBLY USE (EDUCATIONAL INSTITUTION) ON THE PROPERTY LOCATED 300 S DRIFTWOOD TRAIL (RIVERWOOD ELEMENTARY SCHOOL) IN THE CITY OF MCHENRY, MCHENRY COUNTY, ILLINOIS 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, a petition has been filed with the City by McHenry Elementary School District 151 1011 N Green Street McHenry, IL 60050 ("Applicant and Owner") requesting a Conditional Use Permit to allow an assembly use (educational institution) on the property legally described on Exhibit "A" attached hereto and incorporated herein, the "SUBJECT PROPERTY"; and WHEREAS, a public hearing on said petition was held before the Planning and Zoning Commission on February 17, 2016 in the manner prescribed by ordinance and statute, and as a result of said hearing, the Planning and Zoning Commission did recommend to the City Council the granting of the requested Conditional Use Permit; and WHEREAS, the City Council has considered the evidence and recommendations from the Planning and Zoning Commission and finds that the approval of the requested Conditional Use Permit is consistent with the objectives of the City of McHenry Zoning Ordinance to protect the public health, safety, morals and general welfare of its residents. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MCHENRY, MCHENRY COUNTY, ILLINOIS, AS FOLLOWS: SECTION 1: That the SUBJECT PROEPRTY is hereby granted a conditional use permit to allow an assembly use (educational institution) with the condition the site is developed in substantial conformance with the site plan prepared by Arcon dated January 20, 2016 attached hereto and incorporated hereto as Exhibit "B". SECTION 2: In granting said Conditional Use Permit, the City Council finds that the requirements of Table 31 of the Zoning Ordinance have been met in that: 1. Any adverse impact of types or volumes of traffic flow not otherwise typical in the zoning district has been minimized. LO 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 2. Any adverse effects of noise, glare, odor, dust, waste disposal, blockage of light or air, or other adverse environmental effects of a type or degree not characteristic of permitted uses in the zoning district, have been appropriately controlled. 3. The proposed use will fit harmoniously with the existing natural or man-made character of its surroundings, and with permitted uses in the zoning district. The use will not have undue deleterious effect on the environmental quality, property values, or neighborhood character already existing in the area or normally associated with permitted uses in the district. 4. The proposed use will not require existing community facilities or services to a degree disproportionate to that normally expected of permitted uses in the district, nor generate disproportionate demand for new services or facilities, in such a way as to place undue burdens upon existing development in the area. 5. The proposed use will not be detrimental to the safety or health of the employees, patrons, or visitors associated with the use nor of the general public in the vicinity. 6. The proposed use is in harmony with all other elements of compatibility pertinent to the Conditional Use and its particular location. SECTION 3: All Ordinances or parts thereof in conflict with the terms and provisions hereof are hereby repealed to the extent of such conflict. SECTION An 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 bylaw. PASSED THIS DAY OF AYES: NAYS: ABSTAINED: ABSENT: NOT VOTING: 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 APPROVED THIS DAY OF , 2016 CITY CLERK 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 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 B Site Plan 17 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 Planning and Zoning Commission Minutes February 17, 2016 Chairman Strach called the February 17, 2016 regularly scheduled meeting of the City of McHenry Planning and Zoning Commission to order at 7*30 p.m. In attendance were the following: Doherty, Vallez, Meyer, Strach, and Thacker. Absent: Bromley, Sobotta. Also in attendance were: Director of Economic. Development Martin, City Attorney Cahill, and Administrative Assistant Wolf. No one signed into speak during Public Input. Public Hearing: McHenry Elementary School District 15. File No. Z-886 300 S. Driftwood Trail (Riverwood School) Conditional Use Permit to allow an assembly use (educational institution), proposed building additions and alterations totaling approximately 9,820 square feet, and any variances required effectuating the aforementioned request at 300 S. Driftwood Trail, McHenry, IL Chairman Strach called the Public Hearing to order at 7:43 p.m. regarding File No Z-886, an application for a Cononal use permit to allow an assembly use (educational institution), proposed building additions and alterations totaling approximately 9,820 square feet, and any other variances required effectuating the aforementioned request on the Subject Property as submitted by McHenry Elementary School District 15 for the property located at 300 S. Driftwood Trail (Riverwood School), McHenry, IL. Chairman Strach stated Notice of the Public Hearing was published in the Northwest Herald on January 29, 2016. Notices were mailed to all abutting property owners of record as required by ordinance. The subject property was posted. A Certificate of Publication and Affidavit of Compliance with notice requirements are on file in the City Clerk's Office. 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 In attendance were Alan Hoffman, McHenry School District 15 Superintendent, 1011 N. Green A. McHenry, IL 60050 and Bill Strejc, Engineer, Arcon Associates, 2050 S. Finley Rd., Lombard, IL 60148, who were sworn in by Chairman Strach. Mr. Hoffman provided a summary of the request before the Commission at this Hearing stating a conditional use permit is being requested to build a 9,820 sq. ft. addition at Riverwood School. Two mobile classrooms will be demolished and the addition will house new classrooms, as well as an interior courtyard being converted to additional usable learning center space. Director of Economic Development Martin provided the Commission with the Staff Report regarding this matter stating the subject property is zoned RS-3, Medium High Density Single - Family Residential and contains Riverwood Elementary School as well as two mobile classrooms, parking, a playground and green space areas. The subject of this petition is a proposed building addition totaling approximately 7,890 square feet at the southeast corner of the building where the mobile classrooms currently set, as well as creating a 1,930 space by infilling an existing open courtyard. McHenry Elementary School District 15 is currently in the process of a long-range plan to remove mobile classrooms at all of its schools and replacing them with permanent building additions. The first four additions already approved are: Chauncey H. Duker Middle School, the second at Hilltop Elementary School, and most recently at Edgebrook and Valley View Elementary Schools. The proposed addition, which is the subject of this request, is at Riverwood Elementary School located in the Trails of Winding Creek Subdivision. The City's zoning ordinance classifies schools as assembly uses, and assembly uses are conditional uses in all residential zoning districts. A conditional use permit to construct Riverwood Elementary School was approved in 1987. The zoning ordinance requires any expansion, enlargement or structural alteration on a property with a conditional use permit obtain an additional conditional use permit. A building addition consisting of 7,890 square feet is proposed to replace two existing mobile classrooms at the southeast corner of the building and a structural alteration of an existing open courtyard consisting of 1,930 square feet is also proposed, which will add more enclosed space adjacent to the library/learning center within the school. Staff believes the additions will not adversely impact neighboring properties or public safety and health. The actual building plans will be reviewed by the Regional Superintendent of Education's Office, however the City will be required to issue a stormwater permit for the building additions following consideration A the zoning request by the Planning and Zoning Commission and pending City Council approval of the request. 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 Director of Economic Development Martin stated Staff is recommending approval of a conditional use permit to allow an assembly use (educational institution) at 300 S Driftwood Trail with the conditions the site is developed in substantial conformance with the site plan prepared by Arcon dated January 20, 2016, and Staff finds the requirements of Table 31 of the zoning ordinance have been satisfied. Chairman Strach invited questions and/or comments from the Commission. Commissioner Meyer asked how many additional students may be accommodated. Mr. Hoffman stated the latest count is 750 students at Riverwood and this construction is not meant to add students but accommodate the students already there with a better environment. The learning center is being expanded into the courtyard space when it is built out. Commissioner Meyer asked what the construction timetable is. Mr. Hoffman responded the learning center space will be done over the summer. The rest of the construction is not scheduled yet. Chairman Strach opened the floor to questions and comments from the audience. The following were sworn in by Chairman Strach prior to their addressing the Commission: William Modica, 4814 W. Glenbrook Tr., McHenry, II has a concern with the spring running underground in the area and how water will be mitigated to the homes on Glenbrook Trail, Mr. Strejc stated the engineering regarding water will go through the City and be monitored. The impervious area is minor and should have no effect on the water issues already stated. Mr. Modica stated a concern the construction might cause more water issues. Director of Economic Development Martin responded the construction will not contain any more impervious surface and a stormwater permit will have to be issued in conjunction with the construction. We do require the applicant/construction to be compliant so there are no further problems than what already exists. Chairman Strach closed the public comment portion of the hearing at 7:51 p.m. Motion by Meyer, seconded by Vallez, to recommend to the City Council with regard to File No. Z-886, an application for a Conditional use permit to allow an assembly use (educational institution), at 300 S Driftwood Trail (Riverwood School) with the conditions the site is developed in substantial conformance with the site plan prepared by Arcon dated January 20, 2016 attached hereto and incorporated herein, be granted, and that Table 31 of the zoning ordinance has been met. Voting Aye: Doherty, Vallez, Meyer, Strach, and Thacker. 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 Voting Nay: None. Not Voting: None. Abstaining: None. Absent: Bromley, Sobotta Motion carried 5-0. Chairman Strach closed the Public Hearing regarding File No. Z-886 at 7:53 p.m. 13 McHenry Elementary School District 15 1011 N. Green Street, McHenry, Illinois 60050 www. d 15. org NARRATIVE DESCRIPTION A Conditional Use Permit is being requested to construct 9,820 SF of new space at the existing Riverwood Elementary School. Two (2) existing, old mobile classrooms on the southeast side of the building, currently in use for educational purposes, will be demolished to make room for a new 7,890 SF classroom addition. The existing Learning Center will be expanded by infilling the existing courtyard with new construction to create 1,930 SF of additional space. File Number Z-886 PUBLIC HEARING APPLICATION Planning and Zoning "AIRmission City of McHeiiry 333 South Greeu Street °McHenry, IL 60050 °Tel: (815) 363-2170 °Fax: (815) 363-2173 1. Name of Applicant McHenry Elementary School District 15 Tel 815.385.7210 Address 1011 North Green Street Fax 815,344,7121 City McHenry State IL Zip 60050 2. Name of Property Owner Tel (If other than Applicant) Address Fax City State Zip 3. Name of Engineer ARCON Associates, Inc. Tel 630.495.1900 (If represented) Address 2050 South Finley Road Suite 40 Fax 708.328.6325 City Lombard State IL Zip 60148 4. Name of Attorney Tel (If represented) Address Fax 5. Conunon Address or Location of Property 300 S. Driftwood Trail McHenry, IL 60050 6. Requested Actions) (check all that apply) Zoning Map Amendment (Rezoning) X Conditional Use Permit Zoning Variance Other Zoning Variance —Minor Zoning Text Amendment Use Variance �'Definition of Minor Variance: A variance granted to the fee owner, contract purchaser or option holder of asingle-family detached or attached dwelling, or single-fanuly detached or attached building lot for that dwelling or lot. FORMA Page 1 of 3 7. Current Use of Property Education 8. Current Zoning Classification of Property, Including Variances or Conditional Uses RS - 3, Medium-H Single -Family Residential District 9. Current Zoning Classification and Land Use of Adjoining Properties North: South; East: West: RS - 3, Medium -High -Density Single -Family Residential District RS 3 Medium -High -Density Single -Family Residential District RS - 3, Medium-High-D RS - 3, Medium -High -Dens Single -Family Residential District Sinale-Family Residential District 10. Required Attachments (check all items subnutted) Please refer to the Public Hearing Requirements Checklist to deternune the required attachments. X 1. Application Fee (amount) $ 950 X 2. Narrative Description of Request X 3. FORM A — Public Hearing Application 4. FORM B — Zoning Map Amendment (Rezoning) Application X 5. FORM C — Conditional Use Application 6, FORM D — Zoning Variance Application 7, FORM E — Use Variance Application X 8. Proof of Ownership and/or Written Consent from Property Owner in the Forth of an Affidavit X 9. Plat of Survey with Legal Description X 10. List of Owners of all Adjoining Properties X 11. Public Hearing Notice 12. Sign (Provided by the City, to be posted by the Applicant) 13. Site Plan 14. Landscape Plan 15. Architectural Rendering of Building Elevations 16. Performance Standards Certification 17. Traffic Analysis 18. School Impact Analysis FORMA Page 2 of 3 i. Disclosure of Interest The party signing the application shall be considered the Applicant, The Applicant must be the owner or trustee of record, trust beneficiary, lessee, contract purchaser, or option holder of the subject property or his or her agent or nominee. Applicant is Not Owner If the Applicant is not the owner of record of the subject property, the application shall disclose the legal capacity of the Applicant and the full name, address, and telephone number of the owner(s). In addition, an affidavit of the owners(s) shall be filed with the application stating that the Applicant has the authority from the owners(s) to make the application. Applicant or Owner is Corporation or Partnership If the Applicant, owner, contract purchaser, option holder, or any beneficiary of a land trust is a corporation or partnership, the application shall disclose the name and address of the corporation's officers, directors, and registered agents, or the partnership's general partners and those shareholders or limited partners owning in excess of five percent of the outstanding stock or interest in the corporation or interest shared by the limited partners. 11 Applicant or Owner is a land Trust If the Applicant or owner is a land trust or other trust or trustee thereof, the full name, address, telephone number, and extent of interest of each beneficiary shall be disclosed in the application. 12. Certification I hereby certify that I am aware of all. code requirements of the City of McHenry that relate to this property and that the proposed use or development described in this application shall comply with all such codes. I hereby request that a public healing to consider this application be held before the Planning and Zoning Conmussion, and thereafter that a recommendation be forwarded to the City Council for the adoption of an ordinance(s) granting the requested action(s), including any modifications to this application or conditions of approval reconunended by the Zoning Board of Appeals or City Council. Signature of Applicant(s) Print Name and Designation of Applicants) I%J l/20%6 FORM A Page 3 of 3 FORM C CONDITIONAL USE PERMIT Planning and Zoning CVinmission City of McHenry File Number Z-886 333 South Green Street emy, IL 60050 Tel: (815) 363-2170 Fax: (815) 363-2173 Table 31 of the City of McHenry Zoning Ordinance provides that in recommending approval or conditional approval of a Conditional Use Permit, the Planning and Zoning Commission shall transmit to the City Council written findings that all of the conditions listed below apply to the requested action. Please respond to each of these conditions as it relates to your request. t . Traffic Any adverse impact of types or volumes of traffic flow not otherwise typical in the zoning district has been minimized. YES, there will be no adverse impact on traffic. The new addition will replace the existing mobiles. 2. Environmental Nuisance Any adverse effects of noise, glare, odor, dust, waste disposal, blockage of light or air, or other adverse environmental effects of a type or degree not characteristic of permitted uses in the zoning district have been appropriately controlled. YES, the adverse effects of noise, glare, odor, dust, waste diposal, and blockage of light or air have been appropriately controlled. The new addition and existing building will continue to be used for educational purposes. 3 Neighborhood Character The proposed use will fit harmoniously with the existing natural or man-made character of its surroundings and with permitted uses in the zoning district. The use will not have undue deleterious effect on the environmental quality, property values, or neighborhood character existing in the area or normally associated with permitted uses in the district. YES, the proposed addition will fit harmoniously with the existing building and neighborhood. The new addition will be constructed of materials similar to the existin Pvictinn nainhhorhood and environment. building and will blend with the FORM C Page 1 of 2 4. Public Services and Facilities The proposed use will not require existing community facilities or services to a degree disproportionate to that normally expected of permitted uses in the district, nor generate disproportionate demand for new services or facilities, in such a way as to place undue burdens upon existing development in the area. YES the proposed addition will not require a disproportionate demand or burden on existing community facilities or services. The occupant load will not be increased due to the proposed addition. 5 Public Safety and Health The proposed use will not be detrimental to the safety or health of the employees, patrons, or visitors associated with the use nor of the general public in the vicinity. YES, the proposed addition will be an extension of the existing building in appearance and usage. Its function will not be detrimental to the safety or health of its users or the general public. 6. Other Factors The proposed use is in harmony with all other elements of compatibility pertinent to the Conditional Use and its particular location. YES, the proposed addition will harmonize with the existing school building in appearance and usaoe pertinent to the Conditional Use Permit. FORM C Page 2 of 2 PLAT OF SURVEY r � ml A. Bma 1 P� Weary a«R s. um! I. h<my a sned,lm of � % � �,. f \'BndcrslaPpen Sun'c)'ing S Nol pml of Ue NoiM1 Nall a( Secllm x and D^"1 of 1Re NwNea.! �'r c� LnyinttnnL, Incoryor+led Warttt of 5<etlm 1, iom,hp !1 Ilallt Rmye 8 Eaal of Ne Th>d � � 'P 7 19BB pm Bommenl No. 00Hy0UJ0 l� nl YrNemy Ca mdedl„ aeeh 21. /, ;l \ [p�1N � .." .. � :: �:I � \ �j,�� 6� � � 4y ��'o' v4 ° \ TD LEGEND OIXWN n xMED FNo Yfn W fWNO pIgIBM PwE 0 o �YNrtT Iwl \ � � � J � �0 � p. a ... 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YcHcvey County, Illiooia�—A.U.� 0_. ondenFl�Mno,v 1 002 k¢P.erine<rind, in=. ylilivole rafr��lnnd Sort<yor No. SNEEI I OF �xseY+era cry. zn.. it I I I I I I 1 I 1 1 I 1 I I I 1 I 1 I I 1 1 I I I I � SITE PLAN N EXISTING MOBILES PROPOSED ADDITION a 71890 SF RIVERWOOD'SCHOOL a �� FIN. FLM ELEVATION 1 I I I I I I I I I I I COURTYARD INFILL — — 15930 SF DRIFTWOOD TRAIL NEW ADDITION 8 N. Olean 8!. 6, ec Numbe! vn t6t3] JAN. 26�20t6 SITE PLAN C1.0 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 AGENDA SUPPLEMENT TO: Mayor and City Council FOR: March 7, 2016 Regular City Council Meeting FROM: Douglas Martin, Director of Economic Development RE: Zoning Map Amendment from O-2 Office Park to RS-3 Medium -High Density Single -Family Residential for the property located at 305 Dale Avenue ATT: 1. Location Map 2. Ordinance approving a zoning map amendment from O-2 Office Park to RS-3 High Density Density Single Family Residential for the property located at 305 Dale Avenue 3. Unapproved Planning and Zoning Commission Minutes dated February 17, 2016 4. Application Packet BACKGROUND: In 2014 a dry -cell battery storage facility was approved on the property located at 302 Front Street, immediately south of the subject property. The petitioner of this case was the landowner who sold the property to facilitate the construction of the battery storage facility and retained approximately 1.13 acres immediately adjacent to and west of his primary residence at 305 Dale Avenue. While the applicant's residence is zoned RS-3 (305 Dale Avenue) the 1.13 acres remains zoned O-2 Office Park. The applicant constructed an approximately 287 square -foot shed on the subject property without obtaining a building permit. The structure is approximately 9.8 feet from the property located at 303 N Dale Avenue, immediately to the south of 305 N Dale and located in the applicant's required side yard, which is currently 25 feet due to the O-2 zoning designation. The applicant is proposing to rezone the subject property to RS-3, consistent with the zoning of his 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 primary residence, as well as those residences generally to the north and east of the subject property. If rezoned to RS-3, the shed would not be in a required side yard, as the required side yard in the RS-3 district is 10 feet or 10% of the lot width whichever is less. The lot width in this instance is 76' so the required side yard would equal 7.6 feet. ANALYSIS: The character of the area near the subject property consists of primary single-family residences to the north and east and office and commercial land uses to the west. The arrow below depicts the location of the subject property. 2 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 Below are the criteria for approval of Cl zoning map amendment. The property immediately to the west of the subject property is zoned C-3 and owned by a different landowner, as is the property to the south. The applicant retained the subject property to increase his rear yard and the zoning map amendment is consistent with his residence and all surrounding residences. Table 33: Approval Criteria for Zoning Amendments: In recommending approval or conditional approval of an amendment, the Planning and Zoning Commission shall transmit to the City Council written findings of fact that all of the conditions below apply to the application. In granting approval or conditional approval, the City Council shall similarly find that all of the following conditions apply: 1. Compatible with Use or Zoning of Environs The proposed uses) or the uses permitted under the proposed zoning classification are compatible with existing uses or existing zoning of property in the environs. 2. Supported by Trend of Development The trend of development in the general area since the original zoning of the affected property was established supports the proposed use or zoning classification. 3. Consistent with Comprehensive Plan Objectives The proposed use or zoning classification is in harmony with the objectives of the Comprehensive Plan of the City as viewed in light of any changed conditions since the adoption of the Plan. 4. Furthers Public Interest The proposed use or zoning classification promotes the public interest and not solely the interest of the applicant. Staff believes all criteria outlined above have been satisfied. PLANNING AND ZONING COMMISSION: The Planning and Zoning Commission unanimously recommended approval of a zoning map amendment from O-2 Office Park to RS-3 Medium- 3 31 Mrea. o Fnuwa J 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 High Density Single Family Residential for the property locate at 305 Dale Avenue. If the City Council concurs with the Planning Zoning Commission, it's recommended the attached ordinance granting a zoning map amendment from O-2 Office Park to RS-3 Medium - High Density Single -Family Residential for the property located at 305 Dale Avenue be approved. 0 �.�,.a, of ,.� Eu. w�.,��✓ ! -� 1- _ AI -- - C i 7`_� ;. , --- - IT IN ' r ., Q ` F --' yam* 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 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 ORDINANCE NO. 16- AN ORDINANCE GRANTING A ZONING MAP AMENDMENT FROM O-2 OFFICE PARK TO RS-3 MEDIUM -HIGH DENSITY SINGLE-FAMILY RESIDENTIAL FOR THE PROPERTY LOCATED AT 305 DALE AVENUE IN THE CITY OF MCHENRY, MCHENRY COUNTY, ILLINOIS 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, a petition has been filed with the City by Edward B. and Alision D. Gerstad ("Applicants and Property Owners") requesting a Zoning Map Amendment from O-2 Office Park to RS-3 Medium -High Density Single -Family Residential for the property located at 305 Dale Avenue and legally described on Exhibit "A" attached hereto and incorporated herein ("SUBJECT PROPERTY"); and WHEREAS, a public hearing on said petition was held before the Planning and Zoning Commission on February 17, 2016 the manner prescribed by ordinance and statute, and as a result of said hearing, the Planning and Zoning Commission did recommend to the City Council the granting of the requested Zoning Map Amendment; and WHEREAS, the City Council has considered the evidence and recommendations from the Planning and Zoning Commission and finds that the approval of the requested Zoning Map Amendment is consistent with the objectives of the City of McHenry Zoning Ordinance to protect the public health, safety, morals and general welfare of its residents. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF TM: CITY OF MCHENRY, MCHENRY COUNTY, ILLINOIS, AS FOLLOWS: SECTION 1: That the SUBJECT PROPERTY is hereby granted a zoning map amendment to RS- 3 Medium High -Density Single -Family Residential. SECTION 2: In granting said Zoning Map Amendment, the City Council finds that the requirements of Table 33 of the Zoning Ordinance have been met in that: 1. The requested zoning classification is compatible with the existing uses and zoning of property in the environs; 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 2. The requested zoning classification is supported by the trend of development in the general area; 3. The requested zoning classification is consistent with the objectives of the City of McHenry Comprehensive Plan; and 4. The requested classification promotes the public interest. ECTION 3: All Ordinances or parts thereof 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 by law. PASSED THIS AYES: NAYS: ABSTAINED: ABSENT: NOT VOTING: APPROVED THIS ATTEST: CITY CLERK: DAY OF DAY OF 2016 MAYOR 2016 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 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 Unapproved Planning and Zoning Commission Minutes February 17, 2016 Chairman Strach called the February 17, 2016 regularly scheduled meeting of the City of McHenry Planning and Zoning Commission to order at 7*30 p.m. In attendance were the following: Doherty, Vallez, Meyer, Strach, and Thacker. Absent: Bromley, Sobotta. Also in attendance were: Director of Economic Development Martin, City Attorney Cahill, and Administrative Assistant Wolf. Public Hearing: Edward B. and Alison D. Gerstad File No. Z-885 305 N. Dale Avenue Zoning Map Amendment from O-2 Office Park to RS-3 Medium -High Density Single -Family Residential on the Subject Property located at 305 N. Dale Avenue, McHenry, IL Chairman Strach called the Public Hearing to order at 7:35 p.m. regarding File No Z- 885, an application for a Zoning Map Amendment from O-2 Office Park to RS-3 Medium -High Density Single -Family Residential zoning as submitted by Edward B. and Alison D. Gerstad, for the property located at 305 N. Dale Avenue, McHenry, IL. Chairman Strach stated Notice of the Public Hearing was published in the Northwest Herald on January 30, 2016. Notices were mailed to all abutting property owners of record as required by ordinance. The subject property was posted. A Certificate of Publication and Affidavit of Compliance with notice requirements are on file in the City Clerk's Office. In attendance was Attorney Jim Wright, Zanck, Coen, Wright, and Saladin, 40 Brink Street, Crystal Lake, IL 60014. Mr. Wright provided a summary of the request before the Commission at this Hearing stating the applicant is requesting an amendment from 0-2 to RS-3 zoning for a landlocked adjoining parcel. 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 Director of Economic Development Martin provided the Commission with the Staff Report regarding this matter stating in 2014 a dry -cell battery storage facility was approved on the property located at 302 Front Street, immediately south of the subject property. The petitioner of this case was the landowner who sold the property to facilitate the construction of the battery storage facility and retained approximately 1.13 acres immediately adjacent to and west of his primary residence at 305 Dale Avenue. While the applicant's residence is zoned RS- 3 (305 Dale Avenue) the 1.13 acres remains zoned O-2 Office Park. The applicant constructed an approximately 287 square -foot shed on the subject property without obtaining a building permit. The structure is approximately 9.8 feet from the property located at 303 N Dale Avenue, immediately to the south of 305 N Dale and located in the applicant's required side yard, which is currently 25 feet due to the O-2 zoning designation. The applicant is proposing to rezone the subject property to RS-3, consistent with the zoning of his primary residence, as well as those residences generally to the north and east of the subject property. If rezoned to RS-3, the shed would not be in a required side yard, as the required side yard in the RS-3 district is 10 feet or 10% of the lot width whichever is less. The lot width in this instance is 76' so the required side yard would equal 7.6 feet. The character of the area near the subject property consists of primary single-family residences to the north and east and office and commercial land uses to the west. The criteria for approval of a zoning map amendment were presented. The property immediately to the west A the subject property is zoned C-3 and owned by a different landowner, as is the property to the south. The applicant retained the subject property to increase his rear yard and the zoning map amendment is consistent with his residence and all surrounding residences. Director of Economic Development Martin stated Staff is recommending approval of a Zoning Map Amendment from 10-2 Office Park to RS-3 Medium -High Density Single -Family Residential to the City of McHenry (no conditions may be placed on the requested zoning map amendment) and Staff finds that the requirements in Table 33 of the Zoning Ordinance have been satisfied. Chairman Strach invited questions and/or comments from the Commission. Commissioner Doherty asked if the neighbors gained any property from this transaction. Director of Economic Development Martin stated they did not, and explained required side yard requirements. 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 Commissioner Thacker asked if the applicant would be aware of the zoning issues if a permit had been obtained prior to the shed being built. Director of Economic Development Martin stated yes, the zoning issues would have been addressed in advance if a permit had been obtained prior to the construction. Chairman Strach opened the floor to questions and comments from the audience. There was nobody in attendance who wished to address the Commission regarding this matter. Chairman Strach closed the public comment portion of the hearing at 7:40 p.m. Motion by Doherty, seconded by Meyer, to recommend to the City Council with regard to File No. Z-885, an application for a Zoning Map Amendment from O-2 Office Park to RS-3 Medium - High Density Single -Family Residential zoning as submitted by Edward B. and Alison D. Gerstad, for the subject property located at 305 N. Dale Avenue, McHenry, IL, be granted and that the requirements of Table 33 of the Zoning Ordinance have been met. Voting Aye: Doherty, Vallez, Meyer, Strach, and Thacker. Voting Nay: None. Not Voting: None. Abstaining: None. Absent: Bromley, Sobotta. Motion carried 5-0. Chairman Strach closed the Public Hearing regarding File No. Z-885 at 7:42 p.m. 12 Narrative Description of Proposal We are seeking to rezone parcel 09-35-352-026, formerly part of 302 North Front Street, McHenry, Illinois 60050 from O-2 to RS-3. The parcel is adjoining the residence located at 305 North Dale Avenue, McHenry. There is a shed on this parcel which is being used for the adjoining residential property. 2. FORM A PUBLIC HEARING APPLICATION Planning and Zoning Commission City of McHenry 333 South Green Street °McHenry, Ii 60050 °Tel: (815) 363-2I70 °Fax: (815) 363-2173 Name of Applicant Edward B. and Alison D. Gerstad Tel (815) 459-8800 Address 305 North Dale Avenue F� (815) 459-8429 City McHenry State IL Zip 60050 Name of Property Owner (If other than Applicant) Address City State Zip 3. Name of Engineer (If represented) Address City State Zip Tel I' Tel 4. Name of Attorney Thomas C Zanck Zanck. Coen. Wright & Saladin. P.C. Tel (815) 459-8800 (If represented) Address 40 Brink St., Crystal Lake, IL 60014 Fax (815) 459-8429 5. Common Address or Location of Property PIN 09-35-352-026 (formerly part of 302 North Front St McHenry IL 60050) 6. Requested Actions) (check all that apply) X Zoning Map Amendment (Rezoning) Conditional Use Permit _ Zoning Variance Other _ Zoning Variance —Minor _ Zoning Text Amendment Use Variance *Definition of Minor Variance: A variance granted to the fee owner, contract purchaser or option holder of asingle-family detached or attached dwelling, or single-family detached or attached building lot for that dwelling or lot. FORMA Page 1 of 3 7. Current Use of Property Accessory building for adjoining residential property. 8. Current Zoning Classification of Property, Including Variances or Conditional Uses O-2 9. Current Zoning Classification and Land Use of Adjoining Properties North: RS-3 South: O-2 East: West: C-3 10. Required Attachments (check all items submitted) Please refer to the Public Hearing Requirements Checklist to determine the required attachments. X 1. Application Fee (amount) $ 950.00 X 2. Narrative Description of Request X 3. FORM A — Public Hearing Application .X_4. FORM B — Zoning Map Amendment (Rezoning) Application 5. FORM C — Conditional Use Application 6. FORM D — Zoning Variance Application 7. FORM E — Use Variance Application X 8. Proof of Ownership and/or Written Consent from Property Owner in the Form of an Affidavit X 9. Plat of Survey with Legal Description X 10. List of Owners of all Adjoining Properties X 11. Public Hearing Notice 12. Sign (Provided by the City, to be posted by the Applicant) X 13. Site PIan 14. Landscape Plan 15. Architectural Rendering of Building Elevations 16. Performance Standards Certification 17. Traffic Analysis 18. School Impact Analysis FORMA Page 2 of 3 I. Disclosure of Interest The party s b61ing the application shall be considered the Applicant. The Applicant must be the owner or trustee of record, trust beneficiary, lessee, contract purchaser, or option holder of the subject property or his or her agent or nominee. Applicant is Not Owner ff the Applicant is not the owner of record of the subject property, the application shall disclose the legal capacity of the Applicant and the full name, address, and telephone number of the owner(s). In addition, an affidavit of the owners(s) shall be filed with the application stating that the Applicant has the authority from the owners(s) to make the application. Applicant or Owner is Corporation or Partnership If the Applicant, owner, contract purchaser, option holder, or any beneficiary of a land trust is a corporation or partnership, the application shall disclose the name and address of the corporation's officers, directors, and registered agents, or the partnership's general partners and those shareholders or limited partners owning in excess of five percent of the outstanding stock or interest in the corporation or interest shared by the limited partners. Applicant or Owner is a land Trust If the Applicant or owner is a land trust or other trust or trustee thereof, the full name, address, telephone number, and extent of interest of each beneficiary shall be disclosed in the application. 12. Certification I hereby certify that I am aware of all code requirements of the City of McHenry that relate to this property and that the proposed use or development described in this application shall comply with all such codes. I hereby request that a public hearing to consider this application be held before the Planning and Zoning Commission, and thereafter that a recommendation be forwarded to the City Council for the adoption of an ordinance(s) granting the requested action(s), including any modifications to this application or conditions of approval recommended by the Zoning Board of Appeals or City Council. Signature of Applicants) Print Name and Designation of Applicants) Page 3 of 3 FORM B File Number f7C�7►1 ►1 7� 7�►�1 �lU 17►� 1- � �Y7C�7►11►F1�1 Planning and Zoning Commission City of McHenry 333 South Green Street °McHenry, IL 60050 °Tel: (815) 363-2170 °Fax: (815) 363-2173 Table 33 of the City of McHenry Zoning Ordinance provides that in recommending approval of a Zoning Map Amendment (Rezoning), the Planning and Zoning Commission shall transmit to the City Council written findings that all of the conditions listed below apply to the requested action. Please respond to each of these conditions as it relates to o�quest. l . Compatible with Use or Zonine of Environs The proposed use(s) or the uses permitted under the proposed zoning classification are compatible with existing uses or existing zoning of property in the environs. This parcel adjoins RS3 parcels to the east and adjoining the parcel. 2. Supported by Trend of Development The trend of development in the general area since the original zoning of the affected property was established supports the proposed use(s) or zoning classification. This is a remnant parcel which is not compatible with recent changes in use adjoining it. 3. Consistent with Comprehensive Plan Objectives The proposed uses) or zoning classification is in harmony with the objectives of the Comprehensive Plan of the City as viewed in light of any changed conditions since the adoption of the Plan. This parcel adjoins the Parcel to the west and fulfills the need to appropriately zone infill parcels. 4. Furthers Public Interest The proposed uses} or zoning classification promotes the public interest and not solely the interest of the applicant. Parcel has no access to the west and adjoining it to the residential use to the east which allows it to use an existing access FORM B Page 1 of 1 P INNt IAN VIN t r 'IV TxPl Nec I 441 „¢ .�b.. i, ' s rid 1 d a u i a ^rpy4£" v4 y t IN No iINN ts NN £i,N Ir $ 9 8x t. a Srt i t i xINN ANA1�,'r A 5kr a kr $ tr}t ,},x" ` ( s£NI 7 NN I N, Kq I I „I fight CiQunt 01: McHenry 2015. £�„� ,.,p h �. 'IN information is provided 'as -is' witli no _ a PP of �raG e e R4p4rw& N Plat ®f Survey ,o LEGAL DESCRIPTION:'THE NORTH 155.0 FEET OF THE FOLLOWING DESCRIBED TRACT: THAT PART OF THE SOUTHWEST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 35, TOWNSHIP 45 NORTH, RANGE 8, EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF SAID �1 SOUTHWEST 1/4 OF THE'SOUTHWEST 1/4 AND RUNNING THENCE SOUTH ALONG THE EAST LINE OF SAID SOUTHWEST 1/4 OF THE SOUTHWEST 1/4, 382.7 FEET; THENCE WEST PARALLEL WITH THE NORTH LWE OF SAID SOUTHWEST 1/4 OF THE SOUTHWEST 1/4, 564,24 FEET TO THE EAST LINE OF U.S. ROUTE 12; THENCE NORTH ALONG THE EAST LINE OF SAID U.S ROUTE 12, TO THE NORTH LINE OF SAID SOUTHWEST 1/4 OF THE SOUTHWEST 1/4; THENCE EAST ALONG THE NORTH LINE OF SAID SOUTHWEST 1/4 OF THE SOUTHWEST 1/4 TO THE PLACE OF BEGINNING, IN MCHENRY COUNTY, ILLINOIS, EXCEPTING THEREFROM THE WEST 255.0 FEET OF SAID NORTH 155.0 FEET. 95 LoT 96 Edgebrook Height Addition Unit 1 9g 99 A00 Fence ONDL1" &O E 018E FND 5/8" LOT 97 �O L� �� W i 4' FNI) 5 8" ® PROP CORNER REBAR N89014'37"E 319.6' CaIG FND 5 8" REBAR 255.0' RED 0LO 0 n a Fence x IN1.9' EXCEPTION 49211.2 Sq. Feet W z 1.13 Acres 9.8E0 O < v p 14.41' w 00 z yr 0,3 z 0T 12� L , J J P N Fence E D.2' 255.0' Rec FND 1" IRON PIPE S89014'37"W 315.39' Calc 0 PROP CORNER THIS OONMEM N NOTVALIO WRHOUTTHE SURVEYOR'SEEAL STATEOE5. COUMYOFDUEAFDUPACE THIS PROFESSIONALSERVICECONFORMS TO THE CURRENT ILLINOIS MINIMUM STANDARDS FOR A BOUNDARYSURVEY. COMPARETHE DESCRIPF10NONTHIS PIATWHH YOUR DEED, AND ATONCE REPORT ANY DIFFERENCE BUILDING LINES AND EASEMENTS AS SHOWN ARE BASED SOLELY ON THE DONMENEM PROVIOEDTOUA REFERTOYOURDEEDORTDI.EPOLICY. ALLDIMENSIONSARE GIVENINFEEFANDOECIMALFARTSTMEOF. BEARINGSASSHOWNARE ASSUMEDANDARESOINDICATEDWRIMEMORANCL ONLY. .• DATEDTHIS11th DAYOF JANUARY A.D. 2016 •4 t JEFFREY <•• eJSVPI�ROEK� IEPF.B .SPIR K ILLINOR RED RSEF AL NDSURYEYORN0.0090 GENIESIESURVEYINGAND ENGINEERING, P.0 lulxa � LICENEETOBE RENEWED NOVEMBERSB,RBIfioPs 15 V� 9• COMPARE THE DESCRIPTION OF THE PLAT VATH DEED, REFER TO THE TITLE POLICY FOR ITEMS OF RECORD NOT SHOWN. NOTED UTIUTIES WITHIN EASEMENTS ARE NOT SHOWN HEREON, UNDERGROUND UTIUIIES, INCLUDING, BUT NOT UMITED TO NOTE: DUE TO SNOW COVERAGE SOME FEATURES MAY NOT BE SHOWN LEGEND nSe[ IP Fnd IF x .Fnd ® Fnd P.K. PIK �d L.aoe Dancers ®Wood Dec ® Sdck LUCO CONSTRUCTION CO. PROFESSIONAL DESIGN FIRM NO. 184,004829 GLIENT NAME: 54 LOU Ave. 7ANCK COEN WRIGHT&SALADIN Crystal Lake, IL 60014 815-526-3974 CLIENT REFERENCE: GERSTAD 815-526-5984 Fax FIELDWORK SURVEY DRAWN BY: PROJECT NO. COMPLETED: COMPLETED: 15-38431 01-05-16 01-11-16 JJP 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 FOR: March 7, 2016 Regular City Council Meeting FROM: Douglas Martin, Director of Economic Development RE: Grant of Easement and Assignment of Lease Agreement between the City of McHenry and Global Signal Acquisitions IV pertaining to an existing Lease Agreement between the City of McHenry and Chicago SMSA D/B/A Verizon Wireless on property located at 1415 Industrial Drive ATT: 1. Ordinance authorizing Mayor's Execution of a Grant of Easement and Assignment of Lease Agreement between the City of McHenry and Global Signal Acquisitions IV 2. Finance and Personnel Committee Meeting Minutes dated September 21, 2015 3. Draft Grant of Easement and Assignment of Lease Agreement 4. Existing Lease Agreement between the City of McHenry and Chicago SMSA Limited Partnership D/B/A Verizon Wireless dated August 3, 2009 5. Finance and Personnel Committee Meeting Minutes dated August 27, 2012 BACKGROUND: At the Finance and Personnel Committee meeting on September 21, 2015 (minutes attached) the Committee considered three written offers to purchase the City's existing cellular telecommunications lease with Verizon for the monopole tower located at 1415 Industrial Drive (Public Works Facility). While the City owns the property at 1415 Industrial Drive Verizon owns the telecommunications tower and all associated appurtenances and leases 1,600 square feet of ground space from the City to accommodate the monopole telecommunications tower and ground equipment. The purchase of existing leases the City has with various telecommunications providers has been considered in the past (see attached Finance and Personnel Committee minutes dated August 27, 2012) but at that time the Committee did not want to move forward with the requests. At the September 21, 2015 meeting the Committee was in favor of further investigation and pursuing a potential lease buyout of the lease the City currently maintains with Verizon. E 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 The primary concerns expressed by the Committee at the September 21, 2015 meeting included: granting a perpetual easement or any easement at all; contacting two of the providers to ascertain if they would move forward without the grant of a perpetual easement; contacting Verizon to see if they were willing to match any of the offers submitted and hiring an independent consultant to review a lump sum payment as opposed to a lower annual payment the City would receive for several years. The Committee directed staff to present the best offer to the full City Council following researching these concerns. ANALYSIS: Since the Committee meeting in September staff received a fourth offer to purchase the Verizon lease, which was commensurate with the other three offers the Committee initially reviewed. Staff contacted each of the companies which submitted offers and stated a perpetual lease was not an option. Subsequently Crown Castle and Tower Point Capital submitted 30, 40 and 50-year lease offers. Staff did investigate the option of hiring a consultant to review the pros and cons of a lump sum payment versus a multi -year smaller annual payment and concluded hiring a consultant to do that analysis would not, in staffs opinion, provide a substantial benefit due to the lack of comparable lease buyouts which exist in this area. Further, while this type of agreement is not unusual, an analysis may be more subjective in nature due to the lack of comparable agreements in the surrounding geographic area. Staff did not contact Verizon because, after reviewing this option, Verizon, which has a right of first refusal in their existing lease with the City (lease attached), would need to review a "bona fide' offer which Verizon has the right to match within 30 days of receiving such notice. Staff did not want to submit any offer to Verizon, which they could consider matching without having a tentative agreement with a third party or a legitimate "bona fide" offer, in this case Crown Castle, and further without securing City Council authorization to do so. Finally, the City's current lease with Verizon grants Verizon a non-exclusive right of access (easement) which permits Verizon to access their tower and equipment 24 hours a day 7 days a week. Therefore, any assignment of the existing lease with Verizon to a third party requires a grant of easement or legal right to such third party to do the same. Staff also contacted references for all four companies which submitted offers to purchase the City's lease with Verizon and staff believed Crown Castle provided the best offer and option for the City to pursue. Staff proceeded to work with Crown Castle on the attached Grant of Easement and Assignment of Lease Agreement. City Attorneys David McArdle and Michael Smoron worked with staff to negotiate the terms of the attached agreement. 2 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 The basic terms of the agreement are very similar to lease agreements the City has with other telecommunications providers and include: a 50-year easement and assignment of the Verizon lease to Crown Castle, which commences 45 days following the expiration of Verizon's 30-day right of first refusal option; a one-time non-refundable payment of $417,500 to the City upon commencement or execution of the attached Grant of Easement and Assignment of Lease Agreement; payment of any real/personal property taxes attributable to the existing tower, equipment and or the 1,600 square -foot lease area would be the responsibility of Crown Castle; a removal bond will be maintained by the City if lease terminates and equipment, tower, etc. is not removed and lease area restored. If the City Council concurs it's recommended the attached ordinance authorizing the Mayor's execution of the attached Grant of Easement of Assignment of Easement Agreement be approved subject to the condition Verizon does not exercise its right of first refusal in accordance with the timeframe and provisions in the existing lease agreement between the City of McHenry and Chicago SMSA Limited Partnership D/B/A Verizon Wireless. If Verizon chooses to execute their right of first refusal staff will work with the City Attorney on presenting a revised agreement to the City Council, which would incorporate the terms of Crown Castle's offer into the existing lease agreement the City maintains with Verizon. 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 ORDINANCE NO. AN ORDINANCE AUTHORIZING EXECUTION OF A GRANT OF EASEMENT AND ASSIGNMENT OF LEASE AGREEMENT BETWEEN THE CITY OF MCHENRY AND GLOBAL SIGNAL ACQUISITIONS IV LLC FOR PROPERTY LOCATED AT 1415 INDUSTRIAL DRIVE, IN THE CITY OF MCHENRY, MCHENRY COUNTY, ILLINOIS 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 ("Grantor) and Global Signal Acquisitions IV LLC, A Delaware Limited Liability Company is the grantee ("Grantee") in a Grant of Easement and Assignment of Lease 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 bearing the date March 7, 2016 between the Grantor and Grantee 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 are 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 parts thereof 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 by law. PASSED THIS DAY OF 12016 AYES: NAYS: ABSTAINED: ABSENT: NOT VOTING: APPROVED THIS DAY OF ATTEST: Janice C. Jones City Clerk Susan E. Low Mayor Department of Community & Economic Development McHenry Municipal Center 2016 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.ci.mchenry.il.us G� 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 L 5r1 W.JLML , ltiANCE AND PERSONNEL COMMITTEE MEETING Monday, September 21, 2015 Alderman Conference Room, 6t00 pm. lln Attenciarsce; Ct naIIItUVI e l leaarbers: Chairman Alderman b intrrter, lderrraan Condom and Alderman Curry. Absent: None. Also in �httendanced City Adrrninistrator 14�torefield, ireetor crf contamic Ievelopn�ent Martina, Director of finance Lynch, City Cleric .loves. Chairnr�an Atdern�an iirrnnaer callenl the meeting to order ai 6:(If} p,m. lP€rblr In There was no i�ublic Ia�put. iiiseussion Re ardin Caasidration oi•'a, Pica ns+cd f'3 tlon and Structure l;ease Agreement between the CitV of McHenry and Sift rrntCom for Antenna. and Ground Space at 4225 Sioux Vane Chairraran Alderman 'i��zrner recograied director of fconornic Development martin rvho iaftarmed the Committee that over the past several years, the City of MeKenry has entered i ito several least agreements with wireless communication pro'riders for the purpose of placing antennae and ground structures can Citywowned properties, as well as a monopole tower at the public Works facility on Industrial Drive. Currently, the City bans four existing lease greearxents, two r�f`v{hie are f'c�r grc�urzcl space and associated antennae on the Sioux Lane water tower, one for ground and antenna space at 390E Albany in the Tonyarn Industrial Park, and the fourth is for ground space at the Public Yorks facility for a monopole tower and equipment building. mast year CIS Cellular terminated their lease and removed their equi, ent at 422 Sioux Lane, StafT has been negotiating a groaand space and antenna antenna. lease with Sritf`orra for several months and was prepared to faring tine proposal to the hall Council for consideration hoever recently Stag was informed by SprintCom's consulting attorney of the company's budgetary constraints and the financial tertus previously negotiated could not be fulfilled at this time. Staff has prapcasesf ata option and prepared a Structured Lease Agreement to allow SprintCoraa to place wireless conartxunication antenna. and an e€Iuiprnent building at 422� Sioux L;�ne City water tower). The lease area encompasses an approximately 12 x 20 square foot ground space and authorizes placement of antenna on the Sioux Larne Water Tower, The proposed Agreement includes a 542,0001year least payment, plus a 4% annual escalator. Staff was recently informed that SprintCom is unable to agree to the proposed financial terms and i proposing a 1,000/nionth tease payment and a 3% escalator spread over a five-year terns. l inance and Personnel Committee Meeting septernber 21, 201 Page Z i irector martin stated that Staff understands Sp mtCom s budgetary constraints, however, the newly proposed financial terms are substantially less than the previously agreed upon terms, as welt as the current least terms the City of McHenry has with New Cingtrlar, Verizon and T-Mobile, Staff has maintained a good working relationship with pri t cam and believes it is in the best interest of the City to wait, ascertain if SprintComVs financial position changes in the Future, or alternatively holdwaff for a proposal from another potential canner with more favorable financial terms. Staff is recc�trrmending at #his time that negotiations with SprintCar be terminated dtie to SprintCorn's recent request to reduce the monthly lease payment and annual escalator, �►1lawin a brief discussion, it °was the carrsensus of the Committee to terminate negotiations with SprintCorn and wait to see what occurs. l�iscussir►n �e ardin rinslder°atiort of Gffers to Prxrcase Tl�e Telecommurni+�atiorrs ,ease and Easement i i irts a# 141 industrial Drive Between the Ojy of McHenry and Verizon (Monopole, Telecommunications Tower and Ground Space) and Motion to Forward the Pro osal to Full + ouncil Director of conarari Develaprrrcnt Martin informed the Corrrmittee that Staff has received three written offers to purchase the city's lease with Verizan along with accompanying casement rights, at 1415 Industrial Drive, Crown Castle, 'Tower Paint Capital and Unison have all submitted written proposals. 12Q12, the City received offers trr purchase tl�e C`ity$s cellular tclecarnn�unicatarrs leases at 1415 Industrial Drive, as well as the three leases the City had for ground and space at 4225 Sioux Larne with U.S. Cellular, `I'mMobile and AT&T/New Cingular. Since that time, UI.S. Cellular has abandoned the Sioux Lane site and removed their antennae and associated ground equipment. Director Martin noted in 2012, the financial and Personnel Committee reviewed the proposals to purchase and decided not. to pursue the offers. t~iver the past decade, the market for internet, cellular telephone, and other wireless services has became extremely competitive due in part to mergers arrd ae quisitions. Wireless companies are consolidating sites, terminating redundant leases, and seeking ways to reduce casts and remain competitive. Similar to the proposals in 012, Crown Castle, Tower Point Capital and Unison are seeking to purchase the C'ty's existing cellular least with �J'rion, together wit% the aceornpanirxg easement rights to access the monopole tower at 1415 Industrial Drive, Director Martin reiterated that the City is the: landowner of the property but has not rights to the Verizon tower, If any of the options are pursued it is only for the City 's lease rights with Verizon, slang, with an easement or legal right to access the tower. The offers do not include selling any real or personal property owned by the City at 1415 Industrial Drive. finance mid personnel Committee Meeting eptenmber 21, 2015 page staff has ascertained the three companies submitting proposals are primarily looking to capture and central potential long-term revenue in the foram of purchased "umbrella" casement rights and assignment of existing leases. All three companies hedge their default risk by the amount of capital and number of leases maintained in the company. irector Martin indicated that tan; oe cancans raised by tine inane; and Persom�nel C arrmmittee in 2012 was the Mass of continuous revenue stream the City realizes from its existing leases. director �lartir� said that unlike th; offers from. 1niso, Crtawm� Castle and '`°ors?cr Point Capital, the existing Verizon lease has a limited lease payment guarantee. The City receives 2,31 S,55 per month from Verizon, along with an annual 3% escalator. However, the City's Tease with Verizon at 1415 industrial drive can be terrainated by Verizon upon six month's written notice prior to the end of any liveyear lease terra, director l�iartin prcmvidetl tl�e `ainrrnittee with Iurrmp sum. offers received f�°cmmxm each of the three companies, as well as an installment payment option, which Staff ensured the C ommittee would be .guaranteed if an agreement is pursued. Additionally, any offer sought by the City could also include a provision whereby the City would split any new revenue from a carrier that: might locate on. the monopole tower at 1415 Industrial Drive at any time in the future. Tyirector artiz� outlined the pros aad etrns to ermterimmg into an ,r�greenment, A lump sum payment could be utilized to assist in completing capital projects or purchasing capital equipment. A guaranteed annual sum for the next 15 to 20 ;years could be used for long-ten-n debt service payment. Conversely, eaxtering into an agreement such as the one prppased adds a third party to a eurrent two patty agreement, taffis seeking the following direction from the Committee: * should taffpursue one aFthe raff�rs? If so, does the Committee prefer a larger onetime payments or a smaller upfront sum in conjunction with a monthly or annual long-term guaranteed dollar amount' Does time Committee prefer to maintain the existing tease with Verizon and not pursue, the offers presented? iiirector Martin suggested it might be worthwhile to contact Verizon anti ascertairm their level of interest in mrmatchng any €ai'tl�e offtars, i�irectar �Tartin noted that i'tl�e C�c�mrmikty; bell;gyres it is worthwhile to pursue a lease buyout and easement agreement, as it pertains to the Verizon lease at 14151ndustrial give, a similar Agreement could be pursued with the leases at 4225 Sioux Lane. finance and Personnel Committee Meeting eptember 21, 2015 Page 4 i irector Martin informed the Committee that he has kept all the companies informed about the ongoing negotiations so everyone had the same information. Director Martin stated exploring the offers in greater detail rttay be advantageous to fire City, staff would work with representatives from each of the proposing companies to draft pease agreements for presentation to the full Council in the near future. Chairtrtan Aldetrnatr �,�'intmer opained that he is in favor of the tutztp sum payment but has concerns with a perpetual easement. A.ldemnan Condon and Alderman Curry concurred. Chairman Alderman Wimmer recommended no offers be accepted that include an easement. Alderman Condon suggested contacting Tower and Crown to see if they were willing to move forward with the agreement without the easement and then see if Verizon is willing to rmatch the offer. Alderman Curry stated he would also like to see figures for a perpetual lease. Alders��an Curry suggested paring someone to perform an evaluation to ascertain the value of the property, Responding to an inquiry from Alderman Curry regarding the current cost involved in tnaintaming the property, Director .Martin replied there is some cast to the Public Works i3epartment however it is trot significant. City �.ctrnittistration lvloreftepd t�gctire whether the Cctrtrrmittee recort�ertcis bringing arty of the offers back to the Finance and Personnel Committee or forward the offers to the full Council. Chairman Alderman Wimmer recommended that the best offer go directly to Council for consideration. It.esp�ortcfiz-tg to an inquiry, Director l�tpartin stated some legal costs kvould be incurred in preparing the lease. A,d„iaurnmenf Motion by Curry, seconded by Condom,. to adjoatrm the meetitt,� Aye. Condon, C€�rry, itt�mer. Nay. bone. Not Voting: None Abstaining, None Absent: None. Motion carried. . . A s P espectfully submitted, ` P / #tR#fit P #y• Richard W. Wimmer hairman 00 Richard Symon The Lyle Company 3140 Gold Camp Drive #30 Rancho Cordova, CA 95670 Tel: (773) 609-2248 fax (888) 566-0110 February 17, zOl6 Ciiy of McHenry Attentiok: Doug Martin 333 S. Green Street McHenry, IL 60050 (815) 363-2110 Crown CasHe n Authorized Vendor of Grown Castle 1220 Augusta Drive#500 Houston, TX 77057 RE: Land Lease Agreement dated August 3, Z004 as it may have been amended and/or assigned ("Lease'l between City of McHenry ("Grantor") and Verizon Wireless ("`leuanf% for the lease of real property located in McHenry County, Illinois ("}'remises") together with access and utility easements benefittutg the Premises ("Easements'), all as legally described in the Lease and any portion of Grantor's property on which communications facilities exist as of the date of this letter ("Encroachments") (the ]Premises, Easements and the Encroachments are collectively called the "Property"). Dear Doug: This letter agreement, together with the above definitions and the attached Schedule 1 and Exhibit A (collectively the "Agreement', is made effective on the dafie of the Last party to sign (` Effective flats") and sets forth the texrras of an: agreement between Grantor and Global Signal Acquisitions IV LLC, a Delaware limited liability company ("Grantee") to acquire a fifty (50) year term easement over the Property and assignment of the Lease. For Fifty Dollars ($50.00) in independent consideration to be paid by Grantee and delivered to Grantor within thirty (30) days after the date o£ full execution of this Agreement, and for other good and valuable consideration, Grantor and Grantee agree as follows: 1. Grantee and Grantor will enter into a Grant of Easement and Assignment of Lease which shall be for a term of fifty (S0) years and in the form attached as Exhibit A (the "Easement Agreement") for a purchase price of Pour Hundred Seventeen Thousand Five Hundred and No1100 Dollars ($417,500.00) (the "Purchase Price"). 2. Closing deadline. In the event the Transaction dues not close within forty --five (45) days after the earlier of the {i) expiration of the time period far Verizan to exercise its Right of First Refusal per section 18 of the Lease Agreement (ROFR) (if) or waiver of the ROFR by Ver3zon, either party may terminate this Letter Agreement by providing written notice to the other. 3. Grantor consents and agrees that from the date of full execution of this Agreement until the txanSacGon is closed, Grantee and such third parties as Grantee may designate (the "Authorized Parties") may enter upon the Property to conduct and perform tests, studies and evaluations by the Authorized Parties, in their sole discretion. Upon the conclusion of the tests, studies and evaluations necessary for due diligence, Grantee shall remove any equipmient placed on the Property and repair any damage to the Property resulting from any of the activity, and return the Property to the condition it was in before the Authorized Parties' entry onto the Property. OPT J,etter Agre�aent Short l~ oreu Page I of 2 Version fl9-06-22 Richard Symon The Lyle Company 3140 Gold Camp Drive #30 Rancho Cordova, CA 95670 Tel: (773) 609-2248 fax (888) 566-0110 February 17, zOl6 Ciiy of McHenry Attentiok: Doug Martin 333 S. Green Street McHenry, IL 60050 (815) 363-2110 Crown CasHe n Authorized Vendor of Grown Castle 1220 Augusta Drive#500 Houston, TX 77057 RE: Land Lease Agreement dated August 3, Z004 as it may have been amended and/or assigned ("Lease'l between City of McHenry ("Grantor") and Verizon Wireless ("`leuanf% for the lease of real property located in McHenry County, Illinois ("}'remises") together with access and utility easements benefittutg the Premises ("Easements'), all as legally described in the Lease and any portion of Grantor's property on which communications facilities exist as of the date of this letter ("Encroachments") (the ]Premises, Easements and the Encroachments are collectively called the "Property"). Dear Doug: This letter agreement, together with the above definitions and the attached Schedule 1 and Exhibit A (collectively the "Agreement', is made effective on the dafie of the Last party to sign (` Effective flats") and sets forth the texrras of an: agreement between Grantor and Global Signal Acquisitions IV LLC, a Delaware limited liability company ("Grantee") to acquire a fifty (50) year term easement over the Property and assignment of the Lease. For Fifty Dollars ($50.00) in independent consideration to be paid by Grantee and delivered to Grantor within thirty (30) days after the date o£ full execution of this Agreement, and for other good and valuable consideration, Grantor and Grantee agree as follows: 1. Grantee and Grantor will enter into a Grant of Easement and Assignment of Lease which shall be for a term of fifty (S0) years and in the form attached as Exhibit A (the "Easement Agreement") for a purchase price of Pour Hundred Seventeen Thousand Five Hundred and No1100 Dollars ($417,500.00) (the "Purchase Price"). 2. Closing deadline. In the event the Transaction dues not close within forty --five (45) days after the earlier of the {i) expiration of the time period far Verizan to exercise its Right of First Refusal per section 18 of the Lease Agreement (ROFR) (if) or waiver of the ROFR by Ver3zon, either party may terminate this Letter Agreement by providing written notice to the other. 3. Grantor consents and agrees that from the date of full execution of this Agreement until the txanSacGon is closed, Grantee and such third parties as Grantee may designate (the "Authorized Parties") may enter upon the Property to conduct and perform tests, studies and evaluations by the Authorized Parties, in their sole discretion. Upon the conclusion of the tests, studies and evaluations necessary for due diligence, Grantee shall remove any equipmient placed on the Property and repair any damage to the Property resulting from any of the activity, and return the Property to the condition it was in before the Authorized Parties' entry onto the Property. OPT J,etter Agre�aent Short l~ oreu Page I of 2 Version fl9-06-22 If this Agreement aoourately sets forth Grantor's understanding and agreement to the terms and conditions above, please so indicate by signing below. grantor: Grantee: City of McHenry Global Signal Acquisitions 1zV LLC, By: Name: Title: Date: Page 2 of 2 a lDelaivare limited lia6iiity congsany By: Name: Title: Date: i I � I i I. i i i i 't F.Y�ii:Is1111111 xi 1 Standard 7Cerms amd Conditions l . Consummation of this transaction will be subject #o: a_ appxoval of this Agreement by Grantee's property eomnuttee; b. the execution and delivery by Grantor of all foarms xecluixed by applicable taxing authorities, and any documents required by Grantee's title insurex evidencing the authority of the party executing such documents on Grantor's behalf; c. perfarmauce by Grantee of environmental screening of the Property's soil conditions with results satisfactory to Grantee and its lendez; d. receipt by Grantee of a survey in form and subs#once satisfactory to Grantee {"Survey"); e. Gra�atee's receipt of a title commitment with respect to the Pxopeztys to be obtained, stating that Grantor leas good, indefeasible and marketable fee simple title to the Pxoperty, free and Blear of all liens and encumbrances except such matters as may be acceptable to Grantee; f. Grantee's xeceipt of any consents necessary to assign the Lease; and g. execution by Grantor of an assignment of lease notification letter addressed to the 'Tenant. 2. Upon satisfaction of the contingencies described above to Grantee's safe satisfaction, the parties shall execute the Easement Agreement within the timeframe set forth in the letter. 3 _ From the date of this Agreement until the Easement Agreement is fully executed, Grantor shall not directly or indirectly solicits initia#e or encourage submission of proposals or offers relating to any disposition or encumbrance of the Property in whole or in part. 4. Irrespective of whether this transaction is consummated, Gxantee and Gxantax each will pay its own out-of� pocket expenses. 5. Notwithstanding anything to the contrary contained herein, Grantee has the complete xight to terminate this Agreement prior to closing without damages. ti. Grantor shall cooperate in alL ways, including but not limited to providing information, signing documents and seeking execution by tivrd parties of documents tlxat will remove, sulrozdinate oz satisfy any mortgagees deeds of trusts, liens or other encurnbzances affecting the Property. 7. Grantor agrees that the information contained in this Agreement and other ix+foxcnation: conveyed by Grantee to Grantor concerning this transaction., whether written or oral, constitutes confidential information that will not be disclosed without the prior written consent of Grantee. 8. The Easement Agreement shall include a legal description of the Property to be inserted by Grantee upon {'zrantee's receipt of the Survey. 9. Grantor represents and warrants that: a. Grantor is duly authorized and has the full power, right and authority to enter into this Agreement, and subject #o the following item 9.b, to perform Grantor's obligations herein; b. Grantor understands that if the Propexy is subject to a mortgage, deed of trust or is otherwise used as collateral for a Loan, then the consent of Grantor's lender to the transaction is probably required. Grantor understands that if such consent is required then failure to obtain such consent could place Grantor in default of such loan and subject the Property to foreclosure by such lender. Grantor hereby holds harmless Grantee from any cost, damage or liability which Grantor may incur as a result of closing this transaction without such consort; c. Grantor has no knowledge of any pending ox threatened condemnation proceedings or other similar proceedings relating to the Propexy; QP'1' l.ettcz Agreemenrt Short Form Schedule 1 Standard Terms and Conditions Page l of 2 d. Grantor has no knowledge of any special or general assessment levied, pending or threatened against the Property; e. There is no litigafion or proceedings pending, or to Grantor's knowledge threatened, against ar relating to the Property in whole or in part; i Grantor agrees that Grantee may, but shall not be obligated to, extend any time periods set forth herein in order to �a} detennixxe whether these xepresentations and warranties are true and correct and (b} pemut Grantor to perforn► any corrective actions necessary to make such representations and verarranties true and correct as of the closing; axed, g. From the date of this Agreement through the date that Grantor executes the F'asement Agreement, Grantor shall use its best efforts to ensure that the foregoing representations and warranties shall remain true and correct and Grantor shall promptly notify Grantee if any representation or warranty is or possilsly may not be true or correct. Grantor's representations, waxranties and covenants shall survive the closing. I6. if any provisions in this Agreement are or become unenforceable, ail other provisions shall remain enforceable. li. Grantee may assign this Agreement to any affiliate of Grantee without Grantor's consent. 12. This Agreemerrt contains the entire understanding of the parties relating to this Agreement and the subject matter of the Easement Agreement and supersedes all prior written or oral agreements. This Agreement is binding on and beneixts Grantor and Grantee and their respective heirs, legal representatives, successors anal assigns. OPT I,etterAgteement ShortForm Schedule i Standard Terms and Conditions Page 2 of 2 �' �= I f i Facilities: BUSINESS UNTT Ni7IvIBER Street Address: PART OF 1415INDC7'S'I'RRTAT. DRIVE City: McHF.NRY County: McHENRY State: ILLINOIS between Global Signal. Acquisitions N LLC, a Delaware ].invited liability company ("Grantee") Od i THE CTI'Y OP McHENRY, axe Illinois municipal corporation ("Grantor") GRANT OF EASEMENT AND ASSIGNMENT OF 1. EASE THIS GRANT OF EASEMEN AND ASSIGNMENT OF LEASE (the "Easement") is made effective this day of _ , 2016, by and between the %Y of McHenry, an Illinois municipal corporation (the "Grantor") and Global Signal Acquisitions N I LC, a Delaware limited liability company (the"Grantee"). WHEREAS, the Grantee wishes to acquire an exclusive easement from the Grantor to enable the Grantee to install certain improvements over and upon the "Easement Area" described below, subject to the rights of existing utility easement holders as well as that certain Land Lease Agreement by and between the Grantor and SMSA Limited Partnership (the "Lessee") dated August 3, 2009 (the "Lease Agreement"), and have the Grantor assign its rights to the Lease Agreement to Grantee. NOW THEREFORE, for good and valuable consideration received, the parties agree as follows: 1. Description of Grantor's PronertV. Grantor is the owner of that certain land and premises in the City of McHenry, County of McHenry, State of Illinois, by grant or conveyance described in the Public Records of McHenry County, at Official Records Book , Page , the description and depiction of said property is attached hereto as Exhibit "A" (hereinafter "Grantor's Property"), 2. Description of Casement. Upan execution of this Easement, Grantee shall pay Grantor Four Hundred Seventeen Thousand Five Hundred Dollars ($41 i1540}9 which the parties agree is non-refundable to Grantee, Grantor grants and conveys unto Grantee, its successors and assigns, for a term of fifty (50) years commencing from the date first set forth above, an exclusive easement for the use of a portion of Grantor's Property, that portion being shown in the Site flan attached hereto as Exhibit "B" and described by metes and bounds in Exhibit "C" attached hereto (the "Easement Area") subject only to i) existing utility easements and ii) the Lease Agreement, The Easement Area shall also include (a) a fifty year non_exclusive right-of4ay for ingress and egress, seven days per week, twenty-four hours per day, on foot or motor vehicle, including trucks, along a thirty foot wide right-of-way together with the right to install, replace and maintain above and below ground utility wires, poles, cables, fiber, conduit and pipes only as expressly shown on Exhibit "B" subject only to the rights of the Lessee under the Lease Agreement and those claurning through such Lessee any rights; (b) any portion of Grantor's Property on which communications facilities exist on the date of this Easement (even if not described in the Lease Agreement as that term is defined in Section 3 of this Easement). In the event Grantee or any public utility is unable or unwilling to use the easement described in subsection (a) above, Grantor hereby agrees to grant an additional right-o&way, in form satisfactory to Grantee, to Grantee or at Grantee's request, directly to a public utility, at no cost and in a location acceptable to Grantee provided that such right of way does not interfere with Grantor's operations_ 3. Assignment of the Lease Agreement, The Grantor represents that a true and correct copy of the Lease Agreement is attached hereto as Exhibit "D". As used herein, the term "Lease Agreement" shall include any amendments or addendums to said agreement. Grantor warrants that Grantor has delivered to Grantee true and correct copies of the Lease Agreement, To Grantor's best knowledge, no party to the Lease Agreement has breached or is in default of their respective obligations under the Lease Agreement and no party has requested or discussed a modification of the Lease Agreement (including a reduction in rent) or termination now or in the future. Grantor hereby assigns to Grantee Grantor's right, title and interest in the Lease Agreement, including but not limited to (a) all rents and other monies due or to become due to Grantor pursuant to the Lease Agreement (b) the right to amend any and all terms of the Lease Agreement (c) the right to extend the length of the term of the Lease Agreement for the remaining duration of the fifty year Easement set forth in paragraph 2 above; and (d) the right to increase the size of the area subject to the Lease Agreement so long as any such expansion is within the Easement Area. Grantee assumes the obligations and liabilities of Grantor, as lessor under the Lease Agreement accruing after the date of. this Easement, but only to the extent that such obligations and liabilities are not the responsibility of Grantor pursuant to the terms of this Easement. 4. Grantor's Obligations with Respect to the Lease Agreement. From and after the date hereof and continuing until this Easement expires or is terminated, Grantor shall not, other than to the extent required herein or requested in writing by Grantee, exercise or enjoy any of the rights or remedies of the lessor under the Lease Agreement. Grantor shall notify Grantee in writing within five (5) calendar days of Grantor's receipt of any payment in respect of rent, income, charges, •interest, penalties, fees and other revenue payable by the Lessee, and Grantor shall forward such payment to Grantee within said five (5) day period. In the event that Grantor fails to forward to Grantee any payment as provided hereunder, Grantee shall have the right to collect such payment from Grantor together with interest on such payment at the greater of the (i) the rate provided by statute where the Easement is located or (ii) 12% per annum (calculated from the date five (5) days after Grantor receives such payment -until Grantor pays such sums due to Grantee). Grantor shall, however, continue to pay, perform, and otherwise discharge all obligations and liabilities of the lessor under the Lease Agreement with respect to Grantor's Property, whether arising prior to, on, or after the date hereof. Without limiting the generality of the foregoing, Grantor shall: (a) fully, faithfully and timely perform all covenants to be performed by the Grantor under the Lease Agreement; (b) promptly pay all mortgages, loans, liens, judgments and all real estate, personal income and other taxes that may become due with respect to Grantor's Property caused by the actions of the Grantor; (c) promptly execute, without any additional consideration, all letters of authorizations, permits, applications or other documents required for Grantee to fully enjoy the Easement or the Lease Agreement consistent with the terms and conditions of this Easement; (d) not suffer or allow any breach, default or event of default by the Grantor to occur under the Lease Agreement; and (e) not take any action for the purpose of, or with the effect oi; inducing or causing the Lessee not to exercise a right to renew or extend the Lease Agreement consistent with the terms and conditions of this Easement. Failure to comply, in whole or in part with this Section shall constitute a default by Grantor of the terms hereof and entitle Grantee to the remedies provided in Section ld of this Easement. 5. Permitted Uses. The Easement Area shall be used for constructing, maintaining and operating communications facilities and energy generation facilities for energy to be used only for communication facilities situated within the Easement Area, including without limitation, tower structures, antenna support structures, cabinets, meter boards, buildings, antennas, cables, equipment and uses incidental thereto including those necessary for Grantee's compliance with its obligations under the Lease Agreement (the "Permitted Use") subject to the limitations set forth in paragraph 2 above. All facilities, equipment, structures, shelter or other improvements within the Easement Area shall be removed or caused to be removed by Grantee within 90 days of the expiration or termination of this .Easement, whichever occurs first. No facilities or structures installed or constructed on the Easement Area by Grantee shall constitute a fixture, but shall remain the personal property of Grantee. Grantee shall not modify section 16 of the Lease Agreement, wherein the Lessee is required to provide and maintain in place a removal bond in the amount of Twenty Five Thousand Dollars ($25,000.00)(Removal Bond). Grantor shall continue to be named obligee on the Removal Bond. To the extent the Lessee at any point fails to keep the Removal Bond in place during the term of the Lease Agreement or Easement which names Grantor as obligee, Grantee agrees to immediately obtain a replacement bond for the same amount of the Removal Bond as described herein, naming Grantor as obligee, in a form reasonably acceptable to Grantor, and deliver same to the Grantor promptly. In addition, in the event that Grantee, or anyone doing so through the rights of Grantee other than the Lessee, installs any facilities, structure, shelter, equipment or other improvements within the Easement Area, Grantee shall provide a removal bond to Grantor naming the Grantor as obligee guaranteeing the removal of such facilities, structure, equipment, shelter or other improvements, in a form reasonably acceptable to Grantor, and promptly deliver same to Grantor during the construction or installation of any such facilities, structure, equipment, shelter or other improvements. Grantor acknowledges that Grantor has no right to object to or approve any improvements to be constructedd on the Basement Area subject to the limitations set forth in paragraph 2 above. If requested by Grantee, Grantor will execute, at Grantec's sole cost and expense, all documents required by any governmental authority in connection with any development of or construction on, the Easement Area, including documents necessary to petition the appropriate public bodies for certificates, permits, licenses and other approvals deemed necessary by Grantee in Grantee's absolute discretion to utilize the Easement Area for the Permitted Use subject to the limitations set forth in paragraph 2 above. Grantor agrees to be named applicant if requested by Grantee. In furtherance of the foregoing, Grantor hereby appoints Grantee as Grantor's attorneyAll-fact to execute all land use applications, permits, licenses and other approvals on Grantor's behalf. Grantor shall be entitled to no further consideration with respect to 2 any of the foregoing matters. Grantor shall take no action that would adversely affect the status ofthe Easement Area with respect to the Permitted Use subject to the limitations set forth in paragraph 2 above. 6. Easement. This Easement and Grantee's rights and privileges hereunder shall be only for a fifty (50) year term and may be terminated or expire only as provided for herein. 7. Grantee's Riuht #o Terminate. Grantee shall have the unilateral right, but not the obligation, to terminate this Easement for any reason. Upon termination of this Easement, (i) if the Lease Agreement is then in effect, the rights and obligations as lessor under the Lease Agreement shall automatically revert to Grantor and (ii) the parties shall have no further obligations to each other except as provided herein; provided, however, that if Grantee installed any buildings, structures or equipment upon the Easement Area, Grantee shall, within a reasonable time, remove all of its building(s), tower and above ground property and restore the surface of the Easement Area to its original condition prior to any such installment, reasonable wear and tear excepted. Any buildings, structures or equipment installed or constructed upon the Easement Area by Lessee, or those holding by, through and under Lessee, shall be subject to the terms and conditions of the Lease Agreement. Said termination shall be effective upon Grantee providing written notice of -termination to Grantor. S_ Hazardous Materials. a. For purposes of this Easement, the term "Hazardous Materials" means any substance which is (i) designated, defined, classified or regulated as a hazardous substance, hazardous material, hazardous waste, pollutant or contaminant under any Environmental Law, as currently in effect or as hereafter amended or enacted, (ii) a petroleum hydrocarbon, imcludingcrude oil or any fraction thereof and all petroleum, products, (iii) PCBs, (iv) lead, (v) asbestos, (vi) flammable explosives, (AI) infectious materials, or (viii) radioactive materials. "Environmental Law(s)" means the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, 42 U.S.C. Sections 9601, et seq., the Resource Conservation and recovery Act of. 1976, 42 U.S.C. Sections 6901, et seq., the Toxic Substances Control Act, 15 U.S.C. Sections 2601, et seq., the Hazardous Materials Transportation Act, 49 U.S.C. 5101, et seq., and the Clean Water Act, 33 U.S.C. Sections 1251, at seq., as said laws have been supplemented or amended to date, the regulations promulgated pursuant to said laws and any other federal, state or local Iaw, statute, rule, regulation or ordinance which regulates or proscribes the use, storage, disposal, presence, clean-up, transportation or release or threatened release into the environment of Hazardous Materials. b. Grantee shalt not (either with or without negligence} cause the use, storage, generation, escsape, disposal or release of any Hazardous Materials in any moaner not sanctioned by law. In all events, Grantee shall indemnify and hold Grantor harmless from any and all claims, damages, fines, judgments, penalties, costs, liabilities or losses (including, without limitation, any and all sums paid for settlement of claims, attorneys' fees, and consultants' and experts' fees) arising from the presence or release of any Hazardous Materials on the Easement Area if caused by Grantee or persons acting under Grantee. C. Grantor shall not (either with or without. negligence) cause the use, storage, generation, escape, disposal or release of any i-iazardous Materials in any manner not sanctioned bylaw. In all events, Grantor shall indemnify and hold Grantee harmless from any and all.claims, damages, fines, judgments, penalties, costs, liabilities or losses (including, without limitation, any and all sums paid for settlement of claims, attorneys' fees, and consultants' and experts' fees) arising from the presence or release of any Hazardous Materials on Grantor's Property if caused by Grantor or persons acting under Grantor. Grantor shall execute such affidavits, representations and the like from time to time as Grantee may reasonably request concerning Grantor's best knowledge and belief as to the presence of Hazardous Materials on Grantor's Property without requiring any investigation or related cost. d. To Grantor's knowledge, neither the Easement Area -nor Grantor's Property is in violation of or subject to any existing, pending, or threatened investigation or inquiry by any governmental authority or subject to any remedial obligations under any applicable laws pertaining to Hazardous Materials. 3 9. Insurance. a. Grantee shall maintain commercial general liability insurance insuring against liability for bodily injury, death or damage to personal property with an occurrence limit of no less than Three Million Dollars ($3,000,000) and a general aggregate limit of no less than Six Million and No/100 Dollars ($6,000,000). In addition, Grantee shall maintain worker's compensation in statutory amounts, employer's liability insurance with combined single limits of One Million and No/100 Dollars ($1,000,000); automobile liability insurance insuring against claims for bodily injury or property damage with combined single limits of One Million and No/100 Dollars ($1,000,000); and all risk property insurance coverimg all personal property within the Easement Area for full replacement value. Grantee shall provide Grantor with evidence of such insurance in the form of a certificate of insurance prior to obtaining occupancy of the Easement Area and throughout the term of this Easement. The limits requirement may be met by a combination of primary and excess liability policies that also apply to other locations. b. The Grantor is to be covered as an additional insured with respect to liability arising out of activities within the Easement Area. The premises included in the policy shall specifically include the Easement Area and the premises described in the Lease Agreement. The coverage shall contain no special limitations on the scope of protection afforded to the Grantor. c. Grantee's insurance coverage shall be primary with respect to Grantee's indemnify obligations. Aly insurance or self insurance maintained by the Grantor shall be in excess of Grantee's insurance and shall not contribute to it, consistent with Grantor's indemnity obligations. d. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the Grantor. e. Both parties shall agree to waive all rights of subrogation against the other party. f. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, cancelled, reduced in coverage or in limits except after 30 daysprior written notice has been given the Grantor. g. lnsurance is to be placed with insurers with a l3est's rating of no less than A-, V1.0 and licensed to do business in the State of Illinois. h. Grantee shall furnish the Grantor with certificates of insurance naming the Grantor as an additional insured. i. Grantor shall maintain general liability insurance insuring against liability for bodily injury, death or damage to personal property with combined single limits of One Million and No/t00 Dollars {$1,000,000). In addition, to the extent required by law, Grantor shall maintain worker's compensation in statutory amounts and employer's liability insurance with combined single limits of One Million and No/100 Dollars ($1.000,000). Grantor shall provide Grantee with evidence of such insurance in the form of a certificate of insurance prior to Grantee obtaining occupancy and throughout the term of this Agreement. 14. lYi:aintenance, Grantor shall maintain the Grantor's Property in a good and safe condition except to the extent maintenance is the obligation of the Lessee under the Lease Agreement. 11. Removal of Obstructions. Grantee has the right to remove obstructions, including but not Limited to vegetation, which may encroach upon, interfere with or present a hazard to Grantee's or Lessee's use of the Easement Area. Grantee shall be responsible for disposing of any materials related to the removal of obstructions. IZ. Taxes. During the term of the Easement, Grantee shall pay all real and personal property taxes associated with this Easement, the Lease Agreement, the premises subject to the Lease Agreement, the Easement Area, any and all improvements thereon as well as any use of same. Grantee shall directly pay the tax hill or invoice within sixty (60) days after receipt from the County Treasurer's Office. The parties anticipate that the County Treasurer's Office will issue tax bills directly to Grantee, but in the event that that does not occur, and the C! Grantor receives such bill, the Grantor will use reasonable efforts to provide same to Grantee in a timely manner, but in no event will a failure to do so constitute a breach of this Easement. Grantee reserves the right to challenge any tax assessment, and Grantor agrees to cooperate with Grantee in connection with any such challenge provided that there is no out of pocket cost for Grantor to do so. Failure of Grantor to comply, in whole or in part with this Section shall constitute a default by Grantor of the terms hereof and entitle Grantee to the remedies provided in Section 14 oftbis Easement. 13. Waiver of Subrogation. The parties hereby waive any and all rights of action for negligence against the other which may hereafter arise on account of damage to the Easement Area or any other portion of Grantor's Property, including improvements and personal property located thereon, resulting from any fire or other casualty of the kind covered by property insurance policies with extended coverage regardless of whether or not, or in what amount, such insurance is now or hereafter carried by the parties. 14. Aefault. The following shall constitute events of default by Grantor: (a} Grantor's failure to comply with any portion of this Easement; (b) failure by Grantor to forward to Grantee any payment as required in Section 4; (c) failure by Grantor to pay taxes as required in Section 12 of this Easement; (d) failure to timely pay any mortgages, loans, liens or judgments on the Grantor's Property caused by Grantor; (e) a default of the Lease Agreement, the cure of which is solely or partially within the control of Grantor; and/or (f) any agreement, act or omission of Grantor resulting in, or likely to result in, the termination or expiration of the Lease Agreement or any other lease over the Easement Area or any portion thereof (each a "Default"). Grantee shall give Grantor written notice of a Default. After receipt of such written notice, Grantor shall have ten (10) days in which to cure any monetary Default and fifteen (15) days in which to cure any non -monetary Default. Grantor shall have a reasonable extended period as may be required beyond the fifteen (15) day cure period to cure any non -monetary Default if the nature of the cure is such that it requires additional time to cure, and Grantor commences the cure within the fifteen (15) day period and thereafter continuously and diligently pursues the cure to completion. In the event that Grantor is in default beyond the applicable period set forth above, Grantee may, at its option (i) terminate this Easement and be relieved from all further obligations under this Easement; (ii) perform the obligation(s) of Grantor; (iii) take any actions that are consistent with Grantee's rights; (iv) sue for injunctive relief, specific performance, and damages; or (v) set-off such amounts expended against any amounts due to Grantor. In the event that any sums expended by Grantee pursuant to this Easement are not reimbursed by Grantor within thirty (30) days of demand as provided hereunder, Grantee shall have the right to collect such amounts from Grantor together with interest on such amounts at the greater of the (i) the rate provided by statute where the Easement is located or (li) 12% per annum. (calculated from date such amounts are expended until Grantor pays such sums due to Grantee). 15. Limitation an IDamaM. In no event shall Grantee or Grantor be liable to the other for consequential, indirect, speculative or Qunitive damages in eannection with or arising from this Easement, the Permitted Use ar the Easement Area. 16. I2eeordinu. Grantor acknowledges that Grantee intends to record this Easement, or a memorandum of this Easement, with the appropriate recording officer upon execuiian of this Easement. Grantor acknowledges that Grantee may record a subsequent memorandum of this Easement within two years of the date of this Easement if, in Grantee's sole discretion, Grantee desires to record a more accurate description of the Easement Area. Grantor agrees to fully cooperate in any subsequent recordings without additional consideration. 17. Bold Harmless. Except as limited herein, Grantor hereby indemnifies, holds harmless, and agrees to defend Grantee against all damages asserted against or incurred by Grantee by reason of, or resulting from: (a) the breach by Grantor of, any representation, warranty, or covenant of Grantor contained herein or (b) any negligent act or omission of Grantor, excepting however such damages as may be due to or caused by the acts of Grantee or its agents except as limited herein. Grantee hereby indemnifies, holds harmless, and agrees to defend Grantor against all damages asserted against or incurred by Grantor by reason of; or resulting from; (a) the breach by Grantee of any representation, warranty, or covenant of Grantee contained herein or (b) any negligent act or omission of Grantee, excepting however such damages as may be due to or caused by the acts of. Grantor or its agents. 1$. Grantor's Covenant of Title. Grantor covenants: (a) Grantor is seized of fee simple title to the Grantor's Property of which the Easement Area is a part and has the right and authority to grant this Easement; (b) that this Easement is and shall be free and clear of all liens, claims, encumbrances and rights of third parties of any kind whatsoever caused by Grantor; (c) subject to the terms and conditions of this Easement, Grantee shall have quiet possession, use and enj oytuent of the Easement Area; (d} there are no aspects of title that might interfere with or be adverse to Grantee's interests in and intended use of the Easement Area; and (e) that Grantor shall execute such further assurances thereof as may be required. 19. Non-interference. From and after the date hereof and continuing until this Easement is tezxa,inated (if ever), Grantor shall not permit (a) the construction, installation or operation of any conununicatious facilities that emit radio frequencies on Grantor's Property other than communications facilities constructed, installed and/or operated on the Easement Area pursuant to this Easement or the Lease Agreement or (b) any condition on Grattor's Property which interferes with the Permitted Use. Each of the covenants made by Grantor in this Section 19 is a covenant running with the land for the term of this Easement and shall be binding upon Grantor and each successive owner of any portion of Grantor's Property and upon each person having any interest therein derived through any owner thereof. 20. Eminent Domain, if the whole ar any part of the Easement Area shall be taken by right pf eminent domain or any similar authority of law, the entire award for the value of the Easement Area and improvements so taken shall belong to Grantee. 21. Grantor's lProperty. Grantor shall not do or pernrit anything that wilt interfere .vith ar negate any special use permit or approval pertaining to the Easement Area or cause any communications or energy facilities on the Easement Area to be in nonconformance with applicable Iocal, state, or federal laws. Grantor covenants and agrees that it shall not subdivide the Grantor's Property if any such subdivision will adversely affect the Easement Area's compliance (including any improvements located thereon) with applicable laws, rules, ordinances and/or zoning, or otherwise adversely affects Grantee's ability to utilize Grantor's Property for the Permitted Use. Grantor may initiate or consent to changes in, the zoning of Grantor's Property so long as said zoning changes do not prevent or limit Grantee from using the Easement Area for the Permitted Use. 22. Entire Agreement. Grantor and Grantee agree that this Easement contains all of the agreements, promises and understandings between Grantor and Grantee. No verbal or oral agreements, promises or understandings shall be binding upon either Grantor or Grantee in any dispute, controversy or proceeding at law. Any addition, variation or modification to this Easement shall be void and ineffective unless made in writing and signed by the parties hereto. 23. Construction of Document. Grantor and Grantee acknowledge that this document shall not be construed in favor of or against the drafter and that this document shall not be construed as an offer until such time as it is executed by one of the parties and then tendered to the other party. 24. Applicable Law. This Easement and the performance thereof Shall be governed, interpreted, construed and regulated by the laws of flee State where the Easement is located. The parties agree that the venue for any litigation regarding this Easement shall be MGHenry County, lliinois. 2 5. Notices. All notices hereunder shall be in writing and shall be given by (a) established express delivery service which. maintains delivery records, {b} baud delivery, or (c} certified or registered mail, postage prepaid, return receipt requested. Notices may also be given by facsimile transmission, provided that the notice is concurrently given by one of the above methods. Notices are effective upon receipt, or upon attempted delivery if delivery is refused or if delivery is impossible because of failure to provide reasonable means for accomplishing delivery. The notices shall be, sent to the parties at the following addresses: If to Grantor: Derik Morefietd, City Administrator City of McHenry 3Do S. Green Street McHenry, IL 60050 If io Grantee:. Global Signal Acquisitions 1V LLC E. Blake hawk, General Counsel Attn: Legal —Real Es#ate Dept. 2000 Corporate Drive Canonsburg, PA 153 i7 26. A.ssis;nment. The parties hereto expressly intend that the easements granted herein shall be easements in gross, and as such, are transferable, assignable, inheritable, divisible and apportionable so long as none exceed the fifty year term set forth above and are consistent with the rights of any existing utility easement holders and the Lessee under the Lease Agreement and those claiming through Lessee and provided and contingent upon each grantee of an easement from Grantee delivering to Grantor an additional certificate of insurance in accordance with the requiremen#s of paragraph 9 herein, Grantee has the right, within its sole discretion, to sell, assign, lease, eorrvey, license ox cucumber any of its interest in the Easement Area without consent. In addition, Grantee has the right, within its sole discretion, to grant sub -easements over any portion of the Easement Area without consent. In connection with fire foregoing, Grantor izrevacably constitutes and appoints Grantee as its true and lawiul attarney- in fact, with full power of substitution and resubstitution to negotiate and consummate subleases, licenses, sublicense or any other agreements for the use or occupancy o;f the Easement Area upon the terms and conditions set forth herein. The Grantor shall be notified of each such sale, assignment, lease conveyance, license, encumbrance or easement and the insurance and indemnifica#ion obligations set forth in paragraph 9 shall also be applicable to each Grantee and each sublease, license, easement, lease, sublicense or any other agreement for lire use or occupancy shall incorporate the insurance and indemnity provisions herein in favor of the Grantor and shall name Gran#or as a third party baneSciary of such sublease, license, easement, lease, sublicense or other agreement with respect to such provisions of such agreements. All copies of such sublease, license, easement, lease, sublicense ox other agreement shall be provided to the Grantor as a condition precedent to such third party's occupancy within the Easement Area. Grantor ratifies anal acknowledges the right of Grantee to enter into such agreements and Grantor will be bound by such agreements throughout and after any termination pf This Easement and aclaaowledgas that all such agreements entered into by Grantee shall survive any termination of this Easement. Any such sale, assignment; lease, license, conveyance, sub -easement or encumbrance shall be binding upon the successors, assigns, heirs and legal representatives of the respective parties hereto. An assignment of this Easement shall be effective upon Grantee sending written notice thereof to Grantor at Grantor's mailing address stated above and shall relieve Grantee from any farther liability or obligation accruing hereunder on or after the date ofthe assignment. 27. Partial Invalidity. If any term of this Easement is found to be void ox invalid, then such invalidity shall not affect the remaining terms of this Basement, which shall contimre in full force and effect. 2S. Mo tra es. The Grantox agrees not to mortgage this Easement or the subject premises. 29_ Successors and Assiarrs. The tenors of this Easement shall constitute a covenant running with the Grantor's Pmperiy for the benefit of Grantee and i� successors and assigns and shall extend to and bind the heirs, personal representatives, successors and assigns of the parties hereto and upon each person having any interest thezein derived Through arty owner thereof far the term of this Easement. Any sale, mortgage, lease ox other conveyance of Grantor's Property shall be under and subject to this Easement and Grantee's rights hereunder. 30. Constructiun oL Easement. The captions preceding the Suctions o£ this Easement are intended only for convenience of reference and in no way defrne, lirxtit or describe the scope of this Easement or the intent of any provision hereof. Whenever the singular is used, the same shall include the plural and vice versa and wards of any gendez shall include the other gender. As used herein, "inchrding" shall mean "inchtdirtg, without limitation_" This document may be executed in multiple counterparts, each of which shall be deemed a fully executed original. 31. Non -Interference with Y�ease Agreement. Grantor and Grantee hereby aclrnowledge and agree that: (a) the terms of this Easerrrent are not intended to cause the lessor under the Lease Agreement to be in breach thereof, and {b) Grantee's right to utilize the Easement Area for the Permitted Ilse is subject to all rights of Lessee as provided in the Lease Agreement while the Lease Agreement remains in full force and effect, including without limitation, Lessee's rights, if any, to the exclusive use of the Basement Area. Irr the event rho execu#ion of this Easement or the terms hereof shall cause the lessor under fire Lease Agreement to be in breach thereof, this Easement 7 4 a shall be automatically amended to the extent necessary to keep the lesson from being in breach of the Lease Agreement. In addition, in the event Grantor's assignment to Grantee of the lessor's interest in the Lease Agreement and/or the execution of this Easement would cause the lessor to be in breach of the Lease Agreement or would otherwise be prohibited under the terms of the Lease Agreement, then Grantor and Grantee agree that, at Grantee's election, any one or more of the following may occur: (1) Grantee will be Grantor's manager and operator of the Lease Agreement instead of the lessor under the Lease Agreement until such time that such assigning or granting or failing to assign or grant any right title or interest can be effective without causing the lessor to be in breach of the Lease Agreement; (2) Grantee will receive and will he entitled to all of the revenue that Grantee would have been entitled to as lessor under the Lease Agreement and Grantor will direct, in writing, all payors of amounts due to pay such amounts to Grantee; (3) Grantor will grant Grantee a power of attorney, and will appoint Grantee as its agent and attorney to review, negotiate and execute on behalf of Grantor, in Grantee's sole discretion, all documents and instruments relating to the Lease Agreement; including but not limited to, amendments to amend any and all teams of the Lease Agreement, amendments to remove any conflicts between the Lease Agreement and this Easement, amendments to extend the length of the term of the Lease Agreement, amendments to terminate the Lease Agreement or otherwise take action or inaction that will result in the Lease Agreement expiring or terminating, and amendments to increase the size. of the area subject to the Lease Agreement so long as any such expansion is within the Easement Area; and to otherwise act on behalf of Grantor in dealing with the Lease Agreement until such time that such assigning or granting or failing to as -sign or grant any right, title or interest can be effective without causing the lessor to be in breach of the Lease Agreement. 32. Conditions Precedent to Effectiveness of Easement, The Granter and Grantee agree that conditions precedent to the Easement taking effect shall be (i) the Lessee expressly electing not to exercise any right of first refusal or failing to exercise the right of first refusal to meet the terms and conditions of this Easement, and (ii) Grantee's expressly recognizing the Lessee's rights under the Lease Agreement pursuant to paragraph 19, entitled Rights upon Sale, thereof The parties agree that Grantee shall undertake to complete these items by contacting the Lessee and working with Lessee to obtain such documentation evidencing that these conditions precedent have occurred and that Grantor shall cooperate to effectuate same. The parties agree that signing the letter dated shall only constitute an offer of sale or offer to transfer until the conditions precedent herein are fulfilled. [Signatures appear on the following page] El i IN WITNESS WHEREOF, Grantor and Grantee, having read the foregoing and intending to be legally bound hereby; have executed this Grant of Easement as of the day and year first written above. Witness: Grantor: The City of McHenry, an Illinois municipal corporation. E i By: By: i NarKie: Name: Derik Morefield I Title: Title: City Administrator Date: Date: Witness: GRANTEE: Global Signal Acquisitions IV I LC, a Delaware limited liability company i i i By: By: Name: Name: Title: Title: Date: Date: i [Insert appropriate State acknowledgements for recording purposes.] f � I i I ......... .... ........ ... ................_.............................................................. . ..._........._... ....... ..... 1 9 i I A-1 i �.. >; i I i '4p iC ;: _. �'. e: t' i � The 1~asemeut Area shall include anyportion of Grantor's Property on which communioations faciliiies exist on the i date of this Easement together with the portion of the Grantor's Property leased by Grantoz pursaant to the Lease i Agreement and the portion of the Property dascrl'bed as follows: ..... i B—1 � ... i_ EXg3EBTT C i EASElYiE1�TT AILi:A ANID ACCESS EASE1liEN�` � _; i C-1 i I EXIIIBIT D i I LEASE AGREEMENT i i i s' I ; i i I , i I !. i i I ..._. _...._... --....._. ....._.._ ... _.................. - ......................_..... OPT Letter Agreement Short Form Exhibit A OPT Installment Easement Agreement Page I of I j i j ORDINANCE NO.ORD-09-Id79, AN ORDINANCE AUTHORIZING THE EXECUTION OF A LAND LEASE AGREEMENT BETWEEN THE CITY OF MCHENRY AND CHICAGO SMSA LIhIITED PARTNERSHIP, D/BIA VERIZION WIRELESS FORA PORTION OF THE PROPERTY LOCATED AT 1415 INDUSTRIAL DRIVE, IN THE CITY OF MCHENRY, MCHENRY COUNTY, ILLINOIS WHEREAS, the City of McHenry is the legal owner of retard and Chicago SMSA Limited Parmersbip9 d/b/a Verizon Wireless is the designated lessor of a portion of the real estate located at 1415 Industrial Drive in the City of McHenry, Illinois, NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MCHENRY, MCHENRY COUNTY, ILLINOIS AS FOLLOWS: SECTION 1: The Land Lease Agreement, bearing the date of August 3, 2009, between the City of McHenry, a Municipal Corporation In the State of Illinois record owner and Chicago SMSA Limited Partnership dlb/a Verizon Wireless designated lessor be and the same is hereby approved. A complete and accurate ropy of said land lease agreement is attached to this ordinance and incorporated herein by reference. SECTION 2; The Mayor and City Clerk aze hereby authorized to affix their signatures as Mayor and City Clerk to said annexation agreement for the uses and purposes therein set forth. SECTION 3: All Ordinance or parts thereof in conflict with the terms and previsions hereof are hereby repealed to the extent of such conflict. SECTION 4: This Ordinance shalt 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 by law. PASSID and APPROVED this 3`� day of August, 2009 AYES: Sarni, Gish, Murgalroyd, Wimmer, Peterson, Condon, NAYS: None, ABSTAINED: None. ABSENT: Schaefer, NOT VOTING: None. MAYOR � ATTEST; �1\ C.L. l'. •� 1 �il�/ � t .l J SATE NAME: DT McHenry SITE NUMBER: 2008284269 1 187711 ATTYIDATE: M. Biesiada LAND LEASE AGREEMENT This Agreement, made this ak day of L-`sec- — 2009 between City of McHenry with its principal offices located at 333 S. Greet e52r et, McHenry, IL 60050, hereinafter designated LESSOR and Chicago SMSA Limited Partnership, d/b/a Verizon Wireless, with its principal office located at One Verizon Way, Mail Stop 4AW100, Basking Ridge, New Jersey 07920 (telephone number 8664624404), hereinafter designated LESSEE. The LESSOR and LESSEE are at times collectively referred to hereinafter as the "Parties" or individually as the "Fart}'. 1. PREMISES. LESSOR hereby leases to LESSEE a portion of that certain parcel of property (the entirety of LESSOR's property is -referred to hereinafter as the Property), located at 1 US Industrial Drive, McHenry, II. 60050 and being described as a 40' by 40' parcel containing 1,600 square feet (the "Land Space"), together with the non-exclusive right (the "Rights of Way for ingress and egress, seven (7) days a week twenty-four (24) hours a day, on foot or motor vehicle, including trucks over or along a twenty-five (25') foot wide right -of --way extending from the nearest public right-of-way, Industrial Drive, to the Land Space, and for the installation and maintenance of utility wires, poles, cables, conduits, and pipes over, under, or along one or more rights of way from the Land Space, said Land Space and Rights of Way (hereinafter collectively referred to as the'Tremises") being substantially as described herein in Exhibit "A" attached hereto and made a part hereof. The Property is also shown on the Tax Map of the City of McHenry in Section 27, Township 45 North, Range 8 and is further described in a Trustee's Deed June 20, 2007 and as recorded in the Office of McHenry County Recorder on June 25, 2007 as Document Number 2007R0043638. In the event any public utility is unable to use the Rights of Way, the LESSOR hereby agrees to grant an additional right-of-way either to the LESSEE or to the public utility at no cost to the LESSEE. 2. SURVEY. LESSOR also hereby grants to LESSEE the right to survey the Property and the Premises, and said survey shall then become Exhibit "B" which shall be attached hereto and made a part hereof, and shall control in the event of boundary and access discrepancies between it and Exhibit "A". Cost for such work shall be home by the LESSEE. 3. TERM: RENTAL. a. This Agreement shall be effective as of the date of execution by both Parties, provided, however, the initial term shall be for five {S) years and shall commence on the Commencement Date (as hereinafter defined) at which time rental payments shall commence and be due at a total annual rental of Twenty -Four Thousand Dollars ($24,000.00) to be paid in equal monthly installments on the first day of the month, in advance, to the City of McHenry or to such other person, firm or place as LESSOR may, from time to time, designate in writing at least thirty (30) days in advance of any rental payment date by notice given in accordance with Paragraph 25 below. The Agreement shall commence on the first day of the month in which LESSEE commences installation of the equipment on the Premises (the "Commencement Date"). LESSOR and LESSEE agree that they shall acknowledge in writing the Commencement Date. LESSOR and LESSEE acknowledge and agree that initial rental payment(s) shall not actually be sent by LESSEE until thirty (30) days after a written acknowledgement confirming the Commencement Date. By way of illustration of the preceding sentence, if the Commencement Date is January 1 and the written acknowledgement confirming the Commencement Date is dated January 14, LESSEE shall send to the LESSOR the rental payments for January 1 and February 1 by February 13. Upon agreement of the Parties, LESSEE may pay rent by electronic funds transfer and in such event, LESSOR agrees to provide to LESSEE bank routing information for such purpose upon request of LESSEE. b. LESSOR hereby agrees to provide to LESSEE certain documentation (the "Rental Documentation") evidencing LESSOR's interest in, and right to receive payments under, this Agreement, including without limitation: (i) documentation, acceptable to LESSEE in LESSEE's reasonable discretion, evidencing LESSOR's good and sufficient title to and/or interest in the Property and right to receive rental payments and other benefits hereunder; (ii) a complete and fully executed Internal Revenue Service Form W-9, or equivalent, in a form acceptable to LESSEE, for any party to whom rental payments are to be made pursuant to this Agreement; and (iii) other documentation requested by LESSEE in LESSEE's reasonable discretion. From time to time during the Term of this Agreement and within thirty (30) days of a written request from LESSEE, LESSOR agrees to provide updated Rental Documentation in a form reasonably acceptable to LESSEE. The Rental Documentation shall be provided to LESSEE in accordance with the provisions of and at the address given in Paragraph 25. Delivery of Rental Documentation to LESSEE shall be a prerequisite for the payment of any rent by LESSEE and notwithstanding anything to the contrary herein, LESSEE shall have no obligation to make any rental payments until Rental Documentation has been supplied to LESSEE as provided herein. Within fifteen (15) days of obtaining an interest in the Property or this Agreement, any assignee(s), transferee(s) or other successor(s) in interest of LESSOR shall provide to LESSEE Rental Documentation in the manner set forth in the preceding paragraph. From time to time during the Term of this Agreement and within thirty (30) days of a written request from LESSEE, any assignee(s) or transferee(s) of LESSOR agrees to provide updated Rental Documentation in a form reasonably acceptable to LESSEE. Delivery of Rental Documentation to LESSEE by any assignee(s), transferee(s) or other successor(s) in interest of LESSOR shall be a prerequisite for the payment of any rent by LESSEE to such party and notwithstanding anything to the contrary herein, LESSEE shall have no obligation to make any rental payments to any assignee(s), transferees) or other successor(s) in interest of LESSOR until Rental Documentation has been supplied to LESSEE as provided herein. 4. EXTENSIONS. This Agreement shall automatically be extended for four (4) additional five (5) year terms unless LESSEE terminates it at the end of the then current term by 2 giving LESSOR written notice of the intent to terminate at least six (6) months prior to the end of the then current tern. 5. EXTENSION RENTALS. The annual rental For each successive year of this Agreement shall increase on the annual anniversary of the Commencement Date by three percent (3%) over the prior year's annual rent. 6. ADDITIONAL EXTENSIONS. Tf at the end of the fourth (4th) five (5) year extension term this Agreement has not been terminated by either Party by giving to the other written notice of an intention to terminate it at least three (3) months prior to the end of such term, this Agreement shall continue in force upon the same covenants, terms and conditions for a further term of five (5) years and for five (5) year terms thereafter until terminated by either Party by giving to the other written notice of its intention to so terminate at least three (3) months prior to the end of such term, Annual rental for each such additional five (5) year term shall be equal to one hundred fifteen percent (115%) of the annual rental payable with respect to the immediately preceding five (5) year term, The initial term and all extensions shall be collectively referred to herein as the "Term". 7. TAXES. LESSEE shall have the responsibility to pay any personal property, real estate taxes, assessments, or charges owed on the Property which LESSOR demonstrates is the result of LESSEE's use of the Premises and/or the installation, maintenance, and operation of the LESSEE's improvements, and any sales tax imposed on the rent (except to the extent that LESSEE is or may become exempt from the payment of sales tax in the jurisdiction in which the Property is located), including any increase in real estate taxes at the Property which LESSOR demonstrates arises from the LESSEE's improvements and/or LESSEE's use of the Premises. LESSOR and LESSEE shall each be responsible for the payment of any taxes, levies, assessments and other charges imposed including franchise and similar taxes imposed upon the business conducted by LESSOR or LESSEE at the Property. Notwithstanding the foregoing, LESSEE shall not have the obligation to pay any tax, assessment, or charge that LESSEE is disputing in good faith in appropriate proceedings prior to a final determination that such tax is properly assessed provided that no lien attaches to the Property. Nothing in this Paragraph shall be construed as making LESSEE liable for any portion of LESSOR's income taxes in connection with any Property or otherwise. Except as set forth in this Paragraph, LESSOR shall have the responsibility to pay any personal property, real estate taxes, assessments, or charges owed on the Property and shall do so prior to the imposition of any lien on the Property. LESSEE shall have the right, at its sole option and at its sole cost and expense, to appeal, challenge or seek modification of any tax assessment or billing for which LESSEE is wholly or partly responsible for payment. LESSOR shall reasonably cooperate with LESSEE at LESSEE's expense in filing, prosecuting and perfecting any appeal or challenge to taxes as set forth in the preceding sentence, including but not limited to, executing any consent appeal or other similar document. In the event that as a result of any appeal or challenge by LESSEE, there is a reduction, credit or repayment received by the LESSOR for any taxes previously paid by LESSEE, LESSOR agrees to promptly reimburse to LESSEE the amount of said reduction, credit or repayment. In the event that LESSEE does not have the standing rights to pursue a good faith and reasonable dispute of any taxes under this paragraph, LESSOR will pursue such dispute at LESSEE's sole cost and expense upon written request of LESSEE. 8. USE; GOVERNMENTAL APPROVALS. LESSEE shall use the Premises for the purpose of constructing, maintaining, repairing and operating a communications facility and uses incidental thereto. A security fence consisting of chain link construction or similar but comparable construction may be placed around the perimeter of the Premises at the discretion of LESSEE (not including the access easement). All improvements, equipment, antennas and conduits shall be at LESSEITs expense and their installation shall be at the discretion and option of LESSEE. LESSEE shall have the right to replace, repair, add or otherwise modify its utilities, equipment, antennas and/or conduits or any portion thereof and the frequencies over which the equipment operates, whether the equipment, antennas, conduits or frequencies are specified or not on any exhibit attached hereto, during the Term. It is understood and agreed that LESSEVs ability to use the Premises is contingent upon its obtaining after the execution date of this Agreement all of the certificates, permits and other approvals (collectively the "Governmental Approvals") that may be required by any Federal, State or Local authorities as well as satisfactory soil boring tests which will permit LESSEE use of the Premises as set forth above. LESSOR shall cooperate with LESSEE in its effort to obtain such approvals and shall take no action which would adversely affect the status of the Property with respect to the proposed use thereof by LESSEE. In the event that (i) any of such applications for such Governmental Approvals should be finally rejected; (ii) any Governmental Approval issued to LESSEE is canceled, expires, lapses, or is otherwise withdrawn or terminated by governmental authority; (iii) LESSEE reasonably determines that such Governmental Approvals may not be obtained in a timely manner; or (iv) LESSEE reasonably determines that any soil boring tests are unsatisfactory, LESSEE shall have the right to terminate this Agreement. Notice of LESSEE's exercise of its right to terminate shall be given to LESSOR in writing by certified mail, returnreceipt requested, and shall be effective upon the mailing of such notice by LESSEE, or upon such later date as designated by LESSEE. All rentals paid to said termination date shall be retained by LESSOR. Upon such temrination, this Agreement shall be of no further force or effect except to the extent of the representations, warranties and indemnities made by each Party to the other hereunder. Otherwise, the LESSEE shall have no further obligations for the payment of rent to LESSOR. 9. PREMISES MAINTENANCElUTILtTIES. LESSEE will keep and maintain the Premises in good condition, reasonable wear and tear and damage from the elements excepted. LESSEE shall be responsible for the separate metering, billing, and payment of the utility services consumed by its operations. LESSOR will fully cooperate with any utility company requesting an easement over, under and across the Premises in order for the utility company to provide service to LESSEE. LESSOR will not be responsible for interference with, interruption of or failure, beyond the reasonable control of LESSOR, of such services to be flrrnished or supplied by LESSOR. 100 INDEMNIFICATION. Subject to Paragraph 11 below, each Party shall indemnify and hold the other harm]ess against any claim of liability or loss from personal injury or property damage to the proportional extent resulting from or arising out of the negligence or willful misconduct of the indemnifying Party, its employees, contractors or agents, except to the extent such claims or damages may be due to or caused by the negligence or will misconduct of the other Party, or its employees, contractors or agents. I1. INSURANCE. a. LESSEE shall maintain commercial general liability insurance insuring against liability for bodily injury, death or damage to personal property with combined single limits of Five Million and No/100 Dollars ($5,000,000). In addition, LESSEE shall maintain worker's compensation in statutory amounts, employer's liability insurance with combined single limits of One Million and No/100 Dollars ($I,000,000); automobile Iiability insurance insuring against claims for bodily injury or property damage with combined single limits of One Million and Noll00 Dollars ($1,000,000); and all risk property insurance covering all personal property of LESSEE for full replacement value, LESSEE shall provide LESSOR with evidence of such insurance in the form of a certificate of insurance prior to obtaining occupancy of the Premises anA throughout the tern of this Agreement. b. The LESSOR is to be covered as an additional insured with respect to liability arising out of activities performed by or on behalf of LESSEE. The Premises included in the policy shall specifically include the leased and licensed areas. The coverage shall contain no special limitations on the scope of protection afforded to the LESSOR. c. LESSEE's insurance coverage shall be primary with respect to LESSEE's operations. Any insurance or self insurance maintained by the LESSOR shall be in excess of LESSEE's insurance and shall not contribute to it, consistent with LESSOR's indemnity obligations. d. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the LESSOR. e. LESSEE's general liability insurance shall contain a Separation of Interest clause or language stating LESSEE's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insured's liability, f. Both parties shall agree to waive all rights of subrogation against the other party. g. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, cancelled except after 30 days (10 days due to non payment) prior written notice by mail has been given the LESSOR. h. Insurance is to be placed with insurers with a Best's rating of no less than A-, VH and licensed to do business in the State of Illinois. i. LESSEE shall furnish the LESSOR with certificates of insurance naming the LESSOR as an additional insured on the general and automobile liability insurance coverage. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. Blanket additional insured endorsements may be utilized if they provide a scope of coverage at least as broad as the coverage required under this provision. j. LESSOR shall maintain general liability insurance insuring against liability for bodily injury, death or damage to personal property with combined single limits of One Million and No/100 Dollars ($1,000,000). In addition, to the extent required by law, LESSOR shall maintain worker's compensation in statutory amounts and employer's liability insurance in the amount of One Million and No/100 Dollars ($1,000,000). LESSOR shall provide LESSEE with evidence of such insurance in the form of a certificate of insurance prior to LESSEE obtaining occupancy and throughout the term of this Agreement. 12. LIMITATION OF LIABILITY. Except for indemnification pursuant to Paragraphs 10 and 31, neither Party shall be liable to the other, or any of their respective agents, representatives, employees for any lost revenue, lost profits, loss of technology, rights or services, incidental, punitive, indirect, special or consequential damages, loss of data, or interruption or loss of use of service, even if advised of the possibility of such damages, whether under theory of contract, tort (including negligence), strict liability or otherwise. 13. ANNUAL TERMINATION, Notwithstanding anything to the contrary contained herein, provided LESSEE is not in default hereunder beyond applicable notice and cure periods, beginning in the year following the fourth anniversary of the Commencement Date, LESSEE shall have the right to terminate this Agreement upon the annual anniversary of the Commencement Date provided that three (3) months prior notice is given to LESSOR. 14. INTERFERENCE. LESSEE agrees to install equipment of the type and frequency which will not cause harmful interference which is measurable in accordance with then existing industry standards to any equipment of LESSOR or other lessees of the Property which Is on the Property prior to the date this Agreement is executed by the Parties. In the event any after -installed LESSEYs equipment causes such interference, and after LESSOR has notified LESSEE in writing of such interference, LESSEE will take all commercially reasonable steps necessary to correct and eliminate the interference, including but not limited to, at LESSEE's option, powering down such equipment and later powering up such equipment for intermittent testing, In no event will LESSOR be entitled to terminate this Agreement or relocate the equipment as long as LESSEE is making a good faith effort to remedy the interference issue. LESSOR agrees that LESSOR and/or any other tenants of the Property who currently have or in the future take possession of the Property will be permitted to install only such equipment that is of the type and frequency which will not cause harmful interference which is measurable in accordance with then existing industry standards to the then existing equipment of LESSEE. The Parties acknowledge that there will not be an adequate remedy at law for noncompliance with the provisions of this Paragraph and therefore, either Parry shall have the right to equitable remedies, such as, without limitation, injunctive relief and specific performance. 15. REMOVAL AT END OF TERM. LESSEE shall, upon expiration of the Term, or within sixty (60) days after any earlier termination of the Agreement, remove its building(s), antenna structure(s) (except footings), equipment, conduits, fixtures and all personal property and restore the Premises to its original condition, reasonable wear and tear and casualty damage excepted, with footings and foundations to be removed to a depth of no less than three (3') feet below grade. After such sixty (60) day interval, LESSOR shall have the right, without any obligation to do so, to remove such equipment, conduits, fixtures and personal property in the event LESSEE fails to do so. LESSOR shall not be liable for any damage caused to the equipment, conduits, fixtures or personal property in connection with its removal or subsequent storage of same so long as LESSOR's actions are taken in good faith. LESSOR agrees and acknowledges that all of the equipment, conduits, fixtures and personal property of LESSEE shall remain the personal property of LESSEE and LESSEE shall have the right to remove the same at any time during the Term, whether or not said items are considered fixtures and attachments to real property under applicable Laws (as defined in Paragraph 35 below). If such time for removal causes LESSEE to remain on the Premises after termination of this Agreement, LESSEE shall pay rent at one hundred and ten percent (11No) of the then existing monthly rate or on the existing monthly pro-rata basis if based upon a longer payment term, until such time as the removal of the building, antenna structure, fixtures and all personal property are completed. ]6. REMOVAL BOND. LESSEE will grovide to LESSOR prior to the Commencement Date, a removal bond in the amount of Twenty -Five Thousand Dollars ($25,000.00) in form and content mutually agreeable to the parties, to insure the installation will be removed at the expiration or termination of the Lease. 17. HOLDOVBR. LESSEE has no right to retain possession of the Premises or any part thereof beyond the expiration of that removal period set forth in Paragraph 14 herein, unless the Parties are negotiating a new lease or lease extension in good faith. In the event that the Parties are not in the process of negotiating a new lease or lease extension in good faith, LESSEE hoIds over in violation of Paragraph 15 and this Paragraph 17, then the rent then in effect payable from and after the time of the expiration or earlier removal period set forth in Paragraph 15 shall be increased to one hundred and twenty percent (120%) of the rent applicable during the month immediately preceding such expiration or earlier termination, 18. RIGHT OF FIl2ST REFUSAL. If LESSOR elects, during the Term Al to sell or otherwise transfer all or any portion of the Property, whether separately or as part of a larger parcel of which the Property is a part, or (ii) to grant to a third party by easement or other legal instrument an interest in and to that portion of the Property occupied by LESSEE, or a larger portion thereof, for the purpose of operating and maintaining communications facilities or the management thereof, with or without an assignment of this Agreement to such third party, LESSEE shall have the right of first refusal to meet any bona fide offer of sale or transfer on the same terms and conditions of such offer. If LESSEE fails to meet such bona fide offer within thirty (30) days after written notice thereof from LESSOR, LESSOR may sell or grant the easement or interest in the Property or portion thereof to such third person in accordance with the terms and conditions of such third party offer. For purposes of this Paragraph, any transfer, bequest or devise of LESSOR's interest in the Property as a result of the death of LESSOR, whether by will or intestate succession, shall not be considered a sale of the Property for which LESSEE has any right of first refusal. 19. RIGHTS UPON SALE. Should LESSOR, at any time during the Term decide (1) to sell or transfer all or any part of the Property to a purchaser other than LESSEE, or (ii) to grant to a third party by easement or other legal instrument an interest in and to that portion of the Property occupied by LESSEE, or a larger portion thereof, for the purpose of operating and maintaining communications facilities or the management thereof, such sale or grant of an easement or interest therein shall be under and subject to this Agreement and any such purchaser or transferee shall recognize LESSEE's rights hereunder under the terms of this Agreement, To the extent that LESSOR grants to a third party by easement or other legal instrument an interest in and to that portion of the Property occupied by LESSEE for the purpose of operating and maintaining communications facilities or the management thereof and in conjunction therewith, assigns this Agreement to said third party, LESSOR shall not be released from its obligations to LESSEE under this Agreement, and LESSEE shall have the right to look to LESSOR and the third party for the full performance of this Agreement. 20. QUffiT ENJOYMENT. LESSOR covenants that LESSEE, on paying the rent and performing the covenants herein, shall peaceably and quietly have, hold and enjoy the Premises. 21. TITLE. LESSOR represents and warrants to LESSEE as of the execution date of this Agreement, and covenants during the Term that LESSOR is seized of good and sufficient title and interest to the Property and has full authority to enter into and execute this Agreement. LESSOR further covenants during the Term that there are no liens, judgments or impediments of title on the Property, or affecting LESSOR's title to the same and that there are no covenants, easements or restrictions which prevent or adversely affect the use or occupancy of the Premises by LESSEE as set forth above. 22, IINITEGRATION. It is agreed and understood that this Agreement contains all agreements, promises and understandings between LESSOR and LESSEE and that no verbal or oral agreements, promises or understandings shall be binding upon either LESSOR or LESSEE in any dispute, controversy or proceeding at law, and any addition, variation or modification to this Agreement shall be void and ineffective unless made in writing signed by the Parties or in a written acknowledgment in the case provided in Paragraph 3. In the event any provision of the Agreement is found to be invalid or unenforceable, such finding shall not affect the validity and enforceability of the remaining provisions of this Agreement. The failure of either Party to insist upon strict performance of any of the terms or conditions of this Agreement or to exercise any of its rights under the Agreement shall not waive such rights and such Party shall have the right to enforce such rights at any time and take such action as may be lawful and authorized under this Agreement, in law or in equity. 23. GOVERNING LAW, This Agreement and the performance thereof shall be governed, interpreted, construed and regulated by the Laws of the State of Illinois. 24. ASSIGNMENT. This Agreement may be sold, assigned or transferred by the LESSEE without any approval or consent of the LESSOR to the LESSEE's principal, affiliates, subsidiaries of its principal or to any entity which acquires all or substantially all of LESSEE's assets in the market defined by the Federal Communications Commission in which the Property is located by reason of a merger, acquisition or other business reorganization, As to other parties, this Agreement may not be sold, assigned or transferred without the written consent of the LESSOR, which such consent will not be unreasonably withheld, delayed or conditioned. No change of stock ownership, partnership interest or control of LESSEE or transfer upon partnership or corporate dissolution of LESSEE shall constitute an assignment hereunder. LESSEE may sublet the Premises within its sole discretion, upon notice to LESSOR. Any sublease that is entered into by LESSEE shall be subject to the provisions of this Agreement and shall be binding upon the successors, assigns, heirs and legal representatives of the respective Parties hereto. 25. ON TICES. Al] notices hereunder must be in writing and shall be deemed validly given if sent by certified mail, return receipt requested or by commercial courier, provided the courier's regular business is delivery service and provided further that it guarantees delivery to the addressee by the end of the next business day following the courier's receipt from the sender, addressed as follows (or any other address that the Parry to be notified may have designated to the sender by like notice): LESSOR: City of McHenry 333 S. Green Street McHenry, IL 60050 LESSEE: Chicago SMSA Limited Partnership d/b/a Verizon Wireless 180 Washington Valley Road Bedminster, New Jersey 07921 Attention: Network Real Estate Notice shall be effective upon actual receipt or refusal as shown on the receipt obtained pursuant to the foregoing, 26. SUCCESSORS. This Agreement shall extend to and bind the heirs, personal representative, successors and assigns of the Parties hereto. 21. SUBORDINATION AND NON -DISTURBANCE. At LESSOR's option, this Agreement shall be subordinate to any future master lease, ground lease, mortgage, deed of trust or other security interest (a "Mortgage") by LESSOR which from time to time may encumber all or part of the Property or right-of-way; provided, however, as a condition precedent to LESSEE being required to subordinate its interest in this Agreement to any future Mortgage covering the Property, LESSOR shall obtain for LESSEE's benefit a non -disturbance and attomment agreement for LESSEE's benefit in the form reasonably satisfactory to LESSEE, and containing the terms described below (the "Non -Disturbance Agreement"), and shall recognize LESSEE's right to remain in occupancy of and have access to the Premises as long as LESSEE is not in default of this Agreement beyond applicable notice and cure periods. The Non -Disturbance Agreement shall include the encumbering party's ("Lender's") agreement that, if Lender or its successor-in4merest or any purchaser of Lender's or its successor's interest (a "Purchasee acquires an ownership interest in the Property, Lender or such successor-in4nterest or Purchaser will (1) honor all of the terms of the Agreement, (2) fulfill LESSOR's obligations under the Agreement, and (3) promptly cure all of the then -existing LESSOR defaults under the Agreement. Such Non -Disturbance Agreement must be binding on all of Lender's participants in the subject Ioan (if any) and on all successors and assigns of Lender and/or its participants and on alI Purchasers. In return for such Non -Disturbance Agreement, LESSEE will execute an agreement for Lender's benefit in which LESSEE (1) confirms that the Agreement is subordinate to the Mortgage or other real property interest in favor of Lender, (2) agrees to attorn to Lender if Lender becomes the owner of the Property and (3) agrees to accept a cure by Lender of any of LESSOR's defaults, provided such cure is completed within the deadline applicable to LESSOR. In the event LESSOR defaults in the payment and/or other performance of any mortgage or other real property interest encumbering the Property, LESSEE, may, at its sole option and without obligation, cure or correct LESSOR's default and upon doing so, LESSEE shall be subrogated to any and all rights, titles, liens and equities of the holders of such mortgage or other real property interest and LESSEE shall be entitled to deduct and setoff against all rents that may otherwise become due under this Agreement the sums paid by LESSEE to cure or correct such defaults. 28. RECORDING. LESSOR agrees to execute a Memorandum of this Agreement whicb LESSEE may record with the appropriate recording officer. The date set forth in the Memorandum of Lease is for recording purposes only and bears no reference to commencement of either the Term or rent payments. 29. DEFAULT. a. In the event there is a breach by LESSEE with respect to any of the provisions of this Agreement or its obligations under it, including the payment of rent, LESSOR shall give LESSEE written notice of such breach. After receipt of such written notice, LESSEE shall have fifteen (15) days in which to cure any monetary breach and thirty (30) days in which to cure any non -monetary breach, provided LESSEE shall have such extended period as may be required beyond the thirty (30) days if the nature of the cure is such that it reasonably requires more than thirty (30) days and LESSEE commences the cure within the thirty (30) day period and thereafter continuously and diligently pursues the cure to completion, LESSOR may not maintain any action or effect any remedies for default against LESSEE unless and until LESSEE has failed to cure the breach within the time periods provided in this Paragraph. b. In the event there is a breach by LESSOR with respect to any of the provisions of this Agreement or its obligations under it, LESSEE shall give LESSOR written notice of such breach. After receipt of such written notice, LESSOR shall have thirty (30) days in which to cure any such breach, provided LESSOR shall have such extended period as may be required beyond the thirty (30) days if the nature of the cure is such that it reasonably requires more than thirty (30) days and LESSOR commences the cure within the thirty (30) day period and thereafter continuously and diligently pursues the cure to completion. LESSEE may not maintain any action or effect any remedies for default against LESSOR unless and until LESSOR has failed to cure the breach within the time periods provided in this Paragraph. Notwithstanding the foregoing to the contrary, it shall be a default under this Agreement if LESSOR fails, within five (5) days after receipt of written notice of such breach, to perform an obligation required to be performed by 10 LESSOR if the failure to perform such an obligation interferes with LESSEE ability to conduct its business on the Property; provided, however, that if the nature of LESSOR's obligation is such that more than five (5) days after such notice is reasonably required for its performance, then it shall not be a default under this Agreement if performance is commenced within such five (5) day period and thereafter diligently pursued to completion. Jul REMEDIES. The parties shall be entitled to the application of all appropriate remedies available to them under state and federal law in the enforcement of this Agreement, In the event of a default by either Party with respect to a material provision of this Agreement, without limiting the non -defaulting Party in the exercise of any right or remedy which the non - defaulting Party may have by reason of such default, the non -defaulting Party may also terminate the Agreement; provided, however, LESSOR shall use reasonable efforts to mitigate its damages in connection with a default by LESSEE. 31. ENVIRONMENTAL. a. LESSOR will be responsible for atl obligations of 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 conditions or concerns as may now or at any time hereafter be in effect, that are or were in any way related to activity now conducted in, on, or in any way related to the Property, unless such conditions or concerns are caused by the specific activities of LESSEE in the Premises. b. LESSOR shall hold LESSEE harmless and indemnify LESSEE from and assume all duties, responsibility and liability at LESSOR'S sole cost and expense, for all duties, responsibilities, and liability (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 in any way related to: a) 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 concerns or conditions as may now or at any time hereafter be in effect, unless such non- compliance results from conditions caused by LESSEE; and b) any environmental or industrial hygiene conditions arising out of or in any way related to the condition of the Property or activities conducted thereon, unless such environmental conditions are caused by LESSEE. 32. CASUALTY. In the event of damage by fire or other casualty to the Premises that cannot zeasonably be expected to be repaired within forty-five {45) days following same or, if the Property is damaged by fire or other casualty so that such damage may reasonably be expected to disrupt LESSEE's operations at the Premises for more than forty-five (45) days, then LESSEE may, at any time following such fire or other casualty, provided LESSOR has not completed the restoration required to permit LESSEE to resume its operation at the Premises, terminate this Agreement upon fifteen (15) days prior written notice to LESSOR. Any such notice of termination shall cause this Agreement to expire with the same force and effect as though the 11 date set forth in such notice were the date originally set as the expiration date of this Agreement and the Parties shall make an appropriate adjustment, as of such termination date, with respect to payments due to the other under this Agreement, Notwithstanding the foregoing, the rent shall abate during the period of repair following such fire or other casualty in proportion to the degree to which LESSEE's use of the Premises is impaired. 33. CONDEMNATION. In the event of any condemnation of all or any portion of the Property, this Agreement shall terminate as to the part so taken as of the date the condemning authority takes title or possession, whichever occurs first. If as a result of a partial condemnation of the Premises or Property, LESSEE, in LESSEE's sole discretion, is unable to use the Premises for the purposes intended hereunder, or if such condemnation may reasonably be expected to disrupt LESSEE's operations at the Premises for more than forty-five (45) days, LESSEE may, at LESSEE's option, to be exercised in writing within fifteen (15) days after LESSOR shall have given LESSEE written notice of such taking (or in the absence of such notice, within fifteen (15) days after the condemning authority shall have taken possession) terminate this Agreement as of the date the condemning authority takes such possession. LESSEE may on its own behalf make a claim in any condemnation proceeding involving the Premises for losses related to the equipment, conduits, fixtures, its relocation costs and its damages and losses (but not for the loss of its leasehold interest). Any such notice of termination shall cause this Agreement to expire with the same force and effect as though the date set forth in such notice were the date originally set as the expiration date of this Agreement and the Parties shall make an appropriate adjustment as of such termination date with respect to payments due to the other under this Agreement. If LESSEE does not terminate this Agreement in accordance with the foregoing, this Agreement shall remain in full force and effect as to the portion of the Premises remaining, except that the rent shall be reduced in the same proportion as the rentable area of the Premises taken bears to the total rentable area of the Premises. In the event that this Agreement is not terminated by reason of such condemnation, LESSOR shall promptly repair any damage to the Premises caused by such condemning authority. 34. SUBMISSION OF AGREEMENT/PARTIAL INVALIDITY/AUTHORITY. The submission of this Agreement for examination does not constihtte an offer to tease the Premises and this Agreement becomes effective only upon the full execution of this Agreement by the P ilies. If any provision herein is invalid, it shall be considered deleted from this Agreement and shall not invalidate the remaining provisions of this Agreement to the extent equitable. Each of the Parties hereto warrants to the other that the person or persons executing this Agreement on behalf of such Party has the full right, power and authority to enter into and execute this Agreement on such Partys behalf and that no consent from any other person or entity is necessary as a condition precedent to the legal effect of this Agreement. 35. APPLICABLE LAWS. During the Term, LESSOR shall maintain the Property in compliance with ail applicable laws, rules, regulations, ordinances, directives, covenants, easements, zoning and land use regulations, and restrictions of record, permits, building codes, and the requirements of any applicable fire insurance underwriter or rating bureau, now in effect or which may hereafter come into effect (including, without limitation, the Americans with Disabilities Act and laws regulating hazardous substances) (collectively "Laws"). LESSEE shall, 12 in respect to the condition of the Premises and at LESSEE's sole cast and expense, complywith {a) all Laws relating solely to LESSEE's specific and unique nature of use of the Premises (other than general office use); and (b) all building codes requiring modifications to the Premises due to the improvements being made by LESSEE in the Premises. 36. SURVIVAL. The provisions of the Agreement relating to indemnification from one Party to the other Party shall survive any termination or expiration of this Agreement. Additionally, any provisions of this Agreement which require performance subsequent to the termination or expiration of this Agreement shall also survive such termination or expiration. 37. CAPTIONS. The captions contained in this Agreement aze inserted for convenience only and are not intended to be part of the Agreement. They shall not affect or be utilized in the construction or interpretation of the Agreement. 38. LESSOR USAGE OF TOWER. LESSEE intends Eo consintct install and operate a communications tower on the Premises ("Tower") in connection with LESSEE's permitted use under this Agreement. As partial consideration for leasing the tower site, LESSOR shall be entitled to utilize one (1) position on the Tower, located at a mutually agreeable antenna centerline, for LESSOWs use only, to collocate communication system antennae for public use ("LESSOR's Public Equipment") provided that said use does not interfere with permitted use of the Tower and Premises by LESSEE. LESSOR shall obtain, at Lessor's expense, all necessary permits or licenses required to install LESSOR's Public Equipment. The installation of LESSOR's equipment is also contingent upon a determination that Lessor's proposed installation passes a structural analysis. If the specifications for LESSOWs Public Equipment are not provided within thirty (30) days of the full execution of this Agreement, then prior to any future installation of LESSOR's Public Equipment, at LESSEE's discretion, LESSEE may require that LESSOR conduct a structural analysis of the tower to provide proof that the installation of LESSOR's Public Equipment shall not compromise the structural integrity of the tower. If necessary, LESSEE agrees to reasonably cooperate with LESSOR in obtaining any required permits, licenses or reports for the installation of LESSOR's Public Equipment. LESSOR's Public Equipment shall be purchased, installed and maintained at the expense of LESSOR and shall be kept and maintained by LESSOR in good repair in compliance with all applicable rules and regulations. Any fixtures, structures or other improvements installed by LESSOR may be placed only with the express written approval of LESSEE, which shall not be unreasonably withheld. The installation of LESSOR's Public Equipment shall be conducted at LESSOR's expense. LESSOR agrees that all construction, maintenance, removal or alteration of LESSOWs Public Equipment shall be coordinated with and approved by LESSEE. LESSOR's Public Equipment shall remain the property of LESSOR, LESSEE shall not charge LESSOR any rental amount during any Term of this Lease for the collocation of LESSOR's Public Equipment on the support structure. 39. CONVEYANCE OF TOWER TO LESSOR, 1n the event of termination of this Agreement after the Tower is installed and pursuant to Pazagraphs 4, 8 or 13 of this Agreement, LESSOR may elect to take ownership of the Tower by providing written notice within thirty (30) days of receipt of notice from LESSEE of LESSEE's election to terminate the Agreement, After tg receipt of notice by LESSEE of LESSOR's election to take ownership of the Tower and within ninety (90) days of the termination of this Agreement. LESSEE shall transfer clear and merchantable title to the LESSOR, free and clear of all liens, security interests and mortgages. LESSEE shall deliver an executed bill of sale to the LESSOR transferring title to the Tower to LESSOR. (Signature page foi[ows) I4 IN WITNESS WHEREOF, the Parties hereto have set their hands and affixed their respective seals the day and year first above written, LESSOR: City of McHenry Name : Susan E. Low Tts: �MaX-o�r Date: _�3 .3 O4 LESSEE: Chicago SMSA Limited Partnership, d/b/a Verizon Wireless By: Cellco Partnership, its General 15 ►,' ` 1IMILLLLIQ Monday, August 27, 2012 Alderman Conference Room, 6@00 p.m. In Attendance: Committee Members: Chairman Alderman Wimmer, Alderman Blake and Alderman Schaefer. Absent: None. Also in Attendance: Mayor Low, City Administrator Morefield, Deputy City Administrator Martin, Finance and Accounting Manager Lynch and City Clerk Jones. Alderman Santi arrived at 6:15 p.m. Alderman Condon arrived at 6:30 p.m. Chairman Alderman Wimmer called the meeting to order at 6:00 p.m. Discussion Regarding Cellular Antennae Lease Buyout Offer 4225 Sioux Lane and 1415 Industrial Drive Deputy City Administrator Martin informed the Committee that Staff has received three written offers to purchase easements and rights to the City's three cellular leases: AT&T (New Cingular)s I?] U.S. Cellular; and 0 T-Mobile at the Sioux Lane Water Tower, 4225 Sioux Lane, as well as the land lease with Verizon, which has a monopole tower at the public works garage located at 1415 Industrial Drive. Alderman Santi arrived at 6*05 pm. Deputy City Administrator Martin informed the Committee that the City owns the water tower on Sioux Lane and three companies lease ground space and tower space from the City. All equipment is owned by each respective lessee. Unison, Crown Castle and Communications Capital are seeking to purchase an easement to access the property and water tower on Sioux Lane, as well as an easement to access the Verizon monopole site at the public works garage. Deputy City Administrator Martin noted the City is solely the landowner at the public works garage property, but has no ownership rights to the tower. Over the last 20 years the market for Internet, cellular phone and other wireless services has shrunk due to mergers and acquisitions {i.e., AT&T Cingular). Wireless companies are consolidating sites and terminating redundant leases seeking other ways to reduce costs and remain competitive. The four major companies in the industry are AT&T, Sprint-Nextel, T- Mobile, and Verizon. Sprint-Nextel is the only company of the four which is not on either the Sioux Lane Tower or the Verizon monopole at the public works garage. The three companies which have submitted proposals are primarily looking to capture and control long-term financial revenue in the form of purchased "umbrella" easement rights and assignments of existing leases. These companies concentrate on the purchases of public and private leases on a nationwide basis. Deputy City Administrator Martin noted that should a sale be finalized, the City would still retain control and ownership over the actual water tower and surrounding property. Deputy City Administrator Martin provided the Committee members with a financial summary of the City's existing leases, including rent paid to date, together with future anticipated rent payments with calculations included regarding individual agreements. The figures are based upon all the carriers exercising their options to extend the leases, which are typically five -years at a time, up to a total of 29-30 years. The summaries included how many years future rent the (ump sum offer is equivalent to, percentage rent split between the City and company should additional tenants seek to locate at either the Sioux Lane site or Industrial Drive monopole site and forfeited rent for the life of the leases should the City accept an offer. Deputy City Administrator Martin presented some pros and cons to entering into this type of agreement with a third party. • The City would lose some revenue if all the leases extend to their full term; • Conversely, a lump sum payment of several hundred thousand dollars could be used to assist in current and/or future capital projects. • Many cellular companies are seeking rent reductions, so the City's projected future revenue could be reduced. • Entering into this type of agreement adds an additional layer of bureaucracy. • Future mergers could reduce the City's revenue intake. Deputy City Administrator Martin informed the Committee that each of the offers contains similar provisions, including additional land area requests for potential future tenants. Staff is seeking direction from the Committee regarding whether to pursue these offers further, noting several bargaining points can be made by Staff to make the offers more appealing to the City. If the Finance and Personnel Committee directs Staff to explore the requests in greater detail, Staff requests a motion to authorize Staff to work with representatives from the companies interested in purchasing the cellular leases at 4225 Sioux Lane and/or 1415 Industrial Drive and directions regarding whether to provide lease agreements at a future Finance and Personnel Committing meeting or directly to City Council. Alternatively, Deputy City Administrator Martin stated the Committee could elect not to pursue any of the attached offers further. Responding to an inquiry from Alderman Schaefer, Deputy City Administrator Martin stated that engineers have advised that structurally there should not be any additional tenants on the tower. Chairman Alderman Wimmer opined he is more comfortable waiting to see if the companies might be willing to make an offer more advantageous to the City regarding the leases. Following a brief discussion, it was the consensus of the Committee to elect not to pursue any A the offers further at this time.