TOWN OF NORMAL CITY HALL NORMAL, ILLINOIS PHONE: 454-2444
AMENDED PROPOSED AGENDA FOR TOWN COUNCIL MEETING June 4, 2012 7:00 p.m.
1. Call to Order
2. Roll Call
3. Pledge of Allegiance
4. OMNIBUS VOTE AGENDA (All items under the Omnibus Vote Agenda are considered to be routine in nature and will be enacted by one motion. There will be no separate discussions of these items unless a Council Member so requests, in which event, the item will be removed from the Omnibus Vote Agenda and considered as the first item after approval of the Omnibus Vote Agenda.)
A. Approval of the Minutes of the Public Hearing of May 21, 2012 Approval of the Minutes of the Regular Meeting of May 21, 2012
B. Approval of Town of Normal Expenditures for Payment as of May 30, 2012
C. Resolution Supporting Governmental Self-Insurance Pooling and in Opposition to Non- Productive Legislative Restraints
D. Resolution Authorizing the City Manager to Negotiate and Enter into an Agreement with Busey Bank for ATM Services at Uptown Station
E. Resolution Authorizing the Execution of an Agreement for Technical Planning Services with the McLean County Regional Planning Commission
F. Resolution Authorizing a Lease Agreement with Subway Real Estate, LLC for Premises Located at 11 Uptown Circle, Suite 100 in Uptown Station
G. Resolution Authorizing an Easement Grant with William and Janet Streenz Related to the Constitution Trail Relocation Project
H. Resolution Authorizing an Easement Grant with Roger and Sherrillyn Taylor Related to the Constitution Trail Relocation Project on the Property Located at 117 and 119 East Beaufort Street
I. Resolution Conditionally and Partially Approving the final Development Plan for the Villas at Mercy Creek Final Development Plan in the Town of Normal
J. Ordinances Establishing Prevailing Wage Rates
5. ITEMS REMOVED FROM OMNIBUS VOTE AGENDA
GENERAL ORDERS
6. Motion to Designate Recycling Center Drop Off Center Locations
NEW BUSINESS
None
CONCERNS
ADJOURNMENT
Omnibus Vote
MINUTES OF THE REGULAR MEETING OF THE NORMAL TOWN COUNCIL HELD IN THE COUNCIL CHAMBERS, NORMAL CITY HALL, 100 EAST PHOENIX AVENUE, NORMAL, MCLEAN COUNTY, ILLINOIS – MONDAY, MAY 21, 2012.
1. CALL TO ORDER:
Mayor Chris Koos called the Regular Meeting of the Normal Town Council to order at 7:01 p.m., Monday, May 21, 2012.
2. ROLL CALL:
The Clerk called the roll with the following persons physically PRESENT: Mayor Chris Koos and Councilmembers Sonja Reece, Adam Nielsen, Jeff Fritzen, Chuck Scott, Jason Chambers, and Cheryl Gaines. Also present were City Manager Mark Peterson, Deputy City Manager Pamela Reece, Corporation Counsel Steve Mahrt and Town Clerk Wendy Briggs. ABSENT: None.
3. PLEDGE OF ALLEGIANCE:
Mayor Koos led the Pledge of Allegiance to the Flag.
4. OMNIBUS VOTE AGENDA:
Mayor Koos excused himself from voting on any bills he may have incurred while performing his Mayoral duties. Councilmember Reece excused herself from voting on any bills submitted by Advocate BroMenn Healthcare or any expenses she may have incurred while performing Council duties. Councilmember Fritzen excused himself from voting on any bills submitted by Bloomington Offset Process, Inc.
Items H, I, M, and O were removed from the Omnibus Vote Agenda.
MOTION:
Councilmember Fritzen moved, seconded by Councilmember Gaines, the Council Approve the Omnibus Vote Agenda.
AYES: Reece, Nielsen, Fritzen, Scott, Chambers, Gaines, Koos. NAYS: None. Motion declared carried.
A. APPROVAL OF THE MINUTES OF THE PUBLIC HEARING OF MAY 7, 2012 PERTAINING TO A PROPOSED AMENDED ANNEXATION AGREEMENT: Omnibus Vote. APPROVAL OF THE MINUTES OF THE PUBLIC HEARING OF MAY 7, 2012 PERTAINING TO COMCAST CABLE RATES: Omnibus Vote. APPROVAL OF THE MINUTES OF THE REGULAR MEETING OF MAY 7, 2012: Omnibus Vote.
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B. APPROVAL OF TOWN OF NORMAL EXPENDITURES FOR PAYMENT AS OF MAY 16, 2012: Omnibus Vote.
C. MOTION TO AWARD THE BID FOR A SINGLE-AXLE DUMP TRUCK FOR THE WATER DEPARTMENT TO MCLEAN COUNTY TRUCK CO. AT A NET COST OF $74,502: Omnibus Vote.
D. MOTION TO AWARD THE BID FOR CONCRETE TO THE LOW BIDDER, STARK MATERIALS, COMPANY, INC., OF BLOOMINGTON, ILLINOIS, AT A PRICE PER CUBIC YARD PRICE OF $84.75 FOR HIGH EARLY MIX AND $82.75 FOR S.I. MIX: Omnibus Vote.
E. MOTION TO AWARD A BID TO DIAMOND VOGEL PAINTS OF BLOOMINGTON, IL, FOR THE PURCHASE OF PAVEMENT PAINT AND BEADS FOR AN ESTIMATED TOTAL OF $53,103.50: Omnibus Vote.
F. MOTION TO WAIVE THE FORMAL BIDDING PROCESS AND TO ACCEPT A PROPOSAL FROM LANDSCAPE FORMS, INC, (KALAMAZOO, MI) TO SUPPLY EXTERIOR BENCHES AND TRASH RECEPTACLES FOR THE UPTOWN STATION AND EXISTING CITY HALL BUILDING IN THE AMOUNT OF $52,990 AND APPROPRIATING AN ASSOCIATED AMOUNT FROM PROJECT CONTINGENCY FUNDS: Omnibus Vote.
G. RESOLUTION AUTHORIZING THE EXECUTION OF A FIVE-YEAR CONTRACT WITH PEPSI BEVERAGES COMPANY OF MORTON, IL, FOR THE EXCLUSIVE POURING RIGHTS AT ALL PARKS & RECREATION CONCESSION FACILITIES: Resolution No. 4760: Omnibus Vote.
J. RESOLUTION AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH FRONTIER FOR LEASE LINES AND LONG-DISTANCE SERVICES: Resolution No. 4761: Omnibus Vote.
K. RESOLUTION AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH HEARTLAND COMMUNITY COLLEGE (HCC) FOR THE TOWN TO PROVIDE SUPERVISED CLINICAL RIDE TIME WITH NORMAL FIRE DEPARTMENT PARAMEDICS FOR HCC EMT-BASIC/EMT-PARAMEDIC STUDENTS: Resolution No. 4762: Omnibus Vote.
L. RESOLUTION APPROVING A WAIVER FROM THE UPTOWN DESIGN REVIEW CODE, CHAPTER 15, DIVISION 17, FOR SIGNS ABOVE THE FIRST FLOOR AND INTERNALLY LIT SIGNS AT 11 UPTOWN CIRCLE (UPTOWN STATION): Resolution No. 4763: Omnibus Vote.
N. RESOLUTION VACATING UTILITY AND SEWER EASEMENTS IN LOT 1 OF THE BRADFORD-RAAB SUBDIVISION: Resolution No. 4764: Omnibus Vote.
P. ORDINANCE AMENDING THE SIGN CODE (CHAPTER 15, DIVISION 13): Ordinance No. 5440: Omnibus Vote.
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5. ITEMS REMOVED FROM OMNIBUS VOTE AGENDA:
H. RESOLUTION APPROVING THE SELECTION OF AND AUTHORIZING STAFF TO EXECUTE A CONTRACT WITH FOUR WINDS INTERACTIVE, INC., FOR AN ELECTRONIC DIRECTORY KIOSK SYSTEM IN THE UPTOWN STATION IN THE AMOUNT OF $34,324.50 AND APPROVING AN ASSOCIATED AMOUNT FROM PROJECT CONTINGENCY FUNDS: Resolution No. 4765:
MOTION:
Councilmember Reece moved, seconded by Councilmember Scott, the Council Adopt a Resolution Approving the Selection of and Authorizing Staff to Execute a Contract with Four Winds Interactive, Inc., for an Electronic Directory Kiosk System in the Uptown Station in the Amount of $34,324.50 and Approving an Associated Amount from Project Contingency Funds.
Councilmember Reece posed questions for clarification purposes, specifically who would be responsible for determining what businesses would be listed on the sign and how often the sign would be changed. Uptown Director Wayne Aldrich responded the details were still in process of being worked out, indicating the signs would start out containing basic information and more information could be added from time to time. City Manager Mark Peterson indicated the key to the kiosk would be to keep it well maintained. Councilmember Gaines indicated she would like to see the kiosk connected with the airport schedules to better serve the travelers in Uptown Station.
AYES: Nielsen, Fritzen, Scott, Chambers, Gaines, Reece, Koos. NAYS: None. Motion declared carried.
I. RESOLUTION AUTHORIZING THE EXECUTION OF A CONTRACT WITH STARK EXCAVATING, INC., FOR THE CONSTITUTION TRAIL RELOCATION PROJECT IN THE AMOUNT OF $213,461.50: Resolution No. 4766:
MOTION:
Councilmember Nielsen moved, seconded by Councilmember Fritzen, the Council Adopt a Resolution Authorizing the Execution of a Contract with Stark Excavating, Inc., for the Constitution Trail Relocation Project in the Amount of $213,461.50.
Councilmember Nielsen indicated it was good to see the bid come in below the Engineer’s estimate and questioned the actual trail re-alignment. Uptown Director Wayne Aldrich explained the re-alignment would be located along the North side of Parkinson to Linden Street, cross the tracks at Linden Street, then
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immediately turn left along the railroad right-of-way until directly behind the Children’s Discovery Museum to the Gateway Plaza.
AYES: Fritzen, Scott, Chambers, Gaines, Reece, Nielsen, Koos. NAYS: None. Motion declared carried.
M. RESOLUTION APPROVING A WAIVER FROM THE UPTOWN DESIGN REVIEW CODE, CHAPTER 15, DIVISION 17, FOR THE USE OF EIFS AT 200 S. LINDEN (BUDGET LIQUOR): Resolution No. 4767:
MOTION:
Councilmember Gaines moved, seconded by Councilmember Chambers, the Council Adopt a Resolution Approving a Waiver from the Uptown Design Review Code, Chapter 15, Division 17, for the Use of EIFS at 200 S. Linden Street (Budget Liquor).
Councilmember Gaines questioned if there was any way to enhance the appearance of the building. Town Planner Mercy Davison responded there was extra trim around the windows that will “dress-up” the building, as well as there will be considerably more landscaping around the building.
AYES: Scott, Chambers, Reece, Nielsen, Fritzen, Koos. NAYS: Gaines. Motion declared carried.
O. ORDINANCE AMENDING DIVISION 6 OF CHAPTER 17 OF THE MUNICIPAL CODE – UPTOWN STATION CODE OF CONDUCT: Ordinance No. 5441:
MOTION:
Councilmember Gaines moved, seconded by Councilmember Scott, the Council Approve an Ordinance Amending Division 6 of Chapter 17 of the Municipal Code – Uptown Station Code of Conduct.
Councilmember Gaines posed questions for clarification purposes, which questions were responded to by City Manager Mark Peterson. Councilmember Gaines suggested an ordinance be approved dealing with pan-handling in the Uptown Normal area.
AYES: Chambers, Gaines, Reece, Nielsen, Fritzen, Scott, Koos. NAYS: None. Motion declared carried.
GENERAL ORDERS
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6. RESOLUTION AUTHORIZING THE EXECUTION OF AN AMENDED AND RE- STATED PRE-ANNEXATION AGREEMENT – NUSSBAUM PROPERTIES, INC. (1425 EAST ROAD, HUDSON, IL): Resolution No. 4768:
MOTION:
Councilmember Chambers moved, seconded by Councilmember Reece, the Council Adopt a Resolution Authorizing the Execution of an Amended and Re-Stated Pre- Annexation Agreement – Nussbaum Properties, Inc. – 1425 East Road, Hudson, Illinois.
Councilmember Gaines questioned the development “grade” determined by the Regional Planning Commission. Town Planner Mercy Davison explained the components used when the Regional Planning Commission assigns a grade to developments.
AYES: Gaines, Reece, Nielsen, Fritzen, Scott, Chambers, Koos. NAYS: None. Motion declared carried.
7. MOTION TO RECEIVE A REPORT AND AUTHORIZE THE CITY MANAGER TO IMPLEMENT PARKING POLICIES RELATED TO THE UPTOWN STATION PARKING DECK, PARKINSON LOT, AND COLLEGE AVENUE PARKING DECK:
MOTION:
Councilmember Fritzen moved, seconded by Councilmember Reece, the Council Receive a Report and Authorize the City Manager to Implement Parking Policies Related to the Uptown Station Parking Deck, the Parkinson Lot, and the College Avenue Parking Deck.
Mayor Koos explained the basic changes to the parking in Uptown Normal, including the fact the Parkinson Lot will have a three-hour time limit for the free parking. City Manager Mark Peterson explained there will be a grace period before issuing tickets in the Parkinson Lot, as well as an extensive surge to educate the community on the new parking rules in Uptown Normal for both surface and deck parking. City Manager Mark Peterson also explained the alternatives for long-term Amtrak parking.
Councilmember Gaines indicated the fees for parking in the parking deck in Downtown Bloomington was increasing to $50 per month. Councilmember Nielsen suggested working something out with the Children’s Discovery Museum to provide parking for museum patrons for longer than the one-hour free parking allotted to all users of the Uptown Station parking deck.
Considerable Council discussion ensued. By general consensus, the Council agreed to continue the discounted rate currently being offered to Uptown business owners and employees be continued for an additional eighteen months.
AYES: Reece, Nielsen, Fritzen, Scott, Chambers, Gaines, Koos. NAYS: None. Motion declared carried.
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NEW BUSINESS
8. MOTION TO APPROVE A REAPPOINTMENT TO THE CHILDREN’S DISCOVERY MUSEUM FOUNDATION BOARD AND AN APPOINTMENT TO THE NORMAL PLANNING COMMISSION:
MOTION:
Councilmember Reece moved, seconded by Councilmember Chambers, the Council Approve a Reappointment to the Children’s Discovery Museum Foundation Board and an Appointment to the Normal Planning Commission.
AYES: Nielsen, Fritzen, Scott, Chambers, Gaines, Reece, Koos. NAYS: None. Motion declared carried.
Councilmember Reece announced Mr. A.J. Zimmerman had been appointed to the Normal Planning Commission to fill the vacancy created by the recent resignation of Ms. Jill Hutchison, his term of office to expire March 15, 2015, and Mr. Larry Nolan had been reappointed to the Children’s Discovery Museum Board, his term of office to expire June 30, 2015.
9. CONCERNS:
1. COUNCIL MEETING IN UPTOWN STATION:
City Manager Mark Peterson announced the first Council meeting in Uptown Station is tentatively scheduled to be July 2, 2012.
2. BIKE SUMMIT:
City Manager Mark Peterson announced Normal is hosting a bicycle summit on Wednesday, May 23, 2012.
3. DISCOVERY CHANNEL:
City Manager Mark Peterson announced a filming group from the Discovery Channel was in Normal filming a special on EV Towns. Councilmember Gaines announced former Normal Mayor Carol Reitan had taken possession of an EV vehicle from Mitsubishi and was enjoying driving around the community in her new electronic vehicle.
10. ADJOURNMENT:
There being no further business to come before the Council, Mayor Koos called for a Motion to Adjourn.
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MOTION:
Councilmember Gaines moved, seconded by Councilmember Scott, the Regular Meeting of the Normal Town Council be Adjourned.
AYES: Fritzen, Scott, Chambers, Gaines, Reece, Nielsen, Koos. NAYS: None. Motion declared carried.
Mayor Koos adjourned the Regular Meeting of the Normal Town Council at 7:57 p.m., Monday, May 21, 2012.
MINUTES OF A PUBLIC HEARING CONDUCTED IN THE COUNCIL CHAMBERS, CITY HALL, 100 EAST PHOENIX AVENUE, NORMAL, MCLEAN COUNTY, ILLINOIS, MONDAY, MAY 21, 2012 – PROPOSED AMENDED PRE-ANNEXATION AGREEMENT PERTAINING TO A 20+/- ACRE TRACT LOCATED AT 1425 EAST ROAD, HUDSON, IL - NUSSBAUM
1. CALL TO ORDER:
Mayor Chris Koos called the public hearing to order at 7:00 p.m., Monday, May 21, 2012.
2. ROLL CALL:
The Clerk called the roll with the following persons physically PRESENT: Mayor Chris Koos and Councilmembers Sonja Reece, Adam Nielsen, Jeff Fritzen, Chuck Scott, Jason Chambers, and Cheryl Gaines. ABSENT: None.
3. NOTICE OF PUBLICATION:
Mayor Koos stated the Public Notice was published in The Normalite on April 26, 2012.
4. COMMENTS FROM THE PUBLIC:
Mayor Koos announced the Council would receive comments from the public regarding the proposed Amended Pre-Annexation Agreement.
Mayor Koos called for comments from the public; there were none.
Mayor Koos issued the second call for comments from the public; there were none.
Mayor Koos issued the third and final call for comments from the public; there were none.
5. ADJOURNMENT:
MOTION:
Councilmember Reece moved, seconded by Councilmember Gaines, the public hearing be adjourned.
AYES: Reece, Nielsen, Fritzen, Scott, Chambers, Gaines, Koos. NAYS: None. Motion declared carried.
Mayor Koos adjourned the public hearing at 7:01 p.m., Monday, May 21, 2012.
Town of Normal Expenditures to be Approved for Payment as of: May 30, 2012 Page 1
Vendor Name Description Transaction Amount General Fund JOEL DICKERSON START UP CASH $1,534.00 EVERGREEN FS INC. DIESEL FUEL $25,859.23 ILLICO INC UNLEADED FUEL $25,769.42 ONSRUD, CRAIG PRO SHOP INV PMT 4/29-5/1 $2,396.12 ONSRUD, CRAIG PRO SHOP TAX PMT 4/29-5/1 $186.29 B-N PUBLIC TRANSIT SYSTEM TRANSIT SALES $764.00 General Fund Total $56,509.06 General Fund Administration - City Mgr Uptown Project SHERWIN WILLIAMS FKA MAB PAINTS PAINT $114.28 General Fund Administration - City Mgr Uptown Project Total $114.28 General Fund Administration - City Mgr Boards & Commissions African American Forum JUNETEENTH SPONSORSHIP $150.00 General Fund Administration - City Mgr Boards & Commissions Total $150.00 General Fund Administration - City Mgr General Expense Dept. T/N PETTY CASH-FINANCE DEPT U.W.PAYROLL LOTTERY PRIZE $20.00 T/N PETTY CASH-FINANCE DEPT U.W.PAYROLL LOTTERY PRIZE $20.00 SUNRISE TENTS 40X60 TENT RENTAL $750.00 BRISKET INC FOOD FOR EMP LUNCHEON $2,299.44 MUNICIPAL INS COOPERATIVE AGENCY MICA DEDUCTIBLE STATEMENT $2,082.43 ARTEZEN DEPOSIT - NORMAL NEWSLINE $750.00 T/N PETTY CASH-FINANCE DEPT GOVERNMENT DAY REFRESHMEN $42.32 CONTEMPORARY PRINTED PRODUCTS, INC LOGO ITEMS $292.89 CONTEMPORARY PRINTED PRODUCTS, INC COMBS,TAPE MEASURES,FANS $1,369.08 BUSINESS BUILDERS CREATIVE/CONSULTATIVE SER $7,309.25 KURT'S AUTOBODY REPAIR SHOP INC SQUAD REPAIR $2,657.82 Amanda Sullivan TOWING FEE REIMBURSEMENT- $60.00 ALICE ENGLEBRETSEM FACILITY DEPOSIT REFUND $100.00 General Fund Administration - City Mgr General Expense Dept. Total $17,753.23 General Fund Town Clerk Administration NORMALITE NORMALITE $1,640.00 T/N PETTY CASH-FINANCE DEPT LEUTY FLOWERS $37.70 General Fund Town Clerk Administration Total $1,677.70 General Fund Corporation Counsel Administration AMERICAN BAR ASSOCIATION MAHRT 00944394 $293.00 AMERICAN BAR ASSOCIATION KARPLUS 00976823 $225.00 General Fund Corporation Counsel Administration Total $518.00 General Fund Facility Management Administration AMEREN ENERGY MARKETING ENERGY,MISO,RPS,DELIVERY $3,972.95 CORN BELT ENERGY CORP WATER TOWER 2280800 $55.38 AMERENIP EV CHARGER $73.77 AMEREN ENERGY MARKETING ENERGY,MISO,RPS,DELIVERY $155.33 SUPER SIGN SERVICE MARIOTT HOTEL PLAQUES $750.00 SHERWIN-WILLIAMS CO PAINT $81.39 SHERWIN-WILLIAMS CO PAINT SUPPLIES $29.18 G & B MECHANICAL NORMAL THEATER MAINT CONT $933.63 G & B MECHANICAL MAINTENANCE AT THEATRE $393.74 BATTERIES PLUS BATTERIES $159.98 BATTERIES PLUS BATTERIES $79.99 AUTOMATIC FIRE SPRINKLER, LLC TEST & INSPECTION $190.00 AUTOMATIC FIRE SPRINKLER, LLC TEST & INSPECTION $400.00 AUTOMATIC FIRE SPRINKLER, LLC TEST & INSPECTION $190.00 G & B MECHANICAL REPAIR CHILLER CIRCUITS $676.92 AZ COMMERCIAL WIPER BLADES $45.98 F.E. MORAN INC FUNCTION TEST $456.00 F.E. MORAN INC FUNCTION TEST $144.00 F.E. MORAN INC FUNCTION TEST $165.00 F.E. MORAN INC FUNCTION TEST $30.00 F.E. MORAN INC FUNCTION TEST $30.00 BILL'S KEY & LOCK SHOP KEYS $44.79 GETZ FIRE EQUIPMENT MEDICAL SUPPLIES $77.95 NYBAKKE VACUUM SHOP INC NEW CLEANERS & BAGS $282.99 General Fund Facility Management Administration Total $9,418.97 Town of Normal Expenditures to be Approved for Payment as of: May 30, 2012 Page 2
Vendor Name Description Transaction Amount General Fund Finance College Ave Parking Deck AMEREN ENERGY MARKETING ENERGY,MISO,RPS,DELIVERY $2,694.81 General Fund Finance College Ave Parking Deck Total $2,694.81 General Fund Finance Beaufort St. Deck Parking AMEREN ENERGY MARKETING ENERGY,MISO,RPS,DELIVERY $2,738.85 General Fund Finance Beaufort St. Deck Parking Total $2,738.85 General Fund Finance Financial Services MIDLAND PAPER PR COLORS $1,358.72 QUILL CORPORATION STAPLERS,FOLDERS $149.94 QUILL CORPORATION PENS,PENCILS,SHEARS $393.00 QUILL CORPORATION CHAIRMAT $74.99 W M PUTNAM COMPANY OFFICE SUPPLIES $64.80 W M PUTNAM COMPANY OFFICE SUPPLIES $276.90 W M PUTNAM COMPANY OFFICE SUPPLIES $74.33 QUILL CORPORATION STORAGE BOXES $1,229.76 General Fund Finance Financial Services Total $3,622.44 General Fund Information Technology Administration COMMUNICATION REVOLVING FUND COMMUNICATION CHARGES $1,116.48 VERIZON WIRELESS - PA FIRE CELL USAGE $341.78 INSIGHT PUBLIC SECTOR SYMANTEC PROTECTION SUITE $4,230.00 SENTINEL TECHNOLOGIES INC SMARTNET MAINT SERVICE $772.00 MCLEAN CO INFORMATION SERVICES COMMUNICATION CHARGES $219.35 BENTLEY SYSTEMS INC POWER GEOPAK LICENSE $1,660.00 FRONTIER OFF PREMISE EXTENSIONS $30.52 FRONTIER T1 TO COUNTY-MNTHLY $375.83 NEXTEL COMMUNICATIONS ACCT 183003087 MNTHLY CEL $9,682.30 FRONTIER ACCT 224-159-1007-051288- $7,461.64 MNJ TECHNOLOGIES DIRECT INC PRINTER SUPPLIES $643.63 SPRINGFIELD ELECTRIC CO CAT5 WIRE $266.98 SUNGARD PUBLIC SECTOR INC PAYROLL PROCESSING $2,400.00 GOVCONNECTION INC UPS & RACK ENCLOSURE $740.93 BENTLEY SYSTEMS INC POWER GEOPAK LICENSE $7,399.99 General Fund Information Technology Administration Total $37,341.43 General Fund Human Resources Administration BROMENN COMMUNITY WELLNESS APRIL 2012 WELLNESS FEE $4,553.00 WALMART COMMUNITY BRC WELLNESS SUPPLIES $222.33 BROMENN MEDICAL GROUP DRUG TEST $50.00 BROMENN MEDICAL GROUP HEP B TESTS $79.00 Robin Weaver MOVING EXPENSES REIMBURSE $6,277.44 RESOURCE MANAGEMENT ASSOCIATES POLICE SERGEANT EXAM $14,089.57 CAMPION,BARROW & ASSOCIATES PD RCT PERSONALITY TEST $9,575.00 BUTLER BENEFIT SERVICE INC ERRP ASSISTANCE $1,950.00 BROMENN MEDICAL GROUP EMPLOYEE PHYSICAL $581.00 T/N PETTY CASH-FINANCE DEPT MEAL EXPENSE BCBS $10.00 MARRIOTT BLOOMINGTON NORMAL HOTEL DINNER WITH CDM CANDIDATE $133.65 General Fund Human Resources Administration Total $37,520.99 General Fund Inspections Administration RED WING SHOE STORE SHOES $99.99 T/N PETTY CASH-FINANCE DEPT CONFERENCE MEAL EXPENSE $25.00 ISU Town/Gown TOWN & GOWN $80.00 General Fund Inspections Administration Total $204.99 General Fund Police Narcotics Enforcement U.S.BANK VICE RECORDERS/CAMERAS $1,960.43 IL STATE POLICE/ASSET SEIZURE FORFEITURE FUNDS-20113766 $597.00 General Fund Police Narcotics Enforcement Total $2,557.43 General Fund Police Administration RAY O'HERRON CO INC SHIRTS $98.23 RAY O'HERRON CO INC SHIRTS $49.95 RAY O'HERRON CO INC SHIRTS $51.14 RAY O'HERRON CO INC SHIRTS $44.95 RAY O'HERRON CO INC SHIRTS,PANTS $149.85 RAY O'HERRON CO INC PANTS $136.60 10-8 OUTFITTERS BOOTS $116.99 Town of Normal Expenditures to be Approved for Payment as of: May 30, 2012 Page 3
Vendor Name Description Transaction Amount 10-8 OUTFITTERS SHOES $98.99 U.S.BANK BATONS - 2 $94.64 10-8 OUTFITTERS SEW ON PATCHES $22.00 MCLEAN COUNTY TREASURER COMMUNICATIONS CENTER $67,566.83 STERICYCLE INC MONTHLY SERVICE $60.12 PURITAN SPRINGS WATER WATER $7.00 AMEREN ENERGY MARKETING ENERGY,MISO,RPS,DELIVERY $91.19 U.S.BANK CID BACKGROUND INFO $50.00 ILEAS 2012 ANNUAL MEMBERSHIP DU $100.00 P F PETTIBONE & COMPANY TICKETS $1,594.95 U.S.BANK STAFF & COMMAND TRNG. EXP $758.21 U.S.BANK TRAVEL/TRNG. EXPENSES $468.36 U.S.BANK TRAVEL/TRNG. EXPENSES $51.25 U.S.BANK TRAVEL/TRNG. EXPENSES $690.57 Officer Darren Wolters MEAL DURING OUT OF TOWN I $16.06 Officer Brian Larimore MEAL DURING OUT OF TOWN I $13.38 LANDMARK LAUNDRY LEASE AGREEMENT $1,350.00 INDOFF, INCORPORATED COMMUNITY POLICE SUPPLIES $374.11 ROBINSON REMODELING INC. COST OF CONCRETE PATIO $600.00 TWIN CITY AWARDS PLASTIC MAILBOX TAGS $99.00 Officer Shane Bachman K9 KENNEL SUPPLIES $36.61 General Fund Police Administration Total $74,790.98 General Fund Fire Foreign Fire Tax CENTAUR FLOOR SYSTEMS LLC FLOORING $1,231.00 EUODOO SALES & CONSULTING 10 PAIR DUMB BELLS $1,975.00 CENTAUR FLOOR SYSTEMS LLC RUBBERFLEX FLOORING $1,231.00 KOLDAIRE EQUIPMENT COMPANY GRIDDLE/CROCK POT $78.72 WALMART COMMUNITY BRC MAY 2012 STATEMENT $150.00 ACE HARDWARE APRIL FIRE STATEMENT $780.97 General Fund Fire Foreign Fire Tax Total $5,446.69 General Fund Fire Administration MUNICIPAL EMERGENCY SERVICES MEDICAL SUPPLIES $1,771.80 ROBERT SHUMAKER FF BOOTS $120.00 RAY O'HERRON CO INC FIRE SHOES $131.45 INNOTECH COMMUNICATIONS SIREN MAINTENANCE JAN-MAR $450.00 NATIONAL FIRE PROTECTION ASSOC MEMBERSHIP RENEWAL - CLER $165.00 AMEREN ENERGY MARKETING ENERGY,MISO,RPS,DELIVERY $1,397.19 COMCAST CORPORATION STATION 2 $7.96 COMCAST CORPORATION HDQTS $19.90 CORN BELT ENERGY CORP IRONWOOD SIREN $26.65 CORN BELT ENERGY CORP RAAB RD SIREN $32.14 CORN BELT ENERGY CORP W. COLLEGE SIREN $27.17 CORN BELT ENERGY CORP STATION 3 $709.59 CORN BELT ENERGY CORP PARKSIDE SIREN $28.95 CORN BELT ENERGY CORP CD SIREN $27.45 RANEY TERMITE CONTROL INC MONTHLY PEST CONTROL $100.50 AUTOMATIC FIRE SPRINKLER, LLC TEST & INSPECTION $225.00 CHAMBERS SERVICES INC OVEN REPAIRS $69.00 CENTRAL ILLINOIS TRUCKS INC TRANSMISSION SERVICE $249.72 SCBAS INC HOSE,ALARM,VALVE $365.53 GLOBAL EMERGENCY PRODUCTS INC FIRE TRUCK REPAIR $434.78 GLOBAL EMERGENCY PRODUCTS INC FIRE TRUCK REPAIR $257.37 SCBAS INC VALVE KIT $887.84 CENTRAL ILLINOIS TRUCKS INC MISC SUPPLIES $259.61 ENVIRONMENTAL SAFETY GROUP INC GAS MONITOR $137.11 SUPREME RADIO COMMUNICATIONS REPAIR RADIO SYSTEM $670.50 MISC FIRE DEPT SAW BLADE $295.19 WYNDHAM GLENVIEW SUITES HOTEL RESERVATIONS $470.40 WYNDHAM GLENVIEW SUITES HOTEL RESERVATIONS $470.40 WYNDHAM GLENVIEW SUITES HOTEL RESERVATIONS $470.40 WYNDHAM GLENVIEW SUITES HOTEL RESERVATIONS $470.40 TODD DENSLOW REIM MEALS $115.00 MARK COATS REIM MEALS $115.00 Town of Normal Expenditures to be Approved for Payment as of: May 30, 2012 Page 4
Vendor Name Description Transaction Amount UNIVERSITY OF ILLINOIS TRAINING $5,750.00 ROBERT FREITAG REIM/ADVANCE MEALS $420.00 MISC FIRE DEPT REGISTRATION FEE $80.00 CARLOS AGUILAR REIM MEALS $135.00 ADVOCATE BROMENN MEDICAL CENTER CPR CARDS $94.00 ADVOCATE BROMENN MEDICAL CENTER CPR CARDS $82.00 ACE HARDWARE APRIL FIRE STATEMENT $15.94 MEDLINE INDUSTRIES INC EXAM GLOVES,TOWELS $36.71 MEDLINE INDUSTRIES INC EXAM GLOVES,TOWELS $50.46 OSF MEDICAL GROUP APRIL 2012 MEDICINE $306.01 BIO-TRON INC PREVENTATIVE MAINTENANCE $875.00 MEDLINE INDUSTRIES INC EXAM GLOVES,TOWELS $199.62 MEDLINE INDUSTRIES INC EXAM GLOVES,TOWELS $75.27 MEDLINE INDUSTRIES INC EXAM GLOVES,TOWELS $68.77 ADVOCATE BROMENN MEDICAL CENTER PHARMACY CHARGES MAY 2012 $210.14 General Fund Fire Administration Total $19,377.92 General Fund Public Works Public Benefit F&W LAWN CARE & LANDSCAPING MOWING SERVICE $158.75 F&W LAWN CARE & LANDSCAPING MOWING SERVICE $282.50 F&W LAWN CARE & LANDSCAPING MOWING SERVICE $158.75 F&W LAWN CARE & LANDSCAPING MOWING SERVICE $117.50 F&W LAWN CARE & LANDSCAPING MOWING SERVICE $117.50 F&W LAWN CARE & LANDSCAPING MOWING SERVICE $117.50 F&W LAWN CARE & LANDSCAPING MOWING SERVICE $117.50 General Fund Public Works Public Benefit Total $1,070.00 General Fund Public Works Administration AMEREN ENERGY MARKETING ENERGY,MISO,RPS,DELIVERY $1,633.74 COMCAST CORPORATION CABLE SERVICE $7.76 General Fund Public Works Administration Total $1,641.50 General Fund Public Works Equipment Maintenance KEY EQUIPMENT & SUPPLY CO CARTRIDGE $213.05 BILL'S KEY & LOCK SHOP KEYS $5.66 MOTION INDUSTRIES INC FITTINGS,METRIC SEAL $59.35 DAVE GILL TRUCKS INC STEERING SELECTOR VALVE $667.13 NORTHERN SAFETY CO INC VINYL GLOVES $71.95 MENARDS ELECTRICAL TAPE $15.12 DENNISON CORPORATION LAMP $170.00 MOTION INDUSTRIES INC FITTINGS $12.89 MOTION INDUSTRIES INC FITTINGS $49.58 STEPHENS AUTO GLASS BACK WINDOW SEALANT $331.12 DENNISON CORPORATION RADIATOR $245.75 DENNISON CORPORATION V-BELT $23.23 MOTION INDUSTRIES INC HYDRANT HOSE ENDS $44.12 MOTION INDUSTRIES INC HOSE ASSEMBLY $57.35 CARQUEST AUTO PARTS OF BLM IL INC OIL FILTER $20.90 NAPA AUTO PARTS HYD SUPPORTS FOR TOOL BOX $57.82 ADVANCE AUTO PARTS MISCELLANEOUS AUTO PARTS $4.99 EVERGREEN FS INC. PUMP DIESEL FUEL $60.00 WHERRY MACHINE & WELDING INC STRAIGHTEN TARP FRAME $360.00 WHERRY MACHINE & WELDING INC REPAIR PINTLE HITCH $278.56 CARQUEST AUTO PARTS OF BLM IL INC CREDIT FOR STARTER ($64.00) CARQUEST AUTO PARTS OF BLM IL INC WHITE GREASE $7.22 CARQUEST AUTO PARTS OF BLM IL INC COUPLER PLUGS $31.70 FASTENAL COMPANY DRY GRAPHITE LUBE $30.55 CENTRAL ILLINOIS TRUCKS INC ENGINE REPAIRS ON ENG15 $300.57 KEY EQUIPMENT & SUPPLY CO ADAPTER,AIRTUBING $103.59 PRAIRIE ARCHWAY INT'L TRUCKS A/C REPAIRS $125.77 MORGAN DISTRIBUTING INC EXHAUST FLUID FOR DIESELS $294.63 KOENIG BODY & EQUIPMENT INC BEARING COVER ASSEMBLY $666.75 BARNES DISTRIBUTION BOLTS FOR SHOP $43.49 FASTENAL COMPANY METRIC BOLTS FOR SHOP $1.51 FASTENAL COMPANY WIRE FOR WELDER $64.94 FASTENAL COMPANY BOLTS FOR SHOP $1.04 Town of Normal Expenditures to be Approved for Payment as of: May 30, 2012 Page 5
Vendor Name Description Transaction Amount General Fund Public Works Equipment Maintenance Total $4,356.33 General Fund Public Works Waste Removal LEMBKE INC PAPER $1,800.00 LEMBKE INC PAPER $340.00 AMERICAN PEST CONTROL SERVICE AT MAIN & HOVEY $100.00 AMERICAN PEST CONTROL SERVICE AT RECYCLE CENTER $70.00 AMERICAN PEST CONTROL SERVICE FOR RODENTS $45.00 LEMBKE INC PAPER $552.50 J & R USED TIRE SERVICE TIRES $60.50 J & R USED TIRE SERVICE TIRES $47.50 ECOLOGY ACTION CENTER HAZARDOUS WASTE EVENT $25,000.00 UNITED STATES POSTAL SERVICE POSTAGE $3,642.55 General Fund Public Works Waste Removal Total $31,658.05 General Fund Public Works Streets HIGHWAY TECHNOLOGIES T-SHIRTS $73.00 CITY OF BLOOMINGTON PW TRAFFIC SIGNAL MAINT. $327.83 LAESCH ELECTRIC INC ELECTRICAL CONTRACTING $2,492.63 AMEREN ENERGY MARKETING ENERGY,MISO,RPS,DELIVERY $29,310.90 CORN BELT ENERGY CORP STREET LIGHTS $7,755.71 AMEREN ENERGY MARKETING ENERGY,MISO,RPS,DELIVERY $2,190.36 CORN BELT ENERGY CORP TRAFFIC SIGNALS $628.22 KEY EQUIPMENT & SUPPLY CO PELICAN STRIP BROOM $760.00 MENARDS FLEXZILLA HOSE $26.99 MUTUAL WHEEL CO BINDER,HOOK $91.80 MATHIS KELLY CONSTRUCTION HARD HAT $12.06 MENARDS REACH TOOL $29.94 MENARDS REACH TOOL $9.98 SUNBELT RENTALS INC SHUTOFF VALVE $31.12 TRAFFIC SIGN STORE SIGNS $207.50 TRAFFIC SIGN STORE SIGNS $149.00 TRAFFIC SIGN STORE SIGN $345.00 TRAFFIC SIGN STORE SIGNS $2,473.00 FASTENAL COMPANY NUTS & BOLTS $33.68 TRAFFIC SIGN STORE STREET SIGNS $2,220.00 MCLEAN COUNTY ASPHALT ASPHALT $767.03 PRAIRIE MATERIAL SALES INC ENVIRONMENTAL CHARGES $192.38 MCLEAN COUNTY ASPHALT ASPHALT $2,562.69 General Fund Public Works Streets Total $52,690.82 General Fund Engineering Engineering Services ILLINOIS STATE UNIVERSITY ISU TOWN/GOWN REGISTRATIO $80.00 ILLINOIS STATE UNIVERSITY ISU TOWN/GOWN REGISTRATIO $80.00 COPY SHOP ENGINEERING PADS $147.55 General Fund Engineering Engineering Services Total $307.55 General Fund Engineering Road & Bridge BROWN TRAFFIC PRODUCTS INC YAGI TY900 ANTENNA $315.00 BROWN TRAFFIC PRODUCTS INC DOMED LENS $37.96 General Fund Engineering Road & Bridge Total $352.96 General Fund Parks & Recreation Recreation/Special Events WALMART COMMUNITY BRC SUPPLIES $54.91 General Fund Parks & Recreation Recreation/Special Events Total $54.91 General Fund Parks & Recreation Administration DARNALL PRINTING BUSINESS CARDS $38.50 DARNALL PRINTING BUSINESS CARDS $7.50 GOLFDIGEST SUBSCRIPTION $20.00 ISU TOWN/GOWN TOWN & GOWN $160.00 General Fund Parks & Recreation Administration Total $226.00 General Fund Parks & Recreation Community Activity Center AMEREN ENERGY MARKETING ENERGY,MISO,RPS,DELIVERY $638.37 General Fund Parks & Recreation Community Activity Center Total $638.37 General Fund Parks & Recreation Rec.- Before/After School ILLINOIS CENTRAL SCHOOL BUS BUS TRANSPORTATION $793.66 WALMART COMMUNITY BRC SUPPLIES $380.84 Town of Normal Expenditures to be Approved for Payment as of: May 30, 2012 Page 6
Vendor Name Description Transaction Amount WALMART COMMUNITY BRC SUPPLIES $421.82 General Fund Parks & Recreation Rec.- Before/After School Total $1,596.32 General Fund Parks & Recreation Golf Course COMCAST OF CHICAGO INC XFINITY TV $28.84 CORN BELT ENERGY CORP IRNWD CLBHSE $851.08 ACE HARDWARE MISC. HARDWARE SUPPLIES $20.58 RANEY TERMITE CONTROL INC PEST CONTROL AT IRONWOOD $33.25 INTERSTATE ALL BATTERY CENTER BATTERIES $160.00 MENARDS MISC. SUPPLIES $10.26 MILLER JANITOR SUPPLY URINAL SCREENS $86.44 LAWSON PRODUCTS INC JANITORIAL SUPPLIES $50.50 MENARDS MISC. SUPPLIES $103.31 WALMART COMMUNITY BRC SUPPLIES $100.30 POWDER COATINGS UNLIMITED POWDER COATING $668.28 General Fund Parks & Recreation Golf Course Total $2,112.84 General Fund Parks & Recreation Theater AMERENIP ACCT # 83436-98003 $1,098.81 SONY PICTURES CLASSICS INC TERMS FOR "A SEPARATION" $552.15 TECHNICOLOR FILM SHIPPING $23.11 PARAMOUNT TERMS FOR "ROMAN HOLIDAY" $289.60 UNIVERSAL FILM EXCHANGE INC TERMS FOR "DESIGN LIVING" $250.00 WEINSTEIN COMPANY LLC GUAR FOR "CORIOLANUS" $250.00 MILLER JANITOR SUPPLY SOAP DISPENSER ADAPTOR $18.34 MILLER JANITOR SUPPLY WASTEBASKET $8.33 WALMART COMMUNITY BRC SUPPLIES $298.32 General Fund Parks & Recreation Theater Total $2,788.66 General Fund Parks & Recreation Recreation/Youth Programs LARSON, ADAM ADAM LARSON ENTERTAINMENT $1,500.00 NEW AND SLIGHTLY USED EVENT CONTRACT FOR 6/3/12 $500.00 AMEREN ENERGY MARKETING ENERGY,MISO,RPS,DELIVERY $95.07 RADIO BLOOMINGTON RADIO ADVERTISEMENT $579.00 PRO-TYPE PRINTING INC AMPHITHEATER POSTER $161.00 WALMART COMMUNITY BRC SUPPLIES $139.06 General Fund Parks & Recreation Recreation/Youth Programs Total $2,974.13 General Fund Parks & Recreation Recreation/Athletic Prog BILL'S KEY & LOCK SHOP KEYS $175.50 RON SMITH PRINTING CO INC SOFTBALL SCORE CARDS $90.00 MENARDS MISC. SUPPLIES $22.53 WALMART COMMUNITY BRC SUPPLIES $119.60 ROESCH INC MERCHANDISER $1,490.00 ROESCH INC MERCHANDISER $80.00 OCCOUTDOORS, INC DUAL OPENING DOME TOP $1,168.27 General Fund Parks & Recreation Recreation/Athletic Prog Total $3,145.90 General Fund Parks & Recreation Golf Course Maintenance JORDAN JEFFERSON BOOTS $35.00 CORN BELT ENERGY CORP IRNWD GOLF IRRIG $592.61 CORN BELT ENERGY CORP GOLF COURSE SHED $296.82 LAWSON PRODUCTS INC JANITORIAL SUPPLIES $155.21 H & H INDUSTRIES INC LAMP $179.98 HELENA CHEMICAL CO LAKE PAK,SOAKER PLUS $629.12 JOHN DEERE LANDSCAPES INC ROPE $80.00 GREEN PRIDE COMPANY NOTCHED AIR-LIFT BLADE $30.60 MENARDS MISC. SUPPLIES $50.12 EVERGREEN FS INC. ECHO ULTIMATE $2,160.00 HELENA CHEMICAL CO LAKE PAK,SOAKER PLUS $600.00 PRO GRO INC ARMOR TECH $10.00 PRO GRO INC ARMOR TECH $1,567.50 General Fund Parks & Recreation Golf Course Maintenance Total $6,386.96 General Fund Parks & Recreation Children's Disc Museum STRUCK, CAROL CAROL STRUCK PER DIEM $1,107.00 SAMS CLUB SAM'S CLUB MEMBERSHIP $35.00 AMEREN ENERGY MARKETING ENERGY,MISO,RPS,DELIVERY $3,311.24 DISCOUNT SCHOOL SUPPLY PAINT $301.49 Town of Normal Expenditures to be Approved for Payment as of: May 30, 2012 Page 7
Vendor Name Description Transaction Amount ACE HARDWARE MISC. HARDWARE SUPPLIES $96.69 CM PROMOTIONS INC SCRIP ZIPPERED PADFOLIO $649.12 NORMAL HOOPS HULA HOOPING DEMO $20.00 B & B AWARDS AND RECOGNITION NAMEBADGES-JKEIGHER $24.00 MENARDS MISC. SUPPLIES $115.53 WALMART COMMUNITY BRC SUPPLIES $39.52 WALMART COMMUNITY BRC SUPPLIES $78.12 WALMART COMMUNITY BRC SUPPLIES $6.64 WALMART COMMUNITY BRC SUPPLIES $71.27 WALMART COMMUNITY BRC SUPPLIES $19.79 WALMART COMMUNITY BRC SUPPLIES $74.87 WALMART COMMUNITY BRC SUPPLIES $99.80 WALMART COMMUNITY BRC SUPPLIES $64.25 WALMART COMMUNITY BRC SUPPLIES $2.76 WALMART COMMUNITY BRC SUPPLIES $28.04 WALMART COMMUNITY BRC SUPPLIES $3.28 WALMART COMMUNITY BRC SUPPLIES $49.73 WALMART COMMUNITY BRC SUPPLIES $279.22 WALMART COMMUNITY BRC SUPPLIES $38.24 WALMART COMMUNITY BRC SUPPLIES $25.95 WALMART COMMUNITY BRC SUPPLIES $13.46 FLASH OF BRILLIANCE COMPANY FLAST CARDS $117.00 FLASH OF BRILLIANCE COMPANY FLAST CARDS $13.51 BEST OF BEST TOYS $345.00 BEST OF BEST TOYS $25.23 BEST OF BEST SLINKYS $84.00 AURORA WORLD INC TOYS $1,272.00 AURORA WORLD INC TOYS $103.06 CHILDREN'S RESCUE MISSIONS 20 BABY BURPERS- STORE $80.00 NORMAN & GLOBUS INC SCIENCE KITS $150.00 NORMAN & GLOBUS INC SCIENCE KITS $27.16 General Fund Parks & Recreation Children's Disc Museum Total $8,771.97 General Fund Parks & Recreation Aquatics LAWSON PRODUCTS INC INSECTICIDE $149.13 LAWSON PRODUCTS INC INSECTICIDE $10.44 NICOR GAS FV CONCESS $106.34 NICOR GAS FFAC $162.59 AMEREN ENERGY MARKETING ENERGY,MISO,RPS,DELIVERY $748.44 AMEREN ENERGY MARKETING ENERGY,MISO,RPS,DELIVERY $420.05 ACE HARDWARE MISC. HARDWARE SUPPLIES $92.50 ACE HARDWARE MISC. HARDWARE SUPPLIES $44.00 MENARDS MISC. SUPPLIES $418.88 MENARDS MISC. SUPPLIES $145.48 NORDINES HEATING & COOLING FILTER,FAN BELT $74.56 CRESCENT ELECTRIC SUPPLY CO FLUORESCENT LAMPS $149.24 CRESCENT ELECTRIC SUPPLY CO ELECTRICAL SUPPLIES $51.27 SHERWIN-WILLIAMS CO PAINT AND CLEANER $96.14 CONNOR CO SLAN EBV1022A REPAIR KITS $264.74 CONNOR CO VALVES,BRADLEY HANDLES $171.19 JOPAC COMPANIES FIBERTECH $39.95 MENARDS MISC. SUPPLIES $47.57 ARMATURE MOTOR & PUMP CO INC REPAIR PUMP AND INSTALL $5,480.12 HALOGEN SUPPLY CO INC LADDER STEPS $451.56 HALOGEN SUPPLY CO INC LADDER STEPS $451.56 POOL CLEANER SERVICES LLC PLUG-IN 9 PIN $105.58 MENARDS MISC. SUPPLIES $66.47 WALMART COMMUNITY BRC SUPPLIES $180.38 JEFF ELLIS & ASSOCIATES INC LIFEGUARD LICENSES $8,030.00 JEFF ELLIS & ASSOCIATES INC LIFEGUARD LICENSES $37.00 General Fund Parks & Recreation Aquatics Total $17,995.18 General Fund Parks & Recreation Parks Maintenance H & H INDUSTRIES INC RAINSUITS $163.84 MILLER JANITOR SUPPLY GLOVES $24.28 Town of Normal Expenditures to be Approved for Payment as of: May 30, 2012 Page 8
Vendor Name Description Transaction Amount KENDRIC SMITH BOOTS $35.00 TRUGREEN CHEMLAWN 5/2/12 LAWN SERVICE $1,712.00 TRUGREEN CHEMLAWN 5/2/12 LAWN SERVICE $2,150.00 TRUGREEN CHEMLAWN 5/2/12 LAWN SERVICE $695.00 TRUGREEN CHEMLAWN 5/2/12 LAWN SERVICE $50.00 TRUGREEN CHEMLAWN 5/2/12 LAWN SERVICE $75.00 TRUGREEN CHEMLAWN 5/2/12 LAWN SERVICE $150.00 TRUGREEN CHEMLAWN 5/3/12 LAWN SERVICE $95.00 TRUGREEN CHEMLAWN 5/5/12 LAWN SERVICE $100.00 TRUGREEN CHEMLAWN 5/7/12 LAWN SERVICE $350.00 TRUGREEN CHEMLAWN 5/7/12 LAWN SERVICE $500.00 TRUGREEN CHEMLAWN 5/7/12 LAWN SERVICE $450.00 TRUGREEN CHEMLAWN 5/8/12 LAWN SERVICE $1,100.00 TRUGREEN CHEMLAWN 5/8/12 LAWN SERVICE $270.00 TRUGREEN CHEMLAWN 5/8/12 LAWN SERVICE $300.00 GETZ FIRE EQUIPMENT ANNUAL FIRE EXT $1,361.50 TRUGREEN CHEMLAWN 5/9/12 LAWN SERVICE $350.00 TRUGREEN CHEMLAWN 5/9/12 LAWN SERVICE $648.00 TRUGREEN CHEMLAWN 5/9/12 LAWN SERVICE $625.00 TRUGREEN CHEMLAWN 5/9/12 LAWN SERVICE $250.00 AMEREN ENERGY MARKETING ENERGY,MISO,RPS,DELIVERY $403.75 AMEREN ENERGY MARKETING ENERGY,MISO,RPS,DELIVERY $290.21 AMEREN ENERGY MARKETING ENERGY,MISO,RPS,DELIVERY $86.95 AMEREN ENERGY MARKETING ENERGY,MISO,RPS,DELIVERY $402.26 AMEREN ENERGY MARKETING ENERGY,MISO,RPS,DELIVERY $101.22 AMEREN ENERGY MARKETING ENERGY,MISO,RPS,DELIVERY $23.35 AMEREN ENERGY MARKETING ENERGY,MISO,RPS,DELIVERY $110.97 CORN BELT ENERGY CORP MXWELL FLD 1-4 $2,914.23 CORN BELT ENERGY CORP IRNWD BB DIAM. $228.81 CORN BELT ENERGY CORP MXWELL S. CONCESS. $89.74 CORN BELT ENERGY CORP MXWELL S.BALL S. $88.42 CORN BELT ENERGY CORP SIGN W. COLLEGE $21.43 CORN BELT ENERGY CORP HORSESHOE PIT $25.09 CORN BELT ENERGY CORP MXWLL PK SHELT. $94.30 CORN BELT ENERGY CORP MXWELL PK TENNIS $47.30 CORN BELT ENERGY CORP CHAMPION STAND $35.03 CORN BELT ENERGY CORP SHED @ CHAMPION $41.60 CORN BELT ENERGY CORP SHEPARD PK $236.42 CORN BELT ENERGY CORP SIGN-IRNWD PK $30.72 CORN BELT ENERGY CORP SAFETY TOWN $20.52 CORN BELT ENERGY CORP CONCESS.STAND MXWLL $2,045.89 DON SMITH PAINT & WALLPAPER PAINT $182.80 ACE HARDWARE MISC. HARDWARE SUPPLIES $117.93 ACE HARDWARE MISC. HARDWARE SUPPLIES $27.98 ACE HARDWARE MISC. HARDWARE SUPPLIES $20.97 CRESCENT ELECTRIC SUPPLY CO ELECTRICAL SUPPLIES $80.38 CRESCENT ELECTRIC SUPPLY CO ELECTRICAL SUPPLIES $181.69 MENARDS MISC. SUPPLIES $427.99 MIDWEST EQUIPMENT II MISC. SUPPLIES $40.44 ADVANCE AUTO PARTS MISCELLANEOUS SUPPLIES $54.57 MARTIN BROTHERS BLADE $70.02 NORD OUTDOOR POWER CORP TIRES $59.50 FASTENAL COMPANY SWING SET $236.00 SPORTLAND GASKETS $149.64 ACE HARDWARE MISC. HARDWARE SUPPLIES $13.97 CARQUEST AUTO PARTS OF BLM IL INC GALV. MEASURE $46.70 BOBCAT OF PEORIA INC OIL FILTER $16.90 AZ COMMERCIAL HOOK & PICK SET,OIL $20.97 MENARDS MISC. SUPPLIES $17.99 WHERRY MACHINE & WELDING INC REPAIRS TO WATER PUMP $30.00 ROBERT JONES REIMBURSE $7.12 PRAXAIR DISTRIBUTION INC STARGOLD $41.21 EAST ST HARDWARE & TOOLS GARDEN HOSE WASHER $5.00 ILLINOIS STANDARD PARTS INC MISC HARDWARE SUPPLIES $257.89 Town of Normal Expenditures to be Approved for Payment as of: May 30, 2012 Page 9
Vendor Name Description Transaction Amount MILLER JANITOR SUPPLY PARKS & REC JAN. SUPPLIES $309.00 MD DESIGNS BY METAL DECOR COPPER BACKUP PLATE $139.91 GREEN VIEW NURSERY FLOWERS $17.27 H & H INDUSTRIES INC HOLESAW KIT $91.90 SHERWIN-WILLIAMS CO PAINT $136.61 FASTENAL COMPANY FASTENER $49.98 FASTENAL COMPANY BARN FASTENER $118.24 ACE HARDWARE MISC. HARDWARE SUPPLIES $475.65 ACE HARDWARE MISC. HARDWARE SUPPLIES $8.40 ACE HARDWARE MISC. HARDWARE SUPPLIES $11.48 MD DESIGNS BY METAL DECOR COPPER BACKUP PLATE $128.21 FASTENAL COMPANY SAW BLADES $103.98 INNOTECH COMMUNICATIONS CELL PHONE CHARGERS $55.00 LAWSON PRODUCTS INC CLEANING SUPPLIES $72.03 MENARDS MISC. SUPPLIES $872.70 MENARDS MISC. SUPPLIES $11.07 MENARDS MISC. SUPPLIES $25.77 MCLEAN COUNTY MATERIALS CO CONCRETE $74.20 EVERGREEN FS INC. DIESEL FUEL $1,634.53 EVERGREEN FS INC. KEROSINE $76.13 GREEN VIEW NURSERY TREES $267.75 MILLER JANITOR SUPPLY PAPER TOWELS,TOILET PAPER $79.66 ACE HARDWARE MISC. HARDWARE SUPPLIES $68.54 GROWING GROUNDS POND TABLETS $95.13 GROWING GROUNDS GRASSES,ROSES $59.46 BOBCAT OF BLOOMINGTON MOWER $1,820.00 General Fund Parks & Recreation Parks Maintenance Total $27,703.09 General Fund Concessions Golf Course PEPSI COLA GENERAL BOTTLERS BEVERAGES $24.65 WALMART COMMUNITY BRC SUPPLIES $87.74 PEPSI COLA GENERAL BOTTLERS BEVERAGES $308.66 PEPSI COLA GENERAL BOTTLERS BEVERAGES $214.56 DENNY'S DOUGHNUTS & BAKERY DOUGHNUTS & ROLLS $27.00 DENNY'S DOUGHNUTS & BAKERY DOUGHNUTS & ROLLS $15.00 DENNY'S DOUGHNUTS & BAKERY DOUGHNUTS & ROLLS $27.00 DENNY'S DOUGHNUTS & BAKERY DOUGHNUTS & ROLLS $15.00 WALMART COMMUNITY BRC SUPPLIES $619.05 DENNY'S DOUGHNUTS & BAKERY DOUGHNUTS $27.00 General Fund Concessions Golf Course Total $1,365.66 General Fund Concessions Recreation GOLD MEDAL- CHICAGO LAMP WARMER $188.20 GOLD MEDAL- CHICAGO LAMP WARMER $13.43 GOLD MEDAL- CHICAGO CONCESSION ITEMS $1,441.12 GOLD MEDAL- CHICAGO CONCESSION ITEMS $1,327.19 PEPSI COLA GENERAL BOTTLERS BEVERAGES $2,190.20 WALMART COMMUNITY BRC SUPPLIES $93.56 GDS PROFESSIONAL BUSINESS DISPLAYS MENU BOARDS $300.00 General Fund Concessions Recreation Total $5,553.70 General Fund $445,828.67 Motor Fuel Tax Fund Public Works Motor Fuel Tax TESTING SERVICE CORP CONCRETE CYLINDERS $1,624.50 FARNSWORTH GROUP ENGINEERING SERVICES $220.25 Motor Fuel Tax Fund Public Works Motor Fuel Tax Total $1,844.75 Motor Fuel Tax Fund $1,844.75 Community Development Fd Community Development Administration H.J. EPPEL & CO.,INC STREET RESURFACING $13,083.61 LEWIS YOCKEY & BROWN INC CHURCH ST RECONSTRUCTION $12,401.05 UNIVERSITY OF ILLINOIS UNITY CENTER $809.70 AMEREN ENERGY MARKETING ENERGY,MISO,RPS,DELIVERY $110.56 Community Development Fd Community Development Administration Total $26,404.92 Community Development Fd $26,404.92 Capital Investment Fund Other-Capital Investment Capital Investment Town of Normal Expenditures to be Approved for Payment as of: May 30, 2012 Page 10
Vendor Name Description Transaction Amount MCLEAN COUNTY CONCRETE CONCRETE $415.00 Capital Investment Fund Other-Capital Investment Capital Investment Total $415.00 Capital Investment Fund $415.00 Uptown Station Other-Capital Investment Uptown Station MNJ TECHNOLOGIES DIRECT INC APC UPS RAIL KIT $379.22 MNJ TECHNOLOGIES DIRECT INC DELL LATITUDE $14,466.70 FRENCH DESIGN STUDIO UPTOWN STATION ART $3,500.00 COTTER CONSULTING INC MAY 2012 INVOICE $29,562.50 ACTION FLAG COMPANY FLAGS $147.07 Uptown Station Other-Capital Investment Uptown Station Total $48,055.49 Uptown Station $48,055.49 Water Fund FERGUSON WATERWORKS WATER METER 8" PROTECTUS $11,298.62 WATER RESOURCES INC SINGLE PORT ENCODER $23,000.00 WATER PRODUCTS CO OF ILLINOIS CORPORATION STOP - 1" $4,542.00 WATER PRODUCTS CO OF ILLINOIS FIRE HYDRANT - STEAMER $21,120.00 STOWE, JEFF 715 HALE ST REFUND $50.90 SCHUMACHER, ERMA 1506 WOODS 1A REFUND $53.78 SHUNG, ELAINE 3004 SHEPARD RD REFUND $37.96 PACELLI, NICHOLAS 202 PARKTRAIL RD REFUND $7.36 JACQUELINE SULLIVAN 710 S COTTAGE AVE A RFND $123.67 FERRARO, ROSS 205 E PHOENIX REFUND $6.44 HENSLEY, BRIAN & AUDREY 707 CLAIRIDGE GRN REFUND $10.71 DENNEWITZ, ANNE 1609 N LINDEN REFUND $11.74 YOUNG AMERICA 99 W CHERRY #4 REFUND $221.88 REBBEC PONTIAC/BUICK 302 LANDMARK DR REFUND $78.40 ASHMAN, C. PIMCNTAL & HILLARY 301 N LINDEN #1 REFUND $56.06 GRANT, WAYNE 1507 ESTATE DR REFUND $893.00 Water Fund Total $61,512.52 Water Fund Water Administration NEXTEL COMMUNICATIONS MNTHLY USE WATER ADMIN $66.00 VERIZON WIRELESS - PA WATER METER CELL USAGE $228.27 FRONTIER WATER ADMIN USAGE $95.33 BLOOMINGTON OFFSET PROCESS WATER UTILITY STATEMENTS $980.00 OFFICE DEPOT INC OFFICE SUPPLIES $23.39 OFFICE DEPOT INC OFFICE SUPPLIES $27.49 OFFICE DEPOT INC OFFICE SUPPLIES $9.78 OFFICE DEPOT INC OFFICE SUPPLIES $35.79 Water Fund Water Administration Total $1,466.05 Water Fund Water Distribution STARK EXCAVATING METER VAULT INSTALLATION $24,390.00 AMEREN ENERGY MARKETING ENERGY,MISO,RPS,DELIVERY $270.62 MCLEAN COUNTY CONCRETE CONCRETE $83.00 MCLEAN COUNTY MATERIALS CO CREDIT ($73.03) NEXTEL COMMUNICATIONS MNTHLY USE WATER DIST $935.00 FRONTIER WATER DISTRIBUTION USAGE $33.18 PRO-TYPE PRINTING INC HYDRANT MAINT. REPORT $105.00 EAST ST HARDWARE & TOOLS CUTTER $27.40 MENARDS TRACING KIT $69.99 MIDWEST CONSTRUCTION RENTALS SHOVEL $32.50 LAWSON PRODUCTS INC BLUE MARKING PAINT $22.00 LAWSON PRODUCTS INC BLUE MARKING PAINT $105.92 LAWSON PRODUCTS INC BLUE MARKING PAINT $286.56 LAWSON PRODUCTS INC BLUE MARKING PAINT $66.24 LAWSON PRODUCTS INC BLUE MARKING PAINT $33.65 WATER PRODUCTS CO OF ILLINOIS ECLIPSE #88 STATION $92.00 WATER PRODUCTS CO OF ILLINOIS ECLIPSE #88 STATION $1,810.00 WATER PRODUCTS CO OF ILLINOIS OUT OF SERVICE BAGS $41.25 WATER PRODUCTS CO OF ILLINOIS COPPER TO GALVANIZED COUP $319.32 WATER PRODUCTS CO OF ILLINOIS COPPER TO GALVANIZED COUP $381.12 WATER PRODUCTS CO OF ILLINOIS 6" MJ GASKETS $290.00 WATER PRODUCTS CO OF ILLINOIS 6" MJ GASKETS $134.40 Town of Normal Expenditures to be Approved for Payment as of: May 30, 2012 Page 11
Vendor Name Description Transaction Amount FERGUSON WATERWORKS 6" MAIN VALVE ASSEMBLY $1,184.06 FERGUSON WATERWORKS 6" HIGH SIDE REGISTERS $84.62 Water Fund Water Distribution Total $30,724.80 Water Fund Water Treatment UNITED LIQUID WASTE RECYCLING INC SLUDGE REMOVAL $277,144.36 EMSL ANALYTICAL INC WATER HEATER ANALYSIS $750.00 NICOR GAS WEST BOOSTER STATION - AP $78.60 CORN BELT ENERGY CORP HERSHEY RD BOOSTER PUMP - $791.95 CORN BELT ENERGY CORP PUMP STATION - APRIL 2012 $1,021.93 CORN BELT ENERGY CORP RECORDING EQUIP WATER - A $22.09 AMEREN ENERGY MARKETING ENERGY,MISO,RPS,DELIVERY $20,227.69 ENGRAVING EXPRESS PLASTIC SHEETS $422.40 ENGRAVING EXPRESS PLASTIC SHEETS $12.63 MOTION INDUSTRIES INC PARTS $40.35 SIDENER ENVIRONMENTAL SERVICES INC SPARE PARTS KIT,PAC KIT $663.00 SIDENER ENVIRONMENTAL SERVICES INC SPARE PARTS KIT,PAC KIT $16.40 NEXTEL COMMUNICATIONS MNTHLY USE WATER TREAT $85.00 FRONTIER WATER TREATMENT USAGE $63.58 ILLINOIS SECTION AWWA IL AWWA TRAINING MCFADDEN $25.00 MENARDS PVC,ADAPTERS,OUTLETS $93.45 MENARDS PARTS $18.63 MENARDS GLASS CLEANER $2.79 MENARDS DRILLBIT,POLY CASTER $76.99 BATTERIES PLUS BATTERY $24.99 GREEN VIEW NURSERY FLOWERS $204.33 GREEN VIEW NURSERY ROOT N GROW STARTER $9.74 GREEN VIEW NURSERY FLOWERS $156.39 GREEN VIEW NURSERY PLANTS $17.27 GRAINGER INC ADAPTERS $94.32 NAPA AUTO PARTS HEAT SHRINK TUBING $4.45 OFFICE DEPOT INC OFFICE SUPPLIES $1.71 MISSISSIPPI LIME COMPANY GRAN STANDARD QUICKLIME $6,507.38 CONTINENTAL CARBONIC PRODUCTS INC CO2 FOR WATER TREATMENT $1,425.96 BRENNTAG MID-SOUTH INC CHLORINE $1,616.00 MISSISSIPPI LIME COMPANY GRAN STANDARD QUICKLIME $3,288.01 MISSISSIPPI LIME COMPANY GRAN STANDARD QUICKLIME $3,263.40 Water Fund Water Treatment Total $318,170.79 Water Fund $411,874.16 Water Capital Investment Water Capital Investment STARK EXCAVATING WATER MAIN REPLACEMENT $101,943.90 Water Capital Investment Water Capital Investment Total $101,943.90 Water Capital Investment $101,943.90 Sewer Fund Sewer Administration AMEREN ENERGY MARKETING ENERGY,MISO,RPS,DELIVERY $488.65 CORN BELT ENERGY CORP SEWAGE PUMP STATIONS $2,861.78 E J EQUIPMENT INC O-RING,SEAL,OIL,MOTOR $3,294.47 E J EQUIPMENT INC CAMERA $353.37 NEXTEL COMMUNICATIONS MNTHLY USE SEWER $425.00 FRONTIER SEWER USAGE $188.18 MENARDS PANELS,LOCKS $17.24 MENARDS GALVENIZED NIPPLE $43.16 BLACKBURN MFG CO 05/03/12 INVOICE $363.86 ADVANCE AUTO PARTS MISCELLANEOUS AUTO PARTS $19.98 ADVANCE AUTO PARTS MISCELLANEOUS AUTO PARTS $18.38 ADVANCE AUTO PARTS MISCELLANEOUS AUTO PARTS $3.99 PRAIRIE MATERIAL SALES INC ENVIRONMENTAL CHARGES $82.50 PRAIRIE MATERIAL SALES INC ENVIRONMENTAL CHARGES $123.75 PRAIRIE MATERIAL SALES INC ENVIRONMENTAL CHARGES $82.50 PRAIRIE MATERIAL SALES INC ENVIRONMENTAL CHARGES $123.75 PRAIRIE MATERIAL SALES INC ENVIRONMENTAL CHARGES $682.50 ILLINOIS STATE UNIVERSITY COOLING TOWER REFUNDS $33,321.76 KEY EQUIPMENT & SUPPLY CO CAMERA $16,000.00 Town of Normal Expenditures to be Approved for Payment as of: May 30, 2012 Page 12
Vendor Name Description Transaction Amount Sewer Fund Sewer Administration Total $58,494.82 Sewer Fund Sewer Capital Investment GEORGE GILDNER CO MERCY CREEK LIFT STATION $78,840.00 SCADAWARE INC HARDWARE FOR DIALER PANEL $6,200.00 CLARK DIETZ INC MERCY CREEK STATION CONST $1,186.24 Sewer Fund Sewer Capital Investment Total $86,226.24 Sewer Fund $144,721.06 Health & Dental Ins Fund Administration - City Mgr Health Insurance VSP VSP STATEMENT $2,387.60 HORTON GROUP INC INSURANCE CONSULTING FEE $3,720.00 Health & Dental Ins Fund Administration - City Mgr Health Insurance Total $6,107.60 Health & Dental Ins Fund $6,107.60 Police Pension Fund Police Police Pension RYAN, JESSICA CONTRACTUAL SERVICES RYAN $100.00 Police Pension Fund Police Police Pension Total $100.00 Police Pension Fund $100.00 Gen Veh Replacement Fund Information Technology Administration MNJ TECHNOLOGIES DIRECT INC CISCO IRU RACK MOUNT KIT $164.39 Gen Veh Replacement Fund Information Technology Administration Total $164.39 Gen Veh Replacement Fund $164.39 Grand Total $1,187,459.94 TOWN COUNCIL ACTION REPORT
May 31, 2012
Resolution Supporting Governmental Self-Insurance Pooling and in Opposition to Non-Productive Legislative Restraints
PREPARED BY: Mark R. Peterson, City Manager
REVIEWED BY: Steven D. Mahrt, Corporation Counsel
BUDGET IMPACT: N/A
STAFF RECOMMENDATION: Approval
ATTACHMENTS: Proposed Resolution, Letter from the Law Firm of Ancel Glink Diamond Bush DiCianni & Krafthefer
BACKGROUND
Over the past few years, various bills have been introduced in the Illinois General Assembly intended to dramatically curtail the ability of local governments to join together in “self-insurance pools” as a means of providing affordable insurance coverage.
As the Council is aware, the Town of Normal has participated in a self-funded governmental insurance pool since 1985. That pool is called the Municipal Insurance Cooperative Association (MICA). MICA was formed in the mid-80’s as a response to an extremely hard market for public liability insurance coverage. At that time, many local governments in Illinois could not even find general liability insurance for purchase. Others that were able to find a company that would issue such a policy were required to pay exorbitant costs for that critically important insurance coverage. MICA was formed as a way to self fund that insurance protection on a pooled basis. Normal joined MICA one year after it was originally established and has continued to be a member in good standing of that pool ever since that time. Currently, the MICA pool serves 24 public entities, most of which are municipalities throughout the State of Illinois.
During the current legislative session of the Illinois General Assembly, at least three bills have been introduced that would dramatically harm the rationale and efficient operation of government self- insurance pools in Illinois. These bills purport to enact necessary regulations to better control self- insurance pools. According to experts, the proposed bills create unnecessary regulations designed to limit, if not eliminate, any of the advantages associated with municipal governmental pooling for insurance purposes.
DISCUSSION/ANALYSIS
I have attached a letter drafted by Stewart Diamond, Rob Bush and Tom DiCianni of the law firm of Ancel Glink Diamond Bush DiCianni & Krafthefer out of Chicago, Illinois. Ancel Glink is the designated legal counsel for the MICA insurance pool and they have represented the pool ever since its formation back in 1984. Ancel Glink also represents a number of other public entity insurance pools in the Chicago area TOWN COUNCIL ACTION REPORT and throughout the State. This law firm also is one of the State’s premier firms that specialize in representing public entities including municipalities, counties and special districts.
The letter from Ancel Glink very carefully spells out why these anti-pooling bills would adversely and dramatically impact the ability of local governments and other public entities to provide cost effective insurance coverage through pooling.
They believe it is necessary, and staff shares their belief, that local governments in Illinois need to proactively go on record in support of their ability to provide insurance coverage through intergovernmental pools and also to oppose any legislation designed to create unproductive barriers to insurance pooling that will ultimately eliminate many of the important and substantial financial benefits to local governments in Illinois associated with pooling.
Assuming Council approves the attached resolution, it would be our intention to forward a copy of the resolution, along with a letter signed by Mayor Chris Koos, to all the members of our legislative delegation so they understand how important insurance pooling has been to the Town of Normal and that the Town Council strongly supports the uninhibited ability of local governments in Illinois to pool with other local governments for insurance purposes and that the Council further opposes any unproductive regulation of insurance pooling that is currently being proposed on a number of fronts in Springfield.
RESOLUTION NO. ______
A RESOLUTION SUPPORTING GOVERNMENTAL SELF-INSURANCE POOLING AND IN OPPOSITION TO NON-PRODUCTIVE LEGISLATIVE RESTRAINTS
WHEREAS, from time-to-time, cyclical and fluctuating pricing and availability in the conventional insurance market has made it difficult for governmental bodies to offer needed protection at a reasonable cost; and
WHEREAS, commencing in 1979, Illinois governmental bodies began to collective self- insure through the use of governmental self-insurance pools, which typically purchase some conventional insurance to provide protections at a higher loss levels; and
WHEREAS, in the case of Antiporek v. Hillside, the Illinois Supreme Court praised the institution of governmental self-insurance pools and validated their existence and the benefits which pooling provides to its public entities; and
WHEREAS, governmental self-insurance pools, which are not required to make profits for their shareholders and historically have dramatically reduced administrative and operational costs have saved their governmental Members and the taxpayers of this State millions of dollars; and
WHEREAS, governmental self-insurance pools are currently regulated by the requirement to furnish to the Department of Insurance annual audits; and
WHEREAS, at least three pieces of recently-proposed legislation, HB 542, SB 1856, and SB 3796, have been introduced in the Illinois General Assembly; and
WHEREAS, these bills were not directed at actual problems or abuses of governmental self-insurance pools but, rather, are attempts to weaken the benefits of pooling; and
WHEREAS, the governmental bodies which pass this Resolution want their Legislators to be acutely aware of their strong and active desire to be consulted whenever bills are introduced affecting governmental pooling.
NOW, THEREFORE, BE IT RESOLVED BY THE PRESIDENT AND BOARD OF TRUSTEES FOR THE TOWN OF NORMAL, ILLINOIS:
SECTION 1: History of Pooling: Governmental self-insurance pools have functioned as active intergovernmental agencies in Illinois since December of 1979. Normal has been a Member of a governmental self-insurance pool.
Almost all types of local governmental bodies in the State of Illinois and school districts have created and joined governmental self-insurance pools. Many of the governmental self-
1 insurance pools in the State of Illinois are governed by Boards of Directors or Executive Committees, principally composed of the officials of the Member governments. The Pools function efficiently, and effectively. Each pool reflects the philosophical position of its governmental members rather than that of a private insurance company.
SECTION 2: Legislation and Pooling: The purpose of this Resolution is to alert the Members of the General Assembly, which represent our districts, about the important role which governmental self-insurance pools play in the State of Illinois and to prevent what to date has been unnecessary and destructive legislation proposed to harm the efficient operation of these important governmental institutions.
SECTION 3: Specific Legislation: None of the recent legislative attempts directed at Pools sought to correct errors or Pool failures, but only to harm the ability of governmental Pools to operate in manners typically chosen by their Members as fulfilling the Pool’s objectives. These bills were introduced, without explanation, and efforts were made for their passage with the least opportunity for governmental Pools to object to their provisions or to explain the adverse impacts which this legislation would have on governmental bodies in every part of the State.
SECTION 4: What Pool Members Expect From Their Legislators: Attached to this Resolution, as Appendix “A,” is a list of those Legislative Districts within the corporate boundaries of this governmental body, which send members to the Illinois Senate and the Illinois House of Representatives. By the passage of this Resolution, we ask our representatives in the Illinois General Assembly to:
(a) Be aware of the special place and importance that governmental self-insurance pools play in the economic operation of Illinois governmental bodies.
(b) Identify and evaluate all proposed legislation which affects governmental bodies within their District, which are members of governmental self-insurance pools.
(c) Consult with the governmental bodies within their District, which have expressed interest in governmental pooling and/or rely upon governmental pooling to provide user-directed broad based and affordable insurance coverage for the thousands of employees and citizens who come into contact with governmental bodies every day within your legislative District.
(d) Consult with these governmental bodies to learn of the positive or negative effect that such legislation may have on their ability to continue to efficiently operate governmental self-insurance pools.
(e) Be aware that every governmental body in this State, which is a member of a governmental self-insurance pool, is regulated by a required audit, which that Pool provides annually to the Illinois Department of Insurance.
2 SECTION 5: A Written Pledge. This Resolution, along with identical or similar Resolutions, adopted by governmental bodies throughout the State shall be collected and collated. Copies of these Resolutions, along with a list of the governmental bodies within the jurisdiction of each State Senator and State Representative shall be sent to these elected officials, along with additional information describing the history and operations of governmental self- insurance pools. We believe that large numbers of governmental bodies will participate in the passage of such Resolutions. We ask each Legislator that receives a copy of this material to send a letter to our designated contact person at the specified address: Michael J. Earl, MICA Chair, City of Des Plaines, 1420 Miner Street, Des Plaines, IL 60016.
We ask that the letter confirm that the Legislator is aware of the existence of governmental -Insurance Pools and the membership of a significant number of governmental bodies which are Pool members within the boundaries of the District. We ask that the letter acknowledge that upon becoming aware of legislation relating to Pooling, that Legislator will seek the opinion of governmental bodies within the District, which are Pool Members.
SECTION 6: Pool Member Response. This governmental body pledges to promptly provide information to the Legislator regarding its views about legislative proposals affecting pooling and to do so with a full recognition that legislation may sometimes be necessary, especially in the face of improper actions or perceived difficulties. Absent such real and provable defects, however, the provisions of the Illinois Constitution and statutes, which allow for intergovernmental cooperation for the purpose of making government more efficient and less costly, should not be carelessly sacrificed to the private interests of entities that seek to harm or diminish the efficient operation of self-insurance pools.
SECTION 7: Effective Date. This Resolution shall be in full force and effect immediately upon its passage and a certified copy of this Resolution shall be sent to a central location for collation and transferred to the Members of the Illinois General Assembly and to the Governor.
ADOPTED this ____ day of ______, 2012.
APPROVED:
______President of the Board of Trustees of the Town of Normal, Illinois
ATTEST:
______Town Clerk (seal)
3
TOWN COUNCIL ACTION REPORT
May 31, 2012
Resolution Authorizing the City Manager to Negotiate and Enter Into an Agreement with Busey Bank for ATM Services at Uptown Station
PREPARED BY: Andrew Huhn, Director of Finance
REVIEWED BY: Mark R. Peterson, City Manager Pamela S. Reece, Deputy City Manager Steven D. Mahrt, Corporation Counsel
BUDGET IMPACT: N/A
STAFF RECOMMENDATION: Approval
ATTACHMENTS: Proposed Agreement and Resolution
BACKGROUND
It is staff’s desire to make available ATM services to all transportation users of Uptown Station as well as other visitors and City Hall employees.
In April, staff sought ATM service proposals from all banks with an Uptown presence. The ATM is to be located on the first floor of Uptown Station and be available to all users and visitors of the station. It is anticipated that approximately 500 or more visitors will utilize the facility per day.
DISCUSSION/ANALYSIS
Heartland Community Bank and Busey Bank submitted proposals. Upon review and comparison of the two proposals, staff recommends that the Council authorize the City Manager to enter into an agreement with Busey Bank to place and operate an ATM service on the first floor of Uptown Station.
Busey Bank will install, operate, maintain and service the machine at no cost to the Town. They will enter into a lease agreement with the Town for space to place the ATM on the first floor of Uptown Station and pay the Town a lease fee equal to 50 cents per ATM transaction (non-Busey Bank customers). The total surcharge the Bank plans to charge per transaction is $2.00 (non-Busey Bank customers).
Uptown Station is considered a high traffic area and staff anticipates that the total annual revenue from the Bank will be between $2,400 and $4,800.
It is recommended that the Council authorize staff to enter into a lease agreement with Busey Bank to place and provide ATM services on the first floor of Uptown Station. RESOLUTION NO. ______
A RESOLUTION AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND ENTER INTO AN AGREEMENT WITH BUSEY BANK FOR ATM SERVICES AT UPTOWN STATION
WHEREAS, the Town of Normal is a home rule unit of local government with authority to legislate in matters concerning its local government and affairs; and
WHEREAS, the Town of Normal owns and operates a multi-modal transportation center in Uptown Normal known as Uptown Station; and
WHEREAS, the Town desires to provide automated teller machine facilities for persons using Uptown Station; and
WHEREAS, Busey Bank is willing to provide automated teller machine services at Uptown Station; and
WHEREAS, it is in the best interests of the health, safety and welfare of the citizens of Normal to authorize the City Manager to negotiate and enter into an agreement with Busey Bank for ATM services at Uptown Station.
NOW, THEREFORE, BE IT RESOLVED BY THE PRESIDENT AND BOARD OF TRUSTEES FOR THE TOWN OF NORMAL, ILLINOIS:
SECTION ONE: That the City Manager be and he is hereby authorized and directed to negotiate and enter into an agreement with Busey Bank for ATM services at Uptown Station.
SECTION TWO: That upon execution of said agreement, the Town Clerk shall retain in her office a fully executed original for public inspection.
ADOPTED this _____ day of ______, 2012.
APPROVED:
______President of the Board of Trustees of the Town of Normal, Illinois ATTEST:
______Town Clerk
(seal)
TOWN COUNCIL ACTION REPORT
May 31, 2012
Resolution Authorizing the Execution of an Agreement for Technical Planning Services with the McLean County Regional Planning Commission
PREPARED BY: Mercy Davison, Town Planner
REVIEWED BY: Mark R. Peterson, City Manager Steven D. Mahrt, Corporation Counsel
BUDGET IMPACT: The proposed cost of this agreement totals $23,239.34. Adequate funding is available in Line Item 001-1030-413-30-55 for this expenditure.
STAFF RECOMMENDATION: Approval
ATTACHMENTS: Proposed Resolution; Proposed Regional Planning Service Agreement
BACKGROUND
The McLean County Regional Planning Commission (MCRPC) has been providing long range planning services to the Town of Normal for more than three decades. Annually, the Town and the Commission enter into an intergovernmental agreement, which specifies the planning services to be provided to the Town for the coming twelve-month period.
The attached proposed technical planning services agreement delineates the services to be undertaken by the MCRPC on behalf of the Town from July 1, 2012 through June 30, 2013.
DISCUSSION/ANALYSIS
The proposed agreement is very similar to the agreements of prior years. The proposed fee to be charged by MCRPC for the planning services described in the agreement totals $23,239.34, which is slightly less than the fee charged last year. The Regional Planning fee tends to fluctuate on a yearly basis depending upon the specific services being provided and upon the amount of funding available from the Illinois Department of Transportation. Regional Planning has also been able to hold costs down based in part on its low-cost tenant space in the Government Center.
For many years McLean County Regional Planning has performed valuable services for the Town at a reasonable fee. Thus, Town staff recommends approval of the proposed agreement.
RESOLUTION NO. ______
A RESOLUTION AUTHORIZING THE EXECUTION OF AN AGREEMENT FOR TECHNICAL PLANNING SERVICES WITH THE MCLEAN REGIONAL PLANNING COMMISSION
WHEREAS, the Town of Normal is a Home Rule Unit of local government with authority to legislate in matters concerning its local government and affairs; and
WHEREAS, McLean County Regional Planning Commission intends to enter into a Regional Planning Service Agreement with the Town of Normal for the purpose of providing long range planning service to the Town from July 1, 2012 through June 30, 2013; and
WHEREAS, it is in the best interest of the health, safety and welfare of the citizens of Normal to enter into said contract with the McLean County Regional Planning Commission.
NOW, THEREFORE, BE IT RESOLVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE TOWN OF NORMAL, ILLINOIS:
SECTION ONE: That the Town of Normal hereby authorizes the President of the Board of Trustees to enter into said Regional Planning Service Agreement with McLean County Regional Planning Commission. A copy of said contract is attached hereto as Exhibit “A” and incorporated herein by reference.
SECTION TWO: That the Town Clerk be, and she is hereby authorized and directed to attest to the signature of the President of the Board of Trustees on said contract and to retain a fully executed original of said contract in her office for public inspection.
ADOPTED this ____ day of ______, 2012.
APPROVED:
______President of the Board of Trustees of the Town of Normal, Illinois
ATTEST:
______Town Clerk
(Seal)
TOWN COUNCIL ACTION REPORT
May 31, 2012
Resolution Authorizing a Lease Agreement with Subway Real Estate, LLC for Premises Located at #11 Uptown Circle, Suite 100 in Uptown Station
PREPARED BY: Wayne Aldrich, Uptown Development Director
REVIEWED BY: Mark R. Peterson, City Manager
BUDGET IMPACT: The Town will be responsible to assume the costs of the “Landlord” improvements as specified in Exhibit C of the agreement. It is anticipated that these improvements will be made by change order under the current construction contract and paid from available project contingency funds. Any revenue received from lease of the space will be deposited in a special fund and used for the maintenance and operation of the facility in accordance with federal guidelines.
STAFF RECOMMENDATION: Approval
ATTACHMENTS: Proposed Resolution, Proposed Lease Agreement, Layout Diagram
BACKGROUND
On February 6, 2012, the Town Council approved the selection of and authorized staff to negotiate a concession/lease agreement with Subway Real Estate LLC (Subway Restaurants) for food service in the Uptown Station. Since that time, Town staff has been negotiating the terms of a lease agreement with Subway Real Estate and the local franchise agency, BN Retail, Incorporated.
On May 21, 2012 the Council authorized a supplemental agreement with RATIO Architects to design the Subway space in the Uptown Station. The Uptown Station project team, including RATIO Architects, have been working with Central Illinois Development (Subway agent) to design the Subway space within the designated area in the Uptown Station. The designs include an enclosed kitchen and front counter area with the remainder of the space for tables and seating (see attached layout diagram). Portions of the space are currently under construction through a change order with River City Construction, the contractor for the Uptown Station. The lease agreement between the Town and Subway Real Estate has been negotiated and is now ready for Council consideration.
DISCUSSION/ANALYSIS
The leased space is located on the Uptown Circle frontage of the Uptown station. The space includes approximately 1,650 square feet and is designated as Suite 100.The proposed lease agreement contains the following major provisions; TOWN COUNCIL ACTION REPORT
1. TERM – The term of the lease is 5 years with an option for extending the agreement for 5 consecutive renewal periods of 1 year each. 2. RENT – The rent shall be the greater of 10% of the gross profit or $1000 per month for years 1 and 2, $1,200 per year for years 2 and 3 and $1,400 per month for year 5 The gross profit is defined as all sales less sales tax and food cost and would be determined based on audited books made available by the franchise. Based on anticipated sales, the rent is projected to be approximately $2,200 per month. 3. SCHEDULE – a. The agreement anticipates the build-out of the Subway restaurant by July 14, 2012 and operation of the restaurant no later than the commencement of Amtrak operations from the Uptown Station, currently anticipated towards the end of July. b. To accomplish this schedule, the Town is obligated to deliver the space by June 15, 2012. 4. UTILITIES –Subway will not be charged for heating, ventilation or air conditioning (HVAC) as these services are provided as part of the common first floor HVAC system. They will pay for metered water service, gas service, electric service, phone and cable TV. 5. TENANT FLOORING ALLOWANCE – The Town will pay the lesser of $13.00 per square foot or the actual cost per square foot for flooring installation. Subway anticipates the installation of a new floor per Subway standards. The Town did not install, and will receive a credit for, the terrazzo flooring as included with the building contract, and is therefore able to offer this flooring allowance. 6. COMMON AREA COSTS – The Town will pay all costs associated with the “Common Area” or areas outside the Subway lease area on the ground floor of Uptown Station. 7. REPAIR AND MAINTENANCE – Subway is responsible to take good care of the leased spaces including all repair and maintenance. The Town has the right to approve contactors making repairs. 8. TENANT SEATING AREA – During non-business hours the Subway seating area will be made available for use by the public. During non-business hours the Town would be responsible for cleaning this area. At all other times Subway would be responsible for the cleaning and maintenance of this area. 9. SIGNAGE – Subway may erect signage as approved by the Town and subject to review by the Uptown Design Review Commission. 10. DÉCOR PACKAGE – Subway may use the new Metro Décor package for interior design of the space. 11. WASTE REMOVAL – Waste is to be removed by Subway to the dumpster area located in the ground floor of the parking deck. The town will provide for dumpster pick-up. 12. PARKING – Subway will be allowed 4 parking spaces in the Uptown Station parking deck free of charge. 13. LANDLORD IMPROVEMENTS - The town would be responsible to make all “Landlord” improvements as indicated in Exhibit C of the agreement. These improvements include installing all the utility stubs and construction of all the full walls associated with the build-out, including all plumbing and electrical service. 14. TENANT IMPROVEMENTS – Subway will complete all the half walls and Subway specific counter items, furniture fixtures and equipment. They will install all flooring in the space per Subway Standards.
The other provisions of the agreement are typical of a lease of this type and have been reviewed by Town legal staff and found to be acceptable. The payment terms are reasonable for a new location and allow the Town to share in the “upside” as the franchise becomes established and more profitable.
The lease of this space to Subway will provide an exceptional food service with established standards through a locally based franchise with reasonable terms. For these reasons, the Town staff recommends approval.
RESOLUTION NO. ______
RESOLUTION AUTHORIZING EXECUTION OF A LEASE AGREEMENT WITH SUBWAY REAL ESTATE, LLC FOR UPTOWN STATION – SUITE 100
WHEREAS, the Town of Normal is a home rule unit of local government with authority to legislate in matters concerning its local government and affairs; and
WHEREAS, Town staff has negotiated a Lease Agreement with Subway Real Estate, LLC for occupancy of Suite 100 in Uptown Station; and
WHEREAS, it is in the best interests of the health, safety and welfare of the citizens of Normal to authorize execution of said Lease Agreement.
NOW, THEREFORE, BE IT RESOLVED BY THE PRESIDENT AND BOARD OF TRUSTEES FOR THE TOWN OF NORMAL, ILLINOIS:
SECTION ONE: That the President be and he is hereby authorized to execute for and on behalf of the Town of Normal, Illinois, a Lease Agreement with Subway Real Estate, LLC for Suite 100 in Uptown Station. A copy of said Lease Agreement is marked Exhibit A, attached hereto and incorporated herein by reference.
SECTION TWO: That the Town Clerk be and she is hereby authorized and directed to attest the signature of the President on said Lease Agreement and retain a fully executed original in her office for public inspection.
ADOPTED this ____ day of ______, 2012.
APPROVED:
______President of the Board of Trustees of the Town of Normal, Illinois
ATTEST:
______Town Clerk
(seal)
LEASE BETWEEN
TOWN OF NORMAL, ILLINOIS
AS LANDLORD,
AND
SUBWAY REAL ESTATE, LLC,
AS TENANT
LOCATION: UPTOWN STATION, SUITE 100, NORMAL, IL
DATED -
Table of Contents
Page ARTICLE I: BASIC LEASE PROVISIONS AND ENUMERATION OF EXHIBITS ...... 1 1.1 Basic Lease Provisions...... 1 1.2 Significance of a Basic Lease Provision...... 2 1.3. Enumeration of Exhibits...... 2 ARTICLE II: DEFINITIONS ...... 2 ARTICLE III: LEASED PREMISES AND TERM ...... 3 3.1 Building...... 3 3.2 Leased Premises...... 3 3.3 Commencement of the Term...... 3 3.4 Term of Lease...... 4 ARTICLE IV: RENT ...... 4 4.1 Fixed Rent...... 4 4.2 Commencement of Rent Payment...... 4 4.3 Gross Profit...... 4 ARTICLE V: RENEWAL OPTIONS ...... 5 5.1 Five Renewal Periods...... 5 5.2 Adjustment of Fixed Rent...... 5 ARTICLE VI: CONSTRUCTION BY LANDLORD AND TENANT ...... 5 6.1 Condition of Premises...... 5 6.2 Construction by Tenant...... 5 6.3 Obligations of Tenant Before Lease Term Begins...... 6 6.4 Construction by Landlord...... 6 6.5 Tenant Allowance...... 6 ARTICLE VI: CONSTRUCTION BY LANDLORD AND TENANT ...... 6 7.1 Common Areas and Facilities...... 7 7.2 Use of Common Areas...... 7 7.3 Charge for Common Area and Facilities...... 7 7.4 Tenant Seating Area...... 8 7.5 Taxes...... 8
i
7.6 Insurance...... 9 ARTICLE VIII: UTILITY SERVICE ...... 9 8.1 Utilities...... 9 ARTICLE IX: TENANT'S ADDITIONAL COVENANTS ...... 9 9.1 Affirmative Covenants...... 9 9.2. Negative Covenants...... 15 ARTICLE X: LANDLORD'S ADDITIONAL COVENANTS ...... 17 10.1 Repairs by Landlord...... 17 10.2 Quiet Enjoyment...... 17 10.3 Hold Harmless...... 17 ARTICLE XI: DAMAGE OR TAKING AND RESTORATION ...... 18 11.1 Fire, Explosion, or Other Casualty...... 18 11.2 Eminent Domain...... 18 ARTICLE XII: DEFAULTS BY TENANT REMEDIES ...... 19 12.1 Events of Default...... 19 12.2 Limitation on Termination for Bankruptcy...... 21 12.3 Surrender of Premises...... 21 12.4 Reletting the Premises...... 21 12.5 Obligations of Tenant...... 22 12.6 Tenant's Waiver of Notice and Right of Reentry...... 24 12.7 Waiver by Landlord...... 24 12.8 Landlord's Right To Involve Other Remedies...... 24 12.9 Cumulative Nature of Rights and Remedies...... 25 12.10 Holdover by Tenant...... 25 12.11 Landlord's Right To Cure Defaults...... 25 ARTICLE XIII: MISCELLANEOUS PROVISIONS ...... 25 13.1 Mutual Waiver of Subrogation Right...... 26 13.2 Passageways, etc...... 26 13.3 Adjacent Excavation-Shoring...... 26 13.4 Tenant's Conflicts...... 26 13.5 Notices from One Party to the Other...... 27 13.6 Brokerage...... 27
ii
13.7 Financial Statements...... 27 13.8 Relationship of the Parties...... 27 13.9 Estoppel Certificates...... 27 13.10 Short Form Lease...... 28 13.11 Applicable Law and Construction...... 28 13.12 Execution of Lease by Landlord and Landlord's Exculpation...... 28 13.13 Binding Effect of Lease...... 28 13.14 Interest on Unpaid Accounts...... 28 13.15 Assignment, Sublease or License...... 29 13.16 Use of Premises/Smoke Free...... 30 13.17 Surrender Of Premises...... 30 13.18 Signs...... 30 13.19 Parking...... 30 13.20 Severability...... 30
iii
LEASE
This lease (hereinafter "Lease") made and entered into this _____ day of, 2012, by and between the Town of Normal, hereinafter referred to as "Landlord," and Subway Real Estate, LLC, organized under the laws of the State of Delaware and having its usual place of business at 325 Bic Drive, Milford, Connecticut 06461, hereinafter referred to as "Tenant". In consideration of the mutual covenants herein contained, the parties agree as follows:
ARTICLE I: BASIC LEASE PROVISIONS AND ENUMERATION OF EXHIBITS
1.1 Basic Lease Provisions.
DATE: June 04, 2012
LANDLORD: Town of Normal, Illinois
ADDRESS OF LANDLORD: Town of Normal, 11 Uptown Circle, PO Box 589, Normal, Illinois 61761
TENANT: Subway Real Estate, LLC
ADDRESS OF TENANT: 325 Bic Drive, Milford, Connecticut 06461
TENANT'S TRADE NAME: Subway® restaurant
LEASED PREMISES: Uptown Station, 11 Uptown Circle, Suite 100,Normal, Illinois consisting of 1,652 square feet of floor area.
LEASE TERM: Five (5) years, plus a partial month, if any, at the beginning of the Lease Term.
DELIVERY DATE: The Leased Premises, with the Landlord’s Work completed as set forth in Section 6.4 below, shall be delivered by the Landlord to the Tenant for the installation of the Tenant’s Work no later than June15,2012.
COMMENCEMENT DATE: The earlier of (i) the date Tenant opens for business in the Premises, or (ii) the time that the Amtrak railway station located in the Building becomes operational,.
TERMINATION DATE: Five (5) years thereafter, plus a partial month if any, at the beginning of the term.
[1]
MINIMUM RENT: Minimum Rent shall be the greater of Ten Percent (10%) of gross profit for the lease year or the sum of $1,000 per month beginning on the Commencement Date for the first two (2) years of this Lease and then the sum of $1,200 per month for years 3 and 4 of this Lease and then the sum of $1,400 per month for the remaining year of the original term of this Lease (plus the partial month referred to above, if any, at the beginning thereof).
PERMITTED USES: Subway Restaurant
TIME ALLOWED TO TENANT FOR COMPLETION OF TENANT'S WORK: The Tenant’s Work as set forth in Section 6.2 below shall be completed no later than July 13th, 2012.
SECURITY DEPOSIT: None
1.2 Significance of a Basic Lease Provision. Each reference in this Lease to any of the Basic Lease Provisions contained in § 1.1 of this Article shall be deemed and construed to incorporate all of the terms provided under each such Basic Lease Provision.
1.3. Enumeration of Exhibits. The exhibits enumerated in this section and attached to this Lease are incorporated in this Lease by this reference and are to be construed as part of this Lease.
Exhibit A. Site Plan of Uptown Station in Normal, Illinois.
Exhibit B. Plan of Leased Premises (which shall establish the floor area contained therein, sometimes hereinafter referred to as "Floor Area").
Exhibit C. Description of Landlord's Work.
Exhibit D. Description of Tenant's Work.
Exhibit E. Design Criteria for Tenant's Signs.
ARTICLE II: DEFINITIONS
The following terms when used hereinafter shall be defined as follows:
"Additional Rent" means all rentals, charges and other sums of money required to be paid by Tenant under this Lease (all such rentals, charges and sums other than Minimum Annual Rental shall be referred to as "Additional Rent" in this Lease);
[2]
"Building" means the Uptown Station structure or portions of a structure constructed or to be constructed by Landlord.
"Leased Premises" means a portion of Landlord's Building leased to Tenant.
"Sublessee" means an authorized SUBWAY® licensee/franchisee of Doctor's Associates, Inc.
ARTICLE III: LEASED PREMISES AND TERM
3.1 Building. Landlord is the owner of a tract of land located at Uptown Circle in Normal, Illinois which premises are sometimes hereinafter referred to as "Landlord's Tract." Landlord's Tract, together with the buildings constructed thereon, is known as Uptown Station and is depicted on Exhibit A, and the Landlord’s Tract and any improvements and appurtenances constructed thereon are sometimes hereinafter referred to as the "Building." Landlord reserves the right to change the number and location of buildings, building dimensions, the number of floors in any of the buildings, store dimensions, and the identity and type of other stores and tenancies, provided only that the size of the Leased Premises (as hereinafter defined) and reasonable access to Tenant's store premises shall not be materially impaired.
3.2 Leased Premises. Landlord hereby leases and demises to Tenant, and Tenant hereby leases from Landlord, subject to and with the benefit of the terms of this Lease, the store premises herein referred to as the "Leased Premises" and/or the "Demised Premises," and more particularly described as follows: All of the store known as Uptown Station, Suite 100 , measured from the centerline of all common walls and to the outside of all exterior walls, as shown on the site plan attached hereto and made a part hereof as Exhibit B, containing approximately 1,652 square feet of Floor Area.
3.3 Commencement of the Term. The term of this Lease and the obligations of Tenant to pay rent and other charges herein and to commence retail operations in the Demised Premises shall commence and accrue , as provided in § 1.1 above on the earlier of (a) the date that Tenant is open for business in the Demised Premises; or (b) thirty (30) days after the completion of Landlord's Work in the Demised Premises in accordance with Exhibit C and the delivery of possession of the Demised Premises to Tenant. The receipt by Tenant of certification by Landlord or Landlord's architect that Landlord's Work in the Demised Premises has been completed shall determine the date of delivery by Landlord of possession of the premises to Tenant, provided however, that Landlord's Work shall be deemed completed if it is being delayed by failure of Tenant to complete its work. The date of commencement of the term of this lease, determined as hereinabove provided, is herein sometimes referred to as the "Commencement Date." Each of the parties hereto agrees that, upon the Commencement Date of this lease or from time to time
[3] thereafter, upon the request of the other party, it will execute and deliver such further instruments as may be appropriate, setting forth the date of commencement and the date of expiration of the term of this Lease.
Tenant shall have the right, during the period of days set forth in (b) above, to enter the Demised Premises for the purpose of installing fixtures and otherwise preparing the Demised Premises for the conduct of Tenant's business therein. Such entry by Tenant on the Demised Premises shall be subject to all the terms, covenants, and conditions of this Lease, except, however, the covenants relating to payment of rent and other charges, which shall nevertheless accrue in accordance with the previous paragraph. During such installment of fixtures and other work performed by and/or for Tenant in or about the Demised Premises of the Building, Tenant and its agents, employees, and contractors shall work in harmony with and subject to the schedule of Landlord and its agents, employees, and contractors.
3.4 Term of Lease. The term of this Lease shall be for a period of five (5) years, plus a partial month, if any, at the beginning thereof, starting on the commencement date as hereinabove provided and ending on a date five (5) years (plus the partial month) later, unless otherwise terminated or extended as provided herein.
ARTICLE IV: RENT
4.1 Fixed Rent. The annual Fixed Rent for the Premises shall be as set forth in Section 1.1 above.
4.2 Commencement of Rent Payment. For the term of this Lease, Tenant shall pay said Fixed Rent at the rate per month set forth in Section 1.1 above in advance on the first day of each month. A Gross Profit report shall be provided to the Landlord by Tenant within twenty (20) days of the end of the month to determine if percentage rent is due. If percentage rent is due, it will accompany said report less the Fixed Rent already paid at the beginning of the month.
This Lease and all of its corresponding rights and obligations other than the payment of base rent or any additional rent provided for herein shall commence on the Commencement Date
The Fixed Rent and any additional rent shall commence thirty (30) days after the Commencement Date or when the store opens for business whichever comes first.
4.3 Gross Profit. “Gross Profit” shall be defined as all sales less sales tax and food cost. The Minimum Rent shall be all inclusive and include but not be limited to any and all Common Area fees, garbage collection, heating and cooling costs charged to the space by the Landlord.
[4]
ARTICLE V: RENEWAL OPTIONS
5.1 Five Renewal Periods. Tenant has the option of extending this agreement for five (5) consecutive period(s) of one (1) year (the “Maximum Renewal Period”). Tenant shall provide Landlord with written notice of its intention to renew this Agreement at least one hundred twenty (120) days prior to the expiration of the then current term.
For the purpose of this section only, notification via (facsimile) fax will be deemed sufficient, provided a copy of such notice is also sent via regular mail.
5.2 Adjustment of Fixed Rent. The terms and conditions for each renewal period shall be the same as those contained herein except the annual Minimum Rent shall be the greater of Ten (10%) percent of the Gross Profit or $14.00 per square foot during the Maximum Renewal Period and base rent payment shall be $23,128 per year or $1,927.33 per month to be offset against 10% of the Gross Profit.
ARTICLE VI: CONSTRUCTION BY LANDLORD AND TENANT
6.1 Condition of Premises. Tenant's taking possession of the Leased Premises shall be conclusive evidence of Tenant's acceptance thereof in good order and satisfactory condition. Tenant agrees that no representations respecting the condition of the Leased Premises, and that no promises to decorate, alter, repair, or improve the Leased Premises, either before or after the execution hereof, have been made by Landlord or its agent to Tenant unless the same are contained herein and made a part hereof. Any disagreement that may arise between Landlord and Tenant with reference to the work to be performed by either pursuant to Exhibit C or Exhibit D or whether such work has been properly completed shall be resolved by the decision of Landlord's architect.
6.2 Construction by Tenant. All work other than that to be performed by Landlord pursuant to Exhibit C is to be done by Tenant, in a good and professional manner, free of all mechanics liens, by contractors approved by Landlord, at Tenant's expense and in accordance with the outline description set forth in the schedule entitled "Tenant's Work" and attached hereto as Exhibit D, the Sign Criteria set forth in Exhibit E, and the plans and specifications hereinafter referred to in this §6.2. Tenant, at Tenant’s sole cost and expense, agrees to submit to Landlord, for Landlord's reasonable approval, within twenty (20) days from the date hereof, complete plans and specifications, including engineering, mechanical, and electrical work, covering Tenant's Work as described in Exhibit D in such detail as Landlord may require and in compliance with Exhibits D and E and all applicable statutes, ordinances, regulations, and codes, certified by the Landlord’s licensed registered architect.
[5]
Landlord shall review Tenant's plans and specifications and signage criteria in a timely basis and shall not unreasonably withhold its approval, which shall be granted or denied by Landlord within ten (10) days after Landlord's receipt of Tenant's complete submission. If Landlord denies approval, Tenant shall submit revised plans and specifications meeting Landlord's objection within fifteen (15) days from the date of disapproval. If such revisions are timely filed, there shall be no penalties. If either party shall be prevented or delayed from punctually performing any obligation (other than the payment of rent) or satisfying any condition contained in Exhibit C or Exhibit D, as the case may be, under this Lease by any strike, lockout, labor dispute, inability to obtain labor or materials or reasonable substitutes therefore, act of God, governmental restriction, regulation, or control, enemy or hostile governmental action, civil commotion, insurrection, sabotage, fire, or other casualty, or any other condition beyond the reasonable control of such party, then the time to perform such obligation (other than the payment of rent) or satisfy such condition shall be extended by the delay caused by such event. If either party shall, as a result of any such event, be unable to exercise any right or option within any time limit provided therefor in this Lease, such time limit shall be deemed extended for a period equal to the duration of the delay caused by such event.
6.3 Obligations of Tenant Before Lease Term Begins. Tenant shall perform diligently the Tenant’s Work contained in Exhibit D and shall complete its work not later than the time as set forth in Section 1.1 above (the “Tenant’s Work”). Tenant shall also observe and perform all of its obligations under this Lease (except its obligations to pay Fixed Minimum Rent) from the date on which the Leased Premises are made available to Tenant for its work until the Commencement Date of the Lease Term in the same manner as though the Lease Term began when the Leased Premises were so made available to Tenant.
6.4 Construction by Landlord. Landlord shall provide the leased premises to the Tenant with the improvements made as set forth on Exhibit C (the “Landlord’s Work”).
6.5 Tenant Allowance. The Landlord shall pay to the Tenant a Tenant Allowance for the installation of flooring in the Leased Premises equal to the lesser of the actual costs incurred by the Tenant for such flooring installation or the sum of thirteen ($13.00) Dollars per square foot times the square footage of the Leased Premises. Such payment shall be made within thirty (30) days of the submission of documentation by the Tenant to the Landlord showing the actual costs incurred by the Tenant in regard to the flooring installation.
ARTICLE VII: TAXES, INSURANCE, AND COMMON AREA USE
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7.1 Common Areas and Facilities. Landlord shall make available, from time to time, such areas and facilities of common benefit to the Tenants and occupants of the Landlord's Tract as Landlord shall deem appropriate. The "Common Areas," as herein referred to, shall consist of all streets, sidewalks, malls, roof, driveways, loading platforms, canopies and shelters, landscaped areas, service drives, and all other facilities available for common use, all as they may from time to time exist and be available to all the tenants in the Building and their employees, agents, customers, licensees, and invitees. Landlord may from time to time change the size, location, and nature of any Common Areas and Facilities and may make installations therein and move and remove such installations.
7.2 Use of Common Areas. Tenant and its permitted officers, employees, agents, customers, and invitees shall have the nonexclusive right, in common with Landlord and all others to whom Landlord has or may hereafter grant rights, to use the Common Areas as designated from time to time by Landlord, subject to such reasonable regulations as Landlord may from time to time impose. Tenant agrees to abide by such regulations and to use its best efforts to cause its permitted officers, employees, agents, customers, and invitees to conform thereto. Landlord may at any time close temporarily any Common Area to make repairs or changes to prevent the improper use of public rights in such and may do such other acts in and to the Common Areas as in its judgment may be desirable to improve the convenience thereof. Tenants shall not at any time interfere with the rights of Landlord and other tenants and its and their permitted officers, employees, agents, customers, and invitees to use any part of the Common Areas. Failure of Tenant to abide by Landlord's rules and regulations shall be considered to be a default by Tenant hereunder and shall entitle Landlord to exercise any of its rights and/or remedies herein set forth.
7.3 Charge for Common Area and Facilities. As used in this lease, the term "Common Area Costs" means the total of all items of expense relating to operating, managing, equipping, policing, and protecting if provided, lighting, insuring, repairing, replacing, and maintaining the utility of the Common Areas in the same condition as when originally installed. Such costs and expenses shall include, but not be limited to, the removal of snow, ice, rubbish, dirt, and debris, costs of planting, replanting, and replacing flowers and landscaping and supplies required therefor, and all costs of utilities used in connection therewith, including, but not limited to, all costs of maintaining lighting facilities and storm drainage systems, the cost for boiler and electrical apparatus insurance, the cost of a supervised fire sprinkler alarm system, and all premiums for workers' compensation insurance, wages, unemployment taxes, social security taxes, and personal property taxes, fees for required licenses and permits. Landlord shall be responsible for the payment of all costs related to the Common Area Costs.
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7.4 Tenant Seating Area. The seating area within the Leased Premises as shown on Exhibit B shall during the hours of operation of the Tenant’s business be maintained, cleaned and repaired by the Tenant at the Tenant’s sole cost and expense. During the time that the Tenant’s operation is closed for business, the Landlord and its permitted officers, employees, agents, customers, and invitees shall have the nonexclusive right, in common with Tenant and all others to whom Tenant has or may hereafter grant rights, to use the Seating Area as designated from time to time by Tenant. During the time when the Tenant’s operation is closed, the Landlord shall be responsible for the maintenance of the Seating Area, but shall not be responsible for any costs of repair.
7.5 Taxes. Tenant agrees to pay the Real Estate Taxes during the term of this Lease based on the Tenant’s Leasehold Interest in the leasehold created by the Lease, if any ,and any renewal or extension thereof, including any period during which Tenant shall transact business in the Leased Premises prior to the commencement of the term of this Lease. For the purposes of this section, the term "Real Estate Taxes" shall include all real estate taxes and assessments, both general and special, water and sewer rents (except water meter charges and sewer rent based thereon), and other governmental impositions and charges of every kind and nature whatsoever that may be assessed against the land and buildings, extraordinary as well as ordinary, foreseen and unforeseen, and each and every installment thereof that shall or may, during the Lease Term, be levied, assessed, or imposed or become due and payable, or liens on, or arising in connection with, the use, occupancy, or possession of the Building or any part thereof, and all costs incurred by Landlord in contesting or negotiating any of these with any governmental authority.
Nothing herein contained shall be construed to include as a tax that shall be the basis of Real Estate Taxes any inheritance, estate, succession, transfer, gift, franchise, corporation, income, or profit tax or capital levy that is or may be imposed on Landlord; provided, however, that, if at any time during the Lease Term the methods of taxation prevailing at the commencement of the Lease Term shall be altered so that in lieu of or as a substitute for the whole or any part of the taxes now levied, assessed, or imposed on real estate as such, there shall be levied, assessed, or imposed (a) a tax on the rents received from such real estate, (b) a license fee measured by the rents receivable by Landlord from the Building or any portion thereof, or (c) a tax or license fee imposed on Landlord that is otherwise measured by or based in whole or in part on the Building or any portion thereof, then the same shall be included in the computation of Real Estate Taxes hereunder, computed as if the amount of such tax or fee so payable were that due if the Building were the only property of Landlord subject thereto.
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7.6 Insurance. Tenant shall procure and maintain in full force, at its expense, during the term of this Lease Agreement, and any extension thereof, public liability insurance which shall be adequate to protect against liability for damage claims through public use of or arising out of any accident occurring in or around the Premises, in a minimum amount of two million ($2,000,000.00) dollars and four million ($4,000,000.00) million aggregate. Landlord shall be an additional named insured in such policy and Tenant shall furnish Tenant with a Certificate of Insurance with reference to the same.
Tenant is responsible for its own insurance to cover its own contents located in the Premises, and all of the personal property and equipment included in the Premises. Landlord shall not be liable for any damage to the property or person of any of the Tenant's officers, employees, agents, invitees or guests from perils customarily covered by fire and extended coverage insurance, liability insurance or acts of God. It is agreed that Landlord shall be responsible for fire and extended coverage for the Premises by a responsible insurance company authorized to do extended coverage Insurance in the state in which the Building is located. Tenant shall maintain fire insurance and extended coverage on the interior of the Premises in an amount which is adequate to cover the cost of equipment and trade fixtures.
ARTICLE VIII: UTILITY SERVICE
8.1 Utilities. Tenant agrees that throughout the term of this Lease, it will pay for and provide its own water meter, and other meters for gas, if used, electricity, telephone , cable and all other utilities, and Tenant further agrees that it will pay all water and sewage charges imposed by government authority or otherwise, excluding all "tap-in", "hook-up", and connection or impact fees.
ARTICLE IX: TENANT'S ADDITIONAL COVENANTS
9.1 Affirmative Covenants. Tenant covenants, at its expense, at all times during the Lease Term and such further time as Tenant occupies the Leased Premises or any part thereof as follows:
A. To perform promptly all of the obligations of Tenant set forth in this Lease, and to pay when due the Fixed Minimum Rent and all charges, rates, and other sums that by the terms of this Lease are to be paid by Tenant, without any setoffs whatsoever.
B. To use the Leased Premises only for the Permitted Uses; to operate its business in the Leased Premises under Tenant's Trade Name provided in §1.1; and to conduct its business at all times in a high-grade and reputable manner so as to produce the maximum volume of sales and transactions and to help establish and maintain a high reputation for the Building.
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C. To refer to the Building by its name in designating the location of the Leased Premises in all newspaper or other advertising, stationery, other printed material and all other references to location; to include the address and identity of its business activity in the Leased Premises in all advertisements made by Tenant in which the address and identity of any other business activity of like character conducted by Tenant within the Metropolitan Area shall be mentioned; and to use in such advertising only the Tenant's trade name provided in § 1.1.
D. Except when and to the extent that the Leased Premises are untenantable by reason of damage by fire or other casualty, to use and continuously operate for retail sales purposes all of the Leased Premises other than such minor portions thereof as are reasonably required for storage and office purposes; to use such storage and office space only in connection with the business conducted by Tenant in the Leased Premises; to furnish and install all trade fixtures that shall at all times be suitable and proper for carrying on Tenant's business; to carry a full and complete stock of seasonable merchandise offered for sale at competitive prices; to maintain adequate trained personnel for efficient service to customers; and to open for business and remain open during the entire Lease Term on all business days, including such evenings and during such business hours as shall be agreed to between the Landlord and Tenant.
E. To store in the Leased Premises only such merchandise as is to be offered for sale at retail within a reasonable time after receipt; to store all trash and refuse in adequate containers within the Leased Premises, which Tenant shall maintain in a neat and clean condition and so as not to be visible to members of the public shopping in the Building and so as not to create any health or fire hazard, and to attend to the daily disposal thereof in the manner designated by Landlord; to keep all drains inside the Leased Premises clean; to receive and deliver goods and merchandise only in the manner and at such times and in such areas as may be designated by Landlord; and to conform to all rules and regulations that Landlord may make in the management and use of the Building requiring such conformance by Tenant's employees. If the Leased Premises are used for the sale of food for consumption, such as for a restaurant or snack bar, Tenant shall store all trash, refuse, and garbage in a garbage storeroom or compartment that Tenant shall install and keep in repair at its sole expense.
F. (1) Throughout the term of this Lease, at Tenant's sole cost and expense, to take good care of the Demised Premises and the pipes, plumbing, glass, store fronts, electric wiring, , machinery, fixtures, appliances, and appurtenances belonging thereto installed for the use or used in connection with the Demised Premises and, at Tenant's own expense, by contractors or mechanics approved by Landlord, to make as and when needed all repairs in or about the Demised Premises and in and to all
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such equipment, fixtures, appliances, and appurtenances necessary to keep them in good order and condition.
When used in this Lease, the term "repairs" shall include all replacements, renewals, alterations, additions, and betterments. All repairs made by Tenant shall be equal in quality and class to the original work.
(2) As used in this Article and Article X, the expression "exterior walls" shall not be deemed to include store front or store fronts, plate glass, window cases, window frames, doors, or door frames. It is understood and agreed that Landlord shall be under no obligation to make any repairs, alterations, renewals, replacements, or improvements to and on the Demised Premises or the mechanical equipment exclusively serving the Demised Premises at any time except as in this Lease expressly otherwise provided.
G. To make all repairs, alterations, additions, or replacements to the Leased Premises, whether interior or exterior or structural or non-structural, required by any law or ordinance or any order or regulation of any public authority because of Tenant's use of the Leased Premises; to keep the Leased Premises equipped with all safety appliances so required because of such use; to procure any license and permits required for any such use; and to comply with the orders and regulations of all governmental authorities.
H. If the Demised Premises are or become infested with vermin, to cause them to be exterminated from time to time at Tenant's expense to the satisfaction of Landlord..
I. To pay promptly when due the entire cost of any work in the Leased Premises undertaken by Tenant so that the Leased Premises shall at all times be free of liens for labor and materials; to procure all necessary permits before undertaking such work; to do all of such work in a good and professional manner, employing materials of good quality; to perform such work only with contractors and plans previously approved in writing by Landlord; to comply with all governmental requirements; and to save Landlord and Landlord's beneficiaries and agents harmless and indemnified from all injury, loss, claims, or damage to any person or property (including the cost for defending against the foregoing) occasioned by or growing out of such work
J. To save Landlord, Landlord's beneficiaries and agents, and their respective successors and assigns harmless and indemnified from all injury, loss, claims, or damage to any person or property while on the Leased Premises or any other part of the Building occasioned by an act or omission of
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Tenant, or anyone claiming by, through, or under Tenant; to maintain in responsible companies approved by Landlord public liability insurance insuring Landlord and Landlord's beneficiaries and agents, as their interests may appear, against all claims, demands, or actions for injury or death in an amount of not less than $2,000,000 and $4,000,000 in the aggregate arising out of anyone occurrence and for damage to property in an amount of not less than $250,000 arising out of anyone occurrence, made by or on behalf of any person, firm, or corporation arising from, related to, or connected with the conduct and operation of Tenant's business in the Leased Premises and anywhere on Landlord's Tract (and Landlord shall have the right to direct Tenant to increase said amounts whenever it considers them inadequate) and, in addition, and in like amounts, covering Tenant's contractual liability under the aforesaid hold-harmless clause. In the event Tenant installs its own boilers, machinery, and/or compressors within the Leased Premises, Tenant shall maintain at its expense, boiler, machinery, and/or compressor insurance coverage insuring against loss or damage to persons and/or property resulting from such items, in limits equal to the amounts hereinabove set forth. Tenant shall maintain plate glass insurance covering all exterior plate glass in the Leased Premises and fire, extended coverage, vandalism, and malicious mischief insurance and such other insurance as Landlord may from time to time require covering all of Tenant's stock in trade, fixtures, furniture, furnishings, floor coverings, and equipment in the Leased Premises to the extent of at least one hundred (100%) percent of their replacement cost. All of said insurance shall be in form and in responsible companies satisfactory to Landlord and shall provide that the insurance will not be subject to cancellation, termination, or change except after at least thirty (30) days prior written notice to Landlord. The policies or duly executed certificates for the insurance (which certificates shall evidence the insurance waiver of subrogation), together with satisfactory evidence of the payment of the premium thereon, shall be deposited with Landlord on the day Tenant begins Tenant's Work, and upon renewals of such policies, not less than thirty (30) days prior to the expiration of the term of such coverage; and that if Tenant fails to comply with such requirements, Landlord may obtain such insurance and keep it in effect and Tenant shall pay Landlord the premium cost thereof upon demand. Each such payment shall constitute additional rent payable by Tenant under this Lease, and Landlord shall not be limited in the proof of any damages that Landlord may claim against Tenant arising out of or by reason of Tenant's failure to provide and keep in force insurance as aforesaid, to the amount of insurance premium or premiums not paid or incurred by Tenant and that would have been payable on such insurance, but Landlord, in addition to any and all other rights and remedies provided Landlord under the terms of this Lease, shall also be entitled to recover as damages for such breach the uninsured amounts of any loss, to the extent of any deficiency in the insurance required by the provisions of this Lease.
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K. To waive all claims for, and to hold Landlord and Landlord's agents not liable for, damage to person or property sustained by Tenant or any person claiming through Tenant resulting from any accident or occurrence in or on the Leased Premises of the Building of which they shall be a part, or any other part of the Building, including, but not limited to, claims for damage resulting from (1) any equipment or appurtenances becoming out of repair; (2) Landlord's failure to keep said Building or the Leased Premises in repair, (3) injury done or occasioned by wind, water, or other natural elements; (4) any defect in or failure of plumbing, heating, or air conditioning equipment, electric wiring or installation thereof, gas, water and steam pipes, stairs, porches, railings, or walks; (5) broken glass; (6) the backing up of any sewer pipe or downspout; (7) the bursting, leaking, or running of any tank, tub, washstand, sprinkler system, water closet, waste pipe, drain, or any other pipe or tank in, on, or about the Building or Leased Premises; (8) the escape of steam or hot water (it being agreed that all of the foregoing are under the control of Tenant); (9) water, snow, or ice being on or coming through the roof, skylight, trapdoor, stairs, walks, or any other place on or near the Building or the Leased Premises or otherwise; (10) the falling of any fixtures, plaster, or stucco; and (11) any act, omission, or negligence of cotenants or of other persons or occupants of the Building or of adjoining or contiguous buildings or of owners of adjacent or contiguous property. Nothing herein contained shall release Landlord from liability for its own negligence.
L. After 24 hours' notice, except in case of emergency, to permit Landlord,, and its agents to enter the Leased Premises at reasonable times for the purposes of inspecting them, of making repairs, additions, or alterations thereto or to the Building in which the Leased Premises are located, and of showing the Leased Premises to prospective purchasers, lenders, and tenants.
M. To remove, at the termination of this Lease, provided Tenant is not in default, such of Tenant's moveable trade fixtures and other personal property as are not permanently affixed to the Leased Premises; to remove such of the alterations and additions and signs made by Tenant as Landlord may request; to repair any damage caused by such removal; and peaceably to yield up the Leased Premises and all alterations and additions thereto (except such as Landlord has requested Tenant to remove) and all fixtures, furnishings, floor coverings, and equipment that are permanently affixed to the Leased Premises, including carpet, which for the purpose of this Lease shall be deemed to be permanently affixed to the Leased Premises, which shall thereupon become the property of Landlord, in clean and good order, repair, and condition, damage by fire or other unavoidable casualty excepted. Any personal property of Tenant not removed within five (5) days following such termination shall, at Landlord's option, become the property of Landlord.
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N. Except as otherwise provided herein, to remain fully obligated under this Lease notwithstanding any assignment or sublease or any indulgence granted by Landlord to Tenant or to any assignee or sublessee.
O. (1) Prior to the Commencement Date and thereafter throughout the term of this Lease, to promptly comply, at Tenant's sole cost and expense, with all present and future laws, ordinances, orders, rules, regulations, and requirements of all federal, state, municipal, and local governments, departments, commissions, boards, and officers, and all orders, rules, and regulations of the National Board of Fire Underwriters, the local Board of Fire Underwriters, or any other body or bodies exercising similar functions, foreseen or unforeseen, ordinary as well as extraordinary, that may be applicable to the Demised Premises and to all or any parts thereof and/or any and all facilities used in connection therewith and the sidewalks, areaways, passageways, curbs, and vaults, if any, adjoining the Demise Premises, or to the use or manner of use of the Demised Premises, or the owners, tenants, or occupants thereof, whether or not any such law, ordinance, order, rule, regulation, or requirement shall interfere with the use and enjoyment of the Demised Premises. Tenant shall not be required to make structural repairs or alterations unless it has by its use of the Demised Premises or method of operation therein violated any such laws, ordinances, orders, rules, regulations, or requirements.
(2) To likewise observe and comply with the requirements of all policies of public liability, fire, and other insurance at any time in force with respect to the Demised Premises or any part thereof.
(3) To pay all costs, expenses, claims, fines, penalties, and damages that may in any manner arise out of or be imposed because of the failure of Tenant to comply with the provisions of this Article VIII, and in any event to indemnify Landlord against all liability; and to promptly give notice to Landlord of any notice of violation received by Tenant and, without diminishing the obligation of Tenant, if Tenant shall at any time after five days' notice by Landlord fail or neglect to comply or commence to comply as expeditiously as is reasonably feasible with any of said laws, rules, requirements, orders, directions, ordinances, or regulations concerning or affecting the Demised Premises, or the use and occupancy thereof, as hereinbefore provided, and, if a stay is necessary, shall have failed to obtain a stay or continuance thereof, Landlord shall be at liberty to comply therewith, and all expenses consequent thereon shall be borne and paid by Tenant, and upon Tenant's failure so to pay, Landlord may pay the expenses, and any payments so made by
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Landlord, together with the interest thereon, shall immediately become due and payable by Tenant as additional rent.
P. To comply with all further rules and regulations for the use and occupancy of the Building as Landlord, in its sole discretion, from time to time promulgates for the best interests of the Building and to hold Landlord harmless from liability for violation by any other tenant of the Building of any rules or regulations, and no such violation or the waiver thereof excuses Tenant from compliance.
9.2. Negative Covenants. Tenant covenants at all times during the Lease Tern and such further time as Tenant occupies the Leased Premises or any part thereof as follows:
A. Not to injure, overload, deface, or otherwise harm the Leased Premises; commit any nuisance; unreasonably annoy owners or occupants of neighboring property, use the Leased Premises for any extra-hazardous purpose or in any manner that will suspend, void, or make inoperative any policy or policies of insurance of the kind generally in use in the State of Illinois at any time carried on any improvement within the Building, or in any manner that will increase the cost of any of Landlord's insurance; burn any trash or refuse within the Building; sell, display, distribute, or give away any product that tends to create a nuisance in the common areas; make any use of the Leased Premises that is improper, offensive, or contrary to any law or ordinance or any regulation of any governmental authority, conduct or permit any going-out-of-business, bankruptcy, fire, or auction sales on the Leased Premises; use any system for the reception of music that has not been approved by Landlord; use any advertising such as handbills, flashing lights, searchlights, loudspeakers, phonographs, sound amplifiers, or radio or television receiving equipment in a manner to be seen or heard outside the Leased Premises; load, unload, or park any truck or other delivery vehicle in any area of the Building other than the area or areas designated therefor by Landlord; use any sidewalks, walkways, malls, or common areas in the Building for the storage or disposal of trash or refuse or the keeping or displaying of any merchandise or other object, including, but not limited to, the use of any of the foregoing for any newsstand, cigar or cigarette stand, sidewalk shop, or business occupation or undertaking (such uses of such areas being reserved for Landlord and its designees); place any fence, structure, barricade, building, improvement, division rail, or obstruction of any type or kind on any part of the Common Areas; use the malls, courts, and walks for any purpose other than pedestrian traffic; install or use any sign or other advertising device on the exterior of the Leased Premises, other than a store identity sign approved by Landlord for use on the exterior of the Leased Premises; nor do any act tending to injure the reputation of the Building.
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B. Not to make any alterations or additions, nor permit the making of any holes in the walls, partitions, ceilings, or floors or the painting or placing of any exterior signs, placards, or other advertising media, awnings, aerials, antenna, or the like, without on each occasion obtaining the prior written consent of Landlord, and not to attach temporary interior signs, placards, or other advertising media to the windows or locate such items in such manner as to materially obstruct the view of Tenant's store from the outside. Subject to the Landlord’s approval, Tenant may display permanent signs with the Subway name or logo in the windows. Notwithstanding anything to the contrary, Tenant may use the Franchisor's Metro Design interior decor.
C. Not to operate any coin- or token-operated vending machine or similar device for the sale of any goods, wares, merchandise, food, beverages, or services to the general public, including, but not limited to, pay telephones, pay lockers, pay toilets, scales, amusement devices, and machines for the sale of beverages, food, candy, cigarettes, or other commodities.
D. Except as otherwise provided herein, not to assign, sell, mortgage, pledge, or in any manner transfer this Lease or any interest therein, by operation of law or otherwise, or sublet the Leased Premises or any part or parts thereof, or permit occupancy by anyone with, through, or under it. If Tenant requests Landlord's consent to an assignment of the Lease or to a sublease of the Leased Premises, Landlord may, in lieu of granting such consent or reasonably withholding it, require that Tenant cause the proposed assignee or sublessee to enter into a direct lease with Landlord on the proposed terms of the assignment or sublease. If a subtenant of the Leased Premises pays rent to Tenant in excess of the amount due hereunder, the entire excess shall be paid to Landlord as additional rent.
E. Not to operate or use, or permit or suffer to be operated or used, all or any part of the Leased Premises as or for a discount house, Army-Navy store, surplus store, bargain store, or any similar use; or to use, or permit any subtenant of Tenant to use, any sidewalks in the Building for any newsstand, cigar stand, sidewalk shop, taxi stand, or other business, occupation, or undertaking without the prior written consent of Landlord.
F. Not to permit the sale, distribution, display, or offer for sale of any roach clip, water pipe, bong, cocaine spoon, cigarette papers, hypodermic syringe, or other paraphernalia commonly used with the consumption of illegal drugs.
G. Not to suffer any mechanics lien to be filed against the Leased Premises or the Building by reason of any work, labor, services, or materials performed at or furnished to the Leased
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Premises, to Tenant, or to anyone holding the Leased Premises through or under Tenant. If any such mechanics lien shall at any time be filed, Tenant shall forthwith cause it to be discharged of record by payment, bond, order of a court of competent jurisdiction, or otherwise, but Tenant shall have the right to contest any and all such liens, provided security satisfactory to Landlord is deposited with it. If Tenant shall fail to cause such a lien to be discharged or bonded over or protected against by other procedure deemed reasonably appropriate by Landlord within sixty (60) days after being notified of the filing thereof and before judgment or sale thereunder, then, in addition to any other right or remedy of Landlord, Landlord may, but shall not be obligated to, discharge the lien by paying the amount claimed to be due or by bonding or other proceeding deemed appropriate by Landlord, and the amount so paid by Landlord and/or all costs and expenses, including reasonable attorneys' fees, incurred by Landlord in procuring the discharge of such lien shall be deemed to be additional rent and together with interest thereon as provided in § 13.14 shall be due and payable by Tenant to Landlord on the first day of the next following month. Nothing contained in this Lease shall be construed as consent on the part of Landlord to subject Landlord's estate in the Leased Premises to any lien or liability under the Mechanics Lien Act of the State of Illinois.
ARTICLE X: LANDLORD'S ADDITIONAL COVENANTS
10.1 Repairs by Landlord. Landlord covenants at its expense to keep the foundations of the Leased Premises and the structural soundness of the concrete floors and exterior walls (as defined in § 9.1 F.(2)) thereof in good order, repair, and condition, unless any necessary work is required because of damage not fully covered by insurance caused by any act, omission, or negligence of Tenant, any permitted concessionaire, or their respective employees, agents, invitees, licensees, or contractors. Landlord shall not be required to commence any such repair until a reasonable time after written notice from Tenant that the repair is necessary. The provisions of this paragraph shall not apply in the case of damage or destruction by fire or other casualty or a taking under the power of eminent domain, in which events the obligations of Landlord shall be controlled by Article XI. Except as provided in this §10.1, all other repairs, replacements, or improvements to the Leased Premises shall be the responsibility of Tenant.
10.2 Quiet Enjoyment. Landlord covenants that Tenant, upon paying the rent and performing Tenant's obligations in this Lease, shall peacefully and quietly have, hold, and enjoy the Leased Premises throughout the Lease Term or until it is terminated as in this Lease provided.
10.3 Hold Harmless. Landlord shall save Tenant and Tenant's successors and permitted assigns harmless and indemnified from all injury, loss, claims, or damage to any person or property while in any
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ARTICLE XI: DAMAGE OR TAKING AND RESTORATION
11.1 Fire, Explosion, or Other Casualty. In the event the Leased Premises are damaged by fire, explosion, or any other insured casualty to an extent that is less than fifty (50%) percent of the cost of replacement of the Leased Premises, the damage shall be repaired by Landlord at Landlord's expense within a reasonable time period thereafter, provided that Landlord shall not be obligated to expend for such repair an amount in excess of the insurance proceeds recoverable as a result of such damage and that in no event shall Landlord be required to repair or replace Tenant's stock in trade, fixtures, furniture, furnishings, floor coverings, and equipment. If there is any such damage and (a) Landlord is not required to repair as hereinafter provided, (b) the Leased Premises shall be damaged to the extent of fifty (50%) percent or more of the cost of replacement, (c) the building of which the Leased Premises are a part is damaged to the extent of twenty-five (25%) percent or more of the cost of replacement notwithstanding the extent of damage to the Leased Premises, or (d) the buildings (taken in the aggregate) in the Building shall be damaged to the extent of more than twenty-five (25%) percent of the aggregate cost of replacement, Landlord may elect either to repair or to rebuild the Leased Premises or the building or buildings or to terminate this Lease upon giving notice of such election in writing to Tenant within sixty (60) days after the occurrence of the event causing the damage. Landlord shall give Tenant an estimate of the time required to complete such repairs within sixty (60) days of the date of the casualty. If such estimate exceeds one hundred eighty (180) days, Tenant shall have the right by written notice given within ten (10) days of the date of receipt of the estimate to terminate this Lease. If the casualty, repairing, or rebuilding shall render the Leased Premises untenantable, in whole or in part, and the damage shall not have been due to the default or neglect of Tenant, a proportionate abatement of the Fixed Minimum Rent shall be allowed from the date when the damage occurred until the date Landlord completes its work, said proration to be computed on the basis of the relation that the gross square foot area of the space rendered untenantable bears to the floor space of the Leased Premises. If Landlord is required or elects to repair the Leased Premises as herein provided, Tenant shall repair or replace its stock in trade, fixtures, furniture, furnishings, floor coverings, and equipment and, if Tenant has closed, Tenant shall promptly reopen for business.
11.2 Eminent Domain. If the whole of the Leased Premises shall be taken by any public authority under the power of eminent domain, the Lease Term shall cease as of the day of possession shall be taken by such public authority, and Tenant shall pay rent up to that date with an appropriate refund by Landlord
[18] of such rent as may have been paid in advance for any period subsequent to the date possession is taken. If less than all of the floor area of the Leased Premises shall be so taken, the Lease Term shall cease only on the parts so taken as of the day possession shall be taken by such public authority, and Tenant shall pay rent up to that day with appropriate refund by Landlord of such rent as may have been paid in advance for any period subsequent to the date possession is taken, and thereafter the Fixed Minimum Rent shall be equitably adjusted. Landlord shall at its expense make all necessary repairs or alterations to the basic building and exterior work so as to constitute the remaining premises a complete architectural unit, provided that Landlord shall not be obligated to undertake any such repairs and alterations if the cost thereof exceeds the award. If the floor area of the Leased Premises so taken leaves space no longer suitable for the purposes set forth in this Lease, then the Lease Term shall cease and Tenant shall pay rent up to the day possession is taken, with an appropriate refund by Landlord of such rent as may have been paid in advance for any period subsequent to the date of the taking of possession. If more than twenty-five (25%) percent of the floor area of the building in which the Leased Premises are located, or more than twenty-five (25%) percent of the aggregate floor area of all the buildings in the Landlord's Tract shall be taken under the power of eminent domain, Landlord may, by notice in writing to Tenant delivered on or before the day of surrendering possession to the public authority, terminate this Lease, and rent shall be paid or refunded as of the date of termination. All compensation awarded for any taking under the power of eminent domain, whether for the whole or a part of the Leased Premises, shall be the property of Landlord, whether such damages shall be awarded as compensation for diminution in the value of the leasehold or to the fee of the Leased Premises (I" otherwise, and Tenant hereby assigns to Landlord all of the Tenant's rights, title, and interest in and to any and all such compensation; provided, however, that Landlord shall not be entitled to any award specifically made to Tenant for the taking of Tenant's trade fixtures, furniture, or leasehold improvements to the extent of the cost to Tenant of said improvements (exclusive of Landlord's contribution), less depreciation computed from the date of said improvements to the expiration of the original term of this Lease.
ARTICLE XII: DEFAULTS BY TENANT REMEDIES
12.1 Events of Default. Default shall take place if anyone or more of the following events (here sometimes called "events of default") shall happen:
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A. If default shall be made in the due and punctual payment of any rent or additional rent payable under this lease or any part thereof, when and as it shall become due and payable, and such default shall continue for a period of ten (10) days after written notice from Landlord to Tenant specifying the items in default.
B. If default shall be made by Tenant in the performance of or compliance with any of the agreements, terms, covenants, or conditions in this Lease provided other than those referred to in the foregoing paragraph A of this section for a period of thirty (30) days after written notice from Landlord to Tenant specifying the items in default, or in the case of a default or a contingency that cannot with due diligence be cured within the thirty (30) day period, Tenant fails to proceed within the thirty (30) day period to cure the default and thereafter to prosecute the curing of such default with due diligence (it being intended in connection with a default not susceptible of being cured with due diligence within the thirty (30) day period that the time of Tenant within which to cure it shall be extended for such period as may be necessary to complete the curing of the default with all due diligence).
C. If Tenant shall file a voluntary petition in bankruptcy or shall be adjudicated a bankrupt or insolvent, or shall file any petition or answer seeking any reorganization, arrangement, composition, readjustment, liquidation, dissolution, or similar relief under the present or any future federal Bankruptcy Code or any other present or future federal, state, or other bankruptcy or insolvency statute or law, or shall seek or consent to or acquiesce in the appointment of any bankruptcy or insolvency trustee, receiver, or liquidator of Tenant or of all or any substantial part of its properties or of the Demised Premises, and if such condition shall continue for a period of twenty (20) days after notice from Landlord specifying the matter involved.
D. If within thirty (30) days after the commencement of any proceeding against Tenant seeking any reorganization, arrangement, composition, readjustment, liquidation, dissolution, or similar relief under the present or any future federal Bankruptcy Code or any other present or future federal, state, or other bankruptcy or insolvency statute or law, such proceeding shall not have been dismissed within twenty (20) days after notice (to be given not before the expiration of said thirty (30) day period) from Landlord to Tenant of an intention to terminate this Lease for failure to remove the condition in question or if, within ninety (90) days after the appointment, without the consent or acquiescence of Tenant, of any trustee, receiver, or liquidator of Tenant or of all or substantially all of its properties or of the Demised Premises, such appointment shall not have been vacated or stayed on appeal or otherwise, or if, within 90 days after the expiration of any such stay, such appointment shall
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not have been vacated within twenty (20) days after notice (to be given not before the expiration of said ninety (90) day period) from Landlord to Tenant of an intention to terminate this lease for failure to remove the condition in question.
In any such event Landlord at any time thereafter may give written notice to Tenant specifying such event of default or events of default and stating that this Lease and the term hereby demised shall expire and terminate on the date specified in such notice, which shall be at least ten days after the giving of such notice, and upon the date specified in such notice this Lease and the term hereby demised and all rights of Tenant under this Lease, including any renewal privileges whether or not exercised, shall expire and terminate, and Tenant shall remain liable as hereinafter provided.
12.2 Limitation on Termination for Bankruptcy. Any such proceeding or action involving bankruptcy, insolvency, reorganization, arrangement, composition, readjustment, liquidation, dissolution, or similar relief under the present or any future federal Bankruptcy Code or any other present or future applicable federal, state, or other statute or law set forth in paragraphs C and D of §11.1 hereof shall be grounds for the termination of this Lease pursuant to the terms of this Article only when such proceeding, action, or remedy shall be taken or brought by or against the then holder of the leasehold estate under this Lease.
12.3 Surrender of Premises. Upon any such expiration or termination of this Lease, Tenant shall quit and peacefully surrender the Demised Premises to Landlord, and Landlord, upon or at any such expiration or termination, may, without further notice, enter on and reenter the Demised Premises and possess and repossess itself thereof by force, summary proceedings, ejectment, or otherwise and may dispossess Tenant and remove Tenant and all other persons and property from the Demised Premises and may have, hold, and enjoy the Demised Premises and the right to receive all rental income of and from them.
12.4 Reletting the Premises. If this Lease shall be terminated pursuant to this Article XI, or by summary proceedings or otherwise, or if the Demised Premises or any part thereof shall be abandoned by Tenant or shall become vacant during the term hereof, Landlord may in its own name, or as agent for Tenant if this Lease is not terminated, or if this Lease is terminated, in its own behalf, relet the Demised Premises or any part thereof, or said premises with additional premises, for such term or terms (which may be greater or less than the period that would otherwise have constituted the balance of the term of this Lease) and on such conditions (which may include concessions or free rent and alterations of the Demised Premises) as Landlord, in its uncontrolled discretion, may determine and may collect and
[21] receive the rents therefor. Landlord shall in no way be responsible or liable for any failure to relet the Demised Premises or any part thereof, or for any failure to collect any rent due upon such reletting, provided Landlord uses commercially reasonable efforts to mitigate damages under this Lease. Landlord acknowledges that Tenant shall have the right to close the business temporarily, for not more than One Hundred Twenty (120) Days, in order to retake the premises from the Franchisee.
12.5 Obligations of Tenant. No such expiration or termination of this Lease, or summary proceedings, abandonment or vacancy, shall relieve Tenant of its liability and obligation under this Lease, whether or not the Demised Premises shall be relet. In any such event, Tenant shall pay Landlord the rent and all other charges required to be paid by Tenant up to the time of such event. Thereafter:
A. (1) Tenant, until the end of the term of this Lease, or what would have been such term in the absence of any such event, shall be liable to Landlord, as damages for Tenant's default, for the equivalent of the amount of the rent and the other rent and charges that would be payable under this Lease by Tenant if this Lease were still in effect, less the net proceeds of any reletting effected pursuant to the provisions of § 11.4, after deducting all of Landlord's expenses in connection with such reletting, including, without limitation, all repossession costs, brokerage and management commissions, operating expenses, legal expenses, reasonable attorneys' fees, alteration costs, and expenses of preparation for such reletting.
(2) Tenant shall pay such current damages (herein called "deficiency") to Landlord monthly on the days on which the rent would have been payable under this Lease if this Lease were still in effect, and Landlord shall be entitled to recover from Tenant each monthly deficiency as it shall arise.
B. (1) At Landlord's option, Landlord may terminate the Lease and become entitled to recover from Tenant as damages an amount equal to the difference between the rent and additional rent reserved in this Lease from the date of such breach to the date of the expiration of the original term demised and the then fair and reasonable rental value of the premises for the same period. Said damages shall become due and payable to Landlord immediately upon such breach of this Lease and without regard to whether this Lease is terminated or not, and if this Lease is terminated, without regard to the manner in which it is terminated. In the computation of such damages, the difference between any installment of rent thereafter becoming due and the fair and reasonable rental value of the premises for the period for which such installment was payable shall be discounted to the date of such breach at the rate of not more than four percent per annum.
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(2) If and as long as the term of this Lease shall continue, the rent reserved herein for the unexpired term of the Lease shall be reduced by the amount of such damages as may be paid to Landlord, such reduction being applied proportionately to each installment of rent thereafter becoming due. During the continuance of the Lease after such a breach and until such damages are paid to Landlord, the whole amount of each installment of rent herein reserved shall be due and payable at the time herein specified, and if, by reason of the subsequent payment of liquidated damages, and the resulting reduction in rental, Landlord shall have received a sum in excess of all installments, as so reduced, becoming due after the breach and before the collection of such damages, such excess shall be refunded upon the receipt of such liquidated damages.
If the Demised Premises or any part thereof is relet by Landlord for the unexpired term of this Lease, or any part thereof, before presentation of proof of such liquidated damages to any court, commission, or tribunal, the amount of rent reserved upon such reletting shall prima facie be the fair and reasonable rental value for the part or the whole of the premises so relet during the term of the reletting. Nothing herein contained shall limit or prejudice the right of Landlord to prove and obtain, as liquidated damages by reason of such termination, an amount equal to the maximum allowed by any statute or rule of law in effect at the time when, and governing the proceedings in which, such damages are to be proved, whether such amount is greater ban, equal to, or less than the amount of the difference referred to above.
If this Lease is terminated by summary proceedings or otherwise, or if the premises are abandoned or become vacant, and whether or not the premises are relet, Landlord shall be entitled to recover from Tenant, and Tenant shall pay to Landlord, in addition to any damages becoming due under this Article 11, the following: an amount equal to all expenses, if any, including reasonable attorneys' fees, incurred by Landlord in recovering possession of the Demised Premises and all reasonable costs and charges for the care of said premises while vacant, which damages shall be due and payable by Tenant to Landlord at such time or times as such expenses are incurred by Landlord.
If this Lease is terminated in any manner whatsoever, or if there is any breach of this Lease specified in paragraphs C and D of §12.1, then and in either of such events Tenant covenants and agrees, any other covenant in this lease notwithstanding,
a. that the premises shall be in the same condition as that in which Tenant has agreed to surrender them to Landlord at the expiration of the term hereof,
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b. that Tenant, on or before the occurrence of any such event, shall perform any covenant contained in this Lease for the making of any improvements, alterations, or betterment to the premises, or for restoring or rebuilding any part thereof, and
c. that, for the breach of any covenant above stated, Landlord shall be entitled to recover and Tenant shall pay, ipso facto, without notice or other action by Landlord, the then cost of performing such covenant, less interest thereon at the rate of four percent per annum for the period between the occurrence of any such event and the time when any such work or act, the cost of which is computed, should have been performed under the other provisions of this Lease had such event not occurred.
12.6 Tenant's Waiver of Notice and Right of Reentry. Tenant hereby expressly waives, as far as permitted by law, the service of any notice of intention to reenter provided for in any statute, and except as is herein otherwise provided, Tenant, for and on behalf of itself and all persons claiming through or under Tenant (including any leasehold mortgagee or other creditor), also waives any and all right of redemption or reentry or repossession in case Tenant shall be dispossessed by a judgment or by warrant of any court or judge, in case of reentry or repossession by Landlord, or in case of any expiration or termination of this Lease. The terms "enter," "reenter" or "reentry" as used in this Lease are not restricted to their technical legal meanings.
12.7 Waiver by Landlord. No failure by Landlord to insist on the strict performance of any agreement, term, covenant, or condition hereof or to exercise any right or remedy consequent upon a breach thereof, and no acceptance of full or partial rent during the continuance of any such breach, shall constitute a waiver of any such breach or of such agreement, term, covenant, or condition. No agreement, term, covenant, or condition hereof to be performed or complied with by Tenant, and no breach thereof, shall be waived, altered, or modified except by a written instrument executed by Landlord. No waiver of any breach shall affect or alter this lease, but each and every agreement, term, covenant, and condition hereof shall continue in full force and effect with respect to any other then existing or subsequent breach thereof.
12.8 Landlord's Right To Involve Other Remedies. In the event of any breach or threatened breach by Tenant of any of the agreements, terms, covenants, or conditions contained in this Lease, Landlord shall be entitled to enjoin such breach or threatened breach and shall have the right to invoke any right and remedy allowed at law, in equity, by statute or otherwise as though reentry, summary proceedings, and other remedies were not provided for in this Lease.
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For good and valuable consideration, Landlord agrees to the following provision: In the event of a default by the Tenant, Landlord acknowledges an affirmative duty to mitigate damages and shall in no event accelerate rent due to the remainder of the term. Notwithstanding any provision in this Lease to the contrary, Landlord and Tenant agree that Tenant's liability upon default shall not exceed: (a) twelve (12) months base rent; (b) base rent for the remainder of the term; or (c) forty thousand dollars ($40,000.00), whichever is less. Upon the termination of this Lease, whether in accordance with this section or otherwise, Tenant shall be permitted access to the Premises to remove any and all logo or trademark items. Such items shall include, but shall not be limited to, signage and murals.
12.9 Cumulative Nature of Rights and Remedies. Each right and remedy provided for in this Lease shall be cumulative and shall be in addition to every other right or remedy provided for in this Lease or now or hereafter existing at law or in equity or by statute or otherwise, and the exercise or beginning of the exercise by Landlord or Tenant of anyone or more of the rights or remedies provided for in this Lease or now or hereafter existing at law or in equity or by statute or otherwise shall not preclude the simultaneous or later exercise by the party in question of any or all other rights or remedies provided for in this Lease or now hereafter existing at law or in equity or by statute or otherwise.
12.10 Holdover by Tenant. In the event Tenant remains in possession of the Leased Premises after the expiration of the tenancy created hereunder, and without the execution of a new lease, Tenant, at the option of Landlord, shall be deemed to be occupying the Leased Premises as a tenant from month to month, at - one and a half times the Fixed Minimum Rent, subject to all the other conditions, provisions, and obligations of this Lease insofar as they are applicable to a month-to-month tenancy.
12.11 Landlord's Right To Cure Defaults. Landlord may, but shall not be obligated to, cure, at any time, without notice, any default by Tenant under this Lease, and whenever Landlord so elects, all costs and expenses incurred by Landlord, including, without limitation, reasonable attorneys' fees together with interest on the amount of costs and expenses so incurred, shall be paid by Tenant to Landlord on demand. If not paid forthwith, Landlord may (in addition to all other remedies otherwise available to Landlord, including the right of termination) deduct such costs and expenses from Landlord's Contribution to Tenant's Work as set forth in § 1.1
ARTICLE XIII: MISCELLANEOUS PROVISIONS
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13.1 Mutual Waiver of Subrogation Right. Whenever (a) any loss, cost, damage, or expense resulting from fire, explosion, or any other casualty or occurrence is incurred by either of the parties to this Lease in connection with the Leased Premises, and (b) such party is then covered in whole or in part by insurance with respect to such loss, cost, damage, or expense, then the party so insured hereby releases the other party from any liability it may have on account of such loss, cost, damage, or expense to the extent of any amount recovered by reason of such insurance and waives any right of subrogation, but this provision shall not be operative in any case in which the effect thereof is to invalidate such insurance coverage or increase the cost thereof.
13.2 Passageways, etc. No permanent or temporary revocations or modifications of any license, permit, or privilege to occupy, use, or maintain any passageway or structure in, over, or under any street or sidewalk, nor any permanent or temporary deprivation of any existing right, privilege, or easement appurtenant to the Demised Premises, shall operate as or be deemed an eviction of Tenant or in any way terminate, modify, diminish, or abate the obligation of Tenant to pay the full rent and additional rent as in this Lease provided and to perform each and every covenant thereof.
13.3 Adjacent Excavation-Shoring. If an excavation shall be made on land adjacent to the Demised Premises, or shall be authorized to be made, Tenant shall afford to the person causing or authorized to cause such excavation license to enter on the Demised Premises for the purpose of doing such work as that person shall deem necessary to preserve the wall or the building of which the Demised Premises form a part from injury or damages and to support the structure by proper foundations without any claim for damages or indemnity against Landlord or diminution or abatement of rent.
13.4 Tenant's Conflicts. Tenant hereby covenants, warrants, and represents that by executing this Lease and by the operation of the Demised Premises under this Lease, it is not violating, has not violated, and will not be violating any restrictive covenant or agreement contained in any other Lease or contract affecting Tenant or any affiliate, associate, or any other person or entity with whom or with which Tenant is related or connected financially or otherwise. Tenant hereby covenants and agrees to indemnity and save harmless Landlord, any future owner of the fee or any part thereof, and any mortgagee thereof against and from all liabilities, obligations, damages, penalties, claims, costs, and expenses, including attorneys' fees, paid, suffered, or incurred by them or any of them as a result of any breach of the foregoing covenant. Tenant's liability under this covenant extends to the acts and omissions of any subtenant and any agent, servant, employee, or licensee of any subtenant of Tenant.
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13.5 Notices from One Party to the Other. Any notice or demand from Landlord to Tenant or from Tenant to Landlord shall be mailed by registered or certified mail, return receipt requested, addressed, if to Tenant, at the address of Tenant or such other address as Tenant shall have last designated by notice in writing to Landlord, and if to Landlord, to the place then established for the payment of rent, or such other address as Landlord shall have last designated by notice in writing to Tenant. Depositing any notice required hereunder, postage prepaid, in the U.S. mail shall be conclusive evidence of such service.
13.6 Brokerage. Tenant warrants that it has had no dealings with any broker or agent in connection with this Lease other than Landlord's broker and covenants to pay, hold harmless, and indemnity Landlord from and against any and all cost, expense, or liability for any compensation, commissions, and charges claimed by any other broker or other agent with respect to this Lease or the negotiation thereof.
13.7 Gross Profit Reports. Nothing herein shall be construed as to require the Tenant to submit Tenant's financial statement(s) to the Landlord; provided, however, Tenant or Tenant’s Franchisee, Assignee and/or Sublessee shall submit to the Landlord a monthly Gross Profit Report for the operation at the Leased Premises no later than twenty (20) days following the end of the previous month which shows gross sales for the previous month less sales tax and cost of good sold as required by Section 4.2 above. In addition, when requested by the Landlord, Tenant shall submit copies of the Sales Tax Report for the Leased Premises filed with the State of Illinois for the period in question. 13.8 Relationship of the Parties. Nothing contained herein shall be deemed or construed by the parties hereto nor by any third party as creating the relationship of principal and agent, of partnership, of joint venture between the parties hereto, or any other relationship than Landlord and Tenant. Whenever herein the singular number is used, it shall include the plural, and the masculine gender shall include the feminine and neuter genders.
13.9 Estoppel Certificates. At any time and from time to time Tenant agrees, upon request in writing from Landlord, to execute, acknowledge, and deliver to Landlord a statement in writing certifying that this Lease is unmodified and in full force and effect (or if there have been modifications, that the Lease is in full force and effect as modified and stating the modifications) and the dates to which the Fixed Minimum Rent and other charges have been paid. Notwithstanding the foregoing to the contrary, in no event shall Tenant be required to submit Tenant's financial statement(s). Within fifteen (15) days of written notice from Tenant, Landlord agrees to execute and deliver to Tenant similar documents at no cost to Tenant.
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13.10 Short Form Lease. Tenant agrees not to record this Lease, and both Landlord and Tenant agree to execute, acknowledge, and deliver at any time after the date of this Lease, at the request of the other, a "short form lease" suitable for recording, setting forth those items, except rental, contained herein.
13.11 Applicable Law and Construction. The laws of the State of Illinois shall govern the validity, performance, and enforcement of this Lease. Whenever a period of time is provided in this Lease for Landlord to do or perform any act or thing, Landlord shall not be liable or responsible for any delays due to strikes, lockouts, casualties, acts of God, war, governmental regulation or control, or other causes beyond the reasonable control of Landlord, and n any such event said time period shall be extended for the amount of time Landlord is so delayed. The invalidity or the inability to enforce any provision of this Lease shall not affect or impair any other provision. The headings of the several articles contained herein are for convenience only and do not define, limit, or construe the contents of such articles.
13.12 Execution of Lease by Landlord and Landlord's Exculpation. Employees or agents of Landlord, have no authority to make or agree to make a lease or any other agreement or undertaking in connection herewith. The submission of this document for examination and negotiation does not constitute an offer to lease, or a reservation of, or option for, the Leased Premises, and this document becomes effective and binding only upon the execution and delivery hereof by Landlord and Tenant. All negotiations, considerations, representations, and understandings between Landlord and Tenant are incorporated herein and may be modified or altered only by agreement in writing between Landlord or Tenant, and no act or omission of any employee or agent of Landlord shall alter, change, or modify any of the provisions hereof.
13.13 Binding Effect of Lease. The covenants, agreements, and obligations herein contained except as herein otherwise specifically provided shall extend to, bind, and inure to the benefit of the parties hereto and their respective personal representatives, heirs, successors, and assigns. Landlord, at any time and from time to time, may make an assignment of its interest in this Lease, and in the event of such assignment and the assumption by the assignee of the covenants and agreements to be performed by Landlord, Landlord and its successors and assigns (other than the assignee of this Lease) shall be released from any and all liability hereunder.
13.14 Interest on Unpaid Accounts. All amounts (other than Fixed Minimum Rent, or unless otherwise provided herein, all of which shall be due as herein provided) owed by Tenant to Landlord hereunder shall be deemed to be additional rent and shall, unless otherwise provided herein, be paid within ten (10) days from the date Landlord renders statements or accounts therefor. All amounts
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(including Fixed Minimum Rent and additional rent) shall bear interest from the date due until the date paid at the rate equivalent to two percent above the prime rate of interest in effect on the date of payment at Busey Bank Normal, Illinois, or its successor, or at the maximum legal rate of interest, whichever is lower.
13.15 Assignment, Sublease or License. Tenant may assign or sublet this Lease Agreement to any bona-fide licensee/franchisee of Doctor's Associates Inc. ("Franchisor") doing business as a Subway® restaurant, without the prior consent of or written notice to the Landlord under this Agreement. Such assignment or subcontracting shall not alter the Tenant's responsibility to the Landlord. Landlord agrees to accept rent from the Tenant, its assignee or sublessee.
Landlord recognizes and acknowledges that Tenant is a Delaware corporation and that Tenant's assets consist almost exclusively of leases, subleases, and options to purchase leased premises. Landlord also recognizes and acknowledges that Tenant was organized principally for the purpose of negotiating and drafting leases with a view towards subletting the leased premises to franchisees/licensees of Doctor's Associates Inc. ("DAI"). Landlord recognizes and acknowledges that it has been advised that DAI is a Florida corporation that owns all rights to award franchises for Subway® sandwich shops and that Landlord has also been advised that Tenant has no rights whatsoever to award franchises for Subway® sandwich shops or collect any franchise-related royalties from any prospective sublessee of the premises. Landlord recognizes and acknowledges that it has been given an opportunity, whether by itself or with the assistance of its professional advisors, to make inquiry of Tenant's financial status and to evaluate said status to its satisfaction. Landlord has either made such inquiry and is satisfied with the response to such inquiry or has affirmatively and voluntarily determined not to do so. Landlord further recognizes and acknowledges that no person or entity other than Tenant has made any representations of any kind with regard to the ability of Tenant to perform Tenant's obligations hereunder. Landlord also recognizes and acknowledges that Tenant intends to sublease the premises to a person(s) who has or will be awarded a franchise/license for a Subway® sandwich shop from DAI, under which sublease the sublessee will pay rent directly to Landlord so that the rental payment from such sublessee will normally not be received or held by Tenant. Although the sublessee may open a business operation doing business as a Subway® sandwich shop and may have franchise and other business relationships with corporations related to or associated by the general public with "Subway," as it is commonly known, Landlord recognizes and acknowledges that the sole and exclusive person or entity against which it may seek damages or any remedies under this or any other document in which the Landlord and Tenant or Landlord and sublessee are parties, whether for unpaid rent and associated damages, claims of unjust enrichment, claims of unfair trade practices, or any other theory of recovery of any kind or nature, is Tenant or sublessee. Further, it is
[29] expressly understood and agreed that there will not be any liability whatsoever against (A) DAI, its shareholders, directors, officers, employees and/or agents, and/or (B) any persons and entities who are the shareholders, directors, officers, employees, and/or agents of the Tenant. Such exculpation of liability shall be absolute and without any exception whatsoever.
13.16 Use of Premises/Smoke Free. Tenant's use shall be defined as a restaurant for on and off premises consumption or for any other lawful purpose. Landlord acknowledges that Tenant's menu consists primarily of sandwiches, salads and related items and that from time to time Tenant may add test items to its menu. Landlord further agrees that Tenant may add, delete and/or change its menu without the prior consent of the Landlord provided that Tenant complies with all local codes and ordinances, and that the Landlord has no preexisting agreements prohibiting such menu additions. Tenant may sell fruit smoothies and/or yogurt. In no event shall Tenant's menu be construed as limited to sandwiches and salads.
Tenant acknowledges that an express material condition of the Lease is that the Tenant shall not permit any smoking on or about the Premises.
13.17 Surrender Of Premises. Tenant shall surrender the Premises at the end of the Lease term (or any extension thereof, or earlier termination, in the same condition as when it took possession. Tenant shall not be responsible for any repairs or alterations beyond those required to restore the Premises to a condition substantially similar to the condition of the Premises at the commencement of this Lease, reasonable wear and tear excepted.
Tenant's trade fixtures and all of Tenant's equipment shall not be considered fixtures, and shall remain the property of Tenant. As such, they may be removed by Tenant at any time, subject to the foregoing paragraph.
13.18 Signs. Subject to Landlord’s approval, Tenant may erect signage in the windows of the Leased Premises, but may not erect signage on the building.
13.19 Parking. Landlord agrees to provide Tenant with at least Four (4) parking spaces in the buildings at no cost to the Tenant except for the deposit required for each parking card. Landlord represents and warrants that there is adequate non-exclusive parking in the parking deck that is part of the Uptown Station.
13.20 Severability. Should any provision of this Lease be or become invalid, void, illegal or not enforceable, it shall be considered separate and severable from this Lease and the remaining provisions
[30] shall remain in force and be binding upon the parties hereto as though such provision had not been included.
IN WITNESS WHEREOF, the parties have executed and delivered this Lease as of the date first above written.
LANDLORD: TOWN OF NORMAL, ILLINOIS
By: ______
Title: ______
WITNESS: ______
TENANT: SUBWAY REAL ESTATE, LLC.
By: ______
Title: ______
WITNESS: ______
[31]
Exhibit A
[32]
Exhibit B
[33]
Exhibit C
SUBWAY REAL ESTATE CORP
UPTOWN STATION ‐ 11 UPTOWN CIRCLE
TENANT BUILDOUT‐ DIVISION OF WORK
LANDLORD’S WORK
The following improvements will be performed by the Landlord’s contractor as shown on the tenant drawing by Ratio Architects dated ______.
• Architectural and Engineering drawings of tenant improvements • Concrete slab work required for under slab improvements including opening the existing concrete floor backfilling with compacted fill and concrete patching • Floor, Ceiling and column cover. As part of base building work supply and install, concrete floor slab, fiberglass reinforced column cover, finished ceiling including landlord lighting, sprinkler system and ventilation all per base building construction documents. • Framing of all full height ( 9 foot and higher) tenant walls and ceiling in kitchen. Provide structural support for service counter soffit. Provide all framing to accommodate for plumbing fixtures as necessary. • Ceiling – install code compliant ceiling in kitchen area • Plumbing to include all rough work including all sewer and water rough‐in locations for all equipment o Supply and install slop sink with faucet • Electrical to include all service and electrical work to all equipment within the walls framed by landlord. Additionally, install conduit stubs to location convenient for tenant extension to front counter equipment and lighting. o 200 Amp 3 phase 4 wire service with panel o Supply all lighting except specialty o Supply all switches and disconnects • Mechanical. There will be no exhausting of the space just adjustments made to the present system
[34]
• Fire sprinkler. To include tying into sprinkler main far enough up stream to provide sufficient flow and volume to cover the area under the tenant ceiling above the kitchen and service counter. Include all required piping and sprinkler heads. • Drywall. Install drywall over all walls and ceiling framed by landlord. Tape and sand ready for finish.
Landlord’s contractor will supply all supervision and clean up for the Landlord work above.
Exhibit D
TENANT’S WORK
The following improvements will be performed by the Tenant’s contractor as shown on the tenant drawing by Ratio Architects dated ______. All work will be performed by qualified union labor per the base building project labor agreement (PLA).
• Oversight tenant contractor will coordinate with landlord to confirm all rough‐in locations and assure equipment to fit and work properly • Framing and finish of service (front) counter soffit including lighting. • Ceiling installation in service counter area • Equipment ‐ tenant will supply and install its equipment package including but limited to all stainless steel kitchen equipment, walk‐in cooler/freezer with compressors , three compartment sink with accessories, warming and cooling drawers, counter display cases, half walls, front counter line up warming lights, etc. • Small wares, shelving and any other items Subway may require for the full operation of the store. • Soda system complete including any above ceiling raceways for the soda lines. • Decor Package ‐ Supply and install complete Subway Metro décor package including any Die‐panel for the front line up, flooring, all cabinetry, millwork, seating, tables, wall finishes as approved by landlord.
• Signage ‐ Supply and install all signage which shall be preapproved by Landlord
[35]
• Specialty light fixtures including pendants.
Tenant responsible for supervision and clean up for the Tenant work above.
[36]
Exhibit E
DESIGN CRITERIA FOR TENANT’S SIGNS
All interior, window, and exterior signage is subject to approval by the Landlord, although exterior signage will generally be prohibited. Exterior signage is subject to Section 15.17‐11(A)(7) of the Municipal Code which may be found at http://www.normal.org/index.aspx?nid=106; however, the Town Council may grant code variances when deemed appropriate.
[37]
TOWN COUNCIL ACTION REPORT
May 31, 2012
Resolution Authorizing an Easement Grant with William and Janet Streenz Related to the Constitution Trail Relocation Project
PREPARED BY: Wayne Aldrich, Uptown Development Director
REVIEWED BY: Mark R. Peterson, City Manager
STAFF RECOMMENDATION: Approval
ATTACHMENTS: Proposed Resolution, Proposed Easement Grant Agreement, Easement Plat
BACKGROUND
On May 21, 2012 the Town Council authorized a contract with Stark Excavating Inc. for the Constitution Trail Relocation Project. On the north side of the railroad tracks this project will displace approximately 20 spaces of parking. These parking spaces are located on Union Pacific Railroad property. The Town has a lease from Union Pacific for this area and in turn subleases the spaces for permit parking.
Due to improvements related to the High Speed Rail (HSR) project, Town staff has been informed that many of these spaces would likely be displaced. However, due to the desire of the railroad to allow the trail relocation, they have agreed that this portion of railroad right-of-way could be used for the trail relocation.
The parking spaces are typically used for employee and patron parking with the exception of 6 spaces which are used during business hours by Bill’s Lock and Key for service vehicles. Eliminating these parking spaces would severely impact the operations of this business. To accommodate this business use, Town staff and designers from Farnsworth Group were able to allow for 5 parallel parking spaces in this area. To allow for the parallel parking, the trail width and adequate alley width, it is necessary to secure easements from 4 separate property owners to allow an encroachment of 8 feet on the private property.
As a part of the trail relocation, several dumpsters will also need to be relocated or reconfigured. The Town staff, working with Uptown Partners, is facilitating the combination of dumpsters in this area which hopefully will include a recycle container.
To allow for the necessary encroachment for the alley, an easement grant has been negotiated with William and Janet Streenz, the owners of 127 East Beaufort (Bill’s Lock and Key).
DISCUSSION/ANALYSIS
The easement grant for 127 East Beaufort will allow a permanent easement of 8 feet at the rear of the property for the public alley. A temporary easement is also required to complete concrete pavement construction on the property. TOWN COUNCIL ACTION REPORT
To allow the use of this space the following terms have been negotiated:
1. The Town will allow grantor’s to lease the 5 parallel parking spaces located behind the business during regular business hours (6:00 am to 6:00 pm) at 50% of the then current market rate for parking not to exceed $40.00 per month. 2. The Town will allow the use of two parking spaces in the Parkinson Parking lot free of charge during business hours only. 3. The parking privileges terminate 20 years from the execution of the easement grant or when business operations at 127 East Beaufort cease.
As this easement arrangement will allow the completion of the trail relocation project and will provide a reasonable accommodation for parking, the Town staff recommends approval. RESOLUTION NO. ______
RESOLUTION AUTHORIZING AN EASEMENT GRANT WITH WILLIAM AND JANET STREENZ – CONSTITUTION TRAIL RELOCATION PROJECT
WHEREAS, the Town of Normal is a home rule unit of local government with authority to legislate in matters concerning its local government and affairs; and
WHEREAS, the Town of Normal is relocating Constitution Trail as the same crosses the Union Pacific Railroad property in Uptown Normal: and
WHEREAS, Town staff has negotiated an easement grant with William and Janet Streenz for temporary and permanent easement for said trail relocation; and
WHEREAS, it is in the best interests of the health, safety and welfare of the citizens of Normal to accept said easement grant.
NOW, THEREFORE, BE IT RESOLVED BY THE PRESIDENT AND BOARD OF TRUSTEES FOR THE TOWN OF NORMAL, ILLINOIS:
SECTION ONE: That the Easement Grant from William F. Streenz and Janet L. Streenz, as Co-Trustees of the William F. Streenz and Janet L. Streenz Family Trust, to the Town of Normal, a copy of which is marked Exhibit A, attached hereto and incorporated by reference, be and the same is hereby accepted.
SECTION TWO: That the City Manager be and he is hereby authorized and directed to take any and all necessary action to implement the terms contained in said Easement Grant.
SECTION THREE: That the Town Clerk is hereby directed to record said Easement Grant with the McLean County Recorder of Deeds.
ADOPTED this ____ day of ______, 2012.
APPROVED:
______President of the Board of Trustees of the Town of Normal, Illinois
ATTEST:
______Town Clerk
(seal)
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May 31, 2012
Resolution Authorizing an Easement Grant with Roger and Sherrillyn Taylor Related to the Constitution Trail Relocation Project on the Property Located at 117 and 119 East Beaufort Street
PREPARED BY: Wayne Aldrich, Uptown Development Director
REVIEWED BY: Mark R. Peterson, City Manager
STAFF RECOMMENDATION: Approval
ATTACHMENTS: Proposed Resolution, Proposed Easement Grant Agreement, Easement Plat
BACKGROUND
Related to the previous agenda item, an easement grant has also been negotiated with Roger and Sherrillyn Taylor, the owners of 117 and 119 East Beaufort Street (Babbitt’s Books).
DISCUSSION/ANALYSIS
The easement grant for 117 and 119 East Beaufort Street will allow a permanent easement of 8 feet at the rear of the property for the public alley.
To allow the use of this space the proposed terms would require the Town to provide 3 parking spaces in the Parkinson Parking lot for use during regular business hours (defined as Monday through Saturday 8:00 a.m. until 5:00 p.m.) free of charge to the grantors. The parking privileges terminate when business operations at 117 – 119 East Beaufort Street cease. The parking privileges do not run with the land and may not be transferred.
As this easement arrangement will allow the completion of the trail relocation project and will provide a reasonable accommodation for parking, the Town staff recommends approval. RESOLUTION NO. ______
RESOLUTION AUTHORIZING AN EASEMENT GRANT WITH ROGER AND SHERRILLYN TAYLOR – CONSTITUTION TRAIL RELOCATION PROJECT – 117 AND 119 EAST BEAUFORT
WHEREAS, the Town of Normal is a home rule unit of local government with authority to legislate in matters concerning its local government and affairs; and
WHEREAS, the Town of Normal is relocating Constitution Trail as the same crosses the Union Pacific Railroad property in Uptown Normal: and
WHEREAS, Town staff has negotiated an easement grant with Roger and Sherrillyn Taylor for temporary and permanent easement for said trail relocation; and
WHEREAS, it is in the best interests of the health, safety and welfare of the citizens of Normal to accept said easement grant.
NOW, THEREFORE, BE IT RESOLVED BY THE PRESIDENT AND BOARD OF TRUSTEES FOR THE TOWN OF NORMAL, ILLINOIS:
SECTION ONE: That the Easement Grant from Sherrillyn A. Taylor, as Trustee under the provisions of a Trust Agreement dated the 14th day of June, 2006, known as the Sherrillyn A. Taylor Trust and Roger P. Taylor, as Trustee under the provisions of a Trust Agreement dated the 14th day of June, 2006, known as the Roger P. Taylor Trust, to the Town of Normal, a copy of which is marked Exhibit A, attached hereto and incorporated by reference, be and the same is hereby accepted.
SECTION TWO: That the City Manager be and he is hereby authorized and directed to take any and all necessary action to implement the terms contained in said Easement Grant.
SECTION THREE: That the Town Clerk is hereby directed to record said Easement Grant with the McLean County Recorder of Deeds.
ADOPTED this ____ day of ______, 2012.
APPROVED:
______President of the Board of Trustees of the Town of Normal, Illinois ATTEST:
______Town Clerk
(seal)
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May 31, 2012
A Resolution Conditionally and Partially Approving the Final Development Plan for the Villas at Mercy Creek Final Development Plan in the Town of Normal
PREPARED BY: Mercy Davison, Town Planner
REVIEWED BY: Mark R. Peterson, City Manager Steven D. Mahrt, Corporation Counsel
BUDGET IMPACT: N/A
STAFF RECOMMENDATION: Conditional Approval
ATTACHMENTS: Proposed Resolution; Map
BACKGROUND
In May 2009 the Town of Normal approved an annexation agreement with the Apostolic Christian Church pertaining to a 102.15 +/- acre project called the Communities of Mercy Creek at the northwest corner of Raab Road and Towanda Barnes (Res. No. 4368). The annexation agreement included an overall concept plan for the site, which in turn included the Villas at Mercy Creek development.
On December 20, 2010, the Town Council approved the Preliminary Development Plan for the Villas at Mercy Creek Planned Unit Development (Res. No. 4581), a 2.93 +/- acre property zoned R-2 Mixed Residential. The plan was to construct 6 duplexes (12 units) on a cul de sac west of Mercy Creek Boulevard. The agreement included several waivers, including a waiver of the green space requirement for this PUD.
On May 7, 2012, the Town Council approved a 1-lot Final Plat for the Villas at Mercy Creek (Res. No. 4755). Typically the Final Plat is submitted in conjunction with a Final Development Plan, but not in this case.
At this time, the church has submitted a Final Development Plan for the Villas at Mercy Creek PUD.
DISCUSSION/ANALYSIS
Town staff has reviewed the proposed Final Development Plan for the Villas at Mercy Creek PUD and finds it to be in substantial compliance with the approved Preliminary Development Plan. The approving resolution contains conditions prior to recording, including the requirement to pay development fees per the annexation agreement such as parkland and school land fees.
Thus, Town staff recommends that the Town Council conditionally and partially approve the Final Development Plan for the Villas at Mercy Creek PUD.
RESOLUTION NO. ______
A RESOLUTION CONDITIONALLY AND PARTIALLY APPROVING THE FINAL DEVELOPMENT PLAN FOR THE VILLAS AT MERCY CREEK FINAL DEVELOPMENT PLAN IN THE TOWN OF NORMAL
WHEREAS, the Municipal Code, Town of Normal, Illinois, 1969, as amended, authorizes the development of land in any zoning district as a planned unit development; and
WHEREAS, pursuant to said Zoning Code developers may elect to develop property pursuant to a planned unit development procedure; and
WHEREAS, the election to develop property in such a manner is entirely voluntary, and the developer by so electing agrees to submit its development plan to a legislative public hearing and plan review; and
WHEREAS, on December 20, 2010, the Council approved a preliminary development plan for The Villas at Mercy Creek Planned Unit Development; and
WHEREAS, it is in the best interests of the health, safety, and welfare of the citizens of Normal to approve conditionally a final development plan for The Villas at Mercy Creek Planned Unit Development.
NOW, THEREFORE, BE IT RESOLVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE TOWN OF NORMAL, ILLINOIS:
SECTION ONE: That this Resolution pertains to the property described as follows:
All of Lot 1 in The Villas at Mercy Creek Subdivision in the Town of Normal, McLean County, Illinois.
SECTION TWO: That this Resolution pertains to the Final Development Plan for the Villas at Mercy Creek, prepared by David P. Brown Professional Engineer 2725 dated May 15, 2012, bearing Town of Normal file stamp dated May 16, 2012, consisting of two pages.
SECTION THREE: That Final Development Plan for The Villas at Mercy Creek Planned Unit Development be and the same is hereby approved with the following waivers: None.
SECTION FOUR: That the Final Development Plan for The Villas of Mercy Creek Planned Unit Development be and the same is hereby conditionally approved with the following conditions:
A. Submission of all code required certificates, including but not limited to County Clerk’s Certificate, Owner's Certificate, Drainage Certificate, and School District Certificate.
B. The owner shall post a bond and security as required by the Chapter 15 of the Municipal Code, Town of Normal. The Corporation Counsel of the Town of Normal be, and he is hereby authorized and directed to review the security posed to secure the statement of agreement and bond for said planned unit development; and if, in his opinion, the security conforms with all requirements of the Town of Normal, note his approval on this resolution. If, in his opinion, the security does not conform with all requirements of the Town of Normal, acceptance or rejection of such security will be determined by vote of the Corporate Authority of the Town of Normal, Illinois.
The bond and security shall be posted within ninety days from approval of this resolution. In the event the bond and security is not posted before the deadline established herein, this resolution shall be void, and the owner of the premises shall re-petition the Town of Normal for approval of the final plat.
C. Payment of any and all applicable fees including but not limited to water tap-on fee, sanitary sewer tap-on fee, storm water detention fee, parkland dedication fee, plan review and inspection fee.
D. Submission of a Final Plan in digital format.
SECTION FIVE: PIN: 15-18-400-022.
SECTION SIX: That except to the extent waived herein, development, maintenance and occupancy of the property described herein shall comply with all Town codes and ordinances.
SECTION SEVEN: That the Town Clerk be and she is hereby authorized and directed to file a notice of approval of this final development plan with the Recorder of Deeds for McLean County, Illinois.
ADOPTED this ______day of ______, 2012.
APPROVED:
______President of the Board of Trustees of the Town of Normal, Illinois
ATTEST:
______Town Clerk
(seal)
Approval of Conditions:
______Steven D. Mahrt, Corporation Counsel (Date) ______
TOWN COUNCIL ACTION REPORT
May 31, 2012
Ordinance Establishing Prevailing Wage Rates
PREPARED BY: Wendellyn Briggs, Town Clerk
REVIEWED BY: Mark R. Peterson, City Manager
BUDGET IMPACT: N/A
STAFF RECOMMENDATION: Approval
ATTACHMENTS: Proposed Ordinance
BACKGROUND
Council is required by State Statute to approve an ordinance establishing prevailing wage rates for the Town of Normal during the month of June of every year. The City Clerk has received the latest prevailing wage rates effective May 1, 2012, for McLean County from the Illinois Department of Labor. The June, 2012, rates will not be available until June 15, 2012.
DISCUSSION/ANALYSIS
Enclosed is the required ordinance which will mandate the payment of prevailing wages on all municipal projects for which the Town contracts and which meets the definition of “public works projects”.
ORDINANCE NO. ______
AN ORDINANCE ESTABLISHING WAGES FOR WORKERS EMPLOYED IN PUBLIC WORKS
WHEREAS, the State of Illinois has enacted "An act regulating wages of laborers, mechanics and other workers employed in any public works by the State, County, City or any public body or any political subdivision or by anyone under contract for public works," approved June 26, 1941, as amended, (820 ILCS 130/0.01 et, seq); and
WHEREAS, the aforesaid Act requires that the Town of Normal investigate and ascertain the prevailing rate of wages as defined in said Act for laborers, mechanics and other workers in the locality of said Town of Normal employed in performing construction of public works, for said Town of Normal;
NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE TOWN OF NORMAL, ILLINOIS:
SECTION ONE: To the extent and as required by "An Act regulating wages of laborers, mechanics and other workers employed in any public works by State, County, City or any public body or any political subdivision or by anyone under contract for public works", approved June 26, 1941, as amended, the general prevailing rate of wages in this locality for laborers, mechanics and other workers engaged in construction of public works coming under the jurisdiction of the Town is hereby ascertained to be the same as the prevailing rate of wages for construction work in McLean County area as determined by the Department of Labor of the State of Illinois as revised from time to time and as published by the Illinois Department of Labor for McLean County, a copy of the most recent determination being attached hereto and incorporated herein by reference. As required by said Act, any and all revisions of the prevailing rate of wages by the Department of Labor of the State of Illinois shall supersede the Department's prior determination and apply to any and all public works construction undertaken by the Town of Normal. The definition of any terms appearing in this Ordinance which are also used in aforesaid Act shall be the same as in said Act.
SECTION TWO: Nothing herein contained shall be construed to apply said general prevailing rate of wages as herein ascertained to any work or employment except public works construction of the Town of Normal to the extent required by the aforesaid Act.
SECTION THREE: The Town Clerk shall publicly post or keep available for inspection by any interested party in the main office of the Town this determination or any revisions of such prevailing rate of wage. A copy of this determination or of the current revised determination of prevailing rate of wages then in effect shall be attached to all contract specifications, or contract language shall reference the most recent wage determination for McLean County as published by the Illinois Department of Labor on its website.
SECTION FOUR: The Town Clerk shall mail a copy of this determination to any employer, and to any association of employers and to any person or association of employees who have filed their names and addresses, requesting copies of any determination stating the particular rates and the particular class of workers whose wages will be affected by such rates.
SECTION FIVE: The Town Clerk shall promptly file a certified copy of this Ordinance with both the Secretary of State Index Division and the Department of Labor of the State of Illinois.
SECTION SIX: The Town Clerk shall cause to be published, in a newspaper of general circulation within the area, a Notice of the approval of this Ordinance, and such publication shall constitute notice that the determination is effective and that this is the determination of this public body.
SECTION SEVEN: That the Town Clerk be, and she is hereby directed and authorized to publish this ordinance in pamphlet form as provided by law.
SECTION EIGHT: That this ordinance shall take effect from and after its approval as provided by law.
SECTION NINE: That this ordinance is adopted pursuant to the Home Rule Authority granted the Town of Normal by Article 7, Section 6, of the Illinois Constitution, 1970.
APPROVED:
______President of the Board of Trustees of the Town of Normal, Illinois
ATTEST:
______Town Clerk
(Seal)
The foregoing ordinance was voted upon and passed by the President and Board of Trustees of the Town of Normal on the ____ day of ______, 2012, with ______voting aye; ______abstaining; ______voting nay: and ______absent.
AYE NAYOTHER AYE NAYOTHER Councilwoman Reece Councilman Chambers Councilman Nielsen Councilwoman Gaines Councilman Fritzen Mayor Koos Councilman Scott
The foregoing ordinance was approved by the President and Board of Trustees of the Town of Normal on the _____ day of ______, 2012.
The foregoing ordinance was published in pamphlet form on the ___ day of ______, 2012.
General Orders
TOWN COUNCIL ACTION REPORT
May 31, 2012
Motion to Designate Recycling Center Drop Off Center Locations
PREPARED BY: Robin Weaver, Director of Public Works
REVIEWED BY: Mark R. Peterson, City Manager Tom Ramirez, Waste Removal Supervisor, Public Works
BUDGET IMPACT: Reducing the number of recycling drop off centers is expected to reduce the costs of servicing them. However, given uncertain future volumes at drop off sites following the implementation of new curbside collection programs in both Bloomington and Normal, it is difficult to provide an accurate estimate of the likely budgetary savings at this time.
STAFF RECOMMENDATION: Approval
ATTACHMENTS: List of drop off centers with frequency information and recommendations; Map of drop off centers
BACKGROUND
The Town of Normal has sponsored various recycling programs and activities over the past 41 years. In 1982, the Town established five locations as recycling drop off centers so that residents and others could drop off their sorted recyclable materials (paper, mixed containers and cardboard). Through the years, the number of drop off centers grew to 15 sites throughout the community including two sites in Bloomington. The drop off location at the Kroger grocery store on East College Avenue was open for 12 years but closed recently due to the business’s expansion of services to include a fueling station and a prescription drug kiosk. The volume of recycled material varies widely among the current drop off sites. Some sites are serviced twice a day/seven days a week while others require service only two to three times per week.
DISCUSSION/ANALYSIS
As curbside recycling will become available to residents in single family and duplex homes beginning July 9, 2012, it is reasonable to consider reducing the number of drop off recycling centers. Currently there are 14 recycling center drop box locations. As of the date of this report, approximately 43% of all eligible households have signed up for curbside recycling. Not all residents who recycle will switch to curbside recycling and those in multi-family properties will only be able to recycle via the Town’s recycling drop off centers.
The current drop box centers are listed on an attachment with their current frequency of service. In April, both Illinois Wesleyan University and Heartland Community College were given written notice that the Town will cease collection of those recycle bins, likely in one year. Both institutions own the roll off containers and have advised staff that they will likely continue to recycle on their campuses. In order to TOWN COUNCIL ACTION REPORT reduce the number of drop off locations to eight as previously discussed with Council, Public Works staff has identified those sites recommended to remain open and those to be closed. They are shown on the attachment and listed below:
Recommended Drop-off Centers to Remain Open After July 9, 2012
Chiddix Jr. HS/Anderson Park at 300 S. Walnut St.
Illinois State University at 100 N. University St.
Jewel-Osco at 901 Cottage Ave.
Prairieland School/Carden Park at 1300 E. Raab Rd.
Normal West High School at 501 N. Parkside Rd.
Normal Township at 304 E. Mulberry St.
University Center at 1101 N. Main St.
Wal-Mart at NE corner of 300 Greenbriar Ave.
Recommended Drop-off Centers for Closure on or About July 31, 2012
Advocate BroMenn at Prospect Ave. and Francis St.
Champion Fields at 459 N. Parkside Rd.
Kingsley Jr. HS at 303 Kingsley Ave
Wal-Mart at 2225 W. Market Street in Bloomington
Illinois Wesleyan University at 302 E. Emerson (to be closed on April 4, 2013)
Heartland Community College at 1500 W. Raab (to be closed on April 4, 2013)
.
Also attached is a map indicating all the existing sites, color coded for closure or retention. Superimposed on the map is a 1 mile zone to demonstrate that 88% of Normal residents live within 1 mile of the sites recommended for retention. When a 1.5 mile zone was reviewed, it would show that 98% of Normal residents live within 1.5 miles of at least one of the drop off centers recommended for retention.
It is difficult to locate sites for recycling drop off centers. Several businesses turned down our requests when we searched for a site to replace the recently closed drop off center at Kroger. In the future, fewer sites may be needed based on the popularity of our curbside recycling program and based on changes expected to be implemented in Bloomington’s curbside recycling program. Also, it is possible that the hosts of other recycle drop-off sites will withdraw permission as did Kroger.
Recycling Center Drop Off Boxes
Location Units Empty/Week Recommendation
BroMenn Parking Lot 1 2 End Prospect Ave. and Francis St. Normal, IL 61761
Champion Fields 1 1 End 459 N. Parkside Rd. Normal, IL 61761
Chiddix Jr HS/Anderson Park 1 2 Keep 300 S. Walnut St. Normal, IL 61761
Heartland Community College 1 1 End ‐ 1 yr notice given 4‐4‐12 1500 W. Raab Rd. Normal, IL 61761
Illinois State University Parking Lot 1 2 Keep. Re‐locate slightly. 100 N. University St. Normal, IL 61761
Illinois Wesleyan U. Shirk Center 2 7 End – 1 yr notice given 4‐4‐12 Parking Lot 1312 Park St. Bloomington, IL 61701
Jewel‐Osco 2 14 Keep 901 S. Cottage Ave. Normal, IL 61761
Kingsley Junior High School 1 2 End 303 Kingsley Ave. Normal, IL 61761
Normal Township Parking Lot 1 7 Keep 304 E. Mulberry St. Normal, IL 61761
Normal West High School 1 1 Keep 501 N. Parkside Rd. Normal, IL 61761
Prairieland School/ 1 7 Keep Carden Park. 1300 E. Raab Rd Normal, IL 61761
University Center 1 7 Keep 1101 N. Main St. Normal, IL 61761
Wal‐Mart 2 14 Keep Northeast Corner of Lot 300 Greenbriar Ave. Normal, IL 61761
Wal‐Mart Supercenter 2 14 End
2225 W. Market St. Bloomington, IL 61705
Kroger‐Landmark Plaza 2 14 Closed by Kroger in May 1550 E. College Ave. Normal, IL 61761
When the drop box location closed at Kroger, participants were directed to sites at Wal‐Mart and at Chiddix/Anderson Park. Frequency of our collection at those two sites has increased.
Use and frequency of collection at every location will be monitored and evaluated periodically after the curbside recycling program begins. t
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