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Home My WebLink About2008-03-24 AgendaAGENDA VILLAGE OF M®RTON GROVE MEETING OF THE BOARD OF TRUSTEES TO BE HELD AT THE RICHARD T. FLICKINGER MUNICIPAL CENTER March 24, 200 Meeting 7:30 pm L Call to Order 2. Pledge of Allegiance 3. Roll Call 4. 5. 6. 7. 8. 9 10. Approval of Minutes - Regular Meeting, March 10, 2008 Public Hearings Special Reports Resident's Comments (agenda items only) President's Report-Administration, Northwest Municipal Conference, Council ofMayw°s, TIF Committee, Capital Projects, Real Estate Committee a_ Proclamation -Sexual Assault Awareness Month - Apri12008 b. Appointments - Appointment of William Zimmer to the Appearance Commission fora 3-Year Term to Begin Apri12008 (tabled March 10, 2008). Clerk's Report -Condominium Association, Advisory Comn2ission on Aging Staff Reports a. Village Administrator 1) Announcement of Upcoming Board Workshop to beheld at 6:30 pm on Monday, March 31, 2008, in the Trustee's Conference Room to Discuss and Review a Water Rate Analysis b. Corporation Counsel 11. Reports by Trustees a. Trustee Brunner -Legal, Family and Senior Services Depcarrnxent, Cable mzd Telecommunications Commission, Environmental Health, Waukegan Road TIF Review, Solid Waste Agency of Northern Cook County (Trustee Kogstad) b. Trustee Kogstad - Commzrnity Relations Commission, Comprehensive Plan, Advisory Commission on Aging (Trustee Minx) a Trustee Marcus -Police Department, Police and Fire Commission, Real Estate Committee, Chamber of Commerce (Trustee Thill) 1) Resolution 08-16 (Introduced March 24, 2008) Authorizing the Purchase of Police Pursuit Vehicles through the Northwest Municipal Conference Suburban Purchasing Cooperative d. Trustee Minx -Finance Depm~tment Real Estate Committee, Plan Commission, Ferris/Lehigh TIF' Review, Fire Department, RED Center, NIPSTA, Capital Projects, Police and Fire Commission, Economic Development, Northwest Municipal Conference (Trustee Staackmann) 1) Resolution 08-17 (Introduced March 24, 2008) Authorizing the Execution of a Contract with Johler, hic. for the Demolition and Removal of a Structure at 8721 Narragansett Avenue in the Lehigh/Ferris Redevelopment District 2) Ordinance OS-08 (Introduced March 24, 2008) Adopting Updates to Ambulance Service Fees 3) Resolution OS-23 (Introduced March 24, 2008) Authorizing the Execution of a Contract with DataProse, Inc. to Provide Utility Billing Services e. Trustee Staackmann -Building I~epartm~ent, Appearance Commission, ESDA, 17YCommunications, Dempster Street Corridor Plan (Trustee Brunner) £ Trustee Thill -Public Works, Capital Projects, Traffic Safety Commission, Natural Resource Canmission, Solid Waste Agency of Northern Cook County (Trustee Marcus) I) Resolution 08-18 (Intr°oduced March 24, 2008) Approving and Authorizing a Lease Agreement Between the Village and Denali Spectrum Operations, LLC Concerning Real Properly Owned by the Village and Located at 8820 National Street 2) Resolution 08-19 (Introduced March 24, 2008) Authorizing the Purchase of Two Ford Fusions and One Ford F-150 Pick-Up Truck 3) Resolution 08-20 (Lstroduced March 24, 2008) Authorizing the Sale of Surplus Personal Property Owned by the Village 4) Resolution 08-21 (Introduced Marck 24, 2008) Memorial Day Parade Closure of Dempster Street 5) Resolution 08-22 (Introduced Mar°ch 34, 2008) Fourth of July Parade Closure of Dempster Street 12. Other Business 13. Presentation of Warrants - $434,075.77 14. Resident's Comments I5. Executive Seseion -Personnel, Labor Negotiations, and Real estate 16. AdjOarttment - To ensure full accessibility and equal participation for all interested citizens, individuals with disabilities who plan to attend and who require certain accommodations in order to observe and/or pm~ticipate in this meeting, or who have questions regarding the accessibility ofahese faciUfies, are requested to contact Susan or A4arlene (847/970-SZ20) promptly to allow the Village to make reasonable accommodations. CALL TO ORDER I. Village President Rick Krier called the meeting to order at 7:30 p.m. and led the assemblage in the Pledge of Allegiance. II. Village Clerk Carol Fritzshall called the roll. Present were: Trustees Georgianne Brunner, Roy Kogstad, Shel Marcus, Rita Minx, Dan Staackmann, and John Thill. APPROVAL OF MINUTES IV. Regarding the Minutes of the February 25, 2008 Regular Meeting, Mayor Krier asked if anyone had any changes or corrections to the Minutes. Seeing none, Trustee Minx moved, seconded by Trustee Marcus, to approve the February 25, 2008 Regular Meeting Minutes as presented. Motion passed unanimously via voice vote. PUBLIC HEARINGS NONE V. a. SPECIAL REPORTS Plan Commissioner Ed Gabriel reported on this case. He said that the Applicant, Ted Hortis of Capital Property Management, was requesting an amendment to the Annexation Agree- ment to allow food-related uses as permitted uses rather than special uses in the Washington Commons shopping center. When the shopping center was first annexed, any type of food use was prohibited. Over time, the Annexation Agreement has been amended to allow food uses by Special Use permit, and several of the tenants have obtained Special Use permits. None of these tenants has had a negative effect on the shopping center or the neighborhood. The applicant would like the restriction removed because he is losing several potential tenants to surrounding communities because of the food restriction and the lengthy special use process. Mr. Gabriel said that Village staff supported the proposed amendment and felt that lifting the restriction was beneficial to the Village. ' Minates of March1Q, 20088oard Meeting. V. SPECIAL. REPORTS (continued} Three concerned parties spoke at the Plan Commission hearing, including Randy Caplan, a long-time resident who had been influential in having the food restriction as part of the Annexation Agreement. Mr. Caplan felt that the shopping center management had done a responsible job in addressing residents' concerns and felt that the time had come to remove the restriction. Mr. Gabriel reported that the Plan Commission unanimously recommended that this request be approved. There were no questions from the Board for Mr. Gabriel. Trustee Minx moved to accept the Plan Commission's recommendation, seconded by Trustee Brunner. Motion passed: 6 ayes, 0 nays. Tr. Brunner aye Tr. Kogstad aye Tr. Marcus Tr. Minx aye Tr. Staackmann aye Tr. Thill VI. RESIDENTS' COMMENTS (Agenda Items Only) Mayor Krier asked that anyone who wished to comment on Ordinance 08-04 should please wait until the ordinance was introduced and they would be heard at that time. Eric Poders. Mr. Poders commented on Agenda Item 8 (b) "Appointments". He said he had done a Freedom of Information request and had received 93 pages of information regarding attendance at the Village's various commissions for calendar year 2007. He learned the following: • The Advisory Commission on Aging held nine meetings in 2007; one member was absent three times and another member was absent six times. • The Appearance Commission held 12 meetings in 2007; one member was absent five times and three members were absent three times. Mr. Shimanski did have perfect attendance in 2007, but missed part of the January 2008 meeting. • The Cable & Telecommunications Commission held two meetings in 2007; two members had perfect attendance. • The Community Relations Commission held eight meetings in 2007; one member attended only one meeting. • The Economic Development Commission held 11 meetings in 2007; one member was absent five times and two members were absent three times. • The Board of Environmental Health held eight meetings in 2007; one member was absent five times and two members were absent three times. • The Police & Fire Commission held 11 meetings in 2007; Chairman Mike Simkins had perfect attendance. • The Plan Commission/Zoning Board had three members absent four times in 2007 and three members absent twice in 2007. In 2008, two members were absent in January. • The Traffic Safety Commission held five meetings in 2007; five commissioners had perfect attendance records. Mr. Poders commended Mayor Krier on his appointment of Mr. Shimanski to the Plan Commission but said he was "appalled" at the way Mr. Goyal's situation had been handled. He felt it should have been discussed in Executive Session, and thought the mayor owed Mr. Loyal a public apology. Minutes of March 10, 200813oard Meeting', VII. Proclamation Mayor Krier proclaimed March 29, 2008 as "Lights Out America-Earth Hour" in Morton Grove. He explained that this is an initiative to turn off the lights in cities around the world for one hour starting at 8:00 p.m. local time on March 29, 2008, to demonstrate that, working to- gether, each of us can make a positive impact on carbon dioxide emissions and the world's climate. He recommended that all residents and businesses participate, on a voluntary basis, by turning off all non-essential lights from 8:00 p.m. to 9:00 p.m. on Saturday, March 29, 2008. b. Appointments Mayor Krier read for the record a letter of apology to Ramesh Goyal for the way his removal had been handled. Mayor Krier then asked for the Board's concurrence, by voice vote, to reaffirm the appoint- ment of Andrew Shimanski to the Plan Commission. The "aye" vote was unanimous. Mayor Krier then sought concurrence for the appointment of William Zimmer to the Appear- ance Commission for athree-year term. Trustee Minx so moved, seconded by Trustee Brunner. Trustee Thill then moved, seconded by Trustee Marcus, to table this to the next Board meeting. Trustee Brunner asked Trustee Thill why he was requesting to table this item. Trustee Thill said he would discuss it in Executive Session. Upon the vote, the motion passed: 4 ayes, 2 nays. Tr. Brunner ~ Tr. Kogstad a~ Tr. Marcus Tr. Minx ~ Tr. Staackmann aye Tr. Thill c• Miscellaneous Mayor Krier reported that Comcast's cable television service had been out for two hours today. His understanding was that the outage included Morton Grove, Niles, Lincolnwood, and most of Maine Township. He wasn't sure what caused the outage. Mayor Krier thanked Administrative Intern Peter Falcone for stepping up and being very responsive to customer complaints. VIII. CLERK'S REPORT Clerk Fritzshall had no formal report. She said that she had contacted the Cook County Clerk's office but was told they had not yet certified the primary election. She did learn that 239 early voters voted at Morton Grove, although not all were Morton Grove residents. Clerk Fritzshall said that the Condo Association meetings have been cancelled until further notice due to lack of attendance. She encouraged any residents interested in attending a meeting of the Condo Association to contact her with their information so she can pass it to the president of the Condo Association. -. MinaMS ai March 70, 2008:Soard MeeOn IX. STAFF REPORTS A. Village Administrator a. Mr. Wade announced that there would be a Board Workshop at 6:00 p.m. on Monday, March 31, 2008, in the Trustees' Conference Room to discuss and review a water rate analysis. This is an analysis of the Village's water rates and future infrastructure needs. Trustee Kogstad asked if the meeting could be pushed back to 7:00 or 7:30 p.m. Trustee Staackmann agreed, saying that 6:00 p.m. would be very difficult to make. Mayor Krier said it would be a long meeting-probably three hours or longer-which is why the 6:00 p.m. start time was originally proposed. Trustee Marcus said he personally would like it if everyone could be present when the meeting starts. Trustee Staackmann asked, as a compromise, if the meeting could be rescheduled to 6:30 p.m. instead. Mayor Krier asked Mr. Wade to notify the newspapers of the change. He also noted that, on the Village's website, it states that there will be a Town Hall Meeting on March 31st. He asked Mr. Wade to make sure the website was updated to reflect the Workshop instead. b. Mr. Wade, assisted by Finance Director Partipiio, presented a report regarding Public Safety Pensions and the Northwest Municipal Conference (NWMC) and the Illinois Municipal League (IML) initiative for a moratorium on pension benefit increases from the General Assembly and for pension law reforms. Mr. Wade explained that this initiative is the result of a "perfect storm" of growing pension obligations, static revenues, and legislative actions that mean more municipal costs. The Village has four pension funds: one for Police, one for Fire, the Illinois Municipal Retirement Fund (IMRF), and a standalone fund. Police personnel contribute 9.91 % to their plan; fire personnel contribute 9.46% to their plan; and the employees in the IMRF contribute 4.50% to their plan. Vesting in the Police and Fire Pension Plans begins after 30 years of service and in the IMRF plan, after 40 years of service. Mr. Wade explained that pensions are funded via employee contributions (as noted above), employer contributions (Morton Grove taxpayers through property tax) and investment earnings (mandated by the State, with certain restric- tions-usually very conservative investments). The State Statute requires that all pensions be fully funded by 2033. Mr. Wade said that, in 1999, Morton Grove's Police Pension Fund was 85.89% funded; in 2007, it had dropped to 66.79%. This is slightly lower than the average of the NWMC member communities. (The NWMC has 45-50 member municipalities; 33 funds were surveyed.) In 1999, the Village's Fire Pension Fund was 80.56% funded; in 2007, it had decreased to 59.04%. This was below the average of the NWMC member communities' funds surveyed (23 funds). That average was 98.70% in 1999 and 75.40% in 2007. Mr. Wade explained that, for asix-year period, the Village had fallen behind in its required contributions to the pension funds. That is one of three reasons for the pension funding level change. The others are investment returns that were less than expected and State-mandated benefit increases that occurred in 2D00 and in 2001. The benefit increases were a huge change that had a major impact in the NWMC member communities. One of the most pressing concerns is the fact that, in 1999, 3.9% of the Village's property tax levy was going toward funding pensions. In 2007, it's 33.6%. The increase is due to a combination of factors. In part, it's because the Village is playing "catch-up° after a period of under-funding the pensions. And in part, it's because of the change in benefits, when police personnel became eligible after 30 years of service, instead of 35 years of service. Minutes ofiMarch 10, 2008 Board Meetin'! IX. STAFF REPORTS (continued) Mr. Wade said that there is current proposed legislation that would increase benefits yet again: House Bill 4897, which would increase benefits from 75% to 80% after the minimum years of service; House Bill 4991; which offers a deferred retirement option so that personnel could collect both pay and pension; and House Bill 4855, which would lower the age at which 75% pension benefits could be collected to age 48. Each of these would have a huge impact on the NWMC member communities-and on Morton Grove, as each would cause even more debt obligation. For this reason, both the NWMC and the IML are calling for a moratorium on pension benefit increases. Municipalities are facing the challenge of deciding whether to fund their pensions or repair/replace aging infrastructure. There's another significant piece of legislation that the NWMC is working on that would require a state funded fiscal impact assessment of at least 25 municipalities prior to advancing any pension legislation out of committee. That's important because, currently, the legislature makes the law and provides the pension regulations-but the cost goes to the municipalities. The legislature needs to get better handle on the impact these pension reforms have on municipalities' budgets. Mayor Krier thanked Mr. Wade and Ms. Partipilo for their hard work on this. He said this is the biggest problem facing municipalities in Illinois today. He noted that, when he was elected in 2005, he had to raise taxes (and took a lot of heat about it) but he did it to try to get the pension funding where it should be. He said he attends both the general meeting of the NWMC and the legislative committee meetings of the NWMC. The mayor said he was plan- ning on going to Springfield in April to argue against some of the proposed pension legislation. All the NWMC mayors are joined together in this cause. There are over 30 pieces of proposed pension legislation in committee. Mayor Krier emphasized that nobody's talking about reduc- ing pension benefits to public safety personnel. He said we all owe a debt of gratitude to our police and fire personnel. He said it's important that the legislators in Springfield know how they are increasing municipalities' debt-it's staggering. The IML is keeping track of all the state representatives and senators and letting them know how much debt they're increasing to their municipalities. Trustee Marcus concurred that this is a major issue that affects all of us. He found the tax levy percentages "astounding", and urged the assemblage to get involved; to talk to their state representatives and ask them to support House Biil 4905 and vote against House Bilis 4897, 4991, and 4855. Mayor Krier said anyone needing help writing letters to their State representatives should contact the Village for such assistance. B. Corporation Counsel: Ms. Liston had no report. X. A. Trustee Brunner: Trustee Brunner presented Resolution 08-11, Authorizing an Agreement between the Vil- lage and Maxim Health Systems, LLC to Provide Influenza Vaccines and Pneumonia Immunizations to Senior Citizens and Village Employees. Minutes of March 10, 20066oard Meeting IX. A. B. C. Trustee Brunner: (continued) TRUSTEES' REPORTS (continued) Trustee Brunner explained that the Village has outsourced the provision of influenza vaccines and pneumonia immunizations for Morton Grove seniors and Village employees since 1996. After a comparative review of fees and services, the Director of the Department of Family and Senior Services has recommended Maxim Health Systems, LLC, to provide this service for 2008. The Village's out-of-pocket expense is anticipated to be approximately $1,000. Trustee Brunner moved to approve Resolution 08-11. Trustee Minx seconded the motion. Motion passed: 6 ayes, 0 nays. Tr. Brunner a~ Tr. Kogstad aye Tr. Marcus awe Tr. Minx ~ Tr. Staackmann ~ Tr. Thill Trustee Brunner thanked the Board of Environmental Health for unanimously endorsing the proclamation read by Mayor Krier earlier this evening. She said that any residents interested in more information on the "Earth Hour" initiative should go to www.earthhour.oro. Trustee Kogstad: Trustee Kogstad had no report. Trustee Marcus: Trustee Marcus had no report. D. Trustee Minx: Trustee Minx presented for a first reading Ordinance OS-12, An Ordinance Amending Ordi- nance 87-33 and 88-34 To Remove Any Restrictions Regarding Food-Related Uses for That Property Commonly Known as Washington Commons Located at 7901-7965 Golf Road, Morton Grove, Illinois. Trustee Minx explained that this was pursuant to Plan Commission Case PC07-13, which had been reported to the Board earlier this evening. Washington Commons was annexed to the Village in 1987. As part of the annexation agreement, restaurants and other food-related uses at the center were forbidden. This restriction was amended in 1988 to allow food-related uses as special uses. No other property in the C1 Commercial District has such a restriction. The owners of the property have asked the Village to remove this restriction, citing numerous vacancies at the shopping center. The special use process istime-consuming and often deters prospective tenants from leasing space in the center. At the public hearing, one neighbor who previously had advocated the food restriction noted that it now seems appropriate to lift the restriction. The Plan Commission unanimously recommended that all restrictions related to food uses be eliminated. Minutes of March 10, 2088 Boats Meetin" X. D. TRUSTEES' REPORTS (continued) Trustee Minx: (continued) Trustee Minx moved to waive the second reading of this ordinance, seconded by Trustee Brunner. Motion passed: 5 ayes, 1 nay. Tr. Brunner a~~e Tr. Kogstad awe Tr. Marcus aye Tr. Minx aye Tr. Staackmann n~ Tr. Thill afire As there was no further discussion, Trustee Minx then moved, seconded by Trustee Thill, to adopt Ordinance 08-12. Motion passed: 6 ayes, 0 nays. Tr. Brunner ~ Tr. Kogstad ~ Tr. Marcus aye Tr. Minx awe Tr. Staackmann ~ Tr. Thill Mayor Krier said the removal of the food restrictions was a testament to the Washington Commons management company and how they've so well maintained the property. He added that he and the Board appreciated Mr. Caplan's input at the Plan Commission hearing and had a lot of respect for him stepping up to suggest that it's the right time to make such a change: 2• Mayor Krier noted that many people had spoken regarding the proposed Self-Storage Facility Accomodation Tax at the January 28, 2008 Board Meeting, and suggested that those who wished to comment on it now should do so without being redundant. a• Thomas Drake. Mr. Drake is the President of the Illinois Self-Storage Association. He defined "self-storage" and noted that a similar tax passed in South Dakota was later ruled "erroneous" and overturned by the courts. He said that self-storage facilities create value by taking proper- ties and making them more attractive. Mr. Drake said that to single out one business and tax it is inappropriate and unconstitutional. b• Rick Hilshire. Mr. Hilshire is with Lock-up Storage-they do not have a facility in Morton Grove, but they are one of the largest self-storage companies in the country. Mr. Hilshire said that Lock-up Storage has facilities in Skokie and Park Ridge, and said he would definitely benefit if Morton Grove passed this tax, because the self-storage facilities here would have to raise their rents and they would then lose renters-unless the tax comes out of the storage facilities' bottom line. He said three states have a similar tax and a number of facilities located in those states have gone out of business. Mr. Hilshire asked the Board to keep in mind that, unlike shopping centers or office buildings, a storage facility cannot pre-lease space. He felt that the Village would be hurting businesses established under different rules if this ordinance was approved. c~ Tim Dietz. Mr. Dietz is the Vice President of Government Relations for the National Self- Service Storage Association, based in Alexandria, VA. He called the proposed tax "troubling" because it targets one specific real estate sector-in fact, only three Morton Grove busi- nesses, which he felt was "outrageously arbitrary'. He said the Village's proposal has anti- competitive connotations because other types of competing storage services would not be burdened with the tax. Mr. Dietz said it's important for the Board to understand who they're taxing. He said the Association has research showing that more than half of self-storage rent- ers are from low income households. Twenty percent collectively are retirees, students, and military personnel. Twenty percent are widowed or divorced. Fifty percent are changing resi- dences, and one often is renting a unit due to a death in the family. Minntes of Match 1D, 200813oard Meeting. X. D. Trustee Minx: (continued) TRUSTEES' REPORTS (continued) Mr. Dietz said that it's not fair to put self-storage businesses at a disadvantage to other stor- age businesses, such as portable storage, mobile storage (pods), and moving and storage businesses. He pointed out that there is pending legislation in Springfield, meant to help fund schools, that would levy a 6.25% tax on self-storage facilities statewide. He said the Self- Service Storage Association thinks that both the State's and the Village's tax proposals are unreasonable and would support its members in legal remedies. d. Matthew Clark. Mr. Clark is the Operations Manager for Life Storage. He said this tax is unfair because it singles out one type of business. He reminded the Board that Life Storage is a new business in town, struggling to attract tenants and keep the business going. They've been open for four months now and it's been slow. He felt the tax would be a tremendous hurdle and asked the Board to please consider. Mr. Clark also reminded the Board that Life Storage had taken an abandonded factory building and considerably improved and revitalized it, demonstrating a significant commitment to the community. He said they're paying significant property tax too-over $140,000 per year. He felt this tax would be excessive and urged the Board to reconsider the passage of this ordinance. e. Chris Berry. Mr. Berry is the owner of Life Storage. He reiterated that he had put a lot of money and effort into improving the building, which is still only approximately 50% built out. He was concerned because the lease-up deficit is about $1,000,000. He said he had 49 rent- als in four-and-a-half months, which is drastically below his projections. Mr. Berry said he had projected to be in Morton Grove for twenty years and now was worried that he wouldn't last two years! Trustee Staackmann commented that it sounded to him as if Mr. Berry's business was mar- ginal, with or without this proposed tax. Mr. Berry felt that, over the long term, it would be okay. Trustee Staackmann said the Village recognizes that real estate taxes are a burden, too; some businesses are working just to pay taxes. He pointed out that the Village, however, cannot keep "going to the well" on real estate taxes; it's the Village's job to provide needed services and find a way to fair and equitable way to pay for them. Mr. Berry said that, if he was given the opportunity to play out his business plan, he felt he'd have a good chance of succeeding. He felt the tax should apply to other types of storage to make it fair and equita- ble. He said he would know within two years if his business would make it. Mayor Krier said that he had had a long conversation with Mr. Berry and Village Administrator Wade. Mr. Berry had wanted to meet with Mayor Krier, but the mayor advised him that it was a better idea for him to come before the entire Board. Eric Poders. Mr. Poders clarified that this is the second "public hearing" on this issue and noted that not enough notice was given the first time for some of these people to speak. He pointed out that there are several self-storage facilities in the Village: Public Storage has two, the new Life Storage facility, and the dilapidated U-Haul in the Waukegan Road TIF. This self- storage accommodation tax is projected to generate $50,000 in General Fund revenue. Mr. Poders commented that, if the Village wanted to shut down or redevelop the dilapidated U-Haul, the Board should be upfront about it. He also felt the Village should promote its businesses and he encouraged residents to come together as a community and support local businesses. Ix. D. Trustee Minx: (continued) TRUSTEES' REPORTS (continued) Mayor Krier said this Board is aware of the high real estate taxes paid by businesses and is trying to figure out the best and fairest way to fund Village services. Mr. Berry pointed out that U-Haul is a "hybrid" self-storage business. In fact, self-storage is only a very small portion of their business; their majority of their business is renting trucks. He noted that Public Storage is established in this market while Life Storage is "the new guy'. Mayor Krier wanted to give the assemblage some clarification about the legality of this proposed tax, since a couple of speakers had brought it up. Corporation Counsel Liston said the Village had obtained a legal opinion from Ancel & Glink. They say the argument that this tax is a "sales" tax is invalid; in their opinion, it's more comparable to a "use" tax. Because Morton Grove is a home rule community, the Board has broad authority to implement such taxes. There have been similar cases where home rule taxes have been upheld. The enact- ment of this tax is well within the authority of a home rule community. Regarding the "equita- ble° argument, it is legal for municipalities to determine what they want to tax or not tax. Mayor Krier said it's not of matter of "Can the Village do this?" but "Should the Village do this?". Administrator Wade stated that the structure of the tax is to affect the end user, not the business. g. Trustee Minx presented for a second reading Ordinance 08-04, Establishing Title 4, Chapter t7G Entitled Self-Storage Facility Accommodations Tax in the Village of Morton Grove." She explained that the Village is a home rule community and has the authority to impose taxes on goods, services, or accommodations within the Village. With the assistance of Spe- cial Counsel, Village staff has proposed that the Board adopt aself-storage facility accommo- dation tax at 5°I° of the gross rental or leasing charges of separately divided storage rows of- fered for lease or rent to members of the public for storage of personal property. Based on the recommendations of the Village Board, the initial tax rate shall be 3% and shall automatically increase to 4% on June 1, 2009, and to 5% on June 1, 2010. Trustee Minx moved to remove Ordinance 08-04 from the table, seconded by Trustee Staackmann. The Board voted unanimously by voice vote to remove Ordinance 08-04 from the table. Trustee Minx then moved to adopt Ordinance 08-04, seconded by Trustee Brunner. Trustee Minx advised the assemblage that the tax rate is being "phased in" simply because of the comments heard at the January 28th meeting. She assured the self-storage facility people in the audience that the Village "heard" them, but noted that it is struggling with taxes. She pointed out that the Village is indeed trying to "spread taxes around", as evidenced by the gasoline fax, the food and beverage tax, and hotel/motel tax. Short of going in and doing inspections on every business in town to ascertain whether they're "leasing" any part of their floor space to others (for storage), the businesses that stand out right now are the self-storage businesses. In an effort to be accommodating, the tax is being phased in. X. TRUSTEES' REPORTS (continued) D. Trustee Minx: (continued} Trustee Staackmann pointed out that, for those who have already signed along-term rental on self-storage space ,this tax wouldn't affect them until they renewed. He pointed out to Mr. Berry that the next "phase" of the tax is in two years, which will give him at least two years to get his business going. He said it goes back to real estate tax and the problems that Cook County is having with its budget. He said Cook County now has the highest sales tax in the country. Morton Grove real estate taxes are quite high-Niles Township just got reassessed last year and many had 50%-60% reassessed valuations of our homes. Trustee Staackmann said the Village simply can't keep going back to real estate taxes. He pointed out that the Village has serious problems with infrastructure and personnel pensions that it must address. Trustee Staackmann said he would have liked to have seen data from the self-storage facilities indicating what percentage of their customers are Morton Grove residents-he didn't think it constituted 50% of their occupancy. He said the Board's object is not to hurt the community. He asked if the Village should have the same type of deal with U-Haul, since it's renting trucks, as it has with Enterprise. Administrator Wade said that staff had looked into that at the time it was working with Enterprise. He said it's his understanding that there's a limitation on what Chicago-area municipalities can do because of the McPier legislation-he believed the Village was limited to 1 %. The State has limited what suburban municipalities can do on that. Trustee Staackmann said that the Village Administrator, the Building Commissioner, the Fire Chief and the Fire Prevention Bureau officer were all working on research to come up with a way that the Village could investigate who else is leasing property "across the board", to see if the Village could legitimately and logistically do that. Their first assessment is that it would be quite difficult to determine. Mayor Krier clarified, the tax is based upon payment. If the facility has already been paid, the tax won't be collected again until any more payment is made. He pointed out that the effective date has also been delayed to June 1, 2008. Trustee Brunner said she understand the storage facilities' concerns, but said if the Village raised property tax, the facilities would feel it a lot more than they will this initial 3% tax. She also felt the difference between 3% and 5% was nominal. Trustee Marcus thanked everyone who spoke about this matter, and thanked Mr. Wade and Ms. Partipilo for putting all the information together for the Board. He said the Village has to provide public safety services and it does so through levies, fees, and other taxes. However, looking at this issue from the Chamber of Commerce's perspective, one of the foundations of a municipality is its business and education community. He said he was concerned about the impact of this tax and felt the Village should be doing everything possible to stimulate existing businesses and bring new businesses in. For the amount of revenue this tax is projected to generate, Trustee Marcus said he did not feel he would support this. Trustee Thill asked if the Village had any legal means of going into other businesses or warehouses to see if they're leasing storage space. Mayor Krier responded that, as Trustee Staackmann had pointed out, the Building Department and Fire Department had looked at this and determined it would be impossible to enforce, especially given the legal definition of public storage. r0 ...... _..... Minutes of March 10, 2008 BoarA Meatid>. X. D. Trustee Minx: (continued) TRUSTEES' REPORTS (continued) Village Administrator Wade said there are three considerations: (1) it's difficult to determine who's renting space unless it's found out anecdotally; (2) such arrangements wouldn't be open to the general public, i.e., with signage so advertising or a phone number to contact; antl (3) the Village cannot police it or enforce it. Corporation Counsel Liston agreed with Mr. Wade. She said Village staff cannot walk into private property without a warrant. She pointed out that in Section 4-17G-6 of this ordinance, there are strict penalties for non-compliance, including a penalty of up to $750 a day. Trustee Thill agreed that warehouse space wouldn't meet the definition ofself-storage facility because they wouldn't be open to the public or have differentiated individual storage units. Mayor Krier called for the vote. The motion passed: 4 ayes, 2 nays. Tr. Brunner a~~e Tr. Kogstad ~ Tr. Marcus n~ Tr. Minx a~~e Tr. Staackmann a~~e Tr. Thill awe Trustee Minx presented Resolution 08-15, A Resolution to Urge the Illinois General Assembly to Adopt Reforms that Protect Police and Fire Pensions. She explained that the Illinois Municipal League has asked its member municipalities to assist in developing public awareness of the fiscal condition of public safety pension funds and to endorse pension reform legislation. Legislation is presently proposed in the General Assembly to increase public safety pensions. Such increases will add to the pension debt of the Village and many other muncipalities. The Northwest Municipal Conference and the Illinois Municipal League are seeking a moratorium on increased pension benefit levels. Trustee Minx moved to approve Resolution 08-15, seconded by Trustee Brunner. Motion passed: 6 ayes, 0 nays. Tr. Brunner aye Tr. Kogstad aye Tr. Marcus aye Tr. Minx aye Tr. Staackmann awe Tr. Thill awe Trustee Staackmann Trustee Staackmann presented several "housekeeping" ordinances, starting with Ordinance 08-09, Amending Title 10, Chapter 4 Entitled "Elevator Regulations" of the Municipal Code of the Village of Morton Grove. This is the second reading of this ordinance. Trustee Staackmann explained that this ordinance adopts by reference the elevator regulations mandated by the Office of the Illinois State Fire Marshal. It also clarifies existing construction requirements specified by the Fire Department. He moved to adopt Ordinance 08-09, seconded by Trustee Thill. Motion passed: 6 ayes, 0 nays. Tr. Brunner awe Tr. Kogstad aye Tr. Marcus afire Tr. Minx aye Tr. Staackmann awe Tr. Thill afire ll Minutes ofMerch 1Q 201186oard Meeting X. TRUSTEES' REPORTS (continued) E. Trustee Staackmann: (continued) 2. Next, Trustee Staackmann presented Ordinance 08-10, Amending Title 10, Chapter 9 Entitled "Fences" of the Municipal Code of the Village of Morton Grove. This is the second reading of this ordinance. Trustee Staackmann explained that this ordinance will update the fence regulations (which have not been updated since 1993) and coordinate those regulations with the Unified Development Code and the "Fee" chapter of the Municipal Code. He moved to adopt Ordinance 08-10, seconded by Trustee Brunner. Motion passed: 6 ayes, 0 nays. Tr. Brunner ~ Tr. Kogstad awe, Tr. Marcus aye Tr. Minx aye Tr. Staackmann aye Tr. Thill ~? Trustee Staackmann commented that he had had an extensive conversation with Building Commissioner Ed Hildebrandt on the subject offences, and encouraged residents who might have questions about fences in front yards, etc. to contact the Building Department. 3. Trustee Staackmann then presented Ordinance OS-11, Amending Title 10, Chapter 1, Article A Entitled "Permit and Plan Review Fees" of the Municipal Code of the Village of Morton Grove. This is the second reading of this ordinance. Trustee Staackmann explained that this ordinance will update the various fees associated with building permits. Building permit fees were last updated in 1999. The proposed fees are in line with surrounding communities. The largest increase is proposed for demolition of build- ings. Public Works water tap fees are also included in this section of the Municipal Code. Trustee Staackmann moved to adopt Ordinance 08-11, seconded by Trustee Minx. Motion passed: 6 ayes, 0 nays. Tr. Brunner aye Tr. Kogstad a~~e, Tr. Marcus afire Tr. Minx aye Tr. Staackmann ~ Tr. Thill F. Trustee Thill Trustee Thill presented Resolution 08-12, Authorization to Execute Contracts with Lyons and Pinner Electric Companies and Commonwealth Edison for Electrical Improvements at the North Pumping Station. Trustee Thill explained that the North Pumping Station currently has four high service pumps of varying capacity which deliver water from two storage reservoirs into the Village's distribution system. Emergency power/back-up pumping for this critical Village infrastructure requires pumping station staff to go on-site and manually start the engine-generators, and then manually transfer the power to the loads. In order to improve safety and reliability of this system, a new generator with automatic transfer capabilities is needed. As part of the project, upgrades to the Village's electrical service from ComEd are also re- quired. ComEd requires a contract in the amount of $12,274.58 in order to perform the neces- sary upgrades to the electrical service. 12 X. TRUSTEES' REPORTS (continued) Trustee Thill; (continued) The contract with Lyons & Pinner Electric is for $237,998, and pays for the installation of the generator and automatic transfer switch. Trustee Thill moved, seconded by Trustee Staackmann, to approve Resolution 08-12. Motion passed: 6 ayes, 0 nays. Tr. Brunner ~ Tr. Kogstad aye Tr. Marcus aye Tr. Minx aye Tr. Staackmann ~ Tr. Thill ave Trustee Thill next presented Resolution 08-13, Authorization to Execute Separate Contracts with Arrow Road Construction Company, Peter Baker 8~ Son Company, and Meyer Material Company for the 2008 Material Purchasing Program. Trustee Thill said that the 2008 Material Purchasing Program is necessary for the main- tenance of Village streets, and includes the purchase of hot-mix asphalt, bituminous patching mixture, and Portland cement concrete. The Arrow Road Construction Company contract for hot-mix asphalt surface material is estimated at $16,920; the Peter Baker & Son Company contract for bituminous patching mixture is estimated at $9,920; and the Meyer Material Company contract for furnishing Class SI concrete is estimated at $48,000. Since all of the contracts are unit price contracts, the final contract amounts will be based on the actual quantity of materials delivered. Trustee Thill moved to approve Resolution 08-13. Trustee Minx seconded the motion. Motion passed: 6 ayes, 0 nays. Tr. Brunner aye Tr. Kogstad ~e Tr. Marcus Tr. Minx ~ Tr. Staackmann ~ Tr. Thill aye Trustee Thill brought forward Resolution 08-14, Authorization to Execute a Contract with St. Rubin Nursery & Landscaping, Inc. for the 2008 Tree Planting Program. Trustee Thill explained that, each year, the Village contracts with a tree planting contractor to assist in the installation and/or replacement of trees within the Village. This year 10 bids were received, with the low bidder being St. Rubin Nursery & Landscaping. Prices ranges from $20,191 to $57,538-so it's clear that staff is doing its job with its recommendation of St. Rubin Nursery. The estimated contract amount is $20,191, but Trustee Thill noted that the final contract amount will be based on the actual quantity of work performed. Trustee Thill moved to approve Resolution 08-14, seconded by Trustee Staackmann. Motion passed: 6 ayes, 0 nays. Tr. Brunner aye Tr. Kogstad ~e Tr. Marcus aye Tr. Minx aye Tr. Staackmann ~ Tr. Thill aye XI. OTHER BUSINESS Trustee Staackmann said he had received some calls from residents talking about the Palatine sales tax increase and inquiring if Morton Grove could do something similar. He said that it was his understanding that the reason Palatine can do what they're doing is because about half of their community is contingent to Lake County. He said it was unfortunate that the sales tax is as high as it is and wished Palatine well. 13 Minutes nfMarch 10, 20068oarcl Meetih"`. XII. WARRANTS Trustee Minx presented the Warrant Register for March 10, 2008, which totaled $1,512,990.21. She moved to approve the Warrants as presented, seconded by Trustee Brunner Trustee Kogstad asked about a payment to Elliott Builders of $1,179,000. He wondered how much the Village has paid Elliott to date, including this payment. Mr, Wade responded that the Village has paid them thus far $3,614,221.56. Trustee Kogstad asked if a senior assisted living facilities has been built on this site. Mr. Wade responded, "No." Upon the vote, the motion passed: 5 ayes, 1 nay. Tr. Brunner ~e Tr. Kogstad ~ Tr. Marcus Tr. Minx aye Tr. Staackmann a~~e Tr. Thill awe XIII. RESIDENTS' COMMENTS Benita Locudes. Ms. Locudes proposed that the Village pass an ordinance requiring that cars be moved off the street, to a driveway or a garage, when two inches or more of snow has fallen, beginning in the winter of 2208-2009. She said that, when the plows are unable to plow around parked cars, those cars end up being plowed in, which causes the streets to become narrower. She felt that people would be more inclined to move their cars if there was a fine or penalty involved in leaving them there. She said other towns have similar ordinances. Mayor Krier said the Village could look into it, but pointed out that many people simply don't have any place to put their vehicle(s). He said the Village does have some designated snow routes, where parking is not permitted at all. Ms. Locudes was very complimentary of the Public Works Department and the great job they do with snow removal. b. Nancy Canning. Ms. Canning had a question regarding the police pension fund. She asked if, at one time, the pension fund was 100% funded. She said she heard that, in 1995, it was actually 106% funded. Mayor Krier confirmed that, atone time, it was over 100% funded, but he wasn't sure when, exactly. He mentioned several "pension sweeteners" that had occurred, including providing more benefits to widows. Ms. Canning, a widow of a police officer, said she had never received more. Corporation Counsel Liston said that Mayor Krier was probably referring to the time when the Fire Pensions were increased to match the Police Pensions. Ms. Canning said that, in 1999, the police pension funding was 85.89%, a significant decline from the 1995 level of 106%. She wondered why. Mayor Krier pointed out that there was an- other big hit to the pensions in 2000-2001. He said he would get exact figures for Ms. Canning. XIV. ADJOURNMENT/EXECUTIVE SESSION There being no further business, Trustee Minx moved to adjourn to Executive Session to discuss the personnel, labor negotiations, real estate, and appointments of Village officials. The motion was seconded by Trustee Marcus. Motion passed: 6 ayes, 0 nays. Tr. Brunner aye Tr. Kogstad afire Tr. Marcus afire Tr. Minx afire Tr. Staackmann a~~e Tr. Thill awe The Board adjourned to Executive Session at 9:51 p.m. 14 Minutes of March 10, 200a BOard Meeting XIV. ADJOURNMENT/EXECUTIVE SESSION (continued) Mayor Krier called the Executive Session to order at 10:03 p.m. In attendance were: Mayor Krier, Clerk Fritzshall, Trustees Brunner, Kogstad, Marcus, Minx, Staackmann, and Thill. Also present were Administrator Wade, Corporation Counsel Liston, and Community & Economic Development Director Neuendorf. There being no further business, Trustee Staackmann moved to adjourn the Executive Session at 11:13 p.m. The motion was seconded by Trustee Brunner and passed unanimously via voice vote. Trustee Minx then moved to adjourn the regular meeting. The motion was seconded by Trustee Brunner and passed unanimously via voice vote. The regular meeting adjourned at 11:14 p.m. PASSED this 24th day of March, 2008. Trustee Brunner Trustee Kogstad Trustee Marcus Trustee Minx Trustee Staackmann Trustee Thill APPROVED by me this 24th day of March, 2008. Richard Krier, Village President Board of Trustees, Morton Grove, Illinois APPROVED and FILED in my office this 25th day of March, 2008. Carol A. Fritzshall, Village Clerk Village of Morton Grove Cook County, Illinois MiOOtas by: Teresa Cousar 15 ~Il11~~~~ ®$ I~V1[®~~®~n ~~®~~e W`<i~`t~~~S, SQXuaI assault `NWar¢nQSS fxlonth is in±~ndQd to draw atf~niion to ihsz fact that sQXua[ viol~nc~ r¢mains an intol¢rabl¢ violQnt crimQ with public health implications for ¢v¢ry person in Illinois; and Wfil~Sa~~~, rapQ s~Xual assault, and violzncQ impacts womQn, childrQn and mQn of all racial, cultural, and Qeonomic backgrounds, many of whom can and do QXpQriszncQ acquaintancsz rapt, stran~Qr rap, sQXual assault by an intimatSZ partner, ~an~ rapQ, incQSt, statkin~, serial rap¢, date rapt, ritual abusQ, sQXual harassm¢nt, ehitd s~Xusl mol¢station, prostitution and human trafficking; and W`f-l~`I~~~S, aeeordin~ to a study eonductQd by th¢ h~ationa( ~ietim CQntQr, l.3 womQn a~t~ 18 and oldQr in thsz Z1nit¢d ~tatQS ark forcibly rapid each minuf~; 78 per hour; 1,871 pQr day, or 683,000 pQr y~ar;and W`rii~'2~`~~~ on¢ in four fQmal~ co11~~Q studQnis r~portszd they have b~~n thQ victims of attQmpt~d or complQtszd rapQs; 80%of those w~rQ victimiv¢d by boyfriends, friQnds or acquaintancQS; and W`hC~~~S, an QstimafQd 91% of rapt and s~Xus( assault victims w~rQ f~mal¢, and nQarly g9% of th¢ off~nd~rs in sin~l~ victim offQns¢s w¢r~ ma1Q; and W`h~~~~~, wQ must work to~Qth~r to QducatQ thQ QntirQ population about what can b~ donQ to pr¢vvnt sQXual assault, support survivors and thQir significant oth¢rs, and QnsurQ survivors arQ not viefinzivQd slain; and W`fi~`I~C~S, with IQad¢rship, d¢dication and ¢ncoura~QmQnt thQrQ is compQllin~ ¢vidQncQ wQ can bQ succQSSf ul in rQducin~ crimQS against citivQns living in Illinois, through inerQasQdawarQnQSS and holding p¢rpQtrators who commit acts of violQncQ rQSponsiblQ for ihQir actions; and W`tiC~2i ~~5, thQ ~illa~Q of h1orton G'rov~ strongly supports thQ d~dieatQd Qf forts of thQ >`~orthwQst CQntQr ~~ainst sQXual ~9ssault and rapQ crisis cQntQrs throu~l~out thQ statQ fo Qncoura~Q QvQry citivQn to activQly Qn~s~Q in public and privatQ Offorts to Qnd sQXual violQncQ, including convQrsations about what sQXual violQncQ is, how to prQVQnt it, how to hQlp survivors connQct with crucial sQrvicQS, and how QvQry sQ~mQnf of our sociQty can work to~Qtl~Qr fo bQtt¢r addrQSS sQXual violQncQ. I~c~W, 7`n~`t~~~c`)9~~, I, 9aichard KriQr, lalayor of thQ 1~i11a~Q of 1D1orton C~rovQ do hQr¢by proclaim thQ month of April 208 as ~~xz~~t~ ~~~~u~T `fl~~~~~+v~~ r~or~T~t and ur~Q all citivQns cf thQ ~iI1s~Q of Ixlorton C~rovQ to commii to taking action against rapQ and sQXual assault Its WITN.~SS W't1~9aE(~~, I havQ hQrQUnto sQt my hand and causQd to bQ affiXQd thQ sQal of thQ ~illa~Q c i~iclZard Kj'(Qr, ~illa~Q ~residQnt ~~~~` M7~ t., ~~~ 1~ ~ i ~~~ The pillage Board of Trustees will hold a workshop to review and discuss a ~Jater Rate Analysis to be conducted by the Village's consultant, Municipal Financial Services Group. The meeting will be held at 6:30 pm on ~~ s ' ~~~~0~ Monday, March 31, 2008, in the Richard T. Flickinger Municipal Center Trustees Conference Roam -Second Floor 6101 Capulina Avenue Morton Grove, Illinois 60053 To ensatire full accessibility mad equal participation for all interested citizens, individuals with disabilities who plan to attend and who require certain accommodations in o~°der to observe and/or participate in dais meeting, or who have questions regarding the accessibility of these facilities, are requested to contact Suran or• Marlene (8q7/-170-5?20) promptly to allow the Village to make reasonable accommodations. ~'.:Cila£~. ~. FI?(;~S717t;~,Y :'Vl E::.?3C;~2~ ~~?1'C°;` ~"l' +' s m 1't~I(iT~:OR f:?I'~4'~~ Piiil:GiS iiV~~ `-Gi~S ~j t ~l ai3uli?.~ .Sv~.rue „ei: (tl 7} ,Erb-+'.G~~ i ~' ~ . Legislative Summary Resolution OS-16 AUTHORIZATION FOR THE PURCHASE OF POLICE PURSUIT VEHICLES THROUGH THE NORTHWEST MUNICIPAL CONFERENCE SUBURBAN PURCHASING COOPERATIVE Introduced: March 24, 2008 Synopsis: To authorize the Village President to approve the purchase of four (4) police pursuit vehicles at Currie Motors in Frankfort, Illinois. Currie Motors was awarded by the Northwest Municipal Conference (NWMC) the contract to sell the 2008 Ford Crown Victoria Police Interceptors to its members. Purchasing the squad cars from the NWMC suburban purchasing cooperative allows member municipalities to bypass formal bid procedures. Purpose: To replace high mileage vehicles currently being utilized in the Police Department, Background: Every 3 years, high mileage squad cars are replaced to insure key equipment utilized by police officers do not fail during their normal course of duty. The squad cars are utilized 24 hours-a-day and they need to be in excellent condition at all times. High mileage vehicles are either rotated back into the Village's fleet for administrative use or sold. Four (4) squads were approved by the Village Board io be purchased in 2008 at a cost of $88,000. Programs, Departments Police Department, Public Works Vehicle Maintenance or Groups Affected Fiscal Impact: ~ A total of $85,759.00 for four (4) squad cars. Source of Funds: 023014-572030 Workload Impact: The ordering and changing over of the vehicles will be coordinated by the Public Works Vehicle Maintenance Department. Administrator Approval as presented. Recommendation: First Readang: Not Required Special Considerations or None Requirements: Respectfully submitted: ~~~~~~ Jos h F. `Jade, Village Administrator ~ti.„., ~~ Prepared by: " ~d/~ l~(r8 ~ - Reviewed by: ~~`' Paul L. Tasch, Jr, Chie~olice Teresa Corporation Counsel RESOLUTION 0~-16 -___ _ _. _ AUTHORIZING THE PURCHASE OF POLICE PURSUIT VEHICLES THROUGH THE NORTHWEST MUNICIPAL CONFERENCE SUBURBAN PURCHASPVG COOPERATIVE WHEREAS, the Village of Morton Grove (VILLAGE), located in Cook County, Illinois, is a home rule unit of government under the provisions of Article 7 of the 1970 Constitution of the State of Illinois, can exercise any power and perform any function pertaining to its government affairs, including but not limited to the power to tax and incur debt; az~d WHEREAS, the Village Board has authorized the acquisition of Police Squad Cars in the Calendar Year 2008 Budget, and WHEREAS, the Calendar Year 2008 Budget incorporates a line item to purchase four (4) police squad cats; and WHEREAS, the Northwest Municipal Conference recently opened bids providing for the purchase of police squads and the low bidder was Currie Motors in Frankfort, Illinois for 2008 Ford Crown Victorias at a unit price of $21,439.75; and NOW, THEREFORE, BE IT RESOLVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MORTON GROVE, COOK COUNTY, ILLINOIS AS FOLLOWS: SECTION 1: The Corporate Authorities do hereby incorporate the foregoing WHEREAS clauses into this Resolution as though fully set forth therein thereby making the findings as hereinabove set forth. SECTION 2: The Village President and Board of Trustees hereby authorize the purchase of four (4) Model Year 2008 Ford Crown Victoria Squad Cars from Currie Motors per the terms and conditions of the Northwest Municipal Conference Suburban Purchasing Cooperative contract, at a unit price of $21,439.75 for a total cost of $85,759.00. SECTION 3: The Village Administrator and Director of Finance are hereby directed to authorize the issuance of a purchase order to plane the squad cars on order. SECTION 4: That this Resolution shall be in full force and effect from and upon its passage, approval, and publication according to law. PASSED this 24"' day of March 2008. Trustee Brunner Trustee Kogstad Trustee Marcus Trustee Minx Trustee Staackmann Trustee Thiil APPROVED by me this 24`x' day of March 2008. Richard Krier, Village President Village of Morton Grove Cook County, Illinois APPROVED and FILED in my office this 24`" day of March 2008. Carol A. Eritzshall, Village Clerk Village of Morton Grove Cook County, Illinois Legislative Summary Resolution OS-17 j AUTHORIZATION TO EXECUTE A CONTRACT WITH JOHLER, P.VC. FOR THE DEMOLITION AND REMOVAL OF THE STRUCTURE AT 8721 NARRAGANSETT AVENUE WITHIN THE LEHIGH/FERRIS REDEVELOPMENT DISTRICT Introduced March 24, 2008 Synopsis: To authorize the Village President to execute a contract with Johler, Inc. for the demolition and removal of the two story structure located within the Lehigh(Ferris TIF Redevelopment District. Purpose: This property was acquired to further the Village's goal of bringing reinvestment to areas within the Lehigh/Ferris TIF Redevelopment District. This building is wrrently in a state of disrepair and may pose a possible throat in its vacant condition. The demolition and site preparation will improve the safety and appearance of the property until complete redevelopment of this site is initiated. Background: The Lehigh/Ferris TIF Redevelopment District was established in 2000 in an effort to l i d owly acqu bring new development to the area. Since that time, the Village has s re property in an effort to assemble sites suitable for redevelopment. The Village acquired title and took possession of 8721 in December 2000. In its current vacant condition, the structure has little value and poses a possible safety threat due to its disrepair. In the future, an outside firm will be sought to develop the site that will satisfy the objectives of the Redevelopment Plan along with being compatible with the surrounding residential properties. Programs, Departments Community & Economic Development, Building, Public Works or Groups Affected Fiscal Impact: The estimated contract value is $17,600.00. Source of Funds: Tax increment from Lehigh-Ferris TIF Dish~ict - Account No.: 151099-571070. Workload Impact: The CommuniTy and Economic Development division will manage and oversee the work (with assistance from other divisions) as part of their normal work activities. Administrator Approval as presented. Recommendation: First Reading: Not Required Special Considerations or None Requirements: Respectfully submitted: lt~ Cp ZC~u'~- Josep~. W ode, Village Administrator ~_ Prepared by William Ne Reviewed by: Teresa Hoffmatf Liston, Corporation Cormsel RES®LUTION 08-I7 AUTHORIZATION TO EXECUTE A CONTRACT WITH JOHLER, INC. FOR THE DEMOLITION AND REMOVAL OF THE STRUCTURE AT 8721 NARRAGANSETT AVENUE WITHIN THE LEHIGH/FERRIS REDEVELOPMENT DISTRICT WHEREAS, the Village of Morton Grove (Village), located in Cook County, Illinois, is a home rule unit of government under the provisions of Article 7 of the 1970 Constitution of the State of Illinois, call exercise any power and perform any function pertaining to its governrent affairs, including but not limited to the power to tax and incur debt; and WHEREAS, the Lehigh/Ferris Tax Increment Financing (TIF) Redevelopment District and Plan was established in 2000 to encourage redevelopment of the underutilized sites near the train station; and WHEREAS, the Village has held title to and possession of the property since December 2000 to further the goals of the Lehigh/Ferris Redevelopment District; and WHEREAS, the structure is currently vacant and poses a possible threat to the safety, health, and welfare of the citizens of the Village of Morton Grove; and WHEREAS, the Village advertised in the February 21, 2008, issue of the Pioneer Press Newspaper inviting bids on the demolition and removal of the structure at 8721 Narragansett Avenue; and WHEREAS, the bid specifications were distributed to at least 32 companies; and WHEREAS, thirteen (13) sealed bids were received, publicly opened and read at the Village Council Chambers, 6101 Capulina Avenue at I I :00 a.m. on Monday, March 10, 2008, with the bid results as follows: Com an Name Address Demolition bid Alternate H droseed bid Combined bid 1 AKA Wreckin Com an Zion $24,800.00 $3,000.00 $27,800.00 2 Albrecht Enter rises ~ Des Plaines $39,300.00 $19,125.00 $58,425.00 3 Alliance Demolition Services, Inc. Lansin $24,900.00 $9,850.00 $34,750.00 ', 4 American Demolition Cor EI in $21,300.00 $2,800.00 $24,100.00 5 Cham ion Environmental Services Gilberts $68,000.00 $10,000.00 $76,000.00 6 G & L Contractors Skokie $14,000.00 $9,000.00 $23,000.00 ' 7 Gorafix, Inc. Bensenville $15,000.00 $5,500.00 $20;500.00 8 Grace Develo ment Wood Dale $24,000.00 $1,000.00 $25,000.00 9 Johler, Inc. ~ EIk Grove Vil1. $11,000.00 $6,800.00 $17,600.00 10 Ome a Demolition EI in $18,800.00 $5,800.00 $24,600.00 ', 11 Reliable Wreckin Carol Stream $32,400.00 $9,000.00 $41,400.00 12 Site Recove Services, Inc. ~ Elmhurst $21,540.00 $6,875.00 $28,215.00 13 Toureen Excavatin Chica o ~ $17,800.00 $2,800.00 $20,600.00 and WHEREAS, the low bidder for demolition, site clearance services, and landscaping is Johler, Inc. of Elk Grove Village, Illinois; and WHEREAS, the qualifications and availability of the low bidder have been verified; and WHEREAS, the costs associated with the demolition and site preparation are eligible to be paid from tax increment generated from the Lehigh-Ferris TIF Redevelopment District; and WHEREAS, the demolition of this structure was anticipated and funding for this work is included in The Village of Morton Grove 2008 Adopted Budget in Account Number 151099-571070. NOW, THEREFORE, BE IT RESOLVED BY THE PRESIDENT AND BOARD OI' TRUSTEES OF TAE VILLAGE OF MORTON GROVE, COOK COUNTY, ILLINOIS AS FOLLOWS: SECTION 1: The Corporate Authorities do hereby incorporate the foregoing WHEREAS clauses into this Resolution as though fully set forth therein thereby making the findings as hereinabove set forth. SECTION 2: The Village President is hereby authorized to execute and the Village Clerk to attest to a contract with Johler Inc., 123 Scott Street, Elk Grove Village, Illinois 60007, based upon their bid for the Demolition and Removal of the Structure at 8721 Narragansett Avenue and their alternate bid for top soil and hydroseeding in an amount not to exceed $17,600.00. SF,CTION 3: That this Resolution shall be in full force and effect upon its passage and approval. PASSED this 24`h day of MARCH 2008 Trustee Brunner Trustee Kogstad Trustee Marcus Trustee Minx Trustee Staackmann Trustee Thi11 APPROVED by me this 24`h day of MARCH 2008 Richard Krier, Village President Village of Morton Grove Cook County, Illinois ATTESTED and FILED in my office this 25ti' day of MARCH 2008 Carol A. Fritzshall, Village Clerk Village of Morton Grove Cook County, Illinois ® ler ~n~. 1047 Woodlawn Ave DesPlaines, Illinois 60016 MAR I ~ 200B Phone: (847)530-7759 Fax: (847)390-1062 March 18, 2008 Mayor Rick Krier Village of Morton Grove 6101 Capulina Ave. Morton Grove, IL 60053 Re: Bemolition and Landscaping Work at 8721 Narragansett. Dear Mayor Krier, Johler Inc. will provide all supervision, labor, equipment and materials necessary to perform the above-referenced work in accordance with the bidding documents dated February 14, 2008. The total amount to complete this work will not exceed $17,600.00 dollars. Demolition is anticipated to start on or about May Sa' 2008 and be completed no Later than June 1St 2008. Sincerely, Robby Johler .Tohler Inc. ACCEPTED: Name Title Date Paee 1 of 7 Titl~a~ ~~ Date Legislative Summary Ordinance 08-08 ADOPTING UPDATES TO AMBULANCE SERVICE FEES Introduced Synopsis: Purpose: Background: March 24, 2008 This Ordinance authorizes the restructuring of Ambulance Service Fees as referred to in Title 9, Chapter 7 of the Village's Municipal Code. This restructure is necessary to establish reasonable and necessary fees to support the delivery of high quality Emergency Medical Services (EMS) to the residents and guests of flee community. The proposed fees are established after historical review of fees charged during the 2007 calendar year. In 2006, Medicare and private medical insurance companies began to disallow the payment of itemized ambulance service fees in favor of a "bundled fee" concept. Bundling of fees simplifies the billing process and eliminates the itemization of services. A flat rate based upon level of service will be assessed. Transition to this Bundled Concept will provide the following benefits: 1. Enhanced efficiencies for the receipt of payments for services. 2. Alignment of the Morton Grove fee structure established by Medicare and major private insurance carriers which will decrease the amount of denied claims. 3. This restructure will result in a reduction of the ambulance billing vendor's service charge from 9% of gross charges to 6% of gross charges. The ambulance billing vernlor has also assured us, as the result of this change, we will receive payment more rapidly and at an increased level. Department Effected: Fiscai Impact: Source of Funds: Administrator Recommendation: First Reading: Respectfully submitted: Prepared by: Fire Department Because of the variable nature of medical insurance plans and their administration, an exact estimate of anticipated revenues from the restructure is difficult. However, a conservative estimate would anticipate the possibility of a $30,000 annual increase of gross revenue. In addition, the 3% reduction would save approximately $14,000. Therefore, it is anticipated these modifications will represent an estimated revenue enhancement of approximately $44,000 annually. No expenditure is necessary. Approved as presented March 24, 2008 Joseph F. Wade, Village Administrator Fire Chief Tom Friel Reviewed by: Teresa Hoffinan Liston, Corporation Counsel ORDINANCE 08-08 ADOPTING UPDATES TO AMBULANCE SERVICE FEES WHEREAS, the Village of Morton Grove (VILLAGE), located in Cook County, Illinois, is a home rule unit of government under the provisions of Article 7 of the 1970 Constitution of the State of Illinois, can exercise any power and perform any function pertaining to its government affairs, including but not Limited to the power to tax and incur debt; and WHEREAS, the Village is continually in the process of reviewing and, as necessary, updating existing Municipal ordinances; and WHEREAS, as part of that review process, Title 9, Chapter 7 entitled, "Non-Fire Suppression Fees Schedule and Permit Requirements" has been reviewed and found to be in need of updating; and WHEREAS, the Village currently assesses fees for the delivery of ambulance service, based upon the level of life support activities provided, in order to defray the cost involved with providing emergency medical services in the Village; and WHEREAS, the Village is desirous of restructuring ambulance fees in accordance with a "bundled rate" concept that will no longer involve itemization of services; and WHEREAS, the Village recognizes the calculation of "reasonable" fees consistent with the standards set forth and published in the Federal Register as 42 CFR Parts 410 and 414 and inclusive of various types of services rendered. WHEREAS, being the Village is desirous of assuring al] ordinances are kept current and relevant. Iv'OW, THEREFORE BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF TAE VILLAGE OF MORTON GROVE, COOK COUNTY, ILLINOIS AS FOLLOWS: SECTION 1: The Corporate Authorities do hereby incorporate the foregoing WHEREAS clauses into this Ordinance as though fully set forth therein thereby making the findings as hereinabove set forth. SECTION 2: Title 9, Chapter 7 of the Municipal Code of the Village of Morton Grove is hereby amended by repealing 9-7-1 in its entirety and rep]acing it with a new Title 9, Chapter 7, Article 1 entitled, "NON-FIRE SUPPRESSION FEE SCHEDULE AND PERMIT REQUIREMENTS" to read as follows: 9-7-1: FEES ESTABLISHED: The following fees are hereby established for non-fire suppression services and non-ambulance service fees provided by the Morton Grove Fire Department. All fees shall be due and payable to the appropriate referenced Village Department prior to the issuance of related permits and are in addition to any other fees and/or permits required by this Village. Fees are also hereby estabiishedfor ambulance service fees: A. Non-Fire Suppression acrd Non-Ambulance Service Fees DESCRIPTION EEE DEPARTMENT Private requests for water flow data $50 Fire Fire sprinkler system plan review $50 +$5(1000 sq ft Building Fire detection/alarm notification system plan review $50 + $2/1000 sq ft Building Other plan review (not classified) $100 Building Flammable/combustible liquid storage tanks (above ground an/or below ground installation, relining, and/or removal $100 per tank Building Commercial hood and duct systems (plan review and inspection) $100 per system Building Outside service reviews Invoice amount Building Storage of hazardous materials (ref Ord 90-65, 9-6-1) $100 per year Finance False fire and/or trouble alarms fifth thru ninth per calendar year. $25 per alarm Finance Over rune per calendar year $50 per alarm Finance B. Ambulance Services Fees: Definitions: Village Resident Those persons having a permanent place of residence within the corporate limits, whose address is used for licensing purposes, filing of U.S. income tax returns, payment of U.S, taxes, and state of Illinois real estate taxes. Non-Village Resident Those persons having a permanent place of residence outside the corporate limits of the Village of Morton Grove. Ail users of emergency ambulance services as administered by the Morton Grove Fire Department (or its designees) and related services hereafter defined, shall be charged, per person, as follows: Villag e Resident Non-VIlla~~e Resident BLS-E Transport 500.00 650.00 ALS 1-E Transport 700.00 950.00 ALS2-E Transport 950.00 1150.00 Mileage Fee (per mite) 15.00 15.00 Support Company Personnel 275.00 275.00 **Extrication/Special Rescue 450.00 450.00 **PPE/Decontamination 350.00 350.00 Ambulance Decontamination 1755.00 1755.00 Response Charge $ 185.00 $ 300.00 ** NOTE: Minimum fee for rescue crew response. Additional charge will be assessed at $35.00/hour/rescue worker and $125.00/hour/apparatus Ambulance response to a person in excess of six (6) times within the previous 12 calendar months without transport to the hospital, will result in an assessment of at least the "Response Charge" item found in Section 2 of this Ordinance, for each response thereafter. SECTION 3: All other fees established for non-fire suppression services provided by the Morton Grove Fire Department as described and referred to in, other than ambulance services, as well as late payment charges and penalties remain the same. SECTION 4: The Director of Finance of the Village of Morton Grove shall cause an invoice to be issued to those who use ambulance services and/or related services in accordance with this ordinance. The Village may enter into a contract with an independent billing service andlor collection agency in order to facilitate this process. All fees collected shall be deposited into the General Fund of the Village. Invoices for ambulance and related services shall be made to the patient's insurance company or companies, selF-insurers, Medicare, Medicaid or Public Aid. The Village will accept any and all Village resident insurance assignments as payment "received in full". Fees assessed by insurance carriers considered to be "deductibles" or "co-payments" will be waived for Village residents in consideration of municipal/property taxes previously remitted to the Village. In the event of hardship or special circumstance, the Director of Finance is authorized to waive, on an individual basis, fees charged to Village residents for emergency and related services not paid by insurance, Medicare, Medicaid or Public Aid. SECTION 5: All ordinances or parts of ordinances in conflict with terms of this ordinance are, to the extent of such conflict, hereby repealed. SECTION 6: This Ordinance shall be in full force and effect from and after its passage, approval and publication in pamphlet form according to law. PASSED 'T`HIS 14`x' day of Apri12008. Trustee Brunner Trustee Kogstad Trustee Marcus Trustee Minx Trustee Staackmann Trustee Thill APPROVED BY ME THIS 14th DAY OF Apri12008 Richard Krier, Village President Village of Morton Grove Cook County, Illinois AT'T'ESTED and FILES in my office This 14`x' day of April, 2008 Carol A. Fritzshall, Village Clerk Village of Morton Grove Cook County, Illinois LeEislative Summary Resolution 08-23 AUTHORIZING THE EXECUTION OF A CONTRACT WITH DATAPROSE, INC. TO PROVIDE UTILITY BILLING SERVICES Introduced: ~ March 24, 2008 Synopsis: This resolution will authorize a contract for utility billing services with Dataprose, Inc. for a three year-period beginning June 1, 2008, and ending December 31, 2010. Purpose: To allow the Village to continue outsourcing its water billing function to a third party vendor Background: Since 2001, the Village has used a third party vendor for the delivery of residential and commercial water billing which has provided a more cost effective meats of preparing and disseminating the Village's bi-monthly invoices for water and sewer usage. Since the contract with the current vendor has expired, a Request for Bid went out and two vendors submitted bids with Dataprose, Inc. being the lowest qualified bidder at a cost of $6,000 per year. This contract results in a savings to the Village of over $9,000. Programs, Departments Finance Department or Groups Affected Fiscal Impact: $20,976 per year for a three year period beginning June 1, 2008 Source of Funds: Enterprise Fund -Administration and Overhead, account no. 405035-5521 ] 0 Workload Impact: The Finance Department will implement and oversee this contract as part of its normal workload. Administrator Approval as presented. Recommendation: First Reading: Not Required Special Considerations or None Requirements: Respectfully submitted: ~"~~ uTi~ Jo eph~a ,Village Administrator ,,, Prepared ~~ ~ ~` Reviewed by: ,"D'atYisla Partipilo, Fina e Director reasurer Teresa H f n Liston, Corporation Counsel RESOLUTION U8-23 AUTHORIZATION TO EXECUTE A CONTRACT WITH DATAPROSE, INC. TO PROVIDE UTILITY BILLING SERVICES WHEREAS, the Village of Morton Grove (Village), located in Cook County, Illinois, is a home rule government under the provision of Article 7 of the 1970 Constitution of the State of Illinois, can exercise any power and perform any function pertaining to its government affairs, including but not limited to the power to tax and incur debt; and WHEREAS, since 2001, the Village has used third party vendors for the delivery of residential and commercial water billing; and WHEREAS, the Village has found the use of third party vendors has provided for a more cost effective means of preparing aisd disseminating the Village's bi-monthly invoices for water and sewer services and usage; and WHEREAS, the Village's current contract with its third party vendor has expired; and WHEREAS, the Village advertised in the February 14, 2008, issue of the Pioneer Press Newspaper inviting bids for its third party water billing services; and WHEREAS, the specifications were distributed to three vendors; and WHEREAS, two sealed bids were received and publicly opened and read at the Village's Council Chambers, 6101 Capulina Avenue, Morton Grove, Illinois at 11:00 am on February 25, 2008, with the bid results as follows: Dataprose, Inc. $ 6,000 Direct Response $12,678 WHEREAS, staff has investigated the qualifications of each vendor and each were deemed qualified and had the capability of integrating their services with the Village's financial software; and WHEREAS, Village staff has negotiated terms for a contract with Dataprose, Inc. as outlined in their proposal dated February 22, 2008, at a rate of $0.125 per individual bill at a total estimated annual cost of $6,000.00 plus postage; and WHERERAS, funds have been budgeted far in the 2008 Budget, Enterprise Fund under Administration and Overhead (405035-552110) in the amount of $22,000 for water billing services. NOW, THEREFORE BE IT RESOLVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MORTON GROVE, COOK COUNTY, ILLLNOIS AS FOLLOWS: SECTION I: The Corporate Authorities do hereby incorporate the foregoing whereas clauses into this Resolution as Yhough fully set forth therein thereby making the findings as hereinabove set forth. SECTION 2: The Village Administrator and/or his designee is hereby authorized to execute an agreement for water billing services with the firm of DataProse, Inc., 1451 North Rice Avenue, Oxnard, California 93030, based substantially on their proposal dated February 22, 2008. SECTION 3: The Village Administrator and/or his designee is hereby authorized to take all steps necessary to complete acid implement said agreement. SECTION 4: This resolution shall he in full force and effect upon its passage and approval. PASSED THIS 24`h day of March 2008 Trustee Brunner Trustee Kogstad Trustee Marcus Trustee Minx Trustee Staackmann Trustee Thill APPROVED BY ME THIS 24`x' day of March 2008 Richard Krier, Village President Village of Morton Grove Cook County, Illinois ATTESTED AND FILED in my office This 24`x' day of March 2008. Carol A. Fritzshall, Village Clerk Village of Morton Grove Cook County, Illinois ~°~~7'OS2~ PRO®ucr~oN AGREEMENT _ ® . Last updated: 3.20.2008 Smarter Suucne,us f0) [3etrer Results This Production Agreement (Agreement) is made and entered into as of the 1st day of December, 2007 (Effective Date), by and between DataProse, Inc., a California Corporation (DataProse), and the Vlliage of Morton Grove, organized under the laws of Illinois (Client). Inconsideration ofthe mutual promises and benefits contained herein, the parties herebyagree as follows: ARTICLE t SCOPE OF PRODUCTION AGREEMENT. DataProse agrees to provide to Client services deffned in Schedule 1.0, and Client agrees that DataProse shall be its exclusive provider of these goods and/or services during the term of this Agreement. During the term of this Agreement, the Client agrees to furnish data and documentation for, and DataProse agrees to produce a minimum bi-monthly quantity of 4,000 statements ("Minimum Commitment'), based upon the vales and terms provided herein. In the event that the Client does not fulfill the Minimum Commitment, then Client shall payto DataProse a Minimum Processing Fee in an amount that shall be calculated based upon the Minimum Commitment and the rates and terms provided herein. ARTICLE 2 COMPENSATION. Infull and complete compensation for all goods and/or services provided by DataProse hereunder, Client agrees to pay Data Prose according tothe rates set forth in Schedule 1.0. DataProse will provide an invoice to Client after each production mn consisting of the fees, as outlined in Schedule 1.0 and postage used. Invoices are due upon receipt and will be considered past due if not paid within 30 days. A monthly late charge will be assessed on statements not paid within thirty (30) days. The late payment charge will be 1-t/2 % per month applied to the invoice amount unpaid (30) thirty days after billing to Client. The prices charged by DataProse to Client for the services listed in Schedule 1.0 will not be increased fora period of f2 months from the Effective Date of this Agreement ("Pricing Period"). All DataProse prices are subject to increase following this initial Pricing Period or any subsequent Pricing Period, and upon written notice to Client. The rate of any price increase shall not exceed 10 % at the completion o(any pricing period. In the event Client cancels the Agreement as allowed underthe provisions ofthis Agreement, then all services rendered between the cancellation notification date and the effective date of the cancellation, will be COD. ARTICLE 3 TERM. The initial term of this Agreement shall commence as of the Effective Date, and shall continue for a period of not less than three (3) years, ending on the third anniversaryof the initial production run, unless terminated eadierin accordance with provisions found elsewhere in this Agreement. This Agreement shall renew itself For successive one (1) year terms unless written notice of cancellation is received by one pally from the other at the end of the initial term or at the end of any succeeding one (i) year renewal term(s) by sending written notice of non-renewal to the other party no later than ninety {90) days before the expiration of the then current tens. ARTICLE 4 POSTAGE. Client must maintainapennanent postage deposit in connection with this agreement. Client shalideposlt in advancewith DataProse theinitlal sum specifetl on Schedule 2.0 as the permanent postage deposit The amount required to be maintained on tleposlt with DataProse maybe changed by DataProse ono periodic basisdue to changes in Client's volume, postage usage, postal rates or payment history. Client will be notified in writing and in advance if the deposit amount is changed. Upon termination of this Agreement, DataProse shall return the deposit amount to Client after payment for all Services and postage has been paid by the Client. If this Agreement is terminated due to default of Client, DataProse may apply any of Client's funds it holds against any sum owed by Client to DataProse upon termination of this Agreement. IF CLIENT FAILS TO MAINTAIN THE DEPOSIT AT THE REQURED LEVELS, OR IF CLIENT FAILS TO MAINTAIN CURRENT STATUS OF ALL INVOICES AS DESCRIBED IN ARTICLE 2, DATAPROSE MAY IMMEDIATELY SUSPEND ITS PERFORMANCE UNDER THIS AGREEMENT AND WILL HOLD CUSTOMER'S MAIL UMIL THE DEPOSIT t5 RECEIVED. ARTICLE 6 EXPENSES. When Client has approved the amount of such costs and expenses in advance and in writing, Client will reimburse DataProse for costs and expenses associated with the performance of services for Client, such as wst of travel, expenses associated with travel, freight, delivery service and other required supplies in connection with providing the DataProse seMces associated with this Agreement ARTICLE 6 TERMINATION. Client or DataProse may terminate this Agreement for an event of default committed by the other party and defned below if such default remains uncured (30) thirty days aker written notice of the default has been received from the party declaring the default. (1) Failure of Clientto payforall goods and/or services as provided in this Agreement. In addition to other remedies provided by this Agreement and pursuant to law, DataProse has the right [o withhold production and mailing o(any further production cycles until Client's account is brought current. (2) Any other breach by Client or DataProse of a term or condition ofthis Agreement. (3) Non-Appropriation of funds by City Council. It DataProse terminates this Agreement due to Client's default or the Client fertninates this Agreement for any reason otherthan those specifed in Article 3 or this Article 6 pdorto satisfying its Minimum Commitment, the Client agrees that it shall be liable to DataProse for liquidated damages ("Liquidated Damages") for its eadytertnination, it being understood and agreed to by the parties that the measure of actual damages noted would be difffcult to determine. The Liquidated Damages shall be an amount equal to the product of (a) the Minimum Commitment and (b) the sum of the number of months remaining in the curent term of the Agreement and the number of months that any invoices remain unpaid by the Client. ARTICLE 7 FORCE MAJEURE. Neither party shall be responsible for delays or failures in performance resulting from ads or occurrences beyond the reasonable control of such party, including, without limitation: fire, explosion, power failure, flood, earthquake or other act of God; war, revolution, civil commo{ion, tertorism, or ads of public enemies; any law, order, regulation, ordinance, or requirement of any government or legal body or any representative of any such government or legal body; or Tabor unrest, including without limitation, strikes, slowdowns, picketing or boycotts. In such event, the parry affected shall be excused from such performance (otherthan any obligation to pay money) on allay-[o-daybasis to the extent of such interference (and the other party shall likewise be excused from performance of its obligations on allay-to-day basis to the extent such pady's obligations relate to the performance so interfered with). ARTICLE B CONFIDENTIALITY. DataProse agrees that anyand all data, reports and documentation supplied by Client or its atfliates or third parties on Client's behalf, which are conFldential shall be, subject only to the disclosure required for the perormance of DataProse's obligations hereunder, held in sMct confidence and shall not be disclosed or otherwise disseminated by DataProse without the consent of Client. ARTICLE 9 INDEMNIFICATION. Client agrees to indemnify and hold DataProse harmless for any and all claims from any person, frm, or entity whatsoever that may arise in wnnection with Client's supplying to DataProse the data, reports or other documentation necessaryto pedortn its duties under this Agreement, except that such indemnification shall not extend to any claims that result from action by DataProse, its officers, employees or agents or anyone acting on behalf of DataProse if such action is in violation of one ormore terms of this Agreement ARTICLE t0 WARRANTIES. DataProse shall provide all goods and/or services in a good and first class workmanlike manner in accordance with the terms specifically set forth in Schedule 1.0. The parties hereto agree that this Agreement is only for the production of goods and/or services. THIS WARRANTY CONSTITUTES THE ONLY WARRANTY W ITH RESPECT 70 THE GOODS AND SERVICES TO BE PROVIDED TO CLIENT. THE STATED WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, W RtITEN OR ORAL, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, W ITHOUT LIMITATION, THE WARRANTY OF MERCHANTASILITV AND THE WARRANTY OF FITNESS FOR PARTICULAR PURPOSE, ARTICLE t 1 LIMITATION OF LIABILITY. The liability of DataProse with respect to any failure to provide the goods and/or services as required under this Agreement shall in each case be limited to the compensation paid to DataProse for the defective goods or services. DATAPROSE IS NOT LIABLE FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFIT OR INCOME, even ff DataProse has been advised of the possibility of such loss or damage. This provision will not be affected by DataProse's failure to cored any defect or replace any defective work product to Client's satisfaction. Client has accepted this restriction on its right to recover consequential damages as a part of its bargain with DataProse. Client acknowledges what DataProse charges for its goods and services would be higher if DataProse were required to bear responsibility for Client's damages. ARTICLE f2 GOVERNING LAW AND JURISDICTION. This Agreement shall be governed and interpreted in accordance with the laws of the state of California, without giving effect to the principles of choice of laws of such state. The parties each consent to the jurisdiction and venue of the Superior Court of Venture County, Venture, Galifomia, as to any matters initiated in state court, and to the courts of the Central District of California for any matters initiated in federeV court. Page t of 4 Client: DataProse: .p7'OSe~ PRODUCTION AGREEMENT Last updated: 3.20.2008 Smaru-r Stattmumts (0) Better Reiulrs ARTICLE I3 SEVERABILITY. ifacourtoran arbitmlor of competentjurisdiction holdsanyprovision ofihisagreementto beillegal,unenforceable, orinvalid in wholeorin part forany reason, the validity and enforceability of the remaining provisions, or portions of them, will not be affected. ARTICLE 14 WAIVER~MOOIFICATION OF AGREEMENT. No waiver,amentlmentor modifpation of anyof the terms of this Agreement shall be valid unless inwdtingand signed by authorized representatives of both panles hereto. Failure by eitherpany to enforce any rights underifiis Agreement shall not be construed asawaiver of such rights, nor shallawaiver by either party in one or more instances be construed as constituting a continuing waiver or as a waiver in other instances. ARTICLE 15 NOTICE. All notices must be in writing and if not personally delivered, be sent by facsimile, first class mail, nztionaliy recognized overnight delivery service or by electronic mail. Mailed notices wilt be effective on the third day after mailing. Notice by personal delivery ordeliveryservice will be effective when delivered. When sent by facsimile or electronic mail, notice will be effective on the day the transmission is received by the recipient provided that (a) a duplicate copy of the notice is promptly given by overnight delivery, or (b) the receiving party delivers a written confirmation of receipt. Either party may change the address to which ngtices are to be sent by giving notice of such a change to the other party. Addresses for purpose of giving notice are as follows: If (o DataProse: Ii to Client: DataProse, Inc. Village of Morton Grove 7451 North Rice Avenue, Suite A 6101 Capulina Oxnard, CA 93030 Morton Grove, Illinois fi0053 Attention: Chiet Executive OKCer Ryan Home Email: gcarter@dataprose.com ARTICLE i6 ENTIRE AGREEMENT. This Agreement and its exhibits constitute the final, complete, and exclusive statement of the terms of the agreement between the parties pertainingto the production of goods andservicesfor Client by DataProse, and supercedes ail pdorand contemporaneous understandings oragmements of the parties. No party has been induced to enter into this Agreement by, nor is any party relying on, any representation or warranty outside those expressly set forth in this Agreement. ARTICLE 17 ATTORNEY FEES. In the event of any claim, dispute or controversy arising out of or relating to this Agreement, including an action for declaratory reliet, the prevailing party in such action or proceeding shall be entitled to recover its court costs and reasonabienut-of-pocket expenses not limited to taxable costs, including but not limited to phone calls, photocopies, expert witness, travel,etc., and reasonable attorneyfees to be fxed by the court. Such recovery shall includecourt costs,out-of-paket expenses and aflomeyfees on appeal, if any. The wort 5halidelermine whois the prevailing party, whether or not the dispute orcontroversy proceeds to Flnal judgment. If either partyis reasonably required to incursuch oubf- pocketexpenses and attomey fees as a result of anyciaim arising out of or concerning this Agreement or any right or obligation derived hereunder, then the prevailing partyshali be entitled to recover such reasonable out-of-pocket expenses and attomey fees whether or not action is filed. ARTICLE 78 SUCCESSORS AND ASSIGNS. This Agreement shall be binding upon and shall inure to the benefit of the successors and assigns of the parties hereto. The parties hereto execute this Agreement through their duly authorized officers, as of the day and year frst written above. DATAPROSE, INC.: CLIENT: By: Glenn A. Carter, President Schedule 7 0 -Fees for Goods 8. Services Paper Bili (Includes: data processing 8 simplex, 2-color, laser imaging, 8.5x17 white paper, pedoratad at 3.5" from bottom, #70 double window env., #9 single window reply env., folding, inserting, presorting and delivery to USPS) $0.125 Per Blii Searctr & Viewaifl (Includes: data processing, pdf creation, search & access capabilities & hosting of pdf flies for $O.Ot NetBill (Subscribed users only) (Includes: Internet bill presentment (24%/ access to customer pails n05[eq on DataProse servem posting of invoices, email notification o(bili availability [o customer) & Payment Facilitation (Real-time credit card payment submission & batch processing of ail ACH payments for daily processing, daily Credit Card Set Up $0.005 $0.0015 $0.005 $100.00 $10.00 $0.50 $0.35 $0.60 qr 7.25% $400.00 $3,000.00 + $t,ooo.oo $1,000.00 $0.035 $0.05 $0.20 $4.00 $0.01 $250.00 $750.00 Cost $7.50 $500.00 $150.00 $0.341 Per Bill Per Biii Per impression Per Bili Per TrensmissioNCOROM Per Additional COROM Per Address Correction Per Credit Card Tansaction Per ACH Transaction Per Month One Time Fee Per Impression Per Bill Per Bill Per Bill Per Insert Per Hour Per Request Per Invoice Per Month Per Day Per Bill Page 2 of 4 `"~1"OS2~ Pao®ucrioty /~GREEM~NT Last updated: 3.20.2008 Stnartcr Srnremenrs (~ Better ResuGs ,$ghedule 2 0 -Permanent Postage Deposit Permanent Postage Deposit (Based on two (2) months estimated volume) $1534.00 (2 mos. Volume `.347) Schedule 3.0- Performance Guarantee DataProse will deliver clients bills within an aveage ofone(1)Business Day after the applicable Determination Date (as Defined herein). Such average time period will be determined 6y measuring the number o(elapsed Business Days between each respective determination date and the date which a majority amount of the Client's bills were mailed for consecutive Ynree (3) month period. The "Determination Date" is the date which data is received via electronic transmission (FTP or email) if prior to 10:00 AM, Pacific Time. If data is received after t0:OD AM, Pacifc Time, or not on the date of the agreed upon production schedule, the Determination Date is the Business Day immediately following the daee data is received. As to any production rug however, the Performance Guaranty will no! apply if Client has not provided all Client tlata and documentation necessary to permit DataProse to produce the bills in a timely manner, or it Client fails to approve or report required changes in DataProse work product in a timely manner. Page 3 of 4 Client: DataProse: -~ros~~ ~=i~nw~.res-->t.ew.run.~--~ Smarter Sta[eme~us '0) Better Ftr~suks Schedule 4.0 - Glossarv of Terms Impression USPS Laser Imaging Simplex Duplex OE RE Presorting Business Day U.S. fede2l holiday 24x7 Additional Inserts Container Electronic Transmission BiII Group Suppress or Suppression PR®®~CT~®N AGREEMENT Last updated: 3.202008 one sloe or one piece or paper. paper can ~ United States Postal Service The process where the application of dry toner (ink) is electro statically applied and bonded to a piece of paper. Laser Imaging of one (1) side of a piece of paper only. Laser Imaging of both (2) sides of a piece of paper. Outer Envelope -This envelope is used as the carrier mechanism For all information contained in a package to be mailed. Reply Envelope -This envelope is usually utilized by a customer to return information/payment requested by on organization. The act of organizing mail according to the rules and regulations defined by the USPS in order to achieve lower postage rates and increase deliverability of mail Any day in which the USPS as well as the ILS. Federal Reserve are open for business. All Holidays as defined by the U.S. Federal Reserve. 24 hours a day, 7 days a week. Any Item requested to be placed into the mail container above and beyond (a) the bill and (b) the RE . One complete piece of mail packaged into one OE. ', The act of sending data via DataProse online utility, FTP or Modem ~,, Data and other information pertaining to one (1) account number and usually in reference fo one customer The term used by DataProse to defne how bills are gathered & produced in oNer to maximize production capabilities. These groups are defined as follows: Group A - t ounce bills Group B - 2 ounce bills Group C - 8-99 page bills Gmup D - 100-499 page bills Group E - 500+ page bills Group I -International bills Group P -Pull bills (Pulled and returned fo PM for further action) Group K-Hold bills (combined and sent back to client) Group Y -Online only bills (Suppress from pdnt only) Group Z -Suppress ail The act of excluding records or bills (based on client tle(ned criteria) that have been received in the input data stream received from the client Page 4 of 4 Client: DataProse: Legislative Summary Resolution 08-18 A RESOLUTION APPROVING AND AUTHORIZING A LEASE AGREEMENT BETWEEN THE VILLAGE OF MORTON GROVE AND DENALI SPECTRUM OPERATIONS, LLC CONCERNIIliG REAL PROPERTY OWNED BY THE VILLAGE Introduced: Synopsis: Purpose: Background: Programs, Departs Groups Affected Fiscal Impact: Source of Funds: Workload Impact: Admin Recommend: First Reading: Special Considerafions or Requirements: AND LOCATED AT 8820 NATIONAL STREET March 24, 2008 This Resolution authorizes a Lease Agreement with Denali Spectrum Operations, LLC to locate and operate a personal communication service telecommm~ications facility at the Village's North Elevated Water Tank. To authorize a lease agreement with Denali Spectrwn Operations, LLC. The Village has for several years leased space on the north elevated water tank located at 8820 National Street for the placement of antennas and related communications equipment. Recently staff has negotiated a lease with Denali Spectrum Operations, LLC to place an additional antenna on the water tower. The Village will realize revenue from. this lease in the amount of $29,000 in the initial year with a 3% increase thereafter. The original term of the lease is for a ten year period and the lessee has the right to renew the lease for four additional five year terms. The lease is subject to the approval of a special use permit for the antenna and equipment. The lessee has already initiated the appropriate Plan Commission application. Village Administration Offices a:~d Legal Department $29,000 for year one, increasing 3% per year thereafter. The original term of the lease is for ten years with four five-year renewal periods. Rent vid collocation revenue will be paid by the Lessee to the Village annually. The implementation of the lease agreement will be supervised by the Village Administrator's Office, Village Engineer, Public Works Department and the Finance Department. Approval as presented. Not required None Respectfully submitted: i.. ~~ ~"Jos~ ph F ~W ~ e, Village Administrator Prepared by~~p'''~~Y' Reviewed by: ~~ Teresa Hoffinan Lei's of ~ Corporation Counsel Andy eMonte, Public Works Director RESOLUTION 0~-1.8 AN RESOLUTION APPROVING AND AUTHORIZING A LEASE AGREEMENT BETWEEN THE VILLAGE OF MORTON GROVE AND DENALI SPECTRUM OPERATIONS, LLC CONCERNING REAL PROPERTY OWNED BY THE VILLAGE AND LOCATED AT 8820 NATIONAL STREET WHEREAS, the Village of Morton Grove (Village), located in Cook County, Illinois, is a Home Rule unit of government under the provisions of Article 7 of the 1970 Constitution of the State of Illinois, can exercise any power and perform any function pertaining to its government affairs, including but not limited to the power to tax acrd incur debt; and WHEREAS, the Village is the owner in fee simple of certain real property commonly known a 8820 National Street (hereinafter referred to as "the North Elevated Water Tank"), and legally described in Exhibit "A" of a proposed lease agreement, attached hereto and incorporated by reference as if set forth herein; and WHEREAS, Denali Spectrum Operations, LLC, a Delaware Limited Liability Company, has approached the Village seeking to obtain a lease agreement to locate and operate personal communication service telecommunications facilities at the North Elevated Water Tank; and WHEREAS, the Village Administrator has negotiated a proposed lease agreement with Denali Spectrum Operations, LLC, a Delaware Limited Liability Company; and WHEREAS, the Village and Denali Spech~um Operations, LLC, a Delaware Limited Liability Company, have reached a tentative lease agreement, which is hereby presented to the President and Board of Trustees for their review, consideration and approval, and is attached to this Resolution and whose terms are incorporated by reference as set forth herein; and WHEREAS, the President and Board of Trustees find, after consideration and review of the lease agreement the public interest will be served by the Village entering into this lease agreement, which will provide for the improvement of public telecommunications within the Village, provide fair and reasonable compensation for the use and enjoyment of the premises to be leased herein and by such actions the Village will provide for the location of personal communication services, telecommunications facilities on- municipal property and thereby minimizing the proliferation and impact of these facilities on the community; and WHEREAS, despite the findings incorporated in the above WHEREAS clauses, both parties understand the ultimate implementation of this agreement is contingent upon review and reconunendation from the Village's Plan Commission of the necessary special use permit application for the installation of these facilities. NOW, THEREFORE BE IT ORDAINED BY THE PRESIDENT AND BOARD Oh TRtiSTEES OF THE VILLAGE OF MORTON GROVE, COOK COLiNTY, ILLIix'OIS AS FOLLOWS: SECTION 1: The Corporate Authorities do hereby incorporate the foregoing whereas clauses into this Resolution as though fully set forth therein making the findings as herein set forth. SECTION 2: The President and Board of Trustees of the Village of Morton Grove, Cook County, Illinois, hereby approve and enter into this lease agreement with Denali Spectrum Operations, Inc., a Delaware Limited Liability Company, attached herew and incorporated by reference as set forth herein. SECTION 3: The Village President is hereby authorized to execute and the Village Clerk to attest this lease agreement on behalf of the Village of Morton Grove in the same or substantially the same form as attached hereto, and the Village Clerk is further directed to affix the seal of the Village of Morton Grove thereto and to cause this lease agreement to be recorded in the Off ce of the Recorder of the Deeds for the County of Cook. SECTION 4: The Village Administrator or his designee is hereby authorized and directed to take actions necessary or permitted under the terms of this lease agreement, and as may be required under the lease agreement, or as may be otherwise necessary to give full force and effect to this Resolution. SECTION 5: This Resolution shall be in full force and effect from and after its passage and approval as required by law. PASSED this 24t" day of March 2008. Trustee Brunner Trustee Kogstad Trustee Marcus Trustee Minx Trustee Staackmann Trustee Thill APPROVED by me This 24t" day of March 2008. Richard Krier, Village President Village of Morton Grove Cook County, IIlinois APPROVED and FILED in my office This 25t" day of March 2008. Carol A. Fritzshall, Village Clerk Village of Morton Grove Cook County, Illinois Lcgis\ord~2008\lease agreement Denali Speclrum,8820 National WATER TANK LEASE AGREEMENT This Water Tank Lease Agreement ("Agreement") is entered into as of this 24th day of March 2008, between DENALI SPECTRUM OPERATIONS, LLC, a Delaware limited liability company ("Lessee"), and Village of Morton Grove, an Illinois Municipal Corporation ("Lessor"). For good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereto agree as follows: t Leased Premises. 1.1. Premises. Lessor is the owner of a parcel of land ("Land") and a water tank ("Tank") located thereon in the Village of Morton Grove, County of Cook, State of Illinois, commonly known as the North Elevated Water Tank, 8820 National Street (the Tank and Land are collectively, the "Property"). The Land is legally described in Exhibit A annexed hereto. Lessor hereby leases to Lessee and Lessee leases from Lessor, approximately 300 square feet of the Land and space on the Tank (collectively, the "Premises") as described on the survey attached hereto as Exhibit B which is attached hereto solely for the purposes set forth in this lease and no other 1.2. Non-exclusive License. During the Term of this Lease, Lessor grants to Lessee anon-exclusive license on, over, and under the Property for ingress and egress, for the temporary storage of material and equipment, and for the construction, repair, maintenance and relocation of utilities for purposes described and subject to limitations and conditions set forth in this lease. 2. Use. 2.1. Lawful purpose. Lessee use of the Premises is limited to lawful telecommunications antenna purposes and related site preparation, improvements and maintenance purposes in accordance with the limitations and conditions in this lease and all applicable federal, state and local laws, regulations, ordinances and rules. Lessee may, at its sole cost and expense pursuant to the conditions set forth in this lease, erect and operate and maintain the improvements defined in Section 3. 2.2. Utilities. Lessor authorizes Lessee the right to use the Property for utilities at locations approved by the Director of Public Works for the purpose of construction, installation, removal, repair, relocation, replacement, maintenance and operation of electrical, telephone and other communication facilities and. transmission lines as may be required by Lessee and/or the utility company or companies providing services in connection with Lessee's telecommunications operations at the Leased Premises. No new poles or similar facilities shall be installed to provide overhead utility lines to the equipment platform or Tower. In the event the existing utility poles or similar facilities are not adequate for Lessee's utility requirements, Lessee shall cause any additional utility access lines to be run underground. The Lessee shall cause to be relocated any utility that needs to be relocated as determined by the Director of Public Works at the cost of the Lessee 2.3. Access during Construction. As approved and defined by the Director of Public Works, Lessee may use certain areas of the Property in addition to the Premise for the temporary storage and use of construction materials and equipment from time to time when Lessee or one of Lessee's contractor's, subcontractors, employees, agents or representatives is constructing, installing, removing, repairing, relocating, replacing improvements, installations or equipment pursuant to this Lease. Except during the initial installation of the antenna and construction of the Facilities, no storage of materials and/or equipment shall be of duration in excess of twenty (20) days unless approved in writing by the Director of Public Works. 3. Improvements 3.1. Lessee shall be allowed to mount 12 antennae on the Tank, and construct an outdoor equipment platform and such approved utilities and equipments on the ground space of approximately 300 square feet, and run cables from the equipment platform to the antennae on the Tank. Lessee shall provide As-Built drawings showing Lessee's facilities and equipment along with all underground utilities subsequent to the construction which shall be approved by Lessor prior to the installation or construction of the improvements. Such approval and inspection shall not be unreasonably withheld or delayed. 3.2. The improvements are defined and limited to the following: 3.2.1. _ antenna(s) to be located on the leased Premises at a position and height mutually determined by the parties prior to the commencement of the lease to be constructed and located by Lessee at Lessee's sole expense for use by Lessee throughout the Term and any Extended Term(s) The size of an individual antenna will be no more than 6 feet in height by 8 inches wide. 3.2.2. The equipment platform having dimensions of no more than to be constructed by Lessee located on the leased Premises at a position and height mutually determined by the parties prior to the commencement of the lease. 3.2.3. Radio communication equipment, including utility lines, transmission Tines, electronic equipment, radio transmitting and receiving antennas and supporting structures thereto as approved by Lessee and as depicted in Exhibit "C". 3.2.4. The Improvements described in these Sections 3.2.2 and 3.2.3 are referenced in this Lease as "Lessee's Facilities" or "Facilities". 3.3. The plans for both the antennas and Facilities are attached hereto as Exhibit "C" and made part of this agreement. 3.4. The location and placement of the cables that extend from the equipment enclosure or outdoor cabinet to the antennae on the Tank is subject to approval and subsequent inspection by Lessor. Term 4.1. The term of this Agreement shall be ten (10) years commencing on the date the Lessee receives its building permit to begin construction of its Facilities ("Commencement Date") and terminating on the tenth anniversary of the Commencement Date ("Term") unless otherwise terminated as provided in Section 23. 4.2. The term of this Lease shall be automatically renewable for four (4) additional terms of five (5) years each following the original term or any renewable term at the annual rental stated below and otherwise upon the same terms and conditions stated in this Lease. If Lessee desires to not extend any subsequent term of the Lease, it shall give Lessor written notice of its intention to not extend the term at least six (5) months prior to the expiration of the then current term whereupon the Lease shall be deemed canceled upon the expiration of the then current term. Rent and other Considerations. 5.1. Within 15 business days of the Commencement Date and on each anniversary of the Commencement Date, Lessee shall pay to Lessor as annual rent ("Rent") the amount set forth in paragraph 5(e). Rent shall be payable to Lessor at the Village of Morton Grove, 6101 Capulina Avenue, Morton Grove, Illinois 60053; Attention: Office of the Finance Director/Treasurer. 5.2. Rent shall be increased on each anniversary of the Commencement Date by an amount equal to three (3%) percent of the Rent for the previous year. 5.3. Lessee shall pay Lessor a late payment charge equal to five (5) percent of the late payment for any payment not paid when due. Any amounts not paid when due shall bear interest until paid at the lesser of the rate of two (2%) percent per month. 5.4. On or before the Commencement Date, Lessee shall furnish Lessor with a Performance Bond in the amount of $5,000.00 (the "Performance Bond"). The Performance Bond shall be held by Lessor as security for the faithful performance by Lessee of the terms, covenants, and conditions of this Agreement. if lessee defaults under this Agreement, which default is not cured by Lessee as provided in Section 22, Lessor may, in addition to any other available remedy, use, apply or draw on all or a part of this Performance Bond to compensate Lessor for any loss, damage, or expense incurred or suffered by Lessor by reason of Lessee's uncured default. Prior to Lessor drawing any sum of money from the Performance Bond, it shall first give Lessee written notice of its intention to do so and with that notice shall provide to Lessee written documentation of the loss, damage or expense for which Lessor seeks compensation from the Performance Bond. 5.5. The Rent and annual incremental increases thereof, shall be for the amounts stipulated in the following table: DATE ANNUAL RATE INCREASE Commencement Date $29,000.00 Year1 $29,870.00 3% Year 2 $30,766.10 3% Year 3 $31,689.08 3% Year4 $32,639.76 3% Year 5 $33,618.95 3% Year 6 $34,627.52 3% Year 7 $35,666.34 3% Year 8 $36,736.33 3% Year 9 $37,838.42 3% Year 10 $38,973.58 3% 5.6. The Rent and annual three (3%) percent increase thereof, shall be subject to review and adjustment by both parties on the tenth (10th) anniversary of the Commencement Date, provided the Lease is so extended. 5.7. Lessee shall upon thirty days notice, compensate Lessor for all costs incurred by Lessor in connection with this project including but not limited to the following: 5.7.1. Staff salaries for review of documents 5.7.2. Staff salaries for oversight of construction crews 5.7.3. Consultant expenses for review of documents 5.7.4. Contractor expenses for modifications to tower 6. Taxes and Waiver of Lessor's Lien 6.1. If property taxes are assessed, Lessee shall reimburse Lessor for any increases in real property taxes which are assessed as a direct result of the Lessee Facilities. As a condition of Lessee's obligation to pay such tax increases, Lessor shall provide to Lessee the documentation from the taxing authority, reasonably acceptable to Lessee, indicating the increase is due to Lessee Facilities. 6.2. Lessor waives any lien rights it may have concerning the Lessee Facilities which are deemed Lessee's personal property and are not fixtures, and Lessee has the right to remove the same at any time without Lessor's consent. 6.3. Lessee shall be solely responsible for and shall timely pay all taxes levied and assessed against it, its personal property, any improvements on the Leased Premises, or Lessee's leasehold interest in the Leased Premises. Lessee shall be responsible to pay such taxes directly, including real estate taxes assessed as a result of improvements made by Lessee on the Leased Premises. Upon written request of either party, the other shall provide evidence of payment of such taxes. Lessee's obligation to pay taxes relating to the Leased Premises in connection with Lessee's occupancy of the same shall survive the termination of this Lease, including any and all extensions thereof. 6.4. Lessee shall have the right to protest all taxes, assessments, charges, and impositions levied against its personal property, any improvements on the Leased Premises, or Lessee's leasehold interest in the Leased Premises, and Lessor agrees to join in such protest, if required by law, and to permit the Lessee to proceed wifh the protest in Lessor's name, provided that all expenses in any way relating to the protest are borne by Lessee. If the Lessor initiates an action to protest taxes or other assessments, the Lessee may join in such action provided that Lessee pays its own expenses of so participating. Lessor shall, within thirty (30) days of receipt of notice of any increase in taxes, assessments or other changes related to the Leased Premises, send a copy of such notice to Lessee by certified mail, return receipt requested. 7. Insurance 7.1. Lessee shall procure and maintain, for the duration of the contract, insurance against claims for injuries to persons or damages to property, which may arise from or in conjunction with the performance of the work hereunder by the Lessee, his agents, representatives or employees. 7.2. Minimum Scope of Insurance. Coverage shall be at least as broad as: 7.2.1. Insurance Services Office Commercial General Liability occurrence form CG 0001 with the Village named as additional insured, on a form at least as broad as the attached sample endorsement including ISO Additional Insured Endorsement CG 2010 (Exhibit A), CG 2026(Exhibit B) 7.2.2. Owners and Contractors Protective Liability (OCP) policy with the Village as insured Required if box is checked^ 7.2.3. Insurance Service Office Business Auto Liability coverage form number CA 0001, Symbol 01 "Any Auto." 7.2.4. Workers' Compensation as required by the Workers' Compensation Act of the State of Illinois and Employers' Liability insurance. 7.2.5. Builder Risk Property Coverage. 7.3. Minimum Limits of Insurance. Lessee shall maintain limits no less than the following: 7.3.1. Commercial General Liability: $5,000,000 combined single limit per occurrence for bodily injury, personal injury and property damage. 7.3.2. Owners and Contractors Protective Liability (OCP); $1,000,000 combined single limit. 7.3.3. Business Automobile Liability: $1,000,000 combined single limit per accident for bodily injury and property damage. 7.3.4. Workers' Compensation and Employers' Liability: Workers' Compensation limits as required by statute and Employers Liability limits of $1,000,000 per accident and $1,000,000 per disease. 7.3.5. Builder's Risk: Shall insure against "All Risk" of physical damage, including water damage (flood and hydrostatic pressure not excluded), on a completed replacement cost basis. 7.4. Lessee shall procure a bond guaranteeing payment. 7.5. Other Insurance Provisions 7.5.1. The policies are to contain, or be endorsed to contain, the following provisions: 7.5.1.1. General Liability and Automobile Liability Coverages 7.5.1.1.1. The Village, its officials, agents, employees and volunteers are to be covered as additional insured as respects: liability arising out of the Lessee's work, including activities performed by or on behalf of the Lessee; products and completed operations of the Lessee; premises owned, leased or used by the Lessee; or automobiles owned, leased, hired or borrowed by the Lessee. The coverage shall contain no special limitations on the scope of protection afforded to the Village, its officials, agents, employees and volunteers. 7.5.1.1.2. The Lessee's insurance coverage shall be primary as respects the Village, its officials, agents, employees and volunteers. Any insurance or self-insurance maintained by the Village, its officials, agents, employees and volunteers shall be excess of Lessee's insurance and shall not contribute with it. 7.5.1.1.3. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the Village, its officials, agents, employees and volunteers. 7.5.1.1.4. The Lessee's insurance shall contain a Severability of Interests/Cross Liability clause or language stating that Lessee's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's ability. 7.5.1.1.5. if any commercial general liability insurance is being provided under an excess or umbrella liability policy that does not "follow form," then the Lessee shall be required to name the Village, its officials, agents, employees and volunteers as additional insureds. 7.5.1.1.6. All general liability coverages shall be provided on an occurrence policy form. Claims-made general liability policies will not be accepted. 7.5.1.2. Workers' Compensation and Employers' Liability Coverage. The insurer shall agree to waive ail rights of subrogation against the Village, its officials, agents, employees and volunteers for losses arising from work performed by Lessee for the Village. 7.5.1.3. Ali Coverages. Each insurance policy required by this clause shat( be endorsed to state that coverage shall not be suspended, voided, cancelled, or reduced in limits except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the Village. 7.5.2. Under no circumstances shall Lessor be deemed to have waived any of the insurance requirements of this Agreement by any action or omission including, but not limited to, (a) allowing any work to commence by or on behalf of the Lessee before Lessor is in receipt of certificates of insurance, (b) failing to review any certificates of insurance received, or (c) failing to advise Lessee that any certificate of insurance fails to contain all the required insurance provisions, or may be deficient in any other manner. Lessee agrees that the obligation to provide the insurance required under this Agreement is solely its responsibility and that it is a requirement which cannot be waived by any action, inaction or omission by Lessor 7.6. Acceptability of Insurers 7.6.1. Insurance is to be placed with insurers with a Best's rating of no less than A-, VII and licensed to do business in the State of Illinois. 7.7. Verifcation of Coverage 7.7.1. Lessee shall furnish the Village with certificates of insurance naming the Village, its officials, agents, employees and volunteers as additional insureds. The certificates for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificates are to be received and approved by the Village before any work commences. Other additional insured endorsements may be utilized, if they provide a scope of coverage at least as broad as the coverage stated on the ISO Additional Insured Endorsements CG 2010 (Exhibit A) or CG 2026 (Exhibit B). The Village reserves the right to request full certified copies of the insurance policies and endorsements. 7.7.2. The Lessee shall furnish the Lessor with certificates of insurance evidencing coverage prior to the Commencement Date and upon each renewal of such insurance. The certificates of each insurance policy shall be signed by a person authorized by the insurer to bind coverage on its behalf. All certificates are to be received by Lessor before the Lessee receives a building permit and prior to the Commencement Date. 7.7.3. Subcontractors. Lessee shall include aIi Subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein. 8. Indemnification, Assumption of Risk. 8.1. Indemnification. To the fullest extent permitted by law, the each party ("Indemnitor'") hereby agrees to defend, indemnify and hold harmless the other, its officials, agents, subcontractors, volunteers and employees ("Indemnitees"), against all injuries, deaths, loss, damages, claims, patent claims, suits, liabilities, judgments, cost and expenses, which may in anywise accrue against the Indemnitees, in whole or in part or in consequence of this agreement by the Indemnitor, its employees, or subcontractors, or which may in anywise result therefore, except that arising out of the sole legal cause of the Indemnitees, 9. 10 the Indemnitor shall, at its own expense, appear, defend and pay all charges of attorneys and all costs and other expenses arising therefore or incurred in connections therewith, and, if any judgment shall be rendered against the Indemnitees, in any such action, the Indemnitor shall, at its own expense, satisfy and discharge the same. 8.2. Assumption of Risk: Lessee undertakes and assumes for its employees, agents, and subcontractors, all risk of dangerous conditions if any on or about the Leased Premises, and Lessee hereby agrees to indemnify and hold harmless the Lessor's employees, agents, and subcontractors (indemnitees) against and from any claim asserted or liability imposed upon the Landlord's indemnitees for personal injury or property damage to any person (other than from any indemnitees acts, omissions, misconduct, negligence or breach of any provision of the Lease) arising out of the Lessor's installation, operation, maintenance, condition or use of the Leased Premises or Property or Lessee's failure to comply with any federal, state, or local statute, ordinance or regulation. 8.3. Disclaimer of Liability. Lessor shall not at any time be liable for injury or damage occurring to any person or property from any cause whatsoever (other than from Lessor's acts, omissions, misconduct, negligence or breach of any provision of the Lease) arising out of Lessee's use of the Leased Premises. 8.4. The Lessee further agrees that to the extent that money is due the Lessee by virtue of this contract as shall be considered necessary in the judgment of the Village, may be retained by the Lessor to protect itself against said loss until such claims, suits, or judgments shall have been settled or discharged and/or evidence to that effect shall have been furnished to the satisfaction of the Lessor. 8.5. Lessee expressly understands and agrees that any performance bond or insurance policies required by this contract, or otherwise provided by the Lessee, shall in no way limit the responsibility to indemnify, keep and save harmless and defend the Lessor, its officials, agents and employees as herein provided. HEALTH & SAFETY 9.1. Lessee acknowledges that there may be hazardous substances, wastes, or materials as defined by applicable Law ("Hazardous Materials") at the Project Site or otherwise associated with the lease and shall take appropriate precautions to protect its employees, contractors, subcontractors, suppliers and others who may be associated with the performance of the work. 9.2. Lessee's employees and the employees of its contractors and subcontractors who perform the work shall be experienced and properly trained to perform the work under such conditions and shall take adequate precautions to protect human health and the environment in the performance of the work. 9.3. In the event that Lessor observes a potentially hazardous condition relating to the work, Lessor may bring such condition to the attention of Lessee. If Lessee fails to immediately respond and correct such potential or actual hazardous condition, Lessor has the right to suspend the work until such time as Lessee remedies the potential or actual hazardous condition. Lessee shall be solely responsible for any cost, expense or schedule disruption resulting from such suspension of the Work. 9.4. Lessee shall be solely and continuously responsible for the health, safety and welfare associated with Lessee's work at all times and not be limited to normal working hours. The Lessee's failure to thoroughly familiarize itself with and account for the aforementioned health and safety provisions and those additional requirements provided by Lessor, if any, will not relieve Lessee from the obligations set forth in this Contract. Preconstruction Data Gathering and Drawing Review 10.1. Subject to Section 16 Lessee shall have the right at any time following the full execution of this Agreement to enter upon the Premises for the purpose of making necessary engineering surveys, inspections, soil test. boring, other reasonable necessary tests for constructing the Lessee Facilities (as defined in Section 3); provided, however, such tests and construction shall be at Lessee's sole cost and expense and subject to inspection and approval by Lessor, such approval not to be unreasonable withheld or delayed. Should any damage arise from the Lessee's tests, it shall be repaired at the Lessee's expense and to the satisfaction of the Lessor. Upon Lessee's request, Lessor agrees to provide promptly to Lessee, copies of all available plans, specifications, surveys and Tank maps for the Land and Tank. Any and all costs associated with the reproduction and delivery of requested items shall be paid by the Lessee. 10.2. Prior to commencing construction, Lessee shall obtain Lessor's approval of Lessee's construction plans, which approval shall not be unreasonably withheld or delayed. The construction drawings shall be reviewed and approved by both the Director of Public Works and Village Engineer prior to authorization of construction. 10.3. Lessor may hire, if necessary, an independent technical expert to review and evaluate any application for the proposed Lessee Facilities. The Lessee shall reimburse the Lessor for all costs related to plan reviews completed by the Lessor. 10.4. Lessor shall give such approval or provide Lessee with its requests for changes thirty (30) days of Lessor's receipt of Lessee's plans. If Lessor does not provide such approval or request for changes within such thirty (30) day period, it shall be deemed to have approved the plans. Lessor shall not be entitled to receive any additional consideration in exchange for giving its approval of Lessee's plans. In addition, Lessee shall supply in writing, the frequency information for each of its antennas, the Effective Radiated Power (ERP) for each antenna, and the area around each antenna which is considered unsafe for personnel to be near. A site plan, tank elevations, and other documents related to the construction are hereby attached as Exhibit C. 11. Construction 11.1. Workmanlike Construction. Lessee agrees that al! installations and construction described in this Lease shall be completed promptly, in a neat, workmanlike manner, consistent with good engineering practices and in compliance with all applicable codes and regulations. 11.2. Any and all construction to be performed on the tank including, but not limited to, drilling, mounting, welding, and painting is to be completed only by Chicago Bridge and Iron (CBI) or such other entity approved in writing by Lessor, at Lessee's sole expense.. 11.3. Lessee shall not place any signs on the Tower, the Building or elsewhere on Leased Premises other than those required by applicable governmental regulations. In all events, Lessee shall first obtain the Lessor's written consent as to the sign design, size, and location all as required by Village Ordinances. 11.4. Lessee undertakes full and complete responsibility at all times hereafter for the expenses, quality, and construction of the Lessee's Facilities. Lessee will comply with all applicable federal, state and local laws, regulations and codes, code requirements and regulations of governmental authorities having jurisdiction over the construction of the Lessee's Facilities, including but not limited to, compliance with acts affecting construction of public buildings and service areas used by public employees. The Lessor may hire, if necessary, an independent technical expert to review and evaluate any plans submitted by Lessee for the proposed Lessee's Facilities. Lessee shall reimburse Lessor for its reasonable expenses for the cost of review upon presentation of proof of payment for such service by Lessor. Construction of the Lessee's Facilities shall be in accordance with all building permits and conducted by authorized and licensed personnel and performed in compliance with local and state requirements for construction activities upon public property. The construction work shall proceed without interference or disruption by or from Lessor or any other authorized users of the Property so long as the construction work in progress is at all times in compliance with the plans attached hereto and any and all applicable laws, regulations and codes and is diligently pursued. Lessee's equipment enclosure or outdoor cabinet shall be secured by Lessor's chain link fence which surrounds the Tank site. The gate to the chain link fence shall be kept locked for security purposes. Entry to the water tank area shall be governed by the security section within this Agreement. 11.5. All cable connections and antennae of Lessee Facilities that are placed on or lead to the Tank shall be placed and secured in a manner safe to ail people. In addition, all antennae, cables, the equipment enclosure, or other equipment attached to the exterior of the Tank shall be painted to match the exterior of the Tank. 11.6. Lessee's use of the Premises is contingent upon obtaining all permits, zoning, and other approvals that may be required by any federal, state, or local authority. Lessee shall erect, maintain, and operate its Lessee Facilities in accordance with site standards, statutes, ordinances, rules, and regulations now in effect or that may be issued thereafter by the Federal Communications Commission (FCC) or any other governing bodies. 11.7. Lessor shall be responsible for compliance with ail marking and lighting requirements of the Federal Aviation Administration ("FAA") and FCC. 11.8. When the Lessee does any work on the Leased Premises, it shall, at its own expense, remove any obstructions there from and restore the Leased Premises and Property to as good a condition as existed before the work was undertaken, normal wear and tear excepted, within thirty (30} days after the completion of any such work and to the reasonable satisfaction of Lessor unless otherwise directed by Lessor. 12. Utilities 12.1. Lessee shall pay for the electricity it consumes in its operations at the rate charged by the servicing utility company. Lessee shall obtain, at its sole cost and expense, separate utility service from any utility company that will provide service to the Property (including standby power generator for Lessee's exclusive use}. Any property on Premises necessary for such power or other utilities will be at a location acceptable to Lessor and the servicing utility company. 12.2. Lessee shall do all work necessary to prepare, maintain and alter the Premises for Lessee's business operations and to install transmission lines connecting the antennas to the transmitters and receivers. Lessee's construction and installation work shall be performed in a good and "workmanlike" manner. 12.3. Lessee shall, at its expense, separately meter charges for the consumption of electricity and other utilities associated with its use of the Premises and shall timely pay all costs associated therewith. 13. Inspection. Lessee shall cause its Antennas, Facilities and other appurtenances to be inspected at least annually. Lessee shall furnish Lessor with copies of any written reports generated as a result of any such inspections Lessor may inspect such Antenna, Facilities and appurtenances at any reasonable time 14. Water Tower Maintenance by Lessor. In the event the Lessor undertakes painting, construction or other alterations on the Tank, Lessee shall cooperate with Lessor's contractors during the painting, construction, or alteration process. Lessee must be given forty five (45) days written notice of any painting, construction, or other alterations on the Tank. Lessee may be required to remove or protect in place their equipment prior to the Lessor performing repairs or maintenance to the tank. The Lessee shall not be entitled to any compensation arising from the removal or protection of their facilities from the Lessor. In the event that the Lessee is not able to remain on the tower while work is being completed, the Lessor , at Lessor's sole discretion, may attempt to accommodate a temporary antenna facility which may, at Lessee's expense, include acell-on-wheels. In no way is a temporary facility guaranteed, however, it will be examined and determined on a case-by-case basis. In the event that a temporary facility is accommodated, the Lessee shall remove the temporary facility orcell-on-wheels within (10) ten days after the completion of the work. Any maintenance will be conducted by Lessor as diligently and expeditiously as possible. 15. Modifications 15.1. Replacements. Lessee may from time to time replace any of these items with new or different items with the same or different specifications as long as their installation is otherwise in compliance with this (ease agreement and applicable laws, ordinances, and codes. Additionally, installation of the above facilities requires approval from the Village of Morton Grove's Engineer. Such approval shall not be unreasonably withheld or delayed. 15.2. Restoration by Lessee. When the Lessee does any work on the Leased Premises, it shall, at its own expense, remove any obstructions there from and restore the Leased Premises to as good a condition as existed before the work was undertaken, normal wear and tear excepted, within thirty (30) days after the completion of any such work and to the reasonable satisfaction of Lessor unless otherwise directed by Lessor. 16. Security and Access to Site. 16.1. Subject to the following conditions, Lessee and its authorized representatives may have access to the equipment enclosure or outdoor cabinet twenty-four (24) hours-a-day, seven (7) days a week free of charge. Before entering the Property, Lessee or its representative must check in at the Morton Grove Police Department located at 6101 Capulina Avenue, where ali entering employees' company ID's will be copied and only thereafter, a key issued to the site. After work is completed said key must be returned to the Police Department. 16.2. In the event lessee or its authorized representatives require access to Lessee's antenna or facilities located on the tank, Lessee shall notify lessor representatives at (847-470-5235) during normal business hours (7:00 am to 3:15 pm) or after hours at (847) 470-5208. Lessor will have a designated representative at the tank at all time during lessee access. Lessee will not be charged for access to the tank during normal business hours (7:OOam to 3:15 pm). However after hours work will be charged to the lessee at the representative's over-time rate. This charge is to be considered a security fee and not part of the rental agreement. 16.3. Annually each party shall provide an updated list of contact phone numbers to allow necessary communication during maintenance operations. 16.4. It is also understood that security measures may change from time to time and Lessee will abide by any and all security measures the Lessor deems appropriate. 17. Interference 17.1. As used in this Lease Agreement, "interference" with a broadcasting activity shall mean (i) interference within the meaning of the provisions of the recommended practices of the Electronics Industries Association (EIA) and the rules and regulations of the FCC then in effect, or (ii) a material impairment of the quality of either sound or picture signals or broadcasting activity as may be defined by the FCC at any hour during the period of operation of activity, as compared with that which would be obtained if no other broadcaster were broadcasting from the Property or had any equipment on the Property. 17.2. Lessee shall operate the Lessee Facilities in a manner that will not cause physical, mechanical, radio frequency or signal interference to Lessor (including Village residents) or other Lessees or Licensees of the property, provided their installation predate the execution of this agreement. 17.3. All operations by Lessee shall be in compliance with all FCC requirements. 17.4. Subsequent to the installation of the Lessee Facilities, Lessor shall not permit itself, its lessees or licensees to install new equipment on the Property if such equipment is likely to cause physical, mechanical, radio frequency, or signal interference with Lessee's operations. Such interference shall be deemed a material breach by Lessor. In the event interference occurs, Lessor agrees to take all reasonable steps necessary to eliminate such interference, in a reasonable time period. Lessor shall have the right to install equipment that is in compliance with all FCC standards and regulations. 17.5. Lessor may require Lessee to provide, at Lessee's expense, an interference study indicating whether Lessee's installations on the Tower will interfere with any existing antennas or communications facilities. Lessee shall bear no responsibility whatsoever in connection with the operation of such additional Attachments unless it is conclusively determined that Lessee's Equipment is interfering with the proper operation of Lessor's Attachments. In such event, Lessor shall notify Lessee of such interference, and Lessee shall take immediate steps to remedy the same. 17.6. .Notwithstanding anything to the contrary contained elsewhere in this Lease Agreement, if Lessor becomes aware of any perceived interference, Lessor shall notify Lessee, and Lessee shall have a period of time, not to exceed fifteen (15) days in which to cure such interference or to prove that such interference is not caused by Lessee. If it is determined that such interference is caused by Lessee's equipment, and the same is not remedied within such fifteen (15) day period, Lessee shall cease operation of its Equipment on the Tower until such time as the interference is eliminated or minimized to levels acceptable to Lessor. 17.7. Should Lessor or area residents thereof reasonably claim interference with their existing residential uses due to Lessee Facilities, Lessee shall, at its sole cost and expense, cooperate with Lessor to determine if Lessee Facilities are the source of such claimed interference. Such cooperation shall include but not be limited to, intermodulation studies. Should it be determined by such studies that such interference is directly attributable solely to the operations of the Lessee Facilities on the Premises, Lessee, at its sole cost and expense, shall take all necessary measures to modify the Lessee Facilities in order to mitigate such interference to Lessor's reasonable satisfaction. 17.8. Lessee shall take all reasonable actions to prevent and properly remove any interference with broadcast activities of Lessor or other lessees of Lessor caused by Lessee's use of the Leased Premises. Lessor shall take all reasonable actions to prevent and promptly remove or cause to be removed any interference with Lessee's broadcast activities caused by future Lessees, licensees, invites or agents. 18. Nuisance Consideration. At no time will equipment by way of noise become a nuisance to residents. If by way of noise the equipment becomes a nuisance to residents, Lessee will after notification immediately remedy by whatever means necessary said nuisance. 19. Relocation of Lessee Facilities. 19.1. In the event Lessor chooses to raze or replace the Tank, Lessor may, at any time during the term change the location of the Lessee's Facilities on Exhibit "B" to another area (the "New Location"), provided that the New Location is oriented in the same direction, is at the same height as the original location, and meets all of Lessee's engineering specifications and requirements. Lessor shall give Lessee no less than twelve (12) months prior written notice of Lessor's exercise of its relocation right under this section. Lessee shall cooperate with Lessor, in all reasonable respects, so as to facilitate Lessee's relocation to the New Location. Lessee shall pay any and all expenses connected with moving the Lessee facilities to the new location. 19.2. The relocation of the Lessee Facilities to the New Location shall not cause the Rent payable under this Agreement to be increased. 19.3. Upon the relocation of the Lessee Facilities, all references in this Agreement to the Premises shall be deemed to be references to the New Location 20. Casualty. In the event the Leased Premises is destroyed or damaged in whole or in part by casualty during the term of this Lease then, at either party's option (exercised by notice to the other party), this Lease may be terminated as of the date of the event or at any time within ninety (90) days thereafter and no further rent shall be due under the Termination Section or any other Section of this Lease. In the event Lessee has prepaid rent to Lessor, Lessee shall be entitled to a refund of any unearned rent. Lessee shall not be entitled to any other reimbursement or compensation from Lessor. 21. Environmental Matters 21.1. As used in this Lease Agreement "Applicable Environmental Laws" shall mean the Comprehensive Environmental Response, Compensation and Liability Act, any so called "Superfund" or Superlien" law, or any other Federal, state, or local statute, law, ordinance, code, rule, regulation, order or decree regulating, relating to, or imposing liability or standards of conduct concerning any hazardous, toxic or dangerous waste, substance or material, as now or at any time hereafter in effect. "Hazardous Material" shall mean any hazardous, toxic or dangerous waste, substance or material as that term is defined in Applicable Environmental Laws. 21.2. Neither the Lessor nor, to the best knowledge of the Lessor, any other person has ever caused or permitted any hazardous Material to be placed, held, located or disposed of on, under or at the property or any part thereof nor any part thereof has ever been used by the Lessor, or to the best knowledge of the Lessor, by any other person either as a permanent or temporary dump site or storage site for any Hazardous Material. 21.3. Lessee indemnifies Lessor, Lessor's employees, agents and sub contractors and agrees to hold the Lessor harmless from and against any and all losses, liabilities, damages, injuries, costs, expenses, and claims of any and every kind whatsoever paid, incurred, or suffered by or asserted against Lessor for, with respect to, or as a direct or indirect result of, the presence on or under, or the escape, seepage, leakage, spillage, discharge, emission, discharging or release from the Property or into or upon any land, the atmosphere or any watercourse, body of water or wetland, of any Hazardous Material (including, without limitation, any losses, irabilities, damages, injuries, costs, expenses, or claims asserted or arising under Applicable Environmental laws) caused by or in the control of the Lessee. 21.4. In all other cases, Lessor indemnifies the Lessee and agrees to hold the Lessee harmless from and against any and all losses, liabilities, damages, injuries, costs, expenses, and claims of any and every kind whatsoever paid, incurred, or suffered by or asserted against Lessee for, with respect to, or as a direct or indirect result of, the presence on or under, or the escape, seepage, leakage, spillage, discharge, emission, discharging or release from the Property or into or upon any land, the atmosphere or any watercourse, body of water or wetland, of any Hazardous Material (including, without limitation, any losses, liabilities, damages, injuries, costs, expenses, or claims asserted or arising under Applicable Environmental laws) 21.5. The provisions of and undertakings and indemnification set out in this Section shall survive the termination of this Agreement. 22. Defaults 22.1. By Lessee. In the event of default under this Lease by Lessee, Lessor shall be entitled terminate this lease and retain all rents and other monies paid by Lessee to Lessor,. and shall in addition thereto be entitled to any other remedies as shall then be provided by law, except that prior to, and as a condition precedent to, the exercise of any remedy, Lessor shall give to Lessee written notice of default to Lessee and the nature of the default and Lessee shall have thirty (30) days after receipt of the notice within which to cure the default, during which period no remedy shall be pursued. If there is a default and Lessee fails to cure the default, Lessee will pay rent to the end of the then current rental term. 22.2. By Lessor. In the event of default by Lessor, Lessee, in addition to any other remedies as shall then be provided by law or equity, may terminate this Lease and Lessor will refund any unearned rent to Lessee, except that prior to, and as a condition precedent to such termination, Lessee shall give to Lessor written notice of default to Lessor and the nature of the default and Lessor shall have thirty (30) days after receipt of the notice within which to cure the default during which period no remedy shall be pursued. 23. Termination 23.1. Within 30 days of the expiration of this Lease, or its earlier termination or cancellation for any reason, Lessee shall at it sole expense remove from the Premises its Lessee Facilities. Lessee shall restore the premises to the condition in which it existed upon execution of this Agreement and as accepted by the Director of Public Works, normal wear and tear excepted. 23.2. This Agreement may be terminated without further liability on thirty (30) days prior notice as follows: (a) by either party upon a default pursuant to Section 23 (b) by Lessee if Lessee is unable to occupy and utilize the Premises due to an action of the FCC, including without limitation, a take back of channels or change in frequencies; or (c) by Lessee, and upon payment to Lessor of a liquidated damages payment equaling one hundred and eighty (180) days of the current annual rent, if Lessee determines that the Premises are not appropriate for its operations for economic or technological reasons, including, without limitation, signal interference; (d) by Lessor at any time following a determination by a qualified engineer (using appropriate instruments which are properly calibrated) that the power density levels emitted from Lessee's equipment located on the Premises exceed the American National Standards Institute's ("ANSI") "Safety Levels with Respect to Human Exposure to Radio Frequency Electromagnetic Fields: as set forth in ANSI Standard C95.1-1982 (or any ANSI Standards which supersede this standard), at points accessible to and intended for the general public and the inability of Lessee to bring its equipment into compliance with such standard within sixty (60) days after receipt of a written copy of Lessor's engineering findings; or (e) by Lessor if Lessor determines that the Premises are not appropriate for its use as a water tower provided Lessor gives Lessee at (east twelve (12) months written notice to terminate this Agreement and to vacate Lessee Facilities, with no further liability or obligations hereunder between the parties. 23.3. Removal of Equipment. Upon the expiration of this Lease, ar its earlier termination or cancellation for any reason, Lessee shat( at ifs sole expense remove from the Leased Premises all its antennas, transmitting and receiving equipment, transmitting lines, other personal property, trade fixtures and other improvements, except the Facilities, underground wiring, driveways, sidewalks and foundations shall remain in place and become the sole property of Lessor. Lessee shall have up to sixty (60) days after the effective date of the expiration, termination or cancellation to complete removal of all items. Lessee shall, at its expense, repair any damages to the Premises or Property caused by the removal of such building, and shall restore the site, normal wear and tear excepted, to the reasonable satisfaction of Lessor. Lessee shall not retain any right, title or interest, including the right of set-off, in and to said improvements. 24. Assignment and Subletting. Lessee may not assign, or otherwise transfer all or any part of its interest in this Agreement or in the Premises without the prior written consent of Lessor, not to be unreasonably withheld or delayed. The transfer of the rights and obligations of Lessee to a parent, subsidiary, or other affiliate of Lessee, or to any successor in interest or equity acquiring fifty-one percent (51°/0) or more of Lessee's stock or assets, shall not be deemed an assignment. Additionally, Lessee may mortgage or grant a security interest in this Agreement and Lessee's Facilities, and may assign this Agreement and Lessee's Facilities to any mortgagees or holders of security interests, including their successors or assigns (collectively, "Mortgagees"), provided such Mortgagees interests in this Agreement are subject to all of the terms and provisions of this Agreement. In such event, Lessor shall execute such consent to leasehold financing as may reasonably be required by Mortgagees. Lessor may assign this Agreement upon written notice to Lessee, subject to the assignee assuming all of Lessor's obligations herein. 25. Successors. Subject to the provisions regarding assignment, this Lease shall be binding upon, and inure to the benefit of, the successors-in-interest and permitted assigns or sublessees of the parties and any grantee of Lessor. 26. Severability. The invalidity or unenforceability of any particular provision of this lease shall not affect the other provisions, and this lease shall be construed in all respects as if any invalid or unenforceable provision were omitted. 27. Governing Law. The parties agree that any suit, action or proceeding arising out of or related to this Contract shall be instituted in the Federal District Court (Chicago) or in the appropriate state court in Cook County, Illinois, and each party irrevocably submits to the jurisdiction of those courts and waives any and all objections to jurisdiction or venue that it may have under the laws of such state or otherwise in those courts in any such suit, action, or proceeding. 28. Attorneys' Fees 28.1. If any suit or action shall be brought to enforce or declare any of the terms of this Lease, to terminate this Lease, to recover possession of the Leased Premises or to recover any rent or damages sustained as a result of a default in the performance of any obligations under this Agreement or a breach of any of the representations and warranties herein contained, the party not prevailing in such suitor action shall be liable to the prevailing party for the prevailing party's costs and expenses, including, without limitation, court costs, reasonable attorneys' fees accountant and other professional fees, and expert witnesses' fees in addition fo any other relief to which such prevailing party may be entitled. 29. Entire Agreement 29.1. This Agreement constitutes the entire agreement and understanding between the parties, and supersedes all offers, negotiation, and other agreements concerning the subject matter contained herein. Any amendments to this Agreement must be in writing and executed by both parties. 29.2. The following attachments are included and made part of this agreement: 29.1.1. Exhibit A Legal Description of Property 29.1.2. Exhibit B Description of Premise 29.1.3. Exhibit C Detailed Plans of Lessee's improvements 29.3. All Riders and Exhibits annexed hereto form material parts of this Agreement. 29.4. All prior understandings and agreements between the parties are merged into this Lease, and this Lease may not be modified orally or in any manner other than by an agreement in writing signed by both parties. 29.5. Presentation of this Lease by Lessee to Lessor shall not constitute an offer unless the Lease has been signed by Lessee, and this Lease shall not be binding until executed by both Lessor and Lessee. This Agreement may be executed in duplicate counterparts, each of which shall be deemed an original. 30. Notices. Any notice or demand required to be given shall be made by certified or registered mail, return receipt requested, or reliable overnight courier to the address of the respective parties set forth below: Lessor: VILLAGE OF MORTON GROVE 6101 Capulina Avenue Morton Grove, IL 60053 Attn: Village Administrator Lessee: DENALI SPECTRUM OPERATIONS, LLC c/o Cricket Communications, Inc. 10307 Pacific Center Court San Diego, CA 92121 Attn: Stefan Karnavas W/ copy to: DENALI SPECTRUM OPERATIONS, LLC c/o Cricket Communications, Inc. 10307 Pacific Center Court San Diego, CA 92121 Attn: Legal Department Lessor or Lessee from time to time may designate any other address for this purpose by written notice to the other party. IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first above written. LESSOR: VILLAGE OF MORTON GROVE LESSEE: DENALI SPECTRUM OPERATIONS, LLC, a Delaware limited liability company By: Denali Spectrum License, LLC Its sole member By: Denali Spectrum, LLC Its sole member By: Denali Spectrum Manager, LLC Its manager By: Doyon, Limited Its manager an Illinois Municipal Corporation By: By:_ Richard Krier Title: Village President Title: Tax Id# ATTEST: Carol A. Fritzshall, Village Clerk EXHIBIT °'A°' LEGAL DESCRIPTION OF PROPERTY LOTS 47THROUGH 54, OATH ING}JJSIVE, #!V FOREST"VIEW, BEINCa faEC)RiaE LANDECK'S SUB. OF THE: E. 27D FT. OF THE S. 1010.TT Ft. OF LOT 3 AAlD LOT 4 {EXCEPTTHE N. 336 FT.) 6N THE SUB. OF THE S. 23.Q5 CHA! IUS 4F THAT PAR7 LYIN[ WEST" DE= T HEC:EN'~EN O{= WAUiCE~SAN Rfl. OF THE SDUTHWEST 7 J4 OF SEG3tON 18, TOWNSHIP 41 NORTH, RANtiE 13 EAST OF THE THE RD PRfNO1PAL MERfDIAN, IN CO{3K GOUNTY, fILfNOIS EXFIIBII ~opar LEASED PREMISES ®RAYY'IV VS 2007-12-11 -Lease Agreement Legislative Summary Resolution OS-19 AUTHORIZATION FOR THE PURCHASE OF TWO FORD FUSIONS AND ONE FORD F-150 FORD PICK-UP TRUCK Introduced: Synopsis: Purpose: Background: Programs, Departments or Groups Affected Fiscal Impact: Source of Funds: Workload Impact: Administrator Recommendation: First Reading: Special Considerations or Requirements: March 24, 2008 This resolution will authorize the Public Works Department to purchase three vehicles to be used as inspection vehicles for the Building Department. To replace tluee existing vehicles used in the Building Department as inspection vehicles (these vehicles also serve as administration pool cars). Current practice is to use older Crown Victoria squad cars. Due to fuel and parts costs that practice no longer makes economical sense for continued use. As a member of the Northwest Municipal Conference, the Village of Morton Grove takes advantage of the Conference's competitive bidding process known as the Suburban Purchasing Cooperative Procurement Program. Public Works and Finance Departments. Funds in the 2008 Adopted Budget have been approved in the amount of $325,300 for replacement of vehicles and related equipment. The vehicles to be replaced at this time will be in the amount of $44,561. General fund Account Nos. 035017-572010 and 305033-572030 The implementation of the prograw is done as part of the normal operations of the Public Works and Finance Departments. Approval as presented Not required. The short notice for the purchase of these vehicles (primarily the Ford Fusions) is do to an ordering cut-off date of April 14, 2008. Respectfully submitted: Q-,g-y~ ZI~~ Jos ~ F. ade, Village Administrator /~ r/~ Prepared by: ~~ci~ ,Y,.L/ ~~ ~ Reviewed by: An De Monte, Director of Public Works Corporation Counsel RESOLUTION 08-I9 TO AUTHORIZE THE PURCHASE OF TWO FORD FUSIONS AND ONE FORD F-150 PICK-UP TRUCK THROUGH THE NORTH SUBURBAN PURCHASING COOPERATIVE PROCUREMENT PROGRAM WHEREAS, the Village of Morton Grove (VILLAGE), located in Cook County, Illinois, is a home rule unit of government under the provisions of Article 7 of the 1970 Constitution of the State of Illinois, can exercise any power and perform any function pertaining to its government affairs, including but not limited to the power to tax and incur debt; and WHEREAS, the Northwest Municipal Conference conducted a bidding process for the Cooperative Procurement Program, providing for the purchase of 2008 Ford Fusions and 2008 Ford F150 Pick-Up Trucks. The low bidder for said purchases was Currie Motors in Frankfort, Illinois; and WHEREAS, the Village, as a member of the Northwest Municipal Conference, has previously utilized the North Suburban Purchasing Cooperative Procurement Program for purchases of vehicles; and WHEREAS, the Village Board approved the 2008 Budget on November 26, 2007, as Ordinance 07-32, which included account numbers 025017-572010, and 305033-572030 in the amount of $325,300 that provides funding for vehicle and equipment replacement; and WHEREAS, the description and purchase price for these vehicles through the North Suburban Purchasing Cooperative Procurement Program is as follows: 1) 2008 Ford Fusion 2) 2008 Ford Fusion 3) 2008 Ford F1~0 Pick Up $]4,884.50 $14,884.50 $14,792.00 Total: $44,561.00 NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MORTON GROVE, COOK COUNTY, ILLINOIS AS FOLLOWS: SECTION L• The Corporate Authorities do hereby incorporate the foregoing WHEREAS clauses into this Resolution as though fully set forth therein thereby making the findings as hereinabove set forth. SECTION 2: Only that company listed and described on this Resolution for the purchase of two 2008 Ford Fusions, and. a 2008 Ford FI50 Pick-Up Truck be approved in this Resolution. SECTION 3: The Director of Public Works of the Village of Morton Grove is hereby authorized to execute the Purchase of two 2008 Ford Fusions, and one 2008 Ford Fl 50 Pick-Up Truck for a total amount of $44,561.00 from Currie Motors, 9423 W. Lincoln Highway, Frankfort, Illinois 60423. SECTION 4: That this Resolution shall be in full force and effect from and upon its passage and approval. PASSED this 24th day of March 2008. Trustee Brwmer Trustee Kogstad Trustee Marcus Trustee Minx Trustee Staackmann Trustee Thill APPROVED by me this 24`x' day of March 2008. Richard Krier, Village President Village of Morton Grove Cook County, Illinois APPROVED and FILED in my office This 25'h day of March 2008. Carol A. Fritzshall, Village Clerk Village of Morton Grove Cook County, Illinois Legislative Summary Resolution 08-20 AUTHORIZING THE SALE OF SURPLUS PERSONAL PROPERTY OWNED BY THE VILLAGE OF MORTON GROVE Introduced: March 24, 2008 Synopsis: This Resolution will authorize the sale of motor vehicles deemed surplus property. Purpose: Selling motor vehicles and equipment through the Northwest Municipal Conference run auction in cooperation with Obenauf Auctions, Inc. provides for an effective means for the Village to sell surplus vehicles. Back ground: The Public Works Department in its normal course of business annually reviews vehicle and equipment conditions for all Village departments. After a review by the department some of the equipment is determined to be no longer useful for a variety of reasons; some reasons being but not limited to the cost of maintenance, scheduled for replacement, outdated, or no longer used by Village departments. Ordinance OS-27 allows the Village to sell surplus motor vehicles pursuant to a resolution approved by simple majority of the Village Board of Trustees. Programs, Departments Public Works Department, Police Department, Fire Department, and Or Groups Affected Administration. Fiscal Impact: Funds that will be generated by the sale of equipment at auction are unknown at this time. Source of Funds: N/A Workload Impact: Minimal, delivery of equipment to auction. Admin Recommendation: Approval as presented. First Reading: I~~ot required Special Consideration or Auction. is to be held at Arlington Heights Public Works on May 3, 2008, at Requirements: 10:00 a.tn. Forms for the auction must be submitted no later than March 31, 2008 Respectfully submitted: ~rl~.~l c~ 1.t~u~ Jose~l`i F, ade, Village Administrator ,-~ Prepaaed by: ~L/~.i ~ Reviewed by: nc~y De Monte, Director of Public Works Teresa /~ Corporation Counsel RESOLUTION OS-20 AUTHORIZING THE SALE OF SURPLUS PERSONAL PROPERTY OWNED BY THE VILLAGE OF MORTON GROVE WHEREAS, the Village of Morton Grove (VILLAGE), Located in Cook County, Illinois, is a home rule unit of government under the provisions of Article 7 of the 1970 Constitution of the State of Illinois, can exercise any power and perform any function pertaining to its government affairs, including but not limited to the power to tax and incur debt; and WHEREAS, Article VII, Section 10 of the Constitution of the State of IIlinois, and Chapter 127, paragraphs 741-748 of the Illinois Revised Statutes, authorize and encourage intergovernmental cooperation; and WHEREAS, the Northwest Municipal Conference, a corporate organization representing municipalities and townships chartered within the State of Illinois and counties of Cook, Lake, McHenry, Kane, and DuPage, in cooperation with Obenauf Auction Service Inc, organizes joint municipal auctions of surplus vehicles; and WHEREAS, on or about May 23, 2005, the Corporate Authorities adopted Ordinance 05- 27 which established a policy for the sale or disposal of obsolete or surplus personal property; acid WHEREAS, pursuant to Ordinance OS-27 obsolete or surplus motor vehicles of any value and personal property that has an estimated value exceeding $1,000 may be sold subject to approval by the Village Board of Trustees pursuant to a resolution passed by a simple majority; and WHEREAS, the motor vehicles listed in Exhibit "A" and made a part of this resolution are no longer necessary or useful. to the Village of Morton Grove, in the opinion of the Finance Director and Village Adminisf~•ator. NOW, THEREFORE BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MORTON GROVE, COOK COUNTY, ILLINOIS AS FOLLOWS: SECTION 1: The Corporate Authorities do hereby incorporate the foregoing WHEREAS clauses into this Resolution as though fully set forth therein thereby making the findings as hereinabove set forth. SECTION 2: Pursuant to Ordinance OS-27 the Corporate Authorities concur with the opinion of the Finance Director and Village Administrator, that the property listed on Exhibit "A" is no longer necessary or useful to the Village of Morton Grove and is therefore deemed obsolete or surplus personal property, and it is in the best interest of the Village that this property be sold. SECTION 3: The Village Administrator for the Village of Morton Grove is hereby authorized to take all steps necessary to sell said property in any manner he deems appropriate, including at the following Northwest Municipal Conference/Obenauf Auction Service Inc. auction scheduled for: 10:00 am Saturday, May 3, 2008 Arlington Heights Public Works Facility 222 N. Ridge Ave. Arlh~gton Heights, II 60005 SECTION 4: The Village Administrator is hereby authorized to direct the Northwest Municipal Conference/Obenauf Auction Service, Inc. to advertise the sale of the aforementioned personal property through area newspapers, direct mailings, and other channels deemed appropriate prior to the date of said auction. SECTION 5: The Village Administrator is also hereby authorized to direct the Northwest Municipal Conference/Obenauf Auction Service, Inc. to enter into an agreement for the sale of said property (Exhibit "A") whereby said property is to be sold at auction according to the terms set forth in the Specifications for the Sale of Vehicles and Equipment at the Northwest Municipal ConferencelObenauf Auction. SECTION 6: No bid shall be accepted for the sale of any item, which is less than the minimum value set forth by the Public Works Director, unless the Public Works Director, or hislher designee so authorizes at the time of the auction. SECTION 7: Upon payment in full of the auctioned price for the aforesaid items of personal property by the highest bidder, the Village Administrator is authorized to direct the Northwest Municipal Conference/Obenauf Auction Service Inc. to convey and transfer the title and ownership of said personal property to the bidder. SECTION 8: This resolution shall be in full force and effect from and afrter its passage. PASSED this 24`x' day of March 2008. Trustee Brunner Trustee Kogstad Trustee Marcus Trustee Minx Trustee Staackmaim Trustee Thi11 APPROVED by me this 24`" day of March 2008. Richard Krier, Village President Village of Morton Grove Cook County, Illinois APPROVED and PILED in my office this 25`h day of March 2008. Carol A. Fritzshall, Village Clerk Village of Morton Grove Cook County, Illinois "Exhibit A" The following Vehicles and or equipment are deemed surplus property and are slated for auction by the Northwest Municipal Conference in cooperation with Obenauf Auctions Inc. held at the Arlington Heights Public Works Facility. 1. 1989 Ford F - 350 Ambulance 1 FDKF37MOKNB40911 (Fire Department) 2. 1981 Mack Salter/Plow 1 M2S131 C2BA001014 (Public Works) 3. 1987 GMC 250 Utility 1GDGR24K2HJ518852 (ESDA) Legislative Summary Resolution 08-21 ~ AUTHORIZING THE ANNUAL MEMORIAL DAY PARADE AND CLOSURE OF DEMPSTER STREET Introduced: Synopsis: Purpose: Background: Programs, Departments or Groups Affected Fiscal Impact: Source of Funds: Workload Impact: Administrator Recommendation: First Reading: Special Considerations or Requirements: Respectfully submitted: J March 24, 2008 This resolution will authorize the 2008 Memorial Day Parade on Dempster Street, Route 58, at 1:30 pm on Sunday, June 1, 2008, which will require the closing of Dempster Street, Route 58, either partially or completely between Austin and Ferris Avenues between 12:30 pm and 4:30 pm. The Illinois Department of Transportation requires the Village adopt an ordinance approving the closing of Dempster Street. The ordinance also authorizes the Village Engineer to file an application through the Illinois Department of Transportation for the closing of Dempster Street, Route 58, from 12:30 pm to 4:30 pm on Sunday, June 1, 2008, for the Annual Memorial Day Parade. The Memorial Day Parade is a Morton Grove tradition, and each year a resolution is developed authorizing the parade and assuming full responsibility for the direction, protection, and regulation of traffic during the time the detour is in effect and all liabilities for damages of any kind occasioned by the closing of said state route. Public Works-Placement of barricades and directional information Police Department-Enforcement and traffic control Overtime associated with above activities General Fund dollars will be used to support the manpower and equipment costs All Village Departments will provide their usual support for this activity Approval None required None made, Village Administrator Prepared by: _,~. ~ -~ " ~ ~ Reviewed 1 ~arv?rillineham. Viler' e Enameer Tere RESOLUTION 08-21 MEMORIAM DAY PARADE CLOSURE OF DEMPSTER STREET WHEREAS, the Morton Grove Post #134 American Legion is planning a parade as part of an annual celebration on Sunday, June 1, 2008; and WHEREAS, the parade will commence at 1:30 p.m. and will require the closing of Dempster Street for approximately two hours, either partially or completely between Austin Avenue and Ferris Avenue between the hours of 12:30 pm and 4:30 pm; and WHEREAS, the State of Illinois requires the Village to assume all responsibility and liability involved in closing said State Route. NOW, THEREFORE, BE IT RESOLVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MORTON GROVE, COOK COliN"TY, ILLINOIS AS FOLLOWS: SECTION l: The Corporate Authorities do hereby incorporate the foregoing WHERF,AS clauses nito this Resolution as though fully set forth therein thereby making the findings as hereinabove set forth. SECTION 2: That the Village Engineer will file an application with the Illinois Department of Transportation for the closing of Dempster Street on Sunday, June 1, 2008, from 1250 pm to 4:30 pm. SECTION 2: That the Village will assume full responsibility for the direction, protection and regulation of traffic during the time the detour is in effect and all liabilities for damages of any kind occasioned by the closing of said State Route. It is further agreed that efficient, all weather detours will be maintained, conspicuously marked and judiciously police patrolled for the benefit of traffic deviated from the State Route. PASSED THIS 24`"DAY OF March 2008. Trustee Brunner Trustee DiMaria Trustee Kogstad Trustee Minx Tnistee Senensky Trustee Staaclanann APPROVED BY ME THIS 24`"DAY OF March 2008. Richard Krier, Village President Village of Morton Grove Cook County, Illinois ATTESTED AND FILED in my office This 25`" day of March 2008. Carol A. Fritzshall, Village Clerk Village of Morton Grove Cook County, Illinois ~orfon ~roua ~oaf '3~F o~f~Ce ./dmerican oLe~ion 8140 OEMP STER STREET MORTON GROVE. ILLIN OIS 80053 Village of Morton Grove 6101 Capulina Morton Grove, Illinois 60053 Deaz Village Administrator, The Morton Grove American Legion Post #134 will have the same two parades that they have had in the past years, Memorial Day and Veterans Day. The Dates this year fall on Sunday June lst and November 9a` at 1:30PM each date. The route will be east on Dempster from the post parking lot to Austin, south on Austin to Lincoln, west on Lincoln to the Doughboy statue at the Library. After the half hour program, the parade will go north on Georgians crossing Dempster into the pazking lot. Please notify the various village departments and the Illinois Deparhnent of Transportation (IDOT) so that arrangements are made to close the various streets during the parade. Thank you again for your support and continuing help for our Legion programs. ,n ,.,r ~~ rr it //~,, ~ G~ J seph Hedrick Village Liaison Legislative Summary Resolution U8-22 j AUTHORIZING THE ANNUAL JULY 4 PARADE AND CLOSURE OF DEMPSTER STREET Introduced: March 24, 2008 Synopsis: 'This resolution will authorize the 2008 July 4 Parade on Dempster Street, Route 58, at 2:30 pm on Tuesday, July 4, 2008, which will require the closing of Dempster Street, Route 58, either partially or completely between Central and Ferris Avenues between 2:00 pm and 4:30 pm. Purpose: The Illinois Department of Transportation requires the Village adopt a resolution approving the closing of Dempster Street. The resolution also authorizes the Village Engineer to file an application through the Illinois Deparnnent of Transportation for the closing of Dempster Street, Route 58, from 2:00 pm to 4:00 pm on Tuesday, July 4, 2008, for the Annual July 4 Parade. Background: The July 4 Parade is a Morton Grove tradition, and each year a resolution is developed authorizing the parade and assuming full responsibility for the direction, protection, and regulation of traff c during the time the detour is in effect and all liabilities for damages of any kind occasioned by the closing of said state route. Programs, Departments Public Works-Placement of barricades and directional information or Groups Affected Police Department-Enforcement and traffic control Fiscal Impact: Overtime associated with above activities Source of Funds: General Fund dollars will be used to support the manpower and equipment costs Workload Impact: All Village Departments will provide their usual support for this activity Administrator Approval Recommendation: First Reading:. None required Special Considerations or None Requirements: Respectfully submitted: jv,¢e!C~`~ G'~'i~' .____~ Jose F. ade, Village Administrator ~~~ ~ c Prepared by: ` ~ ~ Reviewed by: Ryan.. illingham, Village ngineer Teresa r---- Corporation Counsel RESOLUTION 08-22 FOURTH OF JCFLY PARADE CLOSURE OF DEMP5TER STREET WHEREAS, the Morton Grove Days Commission is planning a parade as part of its amlual celebration at 2:30 pm on Friday, July 4, 2008; and WHEREAS, the parade will require the closing of Dempster Street, either partially or completely between Central Avenue and Ferris Avenue from approximately 2:00 pm to 4:30 pm; and WHEREAS, the State of Illinois requires the Village to assume all responsibility and liability involved in closing of said State Route. NOW, THEREFORE, BE IT RESOLVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MORTON GROVE, COOK COUNTY, ILLINOIS AS FOLLOWS: SECTION l: The Corporate Authorities do hereby incorporate the foregoing WHEREAS clauses into this Resolution as though fully set forth therein thereby making the findings as hereinabove set forth. SECTION 2: That the Village will assume full responsibility for the direction, protection and regulation of traffic during the time the detour is in effect and all liabilities for damages of any kind occasioned by the closing of said State Route. It is further agreed fhat efficient, all weather detours will be maintained, conspicuously marked and judiciously police patrolled for the benefit of traffic deviated from the State Route. PASSED this 24`h day of March 2008 Trustee Brunner Trustee DiMaria Trustee Kogstad Trustee Minx Trustee Senensky Trustee Staackmarm APPROVED by me this 24`h day of March 2008. Richati-d Krier, Village President Village of Morton Grove Cook County, Illinois APPROVED and FILED in my office 25`i' day of March 2008. Carol A. Fritzshall, Village Clerk Village of Morton Grove Cook County, Illinois BRYNGING OUR COMMUNITY TOGETHER Morton. Grove Bays Committee 6834 Dempster * Morton Grove, IL 60053 Phone: (847) 965.1200 * Fax: (847) 965-7484 March 2008 Mr. Ryan Gillingham, Village Engineer Morton Grove Public Works Department 7840 Nagle Morton Grove, IL 60053 Dear Ryan, Once again, The Morton Grove Days Commission has begun the process of planning our annual Parade. This year's event will take place on Friday, July 4`h starting at 2:30 p.m. As in year's past, I would like to ask your assistance in requesting the state to divert traffic flow for this particular date. The Parade route is on Dempster Street from Central Avenue and continues to Ferris Avenue. I would like to suggest that traffic be diverted beginning at Z:15 to 4:00 p.m. on Dempster Street for July 4, 2008, In addition, I would like to have signs posted on Tuesday morning prohibiting parking on both sides of the following streets: • Central South From Dempster To Theobald • Theobald East From Major To Frontage • Frontage From Central South To Mango If you need further information or have any questions, please feel free to give me a call at: 847-243-1076 (work) or after 5:00 p.m. 847-470-1836 (home). If you cannot reach me, please contact Jeff Fougerousse, Diredar of Morton Grove Park District and liaison to the Commission. Jeff can be reached at: 847-965-1200. Thank you for your help with this matter. Regards, MaggieMaggie Zl~ de Chair Morton Grove Days Commission 6834 Dempster Street Morton Grove, IL 60053 Cc: Joe Wade Jeff Fougerousse Tim Karp