2016-12-05 - Village Board Regular Meeting - Agenda PacketFifty Raupp Blvd
Buffalo Grove, IL 60089-2100
Phone: 847-459-2500
A. Pledge of Allegiance
2. Approval of Minutes
A. Village Board - Regular Meeting - Oct 17, 2016 7:30 PM
B. Village Board - Special Meeting - Oct 24, 2016 7:30 PM
C. Village Board - Regular Meeting - Nov 7, 2016 7:30 PM
D. Village Board - Special Meeting - Nov 14, 2016 7:30 PM
3. Approval of Warrant
A. Approval of Warrant #1270 (Trustee Johnson) (Staff Contact: Scott Anderson)
4. Village President's Report
A. National Distracted Drunk & Drugged Driving (3D) Prevention Month (President
Sussman) (Staff Contact: Steven Casstevens)
5. Village Manager's Report
A. Fire Lieutenant Promotion (Trustee Trilling) (Staff Contact: Mike Baker)
6. Special Business
A. Public Hearing for an Amendment to the Berenesa Plaza Annexation Agreement to Allow
for a New Commercial Development on the 25 Acre Property at the Northwest and
Southwest Corners of Milwaukee Avenue (Request to Continue to December 19, 2016
Village Board Meeting) (Trustee Berman) (Staff Contact: Chris Stilling)
B. Public Hearing to Discuss the 2017 Budget (Trustee Johnson) (Staff Contact: Scott
Anderson)
7. Reports from Trustees
8. Consent Agenda
All items listed on the Consent Agenda, which are available in this room this evening, are
considered to be routine by the Village Board and will be enacted by one motion. There will be
no separate discussion of these items unless a Board member or citizen so requests, in which
event, the item will be removed from the General Order of Business and considered after all other
items of business on the Regular Agenda under New Business. (Attached).
A. Authorization to Execute Contract Extensions with Multiple Vendors (Trustee Johnson)
(Staff Contact: Brett Robinson)
SUMMARY: Staff recommends that the Village President and Board of Trustees
authorize staff to execute the following Contract extensions as listed below and further
detailed in the attached memo.
A fourth year contract option with Elevator Inspection Services Company, Inc.(EIS), for
Elevator Inspection Services.
A fourth year contract option with Presstech, Inc., for Printing Services.
A fourth year contract option with InterDev,LLC., for Information Technology Services.
A fourth year contract option with Melrose Pyrotechnics., for Firework Displays.
A fourth year contract option with Indestructo rental company for Tent and Equipment
Rental Services.
A third year contract option with Magic Dreams Productions for Video Services.
A third and final contract option with Municipal GIS Partners, Inc., for Geographical
Information Services.
A second year contract option with Denler Inc., for Crack Sealing Services.
A second year contract option with Hydro Vision Inc., for Sewer Televising Services.
A second year contract option with Ultrastrobe Inc., for Emergency Vehicle Lighting
Installation Services.
B. Award of Bid Custodial Services (Trustee Stein) (Staff Contact: Brett Robinson)
SUMMARY: Based on the review of the bids, reference checks, and interviews, staff
recommends the Village Board authorize staff to execute an agreement for custodial
services to the second lowest bidder, Perfect Cleaning Services, for a cost not to exceed
$104,876.00.
C. Certificate of Initial Acceptance and Approval: 850 Asbury Drive (Trustee Stein) (Staff
Contact: Darren Monico)
SUMMARY: Attached is the Certificate of Initial Acceptance and Approval for the
Development at 850 Asbury Drive and the Plat of Easement. The improvements have
been completed and staff recommends approval to begin the one year maintenance
period and approving the Plat of Easement.
D. IICP Engineering & Field Services (Trustee Stein) (Staff Contact: Michael Reynolds)
SUMMARY: The Metropolitan Water Reclamation District of Greater Chicago has established
new requirements for the Inflow/Infiltration Control Program (IICP) which apply to all separate
sanitary sewer systems within Cook County. Requirements need to be met by 2020. Staff
requests authorization to execute an agreement with RJN Group at a price not to exceed
$174,425 over the next 4 years, subject to review and approval of the agreement by the
Village Attorney.
E. R-2016-28 Resolution for Construction on State Highways (Trustee Stein) (Staff
Contact: Brett Robinson)
SUMMARY: This action is required by the State of Illinois and permits the Village to
perform its required maintenance on State roads and acts as the Village's Surety Bond
for the calendar years 2016 and 2017.
9. Ordinances and Resolutions
A. 0-2016-60 An Ordinance for the Levy and Collection of Taxes for the Fiscal Year
Commencing on the 1 St Day of January, 2017 and Ending on the 31 St Day of December,
2017 (Trustee Johnson) (Staff Contact: Scott Anderson)
B. 0-2016-61 An Ordinance Abating Taxes Levied for the Village of Buffalo Grove, Cook
and Lake Counties, Illinois (Trustee Johnson) (Staff Contact: Scott Anderson)
C. R-2016-29 A Resolution Requesting the County of Cook Not to Collect the Loss in
Collection on Taxable Property in the Village of Buffalo Grove (Trustee Johnson) (Staff
Contact: Scott Anderson)
D. R-2016-30 A Resolution Requesting the County of Lake Not to Collect the Loss in
Collection on Taxable Property in the Village of Buffalo Grove (Trustee Johnson) (Staff
Contact: Scott Anderson)
E. 0-2016-62 An Ordinance Adopting the Fiscal 2017 (January 1 - December 31, 2017)
Budget for the Village of Buffalo Grove (Trustee Johnson) (Staff Contact: Scott
Anderson)
F. R-2016-31 A Resolution Approving the 2017 Pay Ranges (Trustee Johnson) (Staff
Contact: Arthur Malinowski)
G. R-2016-32 A Resolution Authorizing Execution of a Lease for the Buffalo Grove Golf
Course Restaurant (Trustee Johnson) (Staff Contact: Geoff Tollefson)
10. Unfinished Business
11. New Business
12. Questions From the Audience
Questions from the audience are limited to items that are not on the regular agenda. In
accordance with Section 2.02.070 of the Municipal Code, discussion on questions from the
audience will be limited to 10 minutes and should be limited to concerns or comments regarding
issues that are relevant to Village business. All members of the public addressing the Village
Board shall maintain proper decorum and refrain from making disrespectful remarks or comments
relating to individuals. Speakers shall use every attempt to not be repetitive of points that have
been made by others. The Village Board may refer any matter of public comment to the Village
Manager, Village staff or an appropriate agency for review.
13. Adjournment
The Village Board will make every effort to accommodate all items on the agenda by 10:30 p.m.
The Board, does, however, reserve the right to defer consideration of matters to another meeting
should the discussion run past 10:30 p.m.
The Village of Buffalo Grove, in compliance with the Americans with Disabilities Act, requests that
persons with disabilities, who require certain accommodations to allow them to observe and/or
participate in this meeting or have questions about the accessibility of the meeting or facilities,
contact the ADA Coordinator at 459-2525 to allow the Village to make reasonable
accommodations for those persons.
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MINUTES OF THE REGULAR MEETING OF THE VILLAGE BOARD OF THE VILLAGE OF
BUFFALO GROVE HELD IN THE COUNCIL CHAMBERS, 50 RAUPP BOULEVARD,
BUFFALO GROVE, ILLINOIS ON MONDAY, OCTOBER 17, 2016
CALL TO ORDER
President Sussman called the meeting to order at 7:30 P.M.
ROLL CALL
Roll call indicated the following present: President Sussman; Trustees Berman, Trilling, Stein,
Ottenheimer, Weidenfeld and Johnson.
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Also present were: Dane Bragg, Village Manager; William Raysa, Village Attorney; Luke Glisan, 3
Assistant Village Attorney; Deputy Village Manager Jennifer Maltas; Scott Anderson, Director of Finance;
Art Malinowski, Human Resource Director; Evan Michel, Management Analyst; Christopher Stilling,
Director of Community Development; Brett Robinson, Director of Purchasing; Mike Reynolds, Director of G
Public Works; Darren Monico, Village Engineer; Geoff Tollefson, Director of Golf Operations; Deputy >
Police Chief Szos; and Deputy Fire Chief Wagner. o
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APPROVAL OF MINUTES Q
Moved by Johnson, seconded by Trilling, to approve the minutes of the September 19, 2016 Regular
Meeting.
The Village Clerk noted that there were two typos that had been corrected.
Upon roll call, Trustees voted as follows:
AYES: 5 — Berman, Trilling, Stein, Weidenfeld, Johnson
NAYS: 0 — None
ABSTAIN: 1 — Ottenheimer
Motion declared carried.
WARRANT 91268
Mr. Anderson read Warrant #1268. Moved by Ottenheimer, seconded by Weidenfeld, to approve Warrant
#1268 in the amount of $4,525,702.31, authorizing payment of bills listed. Upon roll call, Trustees voted
as follows:
AYES: 6 — Berman, Trilling, Stein, Ottenheimer, Weidenfeld, Johnson
NAYS: 0 — None
Motion declared carried.
VILLAGE PRESIDENT'S REPORT
President Sussman congratulated Kildeer School District #96 on two awards that they received.
Ben Levin, Twin Groves Middle School, is Health Educator of the Year, recognized by the State Board
of Education as the best in his field of expertise. Mr. Levin was congratulated by the audience and the
Board.
President Sussman congratulated Julie Schmitt, Superintendent of School District 496, who received the
2016 Lake County Superintendent of the Year Award.
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Trustee Johnson read a Proclamation declaring October 31, 2016 from 2:00 P.M. to 8:00 P.M. as Trick or
Treat Day in Buffalo Grove, and urged residents to participate in making this a safe and enjoyable activity
for our youngest residents.
President Sussman read a Proclamation declaring October as National Breast Cancer Awareness Month
in the Village of Buffalo Grove and encouraged Village residents to support fundraising efforts for
enhanced research and support programs.
VILLAGE MANAGER'S REPORT
Paulette Greenberg presented a report on the 2016 Farmer's Market, noting that the event becomes more
successful each year; she thanked the volunteers, the vendors and the Village for their support in making
this program a success. Trustee Stein commented on how highly the vendors think of the Buffalo Grove
Farmer's Market, and thanked Paulette and the committee for their hard work and dedication.
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PUBLIC HEARING — BERENESA PLAZA
President Sussman opened the Public Hearing for an Amendment to the Berenesa Plaza Annexation G
Agreement to allow for a New Commercial Development on the 25 Acre Property at the Northwest and >
Southwest Corners of Milwaukee Avenue (Request to Continue to December 5, 2016 Village Board o
Meeting) at 7:42 P.M. a
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Roll call indicated the following present: President Sussman; Trustees Berman, Trilling, Stein,
Ottenheimer, Weidenfeld and Johnson. a
Notice of Public Hearing was published in the Daily Herald on October 2, 2016.
President Sussman stated that, due to changes in the site plan, this Public Hearing will be continued until
December 5, 2016.
Moved by Stein, seconded by Ottenheimer, to continue this Public Hearing until December 5, 2016. Upon
roll call, Trustees voted as follows:
AYES: 6 — Berman, Trilling, Stein, Ottenheimer, Weidenfeld, Johnson
NAYS: 0 — None
Motion declared carried.
At 7:43 P.M., President Sussman continued the Public Hearing until December 5, 2016.
PUBLIC HEARING — SPEEDWAY
President Sussman opened the Public Hearing for an Amendment to the Annexation Agreement for
Speedway at 201 Milwaukee Avenue to Allow for a 350 Square Foot Building Addition at 7:44 P.M.
Roll call indicated the following present: President Sussman; Trustees Berman, Trilling, Stein,
Ottenheimer, Weidenfeld and Johnson.
Notice of Public Hearing was published in the Daily Herald on October 2, 2016.
Mr. Stilling provided an overview of the proposed Annexation Agreement, details of which are contained
in the Village Board Meeting Agenda Item Overview that he prepared, as well as his memo to the Board of
October 12, 2016.
The petitioner then provided further detail on their request, after which he answered questions from the
Board.
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Mr. Stilling confirmed that, if this property were not subject to the specific Annexation Agreement, there
would be no need for action in order to accomplish the proposed change.
At 7:49 P.M., President Sussman continued the Public Hearing until action is taken later on in the agenda.
TRUSTEE REPORTS
The Village Clerk noted that Early Voting for the November 8, 2016 General Election will run from
October 24, 2016 through November 7, 2016. The polls will be open from 6:00 A.M. until 7:00 P.M. on
Election Day. Election judges are always needed in both counties.
The Village Clerk noted that our annual Civics Forum will be held next Monday, October 24, 2016, and
provided a brief synopsis of the purpose of the Civics Forum. The participating students are in attendance
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tonight and each of them introduced themselves to the audience and the Board.
Trustee Johnson noted that there is a Halloween Decorating Contest in Buffalo Grove, and urged
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residents to decorate their homes and enter the results in the contest.
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CONSENT AGENDA
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President Sussman explained the Consent Agenda, stating that any member of the audience or the Board
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could request that an item be removed for full discussion. The Village Clerk read a brief synopsis of each
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of the items on the Consent Agenda.
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Proclamation — Native American Heritage Month
Motion to declare the month of November 2016 as Native American Heritage Month in the Village of
Buffalo Grove.
Police Department Security Camera Enhancements
Motion to waive bids and authorize the award of a contract to Esscoe, LLC for the Security Camera
Enhancement project at the Police Department in an amount not to exceed $69,786.00.
Resolution No. 2016-23 — EMA Mutual Aid
Motion to pass Resolution No. 2016-23 relating to an Emergency Management Mutual Aid Agreement.
Ordinance No. 2016-46 — Lilguor Controls
Motion to pass Ordinance No. 2016-46, amending Chapter 5.20 Liquor Controls rescinding the Class E
Liquor License issued to Grill on the Rock, Inc.
Ordinance No. 2016-47 - Inspection Requirements
Motion to pass Ordinance No. 2016-47, amending Chapter 15.36.060 — Inspection Requirements.
Ordinance No. 2016-48 — Sky Fitness
Motion to pass Ordinance No. 2016-48, approval of an Amendment to Ordinance No. 2015-56 for Sky
Fitness at 1501 Busch Parkway.
Ordinance No. 2016-49 — Buffalo Grove Municipal Code
Motion to pass Ordinance No. 2016-49, amending Section 5.24.100, Hours, and Section 9.38.037,
Construction Regulations — Hours of Work, of the Buffalo Grove Municipal Code.
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It was requested that Item 8.G., Ordinance No. 2016-49 be removed from the Consent Agenda.
Moved by Weidenfeld, seconded by Johnson, to approve the Consent Agenda, minus Item 8.G. Upon roll
call, Trustees voted as follows:
AYES: 6 — Berman, Trilling, Stein, Ottenheimer, Weidenfeld, Johnson
NAYS: 0 — None
Motion declared carried.
RESOLUTION NO.2016-24 — TRANSPORTATION LOCKBOX
Trustee Berman presented a brief synopsis of the proposed Transportation Lockbox Constitutional
Amendment question which will appear as a referendum question on the ballot in the November 8, 2016
election.
Mike Sturino, President and CEO of the Illinois Road and Transportation Builders Association, provided
information explaining why he believes voters should approve the Safe Roads Amendment.
State Representative Elaine Nekritz, one of the four Representatives who voted against placing this
amendment on the ballot, explained why she believes that voters should vote against the proposed
amendments.
Mr. Sturino and Representative Nekritz were thanked for taking the time to attend and offer their views on
the ballot question.
Under advice from counsel, Mr. Bragg stated that staff is prepared to withdraw from consideration
Resolution No. 2016-24 from tonight's agenda in order to avoid any perceived conflicts, thus the item
before the Board is for informational purposes only.
RESOLUTION NO. 2016-25 — BUFFALO GROVE GOLF COURSE RESTAURANT
Moved by Johnson, seconded by Berman, to pass Resolution No. 2016-25, authorizing Negotiation of
Lease for the Buffalo Grove Golf Course Restaurant. Upon roll call, Trustees voted as follows:
AYES: 6 — Berman, Trilling, Stein, Ottenheimer, Weidenfeld, Johnson
NAYS: 0 — None
Motion declared carried.
ORDINANCE NO. 2016-50 — SPEEDWAY
Moved by Weidenfeld, seconded by Johnson, to pass Ordinance No. 2016-50, approving an Amendment to
the Annexation Agreement to allow for a 350 square foot Building Addition for Speedway at 201
Milwaukee Avenue.
Mr. Stilling reviewed the proposed ordinance, details of which are contained in his memo to the Board of
October 12, 2016.
Upon roll call, Trustees voted as follows:
AYES: 6 — Berman, Trilling, Stein, Ottenheimer, Weidenfeld, Johnson
NAYS: 0 — None
Motion declared carried.
Moved by Weidenfeld, seconded by Johnson, to close the Public Hearing. Upon roll call, Trustees voted as
follows:
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AYES: 6 — Berman, Trilling, Stein, Ottenheimer, Weidenfeld, Johnson
NAYS: 0 — None
Motion declared carried.
The Public Hearing was closed at 8:22 P.M.
ORDINANCE NO. 2016-51— LIQUOR CONTROLS
Moved by Weidenfeld, seconded by Ottenheimer, to pass Ordinance No. 2016-51, amending Chapter 5.20 -
Liquor Controls, of the Buffalo Grove Municipal Code.
Mr. Stilling reviewed the proposed ordinance, details of which are contained in the memo to Mr. Bragg of
October 10, 2016.
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Upon roll call, Trustees voted as follows:
AYES: 6 — Berman, Trilling, Stein, Ottenheimer, Weidenfeld, Johnson _0
NAYS: 0 — None c°
Motion declared carried.
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ORDINANCE NO.2016-52 — LIQUOR CONTROLS Q
Moved by Berman, seconded by Ottenheimer, to pass Ordinance No. 2016-52, amending Chapter 5.20 —
Liquor Controls, of the Buffalo Grove Municipal Code.
Mr. Bragg reviewed the proposed ordinance, details of which are contained in the Village Board Meeting
Agenda Item Overview prepared by Mr. Stilling.
Mr. Bragg confirmed that the proposed ordinance does not require any obligation for an establishment to
allow BYOB on their premises if they choose not to do so.
After Board discussion, Trustees voted as follows:
AYES: 5 — Berman, Trilling, Stein, Ottenheimer, Johnson
NAYS: 1 — Weidenfeld
Motion declared carried.
WOODMAN'S/SHOREWOOD DEVELOPMENT
Moved by Berman, seconded by Ottenheimer, to refer Woodman's and Shorewood Development Group's
Petition to the November 2, 2016 Planning & Zoning Commission Meeting for the reasons stated in the
staff memorandum included in Board packets.
Mr. Stilling stated that this is expected to be back before the Board on December 5, 2016
Upon roll call, Trustees voted as follows:
AYES: 6 — Berman, Trilling, Stein, Ottenheimer, Weidenfeld, Johnson
NAYS: 0 — None
Motion declared carried.
Ordinance No. 2016-49 — Buffalo Grove Municipal Code
Trustee Stein explained why he requested that this item be removed from the Consent Agenda.
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Mr. Raysa noted that the window for solicitation cannot be too narrow or it is viewed by the United States
Supreme Court as taking away the right to solicit, and he suggested further legal research of recent case law
as to what has and has not been declared constitutional.
After Board discussion, it was moved by Berman and seconded by Ottenheimer to pass Ordinance
No. 2016-49, amending Section 5.24.100, Hours, and Section 9.38.037, Construction Regulations — Hours
of Work, of the Buffalo Grove Municipal Code minus Section 2.
AYES: 6 — Berman, Trilling, Stein, Ottenheimer, Weidenfeld, Johnson
NAYS: 0 — None
Motion declared carried.
UESTIONS FROM THE AUDIENCE
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President Sussman reviewed the parameters to be followed by speakers, and asked if there were any 3
questions from the audience on items not on tonight's agenda; there were no such questions.
ADJOURNMENT G
Moved by Berman, seconded by Weidenfeld, to adjourn the meeting. Upon voice vote, the motion was
unanimously declared carried. The meeting was adjourned at 8:45 P.M. a
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Janet M. Sirabian, Village Clerk
APPROVED BY ME THIS 5th DAY OF December 2016
Village President
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MINUTES OF THE COMMITTEE OF THE WHOLE MEETING OF THE VILLAGE BOARD OF THE
VILLAGE OF BUFFALO GROVE HELD IN THE COUNCIL CHAMBERS,
50 RAUPP BOULEVARD, BUFFALO GROVE, ILLINOIS ON MONDAY, OCTOBER 24, 2016
CALL TO ORDER
President Sussman called the meeting to order at 7:30 P.M. Those present stood and pledged allegiance to the
Flag.
ROLL CALL
Roll call indicated the following present: President Sussman; Trustees Trilling, Stein, Ottenheimer, Weidenfeld
and Johnson. Trustees Berman was absent.
Also present were: Dane Bragg, Village Manager; Jennifer Maltas, Deputy Village Manager; Scott Anderson,
Director of Finance; Pete Cahill, Human Resources Management Analyst; Evan Michel, Management Analyst; c
Christopher Stilling, Director of Community Development; Mike Reynolds, Director of Public Works; Police 2
Chief Casstevens; Deputy Police Chief Szos; and Deputy Fire Chief Wagner. o
CIVICS FORUM o
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The Village Clerk reviewed the purpose and goal of the Civics Forum and summarized what the students have Q
done to date to prepare for this meeting.
Buffalo Grove and Stevenson High Schools are represented this evening. The students were teamed up with
department heads and elected officials. They were presented with proposal requests from five different
departments. Each student department head presented their request before the student board. The student board
discussed each of the requests, and ultimately voted to purchase a Press Tool for the Public Works Department,
which is a new piece of equipment that streamlines plumbing and pipe repairs and eliminates the hazards
associated with open flames in confined spaces.
The students were presented with Certificates and thanked by the Board for their participation and another
outstanding program.
ADJOURNMENT
Moved by Weidenfeld, seconded by Johnson, to adjourn the meeting. Upon voice vote, the motion was declared
carried, and the meeting was adjourned at 8:40 P.M.
Janet M. Sirabian, Village Clerk
APPROVED BY ME THIS 51h DAY OF December , 2016
Village President
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MINUTES OF THE REGULAR MEETING OF THE VILLAGE BOARD OF THE VILLAGE OF
BUFFALO GROVE HELD IN THE COUNCIL CHAMBERS, 50 RAUPP BOULEVARD,
BUFFALO GROVE, ILLINOIS ON MONDAY, NOVEMBER 7, 2016
CALL TO ORDER
President Sussman called the meeting to order at 7:36 P.M.
ROLL CALL
Roll call indicated the following present: President Sussman; Trustees Berman, Trilling, Stein,
Ottenheimer, Weidenfeld and Johnson.
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Also resent were: Dane Bra Village Manager; William Ra sa, Village Attorney; Luke Glisan,
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Assistant Village Attorney; Deputy Village Manager Jennifer Maltas; Scott Anderson, Director of Finance;
Art Malinowski, Human Resource Director; Evan Michel, Management Analyst; Christopher Stilling,
Director of Community Development; Brett Robinson, Director of Purchasing; Mike Reynolds, Director of o
Public Works; Darren Monico, Village Engineer; Geoff Tollefson, Director of Golf Operations; Police
Chief Casstevens; Fire Chief Baker; and Deputy Fire Chief Wagner. o
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APPROVAL OF MINUTES Q
Moved by Ottenheimer, seconded by Johnson, to approve the minutes of the October 13, 2016 Committee
of the Whole Meeting. Upon roll call, Trustees voted as follows:
AYES: 5 —Trilling, Stein, Ottenheimer, Weidenfeld, Johnson
NAYS: 0 — None
ABSTAIN: 1 — Berman
Motion declared carried.
WARRANT #1269
Mr. Anderson read Warrant #1269. Moved by Johnson, seconded by Weidenfeld, to approve Warrant
#1269 in the amount of $3,203,697.07, authorizing payment of bills listed. Upon roll call, Trustees voted
as follows:
AYES: 6 — Berman, Trilling, Stein, Ottenheimer, Weidenfeld, Johnson
NAYS: 0 — None
Motion declared carried.
VILLAGE PRESIDENT'S REPORT
President Sussman read a statement recognizing and thanking Bruce Kahn for his many years of dedicated
service to the Village, both as a Village Trustee and a member and Chairman of the Board of Fire and
Police Commissioners, and wished him well in his future endeavors as he was congratulated by the
audience and the Board.
President Susssman appointed Brian Rubin as Chair of the Board of Fire and Police Commissioners.
Moved by Berman, seconded by Ottenheimer, to concur with President Sussman's appointment. Upon roll
call, Trustees voted as follows:
AYES: 6 — Berman, Trilling, Stein, Ottenheimer, Weidenfeld, Johnson
NAYS: 0 — None
Motion declared carried
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President Sussman read a statement congratulating the Chicago Cubs on their outstanding 2016 season
which culminated in their winning the 2016 World Series.
VILLAGE MANAGER'S REPORT
Mr. Anderson reviewed the Truth in Taxation determination, details of which are contained in his memo
to Mr. Bragg of November 3, 2016. The Truth in Taxation Act, (the "Act") Chapter 35,1LCS, Section
200/18-55 through 200/18-100 requires the Corporate Authorities to make a determination of the amounts
necessary to be raised by taxation for the given levy year (tax year 2015) upon the taxable property within
the Village. If a proposed levy is more than 105% of the amount extended, or estimated to be extended plus
any amount abated prior to extension, from the prior tax year, (i.e. 2016 levies versus 2015 extension, plus
abatement) the Village shall give notice and conduct a public hearing. The requirements apply if the
proposed Corporate, Special Purpose, and Pension levies exceed, or are estimated to exceed, the 105%
threshold. Levies for debt service are exempt from the calculation but are required to be disclosed in the
public notice. Mr. Anderson noted that the full levy is anticipated to be $15,594,223, for an increase of
2.64%.
Bruce Kahn, Chairman of the Fire & Police Commission, reviewed the credentials of the two new members
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of the Buffalo Grove Fire Department, Richard Spellman and Joshua Rynders, after which he
administered the Oath of Office to them as they were congratulated by the audience and the Board.
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TRUSTEE REPORTS
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There were no Trustee reports tonight.
CONSENT AGENDA
President Sussman explained the Consent Agenda, stating that any member of the audience or the Board
could request that an item be removed for full discussion. The Village Clerlk read a brief synopsis of each
of the items on the Consent Agenda.
Buffalo Grove Golf Club Facilities
Motion to authorize bid renovations to the Buffalo Grove Golf Club Facilities.
Motion to authorize execution of a contract with a Natural Gas Supplier.
Natural Gas Supplier
Police Pension Fund
Motion to accept Municipal Compliance Report for the Fiscal Year ended 12/31/2015 — Police Pension
Fund.
Fire Pension Fund
Motion to accept Municipal Compliance Report for the Fiscal Year ended 12/31/2015 — Fire Pension Fund.
Resolution No. 2016-27 — Lake Cook Road Agreement
Motion to pass Resolution No. 2016-27, approval of Second Amendment to the Lake Cook Road
Agreement.
Ordinance No. 2016-53 — Liquor Controls
Motion to pass Ordinance No. 2016-53, amending Chapter 5.20, Liquor Controls.
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Ordinance No. 2016-54 — Recapture Ordinance
Motion to pass Ordinance No. 2016-54, releasing Parcels 1, 2, and 5 from Village Recapture Ordinance
No. 85-50.
Ordinance No. 2016-55 — 847 Deerfield Parkwav
Motion to pass Ordinance No. 2016-55, Preliminary Plan Approval for a new Self -Storage Facility at 847
Deerfield Parkway.
Ordinance No. 2016-56 —1101 N. Highland Drive
Motion to pass Ordinance No. 2016-56, variation to the Zoning Ordinance for the property at 1101 N.
Highland Drive.
Referring to Item 8.A., Trustee Trilling noted that he wants to be sure that the Board is provided with the
bid documents for the renovations prior to solicitation from other vendors.
Moved by Weidenfeld, seconded by Ottenheimer, to approve the Consent Agenda. Upon roll call, Trustees
voted as follows:
AYES: 6 — Berman, Trilling, Stein, Ottenheimer, Weidenfeld, Johnson
NAYS: 0 — None
Motion declared carried.
ORDINANCE NO. 2016-57 — BUFFALO GROVE MUNICIPAL CODE
Moved by Johnson, seconded by Weidenfeld, to pass Ordinance No. 2016-57, adding Chapter 1.16, Fee
Schedule, to the Buffalo Grove Municipal Code, as explained in Board packets.
Mr. Raysa clarified Items 8. A. and 8. B. simply centralize all fees in a new Chapter 1.16, thus allowing for
members of the public to clearly access information regarding fees as they are now all in one place.
Trustee Berman confirmed that there is no change in the fee schedule, and that this change simply makes
the fees easier to access.
Upon roll call, Trustees voted as follows:
AYES: 6 — Berman, Trilling, Stein, Ottenheimer, Weidenfeld, Johnson
NAYS: 0 — None
Motion declared carried.
ORDINANCE NO.2016-58 — BUFFALO GROVE MUNICIPAL CODE
Moved by Johnson, seconded by Berman, to pass Ordinance No. 2016-58, adding Chapter 1.16, Fee and
Fine Schedule, to the Buffalo Grove Municipal Code.
Mr. Raysa noted that the word "adding" should actually be "amending". Trustees Johnson and Berman
amended the motion to reflect Mr. Raysa's correction.
Upon roll call, Trustees voted as follows:
AYES: 6 — Berman, Trilling, Stein, Ottenheimer, Weidenfeld, Johnson
NAYS: 0 — None
Motion declared carried.
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RESOLUTION NO.2016-26 — BUFFALO GROVE PARK DISTRICT
Moved by Berman, seconded by Weidenfeld, to pass Resolution No. 2016-26, approving an
Intergovernmental Agreement between the Buffalo Grove Park District and the Village of Buffalo Grove
for Police Protection on Park District properties, in accordance with the draft resolution contained in Board
packets of November 3, 2016.
Ms. Maltas reviewed the proposed resolution, details of which are contained in the Village Board Meeting
Agenda Item Overview that she prepared, after which she answered questions from the Board. Board
discussion followed.
Upon roll call, Trustees voted as follows:
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AYES: 5 —Trilling, Stein, Ottenheimer, Weidenfeld, Johnson
NAYS: 1 — Berman
Motion declared carried.
0
QUESTIONS FROM THE AUDIENCE
0
L
President Sussman reviewed the parameters to be followed by speakers, and asked if there were any a
questions from the audience on items not on tonight's agenda; there were no such questions. Q
ADJOURNMENT
Moved by Weidenfeld, seconded by Berman, to adjourn the meeting. Upon voice vote, the motion was
unanimously declared carried. The meeting was adjourned at 8:11 P.M.
Janet M. Sirabian, Village Clerk
APPROVED BY ME THIS 5th DAY OF December 2016
Village President
Packet Pg. 15
2.D
MINUTES OF THE REGULAR MEETING OF THE VILLAGE BOARD OF THE VILLAGE OF
BUFFALO GROVE HELD IN THE COUNCIL CHAMBERS, 50 RAUPP BOULEVARD,
BUFFALO GROVE, ILLINOIS ON MONDAY, NOVEMBER 14, 2016
CALL TO ORDER
President Sussman called the meeting to order at 7:30 P.M. Those present stood and pledged allegiance to
the Flag.
ROLL CALL
Roll call indicated the following present: President Sussman; Trustees Berman, Trilling, Stein,
Ottenheimer, Weidenfeld, Johnson. y
d
3
Also resent were: Dane Bra Village Manager; William Ra sa Village Attorney; Luke Glisan
P Bragg, g g Y g Y; �
Assistant Village Attorney; Jennifer Maltas, Deputy Village Manager; Evan Michel, Management Analyst;
Scott Anderson, Director of Finance; Andrew Brown, Deputy Finance Director; Art Malinowski, Director C
of Human Resources; Peter Cahill, Human Resources Management Analyst; Brett Robinson, Purchasing >
Manager; Mike Reynolds, Director of Public Works; Mike Skibbe, Superintendent of Public Works; Dave a
Haisma, Superintendent of Water Operations; Chris Stilling, Director of Economic Development; Darren C
Monico, Village Engineer; Brian Sheehan, Building Commissioner; Nicole Woods, Village Planner; Geoff
Tollefson, Director of Golf Operations; Joe Bridges, Golf Professional; Fire Chef Baker; Deputy Fire Chief 2
Wagner; Police Chief Casstevens; and Deputy Police Chief Szos. a
FISCAL 2017 BUDGET PRESENTATION
Mr. Bragg presented opening comments and the budget structure for this evening, details of which are
contained in his Budget Letter to the Corporate Authorities of October 28, 2016.
Staff members reviewed specifics of each of their departments, after which they answered questions from
Board members.
Ms. Maltas presented an overview of the Strategic Plan goals for 2017, and highlighted the key Strategic
Plan outcomes for 2016.
Mr. Anderson reviewed the process of developing the budget for 2017 and a general review of the budget,
noting that there have been several meetings of the whole, as well as individual meetings with Board
members to get to this point. The Board and staff have worked on this budget throughout the entire year,
and the Board posed questions for staff prior to this meeting. All of those questions were answered by
staff, therefore, there are few unanswered questions being posed tonight.
Mr. Anderson then reviewed the revenue side of the budget, and reviewed the operating budget for each
department. Department Heads answered questions regarding their respective budgets.
Mr. Bragg concluded by reinforcing that staff is continuing the plan to provide for sustainable, cost
efficient, and reliable services. They are continuing to make changes to the budget process to get a better
understanding of what it really costs to provide services and what is most competitive.
The budget document will be available online throughout the year.
QUESTIONS FROM THE AUDIENCE
President Sussman asked if there were any questions from the audience on items not on tonight's agenda.
Packet Pg. 16
2.D
Craig Horwitz, 883 Stonebridge Lane, stated that he had several questions on the Budget. Staff responded
to Mr. Horwitz's comments.
ADJOURNMENT
Moved by Berman, seconded by Weidenfeld, to adjourn the meeting. Upon voice vote, the motion was
unanimously declared carried. The meeting was adjourned at 9:27 P.M.
Janet M. Sirabian, Village Clerk
APPROVED BY ME THIS 5"h DAY OF December , 2016
Village President
Q
Packet Pg. 17
3.A
Action Item : Approval of Warrant #1270
........................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................
Recommendation of Action
Staff recommends approval.
Staff recommends approval of Warrant #1270 which totals $ 4,092,178.47.
ATTACHMENTS:
• W#1270 SUMMARY (PDF)
Trustee Liaison
Johnson
Monday, December 5, 2016
Staff Contact
Scott Anderson, Finance
Updated: 11/30/2016 2:48 PM
Page 1
Packet Pg. 18
3.A.a
VILLAGE OF BUFFALO GROVE WARRANT #1270
5-Dec-16
General Fund: 677,998.17
Parking Lot Fund:
525.42
Motor Fuel Tax Fund:
53,012.85
Debt Service Fund:
753,478.49
School & Park Donations 0.00
Capital Projects -Facilities: 282,249.80
Capital Projects -Streets: 20,286.65
Health Insurance Fund:
0.00
0
ti
N
Facilities Development Debt Service Fund:
0.00
c
ca
L
Retiree Health Savings (RHS):
70,378.17
L
Water Fund:
145,961.40
ti
Buffalo Grove Golf Fund:
56,510.35
Q
Arboretum Golf Fund:
92,569.70
Refuse Service Fund:
0.00
0
N
Information Technology Internal Service Fund:
42,987.87
Central Garage Internal Service Fund:
54,380.33
E
Building Maintenance Internal Service Fund:
30,376.93
2,280,716.13
a
PAYROLL PERIOD ENDING 11/17/16 891,672.82
PAYROLL PERIOD ENDING 12/01/16 919,789.52
1,811,462.34
TOTAL WARRANT #1270 4,092,178.47
APPROVED FOR PAYMENT BY THE PRESIDENT AND BOARD OF TRUSTEES OF
THE VILLAGE OF BUFFALO GROVE, ILLINOIS
Village Clerk
Village President
Packet Pg. 19
4.A
Information Item : National Distracted Drunk & Drugged Driving (3D)
Prevention Month
........................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................
Recommendation of Action
Staff recommends approval.
Declares December 2016 as National Drunk and Drugged Driving Prevention Month.
ATTACHMENTS:
• Distracted Drunk Driving 2016 (DOC)
Trustee Liaison
Sussman
Monday, December 5, 2016
Staff Contact
Steven Casstevens, Police
Updated: 11/30/2016 4:15 PM
Page 1
Packet Pg. 20
4.A.a
�r
11 . Or n�f";°t"illItBit�laaI611` "I
'4
l,y r f !t (, .i )"Itl
Village of Buffalo Grove
NATIONAL DISTRACTED DRUNK AND DRUGGED DRIVING (31)) PREVENTION
MONTH - DECEMBER, 2016
WHEREAS,
motor vehicle crashes killed 998 people in Illinois during 2015; and
WHEREAS,
hundreds of those deaths involved a driver impaired by alcohol and/or
drugs; and
WHEREAS,
the December holiday season is traditionally one of the most deadly times of
the year for impaired driving; and
WHEREAS,
for thousands of families across the state and the nation, holidays are a time
to remember loved ones lost; and
WHEREAS, organizations across the state and the nation are joined with the "Drive
Sober or Get Pulled Over" and other campaigns that foster public awareness
of the dangers of impaired driving and anti -impaired driving law
enforcement efforts; and
WHEREAS, the Village of Buffalo Grove is proud to partner with the Illinois
Department of Transportation's Division of Traffic Safety and other traffic
safety groups in the effort to make our roads and streets safer;
NOW, THEREFORE, I, BEVERLY SUSSMAN, PRESIDENT OF THE VILLAGE OF
BUFFALO GROVE, do hereby proclaim December, 2016 as Drunk and Drugged Driving (31))
Prevention Month in the Village of Buffalo Grove and do hereby call upon all citizens,
government agencies, business leaders, hospitals and health care providers, schools and public
and private institutions to promote awareness of the impaired driving problem, to support
programs and policies to reduce the incidence of impaired driving, and to promote safer and
healthier behaviors regarding the use of alcohol and other drugs this December holiday season
and throughout the year.
Proclaimed this 5TH day of December, 2016
Beverly Sussman,
Village Board President
Packet Pg. 21
5.A
Information Item : Fire Lieutenant Promotion
........................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................
Recommendation of Action
Staff recommends presentation.
Fire Lieutenant promotion and oath of office for Steve Rusin.
Trustee Liaison
Trilling
Monday, December 5, 2016
Staff Contact
Mike Baker, Fire
Updated: 12/1/2016 9:00 AM
Page 1
Packet Pg. 22
6.A
Action Item : Public Hearing for an Amendment to the Berenesa
Plaza Annexation Agreement to Allow for a New Commercial
Development on the 25 Acre Property at the Northwest and
Southwest Corners of Milwaukee Avenue (Request to Continue to
December 19, 2016 Village Board Meeting)
........................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................
Recommendation of Action
Staff recommends that the Village Board open the public hearing. The Public hearing shall then be
continued to the December 19, 2016 Village Board Meeting.
Shorewood Development Group (SDG) is the contract purchaser of the 25 acre property located at the
northwest corner and the southwest corner of Milwaukee Avenue and Deerfield Parkway commonly
referred to as the Berenesa Plaza Property. SDG currently has an agreement with Woodman's Food
Markets (Woodman's) allowing them to acquire approximately 20 acres of the parcel to develop a
242,000 square foot Grocery Store located on the northwest corner of the intersection.
ATTACHMENTS:
• BOT Memo to Continue PH (DOCX)
Trustee Liaison
Berman
Monday, December 5, 2016
Staff Contact
Chris Stilling, Community Development
Updated: 11/30/2016 11:49 AM
Page 1
Packet Pg. 23
6.A.a
VILLACE",, OF
DATE:
TO:
FROM:
SUBJECT
November 30, 2016
President Beverly Sussman and Trustees
Christopher Stilling, Director of Community Development
Public Hearing: Request to Continue the Public Hearing for an Amendment to the
Berenesa Plaza Annexation Agreement to the December 19, 2016 Village Board
Meeting
BACKGROUND
Shorewood Development Group (SDG) is the contract purchasers of the 25 acre property located at
the northwest corner and the southwest corner of Milwaukee Avenue and Deerfield Parkway
commonly referred to as the Berenesa Plaza Property. SDG currently has an agreement with
Woodman's Food Markets (Woodman's) allowing them to acquire approximately 20 acres of the
parcel to develop a 242,000 square foot Grocery Store, with a gas station, carwash and lube station
on the northwest corner of the intersection.
On November 16, 2016, the Planning & Zoning Commission reopened the public hearing to review
the revised site plan. Ultimately, the PZC unanimously recommended approval of the revised plans.
Due to delays with the petitioner's review of the annexation agreement, Woodman's has requested
that this item, along with the final zoning considerations, be continued to the December 19, 2016
Village Board meeting. As a result, the public hearing for the amendment to the annexation
agreement requires a continuance to the December 19, 2016 Village Board meeting.
RECOMMENDATION
Staff recommends that the Village Board open the public hearing. The Public hearing shall then be
continued to the December 19, 2016 Village Board Meeting.
Page 1 of 1
Packet Pg. 24
s.6
Action Item : Public Hearing to Discuss the 2017 Budget
........................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................
Recommendation of Action
Staff recommends discussion.
Staff recommends opening the public hearing in advance of the approval of the FY 2017 Village Budget.
The budget has been available to the public since November 1st and a public presentation was made to
the President and Village Board on November 14th.
The budget can be accessed online at http://www.vbg.org/DocumentCenter/View/2801
Trustee Liaison
Johnson
Monday, December 5, 2016
Staff Contact
Scott Anderson, Finance
Updated: 11/30/2016 4:29 PM
Page 1
Packet Pg. 25
8.A
Action Item : Authorization to Execute Contract Extensions with
Multiple Vendors
........................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................
Recommendation of Action
Staff recommends approval.
SUMMARY: Staff recommends that the Village President and Board of Trustees authorize staff to execute
the following Contract extensions as listed below and further detailed in the attached memo.
A fourth year contract option with Elevator Inspection Services Company, Inc.(EIS), for Elevator
Inspection Services.
A fourth year contract option with Presstech, Inc., for Printing Services.
A fourth year contract option with InterDev,LLC., for Information Technology Services.
A fourth year contract option with Melrose Pyrotechnics., for Firework Displays.
A fourth year contract option with Indestructo rental company for Tent and Equipment Rental Services.
A third year contract option with Magic Dreams Productions for Video Services.
A third and final contract option with Municipal GIS Partners, Inc., for Geographical Information Services.
A second year contract option with Denler Inc., for Crack Sealing Services.
A second year contract option with Hydro Vision Inc., for Sewer Televising Services.
A second year contract option with Ultrastrobe Inc., for Emergency Vehicle Lighting Installation Services.
ATTACHMENTS:
• Contract Extensions Fall 2016 (DOCX)
Trustee Liaison
Johnson
Monday, December 5, 2016
Staff Contact
Brett Robinson, Finance
Updated: 11/28/2016 10:52 AM
Page 1
Packet Pg. 26
8.A.a
1,1 OF
�13UFFALO GROVE
DATE: November 8, 2016
TO: Dane Bragg, Village Manager
FROM: Brett Robinson, Purchasing Manager
RE: Proposed Contract Extensions
Is
Staff recommends that the Village President and Board of Trustees authorize staff to execute
the forth year contract option with Elevator Inspection Services Company, Inc.(EIS), for
Elevator Inspection Services to cover the period from January 1, 2017 to December 31,
2017. This work would be expected to continue to be done within the 2017 approved budget
amount. Prices are expected to remain the same. This is a pass thru charge and does not
have a negative impact on the budget.
Staff recommends that the Village President and Board of Trustees authorize staff to execute
the fourth year contract option with Presstech, Inc., for Printing Services to cover the period
from January 1, 2017 to December 31, 2017. This work would be expected to continue to be
done within the 2017 approved budget amount . No price increase is expected and the base
contract amount is set at a not to exceed amount of $19,326.
Staff recommends that the Village President and Board of Trustees authorize staff to execute
a fourth year contract option with InterDev, LLC. for Information Technology Services to
cover the period from April 26, 2017 to April 26, 2018. This work would be expected to
continue to be done within the 2017 approved budget amount. A price increase not to
exceed 3% is expected and the base contract amount is set at a not to exceed amount of
$396,458.
Staff recommends that the Village President and Board of Trustees authorize staff to execute
the fourth year contract option with Melrose Pyrotechnics for Pyrotechnics Services to cover
the period from October 21, 2016 to October 21, 2017. This work would be expected to
continue to be done within the 2017 approved budget amount. A price increase of 2.27% is
expected and the base contract amount is set at a not to exceed amount of $45,000. This
price would include two pyrotechnic displays.
Staff recommends that the Village President and Board of Trustees authorize staff to execute
the fourth year contract option with Indestructo rental company for Tent and Equipment
Rental Services for Buffalo Grove Days to cover the period from December 2, 2016 to
December 2, 2017. This work would be expected to continue to be done within the 2017
approved budget amount. A price increase of 2.5% is expected and the base contract
amount is set at a not to exceed amount of $18,000.
Page 1 of 2
Packet Pg. 27
8.A.a
Staff recommends that the Village President and Board of Trustees authorize staff to execute
the third year contract option with Magic Dreams Productions for Video Services to cover
the period from January 1, 2017 to December 31, 2017. This work would be expected to
continue to be done within the 2017 approved budget amount. No price increase is
expected and the base contract amount is set at a not to exceed amount of $20,000.
Staff recommends that the Village President and Board of Trustees authorize staff to execute
the third year and final contract option with Municipal GIS Partners, Inc. for Geographical
Information Services to cover the period from January 1, 2017 to December 31, 2017. This
work would be expected to continue to be done within the 2017 approved budget amount.
A price increase of 2.6% is expected and the base contract amount is set at a not to exceed
amount of $148,002.
Staff recommends that the Village President and Board of Trustees authorize staff to execute
the second year contract option with Denler Inc. for Crack Sealing Services to cover the
period from January 1, 2017 to December 31, 2017. This work would be expected to
continue to be done within the 2017 approved budget amount. A price increase of 3% is
expected and the unit price per pound of sealant installed is expected to be $1.35.
Staff recommends that the Village President and Board of Trustees authorize staff to execute
the second year contract option with Hydro Vision Inc. for Sewer Televising Services to cover
the period from January 1, 2017 to December 31, 2017. This work would be expected to
continue to be done within the 2017 approved budget amount. A price increase of no more
than 2.5% is expected and the base contract amount is set at a not to exceed amount of
$100,000.
Staff recommends that the Village President and Board of Trustees authorize staff to execute
the second year contract option with Ultrastrobe Inc. for Emergency Vehicle Lighting
Installation Services to cover the period from December 2, 2016 to December 2, 2017. The
purchase and installation of emergency lighting and equipment in Police vehicles would have
no direct impact on the Village budget. The funds directed for the purchase of this type of
equipment are obtained through Illinois statute (625 ILCS 5/16-104c) and are set aside for
the purchase and maintenance of Police vehicles. Fire vehicle emergency lighting is
allocated through reserve funds set aside for equipment replacement. A unit price increase
of 3% is expected and the contract amount is set at a not to exceed amount of $82,000.
I have reviewed the performance of each of the above listed contractors with the staff
responsible for managing each contract. Staff has reported back that in each of the above
listed contractors has either met or exceeded the expectations of the contract.
Page 2 of 2
Packet Pg. 28
8.B
Action Item : Award of Bid Custodial Services
........................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................
Recommendation of Action
Staff recommends approval.
SUMMARY: Based on the review of the bids, reference checks, and interviews, staff recommends the
Village Board authorize staff to execute an agreement for custodial services to the second lowest bidder,
Perfect Cleaning Services, for a cost not to exceed $104,876.00.
ATTACHMENTS:
• Memo - Custodial 2017 (DOCX)
• Custodial 2017 BIDTAB (PDF)
Trustee Liaison
Stein
Monday, December 5, 2016
Staff Contact
Brett Robinson, Finance
Updated: 11/29/2016 3:11 PM
Page 1
Packet Pg. 29
8.B.a
1,1 OF
�13UFFALO GROVE
DATE: November 18, 2016
TO: Dane Bragg, Village Manager
FROM: Brett Robinson, Purchasing Manager
RE: Custodial Services
Background Information
Is
Staff released bids for Custodial Services on October 11, 2016. A walkthrough of all facilities
was held on October 25, 2016 for interested parties. Bids were opened and read aloud on
November 4, 2016. Of the eight bids received, staff sought reference checks on the lowest
four bidders and based upon those reference checks staff then interviewed three potential
service providers.
Staff checked on the references for ECO Clean the lowest bidder. The comments solicited
from listed references were generally neutral. The feedback from other customers included
comments such as service was acceptable with some need to follow up. In addition the
pricing proposed for the Buffalo Groves Days event was substantially lower than that
proposed by any other bidder, which staff found very concerning during the interview
process the on -site supervisor's responses were minimal and generally found to be lacking in
substance.
Staff checked on the references for Perfect Cleaning Services. The comments were generally
positive. The feedback from other customers included comments such as service was decent
with an occasional need to follow up and they would consider rehiring Perfect Cleaning
Services again. During the interview process the Vendor was engaged and very responsive.
Recommendation
Based on the review of the bids, reference checks, and interviews, staff recommends the
Village Board authorize staff to execute an agreement for custodial services to the second
lowest bidder, Perfect Cleaning Services, for a cost not to exceed $104,876.00.
Staff will monitor the response and quality of service for the first year. Extension of the
contract will be based on the performance of the contractor. During this period. Staff will
provide the Village Board with an evaluation of the contractor's performance and a
recommendation at the end of this contract period for the optional contract extensions.
Page 1 of 1
Packet Pg. 30
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8.0
Action Item : Certificate of Initial Acceptance and Approval: 850
Asbury Drive
........................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................
Recommendation of Action
Staff recommends approval of the Certificate of Initial Acceptance and the Plat of Easement.
SUMMARY: Attached is the Certificate of Initial Acceptance and Approval for the Development at 850
Asbury Drive and the Plat of Easement. The improvements have been completed and staff recommends
approval to begin the one year maintenance period and approving the Plat of Easement.
ATTACHMENTS:
• 850 Ashbury Certificate of Initial Accept & Approval (PDF)
• plats of easement 6-2-2016 (PDF)
Trustee Liaison
Stein
Monday, December 5, 2016
Staff Contact
Darren Monico, Public Works
Updated: 11/30/2016 4:44 PM
Page 1
Packet Pg. 32
SUBMIT COMPLETED FORM ALONG WITH ONE MYLAR AND TWO SETS OF "AS -BUILT" PLANS.
ALL INFORMATION MUST BE TYPED.
SUBDIVISION 850 Asbury Drive DEVELOPER Ridaeline Property Group
UNIT NO. N/A LOCATION 850 Asbury
�O� rive
Dedicated Public Right of Way (if any): N/A ------
Description of Public Improvements: Water Main Lip to private water service connection
Description of Private Improvements: New building, parking lot, storm sqWpr.and stormwater detention,
One -Year Maintenance Guarantee, letter of Credit
DESIGN ENGINEER'S CERTIFICATION
To the best of my knowledge and belief, the construction of the improvements described above have
been completed in accordance with the approved plans and specifications, and items indilot ,104,;Pe
Final Punch List dated which
the Village of Buffalo Grove have been completed. ct:
Pfit"
it C J Tac
C
2.6:W
Engineer" g Signal Seal
0 (82
All improvements have been completed and are hereby presented for initial Acceptance and Conveyance
to the Village of Buffalo Grove, I also herewith acknowledge my responsibility to provide a one-year
Guarantee to cover workmanship, materials, and maintenance for all improvements referred to herein.
The undersigned Owner does hereby convey and deliver to the Village of Buffalo Grove the foregoing
listed public improvements and does hereby covenant that said improvements are free of all
encumbrances and does hereby warrant and will defend the same against the claims and demands of all
persons,
5-tt A 14 o, (, 4,�
67wner's Signature
Owner's Name
MEMEEMM
IPacket Pg. 33 1
SIGNATURE PAGE TO
VILLAGE OF BUFFALO GROVE
C,ERTIFICATE OF INITIAL ACCEPTANCE AND APPROVAL
USRLP ASBURY DRIVE, LLC, a Delaware limited liability company
By: US Regional Logistics Program, L.P.,
a Delaware limited partnership,
its managing member
By: US RLP CYP, LL.C,
a Delaware limited liability company,
its general partner
By: USAF Equity Advisors, Inc.,
a ]aware corporatl
s ianager
By:
Name: Brum C. Petersen
Title: Enaitw ManagkV Dkecbr
I Packet Pg. 34 1
MUNICIPAL INSPECTORS CERTIFICATION
I/we hereby certify that I/we have regularly inspected the above described unit(s) of the above described
Subdivision during the progress of construction and to the best of my/our knowledge; the work has been
completed in conformance with the approved plans and specifications.
Date Munich al in?operdr
Date Municipal Inspector
VILLAGE ENGINEER'S CERTIFICATION
I hereby certify that the Division of Engineering Services has reviewed the above described unit(s) of the
above described Subdivision and find them in conformance with the applicable Village ordinances, codes,
and agreeme7,ts.
Date
I hereby certify that the Department of Public Works has inspected all ublic improvements described
above and find them in proper condition for acceptance for mainten ce by this Dep ment.
ILI;z ... . ... ...
Date 1, f RDire—ctor'of Pu Works
VILLAGE MANAGER'S CERTIFICATION
I hereby certify that all applicable Village ordinances, codes, and spe ial agreements have been complied
with by the Owner of the above described Subdivision.
Date Village Managr
The Village of Buffalo Grove does hereby approve and accept for ownership the above described public
improvements subject to the one-year Guarantee by the Developer covering all materials, workmanship,
and maintenance.
Village Board of Trustees Action:
Date
Village President
6/22/04
I Packet Pg. 35 1
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Action Item : IICP Engineering & Field Services
........................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................
Recommendation of Action
Staff recommends approval of a 4-year contract with the RJN Group in accordance with the attached
documents.
SUMMARY: The Metropolitan Water Reclamation District of Greater Chicago has established new
requirements for the Inflow/Infiltration Control Program (IICP) which apply to all separate sanitary sewer
systems within Cook County. Requirements need to be met by 2020. Staff requests authorization to execute an
agreement with RJN Group at a price not to exceed $174,425 over the next 4 years, subject to review and
approval of the agreement by the Village Attorney.
ATTACHMENTS:
IICP Engineering & Field Services (DOC)
• Exhibit B - IICP Short -Term Program Proposal (PDF)
• Professional Services Agreement (DOCX)
Trustee Liaison Staff Contact
Stein Michael Reynolds, Public Works
Monday, December 5, 2016
Updated: 12/1/2016 4:06 PM A Page 1
Packet Pg. 38
8.D.a
V 1. 11AG ]EOF
BUFFALO GROVE'
MEMORANDUM
TO: Dane Bragg, Village Manager
FROM: Mike Reynolds, Director of Public Works j`RR J q G� �*4,
DATE: December 1, 2016
RE: IICP Engineering & Field Services
Overview
The Metropolitan Water Reclamation District of Greater Chicago has established new requirements for the
Inflow/Infiltration Control Program (IICP) which apply to all separate sanitary sewer systems within Cook
County. Requirements need to be met by 2020. Staff requests authorization to execute an agreement with
RJN Group at a price not to exceed $174,425 over the next 4 years, subject to review and approval of the
agreement by the Village Attorney.
RJN Group has submitted a proposal for Professional Engineering and Field Services for the MWRD
IICP Short -Term Program. In as much as this is a phased program, the proposal includes the following
services over the next four years.
o Sewer Televising
o Manhole Inspections
o Lift Station Inspections
o Smoke Testing
o Dyed Water Testing
This program has been programmed into the current 5-year CIP Budget which was been recently
approved by the Village Board.
Staff Recommends approval of the contract consistent with the proposal submitted by RJN Group for a
total cost not to exceed $174,425.
MWRD I -I Program Background
Over the past few years, the Metropolitan Water Reclamation District of Greater Chicago (MWRD) has
been developing a Watershed Management Ordinance (WMO). Most of the ordinance applies to
stormwater, which recently became the jurisdiction of MWRD. However, Article 8 of the WMO
specifically applies to separate sanitary sewer systems. On July 10, 2014, MWRD adopted Article 8 of the
WMO that outlines the requirements of the new Inflow/Infiltration Control Program (IICP) that applies to all
separate sanitary sewer systems tributary to MWRD within Cook County. These requirements are
essentially a revision and update the MWRD's Operation and Maintenance Requirements as released in
1989 as part of the Sanitary Sewer Evaluation Survey (SSES). This memo summarizes the requirements of
Article 8 and provides an outline of how Buffalo Grove intends to comply with the requirements.
Packet Pg. 39
8.D.a
Per the MWRD guidance document, the primary purpose of the IICP is to reduce sanitary sewer overflows
(SSOs) and basement backups (BBs). There is a minimum level of requirements for all communities with
additional requirements where SSOs and BBs occur.
The IICP is split into two program requirements; a Short Term Program and a Long Term Program. The
requirements of the Short Term Program are to be met by the end of 2019. The Long Program then starts in
2020 and continues in perpetuity or until MWRD develops a program to replace it. For over 25 years, the
Village has been required to submit an annual report to MWRD on the Village sanitary sewer system
maintenance efforts (only for the portion in Cook County tributary to MWRD). These forms have now been
replaced by the new IICP annual reporting forms.
The Short Term Program has the following primary elements:
• Condition Assessment Prioritization— Must beat least 10% of system tributary to MWRD
• SSO and BB Reporting: All sanitary sewer over and basement backups must be documented
and included in the annual report to MWRD. Note that backups solely due to private sanitary
service laterals do not need to be reported.
• Condition Assessment — The following must be completed within the Prioritization Area
o Sewer Televising
o Manhole Inspections
o Lift Station Inspections
o Smoke Testing
o Dyed Water Testing
• Rehabilitation — Specific requirements for rehabilitating the sanitary sewer system based on the
findings of the Condition Assessment.
• Development of a Private Sector Program — This program is primarily a review of Village
ordinances related to the sanitary system and establishing a program to reduce excess flow from
private sources (sump pumps, downspouts, area drains, etc.). This is only program development and
does not need to be implemented until 2020, when the Long Term Program is initiated.
• Development of a Long Term Operation and Maintenance Program — This is to establish a specific
program for long term operation and maintenance of the sanitary sewer system. One element is a
requirement for continuation of the Condition Assessment and Rehabilitation programs at a rate of
2% of the system per year. Again, this is only program development and does not need to be
implemented until 2020.
In August, 2015, the Village contracted with RJN Group, Inc. of Wheaton, Illinois to assist with the
Condition Assessment Prioritization and other paperwork that was required to be submitted to MWRD by
March 1, 2016. This has been completed and the prioritization area selected. The maps below show the
sanitary sewer system within the Village (including the prioritization area in red) that is under the
jurisdiction of the MWRD as well as a more detailed view of the Prioritization Area.
Packet Pg. 40
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8.D.a
The next step is a Condition Assessment of the system. We have included this work in the 2017 CIP budget
process and plan to initiate this work in the spring of 2017. This work will require an engineering consultant
to perform the work, tabulate the data and assist with the development of the Private Sector Program and the
Long Term Operations and Maintenance Program.
The Condition Assessment will determine the required rehabilitation and associated costs. It is likely that
the rehabilitation will primarily consist of sewer lining, manhole rehabilitation and point repairs. The
Village has two options for the rehabilitation. One option is to complete the work identified by the end of
2019. The second option is to put the identified rehabilitation into a specific Capital hmprovement Plan
(CIP). Note that the CIP does not have to be completed by 2019. We will be choosing the latter option and
all of the work required under this plan will be compiled into the CIP specifically for program compliance.
This will allow us the greatest flexibility for implementation of plan and the completion of identified work.
The IICP Program also requires that the Village initiate development of a Private Sector Program and a
Long Term Operation and Maintenance Program by 2019. There are some specific requirements for these
programs, but MWRD does give a fair amount of flexibility. Village staff is already doing many of the
required items, such as sewer cleaning, manhole inspections and repairs, mainline point repairs and lift
station repairs/upgrades. Development of these programs, particularly the Private Sector Program, will
require a more detailed discussion with the Village Board, coordination with the Building Department as
well as a significant amount of public outreach effort.
The goal of the new MWRD's IICP Program is to reduce SSOs and BBs. The Village's maintenance efforts
over the years have resulted in our system being in fairly good condition and problems have been addressed
when identified. Because of this, it is less likely that MWRD will comment on, or take issue, with the
Village's long term program as submitted.
As discussed earlier, we have completed the Condition Assessment Prioritization and other reporting that
was required to be submitted to MWRD. The report was submitted on February 26, 2016 and obligates the
Village to complete smoke testing, manhole inspections, closed-circuit televising and dye water
flooding activities within the identified "high priority" area by the end of 2019. These actions are
included as part of the "Condition Assessment" phase and will assist the Village with identifying
sources of inflow and infiltration and incorporate repairs into the Capital Improvement Program for
implementing system improvements.
The following provides more detail on the various components of the program.
Sewer Televising: Review the televising of approximately 26,000 feet of sewer main. From that
review, recommendations will be developed for specific for improvements.
Packet Pg. 43
8.D.a
Smoke Testing: Smoke testing must be completed to identify dyed water flooding locations. The
priority area includes 26,000 feet of sewers.
Depending on the defects identified during televising review and smoke testing and the available
budget, we may consider performing rehabilitation in 2018 and inspections in 2019, or continuing
inspections in 2018 and scheduling rehabilitation for 2019 and beyond. The remaining inspection tasks
required are as follows:
Manhole Inspection: Manhole inspections (134) should be completed per the MWRD requirements.
The manholes within the priority area need to be inspected to meet the needs of the MWRD. Surface
inspections will be the primary inspection method, but full descent inspections will be completed as
required per the District's Technical Guidance Manual (TGM).
Dyed Water Flooding: Dyed water flooding must be completed as a follow-up to smoke testing at
locations of identified potential cross -connections. Since these locations are unknown at this time, it is
not possible to know how many dyed water flooding setups will be required, however we estimate 4-5
will be required within an area this size.
Lift Station Inspections: Lift Station inspections (6) will be completed per the MWRD requirements.
The lift stations within the priority area need to be inspected to meet the needs of the MWRD. Surface
inspections will be the primary inspection method, but full descent inspections will be completed as
required per the District's Technical Guidance Manual (TGM). Three of our lift stations have been
upgraded over the past four years and one is scheduled for upgrade in 2017.
Development of a Private Sector Program: This program is primarily a review of Village ordinances
related to the sanitary system and establishing a program to reduce excess flow from private sources (sump
pumps, downspouts, area drains, etc.). This is only program development and does not need to be
implemented until 2020, when the Long Term Program is initiated.
Development of a Long Term Operation and Maintenance Program: This is to establish a specific
program for long term operation and maintenance of the sanitary sewer system. One element is a
requirement for continuation of the Condition Assessment and Rehabilitation programs at a rate of 2% of the
system per year. Again, this is only program development and does not need to be implemented until 2020.
Although the costs for rehabilitation will not be known until the inspections are completed, the Village
should also plan and budget for this work. MWRD does allow for long-term Capital Improvement
Program planning; all rehabilitation does not need to be completed by 2020. All work identified from
the Condition Assessment will be incorporated into the standard sanitary sewer CIP program.
c: Mike Skibbe, Deputy Public Works Director
Dave Haisma, Utility Superintendent
Darren Monico, Village Engineer
Packet Pg. 44
Exhi
r
October 6, 2016
Mr. Michael J. Reynolds
Director of Public Works
Village of Buffalo Grove
51 Raupp Boulevard
Buffalo Grove, Illinois 60089-2138
SUBJECT: PROPOSAL FOR PROFESSIONAL ENGINEERING AND FIELD SERVICES
FOR MWRD IICP SHORT-TERM PROGRAM
Dear Mr. Reynolds:
RJN Group, Inc. (RJN) is pleased to submit this proposal to provide Professional Engineering
and Specialty Field Services to assist the Village of Buffalo Grove (Village) in meeting the Short -
Term Program requirements of the Metropolitan Water Reclamation District of Greater Chicago
(MWRD) Infiltration / Inflow (I/1) Control Program in the Cook County portion of the Village.
RJN completed the 2015 requirements including submittal of the new annual summary form
with attachments. Based on correspondence from MWRD following this submittal, the Village
and RJN revised the documents and resubmitted them to MWRD for approval. Final approval
is expected within the next month.
The submittals outlined the requirements of the Short -Term Program, which the Village needs
to complete by the end of 2019. The Short -Term Program has the following components:
• Condition Assessment of MWRD Prioritization Area (Priority Area), including:
o Closed -Circuit Televising (CCTV) of Gravity Sewers
o Smoke Testing
o Manhole Inspections
o Dyed Water Flooding
o Lift Station Inspections
• Development of a Private Sector Program (PSP)
• Development of a Long -Term Operations and Maintenance Program (LTOMP)
• Annual Reporting
RJN is under contract to complete the annual reporting requirements for 2016 that are due by
March 31, 2017. Beyond that, the Village desires to enter into an agreement with a professional
engineering firm to complete the remaining components of the Short -Term Program through
2019. The above outline sets the framework for the work explained in detail below.
Packet Pg. 45
Page 2
Michael J. Reynolds
October 6, 2016
All of the following tasks outlined will be completed within the Priority Area, which is outlined
on the map provided as Attachment 1. The priority area includes approximately 135 manholes,
26,000 linear feet of gravity sewer pipe. In addition, the Village owns and maintains six
sanitary sewer lift stations within Cook County.
The following summary of services are to be completed between contract award and March 31,
2020. A detailed scope of service breakdown is provided in Attachment 2 for each service to be
provided.
In order to spread the costs of the program out over the coming years, the tasks have been
assigned for completion in 2017, 2018, or 2019. These are recommendations only and will be
finalized with Village staff on an annual basis.
Gravity Sewer Televising Review
Of the approximately 26,000 linear feet of gravity sewers within the Priority Area, half of
them have been lined within the past five years using the Cured in Place Pipe (CIPP)
procedure. Because of this, they have been televised within the past five years and re -
televising is not necessary at this time.
The Village televising crew has or will complete the televising of the remaining sewers within
the Priority Area. RJN will provide PACP-certified personnel to review these videos and
provide rehabilitation recommendations.
It is expected that this task will be completed in 2017.
Smoke Testing
In the smoke testing process, harmless smoke is blown into a sewer segment through
manholes at both ends. Defects are identified by where smoke exits the ground or structure.
The entire Priority Area will be smoke tested per the MWRD IICP.
Smoke testing is only as effective as the process used. The RJN process uses a 4-person crew
and smoke tests only one segment at a time using two smoke blowers on consecutive
manholes. RJN uses handheld mobile data collectors to collect smoke testing results. A GPS
location is acquired for each defect, and a photo is taken. Using handheld units reduces
opportunities for errors and reduces the opportunity for missing information, illegible
handwriting, etc. The data is then integrated into a Geographic Information System (GIS) to
assist in mapping defects and organizing the results.
It is expected that this task will be completed in 2017 as dyed water flooding is a required
Packet Pg. 46
Page 3
Michael J. Reynolds
October 6, 2016
follow-up task, and will need to be completed following smoke testing.
Manhole Inspections
In addition to being a required component to the MWRD IICP, a manhole inspection
program provides many benefits to the Village. Some of these benefits include mapping
updates, identification of inflow and infiltration, confirmation of connecting pipes, and
detection of structural problems in need of rehabilitation. Manhole inspections include a
surface inspection of the manhole to identify frame and lid defects and other structural
defects in the manhole. Manhole and pipe sizes and inverts will also be estimated where
accessible in addition to numerous photographs documenting the manhole condition.
While the majority of inspections can be completed from the surface, full descent inspections
are completed on very deep structures, locations where the full manhole is not visible from
the surface, and those structures exhibiting severe defects or infiltration/inflow (I/I).
It is estimated that there are approximately 135 manholes within the Priority Area, of which
approximately 120 will be inspected by surface inspection and approximately 15 will require
a full descent inspection.
It is expected that this task will be completed in 2018.
Dyed Water Flooding
Dyed water flooding is an inspection task that is completed as a follow-up to the smoke
testing process. Locations where public -sector storm sewer infrastructure (catch basins,
inlets, manholes, ditches, etc.) smoked will be dye flooded. During the process, RJN will
plug the storm sewer and flood to simulate a surcharged situation during a heavy rain event.
The Village will provide access to water via a hydrant and a televising crew to televise the
sanitary sewer in order to identify locations of dyed water entering the sanitary sewer.
Since the locations for dyed water flooding are unknown at this time, it is not possible to
know how many dyed water flooding setups will be required, however we are estimating
there to be five.
It is expected that this task will be completed in 2018.
Lift Station Inspections
The Village owns and maintains six sanitary sewer lift stations within the MWRD Service
Area, two of which are within the IICP Priority Area. As the Village's LTOMP will require
periodic lift station inspections, we recommend completing inspections of all six lift stations
at once to achieve an economy of scale and to set a baseline for all lift stations at once.
Packet Pg. 47
�
Page 4
Michael J. Reynolds
October 6, 2016
The purpose of these inspections is to evaluate the capacity of the lift station and to identify
sources of I/I. During a lift station inspection, RJN staff will work with the Village to
complete a fill and draw test on the pumps and pumping configurations for each lift station.
If flow meters are installed, these meters will be compared to the flowrates established by
the fill and draw tests. Each lift station will also be inspected for sources of inflow and
infiltration into its wet well and other structures as well as any major structural deficiencies
It is expected that this task will be completed in 2019.
Private Sector & Long -Term Operations and Maintenance Program Development
Under the IICP requirements, the Village is required to develop a Private Sector Program
(PSP) and a Long -Term Operations and Maintenance Program (LTOMP). The PSP will
outline how the Village will continue the identification and removal process of internal and
external I/I sources on private property. The LTOMP will outline how the collection system
is managed, operated, and maintained, and how the Village will continue to conduce
condition assessments of the sewer system moving forward. The primary goal of both
programs is the reduction of basement backups and sanitary sewer overflows.
As the PSP and LTMOP are not required until 2020, we expect the MWRD will provide
additional guidance on the development of these programs in the coming years. The costs
provided for each of these tasks is in the form of an allowance. A detailed scope of services
will be developed prior to initiating any work on these tasks. We expect the development to
occur between 2017 and 2019 with the following tentative schedule.
2017. Gather documents and gain an understanding of current Village procedures
concerning a PSP & LTOMP.
2018: Review existing documents and develop preliminary options regarding the setup of
a PSP & LTOMP. Meet with staff and elected officials to discuss and select a direction.
2019: Develop the PSP & LTOMP in detail and submit for approval with the MWRD.
Annual Reporting & Project Management
Following the field inspections for each year, RJN will complete all the required
documentation for submittal to MWRD for approval. In addition to completing all required
paperwork, an annual summary report will be completed and submitted to the Village for
approval. The summary report will highlight the work completed as well as any follow-up
inspections and rehabilitation recommendations that will be required as a result of the
inspections.
Packet Pg. 48
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Xi€11�tbB
Page 5
Michael J. Reynolds
October 6, 2016
It is the Village's preference to enter into an agreement to bring the Village into compliance
through the final submittal of the Short -Term Program due March 31, 2020. Based on the
tentative schedule outlined above, we offer the following cost breakdown, with a total not -to -
exceed fee of $174,425. Included in the total amount is a project contingency of $20,000 to be
used only as necessary and entirely at the discretion of the Village for additional items not
included in this scope of services yet related to the Village's sanitary sewer system tributary to
MWRD. Attachment 3 provides unit costs as well as our hourly rate structure.
It is our pleasure to submit this proposal to the Village of Buffalo Grove. Please feel free to
contact either of us at (630) 682-4700 if you would like to discuss this proposal in detail or if
you have any questions.
Sincerely,
RJN Group, Inc.
Michael N. Young, P.E.
Principal
Attachments (3)
Zachary J. Matyja, P.E.
Client Manager
Packet Pg. 49
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:Ilh°°UIIIII" Z°°°°°°° ""'III""III IIL..' °III°)' UII'° &II'iiiilll1III'
(.')FR.AVI'I'Y SEWER IELE:VISINGR:EVIE:W
1. Provide equipment and personnel as necessary for televising video review.
2. Provide coordination with the Village's televising crew for areas to be televised and
obtaining televising videos.
3. Review approximately 13,000 linear feet of sewer televising videos using PACP-certified
personnel and PACP coding standards.
4. Provide data analysis as follows:
a. Compile field data and develop complete list of defects;
b. Incorporate results into GIS;
c. Assign an estimated flow to each defect; and
d. Determine an appropriate rehabilitation method and estimate an associated cost for
each defect.
5. Provide the following information the annual summary report:
a. Summary of work completed;
b. GIS map of identified defects;
c. List of defects prioritized by cost effectiveness for rehabilitation;
d. Recommendations for follow-up SSES work; and
e. Recommendations for rehabilitation, including potential procurement methods and
recommended contractors/vendors for various type of rehabilitation.
6. Provide digital copies of data, GIS geodatabases, and photographs.
S�Vii OKE "I'ESTING
1. Prepare a draft resident smoke testing notification letter for the Village to send to the
affected residents and business owners. The letters will include RJN contact information
for use during the smoke testing. If desired, these letters can be formatted as a public
service announcement, billing insert, and/or used as a Reverse 911 message sent by the
Village. If necessary, provide bilingual letter in Spanish.
2. Prepare smoke testing door hangers to be hung by RJN staff at each address less than
one week prior to smoke testing. The door hangers will also include RJN contact
information and can be bilingual if necessary.
3. Notify the Village and the local fire and police departments of planned smoke testing
activities, including daily updates.
4. Provide equipment, personnel, and smoke as necessary for smoke testing. Smoke test
approximately 26,000 linear feet of sanitary sewer.
5. During smoke testing, erect smoke testing signs near the testing area and answer
resident and Village questions on -site as well as through phone calls.
6. Use handheld electronic data collection equipment for collecting smoke testing data.
7. Smoke test the sanitary sewers as outlined.
Packet Pg. 51
ACIUMUMT ZA III IIL.. ' I°UI!) ' U�! &II!!!]ll1V CE
8. GPS locate each identified defect and take a minimum of one digital photograph of each
defect.
9. Provide data analysis as follows:
a. Compile field data and develop complete list of defects;
b. Incorporate results into GIS;
c. Assign an estimated flow to each defect; and
d. Determine an appropriate rehabilitation method and estimate an associated cost for
each defect.
io. Provide the following information for the summary report:
a. Summary of work completed;
b. GIS map of identified defects;
c. List of defects prioritized by cost effectiveness for rehabilitation;
d. Recommendations for follow-up SSES work; and
e. Recommendations for rehabilitation, including potential procurement methods and
recommended contractors/vendors for various type of rehabilitation.
ii. Provide digital copies of data, GIS geodatabases, and photographs.
MANHOLE INSPECTIONS
1. Provide equipment and personnel as necessary for manhole inspections.
2. Use handheld electronic data collection equipment for collecting manhole inspection
data.
3. Complete up to 120 surface manhole inspections for manholes as outlined. Collect the
following attribute data, as it can be determined:
a. GPS locate of manhole;
b. Manhole diameter;
c. Manhole material;
d. Pipe invert measurements;
e. Connecting sewer diameter(s);
f. Connecting sewer material(s); and
g. Connecting sewer flow direction.
4. Identify and document manhole condition, including:
a. Direct evidence of I/I;
b. Open pickholes in lid;
c. Frame and adjusting ring condition, including needed adjustments and chimney
seals;
d. Corbel condition and defects;
e. Wall condition and defects;
f. Trough and bench condition and defects; and
g. Pipe seal condition and defects.
5. Take a minimum of four digital photographs at each manhole structure
a. Surrounding area;
b. Manhole cover;
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ACIUMUMT ZA III IIL.. ' ° III°' ' U! &II'iiiillP!1VCE
c. Topside - looking down; and
d. Manhole frame.
6. FOR FULL -DESCENT MANHOLE INSPECTIONS: Provide all tasks above as well as
perform a confined space entry, full -depth inspection for an estimated 15 manholes.
Provide additional digital photographs and observations of the bench and trough as well
as for all pipe connections. Full descent manhole inspections will be performed on
manholes that cannot be adequately assessed from the surface.
7. Provide data analysis as follows:
a. Compile field data and develop complete list of defects;
b. Incorporate results into GIS;
c. Assign an estimated flow to each defect; and
d. Determine an appropriate rehabilitation method and estimate an associated cost for
each defect.
8. Provide the following information for the summary report:
a. Summary of work completed;
b. GIS map of manholes and identified defects;
c. List of defects prioritized by cost effectiveness for rehabilitation;
d. Recommendations for follow-up SSES work; and
e. Recommendations for rehabilitation, including potential procurement methods and
recommended contractors/vendors for various type of rehabilitation.
9. Provide digital copies of data, GIS geodatabases, and photographs.
DVI,'.D W °..I'ER FLOODING
1. Provide equipment, personnel, and dye as necessary for dyed water flooding. Water to
be provided by Village.
2. Coordinate and work with Village televising crew to perform televising during dyed water
flooding setups.
3. Set up and complete dyed water flooding at approximately five locations. Document
results with digital photographs of the dye test setup and if possible dyed water entering
the sewer (where applicable).
4. Use handheld electronic data collection equipment for collecting dyed water flooding
data.
5. GPS locate each identified defect and take at least one digital photograph or video of
each defect (where applicable).
6. Provide data analysis as follows:
a. Compile field data and develop complete list of defects;
b. Incorporate results into GIS;
c. Assign an estimated flow to each defect; and
d. Determine an appropriate rehabilitation method and estimate an associated cost for
each defect.
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7. Provide the following information for the summary report:
a. Summary of work completed;
b. GIS map of identified defects;
c. List of defects prioritized by cost effectiveness for rehabilitation;
d. Recommendations for follow-up SSES work; and
e. Recommendations for rehabilitation, including potential procurement methods and
recommended contractors/vendors for various type of rehabilitation.
8. Provide digital copies of data, GIS geodatabases, and photographs.
1:JFT STA."1710N :gNSPI::^"C'IIIG S
1. Provide equipment and personnel as necessary for lift station inspections.
2. Use handheld electronic data collection equipment for collecting lift station inspection
data.
3. Complete up to six lift station inspections as outlined.
4. Review as -constructed drawings, pump curves, and pumping data as available.
Complete fill and draw tests on each pump and pumping configuration for the lift
station. If applicable, compare calculated flow to installed flow meters and pump curves;
5. Collect the following attribute data for lift station structures, as it can be determined:
a. GPS locates;
b. Structure dimensions and materials;
c. Connecting sewer invert(s), diameter(s), and material(s);
d. Force main diameter, material, and discharge location.
6. Identify and document condition, including:
a. Direct evidence of 1/I;
b. General condition and identified defects of underground structures including wet
wells, dry wells, valve vaults, and discharge manhole;
c. Frame and condition, including needed adjustments and seals; and
d. Pipe seal condition and defects.
7. Take digital photographs at each structure, including:
a. Surrounding area;
b. Photos of installed equipment; and
c. Topside - looking down into each structure.
8. Provide data analysis as follows:
a. Compile field data and develop a list of defects;
b. Incorporate results into GIS;
c. Assign an estimated flow to each defect; and
d. Determine an appropriate rehabilitation method and estimate an associated cost for
each defect.
9. Provide the following information for the summary report:
a. Summary of work completed;
b. Assessment of pumping capabilities;
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ACh°°UMUMT Z°°°°°°° ""'III""A III IIL.. ' ; III°) ' UII'° &II'iiii lll'1 V C E
c. GIS map of structures and identified defects;
d. List of defects prioritized by cost effectiveness for rehabilitation;
e. Recommendations for follow-up SSES work; and
e. Recommendations for rehabilitation, including potential procurement methods and
recommended contractors/vendors for various type of rehabilitation.
io. Provide digital copies of data, GIS geodatabases, and photographs.
A. N i.iA ll.. iZ EI"OiZ" Q°iNG ANI D PR0J1!'1C'1' 1V ANA.GEMEN'1'
1. Work with the Village to compile the annual submittal to MWRD for Article 8. RJN will
complete the following forms;
a. Short -Term Requirement Annual Summary Report;
b. High Priority Deficiency Form;
c. Summary of rehabilitation plan, including a Capital Improvement Program (CIP) as
applicable; and
d. Prioritization/Activity Map Update.
2. Submit completed MWRD forms.
3. Organize all data from individual field services into a comprehensive annual summary
report. Report will include:
a. Summary of work completed;
b. Summary of results from each activity;
c. Quantification of excess flow identified;
d. Recommendations for rehabilitation; and
e. Summary of how recommended rehabilitation fits into MWRD program.
4. Submit a pdf of draft report for Village review.
5. Address Village comments on draft report and revise.
6. Submit up to three color copies of final report. Provide one digital copy of final report
files, data, GIS geodatabases, and photographs.
7. Provide project management services throughout the duration of the project.
8. Attend up to three meetings per year with Village staff. Attend one Committee or Board
meeting per year, as appropriate.
Packet Pg. 55
Exh
A I IIi AOh I III im IIi 3 - i!i III C III im („3
UNFJ PRICE, SCUEDUL,F.',
NOTE �: Unit Price Schedule assumes the entirety of each task will be completed in one year (e.g.
all Smoke Testing completed in 2017).
11.01,JR.L.,Y RATE SCIIEDULF
I
Project Director
$225
Senior Project Manager
$180
Project Manager
$150
Senior Project Engineer
$125
Project Engineer
$115
Engineer Intern
$100
GIS Technician
$85
Field Manager
$80
Field Technician
$70
Clerical
$65
N-01'E: Hourly Rate Schedule is valid through December 31, 2017 and subject to a 3% annual
increase thereafter.
I Packet Pg. 56 1
8.D.c
VILLAGE OF BUFFALO GROVE
PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT, dated as of the 51" day of December 2017 ("Agreement") and is by and between the
VILLAGE OF BUFFALO GROVE, an Illinois home rule municipal corporation ("Village") and the Consultant
identified in Subsection 1A below.
IN CONSIDERATION OF the recitals and the mutual covenants and agreements set forth in this
Agreement, and pursuant to the Village's statutory and home rule powers, the parties agree as follows:
SECTION 1. CONSULTANT.
A. Engagement of Consultant. The Village desires to engage the Consultant Identified below to provide all
necessary professional consulting services and to perform the work in connection with the project
identified below:
RJN Group
200 West Front Street
Wheaton, IL 60187-5111
630-682-4700
zmatyja@rjnmail.com
B. Proiect Description. The Consultant shall provide Professional Engineering and Specialty Field Services for
the Village of Buffalo Grove in meeting the Short -Term Program requirements of the Metropolitan Water Reclamation
District of Greater Chicago (MWRD) Infiltration/Inflow Control Program (IICP) for the Cook County portion of the
Village.
C. Representations of Consultant. The Consultant has submitted to the Village a description of the services to
be provided by the Consultant, a copy of which is attached as Exhibit A to this Agreement ("Services"). The
Consultant represents that it is financially solvent, has the necessary financial resources, and is sufficiently
experienced and competent to perform and complete the professional consulting services set forth in
Exhibit A in a manner consistent with the standards of professional practice by recognized consulting firms
providing services of a similar nature.
SECTION 2. SCOPE OF SERVICES.
A. Retention of the Consultant. The Village retains the Consultant to perform, and the Consultant agrees to
perform, the Services as described in exhibit B.
B. Services. The Consultant shall provide the Services pursuant to the terms and conditions of this Agreement.
C. Commencement. Time of Performance. The Consultant shall commence the Services immediately upon
receipt of written notice from the Village that this Agreement has been fully executed by the Parties (the
"Commencement Date"). The Consultant shall diligently and continuously prosecute the Services until the
completion of the Work.
D. Reporting. The Consultant shall regularly report to the Public Works Director ("Director") or his/her
designee, regarding the progress of the Services during the term of this Agreement.
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8.D.c
SECTION 3. COMPENSATION AND METHOD OF PAYMENT.
A. Agreement Amount. The total amount billed for the Services during the term of this Agreement shall not
exceed the amount identified in the Schedule of Prices section in Exhibit A, unless amended pursuant to
Subsection 8A of this Agreement.
B. Invoices and Payment. The Consultant shall be paid as provided in Exhibit A. The Consultant shall submit
invoices to the Village in a Village approved format for those portions of the Services performed and
completed by the Consultant. The amount billed in any such invoice shall be based on the method of
payment set forth in Exhibit A. The Village shall pay to the Consultant the amount billed pursuant to the
Illinois Local Government Prompt Payment Act (50 ILCS 505/1 et seq.)
C. Records. The Consultant shall maintain records showing actual time devoted and costs incurred, and shall
permit the authorized representative of the Village to inspect and audit all data and records of the
Consultant for work done under the Agreement. The records shall be made available to the Village at
reasonable times during the Agreement period, and for three years after the termination of the
Agreement.
D. Claim In Addition To Agreement Amount. if the Consultant wishes to make a claim for additional
compensation as a result of action taken by the Village, the Consultant shall provide written notice to the
Village of such claim within 7 calendar days after occurrence of such action as provided by Subsection 8.D.
of this Agreement, and no claim for additional compensation shall be valid unless made in accordance with
this Subsection. Any changes in this Agreement Amount shall be valid only upon written amendment
pursuant to Subsection 8.A. of this Agreement. Regardless of the decision of the Village relative to a claim
submitted by the Consultant, the Consultant shall proceed with all of the Services required to complete the
project under this Agreement as determined by the Village without interruption.
E. Taxes, Benefits and Royalties. The Agreement Amount includes all applicable federal, state, and local taxes
of every kind and nature applicable to the Services as well as all taxes, contributions, and premiums for
unemployment insurance, old age or retirement benefits, pensions, annuities, or similar benefits and all
costs, royalties and fees arising from the use on, or the incorporation into, the Services, of patented or
copyrighted equipment, materials, supplies, tools, appliances, devices, processes, or inventions. All claim
or right to claim additional compensation by reason of the payment of any such tax, contribution, premium,
costs, royalties, or fees is hereby waived and released by Consultant.
F. Final Acceptance. The Services, or, if the Services are to be performed in separate phases, each phase of
the Services, shall be considered complete on the date of final written acceptance by the Village of the
Services or each phase of the Services, as the case may be, which acceptance shall not be unreasonably
withheld or delayed.
SECTION 4. PERSONNEL SUBCONTRACTORS.
A. Key Proiect Personnel. The Key Project Personnel identified in Exhibit B shall be primarily responsible
for carrying out the Services on behalf of the Consultant. The Key Project Personnel shall not be
changed without the Village's prior written approval.
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8.D.c
B. Availability of Personnel. The Consultant shall provide all personnel necessary to complete the Services
including, without limitation, any Key Project Personnel identified in this Agreement. The Consultant
shall notify the Village as soon as practicable prior to terminating the employment of, reassigning, or
receiving notice of the resignation of, any Key Project Personnel. The Consultant shall have no claim for
damages and shall not bill the Village for additional time and materials charges as the result of any
portion of the Services which must be duplicated or redone due to such termination or for any delay or
extension of the Time of Performance as a result of any such termination, reassigning, or resignation.
C. Approval and Use of Subcontractors. The Consultant shall perform the Services with its own personnel
and under the management, supervision, and control of its own organization unless otherwise
approved by the Village in writing. All subcontractors and subcontracts used by the Consultant shall be
acceptable to, and approved in advance by, the Village. The Village's approval of any subcontractor or
subcontract shall not relieve the Consultant of full responsibility and liability for the provision,
performance, and completion of the Services as required by the Agreement. All Services performed
under any subcontract shall be subject to all of the provisions of this Agreement in the same manner as
if performed by employees of the Consultant. For purposes of this Agreement, the term "Consultant"
shall be deemed also to refer to all subcontractors of the Consultant, and every subcontract shall
include a provision binding the subcontractor to all provisions of this Agreement.
D. Removal of Personnel and Subcontractors. If any personnel or subcontractor fails to perform the
Services in a manner satisfactory to the Village, the Consultant shall immediately upon notice from the
Village remove and replace such personnel or subcontractor. The Consultant shall have no claim for
damages, for compensation in excess of the amount contained in this Agreement of for a delay or
extension of the Time of Performance as a result of any such removal or replacement.
SECTION 5. CONFIDENTIAL INFORMATION.
A. Confidential Information. The term "Confidential Information" shall mean information in the
possession or under the control of the Village relating to the technical, business or corporate affairs of
the Village; Village property; user information, including, without limitation, any information pertaining
to usage of the Village's computer system, including and without limitation, any information obtained
from server logs or other records of electronic or machine readable form; and the existence of, and
terms and conditions of, this Agreement. Village Confidential Information shall not include information
that can be demonstrated: (i) to have been rightfully in the possession of the Consultant from a source
other than the Village prior to the time of disclosure of said information to the Consultant under this
Agreement ("Time of Disclosure"); (ii) to have been in the public domain prior to the Time of
Disclosure; (iii) to have become part of the public domain after the Time of Disclosure by a publication
or by any other means except an unauthorized act or omission or breach of this Agreement on the part
of the Consultant or the Village; or (iv) to have been supplied to the Consultant after the Time of
Disclosure without restriction by a third party who is under no obligation to the Village to maintain
such information in confidence.
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8.D.c
B. No Disclosure of Confidential Information by the Consultant. The Consultant acknowledges that it
shall, in performing the Services for the Village under this Agreement, have access to or be directly or
indirectly exposed to Confidential Information. The Consultant shall hold confidential all Confidential
Information and shall not disclose or use such Confidential Information without express prior written
consent of the Village. The Consultant shall use reasonable measures at least as strict as those the
Consultant uses to protect its own confidential information. Such measures shall include, without
limitation, requiring employees and subcontractors of the Consultant to execute a non -disclosure
agreement before obtaining access to Confidential Information.
SECTION 6. WARRANTY: INDEMNIFICATION: INSURANCE
A. Warranty of Services. The Consultant warrants that the Services shall be performed in accordance with
the highest standards of professional practice, care, and diligence practiced by recognized consulting
firms in performing services of a similar nature in existence at the Time of Performance, The warranty
expressed shall be in addition to any other warranties expressed in this Agreement, or expressed or
implied by law, which are hereby reserved unto the Village.
B. Indemnification. The Consultant shall, without regard to the availability or unavailability of any
insurance, either of the Village or the Consultant, indemnify, save harmless, and defend the Village, and
its officials, employees, agents, and attorneys against any and all lawsuits, claims, demands, damages,
liabilities, losses, and expenses, including attorneys' fees and administrative expenses, that arise, or
may be alleged to have arisen, out of or in connection with, the Consultant's performance of, or failure
to perform, the Services or any part thereof, whether or not due or claimed to be due in whole or in
part to the active, passive, or concurrent negligence or fault of the Consultant, except to the extent
caused by the sole negligence of the Village.
C. Insurance. Contemporaneous with the Consultant's execution of this Agreement, the Consultant shall
provide certificates and policies of insurance, all with coverages and limits acceptable to the Village,
and evidencing at least the minimum insurance coverages and limits as set forth in Exhibit A to this
Agreement. For good cause shown, the Public Works Director ("Director") may extend the time for
submission of the required policies of insurance upon such terms, and with such assurances of
complete and prompt performance, as the Director may impose in the exercise of his sole discretion.
Such certificates and policies shall be in a form acceptable to the Village and from companies with a
general rating of A minus, and a financial size category of Class X or better, in Best's Insurance Guide.
Such insurance policies shall provide that no change, modification in, or cancellation of, any insurance
shall become effective until the expiration of 30 calendar days after written notice thereof shall have
been given by the insurance company to the Village. The Consultant shall, at all times during the term
of this Agreement, maintain and keep in force, at the Consultant's expense, the insurance coverages
provided above, including, without limitation, at all times while correcting any failure to meet the
warranty requirements of Subsection 6.A., Warranty of Services, of this Agreement.
D. No Personal Liability. No elected or appointed official, agent, or employee of the Village shall be
personally liable, in law or in contract, to the Consultant as the result of the execution of this
Agreement.
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8.D.c
SECTION 7. CONSULTANT AGREEMENT GENERAL PROVISIONS.
A. Relationship of the Parties. The Consultant shall act as an independent contractor in providing and
performing the Services. Nothing in, or done pursuant to, this Agreement shall be construed (i) to
create the relationship of principal and agent, employer and employee, partners, or joint ventures
between the Village and Consultant; or (ii) to create any relationship between the Village and any
subcontractor of the Consultant.
B. Conflict of Interest. The Consultant represents and certifies that, to the best of its knowledge, (1) no
Village employee or agent is interested in the business of the Consultant or this Agreement; (2) as of
the date of this Agreement neither the Consultant nor any person employed or associated with the
Consultant has any interest that would conflict in any manner or degree with the performance of the
obligations under this Agreement; and (3) neither the Consultant nor any person employed by or
associated with the Consultant shall at any time during the term of this Agreement obtain or acquire
any interest that would conflict in any manner or degree with the performance of the obligations under
this Agreement.
C. No Collusion. The Consultant represents and certifies that the Consultant is not barred from
contracting with a unit of state or local government as a result of (i) a delinquency in the payment of
any tax administered by the Illinois Department of Revenue unless the Consultant is contesting, in
accordance with the procedures established by the appropriate revenue act, its liability for the tax or
the amount of the tax, as set forth in Section11-42.1-1 et seq. of the Illinois Municipal Code, 65 ILCS
5/11-42.1-1 et seq.; or (ii) a violation of either Section 33E-3 or Section 33E-4 of Article 33E of the
Criminal Code of 1961, 720 ILCS 5/33E-1 et seq. The Consultant represents that the only persons,
firms, or corporations interested in this Agreement as principals are those disclosed to the Village prior
to the execution of this Agreement, and that this Agreement is made without collusion with any other
person, firm, or corporation. If at any time it shall be found that the Consultant has, in procuring this
Agreement, colluded with any other person, firm, or corporation, then the Consultant shall be liable to
the Village for all loss or damage that the Village may suffer, and this Agreement shall, at the Village's
option, be null and void.
D. Sexual Harassment Policy. The Consultant certifies that it has a written sexual harassment policy in full
compliance with Section 2-105(A)(4) of the Illinois Human Rights Act, 775 ILCS 512-105(A)(4).
E. Termination. Notwithstanding any other provision hereof, the Village may terminate this Agreement,
without cause, at any time upon 15 calendar days prior written notice to the Consultant. In the event
that this Agreement is so terminated, the Consultant shall be paid for Services actually performed and
reimbursable expenses actually incurred, if any, prior to termination, not exceeding the value of the
Services completed as determined as provided in Exhibit B.
F. Term. The Time of Performance of this Agreement, unless terminated pursuant to the terms of this
Agreement, shall be for 36 months.
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8.D.c
SECTION 7. CONSULTANT AGREEMENT GENERAL PROVISIONS (cont.)
G. Compliance with Laws and Grants. Consultant shall give all notices, pay all fees, and take all other
action that may be necessary to ensure that the Services are provided, performed, and completed in
accordance with all required governmental permits, licenses, or other approvals and authorizations
that may be required in connection with providing, performing, and completing the Services, and with
all applicable statutes, ordinances, rules, and regulations, including without limitation the Fair Labor
Standards Act; any statutes regarding qualification to do business; any statutes prohibiting
discrimination because of, or requiring affirmative action based on, race, creed, color, national origin,
age, sex, or other prohibited classification, including, without limitation, the Americans with Disabilities
Act of 1990, 42 U.S.C. §§ 12101 et seq., and the Illinois Human Rights Act, 775 ILCS 5/1-101 et seq.
Consultant shall also comply with all conditions of any federal, state, or local grant received by Owner
or Consultant with respect to this Contract or the Services.
Consultant shall be solely liable for any fines or civil penalties that are imposed by any governmental or
quasi -governmental agency or body that may arise, or be alleged to have arisen, out of or in connection
with Consultant's, or its subcontractors', performance of, or failure to perform, the Services or any part
thereof.
Every provision of law required by law to be inserted into this Contract shall be deemed to be inserted
herein.
H. Default. if it should appear at any time that the Consultant has failed or refused to prosecute, or has
delayed in the prosecution of, the Services with diligence at a rate that assures completion of the
Services in full compliance with the requirements of this Agreement, or has otherwise failed, refused,
or delayed to perform or satisfy the Services or any other requirement of this Agreement ("Event of
Default"), and fails to cure any such Event of Default within fourteen (14) calendar days after the
Consultant's receipt of written notice of such Event of Default from the Village, then the Village shall
have the right, without prejudice to any other remedies provided by law or equity, to pursue any one
or more of the following remedies:
1. Cure by Consultant. The Village may require the Consultant, within a reasonable time, to
complete or correct all or any part of the Services that are the subject of the Event of Default;
and to take any or all other action necessary to bring the Consultant and the Services into
compliance with this Agreement.
2. Termination of Agreement by Village. The Village may terminate this Agreement without
liability for further payment of amounts due or to become due under this Agreement.
3. Withholding of Payment by Village. The Village may withhold from any payment, whether or
not previously approved, or may recover from the Consultant, any and all costs, including
attorneys' fees and administrative expenses, incurred by the Village as the result of any Event
of Default by the Consultant or as a result of actions taken by the Village in response to any
Event of Default by the Consultant.
I. No Additional Obligation. The Parties acknowledge and agree that the Village is under no obligation
under this Agreement or otherwise to negotiate or enter into any other or additional contracts or
agreements with the Consultant or with any vendor solicited or recommended by the Consultant.
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8.D.c
SECTION 7. CONSULTANT AGREEMENT GENERAL PROVISIONS (cont.)
J. Village Board Authority. Notwithstanding any provision of this Agreement, any negotiations or
agreements with, or representations by the Consultant to vendors shall be subject to the approval of
the Village Board of Trustees. The Village shall not be liable to any vendor or other third party for any
agreements made by the Consultant, purportedly on behalf of the Village, without the knowledge and
approval of the Village Board of Trustees.
K. Mutual Cooperation. The Village agrees to cooperate with the Consultant in the performance of the
Services, including meeting with the Consultant and providing the Consultant with such non -
confidential information that the Village may have that may be relevant and helpful to the Consultant's
performance of the Services. The Consultant agrees to cooperate with the Village in the performance
of the Services to complete the Work and with any other consultants engaged by the Village.
L. News Releases. The Consultant shall not issue any news releases or other public statements regarding
the Services without prior approval from the Director.
M. Ownership. Designs, drawings, plans, specifications, photos, reports, information, observations,
calculations, notes, and any other documents, data, or information, in any form, prepared, collected, or
received by the Consultant in connection with any or all of the Services to be performed under this
Agreement ("Documents") shall be and remain the exclusive property of the Village. At the Village's
request, or upon termination of this Agreement, the Consultant shall cause the Documents to be
promptly delivered to the Village.
N. Joint Purchasing/Purchasing Extension. The purchase of goods and services pursuant to the terms of
this Agreement shall also be offered for purchases to be made by other Village, as authorized by the
Governmental Joint Purchasing Act, 30 ILCS 525/0.01, et seq. (the "Act"). All purchases and payments
made under the Act shall be made directly by and between each municipality and the Consultant. The
Consultant agrees that the Village shall not be responsible in any way for purchase orders or payments
made by the other Village. The Consultant further agrees that all terms and conditions of this
Agreement shall continue in full force and effect as to other Village during the extended term of this
Agreement.
The Consultant and the other Village may negotiate such other and further terms and conditions to this
Agreement ("Other Terms") as individual projects may require. In order to be effective, Other Terms
shall be reduced to writing and signed by a duly authorized representative of both the Consultant and
the other municipality.
The Consultant shall provide other Village with all documentation as required in the Request for
Proposals, and as otherwise required by the Village including, but not limited to:
• Certificate of insurance naming each additional municipality as an additional insured
SECTION 8. GENERAL PROVISIONS.
A. Amendment. No amendment or modification to this Agreement shall be effective unless and until such
amendment or modification is in writing, properly approved in accordance with applicable procedures,
and executed.
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8.D.c
B. Assignment. This Agreement may not be assigned by the Village or by the Consultant without the prior
written consent of the other party.
C. Binding Effect. The terms of this Agreement shall bind and inure to the benefit of the Parties hereto
and their agents, successors, and assigns.
D. Notice. Any notice or communication required or permitted to be given under this Agreement shall be
in writing and shall be delivered (i) personally, (ii) by a reputable overnight courier, (iii) by certified mail
and deposited in the U.S. Mail, postage prepaid, (iv) by facsimile, or (v) by electronic Internet mail ("e-
mail"). Facsimile notices shall be deemed valid only to the extent that they are (a) actually received by
the individual to whom addressed and (b) followed by delivery of actual notice in the manner described
in either (i), (ii), or (iii) above within three business days thereafter at the appropriate address set forth
below. E-mail notices shall be deemed valid and received by the addressee thereof when delivered by
e-mail and (a) opened by the recipient on a business day at the address set forth below, and (b)
followed by delivery of actual notice in the manner described in either (i), (ii) or (iii) above within three
business days thereafter at the appropriate address set forth below. Unless otherwise expressly
provided in this Agreement, notices shall be deemed received upon the earlier of (a) actual receipt; (b)
one business day after deposit with an overnight courier as evidenced by a receipt of deposit; or (c)
three business days following deposit in the U.S. mail. By notice complying with the requirements of
this Subsection, each Party shall have the right to change the address or the addressee, or both, for all
future notices and communications to such party, but no notice of a change of addressee or address
shall be effective until actually received.
Notices and communications to the Village shall be addressed to, and delivered at, the following address:
Village of Buffalo Grove. ("Village")
51 Raupp Blvd.
Buffalo Grove, IL 60089
Attention: Mike Reynolds
Email: mreynolds@vbg.org
With a copy to
William G. Raysa, Partner
Tressler LLP
233 S. Wacker Dr.
22"d Floor
Chicago, IL: 60606
Email: wraysa@vbg.org
Notices and communications to the Consultant shall be addressed to, and delivered at, the following
address:
RJN Group
200 West Front Street
Wheaton, IL 60187-5111
630-682-4700
zmatyja@rjnmail.com
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8.D.c
SECTION 8. GENERAL PROVISIONS (cont.).
E. Third Party Beneficiary. No claim as a third party beneficiary under this Agreement by any person, firm,
or corporation other than the Consultant shall be made or be valid against the Village.
F. Provisions Severable. If any term, covenant, condition, or provision of this Agreement is held by a court
of competent jurisdiction to be invalid, void, or unenforceable, the remainder of the provisions shall
remain in full force and effect and shall in no way be affected, impaired or invalidated.
G. Time. Time is of the essence in the performance of this Agreement.
H. Governing Laws. This Agreement shall be interpreted according to the internal laws, but not the
conflict of laws rules, of the State of Illinois. Venue shall be in Cook County, Illinois
I. Entire Agreement. This Agreement constitutes the entire agreement between the parties and
supersedes any and all previous or contemporaneous oral or written agreements and negotiations
between the Village and the Consultant with respect to the Request for Proposal.
J. Waiver. No waiver of any provision of this Agreement shall be deemed to or constitute a waiver of any
other provision of this Agreement (whether or not similar) nor shall any such waiver be deemed to or
constitute a continuing waiver unless otherwise expressly provided in this Agreement.
K. Exhibit. Exhibit, A and Exhibit B are attached hereto, and by this reference incorporated in and made a
part of this Agreement. In the event of a conflict between the Exhibit and the text of this Agreement,
the text of this Agreement shall control.
L. Rights Cumulative. Unless expressly provided to the contrary in this Agreement, each and every one of
the rights, remedies, and benefits provided by this Agreement shall be cumulative and shall not be
exclusive of any other such rights, remedies, and benefits allowed by law.
M. Counterpart Execution. This Agreement may be executed in several counterparts, each of which, when
executed, shall be deemed to be an original, but all of which together shall constitute one and the same
instrument.
N. Rights Cumulative. Unless expressly provided to the contrary in this Agreement, each and every one of
the rights, remedies, and benefits provided by this Agreement shall be cumulative and shall not be
exclusive of any other such rights, remedies, and benefits allowed by law.
O. No Waiver of Tort Immunity. Nothing contained in this Agreement shall constitute a waiver by the
Village of any right, privilege or defense available to the Village under statutory or common law,
including, but not limited to, the Illinois Governmental and Governmental Employees Tort Immunity
Act, 745 ILCS 10/1-101 et seq., as amended.
I
Packet Pg. 65
8.D.c
SECTION 8. GENERAL PROVISIONS (cont.).
P. Freedom of Information. Consultant agrees to furnish all documentation related to this Agreement and
any documentation related to the Village required under an Illinois Freedom of Information Act (ILCS
140/1 et. seq.) ("FOIA") request within five (5) calendar days after Village issues notice of such request
to Contractor. Contractor agrees to defend, indemnify and hold harmless the Village, and agrees to pay
all reasonable costs connected therewith (including, but not limited to reasonable attorney's and
witness fees, filing fees and any other expenses) for the Village to defend any and all causes, actions,
causes of action, disputes, prosecutions, or conflicts arising from Consultant's, actual or alleged
violation of the FOIA or Consultant's failure to furnish all documentation related to a request within five
(5) calendar days after Village issues notice of a request. Furthermore, should Consultant request that
Village utilize a lawful exemption under FOIA in relation to any FOIA request thereby denying that
request, Consultant agrees to pay all costs connected therewith (such as reasonable attorneys' and
witness fees, filing fees and any other expenses) to defend the denial of the request. The defense shall
include, but not be limited to, challenged or appealed denials of FOIA requests to either the Illinois
Attorney General or a court of competent jurisdiction. Consultant agrees to defend, indemnify and hold
harmless the Village, and agrees to pay all costs connected therewith (such as reasonable attorneys'
and witness fees, filing fees and any other expenses) to defend any denial of a FOIA request by
Consultant's request to utilize a lawful exemption to the Village.
Acknowledgement.
The undersigned hereby represent and acknowledge that they have read the foregoing Agreement,
that they know its contents, and that in executing this Agreement they have received legal advice
regarding the legal rights of the party on whose behalf they are executing this Agreement, and that
they are executing this Agreement as a free and voluntary act and on behalf of the named parties.
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the dates set forth below.
ATTEST: VILLAGE OF BUFFALO GROVE
By:
Village Clerk
Date•
ATTEST:
By:
Name, Title
Company
By: By:
Title:
Date•
Title:
10
Packet Pg. 66
8.D.c
Exhibit A.
CONSULTANT'S INSURANCE
Consultant 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 connection with the performance of the
work hereunder by the Consultant, his agents, representatives, employees or subcontractors.
A. Minimum Scope of Insurance: Coverage shall be at least as broad as:
Insurance Services Office Commercial General Liability occurrence form CG 0001 with the Village of Buffalo
Grove named as additional insured on a primary and non-contributory basis. This primary, non-contributory
additional insured coverage shall be confirmed through the following required policy endorsements: ISO
Additional Insured Endorsement CG 20 10 or CG 20 26 and CG 20 0104 13.
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 ISO Additional Insured Endorsement CG 2010
and CG 2026
2. Insurance Service Office Business Auto Liability coverage form number CA 0001, Symbol 01 "Any Auto."
3. Workers' Compensation as required by the Labor Code of the State of Illinois and Employers' Liability
insurance.
B. Minimum Limits of Insurance: Consultant shall maintain limits no less than:
1. Commercial General Liability: $1,000,000 combined single limit per occurrence for bodily injury, personal
injury and property damage. The general aggregate shall be twice the required occurrence limit.
Minimum General Aggregate shall be no less than $2,000,000 or a project/contract specific aggregate of
$1,000,000.
2. Business Automobile Liability: $1,000,000 combined single limit per accident for bodily injury and
property damage.
3. Workers' Compensation and Employers' Liability: Workers' Compensation coverage with statutory limits
and Employers' Liability limits of $500,000 per accident.
M
Packet Pg. 67
8.D.c
C. Professional Liability
1. Professional liability insurance with limits not less than $1,000,000 each claim with respect to negligent
acts, errors and omissions in connection with professional services to be provided under the contract,
with a deductible not -to -exceed $50,000 without prior written approval.
2. If the policy is written on a claims -made form, the retroactive date must be equal to or preceding the
effective date of the contract. In the event the policy is cancelled, non -renewed or switched to an
occurrence form, the Contractor shall be required to purchase supplemental extending reporting period
coverage for a period of not less than three (3) years.
3. Provide a certified copy of actual policy for review.
4. Recommended Required Coverage (architect, engineer, surveyor, consultant): Professional liability
insurance that provides indemnification and defense for injury or damage arising out of acts, errors, or
omissions in providing the following professional services, but not limited to the following:
a. Preparing, approving or failure to prepare or approve maps, drawings, opinions, report,
surveys, change orders, designs or specifications;
b. Providing direction, instruction, supervision, inspection, engineering services or failing to
provide them, if that is the primary cause of injury or damage.
IN
Packet Pg. 68
8.D.c
Exhibit B.
Proposal
m
Packet Pg. 69
8.E
Resolution No. R-2016-28 : Resolution for Construction on State
Highways
........................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................
Recommendation of Action
The Illinois Department of Transportation, in a letter dated 11/3/16, asked the Village to approve the
attached resolution. This action is required by the State of Illinois and permits the Village to perform its
required maintenance and acts as the Village's Surety Bond for the calendar years 2016 and 2017. Staff
recommends that the resolution be approved by the Village Board and that a certified copy be transmitted
to the State.
SUMMARY: This action is required by the State of Illinois and permits the Village to perform its required
maintenance on State roads and acts as the Village's Surety Bond for the calendar years 2016 and 2017.
ATTACHMENTS:
• 2016 IDOT bi-yearly resolution for state permits (DOCX)
• 2016 IDOT letter (PDF)
Trustee Liaison Staff Contact
Stein Brett Robinson, Finance
Monday, December 5, 2016
Updated: 11/30/2016 4:48 PM Page 1
Packet Pg. 70
8.E.a
RESOLUTION NO. 2016-
A RESOLUTION THAT WILL SERVE AS A SURETY BOND WHEN
PERMITS ARE REQUESTED BY THE VILLAGE OF BUFFALO
GROVE TO DO WORK IN THE STATE RIGHT-OF-WAY. SUCH
RESOLUTION TO BE VALID FOR THE CALENDAR YEARS 2016 AND
2017.
WHEREAS, the Village of Buffalo Grove, hereinafter referred to as MUNICIPALITY, located in the
Counties of Cook and Lake, State of Illinois, desires to undertake, in the years 2016 and 2017, the
location, construction, operation, and maintenance of driveways and streets returns, water main, sanitary
and storm sewers, street lights, traffic signals, sidewalks, landscaping, etc., on State highways, within
said MUNICIPALITY, which by law and/or agreement come under the jurisdiction and control of the
Department of Transportation of the State of Illinois hereinafter referred to as DEPARTMENT; and,
WHEREAS, an individual working permit must be obtained from the DEPARTMENT prior to any
of the aforesaid installations being constructed either by the MUNICIPALITY or by a private person or firm
under contract and supervision of the MUNICIPALITY.
NOW, THEREFORE, BE IT RESOLVED BY THE MUNICIPALITY:
FIRST: That the MUNICIPALITY hereby pledges its good faith and guarantees that all work shall
be performed in accordance with the conditions of the permit to be granted by the DEPARTMENT, and to
hold the State of Illinois harmless during the prosecution of such work, and assume all liability for
damages to person or property due to accidents or otherwise by reason of the work which is to be
performed under the provision of said permit.
SECOND: That all authorized officials of the MUNICIPALITY are hereby instructed and
authorized to sign said working permit on behalf of the MUNICIPALITY.
AYES:
NAYES:
ABSENT:
PASSED:
APPROVED:
ATTEST:
Village Clerk
12016
12016
APPROVED:
Village President
Packet Pg. 71
34,, EN -
8.E.b
Illinois Department of Transportation
Office of Highways Project Implementation / Region 1 / District 1
201 West Center Court / Schaumburg, Illinois 60196-1096
PERMITS
Resolution for Construction on State Highway
November 3, 2016
The Honorable Beverly Sussman
Village President
Village of Buffalo Grove
50 Raupp Boulevard
Buffalo Grove, IL 60089
Dear Village President Sussman:
Chapter 121 of the Illinois revised statutes requires that any person, firm or
corporation desiring to do work on state maintained rights of way must first
obtain a written permit from the Illinois department of transportation. This
includes any emergency work on broken watermains or sewers.
A surety bond is required with each permit application to insure that all work is
completed in accordance with state specifications and that the right of way is
properly restored.
For permit work to be performed by employees of a municipality a resolution is
acceptable in lieu of the surety bond. This resolution does not relieve
contractors hired by the municipality from conforming with the normal bonding
requirements nor from obtaining permits.
The resolution should be enacted for a period of two years. This procedure will
save time and effort as well as reduce the annual paperwork associated with an
annual resolution.
In order to expedite the issuance of permits to your municipality during the next
two calendar years the attached sample resolution should be adopted and a
signed and certified copy thereof returned to this office. This resolution does
not constitute a blanket permit for work in the State system. A separate
application must be made in each instance. In the case of an emergency,
verbal authority may be given prior to receipt of the written application. After
normal working hours or weekends, this authority can be obtained from our
Communications Center at (847)705-4612.
Packet Pg. 72
November 3, 2016
Page two
We would appreciate the cooperation of your community in withholding the
issuance of building permits along State highways until the builder shows
evidence of a State highway permit having been obtained. Our permit staff
would be willing to answer any questions you may have regarding current
policies or practices and to work with your planning commission on any new
developments within your municipality.
Do not hesitate to contact Ms. Beverly Hawley, Office Coordinator at (847) 705-
4142.
Very truly yours,
John Fortmann, P.E.
Region One Engineer
By*6:
Thomas'C . 8'allenbach, P.E.
Traffic Permits Engineer
I Packet Pg. 78 1
RESOLUTION
8.E.b
Whereas, theyyy_� hereinafter referred to as MUNICIPALITY, located
in the County of __........ State of Illinois, desires to undertake, in the years
20_ and 20_, the location, construction, operation and maintenance of driveways and
street returns, watermain, sanitary and storm sewers, street light, traffic signals,
sidewalk, landscaping, etc., on State highways, within said MUNICIPALITY, which by
law and/or agreement come under the jurisdiction and control of the Department of
Transportation of the State of Illinois hereinafter referred to as Department, and,
Whereas, an individual working permit must be obtained from the Department prior to
any of the aforesaid installations being constructed either by the MUNICIPALITY or by a
private person of firm under contract and supervision of the MUNICIPALITY.
NOW, THEREFORE, be it resolved by the MUNICIPALITY:
FIRST: That MUNICIPALITY hereby pledges its good faith and guarantees that all
work shall be performed in accordance with conditions of the permit to be granted by
the Department, and to hold State of Illinois harmless during the prosecution of such
work, and assume all liability for damages to person or property due to accidents or
otherwise by reason of the work which it to be performed under the provision of said
permit.
SECOND: That all authorized officials of the MUNICIPALITY are hereby instructed and
authorized to sign said working permit on behalf of the MUNICIPALITY.
Corporate Seal
11 .................... hereby certify the
above to be true copy of the resolution passed by the
MUNICIPALITY. Dated this day
Of_w._..,.......__...... — A.D. --
By: ................... . .....
Packet Pg. 74
9.A
Ordinance No. 0-2016-60 : An Ordinance for the Levy and
Collection of Taxes for the Fiscal Year Commencing on the 1St Day
of January, 2017 and Ending on the 31St Day of December, 2017
,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,
Recommendation of Action
Staff recommends approval.
Attached is the Village's Calendar 2016 Property Tax Levy Ordinance for consideration by the President
and Board of Trustees. The proposed levy will be extended against all assessed and equalized real
property for collection in calendar 2017. Total property taxes proposed to be levied are $16,248,473.
After adjusted for abatements, the total levy will increase by 2.64 percent.
ATTACHMENTS:
• 2016 Tax Levy Ordinance - Cover Letter (DOCX)
• 2016 Tax LevyOrdinance-Text (DOCX)
Trustee Liaison
Johnson
Monday, December 5, 2016
Staff Contact
Scott Anderson, Finance
Updated: 12/1/2016 11:23 AM
Page 1
Packet Pg. 75
9.A.a
ilAGE OF
TO: DANE C. BRAGG
FROM: SCOTT D. ANDERSON
SUBJECT: PROPERTY TAX LEVY ORDINANCE
DATE: 12/1/2016
Attached is the Village's Calendar 2016 Property Tax Levy Ordinance for consideration by the
President and Board of Trustees. The proposed levy will be extended against all assessed and
equalized real property for collection in calendar 2017. Total property taxes proposed to be levied
are $16,248,473. After adjusted for abatements, the total levy will increase by 2.64 percent.
PROPERTY TAX 1.EVYC1')MP0NEN11TS
Corporate Levy
The combined Corporate Tax Levy requested for extension totals $8,645,479. This compares to the
2015 levy request of $8,475,960 resulting in an increase of $169,519 or 2 percent. The Corporate
Levy increase in the current year (2015 levy) was 4 percent.
In calculating the specific request for the combined Corporate Tax Levy, the following individual tax
categories are included:
• Police Protection ($3,286,539)
• Fire Protection ($5,358,940)
The total budget for public safety is $26,973,138. The Corporate Property Tax Levy covers thirty-two
percent of public safety expenditures. Revenues generated through fees and fines cover an
additional six percent of the operating budget. Sixty-two percent of the departmental expenditures
are funded through other unallocated sources of revenue. In light of the instability with the State of
Illinois Budget, and corresponding threats to state shared revenues with municipalities, staff
continues to try and reduce the reliance of public safety operations on unallocated revenues.
The following chart shows the allocation of revenues to fund public safety operations.
Page 1 of 6
Packet Pg. 76
Public Safety Revenue Allocation
9.A.a
The ten year average annual growth in the Corporate Levy is 4.28 percent. That figure includes a
significant spike in 2007 when the Village Vehicle Sticker Program was eliminated and the program
revenues were shifted to the property tax levy. If the revenue transfer did not occur, the average
increase drops to 2.22 percent.
The followinLy L-raph shows the ten vear history of the annual growth in the Coroorate Levv.
Special Purpose and Pension Levies
Four pension or Special Purpose levies will be extended as required by the Illinois Pension Code
They are for:
1. Illinois Municipal Retirement Fund
2. Social Security
3. Police Pension Fund
4. Fire Pension Fund
Page 2 of 6
Packet Pg. 77
9.A.a
The IMRF levy was developed based on salary projections for calendar 2017 for all participating
employees other than those employed in the enterprise funds. Projected salaries of water, sewer
and golf course employees are deducted from the gross salary and wage projections because pension
obligations are accounted for within those funds as operational expenses rather than as part of the
extension of a tax levy.
The calendar 2017 employer payroll contribution rate totals 13.89 percent of qualifying salary, a .15
percent change from the 2015 rate of 13.87 percent. To minimize spikes, IMRF uses a five year
rolling average to calculate fund performance in order to smooth out peaks and valleys in returns. By
statute, a minimum investment return must be earned, if not, the employer must make up that
difference. There is a general wage increase of 2 percent proposed in the 2017 budget. Any final
funding deficiency will be made up with interest income and General Fund reserves.
Similar to the IMRF Levy the Social Security levy was developed based on salary projections for
calendar 2017 for all participating employees other than those employed in the enterprise funds.
The calendar 2017 employer payroll contribution rate totals 6.2 percent of qualifying salary for Social
Security and 1.45 percent for Medicare.
The Police Pension Fund levy has been calculated by an independent actuary based on an actuarial
review of the Fund and its membership as of December 31, 2015. The Municipal Compliance Report
for the Fund has been completed and was presented to the President and Board of Trustees on
November 7, 2016.
Likewise, the Fire Pension Fund levy has been calculated by the actuary as of December 31, 2015,
following the same criterion employed for the Police Pension Fund. The Municipal Compliance
Report for the Fund was also completed and presented to the President and Board of Trustees on
November 7, 2016.
The Village continues to utilize an independent actuary to review the funds for the purpose of
calculating a levy. The interest rate assumption for both funds is seven percent. In the future, given
the current interest rate environment it may be necessary to revise the interest rate assumption
lower by .25 or .5 percent. The actuarial reports were provided to the individual pension funds and
the amount requested to be levied was approved by the Police and Firefighters' Pension Boards.
The levies requested for the four pension programs total $5,928,850 versus $6,117,826 levied
resulting in a decrease (2.4%) of $187,976.
The ten year history of annual growth in the Special Purpose/Pension Levies is depicted below.
Page 3 of 6
Packet Pg. 78
9.A.a
Debt Service Levy
The debt levies to be considered are for the following issues and purposes:
• Corporate Purpose Bonds -Series 2016: funding annual street maintenance program.
• Corporate Purpose Bonds -Series 2012: funding annual street maintenance program.
• Corporate Purpose Bonds -Series 201OA: refunding the Village's Series 2001A, 2001B funding
for facilities improvements at the Arboretum Golf Club.
• Corporate Purpose Bonds- Series 201OB: funding for village -wide drainage improvements.
The total amount levied is $1,674,144 versus $807,063 for the 2015 levy, an increase of 107.4
percent. This increase is due to the first year principal and interest payment on the Series 2016
bonds.
The ten year history of annual growth in the Debt Service Levy is shown below.
Page 4 of 6
Packet Pg. 79
9.A.a
PROPEPTI Y7AX BASE
The estimated tax base that the levy will be extended against is estimated to be $1,475,693,765. The
total property tax base for the 2016 levy increased by 3.6 percent. Components of the increase
included a Lake County increase of 5 percent and Cook County decrease of 2.3 percent. N
The graph below illustrates the ten year change.
Equalized Assessed Valuation
1
Cook County W Total EAV ud Lake Couty
The proposed levy will be extended in both Cook and Lake County based on the percentage values
calculated by the Illinois Department of Revenue. These percentages fluctuate annually and are
meant to properly allocate the tax burden between the two counties. The 2016 allocations were 23
percent for Cook County and 77 percent for Lake. Based on these allocations, as certified by the
IDOR, the gross weighted tax levy extended per $100 equalized assessed value would equal $1.081,
which compares to an initial tax levy rate of $1.056 for 2016. The following charts show the pre -
abatement tax levies amounts over the last three years.
The chart below shows the proposed component of the levy as measured against the current year's
extension
Page 5 of 6
Packet Pg. 80
9.A.a
23.00% Rate 77.00% Rate 100.00% 100.00%
(1) (1)
Corporate
0
0.000
0
0.000
0
0
Street and Bridge
0
0.000
0
0.000
0
0
Street Lighting
0
0.000
0
0.000
0
0
Police Protection
755,904
0.273
2,530,635
0.211
3,286,539
3,222,097
Fire Protection
1,232,556
0.445
4,126,384
0.344
5,358,940
5,253,863
ESDA
0
0.000
0
0.000
0
0
Crossing Guard
0
0.000
0
0.000
0
0
11
1,988,460
0.718
6,657,019
0.555
8,645,479
8,475,960
IMRF/Social Security
354,322
0.128
1,186,207
0.099
1,540,529
1,502,955
Corp. Purpose Bonds Facilities
46,092
0.017
154,308
0.013
200,400
192,400
(2010A)
Corp. Purpose Bonds Facilities
61,902
0.022
207,236
0.017
269,138
269,138
(2010B)
Corp. Purpose Bonds Roads
31,631
0.011
105,894
0.009
137,525
137,525
(2012)
Corp. Purpose Bonds Roads
94,951
0.034
317,880
0.027
412,831
0
(2016)
Police Pension
580,899
0.210
1,944,748
0.162
2,525,647
2,440,239
Fire Pension
428,415
0.155
1,434,259
0.120
1,862,674
2,174,632
3,586,671
1.295
12,007,552
1.002
15,594,223
15,192,849
2016 Request
2015 Request
Change
Change
Corporate
8,645,478.89
8,475,959.69
169,519.19
2.00%
Special Purpose - IMRF
1,540,528.88
1,502,955.00
37,573.87
2.50%
Pension
4,388,321.37
4,614,871.00
(226,549.64)
-4.91%
Debt Service
1,019,894.00
599,063.00
420,831.00
70.25%
15,594,223.13
15,192,848.69
401,374.43
2.64%
ABATEMENTS
Any property tax levy can be reduced up to 100% of the original request prior to the final extension
of taxes. Abatements adopted for credit against the 2016 Debt Service total $654,250. An
abatement ordinance is proposed for consideration, following the adoption of the tax levy ordinance.
Consideration was based on an analysis of debt service fund balance, operating reserves, transfers
from operations, and alternative funding sources, especially from water and sewer as well as golf
rates and fees.
TRUTH IN, TAVI 77ON
Truth -in -Taxation: The Act establishing Truth -in -Taxation requires that notice and a hearing be
conducted if the proposed tax levies for Corporate and Special Purpose Tax Levies exceed the prior
year's extension by 5 percent or more. That determination was made and entered into the public
record on Monday, November 7, 2016. At that time, it was determined that the 5 percent threshold
would not be exceeded and therefore, a formal hearing would not be required.
Page 6 of 6
Packet Pg. 81
9.A.b
ORDINANCE NO. 2016-
AN ORDINANCE FOR THE LEVY AND COLLECTION OF TAXES FOR
THE FISCAL YEAR COMMENCING ON THE 1ST DAY OF JANUARY, 2017
AND ENDING ON THE 31ST DAY OF DECEMBER, 2017
BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF BUFFALO GROVE, COUNTIES OF
COOK AND LAKE, ILLINOIS, A HOME -RULE MUNICIPALITY:
SECTION 1. There is hereby levied upon all the taxable property within the corporate limits of said Village of
Buffalo Grove, Counties of Cook and Lake, State of Illinois, the total sum of Sixteen Million Two Hundred Forty -
Eight Thousand Four Hundred Seventy -Three Dollars ($16,248,473) for the following specific purposes and for the
fiscal year commencing January 1, 2017 and ending December 31, 2017.
SECTION 2. General Corporate Tax. A tax is hereby imposed for the General Corporate purposes in this Village in
the amount of Eight Million Six Hundred Forty -Five Thousand Four Hundred Seventy -Nine Dollars ($8,645,479)
spread equally over the value, as assessed and equalized by the Department of Revenue of all the taxable property
within the corporate limits therein.
SECTION 3. Illinois Municipal Retirement Fund Tax. A further tax is hereby imposed for the purpose of Village
retirement in this Village in the amount of Nine Hundred Seventy -Nine Thousand Two Hundred Eighty -Four Dollars
($979,284) spread equally over the value, as assessed and equalized by the Department of Revenue of all taxable
property therein, all in accordance with the provisions of Chapter 40, Section 5/7-171 of the Illinois Pension Code.
SECTION 4. Social Security Fund. A further tax is hereby imposed for the purpose of Village retirement in this
Village in the amount of Five Hundred Sixty -One Thousand Two Hundred Forty -Five Dollars ($561,245) spread
equally over the value, as assessed and equalized by the Department of Revenue of all property therein, all in
accordance with the provisions of Chapter 40, Section 5/21-110 & 110.1 of the Illinois Pension Code.
SECTION 5. Police Pension Fund. A further tax is hereby imposed for the purpose of continuing to provide a Police
Pension Fund in this Village in the amount of Two Million Five Hundred Twenty -Five Thousand Six Hundred Forty -
Seven Dollars ($2,525,647) spread equally over the value, as assessed and equalized by the Department of
Revenue of all the taxable property therein all in accordance with the provision of Chapter 40, Section 5/3-125 of
the Illinois Pension Code.
SECTION 6. Firefighter's Pension Fund. A further tax is hereby imposed for the purpose of continuing to provide a
Firefighter's Pension Fund in this Village in the amount of One Million Eight Hundred Sixty -Two Thousand Six
Hundred Seventy -Four Dollars ($1,862,674) spread equally over the value, as assessed and equalized by the
Department of Revenue of all the taxable property therein, all in accordance with the provisions of Chapter 40,
Section 5/4-118 of the Illinois Pension Code.
SECTION 7. Corporate Purpose General Obligation Bonds — Series 2012. A further tax is hereby imposed for the
retirement of Corporate Purpose General Obligation Bonds, bond principal and interest, in the amount of One
Hundred Thirty -Seven Thousand Five Hundred Twenty -Five Dollars ($137,525) spread equally over the value,
assessed and equalized by the Department of Revenue of all taxable property therein, all in accordance with
Chapter 65, Section 5/8-4-25 of the Illinois Municipal Code and by adoption of Ordinance No. 2012-036.
SECTION 8. Corporate Purpose General Obligation Bonds -Series 2010-A. A further tax is hereby imposed for the
retirement of Corporate Purpose General Obligation Bonds, bond principal and interest, in the amount of Four
Hundred Thousand Three Hundred Fifty Dollars ($400,350) spread equally over the value, assessed and equalized
by the Department of Revenue of all taxable property therein, all in accordance with Chapter 65, Section 5/8-4-25
of the Illinois Municipal Code and by adoption of Ordinance No. 2010-023.
SECTION 9. Corporate Purpose General Obligation Bonds -Series 2010-B. A further tax is hereby imposed for the
retirement of Corporate Purpose General Obligation Bonds, bond principal and interest, in the amount of Two
Hundred Seventy -Three Thousand Four Hundred Thirty -Eight Dollars ($273,438) spread equally over the value,
assessed and equalized by the Department of Revenue of all taxable property therein, all in accordance with
Chapter 65, Section 5/8-4-25 of the Illinois Municipal Code and by adoption of Ordinance No. 2010-023.
SECTION 10. Corporate Purpose General Obligation Bonds -Series 2016.. A further tax is hereby imposed for the
retirement of Corporate Purpose General Obligation Bonds, bond principal and interest, in the amount of Eight
Hundred Sixty -Two Thousand Eight Hundred Thirty -One Dollars ($862,831) spread equally over the value, assessed
Packet Pg. 82
9.A.b
and equalized by the Department of Revenue of all taxable property therein, all in accordance with Chapter 65,
Section 5/8-4-25 of the Illinois Municipal Code and by adoption of Ordinance No. 2016-024.
SECTION 11. A recapitulation of the foregoing levied funds is as follows:
LEVIED FUNDS
General Corporate
$ 8,645,479
Illinois Municipal Retirement Fund
979,284
Social Security Fund
561,245
Police Pension Fund
2,525,647
Firefighter's Pension Fund
1,862,674
Facilities Development Debt Service -Series 2012
137,525
Facilities Development Debt Service -Series 2010-A
400,350
Facilities Development Debt Service -Series 2010-B
273,438
Facilities Development Debt Service -Series 2016
862,831
Grand Total Tax Levy $ 16,248,473
SECTION 12. The Village Clerk is hereby authorized to file a copy of this Ordinance, duly certified, along with any
statutory representations or certifications, with the County Clerk of Cook County, Illinois, and the County Clerk of
Lake County, Illinois, within the time limit prescribed by law.
SECTION 13. If any item or portion of this Ordinance is for any reason held invalid, such decision shall not affect the
validity of the remaining portion of such item or the remaining portion of this Ordinance.
SECTION 14. Detailed Budget Appropriations by line item for the fiscal year commencing on the 1st day of January
2017 and ending on the 31st day of December 2017, along with corresponding levy by Fund are attached as Exhibit
"A" to this Ordinance.
SECTION 15. That this Ordinance shall be in full force and effect from and after its passage and approval. This
Ordinance shall not be codified.
AYES:
NAYES:
ABSENT:
PASSED
day
2016.
APPROVED this day of 12016.
Village President
ATTEST:
Village Clerk
Packet Pg. 83
9.B
Ordinance No. 0-2016-61 : An Ordinance Abating Taxes Levied for
the Village of Buffalo Grove, Cook and Lake Counties, Illinois
........................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................
Recommendation of Action
Staff recommends approval.
Ordinance Abating Taxes Levied for the Village of Buffalo Grove, Cook and Lake Counties, Illinois.
ATTACHMENTS:
• Tax Abatement Ordinance -Consolidated 2016 levy (DOC)
Trustee Liaison Staff Contact
Johnson Scott Anderson, Finance
Monday, December 5, 2016
Updated: 12/1/2016 11:30 AM Page 1
Packet Pg. 84
9.B.a
ORDINANCE NO. 2016-
AN ORDINANCE ABATING TAXES LEVIED FOR THE
VILLAGE OF BUFFALO GROVE, COOK AND LAKE COUNTIES, ILLINOIS
WHEREAS, the Village did on the 5th day of December, 2016 pass and approve Ordinance No. 2016- ,
which ordinance provided for the levy of a direct tax on all property in the Village for the year 2016 for general
corporate, pension and debt service purposes in the Village of Buffalo Grove, in the amount of $16,248,473, a
certified copy of which will be filed with the County Clerks of Cook and Lake Counties, Illinois, and;
WHEREAS, the Village has sufficient funds on hand to pay either a portion, or the entire amount, of the
taxes levied in certain sections, as identified below, of Ordinance No. 2016- for the fiscal year commencing
January 1st, 2017.
NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF
BUFFALO GROVE, COOK AND LAKE COUNTIES, ILLINOIS the following:
Section 1.
Section 8 of Ordinance No. 2016- provided for the levy of a direct tax on all property in the Village for the
year 2017 for the repayment of principal and interest on the Corporate Purpose General Obligation Bonds -Series
2010A issued for the purpose of advance refunding certain maturities of the Corporate Purpose General Obligation
Bonds Series 1992 (facilities development), Series 1994 (facilities develop ment-Metra station) and Series 1995
(street maintenance), in the Village of Buffalo Grove in an amount equal to $400,350 and the Village has sufficient
funds on hand to pay $204,250 of the amount of the tax levied for the fiscal year commencing January 1st, and the
levy of the entire $400,350 is unnecessary.
Therefore, the Village hereby authorizes and directs the County Clerks of Cook and Lake Counties, Illinois to levy
only $196,100.00 and abate and not spread the sum of $204,250 hitherto provided for and levied in the ordinance
providing for the issuance of $5,160,000 of Corporate Purpose General Obligation Bonds -Series 2010A of the
Village of Buffalo Grove, being Ordinance No. 2010-23, passed and approved on April 19, 2010, certified copies of
which were filed with the County Clerks of Cook and Lake Counties, Illinois.
Section 2.
Section 10 of Ordinance No. 2016- provided for the levy of a direct tax on all property in the Village for
the year 2017 for the repayment of principal and interest on the Corporate Purpose General Obligation Bonds -
Series 2016 issued for the purpose of street maintenance in the Village of Buffalo Grove in an amount equal to
$862,831 and the Village has sufficient funds on hand to pay $450,000 of the amount of the tax levied for the fiscal
year commencing January 1st, and the levy of the entire $862,831 is unnecessary.
Therefore, the Village hereby authorizes and directs the County Clerks of Cook and Lake Counties, Illinois to levy
only $412,831 and abate and not spread the sum of $450,000 hitherto provided for and levied in the ordinance
providing for the issuance of $6,125,000 of Corporate Purpose General Obligation Bonds -Series 2016 of the Village
of Buffalo Grove, being Ordinance No. 2016-24, passed and approved on April 18, 2016, certified copies of which
were filed with the County Clerks of Cook and Lake Counties, Illinois.
Packet Pg. 85
9.B.a
Section 3. The following represents a summary of the amounts levied and, if applicable, abated for the
year 2016 as part of Village Ordinance No. 2016- :
Levy
Section
Levy
Abatement
Net Levy
Corporate Purpose
2
$8,645,479
$0
$8,645,479
Illinois Municipal Retirement Fund
3
$979,284
$0
$979,284
Social Security Fund
4
$561,245
$0
$561,245
Police Pension
5
$2,525,647
$0
$2,525,647
Fire Pension
6
$1,862,674
$0
$1,862,674
Corporate Purpose Bonds Series 2012
7
$137,525
$0
$137,525
Corporate Purpose Bonds Series 2010A
8
$400,350
$204,250
$196,100
Corporate Purpose Bonds Series 2010E
9
$273,438
$0
$273,438
Corporate Purpose Bonds Series 2016
10
$862,831
$450,000
$412,831
Total
$16,248,473
$654,250
$15,594,223
Section 4. The Village Clerk is hereby authorized and directed to file a certified copy of this ordinance with
the County Clerks of Cook and Lake Counties, Illinois.
Section 5. This ordinance shall be in full force and effect from and after its passage and approval in the
manner provided by law. This ordinance shall not be codified.
AYES:
NAYES:
ABSENT:
PASSED: _ ,2016 APPROVED: 2016
Village President
ATTEST:
Village Clerk
Packet Pg. 86
9.0
Resolution No. R-2016-29 : A Resolution Requesting the County of
Cook Not to Collect the Loss in Collection on Taxable Property in
the Village of Buffalo Grove
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Recommendation of Action
Staff recommends approval.
The County Clerk of Cook County will hereby be directed not to levy the customary percentage amounts
for loss and collection as part of the extension of those levies requested by the Village of Buffalo Grove in
its 2016 Tax Levy Ordinance upon all taxable property within the Cook County boundaries of the Village.
ATTACHMENTS:
• 2016 Cost of Collection Cover Memo 2 (DOC)
• 2016 Cost of Collection Resolutions - Cook (DOC)
Trustee Liaison
Johnson
Monday, December 5, 2016
Staff Contact
Scott Anderson, Finance
Updated: 11/30/2016 2:10 PM
Page 1
Packet Pg. 87
9.C.a
VILLAGE 1
1„J j IGROVE
TO: DANE C. BRAGG
FROM: SCOTT D. ANDERSON
SUBJECT: LOSS IN COLLECTIONS
DATE: 12/1/2016
The County Clerks of both Cook and Lake County have statutory authority to increase local tax
levies in order to offset losses due to non -collection of property taxes within the respective
counties. In Cook, the increase can equal 3 percent of corporate purpose and pension levies
with an additional 5 percent for debt principal and interest levies. In Lake County, the authority
is similar, but not as broad as the only levies that can be increased are for bonded principal and
interest, which are increased by only 2 percent. For the 2016 Tax Levy an additional amount of
$136,231.04 will be extended automatically to offset loss in collections if no action is taken.
The Village has the option, through the adoption of resolutions, to direct the County Clerks not
to collect these additional charges and fees. This action has been requested of both Cook and
Lake Counties on an ongoing basis. The Village's ten year collection history in Cook County (98.3
percent from the 2005 levy) and in Lake County (99.9 percent for the same period), combined
with the proceeds of the Personal Property Replacement Tax and other revenue, justification
again exists to request these additional levies not be extended; overall the total collection of
taxes levied in the ten-year period is 99.6%.
The Tax Levy Ordinance for 2016 will not include any cost of collection due to extension losses.
Future collection history versus levy will continue to be analyzed to determine if there will ever
be a need to re -institute the supplemental levies. For tax year 2016, Resolutions have been
prepared for Village Board consideration.
Packet Pg. 88
9.C.b
RESOLUTION NO. 2016-
A RESOLUTION REQUESTING THE COUNTY OF COOK NOT TO COLLECT THE LOSS
IN COLLECTION ON TAXABLE PROPERTY IN THE VILLAGE OF BUFFALO GROVE
WHEREAS, the Village of Buffalo Grove has experienced a high level of property tax collections from
its residential and commercial property in Cook County as verified by audit and collection procedures; and
WHEREAS, the County of Cook has made it a policyto extend additional amounts over and above the
annual tax levy requests of the Village of Buffalo Grove in order to offset any loss in collection of the tax levy;
and
WHEREAS, those additional taxes will not be needed by the Village of Buffalo Grove to perform its
operational, pension and debt service responsibilities to its citizens.
NOW, THEREFORE, BE IT RESOLVED BYTHE PRESIDENTAND BOARD OF TRUSTEES OF THE VILLAGE OF
BUFFALO GROVE, COOK AND LAKE COUNTIES, ILLINOIS, that:
SECTION 1. The County Clerk of Cook County is hereby directed not to levy the customary
percentage amounts for loss and collection as part of the extension of those levies requested by the
Village of Buffalo Grove in its 2016 Tax Levy Ordinance upon all taxable property within the Cook
County boundaries of the Village.
SECTION 2. The Village Clerk is hereby directed to send a certified copy of this Resolution to the
County Clerk of Cook County.
AYES:
NAYES:
ABSENT:
PASSED: ,2016. APPROVED: ,2016.
Village President
ATTEST:
Village Clerk
Packet Pg. 89
9.D
Resolution No. R-2016-30 : A Resolution Requesting the County of
Lake Not to Collect the Loss in Collection on Taxable Property in
the Village of Buffalo Grove
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Recommendation of Action
Staff recommends approval.
The County Clerk of Lake County will hereby be directed not to levy the customary percentage amounts
for loss and collection as part of the extension of those levies requested by the Village of Buffalo Grove in
its 2016 Tax Levy Ordinance upon all taxable property within the Lake County boundaries of the Village.
ATTACHMENTS:
• 2016 Cost of Collection Resolutions - Lake (DOC)
Trustee Liaison Staff Contact
Johnson Scott Anderson, Finance
Monday, December 5, 2016
Updated: 12/1/2016 3:08 PM Page 1
Packet Pg. 90
9.D.a
RESOLUTION NO. 2016-
A RESOLUTION REQUESTING THE COUNTY OF LAKE NOT TO COLLECT THE LOSS
IN COLLECTION ON TAXABLE PROPERTY IN THE VILLAGE OF BUFFALO GROVE
WHEREAS, the Village of Buffalo Grove has experienced a high level of property tax collections from
its residential and commercial property in Lake County as verified by audit and collection procedures; and
WHEREAS, the County of Lake has made it a policyto extend additional amounts over and abovethe
annual tax levy requests of the Village of Buffalo Grove in order to offset any loss in collection of the tax levy;
and
WHEREAS, those additional taxes will not be needed by the Village of Buffalo Grove to perform its
operational, pension and debt service responsibilities to its citizens.
NOW, THEREFORE, BE IT RESOLVED BYTHE PRESIDENTAND BOARD OF TRUSTEES OF THE VILLAGE OF
BUFFALO GROVE, COOK AND LAKE COUNTIES, ILLINOIS, that:
SECTION 1. The County Clerk of Lake County is hereby directed not to levythe customary percentage
amounts for loss and collection as part of the extension of those levies requested by the Village of
Buffalo Grove in its 2016 Tax Levy Ordinance upon all taxable property within the Lake County
boundaries of the Village.
SECTION 2. The Village Clerk is hereby directed to send a certified copy of this Resolution to the
County Clerk of Lake County.
AYES:
NAYES:
ABSENT:
PASSED: ,2016. APPROVED: ,2016.
Village President
ATTEST:
Village Clerk
Packet Pg. 91
9.E
Ordinance No. 0-2016-62 : An Ordinance Adopting the Fiscal 2017
(January 1 - December 31, 2017) Budget for the Village of Buffalo
Grove
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Recommendation of Action
Staff recommends approval.
Attached, please find a Resolution for consideration by the President and Board of Trustees formally
adopting the Village's FY 2017 Budget. The Budget was presented to the President and Board of
Trustees on November 14, 2016 as part of the Special Meeting of that evening. Notice of public hearing
was published on November 14th in the Daily Herald and a public hearing will be held prior to the
adoption of the annual budget.
At this time the document is in its final version. The only changes that have been made from the draft
document presented on November 14th are scrivener edits. No budget amounts have been amended.
ATTACHMENTS:
2017 Budget Ordinance (DOC)
Trustee Liaison
Johnson
Monday, December 5, 2016
Staff Contact
Scott Anderson, Finance
Updated: 12/1/2016 11:48 AM
Page 1
Packet Pg. 92
9.E.a
ORDINANCE NO. 2016 -
ADOPTING THE FISCAL 2017 (JANUARY 1-DECEMBER 31, 2017) BUDGET FOR THE VILLAGE OF BUFFALO GROVE
WHEREAS, in accordance with Section 8-2-9.1 et. Seq. of the Illinois Municipal Code, 65 ILCS 5/8-2-9.1 etseq.,
and Section 2, Chapter 8 of the Village of Buffalo Grove Municipal Code, the President and Board of Trustees of the
Village of Buffalo Grove have adopted the budget officer system; and
WHEREAS, pursuant to Section 8-2-9.4 of the Illinois Municipal Code, 65 ILCS 5/8-2-9.4 and Section 2 of the
Village Code, the Village is required to adopt an annual budget; and
WHEREAS, the Village of Buffalo Grove fiscal year runs from January 1, 2017 to December 31, 2017; and
WHEREAS, the Fiscal Year 2017 Budget has been prepared and submitted for the review and consideration by
the President and Board of Trustees of the Village of Buffalo Grove; and
WHEREAS, a notice of Public Hearing was published in the Daily Herald on November 14, 2016, and a copy of
the budget was made available to the public; and
WHEREAS, the President and Board of Trustees reviewed and considered the document attheSpecial Meeting
of the President and Board of Trustees of November 14, 2016; and
WHEREAS, pending any final review of changes to, or supplemental reports on, various elements of the Budget
content, the document can be considered for adoption.
NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF
THE VILLAGE OF BUFFALO GROVE, COOK AND LAKE COUNTIES, ILLINOIS that:
SECTION 1. The FY 2017 Budget of the Village of Buffalo Grove be approved after consideration of any changes
and reports as requested by the President and Board of Trustees up to and through December 5, 2016.
SECTION 2. Upon adoption of the Budget, authority is given to the Village Manager to place the document in
final form for distribution.
AYES:
NAYES:
ABSENT:
PASSED:
2016.
APPROVED: 12016.
Village President
ATTEST:
Village Clerk
Packet Pg. 93
9.F
Resolution No. R-2016-31 : A Resolution Approving the 2017 Pay
Ranges
........................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................
Recommendation of Action
Staff recommends that the Village Board formally adopt the 2017 pay ranges.
In 2014, the Village Board adopted a formal Compensation Policy (attached) using the external and
internal labor market to set salary ranges to be reviewed every three years. Pursuant to that policy, staff
has provided updated Salary Ranges, as well as a detailed implicit liability analysis as requested by the
Board at the October 13 COW. Staff recommends that the Village Board approve the 2017 Pay Ranges
to be effective 1/1/2017.
ATTACHMENTS:
• Implicit Liability Memo Rev (DOCX)
• 2017 Pay Ranges Resolution (DOC)
• BG Compensation Policy (PDF)
• 2017 Draft Pay Ranges New Ranges (PDF)
Trustee Liaison
Johnson
Monday, December 5, 2016
Staff Contact
Arthur a Malinowski, Human Resources
Updated: 12/1/2016 3:30 PM
Page 1
Packet Pg. 94
9.F.a
VILLAGE OF
BUFFALO GROVE
MEMORANDUM
DATE: December 1, 2016
TO: Dane Bragg, Village Manager
FROM: Jennifer Maltas, Deputy Village Manager
Peter M. Cahill, Management Analyst
SUBJECT: 2017 Salary Ranges Implicit Liability
In 2014, the Village Board adopted a formal Compensation Policy (attached) using the external and
internal labor market. Due to the fact that half of the Village's workforce was paid at the third position of
the Village's comparables (police and fire union members) the Village decided for the purposes of
internal equity to place all salary rages at the third position. An analysis was completed and a new pay
plan was adopted by the Village Board for FY 2014. The compensation policy commits the Village to
reviewing the pay ranges every three years in order to remain competitive and ensure the ranges are
appropriate. Per the Compensation Policy Village Staff reviewed the pay ranges in 2016 for a 2017
implementation.
The proposed FY 2017 pay ranges, which included a proposed 2.0% General Wage Increase (GWI), were
first presented at the September 12th Committee of the Whole (COW) meeting. The Village Board
provided feedback on the proposed ranges and at the October 13th COW, staff reduced the recommended
GWI to 2% and created a new pay grade (74) for the Deputy Village Manager, while reducing the max
salary for pay grade 70. During the October 131h meeting, the Board requested that staff develop an
implicit liability analysis to better understand the financial implications of the new salary ranges. This
analysis is discussed in detail below.
Staff evaluated the implicit liability from the salary range changes in both 2014 and 2017 to provide an
accurate picture of where the Village was and where the Village is headed with the FY 2017 ranges.
After evaluating both the 2014 and proposed 2017 ranges, the findings of the analysis are as follows:
1. By placing ranges in the third position of the Village's comparables, the 2014 pay range changes
decreased the Village's implicit liability by $326,636.36.
2. The proposed changes to the 2017 pay plan increases the Village's implicit liability by
$203,962.72
a. Approximately 20% of the implicit liability is driven by two positions, Deputy Village
Manager and Deputy Director of Public Works. Both of these positions were reclassified
into higher ranges based on the comparables.
3. Since the Village has adopted the Compensation Policy in 2014, the implicit liability of salary
ranges has decreased by $122,673.64.
It should be noted that this analysis a highly academic exercise. Due to the recently implemented pay for
performance system, these increases are constrained over time.
Future Actions
Staff recommends that the Village Board formally adopt the 2017 pay ranges at the December 5, 2016
Regular Board Meeting.
Page 1 of 1
Packet Pg. 95
9.F.b
RESOLUTION NO.2016-
A RESOLUTION APPROVING THE 2017 PAY RANGES
FOR VILLAGE OF BUFFALO GROVE EMPLOYEES
WHEREAS, on December 5, 2017, the Village President and Board of Trustees adopted
the Village of Buffalo Grove's fiscal year 2017 budget, and;
WHEREAS, within the fiscal year 2017 budget a general wage increase of 2.0 percent
was programmed for all non -represented employees, and;
WHEREAS, the 2017 pay ranges have been modified so that they are more accurately
aligned with both the internal and external labor market and;
NOW, THEREFORE, BE IT RESOLVED BY THE PRESIDENT AND BOARD OF
TRUSTEES OF THE VILLAGE OF BUFFALO GROVE, COOK AND LAKE COUNTIES,
ILLINOIS as follows:
1. The Village of Buffalo Grove does hereby approve the 2017 Pay Ranges for Village
of Buffalo Grove Employees (attached).
2. The 2017 Pay Ranges will become effective as of January 1, 2017.
AYES:
NAYES:
ABSENT:
PASSED:
ATTEST:
Village Clerk
APPROVED:
APPROVED:
Village President
Packet Pg. 96
9.F.c
Compensation Policy
Statement
The Village of Buffalo Grove has created this compensation policy to develop and implement a
performance management initiative to achieve a more productive and focused relationship
between the compensation of all Village staff and the Village's strategic plan/goals. A need has
been identified for increased sensitivity, accountability and a greater staff focus on Village -wide
priorities, strategic planning and critical success factors and how those factors translate into an
established employee financial "recognition" system. This program attempts to address this issue
by tying pay increases to goal achievement and an employee's overall competency.
Compensation Plan Design
Salary Ranges. Salary ranges will be developed every 2-3 years by conducted a comprehensive
survey of comparable municipalities. Village surveyed the same comparable communities used
by the Police and Fire unions to complete the analysis. Both union contracts set their members'
salary at the number three position of the comparable communities. The new non -represented
ranges are based on the communities number three position such that we are consistent with
union and non -union employees. Consistent with standard compensation practices, range spreads
(the difference between the salary range minimum and maximum) will be set at approximately
40%.
Annual Evaluation
The Village will conduct annual employee evaluations for all Village employees in May and June
with to be submitted on July 1. Both represented and non -represented employees will be
evaluated, but only non -represented employees that are within their range will be eligible for
merit increases. The management staff will use the evaluations to determine an employee's
annual potential salary adjustment based on a pre -determined merit schedule. If an employee
scores below average they will not be awarded an increase and will be placed on a formal
performance improvement plan.
To ensure tested and consistent evaluation standards across the board, staff will employ the
Neogov evaluation system, which will:
1. Track our employees' performance throughout the year, culminating in the mid-
year review.
2. Track an employee's core competencies.
3. Track progress against their annual goals and tasks
4. Compare employees across the department, classifications, and like positions to
ensure a normal distribution of scores.
5. Allow for multiple self -evaluations and check -ins throughout the year.
If a salary adjustment is warranted for an employee at the time of his/her evaluation, the formal
approval process for the increase will be as follows:
1. A memorandum, with a copy of the proposed evaluation, should be sent to the Director
of Human Resources and should detail the specifics and justification for the request;
2. This memorandum should include the amount requested;
Packet Pg. 97
9.F.c
3. The Human Resources Director shall review the request and make a recommendation
to the Village Manager;
4. Should the Village Manager or designee approve the request, the effective date of the
merit increase will be July 1 of that year.
Progression within Salary Ranges.
Based on the results of the aforementioned annual evaluation, the employee will receive a rating
of 1("Unacceptable"), 2 ("Needs Improvement"), 3 ("Fully Meets Expectations"), 4 ("Exceeds
Expectations"), and 5 ("Outstanding"). Employees that score at 3, 4 and 5 will be eligible for an
increase based on the performance pay matrix. Employees that score a 1 or 2 will not receive an
increase and will be put on a formal performance improvement plan which will include both a
written improvement plan and additional mandatory evaluations. Non -represented employees at
the top or above their range will not be eligible for merit increases.
The performance pay matrix is based on two components: 1) the compa-ratio and 2) annual
increases that staff deemed financially sustainable and internally equitable for non -represented
employees. The compa- ratio is the ratio of the employee's actual pay rate to the midpoint,
classified by quartile, for the respective pay range and is used primarily to compare an
individual's rate of pay to the mid -point of the pay range. The goal of this system is to get
employees to midpoint of their salary quicker because the midpoint is considered to be the
appropriate rate for a fully qualified employee. The annual salary increase slows at each
successive quartile after an employee reaches the midpoint. Salary increases following the
midpoint require more effort and achievement from an employee. The approved pay matrix is
below:
Table A:
10-Top 7-Top
5-Top
Needs
Unaccep
Improvemen
Fully Meets
Exceeds
Compa
-table
t
Expectations
Expectations
Outstanding
1st
Quartile
.82-.90
0%
0%
5%
6%
9.50%
2nd
Quartile
.91-.99
0%
0%
4%
5%
8.50%
3rd
1.00-
Quartile
1.08
0%
0%
3.50%
4.50%
8.00%
4th
1.09-
Quartile
1.18
0%
0%
3%
4%
7.00%
Maximum
Lump
1.19 +
0%
0%
3%
4%
7.00%
Under the proposed program, a solid performing employee who fully meets expectations will
move through his/her range in 10 years, an employee who performs above average will achieve
21P1a e
Packet Pg. 98
9.F.c
range maximum in 7 years and an exceptional employee will achieve range maximum in 5 years.
The potential increases will be reviewed every year based on the Village's ability to pay and the
size of the potential pool.
Compensation Plan Maintenance
Base Compensation System Implementation and Maintenance. The Human Resources
Department will be responsible for implementing, maintaining, and updating the base
compensation plan, including pay for performance. Responsibilities will include: evaluating
new/revised classification and jobs; updating the salary structure(s); developing performance
compensation matrices; performing the salary range survey; and recommending changes to the
compensation policy.
The Village Manager will be responsible for reviewing and recommending to the Village Board
any changes to the salary structure(s) and the compensation policy.
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2017 Pay Ranges with Proposed General Wage Increase at 2%
Position
New Min
I step
New Max
Step
Pay Grade 74
Deputy Village Manager
$124,600.32
398
$185,696.16
478
Pay Grade 70
Director of Finance
$112,771.36
378
$168,066.08
458
Police Chief
Fire Chief
Director of Public Works
Director of Community Development
Pay Grade 66
Deputy Fire Chief
$98,562.88
351
$147,625.92
432
Director of Human Resources
Deputy Police Chief
Village Engineer
Pay Grade 62
Police Commander
$93,300.48
340
$139,050.08
420
Battalion Chief
Deputy Director of Public Works
Pay Grade 58
Police Lieutenant
$83,605.60
318
$124,600.32
398
Deputy Finance Director
Building Commissioner
Head Golf Professional BG & Arbo
Public Works Superintendent
Pay Grade 54
Civil Engineer II
$76,808.16
301
$114,470.72
381
Village Planner
Police Sergeant
Pay Grade 50
Fire Lieutenant/ Paramedic
$103,602.72
361
$113,900M
380
(May 1, 2016-April 30, 2017)
Pay Grade 46
Fire Lieutenant/ Non -Paramedic
$101,556.00
357
$111,65232
376
(May 1, 2016-April 30, 2017)
Pay Grade 42
Packet Pg. 100
9.F.d
Public Works Manager
$70,917.60
285
T$105,691.04
365
Purchasing Manager
Civil Engineer I
Pay Grade 34
Plan Reviewer
$66,135.68
271
$98,562.88
351
Mechanic III
Building Maintenance Crew Leader
Pay Grade 2
Firefighter/Paramedic
$60,457.28
253
$98,562.88
351
(May 1, 2016-April 30, 2017)
Pay Grade 25
Patrol Officer
$65,478.40
269
$96,616.00
347
(January 1,2016-December 31, 2016)
Pay Grade 21
Building Inspector
$59,856.16
251
$89,204.96
331
Health Inspector
Electrical & Mechanical Inspector
Fire Inspector
Plumbing Inspector
Records Supervisor
Property Maintenance Inspector
Mechanic 11
Building Maintenance Worker
Accountant
Associate Planner
Admin. Assistant/Deputy Village Clerk
Engineering Technician
Technical Services Manager
Management Analyst
Maintenance Worker III
Crew Leader
Head Golf Professional
Pay Grade 17
Maintenance Worker 11
$52,576.16
225
$78,355.68
305
Pay Grade 13
Permit Coordinator
$45,951.36
198
$67,468.96
275
Administrative Assistant
Utility Billing Coordinator
Accounts Payable Coordinator
Packet Pg. 101
9.F.d
Payroll Coordinator
Maintenance Worker I
Assistant Golf Professional
Pay Grade 9
Community Service Officer
$42,005.60
181
$62,917.92
261
Desk Officer
Social Worker
Evidence Custodian
Clerk
Pay Grade 5
Fleet Maintenance Shop Assistant
$24,269.44
70
$36,167.04
150
Engineering Aide
Pay Grade 1
School Crossing Guard
$18,445.44
15
$27,356.16
94
Laborer
Golf Course Attendant
Packet Pg. 102
9.G
Resolution No. R-2016-32 : A Resolution Authorizing Execution of a
Lease for the Buffalo Grove Golf Course Restaurant
..............................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................
Recommendation of Action
,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,
Staff recommends approval.
Staff seeks authorization to execute a lease agreement for the Restaurant space at the Buffalo Grove
Golf Club pending final review and approval of the lease documents by the Village Attorney. The Cardone
Group will be present at the meeting to review their concept with the Village Board.
As proposed, the existing Village Bar & Grill will close by December 31, 2016. After remodeling both the
tenant space and common areas, the restaurant will reopen as the Wild Buffalo in April or May, 2017. A
copy of the proposed concept plan for the Wild Buffalo is included in the packet.
ATTACHMENTS:
• Memo - Restaurant 2017 (DOCX)
• Cardone (PDF)
• Resolution_Authorizing_execution of a lease (DOCX)
• CHICAGO1-#673842-v10-Buffalo_Grove_Bar &_Grill_Lease (DOC)
Trustee Liaison
Johnson
Monday, December 5, 2016
Staff Contact
Geoff Tollefson, Golf
Updated: 12/1/2016 3:31 PM
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9.G.a
1,1 F
�13UFFALO GROVE
DATE: November 30, 2016
TO: Dane Bragg, Village Manager
FROM: Geoff, Tollefson, Golf Director
Jennifer Maltas, Deputy Village Manager
Brett Robinson, Purchasing Manager
RE: Restaurant Lease Buffalo Grove Golf Course
Background Information
Is
The lease for the current tenant at the Buffalo Grove Golf Course will terminate on December 31, 2016. Staff
has been working diligently to have a solution in place for 2017.
Earlier this year both Tap Room Hospitality (The Still) and Cardone Restaurant Group (Wild Buffalo) made
presentations to the Village Board providing their vision for the restaurant space at the Buffalo Grove Golf
Course.
In response to the Cardone presentation to the Village Board, the Village received 10 positive comments, 37
likes and 38 loves on our Facebook page. The post was viewed 4,469 times and no negative comments were
received.
On October 17, 2017 the Village Board authorized staff to begin negotiations for a new lease for the restaurant
space. Based upon information provided by both prospective tenants staff began the process of negotiating a
lease with Cardone Restaurant Group, as the information provided and terms discussed were more favorable
to the Village over the long term than those provided by the other prospective tenant.
Key points of the lease negotiated with the Cardone Group (attached) are as follows:
Term
The term of the lease is for five years, starting from the date of occupancy, estimated to be April 1, 2017 until
December, 2021. Included in the lease is an option to extend the term of the lease for three periods of five
years each. Any extension would require approval by the Village Board but cannot be unreasonably withheld
Termination of Lease
The Village has the option of canceling the lease at any time and for any reason with 90 days written notice to
the Tenant. Termination of the Lease without cause (see Default) by the Village would require a buyout of the
lease of $500,000. The Tenant, beginning in 2020, has the option of cancelling the lease with no less than 180
days notice prior to the end of any 5 year term. Termination by the Tenant at any other time would cause the
Personal Guarantee of $165,000 to be forfeited to the Village.
Rent
Rent consists of three components: (A) monthly base rent of $4,500, (B) percentage rent of 1% of gross food
and beverage sales, and (C) 60% of the utilities for the premises. Any monies owed to the Village would be due
upon notice of termination. In support of Tenant's percentage rent calculation, the Tenant shall submit
quarterly reports to the Village. The holdover provision of the lease will require Tenant to pay 150% rent if they
stay past the lease's termination.
Page 1 of 2
Packet Pg. 104
Guarantee
9.G.a
A Guaranty of Lease is to be executed by the Tenant which will personally guarantee up to $165,000 in
obligations under the lease. This equates to approximately 3 years of rent. It is important to note that there
was no guarantee in the previous lease. This Guarantee shall be in place throughout the entirety of the Lease.
Maintenance of Equipment and Signage
Tenant shall be responsible for all maintenance, repairs and replacement of all equipment, whether owned by
Tenant or Village. The Tenant is responsible for new or replacement signage.
Investment in Space
The lease proposes that the Tenant invest $100,000 into the restaurant space and the Tenant and the Village
will agree to make the improvements previously discussed with the Village Board and included in the CIP for
2017. The Tenant and the Village must both agree to the plans for the build -out prior to any work being done.
The plans will include as much detail as possible. The Village will control the funds and bid the entirety of the
project, as well as project manage to ensure the work is completed in a timely fashion and prevailing wage
requirements are met.
Default
Below listed are some of the reasons that would cause the lease to terminate (without penalty to the Village)
1. The failure of Tenant to pay Rent, or any portion thereof, within ten (10) calendar days of when it is
due;
2. Premises shall be abandoned, deserted or vacated, closed due to health code violations, or shall not
be in the actual possession of Tenant for a period of fifteen (15) consecutive calendar days, except in
the event of making repairs and alterations or in the event of a casualty or damage caused by an event
beyond the control of Tenant ;
3. Tenant shall fail to maintain the required insurance coverage;
4. Tenant shall use the Premises for the commission of a felony, misdemeanor or criminal act as
defined any law;
5. Tenant fails to maintain any and all permits, licenses and the like, if any, required by the Village,
State or Federal governments with regard to the Permitted Use.
Miscellaneous Items
Tenant is responsible for the cable television in the clubhouse for the portion used by the bar restaurant. The
Tenant shall be the exclusive vendor of beer, food and wine for any Fireworks event held at the Buffalo Grove
Golf Club.
Recommendation
Staff recommends the Village Board authorize the Village Manager to execute a lease, pending final review and
approval of the lease documents by the Village Attorney.
Attachments:
Cardone Proposal
Resolution
Lease Agreement
Page 2 of 2
Packet Pg. 105
THE CAPDONE PESTAUPANT GPOUP
presents
PPOPOSAL FOP PESTAUPANT OPEPATIONS
AT THE BUFFALO GPOVE GOLF COUPS[
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PPiOPOSAL CONTWTS
INTPODUCTION
2
QUALIFICATIONS
3
PPOPOSED APPPOACH TO
4-6
PESTAUPANT OPEPATIONS
PPOPOSED FEES
6
PPOPOSED MENU
7
CULINAPY PUCTUPIS
8-11
INITEPIOP DESIGN
12
TABLE SIPVICI
13
EVENT PLANNING
14
PESUMES
15-16
PEPEPENCES
'17
CONCLUSIONS
18
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L Mi
a rn I y r'i e r"i
IF, 1111111111"MI-9 -0 Moll
are interested in providing restaurant operations
service at tke Village of Buffalo Grove Golf Clulk
D.B.A. Tke Wild Buffalo.
Mam6o, ltaliano kas keen successfully owned
and operated 6y co -owners and executive ckefs,
Salvatore and Briana, Cardone.
Our family -friendly esta6liskment kas keen, serving
I it
serves traditional food as well as fusion specials and
modern Italian to satisfy every palette. We offer
dining: in, carryout, delivery, as well as catering
for private events kotk in and out of tke restaurant.
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OWNEPS
SAvatore & Br6na Cairdane
MANAGEPS
BAR FENDEPS SUVEPS COOKS
GOLFCAPT HOSHISS
ATTENDANTS /Hosr
BAP -BACK BUSSEPS DJ5HWASH[,,PS
a m a z i n ('c"
1. As noted ako've Salvatore and Briana Carclone, who
are co -'owners and executive chefs, have successfully
operated Maimko Italliano since 2004. In addition
we have operated tyre Couture Caterer a full service
catering company, which offers private chefs, servers,
and kartenclers which caters to a variety of ethnic fare
to meet the needs of any client. The Couture Caterer
has also keen in operation for the post 13 years,
2. A copy of an organization chart that Identifies p'ropo,sed
staff positions gnat would lie involved in providing true
restaurant operations services is shown at left.
We brave also included tke name and resume of on,
individual wko would Uely manage and supervise
restaurant operations at tkis location.
3.. Salvatore grew up in Buffalo Grove and is an alumni of
Buffalo Grove Hiqk School. Iguana kas spent most of
ker life in both Buffalo Grove & Long Grove and is on:
alumni of Stevenson High School. We are locally giro'wn
and leave an amazingi reputation.
4. A list of recent of references has been leas keen
provided on page 17
5It should ke important to note that our company
Carclone Pestourant Group is not now nor has it 0
ever been involved in arkitrabon and/or higation. M
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6. Please also note tkat Momko Itallano has not ever E
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filed for reorganization or kankrupicy. U
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PPOPOSED APIPPOACH TO
PESTAUPANT oPEPA:rIONS
1. It is our understanding tkat the Village wishes to create a
modern space to draw more patrons to tke esiakl'iskment
and to please tke existing ones. Witk tke proper overhaul
of Eke venue we see ourselves creating a new age and
more modern feel tkerne for tke restaurant.
Writing a brand new rnenu witk a iriore urkan flair
(Gastropu6 comes to Mind). The restaurant would serve
11unck and dinner. We would Ue to create a menu that
kits muilti-facets and aims to please everyone. Our
intention is to attract everyone key offering a wide variety
of fare olong witk an afford male price range to
touck every need. Wketker it's a quick bite for lunch,
mousiness meeting, golf outing, girlfriend get together,
family dinner, or private event we will aim to please
every type of clientele. With a full service, liar area
and lounge that serves craft keer, local wines and top
shelf liquors. We would like to discuss the possiloility of
video gaming as well, We would love to kost golf
orientated events, village associated events, showers,
weddings and family orientated events. Our mission
will 6e to create a more appealing atmospkere witki
an eclectic menu and delicious relreskmg cocl<tails
all with a friendly face in a cornforkckle surrounding.
2, As kriefly mentioned akove we feel a Gastropuk style
restaurant would do very well in thus location, we have
expanded on that concept on the following page.
a. We kel'lieve the hest service arrangement would
involve, uniformed servers with full a service
restaurant. Classy sleek and modern decor.
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6. We believe a detailed description of all Eke services,
furniskings, equipment, and capital improvements
would be cliifficult to provide at this time, and we
would like to discuss ou:r options witk the Village if
tkey are interested In moving forward wItk Ccirclone
Pestaurant Group as a partner.
C. Please find on pages 7 tkru 11 a sample menu
and along witk pictures of food items we believe
would work well at tkis location.
d. We envision, providing 6otk a full service caterer
on staff and a Cart attendee rounding tke golf
course w11 A dsnack'.ks and snac,
e. We understand tkat tke Village is open to al new
Service Provider modifying Eke indoor restaurant
and outdoor seating layout/Conf iqu ration again as
noted In Item 6. We believe tkils would be difficult to
provide at tkis time but if Eke Village is interested
in parEnering witk us we would get professionall
assistance to provide proposed renovations to
tke existing space.
f. Cardone Pestaurant Group will accept all
major credit cards for services provided as part
(D
of tlills Pr 'ect. C
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Carclone Pestaurant Group intends to offer alcokol
service on site and will comply witk Eke licensing E
requirements, of Eke village and state and will be
involved in Eke required Basset Certification training.
s e a hi ri fj
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L
PPOPOSED APPPOACH (CONTINUED)
3. Cardone Pestaurant Group kelleves that we can run a
very successful restaurant in tkie existing space. Based
upon, our experience with our current operations along
with the proper investment in the space, at the Buffalo,
Grove Golf Course we have developed a five year
operating/sales projection.
4. We envision that our Pestouiraint w1H maintain fully
operational during the off season (with the exception
olf the outdoor area having to lie closed). We would
1i6 to explore the possikilities of outdoor heaters to
maximize the use or the outdoor area.
5. We are strongly considering offering delivery service
and will likely have delivery drivers with vekicles.
As, noted ako,ve we may offer cart service that wound
require some type of small motorized vehicle.
6, Our goal Is to luring to Buffalo Grove an estakliskiment
that serves 100% homemade everything. We love the
idea of locally grown & kreweJ, and we love sustainaloility
�PPOPOSED FEES
We would propose tkie Village entertain a Hat rate
kase rent that can ire negotiated ketween ourselves
and the village.
M
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L
Fried Calamarl
9
Fresh calw,,,m, 5oaqr
Coconut Shrimp
9
Fiesh f"oconw, parw.. brem.J crumbs, C"a"ge qmcol smg:u% kled
Truffle Arnica
7
Abom) rice, raimed "OvoamQ M, Irvfflo tail, ir,portad dressdress d IZullfiiw,
c'umb" M,'16',O,a fin?d
Buffalo Meatball
7
Htdf,flo mf?zi"ball, rnpc.xted dhcm�se, k,esh hurb, �,hwed
Drunken Muscles
6
Pp l rnusdos, fVoJl g,flir,,Swn� fernon, hwb, Loast
Stuffed Mushrooms
6
Wh;Locap mushfooms, rabbit 5emjsage, f'o',,h lm,,b, mp... Wd chee,,,
Fried Zucchini
6
zwdxhmi, hood, i:,Ae, nw,%Led ckePry Romalcwjs, uarziki sauccr
Mango Duck Drumette
5
f.')kjck diurnsik.k, nanrko glva
Eggplant Salad
12
Ffieci q,-!ggplant, arugula, ,1rce tornato, Irosh bucconcom, 4` 0"mic, c
,�f- alr,
Cobb Salad
10
kJnllorj ch�ckr,,,,I, CCADOru, groon onmmr, hxd buih-,d er 9, aw1cado,
bzxw" d",lahni pag, croarny takan dresvnq
Spinach Salad
9
Baby srdnach, dried cranbe-v, wMmOrr, P: 'Os6uU,"", "J06k, eHvo (A,
9flk-d f.Nck,,ff,, fxsko curan,
Capre,se Salad
9
51ico9 Rorl'IWQ, rlUxOd +JWO,',S, 4N.nh r"oz.ulrofla, a µa dw wrgwokve od
Tortilla Salad
12
Cnikm, or fned -Auckul, Ootud "ju,;rw'yr
oa"ed perip e,, tmWN� ,wp, wrld
chec,,w g4iH.
Italian 9
Ho" 114Z04vr p,01;01.-',O, rr.miicoka, :,ata"d, rnortade.Ni,
ro,asa d tornato, arugula, ;pinach, mponed cheese
Mexican 9
avo, rdo, Iimo roaitod ,, c,n, jalap:no ri.,yo
French 9
R,na, oh,u, tornalo: , Ffench be,.m, sp ring mix, vinwc.yOW
Russian 9
Sak,,,,,on, dill, rna f,vr.h, picklod
American 9
1,,Aoy, lag rwilc, ved onl on, cheddar cheese, enayo
Irish 9
'Yaw roasted corned beef, r abb a„7a b,var, ckwe m",o
Grilled cheese
11
(3ouda, cheddx, saurdo,.aqh, u(,rnaw hi"que
Malibu chicken
11
Briwjw , grikocl C,Psow k ur1. prier -appk" Avocado, nlango chutney, swiss
cheesf.",
Beef and cheddar croissant
11
Sliced beei, choddar, beer onion, fre-Jh croiqsant, aw Iud�
Wild Buffalo Triple Cheese burger
10
R%m ire thar.hy huffakr Gouda, m,ss, bcr,,,m on,on,
, C$- r)nio, W,110to, chipol k2 i nusr.ar(:d, trufflca Mes,
BBQ Burger
10
Pretzel bw), Anclus in,iqef; on,on 0,
&M)cado, NO s+uh ;Q
Build your own Burger
8
(A"O'co of broad, two loppmla, and chee�(?
Chicken Pesto
5
Tomato foccac.43, q611c,-d duckon, hor"'O made
roastc-d md [.wppur, -pited pro,olom,
Stuffed Whitefish is
L "A", 4urx.rro, yako lish, baby Sflirlildl, i.XOV0101112, ICHTIon butte, Maur. e,
BBQ Salmon
is
J7,it jskar,6 sq'I'mon, RRO "I"ptcjrcl,"o"u'ry, polerd-,a
Roasted Duck
16
Hoff duck, brandy apincol qla2o, vidd vif-a
Chicken Saltimbocca
16
Chk:ken brra,.A, 600 d. y aged pmtiowt,,,, r,'qxxt(,'d
femon Wue, saucu, F,om;fi boans
Petite Filet
14
Nuo r.,e.sa, cjr,dtvd
Chicken Zucchini Parinnigiana
14
Chick(m bmar'G, W,-;h rcovsled mr.wriecl cheo.sc2,
f,wj, h,nd, hon"xk
Chicken Cutlet Arugula
12
CNeA,m Brea,,k, pm,ko bmr,a(km neb, srugula, ,haw'- P,'Aosuv,, N"flf„air ic glzrxc,
Ribrs
10
Sk),, a),vitod FMO pork dbs, hies
Prosciutto and Arugula four cheese 18
Meat lover 16
b."cca,
Vegetarian 12
Artichoke, ,Forwch, rujsrrxl red rmppw, row,;I,:d p trllpofla "V""Ovorr, n
BuHd you, own Piet
Toppings - luilt,,,in S,mwgf,, da ryl,e rid Beef, Frpporom, Chicken,
Mvff,ab W4��, Bxon, Onv)n, Spinndi, Tornato, Olive, Arlichakx.,,
Mu'r'b"'mm, 83,'J!J1 Pmc,rapplo, Waponm
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Packet Pg. 115
9.G.b
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Packet Pg. 116
Featured appetizer prepare'
Rap Chef Cardone
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INTEPIOP DESIGN CONCEPTS
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PLATING & SEVICE CONCEPTS
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EVENT IPLANNING, POP ALL OCCASIONS
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OPEPATIONS /MANAGE MENT PESUME
NICO MARIAN!
Cell: #W� W8 W
&A AWA&#L%4j—j
Summary
Accomplished Restaurant Manager with over 20 years' experience in the restaurant inclustry and
15 years as a restaurant management. Proficient team leader and motivator with strengths in
team development' and sales generation. Strong project and time management skills.
Highlights
•
Training and Development
•
Revenue generation
•
Financial administration
•
Analytical and critical thinker
•
Vendor coordination
•
Team leadership
•
Inventory Control
•
Sales coaching
•
Customer Service
•
Proiect Management
•
Budget oversight
•
Detail oriented
•
Strong leader
Experience
Coach House Bar and Grill 9 Roselle, IL
1996 to Present
• Coach, train and manage team to handle diverse responsibilities
• Consistently exceed quest expectations and facility service, standards,
• Work closely with chef and cooks to determine menu plans for special events
• Maintain facility as a clean, safe and f(AY functional entertainment venue
• Mo�niitored restaurant during enfire shift to respond quickly to needs
• Negotiated vendor contracts to obtain optic nal pricing and delivery options
• purchase/control inventory with: attention to, budget guidelines
• Oversaw daily work assignments and customer service issues
• Administered payroll and vendor payments
• Recruited and hired new employees
• Promote quest satisfaction for steady repeat business
• Delegated and distributed specific tasks to staff
• Counsel and discipline staff when necessary
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OPEP,ATION S/MANAGEM ENT PESUME
DI NO CARDONE
'334 Kevyn Larw [ K nscnvi Ile, IL 60 W 0 p 70K29(b.6263
ObJective I would hke to obun as positk)n msal" managermni that "'fl) ublize rny cxperrcncc to maintain auxt autuirc new
relanonslup;, in(jcase stapes and prontole growlh� I ookhtg w expand on rriy shahs and explore new
Experience 2009-20 V5 Rernar, tndustrivs, Inc FA� Grove VdWc, H-
INTERNATIONAL SALES N4ANAGER
Maintaft'i current customer basc with all awmnanc nAnsriussion rweds
1310h, ncw cuswinct. [mse Irom Mexico, Pucrio Ricci, Somh Anwrica, and Europe
2009-2015 Rcrnan Indumms, hic Elk Grove Vfllagc, 11
PLIRC ' HASING AGEN'r
Ncoonated whh at] curremvenctors to save company, rnoncy
Built new relakmiships mth all viable vcndors
Saved the company om, $300 fliousand widiin the. first 2 years,
Purdiased all parts used to rebudd torque cotiverters, day` to clay woling and matchals used for rc-manulacutring.
1996-2000 Akoo.catn Chicago, Illinois
VICIF 017 MUSIC AND RADIO
DcvcJcqvd a I`OLUXLWOal with radio malion pprograni directors from At over ihe wodd
Hudi mc& relations team of 10 people and chrected them on dic developed IL ( )jnj(j mion
Hluitt as database, to comphnAent a device ihai cari take your tbbusic front an), I1C-r up to 1000 fcct %virelesdAl
gIVMg 111C end U-Stl- the Uhnilate internet rancho experience,
Assistccl CTO in all lnNnw.,,s ide-as and was it part ofall itia'Jor businoss deals.
1994- t 996 Minok, Brick Comix'my WiviMon of Prairic Group) Sdlaufnbktrg, Willois
INSI DF SALES fFRUCKING
Assisted customer,,.; and eonn acwrs wltll picking out brick w build homes and commcrcual properties
Built Rctalionshps wifli logistics compantes w bring brick in and owbound
Saved the company thomands oi dollars, by maintaining rdatiow.;Mps with bgis6c,, companics
Otho, Skills IOC17-Curwnt
)V;Socuac funeral director wbicl,n conskts ofmakin- futicral arnrmgtqncnts, ni as Fatndics' tune ol'Grimirl,
fm a khcd une.
1984- CLUTCM
Dkc loc.kcy; provichng entenaininent for dificrem my es of events, provkhng both sound and lyhung
Developing Customer rdationships Iran future business
Languages Flumt in both ll�ahan and 'Spanhsh
References Available Upon Request
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PEPEPENCES
Tom and Anna Kousgaard
Proprietors Crossfit PPE
(847) 951-2662
Catered full service weclding in May 2015
Annie Ckrislie
CPO Components for Industry
(847)630-7555
Apatiricl @cUSA.com
Catered full service events kotk kusiness and personal,
kusiness, meetings ai restaurant koik small and large
weeLly from 2004 - 2016
Puclolpki Wentino DiTommaso
Master Vintner/ Proprietor Valentino Vineyards
5175 P'.P.D. Long Grove
(847)634-2831
r- p e c 1. e J I [Da r I- ne rs
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4'ie perlect
CONCLUSION
In conclusion we feel we would ke a perfect it along wilk tke
-11 v11 age to provide w1kat i 's truly needed in dais space. We coin
touch a wide variety of clientele from the weAly golfers, atten-
dees of tournaments, youtk golfers, families, kusinessi-nen, etc.
We strive to operate at full capacity and would like to express
tke concerns we have in making ikis space an rnore inviting
and productive acldl6on to Ike Buffalo Grove and surrounding
communiihes. We would look forward to discussing wift-) tke
ViHage [ke following changes,
Exterior, we, feel it is a kit outdated and needs to look
more inviting, food service and cur k appeal.
Peconfigured and remodeled interior to allow letter
traffic flow and creating more room.
Explore tke cp6on of an inidoor/ouldoor [eels in Ike liar
area ky potentially adding some rer'novalble glass windows
or sliding glass doors.
Pernodeled Patio to allow a quick stop for Eke golfers, plus
time option of outdoor tent golf outings, private events, etc.,
Tkis is just a small representation of tke many wonclerful C . '4
pssi'kilities we k,ellieve Eke course restaurant kas, We see o
Elie potential of wkat Ike space could ke and would feel C�
X
honored to ke proprleEors of tkis estakliskment, 0)
r-
0
We., tkanl< you so muick for your Lorne and consideration and M
kope, you find tkal we will kle tke perfect fit.
E
Sincerely,
as
Sallvatore and Briana Cardone
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9.G.c
Resolution No. 2016 -
A RESOLUTION AUTHORIZING THE VILLAGE MANAGER TO EXECUTE A
LEASE FOR THE RESTARUANT SPACE AT THE BUFFALO GROVE GOLF
CLUBHOUSE
WHEREAS, the Village of Buffalo Grove is a Home Rule Unit pursuant to the Illinois
Constitution of 1970; and,
WHEREAS, the residents of the Village of Buffalo Grove and patrons of the Buffalo
Grove Golf Course would likely find it advantageous to have a restaurant on the Clubhouse
premises ; and,
WHEREAS, the Village Board has determined that it is in the best interests of the
Village to authorize the Village Manager to finalize and execute a lease agreement with a
restaurant operator.
NOW, THEREFORE, BE IT RESOLVED BY THE PRESIDENT AND BOARD OF
TRUSTEES OF THE VILLAGE OF BUFFALO GROVE, COUNTIES OF COOK AND LAKE,
STATE OF ILLINOIS, as follows:
SECTION 1. The foregoing recitals are hereby incorporated and made a part of this
Resolution.
SECTION 2. The Village Manager is hereby authorized and directed to execute the
attached lease agreement pending final review and approval by the Village Attorney.
SECTION 3. This Resolution shall be in full force and effect from and after its
passage and approval.
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9.G.c
AYES:
NAYS:
ABSENT:
PASSED: 2016
APPROVED: 2016
ATTEST:
Village Clerk
APPROVED:
Village President
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11/14/2016
DM #673842
RESTAURANT LEASE
This Lease ("Lease") is made between the Village of Buffalo Grove, Illinois, an Illinois
Municipal Corporation ("Village") and [To be formed entity], ("Tenant") as of this day of
December, 2016 (the "Effective Date"). The Village and Tenant are sometimes hereinafter
referred to individually as a "Party" and collectively as the "Parties".
RECITALS
WHEREAS, the Village owns the Buffalo Grove Golf Club located at 48 Raupp Boulevard
in Buffalo Grove, Illinois ("Subject Property") and includes the restaurant facilities, which is
comprised of the cross hatched area depicted on Exhibit A labeled "leased area" ("Premises");
and
WHEREAS, the Premises is located on the Village owned Buffalo Grove Golf Course
("Golf Course") and the Golf Course is included as part of the Subject Property; and
WHEREAS, the Village has the authority and has taken, all appropriate action to lease
the Premises; and,
WHEREAS, Tenant desires to lease the Premises from Village on the terms and
conditions set forth herein, and Village desires to lease the Premises to Tenant on the terms
and conditions set forth herein.
NOW THEREFORE, in consideration of the mutual promises herein contained, the Village
and Tenant agree as follows:
1. Incorporation of Recitals.
The foregoing recitals to this Lease are hereby incorporated into and made a part of this Lease
2. Lease, Subject Property and Tenant Access.
The Village does hereby lease to Tenant and Tenant hereby leases from the Village the Premises
subject to the terms and conditions of this Lease. Those portions of the Subject Property which
are available for the common use of Landlord, Tenant, guests or occupants of the Subject
Property, are sometimes collectively called the "Common Areas." Village grants to Tenant and
Tenant's employees, agents, customers, and invitees the nonexclusive right to use, the
Common Areas located within the Subject Property for their intended purposes. Landlord shall
be responsible for the operation, management, and maintenance of the Common Areas in a
clean and first class manner; provided, however, that Tenant shall be responsible for keeping in
a clean manner the dumpsters, the area for trash collection and the grease traps. Landlord
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shall not construct any building or structure that may impair visibility of the Premises from
Church Rd; provided, however, that Village shall retain the discretion to install any sign for the
Golf Course and plant any landscaping. Notwithstanding anything to the contrary, Village shall
cooperate with Tenant to trim and prune any trees or landscaping which may impact the
visibility to the Premises. Landlord agrees to use its good faith and diligent efforts to minimize
interruption of Tenant's business in the performance of any Landlord work in the Common
Areas.
3. Term.
The term of this Lease shall be five (5) years ("Original Term") commencing on January 1, 2017
and shall terminate at 11:59 P.M. on December 31, 2021 ("Term Expiration Date"); the date
that Tenant shall begin to pay rent (the "Rental Commencement Date") shall be the earlier of
the date Tenant opens for business or one month after the Date of Substantial Completion
(defined below in Section 12).
This Lease shall be automatically extended for three (3) five (5) year periods (each an
"Extension Term") upon the same terms and conditions as set forth herein, for the exception
that Base Rent shall be increased as set forth herein. "Price Index" shall mean the Consumer
Price Index for All Urban Consumers published by the Bureau of Labor Statistics of the United
States, or such successor organization. "Base Price Index" shall mean the Price Index for the
December immediately preceding the beginning of the expiring term; For the sake of
clarification, the Base Price Index for the first Extension Term shall be December of 2016.
"Current Price Index" shall mean the Price Index for the December immediately preceding the
beginning of the Extension Term; For the sake of clarification the Base Price Index for the first
Extension Term shall be December of 2021. "CPI Factor" shall equal the greater of (A) 1.00 and
(B) the Current Price Index divided by the Base Price Index; provided that in no event shall the
CPI Factor be greater than 1.05. The Base Rent for every Extension Term shall be equal to the
Base Rent for the preceding term multiplied by the CPI Factor.
Either Party may cancel this Lease at any time with ninety (90) calendar days' written notice to
the other Party ("Early Termination"). If the Village elects Early Termination then it shall pay
Tenant the sum of Five Hundred Thousand Dollars and 00/100 ($500,000.00). If the Tenant
elects Early Termination then it shall pay Village the sum of One Hundred Sixty -Five Thousand
Dollars and 00/100 ($165,000.00). Notwithstanding, it shall not be an Early Termination if
Village terminates this Lease because of a default by Tenant. Further notwithstanding, it shall
not be an Early Termination if Tenant chooses not to exercise an Extension Term by delivering
to Village, not less than one -hundred and eighty days (180) before such Extension Term, written
notice that Tenant chooses not to exercise said Extension Term.
Upon termination of this Lease, for any reason, Tenant will yield the Premises to the Village, in
good condition and repair and in broom -swept condition, except for ordinary wear and tear,
and will deliver the keys for the Premises to the Village Manager. Tenant shall be responsible
for all damage to the Premises beyond normal wear and tear caused by Tenant and as
reasonably determined by Village in its sole discretion. In addition, upon termination, all
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equipment, personal property affixed to the Premises and surrounding area, all realty located
within the Premises, food service and beverage service equipment, and materials, equipment,
including the items listed on Exhibit D attached hereto and the like not owned by Tenant shall
remain at the Premises. All furniture, fixtures, equipment and personal property owned by
Tenant shall remain the property of Tenant at the end of the Term and may be removed by
Tenant at any time during the Term.
Notwithstanding anything to the contrary in this Section 3, if Salvatore Cardone shall pass away
then this Lease shall automatically terminate.
4. Village Ordinance Required; Liquor License.
This Lease shall not take effect until approval from the Village's President and Board of Trustees
has been obtained by ordinance. The Ordinance approving the Lease shall include a statement
that each Extension Term is included in such original approval and no further approval of each
Extension Term is required. Village shall not unreasonably withhold any liquor or gaming
license or permit; however, Tenant shall have the right to cancel this Lease, without evoking an
Early Termination, if Tenant has not obtained a liquor license by the Date of Substantial
Completion, defined in Section 12.
S. Rent.
Beginning on the Rental Commencement Date, Tenant shall pay Base Rent, as that term is
defined here, to the Village at 50 Raupp Blvd, Buffalo Grove, IL 60089, or such other place, or to
such other person, firm or corporation, as shall be designated from time to time by Notice from
the Village. If the Rental Commencement Date falls other than on the first day of the month,
then Base Rent for that month shall be prorated.
Rent shall consist of the following monthly payments:
A. Base Rent of Four Thousand Five Hundred Dollars 00/100 ($4,500.00) per month during
the Original Term of this Lease (and in such amounts for each Extension Term as
outlined above); and
B. Percentage Rent (as defined below); and
C. Additional Rent which (as defined below).
"Percentage Rent" is defined as one percent (1.00%) of gross food, beverage and banquet
sales, excluding sales tax and services charges (defined as gratuities and other fees charged
over and above food and beverage sales, which would include, but not be limited to, banquet
wage differentials, comped meals/beverages, overrings, discounts, equipment charges, etc.) for
all food and beverage sales on the Premises and Subject Property regardless of where such
sales may be booked or reserved. For the sake of clarification, Percentage Rent shall exclude
proceeds of insurance, proceeds of litigation or settlements; video gaming revenue,
documented charitable contributions by Tenant of goods that were prepared at the Premises;
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fees paid to third party delivery services (such as, for example GrubHub) for off -site deliveries,
and fees paid to reservation services (such as, for example Open Table). Tenant shall pay
Percentage Rent one year in arrears within 10 days of the end of the calendar year. Further,
Tenant shall submit quarterly certified sales figures and operating statements to the Village
within 30 calendars days of the end of every quarter, which will support Tenant's Percentage
Rent calculation. Notwithstanding anything here to the contrary, Percentage Rent shall not
exceed Fifteen Thousand Dollars 00/100 ($15,000) per year.
"Additional Rent" is defined as 60% of all utilities for the clubhouse which shall be payable one
month in arrears. Notwithstanding, Tenant shall be solely responsible for any cable, satellite or
other television service utility bill. Further notwithstanding, Tenant shall not be liable for any
garbage or recycling utilities. Tenant shall be responsible for Additional Rent starting on the
Date of Substantial Completion.
"Holdover Rent" If the Tenant retains possession of the Premises or any part thereof after this
Lease terminates, whether by lapse of time or otherwise, then Village may at its sole discretion,
within thirty (30) days after termination serve written notice upon Tenant that such holding
over constitutes (a) creation of a month -to -month tenancy, upon the terms of this Lease except
at Base Rent multiplied by 1.5, or (b) creation of a tenancy at sufferance at Base Rent multiplied
by 1.5. In addition to such increased Base Rent, Landlord/Village shall have the right to evict
Tenant as provided for under the Illinois statutes. Finally, if the Tenant stays more than 30 days
in the Premises after this Lease has expired then the Village may pursue consequential damages
for the Tenant holding over.
If Rent, or any portion thereof, is more than 10 calendar days late then there shall be a late
charge equal to 1.5% per month (18.0% per year) of the portion of Rent that is late.
6. Personal Guarantee.
This Lease is contingent upon the Guarantor, defined in Exhibit E, executing the Guaranty of
Lease attached as Exhibit E (the "Guaranty"). Both Parties acknowledge that Village would not
enter into this Lease but for the Guarantor's execution of the Guaranty which is part of the
consideration for Village entering into this Lease.
7. Permitted Use.
The Premises shall be used by Tenant only as restaurant, lounge and bar serving the Golf
Course in a manner consistent with similarly situated Golf Courses and Tenant may serve
alcoholic beverages and have the maximum number of video gaming machines permitted
under applicable law and provide banquet services. Service shall be year-round although
seasonal service considerations will be evaluated. Seasonal coordination must be in concert
with the intentions of the Village's Director of Golf Operations who will coordinate golf outings
and banquets with Tenant. Tenant may provide off -site catering.
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It is understood that the Subject Property is a golf course and Tenant's activities shall not
unreasonably interfere with the operation of the Subject Property as a golf course.
Tenant shall be allowed access and use of the areas adjacent to the club house facilities that
will include but not be limited to patios, event tents and golf course grounds for the purposes
outlined above and for utilizing beverage carts.
8. Sales on the Golf Course.
Tenant shall have the exclusive right to provide catering services to special events that occur at
the Golf Course. Tenant shall have the exclusive right to provide food and beverage service at
the Golf Course. Landlord and Tenant will work with each other to determine the required food,
beverage and golf services for golf groups, tournaments and other large functions.
Village shall be entitled, upon fourteen (14) days written notice to Tenant, to limited possession
of the Premises and Subject Property to the exclusion of Tenant for the purpose of holding
Village activities not to exceed five (5) times per year. Such request shall not require Tenant to
cancel any events that were booked prior to the request.
Tenant may be entitled, upon fourteen (14) calendar days written notice to the Village Manager
to limited possession of the Premises and adjacent facilities to the exclusion of Village for the
purpose of holding activities related to Tenant's business including, but not limited to,
banquets, parties and similar events; provided Village shall still have access to its portion of the
club house and the golf course shall remain open to the public. Village and Tenant shall
coordinate so that the primary purpose of the Premises and Subject Property that of a golf
course, is not compromised. Such request shall not require Village to cancel any events that
were booked prior to the request. Village and Tenant shall cooperate in maintaining a calendar
for such events.
9. Cleanine Services.
Tenant shall maintain, clean and keep in good repair the interior of the Premises. Tenant shall
clean and keep in good repair all kitchen and beverage dispensing equipment (including but not
limited to walk-in coolers and freezers, ranges and stoves) and outside garbage/refuse and
storage areas. Tenant shall comply with applicable laws and ordinances that apply to the use of
the Premises as a restaurant, bar and lounge. If Tenant receives any written violations from the
Health Officer and does not take corrective action within the time limits prescribed within such
violation, then Village may correct the same and invoice Tenant for the actual costs of such
corrections.
Village shall be responsible for maintaining and cleaning all other outside areas (including
parking lots) along with those portions of the Clubhouse, as depicted on Exhibit A
("Clubhouse") and adjacent areas committed to golf play. Except for those items that are the
obligation of Tenant, Village shall maintain the Clubhouse, Common Areas and Golf Course in a
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clean, well landscaped and well maintained manner similar to comparable clubhouses and golf
courses in the area. Landlord, at Landlord's expense, shall keep in good condition and repair
the Building's roof, foundations, exterior walls (including painting), and structural condition of
interior load bearing walls of the Building, as well as the parking lots, walkways, and driveways,
all Building systems including HVAC, plumbing, electrical, gas and sewer and all glass windows
and doors.
10. Maintenance of Property.
Tenant is taking the property as -is, subject to Landlord's maintenance and repair obligations set
forth herein and Landlord's obligation to complete the Landlord's Work as provided herein, but
nevertheless has examined and knows the condition of the Premises.
Maintenance, repairs, replacement, upkeep and disposal of equipment, kitchen equipment and
furnishings will be the obligation of Tenant and done in a timely fashion. A list of Village's
kitchen equipment and furnishings is attached as Exhibit D. Prior to any replacement of
Village's kitchen equipment, Tenant must receive written approval from the Village Manager to
replace such kitchen equipment, Village's approval to replace the equipment will not be
unreasonably withheld, and any replacement kitchen equipment paid for by Tenant shall
become the property of Tenant.
Notwithstanding anything here to the contrary, Village shall be responsible for replacing the
walk-in coolers and walk-in freezers. Any replacement walk-in cooler or walk-in freezer shall
be the Village's property. A request from Tenant that the Village replace or repair
nonfunctioning walk-in coolers and walk-in freezers shall not be unreasonably withheld.
11. Alterations.
Tenant will not make any alterations or additions in or to the Subject Property or Premises
without receiving written consent from the Village, not to be unreasonably withheld or
delayed. Furthermore, Tenant shall not cause any holes, drilled or otherwise created to the
exterior of the Premises or Subject Property.
Village shall have a first right of refusal to purchase any equipment that is not a fixture upon the
termination of this Lease at its then fair market value. The fair market value of such equipment
shall be determined through a fair appraisal of such equipment by an appraiser to be retained
and paid by Village. Such appraiser shall not be denied access to perform his appraisal by
Tenant.
The Tenant shall insure that any alterations or improvements to the Subject Property or
Premises comply with the requirements of the Prevailing Wage Act (820 ILCS 130, et seq.). In
addition the Tenant shall provide to the Village all documentation required to show compliance
with the Prevailing Wage Act.
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Tenant shall have the right to install a satellite dish on the roof of the Building for the
transmittal of programming and/or music into the Premises.
12. Facility Improvements
The Village shall be solely responsible for the build -out of the Premises and shall do so in
accordance with the plans and drawings attached as Exhibit B and Exhibit B-1 hereto and
incorporated herein by this reference. Due to the need of the Village to comply with the
Prevailing Wage Act (820 ILCS 130, et seq.), Village will hire all contractors, subcontractors and
laborers who perform work on the Premises and process all receipts and invoices therefrom.
Such build -out shall be at Village's sole cost and expense.
On the date the Village has completed its work on the Premises to the point where the
Premises can be occupied and used by the Tenant for Tenant's Permitted Use (the "Date of
Substantial Completion") the Village and the Tenant shall inspect the Premises and complete
the Tenant's Certificate attached here as Exhibit F.
Tenant shall be solely responsible for and shall fully reimburse Village for any additional items
that are not depicted on Exhibit B and Exhibit B-1, any "upgrades" selected by Tenant listed in
Exhibit B-1 or the Bid Documents, change orders not a result of Village, and additional fixtures
and signs not depicted on Exhibit B-1. All improvements and fixtures completed during the
build -out described in this paragraph and depicted on Exhibits B and B-1 shall become property
of the Village and may not be removed or replaced by Tenant without prior written permission
of the Village, such written permission may be withheld at Village's sole discretion.
Tenant shall be responsible for painting the walls, window finishings and purchasing dishes,
artwork, silverware, furniture and equipment used in the operation of the restaurant. The
dishes, artwork, silverware, furniture and equipment purchased by Tenant shall remain the
personal property of Tenant. As security for Tenant's fulfillment of its reimbursement
obligations, Tenant shall deposit with Village a letter of credit in an amount not less than
$100,000 in a form reasonably satisfactory to the Village within 10 days of the Effective Date.
Village shall release the letter of credit within 60 days after the Rental Commencement Date.
Tenant and Village both anticipate the Date of Substantial Completion to be sometime before
April 1, 2017; however, if the Date of Substantial Completion occurs sometime after April 1,
2017 then Tenant's sole recourse for such delay shall be the delay in the Rental
Commencement Date and Tenant shall be owed no liquidated, consequential or other damages
due to a delay in the Date of Substantial Completion, except that in the event that the Date of
Substantial Completion does not occur on or before June 1, 2017, and such delay is not caused
by Tenant's change order(s), then Tenant may, at its option, upon written notice to Village,
request that the first 6 months Base Rent be reduced by 50%.
Notwithstanding anything here to the contrary, this Lease, and all the obligations of the Parties
hereunder, is conditioned on both Parties approving the plans that shall be attached to this
Lease as Exhibit B-1; such approval shall be documented by both Parties by executing that
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particular Plan Approval Certificate attached hereto as Exhibit G. If the Parties have not
executed this Plan Approval Certificate by January 1, 2017 then this lease shall be null and void
as if it were never executed to begin with.
13. Signs.
Tenant is responsible for new or replacement signage; provided, Tenant shall not be permitted
to install any signage, without first receiving the written approval of the Village. Any sign that
Tenant installs must comply with Village Code and must be removed by Tenant at Tenant's sole
expense upon the expiration of the Original Term, or any Extension Term. The signage
maintained by Village on Lake Cook Road is primarily intended to identify the Buffalo Grove
Golf Club. Village agrees that Tenant may place signage in the same locations as currently exist
for the tenant that occupied the Premises immediately prior to Tenant's occupancy.
14. No Unlawful Use or to Endanger Insurance.
Tenant will not make or suffer any unlawful, improper, or offensive use of the Premises or
Subject Property, or any use of occupancy thereof contrary to any law of the state or any
ordinance of the Village, State or Federal Government now or hereafter made, or which shall be
injurious to any person or property, or which shall be liable to endanger or affect any insurance
on the said Subject Property or Premises or to increase the premiums thereof.
15. Coin Operated Amusement and Vending Machines.
Tenant may maintain and keep the proceeds of coin operated amusement and vending
machines, including video gaming machines. Provided, however, that such machines must
comply with the Village's Municipal Code and Tenant must pay and maintain any licenses or
permits for the same. The machines shall be kept in the bar area only with the exception of a
jukebox, if any.
Tenant shall not have a billiard table within the Premises.
16. No Liens.
Tenant shall not create or permit to be created or to remain, and shall discharge, any lien,
encumbrance or charge caused by it or levied on account of any mechanic's, laborer's or
materialman's lien, or otherwise (collectively, a "Lien") which becomes a lien, encumbrance or
charge upon the Premises or surrounding property. Notwithstanding, if any Lien is placed on
the Premises or surrounding property, Tenant will take immediate and diligent action to
remove the Lien. If Village judges, in Village's sole discretion, that Tenant has failed to take
immediate and diligent action to remove the Lien(s) then Village shall deliver written notice to
Tenant of the same; and upon delivery of written notice Village may take any action to remove
the Lien(s) and all expenses incurred in the same shall become Rent which is immediately due.
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17. Indemnification of Village and Tenant.
Tenant covenants and agrees that it will protect, save and keep the Village forever harmless
and indemnified against and from all injuries, damages, losses, costs, and expenses imposed for
any violation of any laws or ordinances, whether occasioned by the neglect of Tenant or those
holding under Tenant or any of Tenant's agents, contractors, sub -contractors and the like.
Tenant further covenants and agrees that it will protect, save and keep the Village forever
harmless and indemnified from all injuries, damages, losses, costs, and expenses caused by acts
of negligence occurring on the Premise or surrounding area or caused by Tenant's actions or
omissions on the Premises or surrounding area; provided, however, that Tenant need not
indemnify and hold harmless Village from those acts of negligence, damages or injuries caused
solely by the negligence or willful and wanton conduct of Village.
The indemnifications and hold harmless protections provided in this section shall apply to the
Village and its elected and unelected officials, officers, employees, volunteers and agents.
Village shall indemnify and hold harmless Tenant from any negligence caused by Village or
Village's employees, contractors or agents.
18. Non -Liability of Village.
Except as provided by Illinois statute, the Village shall not be liable for any damage done or
occasioned by or from plumbing, gas, water, sprinkler, steam or other pipes or sewerage or the
bursting, leaking or running of any pipes, tank or plumbing fixtures, in, above, upon or about
Subject Property, Premises or any building or improvement thereon nor for any damage
occasioned by water, snow or ice being upon or coming through the roof, skylights, trap door or
otherwise, nor for any damages arising from acts or neglect of any owners or occupants of
adjacent or contiguous property.
19. Village's Right of Access.
Tenant shall permit the Village, its agents, representatives and mortgagees to enter the
Premises at all times for any purpose including to make any repairs necessary, provided that
when Village, its agents, representatives and mortgagees enter the Premises they shall use
reasonable efforts to mitigate any interruption to Tenant's business.
20. No Unlawful Occupancy.
Tenant shall not use or occupy, nor permit or suffer the Premises to be used or occupied for
any unlawful or illegal business, use or purpose, nor for any purpose or in any way in violation
of any federal, state or local law. Immediately upon the discovery of any such unlawful or
illegal use, Tenant shall take all necessary steps, legal and equitable, to compel the
discontinuance of such use and to oust and remove any persons guilty of such unlawful or
illegal use. Without limiting foregoing, Tenant shall forbid all forms of gambling (unless
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otherwise authorized by the Village) including card playing, betting and other wagering
activities which are deemed by Village to be not of suitable character and are prohibited from
taking place within or upon the Premises. Video gaming on -site is permissible, in accordance
with Local and State Laws.
21. "Event of Default" Defined.
Time is of the essence regarding this Lease and all of its covenants and conditions.
The following events shall be an "Event of Default" hereunder:
1. The failure of Tenant to observe or perform one or more of the terms, conditions,
covenants or agreements of this Lease and the continuance of such failure for a period
of thirty (30) calendar days after Notice from the Village specifying such failure, unless
such a shorter period to cure is identified in this Lease, unless such failure requires work
to be performed, acts to be done, or conditions to be removed which cannot by their
nature or due to an unavoidable delay reasonably be performed, done or removed, as
the case may be, within such thirty (30) calendar day period, in which case the Village
may, at the Village's option extend the time to cure the Event of Default;
2. The failure of Tenant to pay Rent, or any portion thereof, within ten (10) calendar days
of when it is due;
3. Premises shall be abandoned, deserted or vacated, closed due to health code violations,
or shall not be in the actual possession of Tenant for a period of fifteen (15) consecutive
calendar days, except in the event of making repairs and alterations or in the event of a
casualty or damage caused by an event beyond the control of Tenant ;
4. Tenant shall fail to maintain the insurance coverage, if any, as set forth herein;
5. Tenant shall use the Premises for the commission of a felony, misdemeanor or criminal
act as defined any law;
6. Any proceeding against Tenant seeking liquidation, dissolution or similar relief under
any present or future statute, law or regulation shall be commenced and not dismissed
within forty-five (45) calendar days, or any trustee, receiver or liquidator of Tenant or of
any material part of its properties shall be appointed with or without the consent or
acquiescence of Tenant and such appointment shall not have been vacated within forty-
five (45) calendar days; and
7. Tenant fails to maintain any and all permits, licenses and the like, if any, required by the
Village, State or Federal governments with regard to the Permitted Use.
8. Tenant shall violate any rules promulgated by Village or recorded as covenants on the
Subject Property, which such rules and covenants do not prohibit the use of the
Premises for the Permitted Use.
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A waiver by Village of any Event of Default shall not be a waiver of the same Event of Default or
another Event of Default.
Upon an Event of Default, the Village shall have the option to either to terminate this Lease
altogether or terminate possession for Tenant alone while keeping this Lease in full force and
effect. In addition, Village may re-enter the Premises of any part hereof, with or (to the extent
permitted by law) without notice or process of law, and remove Tenant or any persons
occupying the Premises, without prejudice to any remedies which might otherwise be used for
past due Rent, repairs and the like, and Village shall have the right to distrain for Rent and other
expenses due. Tenant shall pay and discharge all costs, attorney's fees and expenses that shall
be caused by a default by Tenant.
22. Acceleration and Confession of Judement.
If Tenant defaults then Village is authorized to appear in any court of record and confess
judgment against Tenant in favor of Village. The confession of judgment may be without notice
and process and for any amount due to the Village in this Lease including, but not limited to,
Base Rent, Percentage Rent, Additional Rent, other sums due under this Lease and past due
sums that have accrued in any lease between the Parties. The confession of judgment will be in
addition to other remedies available to Village.
23. Use Requirements of Village.
During the Term of the Lease, as extended by each Extended Term, if applicable, Village shall
maintain reasonable hours of operation appropriate for a public golf course, as determined by
the Village in its sole and reasonable discretion. Further, Tenant recognizes and understands
the Golf Course's hours of operation will fluctuate and be influenced by maintenance to the
Golf Course (such as green, tee box and fairway replacement), by the season (where the Golf
Course will close during snow seasons) or by weather related conditions (such as flooding and
extreme winds).
24. Rights Reserved to Village.
Village shall have the following rights, each of which Village may exercise without liability to
Tenant for damage or injury to property, person, or business due to the exercise of these rights,
and the exercise of these rights shall not be deemed to constitute an eviction or disturbance of
Tenant's use or possession of the Premises and shall not give rise to any claim for setoff,
deduction, or abatement of Rent or any other claim:
1. To change the name and/or street addresses of the Premises, the Subject Property and the
golf club only after not less than ninety (90) days prior notice is delivered to Tenant.
2. Intentionally Deleted.
3. To relocate, enlarge, reduce, or change lobbies, exits, or entrances in or to the Premises and
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to decorate and to make repairs, alterations, additions, and improvements, structural or
otherwise, in or to the Premises, the building or surrounding property, and Village may
temporarily close public entryways, other public spaces, stairways, or corridors and interrupt or
temporarily suspend any services or facilities agreed to be furnished by Village, all without such
action constituting an eviction of Tenant in whole or in part and without abatement of Rent by
reason of loss or interruption of the business of Tenant or otherwise and without in any manner
rendering Village liable for damages or relieving Tenant from performance of Tenant's
obligations under this Lease, and if Tenant desires to have any such work done during other
than ordinary business hours, Tenant shall pay all overtime and additional expenses resulting
therefrom.
4. To retain at all times, and to use in appropriate instances, keys to all doors within and into
the Premises. Tenant agrees to purchase only from Village additional duplicate keys as
required, to change no locks, and to affix no locks on doors without the prior written consent of
Village. No duplicate keys shall be made; all extra keys will be furnished by Village at Tenant's
expense. If the keys provided to Tenant shall be lost or any locks damaged, Tenant shall be
liable for the cost of replacement or repair. Notwithstanding the provision for Village's access
to the Premises, Tenant relieves and releases Village of all responsibility and liability arising out
of theft, robbery, or pilferage. Upon the expiration of the Original Term, or Extension Term as
applicable, or of Tenant's right to possession, Tenant shall return all keys to Village and shall
disclose to Village the combination of any safes, cabinets, or vaults left in the Premises.
5. To approve the weight, size, and location of safes, vaults, books, files, and other heavy
equipment and articles in and about the Premises so as not to exceed the design live load per
square foot designated by the structural engineer of Village, and to require all such items and
furniture and similar items to be moved into or out of the Premises only at times and in a
manner as Village shall direct in writing. Tenant shall not install or operate machinery or any
mechanical devices of a nature not directly related to Tenant's ordinary use of the Premises
without the prior written consent of Village. Movement of Tenant's property into or out of the
Premises and within the Premises is entirely at the risk and responsibility of Tenant, and Village
reserves the right to require permits before allowing any property to be moved into or out of
the Premises.
6. To establish controls for the purpose of regulating all property and packages, personal or
otherwise, to be moved into or out of the Premises and to establish controls for all persons
using the Premises.
7. To grant to anyone the exclusive right to conduct any particular business or undertaking in
the Premises.
8. To regulate delivery and type of supplies and services in order to ensure the cleanliness and
security of the Premises and to avoid congestion of the loading docks and receiving areas.
9. To show the Premises to prospective tenants at reasonable hours during the last 6 months of
the Original Term and Extension Term or to prospective mortgagees, ground lessors, or
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purchasers of the golf club at any time and, if vacated or abandoned, to show the Premises to
prospective tenants at any time and to prepare the Premises for re -occupancy.
10. To erect, use, and maintain concealed pipes, ducts, wiring, and conduits and appurtenances
thereto, in and through the Premises in walls, below the floor, and above the suspended ceiling.
11. To enter the Premises at any reasonable time to inspect the Premises.
25. No Rent Deduction or Set Off.
Tenant agrees that any claim by Tenant against the Village, whether arising out of this Lease,
the Subject Property, the Premises or otherwise, shall not be deducted from or set off against
any and all rent owed in this Lease.
26. Quiet Enjoyment.
As long as Tenant is not in default hereunder, then, subject to the other terms and conditions of
this Lease, Tenant shall not incur any manner of hindrance or interference with its quiet
enjoyment, possession, and use from Village, subject to the provisions of this Lease and to the
provisions of any (a) easements, licenses, covenants, conditions, and restrictions of record,
including without limitation, any and all reciprocal easement agreements, development
agreements, declarations of covenants, conditions, and restrictions of record, as the same may
be amended or modified from time to time, and (b) any mortgage, ground lease or other lien,
or restriction of record to which this Lease is subordinate or may be subordinated (collectively
"Superior Encumbrances"). In any case, this Lease shall be subordinate to each of the Superior
Encumbrances, and Tenant agrees for itself and all persons in possession or holding under it
that it and they will comply with and not violate each such Superior Encumbrance. Village
reserves the right, from time to time, to grant such new or additional easements, rights, and
dedications as Village deems necessary or desirable and to cause the recordation of parcel
maps and covenants, conditions, and restrictions affecting the Premises. At Village's request,
Tenant shall join in the execution of any of the aforementioned documents.
27. Intentionally Omitted
28. Rent After Notice or Suit.
It is further agreed, by the Parties hereto, that after the service of notice, or the
commencement of a suit or after final judgment for possession of the Premises, Village may
receive and collect any rent due, and the payment of said rent shall not waive affect of said
notice, said suit, or said judgment.
29. Payment of Costs.
In any lawsuit or proceeding over this Lease or Premises, the prevailing party shall collect from
the non -prevailing party all costs (including attorneys' fees, paralegals' fees and court costs)
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that were incurred by the prevailing party in such lawsuit or proceeding.
30. Rights Cumulative.
The rights and remedies of Village under this Lease are cumulative. The exercise or use of any
one or more thereof shall not bar the Village from exercise or use of any other right or remedy
provided herein or otherwise provided by law, nor shall exercise nor use of any right or remedy
by Village waive any other right or remedy.
31. Fire and Casualty.
In the case the Premises shall be rendered untenantable during the term of this Lease by fire or
other casualty not the fault of Tenant, Village at its option may terminate the Lease or offer a
suspension of Tenant's obligation to pay Rent until such time as the Premises is repaired.
Village shall notify Tenant of its decision within fourteen (14) calendar days of the date upon
which the Subject Property was rendered untenantable. If Village elects to repair, this Lease
shall remain in effect provided such repairs are completed within sixty (60) calendar days, with
Tenant's payment obligations suspended until repairs are completed. If Village shall not have
repaired the Premises within sixty (60) calendar days then Tenant may terminate this Lease
with neither party owing the other any further obligations. If this Lease is terminated by reason
of fire or casualty as herein specified, Rent shall be apportioned and paid to the day of such fire
or other casualty.
32. No Waiver.
No failure by Village to insist upon the strict performance of any covenant, agreement, term or
condition of this Lease or to exercise any right or remedy consequent upon a breach thereof
shall constitute a waiver of any such breach or of such covenant, agreement, term or condition.
No covenant, agreement, term or condition of this Lease shall be waived or modified except by
a written instrument executed by the Parties.
33. Warranties and Representations.
Each Party hereto warrants and represents to the other Party that (a) it has full power and
authority to execute and deliver this Lease and (b) the execution of this Lease will not violate or
constitute a default on its part under any agreement to which it is a party or by which it is
bound.
34. Notices.
All notices, demands, requests, consents, approvals and other communications required or
permitted to be given hereunder (a "Notice") shall be in writing and shall be deemed effective
three (3) business days after mailing if mailed by certified mail with return receipt requested
and immediately if served personally. All Notices shall be sent or delivered as follows:
If to Village: Village of Buffalo Grove
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50 Raupp Boulevard
Buffalo Grove, IL 60089
ATTN: Village Manager
If to Tenant: Mr. Salvatore Cardone
c/o Mambo Italiano Ristorante
748 S. Butterfield Road
Mundelein, IL 60060
35. Captions.
The captions of this Lease are for convenience of reference only and in no way define, limit or
describe the scope or intent of this Lease nor in any way affect this Lease.
36. Entire Agreement.
This Lease contains all the promises, agreements, conditions, inducements and understandings
between the Village and Tenant relative to the Premises and Subject Property, and there are no
promises, agreements, conditions, understandings, inducements, warranties or
representations, oral or written, expressed or implied, or concessions as defined by 765 ILCS
730 et seq. between them other than as set forth in this Lease.
37. Invalidity of Certain Provisions.
If any term or provision of this Lease or the application thereof shall be invalid or
unenforceable, the remainder of this Lease shall not be affected thereby, and each term and
provision of this Lease shall be valid and enforceable to the fullest extent permitted by law.
38. Governing Law, Jurisdiction and Venue.
The parties agree that Illinois Law shall control the interpretation and enforcement of this
Lease, the exclusive venue for claims brought under this Lease shall be the Circuit Court of Cook
County and the Parties hereby submit to the jurisdiction of such Circuit Court.
39. Sublet, Assignment.
Tenant shall not transfer; assign; sublet; enter into any franchise, license, or concession
agreements; change ownership or voting control; mortgage; encumber; pledge; or hypothecate
all or any part of this Lease, Tenant's interest in the Premises, or Tenant's business (collectively
"Transfer") without first obtaining Village's written consent, which may be withheld for any
reason or no reason. Any transferee after a Transfer (a "New Tenant") shall be liable, jointly
and severally, for all obligations under this Lease. It shall be a Transfer if Tenant allows any
vendor to market any service or product at the Subject Property or Premises.
Any Transfer other than as permitted in this section shall be null and void. Any guaranty of this
Lease shall remain in full force and effect before and after any Transfer; provided, however,
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that Village may, at its option, require each guarantor under any outstanding guaranty of this
Lease to reaffirm such guaranty as a condition to giving its consent to any Transfer.
40. Authorized Representative/General Manager.
The only authorized agent of the Village shall be the Village Manager, unless so noted in this
Lease. The authorized agent(s) for Tenant shall be Salvatore Cardone.
41. Amendment.
This Lease may be amended only in writing with approval of the Village and Tenant.
42. No Recording.
The Parties agree that this Lease shall not be recorded with Recorder of Deeds in the county
where the Premises are located.
43. Counterparts.
This Lease shall be executed by the Parties in any number of counterparts, each of
which shall be deemed an original, but all of which together shall constitute an original
instrument.
44. Environmental Matters.
"Environmental Law or Laws" shall mean any and all federal, state, or local laws, regulations,
ordinances, rules, orders, directions, requirements, or court decrees pertaining to health,
industrial hygiene, or the environmental conditions on, under, or about the Subject Property,
including, without limitation, the Resource Conservation and Recovery Act of 1976 ("RCRA"), 42
U.S.C. §6901, et seq., as amended, and regulations promulgated thereunder; the
Comprehensive Environmental Response, Compensation, and Liability Act of 1980 ("CERCLA"),
42 U.S.C. §9601, et seq., as amended, and regulations promulgated thereunder; the Hazardous
Materials Transportation Act, 49 U.S.C. §5101, et seq., as amended, and regulations
promulgated thereunder; the Toxic Substances Control Act, 15 U.S.C. §2601, et seq., as
amended, and regulations promulgated thereunder; the Federal Insecticide, Fungicide, and
Rodenticide Act, 7 U.S.C. §136, et seq., as amended, and regulations promulgated thereunder;
the Federal Water Pollution Control Act ("Clean Water Act"), 33 U.S.C. §1251, et seq., as
amended, and regulations promulgated thereunder; the Safe Drinking Water Act of 1974, 42
U.S.C. §300f, et seq., as amended, and regulations promulgated thereunder; the Oil Pollution
Act of 1990, 33 U.S.0 §2701, et seq.; as amended, and regulations promulgated thereunder; the
Clean Air Act, 42 U.S.C. §7401, et seq., as amended, and regulations promulgated thereunder;
the Emergency Planning and Community Right -to -Know Act of 1986, 42 U.S.C. §11001, et seq.,
as amended, and regulations promulgated thereunder; and all parallel, similar, or relevant
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"Hazardous Materials" shall mean any (i) "hazardous waste" as defined in RCRA; (ii) "hazardous
substance" as defined in CERCLA; (iii) petroleum or liquid petroleum or wastes; and (iv) any
other toxic or hazardous substances that may be regulated from time to time by applicable
Environmental Laws.
Tenant shall defend, indemnify and hold Village and its agents harmless from and against any
claims, demands, penalties, fines, liabilities, settlements, damages, costs or expenses (including
without limitation, attorneys' and consultants' fees, court costs and litigation expenses) of
whatever kind resulting from the presence, disposal or release of Hazardous Materials or
violation of any Environmental Laws caused by Tenant, Tenant's agents, contractors and
subcontractors.
45. Insurance Requirements.
Tenant shall maintain all insurance as provided for in Exhibit C. Any insurance acquired under
Exhibit C will list the Village as an additional insured and loss payee and that Village will receive
a notice thirty (30) calendar days prior to the expiration of the policy. If, at any time, Tenant
fails to maintain the insurance required by Exhibit C, such failure shall constitute an Event of
Default and Village shall have the right to obtain such insurance on behalf of Tenant, in which
case the Tenant shall reimburse Village for the cost of such insurance.
Village shall maintain general liability insurance in an amount not less than $2,000,000 and
covering the Subject Property. Village shall list Tenant as an additional insured under its
insurance policy.
46. Subordination.
This Lease is subject and subordinate to all present and future ground leases, underlying leases,
liens or mortgages now and after this date in force against the Subject Property and to all
renewals, modifications, consolidations, replacements, and extensions of such ground leases,
underlying leases, liens and mortgages. While the provisions of this section are self-executing,
Tenant agrees to promptly execute any further instruments as shall be requested by Village in
confirmation of such subordination.
47. Estoppel Certificates.
Tenant shall execute within five (5) business days of being sent the same by Village, an estoppel
certificate acknowledging, amongst other things: (a) this Lease is in full force and effect and has
not been modified except as represented by Village; (b) there are no uncured defaults in
Village's performance hereunder; and (c) the remaining term of this Lease. Tenant agrees that
the foregoing estoppel certificate may be relied on by anyone holding or proposing to acquire
any interest in the Subject Property from or through the Village, including any prospective
mortgagee.
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48. Brokers.
Village and Tenant both covenant and agree that no broker, finder or other person have been
used in this transaction and that both Parties shall hold harmless and indemnify the other from
any claim of any broker under this Lease.
49. No Accord and Satisfaction.
No payment by Tenant, or receipt by Village, of a lesser amount than the rent or other
payments due herein provided shall be deemed to be other than on account of the earliest rent
or other payment due and payable hereunder, nor shall any endorsement or statement on any
check, or letter accompanying any check or payment, as rent or other payment be deemed an
accord and satisfaction. Village may accept any such check or payment without prejudice to
Village's right to recover the balance of such rent or other payment or pursue any other right or
remedy provided in this Lease.
50. Relationship.
Nothing contained in the Lease shall be deemed or construed by the parties or by any third
person to create the relationship of principal and agent, partnership, joint venture, or any
association between Village and Tenant other than that of landlord and tenant.
51. Intentionally Deleted.
52. Conflict of Interest.
Tenant represents and certifies that, to the best of its knowledge, (1) no Village employee or
agent is interested in the business of Tenant or this Lease; (2) as of the date of this Lease
neither Tenant nor any person employed or associated with Tenant has any interest that would
conflict in any manner or degree with the performance of the obligations under this Lease; and
(3) neither Tenant nor any person employed by or associated with Tenant shall at any time
during the term of this Lease obtain or acquire any interest that would conflict in any manner
or degree with the performance of the obligations under this Lease.
53. No Collusion.
Tenant represents and certifies that (1) Tenant is not barred from contracting with a unit of
state or local government as a result of (a) a delinquency in the payment of any tax
administered by the Illinois Department of Revenue unless Tenant is contesting, in accordance
with the procedures established by the appropriate revenue act, its liability for the tax or the
amount of the tax, as set forth in 65 ILCS 5/11-42.1-1 et seq.; or (b) a violation of either Section
33E-3 or Section 33E-4 of Article 33E of the Illinois Criminal Code of 1961, 720 ILCS 5/33E-1 et
seq.; and (2) this Lease is made by Tenant without collusion with any other person, firm, or
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corporation. If at any time it shall be found that Tenant has, in procuring this Lease, colluded
with any other person, firm, or corporation, then Tenant shall be liable to Village for all loss or
damage that Village may suffer, and this Lease shall, at Village's option, be null and void.
54. Sexual Harassment Policy.
Tenant certifies that it has a written Sexual Harassment Policy in full compliance with 775 ILCS
5/2-105(A)(4) and it is in compliance with the Illinois Drug Free Workplace Act (30 ILCS 580/2).
(Signature Page Follows)
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IN WITNESS WHEREOF, the Parties hereto have caused this Lease to be executed as of the
Effective Date.
Village of Buffalo Grove,
an Illinois Municipal Corporation
Bv:
Name: Dane Bragg
Title: Village Manager
Date:
[INSERT TENANT'S NAME],
An Illinois limited liability company
By:_
Name:
Title:
Date:
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EXHIBIT A
PREMISES
rwr
Redo diagonal lines in the box to start at bottom left to top right.
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EXHIBIT B
FACILITY IMPROVEMENTS PLANS
For all the below work, any finishing, equipment and materials will be of the standard, kind
and quality required for a first-class restaurant and bar at a golf facility as determined by
the Village in the Village's sole but reasonable discretion.
Kitchen Remodeling:
1. Remove and replace kitchen equipment;
2. Remove existing quarry tile flooring to subfloor;
3. Install new flooring;
4. Relocate air compressor for the walk-in refrigerator; and
5. Remove existing bathroom/toilet room in the kitchen and cap the existing plumbing
therefore.
HVAC
1. Replace existing unit.
Plumbing
1. Re -line existing collapsed sanitary line; and
2. Provide new exterior sanitary line from new bar area to grease trap.
Bar
1. Demolish and remove the existing bar; and
2. Build new bar along west wall.
Restaurant
1. Remove existing flooring all the way to the subfloor;
2. Repair subfloor if necessary or if any cracks;
3. Remove dividing wall separating the private party room;
4. Remove existing screen on the skylights and tint same;
5. Remove and replace all lighting; and
6. Remove and replace ceiling tiles and grid.
Common Bathrooms
1. Remove and replace floor tiles, wall tiles and ceiling grid or tiles;
2. Remove and replace toilets, sinks and faucets;
3. Remove and replace bathroom counters; and
4. Remove and replace toilet partitions and doors.
The above work is more thoroughly detailed in the plans drawn by JTS Architects and
dated December_, 2016.
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EXHIBIT B-1
PLANS DRAWN BY JTS ARCHITECTS AND DATED
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EXHIBIT C
INSURANCE REQUIREMENTS
Tenant releases Village from any and all liability or responsibility for any loss or damage
covered by the insurance provided in this Exhibit C. Further, Village shall not be responsible for
any damage occasioned, amongst other things, by bursting, stopping, leaking or running of any
systems, facilities or pipes in or about the Subject Property, and Tenant agrees that all property
kept at the Premises is so kept at the risk of Tenant. Tenant shall require their respective
insurance companies to include a standard waiver of subrogation provision in their respective
policies.
During the Term, or Extension Term if applicable, Tenant shall maintain the following insurance
in the following amounts:
A. Worker's Compensation at the required statutory levels;
B. Dram Shop ($1,000,000); and
C. General Liability ($1,000,000/$2,000,000 bodily injury and property damage).
Village shall provide fire and extended coverage on the building and its contents which
insurance policy shall contain a waiver of subrogation against Tenant. Tenant shall pay Village
the cost, if any, of said waiver of subrogation endorsement on a pro -rated basis.
Tenant will be responsible for providing its own insurance to cover its equipment and
inventory. Evidence of such insurance shall be provided to the Village.
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EXHIBIT D
VILLAGE'S FURNISHINGS AND EQUIPMENT
The following represents an inventory of current equipment and furnishings at the Buffalo
Grove Golf Club owned by the Village and dedicated to food and beverage service:
Cooking Equipment
Description
Location
Refrigeration/Freezer
Description
Location
Hobart Walk in Refrigerator #1
Kitchen - Prep Area
Hobart Walk in Refrigerator #2
Kitchen - Prep Area
Hobart Walk in Freezer #1
Kitchen - Prep Area
Harford Walk in Refrigerator #3
Outside back door
Kitchen Equipment
Description
Location
Dishwashing Sink (U shaped)
w/Hobart Dishwasher
Kitchen - Dishwashing Area
Exhaust Hood
Kitchen - Cook Line
Misc. Equipment
Description
Location
Built in Bar
Bar Area
Monument Signage
Front Entrance
Signage
Lake Cook and Raupp
no
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EXHIBIT E
GUARANTY OF LEASE
This Guaranty of Lease ("Guaranty") is made and signed on the day of December, 2016 by
("Guarantor"), who is the of , to and in favor of the
Village of Buffalo Grove, Illinois, an Illinois Municipal Corporation ("Village").
WHEREAS, ("Tenant") desires to rent from the Village some property on the terms
and conditions of that particular Lease for executed between Tenant and Village, dated
("Lease"), the Lease being incorporated herein by reference;
WHEREAS, Village has required Guarantor to execute this Guaranty as a condition to and in
consideration for Village entering into the Lease with Tenant, and Village would not enter into the Lease
if this Guaranty was not executed; and
WHEREAS, Guarantor, as the of Tenant, will derive direct or indirect benefit from
Village entering into the Lease with Tenant.
NOW, THEREFORE, in order to induce Village to enter into the Lease and for other good and
valuable consideration, the undersigned Guarantor agrees as follows:
1. Guarantor absolutely, unconditionally, and irrevocably guarantees to Village (a) the
prompt payment of a total of $165,000.00 in Base Rent, Percentage Rent and Additional Rent payments
over term, whether Original Term or Extension Term, and payment of the build -out costs described in
Section 12 of the Lease and all other sums and charges payable by Tenant under the Lease ("Payment
Obligations"), and (b) the full and timely performance of the Lease's covenants, terms, conditions, and
agreements that are to be performed and faithfully observed by Tenant ("Performance Obligations",
which, together with the Payment Obligations collectively from time to time hereinafter are referenced
as the "Obligations").
2. In the event of a default by Tenant under the Lease, Guarantor hereby covenants,
warrants, promises, and agrees with Village (a) to make the prompt payment of the remainder of the
Tenant's Payment Obligations; (b) to perform promptly and fully the Performance Obligations that
Tenant has agreed to perform and carry out; and (c) to indemnify Village and to hold Village harmless
from any loss, costs, or damages arising out of any failure by Tenant to pay or perform any Obligation,
including, but not limited to, the payment of Village's attorneys' fees, court costs, and any other cost of
performance or collection. This Guaranty is a continuing guaranty of payment and performance to and
through the final termination of the Lease. This Guaranty is not conditional or contingent on any
attempt by Village to collect from Tenant or on any other condition or contingency.
3. Guarantor waives any requirement that Village first (a) proceeds against Tenant, (b)
pursue any rights or remedies with respect to the Lease, (c) proceed against or exhausts any security or
lien that Village holds from Tenant, or (d) pursue any other remedy. Guarantor acknowledges that
Village has the right herein to enforce this Guaranty even if Village may accept additional security from
Tenant and even if the terms, conditions, and agreements of the Lease may be modified or altered after
the Effective Date of the Lease.
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4. Guarantor waives and releases (a) any right of setoff, counterclaim, deduction, or credit
against amounts that are due under this Guaranty, (b) notice of the acceptance of this Guaranty, (c)
notice of Tenant's default, and (d) the right to interpose all substantive and procedural defenses of the
law of guaranty, indemnification, and suretyship. Guarantor retains the right to advance the defenses of
prior payment or prior performance.
5. The liability of Guarantor under this Guaranty is not waived, released, discharged,
impaired, or affected by (a) any waiver or failure to enforce or delay in enforcing any of the Obligations,
(b) extending applicable time frames to the Tenant, (c) the assignment of the Lease or the subletting of
the property by Tenant, with or without Village's consent, (d) the end of the Lease term, (e) Tenant's
holding over of the premises, (f) any merger, reorganization, release, or discharge of Tenant or any
other guarantor in any voluntary or involuntary receivership, bankruptcy, or creditors' proceedings, (g)
the rejection of the Lease by any party in any action or proceeding, including bankruptcy and insolvency
proceedings, (h) the release of any collateral or security held for the Obligations, (i) the release of any
one Guarantor, if there is more than one guarantor, and (j) any defect or invalidity of the Lease or
failure of the Tenant to occupy the Premises. The liability of Guarantor is not waived or released by
Village's repossessing, reentering, or re -letting the Premises. Village promises to the Guarantor that it
will use efforts required by law to mitigate any damages caused by Tenant's failure to honor fully the
terms of the Lease.
6. Guarantor's liability is not released by any modification or amendment to the Lease; nor
is Gaurantor's liability conditioned upon Tenant entering the Premises.
7. Guarantor promises prompt payment of Village's reasonable attorneys' fees, costs, and
expenses incurred in collecting or attempting to collect on this Guaranty, whether or not litigation was
utilized or completed. All of Village's rights and remedies under this Guaranty are cumulative and may
be exercised singly or concurrently.
8. This Guaranty remains in full force and effect from the date above until all Obligations
have been paid or performed to the reasonable satisfaction of Village. While any promises or obligations
remain unfulfilled by Tenant, the Guarantor waives any right to enforce any remedy that the Guarantor
now or hereafter shall have against Tenant.
9. This Guaranty of Lease may not be changed, modified, discharged, or terminated orally
or in any manner other than by a written agreement signed by the Guarantor and Village.
10. This Guaranty shall terminate and be of no other effect upon the death of the
Guarantor.
11. The singular herein shall include the plural and the use of any gender shall include all
genders or neuter as the case may be.
12. This Guaranty is entered into in the State of Illinois and shall be governed by and
construed in accordance with the laws of the State of Illinois. Any legal matters or dispute shall be
resolved in the Circuit Court of where the Subject Property is located.
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9.G.d
13. If Guarantor consists of more than one person or entity, the liability of each person or
entity is joint and several and all Obligations hereunder are the joint and several obligations of each
Guarantor.
14. Required notices under this Guaranty, if any, shall be delivered by certified mail, return
receipt requested, to the addresses of the parties as set forth in Section 34 of the Lease. For sake of
clarification, any notice needing to be sent to the Guarantor(s) shall be sent to the Tenant; Any notice
sent to the Tenant shall be deemed also sent to the Guarantor(s).
15. If any provision of this Guaranty or the application thereof to any person or circumstances shall, for
any reason and to any extent, be invalid or unenforceable, the remainder of this Guaranty and the application of that
provision to other persons or circumstances shall not be affected but rather shall be enforced to the maximum extent
permitted by law. This Guaranty shall be construed without regard to any presumption or other rule requiring
construction against the party causing this Guaranty to be drafted.
IN WITNESS WHEREOF, this Guaranty is executed and delivered on the date set forth below
Guarantors
Notary Public
Notary Expiration Date
Village
Village of Buffalo Grove,
an Illinois Municipal Corporation
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Dane Bragg, Village Manager
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9.G.d
EXHIBIT F
TENANT'S CERTIFICATE
[to be completed upon Substantial Completion]
[Tenant Name]
RE: TENANT'S CERTIMATE
To the Village of Buffalo Grove:
This Tenant's Certificate ("Certificate") is made in compliance with that particular lease executed
between [Tenant's Name] ("Tenant") and the Village of Buffalo Grove ("Village") with an Effective
Date of day of , 2016 ("Lease"). All capitalized terms in this Certificate that are not defined
herein shall have the same meaning as they do in the Lease.
Tenant hereby certifies to Village that:
I. Village has substantially completed the build -out of the Premises in compliance with Exhibit B
and Exhibit B-1 of the Lease as of / /2017 which, in accordance with the Lease, is the Date
of Substantial Completion;
2. The Rental Commencement Date shall be the earlier of the date Tenant opens for business or
/ /2017, one month after the Date of Substantial Completion;
3. Notwithstanding the Rental Commencement Date, the Term Expiration Date is unchanged and
the Original Term of this Lease ends 11:59 P.M. on December 31, 2021; and
4. Notwithstanding anything to the contrary herein, the Village is still responsible for completing the
following items (the "Punch List"):
a.
b.
C.
d.
e.
f.
9.
h. ; and
5. That Tenant has inspected the Premises and states that Village, its contractors, subcontractors and
the like have completed their work, except for the Punch List items, in a good and workmanlike
manner and that there are no defects, patent or latent, in the work; and
6. Tenant shall commence occupancy of the Premises, if they have not already done so, within 7
calendar days of the Date of Substantial Completion; and
7. Tenant is operating the Premises under the name ; and
8. Tenant shall reimburse Village up to $100,000 for the build -out of the Premises in accordance
with the terms of the Lease; and
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9. That except for the Punch List items, all obligations, commitments, payments, repairs,
inducements and conditions under the Lease to be performed by Village have been satisfied, free
of defenses and set -offs; and
10. There is no existing default or unfulfilled obligations on the part of the Village in any of the terms
or conditions of this Lease, and no event has occurred or conditions exist which with the passing
of time or giving notice or both would constitute an event of default; and
11. Tenant claims no offsets, set -offs, rebates, adjustments, concessions, abatements or defenses
against or with respect to Rent.
That the above matters are true and correct.
WITNESS:
By:
Name:
Title:
WITNESS:
By:
Name:
Title:
ACCEPTED BY VILLAGE:
WITNESS:
By: _
Name:
Title:
TENANT:
By:
Name:
Title:
GUARANTOR:
By:
Name:
Title:
VILLAGE:
By:
Name: Dane Bragg
Title: Village Manager
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9.G.d
EXHIBIT G
PLAN APPROVAL CERTIFICATE
This Plan Approval Certificate ("Certificate") is made as part of that particular lease executed between
[Tenant's Name] ("Tenant") and the Village of Buffalo Grove ("Village") with an Effective Date of
day of , 2016 ("Lease").
Tenant and Village hereby agree that Exhibit B-1 shall be updated to incorporate the plans created JTS
Architects dated 2016, [INSERT JOB NUMBER/FILE NUMBER AND VERSION IF
APPLICABLE] ("Plans"). For the exception of the update to Exhibit B-1, both Parties agree that the
Lease is in full force and effect.
VILLAGE:
By: _
Name:
Title:
TENANT:
By:
Name: Dane Bragg
Title: Village Manager
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