08/28/2013 Committee of the Whole Agenda Packet

 CITY COUNCIL COMMITTEE OF THE WHOLE MEETING AUGUST 28, 2013|6:00 PM CITY COUNCIL CHAMBERS Call to Order Roll Call Approval of Minutes of Previous Meeting ‐ August 14, 2013 Special Presentations and Reports A. PACE I‐90 Market Expansion Project Presentation
B. Legislative Update ‐ Dan Shomon
Initiatives and Other Items C. Consideration of Agreement with Northern Illinois University for an Internship Program ($38,642) Objective: Provide interns with valuable and relevant work experience and afford the city with the services of the next generation of professionals at an extremely reasonable cost. D. Consideration of Consulting Services Agreement with JJR SmithGroup for Americans with Disabilities Act Improvements to the Sports Complex Softball Fields ($24,500) Objective: Execute improvements to the Sports Complex softball fields to comply with the Americans with Disabilities Act and to make the fields handicap accessible for all residents and guests. E. Consideration of Amendment No. 1 with Christopher B. Burke Engineering, Ltd. to Add Construction Administration Engineering Services for 2013 Street Resurfacing Project ($87,292) Objective: Ensure quality infrastructure and strengthen the city’s neighborhoods by administrating the construction of a street resurfacing project. F. Consideration of Sales Tax Sharing Agreement with Butera Market (Net Revenue Generation) Objective: Generate additional sales tax and other revenue through the establishment of a grocery store within a challenged retail center located in the city’s northwest quadrant which has been devoid of a grocery store for a decade. COMMITTEE OF THE WHOLE AGENDA August 28, 2013 G. Consideration of Demolition Assistance Related to the Property at 212 Dundee Street ($29,700) Objective: Enhance the opportunity for retail development in the downtown. Announcements from Council Announcements from Staff Executive Session I. Appointment, Employment, Compensation, Discipline, Performance or Dismissal of Specific Employees of the Public Body ‐ Exempt Under Section 120/2(c)(1) of the Open Meetings Act Adjournment PLEASE NOTE: The City of Elgin is subject to the requirements of the Americans with Disabilities Act of 1990. Individuals with disabilities who plan to attend this meeting and who require certain accommodations in order to allow them to observe and/or participate in this meeting, or who have questions regarding the accessibility of the meeting or the facilities, are requested to contact the Human Resources Department at (847) 931‐6076 or TT/TDD (847) 931‐5616 promptly to allow the City of Elgin to make reasonable accommodations for those persons. 2 Special Presentation and Reports A
PACE MARKET EXPANSION PROJECT
PRESENTATION
I-90 Market Expansion Project
Elgin Council Board Meeting
August 28, 2013
Pace Expressway Based Service
• 2011 Pace implemented
bus on shoulder
operations on I-55
• Visibility on corridor
increased
• Ridership increased
dramatically
• On time performance
improved
I-90 Background
•
•
•
•
•
Population : 760,113
Employment : 485,170
The corridor generates 13% of the region’s daily work trips
57% of Chicago CBD’s work trips are made by transit
Currently, 2% of the I‐90 corridor’s work trips are made by transit
• 1 bus can take 35 cars of the road
• For every mile traveled on public transit, riders produce 95% less carbon
dioxide than driving.
2010 vs. 2040 I-90 Demographic Trends
Population
Households
Randall
IL‐25
Barrington
2010 145,094
171,989 184,047
2040
218,490 222,761
215,621 % Change
51%
30%
17%
Randall
IL‐25
Barrington
2010 49,327
57,659
64,619
2040
74,248
74,887
75,640
% Change
51%
30%
17%
NWTC
258,983 304,891
18%
NWTC
100,575
116,469
16%
Total 760,113
961,763
27%
Total 272,180 341,244
25%
Employment
Retail Employment
Randall
IL‐25
Barrington
2010 66,419 80,368 84,882 2040
114,178
126,019
104,114
% Change
72%
57%
23%
NWTC
253,502 283,144
Total 485,170
627,455
Source: U..S. Census, CMAP & APTA
12%
Randall
IL‐25
Barrington
NWTC
2010 6,757 8,032 10,219 18,854 2040
23,337 33,588 33,689 55,984 % Change
245%
318%
230%
197%
29%
Total 43,862 146,598
234%
Golf Road
Mount Prospect Road
Elmhurst Road
Arlington Heights Road
IL‐ 25
IL‐ 59
606
Northwest Transportation Center
CTA Blue Line
616
Randall Road
Prairie Stone
Barrington Road
Existing I-90 Services
O’Hare Airport
Touhy Avenue
Rosemont
Ridership on Existing Services
610
Avg. Daily Riders
(Q1 2013)
Route #
Description
600
606
610
NWTC to Rosemont
Rosemont to NWTC
Rosemont CTA to Prairie Stone
Rosemont CTA to the
Chancellory
616
Approx. Total Daily Ridership
193
1,697
422
218
610
2,530
616
616
610
606
Vanpools on I-90
Currently, 82 vanpools
utilize the I-90 Corridor
serving locations:
•
•
•
•
•
Prairie Stone
Woodfield
O’Hare
Elgin
Rockford
Expanded Services: System Concept
Palatine
Carpentersville
Dundee Road
NWTC
(Woodfield)
616
Barrington Road
Elgin
Transportation Center
IL‐ 59
Golf Road
Des Plaines
Oasis
CTA Blue Line
O’Hare Airport
Touhy Avenue
Addison
Mount Prospect Road
Elmhurst Road
606
608
Big Timber Road
543
550
IL‐ 25
604
Randall
Road
Prairie Stone
Rosemont
33 Temporary Spaces
607
605
607
605
607
605
I-90 Ridership Projections
Existing
Weekday
Ridership
Projected
Weekday
Ridership % Change
Fixed Route Services
600
604
605
606
607
608
610
616
193
--1,697
--422
218
500
400
580
1,781
500
350
801
230
159%
--5%
--90%
5%
609
611
612
----
112
130
125
----
Weekday Ridership
2,530
5,509
120%
Call n Ride Services
•
•
2,530 weekday riders in the corridor today
Upon full expansion, weekday riders in the corridor are
projected to increase by 120%
Estimated Costs & CMAQ Funding
Annual Operating Costs
Fixed Route Services
Route 600
Route 610
Route 604
Route 605
Route 607
Route 608
$672,000
$290,000
$714,000
$3,100,000
$3,000,000
$1,200,000
Randall Road
IL-25
Barrington Rd
2,500,000
2,500,000
2,500,000
Transit Vehicles
20-25 Vehicles ($500,000 each)
Call-n-Ride Services
Route 609
Route 611
Route 612
Capital Costs
2012-2016
Park–n-Ride & Access Facilities
(150 spaces)
$270,000
$300,000
$321,000
Total Capital Costs (2012-2016)
12,500,000
$20,000,000
Marketing
Advertising & Outreach
Cost Per Year
493,350
$10,360,350
Project Costs (Capital + Year 1 Ops)
CMAQ Funding
$30,360,350
$38,976,560
Pace’s Current Annual I-90 Corridor Investment
$2,735,197
Next Steps
• Continue coordination with the Tollway &
stakeholders in the corridor
• Refine Park-n-Ride design concepts
• Refine service plans & route schedules
• Community outreach
Special Presentation and Reports B
LEGISLATIVE UPDATE PRESENTED
BY DAN SHOMON
NO MATERIALS
C
AGENDA ITEM: MEETING DATE: August 28, 2013 ITEM: Agreement with Northern Illinois University for an Internship Program ($38,642) OBJECTIVE: Provide the city with the services of the next generation of professionals at an extremely rea‐
sonable cost and impart valuable and relevant work experience to the interns. RECOMMENDATION: Approve a contract with Northern Illinois University for an Internship Project Agreement in the amount of $38,642. BACKGROUND Northern Illinois University’s (NIU) Master of Public Administration (MPA) program requires that its students obtain an internship with a governmental body or non‐profit as part of the ed‐
ucational process. The city has been an internship partner with the NIU MPA program since 2006. The city has enjoyed the services of bright, motivated students new to city government. NIU interns have worked in the city manager’s office, the public works department, the fire de‐
partment and human resources. Interns have worked on projects ranging from odd/even park‐
ing to enhancement of the summer youth employment program, and have assisted with day to day departmental operations. Until this year, interns were placed on the city’s payroll and treated as permanent part time employees. Due to a change in NIU’s internship procedures, the city must now enter into an agreement with NIU, who in turn pays the student. OPERATIONAL ANALYSIS The intern/patron relationship between the NIU MPA program and the city has been extremely beneficial to both parties. Interns have created snow plowing maps, departmental budget per‐
formance measures, handled citizen complaints, created standard operating practice manuals and coordinated new initiatives such as the sustainability program. Interns receive valuable and relevant work experience and the city enjoys the services of the next generation of profession‐
als at an extremely reasonable cost. Contracting with NIU, rather than putting the intern‐employee on payroll for twenty to twenty‐
four hours a week, ultimately results in lower costs and liability for the city, as the city is not responsible for the intern’s IMRF, health insurance, unemployment or payroll taxes. This intern position would not receive step increases or cost of living adjustments (COLA) as has been the case in the past. Interns work between twenty and twenty‐four hours a week, depending on their academic load. NIU will be paid $1,840.08 a month, which equals 88 hours of service, over a period of twenty‐one months. The monthly amount includes breaks and vacations when time worked is expected to increase. The intern is paid the set monthly rate regardless of the number of hours actually worked. The annual cost to the city over the life of the contract is as follows: 2013: $9,200 2014: $22,080 2015: $7,360 The intern selected to participate this year will work her first year primarily in the human re‐
sources department and assist other departments as requested. The contract with NIU will ex‐
pire in May 2015. INTERESTED PERSONS CONTACTED None. FINANCIAL ANALYSIS The existing budget of the professional services expenditure account will be sufficient to absorb the contract cost in 2013. Funding is available because the anticipated costs related to training are less than budgeted. Additional funding for the 2014 and 2015 internship agreement will need to be appropriated in the budget for these years. BUDGET IMPACT FUND(S) ACCOUNT(S) PROJECT #(S) General 010‐0601‐714.30‐99 AMOUNT BUDGETED $88,000 AMOUNT AVAILABLE $52,851 LEGAL IMPACT None. 2 ALTERNATIVES The city council may choose not to contract with NIU for the internship program. NEXT STEPS Provide an executed contract with NIU for council’s final approval. Originators: Final Review: Gail Cohen, Human Resources Director Colleen Lavery, Chief Financial Officer William A. Cogley, Corporation Counsel/Chief Development Officer Richard G. Kozal, Assistant City Manager/Chief Operating Officer Sean R. Stegall, City Manager ATTACHMENTS A. Internship Project Agreement with Northern Illinois University 3 INTERSHIP PROJECT AGREEMENT
THIS AGREEMENT is hereby made and entered into this 28 day of August, 2013, by
and between the City of Elgin, Illinois, a municipal corporation (hereinafter referred to as the
“SPONSOR”) and the Board of Trustees of Northern Illinois University (hereinafter referred to
as the “UNIVERSITY”).
WHEREAS, the SPONSOR and the UNIVERSITY desire to enter into an agreement
pertaining to the services of a university student administrative intern (hereinafter referred to as
the “PROJECT”) as described in the job description attached hereto and made a part hereof as
Appendix A; and
WHEREAS, the PROJECT is to be funded by the SPONSOR and carried out by the
UNIVERSITY under the terms and conditions specified herein; and
WHEREAS, the performance of such PROJECT is of mutual interest to the SPONSOR
and the UNIVERSITY, and is consistent with the instructional, scholarship and research
objectives of the UNIVERSITY as a non-profit, tax-exempt educational institution.
NOW, THEREFORE, in consideration of the mutual promises and covenants contained
herein, the sufficiency of which is hereby mutually acknowledged, the parties hereto hereby
agree as follows:
1.
RECITALS
The above recitals are incorporated into and made a part of this Agreement as if fully
recited hereby.
2.
STATEMENT OF WORK
The UNIVERSITY shall use reasonable efforts to perform the Project as described in
Appendix A, which is incorporated herein and attached as Appendix A. The
UNIVERSITY shall perform this effort consistent with reasonable standards of
professionalism applied in related fields. The Project is titled, “Administrative Intern”.
3.
STUDENT INTERN
The student intern assigned by the University for performance of the Project is Isabelle
Bourgeois. If for any reason the student intern withdraws from serving as student intern,
the UNIVERSITY and the SPONSOR shall endeavor to agree upon a successor. If the
parties are unable to agree upon a successor, SPONSOR shall have the right to terminate
this Agreement in the manner provided in the paragraph 9 entitled Termination.
4.
PERIOD OF PERFORMANCE/EXPIRATION
D
AGENDA ITEM: MEETING DATE: August 28, 2013 ITEM: Consulting Services Agreement with JJR SmithGroup for Americans with Disabilities Act Im‐
provements to the Sports Complex Softball Fields ($24,500) OBJECTIVE: Execute improvements to the Sports Complex softball fields to comply with the Americans with Disabilities Act and to make the fields accessible for all residents and guests. RECOMMENDATION: Approve the agreement with JJR SmithGroup for Americans with Disabilities Act improvements to the Sports Complex softball fields in the amount of $24,500. BACKGROUND Title 2 of the Americans with Disabilities Act (ADA) was passed by the federal government in 2010 and specifically addresses park and recreation facilities. To comply with the requirements of Title 2, the city hired a consultant to perform an ADA audit of its park and recreation facili‐
ties. A committee of city staff members reviewed the 95‐page audit and prioritized the projects based on a number of different factors, including: how much compliance work each required; the amount of liability exposure each presented; the amount of use each receives; the age and condition of the facility; and, other relevant factors. Based on these criteria and some ADA is‐
sues encountered by the city last fall, it was determined that the required ADA improvements to the sports complex softball fields should receive high priority. The Elgin Sports Complex contains ten softball fields that are divided into two, five‐field hubs. Within an equal distance between the two hubs is a small concessions building with wash‐
rooms. The softball fields were constructed as part of the first phase of the sports complex in 1985. Since that time, no renovations or improvements to the softball fields have been made with the exception of replacing a small playground with a shade structure. OPERATIONAL ANALYSIS The ADA audit of the softball fields revealed a total of thirteen different compliance issues. The majority of the identified issues are related to the pathways between the two hubs and within the hubs themselves. The majority of the pathways between the softball fields are gravel, irreg‐
1 ular, too steep in some areas and therefore do not meet the ADA standards. Because the paths are gravel, they often erode during heavy rains and the maintenance staff has to spend signifi‐
cant time regrading them. Replacing the gravel paths with paved paths will not only bring the softball fields in ADA compliance but also reduce the amount of time and materials spent on maintaining the paths and adjacent ball fields. Other areas of deficiencies identified in the ADA audit include the bleacher pads, team benches, parking areas and picnic areas. Staff requires the assistance of a consultant to create the final design and engineering of the proposed ADA improvements. In 2008, the city had entered into an agreement with JJR LLC (now SmithGroup JJR) to develop a master plan for improvement to the sports complex. Due to the recession, the project was halted in 2009, but the work that they have done has been bene‐
ficial in the conceptual planning for the ADA required improvements. Much of Smithgroup JJR’s early work focused on acquiring baseline infrastructure information that is required to plan properly for future improvements. This included information related to the functionality and location of all structures, storm sewers, irrigation systems, ball field drainage patterns, electri‐
cal service and programming operational challenges. Smithgroup JJR’s involvement with those previous tasks positions the firm to be the most efficient and cost effective option for the ser‐
vices now needed. Bringing on a new consultant would require a duplication of many of the services that SmithGroup JJR has already provided to the city and result in greater expenses and delays in moving forward with the improvements. Because of these factors, staff is seeking an exception to the procurement ordinance. INTERESTED PERSONS CONTACTED None. FINANCIAL ANALYSIS The city does not have the staffing levels to complete these engineering tasks in‐house, there‐
fore an outside consulting firm is required. Once these engineering tasks are completed, it can be determined which improvements the city can construct with in‐house resources and which will need to be contracted out. The 2013 Budget and 2013 – 2017 Financial Plan did not include an appropriation to fund the recommended ADA improvements to the parks and recreation fa‐
cilities. Therefore, a financing source and project implementation timeline will need to be in‐
corporated into the 2014 Budget and 2014 – 2018 Financial Plan. BUDGET IMPACT FUND(S) ACCOUNT(S) PROJECT #(S) AMOUNT BUDGETED AMOUNT AVAILABLE Park Development 340‐0000795.92‐32 509895 $24,500 $24,500 2 LEGAL IMPACT The proposed agreement requires an exception to the procurement ordinance which requires the approval of two‐thirds of the city council. ALTERNATIVES The city council may choose to not approve the agreement with JJR SmithGroup and begin a new bid process. NEXT STEPS Sign the agreement and proceed with the final design and engineering of the improvements. Originators: Final Review: Randy Reopelle, Parks and Recreation Director Colleen Lavery, Chief Financial Officer William A. Cogley, Corporation Counsel/Chief Development Officer Richard G. Kozal, Assistant City Manager/Chief Operating Officer Sean R. Stegall, City Manager ATTACHMENTS A. Agreement with Smithgroup JJR 3 AGREEMENT
THIS AGREEMENT is made and entered into this _______ day of ______________,
2013, by and between the CITY OF ELGIN, an Illinois municipal corporation (hereinafter
referred to as “CITY”) and SmithGroup JJR (hereinafter referred to as “ENGINEER”).
WHEREAS, the CITY desires to engage the ENGINEER to furnish certain professional
services in connection with certain ADA improvements and other improvements to the CITY’S
Sports Complex softball fields (hereinafter referred to as the PROJECT); and
WHEREAS, the ENGINEER represents that he is in compliance with Illinois Statutes
relating to professional registration of individuals and has the necessary expertise and experience
to furnish such services upon the terms and conditions set forth herein below.
NOW, THEREFORE, it is hereby agreed by and between the CITY and the ENGINEER
that the CITY does hereby retain the ENGINEER for and in consideration of the mutual
promises and covenants contained herein, the sufficiency of which is hereby acknowledged to act
for and represent it in the engineering matters involved in the PROJECT as described herein,
subject to the following terms and conditions and stipulations, to-wit:
1.
2.
3.
SCOPE OF SERVICES
A.
All work hereunder shall be performed under the direction of the Parks and
Recreation Director of the CITY, herein after referred to as the “DIRECTOR”.
B.
ENGINEER shall provide final design, engineering and permitting of the ADA
improvements to the softball fields at the CITY’S Sports Complex property.
C.
A detailed Scope of Services is attached hereto as Attachment A.
PROGRESS REPORTS
A.
An outline project milestone schedule is provided hereinunder.
B.
All design work shall be completed by the end of September 2013 and
engineering work shall be completed by October 15, 2013.
C.
The ENGINEER will submit to the DIRECTOR monthly a status report keyed to
the project schedule. A brief narrative will be provided identifying progress,
findings and outstanding issues.
WORK PRODUCTS
All work product prepared by the ENGINEER pursuant hereto including, but not limited
to, reports, plans, designs, calculations, work drawings, studies, photographs, models and
recommendations shall be the property of the CITY and shall be delivered to the CITY
upon request of the DIRECTOR; provided, however, that the ENGINEER may retain
copies of such work product for its records. ENGINEER’S execution of this Agreement
shall constitute ENGINEER’S conveyance and assignment of all right, title and interest,
including but not limited to any copyright interest, by the ENGINEER to the CITY of all
such work product prepared by the ENGINEER pursuant to this Agreement. The CITY
shall have the right either on its own or through such other engineers as determined by
the CITY to utilize and/or amend such work product. Any such amendment to such work
product shall be at the sole risk of the CITY. Such work product is not intended or
represented to be suitable for reuse by the CITY on any extension to the PROJECT or on
any other project, and such reuse shall be at the sole risk of the CITY without liability or
legal exposure to the ENGINEER.
4.
5.
6.
PAYMENTS TO THE ENGINEER
A.
The CITY shall reimburse the ENGINEER for services under this Agreement a
lump sum of Twenty-four Thousand Five Hundred Dollars ($24,500.00),
regardless of actual Costs incurred by the ENGINEER unless substantial
modifications to the project are authorized in writing by the DIRECTOR.
Reimbursable expenses, which are not included in the lump sum payment, shall
not exceed $750.00.
B.
The CITY shall make periodic payments to the ENGINEER based upon actual
progress within 30 days after receipt and approval of invoice. Full payments for
each task shall not be made until the task is completed and accepted by the
DIRECTOR.
INVOICES
A.
The ENGINEER shall submit invoices in a format approved by the CITY.
Progress reports (2B above) will be included with all payment requests.
B.
The ENGINEER shall maintain records showing actual time devoted and cost
incurred. The ENGINEER shall permit the authorized representative of the CITY
to inspect and audit all data and records of the ENGINEER for work done under
this Agreement. The ENGINEER shall make these records available at
reasonable times during the Agreement period, and for a year after termination of
this Agreement.
TERMINATION OF AGREEMENT
Notwithstanding any other provision hereof, the CITY may terminate this Agreement at
any time upon fifteen (15) days prior written notice to the ENGINEER. In the event that
this Agreement is so terminated, the ENGINEER shall be paid for services actually
performed and reimbursable expenses actually incurred prior to termination, except that
reimbursement shall not exceed the task amounts set forth under Paragraph 4 above.
-2-
7.
TERM
This Agreement shall become effective as of the date the ENGINEER is given a notice to
proceed and, unless terminated for cause or pursuant to Article 5, shall be deemed
concluded on the date the CITY determines that all of the ENGINEER's work under this
Agreement is completed. A determination of completion shall not constitute a waiver of
any rights or claims which the CITY may have or thereafter acquire with respect to any
term or provision of the Agreement.
8.
NOTICE OF CLAIM
If the ENGINEER wishes to make a claim for additional compensation as a result of
action taken by the CITY, the ENGINEER shall give written notice of his claim within
15 days after occurrence of such action. No claim for additional compensation shall be
valid unless so made. Any changes in the ENGINEER's fee shall be valid only to the
extent that such changes are included in writing signed by the CITY and the ENGINEER.
Regardless of the decision of the DIRECTOR relative to a claim submitted by the
ENGINEER, all work required under this Agreement as determined by the DIRECTOR
shall proceed without interruption.
9.
BREACH OF CONTRACT
If either party violates or breaches any term of this Agreement, such violation or breach
shall be deemed to constitute a default, and the other party has the right to seek such
administrative, contractual or legal remedies as may be suitable to the violation or breach;
and, in addition, if either party, by reason of any default, fails within fifteen (15) days
after notice thereof by the other party to comply with the conditions of the Agreement,
the other party may terminate this Agreement. Notwithstanding the foregoing, or
anything else to the contrary in this Agreement, with the sole exception of an action to
recover the monies the CITY has agreed to pay to the ENGINEER pursuant to Paragraph
4 hereof, no action shall be commenced by the ENGINEER against the CITY for
monetary damages. ENGINEER hereby further waives any and all claims or rights to
interest on money claimed to be due pursuant to this Agreement, and waives any and all
such rights to interest which it claims it may otherwise be entitled pursuant to law,
including, but not limited to, the Local Government Prompt Payment Act (50 ILCS
501/1, et seq.), as amended, or the Illinois Interest Act (815 ILCS 205/1, et seq.), as
amended. The parties hereto further agree that any action by the ENGINEER arising out
of this Agreement must be filed within one year of the date the alleged cause of action
arose or the same will be time-barred. The provisions of this paragraph shall survive any
expiration, completion and/or termination of this Agreement.
10.
INDEMNIFICATION
To the fullest extent permitted by law, ENGINEER agrees to and shall indemnify, defend
and hold harmless the CITY, its officers, employees, agents, boards and commissions
from and against any and all claims, suits, judgments, costs, attorneys fees, damages or
-3-
other relief, including but not limited to workers compensation claims, in any way
resulting from or arising out of negligent actions or omissions of the ENGINEER in
connection herewith, including negligence or omissions of employees or agents of the
ENGINEER arising out of the performance of this Agreement. In the event of any action
against the CITY, its officers, employees, agents, boards or commissions, covered by the
foregoing duty to indemnify, defend and hold harmless such action shall be defended by
legal counsel of the CITY's choosing. The provisions of this paragraph shall survive any
expiration and/or termination of this Agreement.
11.
NO PERSONAL LIABILITY
No official, director, officer, agent or employee of the CITY shall be charged personally
or held contractually liable under any term or provision of this Agreement or because of
their execution, approval or attempted execution of this Agreement.
12.
INSURANCE
A.
Comprehensive Liability. The ENGINEER shall provide, pay for and maintain
in effect, during the term of this Agreement, a policy of comprehensive general
liability insurance with limits of at least $1,000,000 aggregate for bodily injury
and $1,000,000 aggregate for property damage.
The ENGINEER shall deliver to the DIRECTOR a Certification of Insurance
naming the CITY as additional insured. The policy shall not be modified or
terminated without thirty (30) days prior written notice to the DIRECTOR.
The Certificate of Insurance which shall include Contractual obligation assumed
by the ENGINEER under Article 10 entitled “Indemnification” shall be provided.
This insurance shall apply as primary insurance with respect to any other
insurance or self-insurance programs afforded to the CITY. There shall be no
endorsement or modification of this insurance to make it excess over other
available insurance, alternatively, if the insurance states that it is excess or
prorated, it shall be endorsed to be primary with respect to the CITY.
B.
Comprehensive Automobile Liability. Comprehensive Automobile Liability
Insurance covering all owned, non-owned and hired motor vehicles with limits of
not less than $500,000 per occurrence for damage to property.
C.
Combined Single Limit Policy. The requirements for insurance coverage for the
general liability and auto exposures may be met with a combined single limit of
$1,000,000 per occurrence subject to a $1,000,000 aggregate.
D.
Professional Liability. The ENGINEER shall carry Engineers Professional
Liability Insurance Covering claims resulting from error, omissions or negligent
acts with a combined single limit of not less than $1,000,000 per claim. A
-4-
Certificate of Insurance shall be submitted to the DIRECTOR as evidence of
insurance protection. The policy shall not be modified or terminated without
thirty (30) days prior written notice to the DIRECTOR.
13.
CONSTRUCTION MEANS,
PROCEDURES AND SAFETY
METHODS,
TECHNIQUES,
SEQUENCES,
The ENGINEER shall not have control over or charge of and shall not be responsible for
construction means, methods, techniques, sequences or procedures, or for safety
precautions and programs in connection with the construction, unless specifically
identified in the Scope of Services.
14.
NONDISCRIMINATION
In all hiring or employment made possible or resulting from this Agreement, there shall
be no discrimination against any employee or applicant for employment because of sex,
age, race, color, creed, national origin, marital status, of the presence of any sensory,
mental or physical handicap, unless based upon a bona fide occupational qualification,
and this requirement shall apply to, but not be limited to, the following: employment
advertising, layoff or termination, rates of pay or other forms of compensation and
selection for training, including apprenticeship.
No person shall be denied or subjected to discrimination in receipt of the benefit of any
services or activities made possible by or resulting from this Agreement on the grounds
of sex, race, color, creed, national origin, age except minimum age and retirement
provisions, marital status or the presence of any sensory, mental or physical handicap.
Any violation of this provision shall be considered a violation of a material provision of
this Agreement and shall be grounds for cancellation, termination or suspension, in whole
or in part, of the Agreement by the CITY.
15.
ASSIGNMENT AND SUCCESSORS
This Agreement and each and every portion thereof shall be binding upon the successors
and the assigns of the parties hereto; provided, however, that no assignment shall be
made without the prior written consent of the CITY.
16.
DELEGATIONS AND SUBCONTRACTORS
Any assignment, delegation or subcontracting shall be subject to all the terms, conditions
and other provisions of this Agreement and the ENGINEER shall remain liable to the
CITY with respect to each and every item, condition and other provision hereof to the
same extent that the ENGINEER would have been obligated if it had done the work itself
and no assignment, delegation or subcontract had been made. Any proposed
subcontractor shall require the CITY's advanced written approval.
-5-
17.
NO CO-PARTNERSHIP OR AGENCY
This Agreement shall not be construed so as to create a partnership, joint venture,
employment or other agency relationship between the parties hereto.
18.
SEVERABILITY
The parties intend and agreed that, if any paragraph, sub-paragraph, phrase, clause or
other provision of this Agreement, or any portion thereof, shall be held to be void or
otherwise unenforceable, all other portions of this Agreement shall remain in full force
and effect.
19.
HEADINGS
The headings of the several paragraphs of this Agreement are inserted only as a matter of
convenience and for reference and in no way are they intended to define, limit or describe
the scope of intent of any provision of this Agreement, nor shall they be construed to
affect in any manner the terms and provisions hereof or the interpretation or construction
thereof.
20.
MODIFICATION OR AMENDMENT
This Agreement and its attachments constitutes the entire Agreement of the parties on the
subject matter hereof and may not be changed, modified, discharged or extended except
by written amendment duly executed by the parties. Each party agrees that no
representations or warranties shall be binding upon the other party unless expressed in
writing herein or in a duly executed amendment hereof, or change order as herein
provided.
21.
APPLICABLE LAW
This Agreement shall be deemed to have been made in, and shall be construed in
accordance with the laws of the State of Illinois. Venue for the resolution of any disputes
or the enforcement of any rights pursuant to this Agreement shall be in the Circuit Court
of Kane County, Illinois.
22.
NEWS RELEASES
The ENGINEER may not issue any news releases without prior approval from the
DIRECTOR, nor will the ENGINEER make public proposals developed under this
Agreement without prior written approval from the DIRECTOR prior to said
documentation becoming matters of public record.
-6-
23.
COOPERATION WITH OTHER CONSULTANTS
The ENGINEER shall cooperate with any other consultants in the CITY's employ or any
work associated with the PROJECT.
24.
INTERFERENCE WITH PUBLIC CONTRACTING
The ENGINEER certifies hereby that it is not barred from bidding on this contract as a
result of a violation of 720 ILCS 5/33E et seq. or any similar state or federal statute
regarding bid rigging.
25.
SEXUAL HARASSMENT
As a condition of this contract, the ENGINEER shall have written sexual harassment
policies that include, at a minimum, the following information:
A.
the illegality of sexual harassment;
B.
the definition of sexual harassment under state law;
C.
a description of sexual harassment, utilizing examples;
D.
the vendor's internal complaint process including penalties;
E.
the legal recourse, investigative and complaint process available through the
Illinois Department of Human Rights, and the Illinois Human Rights
Commission;
F.
directions on how to contact the department and commission;
G.
protection against retaliation as provided by Section 6-101 of the Human Rights
Act.
A copy of the policies shall be provided by ENGINEER to the Department of Human
Rights upon request 775 ILCS 5/2-105.
26.
SUBSTANCE ABUSE PROGRAM.
As a condition of this agreement, ENGINEER shall have in place a written substance
abuse prevention program which meets or exceeds the program requirements in the
Substance Abuse Prevention Public Works Project Act at 820 ILCS 265/1 et seq. A copy
of such policy shall be provided to the City’s Assistant City Manager prior to the entry
into and execution of this agreement.
-7-
27.
WRITTEN COMMUNICATIONS
All recommendations and other communications by the ENGINEER to the DIRECTOR
and to other participants which may affect cost or time of completion, shall be made or
confirmed in writing. The DIRECTOR may also require other recommendations and
communications by the ENGINEER be made or confirmed in writing.
28.
NOTICES
All notices, reports and documents required under this Agreement shall be in writing and
shall be mailed by First Class Mail, postage prepaid, addressed as follows:
A.
As to CITY:
Randy Reopelle
Director of Parks & Recreation
City of Elgin
150 Dexter Court
Elgin, Illinois 60120-5555
B.
As to ENGINEER:
SmithGroup JJR
35 East Wacker
Suite 2200
Chicago, IL 60601
29.
COMPLIANCE WITH LAWS
Notwithstanding any other provision of this Agreement it is expressly agreed and
understood that in connection with the performance of this Agreement that the ENGINEER shall
comply with all applicable Federal, State, City and other requirements of law, including, but not
limited to, any applicable requirements regarding prevailing wages, minimum wage, workplace
safety and legal status of employees. Without limiting the foregoing, ENGINEER hereby
certifies, represents and warrants to the CITY that all ENGINEER'S employees and/or agents
who will be providing products and/or services with respect to this Agreement shall be legal
residents of the United States. ENGINEER shall also at its expense secure all permits and
licenses, pay all charges and fees and give all notices necessary and incident to the due and
lawful prosecution of the work, and/or the products and/or services to be provided for in this
Agreement. The CITY shall have the right to audit any records in the possession or control of
the ENGINEER to determine ENGINEER'S compliance with the provisions of this section. In
the event the CITY proceeds with such an audit the ENGINEER shall make available to the
CITY the ENGINEER'S relevant records at no cost to the CITY. ENGINEER shall pay any and
all costs associated with any such audit.
-8-
IN WITNESS WHEREOF, the parties hereto have entered into and executed this
Agreement effective as of the date and year first written above.
FOR THE CITY:
FOR THE ENGINEER:
By
By:
Name/Print:
Title:
City Manager
Attest:
City Clerk
f:\legal dept\agreement\engineering agreement-smithgroup jjr-sports complex softball fields.docx
-9-
ATTACHMENT A
SCOPE OF SERVICES
Attachment A SCOPE OF SERVICES PHASE 1: FINAL DESIGN AND ENGINEERING Task 1.1 Final Engineering Documents SGJJR will prepare Final Engineering Documents. These documents will consist of drawings, calculations and other information necessary to establish the project. Materials designations will be addressed via notes on the drawings. Stand‐alone technical specifications are not included. The following information is expected to be included within the Final Engineering Documents. • Site preparation requirements including site demolition and erosion control. • Earthwork including site grading and drainage requirements and systems. • Location, geometrics and materials associated with the hardscape including walks, walls, curbs and pavements. • Landscape including canopy and ornamental trees and ground plane restoration. • Irrigation including mainline piping upgrades and schematic head layout and piping for Field 10. • Structural and electrical engineering services are not anticipated and are excluded. Task 1.2 Permits and Approvals The project will require submittal and sign‐off by the IL EPA for erosion control. SGJJR will prepare and submit the application to assist the Client in obtaining this permit to proceed with construction. SGJJR will meet with the City of Elgin Engineering Dept. to discuss the project and Stormwater implications, if any, but this proposal excludes stormwater permitting. - 11 -
Task 1.3 Statement of Probable Construction Costs SGJJR will provide a Statement of Probable Construction Costs based on the Final Engineering Documents. Task 1.4 Client Document Review SGJJR will participate in up to three meetings with the Client to review the documents during the Final Engineering phase. - 12 -
E
AGENDA ITEM: MEETING DATE: August 28, 2013 ITEM: Amendment No. 1 with Christopher B. Burke Engineering, Ltd. to Add Construction Administra‐
tion Engineering Services for 2013 Street Resurfacing Project ($87,292) OBJECTIVE: Ensure quality infrastructure and strengthen the city’s neighborhoods by administrating the construction of a street resurfacing project. RECOMMENDATION: Amend the current professional services agreement with Christopher B. Burke Engineering, Ltd. to add construction administration services in the amount of $87,292. BACKGROUND The city council approved an agreement with Christopher B. Burke Engineering, Ltd. for the 2013 Annual Street Resurfacing Program in May. That agreement included the design engineer‐
ing services for pavement removal and replacement in three areas of the city. At the time the city approved the original agreement, staff anticipated amending this agreement to add the construction administration component of the project. The construction administration services for the 2013 Street Resurfacing Project encompass street resurfacing and some handicap side‐
walk enhancements in the area just west of Lords Park. Sufficient funding is not available to re‐
surface the other two areas which will go out to bid for construction in early 2014. The project area contemplated under Amendment No. 1 is just west of Lords Park and includes Oakland, Grand, Addison, Lillie, Forest, Linden and Preston. Additionally, resurfacing of some roads within Lords Park will also be included in this project at the city council’s direction. A map of the area is labeled as Attachment A, below. The award of the construction work for this project was approved at the last city council meet‐
ing as Bid 13‐047. The amendment agreement will provide the construction engineering ser‐
vices for the subject project. The services will include observation of construction procedures, quality control, quantity documentation and contractor payment processing. 1 2 OPERATIONAL ANALYSIS Amendment No. 1 (Attachment B) will provide the construction administrative effort necessary to insure the city receives the best possible infrastructure. Once completed, the street resurfac‐
ing project will alleviate the typical maintenance effort provided by public works for pot hole patching and damaged sidewalks for years to come. Street resurfacing projects extend the life of the pavement base and curbs and have historically improved the image of a neighborhood and encouraged private property improvements thus increasing property values. INTERESTED PERSONS CONTACTED None. FINANCIAL ANALYSIS The original contract awarded to Christopher B. Burke Engineering, Ltd. for design engineering services totaled $83,100. Amendment No. 1 to provide construction administration services to‐
tals $87,292 and increases the contract amount to $170,392. The construction component of the 2013 Street Resurfacing Program totaling $1,187,731 was awarded at the August 14, 2013 council meeting. The total cost of this project is projected to be $1,358,123. BUDGET IMPACT FUND(S) ACCOUNT(S) PROJECT # AMOUNT BUDGETED AMOUNT AVAILABLE Capital Improvements Capital Improvements 385‐0000‐795.30‐03 385‐0000‐795.93‐80 340062 340062 $150,000 $1,550,000 $66,891 $262,269 LEGAL IMPACT None. ALTERNATIVES The city council may choose not to authorize Amendment No. 1 to the agreement with Christo‐
pher B. Burke Engineering, Ltd., however this would delay the resurfacing. NEXT STEPS 1.
Execute the amendment. 2.
Issue directive to engineer to begin work. 3 Originators: Final Review: Joseph Evers, City Engineer Colleen Lavery, Chief Financial Officer William A. Cogley, Corporation Counsel/Chief Development Officer Richard G. Kozal, Assistant City Manager/Chief Operating Officer Sean R. Stegall, City Manager ATTACHMENTS A.
B.
Location Map Amendment No. 1 to Agreement 4 F AGENDA ITEM: MEETING DATE: August 28, 2013 ITEM: Sales Tax Sharing Agreement with Butera Market (Net Revenue Generation) OBJECTIVE: Generate additional sales tax and other revenue through the establishment of a grocery store within a challenged retail center located in the city’s northwest quadrant which has been de‐
void of a grocery store for a decade. RECOMMENDATION: Approve the sales tax sharing agreement with Butera Market that rebates one‐half of the sales tax revenue generated by a new grocery store in an amount not to exceed $500,000 for a ten‐
year term. ______________________________________________________________________________ BACKGROUND Just over a year ago, the Courier‐News and Daily Herald published articles describing the “food desert” in Elgin’s northwest side. Northern Illinois University nutrition professor Beverly Henry generally defines food deserts as areas where there “is insufficient availability of fresh foods because there are few or no grocery stores nearby.” The U.S. Department of Agriculture uses a more clinical term to describe such areas, defining Elgin’s northwest side as a “low access community” to fresh fruits and vegetables. The department states low access communities are census tracts where more than one‐third of the residents live more than a mile from a grocery store. Residents interviewed in the articles conveyed their frustrations in not having ready access to a grocery store with a selection of fresh foods. In the absence of a source for fresh food, area res‐
idents must leave their neighborhoods for basics such as raw meat and fresh vegetables. Stud‐
ies have shown that many residents simply give up on the challenge, turning instead to a fast‐
food outlet or a convenience store where the inventory typically skews toward salty snacks ra‐
ther than apples and oranges, and where a banana that costs close to cents at a grocery store sells for closer to a dollar, if it is even available for purchase. City council members in the recent past have similarly expressed a desire to have new grocery stores locate in the city’s underserved areas on the northwest and northeast sides. OPERATIONAL ANALYSIS The Butera Market (Butera) grocery store chain recently executed an option to purchase the 38,000 square‐foot vacant building at 20 Tyler Creek Plaza (at the northeast corner of North McLean Boulevard and Big Timber Road) that was last occupied by the Eagle Fresh Market gro‐
cery store in 2003. The location was most recently vacated during the past year by the Home Plus Outlet retailer. Butera currently operates nine grocery stores with locations in Elgin, South Elgin, St. Charles, Algonquin, Roselle, Harwood Heights, Norridge, Lindenhurst and Naperville. Butera’s Elgin gro‐
cery store at 1 Clock Tower Plaza generates approximately $110,000 in annual sales tax and al‐
cohol tax revenue for the city. Butera has not yet closed on the purchase of the Tyler Creek Plaza property. Butera is contem‐
plating an investment of approximately $4 million to purchase the existing structure and reno‐
vate it for use as a grocery store. The development of the Tyler Creek Plaza property as a gro‐
cery store presents risk to Butera. The city has marketed the parcel to potential grocery store operators over the years, but all have ultimately passed on investing in the location. The Tyler Creek Plaza shopping center, not unlike many retail centers, has been experiencing increased vacancies, and the absence of an anchor tenant for the plaza only increases the difficulty in finding suitable retail tenants. Butera and city staff have been developing a proposed economic incentive agreement for con‐
sideration by the city council. The proposed agreement (Attachment C) incorporates the follow‐
ing salient terms:  Butera will make an investment in the amount of approximately $4 million to establish a grocery store at 20 Tyler Creek Plaza.  The city will conduct a “fast‐track” permitting process for Butera and waive any building permit fees which would otherwise be due and payable to the city in connection with the establishment of the grocery store. Impact fees, other governmental agency fees and any third‐party engineering review fees must be paid by Butera.  The city will issue a liquor license for the new grocery store allowing the package sale of all alcohol, provided Butera otherwise meets all applicable ordinances and statutes gov‐
erning the issuance of a liquor license.  The city will rebate one‐half of the sales tax and alcohol tax revenue generated by the new Butera grocery store for ten years. 
2 



The maximum cumulative sales tax the city will rebate to Butera during the ten‐year term is $500,000. 
Butera will maintain its existing grocery store at 1 Clock Tower Plaza during the ten‐year term of the economic incentive agreement. 
If Butera fails to continue simultaneously operating its grocery stores at Tyler Creek Pla‐
za and Clock Tower Plaza for a period of not less than ten years, the city may terminate the agreement and seek repayment of all funds paid by the city to Butera. 
Butera must post in favor of the city a performance bond, letter of credit, personal guarantee, property lien or such other instrument acceptable to the city before any sales tax rebate is paid. The performance bond, letter of credit or such other instrument must be in an amount equal to any sales tax rebate being sought by Butera plus the amount of any sales tax rebate previously paid by the city to Butera. Butera is reimbursing the city for retaining The Incentis Group, LLC (Incentis) to conduct an economic and fiscal impact analysis of the Butera development and the proposed economic in‐
centive agreement. Preliminary discussions with Incentis indicate the proposed grocery store and economic incentive agreement will benefit the city. Butera’s time constraints for the property’s purchase do not allow for the conventional time period necessary for Incentis to perform its analysis. The expedited review Incentis is currently performing to accommodate Butera’s scheduling constraints will not be complete by the time the city council’s agenda packet is distributed. At this time, the Incentis analysis is not expected to be completed until Tuesday, August 27th. Once Incentis generates its report, copies will be distributed to the city council members for their review. INTERESTED PERSONS CONTACTED None identified. FINANCIAL ANALYSIS Cities often utilize sales tax sharing programs for recruitment, retention and expansion purposes for businesses that contribute sales tax to the city. Elgin has historically utilized such programs to incent automobile dealerships due to the fact that motor vehicle sales tax makes up the largest portion of the city’s sales tax revenue. Specifically, the city has utilized the Cook County Retail Automobile Dealership Incentive Program to incent dealerships to locate or remain on East Chicago Street, such as the new Rosen Kia dealership which opened in 2010 and 
3 


has used other tax incentives to recruit or relocate dealerships to the auto mall at the northwest corner of Randall Road and U.S. Interstate 90. The proposed Butera sales tax sharing incentive is modeled on these successful sales tax sharing agreements and is being utilized to persuade a developer to invest in an economically underperforming area of the city. The Cook County Retail Automobile Dealership Incentive Program similarly provides a fifty percent sales tax rebate conditioned on the automobile dealer making a capital investment in the property and remaining at its location for seven years; requires the dealership to make repayment of any sales tax rebate payments it received from the city if it fails to comply with the terms of the program; and, requires the automobile dealer to provide financial security to the city in the event repayment is required. Sales tax revenue is deposited in the General Fund with sales tax rebates being paid from the Riverboat Fund. BUDGET IMPACT FUND(S) ACCOUNT(S) PROJECT #(S) Riverboat 276‐0000‐791.80‐24 N/A AMOUNT BUDGETED $902,430 AMOUNT AVAILABLE $902,430 LEGAL IMPACT None. ALTERNATIVES 1.
The city council may modify the provisions of the proposed economic incentive agree‐
ment. 2.
The city council may choose not to enter into the economic incentive agreement. NEXT STEPS 1.
Execute the sales tax sharing agreement. 2.
Determine the sales tax revenue generated during the year following the agreement’s commencement date for the next ten years. 3.
Process the first payment under the agreement during the first quarter of 2014. 
4 


______________________________________________________________________________ Originators: Richard G. Kozal, Assistant City Manager Final Review: Colleen Lavery, Chief Financial Officer William A. Cogley, Corporation Counsel/Chief Development Officer Sean R. Stegall, City Manager ______________________________________________________________________________ ATTACHMENTS A. Courier‐News newspaper article published 27 March 2012 entitled “Nine years after Ea‐
gle closes, Elgin’s NW Side remains a food desert” by Mike Danahey B. Daily Herald newspaper article published 22 July 2012 entitled “Elgin’s north sides have low access to grocery stores” by Tara Garcia Mathewson C. Proposed Economic Incentive Agreement with Butera Market 
5 


Nine years after Eagle closes, Elgin’s NW Side remains a food desert - Elgin Courier News
Contact
Subscribe TV Weekly Reader Services Advertise with Us Select a Publication or Site
22.08.13 2:00 PM
Search
| My Account | Logout
Welcome, Rick |
Nine years after Eagle closes, Elgin’s NW Side remains a food
desert
By Mike Danahey [email protected] March 27, 2012 5:04PM
Updated: May 9, 2012 10:24AM
ELGIN — Northern Illinois University nutrition professor Beverly Henry and her husband live in Elgin’s Century Oaks West subdivision on
the city’s northwest side. With lawns turning green and flowers and trees budding, you would hardly think of the neighborhood as a
desert — but in an unhealthy way, it is.
What makes it barren is that the area has been without a big grocery store since the Eagle Country Market in Tyler Creek Plaza closed in
2003. Gromer’s, along McLean Boulevard in the Wing Park Shopping Center, shut its doors in 1995. So Henry shops at the Jewel-Osco
almost three miles away at 1660 Larkin Avenue.
According to Henry, a food desert can broadly be defined as an area where there “is insufficient availability of fresh foods because there
are few or no grocery stores nearby.”
Henry noted, though, that according to the USDA definition, a food desert is “a low-income census tract where a substantial number or
share of residents has low access to a supermarket or large grocery store.”
To qualify as a low-income community, a tract must have either a poverty rate of 20 percent or higher or a median family income at or
below 80 percent of the area’s median family income. To qualify as a low-access community at least 500 people and/or at least 33
percent of the tract’s population must reside more than one mile from a supermarket or large grocery store. For rural census tracts, the
distance is more than 10 miles.
“So, we are a low-access community, not necessarily a low-income community,” Henry said.
“In Illinois many urban communities lack access to fresh produce and other nutritious grocery goods. In fact, records show that at least
500,000 Illinoisans have limited or no direct access to local stores.
“In many Chicago neighborhoods, particularly in minority communities, grocery stores are very inaccessible, while fast foods are much
more prevalent. In some rural Illinois counties, grocery stores may be non-existent or miles away from where people live.”
Health concerns
And that in turn brings up health concerns.
Henry said, “The availability of large chain supermarkets is associated with a decreased risk of obesity, less premature death and less
chronic health conditions. There are even studies showing that infants are more likely to be born overweight if the mother is living in a
poor food environment.”
http://couriernews.suntimes.com/business/11483623-420/nine-years-after-eagle-closes-elgins-nw-side-remains-a-food-desert.html
Page 1 of 3
Nine years after Eagle closes, Elgin’s NW Side remains a food desert - Elgin Courier News
22.08.13 2:00 PM
From her own home, where she and her husband have lived for 27 years and raised a family, “I used to walk to Eagle. Also, I would
combine shopping trips to Eagle, Gromer’s, even Dominick’s (along Randall Road, which closed in 2004), taking advantage of sales,
coupons and finding desired food items,” Henry said. “Now, I have to go farther, and it’s easier to get fast food than get to the grocery
store.”
On the Northwest Side, there is not a shortage of fast food and mid-priced restaurants along McLean, and there are even a couple
smaller stores that have a limited selection of groceries.
“Convenience stores offer some foods, typically fewer fresh items, and are more expensive. And it can be especially hard trying to find
ingredients you are used to cooking with at them,” Henry said.
Living where she does means “ramping up how much planning you need to do.”
In Henry’s case, she combines going to church on Sunday with her trip to the grocery store.
Active group
Henry serves on the Activate Elgin, a coalition that focuses on both nutrition and the need to be active. It began in 2006 as part of the
YMCA’s Pioneering Healthier Communities initiative with the Centers for Disease Control and Prevention.
“One goal for developing healthy lifestyles is to include children in food selection and preparation, which is hard to do when families are
not living close (to grocers),” Henry said.
The Northwest Side is economically diverse, with some low-income residents and gasoline prices impacting everyone’s budget.
So, in some cases, “residents in under-served areas have little choice but to eat what is available, often foods high in calories and low in
nutritional value at fast food restaurants or convenience stores,” Henry said. “As food insecurity is increased, access to fruits, vegetables,
whole grains is less. Foods with more nutrient value are less available and cost more. More of the family’s income may go to food, and
cheaper fast foods typically have more empty calories.”
Seeking solutions
Beyond Elgin, efforts are under way to address food deserts.
The Illinois General Assembly is looking to create a task force which would seek ways to stimulate supermarket development across
Illinois, Henry said. She noted that Walmart, which now is the largest grocery chain in the country, has a five-year plan to make its food
healthier and more affordable.
Sources said Walmart has been looking at at least 11 sites in Elgin, most on the east side of town, for locating a new store or stores. Since
last year, the company has been opening smaller express stores on an experimental basis, including some in the Chicago market.
Walmart opened a Super Center in Elgin at Randall and Bowes roads in time for last Christmas shopping season and is building a Sam’s
Club adjacent to this location. The company closed its store at Randall and Royal Boulevard in Elgin when the new spot opened.
Here in The City in the Suburbs, Mayor Dave Kaptain said he and Elgin staff will be meeting this week with a major grocery retailer about
opening a store somewhere in town. Kaptain and his wife, Sandy, live on the Northwest Side in the Eagle Heights subdivision, and
without a market close to their home, they shop at several grocers in and around Elgin.
“A lot of my neighbors drive to the Woodman’s in Carpentersville or other grocery stores out of town. What this means for Elgin is
potential revenue for the city is going elsewhere,” Kaptain said.
© 2013 Sun-Times Media, LLC. All rights reserved. This material may not be copied or distributed without permission. For more information about reprints and permissions, visit
www.suntimesreprints.com. To order a reprint of this article, click here.
http://couriernews.suntimes.com/business/11483623-420/nine-years-after-eagle-closes-elgins-nw-side-remains-a-food-desert.html
Page 2 of 3
Elgin’s north sides have low access to grocery stores - DailyHerald.com
12.08.12 3:21 PM
This copy is for personal, non-commercial use. To order presentation-ready
copies for distribution you can: 1) Use the "Reprint" button found on the top and
bottom of every article, 2) Visit reprints.theygsgroup.com/dailyherald.asp for
samples and additional information or 3) Order a reprint of this article now.
Article posted: 7/22/2012 7:34 AM
Elgin’s north sides have low access to grocery stores
By Tara García Mathewson
For residents on Elgin’s north side hoping for a grocery store closer to home, the wheels are turning at the
government level and within the community to make that a reality.
Many areas in the northeast and northwest corners of the community are considered to have low access to
fresh fruits and vegetables.
The United States Department of Agriculture defines low-access communities as census tracts where more
than one-third of the residents live more than a mile from a grocery store — in rural areas the qualifying
distance is 10 miles.
Elgin Mayor David Kaptain, a resident of the Eagle Heights neighborhood on the northwest side, said access to
fresh food is all part of a healthier lifestyle. When there’s no food in the fridge and a trip to a grocery store is
more than a walk down the street, parents are more likely to give their kids a few dollars to eat fast food instead
of piling in the car to get ingredients for dinner.
“That’s not the worst thing sometimes, but it’s not good every day,” Kaptain said.
The mayor said he would like a citizen task force to discuss economic incentives to lure a grocer into town.
Working groups will be formed in coming months to look at nine initiatives the city council highlighted in its
strategic planning effort, including economic development.
By October, Kaptain wants a response from the community group about whether it makes sense to offer
incentives to lure a grocery store into areas without one. The city council then can discuss the idea during
budget talks.
Beverly Henry, associate professor of nutrition at Northern Illinois University, also lives on the northwest side
and has watched efforts to get a grocery store in her part of town.
Years ago, she could walk to the Eagle Country Market in Tyler Creek Plaza. Now she has to drive three miles
to Jewel.
For people without a car, making the trip is an ordeal and encourages bad decisions, she said.
“How we can make healthy choices easier for people is really what we should be thinking about,” Henry said.
http://www.dailyherald.com/article/20120722/business/707229914/print/
Page 1 of 2
Elgin’s north sides have low access to grocery stores - DailyHerald.com
12.08.12 3:21 PM
Physical activity has been a big focus this year for Activate Elgin, a coalition of groups dedicated to making
Elgin-area residents healthier of which Henry is a member. Henry said the coalition may shift to advocating for
access to fresh fruits and vegetables if an opportunity presents itself.
Chicago now allows food trucks in city neighborhoods, presenting the possibility of roving farmers markets.
Kaptain said this could be another thing to look into locally.
While Elgin prohibits sales from motor vehicles, the city council could change the ordinance to provide greater
access to food.
At least one major grocer is looking at Elgin’s northeast side for a new store location, but no leases have been
signed or properties purchased. Until that happens, groups like Activate Elgin and elected officials will be
brainstorming ways to get fresh food to residents.
“A livable, healthy community is what we’d like to see Elgin become,” Henry said.
Copyright © 2012 Paddock Publications, Inc. All rights reserved.
http://www.dailyherald.com/article/20120722/business/707229914/print/
Page 2 of 2
ECONOMIC INCENTIVE AGREEMENT This Economic Incentive Agreement (the “Agreement”) is made and entered into as of the 11th day of September, 2013, by and between the City of Elgin, an Illinois municipal corpo‐
ration (hereinafter referred to as the “City”), and Butera Finer Foods, Inc., an Illinois corpora‐
tion d/b/a Butera Market (hereinafter referred to as the “Developer”). WHEREAS, Developer currently operates nine grocery stores with locations in Elgin, South Elgin, St. Charles, Algonquin, Roselle, Harwood Heights, Norridge, Lindenhurst and Na‐
perville; and WHEREAS, the northwest area of the community is viewed as having low access to fresh fruits and vegetables and other grocery items; and WHEREAS, the last grocery store serving Elgin’s northwest area community closed in 2003 and the area has remained devoid of any grocery stores since that time; and WHEREAS, the Developer wishes to expand the number of grocery stores it operates in Elgin while continuing to operate its existing Elgin grocery store at 1 Clock Tower Plaza; and WHEREAS, the Developer is purchasing a 38,000 square‐foot commercial property at 20 Tyler Creek Plaza in which it plans to operate a Butera Market grocery store (Butera Market Ty‐
ler Creek Plaza); and WHEREAS, the Developer will be investing approximately $4 million to expand its busi‐
ness within the City with the establishment of Butera Market Tyler Creek Plaza; and WHEREAS, the Developer is unable to proceed with the development of Butera Market Tyler Creek Plaza without certain economic development assistance from the City as hereinaf‐
ter described; and WHEREAS, Section 8‐11‐20 of the Illinois Municipal Code (65 ILCS 5/8‐11‐20) authorizes municipalities including the City to enter into economic incentive agreements relating to the development or redevelopment of lands within the corporate limits of a municipality and under such agreements the municipality may agree to share or rebate a portion of any Retailer’s Oc‐
cupation Taxes received by the municipality that were generated by the development or rede‐
velopment over a finite period of time; and WHEREAS, the City is a home rule unit authorized to exercise any power and perform any function relating to its government and affairs; WHEREAS, economic incentive agreements including the economic incentive agreement as provided for in this Agreement pertain to the government and affairs of the City; and WHEREAS, 20 Tyler Creek Plaza has remained significantly underutilized for a period of approximately one year; and WHEREAS, Butera Market Tyler Creek Plaza is expected to create job opportunities with‐
in the City; and WHEREAS, Butera Market Tyler Creek Plaza will serve to further the development of ad‐
jacent retail space in the Tyler Creek Plaza and surrounding areas; and WHEREAS, without this Agreement Butera Market Tyler Creek Plaza would not be possi‐
ble; and WHEREAS, the Developer meets high standards of credit worthiness and financial strength as demonstrated by equity financing for not less than ten percent (10%) of the total project costs; and WHEREAS, Butera Market Tyler Creek Plaza will strengthen the commercial sector of the City; and WHEREAS, Butera Market Tyler Creek Plaza will enhance the tax base of the City; and WHEREAS, this Agreement is made in the best interests of the City. NOW, THEREFORE, for and in consideration of the mutual promises and undertakings contained herein, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto agree as follows: 1. Recitals. The foregoing recitals are incorporated into this Agreement in their en‐
tirety. 2. Definitions. A. “Commencement Date” means March 1, 2014. B. “Sales Tax Revenues” means for the ten (10) years following the Com‐
mencement Date, all revenues that the City receives from retail sales tax‐
es from the State of Illinois pursuant to the Illinois Service Occupation Tax (35 ILCS 115/1 et seq.), the Illinois Retailer’s Occupation Tax (35 ILCS 120/1 et seq.), and the Home Rule Municipal Retailer’s Occupation Tax (65 ILCS 5/8‐11‐1) derived from the sale of food and merchandise at Butera Market Tyler Creek Plaza, and all sales tax revenues the City re‐
ceives from retail sales of alcoholic liquor in original packages for con‐
sumption off the premises derived from Butera Market Tyler Creek Plaza pursuant to Chapter 4.21 of the Elgin Municipal Code, 1976, as amended. 3. “Fast‐Track” Permitting Process and Waiver of Building Permit Fees for the Sub‐
ject Project. 2
A. The City agrees to conduct a “fast‐track” permitting process for the Sub‐
ject Project and agrees to waive and not require Developer to pay any building permit fees which would otherwise be due and payable to the City in connection with the establishment of Butera Market Tyler Creek Plaza. The provisions of this section are intended and shall be construed to apply only to the building permit fees. B. Any and all impact fees or other fees which may be due and owing to the City and/or any other governmental entity other than the City shall be paid by Developer. 4. Issuance of Local Alcoholic Liquor Dealers License for Retail Sale of Package Liq‐
uors. A.
The City agrees to issue a Class B alcoholic liquor dealers license for li‐
cense for Butera Market Tyler Creek Plaza store authorizing the retail sale of alcoholic liquor, on the premises specified, solely in the original pack‐
age not for consumption on the premises. B.
The City’s issuance of a Class B alcoholic liquor dealers license for Butera Market Tyler Creek Plaza is expressly conditioned on Developer or Butera Market Tyler Creek Plaza otherwise meeting all applicable ordinances and statutes governing the issuance of a local alcoholic liquor dealers license. C.
5. Any and all application fees, license fees or other fees which may be due and owing to the City and/or any other governmental entity in connec‐
tion with the issuance of a Class B alcoholic liquor dealers license for Butera Market Tyler Creek Plaza shall be paid by Developer or Butera Market Tyler Creek Plaza. Rebate of a Portion of Sales Tax Revenues. A. The City hereby agrees to rebate and pay to the Developer a portion of the Sales Tax Revenues received by the City in accordance with this Agreement, in order to reimburse the Developer for a portion of the costs incurred by Developer in conjunction with the establishment of Butera Market Tyler Creek Plaza, all as set forth and detailed below. B. The City shall pay to the Developer a rebate of a portion of Sales Tax Rev‐
enues received by the City over the ten‐year period following the Com‐
mencement Date. Such rebate of Sales Tax Revenues from the City to the Developer shall be paid in annual installments according to the following formula: 3
i.
The City shall rebate to Developer fifty percent (50%) of the Sales Tax Revenues received by the City that have been derived from the retail sale of food, merchandise and alcoholic liquor at Butera Market Tyler Creek Plaza. ii.
The Developer, when eligible, may apply for a fifty percent (50%) Sales Tax Revenues rebate annually for ten (10) consecutive peri‐
ods. The first annual period shall commence on March 1, 2014 and shall terminate on December 31, 2015. Each of the five re‐
maining periods shall commence annually on January 1st and terminate on December 31st. iii.
The City and Developer agree that the City shall not be reimburse Developer more than five hundred thousand dollars ($500,000.00) under the terms of this Agreement. C. D. Notwithstanding any other provision of this Agreement to the contrary, it is agreed and understood that the amount of the rebates of Sales Tax Revenues provided herein have been agreed to based upon the current share of sales taxes received by the City in the amount of 2.25 percent, being 1 percent from the State of Illinois and 1.25 percent of the City’s home rule tax. It is further agreed and understood that in the event the City’s share of sales taxes is reduced from the current amount of 2.25 percent during the five years following the Commencement Date that the subsequent rebate of Sales Tax Revenues from the City to the Developer shall be reduced proportionately. In the event of any conflict between the provisions of this paragraph and any other provisions of this Agree‐
ment, the provisions of this paragraph shall supersede and control. The city shall pay to the Developer, when eligible, the annual installments of the rebates of Sales Tax Revenues provided for herein within ninety (90) days of each of the ten (10) annual anniversaries of the Commence‐
ment Date and the City having determined the amount of sales and Sales Tax Revenues generated by Butera Market Tyler Creek Plaza in the pre‐
ceding year. In the event the State of Illinois fails to distribute documen‐
tation to the City providing for the sales and Sales Tax Revenues generat‐
ed by Butera Market Tyler Creek Plaza in sufficient time for the City to make the annual payments, then the City shall provide notice of such fact to the Developer. In such event, the City shall make the required Sales Tax Revenue rebate payment to the Developer within sixty (60) days after the date on which the City actually receives the supporting documenta‐
tion for the applicable payment. E. At the time of each filing of an Illinois Department of Revenue form ST‐1 or any successor reporting form with the Illinois Department of Revenue 4
by Butera Market Tyler Creek Plaza, the Developer shall cause a copy of such form to be filed with the Treasurer of the City or such other official as the City may designate. Within twenty (20) days after the Treasurer or other official receives an ST‐1 Form, the Treasurer or other official shall calculate and certify to the City the amount of sales tax revenues due to the Developer in accordance with this Agreement. The City and its Treas‐
urer and other officials shall keep strictly confidential all information in the ST‐1 Form, except to the extent that disclosure is necessary to third parties for the proper administration of this Agreement, or is required by law or under this Agreement. F. Developer, as a condition of the City’s obligation to pay to such Sales Tax Revenue rebate, shall be required to perform and observe the following covenants, collectively referred to as the “Butera Market Tyler Creek Plaza Reporting and Compliance Obligations”: (i) (ii) (iii) (iv) Make written request that the Local Tax Division of the Illinois Department of Revenue (“LTD‐IDOR”), or such successor to such agency, supply to the City on an annual basis a letter certifying the amount of Sales Tax Revenues received by the City for Butera Market Tyler Creek Plaza operations during the preceding twelve (12) month period, with such letter from the LTD‐IDOR certifying the amount of sales tax revenue received by the City from Butera Market Tyler Creek Plaza being hereinafter referred to as a “IDOR Sales Tax Revenue Certification Letter.” Take all additional actions as may reasonably be necessary in order to for the City to obtain the information to insure the accurate calculation of Sales Tax Revenues from Butera Market Tyler Creek Plaza; Supply or cause to be supplied to the City appropriate authorizations for the Illinois Department of Revenue to provide such information, including copies of filings with the Illinois Department of Revenue made by the Developer and/or Butera Market Tyler Creek Plaza. Upon written request of the City, provide a power of attorney in favor of the City in a form reasonably satisfactory to the LTD‐
IDOR, authorizing the City to request and retrieve gross revenue and other information necessary to allow the City to compute the Sales Tax Revenues. (v) Upon the request of the City, provide to the City copies of any form ST‐1 or form ST‐556, or any successor reporting forms, filed 5
with the Illinois Department of Revenue by Butera Market Tyler Creek Plaza. G. Developer and the City agree to cooperate and take all additional actions as may reasonably be necessary in order to obtain the necessary infor‐
mation and to insure the accurate collection of deposits of Sales Tax Rev‐
enues. The City agrees to take all actions necessary to provide for the sys‐
tematic receipt of sales tax information for Butera Market Tyler Creek Plaza from the Illinois Department of Revenue. To assist the City, Devel‐
oper will supply or cause to be supplied to the City appropriate authoriza‐
tions for the Illinois Department of Revenue to provide such information, including copies of filings with the Illinois Department of Revenue made by Butera Market Tyler Creek Plaza. Developer shall cause Butera Market Tyler Creek Plaza, upon written request of the City, to provide a Power of Attorney in a form reasonably satisfactory to the Illinois Department of Revenue, authorizing the City to request and receive gross revenue and other information necessary to allow the City to compute the amount of Sales Tax Revenues. H. Notwithstanding any other provision of this Agreement to the contrary, it is agreed and understood that the City’s obligation under this Agreement to rebate a portion of Sales Tax Revenues shall not be a general debt of the City on or a charge against its general credit or taxing powers, and shall constitute a special limited obligation payable solely and only out of the Sales Tax Revenues received by Butera Market Tyler Creek Plaza. The Developer shall have no right, and agrees that it shall not, compel any ex‐
ercise of the taxing power of the City to pay the Sales Tax Revenues re‐
bates, and no execution of any claim, demand, cause of action, or judg‐
ment shall be levied upon or collected from the general credit, general funds, or any other property of the City. The payments of a rebate of a portion of Sales Tax Revenues by the City to the Developer as provided for in this Agreement shall not constitute an indebtedness of the City or a loan or a liability of the City within the meaning of any constitutional or statutory provision. No interest shall be due, owing or paid by the City with respect to the rebate of any Sales Tax Revenues. 6. Contingencies. A.
Notwithstanding any other provision of this Agreement to the contrary, it shall be a condition precedent to the obligations of the City under this Agreement that Developer continues operating both Butera Market Tyler Creek Plaza and the Butera Market grocery store at 1 Clock Tower Plaza, Elgin, Illinois simultaneously for a period of not less than ten (10) years following the Commencement Date. 6
B. C. Developer shall post or cause to be posted in favor of the City a perfor‐
mance bond, letter of credit, personal guarantee, property lien or such other instrument acceptable to the City before any sales tax rebate is paid to Developer. The performance bond, letter of credit or such other instrument shall be in an amount equal to any sales tax rebate being sought by Developer plus the amount of any sales tax rebate previously paid by the City to Developer under the terms of this Agreement. In the event Developer fails to continue simultaneously operating both Butera Market Tyler Creek Plaza and the Butera Market grocery store at 1 Clock Tower Plaza, Elgin, Illinois for a period of not less than ten (10) years following the Commencement Date, or in the event that any other of the foregoing contingencies of this Agreement are not satisfied, then the City, upon written notice to the Developer, may elect to terminate this Agreement, and thereupon this Agreement shall be null and void and of no further force and effect without any further obligations of the City hereto. All funds paid by the City to Developer pursuant to this Agree‐
ment shall be returned to the City by Developer within ten (10) days. 7. Miscellaneous. A. That this Agreement shall not be deemed or construed to create an em‐
ployment, joint venture, partnership, or other agency relationship be‐
tween the parties hereto. B. That all notices or other communications hereunder shall be made in writing and shall be deemed given if personally delivered or mailed by registered or certified mail, return receipt requested, to the parties at the following addresses, or at such other addressed for a party as shall be specified by like notice, and shall be deemed received on the date on which said hand delivered or the second business day following the date on which so mailed: TO THE CITY: TO THE DEVELOPER: City of Elgin Paul Butera, Jr. 150 Dexter Court Vice President Elgin, IL 60120‐5555 Butera Market 1 Clock Tower Plaza Attention: Richard G. Kozal Elgin, IL 60120 7
With a copy of any such notice to: City of Elgin 150 Dexter Court Elgin, IL 60120‐5555 Attention: William A. Cogley, Corporation Counsel C. That the failure by a party to enforce any provision of this Agreement against the other party shall not be deemed a waiver of the right to do so thereafter. D. That this Agreement may be modified or amended only in writing signed by both parties hereto, or their permitted successors or assigns, as the case may be. E. That this Agreement contains the entire agreement and understanding of the parties hereto with respect to the subject matter as set forth herein, all prior agreements and understandings having been merged herein and extinguished hereby. F. That this Agreement is and shall be deemed and construed to be a joint and collective work product of the City and the Developer and, as such, this Agreement shall not be construed against the other party, as the otherwise purported drafter of same, by any court of competent jurisdic‐
tion in order to resolve any inconsistency, ambiguity, vagueness or con‐
flict, if any, in the terms or provisions contained herein. G. That this Agreement is subject to and shall be governed by the laws of the State of Illinois. H. That this Agreement shall be binding on the parties hereto and their re‐
spective successors and permitted assigns. This Agreement and the obli‐
gations herein may not be assigned without the express written consent of each of the parties hereto, which consent may be withheld at the sole discretion of either the parties hereto. I. The City and Developer agree that, in the event of a default by the other party, the other party shall, prior to taking any such actions as may be available to it, provide written notice to the defaulting party stating that they are giving the defaulting party thirty (30) days within which to cure such default. If the default shall not be cured within the thirty (30) days period aforesaid, then the party giving such notice shall be permitted to avail itself of remedies to which it may be entitled under this Agreement. 8
J. If either party fails or refuses to carry out any of the material covenants or obligations hereunder, the other party shall be entitled to pursue any and all available remedies as specified herein or otherwise available at law, equity or otherwise. Notwithstanding the foregoing or anything else to the contrary in this Agreement, with the sole exception of an action to recover the monies the City has agreed to pay pursuant to the preceding Section 3 hereof, no action shall be commenced by the Developer against the City for monetary damages. Venue for the resolution of any disputes or the enforcement of any rights pursuant to this Agreement shall be in the Circuit Court of Kane County, Illinois. In the event any action is brought by the City against the Developer or its permitted assigns with respect to this Agreement and the City is the prevailing party in such ac‐
tion, the City shall also be entitled to recover from the Developer reason‐
able interest and reasonable attorney's fees. K. Time is of the essence of this Agreement. L. This Agreement shall be construed, and the rights and obligations of the City and the Developer hereunder shall be determined in accordance with the laws of the State of Illinois without reference to its conflict of laws rules. M. No past, present or future elected or appointed official, officer, employ‐
ee, attorney, agent or independent contractor of the City shall be charged personally or held contractually liable under any term or provi‐
sion of this Agreement including, but not limited to, because of their ne‐
gotiation, approval, execution or attempted execution of this Agreement. N. Notwithstanding any other provisions of this Agreement, it is expressly agreed and understood by the Developer and the City that in connection with the performance of this Agreement, including, but not limited to, es‐
tablishing Butera Market Tyler Creek Plaza, that Developer shall comply with all applicable federal, state, city and other requirements of law. De‐
veloper shall also at its expense secure all permits and licenses, pay all charges and fees and give notices necessary and incident to the due and lawful prosecution of the work necessary to provide for the establish‐
ment of Butera Market Tyler Creek Plaza. Without limiting the foregoing, and notwithstanding anything to the contrary in this Agreement, Devel‐
oper and its contractors and subcontractors shall comply with the Prevail‐
ing Wage Act in all respects relating to the improvements to Butera Mar‐
ket Tyler Creek Plaza. O. To the fullest extent permitted by law, Developer agrees to and shall in‐
demnify, defend and hold harmless, the City, its officials, officers, em‐
ployees, attorneys, agents, boards and commissions from and against any 9
and all claims, suits, judgments, costs, attorney’s fees, damages or other relief, including but not limited to workers’ compensation claims, in any way resulting from or arising out of or alleged to be resulting from or aris‐
ing out of negligent actions or omissions of the Developer in connection herewith, including negligence or omissions of employees, agents or sub‐
contractors of the Developer arising out of the performance of this Agreement, or in any way resulting from or arising out of or alleged to be resulting from or arising out of any violation and/or breach of the terms or provisions of this Agreement by the Developer, including any violation and/or breach by employees, agents or subcontractors of the Developer. In the event of any action against the City, its officials, officers, employ‐
ees, agents, attorneys, boards or commissions covered by the foregoing duty to indemnify, defend and hold harmless such action shall be de‐
fended by legal counsel of the City’s choosing the costs of which shall be paid by the Developer. The provisions of this paragraph shall survive any termination, completion and/or expiration of this Agreement. P. To the fullest extent permitted by law, Developer agrees to and shall in‐
demnify, defend and hold harmless the City, its officials, officers, em‐
ployees, attorneys, agents, boards and commissions, from and against any and all third party claims, suits, judgments, costs, attorneys’ fees, ex‐
pert witness fees and expenses, damages or other relief, in any resulting from or arising out of or alleged to be resulting from or arising out of the existence of this Agreement, the provisions of this Agreement, the per‐
formance of this Agreement, and/or any other actions to the parties hereto provided for or arising from this Agreement. In the event of any action against the City, its officials, officers, employees, agents, attorneys, boards or commissions, covered by the foregoing duty to indemnify, and defend and hold harmless, such action shall be defended by legal counsel of the City’s choosing and the costs of which will be paid for by the De‐
veloper. Additionally, in the event of such third party action the Develop‐
er to the extent permitted by law shall upon the request of the City at‐
tempt to intervene in such proceedings and join the City in the defense thereof. Q. Developer agrees to and shall provide to the City written reports on the status of Butera Market Tyler Creek Plaza. Such written reports shall be provided to the City upon request of the City. Such written reports shall contain a status report on construction activities and such other infor‐
mation as may be requested by the City. R. Developer, on behalf of itself and its respective successors, assigns and grantees of Butera Market Tyler Creek Plaza hereby acknowledges the propriety, necessity and legality of all of the terms and provisions of this Agreement and does hereby further agree and does waive any and all 10
rights to any and all legal or other challenges or defenses to any of the terms and provisions of this Agreement and hereby agrees and covenants on behalf of itself and its successors, assigns and grantees of Butera Mar‐
ket Tyler Creek Plaza, not to sue the City or maintain any legal action or other defenses against the City with respect to any challenges of the terms and provisions of this Agreement. The provisions of this paragraph shall survive any termination, completion and/or expiration of this Agreement. IN WITNESS WHEREOF, the City and Butera Finer Foods, Inc. have executed this Agree‐
ment on the date first set forth above. CITY OF ELGIN, BUTERA FINER FOODS, INC., an Illinois municipal corporation an Illinois corporation By:________________________________ By:_____________________________________ David J. Kaptain, Mayor Attest: _________________________________ Kimberly Dewis, City Clerk 11
Item G
DEMOLITION ASSISTANCE RELATED
TO THE PROPERTY AT 212 DUNDEE
STREET
MATERIALS TO FOLLOW