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06202022 City Council Packet ext
5 5 W . T O M P K I N S S T R E E T G A L E S B U R G , I L 6 1 4 0 1 W W W .C I .G A L E S B U R G .I L .U S City Council Agenda June 20, 2022 City Council Meeting Agenda City of Galesburg, Illinois City Council Chambers June 20, 2022 Galesburg City Council meetings are streamed live on the City’s website and Comcast channel 7. 5:30 p.m. Roll Call Pledge of Allegiance Invocation Approve Minutes from June 6, 2022 Presentation i3 Broadband Presentation Housing Repair Assistance Program Presentation Blue Ribbon Award – 1130 Maple Avenue Consent Agenda #2022-12 22-2033 Resolution TIF transfer from TIF 2 to TIF 4 for a facade grant agreement with Iron Spike Brewing Company, LLC for a project located at 150 E Simmons St. 22-2034 Resolution TIF transfer from TIF 2 to TIF 4 for a facade grant agreement with The Bar 65, Inc for a project located at 65 S Cherry St. 22-2035 Resolution TIF transfer from TIF 2 to TIF 4 for a Tax Increment Financing agreement with Knox-Galesburg Symphony for a project located at 95 N Seminary 22-2036 Resolution IHDA SFR Housing Rehabilitation Grant Extension 22-8011 Bills and Advance Checks Approval and warrants drawn in payment of same Passage of Ordinances and Resolutions 22-1018 Ordinance Revision of Section 30.06 of the Galesburg Municipal Code regarding public participation (Final Reading) 22-1019 Ordinance Amending Chapter 90 regulating Beekeeping (Final Reading) 22-1020 Ordinance Addition of a Class A liquor license (First Reading) 22-2037 Resolution Grant for Fire Department training tower Bids, Petitions and Communications Public Comment City Manager’s Report A. TAC Report Miscellaneous Business (Agreements, Approvals, Etc.) 22-4049 Tabled Approve Tabled Agreement with Farnsworth for Community Center Master Planning 22-4059 Approve Settlement Coleman V City 22-4060 Approve Facade Grant Agreement with Iron Spike Brewing Company, LLC, 150 E Simmons Street 22-4061 Approve Facade Grant Agreement with The Bar 65, Inc, 65 S Cherry Street 22-4062 Approve TIF Redevelopment Agreement with Knox-Galesburg Symphony for a project located at 95 N Seminary Street 22-4063 Approve Demolition process on properties located at 701 N Prairie St., 213 Pine St., 1169 Lombard St., and 1145 E South St. 22-4064 Approve Real estate option agreement for property located on W. Carl Sandburg Drive Town Business 22-9013 Bills Closing Comments Adjournment CITY MANAGER’S OFFICE Operating Under Council – Manager Government Since 1957 ___________________________________________________________________________________________________________________________________________________________________________________________ Page 1 of 4 CITY COUNCIL MEETING City Manager’s Report June 20, 2022 CONSENT AGENDA #2022-12 Item 22-2033 TIF Transfer for a Facade Grant Agreement with Iron Spike Brewing Company Staff recommends approval of a resolution authorizing the transfer of $40,000 from TIF II to TIF IV. These funds will be utilized to provide redeveloper assistance to Iron Spike Brewing Company, LLC for eligible renovation costs on a building at 150 E. Simmons Street. Item 22-2034 TIF Transfer for a Façade Grant Agreement with The Bar 65 Staff recommends approval of a resolution authorizing the transfer of $22,039.91 from TIF II to TIF IV. These funds will be utilized to provide redeveloper assistance to The Bar 65, Inc for eligible renovation costs on a building at 65 South Cherry Street. Item 22-2035 TIF Transfer for a TIF agreement with Knox-Galesburg Symphony Staff recommends approval of a resolution authorizing the transfer of $156,106.92 from TIF II to TIF IV. These funds will be utilized to provide redeveloper assistance to the Galesburg Symphony Society/Knox-Galesburg Symphony for eligible renovation costs on a building at 95 N. Seminary Street. Item 22-2036 IHDA SFR Housing Rehabilitation Grant Extension Staff recommends approval of a resolution extending the Illinois Housing Development Authority’s Single Family Rehabilitation Grant Program. The City of Galesburg was awarded a total grant amount of $580,000.00 since the grant was fully executed on July 15, 2020. The City is working with Western Illinois Regional Council (WIRC) in coordinating the current grant and will rehabilitate approximately ten to twelve single family homes with these grant funds. Currently, one home has been completed and three are in progress. This resolution will extend this grant five and a half months from July 14, 2022, to December 31, 2022. Item 22-8011 Bills Bills and Advanced Checks are submitted for approval; please direct questions to Gloria Osborn, Director of Finance and Information Systems. ORDINANCES AND RESOLUTIONS Item 22-1018 Revision of Section 30.06 Regarding Public Participation (Final Reading) Staff recommends approval of amending Chapter 30 of the Galesburg Municipal Code to amend the time allotted to a speaker for public comment from three minutes to five minutes. ___________________________________________________________________________________________________________________________________________________________________________________________ Page 2 of 4 Item 22-1019 Amending Chapter 90 Regulating Beekeeping (Final Reading) Staff recommends approval of amending Chapter 90 of the Galesburg Municipal Code regarding Beekeeping. The current ordinance only indicates no person shall keep or maintain bees in any residential area in such a manner as to cause inconvenience or disturbance to other persons by reason of the swarming or stinging of the bees. The Illinois Department of Agriculture (IDOA) requires all beekeepers to register with IDOA and be inspected. The proposed ordinance would require every person maintaining or keeping bees to provide the city a copy of the registration and inspection certificate. All apiaries shall be identified by having the Illinois registration number in weatherproof lettering on the front of the hive, providing a source of water and a need to requeen if there are aggressive characteristics. Item 22-1020 Addition of a Class A liquor license (First Reading) Staff recommends approval of amending Section 113.043 (A) of the Galesburg Municipal Code to increase the limitation of class A-1 liquor licenses from 25 to 26. The new owners of Knox Investments, Inc. (d/b/a Showgirls) were approved for an Adult Establishment License and would like to reapply for a liquor license. A Class A-1 license would authorize Showgirls to sell alcoholic liquor for consumption either on or off the premises. They also plan to apply for gaming with the State of Illinois Gaming Board. Item 22-2037 Grant for Fire Department Training Tower Staff recommends approval of acceptance of $200,000 in grant funds dedicated to construction of a new training tower for Galesburg Fire Department, as well as dedicating city funding for the remainder of the project that would not be covered by grant funding. The existing tower is used to provide realistic fire and rescue training for Galesburg Fire Department, as well as other local departments. The tower is 18 years old, and no longer structurally safe to continue to use. Staff have applied for and received $200,000 in grant funding from Illinois Department of Commerce and Economic Opportunity. Based on preliminary estimates, it is believed that it would cost approximately $325,000.00 to construct a new tower. An estimated $125,000.00 in city funding would be needed in addition to the grant in order to complete construction of a new fire training tower. BIDS, PETITIONS AND COMMUNICATIONS CITY MANAGER’S REPORT A. TAC Report MISCELLANEOUS BUSINESS (Agreements, Approvals, Etc.) Item 22-4049 (TABLED) Agreement with Farnsworth for Community Center Master Planning Staff recommends approval of an agreement for professional services from Farnsworth Group in the amount of $18,800 plus time and material for development of a master plan for a future Community Recreation Center. Farnsworth Group has experience in developing recreational/community centers. The goal of the master planning study is to establish, through a consensus process, a program of spaces and activities the proposed facility needs to accommodate. It is proposed for the cost of the professional services agreement to be paid from the General Fund, 160 - 59500. ___________________________________________________________________________________________________________________________________________________________________________________________ Page 3 of 4 Item 22-4059 Settlement Coleman V. City Staff recommends approval of a settlement agreement and release of claims, which provides that Steven Coleman and his related entities will release the City from any claims they may have, including the pending federal case 19-CV-4096. The officers named in this lawsuit will be dismissed, and the settlement is only with the City of Galesburg. Mr. Coleman will receive a monetary payment of $180,000, and forgiveness of certain fines and fees for his business entities valued at approximately $3,100. Additionally, the City agrees not to object to any effort made by Mr. Coleman to expunge his records relating to his arrest on June 19, 2018. The settlement is not an admission of liability. The City will make a portion of the payment, estimated to be approximately $140,000, with the remainder being paid by the City’s insurer. Item 22-4060 Facade Grant Agreement with Iron Spike Brewing Company The Facade Advisory Committee recommends approval of a Façade grant agreement with Iron Spike Brewing Company, LLC for improvements at 150 E. Simmons Street. The proposed project would replace 10 of the second story arched windows with single hung arched windows, three of the second story rectangular windows on the east side with double hung rectangular windows and one fixed window on the first floor. Tuckpointing and a water repellant brick sealer will be applied to also help keep water out of the building. Once the work is completed, it will allow the business to reopen and utilize the second floor and estimated six jobs will be created. The estimated total façade project cost is $151,030 and they are eligible to request up to $40,000 or 26.4848% of the actual final project costs, whichever is less, through the façade grant program. The remaining funds to complete the project will be paid by the owner. Item 22-4061 Facade Grant Agreement with The Bar 65 The Facade Advisory Committee recommends approval of a Façade grant agreement with The Bar 65, Inc. for improvements at 65 S. Cherry Street. The proposed project includes tuckpointing, adding a rear exit door under an existing window header, replacing six second story windows (currently boarded up), relocating furnace vent pipes that currently exit through the boarded-up windows, replacing the rear exit door, adding a wall sign above the rear door, adding a light above the new sign, new gutters and painting the rear façade. This project, once completed, would allow for the potential redevelopment and use of the 2nd floor. The estimated total façade project cost is $44,079.82 and they are eligible to request up to $22,039.91 or 50% of the actual final project costs, whichever is less, through the façade grant program. The remaining funds to complete the project will be paid by the owner. Item 22-4062 TIF Redevelopment Agreement with Knox-Galesburg Symphony Staff recommends approval of a Tax Increment Financing (TIF) Redeveloper Agreement with Galesburg Symphony Society/Knox Galesburg Symphony for the property located at 95 N Seminary Street. The project will include a complete renovation of approximately 3,800 square feet of the underutilized building at 95 N Seminary Street. The entire layout of the first floor will be renovated including teaching and practice studios for private lesson and individual practice, a dedicated piano instruction studio, a flex classroom/rehearsal space, a multifunction space for small recital performances (audiences of around 40 people), and two administrative/workshare office spaces. The Galesburg Symphony has one full-time and 62 part-time existing jobs. When this project is completed, they anticipate creating six to nine additional part-time jobs. The estimated total renovation cost is $1,040,712.80 and the proposed incentive would be ___________________________________________________________________________________________________________________________________________________________________________________________ Page 4 of 4 approximately 15% of the eligible expenses ($156,106.92), which would be paid out in equal installments over a three-year period. The remainder of the expenses would be paid for by the owner. Item 22-4063 Initiation of Demolition Process Staff recommends approval of authorizing staff to move forward with seeking orders for demolition for properties located at 701 N Prairie Street, 213 Pine Street, 1169 Lombard Street, and 1145 E South Street. The properties are in a dilapidated and unsafe condition. The Building Inspector sent the required notifications to the property owners requesting the properties are brought into compliance. Upon reinspection, no repairs had been made to the properties. Demolition costs are estimated to be: • 701 N Prairie St (Residence and Detached Garage)- $18,000- $20,000 • 213 Pine St (Residence)- $15,000- $18,000 • 1169 Lombard St (Garage)- $4,000- $6,000 • 1145 E South St (Residence and Detached Garage)- $15,000- $18,000 Item 22-4064 Real Estate Option Agreement Staff recommends approval of a non-exclusive option to purchase real estate agreement for property on West Carl Sandburg Drive. The City of Galesburg is the owner of approximately 2.96 acres of property located on W Carl Sandburg Drive. Numerous developers have contacted the City about submitting the lot as a potential location in response to a request for proposals from the Department of Veteran Affairs to establish a community-based outpatient clinic (CBOC). The developer would own the property and construct a building, which would be leased to the Department of Veteran Affairs. The City is proposing to enter into this agreement with any developer submitting a proposal for this project. Only the developer selected for the project will have the authority to exercise the option and purchase the property from the City at the price of $250,000.00. TOWN BUSINESS Item 22-9013 Town Bills Respectfully submitted, Wayne Carl Interim City Manager Galesburg City Council Regular Meeting City Council Chambers 55 West Tompkins Street, Galesburg, Illinois June 6, 2022 5:30 p.m. Called to order by Mayor Peter Schwartzman at 5:30 p.m. Roll Call #1:Present:Mayor Peter Schwartzman,Council Members Bradley Hix,Wayne Dennis, Kevin Wallace,Dwight White,Jaclyn Smith-Esters,Sarah Davis,and Larry Cox,8.Also Present: Interim City Manager Wayne Carl, City Attorney Brad Nolden, and City Clerk Kelli Bennewitz. Mayor Schwartzman declared a quorum present. The Pledge of Allegiance was recited. Monica Corsaro gave the invocation. Council Member Smith-Esters moved,seconded by Council Member Wallace,to approve the minutes of the City Council’s regular meeting from May 16, 2022. Roll Call #2: Ayes:Council Members Hix, Dennis, Wallace, White, Smith-Esters, Davis, and Cox, 7. Nays:None Absent:None Chairman declared motion carried. CONSENT AGENDA #2022-11 All matters listed under the Consent Agenda are considered routine by the City Council and will be enacted by one motion. 22-2029 Approve Resolution 22-25 declaring the month of June as LGBTQIA+ Pride Month. 22-2030 Approve MFT Resolution in the amount of $350,000 for the Monmouth Boulevard improvement project. 22-2031 Approve Resolution 22-26 approving the temporary close of Main Street for the River 2 River Cruise Night on Friday, August 19, 2022. 22-3021 Approve the bid from D&T Demolition LLC in the amount of $212,250 for the demolition and clean-up of eleven properties. June 6, 2022 Page 1 of 7 22-4053 Approve a subordination agreement with Innovative Proteins Manufacturing and JPMorgan Chase Bank N.A. 22-4054 Approve a letter of understanding with the Illinois Department of Transportation (IDOT)for the West Street reconstruction project. 22-4055 Approve membership with the Western Illinois Regional Council with an annual membership fee of $17,077.80. 22-5009 Receive the Motor Fuel Tax Compliance Review Report for January 1,2021,and ending December 31, 2021. 22-8010 Approve bills in the amount of $818,825.68 and advance checks in the amount of $886,302.73. Council Member Davis moved,seconded by Council Member Smith-Esters,to approve Consent Agenda 2022-11. Roll Call #3: Ayes:Council Members Hix, Dennis, Wallace, White, Smith-Esters, Davis, and Cox, 7. Nays:None Absent:None Chairman declared motion carried by omnibus vote. PASSAGE OF ORDINANCES AND RESOLUTIONS 22-1017 Council Member Cox moved,seconded by Council Member Dennis,to approve Ordinance 22-3672 on final reading directing the sale of twenty-two vacant City-owned properties. Community Development Director Steve Gugliotta explained that the Request for Bid document will include two options for submitting a bid.The first option is a Development Plan bid where the bidder submits detailed information on their plans for the property.This option gives the City more control over the proposed use of the property.The second option is No Development Plan bid,which all allows a person to purchase a property without submitting plans for future redevelopment. There is a requirement of a minimum bid of $100 for all tracts. Roll Call #4: Ayes:Council Members Hix, Dennis, Wallace, White, Smith-Esters, Davis, and Cox, 7. Nays:None Absent:None Chairman declared motion carried. June 6, 2022 Page 2 of 7 22-1018 Ordinance on first reading amending Chapter 30 of the Galesburg Municipal Code amending the time limit of a speaker from three minutes to five minutes. 22-1019 Ordinance on first reading amending Chapter 90 of the Galesburg Municipal Code regulating Beekeeping. 22-2032 Council Member Smith-Esters moved,seconded by Council Member Davis,to approve Resolution 22-27 in support of the Housing Repair Assistance Program for Owner-Occupied Single Family Residences.The program is designed to provide financial assistance in the form of a grant (up to $4,500) to low-to-moderate income owner-occupied homes. Council Member Cox inquired about advertising.Interim City Manager Carl stated that it would be posted on the City ’s website as well as the various social media outlets.It will also be sent to other non profit organizations. Council Member Smith-Esters asked if the application could be streamlined and shortened. Community Development Director Steve Gugliotta stated that the application itself is four pages and that Judy Guenseth,Housing Coordinator,will be able to assist people in completing it if needed and that if information is missing,she would be able to walk individuals through the process so that a complete application is submitted. Roll Call #5: Ayes:Council Members Hix, Dennis, Wallace, White, Smith-Esters, Davis, and Cox, 7. Nays:None Absent:None Chairman declared motion carried. BIDS, PETITIONS, AND COMMUNICATIONS 22-3022 Council Member Smith-Esters moved,seconded by Council Member White,to approve the bid submitted by Brandt Construction Co.in the amount of $1,443,400.79 for improvements on Monmouth Boulevard from Henderson Street to Academy Street. Roll Call #6: Ayes:Council Members Hix, Dennis, Wallace, White, Smith-Esters, Davis, and Cox, 7. Nays:None Absent:None Chairman declared motion carried. PUBLIC COMMENT Christina King addressed the Council and thanked them for recognizing and approving the Pride Month resolution.She thanked the Community Relations Commission,which she chairs,for June 6, 2022 Page 3 of 7 their support and compassion.She also thanked Monica Corsaro for her comments and statistics regarding children and suicide and believes this resolution is life-saving to many. Deb Sugai addressed the Council and stated that she is president of the Knox County Historical Society.She noted that they have adopted Peck Park and would like to request electricity be installed for events. The Mayor noted that someone from the City would reach out to her. Gorette Kupa addressed the Council and commented that Galesburg has given her and her family many opportunities,especially coming from a different culture.She noted that her first language is French and that she understands there is a language barrier with her community. She hopes that in the future it is more well known in Galesburg where people can go to learn English.She announced that there will be a celebration in honor of the Congolese Independence Day July 2nd.She hopes this will be an opportunity to integrate with the community and explain their culture better. Kendall Bolen addressed the Council and asked if an ordinance could be brought to the Council for regulating side-by-side vehicles.The Mayor thanked him for his interest and he believes it could be added to the next agenda and that he would reach out to him tomorrow. Robert Cain noted to the Council that there were several homeless individuals in the gazebo in Standish Park and that for everyone’s safety it needs to be addressed.He also feels that motorbikes and scooters need to be regulated. CITY MANAGER’S REPORT MISCELLANEOUS BUSINESS (Agreements, Approvals, Etc.) 22-4056 Council Member Smith-Esters moved,seconded by Council Member Cox,to approve a Revolving Loan in the amount of $250,000 for a period of five years to IPREH,LLC.This loan will be amortized over ten years at 5.50% and the first five months of payment will be interest only. Ken Springer,President of the Knox County Area Partnership for Economic Development, introduced Matthew Dorothy and Jerry Zimmerman with IPREH,LLC,and noted that since 2020, IPREH has been successful in getting its Galesburg operation up and running and is a true economic development success story.Both Dorothy and Zimmerman thanked the City for their partnership and support and are excited about growing their business in Galesburg.They anticipate hiring an additional 25 employees over the next three years. Roll Call #7: Ayes:Council Members Hix, Dennis, Wallace, White, Smith-Esters, Davis, and Cox, 7. Nays:None Absent:None Chairman declared motion carried. 22-4057 June 6, 2022 Page 4 of 7 Council Member Smith-Esters moved,seconded by Council Member Cox,to approve a 2022 Classification and Salary Schedule that relates to the addition of a Transit Shop Foreman position. Roll Call #8: Ayes:Council Members Hix, Dennis, Wallace, White, Smith-Esters, Davis, and Cox, 7. Nays:None Absent:None Chairman declared motion carried. 22-4058 Council Member Davis moved,seconded by Council Member Smith-Esters,to approve a professional services agreement with Klingner and Associates in the amount of $28,500 for the renovation of the locker rooms on the second level of the Public Safety Building. Roll Call #9: Ayes:Council Members Hix, Dennis, Wallace, White, Smith-Esters, Davis, and Cox, 7. Nays:None Absent:None Chairman declared motion carried. Council Member Smith-Esters moved,seconded by Council Member Wallace,to sit as the Town Board. The motion carried. TOWN BUSINESS 22-9012 Trustee Smith-Esters moved,seconded by Trustee Cox,to approve Town bills and warrants be drawn in payment of same. Fund Title Amount Town Fund $1,286.09 General Assistance Fund $5,514.35 IMRF Fund Social Security/Medicare Fund $2,101.42 Liability Fund Audit Fund $16,000 Total $24,901.86 Roll Call #10: Ayes:Trustees Hix, Dennis, Wallace, Smith-Esters, White, Davis, and Cox, 7. Nays:None Absent:None Chairman declared motion carried. Council Member Smith-Esters moved,seconded by Council Member Davis,to resume as the City Council. The motion carried. CLOSING COMMENTS June 6, 2022 Page 5 of 7 Council Member Smith-Esters announced that the Galesburg on Track and Community Development Department ’s Community Blue Ribbon Award winner is the home of Kevin and Carol Lynn,1130 Maple Avenue.This award celebrates and recognizes Galesburg properties that reflect a positive image for the neighborhood and town and citizens are urged to nominate properties. Council Member Davis stated that she is excited that the City approved the Pride Month resolution which shows support to the public and allows them to see themselves reflected in their leadership.She hopes members of the LGBTQI+community have the freedom to be who they are and she hopes we continue to pursue equality in our society for all. Council Member Cox was glad to see the approval tonight to take steps to ensure the PSB locker room is improved.He inquired about the number of sworn officers vs.how many are currently employed.Police Chief Idle stated that the Department budgeted for 51 sworn personnel but currently has 43 officers.He noted that they possibly have three candidates they hope could attend PTI in August.Another recruitment effort could take place in October if allowed by the Fire & Police Commission; however, he feels that the pool of applicants will be low again. Discussion was held on the statutory age limit for an officer and the pension benefits,which are both set by state law.It was noted that the City is looking at a hiring incentive and discussing options at this time.Chief Idle also noted that lateral transfers are advantageous since no additional schooling is necessary. Council Member Hix stated that he had the pleasure of meeting a former Galesburg resident, Shelby Martin, while on vacation in Alaska. Council Member Wallace thanked those in attendance at the meeting.He also stated that the locker room situation at the PSB has always been an issue but that with more diversity in the Department,the upgrades are necessary.He also feels that an incentive program would be beneficial. Council Member White stated that he was happy to see Ms.Kupa attended the meeting and is looking forward to working with the Congolese community.He added that he loves Galesburg and feels safe here but that his heart goes out to the country in light of all the news recently. He is dismayed to see all the politicians attacking each other instead of working together. Mayor Schwartzman stated that it has been a memorable evening with several approvals on the agenda --the Pride Month Resolution,the Housing Repair Assistance Program,and the loan agreement with IPREH, LLC, just to name a few. He noted that since the last Council meeting,we have celebrated Memorial Day.Many have given their lives serving our country.His two grandfathers served and survived and taught him a lot through their courage and dedication.The Mayor also remembered a former student,Lexie Kamerman,who lost her life while volunteering in Afghanistan.She was a dedicated and June 6, 2022 Page 6 of 7 courageous student who loved water polo and noted that it ’s important to remember people like her. He reported that this past weekend he met with four filmmakers from New Zealand who are making a documentary on the life of Chris Spears and his dog,Rossi,who served two tours in Afghanistan.He noted that they hope to have the premier of the documentary here at the Orpheum Theatre. Council Member Cox moved,seconded by Council Member Smith-Esters,to adjourn into Executive Session at 6:32 p.m.for the purposes of discussing litigation and the approval of the minutes from the April 26th and May 2nd,2022,executive session meetings (5 ILCS 120/2 (c) (11) and (21). Roll Call #11: Ayes:Council Members Hix, Dennis, Wallace, White, Smith-Esters, Davis, and Cox, 7. Nays:None Absent:None Chairman declared motion carried. During the Executive Session,Council Member Cox,seconded by Council Member Davis,to adjourn the Executive Session at 7:04 p.m. Roll Call #12: Ayes:Council Members Hix, Dennis, Wallace, White, Smith-Esters, Davis, and Cox, 7. Nays:None Absent:None Chairman declared motion carried. There being no further business,Council Member Wallace,seconded by Council Member White, to adjourn the regular meeting at 7:04 p.m. Roll Call #13: Ayes:Council Members Hix, Dennis, Wallace, White, Smith-Esters, Davis, and Cox, 7. Nays:None Absent:None Chairman declared motion carried. Peter D. Schwartzman, Mayor Kelli R. Bennewitz, City Clerk June 6, 2022 Page 7 of 7 Prepared by GUG Page 1 of 1 COUNCIL LETTER CITY OF GALESBURG JUNE 20, 2022 AGENDA ITEM: Resolution authorizing the transfer of funds from the Tax Increment Financing (TIF) District II fund to the TIF IV fund. SUMMARY RECOMMENDATION: The City Manager and Director of Community Development recommend approval of the resolution. BACKGROUND: The Illinois Tax Increment Allocation Redevelopment Act (the TIF Act), provides specifically for the transfer of funds from one TIF district to another. Section 4 (q) of the Act [65 ILCS 5/11-74.4-4(q)] provides that a municipality may utilize revenues generated in one redevelopment project area to pay for eligible costs in another redevelopment project area if the boundaries are contiguous to the redevelopment project from which the revenues are received, the redevelopment project areas are separated only by a public right of way, and/or the redevelopment project areas are separated by a forest preserve property with a width of less than one mile. Attached for the City Council’s consideration is a resolution authorizing the transfer of $40,000 from TIF II to TIF IV. These funds will be utilized to provide redeveloper assistance to Iron Spike Brewing Company, LLC for eligible renovation costs on a building at 150 E Simmons Street. BUDGET IMPACT: The resolution provides for the transfer of $40,000 between the TIF II Fund and the TIF IV Fund. Sufficient funds are available in the TIF II Fund. SUPPORTING DOCUMENTS: 1.Resolution 22-2033 RESOLUTION NO. ___________ RESOLUTION PROVIDING FOR THE TRANSFER OF FUNDS FROM THE EAST MAIN STREET TIF DISTRICT II TO THE CENTRAL/EAST MAIN TIF IV REDEVELOPMENT PROJECT AREA TO PAY FOR ELIGIBLE COSTS WHEREAS, the City of Galesburg (the “City”) is authorized under the provisions of the Illinois Tax Increment Allocation Redevelopment Act, 65 ILCS 11-74.4-1, et seq. (the “Act”), to finance redevelopment project costs in connection with redevelopment project area established in accordance with the conditions and requirements set forth in the Act; and WHEREAS, pursuant to 65 ILCS 5/11-74.4.-4 paragraph (q) of the Act, the City is authorized to utilize revenues generated in one redevelopment project area to pay for eligible costs in another redevelopment project area if the boundaries are contiguous to the redevelopment project from which the revenues are received, the redevelopment project areas are separated only by a public right of way, and/or the redevelopment project areas are separated by a forest preserve property with a width of less than one mile; and WHEREAS, the City desires to transfer funds from the East Main Street TIF (also referred to as “TIF II”) Special Tax Allocation Fund (the “TIF II Fund”) to the Central/East Main TIF (also referred to as “TIF IV”) Special Tax Allocation Fund (the “TIF IV Fund”) to pay for eligible redevelopment project costs within TIF IV; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Galesburg, Illinois as follows: 1. That the City Council hereby finds that, pursuant to the requirements of the Act, the boundaries of TIF II and TIF IV are contiguous, as shown in the attached map. 2. That the Tax Increment Financing Redevelopment Plan and Project for TIF IV, dated February 19, 2008, states on page 41 the following with respect to sources of funds: “If available, revenues from other economic development funding sources, public or private, will be utilized. These may include…applicable revenue from any adjoining Tax Increment Financing Area…” 3. That the Tax Increment Financing Redevelopment Plan and Project for TIF II, dated August 12, 2009, states on page 22 the following with respect to sources of funds: “If available, revenues from other economic development funding sources, public or private, will be utilized. These may include…property tax increment from any adjoining Tax Increment Financing Areas…” 4. That the City Council authorizes the Director of Finance and Information Systems to make a transfer in the amount of $40,000 from the TIF II Fund to the TIF IV Fund to assist with the financing of a project, specifically, funds will be used for eligible renovation costs to be made at 150 E Simmons Street in furtherance of the objectives of the redevelopment plan identified above. 5. That this resolution shall take effect immediately from and after its passage. Approved this day of , 2022 , by a roll call vote as follows: Roll Call #: Ayes:________________________________________________________________________ Nays:________________________________________________________________________ Absent:______________________________________________________________________ Abstain:______________________________________________________________________ ______________________________ Peter Schwartzman, Mayor ATTEST: ____________________________ Kelli R. Bennewitz, City Clerk Prepared by GUG Page 1 of 1 COUNCIL LETTER CITY OF GALESBURG JUNE 20, 2022 AGENDA ITEM: Resolution authorizing the transfer of funds from the Tax Increment Financing (TIF) District II fund to the TIF IV fund. SUMMARY RECOMMENDATION: The City Manager and Director of Community Development recommend approval of the resolution. BACKGROUND: The Illinois Tax Increment Allocation Redevelopment Act (the TIF Act), provides specifically for the transfer of funds from one TIF district to another. Section 4 (q) of the Act [65 ILCS 5/11-74.4-4(q)] provides that a municipality may utilize revenues generated in one redevelopment project area to pay for eligible costs in another redevelopment project area if the boundaries are contiguous to the redevelopment project from which the revenues are received, the redevelopment project areas are separated only by a public right of way, and/or the redevelopment project areas are separated by a forest preserve property with a width of less than one mile. Attached for the City Council’s consideration is a resolution authorizing the transfer of $22,039.91 from TIF II to TIF IV. These funds will be utilized to provide redeveloper assistance to The Bar 65, Inc for eligible renovation costs on a building at 65 South Cherry Street. BUDGET IMPACT: The resolution provides for the transfer of $22,039.91 between the TIF II Fund and the TIF IV Fund. Sufficient funds are available in the TIF II Fund. SUPPORTING DOCUMENTS: 1.Resolution 22-2034 RESOLUTION NO. ___________ RESOLUTION PROVIDING FOR THE TRANSFER OF FUNDS FROM THE EAST MAIN STREET TIF DISTRICT II TO THE CENTRAL/EAST MAIN TIF IV REDEVELOPMENT PROJECT AREA TO PAY FOR ELIGIBLE COSTS WHEREAS, the City of Galesburg (the “City”) is authorized under the provisions of the Illinois Tax Increment Allocation Redevelopment Act, 65 ILCS 11-74.4-1, et seq. (the “Act”), to finance redevelopment project costs in connection with redevelopment project area established in accordance with the conditions and requirements set forth in the Act; and WHEREAS, pursuant to 65 ILCS 5/11-74.4.-4 paragraph (q) of the Act, the City is authorized to utilize revenues generated in one redevelopment project area to pay for eligible costs in another redevelopment project area if the boundaries are contiguous to the redevelopment project from which the revenues are received, the redevelopment project areas are separated only by a public right of way, and/or the redevelopment project areas are separated by a forest preserve property with a width of less than one mile; and WHEREAS, the City desires to transfer funds from the East Main Street TIF (also referred to as “TIF II”) Special Tax Allocation Fund (the “TIF II Fund”) to the Central/East Main TIF (also referred to as “TIF IV”) Special Tax Allocation Fund (the “TIF IV Fund”) to pay for eligible redevelopment project costs within TIF IV; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Galesburg, Illinois as follows: 1. That the City Council hereby finds that, pursuant to the requirements of the Act, the boundaries of TIF II and TIF IV are contiguous, as shown in the attached map. 2. That the Tax Increment Financing Redevelopment Plan and Project for TIF IV, dated February 19, 2008, states on page 41 the following with respect to sources of funds: “If available, revenues from other economic development funding sources, public or private, will be utilized. These may include…applicable revenue from any adjoining Tax Increment Financing Area…” 3. That the Tax Increment Financing Redevelopment Plan and Project for TIF II, dated August 12, 2009, states on page 22 the following with respect to sources of funds: “If available, revenues from other economic development funding sources, public or private, will be utilized. These may include…property tax increment from any adjoining Tax Increment Financing Areas…” 4. That the City Council authorizes the Director of Finance and Information Systems to make a transfer in the amount of $22,039.91 from the TIF II Fund to the TIF IV Fund to assist with the financing of a project, specifically, funds will be used for eligible renovation costs to be made at 65 S Cherry Street in furtherance of the objectives of the redevelopment plan identified above. 5. That this resolution shall take effect immediately from and after its passage. Approved this day of , 2022 , by a roll call vote as follows: Roll Call #: Ayes:________________________________________________________________________ Nays:________________________________________________________________________ Absent:______________________________________________________________________ Abstain:______________________________________________________________________ ______________________________ Peter Schwartzman, Mayor ATTEST: ____________________________ Kelli R. Bennewitz, City Clerk Prepared by GUG Page 1 of 1 COUNCIL LETTER CITY OF GALESBURG JUNE 20, 2022 AGENDA ITEM: Resolution authorizing the transfer of funds from the Tax Increment Financing (TIF) District II fund to the TIF IV fund. SUMMARY RECOMMENDATION: The City Manager and Director of Community Development recommend approval of the resolution. BACKGROUND: The Illinois Tax Increment Allocation Redevelopment Act (the TIF Act), provides specifically for the transfer of funds from one TIF district to another. Section 4 (q) of the Act [65 ILCS 5/11-74.4-4(q)] provides that a municipality may utilize revenues generated in one redevelopment project area to pay for eligible costs in another redevelopment project area if the boundaries are contiguous to the redevelopment project from which the revenues are received, the redevelopment project areas are separated only by a public right of way, and/or the redevelopment project areas are separated by a forest preserve property with a width of less than one mile. Attached for the City Council’s consideration is a resolution authorizing the transfer of $156,106.92 from TIF II to TIF IV. These funds will be utilized to provide redeveloper assistance to the Galesburg Symphony Society/Knox-Galesburg Symphony for eligible renovation costs on a building at 95 N Seminary Street. BUDGET IMPACT: The resolution provides for the transfer of $156,106.92 between the TIF II Fund and the TIF IV Fund. Sufficient funds are available in the TIF II Fund. SUPPORTING DOCUMENTS: 1.Resolution 22-2035 RESOLUTION NO. ___________ RESOLUTION PROVIDING FOR THE TRANSFER OF FUNDS FROM THE EAST MAIN STREET TIF DISTRICT II TO THE CENTRAL/EAST MAIN TIF IV REDEVELOPMENT PROJECT AREA TO PAY FOR ELIGIBLE COSTS WHEREAS, the City of Galesburg (the “City”) is authorized under the provisions of the Illinois Tax Increment Allocation Redevelopment Act, 65 ILCS 11-74.4-1, et seq. (the “Act”), to finance redevelopment project costs in connection with redevelopment project area established in accordance with the conditions and requirements set forth in the Act; and WHEREAS, pursuant to 65 ILCS 5/11-74.4.-4 paragraph (q) of the Act, the City is authorized to utilize revenues generated in one redevelopment project area to pay for eligible costs in another redevelopment project area if the boundaries are contiguous to the redevelopment project from which the revenues are received, the redevelopment project areas are separated only by a public right of way, and/or the redevelopment project areas are separated by a forest preserve property with a width of less than one mile; and WHEREAS, the City desires to transfer funds from the East Main Street TIF (also referred to as “TIF II”) Special Tax Allocation Fund (the “TIF II Fund”) to the Central/East Main TIF (also referred to as “TIF IV”) Special Tax Allocation Fund (the “TIF IV Fund”) to pay for eligible redevelopment project costs within TIF IV; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Galesburg, Illinois as follows: 1. That the City Council hereby finds that, pursuant to the requirements of the Act, the boundaries of TIF II and TIF IV are contiguous, as shown in the attached map. 2. That the Tax Increment Financing Redevelopment Plan and Project for TIF IV, dated February 19, 2008, states on page 41 the following with respect to sources of funds: “If available, revenues from other economic development funding sources, public or private, will be utilized. These may include…applicable revenue from any adjoining Tax Increment Financing Area…” 3. That the Tax Increment Financing Redevelopment Plan and Project for TIF II, dated August 12, 2009, states on page 22 the following with respect to sources of funds: “If available, revenues from other economic development funding sources, public or private, will be utilized. These may include…property tax increment from any adjoining Tax Increment Financing Areas…” 4. That the City Council authorizes the Director of Finance and Information Systems to make a transfer in the amount of $156,106.92 from the TIF II Fund to the TIF IV Fund to assist with the financing of a project, specifically, funds will be used for eligible renovation costs to be made at 95 N Seminary Street in furtherance of the objectives of the redevelopment plan identified above. 5. That this resolution shall take effect immediately from and after its passage. Approved this day of , 2022 , by a roll call vote as follows: Roll Call #: Ayes:________________________________________________________________________ Nays:________________________________________________________________________ Absent:______________________________________________________________________ Abstain:______________________________________________________________________ ______________________________ Peter Schwartzman, Mayor ATTEST: ____________________________ Kelli R. Bennewitz, City Clerk ____________________________________________________________________________________________ Prepared by JKG Page 1 of 1 COUNCIL LETTER CITY OF GALESBURG JUNE 20, 2022 AGENDA ITEM: Resolution approving a Resolution extending the Illinois Housing Development Authority’s (IHDA) Single Family Rehabilitation Grant Program. SUMMARY RECOMMENDATION: The Interim City Manager, Director of Community Development, and the Housing Program Coordinator recommend approval of the Resolution extending the Illinois Housing Development Authority’s Single Family Rehabilitation Grant Program. BACKGROUND: The City applied for $470,000 the Single Family Rehabilitation Program Grant from the Illinois Housing Development Authority. The City of Galesburg was awarded a grant in the amount of $470,000.00 and it was fully executed on July 15, 2020. The City also received added funds of $110,000.00 due to Covid-19 related issues. This was amended and approved by City Council on September 7, 2021. This was Galesburg’s second application and award for the program. The first grant award was for $378,000 and was successfully completed in the spring of 2019 rehabilitating eight (8) homes in the City of Galesburg. The City is working with Western Illinois Regional Council (WIRC) in coordinating the current grant and will rehabilitate approximately ten (10) to twelve (12)single family homes with these grant funds. Currently, one home has been completed and three are in progress. The Covid-19 pandemic created hardships in completing the work due to required isolation timeframes and supply chain issues for construction materials. All statewide recipients of this grant are eligible to extend their grants in the same time frame due to these issues. This Resolution will extend this grant five and one-half (5 ½) months from July 14, 2022, to December 31, 2022. The purpose of this grant is to assist low and very low-income homeowners repair or replace costly maintenance items and/or remove health and safety hazards. There is a roof only option available if there are no other maintenance issues or health and safety hazards present in the individual homes. Income eligible homeowners may receive up to $45,000 in financial assistance. The funds are secured as a forgivable loan with a five-year recapture agreement. The homes selected for the program must be existing residential properties privately owned and used as the owner’s primary residence. Properties cannot be income producing or contract for deed and receive grant funding. BUDGET IMPACT: No budget impact. All funds utilized will be grant funded. SUPPORTING DOCUMENTS: 1.Resolution in Support of the Extension. 22-2036 RESOLUTION NO._______________ RESOLUTION APPROVING THE EXTENSION OF THE ILLINOIS HOUSING DEVELOPMENT AUTHORITY’S SINGLE-FAMILY REHAB PROGRAM WHEREAS, the City of Galesburg (the “Sponsor”) has been awarded a grant (the “Grant”) from the Illinois Housing Development Authority (the “Authority”) program administrator of the Single Family Rehab Program (the “Program”), as that Program is authorized by Section 7.31 of the Illinois Housing Development Act, 20 ILCS 3805/1 et seq. and the rules promulgated under the Act codified at 47 Ill. Adm. Code 381, as may be amended from time to time. WHEREAS, the Sponsor did on May 18, 2020 pass resolution 20-13 to accept the Grant from the Authority in an amount not to exceed Four Hundred Seventy Thousand and 00/100 Dollars ($470,000.00); and WHEREAS, the Sponsor and the Authority did enter into a Funding Agreement STF-51682 dated July 15, 2020 and the Funding Agreement is set to terminate on July 14, 2022 (the “Termination Date”); and WHEREAS, the Sponsor did on September 7, 2021 pass resolution 20-21 to accept additional grant funds from the Authority in the amount of One Hundred Ten Thousand and 00/100 Dollars ($110,000.00); and WHEREAS, the Authority has extended the Termination Date to December 31, 2022 (the “Extension”); and WHEREAS, the Sponsor finds it in the best interests to accept the Extension of the Grant. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL, of the City of Galesburg, Illinois, as follows: SECTION ONE: The Sponsor accepts the Extention and is authorized enter into an Amendment to the Funding Agreement (the “Amendment”) with the Authority to effectuate the Extension; and SECTION TWO: The Mayor and City Clerk on behalf of the Sponsor is hereby authorized and empowered to execute on behalf of the Sponsor, the Amendment and all other documents and instruments relating to the Extension to be delivered to the Authority in connection with the Extension and take such further action on behalf of the Sponsor as they deem necessary to effectuate the foregoing Resolution and obligations under the Amendment; and SECTION THREE: that the City Council of the Sponsor hereby ratifies, authorizes, confirms, and approves all documents and instruments executed in connection with the Amendment, including any prior action of the Sponsor taken in furtherance of the foregoing Resolution and any and all documents and instruments previously executed on behalf of the Sponsor in connection with the Extension. Approved this day of , 2022, by a roll call vote as follows: Roll Call #: Ayes: ________________________________________________________________________ Nays: ________________________________________________________________________ Absent: ______________________________________________________________________ Abstain: ______________________________________________________________________ ATTEST: ______________________________ Peter Schwartzman, Mayor ____________________________ Kelli R. Bennewitz, City Clerk User: Printed:06/14/2022 - 2:38PM ABrown Transactions by Account Batch:00020.06.2022 Accounts Payable Account Number Vendor AmountDescription PO No Date 001-0000-10407-00 Amanda Jennings Cell Phone Allow - AJennings 15.0005/31/2022 001-0000-10407-00 Stratus Networks, Inc 06/22 Service 457.0906/14/2022 001-0000-10701-00 IAFC - Intl Assn of Fire Chiefs 01/23 - 06/23 Membership dues - R Hovind 107.5006/14/2022 001-0000-10701-00 Southern Computer Warehouse Annual Veeam software renewal - Prepaid for Jan to Aug 2023 3,415.30 000009220206/14/2022 001-0000-20101-00 GALESBURG WINE BAR INC Food & beverage tax overpayment refund 0.2806/14/2022 001-0000-20101-00 GALESBURG WINE BAR INC Food & beverage tax overpayment refund 31.7206/14/2022 001-0000-20102-00 CenturyLink 05/22 Service 1,588.5206/14/2022 001-0000-20102-00 Stratus Networks, Inc 06/22 Service 1,309.0006/14/2022 6,924.41Subtotal for Divison: 0000 001-0105-51000-00 Baker Tilly US, LLP 2021 Fiscal Year Audit 13,180.00 000009219106/14/2022 001-0105-54000-00 Bradley Hix Cell Phone Allowance 30.0005/31/2022 001-0105-54000-00 W Wayne Dennis Cell Phone Allowance 30.0005/31/2022 13,240.00Subtotal for Divison: 0105 001-0110-54000-00 Todd Thompson Cell Phone Allowance 15.0005/31/2022 15.00Subtotal for Divison: 0110 001-0115-51000-00 SpringbrookSoftware LLC 05/22 CivicPay PayPad Transaction Fee 46.0006/14/2022 001-0115-51000-00 Knox County Recorders Office 05/22 Laredo 21.2006/14/2022 001-0115-54000-00 Kelli Bennewitz Cell Phone Allowance 30.0005/31/2022 001-0115-61000-00 Office Specialists, Inc.Address labels, correction tape 59.1906/14/2022 001-0115-69400-00 National Band & Tag Co.Tags 673.0006/14/2022 829.39Subtotal for Divison: 0115 001-0120-56506-00 Flexible Benefit Service LLC 05/22 Service 85.0006/14/2022 85.00Subtotal for Divison: 0120 001-0145-51000-00 D&S Private Detective, Inc Paper process service - J Tinkham 70.5006/14/2022 001-0145-54000-00 Bradley Nolden Cell Phone Allowance 30.0005/31/2022 AP-Transactions by Account (06/14/2022 - 2:38 PM)Page 1 22-8011 Account Number Vendor AmountDescription PO No Date 100.50Subtotal for Divison: 0145 001-0160-59516-00 Matthew Reed AV Services - 05/16/22 Council Work Session 120.0006/14/2022 001-0160-59516-00 Jeffrey R Cervantez 05/22 AV Services for City Meetings 156.0006/14/2022 001-0160-59521-00 Knox County Humane Society 07/22 Animal Control Contract 19,510.00 000009216106/14/2022 19,786.00Subtotal for Divison: 0160 001-0205-51000-00 SpringbrookSoftware LLC 05/22 CivicPay PayPad Transaction Fee 68.3806/14/2022 001-0205-54000-00 Gloria Osborn Cell Phone Allowance 30.0005/31/2022 001-0205-54000-00 Tifani Miller Cell Phone Allowance 30.0005/31/2022 128.38Subtotal for Divison: 0205 001-0207-54000-00 Orlando Lucero Cell Phone Allowance 30.0005/31/2022 001-0207-54000-00 Lewis Doney II Cell Phone Allowance 30.0005/31/2022 001-0207-54000-00 Kerzi Peterson Cell Phone Allowance 30.0005/31/2022 001-0207-55800-00 Southern Computer Warehouse Annual Veeam software renewal 1,707.65 000009220206/14/2022 1,797.65Subtotal for Divison: 0207 001-0305-51500-00 Gatehouse Media Public notice #00021744 118.6606/14/2022 001-0305-54000-00 Stephen Gugliotta Cell Phone Allowance 30.0005/31/2022 148.66Subtotal for Divison: 0305 001-0306-51000-00 SpringbrookSoftware LLC 05/22 CivicPay PayPad Transaction Fee 5.7506/14/2022 001-0306-51000-00 Knox County Recorders Office 05/22 Laredo 21.2006/14/2022 001-0306-54000-00 Richard Slagel Cell Phone Allowance 30.0005/31/2022 001-0306-54000-00 Tammera Matejewski Cell Phone Allowance 30.0005/31/2022 001-0306-54000-00 Eric Heiden Cell Allowance 30.0005/31/2022 001-0306-54000-00 Robert Elsbury Cell Phone Allowance 30.0005/31/2022 001-0306-54500-00 IPOC IPOC Training - 4 employees 160.0006/14/2022 001-0306-55500-00 Ford of Galesburg Alignment #400 139.9406/14/2022 001-0306-61000-00 Office Specialists, Inc.Staple removers 7.8206/14/2022 001-0306-61000-00 Office Specialists, Inc.Pens 14.3506/14/2022 469.06Subtotal for Divison: 0306 001-0410-51000-00 Knox County Recorders Office 05/22 Laredo 21.2006/14/2022 001-0410-51000-00 SpringbrookSoftware LLC 05/22 CivicPay PayPad Transaction Fee 5.7506/14/2022 001-0410-54000-00 Brayden Bledsoe Cell Phone Allowance 30.0005/31/2022 001-0410-54000-00 Wayne Carl Cell Phone Allowance 30.0005/31/2022 AP-Transactions by Account (06/14/2022 - 2:38 PM)Page 2 Account Number Vendor AmountDescription PO No Date 001-0410-54000-00 Malinda Davis Cell Phone Allowance 30.0005/31/2022 001-0410-54000-00 Aaron Gavin Cell Phone Allowance 30.0005/31/2022 001-0410-54000-00 Nolan Peterson Cell Phone Allowance 30.0005/31/2022 001-0410-54000-00 Jamie West Cell Phone Allowance 30.0005/31/2022 206.95Subtotal for Divison: 0410 001-0445-54000-00 Myron Miller Cell Phone Allowance 30.0005/31/2022 001-0445-55700-00 Royal Cleaning Services 06/22 Janitorial services 266.0006/14/2022 001-0445-55800-00 Advance Auto Parts Encore subscription 599.9906/14/2022 001-0445-57500-00 Aramark Uniform Serv. Inc.05/22 Service 60.8406/14/2022 001-0445-62500-00 Pomp's Tire - Galesburg Tires #168 990.1206/14/2022 001-0445-62500-00 Advance Auto Parts Filter kit #182 41.6106/14/2022 001-0445-63000-00 Lawson Products, Inc.Screws, washers 245.3906/14/2022 001-0445-63000-00 Midstate Manufacturing, Inc.Oil hose 10.3006/14/2022 001-0445-63000-00 Batterton Auto Supply Vulcanizing cement, bead sealer, centech repair 74.7006/14/2022 2,318.95Subtotal for Divison: 0445 001-0450-54000-00 JR Knaack Cell Phone Allowance 30.0005/31/2022 001-0450-54000-00 Justin McNaught Cell Phone Allowance 30.0005/31/2022 001-0450-55500-00 Nichols Diesel Service, Inc.State & Fed tests #110 40.0006/14/2022 001-0450-55500-00 Nichols Diesel Service, Inc.State & Fed tests #114 41.0006/14/2022 001-0450-55500-00 Mutual Wheel Co., Inc.Gauge frame check #108 219.9606/14/2022 001-0450-55700-00 Galesburg Electric, Inc.Annual generator service 185.0006/14/2022 001-0450-55700-00 Maska Heating and Cooling, LLC Air filter 35.0006/14/2022 001-0450-62500-00 Blunier Implement, Inc Plow blades 1,670.0106/14/2022 001-0450-62500-00 Mutual Wheel Co., Inc.Leaf spring #108 640.7006/14/2022 001-0450-62500-00 Drake Scruggs Equipment, Inc Valve manifold assembly 509.4006/14/2022 3,401.07Subtotal for Divison: 0450 001-0510-54000-00 Jason Shaw Cell Phone Allowance 30.0005/31/2022 001-0510-54000-00 Kevin Legate Cell Phone Allowance 30.0005/31/2022 001-0510-54000-00 Anthony Oligney-Estill Cell Phone Allowance 30.0005/31/2022 001-0510-54000-00 Russell Idle Cell Phone Allowance 30.0005/31/2022 001-0510-54000-00 Ryne Sage Cell Phone Allowance 30.0005/31/2022 001-0510-54000-00 Lane Mings Cell Phone Allowance 30.0005/31/2022 001-0510-54000-00 Patrick Kisler Cell Phone Allowance 30.0005/31/2022 001-0510-54000-00 Daniel Hostens Cell Phone Allowance 30.0005/31/2022 001-0510-54000-00 Bryan Anderson Cell Phone Allowance 30.0005/31/2022 AP-Transactions by Account (06/14/2022 - 2:38 PM)Page 3 Account Number Vendor AmountDescription PO No Date 001-0510-54000-00 William T. Boynton Cell Allowance 30.0005/31/2022 001-0510-54000-00 Steffanie Cromien Cell Phone Allowance 30.0005/31/2022 001-0510-55000-00 Motorola Solutions, Inc 06/22 Service 78.0006/14/2022 001-0510-55700-00 Four Seasons Pest Control 06/22 Service 20.0006/14/2022 001-0510-57500-00 Burke Cleaners, Inc 05/22 Police Uniform Cleaning as per agreement 131.10 000009214006/14/2022 001-0510-57500-00 Burke Cleaners, Inc 04/2 Police Uniform Cleaning as per agreement 147.40 000009214006/14/2022 001-0510-61700-00 Ray O'Herron Co., Inc.Monitor, keyboard, side mount arm, pole assembly - CSO car #2 724.0406/14/2022 001-0510-62500-00 Ford of Galesburg Speed sensor #20 22.2506/14/2022 001-0510-65500-00 Getz Fire Equipment Co., Inc.Extinguisher, pull pins 237.9006/14/2022 001-0510-67500-00 Ray O'Herron Co., Inc.Class A uniforms 1,889.1706/14/2022 001-0510-67500-00 Ray O'Herron Co., Inc.New hire uniforms - J Fox 61.1906/14/2022 001-0510-67500-00 Ray O'Herron Co., Inc.Pants - Hostens 69.3506/14/2022 001-0510-67500-00 Ray O'Herron Co., Inc.Shirt, Sgt chevron - L Mings 66.5706/14/2022 001-0510-67500-00 Ray O'Herron Co., Inc.New hire uniforms - J Fox, T Olingney Estill 568.4606/14/2022 001-0510-67500-00 Artistic Engraving Officer stars, Lieutenant star, Retired Officer star 492.8106/14/2022 001-0510-69000-00 Ray O'Herron Co., Inc.Bean bags 838.4506/14/2022 001-0510-69000-00 Accredited Security Refurbished tasers 4,792.0006/14/2022 10,468.69Subtotal for Divison: 0510 001-0525-54700-00 Royce Kunkle Mileage - Crossing Guard Vehicle - Galesburg, IL - R Kunkle 104.1406/14/2022 104.14Subtotal for Divison: 0525 001-0550-54000-00 Amanda Jennings Cell Allowance 15.0005/31/2022 001-0550-54000-00 Cameron Lemaster Cell Phone Allowance 30.0005/31/2022 001-0550-55500-00 Southern Computer Warehouse VM Ware 4,057.9406/14/2022 001-0550-55800-00 Southern Computer Warehouse Annual basic maintenance renewal 1,446.7506/14/2022 001-0550-61000-00 Julie Bacon Engraved name plate 5.0006/14/2022 001-0550-67500-00 Midwest Uniform Supply, Inc Sweatshirts - J Tucker 125.5206/14/2022 001-0550-67500-00 Midwest Uniform Supply, Inc Polo shirts - A Aldridge 115.9206/14/2022 5,796.13Subtotal for Divison: 0550 001-0605-51000-00 Julie Bacon Community Hero Award 22.0006/14/2022 001-0605-54000-00 David Farrell Cell Phone Allowance 30.0005/31/2022 001-0605-54000-00 Donald Brackett Cell Phone Allowance 30.0005/31/2022 001-0605-54000-00 John Seitz Cell Phone Allowance 30.0005/31/2022 001-0605-54000-00 Derek Perry Cell Phone Allowance 30.0005/31/2022 001-0605-54000-00 Randy Hovind Cell Phone Allowance 30.0005/31/2022 001-0605-55000-00 IAFC - Intl Assn of Fire Chiefs 07/22 - 12/22 Membership dues - R Hovind 107.5006/14/2022 AP-Transactions by Account (06/14/2022 - 2:38 PM)Page 4 Account Number Vendor AmountDescription PO No Date 001-0605-55500-00 Midstate Manufacturing, Inc.Rebuild cylinders #51 235.2406/14/2022 001-0605-55500-00 Getz Fire Equipment Co., Inc.05/22 Extinguisher service 40.5006/14/2022 001-0605-55700-00 Four Seasons Pest Control 05/22 Service 20.0006/14/2022 001-0605-55700-00 Four Seasons Pest Control 05/22 Service 20.0006/14/2022 001-0605-55700-00 Four Seasons Pest Control 06/22 Service 20.0006/14/2022 001-0605-55700-00 F E Moran Inc Fire Protection Wet system annual inspections 685.0006/14/2022 001-0605-55700-00 Four Seasons Pest Control 05/22 Service 20.0006/14/2022 001-0605-56000-00 Western IL. Firefighters Assoc.Fit testing machine rental 50.0006/14/2022 001-0605-62500-00 Midstate Manufacturing, Inc.Hose assembly #51 103.7506/14/2022 001-0605-65500-00 Getz Fire Equipment Co., Inc.Chemical refill 51.9006/14/2022 001-0605-67500-00 Midwest Uniform Supply, Inc Polo - S Selliers 45.0006/14/2022 001-0605-67500-00 Midwest Uniform Supply, Inc Pants - B Johnson 39.9906/14/2022 001-0605-67500-00 Midwest Uniform Supply, Inc Pants - D Cervantez 39.9906/14/2022 001-0605-67500-00 Midwest Uniform Supply, Inc Crewneck, performance tees - M Lewis 59.9906/14/2022 001-0605-67500-00 Midwest Uniform Supply, Inc Pants - D Cervantez 25.5206/14/2022 001-0605-67500-00 Midwest Uniform Supply, Inc Turtleneck jobshirts - D Clayton 149.9806/14/2022 001-0605-67500-00 Midwest Uniform Supply, Inc Turtleneck jobshirts - J Grodjesk 149.9806/14/2022 001-0605-67500-00 Midwest Uniform Supply, Inc Polo shirts, turtleneck jobshirt - T Yocum 104.8906/14/2022 001-0605-67500-00 Sandry Fire Supply LLC Fire helmet - Walters 312.8206/14/2022 001-0605-67500-00 Ray O'Herron Co., Inc.New hire uniform - H Stevenson 104.9406/14/2022 001-0605-67500-00 Midwest Uniform Supply, Inc Pants - R Hovind 79.9806/14/2022 001-0605-67500-00 Midwest Uniform Supply, Inc Crewnecks, ball caps, performance tees - D Cervantez 99.4806/14/2022 001-0605-67500-00 Midwest Uniform Supply, Inc Crewneck, jobshirt - M Lewis 92.9806/14/2022 2,831.43Subtotal for Divison: 0605 001-0630-66000-00 Galesburg Electric, Inc.Rented generator 118.4906/14/2022 118.49Subtotal for Divison: 0630 Subtotal for Fund 001 68,769.90 011-0000-66000-00 Galesburg Builders Supply, Inc.Portand Cement Concrete for 2022 2,166.00 000009208906/14/2022 011-0000-66000-00 Galesburg Builders Supply, Inc.Portand Cement Concrete for 2022 492.75 000009208906/14/2022 011-0000-66000-00 Galesburg Builders Supply, Inc.Portand Cement Concrete for 2022 766.50 000009208906/14/2022 3,425.25Subtotal for Divison: 0000 Subtotal for Fund 011 3,425.25 013-0000-51000-00 Bruner, Cooper and Zuck, Inc.Engineering agreement for the preparation of bid documents 5,631.30 000009168406/14/2022 AP-Transactions by Account (06/14/2022 - 2:38 PM)Page 5 Account Number Vendor AmountDescription PO No Date 013-0000-51000-00 Bruner, Cooper and Zuck, Inc.Engineering agreement for the preparation of bid documents 8,006.39 000009168406/14/2022 013-0000-55800-00 Nelson Systems, Inc.Mediaworks Express 497.5006/14/2022 013-0000-83100-00 Bruner, Cooper and Zuck, Inc.Preparation of Bid Documents and Construction Engineering 244.61 000009200706/14/2022 14,379.80Subtotal for Divison: 0000 Subtotal for Fund 013 14,379.80 014-0000-55700-00 Brandt Construction Co Concrete Pavement Patching on CSD and Linwood Rd 540.00 000009218906/14/2022 014-0000-55700-00 Brandt Construction Co Additional work to perform patching on CSD and Linwood Rd 3,833.51 000009218906/14/2022 014-0000-56000-00 Sherwin Williams Co.Super shot rental 1,700.0006/14/2022 014-0000-64500-00 Lawson Products, Inc.Screws 38.5606/14/2022 014-0000-64500-00 Ennis-Flint Inc White Traffic Paint for Traffic Division as per bid -55 gal drum 12,720.50 000009218406/14/2022 014-0000-64500-00 Ennis-Flint Inc Yellow Traffic Paint for Traffic Division as per bid -55 gal 14,594.58 000009218406/14/2022 014-0000-64500-00 Lawson Products, Inc.Screws for traffic signals 235.9906/14/2022 014-0000-66000-00 Galesburg Builders Supply, Inc.Controlled Low Strength Material (CLSM) for 2022 130.00 000009209206/14/2022 014-0000-66000-00 D.A. Hoerr & Sons, Inc.Planetree 264.0006/14/2022 34,057.14Subtotal for Divison: 0000 Subtotal for Fund 014 34,057.14 015-0000-51000-00 Helm Mechanical / Helm Service 05/22 AC service 265.0006/14/2022 265.00Subtotal for Divison: 0000 Subtotal for Fund 015 265.00 016-0000-22002-00 Illinois State Police Asset Seizure & ForfeitureSeizure funds #21-17293 2,981.0006/14/2022 016-0000-54000-00 Mark McLaughlin Cell Allowance 30.0005/31/2022 016-0000-54000-00 Timothy Spitzer Cell Phone Allowance 30.0005/31/2022 016-0000-54000-00 Travis Smith Cell Phone Allowance 30.0005/31/2022 016-0000-54000-00 Paul Vannaken Cell Phone Allowance 30.0005/31/2022 016-0000-54000-00 Kyle A Winbigler Cell Phone Allowance 30.0005/31/2022 3,131.00Subtotal for Divison: 0000 Subtotal for Fund 016 3,131.00 018-0000-55500-00 Nichols Diesel Service, Inc.State & Fed tests #112 40.0006/14/2022 018-0000-55500-00 Key Equipment & Supply Co Sweeper service 1,072.5006/14/2022 018-0000-62500-00 Advance Auto Parts Oil filter #128 10.4906/14/2022 AP-Transactions by Account (06/14/2022 - 2:38 PM)Page 6 Account Number Vendor AmountDescription PO No Date 018-0000-66000-00 Contech Engineered Solutions Misc materials 1,577.2606/14/2022 2,700.25Subtotal for Divison: 0000 Subtotal for Fund 018 2,700.25 019-0000-20102-00 CenturyLink 05/22 Service 539.5806/14/2022 019-0000-20102-00 Stratus Networks, Inc 06/22 Service 304.8406/14/2022 019-0000-33386-00 Donna Flicek Swim team refund 111.6006/14/2022 956.02Subtotal for Divison: 0000 019-1905-51500-00 WGIL/WAAG/WLSR, Inc.Radio ads 583.0006/14/2022 019-1905-51500-00 WMOI - FM Radio ads 260.0006/14/2022 019-1905-51500-00 Gatehouse Media Lakeside ad #00018370 111.0006/14/2022 019-1905-51500-00 Sebis Direct Inc 04/22 Water bill insert recreation flyer 388.9506/14/2022 019-1905-51500-00 Gatehouse Media Travel guide #00018370 270.0006/14/2022 019-1905-51500-00 Gatehouse Media May special #00018370 111.0006/14/2022 019-1905-54000-00 Elizabeth Varner Cell Phone Allowance 30.0005/31/2022 019-1905-54000-00 Angela Buchen Cell Allowance 30.0005/31/2022 019-1905-54000-00 Chelsea Moberg Cell Phone Allowance 30.0005/31/2022 019-1905-59511-00 Galesburg Tourism Fund 05/22 Tourism agreement 15,833.3305/31/2022 019-1905-61000-00 Office Specialists, Inc.Paper, markers, tape dispenser, pens, tape 163.5406/14/2022 019-1905-84500-00 Knox County Collector Property Tax - Formerly 623 W Tompkins St 25.3006/14/2022 17,836.12Subtotal for Divison: 1905 019-1910-55700-00 Four Seasons Pest Control 05/22 Service 30.0006/14/2022 019-1910-65000-00 Office Specialists, Inc.Hand soap 46.0506/14/2022 019-1910-65000-00 Office Specialists, Inc.Windshield wipes 48.4506/14/2022 124.50Subtotal for Divison: 1910 019-1911-55700-00 Four Seasons Pest Control 05/22 Service 30.0006/14/2022 019-1911-55700-00 Helm Mechanical / Helm Service Summer/Winter switchover control service 1,254.5106/14/2022 019-1911-55700-00 Mechanical Service Inc.Sally Port pump out service 488.0006/14/2022 019-1911-57500-00 Aramark Uniform Serv. Inc.05/22 Service 61.5506/14/2022 019-1911-65000-00 Office Specialists, Inc.Bath tissue 83.8806/14/2022 019-1911-65000-00 Office Specialists, Inc.Disinfectant wipes 33.2006/14/2022 019-1911-66000-00 Amos Blevins Cabinet locks 536.2006/14/2022 2,487.34Subtotal for Divison: 1911 AP-Transactions by Account (06/14/2022 - 2:38 PM)Page 7 Account Number Vendor AmountDescription PO No Date 019-1915-54000-00 Travis Huffman Cell Phone Allowance 30.0005/31/2022 019-1915-54000-00 Don Miles Cell Phone Allowance 30.0005/31/2022 019-1915-54000-00 Jason Asbury Cell Phone Allowance 30.0005/31/2022 019-1915-54000-00 Michael Markley Cell Phone Allowance 30.0005/31/2022 019-1915-55700-00 Waste Management, Inc.05/22 Service 424.1806/14/2022 019-1915-55700-00 Four Seasons Pest Control 06/22 Service 40.0006/14/2022 019-1915-55700-00 Four Seasons Pest Control 06/22 Service 30.0006/14/2022 019-1915-55700-00 Knox County Landfill 05/22 Service 480.6206/14/2022 019-1915-56000-00 Terry Allen, Inc East Boat Ramp - Toilet Rental 1 regular unit 1/1/22-12/31/22 672.00 000009208106/14/2022 019-1915-57500-00 Aramark Uniform Serv. Inc.05/22 Service 50.4606/14/2022 019-1915-57500-00 Aramark Uniform Serv. Inc.06/22 Service 51.4606/14/2022 019-1915-62500-00 Martin, Inc Rod #522 62.0506/14/2022 019-1915-62500-00 Advance Auto Parts Oil filter #542 3.8406/14/2022 019-1915-62500-00 Advance Auto Parts Wiper blades #542 24.7606/14/2022 019-1915-62500-00 Advance Auto Parts Oil filter #531 8.7306/14/2022 019-1915-62500-00 Blunier Implement, Inc Shaft #523 1,576.9906/14/2022 019-1915-62500-00 Martin, Inc Wheel #525 241.9806/14/2022 019-1915-62500-00 Martin, Inc Belt #525 201.5006/14/2022 019-1915-62510-00 Herr Petroleum Corp 855.4 Gal diesel #2, 506.20 gal reg unleaded 6,612.32 000009210306/14/2022 019-1915-65000-00 Alan Environmental Products, Inc Insecticide, vandalism mark remover, python odor socks 1,093.6406/14/2022 019-1915-65000-00 Office Specialists, Inc.Urinal screens 147.3306/14/2022 019-1915-65500-00 Tri-State Water Floor drain grids 546.1706/14/2022 019-1915-66000-00 Tri-State Water Top diffuser plate 51.8006/14/2022 019-1915-66000-00 J.C. Schultz Enterprises, Inc Flags 70.5106/14/2022 019-1915-66000-00 Galesburg Electric, Inc.Light bulbs 45.6506/14/2022 019-1915-68500-00 Tri-State Water Chlorine, muriatic acid 166.1206/14/2022 019-1915-68500-00 Tri-State Water Chlorine 57.5206/14/2022 019-1915-68500-00 Tri-State Water Chlorine 86.2806/14/2022 019-1915-68500-00 Tri-State Water Chlorine, muriatic acid 136.8806/14/2022 019-1915-68500-00 Tri-State Water Chlorine 57.5206/14/2022 019-1915-68500-00 Tri-State Water Chlorine, muriatic acid 166.1206/14/2022 019-1915-68500-00 Tri-State Water Chlorine, muriatic acid 89.4406/14/2022 019-1915-68500-00 Tri-State Water Chlorine 143.8006/14/2022 13,459.67Subtotal for Divison: 1915 019-1920-54000-00 Bryan Luedtke Cell Phone Allowance 30.0005/31/2022 019-1920-55700-00 LTL Partners, Inc Aerifying service 2,292.5006/14/2022 AP-Transactions by Account (06/14/2022 - 2:38 PM)Page 8 Account Number Vendor AmountDescription PO No Date 019-1920-55700-00 Four Seasons Pest Control 06/22 Service 20.0006/14/2022 019-1920-56000-00 M&M Golf Cars, LLC Rental of 20 golf cars 790.0006/14/2022 019-1920-57500-00 Aramark Uniform Serv. Inc.05/22 Service 29.0306/14/2022 019-1920-57500-00 Aramark Uniform Serv. Inc.06/22 Service 29.0306/14/2022 019-1920-57500-00 Aramark Uniform Serv. Inc.05/22 Service 29.0306/14/2022 019-1920-62510-00 Herr Petroleum Corp 313.1 Gal diesel #2 1,573.65 000009210406/14/2022 019-1920-62510-00 Herr Petroleum Corp 402.4 Gal reg unleaded 1,719.43 000009210406/14/2022 019-1920-63500-00 Advanced Turf Solutions Misc chemicals 1,094.6006/14/2022 019-1920-63500-00 Advanced Turf Solutions Anuew plant growth regulator 1,802.4006/14/2022 019-1920-64000-00 Callaway Golf balls 76.5606/14/2022 019-1920-64000-00 Black Clover Enterprises, LLC Hat 16.2006/14/2022 019-1920-64000-00 Callaway Golf balls 3,875.0006/14/2022 019-1920-64125-00 Boxcar Express Sandwiches 1,915.2506/14/2022 019-1920-64125-00 Atlantic Coca-Cola Misc concessions 446.4106/14/2022 019-1920-64125-00 Atlantic Coca-Cola Misc concessions 581.7006/14/2022 019-1920-64125-00 Butch's Pizza Inc.Pizzas 49.0006/14/2022 019-1920-64125-00 Smithfield Direct, LLC Misc concessions 159.6006/14/2022 019-1920-64300-00 MTI Distributing, Inc Portable spike brush 236.0006/14/2022 019-1920-65000-00 Office Specialists, Inc.Bath tissue 25.4206/14/2022 019-1920-66000-00 J.C. Schultz Enterprises, Inc Flags 165.3706/14/2022 019-1920-66000-00 David B Munson Graphics 447.2706/14/2022 019-1920-88300-00 M&M Golf Cars, LLC 2022 Lease of 48 golf carts and 1 utility vehicle as per bid 5,335.97 000009208006/14/2022 22,739.42Subtotal for Divison: 1920 019-1925-64000-00 Volrath Hardwoods, LLC 300 Bundles 1,200.0006/14/2022 019-1925-65000-00 Office Specialists, Inc.Bath tissue 167.7606/14/2022 1,367.76Subtotal for Divison: 1925 019-1930-63500-00 Galesburg Builders Supply, Inc.47.9 Ton mason sand 1,483.9406/14/2022 1,483.94Subtotal for Divison: 1930 019-1935-55700-00 Four Seasons Pest Control 06/22 Service 35.0006/14/2022 019-1935-57500-00 Aramark Uniform Serv. Inc.05/22 Service 230.4206/14/2022 019-1935-57500-00 Aramark Uniform Serv. Inc.06/22 Service 231.4206/14/2022 496.84Subtotal for Divison: 1935 019-1940-55000-00 American Red Cross Lifeguard training 164.0006/14/2022 019-1940-55000-00 American Red Cross Shallow water lifeguarding - C Moberg 41.0006/14/2022 AP-Transactions by Account (06/14/2022 - 2:38 PM)Page 9 Account Number Vendor AmountDescription PO No Date 205.00Subtotal for Divison: 1940 019-1945-55700-00 Four Seasons Pest Control 06/22 Service 20.0006/14/2022 019-1945-65000-00 Office Specialists, Inc.Paper towels, trash bags, hand soap, gloves, cleaner 296.9706/14/2022 316.97Subtotal for Divison: 1945 019-1950-55700-00 Four Seasons Pest Control 06/22 Service 25.0006/14/2022 019-1950-55700-00 Sugden Electric Wire & conduit replacement - Lakeside Pool 262.0706/14/2022 019-1950-55700-00 Sugden Electric Play feature pump motor repair - Lakeside Pool 1,067.7806/14/2022 019-1950-64125-00 Gold Medal - Central Illinois, LLC Misc concessions 949.3606/14/2022 019-1950-64125-00 Gold Medal - Central Illinois, LLC Misc concessions 975.0206/14/2022 019-1950-68500-00 Hawkins, Inc Misc chemicals 719.1906/14/2022 019-1950-68500-00 Hawkins, Inc Misc chemicals 1,358.7806/14/2022 019-1950-68500-00 Tri-State Water Chlorine 129.6006/14/2022 019-1950-68500-00 Tri-State Water Misc chemicals 59.8206/14/2022 5,546.62Subtotal for Divison: 1950 019-1955-55700-00 Sugden Electric Motor thermal replacement, connection check 170.0006/14/2022 019-1955-55700-00 Four Seasons Pest Control 06/22 Service 20.0006/14/2022 190.00Subtotal for Divison: 1955 019-1960-55700-00 Four Seasons Pest Control 06/22 Service 20.0006/14/2022 20.00Subtotal for Divison: 1960 019-1965-54000-00 Roger Darst Cell Phone Allowance 30.0005/31/2022 019-1965-55700-00 Four Seasons Pest Control 05/22 Service 20.0006/14/2022 019-1965-57500-00 Aramark Uniform Serv. Inc.06/22 Service 35.8306/14/2022 019-1965-57500-00 Aramark Uniform Serv. Inc.05/22 Service 34.8306/14/2022 019-1965-62500-00 Scott Equipment, LLC Threaded rod #587 9.0606/14/2022 019-1965-62500-00 Scott Equipment, LLC Clutch assembly #586 430.2806/14/2022 019-1965-62500-00 Scott Equipment, LLC Belt #587 54.9906/14/2022 019-1965-66000-00 J.C. Schultz Enterprises, Inc Flags 429.3306/14/2022 1,044.32Subtotal for Divison: 1965 019-1975-54000-00 Cris Fones Cell Phone Allowance 30.0005/31/2022 019-1975-54500-00 Thomas Simkins Mileage - tree nursery - Dunlap, IL - T Simkins 60.8406/14/2022 019-1975-54500-00 Thomas Simkins Mileage - tree nursery - Dunlap, IL - T Simkins 57.9206/14/2022 019-1975-54500-00 Thomas Simkins Mileage - bi-weekly tree watering - Galesburg, IL - T Simkins 29.2506/14/2022 AP-Transactions by Account (06/14/2022 - 2:38 PM)Page 10 Account Number Vendor AmountDescription PO No Date 019-1975-55700-00 Liqui-Green Lawn & Tree Care Tree injection service 200.0006/14/2022 378.01Subtotal for Divison: 1975 Subtotal for Fund 019 68,652.53 020-0000-20102-00 CenturyLink 05/22 Service 63.9206/14/2022 020-0000-55700-00 Howe Overhead Doors, Inc.Hanger door service 605.5006/14/2022 020-0000-64500-00 Ennis-Flint Inc YellowTraffic Paint for Airport Division as per bid -55 gal drum 2,779.92 000009218406/14/2022 3,449.34Subtotal for Divison: 0000 Subtotal for Fund 020 3,449.34 023-0000-55420-00 Klingner & Associates, P.C. - Architectural GroupAsbestos abatement and inspection - 543 Liberty St 1,298.2106/14/2022 1,298.21Subtotal for Divison: 0000 Subtotal for Fund 023 1,298.21 024-0000-51000-00 Bruner, Cooper and Zuck, Inc.RDMS Grant Application for 56 S Kellogg St Apts 1,500.0006/14/2022 024-0000-51000-00 Bruner, Cooper and Zuck, Inc.RDMS Grant Application for 120 E Main Street 8,407.49 000009211606/14/2022 024-0000-51000-00 Bruner, Cooper and Zuck, Inc.RDMS Grant Application for the NRHOF 3,438.04 000009211506/14/2022 024-0000-52000-00 Ameren Illinois 05/22 Electricity #5346260034 159.7705/31/2022 024-0000-52000-00 Ameren Illinois 05/22 Electricity #5244167035 35.6605/31/2022 024-0000-83100-00 Community School District 205 Skills USA Program 630.11 000009217506/14/2022 024-0000-83100-00 Community School District 205 Skills USA Program 7,616.86 000009217506/14/2022 024-0000-84500-00 Knox County Collector Property Tax - WESTERN ADDN LOT 3 BLK 1 103.1606/14/2022 024-0000-84500-00 Knox County Collector Property Tax - R P 1957 RESD LT 3 BLK4 LT 1 & PT LT2 BLK 5 105.1006/14/2022 024-0000-84500-00 Knox County Collector Property Tax - R P 1957 RESD LT3 BLK 4 LT A &PT LT 2 BLK 5 141.1006/14/2022 024-0000-84500-00 Knox County Collector Property Tax - WESTERN ADDN LOT 2 BLK 1 103.1606/14/2022 22,240.45Subtotal for Divison: 0000 Subtotal for Fund 024 22,240.45 030-0000-20102-00 CenturyLink 05/22 Service 188.0306/14/2022 030-0000-20102-00 Stratus Networks, Inc 06/22 Service 129.4906/14/2022 317.52Subtotal for Divison: 0000 030-0320-51500-00 WGIL/WAAG/WLSR, Inc.05/22 Radio ads 200.0005/31/2022 030-0320-55500-00 Nichols Diesel Service, Inc.State & federal tests - Units 466, 465, 468 120.0005/31/2022 AP-Transactions by Account (06/14/2022 - 2:38 PM)Page 11 Account Number Vendor AmountDescription PO No Date 030-0320-62500-00 Midwest Transit Equipment, Inc.Harness jumper 51.8606/14/2022 030-0320-62500-00 Napa Auto Parts Brake caliper press 45.9905/31/2022 030-0320-62510-00 Herr Petroleum Corp 176.5 Gal reg unleaded 716.23 000009210105/31/2022 030-0320-62510-00 Herr Petroleum Corp 197.8 Gal reg unleaded 802.67 000009210105/31/2022 030-0320-62510-00 Herr Petroleum Corp 77.1 Gal reg unleaded 329.45 000009210105/31/2022 030-0320-62510-00 Herr Petroleum Corp 294 Gal reg unleaded 1,256.24 000009210106/14/2022 030-0320-62510-00 Herr Petroleum Corp 135.7 Gal reg unleaded 550.66 000009210105/31/2022 4,073.10Subtotal for Divison: 0320 030-0370-51500-00 WGIL/WAAG/WLSR, Inc.05/22 Radio ads 200.0005/31/2022 030-0370-54000-00 Kraig Boynton Cell Phone Allowance 30.0005/31/2022 030-0370-55500-00 Nichols Diesel Service, Inc.State & federal tests - Units 405, 1107, 2001 Ford 121.0005/31/2022 030-0370-55500-00 Cummins Sale & Service Bus service repair 3,454.0905/31/2022 030-0370-55500-00 Harvey Brothers, Inc.Alternator repair 282.0006/14/2022 030-0370-55700-00 Galesburg Termite & Pest Control Inc 06/22 Service 45.0006/14/2022 030-0370-57500-00 Cintas, Inc 06/22 Service 123.6806/14/2022 030-0370-57500-00 Cintas, Inc 05/22 Service 77.0705/31/2022 030-0370-62500-00 Napa Auto Parts Batteries 340.5806/14/2022 030-0370-62500-00 Eastern Iowa Tire Tires 1,688.4406/14/2022 030-0370-62500-00 Cummins Sale & Service Cooler kit, gaskets, seals 1,544.1505/31/2022 030-0370-62500-00 Gillig Battery equalizer 837.0805/31/2022 030-0370-62500-00 Mack Sales & Service of Morton Batteries 178.0006/14/2022 030-0370-62500-00 Gillig Hex bolts 219.3606/14/2022 030-0370-62500-00 Napa Auto Parts Batteries 340.5806/14/2022 030-0370-62510-00 Herr Petroleum Corp 534.5 Gal diesel 2,495.38 000009210105/31/2022 030-0370-67500-00 1st AYD Corporation Nitrile gloves 134.8805/31/2022 12,111.29Subtotal for Divison: 0370 Subtotal for Fund 030 16,501.91 049-0000-55700-00 Hein Construction Co, Inc 120 E Main St Storage Area 33,980.00 000009216006/14/2022 049-0000-78000-00 Sugden Electric Electrical service relocation at 106 W Main Street 6,800.00 000009202506/14/2022 049-0000-83100-00 PMTSP, LLC TIF Incentive for Facade Improvements 3,856.53 000009204106/14/2022 44,636.53Subtotal for Divison: 0000 Subtotal for Fund 049 44,636.53 054-0000-63500-00 Timanda Landscaping & Garden Center Brandywine maple tree 159.9506/14/2022 AP-Transactions by Account (06/14/2022 - 2:38 PM)Page 12 Account Number Vendor AmountDescription PO No Date 054-0000-66000-00 D.A. Hoerr & Sons, Inc.Trees, plants 1,648.5006/14/2022 1,808.45Subtotal for Divison: 0000 Subtotal for Fund 054 1,808.45 059-0000-55700-00 McScot Golf, Inc.Removal and installation of new golf driving range netting 24,487.00 000009214406/14/2022 24,487.00Subtotal for Divison: 0000 Subtotal for Fund 059 24,487.00 061-0000-10701-00 Jack Henry & Associates 01/23 - 06/23 Remit and Remote Deposit Annual Maintenance 816.8106/14/2022 061-0000-10704-00 Sebis Postage 06/22 Postage for UB bills 7,500.0006/14/2022 061-0000-20101-00 HANNAH ROBISON Refund Check 055828-000, 925 WARREN ST 32.5306/02/2022 061-0000-20101-00 MEGAN ROBBINS Refund Check 059824-000, 238 W FREMONT ST 31.9006/08/2022 061-0000-20101-00 KYLIE PRICE Refund Check 056939-000, 1229 N BROAD ST 2.4506/01/2022 061-0000-20101-00 CHRIS RAMMAGE Refund Check 051206-001, 1706 JEFFERSON ST 89.2506/01/2022 061-0000-20101-00 KNOXCO INVESTMENTS, LLC Refund Check 052649-015, 875 ABINGDON ST 80.0706/08/2022 061-0000-20101-00 GASTON NKONGOLO Refund Check 062470-000, 786 E BROOKS ST 76.9106/08/2022 061-0000-20101-00 JOSHUA KILPATRICK Refund Check 024115-002, 835 E LOSEY ST 81.1606/01/2022 061-0000-20101-00 JACOB POTTS Refund Check 060897-000, 945 DAYTON DR 1 83.2206/01/2022 061-0000-20101-00 SABRINA SCOTT Refund Check 063491-000, 1558 MCKNIGHT ST 37.9606/01/2022 061-0000-20101-00 THE PATH CENTER FOR HEALING, LLCRefund Check 048463-000, 251 E MAIN ST 69.3306/02/2022 061-0000-20101-00 MAGGIE HICKMAN Refund Check 062651-000, 1411 E FIFTH ST 20 70.0106/08/2022 061-0000-20101-00 MAYRA ALANIS Refund Check 043007-000, 585 LAWRENCE AVE 46.4906/01/2022 061-0000-20101-00 ALEXANDER STAFFING LLC Refund Check 063635-000, 373 N CHERRY ST 89.2506/01/2022 061-0000-20101-00 JEANETTE ALLEN Refund Check 062367-000, 1785 CLAY DR 95.2206/13/2022 061-0000-20101-00 MATTHEW ALLEN Refund Check 064744-000, 711 E KNOX ST 8.6306/08/2022 061-0000-20101-00 JAMES BOWER Refund Check 061741-000, 740 S SEMINARY ST 62.5106/08/2022 061-0000-20101-00 HENRY DUCAMP Refund Check 010197-002, 802 ELM ST 87.7006/01/2022 061-0000-20101-00 TIARA DAIS Refund Check 063820-000, 893 N PRAIRIE ST 4 70.1306/02/2022 061-0000-20101-00 L DENISE CONWAY Refund Check 014693-001, 1128 TAMARIND DR 72.9006/01/2022 061-0000-20101-00 ROBERT DAVIS ESTATE Refund Check 048356-000, 1481 N ACADEMY ST 30.1606/08/2022 061-0000-20101-00 JESSICA FOGERTY Refund Check 059340-000, 717 RUBY ST 9.7406/01/2022 061-0000-20101-00 MARY LOU BROCK Refund Check 024087-000, 1715 MCMASTERS AVE 35.3306/08/2022 061-0000-20101-00 KRISTINA BRETT-BUCKMAN Refund Check 046355-001, 268 COLUMBUS AVE 81.7906/08/2022 061-0000-20101-00 STEPHANIE CAMPBELL Refund Check 045826-001, 1088 DAYTON DR 74.0606/08/2022 061-0000-20101-00 ERIONN WALLACE Refund Check 063020-001, 1748 BEECHER AVE 11.8006/01/2022 AP-Transactions by Account (06/14/2022 - 2:38 PM)Page 13 Account Number Vendor AmountDescription PO No Date 061-0000-20101-00 JIAFENG YAN Refund Check 063572-000, 576 MAPLE AVE 1 23.2006/01/2022 061-0000-20101-00 JIAFENG YAN Refund Check 063572-001, 576 MAPLE AVE 2 67.2706/08/2022 061-0000-20101-00 BIANNCA TURNER Refund Check 059960-000, 1525 MCKNIGHT ST 53.7506/08/2022 061-0000-20101-00 RICHARD LEGG Refund Check 048047-002, 1194 N BROAD ST 62.0506/08/2022 061-0000-20101-00 NICHOLAS SEAVER Refund Check 064206-000, 169 CEDAR AVE 112.8406/01/2022 061-0000-20101-00 MARK MARTIN Refund Check 005097-064, 397 MONROE ST 96.1606/01/2022 061-0000-20101-00 NATHAN MESSMORE Refund Check 043804-000, 980 SWEETBRIAR PL 34.3506/01/2022 061-0000-20101-00 DONALD KAMINSKI ESTATE Refund Check 059630-000, 966 N CEDAR ST 69.6006/02/2022 061-0000-20101-00 NICHOLAS SEAVER Refund Check 064206-000, 169 CEDAR AVE 2.7506/01/2022 061-0000-20101-00 TERRENCE JOHNSON Refund Check 052903-000, 748 S WEST ST 41.8906/08/2022 061-0000-20101-00 RAMANPREET GREWAL Refund Check 064156-000, 1760 N BROAD ST 54.1006/13/2022 061-0000-20101-00 JAMES LADUKE Refund Check 011944-002, 752 E NORTH ST 125.6806/08/2022 061-0000-20101-00 TANNER PEED Refund Check 064748-000, 513 N CEDAR ST 80.1306/13/2022 061-0000-20101-00 KRISTY NICHOLS Refund Check 044418-001, 1017 N KELLOGG ST 114.1306/08/2022 061-0000-20102-00 CenturyLink 05/22 Service 257.7606/14/2022 061-0000-20102-00 Stratus Networks, Inc 06/22 Service 125.5206/14/2022 061-0000-51000-00 Pace Analytical Services LLC Water testing 14.0006/14/2022 061-0000-51000-00 Pace Analytical Services LLC Water testing 14.0006/14/2022 061-0000-51000-00 Pace Analytical Services LLC Water testing 2,750.0006/14/2022 061-0000-51000-00 Knox County Recorders Office 05/22 Laredo 21.2006/14/2022 061-0000-51000-00 Baker Tilly US, LLP 2021 Fiscal Year Audit 10,820.00 000009219106/14/2022 061-0000-51000-00 SpringbrookSoftware LLC 05/22 CivicPay PayPad Transaction Fee 136.7406/14/2022 061-0000-51000-00 Klingner & Associates, P.C. - Architectural GroupPFAS Pilot Water Treament Study 5,090.00 000009205006/14/2022 061-0000-51010-00 James M Kelly, Attorney 02/22 Legal services 82.5006/14/2022 061-0000-51500-00 Sebis Direct Inc 04/22 UB printing costs 777.5206/14/2022 061-0000-51500-00 Sebis Direct Inc 04/22 Water quality verbiage 62.5006/14/2022 061-0000-52000-00 American Electric Power 05/22 Electricity 11,395.9705/31/2022 061-0000-52300-00 Nicor Gas 05/22 Heat #14511554116 844.8605/31/2022 061-0000-52300-00 Ameren Illinois 05/22 Heat #1017455691 182.9705/31/2022 061-0000-54000-00 Shelby Schwieter Cell Phone Allowance 30.0005/31/2022 061-0000-54000-00 Mark Schwieter Cell Phone Allowance 30.0005/31/2022 061-0000-54000-00 Michael Mackey Cell Phone Allowance 30.0005/31/2022 061-0000-54000-00 Jerami Brown Cell Phone Allowance 30.0005/31/2022 061-0000-54000-00 Timothy Fey Cell Phone Allowance 30.0005/31/2022 061-0000-55500-00 Enercon Engineering, Inc Generator switchover service 1,305.0006/14/2022 061-0000-55500-00 Foremost Industrial Technologies INSPECTION AND RECONDITION OF HSP1 MOTOR IN OQUAWKA 7,595.55 000009206606/14/2022 061-0000-55700-00 Royal Cleaning Services 06/22 Janitorial services 464.0006/14/2022 AP-Transactions by Account (06/14/2022 - 2:38 PM)Page 14 Account Number Vendor AmountDescription PO No Date 061-0000-55700-00 Four Seasons Pest Control 05/22 Service 30.0006/14/2022 061-0000-55700-00 Four Seasons Pest Control 05/22 Service 55.0006/14/2022 061-0000-55700-00 Dowers Roofing, Inc.Leak repair 428.0006/14/2022 061-0000-55700-00 Waste Management, Inc.06/22 Service 18.2306/14/2022 061-0000-55700-00 Waste Management, Inc.06/22 Service 101.9906/14/2022 061-0000-55800-00 Jack Henry & Associates 07/22 - 12/22 Remit and Remote Deposit Annual Maintenance 816.8206/14/2022 061-0000-66000-00 Galesburg Builders Supply, Inc CONTROLLED LOW STRENGTH MATERIAL (CLSM) - DELIVERED 195.00 000009211306/14/2022 061-0000-66000-00 Core & Main Copper tubing 2,778.8806/14/2022 061-0000-66000-00 Galesburg Builders Supply, Inc PORTLAND CEMENT CONCRETE, CL PP1 MIX - DELIVERED 188.50 000009211306/14/2022 061-0000-66000-00 Core & Main Misc materials 3,200.0006/14/2022 061-0000-66500-00 Ditch Witch-Iowa Inc.Subsite pipe locator 5,059.03 000009220406/14/2022 061-0000-66700-00 Core & Main 510M 3WIRE INSIDE SET RADIO 11,232.00 000009215306/14/2022 061-0000-68500-00 IDEXX Distribution Inc.Misc chemicals 919.9306/14/2022 061-0000-68500-00 Hawkins, Inc 2022 Liquid Chlorine for Water Division as per bid 4,944.00 000009207406/14/2022 061-0000-68500-00 IDEXX Distribution Inc.Misc chemicals 1,445.8506/14/2022 84,188.53Subtotal for Divison: 0000 Subtotal for Fund 061 84,188.53 067-0000-20101-00 NICHOLAS SEAVER Refund Check 064206-000, 169 CEDAR AVE 3.7806/01/2022 067-0000-51000-00 Knox County Recorders Office 05/22 Laredo 21.2006/14/2022 067-0000-51000-00 SpringbrookSoftware LLC 05/22 CivicPay PayPad Transaction Fee 68.3806/14/2022 067-0000-51500-00 Sebis Direct Inc 04/22 UB printing costs 388.7006/14/2022 482.06Subtotal for Divison: 0000 Subtotal for Fund 067 482.06 078-0000-51000-00 OSF Occupational Medicine DOT driver physical - R Larson 100.0006/14/2022 078-0000-51000-00 OSF Occupational Medicine DOT driver physical, drug screen, alcohol screen - T Nelson 220.0006/14/2022 078-0000-56535-00 OSF Occupational Medicine Work Comp DOS 05/25/22 #P472997630 213.3406/14/2022 078-0000-56535-00 NES Michigan, Inc.Work Comp DOS 08/13/21 #1143304-08132021 594.4606/14/2022 078-0000-56535-00 OSF Occupational Medicine Work Comp DOS 05/20/22 #0014213700 81.5106/14/2022 078-0000-56535-00 Azer Clinic Work Comp DOS 05/31/22 #ZACPAR 270.0306/14/2022 078-0000-56535-00 Azer Clinic Work Comp DOS 06/02/22 #ZACPAR 105.2206/14/2022 078-0000-56535-00 Southeast Iowa Regional Medical Center Work Comp DOS 05/06/22 #051722270470174 263.0506/14/2022 078-0000-56597-00 Fears Fence Company Alumi-Guard fencing 1,730.0006/14/2022 3,577.61Subtotal for Divison: 0000 AP-Transactions by Account (06/14/2022 - 2:38 PM)Page 15 Account Number Vendor AmountDescription PO No Date Subtotal for Fund 078 3,577.61 091-0000-20102-00 Galesburg Sanitary Dist.06/22 Sanitary Dist fees less 05/22 credit card processing fees -2,088.0206/14/2022 091-0000-20102-00 Galesburg Sanitary Dist.06/22 Sanitary District fees less 3% collection fee -15,300.9206/14/2022 091-0000-20102-00 Galesburg Sanitary Dist.06/22 Sanitary Dist fees less 03/22 & 04/22 postage for liens -2.0206/14/2022 091-0000-20102-00 Galesburg Sanitary Dist.06/22 Sanitary District fees less 03/22 & 04/22 lien fees -487.2406/14/2022 091-0000-22003-00 Galesburg Sanitary Dist.06/22 Sanitary District fees 510,030.6106/14/2022 492,152.41Subtotal for Divison: 0000 Subtotal for Fund 091 492,152.41 Report Total: 890,203.37 AP-Transactions by Account (06/14/2022 - 2:38 PM)Page 16 Check Date Check #Vendor Name Description Account #Amount 5/20/2022 0 Haley Stevenson Non Safety Toe Boots 001-0605-67500 114.99 5/20/2022 0 John Seitz Non Safety Toe Boots 001-0605-67500 236.00 6/2/2022 0 Getz Fire Equipment Co., Inc.Vehicle system inspection service 030-0370-59300 352.45 6/2/2022 0 Getz Fire Equipment Co., Inc.Vehicle system inspection service 030-0320-59300 352.45 6/2/2022 0 Knox County Collector Property Tax - VL W 2246/2284 Promenade Ct 024-0000-84500 207.28 6/2/2022 0 Knox County Collector Property Tax - NW Sec 19 lyg SW I-74 & lyg NE RR 024-0000-84500 7,423.66 6/2/2022 0 Knox County Collector Property Tax - SE Sec 19 lyg N RR & lyg S I-74 (EX pt For Rd)024-0000-84500 10,884.78 6/2/2022 0 Knox County Collector Property Tax - W 1/2 NE Sec 19 lyg S I-74 & pt Lot 5 Commission 024-0000-84500 2,043.38 6/2/2022 0 Knox County Collector Property Tax - PT lot 6 Commissioners Sub lyg SWI-74 E 1/2 NE 024-0000-84500 202.54 6/2/2022 0 Knox County Collector Property Tax - VL NE corner S Seminary & Mulberry 024-0000-84500 557.74 6/2/2022 0 Knox County Collector Property Tax - Lot 1 SW Sec 19 (Ex Pts for Rd)024-0000-84500 1,008.18 6/2/2022 0 Knox County Collector Property Tax - SW Sec 20 lyg S I-74 & NW FA400 & N RR 024-0000-84500 1,816.54 6/2/2022 0 Knox County Collector Property Tax - 13.38 Acs lyg S & W of I-74 S1/2 SW 024-0000-84500 867.76 6/2/2022 0 IAEI-CILD IAEI Meeting - Solar Pet Peeves - R Elsbury 001-0306-54500 20.00 6/2/2022 0 Quadient Leasing USA, Inc Postage for machine 061-0000-10702 500.00 6/2/2022 0 American Electric Power 04/22 Electricity 061-0000-52000 9,072.30 6/2/2022 0 Euclid Beverage Liquor for Golf Concessions 019-1920-64125 262.85 6/2/2022 0 Bluefin Payment Systems 05/22 Pay Pad Processing Fees 067-0000-51000 417.86 6/2/2022 0 Bluefin Payment Systems 05/22 Pay Pad Processing Fees 001-0306-51000 32.13 6/2/2022 0 Bluefin Payment Systems 05/22 Pay Pad Processing Fees 061-0000-51000 835.68 6/2/2022 0 Bluefin Payment Systems 05/22 Pay Pad Processing Fees 001-0115-51000 163.37 6/2/2022 0 Bluefin Payment Systems 05/22 Pay Pad Processing Fees 001-0410-51000 32.13 6/2/2022 0 Bluefin Payment Systems 05/22 UB Webpayment Credit Card processing fee 067-0000-51000 1,179.18 6/2/2022 0 Bluefin Payment Systems 05/22 UB Webpayment Credit Card processing fee 061-0000-51000 2,358.36 6/2/2022 0 Haley Stevenson Meals - Week 5 Basic Firefighter - Champaign, IL - H Stevenson 001-0000-10706 155.00 6/2/2022 96521 Knox County Recorders Office Release 2 Property Maint Liens 001-0160-51300 63.00 6/2/2022 96522 Nicor Gas 04/22 Heat #14511554116 061-0000-52300 1,868.61 6/2/2022 96519 Ameren Illinois 05/22 Electricity #6235036022 030-0320-52000 258.06 6/2/2022 96520 FOSTERBURG FIRE PROTECTION DISTRICT Refund - IFSI Academy housing for 7 weeks 001-0000-20101 912.35 6/2/2022 96519 Ameren Illinois 05/22 Heat #6235036022 030-0370-52300 466.61 6/2/2022 96519 Ameren Illinois 05/22 Electricity #6235036022 030-0370-52000 602.15 6/2/2022 96519 Ameren Illinois 05/22 Heat #6235036022 030-0320-52300 199.97 6/6/2022 0 Bank of Montreal Comcast - 04/22 HD technology fee #20-29 021-0000-54000 9.95 6/6/2022 0 Bank of Montreal Menards - gravel for hole in rear yard 030-0370-66000 3.99 6/6/2022 0 Bank of Montreal Banners on the Cheap - Career Fair banner 001-0510-61000 76.17 6/6/2022 0 Bank of Montreal Amazon - vacuum bags 019-1911-66000 9.19 6/6/2022 0 Bank of Montreal Amazon - name plate for Jessica 019-1905-61000 11.48 6/6/2022 0 Bank of Montreal Glenn's Radiator - alignment #162 001-0445-55500 89.95 Advance Checks and ACH Payments as of 6/14/2022 6/6/2022 0 Bank of Montreal Schulte Supply - marking paint, handheld marking applicators 061-0000-66000 603.51 6/6/2022 0 Bank of Montreal Menards - leaf rakes 019-1975-65500 108.90 6/6/2022 0 Bank of Montreal Day Break - gas for truck #153 061-0000-62510 125.20 6/6/2022 0 Bank of Montreal Crown Awards - award 001-0550-67500 41.98 6/6/2022 0 Bank of Montreal SP Lineman Supply - hydraulic pump repair kit 061-0000-66000 480.00 6/6/2022 0 Bank of Montreal UPS - shipping of red dot 001-0510-53000 14.45 6/6/2022 0 Bank of Montreal Walmart - floor/carpet sweeper, batteries 019-1910-66000 65.62 6/6/2022 0 Bank of Montreal Walmart - plastic totes 019-1940-64000 24.96 6/6/2022 0 Bank of Montreal Efoodcard - food handler certificate - C Mowrer 019-1920-54500 7.99 6/6/2022 0 Bank of Montreal Holt Supply - 2 inch pipe parts 019-1920-66000 28.73 6/6/2022 0 Bank of Montreal Lowes - materials to plant/water trees 019-1975-63500 180.38 6/6/2022 0 Bank of Montreal Acushnet - golf balls for resale - to be refunded 019-1920-64000 289.21 6/6/2022 0 Bank of Montreal S & S Industrial Supply - brake cleaner 001-0445-63000 59.80 6/6/2022 0 Bank of Montreal Menards - wiring supplies 019-1920-65500 47.39 6/6/2022 0 Bank of Montreal Hy Vee - 22-01 kitchen supplies 021-0000-68000 34.74 6/6/2022 0 Bank of Montreal US Cellular - 03/22 Service 061-0000-20102 344.57 6/6/2022 0 Bank of Montreal Comcast - 04/22 cable 001-0630-54000 17.00 6/6/2022 0 Bank of Montreal US Cellular - 03/22 Service 001-0000-20102 34.83 6/6/2022 0 Bank of Montreal Walmart - filters 061-0000-83100 920.32 6/6/2022 0 Bank of Montreal Comcast - 04/22 Internet 001-0205-54000 30.00 6/6/2022 0 Bank of Montreal Lowes - washers 019-1950-65500 2.92 6/6/2022 0 Bank of Montreal Facebook - police recruitment advertising 001-0505-51500 10.00 6/6/2022 0 Bank of Montreal Tri Air Testing - air testing 001-0605-55500 1,695.00 6/6/2022 0 Bank of Montreal Office Specialists - 03/22 Service 019-0000-20102 178.95 6/6/2022 0 Bank of Montreal Office Specialists - 03/22 Service 067-0000-20102 31.39 6/6/2022 0 Bank of Montreal Menards - element for water heater 019-1965-65500 9.99 6/6/2022 0 Bank of Montreal People's - fuel, oil 001-0605-65500 28.96 6/6/2022 0 Bank of Montreal Wilson Paper Co - cleaning supplies 030-0320-65000 281.12 6/6/2022 0 Bank of Montreal Efoodcard - food handler certificate - D Hepner 019-1920-54500 7.99 6/6/2022 0 Bank of Montreal The UPS Store - freight - metal detector repair 061-0000-53500 15.65 6/6/2022 0 Bank of Montreal Walmart - breakfast sandwiches 019-1920-64125 32.94 6/6/2022 0 Bank of Montreal Farm King - garden seeds 019-1940-64000 3.78 6/6/2022 0 Bank of Montreal Todoist Pro Monthly - Todoist Pro subscription 001-0110-55000 4.00 6/6/2022 0 Bank of Montreal Police Records Mgmt - Police Records Mgmt Training - Lafollette 001-0550-54500 159.00 6/6/2022 0 Bank of Montreal Hy Vee - hot dog buns 019-1920-64125 17.94 6/6/2022 0 Bank of Montreal Sling - timeclock & scheduling app 019-1905-55800 113.39 6/6/2022 0 Bank of Montreal Police Records Mgmt - Police Records Mgmt Training - Helms 001-0550-54500 159.00 6/6/2022 0 Bank of Montreal Amazon - decor and cards for employee appreciation week 001-0550-61000 46.95 6/6/2022 0 Bank of Montreal Menards - sump pump, extension cord, check valve, tow strap 019-1920-66500 145.75 6/6/2022 0 Bank of Montreal 04/22 CC Charges - ETSB 001-0000-10407 854.02 6/6/2022 0 Bank of Montreal Lowes - trash grabbers 019-1965-66500 37.96 6/6/2022 0 Bank of Montreal R&B Productions Inc - APWA IL Conference - W Carl 001-0410-54500 150.00 6/6/2022 0 Bank of Montreal Walmart - water for area wide intelligence meeting 001-0510-58500 5.36 6/6/2022 0 Bank of Montreal Amazon - mini notebooks for patrol 001-0510-61000 29.98 6/6/2022 0 Bank of Montreal Galesburg Electric - light bulbs 061-0000-66000 17.64 6/6/2022 0 Bank of Montreal Mixer & Plant Parts - inversion valve #52 001-0605-62500 283.40 6/6/2022 0 Bank of Montreal Menards - 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UPS replacement batteries 061-0000-61700 1,872.54 6/6/2022 0 Bank of Montreal Amazon - screen filters 001-0115-61000 79.98 6/6/2022 0 Bank of Montreal Facebook - police recruitment advertising 001-0505-51500 10.00 6/6/2022 0 Bank of Montreal UPS - order return to Ray OHerron 001-0510-53000 14.79 6/6/2022 0 Bank of Montreal Paypal JookSMS - 03/22 mass texting service 078-0000-55800 100.00 6/6/2022 0 Bank of Montreal Chicago Tribune - 04/22 subscription 001-0110-55000 15.96 6/6/2022 0 Bank of Montreal LexisNexis - legal research subscription 001-0145-55800 86.52 6/6/2022 0 Bank of Montreal Menards - rakes, loppers, pruner - Nature Programs 019-1940-66000 94.93 6/6/2022 0 Bank of Montreal Hy Vee - hot dog buns, ketchup, relish, pickles, olives 019-1920-64125 42.09 6/6/2022 0 Bank of Montreal Walmart - batteries for clocks 019-1920-65500 12.57 6/6/2022 0 Bank of Montreal Menards - mulch 019-1965-63500 66.30 6/6/2022 0 Bank of Montreal Amazon - plastic forks 001-0510-61000 59.00 6/6/2022 0 Bank of Montreal Amazon - award certificate paper 001-0115-61000 59.95 6/6/2022 0 Bank of Montreal Vista Print - advertising refund 019-1905-51500 (151.97) 6/6/2022 0 Bank of Montreal Menards - bathroom vent in shop cover 019-1915-66000 9.99 6/6/2022 0 Bank of Montreal The UPS Store - shipping for golf camera repair 019-1920-53000 51.83 6/6/2022 0 Bank of Montreal Menards - vehicle wax 001-0605-65500 29.96 6/6/2022 0 Bank of Montreal Facebook - police recruitment advertising 001-0505-51500 15.00 6/6/2022 0 Bank of Montreal SHI - receipt printer - front counter 001-0207-61700 325.00 6/6/2022 0 Bank of Montreal Matco - shop tools 030-0370-66500 755.62 6/6/2022 0 Bank of Montreal ITSavvy - external mic for Street building camera 001-0450-66500 146.36 6/6/2022 0 Bank of Montreal Menards - tool caddy, cable cutters 019-1975-66500 40.98 6/6/2022 0 Bank of Montreal Chmbr of Com - Elected Official - Hix, Davis, Smith, Dennis, Cox 001-0105-54500 100.00 6/6/2022 0 Bank of Montreal Lowes - washers 019-1950-65500 5.84 6/6/2022 0 Bank of Montreal Agri Supply - blades #583 019-1965-62500 166.91 6/6/2022 0 Bank of Montreal Valley Distribution - oil 001-0000-10801 1,535.90 6/6/2022 0 Bank of Montreal Acushnet - shoes for resale 019-1920-64000 607.03 6/6/2022 0 Bank of Montreal Lands End - staff shirts 001-0205-61000 23.97 6/6/2022 0 Bank of Montreal Walmart - ceiling paint, primer 019-1910-66000 12.77 6/6/2022 0 Bank of Montreal Office Specialists - ink for printer 019-1965-61000 45.13 6/6/2022 0 Bank of Montreal Inquirehire - background check MW 078-0000-51000 58.00 6/6/2022 0 Bank of Montreal Hy Vee - chips for Masters pool 019-1920-64125 29.97 6/6/2022 0 Bank of Montreal Gill Porter - replacement part for volleyball wench 019-1945-65500 464.50 6/6/2022 0 Bank of Montreal Tractor Supply - materials to plant/water trees 019-1975-63500 16.99 6/6/2022 0 Bank of Montreal Comcast - 04/22 IDOT modem 001-0000-10407 111.85 6/6/2022 0 Bank of Montreal Amazon - sales tax to be refunded 001-0000-10407 5.25 6/6/2022 0 Bank of Montreal Kaser Power Equipment - muffler #581 020-0000-62500 112.56 6/6/2022 0 Bank of Montreal Amazon - monitor stand 001-0605-61700 131.98 6/6/2022 0 Bank of Montreal Menards - folding cart 019-1945-66500 41.99 6/6/2022 0 Bank of Montreal Farm King - cable puller 001-0445-66500 52.09 6/6/2022 0 Bank of Montreal Hampton Inn - lodging - ILCMA Conference 001-0110-54500 356.16 6/6/2022 0 Bank of Montreal Farm King - bulk fasteners 019-1920-66000 3.11 6/6/2022 0 Bank of Montreal Sling Online Scheduling - online scheduling software 001-0510-55000 51.74 6/6/2022 0 Bank of Montreal Lowes - materials to plant/water trees 019-1975-63500 75.42 6/6/2022 0 Bank of Montreal Illinois Tollway - tolls for training travel 001-0510-54500 30.30 6/6/2022 0 Bank of Montreal CDWg - replacement signature pad for front counter 001-0207-61700 564.78 6/6/2022 0 Bank of Montreal People's - plumbing - Brooks 001-0605-66000 17.98 6/6/2022 0 Bank of Montreal AC McCartney - tach sensor #356 020-0000-62500 74.21 6/6/2022 0 Bank of Montreal Lowes - lumber for forms 014-0000-66000 124.10 6/6/2022 0 Bank of Montreal CDWg - UPS replacement - J McNaught 001-0450-61700 407.47 6/6/2022 0 Bank of Montreal Hy Vee - hot dog buns 019-1920-64125 11.96 6/6/2022 0 Bank of Montreal Walmart - candy, supplies, flashlights 019-1940-64000 79.27 6/6/2022 0 Bank of Montreal Hy Vee - 22-01 kitchen supplies 021-0000-68000 106.75 6/6/2022 0 Bank of Montreal Walmart - hot dog buns, breakfast sandwiches 019-1920-64125 29.70 6/6/2022 0 Bank of Montreal Titleist - clothes for resale 019-1920-64000 50.43 6/6/2022 0 Bank of Montreal Chicago Tribune - 03/22 subscription 001-0110-55000 15.96 6/6/2022 0 Bank of Montreal Farm King - fasteners, gasket washer 019-1920-66000 36.54 6/6/2022 0 Bank of Montreal Big Lots - Fishing Derby prizes 019-1940-64000 216.80 6/6/2022 0 Bank of Montreal Vista Print - advertising refund 019-1905-51500 (55.72) 6/6/2022 0 Bank of Montreal Menards - sales tax to be refunded 019-0000-10407 9.53 6/6/2022 0 Bank of Montreal Farm King - bearings, pistol hoses 001-0450-65000 78.16 6/6/2022 0 Bank of Montreal Walmart - Easter egg hunt supplies 019-1940-64000 337.20 6/6/2022 0 Bank of Montreal SupplyHouse.com - gaskets, packing material 019-1915-65500 73.51 6/6/2022 0 Bank of Montreal Midstate - filter cleaning #522 019-1915-55500 17.00 6/6/2022 0 Bank of Montreal American Planning Assoc ISS - Spring training conf - S Gugliotta 001-0305-54500 75.89 6/6/2022 0 Bank of Montreal AT&T - wireless connection for squad 001-0510-54500 26.91 6/6/2022 0 Bank of Montreal Real Wheels - cover #52 001-0605-62500 43.71 6/6/2022 0 Bank of Montreal UPS Store - shipping core return #550 019-1920-53000 13.37 6/6/2022 0 Bank of Montreal Carl Sandburg College - food manager class - B Luedtke 019-1920-54500 145.00 6/6/2022 0 Bank of Montreal Vista Print - advertising refund 019-1905-51500 (55.72) 6/6/2022 0 Bank of Montreal KC Store Fixtures - Golf Shop materials 019-1920-66000 58.62 6/6/2022 0 Bank of Montreal Efoodcard - food handler certificate - K Smith 019-1920-54500 7.99 6/6/2022 0 Bank of Montreal USA BlueBook - multigas detector filter 061-0000-65500 32.95 6/6/2022 0 Bank of Montreal RLI Insurance Confirmation - notary - L Mings 001-0510-57000 30.00 6/6/2022 0 Bank of Montreal Black Clover - clothes for resale 019-1920-64000 206.91 6/6/2022 0 Bank of Montreal Menards - deck screws 019-1920-66000 53.16 6/6/2022 0 Bank of Montreal Wilson Paper Co - oil absorbant 001-0450-65000 67.70 6/6/2022 0 Bank of Montreal Office Specialists - 03/22 Service 030-0000-20102 100.52 6/6/2022 0 Bank of Montreal UPS - shipping of red dot 001-0510-53000 14.45 6/6/2022 0 Bank of Montreal Menards - air compressor, hose, attachments 019-1920-66000 164.97 6/6/2022 0 Bank of Montreal Chamber of Commerce - Elected Official Luncheon - Idle 001-0510-54500 20.00 6/6/2022 0 Bank of Montreal Amazon - basketballs, badminton birdies 019-1940-64000 52.97 6/6/2022 0 Bank of Montreal Menards - hex washers 030-0370-62500 5.69 6/6/2022 0 Bank of Montreal Bank of Springfield - parking for TIF Conf - S Gugliotta 001-0305-54500 13.00 6/6/2022 0 Bank of Montreal SurveyMonkey - 05/22 - 12/22 survey services 001-0000-10701 128.00 6/6/2022 0 Bank of Montreal Titanium - 2 replacement monitors - CRP replacement 057-0000-61700 397.48 6/6/2022 0 Bank of Montreal Iowa PGA - PGA seminar - B Luedtke 019-1920-54500 35.00 6/6/2022 0 Bank of Montreal Menards - paint for building 030-0370-66000 49.97 6/6/2022 0 Bank of Montreal Ameren Illinois - 04/22 Service 001-0000-20102 36.01 6/6/2022 0 Bank of Montreal Amazon - food for employee appreciation week 001-0550-68000 105.74 6/6/2022 0 Bank of Montreal SHI - receipt printer 001-0207-61700 325.00 6/6/2022 0 Bank of Montreal Go Van Goghs - embroidery for staff shirts 001-0205-51000 270.00 6/6/2022 0 Bank of Montreal Fastenal - materials to fix ornamental lights 014-0000-64500 130.22 6/6/2022 0 Bank of Montreal Verizon Wireless - 03/22 Service 001-0000-20102 1,387.61 6/6/2022 0 Bank of Montreal Lowes - hook 019-1960-66000 6.48 6/6/2022 0 Bank of Montreal Blick Art Materials - foam core, program materials 019-1945-66000 30.00 6/6/2022 0 Bank of Montreal Scott Equipment - weed eater parts 019-1965-65500 33.82 6/6/2022 0 Bank of Montreal Black Clover - clothes for resale 019-1920-64000 543.89 6/6/2022 0 Bank of Montreal Walmart - hot dog buns 019-1920-64125 18.06 6/6/2022 0 Bank of Montreal Grainger - o-rings 019-1950-65500 6.80 6/6/2022 0 Bank of Montreal Amazon - gloves for bunny costume 019-1940-64000 6.99 6/6/2022 0 Bank of Montreal Lowes - 2x4 treated for brick project 019-1920-66000 9.48 6/6/2022 0 Bank of Montreal Eastern IL University - 05/22 - 12/22 IMTA dues - G Osborn 001-0205-55000 66.67 6/6/2022 0 Bank of Montreal AC McCartney - fuel filter #520 019-1915-62500 23.13 6/6/2022 0 Bank of Montreal USPS - stamps 030-0320-53000 46.40 6/6/2022 0 Bank of Montreal Chamber of Comm - Elected Official Lunch - Bennewitz, Gugliotta 001-0115-54500 40.00 6/6/2022 0 Chuck Humes Umpire - 4 games 019-1940-51400 140.00 6/6/2022 0 Dan Burgland Umpire - 4 games 019-1940-51400 140.00 6/9/2022 0 Haley Stevenson Meals - Week 6 Basic Firefighter - Champaign, IL - H Stevenson 001-0000-10706 155.00 6/9/2022 0 Western Illinois Regional Council - CAA Single Family Rehabilitation Program Grant 013-0000-83100 44,070.60 6/9/2022 4051 J W Summy Contracting Corp.DCEO RLF at 260 Blaine Ave 013-0000-83100 2,500.00 6/9/2022 20078 J W Summy Contracting Corp.DCEO HELP Pilot at 260 Blaine Ave 013-0000-83100 4,485.00 6/10/2022 0 Breakthru Beverage Illinois, LLC Liquor for Golf Concessions 019-1920-64125 192.00 6/10/2022 0 Cardconnect 05/22 Card Connect Credit Card Charges 019-1955-51000 8.11 6/10/2022 0 Cardconnect Credit card machine at Campground 019-1925-61700 288.19 6/10/2022 0 Chuck Humes Umpire - 4 games 019-1940-51400 140.00 6/10/2022 0 G & M Distributors Bloody mary mix 019-1920-64125 45.00 6/10/2022 0 Quadient Leasing USA, Inc Postage for machine 061-0000-10702 500.00 6/10/2022 0 Dan Burgland Umpire - 4 games 019-1940-51400 140.00 6/10/2022 0 Euclid Beverage Liquor for Golf Concessions 019-1920-64125 747.70 6/10/2022 0 Cardconnect 05/22 Card Connect Credit Card Charges 019-1950-51000 117.71 6/10/2022 0 Cardconnect 05/22 Card Connect Credit Card Charges 019-1935-51000 88.31 6/10/2022 0 Cardconnect 05/22 Card Connect Credit Card Charges 019-1925-51000 353.26 6/10/2022 0 Cardconnect 05/22 Card Connect Credit Card Charges 019-1905-51000 338.65 6/10/2022 0 Wells Fargo Merchant Services 05/22 Credit Card Fees 019-1920-51000 2,496.00 6/10/2022 0 Cardconnect 05/22 Card Connect Credit Card Charges 019-1930-51000 18.57 6/10/2022 0 Cardconnect 05/22 Card Connect Credit Card Charges 019-1945-51000 76.49 Grand Total 167,205.04$ COUNCIL LETTER CITY OF GALESBURG JUNE 6, 2022 AGENDA ITEM: Ordinance to amend Chapter 30 of the Galesburg Municipal Code relating to Public Comment. SUMMARY RECOMMENDATION: The Interim City Manager, City Attorney, and City Clerk recommend approval regulating the time limit for public comment as required by the Open Meetings Act. BACKGROUND:In October 2014, City Council approved Ordinance 14-3463 establishing Public Participation rules for all meetings per Illinois Public Act 96-1473. This act permits any person an opportunity to address public officials by adding a Public Comment section to every agenda, including all boards and commissions. At the request of the Mayor, this Ordinance amends the time allotted to a speaker from three minutes to five minutes. BUDGET IMPACT: None SUPPORTING DOCUMENTS: 1. Ordinance Prepared by: KRB Page 1 of 1 22-1018 ORDINANCE NO. _________________ AN ORDINANCE AMENDING SECTION 30.06 (H) OF THE GALESBURG MUNICIPAL CODE REGARDING PUBLIC PARTICIPATION WHEREAS,the City of Galesburg is an Illinois home rule municipal corporation organized and operating pursuant to Article VII of the Illinois Constitution of 1970; and WHEREAS,Article VII,Section 6(a)of the Illinois Constitution grants a home rule unit authority to exercise any power and perform any function pertaining to its government and affairs; and WHEREAS,the Illinois Open Meeting Act requires that any person shall be permitted an opportunity to address public officers under the rules established and recorded by the public body; and WHEREAS,the City of Galesburg is desirous of establishing rules by which members of the public may address public officials at public meetings; BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GALESBURG,ILLINOIS,AS FOLLOWS: SECTION ONE:The foregoing recitals are hereby incorporated into this Ordinance as is fully set forth herein. SECTION TWO:Section 30.06 (h)of the Galesburg City Code is amended in its entirety, and shall hereafter read as follows: (H) All speakers shall limit their comments to approximately three five minutes. SECTION THREE:All ordinances or parts of ordinances in conflict with this ordinance are, to the extent of such conflict, hereby repealed. SECTION FOUR:This ordinance shall be in full force and effect from and after its passage, approval and publication as provided by law. Approved this ______ day of __________________ 2022, by a roll call vote as follows: Roll Call #: ____________ Ayes: ________________________________________________________________________ Nays: _______________________________________________________________________ Absent: ______________________________________________________________________ Abstain:______________________________________________________________________ _______________________________________ Peter D. Schwartzman, Mayor ATTEST: ___________________________________ Kelli R. Bennewitz, City Clerk ___________________________________________________________________________________________________________________________________________________________________________________________ Prepared by Gug Page 1 of 1 COUNCIL LETTER CITY OF GALESBURG JUNE 6, 2022 AGENDA ITEM: Amendment to Chapter 90 of the Galesburg Municipal Code regulating Beekeeping. SUMMARY RECOMMENDATION: The Interim City Manager and Director of Community Development recommend approval of the ordinance amendment. BACKGROUND: The existing ordinance in regards to Beekeeping is found in Section 90.015 and simply states no person shall keep or maintain bees in any residential area in such a manner as to cause inconvenience or disturbance to other persons by reason of the swarming or stinging of the bees. The purpose of the ordinance amendment is to be more specific about what is allowed. The draft ordinance was shared with a Horticulture Educator at the U of I Extension Office and the Illinois State Beekeepers Association. The Illinois Department of Agriculture (IDOA) requires all beekeepers to register with IDOA and be inspected. The proposed ordinance would require every person maintaining or keeping bees to provide the city a copy of the registration and inspection certificate. All apiaries (place where bee colonies are kept) shall be identified by having the Illinois registration number in weatherproof lettering on the front of the hive, providing a source of water and a need to requeen if there are aggressive characteristics. BUDGET IMPACT: There would be no anticipated impact upon the budget if the ordinance amendment is approved. SUPPORTING DOCUMENTS: 1.Amendment to Chapter 90 of the Galesburg Municipal Code regulating Beekeeping. 22-1019 Page 1 of 2 ORDINANCE NO. _________________ BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GALESBURG, ILLINOIS, AS FOLLOWS: SECTION 1 That Section 90.001 of Chapter 90 of the Galesburg Code of Ordinances be, and the same hereby is amended, by inserting therein the following definitions in alphabetical order: Apiary means a place where bee colonies are kept. Bee means any stage of the common domestic honey bee. Colony means a hive and its equipment and appurtenances, including bees, comb, honey, pollen, and brood. Hive means a structure intended for the housing of a bee colony. SECTION 2 That Section 90.015 of the Galesburg Code of Ordinances shall be, and hereby is, amended by eliminating the following language: Beekeeping. No person shall keep or maintain bees in any residential area in the city in such a manner as to cause inconvenience or disturbance to other persons by reason of the swarming or stinging of the bees. And in its place insert the following language: Beekeeping Every person keeping or maintaining an apiary in the city shall: (1) Submit a copy of the registration with the Illinois Department of Agriculture to the City. All bees or colonies not registered with the Illinois Department of Agriculture shall be declared a nuisance. The beekeeper shall have 30 days in which to register. Failure to comply within 30 days will result in abatement of the nuisance; (2) Submit a copy of the Inspection Certificate signed by the inspector of apiaries, or other officer charged with similar duties from the State of Illinios or other states for bee diseases, bee parasites or other nuisances and found to be in compliance with the Illinois Bees and Apiaries Act (510 ILCS 20/); (3) All apiaries shall be identified. This identification shall consist of the State abbreviation "IL" followed by the beekeeper's Illinois registration number in weatherproof lettering not less than one-half inch in height. The number shall be displayed prominently on the front of a hive. (4) A convenient source of water shall be available at all times to the bees so that the bees will not congregate at swimming pools, bibcocks, pet water bowls, birdbaths Page 2 of 2 or other water sources where they may cause human, bird or domestic pet contact. The water shall be maintained so as not to become stagnant; (5) Upon removal of a bee comb or other materials from the hive, all such materials shall promptly be disposed of in a sealed container or placed within a building or other bee-proof enclosure; (6) In any instance in which a colony exhibits unusually aggressive characteristics by stinging or attempting to sting without due provocation, or exhibits an unusual disposition towards swarming, it shall be the duty of the beekeeper to requeen the colony. Queens shall be selected from stock bred for gentleness and nonswarming characteristics; (7) Any bee colony not residing in a hive structure intended for beekeeping, or any swarm of bees, or any colony residing in a standard or homemade hive which, by virtue of its condition, has obviously been abandoned by the beekeeper, is unlawful. SECTION 3 All ordinances, or parts of ordinances, in conflict with this ordinance are, to the extent of such conflict, hereby repealed. SECTION 4 This ordinance shall be in full force and effect from and after its passage, approval and publication as provided by law. Approved this _ day of , 2022 , by a roll call vote as follows: Roll Call #: Ayes: _________________________________________________________________________ Nays: _________________________________________________________________________ Absent: _______________________________________________________________________ Abstain: _______________________________________________________________________ ATTEST: ______________________________ Peter Schwartzman, Mayor ____________________________ Kelli R. Bennewitz, City Clerk COUNCIL LETTER CITY OF GALESBURG JUNE 20, 2022 AGENDA ITEM: Amendment to Section 113.043 (A) of Chapter 113 of the Galesburg Municipal Code regarding the limitation on the number of Class A-1 liquor licenses. SUMMARY RECOMMENDATION: The Liquor Commissioner, City Attorney, and the City Clerk recommend approval of the ordinance. BACKGROUND:Currently, the limitation on the Class A-1 licenses is twenty-five. This ordinance would add one license to the City’s inventory. The new owners of Knox Investments, Inc. (d/b/a Showgirls) were approved for an Adult Establishment License and would like to reapply for a liquor license. A Class A-1 license would authorize Showgirls to sell alcoholic liquor for consumption either on or off the premises. They also plan to apply for gaming with the State of Illinois Gaming Board. BUDGET IMPACT: Revenue of $2,850 annually plus gaming license fees. SUPPORTING DOCUMENTS: 1. Ordinance Prepared by: KRB Page 1 of 1 22-1020 ORDINANCE NO. _________________ AN ORDINANCE AMENDING SECTION 113.043(A) OF THE GALESBURG CITY CODE REGARDING THE NUMBER OF CLASS A LIQUOR LICENSES WHEREAS,the City of Galesburg is an Illinois home rule municipal corporation organized and operating pursuant to Article VII of the Illinois Constitution of 1970; and WHEREAS,the City has adopted certain liquor license regulations designed to protect the health,safety and welfare,which are codified in Chapter 113 of the Galesburg City Code; and WHEREAS,Section 4-1 of the Illinois Liquor Control Act,235 ILCS 5/4-1,empowers the Mayor and City Council to establish conditions,regulations and restrictions upon the issuance of local liquor licenses not inconsistent with law as the public good and convenience may require; and WHEREAS,the Mayor and City Council desire to update and revise the City Code to reflect a change in the number of Class A liquor licenses made available. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GALESBURG,ILLINOIS,AS FOLLOWS: SECTION ONE:The foregoing recitals are hereby incorporated into this Ordinance as is fully set forth herein. SECTION TWO:Section 113.043(A)of the Galesburg City Code is amended in its entirety, and shall hereafter read as follows: (A)No more than 26 Class A-1 licenses shall be issued and no more than five class A-2 licenses shall be issued. SECTION THREE:All ordinances or parts of ordinances in conflict with this ordinance are, to the extent of such conflict, hereby repealed. SECTION FOUR:This ordinance shall be in full force and effect from and after its passage, approval and publication as provided by law. Approved this ______ day of __________________ 2022, by a roll call vote as follows: Roll Call #: ____________ Ayes: ________________________________________________________________________ Nays: _______________________________________________________________________ Absent: ______________________________________________________________________ Abstain:______________________________________________________________________ _______________________________________ Peter D. Schwartzman, Mayor ATTEST: ___________________________________ Kelli R. Bennewitz, City Clerk ___________________________________________________________________________________________________________________________________________________________________________________________ Prepared by: JKM Page 1 of 1 COUNCIL LETTER CITY OF GALESBURG JUNE 20, 2022 AGENDA ITEM: Approve a resolution to accept a DCEO Grant for the replacement of the Galesburg Fire Department (GFD) Training Tower. SUMMARY RECOMMENDATION: The Interim City Manager and Fire Chief recommend approval of the resolution accepting grant funds for the replacement of the Training Tower and authorizing city funds for the costs of construction in excess of the grant award. BACKGROUND: The Galesburg Fire Department has utilized the existing tower for almost 18 years. The tower provides realistic fire and rescue training for Galesburg Fire and other local departments. It is normally used for GFD entry level candidate testing but will not be available for the testing process this September due to its deteriorated condition. The training site offers events that bring additional fire departments, police departments and other agencies to Galesburg. Due to the structural integrity issues, the tower has reached the end of its useful life and is no longer considered safe to use. GFD applied for a grant through DCEO and received notification that the City was approved to receive $200,000 towards the project. Based on the quote GFD received for this project previously, and accounting for the continued increases in material costs, plus permits, the project is estimated to cost $325,000. Based on this estimate, it is anticipated the City will be responsible for approximately $125,000. If this resolution is approved, the bidding process will start, with the bids brought to city council at a future meeting for review and approval. BUDGET IMPACT: A transfer from the General Fund to the Grant Fund for the City’s share of the project will be completed and the purchase will be paid out of the Grant Fund. SUPPORTING DOCUMENTS: 1.Grant Application 2.Resolution 22-2037 All applicants must complete Section A and provide a break-down by the applicable budget categories shown in lines 1-18.Row 6: Show the total budget request for which funding is requested.Please use detail worksheet and narrative section for further descriptions and explanations of budgetary line items A) Negotiate an Indirect Cost Rate with the State of Illinois’ Indirect Cost Unit with guidance from our State Cognizant Agency on an annual basis.B) Elect to use the de minimis rate of 10% modified total direct cost (MTDC) which may be used indefinitely on State of Illinois Awards. C) Use a Restricted Rate designated by programmatic statutory policy. (See Notice of Funding Opportunity for Restricted Rate Programs)This form is used to apply to individual State of Illinois discretionary grant programs. Applicants should submit budgets based upon the total estimated costs for the project including all funding sources. Pay attention to applicable program specific instructions, if attached. The applicant organization should refer to 2 CFR 200, “Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards” cited within these instructions. You must consult with your Business Office prior to submitting this form for any award restrictions, limitations or requirements when filling out the narrative and Uniform Budget Template.Section A– Budget SummarySTATE OF ILLINOIS FUNDSAll applicants must complete Section A and provide a break-down by the applicable budget categories shown in lines 1-18. Please read all instructions before completing form.Provide a total requested State of Illinois Grant amount in the Revenue portion of Section A. The amount entered in Line (a) will equal the total amount budgeted on Line 12 of Section A. BUDGET SUMMARY – STATE OF ILLINOIS FUNDSSection A (continued) Indirect Cost Information: (This information should be completed by the applicant’s Business Office). If the applicant is requesting reimbursement for indirect costs on line 18, the applicant’s Business Office must select one of the options listed on the Indirect Cost Information page under Section-A Indirect Cost Information (1-5). Option (1): The applicant has a Negotiated Indirect Cost Rate Agreement (NICRA) that was approved by the Federal government. A copy of this agreement must be provided to the State of Illinois’ Indirect Cost Unit for review and documentation. This NICRA will be accepted by all State of Illinois Agencies up to any statutory, rule-based or programmatic restrictions or limitations. If this option is selected by the applicant, basic information is required for completion of this section. See bottom of “Section-A Indirect Cost Information”Option (2a): The applicant currently has a Negotiated Indirect Cost Rate Agreement with the State of Illinois that will be accepted by all State of Illinois Agencies up to any statutory, rule-based or programmatic restrictions or limitations. The applicant is required to submit a new Indirect Cost Rate Proposal to the Indirect Cost Unit within six (6) months after the close of each fiscal year (2 CFR 200 Appendix IV (C)(2)(c). Note: If this option is selected by the applicant, basic information is required for completion of this section. See bottom of “Section-A Indirect Cost Information”ORCity of GalesburgState of Illinois -- Uniform Budget Template -- General Instructions STATE OF ILLINOIS GRANT FUNDS NOTE: The applicant may not have a Federally Negotiated Indirect Cost Rate Agreement. Therefore, in order for the applicant to be reimbursed for Indirect Costs from the State of Illinoisthe applicant must either: Line 12: Show the total matching or other contribution.Please see detail worksheet and narrative section for further descriptions and explanations of budgetary line itemsOption (2b): The applicant currently does not have a Negotiated Indirect Cost Rate Agreement with the State of Illinois. The applicant must submit its initial Indirect Cost Rate Proposal (ICRP) immediately after the applicant is advised that the State award will be made and, in no event, later than three (3) months after the effective date of the State award (2 CFR 200 Appendix IV (C)(2)(b). The initial ICRP will be sent to the State of Illinois’ Indirect Cost Unit. Note: The applicant should check with the State of Illinois awarding Agency for information regarding reimbursement of indirect costs while its proposal is being negotiatedOption (5): If you are not seeking or not allowed any Indirect.BUDGET SUMMARY – NON STATE OF ILLINOIS FUNDS If the applicant is required to provide or volunteers to provide cost-sharing or matching funds or other non-State of Illinois resources to the project, these costs should be shown for each applicable budget category on lines 1‑18 of Section B.Lines 1-11: For which matching funds or other contributions are provided, show the total contribution for each applicable budget category.Option (3): The applicant elects to charge the de minimis rate of 10% modified total direct cost (MTDC) which may be used indefinitely on State of Illinois awards (2 CFR 200.414 (c)(4)(f) & (200.68). Note: The applicant must be eligible, see 2 CFR 200.414 (f), and submit documentation on the calculation of MTDC within your Budget Narrative under Indirect Costs. Note the applicant may only use the 10 percent de minimis rate if the applicant does not have an Approved Indirect Cost Rate Agreement. The applicant may not use the de minimis rate if it is a Local government, or if your grant is funded under a training rate or restricted rate program.Option (4): If you are applying for a grant under a Restricted Rate Program, indicate whether you are using a restricted indirect cost rate that is included on your approved Indirect Cost Rate Agreement, or whether you are using a restricted indirect cost rate that complies with statutory or programmatic policies. Note: See Notice of State Award for Restricted Rate ProgramsSection B- Budget SummaryNON-STATE OF ILLINOIS FUNDS: If the applicant is required to provide or volunteers to provide cost-sharing or matching funds or other non-State of Illinois resources to the project, the applicant must provide a revenue breakdown of all Non-State of Illinois funds in lines (b)-(d). the total of “Non-State Funds” should equal the amount budgeted on Line 19 of Section B. If a match percentage is required, the amount should be entered in this section.NON-STATE OF ILLINOIS FUNDS 1. Provide an itemized budget breakdown, and justification by project year, for each budget category listed in Sections A and B. a. The specific costs or contributions by budget category; b. The source of the costs or contributions; andc. In the case of third-party in-kind contributions, a description of how the value was determined for the donated or contributed goods or services.[Please review cost sharing and matching regulations found in 2 CFR 200.306.]3. If applicable to this program, provide the rate and base on which fringe benefits are calculated.5. Provide other explanations or comments you deem necessary.Section C - Budget Worksheet & Narrative [Attach separate sheet(s)]Pay attention to applicable program specific instructions, if attached.All applicants are required to submit a budget narrative along with Section A and Section B. The budget narrative is sometimes referred to as the budget justification. The narrative serves two purposes: it explains how the costs were estimated and it justifies the need for the cost. The narrative may include tables for clarification purposes. The State of Illinois recommends using the State of Illinois Uniform Budget Template worksheet and narrative guide provided. 2. For non-State of Illinois funds or resources listed in Section B that are used to meet a cost-sharing or matching requirement or provided as a voluntary cost-sharing or matching commitment, you must include: 4. If the applicant is requesting reimbursement for indirect costs on line 18, this information should be completed by the applicant’s Business Office. Specify the estimated amount of the base to which the indirect cost rate is applied and the total indirect expense. Depending on the grant program to which the applicant is applying and/or the applicant’s approved Indirect Cost Rate Agreement, some direct cost budget categories in the applicant’s grant application budget may not be included in the base and multiplied by your indirect cost rate. Please indicate which costs are included and which costs are excluded from the base to which the indirect cost rate is applied. Keep in mind the following—•A well-prepared budget should be reasonable and demonstrate that the funds being asked for will be used wisely.•The budget should be as concrete and specific as possible in its estimates. Make every effort to be realistic, to estimate costs accurately.•The budget format should be as clear as possible. It should begin with a budget narrative, which you should write after the entire budget has been prepared.•Each section of the budget should be in outline form, listing line items under major headings and subheadings.•Each of the major components should be subtotaled with a grand total at the end. Your budget should justify all expenses and be consistent with the program narrative:•Salaries should be comparable to those within the applicant organization.•If new staff is being hired, additional space and equipment are considered, as necessary.•If the budget lists an equipment purchase, it is the type allowed by the agency.•If additional space is rented, the increase in insurance is supported.§200.308 Revision of budget and program plansAlthough the degree of specificity of any budget will vary depending on the nature of the project and State of Illinois agency requirements, a complete, well-thought-out budget serves to reinforce your credibility and increase the likelihood of your proposal being funded.(e) The Federal/State awarding agency may, at its option, restrict the transfer of funds among direct cost categories or programs, functions and activities for Federal/State awards in which the Federal/State share of the project exceeds the Simplified Acquisition Threshold and the cumulative amount of such transfers exceeds or is expected to exceed 10 percent or $1,000 per detail line item, whichever is greater of the total budget as last approved by the Federal/State awarding agency. The Federal/State awarding agency cannot permit a transfer that would cause any Federal/State appropriation to be used for purposes other than those consistent with the appropriation. •If an indirect cost rate applies to the proposal, the division between direct and indirect costs is not in conflict, and the aggregate budget totals refer directly to the approved formula. Indirect costs are costs that are not readily assignable to a particular project, but are necessary to the operation of the organization and the performance of the project (like the cost of operating and maintaining facilities, depreciation, and administrative salaries). STATE OF ILLINOIS Organization Name:City of GalesburgDUNS# 756148342018 NOFO #CSFA Number: CSFA Description:Remove old fire department training tower and replace it with a new training towerFiscal Year: 2022Grant #10. Other Construction Expenses8. Excavation/Site Prep/Demo-$ -$ 9. PlumbingCommerce & Economic OpportunityS E C T I O N A -- STATE OF ILLINOIS FUNDSTOTAL EXPENDITURES-$ -$ Budget Expenditure Categories 1. Design/Engineering (usually limited to 10% - 15% of total State Grant funds in this budget)2. Building/Land PurchaseUNIFORM GRANT BUDGET TEMPLATE BUDGET SUMMARY STATE OF ILLINOIS FUNDS -$ TOTAL REVENUE Revenues (a). State of Illinois Grant Amount Requested200,000.00$ 200,000.00$ 4. Equipment/Materials/Labor-$ -$ 3. Wiring/Electrical7. Mechanical System5. Paving/Concrete/Masonry-$ 6. Construction Management/Oversight (limited to 10% - 15% of total State Grant funds in this budget)-$ 12. Total Costs State Grant Funds-$ 11. Contingency (limited to maximum 10% of total State Grant funds in this budget)200,000.00$ 1)A.B.C.2a)2b)3)For Restricted Rate Programs (check one) -- Our Organization is using a restricted indirect cost rate that:__________The Restricted Indirect Cost Rate is _________%5) XTo:(mm/dd/yyyy) The Indirect Cost Rate is: 0 %No reimbursement of Indirect Cost is being requested. (Please consult your program office regarding possible match requirements)Basic Negotiated Indirect Cost Rate Agreement information if Option (1) or (2a) is selected Period Covered by the NICRA: From: Approving Federal/State agency (please specify):The Distribution Base is: Our Organization has never received a Negotiated Indirect Cost Rate Agreement from either the Federal government or the State of Illinois and elects to charge the de minimis rate of 10% modified total direct cost (MTDC) which may be used indefinitely on State of Illinois awards (2 CFR 200.414 (c)(4)(f) & (200.68).NOTE: (Your Organization must be eligible, see 2 CFR 200.414 (f), and submit documentation on the calculation of MTDC within your Budget Narrative under Indirect Costs)4)Is included as a “Special Indirect Cost Rate” in our NICRA (2 CFR 200Appendix IV (5) Or;Complies with other statutory policies (please specify):Negotiate an Indirect Cost Rate with the State of Illinois’ Indirect Cost Unit with guidance from your State Cognizant Agency on an annual basis. Elect to use the de minimis rate of 10% modified total direct cost (MTDC) which may be used indefinitely on State of Illinois Awards. Use a Restricted Rate designated by programmatic or statutory policy. (See Notice of Funding Opportunity for Restricted Rate Programs)Our Organization currently does not have a Negotiated Indirect Cost Rate Agreement with the State of Illinois. Our Organization will submit our initial Indirect Cost Rate Proposal (ICRP) immediately after our Organization is advised that the State award will be made and, in no event, later than three (3) months after the effective date of the State award (2 CFR 200 Appendix IV (C)(2)(b). The initial ICRP will be sent to the State of Illinois’ Indirect Cost Unit. NOTE: (Check with your State of Illinois Agency for information regarding reimbursement of indirect costs while your proposal is being negotiated)Our Organization currently has a Negotiated Indirect Cost Rate Agreement with the State of Illinois that will be accepted by all State of Illinois Agencies up to any statutory, rule-based or programmatic restrictions or limitations. Our Organization is required to submit a new Indirect Cost Rate Proposal to the Indirect Cost Unit within six (6) months after the close of each fiscal year (2 CFR 200 Appendix IV (C)(2)(c). NOTE: (If this option is selected, please provide basic Indirect Cost Rate information in area designated below)SECTION - A (continued) Indirect Cost Rate Information If your organization is requesting reimbursement for indirect costs on line 17 of the Budget Summary, please select one of the following options. Our Organization receives direct Federal funding and currently has a Negotiated Indirect Cost Rate Agreement (NICRA) with our Federal Cognizant Agency. A copy of this agreement will be provided to the State of Illinois’ Indirect Cost Unit for review and documentation before reimbursement is allowed. This NICRA will be accepted by all State of Illinois Agencies up to any statutory, rule-based or programmatic restrictions or limitations. NOTE: (If this option is selected, please provide basic Negotiated Indirect Cost Rate Agreement information in area designated below)Your Organization may not have a Federally Negotiated Indirect Cost Rate Agreement. Therefore, in order for your Organization to be reimbursed for Indirect Costs from the State of Illinois, your Organization must either: STATE OF ILLINOIS UNIFORM GRANT BUDGET TEMPLATE Commerce & Economic OpportunityOrganization Name: City of Galesburg NOFO # Fiscal Year 2022Grant Number: Revenues TOTAL REVENUE $96,260.00-$ -$ 96,260.00$ TOTAL EXPENDITURES1,750.00$ -$ 11,480.00$ 21,687.00$ 9,380.00$ 8,623.00$ -$ 33,000.00$ -$ 8,197.00$ -$ 94,117.00$ 12. Total Costs NON-State Grant Funds11. Contingency9. Plumbing6. Construction Management/Oversight10. Other Construction Expenses8. Excavation/Site Prep/DemoS E C T I O N B -- NON STATE OF ILLINOIS FUNDS BUDGET SUMMARY NON-STATE OF ILLINOIS FUNDS Grantee Match Requirement = 0 % NON-STATE Funds Total (b). -Non-cash (c). Other Funding & Contributions (a). -Cash 3. Wiring/Electrical7. Mechanical System5. Paving/Concrete/MasonryBudget Expenditure Categories 1. Design/Engineering2. Building/Land Purchase4. Equipment/Materials/Labor City of GalesburgPurpose Description of Work Item Cost-$ -$ -$ State Total -$ Tower Engineering Tower Engineering - IL Stamped Drawings$1,750.00-$ NON-State Total 1,750.00$ Design/Engineering Total1,750.00$ Narrative (State): Narrative (Non-State) i.e. "Match" or "Other Funding" This is the cost of the actual architectural drawings, with a State of Illinois Approved stamp, for the design of the tower.Section C - Budget Worksheet & Narrative1). Design/Engineering -- Costs associated with planning, design, and construction observation or related services for the proposed project including environmental services, testing, surveys, etc. Costs associated with creation of the project's architectural drawings, engineering studies and/or fees, etc., including costs of plans & specs and/or printing costs if specifically identified as such within the project description. Copies of contracts will be required. * The State portion of this category is usually limited to 10% - 15% of the total State-funded portion in this overall budget. City of GalesburgPurpose Description of Work Item Cost-$ -$ -$ -$ State Total-$ -$ -$ NON-State Total-$ Total-$ Narrative (State): Narrative (Non-State) i.e. "Match" or "Other Funding" Section C - Budget Worksheet & Narrative2). Building/Land Purchase -- Costs to purchase, either in whole or in part a building, structural shell, condominium, land, and/or easement including, but not limited to: the net purchase price itself, closing costs charged to the buyer on the closing document, legal fees, etc. Additionally, costs associated with Right-of-Way, appraisals, property/boundary surveys, legal fees, etc. City of GalesburgItem Quantity/ Duration Cost per Item Item Cost-$ -$ -$ -$ -$ -$ State Total -$ Wiring and Smoke Distribution System1$6,480.006,480.00$ Labor/Inatallation Costs of Electrical 1$5,000.005,000.00$ NON-State Total 11,480.00$ 11,480.00$ Narrative (State): Narrative (Non-State) i.e. "Match" or "Other Funding" The total cost for all electrical wiring, conduit, outlets, switches and all other components to assemble the wiring and smoke distibution system is $6,480.00. The estimated costs for labor/installation of all electrical and electrical components will be $5,000.00TotalSection C - Budget Worksheet & Narrative3). Wiring/Electrical (2 CFR 200.94)-- Purchase of materials necessary for completion of the project scope such as electrical wiring, conduit, outlets, switches, etc. including associated labor/installation costs, as identified within the project description. City of GalesburgItemQuantity Cost Rate Item CostPrefab Tower Structure1 $86,234.0086,234.00$ Doors/Shutters/Hatches1 $15,811.0015,811.00$ Stairs/Railings/Ladders1 $70,841.0070,841.00$ Install1 $27,114.0027,114.00$ State Total200,000.00$ Install1 $19,544.0019,544.00$ Rappelling Anchors1 $575.00$575.00Moveable Interior Walls1 $1,568.001,568.00$ NON-State Total 21,687.00$ Total221,687.00$ Narrative (State) Narrative (Non-State) i.e. "Match" or "Other Funding" The total cost of the install for the tower components will come to $46,658.00. To not exceed the $200,00.00 DCEO Grant amount in the "state" portion, the install cost has been split between the State and Non-State sections. In the State section is $27,114.00 and in the Non-State Section is $19,544.00 for a total of $46,658.00 as the total "install' cost. Section C - Budget Worksheet & Narrative4). Equipment/Materials/Labor (2 CFR 200.474)-- Purchase of materials and/or purchase/lease of equipment, to use or install for the project, such as: steel, drywall, lumber, wiring, doors, windows, roofing, rock, etc. including labor/installation costs, as identified - within the project descriptionThe Prefab Tower Structure, Doors/Shutters/Hatches, Stairs/Railings are all part of the actual structure of the tower and have completely been included in the "State" portion of the project. The Install cost, the actual cost to assemble all of the listed compenents, has been split between the State adn Non-State cost, so that the $200,000.00 grant total was met. The total cost to install all components will be $46,658.00 City of GalesburgItemQuantityCost per ItemItem Cost-$ -$ State Total -$ Paving and Concrete Costs1 $9,380.009,380.00$ -$ NON-State Total9,380.00$ Total9,380.00$ Narrative (State): Narrative (Non-State) i.e. "Match" or "Other Funding" Section C - Budget Worksheet & Narrative5). Paving/Concrete/Masonry (2 CFR 200.459)-- Purchase of materials necessary for completion of the project scope such as bituminous pavement, concrete, rock, bricks, blocks, mortar, tuckpointing, etc. including associated labor/installation costs, as identified within the project description.The total cost of all Concrete will be $9,380.00Page 13 of 21 City of GalesburgPurpose Description of Work Item Cost-$ -$ -$ State Total -$ Construction Management and OversightGeneral Conditions$8,623.00-$ NON-State Total 8,623.00$ Total8,623.00$ Narrative (State): Narrative (Non-State) i.e. "Match" or "Other Funding" This is the cost to manage and provide oversight to the total construction project. $8,623.00Section C - Budget Worksheet & Narrative6). Construction Management/Oversight -- Costs associated with managing the construction activities and/or overseeing all aspects of the construction project, either by contractor personnel or grantee personnel, but limited to verifiable time working on this project. * The State portion of this category is usually limited to 10% - 15% of the total State-funded portion in this overall budget. City of GalesburgItem Quantity/ Duration Cost per Item Item Cost-$ -$ -$ -$ State Total -$ -$ -$ NON-State Total -$ Total-$ Narrative (State): Narrative (Non-State) i.e. "Match" or "Other Funding" Section C - Budget Worksheet & Narrative7). Mechanical System -- Purchase of materials necessary for completion of the project scope such as HVAC, elevators, fire alarm, sprinkler, or ventilation system, etc. including associated labor/installation costs, as identified within the project description. City of GalesburgPurpose Description of Work Item Cost-$ -$ -$ State Total -$ Remove the Old Existing TowerExisting Tower and Foundation Demo/Infill$33,000.00-$ NON-State Total 33,000.00$ Total33,000.00$ Narrative (State): Narrative (Non-State) i.e. "Match" or "Other Funding" Section C - Budget Worksheet & Narrative8). Excavation/Site Prep/Demo -- Costs associated with demolition of existing structures on the project site and/or preparation of the project site including excavation, etc. ahead of actual new construction/renovation activities.This is the total cost to remove the existing tower and the concrete basement currently located below it and backfill the void space created back to grade. $33,000.00 City of GalesburgItemQuantity Cost per ItemItem Cost-$ -$ State Total -$ -$ -$ NON-State Total -$ Total-$ Narrative (State): Narrative (Non-State) i.e. "Match" or "Other Funding" Section C - Budget Worksheet & Narrative9). Plumbing-- Purchase of materials necessary for completion of the project scope such as internal or external pipes for water, gas, and/or sewage; fixtures; etc. including associated labor/installation costs, as identified within the project description. City of GalesburgPurpose Description of Work Item Cost-$ -$ -$ State Total -$ Shipping the new tower to the siteFrieght$7,000.00Building and electrical permitsFees charged by the City of Galesburg related to building and electrical permits$1,197.00NON-State Total 8,197.00$ Total8,197.00$ Narrative (State): Narrative (Non-State) i.e. "Match" or "Other Funding" Section C - Budget Worksheet & Narrative10). Other Construction Expenses -- Costs that cannot be easily broken out to or covered by individual/specific budgetary line items such landscaping, hauling, equipment, rental, insurance, environmental fees, loan payments, etc. as identified within the project description.The frieght costs to ship all of the required components to the tower construction site will be $7,000.00. The building permit fee is $1,154.00 and the electrical permit fee is $43.00 for a total of $1,197.00 City of GalesburgPurpose Description of Work Item Cost-$ -$ State Total -$ -$ -$ NON-State Total -$ Total-$ Narrative (State): Narrative (Non-State) i.e. "Match" or "Other Funding" Section C - Budget Worksheet & Narrative11). Contingency - Coverage of potential cost overruns in any of the other utilized grant budget line items.* The State portion of this category is limited to a maximum 10% of the total State-funded portion in this overall budget. City of GalesburgBudget CategoryState NON-State Total 1. Design/Engineering-$ 1,750.00$ 1,750.00$ 2. Building/Land Purchase-$ -$ -$ 3. Wiring/Electrical-$ 11,480.00$ 11,480.00$ 4. Equipment/Materials/Labor200,000.00$ 21,687.00$ 221,687.00$ 5. Paving/Concrete/Masonry-$ 9,380.00$ 9,380.00$ 6. Construction Management/Oversight-$ 8,623.00$ 8,623.00$ 7. Mechanical System-$ -$ -$ 8. Excavation/Site Prep/Demo-$ 33,000.00$ 33,000.00$ 9. Plumbing-$ -$ -$ 10. Other Construction Expenses-$ 8,197.00$ 8,197.00$ 11. Contingency-$ -$ -$ State Request200,000.00$ Non-State Amount94,117.00$ TOTAL PROJECT COSTS294,117.00$ Budget Narrative Summary--When you have completed the budget worksheet, transfer the totals for each category to the spaces below to the uniform template provided (SECTION A & B). Verify the total costs and the total project costs. Indicate the amount of State requested funds and the amount of non-State funds that will support the project.Section C - Budget Worksheet & Narrative Grant Number 0DateDateDateDate§200.308 Revision of budget and program plansNOFO # CSFA # DUNS #756148342018 Fiscal Year: 2022Fiscal & Administrative Approval Signature Program Approval Signature Final Budget Amount Approved200,000.00$ Program Approval Signature Fiscal & Administrative Approval Signature (e) The Federal/State awarding agency may, at its option, restrict the transfer of funds among direct cost categories or programs, functions and activities for Federal/State awards in which the Federal/State share of the project exceeds the Simplified Acquisition Threshold and the cumulative amount of such transfers exceeds or is expected to exceed 10 percent or $1,000 per detail line item, whichever is greater of the total budget as last approved by the Federal/State awarding agency. The Federal/State awarding agency cannot permit a transfer that would cause any Federal/State appropriation to be used for purposes other than those consistent with the appropriation. Budget Revision Approved Agency Approval STATE OF ILLINOIS UNIFORM GRANT BUDGET TEMPLATEAGENCY: Commerce & Economic OpportunityOrganization Name: City of GalesburgCSFA Description: Remove old fire department training tower and replace it with a new training tower Conflict of Interest Disclosure Award applicants and recipients of awards from the State of Illinois (collectively referred to herein as “Grantee”) must disclose in writing to the awarding State agency any actual or potential conflict of interest that could affect the State award for which the Grantee has applied or has received. See 30 ILCS 708/35; 44 Ill. Admin Code § 7000.40(b)(3); 2 CFR § 200.112. A conflict of interest exists if an organization's officers, directors, agents, employees and/or their spouses or immediate family members use their position(s) for a purpose that is, or gives the appearance of, being motivated by a desire for a personal gain, financial or nonfinancial, whether direct or indirect, for themselves or others, particularly those with whom they have a family business or other close associations. In addition, the following conflict of interest standards apply to governmental and non- governmental entities. Governmental Entity. If the Grantee is a governmental entity, no officer or employee of the Grantee, member of its governing body or any other public official of the locality in which the award objectives will be carried out shall participate in any decision relating to a State award which affects his/her personal interest or the interest of any corporation, partnership or association in which he/she is directly or indirectly interested, or which affects the personal interest of a spouse or immediate family member, or has any financial interest, direct or indirect, in the work to be performed under the State award. Non-governmental Entity. If the Grantee is a non-governmental entity, no officer or employee of the Grantee shall participate in any decision relating to a State award which affects his/her personal interest or the interest of any corporation, partnership or association in which he/she is directly or indirectly interested, or which affects the personal interest of a spouse or immediate family member, or has any financial interest, direct or indirect, in the work to be performed under the State award. The Grantee shall also establish safeguards, evidenced by policies, rules and/or bylaws, to prohibit employees or officers of Grantee from engaging in actions, which create or which appear to create a conflict of interest as described herein. The Grantee has a continuing duty to immediately notify the Department of Commerce and Economic Opportunity (the “Department”) in writing of any actual or potential conflict of interest, as well as any actions that create or which appear to create a conflict of interest. Definitions: Are there any current potential conflict(s) of interest, or any actions that create or which appear to create a conflict of interest, related to the State award for which your organization has applied? No Yes If there are any current potential conflict(s) of interest, or any actions that create or which appear to create a conflict of interest, related to the State award for which your organization has applied, please describe them all here: _____________________________________________________________________________________________ Page 1 of 1 RESOLUTION NO. ___________ RESOLUTION TO ACCEPT THE DCEO GRANT FOR THE CHIEF DALE MAY TRAINING SITE TRAINING TOWER WITH ADDITIONAL FUNDING FROM THE CONTINGENCY FUND. WHEREAS, the City of Galesburg (the “City”) applied for a grant through the DCEO for the replacement of the Training Tower located at the Chief Dale May Training Site. The City desires to accept the grant; and WHEREAS, the City desires to transfer funds from General Fund to the Grant Fund to pay for cost incurred over the DCEO grant award; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Galesburg, Illinois as follows: 1. That the City Council hereby accepts the Grant from the DCEO. 2. That the City will provide for funding over the DCEO grant award from the General Fund. 3. That the Finance Department will transfer the funds from the General Fund to the Grant Fund. 4. That this resolution shall take effect immediately from and after its passage. Approved this day of , 2022 , by a roll call vote as follows: Roll Call #: Ayes:________________________________________________________________________ Nays:________________________________________________________________________ Absent:______________________________________________________________________ Abstain:______________________________________________________________________ ______________________________ Peter Schwartzman, Mayor ATTEST: ____________________________ Kelli R. Bennewitz, City Clerk _________________________________________________________________________________________________________________________________________________________________________________________ TRAFFIC ADVISORY COMMITTEE JUNE 2022 AGENDA MISSION: To provide technical recommendations for policy decisions by the City Council in order to create safe, efficient, serviceable streets for residents, visitors, and public safety operation 22-08> Request to address speeding on Roberson Ave. and Baird Ave. (Ward 3, Ald. Wallace) • A request was made by a resident to address speeding concerns on Baird Ave. and on Robertson Ave. between Michigan Ave. and Farnham St. • The resident asked if stop signs or speed bumps could be installed to slow down speeders • A similar item was brough to TAC in August, 2021 for Baird Ave. At the same meeting, an all-way stop was requested at Michigan and Baird. The recommendation by TAC at that time was to increase police enforcement and put the temporary radar feedback trailer on the street. The all-way stop was not recommended as it did not meet MUTCD warrants. Also, stop signs are not a recommended way to address speeding on a street. • Speed data was collected on Baird Ave. after the request was made in August 2021. The results of the speed study showed that the 85th percentile speed was 28 mph and the 10 mph pace was 18-27 mph. Based on those results, it was concluded that there were isolated incidences of speeding, but overall speeding was not prevalent. • Based on previous speed data that has been collected in the area, the Committee would recommend placing the temporary radar feedback trailer on the street and increasing police enforcement. _________________________________________________________________________________________________________________________________________________________________________________________ Location Map Recommendation: Place temporary radar feedback trailer on the street and increase enforcement 22-09> Request to address speeding concerns on E. Main St. near Allens Ave.. (Ward 2, Ald. Dennis) • A request was made by a resident to address speeding concerns on E. Main St. near the intersection with Allens Ave. • The request stated that pulling on to E. Main St. from Allens Ave. in the morning is difficult due to traffic speeding on E. Main St. They also stated that the property on the SW corner of Main and Allens Ave. partially blocks the view of motorists, requiring them to creep out onto Main St. to see oncoming vehicles. • Their request asked that a radar feedback sign be installed to slow traffic. • The Committee discussed that speeding may be an issue at this location based on _________________________________________________________________________________________________________________________________________________________________________________________ some of the enforcement that the Police Department has done in that area. Speed data had not been collected at the time of the meeting. Speed data will be collected prior to the next meeting and looked at to determine a recommendation. If speeding is common, a permanent measure, such as installing a radar feedback sign could be an option Location Map Recommendation: Further study when speed data is available _________________________________________________________________________________________________________________________________________________________________________________________ 22-10> Request for a 2-hour parking spot on Cherry St. in front of Frame Works (Ward 4, Ald. White) • A request was made by the owner of Frame Works on Cherry St. south of Main St. to install a 2-hour parking spot in front of their entrance. • The request stated that employees of the adjacent property to the north park in the parking spot for long periods of time. They feel the 2-hour parking spot would be beneficial for both their business and the bars and restaurants in the area. • Currently, Cherry St. on that block has street parking on both sides of the street. • The City does not have any current parking restrictions for street parking of two hours or less. Courtesy signs have been installed in some locations downtown to try and prevent long-term parking in the area. These restrictions are not enforceable by ordinance, only recommendations. • The Committee discussed that it is not currently a practice to install enforceable 2- hour parking signs on the street. Courtesy signs have been installed in the past in the downtown area, but these signs are not subject to ticket but are there only to discourage long-term parking. It is not recommended to install one of these signs at this location. However, city staff is currently looking at the need for a permanent short term parking solution in the downtown area, such as for curbside pickup. This location will be looked at as part of that study. _________________________________________________________________________________________________________________________________________________________________________________________ Location Map Recommendation: Do not install a 2-hour parking restriction. Further study to determine if another short-term parking solution is needed on this block to serve the businesses. _________________________________________________________________________________________________________________________________________________________________________________________ 22-11> Request to install an all-way stop at Knox St. and Lombard St. and at Knox St. and Locust St. (Ward 3, Ald. Wallace) • Two separate requests were made to address concerns at the intersections of Knox St. and Lombard St. and Knox St. and Locust St. • The request stated that speeding vehicles on Knox St., motorists disobeying the stop signs at these intersections, and the school traffic and pedestrians made these intersections dangerous. The requests asked for these intersections to be all-way stops. • Currently, Knox St. is the through street and traffic is required to stop at both Locust St. and Lombard St. Parking is allowed at on both sides of Knox St. • The Committee discussed that grade levels and number of students that will be attending Lombard next school year will change, and any long-term changes should be looked at after that change has occurred. Traffic during busy times will be observed once school is in session. Staff will look at the warrants for an all-way stop to determine if there is a need for any changes to the traffic control at these intersections. _________________________________________________________________________________________________________________________________________________________________________________________ Location Map Recommendation: Further study 22-07> Request to allow Utility Vehicles (UTV’s) or golf carts on City streets • A request was made during public comment at a City Council meeting to allow UTV’s or golf carts on City streets. • Illinois law does not allow the use of ATV’s or UTV’s on any street, highway, or roadway. The statewide prohibition also does not apply where a local ordinance or resolution has been adopted that permits UTV use on local roadways. _________________________________________________________________________________________________________________________________________________________________________________________ • Other municipalities within Illinois have passed ordinances allowing UTV or golf cart use on city streets with certain stipulations. The examples found of other municipalities that allow these vehicles were communities less populated than Galesburg. Their use is often limited to local streets with less traffic, and they cannot be driven on state routes. Drivers must be licensed and are still governed by all rules of the road when operating these vehicles on local street. The vehicles are required to be registered and permitted within the city and be equipped to be driven on the street. • The closest comparable city in Illinois in terms of population that was found was Jacksonville, IL. They are a community of ~20,000, but similar to Galesburg, they have some busier streets and State routes in the City. A representative from the City of Jacksonville was consulted to find out information on what their experience has been with the ordinance. The following information was discussed: o They have allowed UTV’s and golf carts to be used on local streets for the last 7 years. ATV’s are not allowed. o Each vehicle and user must register each calendar year they are going to use the vehicle o The vehicle is inspected by the City each year prior to registering, and the user must show proof of license and insurance o They permit approximately 50-60 vehicles each year on average o The vehicle must be equipped with seatbelts and a list of other safety features o They charge $100 to register and obtain a permit each year o Overall, they felt the program had a been a positive one. To their knowledge, there had not been any serious crashes or citations issued for serial offenders of the ordinance. o The biggest issue they experienced was getting the program started and getting the public educated on the requirements of the ordinance. They occasionally receive complaints about vehicles and will have to follow up on each one to ensure they are complying. • The Committee discussed some potential pros and cons of allowing these vehicles on City streets in Galesburg. Some of the potential pros included the following: o Residents may benefit from having an alternative mode of transportation, especially when travelling shorter distances within neighborhood o It may be more fuel efficient, depending on the vehicle o For some, it would be a benefit to living in Galesburg, as not all communities allow the use of these vehicles. • Some of the potential cons discussed by the Committee were as follows: o Crashes involving these vehicles could be more prone to serious or fatal injuries. o Galesburg has more heavily travelled streets than smaller communities where these are typically allowed. o There may be a learning curve in implementing the program and ensuring residents are aware of the requirements. o Overall enforcement of the requirements associated with operating these vehicles would be a concern. Primarily, it may be difficult to enforce the _________________________________________________________________________________________________________________________________________________________________________________________ vehicles not travelling or crossing busier streets. Also, ensuring unlicensed or unregistered motorists are not driving these vehicles. o Some residents may not like the use of these vehicles in neighborhoods, as they can travel off the roadway and could end up on private property. Also, there may be noise concerns when using some of these vehicles on residential streets o The City may have to provide a staff member that would have to inspect vehicles each year for compliance when they register • The Committee discussed the pros and cons, and ultimately do not recommend allowing these vehicles on City streets. Primarily, the safety concerns and other issues mentioned outweighed some of the benefits that were discussed. Recommendation: Do not allow UTV’s or golf carts on city streets ___________________________________________________________________________________________________________________________________________________________________________________________ Prepared by: WEC Page 1 of 1 CITY OF GALESBURG COUNCIL LETTER JUNE 20, 2022 AGENDA ITEM: Revised agreement for professional services agreement for Community Center Master planning. SUMMARY RECOMMENDATION: The Interim City Manager, Interim Director of Park and Recreation, and Director of Community Development recommend approval of the revised agreement for professional services from Farnsworth Group for development of a master plan for a future Community Recreation Center for the fixed fee amount of $18,800 plus time and material for assisting the Council with determining the programs and services to be located in the facility. BACKGROUND: Farnsworth Group has experience in developing recreational/community centers. The goal of the master planning study is to establish, through a consensus process, a program of spaces and activities the proposed facility needs to accommodate. Specifically, the scope of this agreement includes: •Meet with the Mayor and Council members to review programming needs and establish priorities. This can be done as a group exercise or individually •Meet with City staff to review program needs •Identify the space and other amenities needed for the agreed upon program needs •Facilitate a tour of two previously completed projects with the Council (Pontiac IL and/or Sycamore, IL) •Based on the program needs and space requirements, evaluate the existing Churchill building for housing the programs. The evaluation will include; identify spaces for the programs, identifying unused space, identify programs that may not fit into the existing building, develop a conceptual design for the facility, develop an opinion of probable cost, and prepare a conceptual rendering of the building showing the new exterior elements and signage. •Based on the program needs and space requirements, evaluate constructing a new building to meet those needs instead of renovating Churchill school. This will include an opinion of probable cost. BUDGET IMPACT: It is proposed for the cost of the professional services agreement to be paid from the General Fund, 160 - 59500. SUPPORTING DOCUMENTS: 1.Farnsworth Group Professional Service Agreement 22-4049 City of Galesburg Community Center Planning Proposal April 2022 Proposal Galesburg - Community Center Master Planning FARNSWORTH GROUP / 2 April 22 2022 Wayne E. Carl, P.E. Director of Public Works City of Galesburg 55 W Thompkins St. Galesburg, IL 61401 Re: Community Center Master planning Wayne Farnsworth Group is to present this proposal is for the development of a master plan for a future Community Recreation Center in Galesburg. The project is further defined in the following scope of services and description of the project as we understand it, based upon our previous meeting and discussions. Project Description Project Goals Establish, through a consensus process, a program of spaces and activities the proposed facility needs accommodate. Determine whether the proposed Program can be accommodated at the Churchill School or if an alternative site would better serve the project. The study will: compare the needs established in the program with the spaces available in the existing building; Identify any compromises forced on the program by the existing structure; Compare the cost of renovating the existing building and bringing it into compliance with current code, with the cost of building a new facility built specifically to meet the programming needs. Develop a visual concept for the Community Center if it is to be located at Churchill school. Concept will include façade elements to provide a new public experience at the exterior. Project Contact Information FARNSWORTH GROUP contacts for this project will be: Principal in Charge Caius Jennison Office 309.689.9888 cjennison@f-w.com Galesburg - Community Center Master Planning FARNSWORTH GROUP / 3 Proposed Scope of Services • Architecture Scope Programming Develop a list of spaces and activities the facility will accommodate. Meetings (in Person or electronically) Meet with City staff to review program needs developed to date Meet with Mayor and City Council members to review program and establish priorities and identify consensus. We can do this as a consensus building group exercise – or individually to establish priorities that we then share with Identify required facilities for each activity – space required and other amenities. Test fit – Churchill School Review existing drawings and verify the size of the existing spaces. Prepare a conceptual design for the facility using the existing building Identify spaces with redundancy or that are oversized. Identify program elements that do not fit well with the existing structure Identify portions of the building that might be unused. Review code requirements for potential issues triggered by the proposed changes in facility use. Required fire separation, exits and egress distances and accessibility, no. of restrooms etc. Develop an opinion of probable cost for the project at this location. Visioning - Prepare a conceptual rendering on the building indicating new exterior elements and signage New Building concept for initial opinion of cost Based on the areas and amenities identified in the program develop an opinion of probable cost to construct a new building to meet those needs. Galesburg - Community Center Master Planning FARNSWORTH GROUP / 4 An allowance for general site development will be included but actual site development costs will vary with existing conditions, utility connections etc. And can only be determined when a site has been selected. Deliverables: Illustrated written report in hard copy and pdf formats. Graphics formatted for public display. Future Services The following services are available from our firm but not included in this proposal: • Inspection of existing building systems to verify existing condition or capacity to accommodate changes. • Specific site evaluations beyond Churchill School • Completion of the design and preparation of construction documents to bid the work. • Construction administration services • Revisions and/or scope changes • Preparation of plans or specifications not specifically defined by this agreement • This proposal does not include developing construction level floorplans of the existing building. If existing plans cannot be found a full survey of the building will be necessary in the future if it is to be remodeled. FARNSWORTH GROUP, INC. will provide additional services listed above, or other services not listed, as requested subject to mutually agreed upon terms and approval by the Owner. Assumptions and clarifications Clarification – The agreement is for initial master planning and conceptual design services only. It does not include preparing construction documents for bidding and completions of the work. Client Responsibilities To complete the scope of services outlined above, the CLIENT shall provide the following items: 1. A designated single point of contact available to meet with FARNSWORTH GROUP to discuss and/or clarify any items necessary throughout the duration of the project and provide full access to all existing facilities as when needed by the FARNSWORTH GROUP team. 2. Prompt written notice to FARNSWORTH GROUP if the CLIENT observes or otherwise becomes aware of any defect in the PROJECT or changed circumstances which may require a change in the Scope of Services. 3. Timely responses to requests for information. 4. Provide existing building drawings if they can be found. Galesburg - Community Center Master Planning FARNSWORTH GROUP / 5 5. Summary of Professional Fees Farnsworth Group, Inc. proposes to provide the described schematic design services for the fixed fees listed below plus normal reimbursable expenses • Planning and Design $18,800 Project Timeline Programming, and Conceptual Design: approx. 8 weeks from Notice to proceed Agreement Thank you again for the opportunity to provide you with this proposal. Please indicate your acceptance of this proposal as presented by signing and returning one copy for our records. We look forward to working with you on this exciting project. Please call me if you have any questions or comments. Sincerely, FARNSWORTH GROUP, INC. Caius Jennison RIBA Principal FARNSWORTH GROUP, INC. CITY OF GALESBURG Signature Signature Caius Jennison Typed Name Typed Name Principal Title Title Date Date ___________________________________________________________________________________________________________________________________________________________________________________________ Prepared by: BAN Page 1 of 1 CITY OF GALESBURG COUNCIL LETTER JUNE 20, 2022 AGENDA ITEM: Settlement Agreement and Release of Claims SUMMARY RECOMMENDATION: The City Manager and City Attorney / Administrative Services Director recommend approval of the settlement agreement. BACKGROUND: This agreement provides that Steven Coleman and his related entities will release the City from any claims they may have, including the pending federal case 19-CV-4096. The officers named in this lawsuit will be dismissed, and the settlement is only with the City of Galesburg. Mr. Coleman will receive a monetary payment of $180,000, and forgiveness of certain fines and fees for his business entities valued at approximately $3,100. Additionally, the City agrees not to object to any effort made by Mr. Coleman to expunge his records relating to his arrest on June 19, 2018. The settlement is not an admission of liability. The City will make a portion of the payment, estimated to be approximately $140,000, with the remainder being paid by the City’s insurer. BUDGET IMPACT: Sufficient funds are available in the Risk Management Fund. SUPPORTING DOCUMENTS: 1.Settlement Agreement and Release of Claims 22-4059 SETTLEMENT AGREEMENT AND RELEASE OF ALL CLAIMS KNOW ALL PERSONS BY THESE PRESENTS: That the undersigned, STEVEN COLEMAN (“Releasor”), being of lawful age, for the sole consideration of one hundred eighty thousand dollars ($180,000), to the undersigned in hand paid, receipt whereof is hereby acknowledged, does hereby for himself and for his corporate or business entities, Team Coleman LLC and Coleman Construction, and for his and their heirs, executors, administrators, successors and assigns, releases, acquits and forever discharges CITY OF GALESBURG, its officers, employees, and agents, and its and their insurance carrier and claims administrators, (“Releasees”), and their agents, servants, successors, assigns, officers, employees, heirs, executors, administrators, insurers and all other persons, firms, corporations, associations or partnerships of and from any and all claims, actions, causes of action, demands, rights, damages, costs, loss of use, loss of service, punitive damages, exemplary damages, expenses and compensation whatsoever, which the undersigned now has or which may hereafter accrue on account of or in any way growing out of any and all known and unknown, foreseen and unforeseen, bodily and personal injuries and property damage and the consequences thereof resulting or to result from an incident which occurred on or about June 19, 2018, at or near 74 North Chambers Street, in the City of Galesburg, County of Knox and State of Illinois, said incident more particularly described in pleadings filed in the United States District Court for the Central District of Illinois, District Court Case No. 19-CV-4096 and any subsequent events up to the date that this agreement is executed including, but not limited to, Plaintiff’s arrest by Galesburg police in 2021, and any other interactions with the Galesburg Police Department, and any allegations relating to liquor license enforcement or non-enforcement, or the issuance, suspension, revocation or termination of any liquor license through the date of this agreement. In further consideration for the covenants herein, the CITY OF GALESBURG, will waive all outstanding fines and fees owed by STEVEN COLEMAN, Team Coleman LLC, and Coleman Construction, being approximately three thousand one hundred dollars ($3,100). The City further agrees that it will take no position with regard to COLEMAN’s effort to expunge records relating to his arrest on June 19, 2018. It is understood and agreed that this settlement is the compromise of a doubtful and disputed claim, and that the payment made is not to be construed as an admission of liability on the part of the parties hereby released, and that said Releasees deny liability therefor and intend merely to avoid litigation and buy their peace. The undersigned hereby declares and represents that the injuries and/or damages sustained are or may be permanent and progressive and that recovery therefrom is uncertain and indefinite and, in making this release, it is understood and agreed that the undersigned relies Page 2 of 4 wholly upon the undersigned’s judgment, belief and knowledge of the nature, extent, effect and duration of said injuries and/or damages and liability therefor, and this release is made without reliance upon any statement or representation of the parties hereby released or their representatives or by any physician or surgeon by them employed. The undersigned further declares and represents that there may be unknown or unanticipated injuries and/or damages resulting from the above-stated incident and, in making this release, it is understood and agreed that this release is intended to include such injuries and/or damages. The undersigned further declares and represents that no promise, inducement or agreement not herein expressed has been made to the undersigned, and that this release contains the entire agreement between the parties hereto and that the terms of this release are contractual and not a mere recital. Releasor and his attorneys agree to indemnify and hold harmless Releasees with respect to the claim released hereunder, from and against any judgment, liability or indebtedness to any other person or entity claiming entitlement to offset, payment, benefit or credit with respect to the claim, including, but not limited to, any claim brought by the United States for recovery of conditional payments or anticipated future medical payments made by or on behalf of Medicare. In addition, Releasor and his/her attorneys agree to promptly notify Releasees in writing of any claim, suit or demand which comes or may come within the scope of this provision. As further consideration for the settlement referenced herein, Releasor hereby waives, releases and forever discharges Releasees from any obligations for any claim, known or unknown, arising out of the failure to provide for a primary payment or appropriate reimbursement pursuant to 42 U.S.C. §1395y(b)(3)(A). Releasor and his attorneys further agree to cooperate and assist Releasees to resist any challenge to the validity of this agreement, and to defend against any claims asserted against Releasees as a result of the settlement referenced herein. Further, Releasor and his attorneys agree to execute and deliver to Releasees all documents and undertake such further actions as are necessary to effectuate the purposes of this agreement, including, but not limited to, providing copies of all documents between Releasor and Medicare, CMS or the Medicare Secondary Payer Recovery Contractor regarding the reduction of Medicare’s recovery demand. Page 3 of 4 In consideration of the payment received pursuant to this Agreement, the undersigned and his counsel agrees that no term, condition, or provision of this Agreement, no aspect of the claim, contention, fact, or any aspect of the claim from which this Agreement arises shall ever be published or publicized and shall remain strictly confidential to the extent permitted by law. Plaintiff will not post any information or material related to this case on Facebook, blogs, or other social media or internet platforms. Plaintiff will not solicit media or other individuals to request disclosure of or publicize the settlement or settlement agreement. The undersigned agrees to release information concerning the settlement terms only to his attorneys, tax advisors, and spouse, and as necessary to address financial affairs or if required by law. The parties acknowledge and understand that this settlement may be subject to disclosure pursuant to Illinois’ Freedom of Information Act and/or Open Meetings Act. Plaintiff and his counsel expressly agree that failure to maintain confidentiality of the terms and conditions of this settlement will be a material breach and will permit the Released Parties to seek recourse as permitted under Illinois law. Plaintiff and his counsel acknowledge that this confidentiality clause is an integral part of the consideration conveyed to the Released Parties. THE UNDERSIGNED HAS/HAVE READ THE FOREGOING RELEASE AND FULLY UNDERSTAND(S) IT. Signed, sealed and delivered this _____ day of __________________, 201__. ____________________________________ STEVEN COLEMAN STATE OF ILLINOIS ) ) SS COUNTY OF __________ ) On the _____ day of ______________________, 2022, before me personally appeared STEVEN COLEMAN, to me known to be the person(s) named herein, and who executed the foregoing release and who acknowledged to me that he voluntarily executed the same and fully understood the provisions thereof. ______________________________________ Notary Public ______________________________________________________________________________ Page 4 of 4 Signed, sealed and delivered this _____ day of __________________, 2021. ______________________________________ LOUIS J. MEYER, Plaintiff’s counsel STATE OF ILLINOIS ) ) SS COUNTY OF __________ ) On the _____ day of ______________________, 2022, before me personally appeared LOUIS J. MEYER, to me known to be the person named herein, and who executed the foregoing release and who acknowledged to me that he voluntarily executed the same and fully understood the provisions thereof. ______________________________________ Notary Public _____________________________________________________________________________ Signed, sealed and delivered this _____ day of __________________, 2021. CITY OF GALESBURG, By: ______________________________________ Its STATE OF ILLINOIS ) ) SS COUNTY OF __________ ) On the _____ day of ______________________, 2022, before me personally appeared , to me known to be the person named herein, and who executed the foregoing release and who acknowledged to me that he voluntarily executed the same and fully understood the provisions thereof. ______________________________________ Notary Public 4850-8894-3607, v. 1 ____________________________________________________________________________ Prepared by: GUG Page 1 of 1 COUNCIL LETTER CITY OF GALESBURG JUNE 20, 2022 AGENDA ITEM: Facade grant for 150 E Simmons Street. SUMMARY RECOMMENDATION: The Galesburg Landmark Commission met on June 7, 2022 and approved a Certificate of Appropriateness to replace the windows. The Facade Advisory Committee (FAC) met on June 7, 2022 to review this request for facade assistance. The Committee recommended approval of the facade assistance in an amount not to exceed the maximum of $40,000, or 26.4848% of the actual final project costs, whichever is less. BACKGROUND: Iron Spike Brewing Company, LLC applied for a facade grant. The proposed project would replace 10 of the 2nd story arched windows with single hung arched windows, 3 of the 2nd story rectangular windows on the east side with double hung rectangular windows and 1 fixed window on the first floor. Tuckpointing and a water repellant brick sealer will be applied to also help keep water out of the building. Some reframing will be required to replace rotted window openings and trim work to finish the look once windows are installed. Once the work is completed, it will allow the business to reopen and utilize the second floor and estimate 6 jobs will be created. The historical name of the property at 150 E Simmons St is Old Central Fire Station and it has been a Local Landmark since August 1977. As such, exterior improvements must be reviewed and approved by the Galesburg Landmark Commission (GLC) for a Certificate of Appropriateness. At their June 7th meeting, the GLC determined the activity proposed will not adversely affect the significant historical or architectural character and is appropriate and consistent with the design criteria established for landmarks. The estimated total façade project cost is $151,030 and they are eligible to request up to $40,000 or 26.4848% of the actual final project costs, whichever is less, through the façade grant program. The remaining funds to complete the project will be paid by the owner. If approved, the owner anticipates beginning work as soon as possible and estimate it will take 3 months to complete. BUDGET IMPACT: As a separate approval on the Council agenda, $40,000 will be transferred from Tax Increment Financing District #2 to the Tax Increment Financing District #4 Fund. SUPPORTING DOCUMENTS: 1.Aerial – general location 2.Photo showing which windows will be replaced 3.Facade Agreement 22-4060 SCherryStESimmonsSt ESimmonsStParkPlz SPrairieSt1981981742420 198 198 93 5 826666 6699262626 24411659980.5 4042.7 20 19.5 64.05 92 7042.75632080 198198329073 25 34 132 132 78.375 78.375 206328 28 56 523529.925 2025239978 19.5 19.5 19.5 19.560602020 5047.578.25 20 14 4 10 17 19 3 27 14 13 7 1 2 30 31 32 33 24 25 26 34 35 12 16 16 18 20 21 18 13 13 15 19 23 22 19 17 15 14 13 3 12 14 15 51 15 29710378 96 112.751049498 30 70 6655 140.2 24.525.519.519269135110.243 74.25123 6028.7572 74.524.511 38 10 31132DOC#1047806DOC#1055673DOC# 105644119526.62148.74131.94 141.94 DOC# 1071022265.17DOC# 1071022 89.8465.97 DOC# 1071022 55.97 DOC# 1071022 DOC# 1071022 E SIMMONS ST S CHERRY STS PRAIRIE ST9915230006 169SCHERRY ST FIRST BAPTISTCHURCH 9915230009154 E SIMMONS STJOHNSON JORDANPO BOX 32NEW BEDFORD IL 6134600329915230013 188 E SIMMONS ST VENTURE 188 LLC 9915230014 140 S PRAIRIE ST JOHNSON JORDAN PO BOX 32 NEW BEDFORD IL 613460032 9915230024 FIRST BAPTIST CHURCH 9915230028 JOHNSON JORDAN 9915230031 161 S CHERRY ST TRILLIUM DELLE LLC 161 S CHERRY ST STE 205 GALESBURG IL 614019915230032 150 E SIMMONS STCARDWELL INVESTMENTS LLC9915231020152 S KELLOGG STKNOX COUNTY % CHAIRMAN200 S CHERRY STGALESBURG IL 61401Sources:Esri,HERE,Garmin,FAO, NOAA, USGS, © OpenStreetMap contributors, and the GIS User Community April 27, 2022 / Cadastral City of Galesburg Facade boundary 150 E Simmons St 40 0 40 80 12020 Feet 150 E Simmons St Community Development Department Operating Under Council-Manager Government Since 1957 Downtown Facade Grant Page 1 of 19 FACADE GRANT AGREEMENT WITH IRON SPIKE BREWING COMPANY, LLC Original Lot 4 and the East 4 feet of Original Lot 5 in Block 31 of the Original town, now City, of Galesburg, Knox County, Illinois, EXCEPTING THEREFROM the following described real estate: The South 66 feet of said Original Lot 5 and the South 66 feet of the East 4 feet of said Original Lot 5 in Block 31 of the Original Town, now City, of Galesburg, Knox County, Illinois. COMMONLY KNOWN AS: 150 E Simmons Street, Galesburg, IL 61401 PROPERTY IDENTIFICATION NUMBER: 99-15-230-032 Submitted by: Return to: Kelli Bennewitz Kelli Bennewitz City Clerk City Clerk City of Galesburg City of Galesburg Page 2 of 19 THIS AGREEMENT, entered into this________day of ___________ , 2022, by and between the City of Galesburg, an Illinois municipal corporation, hereinafter referred to as “City”, whose address is 55 West Tompkins Street, P.O. Box 1387, Galesburg, Illinois, 61401 and Benedict Developers, LLC (hereinafter referred to as “Recipient”), whose address is 875 Meyer Rd, Knoxville, Illinois, 61448. WHEREAS, the City has established the Downtown Facade Redevelopment Program pursuant to resolution 16-07 (hereinafter referred to as “Program”). The purpose of the Program is to encourage architecturally appropriate improvements to commercial facades readily visible to the public, with the goal of promoting the attraction and retention of business operations and enhance the interest in visiting the downtown area, which will improve the overall economic condition of the City; and WHEREAS, the objective of the Program is to provide a financing mechanism which will make business improvements in the Downtown Area, which is a geographically defined area shown in the Program, financially feasible or economically more viable than it would be without the benefit of this Program, and that such inducements will help maintain and expand business activity and attract new business investments which might otherwise not occur in the Downtown Area; and WHEREAS, the Recipient has submitted the required documentation to request funds from the Program, and the Facade Advisory Committee and the City have determined that the Project to be undertaken by the Recipient fits the established criteria, NOW, THEREFORE, in consideration of the foregoing and the mutual agreement and herein, the City and the Recipient agree as follows: SECTION 1: DEFINITIONS A. Definition of Terms. Certain terms used in this Agreement shall have the following meanings unless their content or use clearly indicates otherwise. “Agreement” means this document for development pursuant to the Downtown Facade Redevelopment Program. “City” means the City of Galesburg, Illinois. “Construction Documents” means written, graphic and pictorial documents prepared or assembled by an Illinois licensed design professional for describing the design, location and physical characteristics of the Project necessary for obtaining construction permits. “Estimated cost of the project” means the cost of the Project as estimated as of the date of this Agreement and as reflected on Exhibit C attached hereto and made a part hereof. Page 3 of 19 “Event of Default” means those occurrences, actions or lack of action which shall be construed to be a breach of failure to perform pursuant to the terms of this Agreement as set forth in Section 12 of this Agreement. “Facade” means the exterior of a building visible from a public street or alley. “Grant” means the monies provided by the City to the Recipient to reimburse costs specified in Section 7 herein. “Program” means the Downtown Facade Redevelopment Grant Program pursuant to resolution 16- 07. “Project” means the redevelopment of the Facade as described in Exhibit B. “Property” means the parcel(s) in which the Project is taking place, as described in Exhibit A. B. Construction of Words. The words “hereof”, “herein”, “hereunder” and other words of similar import refer to this Agreement as a whole. Unless otherwise specified, references to Articles, Sections and other subdivisions of this Agreement are to the designated Articles, Sections and other subdivisions of this Agreement as originally executed. The headings of this Agreement are for convenience of reference only and shall not define or limit the provisions hereof. C. Non-Limitation of City’s Remedies. Nothing contained herein shall in any way limit the remedies of the City pursuant to other sections of this Agreement and pursuant to law and equity in the Event of Default. SECTION 2: COVENANTS AND RESTRICTIONS A. Non-Discrimination. The Recipient agrees for itself and its successors and assigns, and every successor in interest to the Property, or any part thereof, that the Recipient and such successors and assigns, shall not discriminate in violation of all applicable Federal, State or Local laws or regulations upon the basis of race, color, religion, sex, age or national origin in the sale, lease or rental, or in the use or occupancy of the Property or any improvements erected or to be erected thereon, or any part thereof. B. Duration of Covenants. It is intended and agreed that the covenants provided in Section 2 shall remain effective without any time limitation, provided, that such agreements and covenants shall be binding on the Recipient itself, each successor in interest to the Property, and in every part thereof, and each party in possession or occupancy, respectfully, only for such period as such successor or party shall have title to an interest in, or possession or occupancy of the Property. Page 4 of 19 C. Guarantees. The Recipient agrees for itself, its successors and assigns and every successor in interest to the Property or any part thereof, that the Recipient and such assigns shall guarantee the Project shall begin within 180 days from the date this Agreement is executed and shall use its best efforts to cause said improvements to be in accordance with the Construction Documents approved by the City. A Project description is attached hereto as Exhibit B and incorporated herein by this reference. D. Covenants Running with the Land. It is intended and agreed that the covenants referred to above shall be covenants running with the land and that they shall in any event be binding to the fullest extent permitted by law and equity, for the benefit and in favor of and enforceable by the City, its successors and assigns, and the City, the State of Illinois, and the United States of America with regard to Section 2A of this Agreement, and against the Recipient, its successors and assigns and every successor in interest to the Property or any part thereof or any interest therein, and any party in possession or occupancy of the Property or any part thereof. E. Binding for the Benefit of the City. It is also intended and agreed that the foregoing agreements and covenants running with the land shall in any event and without regard to technical classification or designation legal or otherwise itself be to the fullest extent permitted by law and equity binding for the benefit of the City and enforceable by the City and the State of Illinois and the United States against the Recipient and its successors, assigns to or of the Property or any part thereof or any interest therein. F. This Agreement shall be governed by the State of Illinois and the parties agree that Knox County is and will be the appropriate venue for the hearing of any dispute relating to this Agreement. SECTION 3: CITY AND OBLIGATION A. The City shall provide to Recipient reimbursable grant not to exceed the total amount of $40,000 or 26.4848% of the facade Project cost specified in Exhibit C, or 26.4848% of the actual final project costs, whichever is less for the Project as described in Exhibit B (hereinafter both grants referred to as the “Grant”). Said Grant will be available to the Recipient for the expenses as outlined in Exhibit C. Payment to the Recipient shall be in the form of a reimbursement of expenses paid by the Recipient. Grant reimbursements, to the maximum extent possible, will be made by the City within 30 business days of the date the Certification for Reimbursement of Facade Grant was received by the City. SECTION 4: RECIPIENT’S OBLIGATION AND RIGHTS A. Guarantees. In consideration of the Grant to be provided, the Recipient guarantees the construction of the project. Specifically, Recipient guarantees the activities as outlined in Exhibit B shall be completed at the estimated cost of $151,030.00, as outlined in Exhibit C. Page 5 of 19 B. Submission of Construction Documents. If applicable, prior to commencement of construction the Recipient shall submit to the City for its approval, which approval shall not be unreasonably withheld, Construction Documents prepared by an Illinois licensed design professional that are of sufficient clarity to indicate the location, nature and extent of the work proposed as outlined in EXHIBIT B. C. Conformance to Construction Documents. All work with respect to the Project to be construed or provided by the Recipient on the Property shall be in substantial conformity with the Construction Documents and Project description as outlined in EXHIBIT B. D. Conformance to Federal, State and Local Requirements. All work with respect to the Project shall conform to all applicable Federal, State and Local laws, regulations and ordinances including, but not limited to construction codes, life safety code and Illinois Accessibility Code. E. Changes in Construction Documents. If the Recipient desires to make any substantial change in the Construction Documents which significantly affects the appearance, function, or structural integrity of the Project, whether prior to, or subsequent to the funding of the Grant, the Recipient shall submit the proposed change to the City for its approval. F. Improvements, Commencement and Completion Requirements. 1. Commencements. The Recipient agrees for itself, its successors and assigns that it shall begin within 180 days from the date this Agreement is executed and diligently prosecute to completion the redevelopment of the Property through the construction of the Project thereon pursuant to the approved Construction Documents and in accordance with approved changes. 2. Compliance. The Recipient agrees for itself, its successors and assigns that the construction of the Project shall be in compliance with applicable Federal, State and Local laws, regulations and ordinances. All construction permits are secured and all associated fees are paid prior to the onset of work and all completed work shall pass appropriate inspections of applicable reviewing agency. 3. Remedies. In addition to all the available remedies provided by this Agreement, the City shall have all available remedies pursuant to law and equity to remedy defects and recover damages in the event of any violation of subparagraphs F1 and F2 immediately preceding. 4. Lien Waivers. All contracts payable from Grant funds shall provide that all contractors and subcontractors furnish contractor's affidavits in the form provided by state statute and that waivers of lien be required for all payments made. G. Financing Authorization and Commitment. Prior to any disbursement of Grant funds by the City, the Recipient shall submit to the City evidence that the Recipient has the appropriate authorization to Page 6 of 19 proceed, and has sufficient funds available or financing in place to cover the costs associated with the private share of the project. H. Progress Reports. Until construction of the Project has been completed, the Recipient shall make progress reports to the City when milestone dates are achieved, or upon special requests of the City in such detail as may be reasonably requested by the City. I. The Recipient shall agree to work with and cooperate with the City to inform the public about the Project. J. Maintenance and Alteration. 1. The Recipient, its successors and assigns, shall maintain the façade improvements for a period of five (5) years from the date of the final Grant reimbursement. 2. The Recipient, its successors and assigns, shall not alter, modify or remove facade improvements for a period of five (5) years from the date of the final Grant reimbursement without written approval from the City. SECTION 5: REPRESENTATIONS OF THE RECIPIENT The Recipient represents, warrants and agrees as the basis for the undertakings on its part herein contained that: A. Organizational and Authorization. The Recipient is: IRON SPIKE BREWING COMPANY, LLC 150 E Simmons St Galesburg, IL 61401 B. Use of Proceeds. All of the proceeds from the Grant funds will be used for the facade renovation costs of the Project as provided for herein. C. Location of the Project. The Project will be located on the Property, as described in Exhibit A. D. Estimated Costs. The Estimated Cost of the Project is set forth in Exhibit C attached hereto. E. Changes in Acquisition or Construction of Project. The Project consists and will consist of the property described in Exhibit A attached hereto and no changes shall be made in the construction of the Project which will have the effect of impairing the effective use or character of the Project as contemplated by this Agreement. F. Conformance with Requirements and Regulation. Page 7 of 19 The Recipient has examined and is familiar with all the covenants, conditions, restrictions, building regulations and zoning ordinances and land use regulations including those contained herein affecting the Property and the Project, and covenants that the Construction Documents and the construction of the improvements in accordance with the Construction Documents do and will in all respects conform to and comply therewith. SECTION 6: ADDITIONAL COVENANTS OF THE RECIPIENT A. Indemnification Covenants. The Recipient agrees for itself, its successors and assigns, to indemnify and save the City and its officers and employees harmless against all claims by or on behalf of any person, firm or corporation arising from the conduct or management of, or from any work or thing done on, the Project while the Property remains in existence and against and from all claims arising from (i) any condition of the Project (ii) any breach or default on the part of the Recipient or its successors and assigns in the performance of any of its obligations under this Agreement (iii) any act of negligence of the Recipient or of any of its agents, contractors, servants, employees or licensees, (iv) any act of negligence of any assignee or lessee of the Recipient, or of any agents, contractors, servants, employees or licensees of any assignee or lessee of the Recipient, or (v) any performance by the City of any act required under this Agreement or required by the Recipient or its successors and assigns other than negligent or willful misconduct of the City. The Recipient agrees to indemnify and save the City harmless from and against all costs and expenses incurred in or in connection with any such claim arising as foresaid or in connection with any action or proceeding brought thereon. In case any such claim is made or action brought based upon any such claim in respect of which indemnity may be sought against the Recipient, upon receipt of notice in writing from the City setting forth the particulars of such claim or action, the Recipient shall assume the defense thereof including the employment of counsel and the payment of all costs and expenses. The City shall have the right to employ separate counsel in any such action and to participate in the defense thereof, but the fees and expenses of such counsel shall be at the expense of the City unless the employment of such counsel has been specifically authorized by the Recipient. B. Insurance. The Recipient shall agree to keep and maintain its property insured for its full insurable value against loss or damage by fire, theft, explosion, sprinklers and all other hazards and risks ordinarily insured against by other owners or users of such properties in similar business. All insurance policies shall contain an endorsement that the insurance company shall provide the City at least 30 days prior written notice before any such policy shall be altered or canceled. C. Maintenance and Repair. The Recipient agrees that it will maintain and repair the Project in accordance with the requirements of this Agreement. Page 8 of 19 SECTION 7: GRANT ASSISTANCE A. Grant Assistance to the Recipient. The City agrees, upon the terms and conditions in this Agreement, to make available an amount as specified in Section 3 A. B. Permitted Expenditures. No Grant funds may be disbursed from the City to Recipient unless they are for the purpose of paying the costs which are permitted by the Program as it may be amended from time to time. C. Disbursement from Grant Fund. At the request of and on behalf of the Recipient, the City, pursuant to the terms and conditions of this Agreement shall through disbursements from the appropriate Tax Increment Financing Fund, to the extent of funds available, reimburse to the Recipient for the costs incurred for the Project as set forth on Exhibit C attached hereto. D. Modification of Expenditures. The items set forth on Exhibit C may be modified by increasing or decreasing the cost of a particular item by adding or deleting items from the list provided. However, the total amount to be funded shall not exceed $151,030.00 (One Hundred Fifty One Thousand Thirty Dollars and Zero Cents) and further, provided that any such modification shall conform to the requirements of subsection 7B and the requirements of this Agreement. All requests for modification shall be in writing to the City. If such modification conforms to the requirements of this Agreement, the City shall approve the proposed change and process the request for reimbursement. E. Conditions Precedent to Disbursement. Prior to the initial reimbursement payment, unless waived by the City in writing, Recipient will furnish to the City the following, all to be satisfactory in both form and substance to the City, which shall be conditions precedent to the City's disbursement of Grant funds. Any item, the production of which has not been waived by the City, shall be furnished by the Recipient to the City as soon as reasonably available. 1. Necessary and appropriate construction permits; 2. Organization documents and filings for the Recipient and all resolutions necessary to effect the obligations of the Recipient pursuant to this Agreement; 3. Satisfactory proof that policies of insurance of all types and coverages required under the term of this Agreement have been obtained and are in force; 4. Contracts and subcontracts covering the construction of the Project; 5. Internal Revenue Service and Illinois taxpayer identification numbers for Recipient; 6. Evidence satisfactory to the City that Recipient holds fee simple title to the Property subject only to the encumbrances of the First Mortgage or holds valid options to acquire fee simple title to the Property subject to the above noted encumbrances; Page 9 of 19 7. Evidence of funds available for completion of the Project; 8. Requests for Reimbursements. Concurrently with the request for any Grant disbursement, Recipient shall have their Architect furnish to the City, separately with respect to each disbursement request, an Application and Certificate for Payment duly signed with all blanks appropriately filled in setting forth such details concerning the costs contained therein as the City shall require. Such request shall include a detailed breakdown of any costs associated with the project showing the amount expensed to date and the amounts then due and unpaid, and receipted invoices and/or releases or waivers of lien forms approved by the City from each material dealer, contractor and subcontractor who has done work or has furnished materials for construction of the Project, including but without limitation those covered by each such an Application and Certificate for Payment of Façade Grant. F. Time for Payment of Requisitions. If the City shall so require, thirty (30) days shall intervene between the date of receipt by City of an Application and Certificate for Payment of Façade Grant and the date upon which the City shall be obligated to effect such reimbursement. SECTION 8: CONSTRUCTION OF THE IMPROVEMENTS A. Commencement and Completion. Recipient shall cause construction of the Project to be commenced and to be prosecuted with due diligence and in good faith, and without delay. Recipient shall cause Project to be constructed in a good and workmanlike manner in accordance with the Construction Documents and in all respects in compliance with all applicable laws, rules, permits, requirements and regulations of any government agency or authorities having or exercising jurisdiction over the Property or the Project and will not cause, permit or allow any substantial deviation from the Construction Documents without prior written consent of the City. B. Contract Prohibitions. Unless otherwise previously agreed by the City in writing, all contracts let by Recipient or Recipient's contractor in connection with construction of the Project shall contain a prohibition against any material change in the Construction Documents involving a structural, square footage, design change or other substantial change without the City's prior written consent being had thereto. SECTION 9: LIABILITY INSURANCE Prior to any Grant disbursement, Recipient or Recipient’s contractor shall procure and deliver to the City at Recipient's or such contractor's cost and expense, and shall maintain in full force and effect until each and every obligation of Recipient contained herein has been fully paid, or performed, a policy or policies of comprehensive liability insurance and during any period of construction contractor's liability insurance with liability coverage under the comprehensive liability insurance to be not less than $1,000,000 (One Million Page 10 of 19 Dollars) each occurrence and $2,000,000 (Two Million Dollars) total. All such policies to be in such form and issued by such companies as shall have been approved by the City to protect the City and Recipient against any liability incidental to the use of or resulting from any accident occurring in or about the Project or the construction and improvements thereof. Each such policy shall contain an affirmative statement by the issuer thereunder to give written notice to the City at least 30 (thirty) days prior to any cancellation or amendment of its policy. SECTION 10: RIGHTS OF INSPECTION The City or its designee shall have the right at any time and from time to time to enter upon the Property for the purposes of inspection and if the City in its judgment, determines that any work and materials are not in conformity with the Construction Documents, as the same were theretofore approved in writing by the City, or with any applicable laws, regulations, permits, requirements or rules of any governmental authority having or exercising jurisdiction thereover or not otherwise in conformity with sound building practice, the City shall have the right to stop the work and to order replacement of correction of any such work or materials regardless of whether or not such work or materials have theretofore been incorporated into the Project. Inspection by the City of the Property or the Project shall be for the sole purpose of protecting the security for the Grant assistance and shall not be construed as a representation by the City that there has been compliance with the Construction Documents or that the Project will be or are free of faulty materials or workmanship, or a waiver of any rights the City or any other party may have against Recipient or any other party for non-compliance with the Construction Documents. SECTION 11: PROHIBITIONS AGAINST ASSIGNMENT AND TRANSFER A. Representation as to Purpose. The Recipient represents and agrees that its redevelopment of the Property, and its other undertakings pursuant to this Agreement, are, and will be used, for the redevelopment of the Property only. B. Prohibition Against Transfer of Property and Assignment of Agreement. The Recipient represents and agrees for itself and its successors and assigns that: 1. Prohibitions. Except only by way of security for a First Mortgage and only for the purpose of obtaining financing necessary to enable the Recipient or any successor in interest to the Property, or any part thereof, to perform its obligations with respect to making the Project under this Agreement, the Recipient (except as so authorized) has not made or created, and it will not, prior to receipt of the certificate of occupancy from the City, make or create, or suffer to be made or created, any total or partial sale, assignment, conveyance, or lease, or any trust Page 11 of 19 or power, or transfer in any other mode or form of or with respect to the Agreement or the Property, or any part thereof or any interest therein, or any contract or agreement to do any of the same, except for utility easements, without prior written approval of the City. 2. Conditions for Approval. The City shall be entitled to require, except as otherwise provided in this Agreement, as conditions to any such approval that: a. Any proposed transferee shall have the qualifications and financial responsibility, as determined by the City, necessary and adequate to fulfill the obligations undertaken in this Agreement by the Recipient (or, in the event the transfer is of or related to part of the Property, such obligations to the extent that they relate to such part.) b. Any proposed transferee, by instrument in writing satisfactory to the City and in a form recordable among the real property records, shall for Itself and its successors and assigns, and expressly for the benefit of the City, have expressly assumed all of the obligations of the Recipient under this Agreement and agreed to be subject to all the conditions and restrictions to which the Recipient is subject (or, in the event the transfer is of or relates to part of the Property, such obligations, conditions and restrictions to the extent that they relate to such part); Provided, that the fact that any transferee of, or any other successor in interest whatsoever, to the Property or any part thereof, shall, whatever the reason, not have assumed such obligations or so agreed, shall not (unless and only to the extent otherwise specifically provided in the Agreement or agreed to in writing by the City) relieve or except such transferee or successor of or from such obligations, conditions, or restrictions, or deprive or limit the City of or with respect to any rights or remedies or controls with respect to the Property or the construction of the Project; it being the intent of this, together with other provisions of this Agreement, that (to the fullest extent permitted by law and equity and excepting only in the manner and to the extent specifically provided otherwise in this Agreement) no transfer of, or change with respect to, ownership in the Property of any part thereof, or any interest therein, however consummated or occurring, and whether voluntary or involuntary, shall operate legally or practically, to deprive or limit the City of, or with respect to, any rights or remedies or controls provided in or resulting to the Property and the construction of the Project that the City would have had, had there been no such transfer or change. 3. The Recipient and its transferee shall comply with such other conditions as the City may find desirable in order to achieve and safeguard the purposes of the Real Property Tax Increment. Provided, that in the absence of specific written agreement by the City to the contrary, no such transfer or approval by the City thereof shall be deemed to relieve the Recipient, or any other Page 12 of 19 party in interest bound in any way by the Agreement or otherwise with respect to the construction of the Project, from any of its obligations with respect thereto. SECTION 12: EVENTS OF DEFAULT AND REMEDIES A. Events of Default. The following shall be Events of Default with respect to this Agreement: 1. If any material representation made by the Recipient in this Agreement, or in any certificate, notice, demand or request made by the Recipient, in writing and delivered to the City pursuant to or in connection with any of said documents shall prove to be untrue or incorrect in any material respect as of the date made; or 2. Default in the performance or breach of any covenant contained in this Agreement concerning the covenant of Recipient with regard to its existence and ownership of the Property; or 3. Default in the performance or breach of any other covenant, warranty or obligation of the Recipient in this Agreement and continuance of such default or breach for a period of 30 (thirty) days after Recipient has actual knowledge thereof; or 4. The entry of a decree or order for relief by a court having jurisdiction in the premises in respect of the Recipient in an involuntary case under the federal bankruptcy laws, as now or hereafter constituted, or any other applicable Federal or state bankruptcy, insolvency or other similar law, or appointing a receiver, liquidator, assignee, custodian, trustee, sequestrator (or similar official) of the Recipient for any substantial part of its property, or ordering the winding-up or liquidation of its affairs and the continuance of any such decree or order unstayed and in effect for a period of 60 (sixty) consecutive days; or 5. The commencement by the Recipient of a voluntary case under the Federal bankruptcy laws, as now or hereafter constituted, or any other applicable federal or state bankruptcy, insolvency or other similar law, or the consent by any such entity to the appointment of or taking possession by a receiver, liquidator, assignee, trustee, custodian, sequestrator (or other similar official) of the Recipient or of any substantial part of such entity's property, or the making by any such entity of any assignment for the benefit of creditors or the failure of the Recipient generally to pay such entity's debts as such debts become due or the taking of action by the Recipient in furtherance of any of the foregoing. B. Remedies on Default 1. In the event of any default in or breach of this Agreement, or any of its terms or conditions, by the Recipient or any successors or assigns, the Recipient shall repay to the City a portion of the Grant amount received according to the following formula: Page 13 of 19 60 months – (months elapsed from date Grant funds received) X Grant funds received = Repayment Amount 60 months 2. Except as otherwise provided in this Agreement, in the event of any default in or breach of this Agreement, or any of its terms or conditions, by either party hereto or any successors to such party, such party or successor, upon written notice from the other, shall take immediate action to cure or remedy such default or breach, and, in any event, within 60 (sixty) days after receipt of such notice. In case such action is not taken, or not diligently pursued, or the default or breach shall not be cured or remedied within a reasonable time, the aggrieved party may institute such proceedings as may be necessary or desirable in its opinion to cure or remedy such default or breach, including but not limited to, proceedings to compel specific performance by the party in default or breach of its obligations. 3. In case the City shall have proceeded to enforce its rights under this Agreement and such proceedings shall have been discontinued or abandoned for any reason or shall have been determined adversely to the City, then and in every such case the Recipient and the City shall be restored respectively to their several positions and rights hereunder, and all rights, remedies and powers of the Recipient and the City shall continue as though no such proceedings had been taken. C. Agreement to Pay Attorney’s Fees and Expenses. In the event the Recipient should default under any of the provisions of this Agreement and the City should employ attorneys or incur other expenses for the collection of the payments due under this Agreement or the enforcement of performance or observance of any obligation or agreement on the part of the Recipient herein contained the Recipient agrees that it will on demand therefore pay to the City the reasonable fees of such attorneys and such other expenses so incurred by the City. In the event the City should default under any of the provisions of this Agreement and the Recipient should employ attorneys or incur other expenses for the collection of the payments due under this Agreement or the enforcement of performance or observance of any obligation or agreement on the part of the Recipient herein contained the City agrees that it will, on demand therefore, pay to the Recipient the reasonable fees of such attorneys and such other expenses so incurred by the Recipient. SECTION 13: OTHER RIGHTS AND REMEDIES OF CITY AND RECIPIENT A. No Waiver by Delay. Any delay by the City or the Recipient in instituting or prosecuting any actions or proceedings or otherwise asserting its rights shall not serve to waive or to deprive it of or limit such rights in any way (it being the intent of this provision that the City or Recipient should not be Page 14 of 19 constrained so as to avoid the risk of being deprived of or limited in the exercise of the remedy provided in this Section because of concepts of waiver, lathes or otherwise) to exercise such remedy at a time when it may still hope to otherwise resolve the problems created by default involved; nor shall any waiver in fact made by the City or Recipient with respect to any specific default by the Recipient or the City under this Section be considered or treated as a waiver of the rights of the City or the Recipient with respect to any other defaults by the Recipient, or the City under this Section or with respect to any defaults under any Section in this Agreement or with respect to the particular default, except to the extent specifically waived in writing by the City or the Recipient. B. Rights and Remedies Cumulative. The rights and remedies of the parties to this Agreement (or their successors in interest) whether provided by law or by this Agreement, shall be cumulative, and the exercise by either party of any one or more of such remedies shall not preclude the exercise by it, at the time or different time, of any such remedies for the same default or breach by the other party. No waiver made by either such party with respect to the performance, nor the manner of time thereof, or any obligation of the other party or any condition as to its own obligation under this Agreement shall be considered a waiver of any rights of the party making the waiver with respect to the particular obligation of the other party or condition to its own obligation beyond those expressly waived in writing and to the extent thereof, or a waiver in any respect in regard to any other rights of the party making the waiver or any other obligations of the other party. SECTION 14: DELAY IN PERFORMANCE For the purposes of any of the provisions of this Agreement except regard to payment of real property taxes or guarantees as provided herein, neither the City, nor the Recipient, as the case may be, nor any successor in interest, shall be considered in breach of, or default in, its obligations with respect to the preparation of the Property for redevelopment, or the beginning and completion of construction of the Project, or progress in respect thereto, in the event of enforced delay in the performance of such obligations due to unforeseeable cause beyond its control and without its fault or negligence, including, but not restricted to acts of God, acts of the public enemy, acts of federal, state or local government, acts of the other party, fires, floods, epidemics, quarantine restrictions, strikes, embargoes, acts of nature, unusually severe weather or delays of subcontractors due to such causes; it being the purpose and intent of this provision that in the event of the occurrence of any such enforced delay, the time or times for performance of the obligations of the City with respect to the preparation of the Property for the redevelopment Project or of the Recipient with respect to construction of the Project as the case may be, shall be extended for the period of the enforced delay. Provided, that the party seeking the benefit of the provisions of this Section, shall, within 10 (ten) days after Page 15 of 19 the beginning of any such enforced delay, have first notified the other party thereof in writing, of the cause or causes thereof, and requested an extension of the period of enforced delay. Such extensions of schedule shall be agreed to in writing by the parties hereto. SECTION 15: EQUAL EMPLOYMENT OPPORTUNITY The Recipient, for itself and its successors and assigns, agrees that during the construction of the Project provided for in this Agreement that the following will apply: A. Non-Discrimination. The Recipient will not discriminate against any employee or applicant for employment on the basis of race, color, religion, sex, or national origin. The Recipient will take affirmative action to insure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex or national origin. Such action shall include but not be limited to, the following: employment, upgrading, demotion, transfer, recruitment, recruitment advertising, layoff, termination, rates of pay or other forms of compensation, and selection for training, rates of pay or other forms of compensation, and selection for training, including apprenticeship. The Recipient agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the City setting forth the provisions of this non-discrimination clause. B. Advertising. The Recipient will, in all solicitations or advertisements for employees placed by or on behalf of the Recipient, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex or national origin. C. Non-Compliance. In the event of the Recipient’s non-compliance with the non-discrimination clauses of this Section, this Agreement may be canceled, terminated, or suspended in whole or in part. D. Mandatory Inclusions of Provisions. The Recipient will include the provisions of Paragraphs "A" through "C" of this Section in every contract or purchase order, and will require the inclusions of these provisions in every subcontract entered into by any of its contractors, unless exempted by rules, regulations, so that such provisions will be binding upon each such contractor, subcontractor, or vendor as the case may be. SECTION 16: TITLES OF ARTICLES AND SECTIONS Any titles of the several parts, Articles and Sections of this Agreement are inserted for convenience of reference only and shall be disregarded in construing or interpreting any of its provisions. SECTION 17: CONFLICT OF INTEREST No member, officer, or employee of the City or its designees or agents and no member of the governing body of the City during his or her tenure or for one year thereafter, shall have any interest, direct or indirect, in any contract or subcontract or the proceeds thereof, with respect to which this Agreement shall apply. Page 16 of 19 SECTION 18: NOTICES All notices, requests, demands and other communications to be given to any party hereunder shall be in writing and shall be deemed to have been duly given when personally delivered or deposited in the United States mail, certified or registered mail, return receipt requested, postage prepaid, addressed to the parties at the following addresses (or at such other address as shall be given in like manner by any party to the other): City of Galesburg: Recipient: City of Galesburg Community Development Department 55 West Tompkins Street Galesburg, IL. 61401 Iron Spike Brewing Company, LLC Ryan Cardwell 150 E Simmons St Galesburg, IL 61401 SECTION 19: COUNTERPARTS If the Agreement is executed in two or more counterparts, each shall constitute one and the same instrument and each shall be recognized as an original instrument. IN WITNESS WHEREOF, the parties hereto have executed this Agreement and caused their respective seals to be affixed and attested thereto as of the date first written above in this Agreement. City of Galesburg A municipal corporation Recipient By: Peter Schwartzman Ryan Cardwell Its: Mayor Its: Manager Attest: Attest: Kelli R. Bennewitz, City Clerk Page 17 of 19 EXHIBIT A PROPERTY DESCRIPTION Original Lot 4 and the East 4 feet of Original Lot 5 in Block 31 of the Original town, now City, of Galesburg, Knox County, Illinois, EXCEPTING THEREFROM the following described real estate: The South 66 feet of said Original Lot 5 and the South 66 feet of the East 4 feet of said Original Lot 5 in Block 31 of the Original Town, now City, of Galesburg, Knox County, Illinois. COMMONLY KNOWN AS: 150 E Simmons Street, Galesburg, IL 61401 PROPERTY IDENTIFICATION NUMBER: 99-15-230-032 Page 18 of 19 EXHIBIT B PROJECT DESCRIPTION The proposed project would replace 10 of the 2nd story arched windows with single hung arched windows, 3 of the 2nd story rectangular windows on the east side with double hung rectangular windows and 1 fixed window on the first floor. Tuckpointing and a water repellant brick sealer will be applied to also help keep water out of the building. Some reframing will be required to replace rotted window openings and trim work to finish the look once windows are installed. Once the work is completed, it will allow the business to reopen and utilize the second floor and estimate 6 jobs will be created. It is anticipated the project will begin in June/July 2022 and take 3 months to complete. Page 19 of 19 EXHIBIT C COSTS OF PROJECT DESCRIPTION OF WORK AND/OR MATERIAL COST REPLACEMENT OF 14 WINDOWS $86,500 WINDOW FRAMING, TRIMMING AND PLASTER $40,050 MASONRY TUCKPOINTING AND WATER PROOFING $24,480 TOTAL: $151,030 ____________________________________________________________________________ Prepared by: GUG Page 1 of 1 COUNCIL LETTER CITY OF GALESBURG JUNE 20, 2022 AGENDA ITEM: Facade grant for 65 S Cherry Street. SUMMARY RECOMMENDATION: The Facade Advisory Committee (FAC) met on June 7, 2022 to review this request for facade assistance. The Committee recommended approval of the facade assistance in an amount not to exceed the maximum of $22,039.91, or 50% of the actual final project costs, whichever is less. BACKGROUND: The Bar 65, Inc. applied for a facade grant. The proposed project includes tuckpointing, adding a rear exit door under an existing window header, replacing six second story windows (currently boarded up), relocating furnace vent pipes that currently exit through the boarded-up windows, replacing the rear exit door, adding a wall sign above the rear door, adding a light above the new sign, new gutters and painting the rear façade. This project, once completed, would allow for the potential redevelopment and use of the 2nd floor. The estimated total façade project cost is $44,079.82 and they are eligible to request up to $22,039.91 or 50% of the actual final project costs, whichever is less, through the façade grant program. The remaining funds to complete the project will be paid by the owner. If approved, the owner anticipates beginning work as soon as possible and estimate it will take three months to complete. BUDGET IMPACT: As a separate approval on the Council agenda, $22,039.91 will be transferred from Tax Increment Financing District #2 to the Tax Increment Financing District #4 Fund. SUPPORTING DOCUMENTS: 1.Aerial – general location 2.Photo showing elevation of proposed work 3.Facade Agreement 22-4061 SCherryStSCherryStParkPlz80.564.05 2320.5523529.924.123.324.152520252323.578 78 19.5 19.5 19.5 19.56060202020 202020 34 35 12 16 9 13 8 31 30 32 33 17 15 14 13 11 10 78 175.524.525.519.590.571.5511 38 60 DOC# 1046703DOC#1047806DOC#1055673DOC# 1056441PARK PLZS CHERRY ST9915203001 50 E MAIN ST 9915203013 76 S CHERRY ST 9915203019 80 S CHERRY ST 9915203020 90 S CHERRY ST 9915203021 58 S CHERRY ST 9915226012 65 S CHERRY ST 9915226013 75 S CHERRY ST 9915226014 111 E SIMMONS ST 9915226024 57 S CHERRY ST 9915226025 130 E MAIN ST99152260269915226027 99152260289915226029Sources: Esri, HERE, Garmin, FAO, NOAA, USGS, © OpenStreetMap contributors, and the GIS User Community May 31, 2022 / Cadastral City of Galesburg Facade boundary 65 S Cherry St 20 0 20 40 6010 Feet 65 S Cherry St Community Development Department Operating Under Council-Manager Government Since 1957 Downtown Facade Grant Page 1 of 19 FACADE GRANT AGREEMENT WITH THE BAR 65, INC Commencing 87 feet North of the Southwest corner of Block 26 in the City of Galesburg, Knox County, Illinois, and running thence East 80 ½ feet, thence North 29.9 feet, thence West 80.5 feet, thence South 29.9 feet to the place of beginning; the above-described property being also known as Sublot 33 of Revenue Plat of 1927 of the Subdivision of a part of Lots 5, 6, 7 and 8 in Block 26 in the City of Galesburg, Knox County, Illinois, as per Plat recorded in Vol. 8 of Plats, page 19, Knox County, Illinois, Plat Records. COMMONLY KNOWN AS: 65 S Cherry Street, Galesburg, IL 61401 PROPERTY IDENTIFICATION NUMBER: 99-15-226-012 Submitted by: Return to: Kelli Bennewitz Kelli Bennewitz City Clerk City Clerk City of Galesburg City of Galesburg Page 2 of 19 THIS AGREEMENT, entered into this________day of ___________ , 2022, by and between the City of Galesburg, an Illinois municipal corporation, hereinafter referred to as “City”, whose address is 55 West Tompkins Street, P.O. Box 1387, Galesburg, Illinois, 61401 and The Bar 65, Inc (hereinafter referred to as “Recipient”), whose address is 65 S Cherry St, Galesburg, IL 61401. WHEREAS, the City has established the Downtown Facade Redevelopment Program pursuant to resolution 16-07 (hereinafter referred to as “Program”). The purpose of the Program is to encourage architecturally appropriate improvements to commercial facades readily visible to the public, with the goal of promoting the attraction and retention of business operations and enhance the interest in visiting the downtown area, which will improve the overall economic condition of the City; and WHEREAS, the objective of the Program is to provide a financing mechanism which will make business improvements in the Downtown Area, which is a geographically defined area shown in the Program, financially feasible or economically more viable than it would be without the benefit of this Program, and that such inducements will help maintain and expand business activity and attract new business investments which might otherwise not occur in the Downtown Area; and WHEREAS, the Recipient has submitted the required documentation to request funds from the Program, and the Facade Advisory Committee and the City have determined that the Project to be undertaken by the Recipient fits the established criteria, NOW, THEREFORE, in consideration of the foregoing and the mutual agreement and herein, the City and the Recipient agree as follows: SECTION 1: DEFINITIONS A. Definition of Terms. Certain terms used in this Agreement shall have the following meanings unless their content or use clearly indicates otherwise. “Agreement” means this document for development pursuant to the Downtown Facade Redevelopment Program. “City” means the City of Galesburg, Illinois. “Construction Documents” means written, graphic and pictorial documents prepared or assembled by an Illinois licensed design professional for describing the design, location and physical characteristics of the Project necessary for obtaining construction permits. “Estimated cost of the project” means the cost of the Project as estimated as of the date of this Agreement and as reflected on Exhibit C attached hereto and made a part hereof. Page 3 of 19 “Event of Default” means those occurrences, actions or lack of action which shall be construed to be a breach of failure to perform pursuant to the terms of this Agreement as set forth in Section 12 of this Agreement. “Facade” means the exterior of a building visible from a public street or alley. “Grant” means the monies provided by the City to the Recipient to reimburse costs specified in Section 7 herein. “Program” means the Downtown Facade Redevelopment Grant Program pursuant to resolution 16- 07. “Project” means the redevelopment of the Facade as described in Exhibit B. “Property” means the parcel(s) in which the Project is taking place, as described in Exhibit A. B. Construction of Words. The words “hereof”, “herein”, “hereunder” and other words of similar import refer to this Agreement as a whole. Unless otherwise specified, references to Articles, Sections and other subdivisions of this Agreement are to the designated Articles, Sections and other subdivisions of this Agreement as originally executed. The headings of this Agreement are for convenience of reference only and shall not define or limit the provisions hereof. C. Non-Limitation of City’s Remedies. Nothing contained herein shall in any way limit the remedies of the City pursuant to other sections of this Agreement and pursuant to law and equity in the Event of Default. SECTION 2: COVENANTS AND RESTRICTIONS A. Non-Discrimination. The Recipient agrees for itself and its successors and assigns, and every successor in interest to the Property, or any part thereof, that the Recipient and such successors and assigns, shall not discriminate in violation of all applicable Federal, State or Local laws or regulations upon the basis of race, color, religion, sex, age or national origin in the sale, lease or rental, or in the use or occupancy of the Property or any improvements erected or to be erected thereon, or any part thereof. B. Duration of Covenants. It is intended and agreed that the covenants provided in Section 2 shall remain effective without any time limitation, provided, that such agreements and covenants shall be binding on the Recipient itself, each successor in interest to the Property, and in every part thereof, and each party in possession or occupancy, respectfully, only for such period as such successor or party shall have title to an interest in, or possession or occupancy of the Property. Page 4 of 19 C. Guarantees. The Recipient agrees for itself, its successors and assigns and every successor in interest to the Property or any part thereof, that the Recipient and such assigns shall guarantee the Project shall begin within 180 days from the date this Agreement is executed and shall use its best efforts to cause said improvements to be in accordance with the Construction Documents approved by the City. A Project description is attached hereto as Exhibit B and incorporated herein by this reference. D. Covenants Running with the Land. It is intended and agreed that the covenants referred to above shall be covenants running with the land and that they shall in any event be binding to the fullest extent permitted by law and equity, for the benefit and in favor of and enforceable by the City, its successors and assigns, and the City, the State of Illinois, and the United States of America with regard to Section 2A of this Agreement, and against the Recipient, its successors and assigns and every successor in interest to the Property or any part thereof or any interest therein, and any party in possession or occupancy of the Property or any part thereof. E. Binding for the Benefit of the City. It is also intended and agreed that the foregoing agreements and covenants running with the land shall in any event and without regard to technical classification or designation legal or otherwise itself be to the fullest extent permitted by law and equity binding for the benefit of the City and enforceable by the City and the State of Illinois and the United States against the Recipient and its successors, assigns to or of the Property or any part thereof or any interest therein. F. This Agreement shall be governed by the State of Illinois and the parties agree that Knox County is and will be the appropriate venue for the hearing of any dispute relating to this Agreement. SECTION 3: CITY AND OBLIGATION A. The City shall provide to Recipient reimbursable grant not to exceed the total amount of $22,039.91 or 50% of the facade Project cost specified in Exhibit C, or 50% of the actual final project costs, whichever is less for the Project as described in Exhibit B (hereinafter both grants referred to as the “Grant”). Said Grant will be available to the Recipient for the expenses as outlined in Exhibit C. Payment to the Recipient shall be in the form of a reimbursement of expenses paid by the Recipient. Grant reimbursements, to the maximum extent possible, will be made by the City within 30 business days of the date the Certification for Reimbursement of Facade Grant was received by the City. SECTION 4: RECIPIENT’S OBLIGATION AND RIGHTS A. Guarantees. In consideration of the Grant to be provided, the Recipient guarantees the construction of the project. Specifically, Recipient guarantees the activities as outlined in Exhibit B shall be completed at the estimated cost of $44,079.82, as outlined in Exhibit C. Page 5 of 19 B. Submission of Construction Documents. If applicable, prior to commencement of construction the Recipient shall submit to the City for its approval, which approval shall not be unreasonably withheld, Construction Documents prepared by an Illinois licensed design professional that are of sufficient clarity to indicate the location, nature and extent of the work proposed as outlined in EXHIBIT B. C. Conformance to Construction Documents. All work with respect to the Project to be construed or provided by the Recipient on the Property shall be in substantial conformity with the Construction Documents and Project description as outlined in EXHIBIT B. D. Conformance to Federal, State and Local Requirements. All work with respect to the Project shall conform to all applicable Federal, State and Local laws, regulations and ordinances including, but not limited to construction codes, life safety code and Illinois Accessibility Code. E. Changes in Construction Documents. If the Recipient desires to make any substantial change in the Construction Documents which significantly affects the appearance, function, or structural integrity of the Project, whether prior to, or subsequent to the funding of the Grant, the Recipient shall submit the proposed change to the City for its approval. F. Improvements, Commencement and Completion Requirements. 1. Commencements. The Recipient agrees for itself, its successors and assigns that it shall begin within 180 days from the date this Agreement is executed and diligently prosecute to completion the redevelopment of the Property through the construction of the Project thereon pursuant to the approved Construction Documents and in accordance with approved changes. 2. Compliance. The Recipient agrees for itself, its successors and assigns that the construction of the Project shall be in compliance with applicable Federal, State and Local laws, regulations and ordinances. All construction permits are secured and all associated fees are paid prior to the onset of work and all completed work shall pass appropriate inspections of applicable reviewing agency. 3. Remedies. In addition to all the available remedies provided by this Agreement, the City shall have all available remedies pursuant to law and equity to remedy defects and recover damages in the event of any violation of subparagraphs F1 and F2 immediately preceding. 4. Lien Waivers. All contracts payable from Grant funds shall provide that all contractors and subcontractors furnish contractor's affidavits in the form provided by state statute and that waivers of lien be required for all payments made. G. Financing Authorization and Commitment. Prior to any disbursement of Grant funds by the City, the Recipient shall submit to the City evidence that the Recipient has the appropriate authorization to Page 6 of 19 proceed, and has sufficient funds available or financing in place to cover the costs associated with the private share of the project. H. Progress Reports. Until construction of the Project has been completed, the Recipient shall make progress reports to the City when milestone dates are achieved, or upon special requests of the City in such detail as may be reasonably requested by the City. I. The Recipient shall agree to work with and cooperate with the City to inform the public about the Project. J. Maintenance and Alteration. 1. The Recipient, its successors and assigns, shall maintain the façade improvements for a period of five (5) years from the date of the final Grant reimbursement. 2. The Recipient, its successors and assigns, shall not alter, modify or remove facade improvements for a period of five (5) years from the date of the final Grant reimbursement without written approval from the City. SECTION 5: REPRESENTATIONS OF THE RECIPIENT The Recipient represents, warrants and agrees as the basis for the undertakings on its part herein contained that: A. Organizational and Authorization. The Recipient is: The Bar 65, Inc 65 S Cherry St Galesburg, IL 61401 B. Use of Proceeds. All of the proceeds from the Grant funds will be used for the facade renovation costs of the Project as provided for herein. C. Location of the Project. The Project will be located on the Property, as described in Exhibit A. D. Estimated Costs. The Estimated Cost of the Project is set forth in Exhibit C attached hereto. E. Changes in Acquisition or Construction of Project. The Project consists and will consist of the property described in Exhibit A attached hereto and no changes shall be made in the construction of the Project which will have the effect of impairing the effective use or character of the Project as contemplated by this Agreement. F. Conformance with Requirements and Regulation. Page 7 of 19 The Recipient has examined and is familiar with all the covenants, conditions, restrictions, building regulations and zoning ordinances and land use regulations including those contained herein affecting the Property and the Project, and covenants that the Construction Documents and the construction of the improvements in accordance with the Construction Documents do and will in all respects conform to and comply therewith. SECTION 6: ADDITIONAL COVENANTS OF THE RECIPIENT A. Indemnification Covenants. The Recipient agrees for itself, its successors and assigns, to indemnify and save the City and its officers and employees harmless against all claims by or on behalf of any person, firm or corporation arising from the conduct or management of, or from any work or thing done on, the Project while the Property remains in existence and against and from all claims arising from (i) any condition of the Project (ii) any breach or default on the part of the Recipient or its successors and assigns in the performance of any of its obligations under this Agreement (iii) any act of negligence of the Recipient or of any of its agents, contractors, servants, employees or licensees, (iv) any act of negligence of any assignee or lessee of the Recipient, or of any agents, contractors, servants, employees or licensees of any assignee or lessee of the Recipient, or (v) any performance by the City of any act required under this Agreement or required by the Recipient or its successors and assigns other than negligent or willful misconduct of the City. The Recipient agrees to indemnify and save the City harmless from and against all costs and expenses incurred in or in connection with any such claim arising as foresaid or in connection with any action or proceeding brought thereon. In case any such claim is made or action brought based upon any such claim in respect of which indemnity may be sought against the Recipient, upon receipt of notice in writing from the City setting forth the particulars of such claim or action, the Recipient shall assume the defense thereof including the employment of counsel and the payment of all costs and expenses. The City shall have the right to employ separate counsel in any such action and to participate in the defense thereof, but the fees and expenses of such counsel shall be at the expense of the City unless the employment of such counsel has been specifically authorized by the Recipient. B. Insurance. The Recipient shall agree to keep and maintain its property insured for its full insurable value against loss or damage by fire, theft, explosion, sprinklers and all other hazards and risks ordinarily insured against by other owners or users of such properties in similar business. All insurance policies shall contain an endorsement that the insurance company shall provide the City at least 30 days prior written notice before any such policy shall be altered or canceled. C. Maintenance and Repair. The Recipient agrees that it will maintain and repair the Project in accordance with the requirements of this Agreement. Page 8 of 19 SECTION 7: GRANT ASSISTANCE A. Grant Assistance to the Recipient. The City agrees, upon the terms and conditions in this Agreement, to make available an amount as specified in Section 3 A. B. Permitted Expenditures. No Grant funds may be disbursed from the City to Recipient unless they are for the purpose of paying the costs which are permitted by the Program as it may be amended from time to time. C. Disbursement from Grant Fund. At the request of and on behalf of the Recipient, the City, pursuant to the terms and conditions of this Agreement shall through disbursements from the appropriate Tax Increment Financing Fund, to the extent of funds available, reimburse to the Recipient for the costs incurred for the Project as set forth on Exhibit C attached hereto. D. Modification of Expenditures. The items set forth on Exhibit C may be modified by increasing or decreasing the cost of a particular item by adding or deleting items from the list provided. However, the total amount to be funded shall not exceed $44,079.82 (Forty Four Thousand Seventy Nine Dollars and Eighty-Two Cents) and further, provided that any such modification shall conform to the requirements of subsection 7B and the requirements of this Agreement. All requests for modification shall be in writing to the City. If such modification conforms to the requirements of this Agreement, the City shall approve the proposed change and process the request for reimbursement. E. Conditions Precedent to Disbursement. Prior to the initial reimbursement payment, unless waived by the City in writing, Recipient will furnish to the City the following, all to be satisfactory in both form and substance to the City, which shall be conditions precedent to the City's disbursement of Grant funds. Any item, the production of which has not been waived by the City, shall be furnished by the Recipient to the City as soon as reasonably available. 1. Necessary and appropriate construction permits; 2. Organization documents and filings for the Recipient and all resolutions necessary to effect the obligations of the Recipient pursuant to this Agreement; 3. Satisfactory proof that policies of insurance of all types and coverages required under the term of this Agreement have been obtained and are in force; 4. Contracts and subcontracts covering the construction of the Project; 5. Internal Revenue Service and Illinois taxpayer identification numbers for Recipient; 6. Evidence satisfactory to the City that Recipient holds fee simple title to the Property subject only to the encumbrances of the First Mortgage or holds valid options to acquire fee simple title to the Property subject to the above noted encumbrances; Page 9 of 19 7. Evidence of funds available for completion of the Project; 8. Requests for Reimbursements. Concurrently with the request for any Grant disbursement, Recipient shall have their Architect furnish to the City, separately with respect to each disbursement request, an Application and Certificate for Payment duly signed with all blanks appropriately filled in setting forth such details concerning the costs contained therein as the City shall require. Such request shall include a detailed breakdown of any costs associated with the project showing the amount expensed to date and the amounts then due and unpaid, and receipted invoices and/or releases or waivers of lien forms approved by the City from each material dealer, contractor and subcontractor who has done work or has furnished materials for construction of the Project, including but without limitation those covered by each such an Application and Certificate for Payment of Façade Grant. F. Time for Payment of Requisitions. If the City shall so require, thirty (30) days shall intervene between the date of receipt by City of an Application and Certificate for Payment of Façade Grant and the date upon which the City shall be obligated to effect such reimbursement. SECTION 8: CONSTRUCTION OF THE IMPROVEMENTS A. Commencement and Completion. Recipient shall cause construction of the Project to be commenced and to be prosecuted with due diligence and in good faith, and without delay. Recipient shall cause Project to be constructed in a good and workmanlike manner in accordance with the Construction Documents and in all respects in compliance with all applicable laws, rules, permits, requirements and regulations of any government agency or authorities having or exercising jurisdiction over the Property or the Project and will not cause, permit or allow any substantial deviation from the Construction Documents without prior written consent of the City. B. Contract Prohibitions. Unless otherwise previously agreed by the City in writing, all contracts let by Recipient or Recipient's contractor in connection with construction of the Project shall contain a prohibition against any material change in the Construction Documents involving a structural, square footage, design change or other substantial change without the City's prior written consent being had thereto. SECTION 9: LIABILITY INSURANCE Prior to any Grant disbursement, Recipient or Recipient’s contractor shall procure and deliver to the City at Recipient's or such contractor's cost and expense, and shall maintain in full force and effect until each and every obligation of Recipient contained herein has been fully paid, or performed, a policy or policies of comprehensive liability insurance and during any period of construction contractor's liability insurance with liability coverage under the comprehensive liability insurance to be not less than $1,000,000 (One Million Page 10 of 19 Dollars) each occurrence and $2,000,000 (Two Million Dollars) total. All such policies to be in such form and issued by such companies as shall have been approved by the City to protect the City and Recipient against any liability incidental to the use of or resulting from any accident occurring in or about the Project or the construction and improvements thereof. Each such policy shall contain an affirmative statement by the issuer thereunder to give written notice to the City at least 30 (thirty) days prior to any cancellation or amendment of its policy. SECTION 10: RIGHTS OF INSPECTION The City or its designee shall have the right at any time and from time to time to enter upon the Property for the purposes of inspection and if the City in its judgment, determines that any work and materials are not in conformity with the Construction Documents, as the same were theretofore approved in writing by the City, or with any applicable laws, regulations, permits, requirements or rules of any governmental authority having or exercising jurisdiction thereover or not otherwise in conformity with sound building practice, the City shall have the right to stop the work and to order replacement of correction of any such work or materials regardless of whether or not such work or materials have theretofore been incorporated into the Project. Inspection by the City of the Property or the Project shall be for the sole purpose of protecting the security for the Grant assistance and shall not be construed as a representation by the City that there has been compliance with the Construction Documents or that the Project will be or are free of faulty materials or workmanship, or a waiver of any rights the City or any other party may have against Recipient or any other party for non-compliance with the Construction Documents. SECTION 11: PROHIBITIONS AGAINST ASSIGNMENT AND TRANSFER A. Representation as to Purpose. The Recipient represents and agrees that its redevelopment of the Property, and its other undertakings pursuant to this Agreement, are, and will be used, for the redevelopment of the Property only. B. Prohibition Against Transfer of Property and Assignment of Agreement. The Recipient represents and agrees for itself and its successors and assigns that: 1. Prohibitions. Except only by way of security for a First Mortgage and only for the purpose of obtaining financing necessary to enable the Recipient or any successor in interest to the Property, or any part thereof, to perform its obligations with respect to making the Project under this Agreement, the Recipient (except as so authorized) has not made or created, and it will not, prior to receipt of the certificate of occupancy from the City, make or create, or suffer to be made or created, any total or partial sale, assignment, conveyance, or lease, or any trust Page 11 of 19 or power, or transfer in any other mode or form of or with respect to the Agreement or the Property, or any part thereof or any interest therein, or any contract or agreement to do any of the same, except for utility easements, without prior written approval of the City. 2. Conditions for Approval. The City shall be entitled to require, except as otherwise provided in this Agreement, as conditions to any such approval that: a. Any proposed transferee shall have the qualifications and financial responsibility, as determined by the City, necessary and adequate to fulfill the obligations undertaken in this Agreement by the Recipient (or, in the event the transfer is of or related to part of the Property, such obligations to the extent that they relate to such part.) b. Any proposed transferee, by instrument in writing satisfactory to the City and in a form recordable among the real property records, shall for Itself and its successors and assigns, and expressly for the benefit of the City, have expressly assumed all of the obligations of the Recipient under this Agreement and agreed to be subject to all the conditions and restrictions to which the Recipient is subject (or, in the event the transfer is of or relates to part of the Property, such obligations, conditions and restrictions to the extent that they relate to such part); Provided, that the fact that any transferee of, or any other successor in interest whatsoever, to the Property or any part thereof, shall, whatever the reason, not have assumed such obligations or so agreed, shall not (unless and only to the extent otherwise specifically provided in the Agreement or agreed to in writing by the City) relieve or except such transferee or successor of or from such obligations, conditions, or restrictions, or deprive or limit the City of or with respect to any rights or remedies or controls with respect to the Property or the construction of the Project; it being the intent of this, together with other provisions of this Agreement, that (to the fullest extent permitted by law and equity and excepting only in the manner and to the extent specifically provided otherwise in this Agreement) no transfer of, or change with respect to, ownership in the Property of any part thereof, or any interest therein, however consummated or occurring, and whether voluntary or involuntary, shall operate legally or practically, to deprive or limit the City of, or with respect to, any rights or remedies or controls provided in or resulting to the Property and the construction of the Project that the City would have had, had there been no such transfer or change. 3. The Recipient and its transferee shall comply with such other conditions as the City may find desirable in order to achieve and safeguard the purposes of the Real Property Tax Increment. Provided, that in the absence of specific written agreement by the City to the contrary, no such transfer or approval by the City thereof shall be deemed to relieve the Recipient, or any other Page 12 of 19 party in interest bound in any way by the Agreement or otherwise with respect to the construction of the Project, from any of its obligations with respect thereto. SECTION 12: EVENTS OF DEFAULT AND REMEDIES A. Events of Default. The following shall be Events of Default with respect to this Agreement: 1. If any material representation made by the Recipient in this Agreement, or in any certificate, notice, demand or request made by the Recipient, in writing and delivered to the City pursuant to or in connection with any of said documents shall prove to be untrue or incorrect in any material respect as of the date made; or 2. Default in the performance or breach of any covenant contained in this Agreement concerning the covenant of Recipient with regard to its existence and ownership of the Property; or 3. Default in the performance or breach of any other covenant, warranty or obligation of the Recipient in this Agreement and continuance of such default or breach for a period of 30 (thirty) days after Recipient has actual knowledge thereof; or 4. The entry of a decree or order for relief by a court having jurisdiction in the premises in respect of the Recipient in an involuntary case under the federal bankruptcy laws, as now or hereafter constituted, or any other applicable Federal or state bankruptcy, insolvency or other similar law, or appointing a receiver, liquidator, assignee, custodian, trustee, sequestrator (or similar official) of the Recipient for any substantial part of its property, or ordering the winding-up or liquidation of its affairs and the continuance of any such decree or order unstayed and in effect for a period of 60 (sixty) consecutive days; or 5. The commencement by the Recipient of a voluntary case under the Federal bankruptcy laws, as now or hereafter constituted, or any other applicable federal or state bankruptcy, insolvency or other similar law, or the consent by any such entity to the appointment of or taking possession by a receiver, liquidator, assignee, trustee, custodian, sequestrator (or other similar official) of the Recipient or of any substantial part of such entity's property, or the making by any such entity of any assignment for the benefit of creditors or the failure of the Recipient generally to pay such entity's debts as such debts become due or the taking of action by the Recipient in furtherance of any of the foregoing. B. Remedies on Default 1. In the event of any default in or breach of this Agreement, or any of its terms or conditions, by the Recipient or any successors or assigns, the Recipient shall repay to the City a portion of the Grant amount received according to the following formula: Page 13 of 19 60 months – (months elapsed from date Grant funds received) X Grant funds received = Repayment Amount 60 months 2. Except as otherwise provided in this Agreement, in the event of any default in or breach of this Agreement, or any of its terms or conditions, by either party hereto or any successors to such party, such party or successor, upon written notice from the other, shall take immediate action to cure or remedy such default or breach, and, in any event, within 60 (sixty) days after receipt of such notice. In case such action is not taken, or not diligently pursued, or the default or breach shall not be cured or remedied within a reasonable time, the aggrieved party may institute such proceedings as may be necessary or desirable in its opinion to cure or remedy such default or breach, including but not limited to, proceedings to compel specific performance by the party in default or breach of its obligations. 3. In case the City shall have proceeded to enforce its rights under this Agreement and such proceedings shall have been discontinued or abandoned for any reason or shall have been determined adversely to the City, then and in every such case the Recipient and the City shall be restored respectively to their several positions and rights hereunder, and all rights, remedies and powers of the Recipient and the City shall continue as though no such proceedings had been taken. C. Agreement to Pay Attorney’s Fees and Expenses. In the event the Recipient should default under any of the provisions of this Agreement and the City should employ attorneys or incur other expenses for the collection of the payments due under this Agreement or the enforcement of performance or observance of any obligation or agreement on the part of the Recipient herein contained the Recipient agrees that it will on demand therefore pay to the City the reasonable fees of such attorneys and such other expenses so incurred by the City. In the event the City should default under any of the provisions of this Agreement and the Recipient should employ attorneys or incur other expenses for the collection of the payments due under this Agreement or the enforcement of performance or observance of any obligation or agreement on the part of the Recipient herein contained the City agrees that it will, on demand therefore, pay to the Recipient the reasonable fees of such attorneys and such other expenses so incurred by the Recipient. SECTION 13: OTHER RIGHTS AND REMEDIES OF CITY AND RECIPIENT A. No Waiver by Delay. Any delay by the City or the Recipient in instituting or prosecuting any actions or proceedings or otherwise asserting its rights shall not serve to waive or to deprive it of or limit such rights in any way (it being the intent of this provision that the City or Recipient should not be Page 14 of 19 constrained so as to avoid the risk of being deprived of or limited in the exercise of the remedy provided in this Section because of concepts of waiver, lathes or otherwise) to exercise such remedy at a time when it may still hope to otherwise resolve the problems created by default involved; nor shall any waiver in fact made by the City or Recipient with respect to any specific default by the Recipient or the City under this Section be considered or treated as a waiver of the rights of the City or the Recipient with respect to any other defaults by the Recipient, or the City under this Section or with respect to any defaults under any Section in this Agreement or with respect to the particular default, except to the extent specifically waived in writing by the City or the Recipient. B. Rights and Remedies Cumulative. The rights and remedies of the parties to this Agreement (or their successors in interest) whether provided by law or by this Agreement, shall be cumulative, and the exercise by either party of any one or more of such remedies shall not preclude the exercise by it, at the time or different time, of any such remedies for the same default or breach by the other party. No waiver made by either such party with respect to the performance, nor the manner of time thereof, or any obligation of the other party or any condition as to its own obligation under this Agreement shall be considered a waiver of any rights of the party making the waiver with respect to the particular obligation of the other party or condition to its own obligation beyond those expressly waived in writing and to the extent thereof, or a waiver in any respect in regard to any other rights of the party making the waiver or any other obligations of the other party. SECTION 14: DELAY IN PERFORMANCE For the purposes of any of the provisions of this Agreement except regard to payment of real property taxes or guarantees as provided herein, neither the City, nor the Recipient, as the case may be, nor any successor in interest, shall be considered in breach of, or default in, its obligations with respect to the preparation of the Property for redevelopment, or the beginning and completion of construction of the Project, or progress in respect thereto, in the event of enforced delay in the performance of such obligations due to unforeseeable cause beyond its control and without its fault or negligence, including, but not restricted to acts of God, acts of the public enemy, acts of federal, state or local government, acts of the other party, fires, floods, epidemics, quarantine restrictions, strikes, embargoes, acts of nature, unusually severe weather or delays of subcontractors due to such causes; it being the purpose and intent of this provision that in the event of the occurrence of any such enforced delay, the time or times for performance of the obligations of the City with respect to the preparation of the Property for the redevelopment Project or of the Recipient with respect to construction of the Project as the case may be, shall be extended for the period of the enforced delay. Provided, that the party seeking the benefit of the provisions of this Section, shall, within 10 (ten) days after Page 15 of 19 the beginning of any such enforced delay, have first notified the other party thereof in writing, of the cause or causes thereof, and requested an extension of the period of enforced delay. Such extensions of schedule shall be agreed to in writing by the parties hereto. SECTION 15: EQUAL EMPLOYMENT OPPORTUNITY The Recipient, for itself and its successors and assigns, agrees that during the construction of the Project provided for in this Agreement that the following will apply: A. Non-Discrimination. The Recipient will not discriminate against any employee or applicant for employment on the basis of race, color, religion, sex, or national origin. The Recipient will take affirmative action to insure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex or national origin. Such action shall include but not be limited to, the following: employment, upgrading, demotion, transfer, recruitment, recruitment advertising, layoff, termination, rates of pay or other forms of compensation, and selection for training, rates of pay or other forms of compensation, and selection for training, including apprenticeship. The Recipient agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the City setting forth the provisions of this non-discrimination clause. B. Advertising. The Recipient will, in all solicitations or advertisements for employees placed by or on behalf of the Recipient, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex or national origin. C. Non-Compliance. In the event of the Recipient’s non-compliance with the non-discrimination clauses of this Section, this Agreement may be canceled, terminated, or suspended in whole or in part. D. Mandatory Inclusions of Provisions. The Recipient will include the provisions of Paragraphs "A" through "C" of this Section in every contract or purchase order, and will require the inclusions of these provisions in every subcontract entered into by any of its contractors, unless exempted by rules, regulations, so that such provisions will be binding upon each such contractor, subcontractor, or vendor as the case may be. SECTION 16: TITLES OF ARTICLES AND SECTIONS Any titles of the several parts, Articles and Sections of this Agreement are inserted for convenience of reference only and shall be disregarded in construing or interpreting any of its provisions. SECTION 17: CONFLICT OF INTEREST No member, officer, or employee of the City or its designees or agents and no member of the governing body of the City during his or her tenure or for one year thereafter, shall have any interest, direct or indirect, in any contract or subcontract or the proceeds thereof, with respect to which this Agreement shall apply. Page 16 of 19 SECTION 18: NOTICES All notices, requests, demands and other communications to be given to any party hereunder shall be in writing and shall be deemed to have been duly given when personally delivered or deposited in the United States mail, certified or registered mail, return receipt requested, postage prepaid, addressed to the parties at the following addresses (or at such other address as shall be given in like manner by any party to the other): City of Galesburg: Recipient: City of Galesburg Community Development Department 55 West Tompkins Street Galesburg, IL. 61401 The Bar 65, Inc Samuel Burdick 931 Beecher Ave Galesburg, IL 61401 SECTION 19: COUNTERPARTS If the Agreement is executed in two or more counterparts, each shall constitute one and the same instrument and each shall be recognized as an original instrument. IN WITNESS WHEREOF, the parties hereto have executed this Agreement and caused their respective seals to be affixed and attested thereto as of the date first written above in this Agreement. City of Galesburg A municipal corporation Recipient By: Peter Schwartzman Samuel Burdick Its: Mayor Its: Owner Attest: Attest: Kelli R. Bennewitz, City Clerk Page 17 of 19 EXHIBIT A PROPERTY DESCRIPTION Commencing 87 feet North of the Southwest corner of Block 26 in the City of Galesburg, Knox County, Illinois, and running thence East 80 ½ feet, thence North 29.9 feet, thence West 80.5 feet, thence South 29.9 feet to the place of beginning; the above-described property being also known as Sublot 33 of Revenue Plat of 1927 of the Subdivision of a part of Lots 5, 6, 7 and 8 in Block 26 in the City of Galesburg, Knox County, Illinois, as per Plat recorded in Vol. 8 of Plats, page 19, Knox County, Illinois, Plat Records. COMMONLY KNOWN AS: 65 S Cherry Street, Galesburg, IL 61401 PROPERTY IDENTIFICATION NUMBER: 99-15-226-012 Page 18 of 19 EXHIBIT B PROJECT DESCRIPTION The proposed project includes tuckpointing, adding a rear exit door under an existing window header, replacing 6 second story windows (currently boarded up), relocating furnace vent pipes that currently exit through the boarded-up windows, replacing the rear exit door, adding a wall sign above the rear door, adding a light above the new sign, new gutters and painting the rear façade. This project, once completed, would allow for the potential redevelopment and use of the 2nd floor. It is anticipated the project will begin in June/July 2022 and take 3 months to complete. Page 19 of 19 EXHIBIT C COSTS OF PROJECT DESCRIPTION OF WORK AND/OR MATERIAL COST POWERWASH, NEW DOOR, PAINTING REAR, NEW DOWNSPOUT $10,458.57 MASONRY TUCKPOINTING $22,000 NEW WINDOWS 10,656.25 ELECTRICAL $465 HVAC $500 TOTAL: $44,079.82 ___________________________________________________________________________________________ Prepared by Gugs Page 1 of 1 COUNCIL LETTER CITY OF GALESBURG JUNE 20, 2022 AGENDA ITEM: Consider a Tax Increment Financing (TIF) Redeveloper Agreement with Galesburg Symphony Society/Knox Galesburg Symphony for the property located at 95 N Seminary Street. SUMMARY RECOMMENDATION: The Interim City Manager and Director of Community Development recommend the Redeveloper Agreement be approved. BACKGROUND: Galesburg Symphony Society/Knox Galesburg Symphony is proposing a complete renovation of approximately 3,800 square feet of the underutilized building at 95 N Seminary St and have requested Tax Increment Financing District IV assistance. The entire layout of the first floor will be renovated including highly sound attenuated teaching and practice studios for private lesson and individual practice; a dedicated piano instruction studio; a flex classroom/rehearsal space that can be used to youth music programs, mid-scale rehearsals, meetings, and group classes; a multifunction space that has been structurally engineered to be suitable for small recital performances (audiences of around 40 people), larger group rehearsals, common lounge space, and meeting and event space for Symphony and public use; a no-cost snack bar for the public; and two administrative/workshare office spaces. Overall finish levels of the project will be mid-range: creating an atmosphere that is comfortable enough for kids to feel welcome while also suitable for chamber music and donor events. The space will be warm, colorful, and inviting with a sense of approachable elegance that encourages people to come in, sit, feel, and experience classical music. The estimated total renovation cost is $1,040,712.80 and the proposed incentive would be approximately 15% of the eligible expenses ($156,106.92), which would be paid out in equal installments over a three-year period. The remainder of the expenses would be paid for by the owner. The Galesburg Symphony has 1 full-time and 62 part-time existing jobs. When this project is completed, they anticipate creating 6 to 9 additional part-time jobs. The owner anticipates beginning work as soon as possible, weather permitting, and anticipates completion by the December 31, 2022. BUDGET IMPACT: As a separate approval on the Council agenda, $156,106.92 will be transferred from Tax Increment Financing District #2 to the Tax Increment Financing District #4 Fund. SUPPORTING DOCUMENTS: 1.Floor plan, photos & rendering 2.Redeveloper Agreement 22-4062 Symphony Center LEARN PERFORM INSPIRE VISION …To create a welcoming and inclusive space for people of all ages, backgrounds, and economic levels to experience excellent music instruction and educational opportunities. We will also present world-class chamber music performances, while providing a home for the Symphony and other music organizations in our community. This project will transform the Symphony into a sustainable and broad-reaching community partner, allowing us to adapt and grow to meet the needs of our region. 2 IMPACT How does this improve the landscape of our community and increase the quality of life for our residents? ●Provides vital community unification through a shared love for music ●Performances and lessons for people of all ages, backgrounds, and economic levels ●Revitalize and strengthen the rich classical music heritage of Galesburg ●Resource for excellent music education opportunities ●Partnerships with area schools and other educational institutions ●Revitalization of historic downtown buildings ●Permanent home for Symphony office 3 4 5 The west façade will remain mostly unchanged. Exploring possible front entry ADA versus proposed rear ADA access. Interior looking west –the north and south corners will be new administrative office facilities. On the south will also be a free snack area. Finishes will be acoustic drop ceiling, paint wall finish, and carpet in offices and LVP in corridor and common spaces. Interior looking east from entry –this will open to a new multipurpose rehearsal, meeting, and recital space with dedicated music teaching studios further east. Ceiling of multipurpose room will be painted open structure.Walls of all spaces are paint finish with LVP in common spaces.Carpet will be used in teaching studios. 6 Additional southwest view from perspective of future multipurpose room. Phase 1 buildout includes one private administrative office and one 2-3 person workshare office. One primary project objective is access to programs regardless of income level –free snack area (fruits, shelf-stable granola bars, bottled water, etc) will be located on the south wall. Additional view looking to the west from further back in the space. This perspective is from within the future rear teaching corridor. This space features four highly soundproofed teaching and practice studios, a dedicated piano studio, and a multifunction classroom/rehearsal room. We will offer private lessons, group classes, and more! PLEASE SEE RENDERINGS ON PAGES 10, 11, & 12 PHASE 1: First Floor Renovation Phase 1 includes: ●6 lesson and rehearsal spaces ●Multipurpose performance/flex space ●Admin and workshare offices ●Free snack bar ●ADA and family restrooms This phase makes the first floor of 95 N Seminary ADA accessible and provides for a manageable introductory period to evaluate participation, staffing, and operations needs. Future plans include renovation of the basement, second floor, and adjacent 107 N Seminary building. One of our key priorities is to provide a welcoming, comfortable space that is scalable with long-term plans. Through the use of endowment funds, we will offer lessons on a sliding tuition scale, providing access to as many students as possible. 7 Multipurpose Room: performance setup 11 Multipurpose Room: meeting/lounge setup 12 Page 1 of 29 CITY OF GALESBURG Redevelopment Agreement Galesburg, IL Lots 25 and 26 in Block 63 in the First Southern Addition to the City of Galesburg, Knox County, Illinois. COMMONLY KNOWN AS: 95 N Seminary Street, Galesburg, IL 61401 PROPERTY IDENTIFICATION NUMBER: 99-11-351-033 Submitted by: Kelli R. Bennewitz City Clerk City of Galesburg Return to: Kelli R. Bennewitz City Clerk City of Galesburg P.O. Box 1387 Galesburg, IL 61401 Page 2 of 29 CONTRACT FOR PRIVATE DEVELOPMENT PURSUANT TO THE GALESBURG, ILLINOIS TAX INCREMENT CONSERVATION AND BLIGHTED AREA REDEVELOPMENT PLAN AND PROJECTS IV AND THE GALESBURG TAX INCREMENT REIMBURSEMENT PROGRAM FOR GALESBURG SYMPHONY SOCIETY/KNOX-GALESBURG SYMPHONY THIS AGREEMENT, entered into on or as of the _____ day of __________, 2022, by and between the City of Galesburg, Illinois, a municipal corporation, hereinafter called the “City”, exercising its governmental powers pursuant to the 1970 Constitution of the State of Illinois, whose address is 55 West Tompkins Street, P.O. Box 1387, Galesburg, Illinois 61401, and Galesburg Symphony Society/Knox Galesburg Symphony, hereinafter called the “Redeveloper”, whose address is 95 N. Seminary St, Galesburg, IL 61401. WITNESSETH WHEREAS, the City has adopted a program for the reconstruction of a Redevelopment Area known as the Tax Increment Redevelopment Project Area IV in Galesburg, Illinois, pursuant to the Tax Increment Allocation Redevelopment Act, 65 ILCS 5/11-74.4-1, et seq. of the Illinois Revised Statutes, (hereinafter referred to as the “Act”); and WHEREAS, pursuant to the provisions of the Act, the City has adopted a Redevelopment Plan and Redevelopment Projects (hereinafter referred to as the “Plan”) pertaining to the Redevelopment of the Tax Increment Redevelopment Project Area IV, a copy of which is on file in the office of the City Clerk of the City and available for public inspection; and WHEREAS, the Redeveloper has proposed to conduct renovations on the property described in Exhibit “A” attached hereto and made a part hereof, (which said property as so described is hereinafter called the “Redevelopment Site”). WHEREAS, the City, to achieve the objectives of the Plan in accordance with the uses set forth therein, intends to assist the Redeveloper with the renovation and redevelopment at the Redevelopment Site through the payment of certain Redevelopment Assistance; and WHEREAS the Redeveloper is willing to fund the remaining portion of the project through other sources; and WHEREAS, the City believes that the redevelopment of the Redevelopment Site pursuant to the Plan is in the vital and best interest of the City and the health, safety, morals and welfare of its residents, and in accordance with the public purposes and provisions of the applicable federal, state, and local laws. Page 3 of 29 SECTION 1: DEFINITIONS A. Definition of Terms. Certain terms used in this Agreement shall have the following meanings unless their content or use clearly indicate otherwise. “Act” means the Tax Increment Allocation Redevelopment Act, 65 ILCS, 5/11-74.4-1 et seq. of the Illinois Compiled Statutes as amended and supplemented. “Agreement” means this contract for Private Development pursuant to the Galesburg, Illinois, Tax Increment Conservation Redevelopment Plan and Project IV. “Authorized Representative” means such person at the time and from time to time designated to act on behalf of the Redeveloper by written certificate furnished to the City, containing the specimen signature of such person and signed on behalf of the Redeveloper by Lucas D Wood. Such certificate may designate an alternate or alternates. “City” means the City of Galesburg, Illinois. “Construction Plans” means the detailed plans, drawings, specifications, and related documents along with a proposed completion schedule for the construction and or the rehabilitation of the Project to be submitted by the Redeveloper to the City. “Estimated Cost of Project” means the cost of the Project as estimated as of the date of this Agreement and as reflected on Exhibit “B” attached hereto and made a part hereof. “Events of Default” shall mean those occurrences, actions or lack of action which shall be construed to be a breach or failure to perform pursuant to the terms of this Agreement as set forth in Section 13 of this Agreement. “Final Project Cost Analysis” means the statement of actual cost and expenses of the Project submitted by the Redeveloper to the City in certified form after completion of the Project. “Final Site Plan” means the final plan submitted by the Redeveloper to the City which sets forth the limit of the Redevelopment Site, building locations, ingress and egress, loading areas, parking, landscaping, signage and adjoining streets including one or more elevations or sketches showing the exterior features and designs of the building(s). “Plan” means the Redevelopment Plan and Redevelopment Projects (Redevelopment Plan IV) adopted by the City pursuant to the Act. “Project” means the redevelopment/renovation of the Redevelopment Site as described in Exhibit “D”. Page 4 of 29 “Property” shall refer to the Redevelopment Site, within the Redevelopment Area being redeveloped by the Redeveloper as described in Exhibit “A” attached hereto. “Property Tax Increment” means the net amount paid over to the City by the Knox County Treasurer as the City’s share of the increment provided for under Section 8 of the Act and attributable to Property Tax Increment generated by a Project on a Redevelopment Site, unless said site is tax-exempt. “Redevelopment Area” shall refer to the Tax Increment Redevelopment Project Area IV as approved by the City which is described in Exhibit “C” attached hereto. “Redevelopment Assistance” means the monies provided by the City as a reimbursement to the Redeveloper for costs specified in Section 8 herein. “Redevelopment Site” shall refer to the parcel or parcels within the Redevelopment Area as described in Exhibit “A” attached hereto. B. Construction of Words. The words “hereof”, “herein”, “hereunder”, and other words of similar import refer to this Agreement as a whole. Unless otherwise specified, reference to Articles, Sections and other subdivisions of this Agreement are to the designated Articles, Sections and other subdivisions of this Agreement as originally executed. The headings of this Agreement are for convenience of references only and shall not define or limit the provision hereof. C. Non-Limitation of Remedies. Nothing contained herein shall in any way limit the remedies of the City or Redeveloper pursuant to other Sections of this Agreement and pursuant to law and equity in the Event of Default. SECTION 2: REAL PROPERTY TAXES A. Payment of Real Property In order to assure the proper flow of tax revenues anticipated by the City pursuant to the Plan, the Redeveloper shall promptly pay all real property taxes on the Redevelopment Site when due. Page 5 of 29 B. Non-Payment of Real Property Taxes. In the event that any portion of real property taxes are not paid in a year, the Redeveloper is ineligible to receive the Property Tax Increment reimbursement incentive payment for that year, until they become current on all property taxes and provide proof thereof. SECTION 3: CONVENANTS AND RESTRICTIONS A. Conformance. The Redeveloper agrees to develop the Property subject to the terms, covenants, building and use restrictions, and conditions in the Plan. B. Non-Discrimination. The Redeveloper agrees for itself and its successors and assigns, and every successor in interest to the Property, or any part thereof, that the Redeveloper and such successors and assigns, shall not discriminate in violation of all applicable Federal, State or Local laws or regulations upon the basis of race, color, religion, sex, age or national origin in the sale, lease or rental, or in the use or occupancy of the Property or any improvements erected or to be erected thereon, or any part thereof. C. Exemption from Property Taxes. The Redeveloper covenants for itself, its successors and assigns, and for all successors entitled to the Property here conveyed by this Agreement (or any portion thereof) that it shall not apply for, seek, or authorize any exemption from the imposition or paying of real property taxes on said Property or Project without first obtaining the prior written approval of the City; provided, however, that nothing herein shall prevent the Redeveloper or its successor’s or assigns from challenging the amount of any assessment pursuant to law. D. Duration of Covenants. It is intended and agreed that the covenants provided in Sections 3A, 3B and 3C of this Agreement shall remain in effect without any time limitation, provided, that such agreements and covenants shall be binding on the Redeveloper itself, each successor in interest to the Property, and in every part thereof, and each party in possession or occupancy, respectfully, only for such period as such successor or party shall have title to an interest in, or possession or occupancy of the Property. Page 6 of 29 E. Guarantees. The Redeveloper agrees for itself, its successors and assigns and every successor in interest to the Property or any part thereof, that the Redeveloper and such assigns shall guarantee the redevelopment of the Property through the construction of the Project thereon, and that such construction shall, in any event, be begun and completed in the period of time specified in Section 5F herein. F. Covenants Running with the Land. It is intended and agreed that the covenants referred to above shall be covenants running with the land and that they shall in any event be binding to the fullest extent permitted by law and equity, for the benefit and in favor of and enforceable by the City, its successors and assigns, and the City, the State of Illinois, and the United States of America with regard to Section 3B of this Agreement, and against the Redeveloper, its successors and assigns and every successor in interest to the Property or any part thereof or any interest therein, and any party in possession or occupancy of the Property or any part thereof. G. Binding for the Benefit of the City. It is also intended and agreed that the foregoing agreements and covenants running with the land shall in any event and without regard to technical classification or designation legal or otherwise itself be to the fullest extent permitted by law and equity binding for the benefit of the City and enforceable by the City and the State of Illinois and the United States as provided in Section 3F against the Redeveloper and its successors, assigns to or of the Property or any part thereof or any interest therein. SECTION 4: CITY’S OBLIGATION A. Duties. The City without expense to the Redeveloper, except as set forth herein, (or at such earlier time or times as the Redeveloper and the City may agree in writing), shall in accordance with the Plan, provide or secure or cause to be provided or secured, the following: B. Redevelopment Assistance. The City shall provide Redevelopment Assistance to the Redeveloper in an amount not to exceed $156,106.92. Payment to the Redeveloper will be according to the following schedule: A maximum of $52,035.64 will be available to the Redeveloper prior to December 31, 2022, a maximum of $52,035.64 will be available to the Redeveloper prior to December 31, 2023, Page 7 of 29 maximum of $52,035.64 will be available to the Redeveloper prior to December 31, 2024 to reimburse the Redeveloper for completed property renovations as outlined in Exhibit “E”. This disbursement shall be provided after all required documentation has been provided and approved by the City. The Redevelopment Assistance will be provided to the Redeveloper for eligible expenses. Eligible expenses are defined in the Act as Redevelopment Project Costs, which means and includes the sum total of all reasonable or necessary costs incurred or estimated to be incurred, and any such costs incidental to a Redevelopment Plan and a Redevelopment Project. Such costs may include the following: Professional service costs (costs of studies, surveys, development of plans, and specifications and cost of marketing sites); Property assembly costs (including but not limited to acquisition of land and other property, real or personal, demolition of buildings, site preparation, site improvements that act as engineered barriers and the clearing and grading of land); Improvements to private or public buildings (Costs of rehabilitation, reconstruction or repair or remodeling of existing public or private buildings, fixtures and leasehold improvements); Public Works (Costs of the construction of public works or improvements); and construction interest costs (during period of construction but not exceeding thirty-six (36) months, such payments in any one year shall not exceed 30% of annual interest costs incurred by the Redeveloper in that year). SECTION 5: REDEVELOPER OBLIGATION AND RIGHTS A. Guarantees. In consideration of the Redevelopment Assistance to be provided by the City, the Redeveloper guarantees the construction of the project. Specifically, the Redeveloper guarantees the TIF eligible activities shall be completed and the private funding required to complete the property renovations, as outlined in Exhibit “B” and described in Exhibit “D”, shall be completed at an estimated cost of up to $1,040,712.80. B. Submission of Construction Plans. Prior to the commencement of renovation, the Redeveloper shall submit to the City for its approval, which approval shall not be unreasonably withheld, the Construction Plans, when required by State or Local laws, which reflect the renovation and related improvements on the Redevelopment Site. Page 8 of 29 C. Conformance to Construction Plans. All work with respect to the Project to be constructed, renovated, or provided by the Redeveloper on the Property shall be in substantial conformity with the Construction Plans. D. Changes in Construction Plans. If the Redeveloper desires to make any substantial change which materially changes the exterior appearance, function, or structural integrity of the Project, whether prior to or subsequent to the funding of the Redevelopment Assistance, the Redeveloper shall submit the proposed change to the City Planning & Public Works Department for approval. If the Construction Plans, as modified by the proposed change, meet all applicable legal requirements, and do not create a substantial change in the nature or aesthetics of the Project, the City Planning and Public Works Department shall approve the proposed change and notify the Redeveloper in writing of its approval. E. Construction Plans Process. The Redeveloper shall utilize the City’s existing plan review and permitting process for the review, approval, and modifications of Construction Plans. Said process shall be separate from this Agreement. F. Time Limitations. The construction and improvements referred to herein shall be substantially completed by December 31, 2022. G. Improvements, Commencement and Completion Requirements. 1. Commencements. The Redeveloper agrees for itself, its successors and assigns, that it shall promptly begin and diligently prosecute to completion the redevelopment of the Property through the construction of the Project thereon pursuant to the approved Construction Plans and in accordance with any approved changes. 2. Conformance to Federal, State and Local Requirements. The Redeveloper shall use its best efforts to see that all work with respect to the Project shall conform to all applicable Federal, State and local laws, regulations and ordinances including but not limited to construction codes, life safety codes, Illinois Accessibility Code, and development ordinance requirements. 3. Remedies. In addition to all the available remedies provided by this Agreement, the City shall have all available remedies pursuant to law and equity to remedy defects and Page 9 of 29 recover damages in the event of any violation of sections 5(G)(1) and 5(G)(2) immediately preceding. 4. Lien Waivers. Prior to receiving the Redevelopment Assistance, the Redeveloper shall provide proof to the City that all contractors and subcontractors involved with the property renovations have been paid in full and no liens have been filed on the Property. H. Financing Authorization and Commitment. Prior to any disbursement of Redevelopment Assistance funds by the City, the Redeveloper shall submit to the City evidence that the Redeveloper has the appropriate authorization to proceed and has sufficient funds available or financing in place to cover the costs associated with the private share of the project. I. Progress Reports. Until construction of the Project has been completed, the Redeveloper shall make progress reports to the City when milestone dates are achieved, or upon special requests of the City in such detail as may be reasonably requested by the City. J. Termination of Duties. All duties, conditions, restrictions, and obligations placed hereunder upon the Redeveloper and the Property shall terminate when the Redeveloper has completed the renovation project related to eligible Project costs as listed in Exhibit “E” or when the Tax Increment Financing District IV expires, whichever occurs sooner. SECTION 6: REPRESENTATIONS OF THE REDEVELOPER The Redeveloper represents, warrants, and agrees as the basis for the undertakings on its part herein contained that: A. Organizational and Authorization. The Redeveloper is: Galesburg Symphony Society/Knox Galesburg Symphony Lucas D. Wood 95 N Seminary St Galesburg, IL 61401 B. Use of Proceeds. All the proceeds from the Redevelopment Assistance funds will be used by the Redeveloper for eligible Project expenses as listed in Exhibit “E”. C. Location of Project. The Project will be located on the Redevelopment Site. Page 10 of 29 D. Estimated Costs. The Estimated Cost of the Project is set forth in Exhibit “B” attached hereto. E. Changes in Acquisition or Construction of Project. The Project consists of and will consist of the properties described in Exhibit “A” attached hereto and no changes shall be made in the renovation of the Project which will have the effect of impairing the effective use or character of the Project as contemplated by this Agreement. F. Conformance with Requirement and Regulation. The Redeveloper has examined and is familiar with all the building regulations and development ordinances and land use regulations of the City, and the covenants, conditions and restrictions contained herein affecting the Property and the Project, and covenants that it shall use its best efforts to see that the Construction Plans and construction of the Project are in accordance with the Construction Plans and will in all respects conform to and comply therewith. SECTION 7: ADDITIONAL COVENANTS OF THE REDEVELOPER A. Indemnification Covenants. Until such time as an occupancy permit is issued for the Project, at which time the agreements and covenants of this Section 7A shall no longer be binding and enforceable, the Redeveloper agrees for itself, its successors and assigns, to indemnify and save the City and its officers and employees harmless against claims by or on behalf of any person, firm or corporation arising from the conduct or management of, or from any work or thing done on the Project while the Redevelopment Area remains in existence and against and from all claims arising from (i) any condition of the Project (ii) any breach or default on the part of the Redeveloper or its successors and assigns in the performance of any of its obligations under this Agreement (iii) any act of negligence of any assignee or lessee of the Redeveloper, or any agents, contractors, servants, employees or licensees (iv) any act of negligence of any assignee or lessee of the Redeveloper, or of any agents, contractors, servants, employees or licensees of any assignee or lessee of the Redeveloper, or (v) any performance by the City of any act required under this Agreement or requested by the Redeveloper or its successors and assigns other than negligent or willful misconduct of the City. The Redeveloper agrees to indemnify and save the City harmless from and against all costs and expenses incurred in or in connection with any such claim arising as foresaid or in connection with any action or proceeding brought thereon. In case any such claim is made or action brought based upon any such claim in respect of which indemnity may be sought against Page 11 of 29 the Redeveloper, upon receipt of notice in writing from the City setting forth the particulars of such claim or action, the Redeveloper shall assume the defense thereof including the employment of counsel and the payment of all costs and expenses. The City shall have the right to employ separate counsel in any such action and to participate in the defense thereof, but the fees and expenses of such counsel shall be at the expense of the City unless the employment of such counsel has been specifically authorized by the Redeveloper. B. Insurance. The Redeveloper agrees to maintain all necessary insurance with respect to the Project in accordance with the requirements of this Agreement. C. Maintenance and Repair. The Redeveloper agrees that it will maintain and repair the Project in accordance with the requirements of this Agreement. SECTION 8: REDEVELOPMENT ASSISTANCE A. Redevelopment Assistance to Redeveloper. The City agrees, upon the terms and conditions of this Agreement, to provide Redevelopment Assistance to the Redeveloper for eligible Redevelopment Assistance expenses, as listed in Exhibit ‘E”. Said Redevelopment Assistance shall be in accordance with the guidelines set forth in Section 4.B. of this Agreement. B. Permitted Expenditures. No funds may be disbursed from the City to Redeveloper unless they are for the purpose of paying eligible Redevelopment Project Costs which are permitted in the Act in Section 11-74.4- 3 (q), as it may be amended from time to time as designated in Exhibit “E”. C. Disbursement From Redevelopment Assistance Fund. The City, pursuant to the terms and conditions of this Agreement shall provide Redevelopment Assistance from the City’s TIF IV Central/East Main Street Fund, to the extent of fund availability, to the Redeveloper for the eligible costs connected with the Project as set forth on Exhibit “E” attached hereto. Said disbursement shall be made at the completion of the project and after all required documentation has been provided to, and approved by, the City. D. Modification of Expenditures. The items set forth in Exhibit “E” to be funded from the Redevelopment Assistance Fund may be modified by increasing or decreasing the cost of a particular item by adding or deleting Page 12 of 29 items from the list provided, contingent upon those items being eligible costs. However, the total amount to be funded shall not exceed $156,106.92 (One Hundred Fifty-Six Thousand One Hundred Six Dollars and Ninety-Two Cents) and further, provided that any such modification shall conform to the requirements of subsection 8B and the requirements of this Agreement. The Redeveloper shall make a request for modification in writing to the City. If such modification conforms to the requirements of this Agreement, the City shall approve the proposed change and notify the Redeveloper in writing of its approval. E. Conditions Precedent to Disbursement. Prior to beginning the property renovations, unless waived by the City in writing, the Redeveloper will furnish to the City the following, all to be satisfactory in both form and substance to the City, which shall be conditions precedent to the City’s disbursement of funds from the Redevelopment Assistance Fund. Any item, the production of which has not been waived by the City, shall be furnished by the Redeveloper to the City as soon as reasonably available. 1. Evidence of funds available for completion of the Project. 2. Necessary and appropriate construction permits; 3. Satisfactory proof that policies of insurance of all types and coverages required under the term of this Agreement have been obtained and are in force; 4. Contracts and subcontracts covering the construction of the Project. 5. Labor, material, performance and payment bond or bonds issued by a Company acceptable to the City for any contractor, subcontractor or subcontractors, with the City named as dual obligee; 6. Upon completion of the Project, the Final Project Cost Analysis and documentation showing all actual Redevelopment Assistance costs of the Project; 7. Provide at the completion of the property renovations, proof that all contractors and subcontractors have been paid in full (lien waivers) and no liens have been filed on the Property and no outstanding claims for payment or bills for work performed exist on the Project or Property; F. Time for Payment of Requisitions. If the City shall so require, thirty (30) days shall intervene between the date of receiving the request of the Redevelopment Assistance payment and the date upon which the City shall be obligated to effect such payment, provided all conditions in this Agreement have been met to allow the release of payment by the City. Page 13 of 29 SECTION 9: CONSTRUCTION OF THE IMPROVEMENTS A. Commencement and Completion. Redeveloper shall cause the renovations of the Project to be commenced and to be prosecuted with due diligence and in good faith, and without delay. Redeveloper shall cause the Project to be constructed in a good and workmanlike manner in accordance with the Construction Plans and in all respects in compliance with all applicable laws, rules, permits, requirements and regulations of any governmental agency or authorities having or exercising jurisdiction over the Property or the Project and will not cause, permit, or allow any substantial deviation from the Construction Plans without prior written consent of the City. B. Contract Prohibitions. Unless otherwise previously agreed by the City in writing, all contracts let by Redeveloper or Redeveloper’s contractor in connection with construction of the Project shall contain a prohibition against any material change without the City’s prior written consent. SECTION 10: INSURANCE Prior to any disbursement from the Redevelopment Assistance Fund, Redeveloper or Redeveloper’s contractor shall procure and deliver to the City at Redeveloper’s or such contractor’s cost and expense, and shall maintain in full force and effect until each and every obligation contained herein has been fully paid, or performed, a policy or policies of comprehensive liability insurance and during any period of construction contractor’s liability insurance with liability coverage under the comprehensive liability insurance to be not less than $1,000,000 (One Million Dollars) each occurrence and $2,000,000 (Two Million Dollars) total. All such policies shall be in such form and issued by such companies as shall have been approved by the City to protect the City and Redeveloper against any liability incidental to the use of or resulting from any accident occurring in or about the Project. Each such policy shall contain an affirmative statement by the issuer thereunder to give written notice to the City at least 30 (thirty) days prior to any cancellation or amendment of its policy. SECTION 11: RIGHTS OF INSPECTION The City or its designee shall have the right at any time to enter upon the Property for the purposes of inspection and if the City in its judgment, determines that any work and materials are not in substantial conformity with the Construction Plans, as the same were theretofore approved in writing by the City, or with any applicable laws, regulations, permits, requirements or rules of Page 14 of 29 any governmental authority having or exercising jurisdiction thereover or not otherwise in conformity with sound building practices, the City shall have the right to stop the work and to order replacement or correction of any such work or materials regardless of whether or not such work or materials have theretofore been incorporated into the Project. Inspection by the City of the Property or the Project shall be for the sole purpose of protecting the security for the Redevelopment Assistance and shall not be construed as a representation by the City that there has been compliance with the Construction Plans or that the Project will be or are free of faulty materials or workmanship, or a waiver of any rights the City or any other party may have against Redeveloper or any other party for non-compliance with the Construction Plans. SECTION 12: PROHIBITIONS AGAINST ASSIGNMENT AND TRANSFER A. Representation as to Purpose. The Redeveloper represents and agrees that its redevelopment of the Redevelopment Site, and its other undertakings pursuant to this Agreement, are, and will be used, for the redevelopment of the Property only. B. Prohibition Against Transfer of Property and Assignment of Agreement. The Redeveloper represents and agrees for itself and its successors and assigns, that: 1. Prohibitions. Except only by way of security for a First Mortgage and only for the purpose of obtaining financing necessary to enable the Redeveloper or any successor in interest to the Redevelopment Site, or any part thereof, to perform its obligations with respect to the Project under this Agreement, the Redeveloper has not made or created, and it will not make or create, or suffer to be made or created, any total or partial sale, assignment, conveyance, or lease, or any trust or power, or transfer in any other mode or form of or with respect to the Agreement or the Property, or any part thereof or any interest therein, or any contract or agreement to do any of the same, except for utility easements, without prior written approval by the City. SECTION 13: EVENTS OF DEFAULT AND REMEDIES A. Events of Default. The following shall be Events of Default with respect to this Agreement: 1. If any material representation made by the Redeveloper in this Agreement, or in any certificate, notice, demand, or request made by the Redeveloper, in writing and Page 15 of 29 delivered to the City pursuant to or in connection with any of said documents shall prove to be untrue or incorrect in any material respect as of the date made; or 2. Default in the performance or breach of any covenant contained in this Agreement concerning the covenant of Redeveloper with regard to its existence and ownership of the Property; or 3. Default in the performance or breach of any other covenant, warranty or obligation of the Redeveloper in this Agreement and continuance of such default or breach for a period of 30 (thirty) days after Redeveloper has actual knowledge thereof; or 4. The entry of a decree or order for relief by a court having jurisdiction in the premises in respect of the Redeveloper in an involuntary case under the federal bankruptcy laws, as now or hereafter constituted, or any other applicable Federal or state bankruptcy, insolvency or other similar law, or appointing a receiver, liquidator, assignee, custodian, trustee, sequestrator (or similar official) of the Redeveloper for any substantial part of its property, or ordering the winding-up or liquidation of its affairs and the continuance of any such decree or order unstated and in effect for a period of 60 (sixty) consecutive days; or 5. The commencement by the Redeveloper of a voluntary case under the federal bankruptcy laws, as now or hereafter constituted, or any other applicable federal or state bankruptcy, insolvency or other similar law, or the consent by any such entity to the appointment of or taking possession by a receiver, liquidator, assignee, trustee, custodian, sequestrator (or other similar official) of the Redeveloper or of any substantial part of such entity’s property, or the making by any such entity of any assignment for the benefit of creditors or the failure of the Redeveloper generally to pay such entity’s debts as such debts become due or the taking of action by the Redeveloper in furtherance of any of the foregoing. B. Remedies on Default. 1. Except as otherwise provided in this Agreement, in the event of any default in or breach of this Agreement, or any of its terms or conditions, by either party hereto or any successors to such party, such party or successor, upon written notice from the other, shall take immediate action to cure or remedy such default or breach, and, in any event, within 60 (sixty) days after receipt of such notice. In case such action is not taken, or Page 16 of 29 not diligently pursued, or the default or breach shall not be cured or remedied within a reasonable time, the aggrieved party may institute such proceedings as may be necessary or desirable in its opinion to cure or remedy such default or breach, including but not limited to, proceedings to compel specific performance by the party in default or breach of its obligations. 2. In case the City shall have proceeded to enforce its rights under this Agreement and such proceedings shall have been discontinued or abandoned for any reason or shall have been determined adversely to the City, then and in every such case the Redeveloper and the City shall be restored respectively to their several positions and rights hereunder, and all rights, remedies and powers of the Redeveloper and the City shall continue as though no such proceedings had been taken. C. Agreement to Pay Attorney’s Fees and Expenses. In the event the Redeveloper should default under any of the provisions of this Agreement and the City should employ attorneys or incur other expenses for the collection of the payments due under this Agreement or the enforcement of performance or observance of any obligation or agreement on the part of the Redeveloper herein contained the Redeveloper agrees that it will on demand therefore pay to the City the reasonable fees of such attorneys and such other expenses so incurred by the City. In the event the City should default under any of the provisions of this Agreement and the Redeveloper should employ attorneys or incur other expenses for the collection of the payments due under this Agreement or the enforcement of performance or observance of any obligation or agreement on the part of the Redeveloper herein contained the City agrees that it will, on demand therefore, pay to the Redeveloper the reasonable fees of such attorneys and such other expenses so incurred by the Redeveloper. SECTION 14: OTHER RIGHTS AND REMEDIES OF CITY AND REDEVELOPER A. No Waiver By Delay. Any delay by the City or the Redeveloper in instituting or prosecuting any actions or proceedings or otherwise asserting its rights shall not serve to waive or to deprive it of or limit such rights in any way (it being the intent of this provision that the City or Redeveloper should not be constrained so as to avoid the risk of being deprived of or limited in the exercise of the remedy Page 17 of 29 provided in this Section because of concepts of waiver, laches or otherwise) to exercise such remedy at a time when it may still hope to otherwise resolve the problems created by default involved; nor shall any waiver in fact made by the City or Redeveloper with respect to any specific default by the Redeveloper or the City under this Section be considered or treated as a waiver of the rights of the City or the Redeveloper with respect to any other defaults by the Redeveloper, or the City under this Section or with respect to any defaults under any Section in this Agreement or with respect to the particular default, except to the extent specifically waived in writing by the City or the Redeveloper. B. Rights and Remedies Cumulative. The rights and remedies of the parties to this Agreement (or their successors in interest) whether provided by law or by this Agreement, shall be cumulative, and the exercise by either party of any one or more of such remedies shall not preclude the exercise by it, at the time or different time, of any such remedies for the same default or breach by the other party. No waiver made by either such party with respect to the performance, nor the manner of time thereof, or any obligation of the other party or any condition as to its own obligation under this Agreement shall be considered a waiver of any rights of the party making the waiver with respect to the particular obligation of the other party or condition to its own obligation beyond those expressly waived in writing and to the extent thereof, or a waiver in any respect in regard to any other rights of the party making the waiver or any other obligations of the other party. SECTION 15: DELAY IN PERFORMANCE For the purposes of any of the provisions of this Agreement except with regard to payment of real property taxes or guarantees as provided herein, neither the City, nor the Redeveloper, as the case may be, nor any successor in interest, shall be considered in breach of, or default in, its obligations with respect to the preparation of the Property for redevelopment, or the beginning and completion of construction of the Project, or progress in respect thereto, in the event of enforced delay in the performance of such obligations due to unforeseeable cause beyond its control and without its fault or negligence, including, but not restricted to acts of God, acts of the public enemy, acts of federal, state or local government, acts of the other party, fires, floods, epidemics, quarantine restrictions, strikes, embargoes, acts of nature, unusually severe weather or delays of subcontractors due to such causes; it being the purpose and intent of this provision that in the event of the occurrence of any such enforced delay, the time or times for performance Page 18 of 29 of the obligations of the City with respect to the preparation of the Property for Redevelopment or of the Redeveloper with respect to construction of the Project as the case may be, shall be extended for the period of the enforced delay. Provided, that the party seeking the benefit of the provisions of this Section, shall have first notified the other party thereof in writing, of the cause or causes thereof, and requested an extension of the period of enforced delay. Such extensions of schedule shall be agreed to in writing by the parties hereto. SECTION 16: EQUAL EMPLOYMENT OPPORTUNITY The Redeveloper, for itself and its successors and assigns, agrees that during the construction of the Project provided for in this Agreement that the following will apply: A. Non-Discrimination. The Redeveloper will not discriminate against any employee or applicant for employment on the basis of race, color, religion, sex, or national origin. The Redeveloper will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex or national origin. Such action shall include but not be limited to, the following: employment, upgrading, demotion, transfer, recruitment, recruitment advertising, layoff, termination, rates of pay or other forms of compensation, and selection for training, rates of pay or other forms of compensation, and selection for training, including apprenticeship. The Redeveloper agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the City setting forth the provisions of this non-discrimination clause. B. Advertising. The Redeveloper will, in all solicitations or advertisements for employees placed by or on behalf of the Redeveloper, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex or national origin or state the Redeveloper is an Equal Opportunity Employer and will include a display of the EOE logo in said advertisement. C. Non-Compliance. In the event of the Redeveloper’s final determination of non-compliance with the non- discrimination clauses of this Section, this Agreement may be canceled, terminated, or suspended in whole or in part, upon written notification to the Redeveloper of a sixty (60) day cure period to remedy the non-compliance issue to the satisfaction of the City. D. Mandatory Inclusion of Provisions. Page 19 of 29 The Redeveloper will include the provisions of Paragraphs “A” through “C” of this Section in every contract or purchase order and will require the inclusions of these provisions in every subcontract entered into by any of its contractors, unless exempted by rules, regulations, so that such provisions will be binding upon each such contractor, subcontractor, or vendor as the case may be. SECTION 17: TITLES OF ARTICLES AND SECTIONS Any titles of the several parts, Articles and Sections of this Agreement are inserted for convenience of reference only and shall be disregarded in construing or interpreting any of its provisions. SECTION 18: CONFLICT OF INTEREST No member, officer, or employee of the City or its designees or agents and no member of the governing body of the City during his or her tenure or for one year thereafter, shall have any interest, direct or indirect, in any contract or subcontract or the proceeds thereof, with respect to which this Agreement shall apply. SECTION 19: NOTICES All notices required and provided for in this Agreement shall be sent to the following parties on behalf of the City and the Redeveloper. To the City: City Manager City Hall 55 West Tompkins Street P.O. Box 1387 Galesburg, Illinois 61402-1387 with the copies to the City Attorney. To Redeveloper: Galesburg Symphony Society/Knox Galesburg Symphony Lucas D Wood 95 N Seminary St Galesburg, IL 61401 All notices shall run from the date received, and all notices shall be delivered by certified or registered mail. SECTION 20: COUNTERPARTS If the Agreement is executed in two or more counterparts, each shall constitute one and the same instrument and each shall be recognized as an original instrument. IN WITNESS WHEREOF, the parties hereto have executed this Agreement and caused their respective seals to be affixed and attested thereto as of the date first written above in this Agreement. Page 20 of 29 CITY: CITY OF GALESBURG, ILLINOIS A Municipal Corporation By: ______________________________ Peter Schwartzman, Mayor Attest: ______________________________ Kelli R. Bennewitz, City Clerk REDEVELOPER: Galesburg Symphony Society/Knox Galesburg Symphony By: ______________________________ Lucas D Wood Title: _Executive Director______________ Attest: ______________________________ Page 21 of 29 EXHIBIT “A” REDEVELOPMENT SITE LEGAL DESCRIPTION Lots 25 and 26 in Block 63 in the First Southern Addition to the City of Galesburg, Knox County, Illinois. COMMONLY KNOWN AS: 95 N Seminary Street, Galesburg, IL 61401 PROPERTY IDENTIFICATION NUMBER: 99-11-351-033 Page 22 of 29 EXHIBIT “B” ESTIMATED COSTS OF PROJECT 95 N Seminary Street Temporary Facilities & Controls $39,148.00 Final Cleaning $3,000.00 Cast-in-Place Concrete $2,081.00 Rough Carpentry $4,075.00 Finish Carpentry $2,495.00 Architectural Wood Casework $15,028.00 Fiberglass Reimforced Panels (FRP) Paneling $727.00 Hollow Metal & Wood Doors/Frames/Hardware $56,058.00 Gypsum board assemblies $161,084.00 Acoustical Tile Ceilings $9,680.00 Wall Tile $14,688.00 Flooring $61,528.00 Painting & Coating $18,687.00 Signage $187.00 Toilet Compartments $7,879.00 Toilet Accessories $5,849.00 Fire Extinguishers & Cabinets $1,209.00 Fire Suppression Systems $1,994.00 Plumbing Systems $36,400.00 HVAC Systems $192,200.00 Electrical Systems $103,810.00 Design contingency 2% $7,732.00 General Requirements, Insurance $128,745.00 Re-design allowance $8,434.00 Owner supplied acoustic doors $24,723.00 Project contingency 10% $88,271.80 Projected interest charges (bank note @ 3 yrs) $45,000.00 $1,040,712.80 Page 23 of 29 EXHIBIT “C” Tax Increment Redevelopment Project Area IV (Redevelopment Area) LEGAL DESCRIPTION COMMENCING AT THE APPARENT POINT OF INTERSECTION OF THE WEST RIGHT-OF-WAY OF SOUTH CEDAR STREET AND THE SOUTH RIGHT-OF-WAY LINE OF WEST SOUTH STREET; THENCE NORTHERLY ALONG SAID WEST RIGHT-OF-WAY LINE OF SOUTH CEDAR STREET TO THE POINT OF INTERSECTION WITH THE NORTH RIGHT-OF-WAY LINE OF WEST TOMPKINS STREET; THENCE EASTERLY ALONG THE NORTH RIGHT-OF-WAY LINE OF WEST TOMPKINS STREET TO THE WEST RIGHT- OF-WAY LINE OF SOUTH BROAD STREET; THENCE NORTHERLY ALONG THE WEST RIGHT-OF-WAY LINE OF SOUTH BROAD STREET TO THE SOUTH RIGHT-OF-WAY LINE OF WEST SIMMONS STREET; THENCE WESTERLY ALONG THE SOUTH RIGHT- OF-WAY LINE OF WEST SIMMONS STREET TO THE POINT OF INTERSECTION WITH THE WEST RIGHT-OF-WAY LINE OF SOUTH CEDAR STREET; THENCE NORTHERLY ALONG SAID SOUTH CEDAR STREET RIGHT-OF-WAY LINE TO THE POINT OF INTERSECTION WITH THE NORTH LINE OF LOT 12 IN BLOCK 23 OF THE ORIGINAL TOWN OF GALESBURG; THENCE WESTERLY ALONG THE NORTH LINE OF LOTS 7 THROUGH 12 IN BLOCK 23 OF THE ORIGINAL TOWN OF GALESBURG TO THE POINT OF INTERSECTION WITH THE EAST RIGHT-OF-WAY LINE OF SOUTH WEST STREET; THENCE SOUTHERLY ALONG SAID RIGHT-OF-WAY LINE TO THE POINT OF INTERSECTION WITH THE SOUTH RIGHT-OF-WAY LINE OF WEST SIMMONS STREET; THENCE WESTERLY ALONG SAID RIGHT-OF-WAY LINE TO THE POINT OF INTERSECTION WITH THE WEST RIGHT- OF-WAY LINE OF SOUTH ACADEMY STREET; THENCE NORTHERLY ALONG SAID RIGHT-OF-WAY TO THE POINT OF INTERSECTION WITH THE NORTH RIGHT-OF-WAY LINE OF WEST MAIN STREET; THENCE NORTHERLY ALONG SAID ACADEMY STREET RIGHT-OF-WAY TO THE POINT OF INTERSECTION WITH THE SOUTH LINE OF BLOCK 21 OF THE ORIGINAL TOWN OF GALESBURG EXTENDED; THENCE EASTERLY ALONG SAID EXTENDED SOUTH LINE OF BLOCK 21 TO THE POINT OF INTERSECTION WITH THE WEST RIGHT-OF-WAY LINE OF NORTH WEST STREET; THENCE NORTHERLY ALONG SAID- RIGHT-OF-WAY LINE TO THE SOUTH LINE OF LOT 14 OF BLOCK 21 OF THE ORIGINAL TOWN OF GALESBURG; THENCE WESTERLY ALONG THE SOUTH LINE OF LOT 14 AND LOTS 3 THROUGH 6 OF BLOCK 21 OF THE ORIGINAL TOWN OF GALESBURG EXTENDED TO THE POINT OF INTERSECTION WITH THE WEST RIGHT-OF-WAY LINE OF NORTH ACADEMY STREET; THENCE NORTHERLY ALONG SAID RIGHT-OF-WAY LINE TO THE POINT OF INTERSECTION WITH THE NORTHERLY RIGHT-OF-WAY LINE OF THE BNSF RAILWAY; THENCE SOUTHWESTERLY ALONG SAID RIGHT-OF-WAY LINE TO THE POINT OF INTERSECTION WITH THE EXTENDED WEST RIGHT-OF-WAY LINE OF CEDAR AVENUE; THENCE NORTHERLY ALONG SAID RIGHT-WAY TO THE POINT OF INTERSECTION WITH THE SOUTH LINE OF LOT 5 OF FANITA F. WELSH'S SUBDIVISION EXTENDED TO THE WEST; THENCE EASTERLY ALONG SAID EXTENDED SOUTH LINE TO SOUTHEAST CORNER OF SAID LOT; THENCE NORTHERLY ALONG THE EAST LINE OF SAID LOT 5 TO THE POINT OF INTERSECTION WITH THE EXTENDED NORTH RIGHT-OF-WAY LINE OF WEST WATER STREET; THENCE EASTERLY ALONG THE EXTENDED NORTH RIGHT-OF-WAY LINE OF WEST WATER STREET TO THE SOUTHWEST CORNER OF LOT 12 OF A SUBDIVISION OF ORIGINAL LOTS 5, 6, 7 AND 8 OF BLOCK 7 OF ORIGINAL PLAT OF GALESBURG AS RECORDED IN A REVENUE PLAT OF 1904; THENCE NORTHERLY ALONG THE WEST LINE OF SAID LOT 12 TO THE SOUTHEAST CORNER OF LOT 13 OF A SUBDIVISION OF ORIGINAL LOTS 5, 6, 7 AND 8 OF BLOCK 7 OF ORIGINAL PLAT OF GALESBURG AS RECORDED IN A REVENUE PLAT OF 1904; THENCE EASTERLY ALONG THE SOUTH LINE OF SAID LOT 13 3 RODS; THENCE NORTHERLY 3 RODS TO A POINT ON THE NORTH LINE OF SAID LOT 12 3 RODS EAST OF EAST LINE OF SAID LOT 13; THENCE EASTERLY ALONG THE NORTH LINE OF LOTS 12 AND 11 OF A SUBDIVISION OF ORIGINAL LOTS 5, 6, 7 AND 8 OF BLOCK 7 OF ORIGINAL PLAT OF GALESBURG TO THE POINT OF INTERSECTION WITH THE WEST RIGHT-OF-WAY LINE OF NORTH WEST STREET; THENCE NORTHERLY ALONG THE EXTENDED WEST RIGHT-OF-WAY LINE OF NORTH WEST STREET TO THE POINT OF INTERSECTION WITH THE NORTH RIGHT-OF-WAY LINE OF WEST NORTH STREET; THENCE EASTERLY ALONG THE NORTH RIGHT-OF-WAY LINE OF NORTH STREET TO THE POINT OF INTERSECTION WITH THE SOUTH LINE OF THE SANITARY DISTRICT CHANNEL; THENCE NORTHEASTERLY ALONG SAID LINE OF THE SANITARY CHANNEL TO THE WEST RIGHT-OF-WAY LINE OF NORTH SEMINARY STREET; THENCE NORTHEASTERLY TO THE SOUTHWEST CORNER OF BLOCK 1 OF PECK & WOODS ADDITION TO THE TOWN OF GALESBURG; THENCE EASTERLY ALONG THE SOUTH LINE OF BLOCK 1 OF PECK & WOODS ADDITION TO THE POINT OF INTERSECTION WITH THE SOUTH LINE OF THE GALESBURG SANITARY DISTRICT CHANNEL; THENCE EASTERLY ALONG SAID CHANNEL EXTENDED TO THE POINT OF INTERSECTION WITH THE EAST RIGHT-OF-WAY LINE OF NORTH CHAMBERS STREET; THENCE SOUTHERLY ALONG SAID RIGHT-OF-WAY TO THE SOUTHWEST CORNER OF LOT 12 OF THE SUBDIVISION OF LOTS 1 AND 11 THROUGH 18 OF J. S. CHAMBER'S SUBDIVISION OF LOTS 1, 3, 4 AND 5 OF BLOCK 1 OF MATTHEW CHAMBER'S ADDITION TO THE CITY OF GALESBURG; THENCE EASTERLY ALONG THE SOUTH LINE OF SAID LOT 12 TO THE Page 24 of 29 SOUTHEAST CORNER OF LOT 12; THENCE NORTHERLY ALONG THE EAST LINE OF SAID LOT 12 TO THE NORTHEAST CORNER OF SAID LOT 12; THENCE EASTERLY ALONG THE SOUTH LINE OF LOT 2 OF BLOCK 1 OF MATTHEW CHAMBER'S ADDITION TO GALESBURG TO THE SOUTHEAST CORNER OF SAID LOT 2; THENCE SOUTHERLY ALONG THE WEST LINE OF LOT 21 OF PAYNE'S ADDITION TO GALESBURG TO THE SOUTHWEST CORNER OF SAID LOT 21; THENCE EASTERLY ALONG THE SOUTH LINE OF SAID LOT 21 EXTENDED TO THE POINT OF INTERSECTION WITH THE EAST RIGHT-OF-WAY LINE OF SUMNER STREET; THENCE NORTHERLY ALONG SAID RIGHT-OF-WAY LINE TO THE SOUTHWEST CORNER OF LOT 29 OF THE SUBDIVISION OF 1898 OF ORIGINAL LOTS 1 THROUGH 4 OF PAYNE'S ADDITION TO THE CITY OF GALESBURG; THENCE EASTERLY ALONG THE SOUTH LINE OF SAID LOT 29 TO THE SOUTHEAST CORNER OF LOT 29; THENCE NORTHERLY ALONG EAST LINE OF LOT 29 TO THE SOUTHWEST CORNER OF LOT 7 OF THE SUBDIVISION OF LOTS 7, 8, 9, 10 AND 19 OF GREEN & MCCOY'S ADDITION; THENCE EASTERLY ALONG THE SOUTH LINE OF SAID LOT 7 EXTENDED TO THE POINT OF INTERSECTION WITH THE WEST RIGHT-OF-WAY LINE OF THE BNSF RAILWAY; THENCE NORTHEASTERLY ALONG SAID RIGHT-OF-WAY TO THE POINT OF INTERSECTION WITH THE EXTENDED SOUTH LINE OF LOT 40 OF A SUBDIVISION OF LOTS 14 & 18 OF 10 ACRE LOT 4 AND LOT 21 OF 10 ACRE LOT 5 OF ARNOLD'S SUBDIVISION OF 10 ACRE LOT 5 AND LOT 7 OF 10 ACRE LOT 4 OF ORIGINAL PLAT OF GALESBURG; THENCE EASTERLY ALONG SAID EXTENDED SOUTH LINE TO THE POINT OF INTERSECTION WITH THE EAST LINE OF ARNOLD'S SUBDIVISION OF 10 ACRE LOT 5; THENCE NORTHERLY ALONG SAID EAST LINE TO THE SOUTHWEST CORNER OF LOT 22 OF ARNOLD'S SUBDIVISION OF 10 ACRE LOT 5; THENCE EASTERLY ALONG SAID SOUTH LINE TO THE POINT OF INTERSECTION WITH THE WEST RIGHT-OF-WAY LINE OF LINCOLN STREET; THENCE SOUTHERLY ALONG THE WEST RIGHT-OF-WAY LINE OF LINCOLN STREET TO THE SOUTHEAST CORNER OF LOT 29 OF ARNOLD'S SUBDIVISION OF 10 ACRE LOT 5; THENCE EASTERLY ALONG THE EXTENDED SOUTH LINE OF LOT 5 OF ARNOLD'S SUBDIVSION OF 10 ACRE LOT 5 TO THE SOUTHEAST CORNER OF SAID LOT 5; THENCE SOUTHERLY ALONG THE WEST LINE OF LOT 13 OF BURGLAND AND JOHNSON'S SUBDIVISION TO THE SOUTHWEST CORNER OF SAID LOT 13; THENCE EASTERLY ALONG THE SOUTH LINE OF SAID LOT 13 EXTENDED TO THE POINT OF INTERSECTION WITH THE EAST RIGHT-OF-WAY LINE OF FULTON STREET; THENCE SOUTHERLY ALONG SAID RIGHT-OF-WAY TO THE POINT OF INTERSECTION WITH THE NORTH RIGHT-OF-WAY LINE OF EAST MAIN STREET; THENCE EASTERLY ALONG SAID RIGHT-OF- WAY LINE TO THE SOUTHEAST CORNER OF LOT 34 OF SCRIPP'S SUBDIVISION; THENCE NORTHERLY ALONG THE EAST LINE OF SAID LOT 34 OF SAID SUBDIVISION TO THE NORTHWEST CORNER OF LOT 33 OF SAID SUBDIVISION; THENCE EASTERLY ALONG THE NORTH LINE OF SAID LOT 33 OF SAID SUBDIVISION TO THE SOUTHEAST CORNER OF LOT 35 OF SAID SUBDIVISION; THENCE NORTHERLY ALONG THE EAST LINE OF SAID LOT 35 OF SAID SUBDIVISION TO THE NORTHEAST CORNER OF LOT 35 OF SAID SUBDIVISION; THENCE EASTERLY ALONG THE EXTENDED SOUTH LINE OF LOT 29 OF SCRIPP'S SUBDIVISION TO THE WEST RIGHT-OF-WAY LINE OF NORTH WHITESBORO STREET; THENCE NORTHERLY ALONG SAID RIGHT-OF-WAY LINE TO THE POINT OF INTERSECTION WITH THE EXTENDED NORTH LINE OF THE SUBDIVISION OF LOTS 3, 4 AND 5 BLOCK 1 OF CAMPBELL'S ADDITION; THENCE EASTERLY ALONG SAID EXTENDED NORTH LINE TO THE WEST LINE OF SUMMIT ADDITION; THENCE NORTHERLY 1 ROD ALONG THE WEST LINE OF SUMMIT ADDITION TO THE NORTHWEST CORNER OF LOT 1 OF SUMMIT ADDITION; THENCE EASTERLY ALONG THE NORTH LINE OF SAID LOT 1 TO THE NORTHEAST CORNER OF SAID LOT 1; THENCE SOUTHERLY 1 ROD TO THE NORTHWEST CORNER OF LOT 2 OF SUMMIT ADDITION; THENCE EASTERLY ALONG THE NORTH LINE OF SAID LOT 2 TO THE NORTHWEST CORNER OF LOT 9 OF SUMMIT ADDITION; THENCE SOUTHERLY ALONG THE WEST LINE OF SAID LOT 9 TO THE SOUTHWEST CORNER OF LOT 9; THENCE EASTERLY ALONG THE SOUTH LINE OF LOT 9 EXTENDED TO THE NORTHWEST CORNER OF LOT 19 OF THE RESUBDIVISION OF ORIGINAL LOTS 1, 2 & 3 OF BLOCK 2 OF SUMMIT ADDITION AS RECORDED IN A REVENUE PLAT OF 1904; THENCE EASTERLY ALONG THE NORTH LINE OF SAID LOT 19 TO THE NORTHEAST CORNER OF LOT 19; THENCE SOUTHERLY TO THE SOUTHWEST CORNER OF LOT 7 OF THE RESUBDIVISION OF BLOCK 2 OF THE SUMMIT ADDITION; THENCE EASTERLY ALONG THE SOUTH LINE OF SAID LOT 7 EXTENDED TO THE POINT OF INTERSECTION WITH THE EAST RIGHT-OF-WAY LINE OF ARNOLD STREET; THENCE EASTERLY ALONG THE EXTENDED SOUTH LINE OF LOT 7 OF M. J. KITCHELL'S SUBDIVISION TO THE WEST RIGHT-OF-WAYLINE OF NORTH FARNHAM STREET; THENCE NORTHERLY ALONG SAID RIGHT-OF-WAY TO THE POINT OF INTERSECTION WITH THE EXTENDED NORTH LINE OF LOT 7 OF BLOCK 1 OF OLOF HAWKINSON'S ADDITION; THENCE EASTERLY ALONG THE EXTENDED NORTH LINE OF LOTS 7 AND 8 IN BLOCKS 1, 2 AND 3 AND LOT 4 IN BLOCK 4 OF OLOF HAWKINSON'S ADDITION TO THE POINT OF INTERSECTION WITH THE EAST LINE OF OLOF HAWKINSON'S ADDITION; THENCE EASTERLY ALONG THE EXTENDED NORTH LINE OF LOT 4 IN BLOCK 4 AND LOT 27 IN BLOCK 3 OF THE WASHINGTON ADDITION TO THE NORTHEAST CORNER OF SAID LOT 27; THENCE SOUTHERLY ALONG THE EAST LINES OF LOTS 27 AND 28 OF BLOCK 3 OF THE WASHINGTON ADDITION TO THE SOUTHEAST CORNER OF LOT 28; THENCE WESTERLY ALONG THE SOUTH LINE OF SAID LOT 28 EXTENDED TO THE POINT OF INTERSECTION WITH THE WEST RIGHT-OF-WAY LINE OF CHESTNUT STREET; THENCE SOUTHERLY ALONG SAID RIGHT-OF-WAY LINE TO THE POINT OF INTERSECTION WITH THE NORTH RIGHT-OF-WAY LINE OF EAST MAIN STREET; THENCE WESTERLY ALONG SAID NORTH RIGHT-OF-WAY OF EAST Page 25 of 29 MAIN STREET TO THE POINT OF INTERSECTION WITH THE EXTENDED EAST LINE OF LOT 4 IN BLOCK 5 OF THE FACTORY ADDITION; THENCE SOUTHERLY ALONG THE EXTENDED EAST LINE OF LOTS 4 AND 9 OF BLOCK 5 OF FACTORY ADDITION TO THE POINT OF INTERSECTION WITH THE SOUTH RIGHT-OF-WAY LINE OF WASHINGTON STREET; THENCE WESTERLY ALONG SAID SOUTH RIGHT-OF-WAY LINE TO THE POINT OF INTERSECTION WITH THE WEST RIGHT-OF-WAY LINE OF ILLINOIS AVENUE; THENCE NORTHERLY ALONG SAID WEST RIGHT-OF-WAY LINE TO THE SOUTHEAST CORNER OF LOT 7 IN BLOCK 1 OF N. T. ALLEN'S SUBDIVISION; THENCE WESTERLY ALONG THE EXTENDED SOUTH LINE OF LOTS 6 AND 7 IN BLOCKS 1 AND 2 OF N. T. ALLEN'S SUBDIVISION TO THE POINT OF INTERSECTION WITH THE WEST RIGHT-OF-WAY LINE OF SOUTH FARNHAM STREET; THENCE NORTHERLY ALONG SAID RIGHT-OF-WAY LINE TO THE SOUTHEAST CORNER OF LOT 1 IN BLOCK 1 OF THE RESUBDIVISION OF BLOCKS 1, 2, 3 AND 4 OF THE HAYNER'S ADDITION; THENCE WESTERLY ALONG THE EXTENDED SOUTH LINE OF LOTS 1 THROUGH 9 IN BLOCK 1 AND LOTS 1 THROUGH 6 OF BLOCK 2 TO THE SOUTHWEST CORNER OF LOT 6 IN BLOCK 2 OF SAID RESUBDIVISION OF HAYNER'S ADDITION; THENCE NORTHERLY 55 FEET ALONG THE WEST LINE OF LOT 6 IN BLOCK 2 OF THE RESUBDIVISION OF BLOCKS 1, 2, 3 AND 4 OF HAYNER'S ADDITION; THENCE WESTERLY TO THE EAST LINE OF SAID LOT 7 TO A POINT 55 FEET NORTH OF THE SOUTH LINE OF LOT 7; THENCE SOUTHERLY 5 FEET ALONG THE WEST LINE OF SAID LOT 7 TO A POINT 50 FEET NORTH OF THE SOUTH LINE OF SAID LOT 7; THENCE WESTERLY TO A POINT ON THE EAST RIGHT-OF-WAY LINE OF LOCUST STREET 50 FEET NORTH OF THE SOUTHWEST CORNER OF LOT 9 IN BLOCK 2 OF SAID RESUBDIVISION OF HAYNER'S ADDITION; THENCE SOUTHERLY ALONG SAID RIGHT-OF-WAY LINE TO THE SOUTHWEST CORNER OF SAID LOT 9; THENCE WESTERLY ALONG THE EXTENDED SOUTH LINES OF LOTS 1-5 IN BLOCK 1 OF FROST'S ADDITION AND LOT 23 OF THE REVENUE PLAT OF 1904 OF A SUBDIVISION OF ORIGINAL LOTS 1, 2, 3, 5, 6, 7, 8, 9 & 12 OF BLOCK 2 OF FROST'S ADDITION TO THE SOUTHWEST CORNER OF SAID LOT 23; THENCE NORTHERLY ALONG THE WEST LINE OF SAID LOT 23 TO THE POINT OF INTERSECTION WITH THE SOUTH RIGHT-OF-WAY LINE OF EAST MAIN STREET; THENCE WESTERLY ALONG SAID SOUTH RIGHT-OF-WAY LINE TO THE POINT OF INTERSECTION WITH THE WEST LINE OF LOT 27 OF SAID REVENUE PLAT OF 1904; THENCE SOUTHERLY ALONG SAID WEST LINE OF LOT 27 TO THE POINT OF INTERSECTION WITH THE SOUTH LINE OF SAID LOT; THENCE EASTERLY ALONG THE SOUTH LINE OF SAID LOT 27 TO THE NORTHERNMOST CORNER OF LOT 14 OF BLOCK 2 OF FROST'S ADDITION; THENCE SOUTHWESTERLY ALONG THE NORTHWEST LINE OF SAID LOT 14 EXTENDED TO THE POINT OF INTERSECTION WITH THE SOUTH RIGHT-OF-WAY LINE OF GRAND AVENUE; THENCE NORTHWESTERLY ALONG SAID RIGHT-OF-WAY TO THE NORTHERNMOST CORNER OF LOT 4 IN BLOCK 3 OF FROST'S ADDITION; THENCE SOUTHWESTERLY ALONG THE NORTHWEST LINE OF SAID LOT 4 TO THE WESTERNMOST CORNER OF SAID LOT 4; THENCE SOUTHEASTERLY ALONG THE SOUTHWEST LINE OF SAID LOT 4 TO THE POINT OF INTERSECTION WITH THE NORTH LINE OF LOT 13 IN BLOCK 3 OF FROST'S ADDITION; THENCE WESTERLY ALONG THE NORTH LINE OF LOTS 13 AND 14 IN BLOCK 3 OF FROST'S ADDITION TO THE EAST RIGHT-OF-WAY LINE OF PINE STREET; THENCE SOUTHERLY ALONG SAID RIGHT-OF-WAY TO THE POINT OF INTERSECTION WITH THE EXTENDED CENTERLINE OF THE VACATED ALLEY IN THE SUBDIVISION OF THE SOUTH HALF OF ORIGINAL 5 ACRE LOT 6; THENCE WESTERLY ALONG THE SAID EXTENDED CENTERLINE OF THE VACATED ALLEY TO THE POINT OF INTERSECTION WITH THE WEST LINE OF LOT 1 IN THE SUBDIVISION OF THE SOUTH HALF OF ORIGINAL 5 ACRE LOT 6; THENCE NORTHERLY ALONG THE WEST LINE OF LOTS 1 AND 10 IN SAID SUBDIVISION TO THE NORTHEAST CORNER OF LOT 6 IN THE RESUBDIVISION OF ORIGINAL 5 ACRE LOTS 5 AND 6 OF THE ORIGINAL PLAT OF GALESBURG; THENCE WESTERLY ALONG THE NORTH LINE OF LOTS 2 THROUGH 6 OF SAID RESUBDIVISION TO THE NORTHWEST CORNER OF LOT 2; THENCE NORTHERLY ALONG THE WEST LINE OF SAID RESUBDIVISION TO A POINT 18 FEET NORTH OF THE SOUTH LINE OF LOT 4 IN BLOCK 4 OF SHELDON ALLEN'S SUBDIVISION OF ORIGINAL 5 ACRE LOTS 3 AND 4; THENCE WESTERLY ALONG A LINE 18 FEET NORTH OF THE SOUTH LINE OF SAID LOT 4 TO THE POINT OF INTERSECTION WITH THE EAST RIGHT-OF-WAY LINE OF ALLENS AVENUE; THENCE SOUTHERLY ALONG SAID RIGHT-OF-WAY LINE TO THE POINT OF INTERSECTION WITH THE SOUTH RIGHT-OF-WAY LINE OF MULBERRY STREET; THENCE WESTERLY ALONG SAID SOUTH RIGHT-OF-WAY LINE TO THE POINT OF INTERSECTION WITH THE EAST RIGHT-OF-WAY LINE OF COTTAGE AVENUE; THENCE SOUTHERLY ALONG SAID RIGHT-OF-WAY LINE TO THE POINT OF INTERSECTION WITH THE SOUTH RIGHT-OF- WAY LINE OF EAST SOUTH STREET; THENCE WESTERLY ALONG THE SOUTH RIGHT-OF-WAY LINE OF EAST SOUTH STREET TO THE POINT OF INTERSECTION WITH THE WEST RIGHT-OF-WAY LINE OF SOUTH KELLOGG STREET; THENCE NORTHERLY ALONG SAID WEST RIGHT-OF-WAY TO A POINT 116.1 FEET SOUTH OF THE SOUTH RIGHT-OF-WAY LINE OF E SIMMONS STREET; THENCE WESTERLY 65 TO THE POINT OF INTERSECTION WITH THE EXTENDED EAST LINE OF C. L. BROWN'S SUBDIVISION; THENCE NORTHERLY ALONG SAID EXTENDED EAST LINE TO THE SOUTHEAST CORNER OF LOT 3 IN C. L. BROWN'S SUBDIVISION; THENCE WESTERLY ALONG THE SOUTH LINE OF C. L. BROWN'S SUBDIVISION TO THE SOUTHWEST CORNER OF SAID SUBDIVISION; THENCE WESTERLY ALONG THE SOUTH LINE OF THE CUSTER-COX RESUBDIVISION TO THE SOUTHWEST CORNER OF SAID RESUBDIVISION; THENCE WESTERLY ALONG THE SOUTH LINE OF LOTS 2 AND 3 IN THE SUBDIVISION OF BLOCK 30 OF THE ORIGNAL PLAT OF GALESBURG EXTENDED TO THE POINT OF Page 26 of 29 INTERSECTION WITH THE WEST RIGHT-OF-WAY LINE OF SOUTH PRAIRIE STREET; THENCE NORTHERLY ALONG SAID RIGHT-OF-WAY TO THE POINT OF INTERSECTION WITH THE SOUTH RIGHT-OF-WAY LINE OF EAST SIMMONS STREET; THENCE WESTERLY ALONG SAID RIGHT-OF-WAY TO THE NORTHEAST CORNER OF LOT 3 OF BLOCK 31 IN THE ORIGINAL PLAT OF GALESBURG; THENCE SOUTHERLY ALONG THE EAST LINE OF LOT 3 EXTENDED TO THE NORTHWEST CORNER OF LOT 17 OF THE RESUBDIVISION OF THE NORTH 1/3 OF ORIGINAL LOTS 9 AND 10, THE SOUTH 12 FEET OF ORIGINAL LOTS 1 AND 2 AND THE SOUTH 3 FEET OF ORIGINAL LOT 3 IN BLOCK 31 OF THE ORIGINAL TOWN; THENCE 10 FEET WEST PERPENDICULAR TO THE WEST LINE OF SAID LOT 17; THENCE 26.5 FEET SOUTH TO A POINT ON THE SOUTH LINE OF LOT 20 OF SAID RESUBDIVISION; THENCE WESTERLY ALONG THE SOUTH LINE OF LOT 20 TO THE NORTHWEST CORNER OF LOT 10 IN SAID RESUBDIVISION; THENCE SOUTHERLY ALONG THE WEST LINE OF LOTS 10 AND 11 OF SAID RESUBDIVISION TO THE POINT OF INTERSECTION WITH THE NORTH RIGHT-OF-WAY LINE OF E TOMPKINS STREET; THENCE WESTERLY 15 FEET ALONG SAID NORTH RIGHT-OF-WAY LINE; THENCE NORTH 95 FEET PERPENDICULAR TO THE NORTH RIGHT-OF-WAY OF EAST TOMPKINS STREET; THENCE WEST 60 FEET; THENCE NORTH 28.75 FEET; THENCE WEST 123 FEET TO THE EAST RIGHT-OF-WAY LINE OF SOUTH CHERRY STREET; THENCE SOUTHERLY ALONG THE EAST RIGHT-OF-WAY LINE OF SOUTH CHERRY STREET TO THE POINT OF INTERSECTION WITH THE SOUTH RIGHT-OF-WAY LINE OF EAST SOUTH STREET; THENCE WESTERLY ALONG SAID SOUTH RIGHT-OF-WAY TO THE POINT OF BEGINNING; EXCLUDING AN AREA MORE PARTICULARLY DESCRIBED AS A TRACT OF LAND COMMENCING AT THE POINT OF INTERSECTION OF THE NORTH RIGHT- OF-WAY LINE OF EAST MAIN STREET AND THE WEST RIGHT-OF-WAY LINE OF NORTH KELLOGG STREET WHICH IS THE POINT OF BEGINNING; THENCE EASTERLY ALONG THE NORTH RIGHT-OF-WAY LINE OF EAST MAIN STREET TO THE POINT OF INTERSECTION WITH THE EAST RIGHT-OF-WAY LINE OF SOUTH CHAMBERS STREET; THENCE SOUTHERLY ALONG SAID CHAMBERS STREET RIGHT-OF-WAY TO THE POINT OF INTERSECTION WITH THE SOUTH RIGHT-OF-WAY LINE OF MULBERRY STREET; THENCE WESTERLY ALONG SAID MULBERRY STREET RIGHT-OF-WAY TO THE POINT OF INTERSECTION WITH THE WEST RIGHT-OF-WAY LINE OF SOUTH SEMINARY STREET; THENCE NORTHERLY ALONG SAID RIGHT-OF-WAY LINE TO THE SOUTH RIGHT-OF-WAY LINE OF EAST SIMMONS STREET; THENCE WESTERLY ALONG SAID SIMMONS STREET RIGHT-OF-WAY TO THE POINT OF INTERSECTION WITH THE WEST RIGHT-OF-WAY LINE OF SOUTH KELLOGG STREET; THENCE NORTHERLY ALONG SAID RIGHT-OF-WAY LINE TO THE POINT OF BEGINNING; ALSO EXCLUDING LOTS 3 THROUGH 10, 27 AND 29 THROUGH 31 OF THE SUBDIVISION OF BLOCK 17 OF THE CITY OF GALESBURG; INCLUDING AN AREA MORE PARTICULARLY DESCRIBED AS A TRACT OF LAND BEGINNING AT THE INTERSECTION OF THE SOUTH RIGHT-OF-WAY OF MULBERRY STREET AND THE WEST RIGHT-OF-WAY LINE OF SEMINARY STREET; THENCE NORTH ALONG THE WEST RIGHT- OF-WAY LINE OF SEMINARY STREET TO THE POINT OF INTERSECTION WITH THE NORTH LINE OF THE SOUTH 4 RODS OF THE WEST 8 RODS OF LOT 14 IN THE SUBDIVISION OF BLOCK 62 AND THAT LINE EXTENED; THENCE EAST ALONG THE NORTH LINE OF THE SOUTH 4 RODS OF THE WEST 8 RODS OF LOT 14 IN THE SUBDIVISION OF BLOCK 62 AND THAT LINE EXTENDED TO THE EAST LINE OF THE SOUTH 4 RODS OF THE WEST 8 RODS OF LOT 14 IN THE SUBDIVISION OF BLOCK 62; THENCE SOUTH ALONG THE EAST LINE OF THE SOUTH 4 RODS OF THE WEST 8 RODS OF LOT 14 IN THE SUBDIVISION OF BLOCK 62 TO THE POINT OF INTERSECTION WITH THE NORTH RIGHT-OF-WAY LINE OF MULBERRY STREET; THENCE EAST ALONG THE NORTH RIGHT-OF-WAY LINE OF MULBERRY STREET TO THE WEST LINE OF LOT 15 OF THE SUBDIVISION OF BLOCK 62; THENCE NORTH ALONG THE WEST LINE OF LOT 15 TO THE NORTHERLY LINE OF LOT 15; THENCE EASTERLY ALONG THE NORTHERLY LINE OF LOT 15 TO THE WEST LINE OF LOT 16 IN THE SUBDIVISION OF BLOCK 62; THENCE NORTH ALONG THE WEST LINE OF LOT 16 TO THE NORTH LINE OF LOT 16; THENCE EAST ALONG THE NORTH LINE OF LOT 16 TO THE EAST LINE OF LOT 16; THENCE SOUTH ALONG THE EAST LINE OF LOT 16 AND THAT LINE EXTENDED TO THE POINT OF INTERSECTION WITH THE SOUTH RIGHT-OF-WAY LINE OF MULBERRY STREET; THENCE WEST ALONG THE SOUTH RIGHT-OF-WAY LINE OF MULBERRY STREET TO THE POINT OF INTERSECTION WITH THE WEST RIGHT-OF-WAY LINE OF SEMINARY STREET, SAID POINT BEING THE POINT OF BEGINNING; SAID TRACT CONTAINING 288.6 ACRES MORE OR LESS ALL BEING SITUATED IN THE CITY OF GALESBURG, KNOX COUNTY, ILLINOIS. Page 27 of 29 EXHIBIT “D” PROJECT DESCRIPTION 95 N Seminary Street Phase 1 renovation of 95 N Seminary Street includes a total renovation of approximately 3,800 square feet. This work addresses ADA accessibility and will allow us to create teaching, practice, rehearsal, educational, multipurpose, and administrative spaces that are flexible and adaptable to our needs and those of the community. The building is an excellent downtown location. The building has, since construction in the 1930s, never sat vacant – the primary factor of the building’s sound state. The entire layout of the first floor (basement and second floor will be part of future phase work and not open to the public at this time) will be renoavted to include highly sound attenuated teaching and practice studios for private lesson and individual practice; a dedicated piano instruction studio; a flex classroom/rehearsal space that can be used to youth music programs, mid-scale rehearsals, meetings, and group classes; a multifunction space that has been structurally engineered to be suitable for small recital performances (audiences of around 40 people), larger group rehearsals, common lounge space, and meeting and event space for Symphony and public use; a no-cost snack bar for the public; and two administrative/workshare office spaces. From the beginning we wanted to create a space that was welcoming and inclusive and collaborative – a place that other music organizations (such as Nova Singers, Galesburg Community Chorus, etc) could use to establish a more visible presence in the community. Overall finish levels of the project will be mid-range: creating an atmosphere that is comfortable enough for kids to feel welcome while also suitable for chamber music and donor events. This is being accomplished by combining LVP wood-look flooring and colorful carpet tiles that integrate into our brand identity of yellows, purples, teals, and warm colors. Creating a space that will be contemporary but not trendy. This is a project for the long haul, not something we will re-renovate in 10 years. Ceilings will be a combination of acoustic tiles in offices and corridors, partial open, painted bean structure in the multipurpose room, and gypsum surfaces in the teaching spaces (for sound attenuation). The space will be warm, colorful, and inviting with a sense of approachable elegance that encourages people to come in, sit, feel, and experience classical music. The expected completion date of the entire façade project is December 31, 2022. The Tax Increment Financing funding will be utilized to assist with redevelopment expenses. A benefit to the public is that this project is taking an underutilized downtown building that will be completely renovated into a place that the orchestra will be able to broaden access to cultural offerings by bringing their music to more, and more diverse, communities. The more an orchestra can be part of civic life, the more a community takes pride in and ownership of the role the orchestra plays in their life. The Galesburg Symphony is re-imagining their role as a community partner and adapting these values at their core. Page 28 of 29 EXHIBIT “E” REDEVELOPER ASSISTANCE COSTS TAX INCREMENT FINANCING DEVELOPER ELIGIBLE PROJECT COSTS Developer: Galesburg Symphony Society/Knox Galesburg Symphony Project: Renovation project Address: 95 N Seminary Street Galesburg, IL 61401 Temporary Facilities & Controls $39,148.00 Final Cleaning $3,000.00 Cast-in-Place Concrete $2,081.00 Rough Carpentry $4,075.00 Finish Carpentry $2,495.00 Architectural Wood Casework $15,028.00 Fiberglass Reimforced Panels (FRP) Paneling $727.00 Hollow Metal & Wood Doors/Frames/Hardware $56,058.00 Gypsum board assemblies $161,084.00 Acoustical Tile Ceilings $9,680.00 Wall Tile $14,688.00 Flooring $61,528.00 Painting & Coating $18,687.00 Signage $187.00 Toilet Compartments $7,879.00 Toilet Accessories $5,849.00 Fire Extinguishers & Cabinets $1,209.00 Fire Suppression Systems $1,994.00 Plumbing Systems $36,400.00 HVAC Systems $192,200.00 Electrical Systems $103,810.00 Design contingency 2% $7,732.00 General Requirements, Insurance $128,745.00 Re-design allowance $8,434.00 Owner supplied acoustic doors $24,723.00 Project contingency 10% $88,271.80 Projected interest charges (bank note @ 3 yrs) $45,000.00 $1,040,712.80 Page 29 of 29 Galesburg Symphony Society/Knox Galesburg Symphony Request for Reimbursement for Costs Incurred 95 N Seminary Street Date of Request: Request #: Detailed list of redevelopment activities which have been completed since last request for reimbursement. Description of Activity Paid To Costs Incurred TOTAL COSTS INCURRED: $ Attached are invoices which support the costs identified for the above-listed activities. I certify that the costs identified above have been incurred for this project. (typed name) City authorization for payment: ___________________________ Date Authorized: ___________________________ ___________________________________________________________________________________________________________________________________________________________________________________________ Prepared by: EH Page 1 of 2 COUNCIL LETTER CITY OF GALESBURG JUNE 20, 2022 AGENDA ITEM: Consider moving forward with the demolition process on properties located at 701 N Prairie St. (residence & detached garage), 213 Pine St. (residence), 1169 Lombard St. (garage), 1145 E South St. (residence & detached garage). SUMMARY RECOMMENDATION: The Interim City Manager, Director of Community Development and Code Compliance Supervisor recommend the City Council authorize demolition proceedings for these properties. BACKGROUND: After an inspection of the properties, the Building Inspector sent the required notification to the owners of the properties requesting compliance. The following are the responses to the violations: 701 N Prairie St. A letter was sent to the listed owner in May of 2020. That month the owner provided a timeline to the City for the necessary repairs. He stated the repairs would be complete by August of 2020. Follow up inspections were done in August that showed no movement toward the repairs. Following Covid a new timeline was given in June of 2021 with the repairs to be completed in October of 2021. Follow up inspections showed no movement toward the repairs. A final attempt to reach the owner was made in February of 2022. A permit to demolish the garage was issued at that time. The permit has expired with no work being done. The property has not had water service since 2019; has a dilapidated roof; soffit and facia are rotted and missing; Sections of the foundation have no tuckpointing at all and bricks can be removed by hand, leaving no structural integrity; accessory structure is open and dangerous, walls are leaning causing the doors not to function; loose and missing siding allowing for rodent infestation. 213 Pine. A letter was sent to the listed owner in March of 2022. A follow up inspection noted there was no attempt to fix the building. This property has been cited for outside storage and dangerous structure multiple times since 2021. There has been no active water service since 2018. The property has been placarded by the City as uninhabitable since September of 2020. The porch is dilapidated and collapsed; Exterior weatherproofing envelope is compromised with missing downspouts; Area where the porch was attached is open to weather and rodents; tuckpointing is missing in some areas allowing for rodent infestation. 1169 Lombard. A letter was sent to the listed owner and upon a follow up inspection it was noted that no attempt had been made at fixing the structure. The detached garage has a dilapidated roof, and missing soffit and fascia; walls appear to be leaning and not sound; siding is loose and missing allowing for rodent infestation. 1145 E South. A letter was sent to the listed owner and upon a follow up inspection it was note that there was no attempt to fix the building. This residence was severely damaged by fire in June of 2016. The property owner has stated that they do not have the means to address the property. The 22-4063 ___________________________________________________________________________________________________________________________________________________________________________________________ Prepared by: EH Page 2 of 2 residence has been boarded up since 2016. The foundation on the west side is showing signs of failing; the detached garage has a dilapidating roof and structure and is starting to collapse. The property has not had water or power since 2016. The request before Council tonight is to approve moving forward with the demolition process. If approved, the following steps still need to be taken: • A title search is being conducted and if it is found that there are any other parties with ownership interest, staff will send additional notices. • If there are no responses, the City Legal Department pursues all necessary steps to obtain an order for demolition. • Once an order is received, staff can order an asbestos inspection of the property. • Staff requests utilities be terminated at the property. • Staff then drafts demolition specifications, and the demolition is put out for bid. • Bids are taken to City Council for approval. • The selected demolition contractor schedules the demolition into their calendar and completes the demolition. BUDGET IMPACT: The demolition costs are estimated to be: • 701 N Prairie St (Residence and Detached Garage)- $18,000- $20,000 • 213 Pine St (Residence)- $15,000- $18,000 • 1169 Lombard St (Garage)- $4,000- $6,000 • 1145 E South St (Residence and Detached Garage)- $15,000- $18,000 SUPPORTING DOCUMENTS: 1. Fifteen-day notices and photos City Hall • 55 West Tompkins Street • Galesburg, IL 61401 • 309/345-3617 May 14, 2020 Del R. Anderson 619 E. Fremont St. Galesburg, IL. 61401 Reference:701 N. Prairie St. Galesburg,Il. PIN#:99-10-280-007 Legal Description:GALE S 2nd ADDN LOT 12 BLK 14 This is to advise you that the building and accessory building owned by you, or in which you claim interest, located at 701 N. Prairie St. in the City of Galesburg, Knox County, Illinois, is in dangerous and unsafe conditions by reason of the State of Illinois Municipal Code for unsafe properties (65 ILCS 5/Art. 11 Div. 31). You are further notified that you have fifteen days from the date of this letter to contact this department or repair and/or replace the areas listed below: Please repair or replace the following items: 1. Dilapidate roof, soffit and fascia rotted and missing. 2. Exterior Weatherproofing envelope compromised with the missing gutters and downspouts and Siding 3. Front porch dilapidated, rotten wood and missing railings 4. Side of home has exterior door leading to a porch, roof and deck removed never replaced or siding repaired. 5. Foundation in need of replacing, sections there is no tuckpointing at all and bricks can be removed by hand. Leaving no structural integrity. 6. Accessory structure/building, open and unsafe, walls appear to be leaning,causing doors not to function 7. Siding loose at or near ground allowing for rodent infiltration 8. Rear porch dilapidated and in need of replacement brick support missing replaced with 4by4 on angle to support structure 9. Bulkhead entrance to basement doors rotten and dangerous I visually see work has commenced on this property, the City is still requiring a timeline as to realistic completion of each item listed and will be reinspected on 30 day increments through the repair process to verify complying to submitted timeline. The list is based upon a visual inspection was performed on May 13, 2020. This property will be re-inspected on May 29, 2020. This notice is given pursuant to the applicable statutes of the State City Hall • 55 West Tompkins Street • Galesburg, IL 61401 • 309/345-3617 of Illinois. If you do not properly repair or replace the listed items or contact this office within the fifteen day time period, the City will proceed with demolition action against the property. If you have any other questions or need additional information, please contact me at 309-345- 3617. Sincerely, Inspections Division City of Galesburg, Il. 701 N Prairie City Hall • 55 West Tompkins Street • Galesburg, IL 61401 • 309/345-3617 March 29, 2022 Word Sharee A ET AL 261 Pine St. Galesburg, IL. 61401 Reference:address 213 Pine, Galesburg,Il. PIN#:9914204028 Legal Description: FROST’S ADD LT 7 (EX31’) & S5’ LT6 BLK 4 This is to advise you that the building owned by you, or in which you claim interest, located at 213 Pine St. in the City of Galesburg, Knox County, Illinois, is in dangerous and unsafe conditions by reason of the State of Illinois Municipal Code for unsafe properties (65 ILCS 5/Art. 11 Div. 31). You are further notified that you have fifteen days from the date of this letter to contact this department or repair and/or replace the areas listed below: Please repair or replace the following items: 1. Dilapidate roof over porch, collapsed 2. Exterior Weatherproofing envelope compromised with the missing downspouts not directing water away from structure 3. Area where porch roof was attached to the wall the wall cavity is open to weather and rodents. 4. The foundation is in need of tuckpointing areas visable from right of way that are large enough openings to allow rodents to penetrate into building The list is based upon a visual inspection was performed on March 22, 2022. This property will be re-inspected on April 13 2022. This notice is given pursuant to the applicable statutes of the State of Illinois. If you do not properly repair or replace the listed items or contact this office within the fifteen day time period, the City will proceed with demolition action against the property. If you have any other questions or need additional information, please contact me at 309-345- 3617. Sincerely, Inspections Division City of Galesburg, Il. 213 Pine City Hall • 55 West Tompkins Street • Galesburg, IL 61401 • 309/345-3617 March 11, 2022 Wright Leslie W 1169 Lombard St. Galesburg, IL. 61401 Reference:1169 Lombard St., Galesburg,Il. PIN#:9914454010 Legal Description: ARTHUR’S SUB LOT 1 This is to advise you that the accessory building owned by you, or in which you claim interest, located at 1169 Lombard St. in the City of Galesburg, Knox County, Illinois, is in dangerous and unsafe conditions by reason of the State of Illinois Municipal Code for unsafe properties (65 ILCS 5/Art. 11 Div. 31). You are further notified that you have fifteen days from the date of this letter to contact this department or repair and/or replace the areas listed below: Please repair or replace the following items: 1. Dilapidate roof, soffit and fascia rotted and missing. 2. Walls appear to be leaning and not sound 3. Siding loose at or near ground allowing for rodent infiltration The list is based upon a visual inspection was performed on March 8, 2022. This property will be re-inspected on March 28, 2022. This notice is given pursuant to the applicable statutes of the State of Illinois. If you do not properly repair or replace the listed items or contact this office within the fifteen day time period, the City will proceed with demolition action against the property. If you have any other questions or need additional information, please contact me at 309-345- 3617. Sincerely, Inspections Division City of Galesburg, Il. 1169 Lombard City Hall • 55 West Tompkins Street • Galesburg, IL 61401 • 309/345-3617 March 10, 2022 Cunningham Kenny R ET AL 247 Copper Kettle Lane East Dubuque, IL. 61025 ReferenceProperty 1145 E. South St. Galesburg,Il. PIN#:9914205019 Legal Description: FROST S ADDN LOT 16 BLK 5 This is to advise you that thebuild and accessory buildings owned by you, or in which you claim interest, located at 1145 E. South St.. in the City of Galesburg, Knox County, Illinois, is in dangerous and unsafe conditions by reason of the State of Illinois Municipal Code for unsafe properties (65 ILCS 5/Art. 11 Div. 31). You are further notified that you have fifteen days from the date of this letter to contact this department or repair and/or replace the areas listed below; Primary Residence 1. Repair of all damage due to structural fire June 22, 2016 2. Foundation appears to be leaning on west side at driveway possible failure of brick foundation Accessory Structure 3. Garage collapsing, dilapidated roof and structure This list is based upon a visual inspection that was performed on March 8, 2022. This property will be re- inspected on March 28, 2022. This notice is given pursuant to the applicable statutes of the State of Illinois. If you do not properly repair or replace the listed items or contact this office within the fifteen day time period, the City will proceed with demolition action against the property. If you have any other questions or need additional information, please contact us at 309-345-3617. Sincerely, Inspections Division City of Galesburg, Il. 1145 E South ___________________________________________________________________________________________________________________________________________________________________________________________ Prepared by: BAN Page 1 of 1 CITY OF GALESBURG COUNCIL LETTER JUNE 20, 2022 AGENDA ITEM: Non-Exclusive Option to Purchase Real Estate SUMMARY RECOMMENDATION: The Interim City Manager, Director of Community Development, and City Attorney/Administrative Services Director recommend approval of the real estate option agreement. BACKGROUND: The City of Galesburg is the owner of approximately 2.96 acres of property located on W. Carl Sandburg Drive. Numerous developers have contacted the City about submitting the lot as a potential location in response to a request for proposals from the Department of Veteran Affairs to establish a community-based outpatient clinic (CBOC). The developer would own the property and construct a building, which would be leased to the Department of Veteran Affairs. More information about the project is included in the Sources Sought Notice included with the council letter. As part of the proposal process, the developers would like to show they have the right to purchase the property if selected by the federal government to complete the project. This is typically completed using a real estate option agreement. Rather than enter into an exclusive option agreement with one developer, the City is proposing to enter into this Agreement with any willing developer who is submitting a proposal for this specific CBOC project. Based on previous discussions, staff believe there are at least three developers who would likely execute the option agreement with the City. Only the developer selected for the project will have the authority to exercise the option and purchase the property from the City. If selected, the developer has the option to purchase the property at a purchase price of $250,000. BUDGET IMPACT: Sufficient funds area available in the 2022 budget. SUPPORTING DOCUMENTS: 1.Non Exclusive Option to Purchase Real Estate 2.Aerial of Property 3.Sources Sought Notice 22-4064 NON EXCLUSIVE OPTION TO PURCHASE REAL ESTATE THIS OPTION AND PURCHASE AGREEMENT (”Agreement”) is entered into as of the __ day of _________, 2022, by and between City of Galesburg, an Illinois municipal corporation (”Seller”) and ______________________________________________ (”Buyer”). 1. Option. In consideration of the sum of One Dollar ($1.00) and other good and valuable consideration, Seller hereby grants to Buyer a non-exclusive option to purchase (”Option”), for a period of 180 days from the Acceptance Date hereof as indicated below (the “First Option Period”), approximately 2.96 acres of real property described in Exhibit A attached hereto, and all rights, privileges, and easements appurtenant to such real property (collectively, the “Premises”), for the sum of $250,000.00. The Option is granted on the terms and conditions set forth below. 2. Exercise of Option. The Option may be exercised at any time following satisfaction of all conditions precedent on or before the expiration of the Option Period by notice to that effect given by Buyer to Seller on or before the last day of the Option Period. If this Option is not exercised as aforesaid, it shall be null and void. Buyer’s exercise of this option shall be conditioned upon the fulfillment of the following conditions precedent: A. Selection by the United States Department of Veterans Affairs to build a community-based outpatient clinic (CBOC) or similar facility as outlined in the “Sources Sought Notice” with solicitation number “36C26322R0071” In the event that solicitation number “36C26322R0071” is awarded to a party other than Buyer, this Option Agreement shall automatically terminate and both parties shall be relieved of all rights, duties and obligations contained herein. 3. Payment of Purchase Price. In the event of Buyer’s exercise of the Option, Buyer shall pay the Purchase Price to the Seller at the closing of two hundred fifty thousand dollars ($250,000.00). 4. Closing. The closing shall be held at a time and place mutually agreeable to the parties, within sixty (60) days after the exercise of the Option (the “Closing Date”). 5. Deed and Title. Seller shall not sell or encumber the Premises while this Option remains in effect, except for the exercise of other non-exclusive options, all of which shall be expressly contingent upon solicitation number “36C26322R0071” being awarded to Buyer. At closing, Seller shall deliver to Buyer a General Warranty Deed conveying to Buyer or its nominee fee simple title to the Premises, free and clear of all encumbrances except legal highways, zoning and building ordinances. If a preliminary A.L.T.A. title insurance commitment reveals any encumbrances other than the exceptions specified herein and standard A.L.T.A. exceptions, Buyer may elect either to: (a) cancel this Agreement or (b) accept such title as Seller can convey and pay the agreed Purchase Price. In the event of encumbrances that may be resolved by payment of funds, Seller shall proceed to cure and remove said encumbrances prior to closing. 6. Survey and Investigations. After the Acceptance Date, Buyer and its designated agents may enter the Premises, at reasonable times, for the purpose of making surveys, inspecting the physical conditions of the Premises, and making soil and environmental tests or borings, performing architectural drawings, and performing any obligation under this Agreement, provided that such operations are at Buyer’s sole expense and do not damage the Premises. 7. Representations and Warranties of Seller. A. In order to induce Buyer to enter into this Agreement, Seller represents and warrants to Buyer that: i. Fee simple ownership of the Premises is vested solely in Seller, and no other person or entity has any right, title, or interest in or to the Premises; ii. To the best of Seller’s knowledge, no proceedings of any type (including condemnation or similar proceedings), are being contemplated against the Premises or any part thereof; iii. To the best of Seller’s knowledge, no special assessments of any nature are being contemplated with respect to the Premises or any part thereof; iv. The Premises are not subject to any: (a) leases, (b) unrecorded easements, (c) options to purchase, (d) rights of first purchase or refusal, (e) any other agreement or contract to use, lease, or purchase the Premises; or (f) mortgages, other than those that shall be satisfied at closing except; (a) Any other non-exclusive options granted requiring a buyer to receive approval by the Department of Veterans Affairs to build a CBOC on the property consistent with solicitation number 36C26322R0071”. v. To the best of Seller’s knowledge, the Premises have not been used for the manufacture, distribution, storage, or disposal of any hazardous waste, hazardous substance, or other pollutant, as those terms are defined in any federal or state law, statute, or regulation (collectively, “Hazardous Wastes”); to the best of Seller’s knowledge, no Hazardous Wastes have been used in connection with any manufacturing or other activity conducted on the Premises; and to the best of Seller’s knowledge, there are presently no Hazardous Wastes in or under the Premises. vi. To the best of Seller’s knowledge, if the Premises contain, more than one parcel, the parcels that constitute the Premises are contiguous; vii. To the best of Seller’s knowledge: (a) there are no existing moratoria or other limitations on the availability of utilities to the Premises, (b) electricity, gas, water, and storm sewers of sufficient capacity or quantity are available at the perimeter of the Premises, and (c) Buyer has the full right to tie into or otherwise connect with the service lines furnishing each such service or utility; B. All representations and warranties contained in this Section 7 or elsewhere in this Agreement shall be deemed remade as of closing and shall survive closing. 8. Taxes and Assessments. Seller shall pay all real estate taxes and assessments that are now due or become due prior to the Closing Date. Taxes and assessments not yet due and payable at the Closing Date shall be prorated on a per diem basis as of 11:59 p.m. of the day preceding the Closing Date on the basis of the calendar year for which the same are levied or assessed. If the rate of any such taxes or assessments shall not be fixed before the Closing Date, the adjustment thereof at the closing shall be upon the basis of 110% of the taxes for the preceding calendar year and there shall be no later re- proration. Any other adjustment, including adjustments for rents, profits, and the like, shall be allowed and apportioned as of the Closing Date. Seller shall pay all accrued water, sewer, and other utility charges, if any, as of the Closing Date. 9. Possession. Seller shall deliver exclusive vacant possession of the Premises to Buyer at the closing. 10. Notices. All notices, requests, and other communications under this Agreement shall be in writing and shall be deemed properly given upon delivery by hand or upon delivery by sender to the applicable carrier if sent, postage prepaid by the United States registered or certified mail, return receipt requested, or by overnight express mail courier, addressed as follows: A. If intended for Seller: Attn: City Manager City of Galesburg 55 West Tompkins St. Galesburg, IL 61401 B. If intended for Buyer: ___________________ ___________________ ___________________ or to such other addresses as Seller or Buyer shall have given notice to the other as herein provided. 11. Binding Effect. This Agreement shall be binding upon and shall inure to the benefit of the heirs, successors and assigns of the parties hereto. 12. Complete Agreement. This Agreement constitutes the entire agreement between the parties with respect to the transaction contemplated herein and no amendment or modification shall be effective unless it is in writing and signed by Seller and Buyer. 13. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the state in which the Premises are located. 14. Assignment. The option granted by this Agreement may only be exercised by Buyer and any assignment, transfer, or sale of this option, directly or indirectly, shall automatically terminate this option and all rights of Buyer under this Agreement. Notwithstanding the foregoing, Buyer shall be permitted to assign this Agreement to an Affiliated Party without prior consent from Seller. 15. Captions. The captions in this Agreement are for convenience only and shall not define or limit the scope of this Agreement or the intent hereof. 16. Amendment. The Parties may mutually agree to amend this Agreement. However, no amendment to this Agreement will be effective unless it is in writing and signed by both Parties. IN WITNESS WHEREOF, the parties hereto have set their hands as of the date first set forth above, etc. Agreed to as of _______ _____, 2022. Agreed to as of _______________, 2022. ____________________________________ ____________________________________ By: ________________________________ By: __________________________________ Name: __________________, ___________ Name: ___________________, Mayor Attest: ________________________________ Name: ___________________, City Clerk STATE OF _______ STATE OF ILLINOIS COUNTY OF _______ COUNTY OF KNOX Signed and sworn to before me this _______ Singed and sworn to before me this ________ day ______________, 2022 day __________, 2022 _____________________________________ ______________________________________ Notary Public Notary Public EXHIBIT A INDEVCO SUB EXT'N 2 LT 1 (EX BEG NE COR SE221.54' SW65.4' NW216.8' NE65.04' TO POB) Parcel: 99-04-202-018 34 34 34 SMall DrWCarl S a ndb urgD r 34 S Mal l Dr WCarl S a ndburgDrProme nadeCt133.11 263.32630.0 6 266.213 3 . 8 7 2 3 8 . 8 2 287.92658.7919 5 . 7 1 155.891401 7 . 9 9 17.99115.93115.93487.48166.06 150131.79140156.19 258 362 77.82 75.45 375 140 602052 7 4 . 3 3 421.7371.54221.54 4 2 2 1 2 1 65.04 30.04 296.96 216.8131.451065.4 160.1R-25R-25R-50 R-1540 60 R-1155.15 R-1460 453.38134.40 W CAR L S A N D B U R G D R £¤34 £¤34 0904100002 SCHACHTRUP ENT LTD PARTNERSHIP 9904100013 CITY OF GALESBURG ATTN: CITY CLERK 9904202016 1235 W CARL SANDBURG DR BRIDGEWAY SANDBURG ATTN: RAYMOND CLARKE 2323 WINDISH DR GALESBURG IL 61401 9904202018 CITY OF GALESBURG ATTN: CITY CLERK 9904202020 1175 W CARL SANDBURG DR LC HOLDINGS INC 1926 E FREMONT ST GALESBURG IL 61401 9904276026 1150 W CARL SANDBURG DR SBM, LLC 2201 LONG PRAIRIE RD STE 107714 FLOWER MOUND TX 750224832 9904276027 1130 W CARL SANDBURG DR AREC 42, LLC TAX DEPT PO BOX 29046 PHOENIX AZ 850389046 ÀCPD ÀR-1A Sources: Esri, HERE, Garmin, FAO, NOAA, USGS, © OpenStreetMap contributors, and the GIS User Community February 28, 2022 / Cadastral City of Galesburg 1200 Blk W Carl Sandburg Dr 100 0 100 200 30050 Feet City owned lots Community Development Department CITY OF GALESBURG Operating Under Council-Manager Government Since 1957 Approx 2.96 acres Sources Sought Notice *= Required Field Sources Sought Notice Page 1 of 8 SUBJECT* VHA Lease Galesburg, IL Community Based Outpatient Clinic (CBOC) GENERAL INFORMATION CONTRACTING OFFICE’S ZIP CODE* 52241 SOLICITATION NUMBER* 36C26322R0071 RESPONSE DATE/TIME/ZONE 04-22-2022 2:00 CENTRAL TIME, CHICAGO, USA ARCHIVE 30 DAYS AFTER THE RESPONSE DATE RECOVERY ACT FUNDS N SET-ASIDE PRODUCT SERVICE CODE* X1DB NAICS CODE* 531190 CONTRACTING OFFICE ADDRESS Department of Veterans Affairs NETWORK 23 CONTRACTING OFFICE 1303 5th St, Suite 300 Coralville IA 52241 POINT OF CONTACT* Melissa S. Johnson melissa.johnson18@va.gov 563-206-8537 PLACE OF PERFORMANCE ADDRESS Galesburg Illinois POSTAL CODE COUNTRY USA ADDITIONAL INFORMATION AGENCY’S URL URL DESCRIPTION AGENCY CONTACT’S EMAIL ADDRESS EMAIL DESCRIPTION Sources Sought Notice Sources Sought Notice Page 2 of 8 DESCRIPTION Sources Sought Notice Page 3 of 8 Page 3 of 8 Galesburg CBOC The U.S. Department of Veterans Affairs Seeks Expressions of Interest for 19,852 Rentable/18,003 Net Usable Square Feet of Community Based Outpatient Clinic (CBOC) in Galesburg, Illinois Notice: This advertisement is a notice of a potential opportunity. This advertisement is not a solicitation for offers, nor is it a request for proposals. The purpose of this advertisement is to identify potential sources and suitable existing buildings and is not intended to pre-qualify or disqualify any potential offers. The Government will not pay for any costs incurred as a result of this advertisement. The Government cannot provide any warranty, expressed or implied, as to the accuracy, reliability, or completeness of contents of the furnished information found within this advertisement; Government is under no responsibility to respond to and is unable to answer any inquiries regarding this advertisement. Respondents are advised that the Government assumes no responsibility to award a lease based upon responses to this advertisement. Contracting Office Address: United States Department of Veterans Affairs (VA), Leasing and Specialized, Network 23 Contracting Office (NCO 23), 1303 5th Street, Suite 300, Coralville, IA 52241. Description: VA seeks to lease approximately 19,852 Rentable Square Feet (18,003 Net Usable Square Feet) and 99 parking spaces for use by VA as a CBOC in the delineated area explained below. VA will consider leased space located in an existing building or new construction. NUSF is generally defined as the space remaining once common areas, lessor areas, and non-programmatic areas required by code are deducted from the rentable square feet of the facility. NUSF does not include areas such as stairs, elevators, mechanical and utility rooms, ducts, shafts, vestibules, public corridors, and public toilets required by local code. A detailed definition will be provided by VA, should a solicitation for offers or request for proposals be issued for this project. Lease Term: Up to 20 years. Delineated Area: To receive consideration, submitted properties must be located within the following area described below, which is bound by the following roads, or must front on any of the following boundary lines: Bounded on the North: Interstate 34 Bounded on the South: Knox Hwy 10 Bounded on the West: West Carl Sandburg Drive Bounded on the East: North Farnham Street The following map of the delineated area is provided for further clarification of the boundaries of the delineated area. Sources Sought Notice Page 4 of 8 Page 4 of 8 Additional Requirements: (1) Offered space must be located on the first floor and no more than one (1) contiguous floor. (2) Bifurcated sites, inclusive of parking, are not permissible. (3) The following space configurations will not be considered: Space with atriums or other areas interrupting contiguous space, extremely long or narrow runs of space (more than twice as long as wide), irregularly shaped space configurations or other unusual building features adversely affecting usage. (4) Offered space cannot be in the FEMA 100-year flood plain. (5) Offered space must be zoned for VA’s intended use. (6) Offered space will not be considered if located in close proximity to property with incompatible uses, including but not limited to the following uses: liquor establishments, treatment centers, correctional facilities, where firearms are sold/discharged, or within flight paths. (7) Offered space must be easily accessible to multiple highways which provide multiple routes of travel. (8) Offered space must meet Federal and Local Government requirements for fire safety, physical security, accessibility, seismic, and sustainability standards per the terms of the solicitation for offers or request for proposals. (9) A fully serviced lease will be required. Sources Sought Notice Page 5 of 8 Page 5 of 8 (10) Offered space must be compatible for VA’s intended use. All submissions should include the following information: (1) Name of current owner; (2) Address or described location of building or land; (3) Location on map, demonstrating the building or land lies within the Delineated Area; (4) Description of ingress/egress to the building or land from a public right-of-way; (5) A statement as to whether the building or land lies within the Delineated Area; (6) Description of the uses of adjacent properties; (7) Site plan depicting the property boundaries, building, and parking; and (8) If you are qualified as a small business, Veteran Owned Small Business (VOSB), or Service Disabled Veteran Owned Small Business (SDVOSB) under NAICS Code 531190 Lessors of Nonresidential Buildings with a small business size standard of $30 million, please read the attachment, entitled, “Small Business, VOSB, or SDVOSB Status”. You are invited, but not required to submit a Capabilities Statement.; (9) A document indicating the type of zoning and that VA’s intended use is permissible for the proposed space; (10) A description of any changes to the property necessary to be compatible with VA’s intended use; (11) A statement indicating the current availability of utilities serving the proposed space or property. All interested parties must respond to this announcement no later than , 4/22/2022t at 2:00 P.M. Central Time. Melissa S. Johnson Senior Lease Contracting Officer Department of Veterans Affairs Network Contracting Office 23 (NCO23) - Iowa City Leasing and Specialized Branch 1303 5th Street, Suite 300 Coralville, IA 52241 Office: 563-206-8537 Email: melissa.johnson18@va.gov Market Survey if required (Estimated): Spring 2022 Occupancy (Estimated): Summer/Fall 2023 Sources Sought Notice Page 6 of 8 Page 6 of 8 Attachment - Small Business, VOSB or SDVOSB Status The NAICS Code for this procurement is 531190 Lessors of Nonresidential Buildings, and the small business size standard is $30 million. Responses to this notice will assist VA’s Office of Real Property (ORP) in determining if the acquisition should be set-aside for competition and restricted to SDVOSB or VOSB concerns in accordance with 38 USC Sec. 8127. The magnitude of the anticipated construction/buildout for this project is: __ (a) Less than $25,000; __ (b) Between $25,000 and $100,000; __ (c) Between $100,000 and $250,000; __ (d) Between $250,000 and $500,000; __ (e) Between $500,000 and $1,000,000; _ (f) Between $1,000,000 and $2,000,000; _x (g) Between $2,000,000 and $5,000,000; __ (h) Between $5,000,000 and $10,000,000; __ (i) Between $10,000,000 and $20,000,000; __ (j) Between $20,000,000 and $50,000,000; __ (k) Between $50,000,000 and $100,000,000; __ (l) More than $100,000,000. VA makes monthly lease rental payments in arrears upon facility acceptance and will make a single lump-sum payment for specified tenant improvements. VA makes no progress payments during the design or construction/build-out phases of the project. This is not a request for proposals, only a request for information for planning purposes, and does not constitute a solicitation. A solicitation may or may not be issued. This notice is being published in accordance with Federal Acquisition Regulation 19.14 and VA Acquisition Regulation 819.70. Project Requirements: VA seeks information from Potential Offerors who are capable of successfully performing a lease contract, including design and build-out of the facility described above, on a VA approved site for a term of up to 20 years, as well as all maintenance and operation requirements for the duration of the lease term. More information on VA’s requirements can be found on its Technical Information Library: http://www.cfm.va.gov/til/. SDVOSB, VOSB, and Small Business firms are invited to provide information to contribute to the market research for this project. SDVOSB and VOSB firms must be registered in VA’s Vendor Information Pages (VIP) site at https://www.vip.vetbiz.gov/. All business concerns must have the technical skills and financial capabilities necessary to perform the stated requirements. All business concerns are requested to submit a Capabilities Statement if they are interested in participating in this project. A submission checklist and information sheet is provided below for firms to fill out and submit, which will serve as the firm’s Capabilities Statement. Capabilities Statement Will Include: Sources Sought Notice Page 7 of 8 Page 7 of 8 1. Company name, address, point of contact, phone number, Dunn & Bradstreet number, and e-mail address; 2. Evidence of SDVOSB or VOSB status through registration at VIP (https://www.vip.vetbiz.gov/); 3. Evidence of ability to offer as a small business under NAICS Code 531190 or 531120 and listing in the System for Award Management (www.SAM.gov), including a copy of the representations and certifications made in that system; 4. A summary describing at least three (3) projects of similar size and scope completed in the past five (5) years that demonstrate your company’s experience designing, constructing, and managing Federal leased facilities or health care facilities relevant to the project described above. (3-page limit); 5. Evidence of your company’s bonding capacity to meet a bid bond of $100,000, and evidence from a surety of capability to obtain payment and performance bonds in values based on the project magnitude listed above; and 6. Evidence of capability to obtain financing for a project of this size. If desired, the company may also submit a narrative describing its capability. Although this notice focuses on SDVOSB and VOSB, we encourage all small businesses and other interested parties to respond for market research purposes. Sources Sought Notice Page 8 of 8 Page 8 of 8 CAPABILITIES STATEMENT SUBMISSION CHECKLIST AND INFORMATION SHEET Galesburg CBOC Company name: Company address: Dunn & Bradstreet number: Point of contact: Phone number: Email address: The following items are attached to this Capabilities Statement: □ Evidence of SDVOSB or VOSB status through registration at VIP (https://www.vip.vetbiz.gov/); □ Evidence of ability to offer as a small business under NAICS Code 531190 and listing in the System for Award Management (www.SAM.gov), with representations and certifications; □ A summary describing at least three (3) projects of similar size and scope completed in the past five (5) years that demonstrate the company’s experience designing, constructing, and managing Federal leased facilities or health care facilities relevant to (input project specific nusf). (3-page limit); □ Evidence of the company’s bonding capacity to meet a bid bond of $100,000, and payment and performance bonds in the range above from surety; and □ Evidence of capability to obtain financing for a project of this size. If desired, the company may also submit a narrative describing its capability, not to exceed two (2) pages. By: ____________________________________ (Signature) ________________________________________________________________ (Print Name, Title) TOWN OF THE CITY OF GALESBURG Date: June 20, 2022 Agenda Number: 22-9013 TOWN FUND $4,018.11 GENERAL ASSISTANCE FUND $5,966.06 IMRF FUND $1,767.12 SOCIAL SECURITY/MEDICARE FUND LIABILITY FUND AUDIT FUND TOTAL $11,751.29