NORMAL, ILLINOIS PHONE: 454-2444

TOWN OF NORMAL CITY HALL NORMAL, ILLINOIS PHONE: 454-2444

PROPOSED AGENDA FOR TOWN COUNCIL MEETING December 5, 2011

7:00 p.m. 6:45 p.m. Special Meeting of the Normal Local Liquor Commission 1. Call to Order 2. Roll Call 3. Pledge of Allegiance 4. OMNIBUS VOTE AGENDA (All items under the Omnibus Vote Agenda are considered to be routine in nature and will be

enacted by one motion. There will be no separate discussions of these items unless a Council Member so requests, in which event, the item will be removed from the Omnibus Vote Agenda and considered as the first item after approval of the Omnibus Vote Agenda.)

A. Approval of the Minutes of the Regular Meeting of November 21, 2011

B. Approval of Town of Normal Expenditures for Payment as of November 30, 2011 C. Motion to Approve the Year 2012 Town Meeting Calendar

D. Resolution Waiving the Formal Bidding Process and Accepting a Proposal from Stark

Excavating in the Amount of $63,320 for the Installation of a Cistern for the Gateway Plaza Project

E. Resolution Authorizing Execution of an Agreement with Resource One for the Purchase and Installation of Furniture, Furnishings and Equipment for Uptown Station in the Amount of $456,292.43

F. Resolution Consenting to the Assignment of M & I’s Rights under that Certain Conditional Assignment of Development Rights and Collateral Assignment of Payments Dates as of January 12, 2010

G. Resolution Accepting a Quit Claim Deed for Property – Kelley Glen Outlots

H. Resolution Conditionally and Partially Approving the Final Plat of the Resubdivision Lot 1, Animal Haven Clinic Subdivision by Expedited Process

I. Ordinance Amending Section 25.16-4 of the Municipal Code – Waiver of Permit Fees for EV Charging Station Installation

5. ITEMS REMOVED FROM OMNIBUS VOTE AGENDA

GENERAL ORDERS 6. Ordinance Annexing Property to the Town of Normal – Morningside United Methodist

Church (3714 Ft. Jesse Road) 7. Motion Initiating a Zoning Map Amendment – Morningstar Church, 3417 Ft. Jesse Road 8. Resolution Authorizing Execution of a Redevelopment Agreement Between the Town of

Normal and Normal Lodging LLC Pertaining to the Redevelopment of the Former Holiday Inn Property Located at 8 Traders Circle in North Normal

NEW BUSINESS

9. Motion to Adopt a Local Preference Purchasing Policy

10. Motion to Approve the FYE 2012-2017 Community Investment Plan

CONCERNS ADJOURNMENT

Omnibus Vote

MINUTES OF THE REGULAR MEETING OF THE NORMAL TOWN COUNCIL HELD IN THE COUNCIL CHAMBERS, NORMAL CITY HALL, 100 EAST PHOENIX AVENUE, NORMAL, MCLEAN COUNTY, ILLINOIS – MONDAY, NOVEMBER 21, 2011. 1. CALL TO ORDER: Mayor Chris Koos called the regular meeting of the Normal Town Council to order at

7:00 p.m., Monday, November 21, 2011. 2. ROLL CALL: The Clerk called the roll with the following persons physically

PRESENT: Mayor Chris Koos and Councilmembers Sonja Reece, Adam Nielsen, Jeff Fritzen, Chuck Scott, and Jason Chambers. Also present were City Manager Mark Peterson, Deputy City Manager Pamela Reece, Corporation Counsel Steve Mahrt, and Town Clerk Wendy Briggs.

ABSENT: Cheryl Gaines (arrived at 7:05 p.m.)

3. PLEDGE OF ALLEGIANCE: Mayor Koos led the Pledge of Allegiance to the Flag. 4. OMNIBUS VOTE AGENDA: Mayor Koos excused himself from voting on any bills he may have incurred while

performing his Mayoral duties. Councilmember Reece excused herself from voting on any bills from Advocate BroMenn

Healthcare and any expenses she may have incurred while performing Council duties. Item C was removed from the Omnibus Vote Agenda. MOTION: Councilmember Nielsen moved, seconded by Councilmember Scott, the Council

Approve the Omnibus Vote Agenda. AYES: Reece, Nielsen, Fritzen, Scott, Chambers, Koos. NAYS: None. ABSENT: Gaines. Motion declared carried.

A. APPROVAL OF THE MINUTES OF THE REGULAR MEETING OF NOVEMBER 7, 2011: Omnibus Vote.

B. APPROVAL OF TOWN OF NORMAL EXPENDITURES FOR PAYMENT AS

OF NOVEMBER 16, 2011: Omnibus Vote. D. MOTION TO WAIVE THE FORMAL BIDDING PROCESS AND APPROVE

THE PURCHASE OF DIESEL FUEL FROM EVERGREEN FS, INC., OF BLOOMINGTON, IL: Omnibus Vote.

COUNCIL MINUTES -2- NOVEMBER 21, 2011 E. MOTION TO AUTHORIZE AN AMENDMENT TO THE FY 2011-12 SOCIAL

SECURITY AND ILLINOIS MUNICIPAL RETIREMENT (IMRF) BUDGET FOR THE GENERAL FUND AND EXPENDITURES FOR THE LIBRARY FUND BUDGET: Omnibus Vote.

F. MOTION APPROVING A FUNDING REQUEST FROM THE YWCA FOR

THE MCLEAN COUNTY WHEELS TO WORK PROGRAM: Omnibus Vote. G. RESOLUTION WAIVING THE FORMAL BID PROCESS AND ACCEPTING

A PROPOSAL FROM HEARTLAND PARKING, INC., D/B/A SECURITY PARKING SYSTEMS FOR PARKING ACCESS AND REVENUE CONTROL (PARC) EQUIPMENT FOR THE UPTOWN STATION PARKING DECK IN THE AMOUNT OF $289,956: Resolution No. 4683: Omnibus Vote.

H. ORDINANCE AMENDING SECTION 11.3.1, 11.3.3 AND 11.3.4 OF THE

MUNICIPAL CODE OF THE TOWN OF NORMAL – ADOPTING THE 2011 NATIONAL ELECTRIC CODE: Ordinance No. 5404: Omnibus Vote.

I. ORDINANCE AMENDING CHAPTER 18 OF THE MUNICIPAL CODE:

Ordinance No. 5405: Omnibus Vote. J. ORDINANCE REZONING PROPERTY IN THE TOWN OF NORMAL – 206

PINE STREET: Ordinance No. 5406: Omnibus Vote.

5. ITEMS REMOVED FROM OMNIBUS VOTE AGENDA: Councilmember Gaines arrived at 7:05 p.m.

C. MOTION TO WAIVE THE FORMAL BID PROCESS AND TO AUTHORIZE TOWN STAFF TO PURCHASE BICYCLE RACKS AND BICYCLE AMENITIES FROM DERO BIKE RACK CO. WITH $20,428.22 IN ENERGY BLOCK GRANT FUNDS:

MOTION: Councilmember Fritzen moved, seconded by Councilmember Reece, the Council

Waive the Formal Bid Process and Authorize Town Staff to Purchase Bicycle Racks and Bicycle Amenities from DERO Bike Rack Co. with $20,428.22 in Energy Block Grant Funds.

Councilmember Fritzen posed questions for clarification on the location of the

racks and the “fix-it” station, which questions were responded to by Town Planner Mercy Davison.

AYES: Nielsen, Fritzen, Scott, Chambers, Gaines, Reece, Nielsen. NAYS: None. Motion declared carried.

COUNCIL MINUTES -3- NOVEMBER 21, 2011 GENERAL ORDERS 6. RESOLUTION AUTHORIZING EXECUTION OF AN INTERGOVERNMENTAL

AGREEMENT REGARDING THE CLINTON LANDFILL PERMIT – APPLICATION TO ACCEPT POLYCHLORINATED BIPHENYLS: Resolution No. 4684:

MOTION: Councilmember Chambers moved, seconded by Councilmember Reece, the Council

Adopt a Resolution Authorizing Execution of an Intergovernmental Agreement Regarding the Clinton Landfill Permit – Application to Accept Polychlorinated Biphenyls.

Councilmember Nielsen stated he did not feel comfortable with acting on this without

having Area Disposal Service, Inc., come in and give a presentation on this issue. Councilmember Chambers indicated he was not opposed to having a presentation, however he did feel comfortable with going ahead with the Intergovernmental Agreement at this time. Councilmember Gaines agreed that it would be beneficial to get as much information on the subject as possible, but did not want to procrastinate in joining in on this Agreement. General Council discussion ensued.

AYES: Fritzen, Scott, Chambers, Gaines, Reece, Koos. NAYS: Nielsen. Motion declared carried. 7. ORDINANCE AUTHORIZING THE 2011 PROPERTY TAX LEVY: Ordinance No.

5407: MOTION: Councilmember Reece moved, seconded by Councilmember Scott, the Council Approve

an Ordinance Authorizing the 2011 Property Tax Levy. AYES: Scott, Chambers, Gaines, Reece, Nielsen, Fritzen, Koos. NAYS: None. Motion declared carried. 8. ORDINANCES AUTHORIZING THE ABATEMENT OF 2011 PROPERTY TAXES

FOR DEBT SERVICES: Ordinance Nos. 5408, 5409, 5410, 5411, 5412, 5413, 5414, and 5415:

MOTION: Councilmember Reece moved, seconded by Councilmember Scott, the Council Approve

the Ordinances Authorizing the Abatement of 2011 Property Taxes for Debt Services. AYES: Chambers, Gaines, Reece, Nielsen, Fritzen, Scott, Koos. NAYS: None. Motion declared carried.

COUNCIL MINUTES -4- NOVEMBER 21, 2011 NEW BUSINESS 9. PRESENTATION BY UPTOWN PARTNERS STEERING COMMITTEE

CHAIRPERSON, JILL GUTH (JSM DEVELOPMENT), ON THE DEVELOPMENT OF UPTOWN PARTNERS AND THE TRANSITION BETWEEN UPTOWN PARTNERS AND THE UPTOWN NORMAL BUSINESS ASSOCIATION:

City Manager Mark Peterson introduced Ms. Jill Guth of JSM Development, who

presented a brief presentation pertaining to the transition from the Uptown Normal Business Association to the Uptown Partners. Ms. Guth provided an in-depth overview of the proposed plans for future funding and marketing efforts, as well as the services and benefits provided to the members of the Uptown Partners. Ms. Guth responded to questions from Council.

10. PRESENTATION BY BLOOMINGTON-NORMAL PUBLIC TRANSIT SYSTEM

GENERAL MANAGER ANDREW JOHNSON: Bloomington-Normal Public Transit System General Manager Andrew Johnson

presented a brief overview of the Bloomington-Normal Public Transit System’s plans for the future, including the redesign of the route system to achieve shorter routes and travel time. Mr. Johnson responded to questions from Council.

11. CONCERNS: There were none. 12. ADJOURNMENT: There being no further business to come before the Council, Mayor Koos called for a

Motion to Adjourn. MOTION: Councilmember Fritzen moved, seconded by Councilmember Nielsen, the Regular

Meeting of the Normal Town Council be Adjourned. AYES: Gaines, Reece, Nielsen, Fritzen, Scott, Chambers, Koos. NAYS: None. Motion declared carried. Mayor Chris Koos adjourned the Regular Meeting of the Normal Town Council at 8:28 p.m., Monday, November 21, 2011.

Page 1Town of Normal Expenditures to be Approved for Payment as of: November 30, 2011

Vendor Name Description Transaction Amount

ARTEZEN FINAL PAYMENT- WATERWORKS $1,500.00ONSRUD, CRAIG PRO SHOP INV PMT 10/30-11 $228.86ONSRUD, CRAIG PRO SHOP TAX PMT 10/30-11 $17.94B-N PUBLIC TRANSIT SYSTEM TRANSIT SALES $581.00

MCLEAN CO CHAMBER OF COMMERCE ANNUAL DUES $2,067.00MCLEAN CO COMMUNITY COMPACT ANNUAL DUES - 2011-2012 $100.00Sonja Reece NLC TRIP - NOV. 7-13, 201 $1,777.52MARRIOTT BLOOMINGTON NORMAL HOTEL COUNCIL RETREAT $1,380.30

AMERENIP 202 S BROADWAY $33.09BILL'S KEY & LOCK SHOP KEY FOR UPTOWN $1.85EVERGREEN FS INC. KEROSENE ( FOR UPTWN ) $71.84

T/N PETTY CASH-FINANCE DEPT LUNCH MEETING $23.15T/N PETTY CASH-FINANCE DEPT BREAKFAST MEETING $9.71SECTY OF STATE-MOTOR VEH DIV PLATE RENEWAL M-1 $99.00T/N PETTY CASH-FINANCE DEPT PIZZA(ANN'S RETIREMENT) $48.79T/N PETTY CASH-FINANCE DEPT ANN'S RETIREMENT CAKE $89.54

WALMART COMMUNITY BRC TOWN GOWN RACE, UNITED WA $255.13EDC OF B-N AREA MONTHLY CONTRIBUTION-NOV $6,666.66RICHARD SAVAGE FACILITY DEPOSIT REFUND $100.00Joseph Nellis TOWING RECLAIM FEE REIMBU $500.00Steven Dobski TOWING RECLAIM FEE REIMBU $500.00LISA RODGERS ACTIVITY CANCELLATION REF $35.00GOURI KARANDIKAR FACILITY CANCELLATION REF $605.00MISC FIRE DEPT AMBULANCE REIM $601.80MISC FIRE DEPT AMBULANCE REIM $462.38MISC FIRE DEPT AMBULANCE REIM $10.21MISC FIRE DEPT AMBULANCE REIM $677.99REBECCA LONG CAC RENTAL DEPOSIT REFUND $100.00

MUNICIPAL CLERKS OF ILLINOIS DUES FOR CLERK AND DEPUTY $85.00T/N PETTY CASH-FINANCE DEPT RECORDING FEES $91.00T/N PETTY CASH-FINANCE DEPT NOTARY FEE $5.00

ARDC KARPLUS 6185690 $289.00ARDC MAHRT 6186393 $289.00MCLEAN COUNTY BAR ASSOCIATION MCLEAN CO BAR DUES $200.00T/N PETTY CASH-FINANCE DEPT PARKING FEES-KARPLUS $55.50

AMEREN ENERGY MARKETING ENERGY,MISO,RPS,DELIVERY $4,329.56CORN BELT ENERGY CORP WATER TOWER 2280800 $55.96AMERENIP 1992164027 EV CHARGING ST $41.01NICOR GAS 100 PARKINSON $126.69AMEREN ENERGY MARKETING ENERGY,MISO,RPS,DELIVERY $107.58MENARDS SHELF BRCK,SHELVES $62.13RANEY TERMITE CONTROL INC PEST CONTROL $48.00WILCOX ELECTRIC & SERVICE INC INSTALL EXIT/911 LIGHT NP $446.00WILCOX ELECTRIC & SERVICE INC INSTALL GFI ON ROOF CDM $341.90F.E. MORAN INC SERVICE CALL/ACTIVITY CTR $306.25G & B MECHANICAL WATER LEAK REPAIRED $258.62G & B MECHANICAL SERVICE & MAINT CONTRACT $933.63INTERSTATE ALL BATTERY CENTER BATTERY $88.25

General Fund

$2,327.80General Fund TotalGeneral Fund Mayor & Council Administration

$5,324.82General Fund Mayor & Council Administration TotalGeneral Fund Administration - City Mgr Uptown Project

$106.78General Fund Administration - City Mgr Uptown Project TotalGeneral Fund Administration - City Mgr City Manager

$270.19General Fund Administration - City Mgr City Manager TotalGeneral Fund Administration - City Mgr General Expense Dept.

$10,514.17General Fund Administration - City Mgr General Expense Dept. TotalGeneral Fund Town Clerk Administration

$181.00General Fund Town Clerk Administration TotalGeneral Fund Corporation Counsel Administration

$833.50General Fund Corporation Counsel Administration TotalGeneral Fund Facility Management Administration


Vendor Name Description Transaction AmountCHIEF CITY MECHANICAL INC TESTING/BACKFLOW DEVICES $340.00CINTAS CORPORATION #396 CARPET RUNNER - CDM $63.33CINTAS CORPORATION #396 CARPET RUNNER - CDM $63.33MILLER JANITOR SUPPLY ICE MELT $784.00MILLER JANITOR SUPPLY TISSUE $43.88MILLER JANITOR SUPPLY TISSUE $21.94MILLER JANITOR SUPPLY TISSUE $21.94MILLER JANITOR SUPPLY ICE MELT $784.00MENARDS SHOVELS,GLOVES,HATS $198.20DRAIN DOCTOR FLOOR DRAIN KIT $85.00BILL'S KEY & LOCK SHOP 20 KEYS $17.00CINTAS CORPORATION #396 WEEKLY RUG SERVICE @ CDM $63.33PRAIRIE SIGNS INC WHITE DECALS/CDM $100.00NORMAL ROTARY CLUB PLANTS FOR CITY HALL $120.00WALMART COMMUNITY BRC HAND SANITIZER $30.90

PANTAGRAPH BANNER AD DIDN'T RUN ($100.00)T/N PETTY CASH-FINANCE DEPT NORENE HOMAN RETIREMENT $47.40QUILL CORPORATION CANON CALCULATOR $53.99W M PUTNAM COMPANY OFFICE SUPPLIES- 611 ANX $15.16W M PUTNAM COMPANY OFFICE SUPPLIES - ENG ANX $69.48W M PUTNAM COMPANY OFFICE SUPPLIES - C HALL $198.73W M PUTNAM COMPANY OFFICE SUPPLIES - CDM $95.71W M PUTNAM COMPANY CREDIT - COVERS / PW ($20.16)W M PUTNAM COMPANY LEGAL PADS - PW $5.75MIDLAND PAPER 20CS COPY PAPER $768.80QUILL CORPORATION CALENDARS $54.96QUILL CORPORATION PEN $29.99W M PUTNAM COMPANY 2012 LABELS $16.00BLOOMINGTON OFFSET PROCESS ENVELOPES $460.00

AMEREN ENERGY MARKETING ENERGY,MISO,RPS,DELIVERY $2,779.90

AMEREN ENERGY MARKETING ENERGY,MISO,RPS,DELIVERY $2,977.18

COMMUNICATION REVOLVING FUND COMM SVCS: OCT,2011 $1,116.48VERIZON WIRELESS - PA INV 2660563602 $380.74MNJ TECHNOLOGIES DIRECT INC PRIVACY SCREEN FILTER $83.00ADVANCED PROCESSING & IMAGING, INC ANNUAL MAINT/OPTIVIEW WEB $5,000.00FRONTIER ACCT 12 1174 2781396525 0 $296.46FRONTIER ACCT 1410420866-11311 $470.00FRONTIER ACCT 12 1184 2792080605 0 $30.48NEXTEL COMMUNICATIONS CELLULAR SERVICES $10,648.36FRONTIER ACCT 12 1184 2161576910 0 $508.99MNJ TECHNOLOGIES DIRECT INC HP TONERS $1,833.10SUNGARD PUBLIC SECTOR INC LICENSE FEES $700.00

BROMENN MEDICAL GROUP FLU SHOTS $400.00Jes Ryan WELLNESS REIMB $18.00Mindy Vaughn WELLNESS REIMB $36.00Pat Barnes WELLNESS REIMB $36.00Marilyn Choat WELLNESS REIMB $18.00Kathy Packard WELLNESS REIMB $18.00Sandy Fedden WELLNESS REIMB $18.00BROMENN MEDICAL GROUP DRUG TESTS $250.00Greater IL Chpt of IPMA-HR IPMA ILLINOIS DUES/JEN $25.00Greater IL Chpt of IPMA-HR IPMA ILLINOIS DUES/PAM $25.00

$9,882.43General Fund Facility Management Administration TotalGeneral Fund Finance Financial Services

$1,695.81General Fund Finance Financial Services TotalGeneral Fund Finance College Ave Parking Deck

$2,779.90General Fund Finance College Ave Parking Deck TotalGeneral Fund Finance Beaufort St. Deck Parking

$2,977.18General Fund Finance Beaufort St. Deck Parking TotalGeneral Fund Information Technology Administration

$21,067.61General Fund Information Technology Administration TotalGeneral Fund Human Resources Administration

$844.00General Fund Human Resources Administration Total


Vendor Name Description Transaction Amount

T/N PETTY CASH-FINANCE DEPT IPEA MEETING $20.00

RAY O'HERRON CO INC PANTS $58.9510-8 OUTFITTERS BATES BOOTS $170.9910-8 OUTFITTERS BATES BOOTS $170.99GALLS INC L/S SHIRTS W/EMBROIDERY $501.59RAY O'HERRON CO INC L/S SHIRTS $91.90RAY O'HERRON CO INC L/S SHIRTS, SGT CHEVRON $55.98RAY O'HERRON CO INC WMN PANTS $58.95RAY O'HERRON CO INC PANTS $201.9910-8 OUTFITTERS BOOTS $98.99AMEREN ENERGY MARKETING ENERGY,MISO,RPS,DELIVERY $86.21STERICYCLE INC MONTHLY FEE $60.12AT&T MONTHLY SERVICE $30.36SECRETARY OF STATE-INDEX DEPT NOTARY FEE - HACKMAN $10.00VAN GUNDY AGENCY NOTARY BOND - HACKMAN $75.00PURITAN SPRINGS WATER SERVICE: 11/09,11/10 $36.25U.S.BANK CID BACKGROUND INFO $63.50Il. Assoc. of Property & 2012 DUES-IL ASSOC OF PRO $25.00SECTY OF STATE-MOTOR VEH DIV RENEWAL PLATE $99.00MUNICIPAL ELECTRONICS INC GENESIS I AMP# G8760 $80.00U.S.BANK ERU HEADSET REPAIR $53.48DARNALL PRINTING RACIAL PROFILE FORMS $137.50U.S.BANK TRAVEL/TRNG.-MEALS/CONF.R $916.38U.S.BANK LODGING/MEALS - TRNG. $197.11U.S.BANK MEALS/LODGING/FUEL - TRNG $1,042.38U.S.BANK MEALS/FUEL - TRNG. $102.30FBI REG. - 4 FBINAA TRNG. $60.00PETCO ANIMAL SUPPLIES INC K9 SUPPLIES $51.99TWIN CITY AWARDS PLASTIC PHOTO TAG $15.00U.S.BANK FORENSIC SOFTWARE-FRED $493.88U.S.BANK YOUTH INTERVENT. SPEC. SU $54.84OFFICE DEPOT CREDIT PLAN PENS;USB;MOUSE;3 HOLE PUN $182.52

T/N FIRE PENSION FUND PAYROLL SUMMARY $46.44MUNICIPAL EMERGENCY SERVICES SUSPENDERS $157.30JOE GROPP FF BOOTS - GROPP $120.00TODD DENSLOW FIRE GEAR REPAIR $5.00MISC FIRE DEPT MCFCA DUES 2012 $10.00AMEREN ENERGY MARKETING ENERGY,MISO,RPS,DELIVERY $1,306.26INNOTECH COMMUNICATIONS REPAIR SIREN NCWHS $160.00INNOTECH COMMUNICATIONS REPAIR SIREN@COLLEGE/WYLE $138.68INNOTECH COMMUNICATIONS REPAIR SIREN RAAB/MAIN $138.68INNOTECH COMMUNICATIONS REPAIR SIREN PINE STREET $124.00CORN BELT ENERGY CORP CD SIREN $27.78CORN BELT ENERGY CORP SIREN - PARKSIDE $25.56CORN BELT ENERGY CORP FIRE STATION 3 $854.59CORN BELT ENERGY CORP SIREN - W. COLLEGE $27.36CORN BELT ENERGY CORP SIREN - IRONWOOD $26.95CORN BELT ENERGY CORP SIREN - RAAB RD $33.01RANEY TERMITE CONTROL INC MONTHLY SVC: NFD/-ALL 3 $100.50MORRIS AVENUE GARAGE AMBULANCE TESTING $60.00MARTIN BROTHERS REPLC GENERATOR CAPACITOR $163.29GLOBAL EMERGENCY PRODUCTS INC REPAIRS TO E-11 $625.48MUNICIPAL EMERGENCY SERVICES SWIVEL GASKET $18.60MCLEAN CO AREA EMS SYSTEM PEPP RENEWAL CLASS $420.00ROBERT COLLINS ADVANCE MEALS - 2 WEEKS $75.00ADVANCE AUTO PARTS MISC AUTO MAINT PARTS $26.46ADVANCE AUTO PARTS MISC AUTO MAINT PARTS $4.48MILLER JANITOR SUPPLY TOWELS,HAND CLEANER $223.48

General Fund Inspections Administration

$20.00General Fund Inspections Administration TotalGeneral Fund Police Administration

$5,283.15General Fund Police Administration TotalGeneral Fund Fire Administration


Vendor Name Description Transaction AmountMILLER JANITOR SUPPLY RUBBER FLOOR SQUEEGEE $51.24HEARTLAND HOME MEDICAL SUPPLY INC OXYGEN/FIRE HEADQUARTER $50.00HEARTLAND HOME MEDICAL SUPPLY INC OXYGEN - STATION 2 $50.00OSF MEDICAL GROUP PHARMACY-OCT/11/FD $461.51

LEMBKE INC HAULING SVC: 11/8 $552.50AMERICAN PEST CONTROL PIGEON REMOVAL $170.00LEMBKE INC PAPER HAULING $850.00AMERICAN PEST CONTROL RODENT REMOVAL $45.00J & R USED TIRE SERVICE USED TIRES $116.50J & R USED TIRE SERVICE USED TIRES $153.50J & R USED TIRE SERVICE USED TIRES $108.75ADVANCE AUTO PARTS TRILVL BRUSHES W/POLES $22.38MIDWEST EQUIPMENT II HOUSING FILTER $11.06

GETZ FIRE EQUIPMENT RESTOCK MEDICAL-PW/MAINT $137.35AMEREN ENERGY MARKETING ENERGY,MISO,RPS,DELIVERY $1,768.94AMERENIP POWER BILL PUBLIC WORKS 5 $215.78CENTRAL ILLINOIS DOOR MODEL 2700 OVERHEAD DOOR $4,360.00CENTRAL ILLINOIS DOOR MODEL 2700 OVERHEAD DOOR $410.00

RED WING SHOE STORE SAFETY BOOTS - J WINDHORN $94.49CINTAS CORPORATION #396 TWLS/SUPPLIES - PUB WKS $57.94CINTAS CORPORATION #396 UNIFORM RENTALS $57.94MUTUAL WHEEL CO BRAKE DRUM/SHOES- A26 $638.15DENNISON CORPORATION REPLACED REAR DIFF CVR $263.62DON OWEN TIRE SERVICE SVC CALL, REPAIRS (SHOP) $303.99MUTUAL WHEEL CO DRUMS - A26 $359.80MOTION INDUSTRIES INC AUGER BEARINGS - S90 $934.03DON OWEN TIRE SERVICE TIRES FOR STOCK $496.92EAST ST HARDWARE & TOOLS LOAD BINDER, QUICK LINKS $73.98REDNECK INC JACKS (FOR LEAF MACHINES) $192.67DENNISON CORPORATION WATER LEAKS / REPAIR $105.95DENNISON CORPORATION FUSES $5.70DON OWEN TIRE SERVICE FRONT END ALIGNMENT- U4 $49.95MARTIN EQUIPMENT OF IL INC FUEL PUMP $111.19BARNES DISTRIBUTION SHOP SUPPLIES $106.29KEY EQUIPMENT & SUPPLY CO HOLDING VALVE, EXH VALVE $168.63TERMINAL SUPPLY CO SOLENOID, MINI-FUSES $291.16ADVANCE AUTO PARTS SUPER GLUE $2.59BLOOMINGTON BTB ANCO REAR BLADE $9.69CUMMINS MID-STATES POWER INC UNION ELBOW - A24 $24.09INTERSTATE ALL BATTERY CENTER SRM-29 BATTERY (#9264) $107.55EAGLE AUTOMOTIVE WIRE ASSEMBLY $46.56CARQUEST AUTO PARTS OF BLM IL INC WASH SOLVENT $48.42CARQUEST AUTO PARTS OF BLM IL INC AUTO BATTERY $80.71MUTUAL WHEEL CO BAND CLAMPS, SS FLEX $31.52TERMINAL SUPPLY CO STARTER CABLES $173.43PRAIRIE ARCHWAY INT'L TRUCKS RADIO $165.74PRAIRIE ARCHWAY INT'L TRUCKS FUEL GAUGE $130.11MIDWEST EQUIPMENT II STARTER ROPE $1.50EAST ST HARDWARE & TOOLS LOAD BINDER, BEAD CHAIN $115.74KOENIG BODY & EQUIPMENT INC HYD MOTOR, ADAPTER BUSH $449.43CENTRAL ILLINOIS TRUCKS INC CLAMP - S17 $3.12LEMAN'S CHEVY CITY ABS REPAIRS $472.96SAM LEMAN INC AB SWITCH $57.60HELLER FORD ENGINE REPAIRS - 3N21 $344.63WHEELED COACH INDUSTRIES INC ELEC DISCONNECT $160.28EAGLE AUTOMOTIVE BATTERY CORE CREDIT ($18.00)KEY EQUIPMENT & SUPPLY CO ARM PLATES FOR SCOWS $465.59

$5,531.65General Fund Fire Administration TotalGeneral Fund Public Works Waste Removal

$2,029.69General Fund Public Works Waste Removal TotalGeneral Fund Public Works Administration

$6,892.07General Fund Public Works Administration TotalGeneral Fund Public Works Equipment Maintenance


Vendor Name Description Transaction AmountPRAIRIE ARCHWAY INT'L TRUCKS AIR COMPRESSOR FOR A26 $1,175.56Wiese USA MASTER CYLINDER FOR S49 $154.66DON OWEN TIRE SERVICE TIRE REPAIR ON U12 $26.62HOL-MAC CORPORATION NYLON ROLLER $175.50FASTENAL COMPANY SHEAR PIN BOLTS $7.38FASTENAL COMPANY SPRING PINS $0.78

TRAFFIC CONTROL CORPORATION VIDEO DETECTION SYSTEM $16,900.00AMEREN ENERGY MARKETING ENERGY,MISO,RPS,DELIVERY $29,224.42CORN BELT ENERGY CORP STREET LIGHTS $7,788.85AMEREN ENERGY MARKETING ENERGY,MISO,RPS,DELIVERY $2,303.05CORN BELT ENERGY CORP TRAFFIC SIGNALS $681.40IMSA-MIDWESTERN SECTION KRIS TOBERMAN DUES IMSA I $70.00ADVANCE AUTO PARTS PINS & CLIPS $11.58T/N PETTY CASH-FINANCE DEPT LUNCH EXPENSE $36.79TRAFFIC SIGN STORE STREET NAME SIGNS $222.00TRAFFIC SIGN STORE GEOFF FRUIN BLVD- SIGN $37.00TRAFFIC SIGN STORE STREET NAME SIGNS $296.00TRAFFIC SIGN STORE OAK ST SIGNS $74.00TRAFFIC SIGN STORE ALTERNATE ROUTE SIGNS $149.00MIDWEST CONSTRUCTION RENTALS YELLOW PAINT $33.00TRAFFIC SIGN STORE STREET NAME SIGNS $3,104.00FASTENAL COMPANY HEX NUTS $15.16FASTENAL COMPANY HEX BOLT $79.33EVERGREEN FS INC. LP GAS -- PW/#4675440 $48.00BLOOMINGTON BTB 5GAL SOLVENT $119.22MCLEAN COUNTY ASPHALT COLD MIX ASPHALT $248.90MCLEAN COUNTY MATERIALS CO RECYCLE CONCRETE $918.67PRAIRIE MATERIAL SALES INC CALCIUM CHLORIDE $531.00MCLEAN COUNTY ASPHALT COLD MIX ASPHALT $158.65

PARKWAY AUTO LAUNDRY CAR WASHES - ENG $14.00PURITAN SPRINGS WATER SERVICE: 11/09 $13.23

STARK EXCAVATING CONCRETE/AIRPORT/RAAB RD $4,300.00

AMEREN ENERGY MARKETING ENERGY,MISO,RPS,DELIVERY $56.58HANSON'S CLEANERS DRY CLEANING $60.20

GREAT PLAINS MEDIA WIBL-HAUNTED TRAIL $550.00

MINERVA SPORTSWEAR JR BASKETBALL SHIRTS $569.25READ'S SPORTING GOODS 2 BASKETBALLS $78.00READ'S SPORTING GOODS 2- EQUIP BAGS $39.90

ILLINOIS CENTRAL SCHOOL BUS CHARTER SVC- FIELD TRIPS $699.30DENNY'S DOUGHNUTS & BAKERY DOUGHNUTS, CIDER-P/REC $54.00

NATL RECREATION & PARK ASSN MEMBERSHIP RENEWAL $925.00

CORN BELT ENERGY CORP IRNWD CLBHSE $1,094.24NICOR GAS IRNWD CLBHSE $150.13CINTAS CORPORATION #396 CARPET RUNNER, SUPPLIES $40.43

$8,726.16General Fund Public Works Equipment Maintenance TotalGeneral Fund Public Works Streets

$63,050.02General Fund Public Works Streets TotalGeneral Fund Engineering Engineering Services

$27.23General Fund Engineering Engineering Services TotalGeneral Fund Engineering Road & Bridge

$4,300.00General Fund Engineering Road & Bridge TotalGeneral Fund Parks & Recreation Recreation/Youth Programs

$116.78General Fund Parks & Recreation Recreation/Youth Programs TotalGeneral Fund Parks & Recreation Recreation/Special Events

$550.00General Fund Parks & Recreation Recreation/Special Events TotalGeneral Fund Parks & Recreation Recreation/Teen Programs

$687.15General Fund Parks & Recreation Recreation/Teen Programs TotalGeneral Fund Parks & Recreation Rec.- Before/After School

$753.30General Fund Parks & Recreation Rec.- Before/After School TotalGeneral Fund Parks & Recreation Administration

$925.00General Fund Parks & Recreation Administration TotalGeneral Fund Parks & Recreation Golf Course


Vendor Name Description Transaction AmountCINTAS CORPORATION #396 RESTROOM SVC- IRNWOOD $114.68ILLINOIS PORTABLE TOILETS SERVICE: NOV-DEC,2011 $123.00

NICOR GAS IRNWD MAINT. $97.07CORN BELT ENERGY CORP IRNWD GOLF IRRIG. $731.73CORN BELT ENERGY CORP IRNWD MAINT. $275.47MENARDS SUPPLIES - PARKS/REC $115.29MILLER JANITOR SUPPLY SHOP TOWELS $72.37ERB TURF EQUIPMENT INC TINES $576.00

AMEREN ENERGY MARKETING ENERGY,MISO,RPS,DELIVERY $1,047.99NICOR GAS ACTIVITY CTR. $189.86NICOR GAS ACTIVITY CTR. $713.28

TWIN CITY ELECTRIC REPLACE UNDERGROUND FEED $2,402.00

THEATRE HISTORICAL SOCIETY MEMBERSHIP RENEWAL 2012 $75.00NICOR GAS ACCT # 79-72-62-2000 1/NO $508.60MOTION PICTURE PROJECTION SERVICES ANNUAL SERVICE $1,850.00INDEPENDENT MARKETING EDGE SUBSCRIPTION RENEWAL/Y037 $147.50THE FILM SALES COMPANY WISH ME AWAY $400.00FEDEX SHIPPING COSTS $181.04TWENTIETH CENTURY FOX FILMS FILM RENTAL $753.80DHL AIR & OCEAN FILM SHIPPING FEES $144.20UNIVERSAL FILM EXCHANGE INC FILM RENTAL $577.40MILLER JANITOR SUPPLY CLEANING SUPPLIES-16NPRTO $205.57MOTION PICTURE PROJECTION SERVICES KELMAR BELT KIT, CLUTCH $121.84

AMEREN ENERGY MARKETING ENERGY,MISO,RPS,DELIVERY $3,088.79NICOR GAS CDM GAS 10/20/11-11/18/11 $390.28PANTAGRAPH UPTOWN ADS/CDM $175.00LIMELIGHT COMMUNICATIONS AD-DECEMBER 2011-PASTELLE $450.00PREMIER PRINT GROUP ENVELOPES $251.00MENARDS SUPPLIES - PARKS/REC $23.31CONNECTICUT VALLEY BIOLOGICAL POND SNAILS $279.00PRAIRIE FARMS DAIRY INC MILK PRODUCTS $107.09DENNY'S DOUGHNUTS & BAKERY BDAY CAKE $13.95EDUCATIONAL INSIGHTS INC 50 GAMES/CDM $499.75RANDOM HOUSE, INC. CHILDRENS BOOKS/CDM $380.07KASKEY KIDS INC IL FOOTBALL GUYS/CDM $83.00KASKEY KIDS INC IL FOOTBALL GUYS/CDM $16.15KASKEY KIDS INC FOOTBALL,SOCCER GUYS/CDM $50.00KASKEY KIDS INC FOOTBALL,SOCCER GUYS/CDM $13.60KASKEY KIDS INC IL FOOTBALL GUYS/CDM $86.89HACHETTE BOOK GROUP 3 WOOD PUZZLES $14.09BEST OF BEST 24 SOCK MONKEYS $96.00BEST OF BEST SHIPPING $5.89BLUE ORANGE GAMES GIFT SHOP TOYS $432.00MELISSA & DOUG INC GIFT SHOP TOYS $512.22ENESCO LLC ERNIE HAND PUPPET $25.50ENESCO LLC ERNIE HAND PUPPET $2.17INFINITOY 6 ZOOB TOYS $75.00INFINITOY SHIPPING $7.80

AMEREN ENERGY MARKETING ENERGY,MISO,RPS,DELIVERY $722.42AMEREN ENERGY MARKETING ENERGY,MISO,RPS,DELIVERY ($187.82)NICOR GAS FV CONCESS. $214.78

$1,522.48General Fund Parks & Recreation Golf Course TotalGeneral Fund Parks & Recreation Golf Course Maintenance

$1,867.93General Fund Parks & Recreation Golf Course Maintenance TotalGeneral Fund Parks & Recreation Community Activity Center

$1,951.13General Fund Parks & Recreation Community Activity Center TotalGeneral Fund Parks & Recreation Tournament

$2,402.00General Fund Parks & Recreation Tournament TotalGeneral Fund Parks & Recreation Theater

$4,964.95General Fund Parks & Recreation Theater TotalGeneral Fund Parks & Recreation Children's Disc Museum

$7,078.55General Fund Parks & Recreation Children's Disc Museum TotalGeneral Fund Parks & Recreation Aquatics


Vendor Name Description Transaction AmountNICOR GAS FV POOL $1,662.00NICOR GAS AAC $173.63MENARDS SUPPLIES - PARKS/REC $143.85GREAT PLAINS MEDIA WIBL-HAUNTED TRAIL $650.00BRENNTAG MID-SOUTH INC CELATOM,BICARBONATE USP $839.56BRENNTAG MID-SOUTH INC CELATOM,BICARBONATE USP $3,252.94

CCP INDUSTRIES INC GOATSKIN GLOVES $84.60CCP INDUSTRIES INC GOATSKIN GLOVES $17.37CCP INDUSTRIES INC GOATSKIN GLOVES $84.60CHAD AND BRITTNEY JENSEN TREE REFUND $59.80AMEREN ENERGY MARKETING ENERGY,MISO,RPS,DELIVERY $397.61AMEREN ENERGY MARKETING ENERGY,MISO,RPS,DELIVERY $216.85AMEREN ENERGY MARKETING ENERGY,MISO,RPS,DELIVERY $90.94AMEREN ENERGY MARKETING ENERGY,MISO,RPS,DELIVERY $454.28AMEREN ENERGY MARKETING ENERGY,MISO,RPS,DELIVERY $113.63AMEREN ENERGY MARKETING ENERGY,MISO,RPS,DELIVERY $23.28AMEREN ENERGY MARKETING ENERGY,MISO,RPS,DELIVERY $107.62CORN BELT ENERGY CORP SIGN W. COLL. $25.89CORN BELT ENERGY CORP HORSESHOE PIT $26.29CORN BELT ENERGY CORP SIGN-IRNWD PK $33.23CORN BELT ENERGY CORP MXWELL W. CONCESS $1,740.94CORN BELT ENERGY CORP MXWELL FLD 1-4 $3,304.27CORN BELT ENERGY CORP IRNWD BB DIAM. $144.20CORN BELT ENERGY CORP MXWELL S.CONCESS. $110.60CORN BELT ENERGY CORP MAXWELL S BALL S. $85.34CORN BELT ENERGY CORP MAXWELL PK SHELT. $101.68CORN BELT ENERGY CORP MAXWELL PK TENNIS $84.98CORN BELT ENERGY CORP SAFETY TOWN $20.52CORN BELT ENERGY CORP SHEPARD PK $344.26CORN BELT ENERGY CORP SHED @ CHAMPION $40.07CORN BELT ENERGY CORP CONCESS.STAND CHAMP. $35.03NICOR GAS ANNEX BARN $110.63BRADFORD SUPPLY CO PVC SUPPLIES $85.78MENARDS SUPPLIES - PARKS/REC $933.78MENARDS SUPPLIES - PARKS/REC $11.92MENARDS SUPPLIES - PARKS/REC $104.43MENARDS SUPPLIES - PARKS/REC $17.94MCLEAN COUNTY CONCRETE CONCRETE $865.00DON OWEN TIRE SERVICE TIRES - R16 $689.96H & H INDUSTRIES INC STIHL COIL, REPAIRS $80.23H & H INDUSTRIES INC CARB KIT, REPAIRS $46.73ADVANCE AUTO PARTS MISC.AUTO PARTS $260.95BOBCAT OF PEORIA INC ADJUST CLUTCH ON MOWER $74.00BOBCAT OF PEORIA INC OIL & FUEL FILTERS $15.18REDNECK INC TRLR BRKT, CONNECTORS $61.09WHERRY MACHINE & WELDING INC WELD BRACKET $42.00INTERSTATE ALL BATTERY CENTER BATTERIES $138.00WHERRY MACHINE & WELDING INC MAILBOX REPAIRS $188.93MENARDS SUPPLIES - PARKS/REC $15.52MIDWEST EQUIPMENT II CHAINS $104.25MIDWEST EQUIPMENT II FILLER CAP $6.41NAPA AUTO PARTS RELAY,CONNECTOR,FUSE $22.05DON OWEN TIRE SERVICE TIRES FOR R-9 $118.57ILLINOIS PORTABLE TOILETS SERVICE: NOV-DEC,2011 $1,798.53WEAVER'S RENT-ALL BRICK TABLE GAS $40.00ILLINOIS STANDARD PARTS INC PAINT, HOOKS, DUCT TAPE, $212.59ILLINOIS STANDARD PARTS INC CHEM, BLK TIES, SCREWS $111.58MATHIS KELLY CONSTRUCTION ORANGE&YELLOW FLAGS $30.82MATHIS KELLY CONSTRUCTION RED SAFETY PAINT $38.70MENARDS SUPPLIES - PARKS/REC $493.92MENARDS SUPPLIES - PARKS/REC $31.91MENARDS SUPPLIES - PARKS/REC $142.09

$7,471.36General Fund Parks & Recreation Aquatics TotalGeneral Fund Parks & Recreation Parks Maintenance


Vendor Name Description Transaction AmountMATHIS KELLY CONSTRUCTION CAULKING $49.68MATHIS KELLY CONSTRUCTION CAULK GUN $62.01MATHIS KELLY CONSTRUCTION BACKER ROD $2.50MATHIS KELLY CONSTRUCTION CAULKING, BACKER ROD $66.10MCLEAN COUNTY ASPHALT COLD MIX ASPHALT $54.15MCLEAN COUNTY MATERIALS CO #8 STONE $194.29BILL'S KEY & LOCK SHOP KEYS / PARKS AND REC $71.40

Tim Powell 705 BROADWAY BONE GRANT $630.00

AMEREN ENERGY MARKETING ENERGY,MISO,RPS,DELIVERY $132.49T/N PETTY CASH-FINANCE DEPT RECORDING FEES $21.00

MCLEAN COUNTY CONCRETE CONCRETE - ANDERSON PARK $129.75MENARDS SUPPLIES - PARKS/REC $29.99MENARDS SUPPLIES - PARKS/REC $8.32

CLARK DIETZ INC UPTOWN PLAN REVIEW $3,010.61

FARNSWORTH GROUP UPTOWN CONSTRUCTION $1,912.00

FARNSWORTH GROUP COMMERCE BANK SERVICES $1,505.10RIVER CITY DEMOLITION MASONIC LODGE DEMOLITION $35,774.10

WAS CON CO 2011 SIDEWALKS $27,242.94

WATER PRODUCTS CO OF ILLINOIS TAP SLEEVES, VALVES $2,162.00FERGUSON WATERWORKS 3/4 T10 METERS $11,892.00MEDLIN, NANCY 305 KIMBERLY DR REFUND $419.84

NEXTEL COMMUNICATIONS CELLULAR SERVICES $66.00VERIZON WIRELESS - PA INV 2660571623 $240.49SERVICE ENVELOPE CORP REGULAR ENVELOPES $461.25SERVICE ENVELOPE CORP REGULAR ENVELOPES $141.20CASEY'S GARDEN SHOP INC FLOWERS FOR PAYNE FUNERAL $40.00OFFICE DEPOT INC STAPLER $20.69

WEST SIDE CLOTHING PANTS/ROBERT MILLER $120.00RAILROAD MANAGEMENT COMP LLC WATER PIPELINE LEASE $388.88AMEREN ENERGY MARKETING ENERGY,MISO,RPS,DELIVERY $319.66

$15,141.50General Fund Parks & Recreation Parks Maintenance Total

$200,097.29General FundBone Grant Fund Inspections Bone Grant

$630.00Bone Grant Fund Inspections Bone Grant Total

$630.00Bone Grant FundCommunity Development Fd Community Development Administration

$153.49Community Development Fd Community Development Administration Total

$153.49Community Development FdCapital Investment Fund Other-Capital Investment Capital Investment

$168.06Capital Investment Fund Other-Capital Investment Capital Investment Total

$168.06Capital Investment FundUptown Roads Other-Capital Investment Roads & Storm Sewers

$3,010.61Uptown Roads Other-Capital Investment Roads & Storm Sewers Total

$3,010.61Uptown RoadsUptown Program/Planning Other-Capital Investment Consultants/Studies/Misc

$1,912.00Uptown Program/Planning Other-Capital Investment Consultants/Studies/Misc Total

$1,912.00Uptown Program/PlanningUptown Mixed Use Bldg E&F Other-Capital Investment Mixed Use Building - "E"

$37,279.20Uptown Mixed Use Bldg E&F Other-Capital Investment Mixed Use Building - "E" Total

$37,279.20Uptown Mixed Use Bldg E&FUptown S. of Tracks P Other-Capital Investment Area South of Tracks -"P"

$27,242.94Uptown S. of Tracks P Other-Capital Investment Area South of Tracks -"P" Total

$27,242.94Uptown S. of Tracks PWater Fund

$14,473.84Water Fund TotalWater Fund Water Administration

$969.63Water Fund Water Administration TotalWater Fund Water Distribution


Vendor Name Description Transaction AmountMCLEAN COUNTY CONCRETE FLOWABLE FILL $780.26MCLEAN COUNTY CONCRETE CONCRETE $86.50MCLEAN COUNTY ASPHALT COLD MIX ASPALT $361.00MCLEAN COUNTY ASPHALT BITUMINOUS SURFACE $522.33MCLEAN COUNTY CONCRETE FLOWABLE FILL $138.96MCLEAN COUNTY CONCRETE CONCRETE $302.75MCLEAN COUNTY CONCRETE FLOWABLE FILL $224.42MARTIN BROTHERS OIL, FUEL FILTERS $133.75MARTIN BROTHERS CREDIT - FILTERS ($32.73)NEXTEL COMMUNICATIONS CELLULAR SERVICES $935.00PRAXAIR DISTRIBUTION INC CYLINDER RENTAL - WELDING $23.40WATER PRODUCTS CO OF ILLINOIS 12" EXTENSION $435.00CRESCENT ELECTRIC SUPPLY CO ELECTRICAL SUPPLIES $166.74CRESCENT ELECTRIC SUPPLY CO ELECTRICAL SUPPLIES $47.40CRESCENT ELECTRIC SUPPLY CO ELECTRICAL SUPPLIES $36.67WATER PRODUCTS CO OF ILLINOIS MEDALLION EXTENSIONS $904.80WATER PRODUCTS CO OF ILLINOIS MEDALLIONS,VALVE PLATE $833.51WATER PRODUCTS CO OF ILLINOIS 1X6 PATCH CLAMP $167.74WATER PRODUCTS CO OF ILLINOIS 4 MJ CAP, BORING FEE $412.00WATER PRODUCTS CO OF ILLINOIS 4 MJ CAP, BORING FEE $400.00WATER PRODUCTS CO OF ILLINOIS 6 MJ CAP C153 $49.00WATER PRODUCTS CO OF ILLINOIS 6 MJ CAP, BORING FEE $49.00WATER PRODUCTS CO OF ILLINOIS 6 MJ CAP, BORING FEE $40.00CASEY'S GARDEN SHOP INC FLOWERS FOR BURKHART BABY $40.00

WEST SIDE CLOTHING COAT-MARK COWLES $126.00AMEREN ENERGY MARKETING ENERGY,MISO,RPS,DELIVERY $21,774.69CORN BELT ENERGY CORP PUMP STATION - OCTOBER 20 $1,318.24CORN BELT ENERGY CORP HERSHEY RD BOOSTER PUMP - $883.31CORN BELT ENERGY CORP RECORDING EQUIPMENT - OCT $22.00MATHIS KELLY CONSTRUCTION CONCRETE REMESH $833.04MATHIS KELLY CONSTRUCTION CONCRETE REMESH $48.60K & K TOOL & DIE INC FABRICATE SHAFT SLEEVES $495.76OFFICE DEPOT INC UPS BATTERIES $107.98DRYDON EQUIPMENT INC ANNUAL INSPECT-ACTUATOR $176.62CUMMINS MID-STATES POWER INC GENERATOR ANTIFREEZE $141.96CUMMINS MID-STATES POWER INC GENERATOR HOSE $15.05SIDENER ENVIRONMENTAL SERVICES INC CHLORINE ANALYZER KIT $220.34SIDENER ENVIRONMENTAL SERVICES INC CHLORINE ANALYZER KIT $15.83MAAS RADIATOR CLEAN RADIATOR $283.20CENTRAL ILLINOIS TRUCKS INC EXHAUST CLAMPS $29.28CENTRAL ILLINOIS TRUCKS INC EXHAUST CLAMPS $16.00CUMMINS MID-STATES POWER INC AIR FILTER $56.78ALTORFER INC GENERATOR AIR FILTER $46.88ALTORFER INC GENERATOR WATER PUMP $242.79SPRINGFIELD ELECTRIC CO FILLER PLATE $3.82IL OFFICE OF THE STATE FIRE MARSHAL BOILER INSPECTIONS - WATE $100.00NEXTEL COMMUNICATIONS CELLULAR SERVICES $85.00MICKEY'S LINEN TWLS/SUPPLIES - #447401 $32.14MIDWEST CONSTRUCTION RENTALS 7HP TILLER $52.50MICKEY'S LINEN TOWELS $32.29PRAXAIR DISTRIBUTION INC CYLINDER RENTAL - WELDING $23.40MENARDS PVC MASON STRAPS, CONDUIT $13.46FASTENAL COMPANY PARTS $11.70MENARDS 70# SAND IN A TUBE $26.64MENARDS REFUND - SUPPLIES ($23.96)MENARDS SUPPLIES/WATER $24.98MCMASTER-CARR SUPPLY CO GLASS GAUGE, TUBE CUTTER, $60.46MCMASTER-CARR SUPPLY CO DRAWBAR INSERT $106.48IDEXX COLISURE, SAMPLE BOTTLES $816.38ENVIRONMENTAL RESOURCE ASSOC POTABLE COLIFORM MICROBE $264.05MENARDS LAMP/WATER DEPT $22.88FASTENAL COMPANY PARTS/WATER DEPT $26.62

$7,886.04Water Fund Water Distribution TotalWater Fund Water Treatment


Vendor Name Description Transaction AmountFASTENAL COMPANY DRILL TAP BIT/WATER $61.02WALMART COMMUNITY BRC SUPPLIES FOR WATER LUNCHE $91.59OFFICE DEPOT INC PLASTIC FORK,FOAM CUPS $37.79MISSISSIPPI LIME COMPANY LIME FOR WATER TREATMENT $3,249.16MISSISSIPPI LIME COMPANY LIME FOR WATER TREATMENT $3,249.16CONTINENTAL CARBONIC PRODUCTS INC LCO2 SALES $1,318.50MISSISSIPPI LIME COMPANY LIME FOR WATER TREATMENT $3,193.47MISSISSIPPI LIME COMPANY GRAN STANDARD QUICKLIME $3,172.75

CLARK DIETZ INC WELL WTR #18 SERVICE $9,541.69CLARK DIETZ INC MAIN ST WATER MAIN REPLC $9,850.00CLARK DIETZ INC GROVE ST WATER MAIN RPLC $275.00CLARK DIETZ INC OAK ST WATER MAIN REPLC $7,207.23

C&H DISTRIBUTORS LLC POWDR COAT RAILS & POSTS $2,698.00C&H DISTRIBUTORS LLC POWDR COAT RAILS & POSTS $278.80

Ed Fleming REIMBURSEMENT FOR CLOTHIN $244.48AMEREN ENERGY MARKETING ENERGY,MISO,RPS,DELIVERY $408.23CORN BELT ENERGY CORP SEWAGE PUMP STATIONS $2,543.76NEXTEL COMMUNICATIONS CELLULAR SERVICES $425.00COPY SHOP PLAN COPIES (PW) $6.00MATHIS KELLY CONSTRUCTION MESH LIME-VESTS,TAPE $35.91WATER PRODUCTS CO OF ILLINOIS FRAME AND GRATE $644.93WATER PRODUCTS CO OF ILLINOIS PVC PIPE $53.48PRAIRIE MATERIAL SALES INC MX10123 JOB $322.00PRAIRIE MATERIAL SALES INC MX14678 JOB $130.50SPRINGFIELD ELECTRIC CO RELAY SWITCHES $53.54

BLUE CROSS BLUE SHIELD OF ILL INDIV STOP LOSS SEP 11 ($1,892.21)

BLUE CROSS BLUE SHIELD OF ILL STOP LOSS SPECIFIC - OCT $16,350.00BLUE CROSS BLUE SHIELD OF ILL BLUE CROSS CLAIMS - OCT $90,734.99BLUE CROSS BLUE SHIELD OF ILL BLUE SHIELD CLAIMS - OCT $120,487.97BLUE CROSS BLUE SHIELD OF ILL DRUG CLAIMS - OCT $51,968.97BLUE CROSS BLUE SHIELD OF ILL RX CREDIT - OCT ($3,130.48)BLUE CROSS BLUE SHIELD OF ILL ACCESS FEE - OCT $2,565.21BLUE CROSS BLUE SHIELD OF ILL RX CREDIT - SEP 11 ADJ ($848.68)BLUE CROSS BLUE SHIELD OF ILL ADMIN FEES - OCT $18,739.28BLUE CROSS BLUE SHIELD OF ILL ADMIN FEES - SEP 11 ADJ $891.98

RYAN, JESSICA CONTRACTUAL SERVICES RYAN $100.00

$42,906.63Water Fund Water Treatment Total

$66,236.14Water FundWater Capital Investment Water Capital Investment

$26,873.92Water Capital Investment Water Capital Investment Total

$26,873.92Water Capital InvestmentSewer Fund Sewer Capital Investment

$2,976.80Sewer Fund Sewer Capital Investment TotalSewer Fund Sewer Administration

$4,867.83Sewer Fund Sewer Administration Total

$7,844.63Sewer FundHealth & Dental Ins Fund

($1,892.21)Health & Dental Ins Fund TotalHealth & Dental Ins Fund Administration - City Mgr Health Insurance

$297,759.24Health & Dental Ins Fund Administration - City Mgr Health Insurance Total

$295,867.03Health & Dental Ins FundPolice Pension Fund Police Police Pension

$100.00Police Pension Fund Police Police Pension Total

$100.00Police Pension Fund

$667,415.31Grand Total

TOWN COUNCIL ACTION REPORT

December 1, 2011

Motion to Approve the Year 2012 Town Meeting Calendar PREPARED BY: Wendellyn Briggs, Town Clerk

REVIEWED BY: Mark R. Peterson, City Manager

BUDGET IMPACT: N/A STAFF RECOMMENDATION: Approval ATTACHMENTS: Proposed Calendar BACKGROUND The proposed meeting calendar is distributed yearly in December, setting forth the meeting dates of the Town Boards and Commissions for the following year. Attached is a copy of the 2012 meeting calendar. The City Council is scheduled to meet on the first and third Mondays of each month, unless this date falls on an official Town of Normal holiday or on another widely observed holiday. There are three dates affected by holidays: the New Year Holiday, Martin Luther King Day, and Labor Day. The Council meeting date changes for these holidays are as follows: New Year Holiday Tuesday, January 3, 2012 Martin Luther King Day Tuesday, January 17, 2012 Labor Day Tuesday, September 4, 2012 DISCUSSION/ANALYSIS Staff has reviewed this schedule, and, therefore, if you find the schedule to be in order, it would be appropriate for you to adopt a motion that the proposed 2012 meeting schedule be adopted. Once this schedule has been adopted, it will be incorporated into the Town’s website.

MEETING DATES AND TIMES OF CITY COUNCIL AND BOARDS AND COMMISSIONS OF THE TOWN OF NORMAL

CALENDAR YEAR 2012

All Meetings held at Normal City Hall, 100 E. Phoenix Avenue, Normal, Illinois, unless otherwise noted

CITY COUNCIL ZONING BOARD OF APPEALS First and Third Mondays of each month - Third Thursday of each month – 5:00 p.m., 7:00 p.m., prevailing time prevailing time 1/3/12 (T) 1/19/12 1/17/12 (T) 2/16/12 2/6/12 3/15/12 2/20/12 4/19/12 3/5/12 5/17/12 3/19/12 6/21/12 4/2/12 7/19/12 4/16/12 8/16/12 5/7/12 9/20/12 5/21/12 10/18/12 6/4/12 11/15/12 6/18/12 12/20/12 7/2/12 7/16/12 8/6/12 PLANNING COMMISSION 8/20/12 First Thursday following the first 9/4/12 (T) Monday of each month – 5:00 p.m., 9/17/12 prevailing time 10/1/12 10/15/12 1/5/12 11/5/12 2/9/12 11/19/12 3/8/12 12/3/12 4/5/12 12/17/12 5/10/12 6/7/12 7/5/12 LOCAL LIQUOR COMMISSION 8/9/12 Third Monday of January, March, July, and 9/6/12 October. Times to be set by Commissioner. 10/4/12 11/8/12 1/17/12 (T) 12/6/12 3/19/12 7/16/12 10/15/12 BOARD OF LOCAL IMPROVEMENTS All meetings at the Call of the Mayor. PUBLIC HEARING ON PROPOSED BUDGET

3/5/12 – 7:00 p.m., prevailing time

PAGE 2 - 2012 CALENDAR – TOWN OF NORMAL FIRE PENSION BOARD Fourth Tuesday of every other month, 9:30 a.m., prevailing time, at Headquarters Fire Station 2/28/12 4/24/12 6/26/12 8/28/12 10/23/12 12/18/12 BUILDING BOARD OF APPEALS Bi-Annually and at the Call of the Chairman 4/11/12 10/10/12 HUMAN RELATIONS COMMISSION Ten regular meetings set in Sept. of each year; other meetings at Call of the Chairperson – 5:15 p.m., prevailing time 1/17/12 2/21/12 3/20/12 4/17/12 5/15/12 8/21/12 9/18/12 10/16/12 11/20/12 12/4/12 THEATER ADVISORY BOARD All meetings at the call of the Chairman of the Board.

HISTORIC PRESERVATION COMMISSION Second Tuesday of each month – 12:30 p.m., prevailing time 1/10/12 2/14/12 3/13/12 4/10/12 5/8/12 6/12/12 7/10/12 8/14/12 9/11/12 10/9/12 11/13 /12 12/11/12 POLICE PENSION BOARD Third Wednesday of Every Other Month 9:00 a.m., prevailing time – Police Library 1/18/12 3/21/12 5/16/12 7/18/12 9/19/12 11/21/12 UPTOWN DESIGN REVIEW COMMISSION Second Monday of each month, 4:00 p.m. prevailing time 1/9/12 2/13/12 3/12/12 4/9/12 5/14/12 6/11/12 7/9/12 8/13/12 9/10/12 10/8/12 11/12/12 12/10/12

PAGE 3 – 2012 CALENDAR – TOWN OF NORMAL RUSSIA SISTER CITY COMMITTEE First Tuesday of each month, 7:00 p.m., prevailing time, location of meetings in the homes of committee members 1/3/12 2/7/12 3/6/12 4/3/12 5/1/12 6/5/12 7/3/12 8/7/12 9/4/12 10/2/12 11/6/12 12/4/12

JAPANESE SISTER CITY COMMITTEE First Monday of each month, 6:30 p.m., prevailing time, at the Upstairs Community Room at the Central Illinois Regional Airport 1/2/12 2/6/12 3/5/12 4/2/12 5/7/12 6/4/12 7/2/12 8/6/12 9/10/12 (second Monday) 10/1/12 11/5/12 12/3/12

2012 HOLIDAY SCHEDULE

Monday, January 2, 2012 New Year’s Day Monday, January 16, 2012 Martin Luther King, Jr. Holiday (classified employees) Monday, May 28, 2012 Memorial Day Wednesday, July 4, 2012 Fourth of July Monday, September 3, 2012 Labor Day Thursday, November 22, 2012 Thanksgiving Day Friday, November 23, 2012 Day after Thanksgiving Monday, December 24, 2012 Floating Holiday Tuesday, December 25, 2012 Christmas Holiday


December 1, 2011

Resolution Waiving the Formal Bidding Process and Accepting a Proposal from Stark Excavating in the Amount of $63,320 for the Installation of a Cistern for the Gateway Plaza Project PREPARED BY: Wayne Aldrich, Uptown Development Director REVIEWED BY: Mark R. Peterson, City Manager BUDGET IMPACT: Funds in the amount of $63,320 are budgeted in Contingency

Line Item 332-9835-466.30-80 for the Uptown Station Project STAFF RECOMMENDATION: Approval ATTACHMENTS: Proposed Resolution, Proposal from Stark Excavating

BACKGROUND On June 21, 2010, the Town Council authorized a contract with River City Construction for the Multimodal Transportation Center project, now called Uptown Station. The primary drainage systems for Uptown Station were to be constructed as a part of this contract. These drains capture runoff from the railroad platform and the main building and outlet into a storm sewer pipe located in the proposed Gateway Plaza area.

As a part of the Gateway Plaza project, a cistern was proposed to collect and store the stormwater from the platforms and building for irrigation of the plaza landscaping. Because the designs for the Gateway Plaza project were still under development after the award of the Uptown Station project, the cistern installation was not part of the River City Construction contract. It was anticipated that the cistern installation would be added to the River City contract as extra work funded through the project contingency funds and installed with the other drainage work.

On August 15, 2011, the Town Council authorized the State of Illinois to award a contract to Stark Excavating, Inc. for the construction of the Gateway Plaza. Due to specific design issues related to the cistern and scheduling of the drainage work by River City Construction, Town staff determined that it would be prudent to request a proposal from both Stark Excavating and River City Construction to install the cistern.

DISCUSSION/ANALYSIS River City Construction and its subcontractor reviewed the work necessary for the installation of the cistern with the intention of submitting a proposal. Due to the need to bring an additional subcontractor for the work, River City did not submit a written proposal for the work. Rather, they verbally provided to Town staff a proposed amount that was not competitive with the $63,320 proposal submitted by Stark Excavating.


Stark Excavating will begin the Gateway Plaza work soon, and the installation of the cistern by Stark will minimize coordination necessary with other contractors. Thus, Town staff recommends accepting the proposal from Stark Excavating in the amount of $63,320. It is not recommended that this work be added to the Gateway Plaza contract due to the state and federal funding sources on that project. This work will be performed under a separate agreement.

RESOLUTION NO. _____________

A RESOLUTION WAIVING THE FORMAL BIDDING PROCESS AND ACCEPTING A PROPOSAL FROM STARK EXCAVATING IN THE AMOUNT OF $63,320.00 FOR THE INSTALLATION OF CISTERN FOR THE GATEWAY PLAZA PROJECT WHEREAS, the Town of Normal is a home rule unit of local government with authority to legislate in matters concerning its local government and affairs; and WHEREAS, the Town of Normal is constructing a Multi-Modal Transportation Center now known as Uptown Station; and WHEREAS, it is necessary to provide appropriate drainage system for the Uptown Station and for the railroad platform associated with the station; and WHEREAS, the Town has requested proposals from River City Construction and Stark Excavating to install a cistern in Gateway Plaza immediately adjacent to Uptown Station; and WHEREAS, River City did not submit a written proposal for the work; and WHEREAS, Stark Excavating proposed to perform the cistern installation work for $63,320.00; and WHEREAS, it is in the best interests of the health, safety and welfare of the citizens of Normal to waive the formal bidding process and to accept a proposal from Stark Excavating in the amount of $63,320.00 for the installation of a cistern for the Gateway Plaza Project. NOW, THEREFORE, BE IT RESOLVED BY THE PRESIDENT AND BOARD OF TRUSTEES FOR THE TOWN OF NORMAL, ILLINOIS: SECTION ONE: That the formal bidding process is hereby waived and the proposal from Stark Excavating in the amount of $63,320.00 for the installation of a cistern for the Gateway Plaza Project in accordance with the proposal dated November 17, 2011, attached hereto and incorporated herein by reference be and the same is hereby accepted.

ADOPTED this _____ day of _____________, 2011. APPROVED: ____________________________________

President of the Board of Trustees of the Town of Normal, Illinois

ATTEST: ______________________________________ Town Clerk (seal)


December 1, 2011

Resolution Authorizing Execution of an Agreement with Resource One for the Purchase and Installation of Furniture, Furnishings and Equipment for Uptown Station in the Amount of $456,292.43 PREPARED BY: Pamela S. Reece,Deputy City Manager REVIEWED BY: Mark R. Peterson, City Manager BUDGET IMPACT: Funds for this component of the project are budgeted in

FY2011-12 and FY2012-13 in line item 332-9835-466.46-90. The budget for this portion of Uptown Station furnishings is $553,841.

STAFF RECOMMENDATION: Approval ATTACHMENTS: Proposed Resolution; Vendor Quotation Tabulation

BACKGROUND The Town has been working closely with RATIO Architects and Cotter Consulting to prepare for the final stages of the Uptown Station project. One of the final components prior to occupancy is the installation of furniture, fixtures and equipment (FFE). In anticipation of occupancy in 2012, the project team has been developing the plan for furniture selection, acquisition and installation.

FFE for Uptown Station was divided into two packages:

Package One: Workstations for all departments and private offices; Filing and Storage Systems

Package Two: All other furnishings, including but not limited to “soft seating” in reception areas, conference room tables and seating, transportation waiting area seating;

The project team elected to proceed with Package One by using a standard furniture selection approach for a project of this magnitude. Following a tour in September 2009 to the Merchandise Mart in Chicago to meet with a variety of office furniture vendors, the team selected four office furniture manufacturers for further consideration. The four manufacturers all have sales and service offices located in Central Illinois.

In April 2010, the four vendors were invited to make a presentation to the project team. Presentations focused on vendor experience, product quality, service philosophy and company reputation. Staff remained confident that all four vendors were capable of fulfilling the requirements of FFE Package One. Therefore, in October 2011, the four vendors were invited to submit a comprehensive quotation on all FFE components of Package One.


DISCUSSION/ANALYSIS Proposals for FFE Package One were due on Wednesday, November 19, 2011. RATIO Architects performed a thorough analysis of the proposals and has provided the attached quotation comparison worksheet. In summary, the quotations were as follows: DEALER MANUFACTURER AMOUNT

Resource One, Springfield IL Knoll $456,292.43 Illini Supply, Decatur, IL Haworth $458,965.31* Widmer, Normal, IL Herman Miller $518,182.81 Lincoln Office, Bloomington, IL Steelcase $563,476.27

*quotation was submitted approximately 1 minute after the noon deadline, inside a sealed cardboard container rather than a sealed envelope as stipulated in the request for quotations. The benefit of this process is that all vendors have identified a cost per unit for each item in addition to a total cost based on the quantity identified for the project. Should quantities change, such as adding or subtracting workstations, or modifying the number of file cabinets, the price per unit is identified and the Town retains flexibility to modify final quantities. The low quotation of $456,292 from Resource One is $97,549 under the budget estimate of $553,841 for FFE Package One. Funds are budgeted in the Uptown Capital Investment Fund 332-9835-466.46.90 in FY2011-12 and FY2012-13. Staff recommends that Council authorize the execution of an agreement with Resource One for the purchase and installation of workstations, filing systems and storage components associated with FFE Package One for Uptown Station.

RESOLUTION NO. _____________

A RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH RESOURCE ONE FOR FURNITURE, FURNISHINGS AND EQUIPMENT FOR THE NORMAL MULTI-MODAL TRANSPORTATION CENTER PROJECT WHEREAS, the Town of Normal is a home rule unit of local government with authority to legislate in matters concerning its local government and affairs; and WHEREAS, the Town of Normal requested proposal for office furniture, furnishings and equipment in connection with the Normal Multi-Modal Transportation Center Project; and WHEREAS, the Town of Normal received proposals from Illini Supply, Lincoln Office, Resource One and Widmer Interiors; and WHEREAS, Resource One proposed to supply the requested furniture, furnishings and equipment at the lowest price of $456,292.43; and WHEREAS, it is in the best interests of the health, safety and welfare of the citizens of Normal to enter into an agreement with Resource One for furniture, furnishings and equipment for the Normal Multi-Modal Transportation Center Project. NOW, THEREFORE, BE IT RESOLVED BY THE PRESIDENT AND BOARD OF TRUSTEES FOR THE TOWN OF NORMAL, ILLINOIS: SECTION ONE: That the President be and he is hereby authorized to execute for and on behalf of the Town of Normal a mutually agreeable agreement with Resource One for furniture, furnishings and equipment for the Normal Multi-Modal Transportation Center Project.

ADOPTED this ________ day of __________________, 2011.

APPROVED: ____________________________________ President of the Board of Trustees of the Town of Normal, Illinois ATTEST: __________________________________ Town Clerk (seal)


December 1, 2011

Resolution Consenting to the Assignment of M & I’s Rights under that Certain Conditional Assignment of Development Rights and Collateral Assignment of Payments Dated as of January 12, 2010 PREPARED BY: Steven D. Mahrt, Corporation Counsel REVIEWED BY: Mark R. Peterson, City Manager BUDGET IMPACT: None STAFF RECOMMENDATION: Approval ATTACHMENTS: Resolution and Assignment

BACKGROUND On April 17, 2006 the Town entered into a redevelopment agreement with Constitution Trail LLC for the redevelopment of property at the northeast intersection of Main Street and Raab Road in Normal. Under the terms of the agreement, the Town agreed to remit certain described sales tax receipts generated from sales on the property. On January 12, 2010 Constitution Trail LLC entered into a Conditional Assignment of Development Rights and Collateral Assignment of Payments for the benefit of its lender, M & I Marshall and Ilsley Bank.

Subsequently the bank filed a foreclosure action against Constitution Trail LLC seeking title to the property. The bank then conveyed all of its rights, title and interests in its Loan Agreements with Constitution Trail LLC to TNP SRT Constitution Trail, LLC (Assignee). Assignee then completed the foreclosure action against Constitution Trail LLC and obtained title to the property. Assignee as owner of the property has asked the town to remit sales tax receipts to it pursuant to the terms of the original redevelopment agreement. Under section 5.2(e) of the redevelopment agreement the right to receive sales tax receipts under the redevelopment agreement must be assigned pursuant to a separate written instrument. The attached Assignment serves as that separate written instrument.

DISCUSSION/ANALYSIS The attached assignment authorizes the Town to remit sales tax receipts under the April 17, 2006 Redevelopment Agreement to the named Assignee TNP SRT Constitution Trail LLC. Under the terms of section 5.2(e) of the Redevelopment Agreement the Town must consent to any assignment of the sales tax proceeds. Exhibit C to the Assignment is written documentation of such consent. The Town is currently holding approximately $55,470 in sales tax money and will disburse these funds to the Assignee upon execution of the attached Assignment and Consent.

RESOLUTION NO. ___________

A RESOLUTION CONSENTING TO THE ASSIGNMENT OF M&I’S RIGHTS UNDER THAT CERTAIN CONDITIONAL ASSIGNMENT OF DEVELOPMENT RIGHTS AND COLLATERAL ASSIGNMENT OF PAYMENTS DATED AS OF JANUARY 12, 2010 WHEREAS, the Town of Normal is a home rule unit of local government with authority to legislate in matters concerning its local government and affairs; and WHEREAS, the Town of Normal entered into a Development Agreement with Constitution Trail LLC, a Nebraska Limited Liability Company dated April 17, 2006 for the development of certain property within the Town of Normal; and WHEREAS, Constitution Trail LLC made an assignment of the Development Agreement and its right to sales tax proceed under said Agreement to Marshall and Ilsley Bank dated January 12, 2010; and WHEREAS, Marshall and Ilsley Bank has sold and otherwise conveyed all of its interests under the Development Agreement to TNP SRT Constitution Trail LLC, a Delaware Limited Liability Company dated June 21, 2011; and WHEREAS, Section 5.2 E. of the Development Agreement requires a separate assignment of the sales tax receipts as defined in the Development Agreement; and WHEREAS, Marshall and Ilsley Bank has executed an assignment of its interests in the sale tax receipts under the Development Agreement in favor of TNP SRT Constitution Trail, LLC; a copy of which is marked Exhibit A and attached hereto by reference; and WHEREAS, it is in the best interests of the health, safety and welfare of the citizens of Normal to consent to said assignment. NOW, THEREFORE, BE IT RESOLVED BY THE PRESIDENT AND BOARD OF TRUSTEES FOR THE TOWN OF NORMAL, ILLINOIS: SECTION ONE: That the President be and he is hereby authorized to execute for and on behalf of the Town of Normal the Consent and Acknowledgment of Assignment of M & I’s Rights Under that Certain Conditional Assignment of Development Rights and Collateral Assignment of Payments dated as of January 12, 2010. A copy of said Assignment and Consent and Acknowledgement is marked Exhibit A, attached hereto and incorporated herein by reference.

SECTION TWO: That the Town Clerk be and she is hereby authorized and directed to attest the signature of the President on said Consent and retain a fully executed original of the Consent and Assignment in her office for public inspection. ADOPTED this _____ day of ________________, 2011. APPROVED: ____________________________________ President of the Board of Trustees of the Town of Normal, Illinois ATTEST: _____________________________________ Town Clerk (seal)


December 1, 2011

Resolution Accepting a Quit Claim Deed for Property—Kelley Glen Outlots PREPARED BY: Steven D. Mahrt, Corporation Counsel REVIEWED BY: Mark R. Peterson, City Manager BUDGET IMPACT: None STAFF RECOMMENDATION: Approval ATTACHMENTS: Resolution and Quit Claim Deed

BACKGROUND On September 3, 2002 the Town entered into an annexation agreement with the owners of property now known as Kelley Glen Subdivision located at the southwest corner of Raab and Towanda. Under the terms of the agreement the owners agreed to dedicate certain property to the Town of Normal in exchange for parkland fee credit. The owner of the property has executed a deed conveying title to Outlots A, B and C to the Town. These parcels are located in that portion of Kelley Glen currently improved with residential housing.

DISCUSSION/ANALYSIS Staff has inspected the described Outlots and finds it appropriate to accept ownership of the same. The Outlots are currently landscaped with turf, shrubs and trees. Staff intends to maintain Outlots A and B as currently landscaped and will plant trees on Outlot C. There are no plans to construct any fixtures or place any playground equipment on the Outlots.

RESOLUTION NO. ___________

A RESOLUTION ACCEPTING QUITCLAIM DEED FROM LFH-100, L.L.C.

WHEREAS, the Town of Normal is a Home Rule unit of local government with authority to legislate in matters concerning its local government and affairs; and

WHEREAS, LFH-100, L.L.C, the owner of property described herein, has

executed a Quitclaim Deed conveying property to the Town of Normal; and WHEREAS, it is in the best interest of the health, safety and welfare of the

citizens of Normal to accept said property. NOW, THEREFORE, BE IT RESOLVED BY THE PRESIDENT AND BOARD

OF TRUSTEES OF THE TOWN OF NORMAL, ILLINOIS:

SECTION ONE: That the Town of Normal hereby accepts the property described in the attached Quitclaim Deed. A copy of said Quitclaim Deed is marked Exhibit "A,” attached hereto and incorporated herein.

SECTION TWO: That the Town Clerk be and she is hereby authorized and

directed to record a certified copy of this Resolution with the attached Quitclaim Deed in the office of the Recorder of Deeds for McLean County.

SECTION THREE: A. PIN: 14-22-280-001, 14-22-228-001 and 14-22-226-026.

ADOPTED this ________ day of __________________, 2011.

APPROVED:

____________________________________ President of the Board of Trustees of the Town of Normal, Illinois ATTEST: __________________________________ Town Clerk (seal) Prepared by: Steven D. Mahrt, Corporation Counsel, 100 East Phoenix Avenue, Normal, Illinois 61761 Return to: Clerk, Town of Normal, 100 East Phoenix Avenue, Normal, Illinois 61761


December 1, 2011

A Resolution Conditionally and Partially Approving the Final Plat of the Resubdivision Lot 1, Animal Haven Clinic Subdivision by Expedited Process PREPARED BY: Mercy Davison, Town Planner REVIEWED BY: Mark R. Peterson, City Manager Steve D. Mahrt, Corporation Counsel BUDGET IMPACT: N/A STAFF RECOMMENDATION: Conditional Approval ATTACHMENTS: Proposed Resolution; Aerial Map

BACKGROUND In 1999 the Town Council approved a one-lot Final Plat of the Animal Haven Subdivison by expedited process (Res. No. 2584). The property has for many years been home to the Kruger Animal Hospital (2824 W. Hovey). In recent years the Krugers built a storage building to the west of the veterinary clinic. At this time the Krugers propose to subdivide the property into 2 lots. Lot 1 (0.95 +/- acres) is the site of the vet clinic. Lot 2 (0.33 +/- acres) is the site of the storage building. The new proposed lot lines leave both structures in compliance with setbacks. Utilities have already been extended to the site, and all development fees were paid at the time of final platting in 1999. DISCUSSION/ANALYSIS Final Plats may be approved via expedited process when the plat includes no more than three lots, when all property is contiguous and under common ownership, when no public improvements are necessitated, and when no code waivers are requested. This is the case for the Final Plat of the Resubdivision Lot 1, Animal Haven Clinic Subdivision. Town staff has reviewed the proposed Final Plat and finds it to be in substantial compliance with all applicable subdivision and development codes. The approving resolution contains conditions prior to recording, including the need to revise the plat to show a general utility easement five feet in width along the west, north, and east perimeter of the Subdivision. Thus, Town staff recommends conditional and partial approval of the proposed Final Plat of the Resubdivision Lot 1, Animal Haven Clinic Subdivision.

RESOLUTION NO. ____________ A RESOLUTION CONDITIONALLY AND PARTIALLY APPROVING THE FINAL PLAT OF THE RESUBDIVISION LOT 1, ANIMAL HAVEN CLINIC SUBDIVISION BY EXPEDITED PROCESS WHEREAS, a petition has been presented to the Town for approval of a final plat pursuant to the expedited review process of the Town Subdivision Code; and WHEREAS, the final plat as submitted depicts a total of not more than three lots and out-lots and consists of contiguous property under common ownership or unified control; and

WHEREAS, it is in the best interests of the health, safety, and welfare of the citizens of Normal to grant a conditional partial approval of said final plat; NOW, THEREFORE, BE IT RESOLVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE TOWN OF NORMAL, ILLINOIS:

SECTION ONE: That this resolution pertains to the Final Plat of the Resubdivision lot 1, Animal Haven Clinic Subdivision, prepared by David P. Brown, Professional Land Surveyor No. 2725 dated November 1, 2011, bearing Town of Normal file stamp dated November 22, 2011.

SECTION TWO: That the approval hereby granted is subject to the following

waivers: None.

SECTION THREE: That the approval hereby granted is subject to the following conditions:

a. The subdivider shall post a bond and security as required by Chapter 16 of the Municipal Code, Town of Normal. The Corporation Counsel of the Town of Normal be, and he is hereby authorized and directed to review the security posted to secure the statement of agreement and subdivision bond for said subdivision; and if, in his opinion, the security conforms to all requirements of the Town of Normal, note his approval on this Resolution. If, in his opinion, the security does not conform to all requirements of the Town of Normal, acceptance or rejection of such security shall be vote of the Corporate Authority of the Town of Normal, Illinois.

b. The bond and security shall be posted within ninety days from the

approval of this Resolution. In the event the bond and security is not posted before the deadline established herein, this Resolution shall be void, and the owner of the premises shall re-petition the Town of Normal for approval of the final plat.

c. Payment of all applicable subdivision fees including but not limited to

water tap-on, storm water detention fee, sanitary sewer tap-on fee, and plan review and inspections fee, all as determined by the Town Engineer.

d. Submission of owners, drainage, County Clerk’s and School District’s

certificates.

e. Submit plat in digital format as required by Town Code. f. Revise plat to show general utility easement five feet in width along the

west, north, and east perimeter of the Subdivision.

SECTION FOUR: That the Town hereby specifically reserves the acceptance for maintenance of streets and other public utilities shown on the approved plat.

SECTION FIVE: That upon meeting the conditions imposed above, the Town

Clerk be and she is hereby authorized and directed to certify, record, and file a fully executed copy of this resolution and said plat in the manner provided by law.

SECTION SIX: That the public dedication of property as reflected on the final plat is hereby accepted.

SECTION SEVEN: The Parcel Identification Numbers for this property are:

___________________________. ADOPTED this ________ day of __________________________, 2011.

APPROVED: ____________________________________


ATTEST: ___________________________________ Town Clerk (seal) APPROVAL OF CONDITIONS: ___________________________________ Corporation Counsel Done this ____ day of ___________, 2011. This Resolution prepared by Steven D. Mahrt, Corporation Counsel, Town of Normal,

100 E. Phoenix Avenue, Normal, IL 61761 Return to: Clerk, Town of Normal, 100 E. Phoenix Ave., Normal, IL 61761


December 1, 2011

Ordinance Amending Sec. 25.16-4 of the Municipal Code – Waiver of Permit Fees for EV Charging Station Installation PREPARED BY: Mercy Davison, Town Planner REVIEWED BY: Mark R. Peterson, City Manager Steve D. Mahrt, Corporation Counsel Greg Troemel, Director of Inspections BUDGET IMPACT: The estimated revenue lost is $250 per charging station per

year, with the dollar amount varying depending on the extent of electrical work to be performed.

STAFF RECOMMENDATION: Approval ATTACHMENTS: Proposed Ordinance

BACKGROUND As part of the EVTown initiative, the EVTown task force has discussed how to support local residents’ purchase of electric vehicles. Incentives already approved by the Town Council include the rebate of local sales tax on an EV purchased in Normal and the provision of several free charging stations throughout the community.

The task force also discussed the potential to waive permit fees related to the installation of charging stations at residential and commercial properties. The attached code amendment proposes the waiver of building and electrical permit fees for charging stations installed before December 31, 2014.

DISCUSSION/ANALYSIS Town staff believes the proposed incentive is an important part of the larger EVTown strategy. It will provide Town residents a meaningful financial incentive without significantly impacting the Town’s revenue or workload for inspectors. A sunset date of December 31, 2014 is proposed to support the early adopters of EV vehicle use. Thus, Town staff recommends approval of the proposed ordinance amendment.

ORDINANCE NO. ________

AN ORDINANCE AMENDING CHAPTER 25 OF THE MUNICIPAL CODE – FEE WAIVERS FOR ELECTRIC VEHICLE SUPPLY EQUIPMENT WHEREAS, the Town of Normal is a home rule unit of local government with authority to legislate in matters concerning its local government and affairs; and WHEREAS, the Town of Normal has undertaken the EV Town Initiative and in connection therewith has already provided certain incentives such as local sales tax rebate for the purchase of electric vehicles by residents of the Town of Normal; and WHEREAS, the Town of Normal has undertaken a project to install electric vehicle charging stations throughout the community; and WHEREAS, the President and Board of Trustees for the Town of Normal desire to provide an incentive for private property owners to install electric vehicle charging stations within the Town of Normal; and WHEREAS, it is in the best interests of the health, safety and welfare of the citizens of Normal to waive building permit fees and electrical fees otherwise applicable to the installation of electric vehicle charging stations on private property in the Town of Normal. NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES FOR THE TOWN OF NORMAL, ILLINOIS: SECTION ONE: That Chapter 25 of the Municipal Code Town of Normal, Illinois 1969, as amended, be and the same is hereby further amended by adding a new Section 25.16-7 to read as follows: SEC. 25.16-7. WAIVER OF FEES.

The City Manager shall have the authority to waive the following fees set forth in this Division: A. Building Permit and Electrical Permit Fees associated with the installation of an

electric vehicle charging station. Such fee waiver authority shall be valid only until January 1, 2015 and shall apply only to electric vehicle charging stations for the recharging of electric vehicles, plug-in hybrid electric/gasoline vehicles and other such rechargeable vehicles licensed by the State of Illinois for use on public highways within the State.

SECTION TWO: That the Municipal Code, Town of Normal, Illinois, 1969, as previously amended and as amended herein shall remain in full force and effect. SECTION THREE: That the Town Clerk be and she is hereby directed and authorized to publish this ordinance in pamphlet form as provided by law.

SECTION FOUR: That this ordinance shall take effect ten days after the date of its publication. SECTION FIVE: That this Ordinance is adopted pursuant to Home Rule Authority granted the Town of Normal by Article 7, Section 6, of the Illinois Constitution, 1970. APPROVED: ___________________________________ President of the Board of Trustees of The Town of Normal, Illinois ATTEST: ____________________________________ Town Clerk (seal)

The foregoing ordinance was voted upon and passed by the President and Board of Trustees of the Town of Normal on the ____ day of ____________, 2011, with ______ voting aye; _______ abstaining; _______ voting nay: and ______ absent.

AYE NAY OTHER AYE NAY OTHERCouncilwoman Reece Councilman Chambers Councilman Nielsen Councilwoman Gaines Councilman Fritzen Mayor Koos Councilman Scott

The foregoing ordinance was approved by the President and Board of Trustees of the

Town of Normal on the _____ day of _______________, 2011.

The foregoing ordinance was published in pamphlet form on the ___ day of _____________, 2011.

General Orders


December 1, 2011

An Ordinance Annexing Property to the Town of Normal – Morningstar United Methodist Church (3714 Ft. Jesse Road) PREPARED BY: Mercy Davison, Town Planner REVIEWED BY: Mark R. Peterson, City Manager Steven D. Mahrt, Corporation Counsel BUDGET IMPACT: N/A STAFF RECOMMENDATION: Approval ATTACHMENTS: Proposed Ordinance; Aerial Map; Petition to Annex

BACKGROUND The Morningstar Church property at 3714 Ft. Jesse Road is located at the southeast corner of the Trails on Sunset Lake Subdivision. The church property contains a church facility and a parsonage and is currently in the county. The land to the north and west of the church is within the Town’s boundaries. The land to the south is within the City of Bloomington boundaries. The land to the east is unannexed farmland. The church property includes one lot of record and an adjacent strip of land along the north, totaling approximately 6.75 acres in size.

As indicated in the attached Petition, the church is requesting to be annexed into the Town of Normal. The church plans to connect to Town water soon after annexation. They will connect to sanitary sewer when it becomes available. They do not plan any additional development of the site at this time. When future development is proposed, the church will proceed through the Site Plan process.

The church is aware that there may be fees charged by the City of Bloomington for storm water detention (the property drains to Bloomington) and for the adjacent roadway fee. The church will pay a water system development fee to the Town when it connects to the water main. Also at that time, the church will pay the fee owed to Dr. Koe for the water main that he built to Franklin Heights. The church will pay the sanitary sewer tap-on fee upon connection to the sanitary system.

Because this is an annexation without an agreement, there is no need for a public hearing or Planning Commission involvement. However, a public hearing will be required through the Planning Commission for the rezoning of the land.

DISCUSSION/ANALYSIS The church is surrounded by development on three sides and is adjacent to the Town’s boundaries on two sides. Thus, it is appropriate to annex the property. The following report pertains to the initiation of a Zoning Map Amendment for this property, which must be rezoned from County Agriculture to an appropriate Town zoning classification.

ORDINANCE NO. __________ AN ORDINANCE ANNEXING PROPERTY TO THE TOWN OF NORMAL – MORNINGSTAR UNITED METHODIST CHURCH – FORT JESSE ROAD

WHEREAS, the Town of Normal is a Home Rule unit of local government with authority to legislate in matters concerning its local government and affairs; and

WHEREAS, the Town of Normal has authority pursuant to Illinois Municipal Code to annex property to the corporate limits of the Town of Normal upon petition of property owners thereof; and

WHEREAS, the Town of Normal has received a petition for annexation of certain

property to the Town of Normal; and WHEREAS, it is in the best interest of the health, safety, and welfare of the

citizens of Normal to annex the property described in said petition to the Town of Normal.

NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE TOWN OF NORMAL, ILLINOIS:

SECTION ONE: That all of the property described in the Annexation Plat of Morningstar United Methodist Church prepared by Matthew A. Schwenk, Illinois Professional Land Surveyor No. 3657 dated September 29, 2011, Town of Normal file stamp dated October 3, 2011, attached hereto by reference be and the same is hereby annexed to the Town of Normal and the corporate limit map of the Town of Normal is hereby amended accordingly.

SECTION TWO: That the Town Clerk be and she is hereby authorized and directed to file a certified copy of this ordinance along with the annexation plat attached hereto with the County Clerk of McLean County and provide such other notice of annexation as required by law.

SECTION THREE: That the Town Clerk be and she is hereby directed and authorized to publish this ordinance in pamphlet form as provided by law.

SECTION FOUR: That this ordinance shall take effect ten days after its publication as provided by law.

SECTION FIVE: That this ordinance is adopted pursuant to Home Rule

Authority granted the Town of Normal by Article 7, Section 6, of the Illinois Constitution, 1970. SECTION SIX: That this Ordinance pertains to property identified as Parcel No. 15-19-300-011. APPROVED:

_________________________________________ President of the Board of Trustees of the Town of Normal, Illinois

ATTEST: _______________________________________ Town Clerk (seal)

The foregoing ordinance was voted upon and passed by the President and Board

of Trustees of the Town of Normal on the ____ day of ____________, 2011, with ______ voting aye; _______ abstaining; _______ voting nay: and ______ absent.

AYE NAY OTHER AYE NAY OTHERCouncilwoman Reece Councilman Chambers Councilman Nielsen Councilwoman Gaines Councilman Fritzen Mayor Koos Councilman Scott

The foregoing ordinance was approved by the President and Board of Trustees of the Town of Normal on the _____ day of _______________, 2011. The foregoing ordinance was published in pamphlet form on the ___ day of _____________, 2011.


December 1, 2011

Motion Initiating a Zoning Map Amendment – Morningstar Church, 3417 Ft. Jesse Road PREPARED BY: Mercy Davison, Town Planner REVIEWED BY: Mark R. Peterson, City Manager Steven D. Mahrt, Corporation Counsel Greg Troemel, Director of Inspections BUDGET IMPACT: N/A STAFF RECOMMENDATION: Approval ATTACHMENTS: Zoning Map

BACKGROUND The Morningstar Church property at 3714 Ft. Jesse Road is located at the southeast corner of the Trails on Sunset Lake Subdivision. As more fully explained in the previous Town Council Action Report, the church has requested to be annexed into the Town of Normal. Presuming that the annexation was approved, it would be appropriate for the Town Council to initiate a Zoning Map Amendment to change the Agriculture zoning classification to S-2 Public Lands & Institutions.

DISCUSSION/ANALYSIS Town staff recommends that the Town Council initiate the Zoning Map Amendment process. If initiated, the amendment would proceed to a public hearing at the Planning Commission’s January 5, 2012 meeting.


December 1, 2011

Resolution Authorizing Execution of a Redevelopment Agreement Between the Town of Normal and Normal Lodging LLC Pertaining to the Redevelopment of the Former Holiday Inn Property Located at 8 Traders Circle in North Normal PREPARED BY: Mark R. Peterson, City Manager BUDGET IMPACT: No budget impact. Public financial participation in project will

be limited to new revenue generated from project. Current budget assumes no revenue from project.

STAFF RECOMMENDATION: Approval ATTACHMENTS: Proposed Resolution, Proposed Agreement

BACKGROUND As the Council is aware, the old Holiday Inn property in north Normal (8 Traders Circle) has been vacant since 2006. The Town entered into a redevelopment agreement with Global Hotel Management in August of 2008 (Resolution # 4247) pertaining to the redevelopment of this vacant hotel property as a Crowne Plaza Hotel. Several months after work was started on the project, the developer failed to secure the necessary financing to continue with the project and work was halted. There was a significant period of time in which the property was tied up in a foreclosure proceeding. The previous developer did complete some key elements of the project including mold abatement, roof replacement, replacement of windows and building façade replacement and interior demolition. However, there remains much work to be done in order for the facility to qualify for occupancy.

Once the foreclosure proceeding was completed, the owner of the property, Morton Community Bank of Morton, Illinois, conducted an auction to sell the property. The property was purchased at auction by Swift Hospitality, Inc. of Freeport, Illinois. Swift is a mid-sized hotel development and management company that owns and operates a number of hotels in Illinois and surrounding states. Swift, along with other project partners, formed Normal Lodging LLC as the ownership entity for this property.

Normal Lodging LLC has indicated its plans to redevelop this site for a hotel conference center to be flagged as a Radisson property. Radisson is generally considered to be a very reputable upscale hotel brand. The Doubletree Hotel in Bloomington was previously flagged as a Radisson.

The property was purchased by the developer from Morton Community Bank two years ago for a sum of $2 million at the foreclosure auction. Normal Lodging LLC has indicated its plan to invest approximately $13.5 million in the hotel, bringing the total project investment up to $15 million. However, in order for the project to be financially viable, Swift has indicated that they will need assistance from the Town in the form of rebates from the existing TIF that covers this property, as well as from Hotel/Motel Tax receipts.


Staff has negotiated a public participation package that is reflected in the proposed agreement. When the renovation of the property is completed, the hotel will offer 158 guest rooms in a full service hotel that will also have an in-house restaurant operation. It will also operate an adjacent 12,000 square foot of conference center. The Town Finance Department staff, in conjunction with the City Manager’s office, has carefully reviewed the project pro forma submitted by the developers. It is the conclusion of staff that the project pro forma is accurate and that it demonstrates that public assistance will be necessary for the project to yield a rate of return sufficient to cover the necessary debt service and to provide the operator with a reasonable profit. Based upon the staff review of the project pro forma, the following public participation package has been negotiated with the developer.

1. A Tax Increment Financing District covering this single property was approved by the Council in 2008. This TIF, per State Statute, can run for a period of 23 years in total. The proposed agreement calls for the developer to receive a reimbursement of all proceeds into this TIF for its remaining life. Based upon the project pro forma (income and expense projections) staff estimated that the developer will recover $3.9 million from the TIF fund.

2. In addition to the TIF reimbursement, the agreement reflects the commitment of the Town to rebate to the developer of all of the Hotel/Motel Tax revenue from this property for a period of seven years. It is estimated that this rebate will generate approximately $1.7 million to the developer to offset costs associated with the renovation of this property.

The aforementioned public participation components are only triggered if the hotel project is completed in accordance with the plans and specifications that will be submitted and approved by the Town. The public participation is further conditioned upon the developer’s success in obtaining a Radisson flag for the hotel and conference center property. As is projected above, the developer will likely capture a total of $5.6 million in the form of TIF and Hotel/Motel Tax rebates over the life of the project. However, these funds are rebated back to the developer over a period of time as they are earned by the project. Therefore, the Net Present Value (in 2011 dollars) of the Town funding is $3,560,000.

DISCUSSION/ANALYSIS Staff has thoroughly investigated the developer/operator of the planned Radisson Hotel, Swift Hospitality, and found that they are a reputable firm that, by all indications, is financially strong. For the past three years, Swift has been named to the Top 100 Hotel Owners and Developers list by Hotel Business Magazine. We also are confident that they have relationship with a lender that will allow them to raise sufficient funds to complete the project in a quality fashion. Radisson is a quality brand that will ensure that the facility is of high quality and is well maintained. Radisson, we believe, is comparable to the Crowne Plaza brand that was proposed by the previous developer who unfortunately was not able to complete the project. The public participation components of the projects, although significant, represent no risk to the Town given that the rebates will only be forwarded to the developer if the project is completed in accordance with the Town’s expectations and that the dollars are actually generated by the project. There is no cash outlay by the Town in advance of the revenue being received through TIF and Hotel/Motel Tax, therefore, the Town is not at risk. We further believe that the public participation element is at a reasonable level. Clearly, the developer is going to make a large investment in this property and the public elements are, we believe, essential in making the project financially viable. It is my understanding that David Swift, the President and CEO of Swift Hospitality, will be at your meeting on Monday evening to address any questions you have about the project and/or his company. Further, the redevelopment agreement was principally negotiated and drafted by Steve Mahrt and Jack Teplitz. Both attorneys will be in attendance at the meeting on Monday evening if you have any specific questions about the redevelopment agreement.

RESOLUTION NO. ________

A RESOLUTION AUTHORIZING EXECUTION OF A REDEVELOPMENT AGREEMENT WITH NORMAL LODGING LLC – RADISSON WHEREAS, the Town of Normal is a home rule unit of local government with authority to legislate in matters concerning its local government and affairs; and WHEREAS, the Town of Normal has designated an area known as Main/I-55 as a redevelopment project area pursuant to the Illinois Tax Increment Allocation Redevelopment Act; and WHEREAS, Normal Lodging LLC, an Illinois Limited Liability Company, has acquired property located within the redevelopment project area, being a former Holiday Inn at 8 Traders Circle, Normal, Illinois; and WHEREAS, the redeveloper desires to redevelop said property, removing the blighting conditions existing at the hotel property; and WHEREAS, redeveloper is willing to invest an estimated $15,000,000.00 to rehabilitate the hotel property; and WHEREAS, such investment in the property will help arrest blighting conditions outside of the property, enhance the quality of life in Normal, provide an economic stimulus to the area, attract other private development which will enhance the tax base of the Town and further the objectives of the redevelopment plan for the redevelopment project area; and WHEREAS, the Town of Normal has authority pursuant to its home rule powers and the Illinois Tax Increment Allocation Redevelopment Act to provide the redeveloper with public assistance to help alleviate certain private costs of the redeveloper; and WHEREAS, it is in the best interests of the health, safety and welfare of the citizens of the Normal to enter into a Redevelopment Agreement with Normal Lodging LLC for the redevelopment of the property described in said Agreement. NOW, THEREFORE, BE IT RESOLVED BY THE PRESIDENT AND BOARD OF TRUSTEES FOR THE TOWN OF NORMAL, ILLINOIS:

SECTION ONE: That the President be and he is hereby authorized to execute for and on behalf of the Town of Normal, a Redevelopment Agreement with Normal Lodging LLC, an Illinois Limited Liability Company, for the redevelopment of property located in the Main/I-55 Redevelopment Project Area. A copy of said Redevelopment Agreement is attached hereto as Exhibit A and incorporated herein by reference. SECTION TWO: That the Town Clerk be and she is hereby authorized and directed to attest the signature of the President on said Redevelopment Agreement and retain a fully executed copy of said Agreement in her office for public inspection. ADOPTED this ____ day of ___________________, 2011.

APPROVED: _________________________________________


ATTEST: __________________________________ Town Clerk (seal)

Prepared by Jack B. Teplitz & Associates.

TOWN OF NORMAL/RADISSON

REDEVELOPMENT AGREEMENT

TABLE OF CONTENTS

Page

Normal/Radisson Redevelopment Agreement 110311 i

RECITALS .................................................................................................................................... 1 ARTICLE I: DEFINITIONS ....................................................................................................... 2 ARTICLE II: DEVELOPMENT OF THE PROJECT ............................................................. 4

2.1 Development of the Project ........................................................................................................ 4

2.2 Progress Reports ......................................................................................................................... 4

2.3 Preliminary Plans ....................................................................................................................... 4

2.4 Approval of Preliminary Plans by Town .................................................................................. 4

2.5 Final Site Plan ............................................................................................................................. 5

2.6 Construction Plans ..................................................................................................................... 5

2.7 Amended Construction Plans .................................................................................................... 5

2.8 Commencement and Completion Requirements ..................................................................... 5 2.8.1 Commencement ............................................................................................................................... 5 2.8.2 Completion ....................................................................................................................................... 5

2.9 Certificate of Completion ........................................................................................................... 6

2.10 Form of Certification .................................................................................................................. 6

2.11 Quality of Construction and Conformance to Federal, State and Local Requirements ...... 6

2.12 Utilities ......................................................................................................................................... 6

2.13 Insurance ..................................................................................................................................... 6 2.13.1 Liability Insurance Prior to Completion ....................................................................................... 6 2.13.2 Builder's Risk Prior to Completion ............................................................................................... 7

2.14 Lien Waivers ............................................................................................................................... 7

2.15 Rights of Inspection .................................................................................................................... 7 ARTICLE III: TOWN OBLIGATIONS .................................................................................... 7

3.1 Public Investment ....................................................................................................................... 7

3.2 Zoning .......................................................................................................................................... 7

3.3 Easements .................................................................................................................................... 8 ARTICLE IV: PUBLIC INVESTMENT.................................................................................... 8

4.1 Public Investment ....................................................................................................................... 8

4.2 Adjusment of Public Investment ............................................................................................... 8 ARTICLE V: CONDITIONS PRECEDENT TO TOWN OBLIGATIONS AND ONGOING BENEFITS ................................................................................................................ 9

5.1 Conditions Precedent to Transaction ........................................................................................ 9 ARTICLE VI: DEVELOPMENT AND OPERATION OF THE PROJECT ......................... 9

6.1 Compliance with Applicable Law ............................................................................................. 9

6.2 Operation and Maintenance of the Hotel ................................................................................. 9

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Normal/Radisson Redevelopment Agreement 110311 ii

6.3 Minimum Cost of Hotel ............................................................................................................ 10

6.4Final Project Cost Analysis for the Hotel .................................................................................... 10 ARTICLE VII: REDEVELOPER COVENANTS AND RESTRICTIONS.......................... 10

7.1 Project Subject to Redevelopment Plan and Agreement ...................................................... 10

7.2 Non-discrimination ................................................................................................................... 10

7.3 Property Taxes .......................................................................................................................... 10

7.4 Reserved .................................................................................................................................... 11

7.5 Duration of Covenants ............................................................................................................. 11

7.6 Covenants Running with the Land ......................................................................................... 11

7.7 Covenants Binding for the Benefit of Town ........................................................................... 11

7.8 Forms of Covenants and Restrictions ..................................................................................... 11 ARTICLE VIII: INDEMNIFICATION ................................................................................... 11

8.1 Redeveloper Indemnification of the Town ............................................................................. 11

8.2 Town Indemnification of the Redeveloper ............................................................................. 12 ARTICLE IX: PROHIBITIONS AGAINST ASSIGNMENT AND TRANSFER ............... 13

9.1 Prohibition Against Transfer of Project and Hotel Property Prior to Completion of Construction .............................................................................................................................. 13 9.1.1 Prohibitions ................................................................................................................................... 13 9.1.2 Conditions for Approval ............................................................................................................... 13

9.2 Transfer of Project After Completion of Construction ......................................................... 14

9.3 Status of Assignee ..................................................................................................................... 15

9.4 Assignment to Affiliated Entity ............................................................................................... 15

9.5 No Release of Redeveloper ....................................................................................................... 15 ARTICLE X: DEFAULT AND REMEDIES ........................................................................... 15

10.1 Events of Default ....................................................................................................................... 15 10.1.1 Misrepresentation ......................................................................................................................... 15 10.1.2 Breach ............................................................................................................................................ 16

10.2 Remedies Upon Default ............................................................................................................ 16

10.3 Other Rights and Remedies of Town and Redeveloper: Delay in Performance Waiver ... 16 10.3.1 No Waiver by Delay ...................................................................................................................... 16 10.3.2 Rights and Remedies Cumulative ................................................................................................ 17 10.3.3 Delay in Performance ................................................................................................................... 17

ARTICLE XI: TERMINATION OF AGREEMENT ............................................................. 17 11.1 Termination by the Town ........................................................................................................ 17

11.2 Termination by the Redeveloper ............................................................................................. 17 ARTICLE XII: MORTGAGE FINANCING AND RIGHTS OF MORTGAGEES ............ 18

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Normal/Radisson Redevelopment Agreement 110311 iii

12.1 Limitation Upon Encumbrance of Property .......................................................................... 18

12.2 Mortgage .................................................................................................................................... 18

12.3 Mortgagee Not Obligated to Construct .................................................................................. 18

12.4 Consent of Mortgagee Required .............................................................................................. 18

12.5 Notice to Town .......................................................................................................................... 18

12.6 Default Notice ............................................................................................................................ 19

12.7 Notice of Termination .............................................................................................................. 20

12.8 Procedure on Default ................................................................................................................ 20 ARTICLE XIII: EQUAL EMPLOYMENT OPPORTUNITY .............................................. 22

13.1 Non-Discrimination .................................................................................................................. 22

13.2 Advertising ................................................................................................................................ 22 ARTICLE XIV: REPRESENTATIONS OF THE REDEVELOPER ................................... 22

14.1 Organization .............................................................................................................................. 22

14.2 Authorization ............................................................................................................................ 22

14.3 Non-Conflict or Breach ............................................................................................................ 22

14.4 Pending Lawsuits ...................................................................................................................... 23

14.5 Location of Project ................................................................................................................... 23

14.6 Conformance with Requirements ........................................................................................... 23 ARTICLE XV: REPRESENTATIONS OF THE TOWN ...................................................... 23

15.1 Organization and Authorization ............................................................................................. 23

15.2 Redevelopment Plan ................................................................................................................. 23

15.3 Non-Conflict or Breach ............................................................................................................ 23

15.4 Pending Lawsuits ...................................................................................................................... 23 ARTICLE XVI: MISCELLANEOUS ...................................................................................... 23

16.1 Prevailing Wages ...................................................................................................................... 23

16.2 Authorized Representatives ..................................................................................................... 24 16.2.1 Redeveloper ................................................................................................................................... 24 16.2.2 Town ............................................................................................................................................... 24

16.3 Entire Agreement ..................................................................................................................... 24

16.4 Binding Upon Successors in Interest ....................................................................................... 24

16.5 Titles of Paragraphs ................................................................................................................. 24

16.6 Notices ........................................................................................................................................ 24

16.7 Severability ................................................................................................................................ 25

TABLE OF CONTENTS

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Normal/Radisson Redevelopment Agreement 110311 iv

16.8 Project Sign ............................................................................................................................... 25

16.9 Memorandum of Agreement ................................................................................................... 25

16.10 Further Assistance and Corrective Instruments .................................................................... 25

16.11 Environmental Remediation .................................................................................................... 25

16.12 Time for Performance .............................................................................................................. 25 EXHIBITS\l 1 .............................................................................................................................. 27

Exhibit 1 Project Site ....................................................................................................................... 28

Exhibit 2 Project Site ....................................................................................................................... 29

Exhibit 3 Project .............................................................................................................................. 30

Exhibit 4 Declaration of Covenants, Uses and Restrictions ......................................................... 31

Exhibit 5 Memorandum of Agreement .......................................................................................... 35

Normal/Radisson Redevelopment Agreement 110311 1

THIS TOWN OF NORMAL/RADISSON REDEVELOPMENT AGREEMENT (the "Agreement") is entered into as of the ____ day of ____________, 2011, by and between the Town of Normal, Illinois, a municipal corporation, (hereinafter referred to as the "Town") and Normal Lodging LLC, an Illinois limited liability company (hereinafter referred to as the "Redeveloper").

RECITALS

WHEREAS, the Town has adopted a program for the redevelopment of a redevelopment area known as the Main/I-55 Redevelopment Project Area (the "Redevelopment Area") in the Town, pursuant to 65 ILCS 5/11-74.4-1, et seq of the Illinois Revised Statutes, the "Tax Increment Allocation Redevelopment Act" (hereinafter referred to as the "Act");

WHEREAS, the Town has, pursuant to the provisions of the Act, adopted a plan known as the

Town of Normal Main/I-55 Redevelopment Plan (hereinafter referred to as the "Redevelopment Plan") pertaining to the redevelopment of the Redevelopment Area, substantially in the form of the document entitled Town of Normal Main/I-55 Tax Increment Redevelopment Plan dated March 14, 2008, a copy of which is available for inspection in the office of the Town Clerk of the Town;

WHEREAS, the Redeveloper has acquired certain property that consists of the land and building

occupied by the former Holiday Inn, at 8 Traders Circle, Normal, Illinois, 61761, near the Intersection of I-55 and Main Street (US 51) in Normal, Illinois, which is more fully described in Exhibit 1 attached hereto and made a part hereof (the “Hotel Property”);

WHEREAS, the Hotel Property, which is currently vacant, has serious building deficiencies; WHEREAS, The Redeveloper intends to redevelop the Hotel Property into a Radisson Hotel and

Conference Center (the “Project”); WHEREAS, the Town, in order to achieve the objectives of the Redevelopment Plan, intends to

assist the Redeveloper in the redevelopment of the Hotel Property into a Radisson Hotel and Conference Center;

WHEREAS, in order to eliminate the blighting conditions at the Hotel Property, to help arrest

and prevent blighting conditions outside the Hotel Property in the Redevelopment Area, to enhance the quality of life in the Town, to provide an economic stimulus to the area of the Town within which the Hotel Property is located in order to attract other private development which will enhance the tax base of the Town and to further the objectives of the Redevelopment Plan, the Town pursuant to its Home Rule Powers under Article 7 of the Constitution of the State of Illinois and the powers granted to the Town pursuant to the Act, intends to provide to the Redeveloper, Public Investment to help alleviate certain private costs of the Redeveloper;

WHEREAS, without the assistance of the Town as set forth in this Agreement, the Redeveloper

would not undertake the Project; WHEREAS, the cost of the Project (including land acquisition and soft costs) is estimated to be

Eighteen Million Five Hundred Thousand ($18,500,000) Dollars as more fully shown on Exhibit 2 attached hereto and made a part hereof;

WHEREAS, the Town believes it is necessary to redevelop the Hotel property in order to arrest

the economic and physical decline of the Redevelopment Project Area, and to promote a policy of


stabilization not only in the proposed Redevelopment Project Area, but also in the surrounding area of the Town; and

WHEREAS, the Town believes that the development of the Project, pursuant to the proposed

Redevelopment Plan is in the vital and best interests of the Town 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.

NOW THEREFORE, in consideration of the promises and mutual covenants and obligations of

the parties contained herein, and other good and valuable consideration, the receipt and sufficiency whereof are hereby acknowledged, the parties hereto, intending to be legally bound, hereby covenant and agree as follows:

ARTICLE I: DEFINITIONS

"Act" means the Tax Increment Allocation Redevelopment Act, 65 ILCS 5/11-74.4-1 et seq as it may be amended from time to time. "Applicable Law" means all laws, statutes, acts, Environmental Laws ordinances, rules, regulations, permits, licenses, authorizations, directives, orders and requirements of all Governmental Authorities including, but not limited to, the Town, that now or hereafter during the term of this Agreement may be applicable to the Town, the Redeveloper, and/or the Project, and the construction, maintenance, use and operation thereof, including those relating to employees, zoning, building, health, safety, Hazardous Materials, and accessibility of public facilities. "Environmental Laws" means all statutes specifically described in the definition of Hazardous Materials and all federal, state and local environmental, health and safety statutes, ordinances, codes, rules, regulations, orders and decrees regulating, relating to or imposing liability or standards concerning or in connection with Hazardous Materials. "Environmental Remediation" means the completion of Phase 1 and Phase 2 environmental studies along with such environmental remediation by the Redeveloper, to be accomplished in compliance with Applicable Law. "Exterior Architectural Appearance" means the architectural character, general composition and general arrangements of the exterior of the Project, and the adjacent plazas and pedestrian areas, including the kind, color and texture of the building material and the type and character of all windows, doors, light fixtures, signs and appurtenant elements, visible from public streets and thoroughfares. "Final Completion" means the date upon which the following shall have occurred: (i) final completion of the Project in accordance with the Project Requirements as evidenced by the issuance of a certificate by the architect or architects of the components of the Project to such effect: (ii) the issuance of any approval of construction required under the Franchise Documents; (iii) a certificate of occupancy has been issued for each component of the Project; and (iv) all of the guest rooms, food outlets, meeting rooms and other facilities in the Hotel, Conference Center are fully completed, open, and operational.


"Final Project Cost Analysis" means the statement of actual costs and expenses of the construction and development of the Hotel including the costs of the Hotel submitted by the Redeveloper to the Town in certified form after completion of the Hotel. "Final Site Plan" means the final plan for the Project which sets forth the limits of the work to be done, the building locations, ingress and egress, loading areas, parking, if any, landscaping, signage and adjoining streets including one or more elevations or sketches showing the exterior features and designs of all the buildings or structures. "Franchise Documents" means any and all license or franchise agreements for the Project, together with any and all documents executed or delivered in connection therewith, between the Redeveloper, and the Franchisor. "Franchisor" means Carlson Hotels Corp. (as a Radisson Hotel and Conference Center) with a license or franchise agreement for the Hotel.

"Franchisor Approvals" means all approvals which are required to be obtained from the Franchisor from the commencement of development of the Project until the Final Completion of the Project in connection with the construction of the Project pursuant to Franchise Documents.

"Franchisor Requirements" means all requirements imposed upon the Project by the Franchisor pursuant to the Franchise Documents including, without limitation, the Radisson Design Manual. "Hazardous Materials" means any substance, material, waste, gas or particulate matter which is potentially hazardous to human health, and regulated by any Environmental Laws including, but not limited to (i) petroleum, (ii) asbestos, (iii) polychlorinated biphenyl, (iv) radioactive materials, and (v) any other material or substance which is defined as a "hazardous waste", "hazardous material", "hazardous substance", "extremely hazardous waste", or "restricted hazardous waste" under any statute, rule or regulation of any jurisdiction including without limitation Section 311 of the Clean Water Act, Section 1004 of the Resource Conservation and Recovery Act, and Section 101 of the Comprehensive Environmental Response, Compensation, and Liability Act. "Hotel/Motel Tax Revenues" means the proceeds of the Hotel/Motel Tax levied by the Town on the guests who stay at the Project during the first seven years of operation of the Project as a Radisson Hotel and Conference by the Redeveloper. "Hotel Property" means that certain property that consists of the land and building occupied by the former Holiday Inn, at 8 Traders Circle, Normal, Illinois 61761 near the Intersection of I-55 and Main Street (US 51) in Normal, Illinois which is more fully described in Exhibit 1 attached hereto and made a part hereof. "Preliminary Plans" means plans and drawings, including a Preliminary Site Plan for the Project thereof which are preliminary to the Construction Plans, which plans and drawings include but are not limited to the limits of the work to be done, the location of buildings and all auxiliary structures, ingress and egress, loading areas, parking, if any, proposed signage, landscaping and one or more elevations showing the Exterior Architectural Appearance of the Project.


"Preliminary Site Plan" means the site layout for the Project including parking, if any, buildings, ingress and egress, pedestrian and vehicular circulation, utilities, grading, storm water detention, landscaping and service areas, and all proposed dedications and easements. "Project" means the redevelopment of the Hotel Property into a Radisson Hotel and Conference Center as more fully on described on Exhibit 3 attached hereto and made a part hereof. "Project Revenues" means for each calendar year an amount equal to the tax increment property taxes related to the Project which are collected by the McLean County and remitted to the Town for deposit in the Main/I-55 Special Tax Allocation Account as required by the Act. "Public Investment" means the rebate of Project Revenues in the manner provided in Article IV of this Agreement. "Real Estate Taxes" means the ad valorem real property taxes levied on the Project, the Hotel Property and any other structures or buildings on the Hotel Property. "Redevelopment Area" means the Town of Normal Main/I-55 Redevelopment Project Area. "Redevelopment Plan" means the Town of Normal Main/I-55 Redevelopment Plan pertaining to the redevelopment of the Redevelopment Area, substantially in the form of the document entitled Town of Normal Main/I-55 Tax Increment Redevelopment Plan dated March 14, 2008, a copy of which is available for inspection in the office of the Town Clerk of the Town. "Substantial Completion or Substantially Complete" means complete construction of the shell and core, with finished interiors, to the point of qualification for the issuance of certificates of occupancy pursuant to codes of the Town, except for minor and ancillary alterations or additional work.

ARTICLE II: DEVELOPMENT OF THE PROJECT

2.1 Development of the Project. The Redeveloper will utilize its best efforts to develop the Project in a manner that is compatible with the Redevelopment Plan and Applicable Law.

2.2 Progress Reports. During the development process, the Redeveloper shall submit

quarterly reports to the Town commencing on the first day of January, 2012, and on the first day of each third month thereafter until Substantial Completion of the Project which will provide the Town with information concerning costs of the Project, Environmental Remediation, compliance with the Radisson franchise standards and other matters relevant to the development and construction of the Project

2.3 Preliminary Plans. The Redeveloper, within one hundred twenty (120) days of the date

of this Agreement, shall submit to the Town the Preliminary Plans for the Project. The Town shall review the Preliminary Plans for conformance with the Redevelopment Plan, this Agreement and Applicable Law. The Exterior Architectural Appearance shall be part of the Preliminary Plans and shall be subject to approval by the Town under this section.

2.4 Approval of Preliminary Plans by Town. The Town’s approval or disapproval of the

Preliminary Plans must be made in writing and, if disapproved, shall set forth the reasons for such disapproval. If the Town does not approve or disapprove said plans within thirty


(30) days after receipt, they shall be deemed approved. If disapproved, the Redeveloper shall, within twenty (20) days from the date of disapproval, resubmit revised plans which the Town shall review within twenty-one (21) days. This process shall repeat until the Preliminary Plans are approved by the Town. In reviewing said plans, the Town will take into account the normal and customary costs of developing and constructing projects of this type. Any request for change in the Preliminary Plans by the Town shall not cause an unreasonable increase in the costs of the Project. The Town will not unreasonably withhold its approval.

2.5 Final Site Plan. Within ninety (90) days after approval of the Preliminary Plans, the

Redeveloper shall submit to the Town a Final Site Plan for the Project. The Town shall review the Final Site Plan for the purpose of determining compliance with the Preliminary Plans, the Redevelopment Plan, this Agreement and Applicable Law. The town will not unreasonably withhold its approval of the Final Site Plan.

2.6 Construction Plans. The Redeveloper shall submit to the Town the construction plans

for the Project (the "Construction Plans"). The Town shall, within thirty (30) days from receipt, approve or disapprove the Construction Plans, after reviewing said plans for compliance with Applicable Law, including but not limited to the life safety and zoning regulations, and conformance with the plans previously submitted to the Town, including exterior elevations. If the Town disapproves the Construction Plans, the Town shall state with specificity the reasons for its objections, and the Redeveloper shall submit revised plans within a reasonable time from the date of rejection. Upon resubmission, the Town shall review and approve or disapprove such revised plans within ten (10) days of submittal. This process shall repeat until the plans are approved by the Town.

2.7 Amended Construction Plans. Prior to completion of the Project, if the Redeveloper

desires to make any substantial change in the Construction Plans which significantly affects the appearance, function, or structural integrity of the Project, the Redeveloper shall submit the proposed change to the Town for its approval. If the Construction Plans, as modified by the proposed change, conform to the requirements of the Redevelopment Plan and this Agreement, meet Applicable Law and do not create a fundamental change in the nature, size or aesthetics of the Project, the Town shall approve the proposed change and notify the Redeveloper in writing of its approval. If the Town disapproves of such change, it shall notify the Redeveloper in writing with specificity as to the reasons for the disapproval, in which event the Redeveloper may submit revised Construction Plans within a reasonable time thereafter. This process shall repeat until the revised plans are approved by the Town or the change is abandoned by the Redeveloper. If such change is not so approved or rejected in writing within ten (10) working days of receipt of the submission to the Town from the Redeveloper, such change will be deemed approved.

2.8 Commencement and Completion Requirements.

2.8.1 Commencement. The Redeveloper shall commence construction of the Project

within thirty (30) days after the Town’s approval of the Construction Plans and the issuance by the Town of a building permit but no later than June1, 2012

2.8.2 Completion. The Redeveloper shall Substantially Complete construction of the

Project within twenty-four (24) months after commencement of construction or other mutually agreeable date.


2.9 Certificate of Completion. Promptly after Substantial Completion of construction of the

Project and upon request of the Redeveloper, the Town will execute and deliver to the Redeveloper a certificate of completion. Said instrument of certification by the Town shall be (and it shall be so provided in the certification itself) a conclusive determination of satisfaction with respect to the obligations of the Redeveloper and its successors and assigns that the construction of the Project thereof has been Substantially Complete in accordance with the provisions of this Agreement.

2.10 Form of Certification. The certification provided for in Section 2.9 shall be in such

form as will enable it to be recorded in the Office of the Recorder of Deeds, McLean County, Illinois. If the Town refuses or fails to provide any certification in accordance with the provisions of this Agreement, the Town shall, within fifteen (15) days after written request by the Redeveloper, provide the Redeveloper with a written statement indicating in adequate detail in which respects the Redeveloper has failed to Substantially Complete construction of the Project in accordance with the provisions of this Agreement, or is otherwise in default, and what measures or steps will be necessary, in the opinion of the Town, for the Redeveloper to take or perform in order to obtain such certification. Said certification as provided herein shall not be unreasonably withheld by the Town.

2.11 Quality of Construction and Conformance to Federal, State and Local

Requirements. All work with respect to the Project shall conform to Applicable Law including, but not limited to, design standards, environmental codes and life safety codes. The Redeveloper shall cause the construction of the Project to be commenced and to be prosecuted with due diligence and in good faith in accordance with the terms of this Agreement, and) without delay and shall cause the Project to be constructed in a good and workmanlike manner in accordance with the Construction Plans.

2.12 Utilities. All arrangements for utilities must be made by the Redeveloper with the

applicable utility company. The Town makes no representations whatsoever with respect to the adequacy or availability of utilities with respect to the Project or Hotel Property; however, the Town, if requested by the Redeveloper, shall make reasonable efforts to assist in obtaining utility rights, approvals and permits.

2.13 Insurance.

2.13.1 Liability Insurance Prior to Completion. Prior to commencement of construction of the Project, the Redeveloper or the Redeveloper's contractor shall procure and deliver to the Town, at the Redeveloper's or such contractor's cost and expense, and shall maintain in full force and effect until each and every obligation of Redeveloper 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, structural work act insurance and workmen's compensation insurance, with liability coverage under the comprehensive liability insurance to be not less than One Million ($1,000,000) Dollars each occurrence and Five Million ($5,000,000) Dollars total, all such policies to be in such form and issued by such companies as shall be reasonably acceptable to the Town to protect Town and Redeveloper against any liability incidental to the use of or resulting from any accident occurring in or about the Project or the improvements or the construction and improvement thereof. Each


such policy shall name the Town as a coinsured and shall contain an affirmative statement by the issuer that it will give written notice to the Town at least thirty (30) days prior to any cancellation or amendment of its policy, provided, however, if such issuer is unable or unwilling to provide such affirmative statement, then such affirmative statement need not be included in such policies, and in such case the Redeveloper shall give written notice to the Town at least twenty (20) days prior to any cancellation or amendment of each policy required hereunder, unless the Redeveloper itself has less than twenty-one (21) days prior notice thereof, in which case the Redeveloper shall give prompt written notice thereof to the Town upon the Redeveloper’s receipt of notice thereof.

2.13.2 Builder's Risk Prior to Completion. During the construction of the Project as

certified by the Town, the Redeveloper or its general contractor shall keep in force at all times builder's completed value risk insurance, in non-reporting form, against all risks of physical loss, including collapse, covering the total value of work performed and equipment, supplies and materials furnished for the Project. Such insurance policies shall be issued by companies reasonably satisfactory to the Town, and shall name the Town as coinsured. Each such policy shall contain an affirmative statement by the issuer that it will give written notice to the Town at least thirty (30) days prior to any cancellation or amendment of its policy, provided, however, if such issuer is unable or unwilling to provide such affirmative statement, then such affirmative statement need not be included in such policies, and in such case the Redeveloper shall give written notice to the Town at least twenty (20) days prior to any cancellation or amendment of each policy required hereunder, unless the Redeveloper itself has less than twenty-one (21) days prior notice thereof, in which case the Redeveloper shall give prompt written notice thereof to the Town upon the Redeveloper’s receipt of notice thereof.

2.14 Lien Waivers. All contracts for construction of the Project shall provide that the general

contractor shall furnish contractor's affidavits in the form provided by state statute, and that waiver of lien shall be provided from all general contractors and subcontractors for all payments made.

2.15 Rights of Inspection. During construction of the Project, the Town or its designee shall

have the right at any time and from time to time to enter upon the Project for the purposes of inspection. Inspection by the Town of the Project shall not be construed as a representation by the Town that there has been compliance with the Construction Plans or any building or life safety codes adopted by the Town; or that the Project will be or is free of faulty materials or workmanship, or a waiver of any right the Town or any other party may have against the Redeveloper or any other party for noncompliance with the Construction Plans, Preliminary Plans, building or life safety codes or any other ordinances of the Town or the terms of this Agreement.

ARTICLE III: TOWN OBLIGATIONS

3.1 Public Investment. The Town shall provide the Public Investment pursuant to Article IV below.

3.2 Zoning. It is contemplated by the Town and the Redeveloper that the Project shall have

a zoning classification which will permit the use of the Project as intended by this


Agreement and which is in conformance to the General Land Uses set forth in the Redevelopment Plan. The parties agree that the current zoning for the property will allow the Project to be used as intended and the Town and the Redeveloper will cooperate with each other to obtain any title insurance policy zoning endorsement or other documentation in respect thereto as may be required by any lender to or tenant of the Project.

3.3 Easements. The Town agrees to grant such temporary easements to the Redeveloper as

necessary for the construction and completion of the Project.

ARTICLE IV: PUBLIC INVESTMENT

4.1 Public Investment. The Town will provide a reimbursement for certain Project Costs from Project Revenues and Hotel Tax Revenues for that calendar year received by the Town from Project as follows: (a) After Substantial Completion of the Project, the Redeveloper shall receive no

later than January 15th of each year an amount equal to the actual Project Revenues received during the previous calendar year.

(b) After commencement of operations of the Project, the Town shall, no later than March 31st, June 30th, September 30th and December 31st of each year, rebate to the Redeveloper the Hotel Motel Tax Revenues paid to the Town from the Project for the previous quarter; i.e. the amount rebated to the Redeveloper on March 31stwould be the Hotel/Motel Tax Revenues collected for the previous quarter consisting of the months of October, November and December.

(c) The obligation for the annual reimbursement of Project Costs shall terminate

upon the earlier of:

i. The Redeveloper has been reimbursed for all eligible Redevelopment Costs with regard to the Project as defined by the Act.

ii. With regard to the Hotel/Motel Tax Revenues, Eighty Four (84) months

after commencement of the operation of the Project; provided that the final payment by the Town shall include all Hotel/Motel Tax Revenues collected and paid by the Redeveloper to the Town during this Eighty Four (84) month period not previously paid by the Town to the Redeveloper.

iii. After the distribution of Project Revenues received by the Town in the

calendar year 2032. iv. The Project ceases to operate as a full service Radisson Hotel and

Conference center and/or comply with the Franchise Requirements; unless with regard to the Radisson Hotel Franchise, the Redeveloper replaces the Radisson Hotel Franchise with another Hotel Franchise that is comparable or better in service, value and scope to the Radisson Franchise.

4.2 Adjustment of Public Investment. After the commencement of the operation of the

Project, if the Redeveloper shall fails to timely pay or transmit any taxes levied by the Town on or before its due date plus an additional grace period of ten (10) days from the due date of such tax, including but not limited to, real property taxes, retailers


occupation, sales or use tax, food and beverage tax, and hotel motel tax, the amount of revenue to be paid to the Redeveloper pursuant to Section 4.1 above, shall be reduced in any calendar year by one (1%) percent for each day the taxes are not paid or transmitted beyond their respective due dates.

ARTICLE V: CONDITIONS PRECEDENT TO TOWN OBLIGATIONS AND ONGOING BENEFITS

5.1 Conditions Precedent to Transaction. The Town's obligations under this Agreement (including, without limitation, the obligation for Public Investment) shall, for the Project, be subject to:

(a) Insurance. Proof that the policies of insurance of the types and coverages

specified in Section 2.10 hereof have been obtained and are in force with regard to the Project.

(b) Plans. Approval of the construction plans for the Project pursuant to Article II

hereof.

(c) Declaration of Covenants, Uses and Restrictions. Execution and recording of a Declarations of Covenants, Uses and Restrictions in the form attached hereto as Exhibit 4.

(d) Project Financing. Evidence of equity and/or debt financing for the Project in

an amount sufficient to complete the Project. (e) Approvals. A certificate by the manager or authorized officer of the

Redeveloper, as the case may be, that all of the approvals necessary to proceed with the Project as intended herein) have been obtained including the approval of this Agreement.

(f) Franchise Approvals. A certificate from the Franchisor that the project is in

compliance with the Franchise Requirements.

ARTICLE VI: DEVELOPMENT AND OPERATION OF THE PROJECT 6.1 Compliance with Applicable Law. During the development and operation of the

Project, Redeveloper and its agents, contractors, officers and employees shall comply with Applicable Law.

6.2 Operation and Maintenance of the Hotel. The Redeveloper for itself and its successors

and assigns covenants that it will maintain the Hotel in good condition (reasonable wear and tear excepted) during the term of this Agreement. The Redeveloper shall operate the Hotel in a professional manner that meets Franchisor Requirements, including the establishment and funding of a reserve for the replacement of FF&E as required by the Franchisor; or in the case there is no Franchisor, in an amount that equals or exceeds industry standards for hotels of this type. In addition, the Redeveloper will do all things reasonably necessary to operate the Hotel in substantial compliance with Applicable Law.


6.3 Minimum Cost of Hotel. The Redeveloper covenants and agrees that the cost of the Project, including real property acquisition and soft costs, shall not be less than Eighteen Million Five Hundred Thousand ($18,500,000) Dollars.

6.4 Final Project Cost Analysis for the Project. Upon completion of the Project and the

issuance of the Certificate of Occupancy by the Town, the Redeveloper shall submit to the Town the Final Project Cost Analysis for the Project. The Town, upon reasonable notice to the Redeveloper, may request copies of the underlying documentation and the records of the Redeveloper that support the information contained in the Final Project Cost Analysis. The Final Project Cost Analysis shall be signed by both the Town and the Redeveloper. Said Analysis shall identify those Project Costs that are eligible Redevelopment Costs under the Act and within thirty (30) days of receipt, the Town shall notify the Redeveloper of the Town’s agreement as to which eligible redevelopment costs qualify for reimbursement under the Act.

ARTICLE VII: REDEVELOPER COVENANTS AND RESTRICTIONS

7.1 Project Subject to Redevelopment Plan and Agreement. The Redeveloper agrees to

comply with the terms and conditions of this Agreement and to use its best efforts to construct the Project subject to the terms, covenants, building and use restrictions, and other conditions in the Redevelopment Plan and this Agreement.

7.2 Non-discrimination. The Redeveloper shall not discriminate in violation of any

applicable federal, state or local laws or regulations upon the basis of race, color, religion, sex, age, or national origin or other applicable factors in the sale, lease or rental, or in the use or occupancy of the Project or any part thereof.

7.3 Property Taxes. Redeveloper acknowledges that the Town in executing this Agreement

has relied upon its reasonable expectation that the construction and operation of the Project will increase the amount of real property taxes with respect to the Project and the Hotel Property. The Redeveloper covenants that in the event it applies for, seeks, or authorizes any exemption from the imposition of general real property taxes on the Project or Hotel Property, or any portion thereof, and, as a result thereof, the property taxes are not or will not be paid with respect to the Project or the Hotel Property, or a portion thereof, the Town, no less than sixty (60) days after written notice to the Redeveloper, shall be entitled to rescind the grant of benefits by the Town to the Redeveloper pursuant to this Agreement and after such rescission the Redeveloper shall promptly reimburse the Town for the cost of all the benefits granted by the Town to the Redeveloper pursuant to this Agreement that have theretofore been received by the Redeveloper. Notwithstanding the above, if, within sixty (60) days following the receipt of the written notice from the Town to the Redeveloper, the Redeveloper takes such action as is necessary to void such application for, attempt for, or authorization of such exemption from the imposition of general real property taxes on the Project or the Hotel Property, or a portion thereof, the Town's right to rescind, pursuant to this provision, the grant of benefits shall be null and void and the Redeveloper shall not be obligated to convey, repay or otherwise reimburse the Town for any benefits granted and received pursuant to this Agreement. Nothing herein shall be construed so as to prevent the Town from enforcing any other rights it may have pursuant to this Agreement. Also, nothing herein shall be construed so as to prevent the Redeveloper from otherwise contesting the assessment or collection of any real property taxes under procedures set forth in the laws of the State of Illinois or any political subdivision thereof, provided that the Redeveloper


gives the Town fifteen (15) days prior written notice of its intent to contest the assessment or collection of real property taxes; provided, however, that the Redeveloper covenants and agrees that nothing contained herein shall relieve the Redeveloper from complying with all laws, rules and regulations of the State of Illinois and any political subdivision thereof pertaining to the levy and collection of said general real estate taxes. This Section 9.3 shall be an obligation of the Redeveloper (or assignee of the Redeveloper or subsequent Owner of the Project or Hotel Property or any portion thereof, as the case may be) only during the period that the Redeveloper (or assignee of the Redeveloper or subsequent Owner of the Project or Hotel Property or any portion thereof, as the case may be) owns a direct or indirect interest in the Project or Hotel Property or any portion thereof.

7.4 Reserved.

7.5 Duration of Covenants. It is intended and agreed that the covenants provided in

Sections 7.1 and 7.3 of this Agreement shall remain in effect until the earlier of (i) termination of the Redevelopment Plan, or (ii) December 31, 2031, and that the covenants provided in Section 7.2 hereof shall remain effective without any time limitation; provided, that all such covenants shall be binding on the Redeveloper only for such period as the Redeveloper maintains a direct interest in the Hotel Property or the Project or part thereof (excluding, for example, an interest therein solely as a creditor or mortgagee), and only with respect to such direct interest in the Hotel Property or the Project or part thereof.

7.6 Covenants Running with the Land. Subject to Section 7.5, it is intended and agreed

that the covenants set forth in Sections 7.1, 7.2, 7.3 and 7.4 above shall be covenants running with the land and Sections 7.1, 7.3 and 7.4 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 Town, and with regard to Section 7.2 hereof, the Town, the State of Illinois and the United States of America.

7.7 Covenants Binding for the Benefit of Town. Subject to Section 7.5, it is also intended

and agreed that the foregoing covenants set forth in Sections 7.1, 7.2, 7.3 and 7.4 above shall in any event, and without regard to technical classification or designation as legal or otherwise, be, to the fullest extent permitted by law and equity, binding for the benefit of the Town and enforceable by the Town, the State of Illinois and the United States of America as provided in Sections7.5 and 7.6.

7.8 Forms of Covenants and Restrictions. Certain of the covenants, uses and restrictions

referred to in this Article VII shall substantially be in the form of the Declaration of Covenants, Uses and Restrictions attached hereto and made a part hereof as Exhibit 4, which shall be executed and recorded with the McLean County Recorder of Deeds on or before the date that the Redeveloper commences construction of the Project.

ARTICLE VIII: INDEMNIFICATION

8.1 Redeveloper Indemnification of the Town. So long as the Redeveloper maintains a direct interest in the Project or Hotel Property or any part thereof (excluding, for example, an interest therein solely as a creditor or mortgagee), the Redeveloper agrees to indemnify and save the Town and its officers and employees harmless against all claims by or on behalf of any person, firm or corporation arising from (i) the Redeveloper's


operation or management of the Project, or from any work or thing done by the Redeveloper on the Hotel Property, or any work or activity of the Redeveloper connected to the construction of the Project; (ii) any breach or default on the part of the Redeveloper in the performance of any of its obligations under or in respect of this Agreement; (iii) any act of negligence or willful or wanton misconduct of the Redeveloper or any of its agents, contractors, servants or employees; (iv) any violation by the Redeveloper of any easements, conditions, restrictions, building regulations, zoning ordinances, environmental regulations or land use regulations affecting the Hotel Property or the Project); (v) any violation of Applicable Law or (vi) any violation by the Redeveloper of state or federal securities law in connection with the offer and sale of interests in the Redeveloper, its affiliates or any part of the Project. The Redeveloper agrees to indemnify and save the Town harmless from and against all costs and expenses incurred in or in connection with any such claim arising as aforesaid or in connection with any action or proceeding brought thereon. In case any such claim shall be made or action brought based upon any such claim in respect of which indemnity may be sought against the Redeveloper, upon receipt of notice in writing from the Town 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 Town 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 Town. It is agreed and understood that the aforesaid indemnities in this Article VIII shall be binding on the Redeveloper only for such period as the Redeveloper maintains a direct interest in the Project or Hotel Property or part thereof (excluding, for example, an interest therein solely as a creditor or mortgagee), and only with respect to such direct interest in the Project or Hotel Property or part thereof; provided, notwithstanding the foregoing, the Redeveloper shall not be liable to indemnify and hold the Town harmless from any portion of any such loss, liability, cost or expense which results from the negligence or willful misconduct of the Town, its officials, agents, or employees.

8.2 Town Indemnification of the Redeveloper. To the extent not prohibited by law,

the Town of Normal, so long as the Redeveloper maintains a direct interest in the Project or Project Site or any part thereof (excluding, for example, an interest therein solely as a creditor or mortgagee), shall indemnify and hold harmless the Redeveloper and its members, managers, directors, officers, employees and agents from any and all claims, damages, costs, and expenses, including without limitation, reasonable attorney’s fees caused by the Town of Normal or any of its agents, contractors, officials or employees arising from: (i) any act of negligence or willful and wanton misconduct of the Town or any of its agents, contractors, officials or employees; (ii) any injury to persons or property (including death) in connection with the Town’s inspections at the Project, (iii) the Town's construction of the Public Improvements; (iv) any breach or default on the part of the Town in the performance of any of its obligations under or in respect of this Agreement; or (v) any violation of Applicable Law. The Town agrees to indemnify and save the Redeveloper harmless from and against all costs and expenses incurred in or in connection with any such claim arising as aforesaid or in connection with any action or proceeding brought thereon. In case any such claim shall be made or action brought based upon any such claim in respect of which indemnity may be sought against the Town, upon receipt of notice in


writing from the Redeveloper setting forth the particulars of such claim or action, the Town shall assume the defense thereof including the employment of counsel and the payment of all costs and expenses. The Redeveloper 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 Redeveloper. Notwithstanding the foregoing, the Town of Normal retains any and all defenses and immunities provided by the Local Governmental and Governmental Employees Tort Immunity Act, 745 ILCS 10/1-101 et seq.and may raise such defense or immunity against any claim arising from a demand for indemnification under this Section. In addition, neither party intends Paragraphs 8.1 or 8.2 to waive its rights to limited liability under the Illinois Worker’s Compensation Act or Kotecki line of cases (146 Ill 2d 155, 585 NE 2d 1023 (1991)); provided, further, notwithstanding the foregoing, the Town shall not be liable to indemnify and hold the Redeveloper harmless from any portion of any such loss, liability, cost or expense which results from the negligence or willful misconduct of the Redeveloper, its officials, agents, or employees.

ARTICLE IX: PROHIBITIONS AGAINST ASSIGNMENT AND TRANSFER

9.1 Prohibition Against Transfer of Project and Hotel Property Prior to Completion of Construction. The Redeveloper represents and agrees that prior to the Substantial Completion of construction of the Project as certified by the Town (in accordance with Sections 2.10and 2.11 hereof) the following prohibitions and restrictions shall apply to the transfer of the Project:

9.1.1 Prohibitions. Except only by way of security for a mortgage, deed of trust or

other facility only for the purpose of obtaining equity or debt financing necessary to enable the Redeveloper to construct the Project, the Redeveloper has not made or created, and will not, prior to the Substantial Completion of construction of the Project as certified by the Town, 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, the Project, the Hotel Property or any part thereof or any interest therein, or any contract agreement to do any of the same, except for utility, support, ingress and egress and similar easements, without the prior written approval of the Town. In addition, transfers to the holder of a mortgage, deed of trust or other facility (such as a foreclosure sale or transfer in lieu of foreclosure) shall also be permitted subject to the requirements in Article XII below.

9.1.2 Conditions for Approval. The Town shall be entitled to require, except as

otherwise provided in this Agreement, as conditions to any such approval pursuant to this Section 9.1, that: (a) Any proposed transferee shall have the qualifications and financial

responsibility and capacity, as reasonably determined by the Town, necessary and adequate to fulfill the obligations undertaken in this Agreement by the Redeveloper (or, in the event the transfer is of or related to part of the Project, such obligations to the extent that they relate to such part).


(b) Any proposed transferee, by instrument in writing reasonably

satisfactory to the Town and in a form recordable among the land records, shall expressly assume all of the obligations of the Redeveloper under this Agreement and agree to be subject to all the conditions and restrictions to which the Redeveloper is subject (or, in the event that the transfer is of or relates to part of the Project, 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 Project, or any part thereof, shall 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 Town) relieve or except such transferee or successor of or from such obligations, agreements, conditions, or restrictions, or deprive or limit the Town of or with respect to any rights or remedies or controls with respect to the Project or the construction thereof; 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 the Project or Hotel Property or 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 Town of any rights or remedies or controls regarding the Project and the construction thereof that the Town would have had, had there been no such transfer.

(c) There shall be submitted to the Town for review all instruments and

other legal documents involved in effecting the transfer. (d) The Redeveloper and its transferee shall comply with such other

reasonable conditions as the Town may find desirable in order to achieve and safeguard the purposes of the Redevelopment Plan and this Agreement.

(e) The consideration payable for the transfer or assignment by the

transferee or assignee or on its behalf shall not exceed an amount representing the actual cost (including carrying charges) to the Redeveloper of the Project (or allocable part) and the purpose of this provision is to preclude assignment of this Agreement or transfer of the Project or the Hotel Property (or any parts thereof) for pecuniary gain or profit prior to Substantial Completion of the Project, and to provide that in the event any such assignment or transfer is made (and is not cancelled), the Town shall be entitled to any pecuniary gain to be received by the Redeveloper to the extent that the consideration payable for the assignment or transfer is in excess of the amount that may be authorized pursuant to this Section 9.1.2(e) and such consideration shall, to the extent it is in excess of the amount so authorized, belong to and forthwith be paid to the Town at the same time as or prior to the transfer.

9.2 Transfer of Project After Completion of Construction. After Substantial Completion

of construction of the Project as certified by the Town (in accordance with Sections 2.10


and 2.11 hereof), the Redeveloper (and any subsequent Owner of a the Project or any part thereof) may transfer the Project (or any portion thereof) without the consent of the Town by instrument in writing reasonably satisfactory to the Town, and in a form recordable among the land records, pursuant to which the transferee shall expressly assume with regard to the Project all of the obligations of the Redeveloper under this Agreement and agree to be subject to all the conditions and restrictions to which the Redeveloper is subject with regard to the Project or any portion thereof. Provided, that the fact that any transferee of, or any other successor in interest whatsoever to, the Project (or any portion thereof), shall 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 Town) relieve or except such transferee or successor of or from such obligations, agreements, conditions, or restrictions, or deprive or limit the Town of or with respect to any rights or remedies or controls with respect to the Project or the construction thereof; 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 the Project (or any portion thereof), or any interest therein, however consummated or occurring, and whether voluntary or involuntary, shall operate legally or practically, to deprive or limit the Town of any rights or remedies or controls regarding the Project and the construction thereof that the Town would have had, had there been no such transfer. No such transfer shall be deemed to transfer any rights of the Redeveloper to the reimbursements set forth under Article IV above, unless such rights are expressly set forth in the instrument of assignment.

9.3 Status of Assignee. Any assignee of the Redeveloper prior to Substantial Completion,

who is approved under the terms of 9.1 above, shall be considered the "Redeveloper" for all purposes of this Agreement as to such portion of the Project that has been assigned.

9.4 Assignment to Affiliated Entity. Nothing herein shall be construed to prevent the

Redeveloper from assigning its interest in this Agreement to an affiliated entity owned or controlled by the Redeveloper or a majority of the owners of the Redeveloper, provided that such entity or its guarantors has the financial capacity to perform the obligations of the Redeveloper pursuant to this Agreement and such entity in writing assumes such obligations and conditions in compliance with the terms and conditions set forth in Section 9.1.2(a) through (d) of this Agreement.

9.5 Release of Redeveloper. Any consent by the Town pursuant to Section 9.1 above to any

total or partial transfer of the Project or the Hotel Property shall not be deemed a release of the Redeveloper from any of its obligations hereunder, or from any conditions or restrictions to which the Redeveloper is subject, unless the Redeveloper is expressly released in writing by the Town. However, a transfer of the Project or the Hotel Property pursuant to Section 9.2 above shall be deemed a release of Redeveloper from all of its obligations hereunder.

ARTICLE X: DEFAULT AND REMEDIES

10.1 Events of Default. The following shall be events of default (the "Events of Default") with respect to this Agreement:

10.1.1 Misrepresentation. If any material representation made by the Redeveloper or

the Town in this Agreement, or in any certificate, notice, demand or request


made by the Redeveloper or the Town in writing and delivered to the other party 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

10.1.2 Breach. If there is a breach by the Redeveloper or the Town of any material

covenant, warranty or obligation set forth in this Agreement.

10.2 Remedies Upon Default. In the case of an Event of Default by either party hereto or any successors to such party, such party or successor shall, upon written notice from the other party, take immediate action to cure or remedy such Event of Default within sixty (60) days after receipt of such notice (or within a reasonable time if the Event of Default cannot be diligently cured within such sixty (60) day period). If, in such case action is not taken, or not diligently pursued, or the Event of Default shall not be cured or remedied within a reasonable time, the aggrieved party may terminate this Agreement pursuant to Article XI below, or may institute such proceedings as may be necessary or desirable in its opinion to cure or remedy such Event of Default, including but not limited to, proceedings to compel specific performance by the party in default of its obligations. In no event, however, shall the Town exercise the right of specific performance in order to compel the continuous operation of a hotel and conference center on the Hotel Property; provided that if the operations of the Project shall cease as a hotel and conference and not recommenced within the time frames set forth in this Article X then the Town’s obligations to make the Public Investment pursuant to Article IV above shall cease on a date that is ninety (90) days prior to the last day of continuous operation of the Project as a hotel and conference center.

In case the Town or the Redeveloper 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 party initiating such proceedings, then and in every such case the Redeveloper and the Town shall be restored respectively to their several positions and rights hereunder, and all rights, remedies and powers of the Redeveloper and the Town shall continue as though no such proceedings had been taken.

10.3 Other Rights and Remedies of Town and Redeveloper: Delay in Performance

Waiver.

10.3.1 No Waiver by Delay. Any delay by the Town or the Redeveloper in instituting or prosecuting any actions or proceedings or otherwise asserting their rights under this Agreement shall not operate to act as a waiver of such rights or to deprive them of or limit such rights in any way (it being the intent of this provision that the Town or the Redeveloper should not be constrained so as to avoid the risk of being deprived of or limited in the exercise of the remedies provided in this Agreement because of concepts of waiver, laches or otherwise); nor shall any waiver in fact made by the Town or the Redeveloper with respect to any specific Event of Default by the Redeveloper or the Town under this Agreement be considered or treated as a waiver of the rights of the Town or the Redeveloper under this Section or with respect to any Event of Default under any section in this Agreement or with respect to the particular Event of Default, except to the extent specifically waived in writing by the Town or the Redeveloper.


10.3.2 Rights and Remedies Cumulative. Except as otherwise provided herein, 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 times, of any other such remedies for the same Event of Default by the other party. No waiver made by either such party with respect to the performance, nor the manner or time thereof, or any obligation of the other party or any condition to its own obligation under the 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.

10.3.3 Delay in Performance. For the purposes of any of the provisions of this

Agreement except with regard to payment of real estate taxes as provided herein, neither the Town, nor the Redeveloper, as the case may be, nor any successor in interest, shall be considered in breach of, or in default of, its obligations with respect to 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 obligation due to unforeseeable causes 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 (other than the Town, in the case of as assertion of force majeure by the Town), acts of the federal or state judiciary, 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 purposes 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 Town or the Redeveloper with respect to the beginning and completion of the construction of the Project 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 thirty (30) days after 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, and the parties agree to negotiate such extensions in good faith.

ARTICLE XI: TERMINATION OF AGREEMENT

11.1 Termination by the Town. The Town has the right to terminate this Agreement upon ten (10) days prior written notice to the Redeveloper pursuant to Section 16.6 if any Event of Default by the Redeveloper is not cured within the time frame set forth in Article X above.

11.2 Termination by the Redeveloper. The Redeveloper has the right to terminate this

Agreement upon ten (10) days prior written notice to the Town pursuant to Section 16.6 if any Event of Default by the Town is not cured within the time frame set forth in Article XII above.


ARTICLE XII: MORTGAGE FINANCING AND RIGHTS OF MORTGAGEES

12.1 Limitation Upon Encumbrance of Property. Prior to the Substantial Completion of the Project, as certified by the Town, neither the Redeveloper nor any successor in interest to the Project shall engage in any financing or any other transaction creating a mortgage or other encumbrances or lien upon the property, whether by express agreement or operation of law, or suffer any encumbrance or lien to be made on or attached to the Project, except for the purposes of obtaining funds necessary for the construction and development of the Project. Prior to the Substantial Completion of the Project as certified by the Town, the Redeveloper (or successor in interest) shall notify the Town in advance of any financing, secured by a mortgage or other similar lien instrument, it proposes to enter into with respect to the Project, or any part thereof, and in any event it shall promptly notify the Town of any encumbrance or lien that has been created on or attached to the Project, whether by voluntary act of the Redeveloper or otherwise. In the event the Redeveloper is in default under this Agreement, the right of the mortgagee to cure the default is governed by Sections 12.6, 12.7 and 12.8 of this Article.

12.2 Mortgage. Upon Substantial Completion of the Project, without Town's prior consent,

Redeveloper may mortgage or otherwise encumber the Project, under one or more Mortgages (“Mortgage”) and assign the Project as security for such Mortgage.

12.3 Mortgagee Not Obligated to Construct. Notwithstanding any of the provisions of this

Agreement, including, but not limited to those which are or intended to be covenants running with the land, the holder of any mortgage (including any such holder who obtains title to the Project or any part thereof as a result of foreclosure proceedings, or action in lieu thereof, but not including: (i) any other party [other than an affiliate of such holder] who thereafter obtains title to the Project or such part from or through such holder, or (ii) any other purchaser at foreclosure sale other than the holder of the mortgage itself or an affiliate of such holder) shall in no way be obligated by the provisions of this Agreement to construct or complete the Project or to guarantee such construction or completion; nor shall any covenant or any other provision in the public records be so construed to so obligate such holder; provided, that nothing in this Section or any other Section or provision of this Agreement shall be deemed or construed to permit or authorize any such holder to devote the Project or any part thereof to any uses, or to construct any improvements thereon, other than those uses or improvements provided or permitted in the Redevelopment Plan.

12.4 Consent of Mortgagee Required. No cancellation, surrender or modification of this

Agreement shall be effective as to any Mortgagee unless consented to in writing by such Mortgagee, provided that this Section 12.4 shall not affect the Town's rights under this Agreement (and subject to the provisions and limitations of this Article 12) to terminate this Agreement as a result of the default of Redeveloper.

12.5 Notice to Town.

(a) (i) If Redeveloper shall, on one or more occasions, take back a purchase

money mortgage upon a sale and assignment of the Project or shall mortgage Redeveloper's interest in the Project, and if the holder of such Mortgage shall provide Town with notice of such Mortgage together with a true copy of such Mortgage and the name and address of the mortgage (“Mortgagee”), Town and Redeveloper agree that, following


receipt of such notice by Town, the provisions of this Article 12 shall apply in respect to each such Mortgage.

(ii) In the event of any assignment of a Mortgage or in the event of a change

of address of a Mortgagee or of an assignee of such Mortgage, notice of the new name and address shall be provided to Town.

(b) The Town shall promptly upon receipt of a communication purporting to

constitute the notice provided for by Section 12.5(a) above acknowledge by an instrument in recordable form receipt of such communication as constituting the notice provided for by Section 12.5(a) above or, in the alternative, notify the Redeveloper and the Mortgagee of the rejection of such communication as not conforming with the provisions of Section 12.5(a) and specify the specific basis of such rejection.

(c) After Town has received the notice provided for by Section 12.5(a) above, the

Redeveloper, upon being requested to do so by Town, shall with reasonable promptness provide Town with copies of the note or other obligation secured by such Mortgage and of any other recorded documents pertinent to the Mortgage as specified by Town. If requested to do so by Town, Redeveloper shall thereafter also provide Town from time to time with a copy of each amendment or other modification or supplement to such instruments. All recorded documents shall be accompanied by the appropriate certification of the custodian of the recording office as to their authenticity as true and correct copies of official records and all nonrecorded documents shall be accompanied by a certification by Redeveloper that such documents are true and correct copies of the originals. From time to time upon being requested to do so by Town, Redeveloper shall also notify Town of the date and place of recording and other pertinent recording data with respect to such instruments as have been recorded.

The term “Mortgage” as used in this Article 12 shall include a mortgage, a deed of trust, a deed to secure debt, or other security instrument by which Redeveloper's interest in the Project is mortgaged, conveyed, assigned, or otherwise transferred, to secure a debt or other obligation. The terms “Mortgagee” as used in this Article 12 shall refer to a holder of a Mortgage in respect to which the notice provided for by Section 12.5 has been given and received and as to which the provisions of this Article 12 are applicable.

12.6 Default Notice. Town, upon providing Redeveloper any notice of: (i) default under this

Agreement, (ii) a termination of this Agreement or (iii) a matter on which Town may predicate or claim a default shall, at the same time, provide a copy of such notice to every Mortgagee. No such notice by Town to Redeveloper shall be deemed to have been duly given unless and until a copy thereof has been so provided to every Mortgagee. From and after such notice has been given to a Mortgagee, such Mortgagee shall have the same period, after the giving of such notice upon it, for remedying any default (or acts or omissions which are the subject matter of such notice) or causing the same to be remedied, as is given Redeveloper after the giving of such notice to Redeveloper, plus in-each instance, the additional periods of time specified in Section 12.7 and Section 12.8 commence remedying or cause to be remedied the defaults (or acts or omissions which are the subject matter of such notice) specified in any such notice. Town shall accept


such performance by or at the instigation of such Mortgagee as if the same had been done by Redeveloper. Redeveloper authorizes each Mortgagee to take any such action at such Mortgagee’s option and does hereby authorize entry upon the premises by Mortgagee for such purpose.

12.7 Notice of Termination.

(a) Anything contained in this Agreement to the contrary notwithstanding, if any

default shall occur which entitles Town to terminate this Agreement, Town shall have no right to terminate this Agreement unless, following the expiration of the period of time given Redeveloper to cure such default (or the act or omission which gave rise to such default), Town shall send a termination notice ("Termination Notice") notifying every Mortgagee of Town's intent to so terminate at least thirty (30) days in advance of the proposed effective date of such termination if such default is capable of being cured by the payment of money, and at least forty-five (45) days in advance of the proposed effective date of such termination if such default is not capable of being cured by the payment of money ("Termination Notice Period"). The provisions of Section 12.8 below shall apply if, during such thirty (30) or forty-five (45) day Termination Notice Period, any Mortgagee shall:

(i) Notify Town of such Mortgagee’s desire to nullify such Termination

Notice, and (ii) pay or cause to be paid all payments then due and in arrears as specified

in the Termination Notice to such Mortgagee and which may become due during such thirty (30) or forty-five (45) day Termination Notice Period, and

(iii) comply or in good faith, with reasonable diligence and continuity,

commence to comply with all non-monetary requirements of this Agreement then in default and reasonably susceptible of being complied with by such Mortgagee; provided however, that such Mortgagee shall not be required during such forty-five (45) day Termination Notice Period to cure or commence to cure any default consisting of Redeveloper's failure to satisfy and discharge any lien, charge or encumbrance against the Redeveloper's interest in the Project, junior in priority to the lien of the Mortgage held by such Mortgagee.

(b) Any notice to be given by Town to a Mortgagee pursuant to any provision of this

Section 12.7 shall be deemed properly addressed if sent to the Mortgagee who served the notice referred to in Section 12.5 unless notice of a change of Mortgage ownership has been given to Town pursuant to such Section 12.5.

12.8 Procedure on Default.

(a) If Town shall elect to terminate this Agreement by reason of any default of

Redeveloper, and a Mortgagee shall have proceeded in the manner provided for by Section 12.7, the specified date for the termination of this Agreement or Lease as fixed by Town in its Termination Notice shall be extended for a period of six (6) months, provided that such Mortgagee shall, during such six month period:


(i) Pay or cause to be paid the monetary obligations of Redeveloper under

this Agreement as the same become due, and continue its good faith efforts to perform all of Redeveloper’s other obligations under this Agreement, excepting (A) obligations of Redeveloper to satisfy or otherwise discharge any lien, charge or encumbrance against Redeveloper's interest in this Agreement junior in priority to the lien of the mortgage held by such Mortgagee, and (B) past non-monetary obligations then in default and not reasonably susceptible of being cured by such Mortgagee; and

(ii) If not enjoined or stayed, take steps to acquire or sell Redeveloper's

interest in the Project by foreclosure of the Mortgagee or other appropriate means and prosecute the same to completion with due diligence.

(b) If at the end of such six (6) month period such Mortgagee is complying with

Section 12.8(a), this Agreement shall not then terminate, and the time for completion by such Mortgagee of its proceedings shall continue so long as such Mortgagee is enjoined, stayed or delayed and thereafter for so long as such Mortgagee proceeds to complete steps to acquire or sell Redeveloper's interest in this Agreement and the Project by foreclosure of the Mortgage or by other appropriate means with reasonable diligence and continuity. Nothing in this Section 12.8, however, shall be construed to extend this Agreement beyond the original terms thereof, nor to require a Mortgagee to continue such foreclosure proceedings after the default has been cured. If the default shall be cured and the Mortgagee shall discontinue such foreclosure proceedings, this Agreement shall continue in full force and effect as if Redeveloper had not defaulted under this Agreement/or Lease.

(c) If a Mortgagee is complying with Section 12.8(a), upon the acquisition of

Redeveloper's interest in the Project by such Mortgagee or its designee or any other purchaser at a foreclosure sale or otherwise and the discharge of any lien, charge or encumbrance against the Redeveloper's interest in this Agreement or Project which is junior in priority to the lien of the Mortgagee held by such Mortgagee and which the Redeveloper is obligated to satisfy and discharge by reason of the terms of this Agreement, this Agreement shall continue in full force and effect as if Redeveloper had not defaulted under this Agreement.

(d) For the purposes of this Article 12: (i) the making of a Mortgage shall not be

deemed to constitute an assignment or transfer of this Agreement, (ii) nor shall any Mortgagee, as such, be deemed to be an assignee or transferee of this Agreement, so as to require such Mortgagee as such, to assume the performance of any of the terms, covenants, or conditions on the part of the Redeveloper to be performed under this Agreement; provided that, the purchaser at any sale of the Project in any proceedings for the foreclosure of any Mortgage, or the assignee or transferee of this Agreement under any instrument of assignment or transfer in lieu of the foreclosure of any Mortgagee shall be deemed to be an assignee or transferee within the meaning of this Article 12, and shall be deemed to have agreed to perform all of the terms, covenants and conditions on the part of the Redeveloper to be performed hereunder from and after the date of such purchase


and assignment, but only for so long as such purchaser or assignee is the owner of the Project and the Mortgagee shall be released from any obligations under this Agreement.

(e) Any Mortgagee or other acquirer of the Project pursuant to foreclosure,

assignment in lieu of foreclosure or other proceedings may upon acquiring Redeveloper's interest in the Project, without further consent of Town, sell and assign the Project on such terms and to such persons and organizations are acceptable to such Mortgagee or acquirer and thereafter be relieved of all future obligations under this Agreement; provided that such assignee has delivered to Town its written agreement to be bound by all of the provisions of this Agreement pursuant to the terms and conditions set forth in Section 9.2 of this Agreement.

ARTICLE XIII: EQUAL EMPLOYMENT OPPORTUNITY

The Redeveloper, for itself and its successors and assigns, agrees that during and with respect to construction of the Project provided for in this Agreement that the following will apply: 13.1 Non-Discrimination. The Redeveloper will not discriminate against any employee or

applicant for employment on the basis of race, color, religion, sex, creed, disability, age or national origin. The Redeveloper 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, rate 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 Town setting forth the provisions of this non-discrimination clause.

13.2 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.

ARTICLE XIV: REPRESENTATIONS OF THE REDEVELOPER

The Redeveloper represents, warrants and agrees as the basis for the undertakings on its part herein contained that: 14.1 Organization. The Redeveloper is an Illinois limited liability company and is in good

standing with the State of Illinois. 14.2 Authorization. The Redeveloper has power to enter into, and by proper action has been

duly authorized to execute, deliver and perform this Agreement. 14.3 Non-Conflict or Breach. Neither the execution and delivery of this Agreement, nor the

consummation of the transactions contemplated hereby, nor the fulfillment of or compliance with the terms and conditions of this Agreement, conflicts with or results in a breach of any of the terms, conditions or provisions of any restriction, agreement or


instrument to which the Redeveloper is now a party or by which the Redeveloper is bound.

14.4 Pending Lawsuits. There are no lawsuits either pending or threatened that would

materially, adversely affect the ability of the Redeveloper to proceed with the construction and development of the Project on the Hotel Property.

14.5 Location of Project. The Project will be located within the Hotel Property. 14.6 Conformance with Requirements. The Redeveloper represents and warrants that the

Construction Plans and construction of the Project in accordance with the Construction Plans will in all respects conform to and comply with all covenants, conditions, restrictions, zoning ordinances, environmental regulations and land use regulations affecting the Hotel Property.

ARTICLE XV: REPRESENTATIONS OF THE TOWN

The Town represents, warrants and agrees as a basis for the undertakings on its part contained herein that: 15.1 Organization and Authorization. The Town is a municipal corporation organized and

existing under the laws of the state of Illinois, and has the power to enter into and by proper action has been duly authorized to execute, deliver and perform this Agreement.

15.2 Redevelopment Plan. The Redevelopment Plan (including the Redevelopment Project

Area set forth therein) has been properly formed, adopted and approved by the Town in accordance with Illinois law and is in full force and effect.

15.3 Non-Conflict or Breach. Neither the execution and delivery of this Agreement, nor the

consummation of the transactions contemplated hereby, nor the fulfillment of or compliance with the terms and conditions of this Agreement, conflicts with or results in a breach of any of the terms, conditions or provisions of any restriction, agreement or instrument to which the Town is now a party or by which the Town is bound.

15.4 Pending Lawsuits. There are no lawsuits either pending or threatened that would affect

the ability of the Town to perform this Agreement.

ARTICLE XVI: MISCELLANEOUS

16.1 Prevailing Wages. In the construction of the Project the Redeveloper shall pay prevailing wages as determined pursuant to the Prevailing Wage Act of the State of Illinois, 820 ILCS 130 et seq and the Prevailing Wage Ordinance of the Town subject to the following: (a) A listing of the current prevailing wage rates is available through the Town. (b) Contractors must comply with provisions of Public Act 93-38 which requires

certain language pertaining to prevailing wage be inserted into subcontracts. A list of prevailing wages in effect must be posted at the Hotel Property.


(c) The Redeveloper must submit certified payrolls, on a monthly basis, to assure the payment of prevailing wage. This requirement applies to all contractors and subcontractors working on the Project. Certified payrolls shall be submitted to Andrew Huhn, Town of Normal Finance Director, 100 E. Phoenix Ave., Normal, Illinois 61761. The Town reserves the right to interview contractor's employees on the job to ascertain compliance with this requirement.

16.2 Authorized Representatives.

16.2.1 Redeveloper. By complying with the notice provisions hereof, the Redeveloper shall designate an authorized representative from time to time, who, unless applicable law requires action by the board of directors, members or manager of the Redeveloper, shall have the power and authority to make or grant or do all things, requests, demands, approvals, consents, agreements and other actions required or described in this Agreement for and on behalf of the Redeveloper.

16.2.2 Town. By complying with the notice provisions hereof, the Town shall

designate an authorized representative from time to time, who shall communicate with the Redeveloper on behalf of the Town. Such representative shall not have the authority to make agreements on behalf of the Town.

16.3 Entire Agreement. The terms and conditions set forth in this Agreement and exhibits

attached hereto supersede all prior oral and written understandings and constitute the entire agreement between the Town and the Redeveloper with respect to the subject matter hereof.

16.4 Binding Upon Successors in Interest. This Agreement shall be binding upon all the

parties hereto and their respective heirs, successors, administrators, assigns or other successors in interest.

16.5 Titles of Paragraphs. Titles of the several parts, paragraphs, sections or articles of this

Agreement are inserted for convenience of reference only, and shall be disregarded in construing or interpreting any provision hereof.

16.6 Notices. Notices or demands hereunder shall be in writing and shall be served (a) by

personal delivery; or (b) by certified mail, return receipt requested, or (c) by nationally-recognized “overnight” courier service, to:

the Town: with copies to:

Town Clerk Director of Planning Town Hall and 100 East Phoenix Ave. Corporation Counsel P.O. Box 589 Normal, Illinois 61761

the Redeveloper: with a copy to:

Normal Lodging, LLC Bruce D. Goodman c/o Swift Hospitality Group, Inc. Timm & Garfinkel, LLC 1525 S. Forest Road, Suite 200 770 Lake Cook Road, Suite 150 Freeport, IL 61032 Deerfield, IL 60015


or to the last known address of either party or to the address provided by any assignee if such address has been given in writing. In the event said notice is mailed, the date of service of such notice shall be deemed to be two (2) business days after the date of delivery of said notice to the United States Post Office.

16.7 Severability. If any provision of this Agreement is held to be invalid, the remainder of

this Agreement shall not be affected thereby. 16.8 Project Sign. Prior to commencement of construction of the Project the Redeveloper

shall place at the front of the Project a Project identification sign which sign shall contain the following:

(a) A colored elevation view of the Project being constructed; (b) A listing of the Project team including the Town; and (c) A brief two (2) or three (3) line description of the Project.

16.9 Memorandum of Agreement. At either party's request, the parties shall execute and

record a Memorandum of Agreement with respect to the Project and the Hotel Property in the form attached as Exhibit 5.

16.10 Further Assistance and Corrective Instruments. The Town and the Redeveloper agree

that they will, from time to time, execute, acknowledge and deliver, or cause to be executed, acknowledged and delivered, such supplements hereto and such further instruments as may reasonably be required by the parties hereto for carrying out the intention of or facilitating the performance of this Agreement.

16.11 Environmental Remediation. Except as provided in Article IV above, the Redeveloper,

at its sole cost and expense, shall provide Environmental Remediation to the Hotel Property.

16.12 Time for Performance. If the time for performance of any obligation hereunder falls on

a Saturday, Sunday or legal holiday, such deadline shall automatically be deemed extended to the next business day.


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 above written. TOWN OF NORMAL an Illinois municipal corporation By: ___________________________________

Chris Koos Its President, Board of Trustees

Attest: By: ___________________________________

Wendellyn J. Briggs Its City Clerk

NORMAL LODGING, LLC an Illinois limited liability company By: __________________________________ Print Name: ___________________________ Title: ________________________________


TOWN OF NORMAL/RADISSON REDEVELOPMENT AGREEMENT

EXHIBITS Exhibit 1 Project Site Exhibit 2 Project Budget Exhibit 3 Project Exhibit 4 Declaration of Uses, Covenants and Restrictions Exhibit 5 Memorandum of Agreement

Exhibit 1


Project Site Lot 11 in Northmeadow Subdivision in the Town of Normal, according to the plat thereof recorded on 25 October 1978 as Document No. 78015579 in McLean County, Illinois. Except all coal and other minerals underlying said lands, together with the right to mine and remove same. Situated in McLean County, Illinois. Commonly known as: 8 Traders Circle, Normal, Illinois. Real Property Tax Identification Number: 14-16-378-001.

Exhibit 2


Project Budget

Exhibit 3


Project

Redevelopment of the former Holiday Inn into a 158 room Radisson Hotel and Conference Center with approximately 7900 s/f of Conference Center located at 8 Traders Circle, Normal, Illinois.

Exhibit 4


Prepared By:

Jack B. Teplitz Jack B. Teplitz & Associates 331 Fulton St., Ste. 620 Peoria, Illinois 61602

After recording return to:

Steven Mahrt Corporation Counsel Town of Normal 100 E. Phoenix PO Box 589 Normal, Illinois 61761

DECLARATION OF COVENANTS, USES AND RESTRICTIONS

Normal Lodging, LLC, an Illinois limited liability company (the "Declarant"), is the owner of certain real property located in the Town of Normal, the County of McLean, the State of Illinois, more fully described in Exhibit A attached hereto and made a part hereof (the "Hotel Property").

The Declarant has entered into the Town of Normal/Radisson Redevelopment Agreement (the "Agreement") dated as of _______________, 2011, with the Town of Normal (the "Town"). The Agreement provides that the Declarant shall develop a project as described in the Agreement (the "Project") on the Hotel Property, which Project will further the development of the Town of Normal, Illinois Main/I-55 Tax Increment Redevelopment Plan adopted by the Town on August 4, 2008 (the "Plan"). The Plan was recorded with the McLean County Recorder on ________________, 2008 as Document No. _______. For the purpose of enhancing and protecting the value, the attractiveness and the desirability of the Project as developed pursuant to the terms of the Agreement; for the purpose of protecting the rights of the Town pursuant to the terms of the Agreement; and for the purpose of enhancing and protecting the purposes of the Plan as aforementioned, the Declarant hereby declares that all of the Project and Hotel Property and each part thereof shall be held, sold, and conveyed only subject to the following covenants, uses and restrictions, which shall constitute covenants running with the land and shall be binding on all parties having any rights, title or interest in said property or any part thereof, their heirs, successors and assigns, and shall inure to the benefit of each owner thereof.

1. The Hotel Property and the Project shall be subject to the Agreement and the terms, covenants, building and use restrictions, and conditions in the Plan.

2. The Declarant agrees that the Declarant shall not discriminate in violation of all applicable federal, state or local laws or regulations upon the basis of race, color, religion, sex, age, national origin or other applicable factors in the sale, lease or rental or in the use or occupancy of the Hotel Property or Project or any part thereof.

Exhibit 4


3. The Declarant covenants that it will pay all real estate taxes with respect to the Hotel Property or Project when due; and shall not apply for, seek, or authorize any exemption from the imposition of general real estate taxes on said Hotel Property or Project without first obtaining the prior written approval of the Town of Normal. Nothing herein shall be construed so to prevent Declarant from contesting the assessment or collection of any taxes under statutory procedures set forth in the Illinois Compiled Statutes; provided that the Declarant, its successors and assigns shall give the Town of Normal fifteen (15) days prior written notice of its intent to contest the assessment or collection of taxes.

GENERAL PROVISIONS

4. It is intended and agreed that the covenants provided in Sections 1 and 3 of this Declaration

shall remain in effect until the earlier of (i) termination of the Plan or (ii) December 31, 2027; and the covenants provided in Sections 1 and 3 shall remain effective without any time limitation; provided, that all such covenants shall be binding on the Declarant only for such period as the Declarant maintains a direct ownership interest in the Hotel Property or Project or part thereof (excluding, for example, an interest therein solely as a creditor or mortgagee), and only with respect to such direct ownership interest in the Hotel Property or Project or part thereof. The termination of the covenants in Sections 1 and 3 shall be effective upon the happening of the events described in this Section 5 without any further action by either Declarant or the Town and without the recording of any release or other document.

5. Subject to Section 5 above, it is intended and agreed that the covenants set forth in Sections 1

through 4 above shall be covenants running with the land and that they shall in any event and without regard to technical classification or designation as legal or otherwise, be binding to the fullest extent permitted by law and equity, for the benefit and in favor of and enforceable by the Town and with regard to Section 2 above, the Town, the State of Illinois, and the United States of America.

6. Failure by the Town or as the case may be, by the State of Illinois or the United States of

America to enforce any covenant or restriction herein contained, shall in no event be deemed a waiver of the right to do so thereafter.

7. Invalidation of any one of these covenants or restrictions by judgment or court order, shall in

no way affect any other provisions, which shall remain in full force and effect. 8. Covenants and restrictions of this Declaration may be amended by the Declarant only by duly

recording an instrument, executed and acknowledged by the Town.

Executed at Normal, Illinois, on the date first above written.

NORMAL LODGING, LLC an Illinois Limited Liability Company By: ___________________________________ Print Name: ____________________________ Title: __________________________________

Exhibit 4


STATE OF ILLINOIS ) ) SS

COUNTY OF ___________ )

I, the undersigned, a Notary Public in and for said County and State aforesaid, DO HEREBY CERTIFY that _____________________________, personally known to me to be the _______________ of Normal Lodging, LLC, an Illinois limited liability company, and personally known to me to be the same person whose name is subscribed to the foregoing instrument, appeared before me this day in person and acknowledged that he signed, sealed and delivered the said instrument as his free and voluntary act as such _________________, and as the free and voluntary act of Normal Lodging, LLC, for the uses and purposes therein set forth; and on his respective oath stated that he was duly authorized to execute said instrument.

GIVEN under my hand and notarial seal this _____ day of _________________, 2011.

_______________________________________ Notary Public

Exhibit 4


EXHIBIT A

Hotel Property

Lot 11 in Northmeadow Subdivision in the Town of Normal, according to the plat thereof recorded on 25 October 1978 as Document No. 78015579 in McLean County, Illinois. Except all coal and other minerals underlying said lands, together with the right to mine and remove same. Situated in McLean County, Illinois. Commonly known as: 8 Traders Circle, Normal, Illinois. Real Property Tax Identification Number: 14-16-378-001.

Exhibit 5


Prepared By:

Jack B. Teplitz Jack B. Teplitz & Associates 331 Fulton St., Ste. 620 Peoria, Illinois 61602

After recording return to:

Steven Mahrt Corporation Counsel Town of Normal 100 E. Phoenix PO Box 589 Normal, Illinois 61761

MEMORANDUM OF AGREEMENT Normal Lodging, LLC (the "Redeveloper") and the Town of Normal (the "Town") have entered into a Town of Normal/Radisson Redevelopment Agreement dated as of _______________, 2011 (the "Agreement") with respect to certain real property located in the Town of Normal, the County of McLean, the State of Illinois, more fully described in Exhibit A attached hereto and made a part hereof (the "Hotel Property"). The Agreement provides that the Redeveloper, subject to certain terms and conditions set forth in the Agreement, shall develop a project as described in the Agreement (the "Project") on the Hotel Property. Dated: _____________________, 2011 TOWN OF NORMAL an Illinois municipal corporation By: ___________________________________

Mark R. Peterson Its City Manager

Attest: By: ___________________________________

Wendellyn J. Briggs Its City Clerk

NORMAL LODGING, LLC an Illinois limited liability company By: __________________________________ Print Name: ___________________________ Title: ________________________________

Exhibit 5


STATE OF ILLINOIS ) ) SS COUNTY OF MCLEAN ) I, the undersigned, a Notary Public in and for said County and State aforesaid, DO HEREBY CERTIFY that Mark R. Peterson and Wendellyn J. Briggs, personally known to me to be the City Manager and City Clerk, respectively, of the Town of Normal, an Illinois municipal corporation, and personally known to me to be the same persons whose names are subscribed to the foregoing instrument as such City Manager and City Clerk, respectively, appeared before me this day in person and severally acknowledged that they signed, sealed and delivered the said instrument as their free and voluntary act as such City Manager and City Clerk, respectively, and as the free and voluntary act of said municipal corporation for the uses and purposes therein set forth; and on their respective oaths stated that they were duly authorized to execute said instrument. GIVEN under my hand and notarial seal this ____ day of , 2011.

_______________________________________ Notary Public

STATE OF ILLINOIS )

) SS COUNTY OF _________ )

I, the undersigned, a Notary Public in and for said County and State aforesaid, DO HEREBY CERTIFY that _____________________ and _____________________, personally known to me to be the _____________________ and _____________________ of Normal Lodging, LLC, an Illinois limited liability company, and personally known to me to be the same persons whose names are subscribed to the foregoing instrument as such _____________________ and _____________________, appeared before me this day in person and severally acknowledged that he signed, sealed and delivered the said instrument as his free and voluntary act as such _____________________ and _____________________, and as the free and voluntary act of Normal Lodging, LLC, for the uses and purposes therein set forth; and on their respective oaths stated that they were duly authorized to execute said instrument.

GIVEN under my hand and notarial seal this _____ day of ________________, 2011.

_______________________________________ Notary Public

Exhibit 5


EXHIBIT A

Hotel Property

Lot 11 in Northmeadow Subdivision in the Town of Normal, according to the plat thereof recorded on 25 October 1978 as Document No. 78015579 in McLean County, Illinois. Except all coal and other minerals underlying said lands, together with the right to mine and remove same. Situated in McLean County, Illinois. Commonly known as: 8 Traders Circle, Normal, Illinois. Real Property Tax Identification Number: 14-16-378-001.

New

Business


December 1, 2011

Motion to Adopt a Local Preference Purchasing Policy

PREPARED BY: Mark R. Peterson, City Manager BUDGET IMPACT: Unknown STAFF RECOMMENDATION: Approval ATTACHMENTS: Proposed Purchasing Policy, Letter of Support from McLean

County Chamber of Commerce and Memorandum from Corporation Counsel Steve Mahrt

BACKGROUND The Town of Normal Community Wide Sustainability Plan and 2035 Report: Plans for a Sustainable Normal was completed and delivered to the Council in August of 2010. The Council formally adopted the plan on February 7, 2011. The Sustainability Plan includes a number of recommendations in various categories such as arts and culture, government services, community building, health and wellness, economic development, etc. These recommendations are designed to help make Normal a more sustainable community.

The plan also includes a number of “quick start” recommendations designed to launch the various sustainability initiatives that are included in the plan. It is understood that many of the recommendations included in the plan are long term in nature and involve engaging the entire community. Those that were identified as quick starts were determined to be generally under the control of the Town of Normal and also achievable with minimal upfront financial investment. On July 11, 2011, the Council met with the staff to review the quick start recommendations included in the plan and to provide staff with some guidance as to where it should focus its resources over the coming 12 months in order to achieve the most critically important and desirable recommendations.

As a result of that meeting, the Council established 14 priority projects for the staff to pursue over the coming year. One of those projects is to develop a Local Preference Purchasing Policy designed to provide local businesses and service providers some preference in the purchase of goods and services by the Town of Normal. The policy is intended to acknowledge that local businesses share their income with the community in a variety of ways including the payment of taxes, creation of jobs, donation to local charities, membership in local organizations and sponsorship of local events and organizations. The adopted Sustainability Plan encourages the Town of Normal and other organizations to develop procurement policies to encourage the use of local and green businesses so as to help the community prosper and help to develop a sustainable economic base within McLean County. DISCUSSION/ANALYSIS The draft policy attempts to provide a modest advantage for local businesses when attempting to sell services and products to the Town of Normal. In developing the proposed Local Preference Purchasing Policy, staff gathered similar policies from many other communities throughout the Midwest. It was our


intent to keep the policy relatively simple and yet provide a meaningful advantage to local merchants and employers seeking to do business with the Town of Normal. At the same time, it was our goal to ensure that any preferential treatment of local businesses will not create a burden to the taxpayers nor require the taxpayers to assume unreasonable costs for the purchase of goods and services. With helpful input from Charlie Moore, President and CEO of the McLean County Chamber of Commerce, I think the staff has developed a draft policy that achieves those goals. You will note that the policy does provide the Council with the right, if appropriate, to waive the policy or amend the policy. The policy also includes a caveat that acknowledges that the Town oftentimes uses Federal and State funding sources that specifically and expressly prohibit any sort of local preference purchasing policy. Finally, the policy attempts to define what is a local business, or in this case, a “local bidder”. This was a difficult challenge and again I must acknowledge the assistance of Chamber of Commerce President and CEO Charlie Moore in assisting with the development of the local bidder definition that is included in the draft policy. In conclusion, I will direct your attention to a separate attached memorandum that was prepared by Corporation Counsel Steve Mahrt. In that memorandum, Mr. Mahrt acknowledges that case law does not seem to support the imposition of local preference purchasing policies in connection with public sector bidding. However, it is clear that local preference purchasing policies are very common and many communities within Illinois have adopted such policies. In fact, a number of those policies were used as models in developing the proposed policy before the Council this evening. However, it is important for the Council to understand that there exists some risk of a legal challenge associated with this policy even though, to the best of our knowledge, few municipal local preference purchasing policies in Illinois have been challenged. Further, Steve points out in his memo that such a local preference policy may be justified under the Town’s Home Rule authority as a “rational desire to support business entities that contribute to the local economy”. Despite these legal concerns, staff does recommend that the Council adopt the proposed policy.

DRAFT

Local Preference Purchasing Policy

Purpose:

This policy is adopted to give some preference, for the purchase of goods and/or services, to local businesses. It is acknowledged that local businesses share their income with the community in a variety of ways including the payment of taxes, creation of jobs, donations to local charities, membership in local organizations such as the Chamber of Commerce, sponsorship of local events and organizations, etc. The Town of Normal believes that such significant local contributions should be recognized when purchasing goods and services. Therefore, the Town seeks to provide such recognition by establishing a policy to give local businesses some preference when purchasing goods and services.

The Town acknowledges, however, that any preference of local businesses shall not result in burdensome and/or unreasonable costs to the taxpayers of the community nor should it restrict the Town from rejecting inferior products or services. This policy shall not apply in situations where external funding sources do not permit local preference purchasing allowances and in situations where the goods or services being purchased are available through a cooperative purchasing program such as the US Communities Government Purchasing Alliance and the State of Illinois Cooperative Purchasing Program. As is the case with all policies, the Town reserves the right to waive or amend this policy when it deems appropriate.

Policy:

It shall be the policy of the Town of Normal that a bidding preference shall be granted to bidders in a competitive bidding situation on the following scale:

5.0% up to a maximum of $2,500 on bids of up to $50,000

4.0% up to a maximum of $10,000 on bids of up to $250,000

3.0% up to a maximum of $30,000 on bids of up to $1,000,000

$50,000 on bids of over $1,000,000

The preferential discount will be applied to the low bid of all “Local Bidders” when determining the lowest responsible bid. This policy shall to apply to the purchase of all goods and services that are purchased via a competitive bidding process with a total cost of $10,000 or greater.

A “Local Bidder” shall be defined as any business that meets all of the following criteria:

• The business has established and maintained a physical presence within the County of McLean , via the ownership or lease of a building or a portion of a building, for a period of not less than 12 consecutive months; and

• The business employs a minimum of two (2) full time employees at the McLean County location and that those employees spend the majority of their work day and work week at the McLean County location; and

• The business is legally authorized to conduct business within the State of Illinois and the County of McLean.

Local bidders shall indicate on the bid submission that the business qualifies as a “Local Bidder” under this policy. The Town of Normal will not be responsible for investigating whether or not a business qualifies as a local bidder if such indication is not included on the submitted bid. The City Manager shall have the sole and final authority to resolve any disputes that may arise over this policy.

INTEROFFICE MEMORANDUM

TO: MARK R. PETERSON

FROM: STEVEN D. MAHRT

SUBJECT: LOCAL PREFERENCE POLICY

DATE: 12/1/2011

________________________________________________________________________

Case law does not clearly support the imposition of a local preference policy in connection with public bidding for goods and services. Under a local preference policy a qualified local bidder receives a predetermined “credit” that effectively lowers the bid amount for bid comparison purposes, but does not change the amount actually paid for the goods or services purchased.

The proposed local preference policy for acquisition of goods and services (attached) may be justified based on Home Rule Authority and a rational desire to support business entities that contribute to the local economy by maintaining a physical presence, employing local workers and contributing to local social programs. In Court Street Steak House, Inc. v The County of Tazewell 163 Ill.2d 159, 643 N.E.2d 781, (1994) the Illinois Supreme Court upheld the award of a contract to a bidder based on a desire by the County Board to support employment for the mentally handicapped. The successful bidder maintained a training program for the mentally handicapped. The court said this was a rational policy choice and did not indicate an arbitrary preference.

The local preference policy may be improper under Illinois law given other statements made by the Illinois Supreme Court in the Court Street Steak House case. In Court Street the Supreme Court commented on the case of Cardinal Glass Co. v. Board of Education of Mendota Community Consolidated School District No. 289, 113 Ill. App. 3d 442, 69 Ill. Dec. 329, 447 N.E. 2d 546 (1983). In Cardinal Glass the local school board awarded a contract for window replacement to a local contractor (who was not the low bidder) based on a desire to keep money in the local community. The Illinois Supreme Court said this indicates “prejudice, not reasoned decision making.”

Likewise the Court of Appeals in Cardinal Glass said a desire to keep money in the local community indicates clear favoritism, without adequate and sufficient justification and constitutes arbitrary and capricious action.

2

Consequently, judicial validation of a local preference policy will require an extension of the social policy analysis sanctioned in Court Street. For instance a preference triggered when local unemployment is over 5% may be a legitimate policy consideration.


December 1, 2011

Motion to Approve the FYE 2012 – 2017 Community Investment Plan PREPARED BY: Andrew J. Huhn, Director of Finance REVIEWED BY: Mark R. Peterson, City Manager Pamela S. Reece, Deputy City Manager BUDGET IMPACT: The projects contained in the Community Investment Plan will

be incorporated into the FY 2012-13 budget and formally presented to Council for approval in March 2012.

STAFF RECOMMENDATION: Approval ATTACHMENTS: Community Investment Plan Report, Project Summary Sheets,

and the Parks and Open Space Summary Report

BACKGROUND The Community Investment Plan (CIP) is a document that is intended to assist the Town Council in their prioritization of major capital investments. In December of each year, Council reviews staff’s proposed capital project mix that covers a six year period. After receiving Council approval, staff then incorporates the corresponding projects into the Town’s annual operating and capital budget. The Council formally approves the project mix when considering the proposed operating and capital budget in March of the following year. The attached report provides a detailed overview of the CIP, including instructions on how to navigate the summary sheets and interpret the project categories and priority codes. In addition to the report staff has attached a copy of the CIP summary sheets, which show all funded and unfunded projects by budget fund.

DISCUSSION/ANALYSIS The proposed 2012-2017 CIP includes 114 capital projects that are to be completed over a six-year period beginning in the current fiscal year. Those 114 projects total approximately $46.9 million dollars. Additionally the report identifies $99 million of potential additional projects that are not being recommended over the six-year period. The Utility Service and Transportation categories account for the largest percentage of planned capital expenditures at 59% and 30% respectively. The Parks and Open Space and Public Facilities categories account for a combined 11% of capital expenditures in the report. The expenditure projection in this CIP is approximately $59,000 lower when compared to the previous year’s CIP report. The following table summarizes the expenditure differences by category between the current and previous year CIP.


CIP Category FYE 2012 - 2017 CIP FYE 2011 - 2016 CIPPublic Facilities $874,380 $905,035

Transportation Development $14,086,014 $16,828,046

Parks and Open Space Development $4,092,643 $2,222,480

Utility Service $27,797,763 $26,954,198

Total $46,850,800 $46,909,759

Funded Project Expenditures

Staff will be available at the council meeting to highlight a few of the significant capital projects and answer any questions. The full interactive report is currently posted in the headlines section of www.normal.org. The CIP report is available in the Finance Department section of the Town’s website.

TOWN OF NORMAL COMMUNITY INVESTMENT PLAN

FYE 2012 - 2017 Introduction The Community Investment Plan (CIP) is a planning document that is intended to assist the Normal Town Council in their prioritization of major capital investments that are projected to take place over a six year period. Through the preparation and review of each capital project in the CIP, both Town staff and elected officials are better able to effectively coordinate managed growth efforts with similar efforts that aim to both maintain and enhance the existing community. The CIP includes detailed information on each planned capital expenditure that the Town has projected over a six year period, including the current fiscal year. The information contained in this document will assist the Town Council in their future decision-making responsibilities, and will also serve as a valuable resource for the private sector as well as the general citizenry of Normal. The CIP Process The CIP is prepared annually by Town staff and is presented to the Town Council for review, comment and approval in December of each year. Beginning in September each year, Town staff members assemble individual project detail sheets for all currently approved and proposed capital projects over a six year period. For each project, staff lists the currently approved project timeline and cost, as well as any proposed changes for Council consideration. Each project sheet also includes a narrative description, projected operating budget impact and a staff priority rating. The priority rating is intended to provide Council with some further indication on staff’s perspective on the importance and flexibleness of the project. Projects that are either complete or are underway do not receive a project priority rating. The three staff priority ratings are listed below: Priority 1 (Critical): Project is believed to be critical or a top priority in the proposed year(s) Priority 2 (Important): Project should be completed with little deviation from the proposed year(s) Priority 3 (Flexible): Project that could be moved to a different year with little or no consequence

In December, staff presents a draft CIP to the Town Council for review and comment. At this time the Town Council can discuss any changes to the proposed project mix and projected project timelines. Once the Town Council has fully reviewed the draft CIP, Town staff then finalizes the document based on the direction provided from the Council. Once finalized, the CIP is then formally approved by the Town Council. Once the annual CIP has been approved by Council, Town staff then begins to incorporate the capital projects from the document into the annual five-year operating and capital improvement budget. Ultimately, the annual budget is approved by Council approximately one month prior to the start of the April 1st fiscal year. Relationship of the CIP to the Town’s Operating and Capital Budget The Community Investment Plan (CIP) is intended to serve as a planning tool and reference document related to major municipal capital projects. The CIP report is intentionally prepared several months prior to the Town’s operating and capital budget. The projects that are recommended in the CIP report are then incorporated into the budget document and formally approved by the Town Council prior to the Apri1 1st start of the new fiscal year. Because the CIP report is prepared several months prior to the budget document, it is expected that revenue and expense estimates may change from the time the CIP is prepared and the time the budget is approved. Furthermore, new project priorities may arise as a result of unforeseen circumstances, opportunities or infrastructure emergencies. As a result of these situations, the project costs and timelines in the CIP report may need to be altered prior to adoption in the Town’s capital and operating budget. Such changes will be presented to the Town Council for their consideration when the annual budget is formally approved. Description of the CIP Project Categories For CIP reporting purposes only, each capital project was assigned one of four project categories. These categories are unique to the CIP report and are not used in any other financial documents, including the Town’s operating and capital budget. The project categories are simply for organizational purposes and are intended to help the average reader comprehend and compare the large number of capital projects that are included in the report. The four CIP project categories can be summarized as follows: Transportation Development: This category encompasses all road, traffic signal, bridge and alley projects. Many of these projects involve the renovation of existing infrastructure, while others involve new

construction. Most projects in this category are funded in the Capital and Motor Fuel Tax funds that are specified in the Town’s operating and capital budget. Public Facilities Development: The Public Facilities category includes all renovations and new construction of facilities that house municipal government operations. Depending on the intended use of a facility, the project can be funded from a number of budget funds, including Capital, Water, and Sewer and Stormwater funds. Parks and Open Space Development: The Parks and Open Space category includes all projects that involve the development or redevelopment of public parks and related amenities. Projects in this category are typically funded in the Capital and Parkland Dedication budget funds. Utility Service Development: This category includes all public utility projects from the Town’s Water, Sewer and Stormwater utility funds. Each of these utility funds are designated as enterprise funds, meaning that the fees that are collected from customers are solely used to pay for the development and operation of the specific utility. For that reason, these projects are funded through the specific utility funds in the Town’s operating and capital budget. (i.e. water development projects are funded out of the Water Fund, sewer projects are funded out of the Sewer Fund, etc.) How to Navigate the CIP Report The FYE 2012 – 2017 Community Investment Plan (CIP) is presented in electronic format, consistent with the Town’s goal to reduce paper consumption organization wide. The CIP is accessible via the Town of Normal website at www.normal.org (Click on Town Government and then on the Finance Department). Once you have loaded up the CIP interface, you may sort project data by budget fund. At the top right of the screen there is a drop down box that will allow you to navigate through the individual budget funds. It is important to note that each of the budget funds have different and unique revenue support and also have limitations on what type of projects can be funded. For example, Parks and Open Space projects are generally funded out of the Capital or Parkland Dedication funds and cannot be funded out of the Motor Fuel Tax fund or any of the utility funds. Under each of the budget fund categories, there is an accompanying list of recommended projects and estimated costs that fall in a six-year budget period beginning in 2011-12 and ending in 2016-17. There are also projects that fall in the category of proposed projects that are not recommended in the six-year budget period. These projects were

identified by staff as potential capital projects, however due to revenue constraints and other project priorities they were ultimately not recommended and will be reevaluated in subsequent years. For each project listed on the CIP interface, whether recommended or not, there is a related project information sheet. If you would like more information on a particular project then you can access the project information sheet simply by clicking on its title. The individual project sheets include a brief narrative on the project, previously approved funding levels, pictures, the staff priority rating and more. Each of the projects listed on the interface are also color coded by project priority rating. A blue highlight indicates the project priority is a one, meaning staff believes that it is critical and should take place in the timeframe presented. A highlight of yellow indicates a priority rating of a two, which means that staff believes there the project should be completed with little deviation from the proposed timeframe. Thirdly, a green highlight indicates the project is fairly flexible and could be pushed back or forward as desired. A grey highlight indicates that the project has been completed or is currently underway. Prior to the listing of projects on the budget fund pages, you should take notice of the beginning available fund balance that this noted on the top right of each sheet. This fund balance includes carryover funds not expensed in the previous year. Directly below this beginning available fund balance begins the listing of recommended projects and the corresponding estimated expenses in the proposed years. After all the proposed projects have been listed there is a total expenditures line that equals the sum of all expenses in a given year. There are two other expense totals that appear on some budget summaries. Those include interfund transfers and operating expenses. Lastly, a projected revenue for each fiscal year is shown. Mathematically, you can start with the beginning fund balance, subtract total expenditures, subtract operating and interfund transfers (if applicable), and add total revenues to compute the ending fund balance. The ending fund balance must remain positive in all given years. The ending fund balance is then carried over to the next fiscal year to make up the beginning available fund balance at the top of the page. The budget fund sheets are intended to provide the Town Council an opportunity to comment on project priorities while looking at the bigger financial picture of a particular budget fund. The Town Council can use these summary sheets to direct staff to change the years in which a project is currently proposed. Also, the Town Council can choose to fund projects that are not currently proposed in the CIP timeframe. While many potential projects are listed at the bottom of the summary sheets, Council may also request projects that are not listed in the CIP report.

Executive Summary The CIP report contains 114 capital projects that are proposed to be completed in a six year period beginning in the current 2011-12 fiscal year and ending in fiscal year 2016-17. In addition there are dozens of additional projects that are listed in the report as not recommended due to revenue constraints and other project priorities. The capital projects recommended in this report total approximately $46.9 million in expenditures over the six year period. Additionally, this report identifies approximately $99 million dollars of projects that are not currently proposed due to revenue constraints and other project priorities. Town staff feels that these projects would add value to the community, and subsequently will reevaluate them on an annual basis. The bar chart below shows the funded versus unfunded project expenses by CIP category.

The approximately $46.9 million in recommended expenditures can be viewed graphically by CIP category. The pie chart on the following page illustrates the total capital funding in the four CIP categories.

The pie chart above illustrates that the Utility Service and Transportation categories account for the largest percentage of capital expenditures at 59% and 30% respectively. The Parks and Open Space and Public Facilities categories account for a combined 11% of capital expenditures in this report. The expenditure projection in this CIP is approximately $59 thousand lower when compared to the previous year’s CIP report. The Public Facilities and Transportation Development categories show a decrease from last year’s plan while Parks and Open Space Development and Utility Service categories reflect an increase. The table below summarizes the basic expenditure differences between the current and previous year CIP.

Funded Project Expenditures CIP Category FYE 2012 - 2017 CIP FYE 2011 - 2016 CIP Public Facilities $874,380 $905,035 Transportation Development $14,086,014 $16,828,046 Parks and Open Space Development $4,092,643 $2,222,480 Utility Service $27,797,763 $26,954,198

Total $46,850,800 $46,909,759

Over the years the project distribution mix may change slightly as funding objectives and priorities change. The addition of one or more large projects could have a significant impact on the percentages of expenditures by category. For this reason, it is important to consider the underlying project data when comparing capital distributions by CIP category from year to year.