HomeMy Public PortalAbout05.08.00 COW AgendaRichard A. Rock
PRESIDENT
TRUSTEES
Stephen J. Calabrese
VILLAGE OF PLAINFIELD Michael Colli s
WILL COUNTY'S OLDEST COMMUNITY Katnyo'connell
Steven L. Rathbun
Raymond Smolich
WORKSHOP OF THE PRESIDENT AND BOARD OF TRUSTEES Susan Janik
VILLAGE CLERK
HELD ON MONDAY, MAY 8, 2000
AT THE VILLAGE BOARD ROOM
530 W. LOCKPORT STREET, SUITE 206, PLAINFIELD
7:00 P.M.
1) CALL TO ORDER, ROLL CALL, PLEDGE
a) Approval of Minutes of Workshop Meeting Apri124, 2000.
2) PROPOSED JEWEL INCENTIVE AGREEMENT.
Discussion relative to the proposed financial incentive agreement for the Jewel to be located
at 13S`'' and Rt. 59. The agreement calls for a five year SO% sales tax rebate. The Village
will receive the first $125,000 annually, Jewel will receive the 2"d $125,000 and the two
parties will shaze equally the remainder. The Agreement period begins July 1, 2001. Jewel
plans to be open before that date.
3) FISCAL YEAR 2000 AUDIT.
Discussion and consideration of a proposal from the Village's auditing firm, Wermer,
Rogers, Doran, and Ruzon to provide auditing services to the Village of Plainfield for the
fiscal yeaz ended Apri130, 2000. The current auditing firm's three-year contract expired at
the end of the fiscal year 1999 audit. Staff had previously requested the current auditing firm
to provide a proposal to perform the fiscal year 2000 audit for the Village. The auditing firm
provided a proposal pursuant to the request. The proposal indicates a fee for the fiscal year
2000 audit in the amount of $13,720 far the audit of the Village plus another $3,7$0 to
perform bookkeeping services for the Police Pension Fund. The total amount of the proposal
is $17,500. Staff is seeking Board permission to enter into aone-year contract with the
current auditing firm for a price not to exceed $17,500.
4) INTERNET/E-MAIL POLICY.
Discussion of the proposed policy relating to the use of the Village information system. The
attached policy, if approved by the Board, would be included in the Village's Personnel
Manual. The policy limits the personal use of Village equipment and establishes conduct
guidelines for e-mail and Internet use.
530 W. LOCKPORT STREET, SUITE 206 •PLAINFIELD, ILLINOIS 60544 (815) 436-7093 Fax (815) 436-1950
5) POLICE STATION.
A request by the Chief of Police for the Village Board to consider an addition of
approximately 3,200 square feet to the current facility, in an effort to provide adequate work
space and improve efficiency of police operations.
6) ANY OTHER BUSINESS.
7) EXECUTIVE SESSION for discussion of property acquisition.
DEFERRED ITEMS
Utility Concrete -Terry Burghard
Community Development Interviews -Terry Burghard
Joint Meeting with Plan Commission -J. Testin
Ordinance Updates - J. Testin
Open Space Definition - J. Testin
Radium Compliance -Allen Persons
DesPlaines Street Power Lines-Terry Burghard
DesPlaines Street Design -Allen Persons
Davis Property Rl?P for Developers -Larry
Comprehensive Plan interviews - J. Testin
Meeting Place Design -Larry
Downtown Guidelines - J. Testin
Civic Center - T. Burghard
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Richard A. Rock
PRESIDENT
May 2, 2000
rausrEEs
Stephen J. Calabrese
VILLAGE OF PLAINFIELD John H. Cherry
Michael Collins
WILL COUNTY'S OLDEST COMMUNITY Kathy O'Connell
Steven L. Rathbun
Raymond Smolich
Susan Janik
VILLAGE CLERK
To: Mayor Rock and the Board of Trustees
From: Chris Minick, Finance Director
Subject: Fiscal Year 2000 Audit
Attached is a proposal from the Village's current auditing firm (Wermer, Rogers, Doran,
and Ruzon) (WRDR) to perform the audit for the fiscal year ending Apri130, 2000. The
contract with the auditing firm expired at the completion of last year's audit. That
contract was for athree-year period. I requested a one-year proposal from the current
auditing firm with the expectation that at the conclusion of the fiscal year 2000 audit, we
would request proposals from qualified firms for a three or five year contract.
The annual audit is required by State Statute, and is the Board and public's check on the
financial status of the Village and financial activities of the Staff.
WRDR has provided excellent service to the Village since I have been employed here.
Their staff is polite, courteous, and knowledgeable about governmental accounting and
auditing procedures and practices. They have provided excellent service to the Village
and they have helped us meet our deadlines and commitments, especially during the bond
issuance process we went through last year. I have also been able to call with questions
when they have arisen and they have provided prompt responses.
The proposed price of the Village's audit for Fiscal Year 2000 is estimated at $13,720
plus an additional fee of $3,780 to perform the bookkeeping related to the Police Pension
Fund's investments. This makes the grand total of the services to be provided $17,500
for fiscal year 2000; however the Police Pension Fund would pay for the $3,780
bookkeeping charge plus an additional $1,500 for auditing services.
This price represents a substantial increase (40%) over the bid for the1999 audit. Some
of the reasons for this increase include the increasing complexity of the Village's
finances, additional bookkeeping work for the Police Pension Fund as mentioned above,
two significant bond issues (one completed, one in progress) the implementation of a TIF
district with its related additional reports, as well as a change in accounting standards.
. A11 of these issues have required the auditors to put in additional work over their
530 W. LOCKPORT STREET, SUITE 206 •PLAINFIELD, ILLINOIS 60544 (815) 436-7093 Fax (815) 43fi-1950
anticipated workload when they originally bid the job in 1997. So far, they have only
billed the Village for the additional bookkeeping related to the Police Pension Fund, (the
nature of this work is clearly outside the scope of an audit as noted in their 199$
Management Operations Letter) and absorbed the casts of the additional time related to
the other issues. I sent a letter to the Police Pension Fund in January of 1999. That letter
encouraged them to hire a bookkeeping firm to handle the monthly bookkeeping of the
Police Pension Fund. They declined to respond to my letter, and did not hire a
bookkeeping firm; thus I had no choice but to have the auditors perform those services
for the fiscal 1999 audit.
The Village also gains some eff ciencies dealing with the same accounting firm on an
annual basis. The firm can assign staff who are familiar with and already have
experience auditing the Village. This makes the audit process run more smoothly
because staff does not have to explain all of the accounting reports and policies and
procedures to the auditors.
There are accounting firms that can do our audit more cheaply. Most of those firms;
however, do not have the requisite expertise to handle adequately a governmental client.
Governmental accounting is a specialty. WRDR has experience auditing other
governmental clients, and has impressed me with their knowledge of the principles and
practices of governmental accounting. Mr. Ed Marso, the partner on the Village's audit,
is a member of the "Government Accounting-Local Government Units Committee" of
the Illinois CPA Society and a member of the Illinois Government Finance Officers
• Association.
WRDR has done goad work for the Village. I have been very happy with the level of
service provided and the responsiveness of their firm to our requests.
We will put out a formal Request for Proposals after the conclusion of the Fiscal Year
2000 audit to receive bids from other qualified firms for auditing services for 3 or 5 years
beginning in fiscal year 2001.
Recommended Action:
Approve the proposal from Wermer, Rogers, Doran and Ruzon for auditing services for
the fiscal year ended Apri130, 2000 at a total cost not to exceed $17,500.
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DI ~ R m f R, R O G~ R S, D O R fl n~ R U 7 O n CERTIFIED PUBLIC ACCOUNTANTS
EMCO PLAZA BLbG., SUITE 202, 57 NORTH OTTAWA STREET, JOIJET, ILLINOIS 60432-1369 • 815/722-8893 • FAX 815/722-4263
February 16, 2000
To The President and Board of Trustees
Village of Plainfield
530 W. Lockport Street, Suite 206
Plainfield, Illinois 60544
President and Board of Trustees:
~ao~r~~y~ ~~yL,
We are pleased to confirm our understanding of the services we are to provide for the Village of
Plainfield for the year ended April 30, 2000. We will audit the general purpose financial statements of
the Village of Plainfield as of and for the year ended April 30, 2000. We will submit to you the following
documents:
1) 25 copies of the Audit Report
2) 25 copies of the Proprietary Fund Audit Report
3) 3 copies of the Annual Municipal Financial Report
4) 2 copies of the report for publication
. 5) 2 copies of the Police Pension Fund report for the State of Illinois
Department of Insurance
Our audit will be conducted in accordance with generally accepted auditing standards and the
standards for financial audits contained in Government Auditing Standards, issued by-the Comptroller
General of the United States, and will include tests of the accounting records of the Village of Plainfield
and other procedures we consider necessary to enable us to express an unqualified opinion that the
general purpose financial statements are fairly presented, in all material respects, in conformity with
generally accepted accounting principles. If our opinion is other than unqualified, we will fully discuss. the
reasons with you in advance. If, for any reason, we are unable to complete the audit, we will not issue a
report as a result of this engagement.
Our procedures will include test of documentary evidence supporting the transactions recorded in
the accounts, and may include tests of the physical existence of inventories, and direct confirmation of
receivables and certain other assets and liabilities by correspondence with selected individuals, creditors,
and financial institutions. We will request written representations from your attorneys as part of the
engagement, and they may bill you for responding to this inquiry. At the conclusion of our audit, we wilt
also request certain written representations from you about the financial statements and related matters.
An audit includes examining, on a test basis, evidence supporting the amounts and disclosures
in the financial statements; therefore, our audit will involve judgment about the number of transactions to..
be examined and the areas to be tested. Also, we will plan and pertorm the audit to obtain reasonable
assurance about whether the financial statements are free of material misstatement. Because of the
concept of reasonable assurance and because we will not perform a detailed examination of all
transactions, there is a risk that material errors, fraud, or other illegal acts may exist and not be detected
by us. However, we will inform you of any material errors and any fraud that come to our attention. We
will also inform you of any other illegal acts that come to our attention, unless clearly inconsequential.
Our responsibility as auditors is limited. to the period covered by our audit and does not extend to matters
that might arise during any later period for which we are not engaged as auditors.
Members of American /nstitute of Certified Public Accountants/lllinais CPA Society
To The President and Board of Trustees
Village of Plainfield
. February 16, 2000
Page Two
We understand that our reports on the internal control structure as part of the financial audits and
on compliance with laws and regulations are intended far the information of the audit committee,
management, and others within the Village of Plainfield and applicable federal and state agencies.
We understand that you will provide us with the basic information required for our audits and that
you are responsible for the accuracy and completeness of that information. We will advise you about the
appropriate accounting principles and their application and will assist in the preparation of your financial
statements, but the responsibility for the financial statements remains with you. This responsibility
includes the maintenance of adequate records and related internal control structure policies and
procedures, the selection and application of accounting principles, and the safeguarding of assets:
Management is also responsible for identifying and ensuring that the entity complies with applicable laws
and regulations.
Our audit is not specifically designed and cannot be relied on to disclose reportable conditions,
that is, significant deficiencies in the design ar operation of the internal control structure. However,
during the audits, if we become aware of such reportable conditions or ways that we believe
management practices can be improved, we will communicate them to you in a separate letter.
The management of the Village of Plainfield is responsible far establishing and maintaining an
intemal control structure. In fulfilling this responsibility, estimates and judgments by management are
• required to assess the expected benefits and related costs of intemal control structure policies and
procedures. The objectives of an intemal cantrol structure are to provide management with reasonable,
but not absolute, assurance that assets are safeguarded against loss from unauthorized use or
disposition and that transactions are executed in accordance with management's authorizations and
recorded properly to permit the preparation of general prase financial statements in accordance with
generally accepted accounting principles.
In planning and pertorming our audit for the year ended April 30, 2000, we will consider the
internal control structure in order to determine our auditing procedures for the purpose of expressing our
opinion on the Village of Plainfield's general purpose financial statements and not to provide assurance
on the internal control structure.
We will obtain an understanding of the design of the relevant policies and procedures and
whether they have been placed in operation, and will assess control risk. Tests of controls may be
pertormed to test the effectiveness of certain policies and procedures that we consider relevant to
preventing and detecting errors and fraud that are material to the general purpose financial statements
and to preventing and detecting misstatements resulting from illegal acts and other noncompliance
matters that have a direct and material effect on the general purpose financial statements. (Tests of
controls are required only if control risk is assessed below the maximum level.) our tests, if pertormed,
will be less in scope than would be necessary to render an opinion on the internal control structure
policies and procedures and, accordingly, no opinion will be expressed.
We will inform you of any matters involving internal control structure and its operation that we
consider to be reportable conditions under standards established by the American Institute of Certified
Public Accountants. Reportable conditions involve matters coming to our attention relating to significant
deficiencies in the design or operation of the internal control structure that, in our judgment, could
adversely affect the entity's ability to record, process, summarize, and report financial data consistent
with the assertions of management in the general purpose financial statements.
To The President and Board of Trustees
Village of Plainfield
. February 16, 2000
Page Three
Compliance with the laws, regulations, contracts, and grant agreements applicable to the Village.
of Plainfield is the responsibility of the Village of Plainfield's management. As part of obtaining
reasonable assurance about whether the general purpose financial statements are free of material
misstatement, we will pertorm tests of the Village of Plainfield's compliance with certain provisions of
laws, regulations, contracts, and grants. However, the objective of our audit will not be to provide an
opinion on overall compliance with such provisions, and we will not express such an opinion.
We expect to begin our audit in July and to issue our report no later than September 30, 2000.
As part of our services, we will perform monthly recaps of all activity pertaining to the Plainfield
Police Pension Fund in sufficient detail as required to prepare the annual report to the Illinois Department
of Insurance, Pension Division. We will also maintain the depreciation records for the Village's
enterprise fund.
The price for these services will be based on the actual time spent at our standard hourly rates,
plus travel and other out-of-pocket costs such as report production, typing, postage, etc. Our standard
hourly rates vary according to the degree of responsibility involved and the experience level of the
personnel assigned to your audit. Our invoices for these services will be rendered each month as work
progresses and are payable on presentation. Based on our preliminary estimates, the price will not
exceed the following amounts:
Year Village Pension Total
Ended Audit Fund Price
4/30/00 $13,720 $3,780 $17,500
These prices are based on anticipated cooperation from your personnel and the assumption that
unexpected circumstances will not be encountered during the audit. If significant additional time is
necessary, we will discuss it with you and arrive at a new price before we incur the additional costs. Any
work pertormed by us that is of a bookkeeping nature including the balancing and reconciling of the
accounting records will be billed by us at normal billing rates which range from $55.00 to $150.00 per
hour. Any such work will be discussed with you and approved before such work commences. The
Village will have the option of completing these tasks its own staff cognizant that the deadline for
completion may have to be extended.
Edward R. Marco is the partner in charge of all work we will perform for you. It will be his
responsibility to insure that your management receives good service. We will call upon other partners in
the firm for a second point of view or a specialized knowledge as necessary. He will be assisted by
other members of the staff as necessary.
Government Auditing Standards - 1994 Revision requires that we provide you with a copy of our
most recent quality control review report. Our 1998 peer review report accompanies this letter. .
To The President and Board of Trustees
Village of Plainfield
. February 16, 2000
Page Four
We appreciate the opportunity to be of service to the Village of Plainfield and believe this letter
accurately summarizes the significant terms of our engagement. If you have any questions, please let us
know. If you agree with the terms of our engagement as described in this letter, please sign the enclosed
copy and return it to us.
Sincerely,
~~Piv~,w~ ~a-r~e,~,, ~arta~ f /~
0 ~'J
WERMER, ROGERS, DORAN 8~ RUZON
Certified Public Accountants
Response:
This letter correctly sets forth the understanding of the Village of Plainfield.
Signature Title
Date
•
•
~~
Schumaker Romenesko & Associatessc
CERTIFIED PU6LIC ACCOUNTANTS & CONSULTANT'S
To the Partners
Wermer, Rogers, Doran & Ruzon
We have reviewed the system ofquality control for the accounting and auditin
Rogers, Doran & Ruzon (the firm g Practice of Wermer,
in effect for the year ended July 3l, 1998, paz review was
conducted in conformity with standards established by the Peer Review Boazd of the American
Institute of Certified Public Accountants (AICpA) We tested compliance with the firm's s
of quality control to the extent we considered appropriate. 'These tests included a review of seleseem
accounting and auditing engagements. ted
In performing our review, we have. given consideration to the quality control star
accounting and auditing practice issued by the AICPA. Those standards indicate that a firm's goal
control policies and procedures should be appropriately comprehensive and suitably designed in
relation to the firm's size, organizational structure o ratin
They state that variance in an individual's ~ Pe g policies, and the nature of its practice.
requirements or the firm's quality control polpicies~a do pro edurese can affect f professional
compliance with a firm's prescribed quality control policies and procedures and, the1ef~ee~e
effectiveness of the system,
In our opinion, the system of quality control for the accounting and auditing practice of Werme
Rogers, Doran & Ruzon in effect for the year ended July 31, 199$, has been desi ned in r
with the quality control standards for an accoun ' g accordance
and was being complied with for the year then ended to pro i~ g he firm with rleasona y the. AICPA
of conforming with professional standards in the conduct of that practice. ble assurance
~~,
November 18, 1995
.]
Jac.
.,.
I N PACT
2323 f. Capitol Drivr, P.O. Box 2459. Appleton. WI 54913-'>459 (~)2()) '733-7385 f=ax (920) 733-F022
Appleton • Green Bav • Oshkosh
wwwsr-a.com
MEMO: DICK ROCK, VILLAGE PRESIDENT
TERRY BURGHARD, ADMINISTRATOR
VILLAGE TRUSTEES
FROM: DON BENNETT, POLICE CHIFF ~~
DATE: MAY 3, 2000
SUBJECT: POLICE STATION ADDITION
I realize the Village Board is faced with many needed and warranted projects, such as
the new Wastewater Treatment Plant, Street/Signalization improvements, as well as
designing the new Village Hall/Community Center. Because of these projects and funding
requirements, Staff is somewhat reluctant to bring this issue before the Board. However, the
need to provide adequate work space and improve efficiency of criminal investigations,
patrol operations, briefings, and personnel assignments necessitate this matter at least being
brought to the Board's attention. Additionally, WESCOM Dispatch operations are in need of
more space immediately to handle added employees and caseload (volume) of 9-1-1 calls.
The issue of 9-1-1 call volume is being looked at by the 9-1-1 Emergency Telephone
System Board, of which I am a member. We are in the process of hiring a consultant to
conduct a feasibility study of consolidating PSAP's into two or three regional dispatch centers
in Will County. If successful, it would be our plan that WESCOM move into this new
building that would share and/or establish a new dispatch operation. Like many government
projects, Staff feels this process of public meetings, agreements, and overall discussion will
take several years to be in place. Our expansion, if approved, would allow us to
immediately move our Patrol and Investigative operations into the addition. My office
would then move to our current Sergeants' Office, and WESCOM would take over the area
where my office and conference room is located, with rent adjusted accordingly. Then, as
we continue to grow over the next few years, hopefully WESCOM will be able to move into
this concept of a Regional 9-1-1 Center.
Therefore, Staff views this project as a two-fold approach to our growth needs:
1. Expand the Patrol and Investigation Divisions within the new addition, which will
accommodate growth and improve efficiency.
2. Allow WESCOM to expand into the current Police Administration area (old Village
Boardroom), so that they can increase workstations and provide better configuration of
equipment and working conditions.
•
If approved, the expansion would allow far immediate and long-term use of the
police facilities. The growth spurt of the last two years has required the department to
increase office personnel, create an Investigative Unit, and add command staff. This
adjustment within the department has resulted in space problems and inefficiency between
work teams. The need for multiple Interview Rooms, and additional workstations and office
space has hampered our ability to effectively deal with multiple incidents/victims.
Additionally, Roll Call currently needs to be conducted in the Lunchroom, causing other
employees to leave and/or Rall Call being distracted by the TV, employees talking, etc. The
growth has caused the department to diversify into different units, shifts and department
needs/space usage.
Staff has checked with the architects of the prior expansion, Interplan Practice, to
obtain some basic floor plans and cost estimates of such a project. Additionally, we
contacted a local company, Harbour Contractors, Inc. of Plainfield, who builds government
buildings, to obtain a second opinion on costs and options of construction.
Staff has also talked to Finance Director Chris Minick on funding options that the
Board could consider for such a project. Additionally, Staff has had the building layout
reviewed by our Planning Department to ensure compliance with our flood plain ordinance.
This proposed expansion to the Law Enforcement Center meets the maximum allowed
under the ordinance, and it is the hope of Staff that this item can be discussed and direction
given as soon as possible on moving forward with design and construction opportunity. By
doing so, it should allow the department to continue use of this building for S to 10 more
years, pending growth trends.
DEB/Id
Enc. Interplan proposal
Harbour proposal
Planning Dept. notice
Finance Dept. notice
Interplan Practice Ltd,
ArcFeitectrcre/Engineerirag/Interior pesign
April 18, 2000
One 5oreth 28p 5urnrnitAuenue
Oakbrook Terrace, Illinois 60I8I
~l11~~~LI V ~~ Telephone 630.932-2336
Chief of Police -Donald E. Bennet Faxs3o.s32-2s3s
Village of Plainfield -Police Department APB ~ $ 2000 INTERPLAN
1400 West Division
Plainfield,. Illinois 60544 4alainfield Police P R a c r ~ c E
Department
Reference: Plainfield Police Station Addition PN: 0008
Preliminary Budget
Dear Chief Bennet:
Pursuant to your request, listed below is the preliminary budget for the above captioned project.
Note, we have separated the construction budget and design/engineering fees.
Plainfield Police Station Addition:
Gonstruction Budget $400,000.00 - $450,000.00
Design/Engineering Fees $32,000.00 - $40,000.00
If you have any further questions or comments please contact me in my office
Respectfully submitted,
~d~
Mike Carpenter
Intern Architect
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'1400 WEST DIVISION ST.
PLAINFIELD, ILLINOIS
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MAR90UR CONTRACTORS, INC.
Village of Plainfield -Police Renovations
PWnfleld, IL $484,718
conceptual Estimate #
Division Descriptipn
87_0022x0
Total $151.47
Building
Shell
Building
Site
Special
R uirements
pivision 1 -General Requirements $ 80,061 $25.02 69,878 9,437 746
Misc. 0 0 0
4 SubTotal $ 80,061 16.52% $25.02 69,878 9,437 746
Division 2 -Site Construction 60,520 12.49% $18.91 12,745 44,275 3,500
Division 3-Concrete 51,290 10.58% $16.03 51,290 0 0
Division 4 -Masonry 17,955 3.70% $5.61 17,955 0 0
Division 5 -Metals 3,200 0.56% $1.00 3,200 0 0
Division 5 -Wood and Plastics 38,437 7.93% $12.01 38,437 0 D
Division 7 -Thermal and Moisture Protection 37,961 7.83% $11.86 37,981 0 D
Division 8 -Doors and Windows 23,367 4.82% $7.30 23,367 0 0
Division 9 -Finishes 50,265 10.37% $15.71. 50,265 0 0
Division 10 -Specialties 2,165 0.4596 $0.68 2,165 0 0
pivision 11 -Equipment D 0.00% $0.00 0 0 0
Division 12 -Furnishings 0 0.00% $0.00 0 0 0
Division 13 -Special Construction 0 0.009'p $0.00 0 0 0
Division 14 -Conveying Systems D O.OOha $0.00 0 p 0
Division 15 -Mechanical 51,264 1 D.58% $16.02 51,264 p 0
Division 16 -Electrical 39,2D0 8.09% $12.25 39,200 0 0
SubTotal $ 455,686 94.01% $142.40 $397,727 $53,712 $4,246
Insurance 1.otx 4,879 1.01% $1.52 4,258 575 46
Excess Utility Fees o.oo~ Not Included 0 0.00% $0.00 0 0 0
Builders Risk o.oo% Not Included D 0.00% $0.00 0 0 0
Contingency o.oox None Included 0 D.00% $0.00 0 0 0
Building PennR 0.00% By Owner 0 0.00% $O.DO 0 0 0
Design/Testing Fee a,ooec By Owner 0 0.00% $0.00 0 0 0
CM / GC Fee 5.o0'L 24,154 4.98% $7.55 21,082 2,847 225
P S P Bond Cost o.oos: Not included 0 0.00% $O.DO 0 0 0
Conce~ual Estimate Total: $ 484,718 100.009'a $151.47 $423,067 $57,135 $4,517
Square Feet 3,200 AREA 3,200 0.11 3,2D0
Does nat include design fees $151.47 $ /AREA $132.21 $497,75fi $1.41
Design fees included $151.47 $ /AREA $132.21 $497,756 $1.41
$/SF $/Acre $/SF
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670022r1.xls
04/19/200D at 2:57 PM MCI-CSI Harbour Contrectors Inc.
Village of Plainfield -Police Renovations
Plainfield, IL
Assump#ions & Clarifica#ions
4/19/00 11:37
General Description
A. Conceptual estimate of the Village of Plainfield Police Department addition, based on SK1 drawn
by Interplan.
B. Approximately 3,200 SF addition located to the West of the existing facility. Estimated
construction time to be 4 months.
Div.#1 General Provisions
1 The building site /land is owned free and clear. by The Village of Plainfield (Owner) and is
guaranteed to be free of any hazardous materials and/or environmental issues. Should any
hazardous materials be encountered, all remediation costs shall be the responsibility of the
Owner, including any additional costs incurred due to construction schedule delays.
2 Owner to Provide all design services required to develop the building and the applicable civil/site
work requirements. The project will be designed per the local codes and ordinances.
3 Village of Plainfield shall provide all permits required without cost to Project.
4 Provide all services required to manage the construction activities. Provide full time supervision
on site to oversee the coordination, production and quality control.
5 No provisions for rerouting cabling for antennae.
Div.#2 Site activities
1 Demolition: Concrete curb, sidewalk, asphalt paving
2 Excavation includes: excavation and backfill for paving, foundations and slabs on grade. We
have assumed existing grades and soil conditions will provide adequate bearing pressures at
normal foundation /slab depths, no imported fill is included. No Topographical survey or soils
condition documentation were provided.
3 Provide asphalt paving 2,000 SF allowance.
4 Water service from existing (100 LF of 4" allowed for)
5 Storm water (None included)
6 Sanitary sewer (100' allowance)
7 Landscaping is included as an allowance of $10,000 (including Berm around perimeter)
8 Included. in site concrete is: „175 LF of B6-12 curb & gutter; 400 SF of 5"
concrete sidewalk
9 A demolition allowance of $ 3,500 is included.
Div.#3 Concrete work
1 Structural concrete includes: Continuous perimeter foundation with 2'x2" insulation; no column
footings; 3,200 SF of 6" SOG with WWM on 4" aggregate base and vapor barrier for building
addition.
2 The perimeter foundation wall will match the height of the existing building wall. (High water
Protection).
Div.#4 Masonry
1 of 3
4/19/00 at 11:37 AM Scope Harbour Contractors Inc.
Village of Plainfield -Police Renovations
Plainfield, IL
Assumptions & Clariffcatlons
4/19/0011:37
1 Exterior wall is wood framed with brick veneer.
Div.#5 Metals
1 An allowance of $3,200 for lintels and misc. metals.
^iv.#6 Wood/carpentry
1 Included in rough carpentry is: Installation of 14 doors & frames, 532 LF of roof blocking, install
14 toilet accessories, roof trusses and decking and soffits.
2 An allowance of $3,000 for repair of entrance.
3 The structure is all wood framed.
Div.#7 Moisture Protection
1 Built up roofing system has been allowed for in flat area, and asphalt shingles in pitched areas.
2 Gutters and flashing have been allowed for.
3 Caulking and grouting of all HM frames is included.
Div.#8 Doors & /windows
1 Hollow metal doors and frames include: 14 doors & frames (3'0 x T0).
2 1 aluminum door and 315 SF of punched windows have been allowed for in exterior walls.
3 Included as an allowance is $ 5,600 for finish hardware. All hardware will conform to building
codes.
Div.#9 Finishes
1 Partitions shall be wood stud and gyp board. Toilet roams will have gyp ceilings with ceramic the
floors.
2 There is an allowance of $25 SY for carpet.
3 All baseboard to be vinyl.
4 Ceilings to be 2 x 4 acoustical tile.
5 All walls to be painted and exterior wood to be stained.
Div.#10 Specialties
1 No signage has been included, (Owners requirements not known).
2 2 fire extinguishers and cabinets, 14 toilet accessories have been allowed for.
Div.#11 Equipment
1 None included.
Div.#12 Furnishings
1 None included
Div.#13 Special
1 None included
2of3
4/19/00 at 11:37 AM Scope Harbour Contractors inc.
Village of Plainfield -Police Renovations
Plainfield, IL
Assumptions & Clarlflcatlons
4/19/00 11:37
Div.#14 Conveying
1 None included.
Div.#15 Mechanical
1 Included in Sprinkler system is: An ordinary hazard system attached to existing at an allowance
of $10,500.
2 Included in plumbing is: 30 ' of sewer line, 100' of 2" copper, 2 water closets, 2 lavatories, 1
electric water cooler, 1 point of use water heater, 1 janitors sink.
3 Office area HVAC shall be provided by rooftop unit(s).
4 No temporary heat or winter weather provisions included.
Div.#16 Electrical
1 No new electric service is included in base Electric. Electric is an allowance of $1 D 5F. An
allowance of $ 3,200 for life safety is included.
L.J
L
3of3
4/19/00 at 11:37 AM Scope Harbour Contractors Inc.
Richard A. Rock
PRESIDENT
TRUSTEES
MEMO TO
FROM:
DATE:
Stephen J. Calabrese
VILLAGE OF PLAINFIELD John H. Cherry
WILL COUNTY'S OLDEST COMMUNITY Michael Collins
Kathy O'Connell
Steven L. Rathbun
Raymond Smolich
VII~LAGE BOARD Susan Janik
VILLAGE
JEFFREY L. DUBBIN, Community Development Direc r
March 23, 2000
SUBJECT: LAW ENFORCEMENT CENTER EXPANSION
As you know, the Law Enforcement Center is located within both the regulatory
floodplain and floodway. The building was constructed prior to establishment of the
floodplain regulations. The regulations have specific criteria that relate to occupation and
use of structures in such locations, and establish criteria that must be addressed to
accomplish any expansion of the Law Enforcement Center.
Existing buildings located within a floodway are subject to more stringent regulations.
Expansions are permitted subject to building protection criteria and are limited to an
increase of no more than twenty percent of the first floor area or fifty percent of the
buildings market value (Section 2.7-9 (3) of the Flood Damage Prevention Ordinance).
The 1997 expansion complied with these provisions. As the state completes Rt. 59
improvements in this area over the next year the west Norman Drain culvert will be
expanded impacting the base flood elevation on the Law Enforcement Center site. Given
this and the departmental need to operate out of one facility, we investigated the
feasibility of another expansion.
I discussed the specifics of this expansion with Paul Ozman with the State Bureau of
Water Resources wha concurred that such an expansion would be permissible under our
ordinance, state requirements, and FEMA requirements so long as we comply with
Section 2.7-9 (3) and the building protection criteria.
This is a unique case and is compliant with the law. Board concurrence of this would be
appropriate.
cc: Chief Don Bennett
Ray Sarnowski, Building Official
Address file
•
530 W. LOCKPORT STREET, SUITE 206 -PLAINFIELD, ILLINOIS 60544 (815) 436-7093 -Fax ($15) 436-1950
"' ~ VILLAGE OF PLAINFIELD
WILL COUNTY'S OLDEST COMMUNITY
May 3, 2000
To: Chief Don Bennett
From: Chris Minick, Finance Director
Subject: Addition to Police Department Building
Susan Janik
VILLAGE CLERK
Pursuant to your recent request, I compiled some figures on amortization of costs of
$500,000 for an addition to the current police station. This scenario utilizes the cost
estimates that you provided previously. The annual costs average between $64,000 to
about $70,000 for principal and interest.
There is adequate funding in the annual budget to absorb these costs. The only thing we
need to make sure is that there is a commitment on the part of Boazd and Staff to da so
over a 10-year term. We also need to understand that this commitment may necessitate
the delay or cancellation of other future capital expenditures because of these principal
and interest costs and their effect on future budgets.
There aze several potential funding sources:
1. Impact Fees: These currently amount to approximately $375,000. Expansion of the
Police Department building is an issue that can be directly attributed to growth of the
Village, and this seems a logical funding source. These fees are currently funding
other types of capital improvements here in the Village.
2. Sales Tax Revenue: A portion of sales tax revenue could be earmarked for the
principal and interest payments on an annual basis. We currently receive over $1.2
million in sales tax revenue annually. This amount should increase significantly in
the next 3-5 years with the addition of the Meijer and Jewel stores and their related
outlots.
3. Illinois Income Tax Revenue: We aze budgeting approximately $770,000 for
income tax revenue for 2000-2001.
4. Utility Tax Revenue: We are budgeting over $1,000,000 in utility tax revenue for
2000-2001. We currently make principal and interest payments out of this revenue
• stream for other capital projects. If the Board agrees, we could easily pay for this
530 W. LOCKPORT STREET, SUITE 206 PLAINFIELD, ILLINOIS 60544 (815) 436-7093 Fax (815) 436-1950
Richard A. Rock
PRESIDENT
TRUSTEES
Stephen J. Calabrese
John H. Cherry
Michael Collins
Kathy O'Connell
Steven L. Rathbun
Raymond Smolich
project out of this revenue stream. This funding source has traditionally been limited
in its use (by Boazd policy) to fund certain capital projects and road improvements,
mainly those in the traditional "downtown" area.
These existing revenue sources could easily be tapped for such a project. We might also
be able to institute a "Law Enforcement Impact Fee" to enact at the time of Building
Permit. We should be able to assign costs of squaze footage of a police facility and
increased squad cars and equipment purchases to individual houses and assign a fee
accordingly. To date, I have not compiled such costs per house, but could do so if we are
interested in pursuing this as a funding source.
My recommendation is to use either Impact Fees or Utility Tax revenues to make the
principal and interest payments on the building addition. These revenues are currently
being used for other capital projects and are not being used for operations. Since the
building addition is a capital project, the fit seems natural.
I would also urge us to use an installment contract to finance this building addition rather
than using bonds. The requirements for a bond issue aze very cumbersome and time
consuming for such a small project..
Please see me so we can discuss this issue further.
cc: Terry Burghard, Village Administrator
L
LJ
Village of Plainfield
Debt Amortization -Police Department Building Addition
May, 2000
Annual Debt
Princi~ S~t.~ 1~11~t ~
5.25% 14,381.25
1 40,000 5.25% 14,381.25 68,762.50
5.35% 13,331.25
2 40,000 5.35% 13,331.25 66,662.50
5.50% 12,261.25
3 45,000 5.50% 12,261.25 69,522.50
5.60% 11,023.75
4 45,000 5.60% 11,023.75 67,047.50
5.70% 9,763.75
5 45,000 5.70% 9,763.75 64,527.50
5.75% 8,4$1.25
6 50,000 5.75% $,481.25 66,962.50
5.$5% 7,043.75
7 55,000 5.$5% 7,043.75 69,0$7.50
5.95% 5,435.00
8 55,000 5.95% 5,435.00 65,870.00
6.00% 3,79$.75
9 60,000 6.00% 3,798.75 67,597.50
6.15% 1,998.75
10 65,000 6.15% 1,998.75 68,997.50
500,000
175,037.50 675,037.50
Richard A. Rock
PRESIDENT
TRUSTEES
Stephen J. Calabrese
VILLAGE OF PLAINFIELD Michael Col s
WILL COUNTY'S OLDEST COMMUNITY Kathyo'Connell
Steven L. Rathbun
Raymond Smolich
Susan Janik
VILLAGE CLERK
To: Mayor Rock and Village Board
From: Larry Vaupel, Director of Economic Develo ent
Date: May 2, 2000
Subject: Jewel Incentive Agreement
The attached proposed financial incentive agreement with Jewel-Osco is the result of
many months of negotiation. I believe that the agreement provides a reasonable and
equitable incentive to Jewel in exchange for an early construction schedule, extra-
ordinary facade, off-site improvements (road, water and sewer) and an abundance of
landscaping that is above and beyond our requirements. The Economic Development
Commission recommends approval of the agreement. Here are the main terms of the
agreement.
^ Jewel must begin operating the store by December 31, 200] otherwise the agreement
is null and void.
^ The incentive period runs for five (5) years and begins July 1, 2001 even if the store
has not begun its operation.
^ The Village agrees to rebate 50% of the State sales tax generated at the store. For
each afthe five annual periods, the Village will receive the first $125,000, Jewel will
receive the second $125,000, and the remainder will be shared on a SO/SO basis.
^ The rebate cap is $900,000, which is the cost associated with the off-site
improvements far Jewel. (Although I•estimate the incentive package to be
approximately $700,000)
^ Jewel agrees to pay the Village for any outstanding recapture payments associated
with the property. They also agree to assign future recapture rights that may be
created by their improvements to the Village.
^ If Jewel voluntarily ceases operation for more than 90 consecutive days during the
rebate period, Jewel will refund any rebates that have been disbursed.
A representative from Jewel will be present to discuss this agreement with you. Their
current construction schedule will have them beginning in July 2000, sa they can be
under roof by winter. We are currently reviewing their final engineering plans.
If you have any questions, please let me know.
•
530 W. LOCKPORT STREET, SUITE 206 •PLAINFIELD, ILLINOIS 60544 (815) 436-7093 Fax (815) 436-1950
May-02-200 11:17am
Frnm-M K 5 ATTORNEYS AT LAW
31244~Ofi41 T-548 P.~p2 F-781
ECONOMIC INCENTIVE AGREEMENT
between
VILLAGE OF PL.AINFIELD,
a municipal corporation organized under the laws of the State of Illinois
and
u
AMERICAN STORES PROPERTIES, INC.,
a Delaware corporation
Dated: ~, 2000
Location: Route 59 & 135[h Street
Plainfield, Illinois
Store Number:
brak Da[ed: April 6, 2000
5-02-2p8~ 6 : 1 E;PM FROM P. 3
~~OF CONT,~NTS
Section
Page
i . Incorporation of Recitals .
......... . .................. - ............. ~
~. Legislative Authority . ...........
. . .......... .
.....................
2
3. Sales lax Rebate.
... .
.............. . ...... . .
3.1. Payment Obligation. ....
~
.............
.... . . . .............
3.2. Rase AmoundRebate Cap . ..... Z
. ..........
. _ ' • - ... - .... _ ......
3.3. Term of Payments ........ 3
. ...........
3.4. Conditions Precedent to Payment Obligations 4
. _ _ _
3.5. Exclusions from Rebate Payment pbligations
. _ _ ...... _
3.6. Payment Mechanism..
.... _ .
.
..
... g
. _ ........ ... . .........
_
_
_
3.7' Sales Tax Reports/Confidentiality,
~ - - ~ ~ ~ • 5
.. , , . , . • _ - • -
~.8. Refund of Rebate Pa
' ...... . .........
ments S
. .... - - - • .........
y
................. b
4. Recapture Rights . ..........
.. . ........ .
..........................
7
5. Villa e's
g Approval
. .. . ........... .
..............................
7
Fi. Default/Right To Cure. .....
, , ..... - • .
.............................
7
7. Nn Obligation Tv Develop, Open or Operate . ........ . ........
{~ [ 8]
... _ .
8. Notices. ....
.
................................................. 8
9• Attorneys' Fees . ........
....... .
10. Exhibits. .......
. .
..............................................
S
11. Severability . .... . . ..
........ . ..... .
......................... ~a}fy]
12. Relationship of the parties
......... . ... . .
...........................
9
13. Remedies Not Exclusive..
..... _ .
--•-• ........................~----•
9
1~- Authority to Execute. ....
.. , , . , . ,
...............................
9
15. Miscellaneous.
........................... ....._......._...._..
9
Draft pared: May 2, 2040 ~
5-02-2001 6:1CPM
FROM
P. d
3.4 and 3.5 below. The taxable sales subject to the Retailer's Occupation Tax
and the Retailer's Service Occupation Tax as a result of business transactions
occurring or originating from the Subject Property are sometimes hereinafter
referred to as the "Taxable Salg~". The Village acknowledges and agrees that
Sales Tax Revenues paid to the Village by the Illirois Department of Revenue
are not specifically allocated to specific properties or taxpayers, such as the
Subject Property or ASPI, respectively, and for purposes of this Agreement, the
receipt by the Village of any revenues from the Illinois Department of Revenue
for Retailer's Occupation Tax and the Retailer's Service Occupation Tax for the
applicable Annual Period shall be deemed to include amounts collected from
ASPI for such period and shall require the Village to make payment to ASPI
hereunder. "g5~`s S are" is an amount equal to (i) one hundred percent
(100%) of the next One Hundred Twenty-Five Thousand and No/100 Dollars
($1,2,,000:00) of the Sales Tax Revenues generated from the Subject Property
for the applicable Annual Period after the Village Base Amount (defined later)
has been received by the Village IA~.SU (ii) fifty percent (SO%) of the Sales Tax
Revenues generated from the Subject Property for the applicable Annual Period
after the Village Base Amount and the ASPI Base Amount has been received. It
is the intent of the Parties that no distribution to ASPI shall be made hereunder
for any Annual Period until such time as the Village has received, directly or
indirectly, the Village Base Amount for such Annual Period.
3.2. Base Amount/Rebat '
e Cap. The VIII " is an amount equal to
the first One Hundred Twenty-Five Thousand and No/100 Dollars
($125,000,00) of the [Sales Tax Revenue generated from the
Subject Property for the applicable Annual Period. The "A5PI Base Amount"
is an amount equal to the second pne Hundred Twenty-Five Thousand and
No/100 Dollars ($125,000.00) of the Sales Tax Revenue] generated from the
Subject Property for the applicable Annual Period. The "Rebate Cad" is an
amount equal to the lesser of (i) Nine Hundred Thousand and No/10U Dollars
.($900,000.00) 2 (ii) the aggregate of all costs incurred by A5PI in connection
with the performance of the "Site and Off-site Work" (defined below) and may
include among other items, architect fees, engineering fees, permit fees, fees
associated with the cost of bonds and letters of credit, contractors fees,
insurance costs, labor, and materials and costs accruing under any recapture
agreement, ordinance or similar obligation. "Site an , ff--Sit Work" means all
construction and development work ASPI elects, in its sale discretion, to
perform in connection with its proposed development of the Subject Property
(excluding the construction of any building), and such work may include, in
A5PI s sole discretion, any or all of the fallowing: rough grading, erosion
control, construction of utilities (including but not limited to water, sanitary
sewer, storm sewer and storm water detention), the grading and construction
of roads, drives and parking areas, the installation landscaping, and the
nrak Dated; nnay 2, 2000
5-Q2-2~~~ 6:17PM
FROM
P. 5
ECONOMIC INCENTIVE AGREEMENT
between
VILLAGE OF PLAINEIELD,
a municipal corporation organized under the laws of the State of Illinois
C7
AMERICAN STORES PROPERTIES, INC.,
a Delaware corporation
Dated ~ 2000
Location. Route 59 & 135' Street
Plainfield, Illinois
Store Number.
and
prdit Dated; May 2, X000
5-~2-280 6: 17PM FRC]M
TAB NTENT
Page
1. Incorporation of Recitals... _ .
-
--• .................................. 2
2. Legislative Authority . ............
... .
.............................
2
3. Sales Tax Rebate. .........
_
• ........................ . ....
3.1. Payment Obligation
2
. ... _ ....
3.2. Base Amount/Rebate Cap . ..... . ..... . .......................
' 2
............... . ............
3.3. Term of Payments......... 3
....
3.4. Conditions Precedent to Payment Obligations
. - . ~ ~ • • . ~ ~ ~ • ~ ~ - ~ • • • ~ 4
.
3.5. Exclusions from Rebate Paym ....... - - • - • • - - .....
ent Obligations. ~
... _ _
3.6. Payment Mechanism
~ ~ ~ ~ " ~ ~ ' ' ' ' ' ' ' ' ' 5
, .....
3.7 Sales Tax Reparts/Confidentialit
... ~ - ~ - ~ ~ ~ ~ ~ - • ~ ~ ~ ~ ~ - - - - ~ " ~ ~ " ' ' ' S
y.
........ . ............
3.8. Refund of Reba#e Pa
m
t 5
y
en
s. .............
..................... 6
~. Recaptur~* Rights . .............
• .. .
.......................... . .... .
7
S. Villa e's A r
g Pp oval. ....... .. .
................................... 7
6. Default/Right To Cure, , , .. , . , -
. _
..................................
7
7. No Obligation To Develop, Open or Operafe. ..
.. - . - , . ,
................
S
8. Notices. ...........
............................•............... 8
9• Attorneys` Fees . ..........
.. .
....................................
8
10. Exhibits. ......... _ .
11. Severability. .................
.
•_-•-----• ........................
9
12_ Relationship of the Parties....... .
..............................•-••. 9
13. Remedies Not Exclusive.. _ _
--•
..................................... 9
14_ Authority to Execute. .. .... _ .
.................................... 9
• 15. Miscellaneous. . .. ........................ .....................
9
~. s
Draft D:loed~ nnay 2, 1000 ~
r ~
L J
5-02-2af~C~ 6: 17pM
FROM
Exhibit A -Site Plan
Exhibit B -Legal Description
•
P. 7
Draft Dated: May 1, 1000 j j
5-D2-28DD E:17PM
~~
FRDM
ECONOMIC IN ENT1V~_,l G~I~f,~~,(~,F, ITT
This ECONOMIC INCENTIVE AGREEMENT ("A r m ") made and entered into this
day of , 2000, by and between the VILLAGE OF PLAINFIELD, an Illinois
Municipal Corporation, ("Vil__ late") and AMERICAN STORES PRC>PERTIES, INC., a Delaware
corporation ("API") also "Parties" or "P~ tri x".
RECITALS
A. The Village is desirous of having aJewel/Osco combination grocery/drug store
developed in order to service the needs of the Village and its residents, and the Village
anticipates that such store would increase employment opportunities in the Village,
significantly increase the Village's sales tax base, and stimulate commercial growth in the
Village, and, in furtherance thereof, the Village contemplates certain economic incentives
under the terms and conditions hereinafter set forth to assist in such.
B. Jewel has purchased certain vacant property located at the northwest corner of
[IlinoiS Route 59 and 135th Street in~the Village of Plainfield, County of Will, State of Illinois
shown on Ex i i and legally described on a~hibit 6 (" ntire Sit ") and has proposed to
construction a combination food and grocery store building ("B it ") on a portion of the
Entire Site shown on E~ibit A as the "Subject Property" ("~ubiec, t Property") with related on-
site and off-site improvements.
C. The Parties anticipate that such expansion would not be economically feasible
for ASPt at this time without the Village's economic assistance.
D_ Pursuant to Section &11-20 (65 ILCS 5/5-11-20) of the Illinois Municipal Code,
as amended ("Code'7, the Village has authority to enter into an economic incentive agreement
relating to the development of land within Corporate limits, including an agreement to share
or rebate a portion of the retailer's occupation taxes received by the Village that are generated
by the development.
E. For purposes of this Agreement, the use of the terms "sales tax" and "sales tax
revenue" shall be construed to refer to that net portion of taxes imposed by the State of Illinois
far distribution to the Village pursuant to the Retailers' Occupation Tax ACt and the Service
Occupation Tax Act (as said Acts may be amended) and which are collected by the State and
distributed to the Village, and any other "sales tax" or similar tax that may be enacted by the
State of Illinois and collected and distributed to the Village.
P. 8
Draft Dzted: May 2,. 2000
`ROM
P. 9
. F• The Village has found that the ra
opportunities in the Village, will serve to further developmen~ir~vthe Villat will create lob
the commercial base in the Village, and enhance the tax base of the V- gee will Strengthen
i Ilage.
G• The Village has found that the timely development of the Pro
be economically feasible at this time without an economic incentive a pertY Would not
greement.
H• The Village has found that ASPI has exhibited high standar
worthiness and financial strength sufficient to ensure the development of the ds of credit
Subject Property.
1. The Village has found that the powers exercised hereunder to b -
of a public use and essential to the public interest. a ~n furtherance
1- The Village has found that the Subject Property has remained va
one (1) year. cant for over
K• The Village has found it to be in its best interest to enter into this
with ASPI to further the; development of the Property, Agreement
NOW, FOR ANp IN CONSIDERATION of the mutual covenants
herein contained, the Parties hereby covenant and agree as follows: and agreements
~ . Incorporation of Recitals. The recitals set forth above are
reference as if fully set forth herein: incorporated herein by this
z• Legislative authority. The Village represents and warrants to ASPI th
of this Agreement is within the Village's scope of authorit under at the adoption
Y Section S-! 1-20 of
the Code and that the Village is duly authorized and empowered to ent r
pe-form the terms. of this Agreement. a -nto and
3• Sates Tax Rebate.
~•~' Payment obligation. For the period commencin
("Commen m ") and endin g on July 1, 2001
subsequent twelve month period (each annAnnual P ~i~~002 and for each
200F,, the Village shall lac obligated to a t~"~~`'~`) through June 3Q,
later) of the Retailer's Occupation Tax apd the Rota Iler sSPI's Share" (defined
Tax (" Tax RPV -n a .~~ Service Occupation
business transactions occurring or originat ng from th Pl Affiliate as a result of
a "Rek~at~P~,~••)~ provided, however that the a e Subject Property (each
shall not exceed the Rebate Cap (defined later) and her V Ila Pas o ents to ASPI
make payments hereunder are expressly subject to the provgision bligations to
o Sections
Draft Dated: M,,y 2, 2000
5-82--2080 6 = 18PM
FROM
. 3.4 and 3.5 below. The taxable sales subject to the Retailer's Occupation Tax
and the Retailer's Service Occupation lax as a result of business transactions
occurring or originating from the Subject Property are sometimes hereinafter
referred to as the "Taxable Sales". The Village acknowledges and agrees that
Sales Tax Revenues paid to the Village by the Illinois Department of Revenue
are not specifically allocated to specific properties or taxpayers, such as the
Subject Property or ASPI, respectively, and for purposes of this Agreement, the
receipt by the Village of any revenues from the Illinois Department of Revenue
for Retailer's Occupation Tax and the Retailer's Service Occupation Tax for the
applicable Annual Period shall be deemed to include amounts collected from
ASPI for such period and shall require the V;Ilage to make payment to ASPI
hereunder. "A$PI's Share" is an amount equal to (i) one hundred percent
(140%) of the next One Hundred Twenty-Five Thousand and No/700 Dollars
($125,000.00) of the Sales Tax Revenues generated from the Subject Property
for the applicable Annual Period after the Village Base Amount (defined later)
has been received by the Village us (ii) fifty percent (.50%) of the Sales Tax
Revenues generated from the Subject Property for the applicable Annual Period
after the Village Base Amount and the A5Pl Base Amount has been received. It
is the intent of the Parties that no distribution to ASPI shall be made hereunder
for any Annual Period until such time as the Village has received, directly or
indirectly, the Village Base Amount for such Annual Period.
3.2. Base Amount/Rebate Ca . The "Vill "
cunt is an amount tqual to
the first One Hundred Twenty-Five Thousand and No/100 Dollars
($125,000.00) of the Sales Tax Revenue generated from the Subject Property
for the applicable Annual Period. The ''ASPI Base Amount" is an amount equal
to the second One .Hundred Twenty-Five Thousand and No/100 Dollars
($125,000.00) of the Sales Tax Revenue generated from the Subject Property
for the applicable Annual Period. The "R _ a " is an amount equal to the
lesser of (i) Nine Hundred Thousand and No/100 Dollars ($900,000.00) Q (ii)
the aggregate. of all costs incurred by ASPI in connection with the performance
of the "Site and Off-Site Work" (defined below) and may include among other
items, architect fees, engineering fees, permit fees, fees associated with the cost
of bonds and letters of credit, contractors fees, insurance Costs, labor, and
materials and costs accruing under any recapture agreement, ordinance ar
similar obligation. "Site an f - ' ork" means all construction and
development work ASPI elects, in its sole discretion, to perform in connection
with its proposed development of the Subject Property (excluding Che
construction of any ,building), and such work may include, in ASPI's sale
discretion; any or all of the following: rough grading, erosion control,
construction of utilities (including but not limited to water, sanitary sewer; storm
sewer and storm water detention), the grading and construction of roads, drives
and parking areas, the installation landscaping, and the installation and
Draft Dated May 2;2000 3
P. 1 p
5-~2-2~~~ 6:19PM
FROM
P. 1 1
construction of off-site. improvements, including but not limited. to the
construction or modification of traffic signals and road improvements.
3.3. Term. of Payments. The obligation of the Village to reimburse ASPI' from the
collected Sales Tax Revenues hereunder shall commence upon the
Commencement Date and shall continue until the first to occur of the
following: (i) the Village has reimbursed ASPI hereunder for five (5) Annual
Periods or (ii) the aggregate amount paid to ASPI hereunder equals the amount
of the Rebate Cap_
3.4. Conditions Precedent to Payment Obligations. The fallowing Conditions must
be satisfied or waived by the Village before the Village's obligation to pay ASPI
any amounts hereunder commences:
A. In connection with ASPI's construction on the Subject Property, ASPI
shall have paid all building permit fees and all other fees and charges
required by the applicable Village ordinances.
B. ASPI shall have obtained a temporary or permanent certificate of
occupancy for the Building, which will not be unreasonably withheld or
delayed by the Village; provided, that the Building has been constructed
• substantially in accordance with the elevations for the Building approved
by the Village Board and in accordance with the building codes, health
regulations and other ordinances of the Village. If a temporary certificate
of occupancy for the Building has been issued, the Village may, in its
discretion, withhold. Rebate Payments otherwise due and payable
hereunder until a permanent certificate. of occupancy is issued;
provided, that (i) the Village shall not unreasonably withhold or delay
issuance of a permanent certificate of occupancy, (ii) the Village shall
not be obligated to pay any interest to ASPI for payments so withheld,
and (iii) such withholding shall not be deemed to exclude from the
application of this Agreement any Sales Tax Revenues accruing during
any period the Subject Property is being operated under a temporary
certificate of occupancy.
~'_ ASPI shall not be in material default of this Agreement beyond any
applicable cure period.
b. ASPI or an ASPI Affiliate (defined later) shall have opened for business
as a grocery store or supermarket, at the Subject Property on ar before
December 31, 2pp1; provided, however that such proposed opening
date shall be extended for a period or periods of time equal to any
period or periods of delay preventing the construction of the Building or
Oraf[ Daoed: YvyaY 1, 2000 L}
5-02-200 6:2~PM
FROM
related on-site oroff--site improvements, which delays are caused b f'
or other casualty, acts of Cod, weather, refusal or failure 'of
governmental authorities to grant necessary approvals and permits, acts
or omissions of the Village, war, riot, or insurrections, or any other cause
(except financial) beyond the reasonable control of ASPI.
3.5. exclusions from Rebate Payment Obligations. For purposes of determining the
Rebate Payment hereunder, Sales Tax Revenue incurred while any of the
following. conditions remains unsatisfied shall be excluded:
A. ASPI shall not be in material default of this Agreement beyond any
applicable cure period-
B. ASPI or an ASPI Affiliate is not operating as a grocery store or
supermarket as part of a grocery or supermarket chain operating in the
Chicago Metropolitan area,
In the event any of the foregoing conditions becomes unsatisfied and is
subsequently satisfied, then upon such satisfaction, Sales Tax Revenue shall
again accrue as provided in Section 3.1. Notwithstanding anything Contained
herein to the Contrary, the Village shall remain obligated to make Rebate
Payments to ASPI for Sales Tax Revenue accruing prior to the failure of such
conditions.
3.Fi. Payment Mechanism. Within forty-five (45) days after the receipt of the Sales
Tax Statement (defined later) for the applicable Annual Period, the Village shall
pay to ASPI, ASPI's Share for the applicable Annual Period in accordance with
Section 3.3; provided, however, that if the Village has npt received Sales Tax
Revenues from the Illinois Department of Revenue for the applicable Annual
Period prior to the expiration of such forty-five (45) day period, such forty-five
(45) period shall be automatically extended until such time as the Village
receives such Sales Tax Revenues- The Village expressly reserves the right to
make payments earlier than required hereunder and make additional payments
in such amounts and at such times as the Village, in its sole discretion, deems
appropriate.
3.7 Sales Tax Reports/Confidentiality. After each Annual Period, ASPI shall provide
the Village with a statement signed by an officer of ASPI or an A5P1 Affiliate as
to the amount of Taxable Sales earned for such Annual Period and Sales Tax
Revenue paid to the State of Illinois for such Annual Period ("Sales Tax
Statement")_ The Village shall have the right to obtain such Sales Tax Revenue
information directly from the Illinois Department of Revenue or the State of
Illinois and ASPI hereby consents to such requests. Upon the reasonable request
Draft Dated' ivtay 2, ~pp0 5
P_ 12
5-D2-200 6:28PM
FROM
of the Village, ASPI also agrees to furnish such consents as may be required by
the Illinois Department of Revenue to allow the Illinois Department of Revenue
to furnish to the Village information regarding Sales Tax Revenue. The form
and content of Such consent shall be subject to ASPI's reasonable approval;
provided, however, that ASPI shall not be required to execute any power of
attorney or similar instrument. In the event of any breach by ASPI of the
provisions of this Section, the Village's sole remedy shall be the withholding of
payment due ASPI for the applicable Annual Period or if such payment has
been made, the return of such payment or portion thereof of which the Village
was. not obligated to pay hereunder, and the Village expressly waives and
releases ASPI of all liability in connection with such breach.
Thi? Village acknowledges and agrees that information to be provided by ASPI
hereunder is proprietary and valuable information anal that any disclosure or
unauthorized use thereof will cause irreparable harm to ASPI and/or ASPI
Affiliates, and to the extent permitted by state or federal law including but not
Limited to Section 7(1)(g) of the Illinois Freedom of Information Act, the Village
agrees to hold in confidence all sales figures and other information provided by
ASPI or obtained from ASPI's records in connection with this Agreement, and
. in connection therewith, the Village shall not copy any such information except
as necessary for dissemination to the Village's agents or employees as permitted
hereinafter. The Village shall be permitted to disclose such information (i) to its
agents or employees who are reasonably. deemed by the Village. to have a need
to know such information for purposes of this Agreement; provided, that such
agents and employees shall hold in confidence such information to the extent
required of the Village hereunder ar (ii) to the extent required by state or federal
law. The confidentiality requirements of this Agreement shall survive any
expiration, termination pr cancellation of this Agreement and shall continue to
bind the Village, its successors, assigns and legal representatives for a period of
five. (S) years from the termination, expiration or cancellation of this Agreement.
3.8. Refund of Rebate Payments. If after the commencement of Rebate Payments
hereunder through June 3p, 200b, the Subject Property ceases to be operated
as a grocery store or supermarket for a period of more than ninety (90)
consecutive days, ASPI shall be obligated to refund to the Village all Rebate
Payments actually received by ASPI within thirty (30) days of the Village's
written demand therefor_ A cessation of use or occupancy for a period of ninety
(90) consecutive days or .less Shall not be deemed to obligate ASPI to refund any
payments hereunder, and such ninety (90} day period shall be extended for a
period or periods of time equal to any period of delay caused by any
remodeling, replacement ar repair of any improvements on the Subject
Property, fire or other casualty, condemnation, ac..ts of God, war, riot or
insurrections, strikes, governmental restrictions or regulations, the Village's
Daft paled: May ~, 2000 6
P. 1 ~
5-82--2000 ~ : 21 PM
FROM
breach of any of its obligations under this Agreement ar any ather cause (except
financial) beyond the reasonable control of ASPI or an ASPI Affiliate. If after
such ninety (90) day period the Subject Property is re-opened as a grocery stare
or supermarket, the Village shall remain obligated to make any additional
Rebate Payments to the extent required under this Agreement and shall pay to
ASPI al amounts refunded to the Village under this Section on or before June
30, 2006 so long as the Subject Property is operated as a grocery store or
supermarket at such time.
4. Recapture Rights. To the extent ASPI has the right to recapture the costs of any Site
and Off-Site Work' under applicable law and receives reimbursement for such costs
from the Village under this Agreement, ASPI agrees to assign such recapture rights to
the Village to the extent permitted by law. Nothing contained in this Agreement shall
be deemed a waiver or release of ASPI from any obligation imposed by that certain
("~!# Pwer Reca ure Or „j,~ance") as modified that certain
Easement Agreement recorded July 13, 1994 as Document No. R94-69120 ("Sani .
asement Agreement").
5. Village's Approval. The Village agrees that it shall not unreasonably withhold any
approvals and permits relating to the building or the Entire Site, including, but not
limited to, approval of the final development plan, building permit and occupancy
permit...
6. DefaultlRight To Cure. No Party shall lac deemed in default hereunder until such Party
has failed to cure the alleged default within ten (10) days in the case of a monetary
default; or within thirty (30) days in the case of anon-monetary default, from notice of
such default from the ether Party; provided, however, if the nature of such non-
monetary default is such that it cannot reasonably be cured within such thirty (30) day
period, then such Party shall not be deemed in default if such Party commences to cure
such default within such thirty (30) day period and thereafter diligently prosecutes such
cure to completion.
In the event of a default and except as may be otherwise provided herein to the
contrary, the non-defaulting party may: (i) terminate this Agreement upon written
notice to the defaulting party, recover from the defaulting party all damages incurred
by the nan-defaulting party; (ii) except as may be otherwise expressly provided to the
contrary herein, seek specific performance of this Agreement, and, in addition, recover
all damages incurred by the non-defaulting party; (The parties declare it to be their
intent that this Agreement may be specifically enforced); (iii) pursue all other remedies
available at law, it being the intent of the parties that remedies be cumulative and
liberally enforced so as to adequately and completely compensate the non-defaulting
party.
•
P. 1 d
Orafr Dated: May 2, 2000 7
5-~2-288p ~:21PM
FRAM
p. 16
~. No Qbligation To Develpp, ppen or pperate. Nothing contained in this Agreement
shall be deemed to obligate ASPI or any ASPI Affiliate to construct any improvement
on the Subject Property or Entire Site or to open or operate any form of business in the
Subject Property or Entire Site for any period of time or at all.
$• Notices. All notices, requests, demands, and other communications (collectively,
".N..~'s~") hereunder shall be in writing and given by (i) established express delivery
service which maintains delivery records, (ii) hand delivery, or (iii) certified or
registered mail, postage prepaid, return receipt requested, to the Parties at the
following addresses, or at such other address as the Parties may designate by Notice
in the above manner:
Tp ASPI:
Albertson's, Inc.
250 Parkcenter Boulevard
P.O. Box 20
Boise, Idaho $3726
Attn: Legal Department
Fax No.: 208-395'-6575
TO Village:
With copy to:
Albertson's, Inc.
1955 W. North Avenue, Building F
Melrose Park, Illinois 60160
Attn: Joseph McKeska
Fax No.: ta30_7$6.3069
Village of Plainfield
S30 W. Lockport Street, Suite 206
Plainfield, Illinois 60544
Attn: Village of Plainfield
Fax No.: 816-436-1950
•
Notices may also be given by fax, provided the Notice is conourrently given by one of
the above methods. Notices are effective upon receipt, or upon attempted delivery if delivery
is refused or impossible because of failure to provide a reasonable means for accomplishing
delivery. Payrt~ent due ASPI hereunder shall be made to the address provided above for
Notices; provided, however, ASPI may by Notice to the Village designate a separate address
for the delivery of such payments.
9• Attorneys' fees. If a Party commences a legal proceeding to enforce any of the terms
of this Agreement, the prevailing Party in such action shall have the right to recover
reasonable attorneys' fees and costs from the other Party to be fixed by the court in the
same action.
10. Exhibits. Exhibits A and B attached hereto are incorporated herein by this reference.
Draft Dated May 1, 2000
5-®2-2000 6:22PM
FROM
11. Severability. If any term or provision of this Agreement or the application of it to any
person or circumstance shall to any extent be held by a court in an action between the
Parties or otherwise affecting this Agreement to be invalid or unenforceable, the
remainder of this Agreement or the application of such term or provision to persons or
circumstances other than those to which it is invalid or unenforceable shall not be
affected thereby, and each term and provision of this Agreement shall be valid and
shall be enforced to the extent permitted by law.
12. Relationship of the Parties. Nothing herein shall be deemed or canstrued by the
Parties or by any third party as creating the relationship of principal and agent or of
partnership ar of joint venture between the Parties, it being understood and agreed that
no provision herein, nor any acts of the Parties, shall be deemed to create any
relationship between the Parties
13. Remedies Not Exclusive. Except as may be otherwise expressly provided herein, the
various rights and remedies herein contained and reserved to each of the Parties,
except as herein otherwise expressly provided, are not exclusive of any other right or
remedy of such Party, but are cumulative and in addition to every other remedy now
or hereafter existing at law, in equity or by statute. No delay or omission of the right
to exereise any power or remedy by either Party, shall impair any such right, power or
remedy or be construed as a waiver of any default or nonperformance or as
. acquiescence therein.
14. Authority to Execute. The individuals executing this Agreement represent and warrant
that they have the power and authority to do so, and to bind the entities for whom they
are executing this Agreement- The Village agrees, at its sole cost, to defend any court
action or other proceeding that may be brought challenging the Village`s power or
authority to enter into this Agreement or to perform any of its provisions, including any
appeals therefrom and further agrees to indemnify and hold ASPI harmless from and
against all claims; damages, expenses (including, without limitation, reasonable
attorneys' fees and reasonable investigative and discovery costs), liabilities and
judgments on account of such claims; pravided, however, that the Village shall not be
obligated to defend or indemnify ASPI from any action arising from any repeal,
amendment or modification of the statute or any portion thereof authorizing this
Agreement by the Illinois legislature or a determination by any court of competent
jurisdiction that the authorizing statute or any portion thereof is invalid.
15. Miscellaneous. The terms, covenants and conditions herein contained shall be binding
upon and inure to the benefit of the Parties and their heirs, successors, transferees and
assigns.- Nothing contained herein shall be deemed to create or impose any covenant
yr obligation running with or binding upon the land. Neither ASPI nor the Village shall
assign this Agreement or any rights hereunder to anyone except with the prior written
consent of the other Party, pravided ASPI may assign this Agreement or its rights
Orah Dated: Mry 2. 2000
P. 16
5-~2-280 ~:23PM
FROM
hereunder. (i) to any entity controlling, controlled by, or under common control with
ASPI (an "ASPI Affili "), (ii) in connection with a sale or disposal of the assets of ASPI,
Albertson'S, Inc., American Stores Company or an ASPI Affiliate; or (iii) to any third
party in connection with the sale of all or a substantial portion of the Subject Property.
This Agreement constitutes the entire agreement between the Parties with respect to
the subject matter hereof and may only be modified by a subsequent writing executed
by both Parties. Time is expressly made of the essence of all the provisions of this
Agreement. This Agreement shall be interpreted and construed only by the contents
hereof, 'and there shall be no presumption or standard of construction in favor of or
against either the Village or ASPI. This Agreement shall be construed and enforced in
accordance with, and governed by, the law of the state in which the Subject Property
is located, and any proceeding brought to enforce this Agreement shall be commenced
and prosecuted in the Circuit Court of Will County, Illinois. When required by context,
the singular includes the plural, and the neuter gender includes a person, corporation,
firm or association.. The headings of the Articles and Sections contained herein are for
convenience only and do not define, limit, or construe their contents.
(SIGNATURE PAGE FOLLOWS)
•
P_ 17
graft Da~d~ lvtay 2, 1p00 ~ Q
5-~2-2C~8~ 6:23PM.
F'RCIM
IN WITNESS WHEREOF, this Agreement has been executed as of the date first above
written.
VILLAGE OF PLAINFIELD,
a municipal corporation organized under the laws of the
State of Illinois
BY
Its
"Village"
AMERICAN STORES PROPERTIES, INC.,
a Delaware corporation
•
gy.
William H, Arnold; Vice President
"ASPI"
P. 18
prak pan:d; May 2, 1vv0 ~ ~
"^ VILLAGE OF PLAINFIELD
WILL COUNTY'S OLDEST COMMUNITY
To: Mayor Rock and Village Board
From: Larry Vaupel, Director of Economic Development
Date: May 3, 2000
Subject: Internet and E-mail Policy
Richard A. Rnck
PRESIDENT
TRUSTEES
Stephen J. Calabrese
John H. Cherry
Michael Collins
Kathy O'Connell
Steven L. Rathbun
Raymond Smolich
Susan Janik
VILLAGE CLERK
Attached is a draft copy of an Internet and a-mail policy that once approved, would be
attached to the Village of Plainfield Personnel Policy.
The draft policy sets clear guidelines relative to the use of Village awned computer
systems, including Internet and a-mail access. Many Governmental agencies that have
access to the Internet and a-mail have found the adoption of a policy helpful in ensuring
proper use of the computer systems.
if it is the direction of the Board to add such language to the Village Personnel Policy,
staff will refine and bring the proposal back to the Baard far final adoption. If you have
any questions, please let me know.
•
530 W. LOCKPORT Sl"REET, SUITE 206 •PLAINFIELD, ILLINOIS 60544 (815) 436-7093 Fax (815) 436-1950
Village of Plainfield
~ Computer Equipment/E-MaiUInternet Policy
1) Use Of Village-Owned Computer Equipment/Software:
The employee consents to the employer's monitoring of all data, documents, and electronic mail messages. The
Village reserves the right to monitor data, documents, and electronic mail (e-mail) messages at any time, with,
or without notice to the employees. The Village may periodically audit the storage devices of all computers and
reserves the right to clear any and all data not related to Village business. Employees may be disciplined up to
discharge for improper use of Village-awned equipment, or software.
2) Installation of Software on Village-Owned Equipment:
All software installed an any Village-owned computer system shall be done by the Department Head, ar with
the consent of the Department Director. All software shall be scanned for viruses prior to installation on either
the Village's computer networks, or any Village-owned computer equipment.
3) Personal Computer Back-Up Policy:
For the protection of the Village's computer users, all data, documents, and a-mail messages shall be stored on
the Village's computer networks. If the user desires to store documents on either diskettes, tape, local hard
disks, or any other media attached to a personal computer, it is the user's sole responsibility to make back-up
copies of the data, documents, or e- mail messages.
Electronic Mail (E-Mail) Policy:
he Village operates and maintains an a-mail system.to communicate between employees, and between
employees and the outside world through the Internet. All computer users shall have access to the Village's
internal a-mail system. Computer users shall have use of the Internet's a-mail system with the consent of their
Department Head only. The users should be aware that the action to delete data, documents, or a-mail messages
does not mean that the data, document, or a-mail message has been eliminated from the system. Employees may
be disciplined up to discharge for improper use of the a-mail system by using any farm of derogatory language
on the system.
5) Internet Policy -Overview:
The Internet is a useful research and communication resource that is provided to municipal employees for uses
related to municipal business. Access to the Internet provides a-mail capabilities for contacting outside
resources and access to databases for research and informational purposes. This policy is intended to prevent the
misuse of Internet access, specifically as it pertains to the fallowing unacceptable practices.
1. Improperly downloading files that contain viruses that may contaminate Village information systems
and databases.
2. Accessing objectionable or improper material.
3. Use of work time to access non-work related information or to "surf' the Internet.
4. Misrepresenting an individual's opinion as Village policy.
~ach individual user is responsible for the appropriate use of this resource as described in the Employee Internet
Policy. Each department is responsible for ensuring that each user is familiar with the contents of this policy.
~ ~ ~ 3
6) Statement of Purpose:
To ensure that use of the Internet among employees of the Village is consistent with municipal policies, all
pplicable laws, the individual user's jab responsibilities, and to establish basic guidelines for appropriate use of
~e Internet.
7) Policy:
Employee Internet access must be authorized by appropriate supervisory personnel in each Village
department.
2. Access to the Internet via Village equipment can only be used for Village related business. The user
cannot disrupt or interfere with the work performed by the users afthe Village's own computer system
or misrepresent the interest of the Village. Internet access far personal use is prohibited.
All use of the Internet via Village equipment must be in compliance with all applicable laws and
policies, federal, state, and local laws, in addition to Village policies. Internet access via Village
equipment, therefore, must not be used for illegal, improper, or illicit purposes.
a. Users shall not use Village equipment to attempt any unauthorized use, nor interfere with other user's
legitimate use, of any internal or external computer.
b. Users shall not create, install, or knowingly•distribute a computer virus of any kind on any Village
computer, regardless of whether any demonstrable harm results.
4. Use of the Internet by Village employees must be consistent with the Village personnel rules and
regulations regarding employee conduct and ethical standards as described in the Employee Personnel
Policy Manual.
5. The safety and security of the Village's computer system and resources must be considered at all times
when using the Internet. Users shall not share any password for any Village computer or with any
unauthorized person, nor obtain any other user's password by any unauthorized means. Individual users
are responsible for adhering to this policy when downloading resources frarn the Internet.
6. A wide variety of information is available an the Internet. Same individuals may find same information
on the Internet offensive or otherwise objectionable. Individual users should be aware that the Village
has no control aver and can therefore not be responsible for the content of information available on the
Internet. The following guidelines pertain to all Village departments; however, each Department Head
may issue supplements to this policy to govern particular departmental needs.
a. Departments shall be responsible for ensuring that all computer users know and understand safe
computing practices.
At a minimum, this shall include the Following:
• performing frequent backups an data files consistent with the Village's Personal Computer Backup
Folicy
• using anti-virus software to scan for viruses on all files that are downloaded to disk from BBS's, the
Internet, or any other outside source
• Departments shall report all virus outbreaks that have extended beyond a single PC to the
Administration Department. Administration shall be charged with logging all such outbreaks and the
eradication methods used by departments, and will notify other departments in the event of a virus
outbreak.
~~~ 2~3
c. In'the event of a serious virus outbreak, or in the event of a continued breach of this policy by a
department, that department will be disconnected from the Internet and the Village's other computer
systems until compliance with the Employee Internet Policy is reestablished.
Individual users must be aware of, and at all times attempt to prevent potential Village liability in their
use of the Internet. For that reason, all outgoing messages which do not reflect the official position of the
Village or Department must include the following disclaimer:
"The opinions expressed here are my own and do not necessarily represent those of the Village."
d. Resources which are not used for a clear Village purpose must not be accessed or downloaded.
e. Resources of any kind for which there is a fee must not be accessed or downloaded without prior
approval of a supervisor.
f No one shall copy, install, or use any software or data files in violation of applicable copyrights or
license agreements. Contact the Administration Department if you are unsure about the copyright or
license agreement that applies to the software in question.
7. E-mail messages and the transfer of information via the Internet is not secure. Any employee preparing
to transmit confidential information must da so in writing.
8, No person without specific authorization shall read, alter, or delete any other person's computer files or
e-mail. This applies regardless of whether the computer's operating system permits these acts.
The Internet must be treated as a formal communications tool like telephone, radio, and video communications.
Therefore, each individual user is responsible for complying with this and all other relevant policies when using
he Village's resources for accessing the Internet. Use of these same resources in violation of this policy or
~plicable department policies is grounds for disciplinary action as defined in the Village's Employee Personnel
Policy Manual.
r~
~J
~qe,3~$ 3
Richard A. Rock
PRESIDENT
TRUSTEES
Stephen J. Calabrese
VILLAGE aF PLAINFIELD M;~~ e1 ~p
WILL COUNTY'S OLDEST COMMUNITY Kathy O'Connell
Steven L. Rathbun
Raymond Smolich
Mayor Rack and Village Board Susan Janik
Lawrence E. Vaupel, Director of Economic Development VILLAGE CLERK
November 19, 1999
Purchase of Scott Davis Properties
I have been negotiating the purchase of 802 and 804 Des Plaines and 616 Main Street
from Scott Davis for many months. It appears that we are close to reaching an agreement
that staff feels comfortable recommending to the Board. There is one main issue left
unresolved and X would like to discuss this issue with you on November 22, 1999.
Mr. Davis would like $465,000 for all three properties. He would like to close before the
end of the year. However, he would also like to retain ownership of the house at 616
Main Street. He would like to have the ability to move the house by May1, 2000.
It is staff's opinion that we do not close on the property until we take possession of the
entire parcel. Therefore, if he would like to move the house, we will close on the
property (616 Main) after the house has been relocated.
I plan to discuss this issue with Mr. Davis again prior to our Workshop meeting and hope
to have signed contracts for your review. If there is a consensus of the Board to purchase
the properties, staff will place the issue on the agenda of the December 6, 1999 Business
Meeting.
Current Proposal:
802 Des Plaines $125,000
804 Des Plaines $125,000
616 Main $215 000
Total: $465,000
CONFIDENTIAL
530 W. LOCKPORT STREET, SUITE 206 •PLAINFIELD, ILLINOIS 60544 (815) 436-7093 Fax ($15) 436-1950
T0:
From:
Date:
Subject: