Board of Trustees

MONDAY, MAY 16, 2022 – 8:00 P.M. 1. Pledge of Allegiance led by Village Clerk Pramod C. Shah. 2. Call meeting to order and roll call. 3. Approve Consent Agenda. * 4. Approve, as submitted, minutes of regular meeting held Monday, May 2, 2022. * 5. Approve Voucher List #1-FY23 of May 16, 2022. * 6. Proclamations and Resolutions. A. Proclamations “50th Anniversary – Bene Shalom Hebrew Association for the Deaf” – June 5, 2022 7. Recognition, Awards and Honorary Presentations. 8. Appointments, Reappointments and Resignations. 9. Presentations and Reports. 10. Report of the Village Manager. A. Axon Body Worn Cameras, Squad Car Camera Systems, Electronic Devices, Interview 1 Systems and Integrated Drone Platform Systems – Axon Enterprise, Scottsdale, Arizona - $400,075. B. Facility Management and Programming Agreement for North Shore Center for the Performing Arts – VenuWorks, Ames, Iowa. * C. Oakton Multi-Use Path Local Public Agency Agreement for Joint Funding. 11. Report of the Corporation Counsel. No Report. 12. Unfinished Business. 13. New Business. 14. Plan Commission. A. Plan Commission Case 2021-31P – Zoning Chapter Amendment: General Zoning Ordinance Update. 15. Public Comment. 16. Adjournment. ____________________ Items marked with an asterisk (*) indicate they are part of the Consent Agenda that contains routine items or items which have already been discussed by the Mayor and Board at a previous public meeting and require a second reading. Items on the Consent Agenda are passed in one vote at the beginning of the Board Meeting. Prior to the vote on the Consent Agenda, the Mayor will inquire if there is any matter which anyone wishes to remove from the Consent Agenda. If there is an item on the Consent Agenda which you wish to address, please inform the Mayor at that time you wish to remove it from the Consent Agenda. #597740  13555 MINUTES of a regular meeting of the Mayor and the Board of Trustees of the Village of Skokie, Cook County, Illinois held in the Council Chambers at 5127 Oakton Street at 8 p.m. on Monday May 2, 2022 €: ^'. Pledge of Allegiance led by Village Clerk Pramod C. Shah. ^•< Mayor Van Dusen called the meeting to order. ^ The Clerk called the Roll. Those present were Trustees Sutker , Robinson, Khoeun, Johnson, Pure Slovin , Klein and Mayor Van Dusen Mayor Van Dusen removed Item A on the Village Manager's office to next Board Meeting in May for further discussion. Motion to approve the Consent Agenda with the removal of Item C on the Manager's report. Moved: Trustee Khoeun Seconded: Trustee Sutkcr Ayes: Sutker, Robinson, Khoeun Johnson, Pure Slovin, KIein and Mayor Van Dusen Nays: None. Absent: None. MOTION CARRIED * Approve, as submitted, minutes of regular meeting held Monday, April 18,2022. Omnibus vote. ^Approve Voucher List #24-FY22 of May 2,2022. Omnibus vote. Appointments. Reappointments and Resignations. * A. Resignation Public Safety Commission: Alicia Case and Earl Nicholas Omnibus vote. Report of the Village_M_anager, This item was taken off the Agenda for further discussion. *A. School Crossing Guard Services - Andy Frain Services, Aurora, Illinois. Motion to concur with staffs recommendation to award a contract for school crossing guard services to Andy Frain Services. *B. Water Analytics Services - McKim & Creed, Wilmington, North Carolina - $ 155,400. Motion to award a contract to McKim & Creed, Wilmington, North Carolina in the amount of $155,400 for Water Analytics Services. Omnibus vote, C. Purchase of Two Refuse Packer Trucks - R.N.O.W., Inc, West Allis, Wisconsin - $560,026. Motion to award a contract to R.N.O.W.,Inc, West Allis, Wisconsin-in the amount of $560,026 for purchase of two refuse packer trucks.. Max Slankard, Director of Public Works answered questions from the Board concerning possibilities of electric vehicles for Public Works. Moved: Trustee Pure SIovin Seconded: Trustee Klein Ayes: Sufker, Robinson, Khoeun Johnson, Pure Slovin, Klein and Mayor Van Dusen Nays; None. Absent: None. MOTION CARRIED * D. Catch Basin & Inlet Cleaning - A-K Underground, Inc., Tinley Park, Illinois - $98,000. Motion to award a contract to A-K Underground, Inc., Tinley Park, Illinois in the amount of $98,000 for catch basin & inlet cleaning. Omnibus vote. 13556 Meeting of the Mayor and Board of Trustees Monday, May 2, 2022 Page Two Report of the Corporation Counsel. CONSENT: *A. Ordinance 22-5-C-4599 Motion to adopt an ordinance amending Chapter 2, Articie II, Section 2-35 of the Skokie Village Code pertaining to regular board meetings. This item is on the consent agenda for second reading and adoption. Omnibus vote. Public Comment. These public comments were received by emails to the Board concerning school crossing guards from Lisa Silverman, Eric Badofsky, Jessica Hornick, Sarah North, and Emily Miller. Public Comments received by email are available in the Clerk's office. These residents spoke at the Board meeting opposing the privatization of Crossing Guards: Noeile Sullivan, Board member School District 68, Steve Dembo, President of School District 69, Margaret Ciauson, Superintendent of School District 69, Joe Ruffner, Board President of School District 68. Lauren Grodnicki spoke about Climate Science and the Sustainable code. Adjournment. Motion to adjourn at 8:59 p.m. Moved: Trustee Sutker Seconded: Trustee KIein Ayes: Sutker, Robinson, Khoeun , Johnson, Pure Slovin, KIein and Mayor Van Dusen Nays: None. Absent: None. MOTION CARRIED Pramod Shah, Village Clerk Approved: Mayor Van Dusen Items marked with an asterisk (*) indicate they are part of the Consent Agenda that contains rouEine items or items which have aiready been discussed by the Mayor and Board at a previous pubiic meeting and require a second reading. Items on the Consent Agenda are passed in one vote at the beginning of the Board Meeting. Prior to the vote on Ehe Consent Agenda, the Mayor will inquire if there is any matter which anyone wishes to remove from the Consent Agenda. If there is an item on the Consent Agenda which you wish to address, please inform the Mayor at that time you wish to remove it from the Consent Agenda.  VILLAGE OF SKOKIE VOUCHER REPORT #1 May 16, 2022 FUND AMOUNT 001-GENERAL FUND $ 352/109 002-WATER FUND 36/322 003 - MOTOR FUEL TAX FUND 41/496 008 ~ COMMUNITY DEV BLOCK GRANT 12/975 013 " CASH ESCROW FUND 8/450 014-TIF SCIENCE &TECH 5/860 020 - CAPITAL PROJECTS FUND 150/593 022 - CASUALTY SELF INSURANCE 73/461 025 - ECONOMIC DEVELOPMENT FUND 14/768 138 - 2016A REFUNDING BONDS 750 ALL FUNDS TOTAL $ 696,783  VILLAGE OF SKOKIE VOUCHER REPORT #1 MAY 16, 2022 Invoice Ref# FY Date Vendor Invoice Description Amount 186786 04/27/2022 1000BULBS.COM 8FT LED BULB-TYPE 8 626.93 186891 04/29/2022 3CE LLC CAMERA EQUIPMENT -MALTESE 83.87 186622 04/21/2022 4iMPRiNT!NC 3 MENS SPORT POLO SHIRTS 87.85 186821 04/28/2022 ADVANCE AUTO PARTS FiLTERS 243.86 186872 04/29/2022 ADVANCE AUTO PARTS OIL FILTERS 25.08 186949 05/03/2022 ADVANCED CLEANING SYSTEMS INC CLEANING SERVICES 6.684.00 186950 05/03/2022 ADVANCED CLEANING SYSTEMS INC REMAINDER OF INVOiCE . CARPET CLEANING, ETC 2,962.73 187161 05/10/2022 ADVANCED CLEANING SYSTEMS INC MONTHLY JANITORIAL SERVICES & GARAGE CLEANING -MAY INVOICE 2022 7,154.00 187160 04/30/2022 ADVANTAGE POLICE SUPPLY INC PELTOR 0.0. GREEN HEADSETS & PTT ADAPTERS-GARCIA 19.999.10 187147 04/30/2022 AL'S CYCLE SHOP SPD BICYCLE TUNE UPS -JAWORSKI 360.00 187126 04/25/2022 ALAN FFRIEDMAN PH.D., INC POLiCE OFFICER PRE-PLACEMENT EVALS 2,096.30 186869 04/29/2022 ALLEGIANT FIRE PROTECTION LLC INSPECTIONS 465.00 186822 04/28/2022 AMAZON CAPITAL SERVICES SPLIT KEY RINGS 10.89 186841 04/28/2022 AMAZON CAPITAL SERVICES EQUIPMENT SUPPLIES -MALTESE 265.42 186850 04/28/2022 AMAZON CAPITAL SERVICES FD IPHONES FOR AMBULANCES 825.00 186851 04/28/2022 AMAZON CAPITAL SERVICES SAFETY VESTS/CLEAN GREEN 1,277.45 186852 04/28/2022 AMAZON CAPITAL SERVICES CD HOLDERS 19.96 186853 04/28/2022 AMAZON CAPITAL SERVICES OFFICE SUPPLIES 6.99 186854 04/28/2022 AMAZON CAPITAL SERVICES OFFICE SUPPLIES-MALTESE 218.86 186855 04/28/2022 AMAZON CAPITAL SERVICES MRC SUPPLIES 186789 04/27/2022 AMAZON CAPITAL SERVICES LEVEL GAUGES REPAIR KiT 20.00 186806 03/06/2022 AMAZON CAPITAL SERVICES TOOL BAG & CUP HOLDER SUPPLIES FOR APPARATUS 115.73 186809 04/27/2022 AMAZON CAPITAL SERVICES DIRECT WATER LINE HOOKUP -MALTESE 19.79 186810 04/27/2022 AMAZON CAPITAL SERVICES MOUSE PADS 32.00 187068 04/30/2022 AMAZON CAPITAL SERVICES ADDITIONAL PEN REFILLS 22.89 186959 04/30/2022 AMAZON CAPITAL SERVICES DRUMCADDIE 467.95 186960 OS/03/2022 AMAZON CAPITAL SERVICES COMPUTER SUPPLIES 1,47S.S8 186961 04/30/2022 AMAZON CAPITAL SERVICES AIR REGULATOR 65.00 186952 04/30/2022 AMAZON CAPITAL SERVICES OFFICE SUPPLIES 268.9S 187142 04/30/2022 AMAZON CAPITAL SERVICES HEX/TORX SET & SCOPE MOUNTING TOQL-JAWORSKI 71.17 187143 04/29/2022 AMAZON CAPITAL SERVICES VARIOUS OFFICE SUPPLIES FOR MARKETING DIVISION 418.13 187154 04/30/2022 AMAZON CAPITAL SERVICES BALLPOINT PENS FOR RECORDS -WERNER 32.72 187162 04/30/2022 AMAZON CAPITAL SERVICES RAM MOUNTS CHARGER AND MOUNT 219.96 187163 04/30/2022 AMAZON CAPITAL SERVICES OFFICE SUPPLIES 411.68 187167 04/30/2022 AMAZON CAPITAL SERVICES STORAGE BOXES-CATALA 20.95 187107 05/06/2022 AMERICAN PLANNING ASSOCIATION APA MEMBERSHIP, It CHAPTER, & AiCP MEMBERSHIP RENEWAL FOR DK 446.00 186948 OS/02/2022 ANAMISKOVIC BD BOND REFUND-SOOS WARREN STREET 204 250.00 186868 04/29/2022 ANDERSON LOCK COMPANY LTD DOORCLOSERS&SUPPUES 691.62 187109 04/30/2022 ANDRES MEDICAL BILLING LTD APRIL COLLECTIONS 5,453.92 186915 04/30/2022 ANTHONY MORRiSON CDL ORIVEfiS LICENSE REIMBURSMENT 60.00 186816 04/27/2022 APR GRAPHICS INC AUDIO/V!DEO SIGNS 9X6 -MALTESE 50.00 186982 04/30/2022 ARIENS COMPANY PRO TURN EVGOMOWER 27,392.82 187093 04/19/2022 AT&T PHONE SERVICE 2,471.19 187094 04/19/2022 AT&T PHONE SERVICE 1.036.75 184690 01/19/2022 AT&T PHONE SERVICE 2.471.19  VILLAGE OF SKOKIE VOUCHER REPORT#1 MAY 16, 2022 Invoice Refff FY Date Vendor Invoice Description Amount 187069 05/05/2022 ATHLETICO SUBPEONA FOR MEOiCAL REPORTS - WC LIT 25.00 187137 05/09/2022 ATTORNEYS TITLE GUARANTY FUND INC FILE ft 2202503027887 1,420.00 187133 04/30/2022 AUTHORIZED PHOTO SERVICE INC REPAIR OF NIKON SPEEDUGHT SB-700 SN:3034281 175.00 187129 04/30/2022 AUTHORIZED PHOTO SERVICE INC REPAIR OF SPD #1 NIKON AF-S LENSE 245.00 1867SO 04/26/2022 AVALON PETROLEUM CO INC UNLEADED FUEL 23,793.20 1871S7 04/30/2022 AWESOME CAR WASH LLC SQUAD CAR WASHES FOR APRIL 2022 93.00 186811 04/27/2022 AYRES ASSOCIATES !NC GIS SERVICES THROUGH 4/2/2022 - PROJECT:72-0500.09 6,200.00 186925 05/02/2022 SANK OF AMERICA UB refund for account: 26817 8.75 186986 05/04/2022 BARRY COOELL BOOTS & CLOTHING REIMBURSEMENT 380.97 18713 S 05/09/2022 8ENISTAR/HARTFORD-6795 JUNE PREMIUMS IMRF RETIREES 2,432.87 187002 04/29/2022 BENJAMIN GRAY CELL PHONE STIPEND 195,00 186846 04/28/2022 BERG & BERG PARKING TICKET HEARING 1,387.50 186839 04/28/2022 SING LAU REIMBURSEMENT FOR PLUMBING COSTS 225.00 187112 04/30/2022 BLUE CROSS BLUE SHIELD OF ILLINOIS REFUND RE: RAMI ELDAM 1,377.00 186987 05/04/2022 80NNIEHENNELLY CAKE FOR JEAN'S RETIREMENT 55.00 186902 04/29/2022 80WDEN, DARSIE UB refund for account: 50565 17.50 186926 04/30/2022 8RADLEY MAGGI TRAVEL & TRAINING 685,00 186991 04/29/2022 8RADLEY MAGGI CELL PHONE STIPEND 195.00 186998 05/04/2022 BfiADlEY MAGGI ICE FOR BBQ 10.98 187004 04/29/2022 BRIAN BAKER CELL PHONE STIPEND 19S.OO 186917 04/30/2022 BRISTOL HOSE & FITTING MAIN WRHS HOSE REELS/ADAPTERS INSTALLATION 3,307.60 187033 05/04/2022 CA6 GROUP LLC BD BOND REFUND-9140 CRAWFORD AVE 300.00 186819 04/28/2022 CARBON DAY EVCHARGiNG DUAL PEDESTAL MOUNTED FLEET STATION 6,705,00 187029 05/04/2022 CASCADE ENGINEERING REFUSE/RECYCLING CART LiDS 1,481.00 187104 05/06/2022 CASCADE ENGINEERING REFUSE CARTS 29,743.00 186980 04/30/2022 CDS OFFICE TECHNOLOGIES ZEBRA PRINTER REPLACEMENTS 2,085.00 186981 04/30/2022 CDS OFFICE TECHNOLOGIES REPLACEMENT CABLE FOR LPS-112 POWER SUPPLY 40.00 187098 04/30/2022 CDW GOVERNMENT INC HP LASERJET PRO M404DW - PRINTER FINANCE 812.86 187099 04/30/2022 CDW GOVERNMENT INC HP 58A BLK ORGINAL TONER 215.32 187100 04/30/2022 CDW GOVERNMENT INC FOXfTPDF LICENSES QTV 2 342.80 186818 04/27/2022 COW GOVERNMENT INC EREPLACEMENTS REPL BATT #24 F/RBC24 170.56 186856 04/28/2022 CDW GOVERNMENT INC LOGI HDC615WEBCAM 139,85 186858 04/28/2022 CDW GOVERNMENT INC EPSON T2520URABRiTE 36.20 186859 04/28/2022 CDW GOVERNMENT INC HP 30X LASERJET TONER CART BLK 293.88 186862 04/28/2022 CDW GOVERNMENT INC CISCO POWER SUPPLY AND STACKING MODULE 1,545.00 186863 04/28/2022 COW GOVERNMENT INC CISCO CATALYST 9300L 8,483.00 186848 04/28/2022 CENTRAL SQUARE TECHNOLOGIES LIC CRYWOLF - BALANCE DIFFERENCE 316.20 186849 04/28/2022 CENTRAL SQUARE TECHNOLOGIES LLC INDIVIDUAL E-LEARNING SUBSCRIPTION PLAN - CENTRAL SQUARE 350.00 186844 04/28/2022 CENTRAL SQUARE TECHNOLOGiES LLC PROQAEMD INTERFACE 6,500.00 186767 04/26/2022 CHICAGO COMMUNICATJONS LLC LOAD COOK COUNTY KEY ON RADIO 3S.OO 185687 03/24/2022 CHICAGO LAND AGENCY SERVICES TRANSFER TAX REFUND 657.00 187110 04/30/2022 CIGNA REFUND RE; SHARON CAREY 881.26 186823 04/28/2022 CINTAS COfiPORATiON #22 UNIFORM SERVICE-AUTO 111.27 186874 04/25/2022 CITYTECHUSAiNC MEMBERSHIP RENEWAL 390.00 186962 04/30/2022 Circ WELDING SALES & SERVICE INC WELDING SUPPLIES 170.10  VILLAGE OF SKOKIE VOUCHER REPORT ffl MAY 16, 2022 Invoice Refft FY Date Vendor Invoice Description Amount 186979 05/03/2022 CLAIM MANAGEMENT CONSULTANTS LLC REPLENISHMENT OF ACCOUNT 4 30 22 54,286,74 186922 05/02/2022 CLAfM MGMT CONSULTANTS SERVICING MONTHLY SEfilVING OF CLAIMS ACCOUNT 2,335.00 185719 03/21/2022 CLARKBAIRD SMITH LLP LEGAL FEES THROUGH FEB.28. 2022 1,726.50 187125 04/25/2022 CLARKHILLPLC FOR LESAL SERVICES RENDERED THROUGH 4/30/22 5,270.00 186773 04/26/2022 CLEAR CHOICE HEADSETS AND TECH ENCQREPRO MOTH MC WIDEBAND HEADSET 119.00 187175 04/30/2022 COLLEGE OF DUPAGE TRAINING FOR NEW POSfTIONS 1,389.00 186787 04/27/2022 COMMERCIAL CARPET CLEANERS INC RECONDITIONED WHEELCREDIT (140.00) 186788 04/27/2022 COMMERCIAL CARPET CLEANERS INC RECONDITIONED WHEELS 350.00 187150 05/09/2022 COMMUNITY AN!MAL RESCUE EFFORT SURRENDER FEES FOR SIX KITTENS 22-03503-MAGGI 240.00 186865 04/29/2022 COMPASS MINERALS BULK ROCK SALT 20,544.21 187124 04/25/2022 CONRAD POLYGRAPH INC FIREFIGHTER PRE-PLACEMENT EVALUATIONS 480,00 186930 04/30/2022 CONTOUR LANDSCAPING INC KR!ER PLAZA LANDSCAPE MAINTENANCE 159.73 186931 04/30/2022 CONTOUR LANDSCAPING !NC XfilER PLAZA- MULCH, MAY & JUNE 2022 MAINT. REMAINDER OF INVOICE 620.27 186932 04/30/2022 CONTOUR LANDSCAPING INC KRIER PLAZA- MULCH, MAY &JUNE 2022 MAINTENANCE 386.00 186937 04/30/2022 CONTOUR LANDSCAPING INC SOiLAND SOD RESTORATION 4,446.00 186939 04/30/2022 CONTOUR LANDSCAPING INC SOILAND SOD RESTORATION 1,560.00 186940 04/30/2022 CONTOUR LANDSCAPING JNC SOILAND SOD RESTORATION 3,562.70 186941 05/02/2022 CONTOUR LANDSCAPING fNC APRIL MAINT/MULCH - CRAWFORD MEDIANS/SE tNDUSTRiAL-REMAiNOER OF INV 1,003.30 186942 04/30/2022 CONTOUR LANDSCAPING ?NC APRIL MAINTENANCE/MULCH - CRAWFORD MEDIANS/SE INDUSTRIAL 6,167.00 186817 04/27/2022 COOK COUNTY TREASURER TRAFFIC SIGNAL MAINTENANCE FROM COOK COUNTY" FIRST QUARTER S,848.50 186966 04/29/2022 COTG PRINTER MNTNC 2.533.07 186953 04/30/2022 CUMBERLAND SERVICENTER INC REFUSE TRUCK ECHJIPMENT/ACCESSORIES 454.12 186954 04/30/2022 CUMBERLAND SEfiViCENTER INC REFUSE TRUCK EQUIPMENT/ACCESSORIES 765,54 1S6792 04/27/2022 CUMMiNSNPOWERLLC V BAND CLAMP 69.95 186793 04/27/2022 CUMMINS NPOWERLLC V BAND CLAMP 59.95 187034 OS/04/2022 CURBIOINC BO BOND REFUND-9343 LAWLER AVE 300.00 186861 04/28/2022 DANIEL 5CHULZE D8A DATACOM UCC COOK / JUVENILE PETITIONS SOFTWARE 1,347.00 187057 05/05/2022 DAVID 8ADAGLIACCO REIMBURSEMENT FOR OPTIC -BADAGLIACCO 502.17 186965 04/29/2022 DAVIDPAWLAK CELL PHONE STIPEND 195.00 186898 04/29/2022 DEANO&SCARRYLLC FINAL BILL GL LIT POGODZiNSKI 860.00 187001 04/29/2022 DE8RAPROTT5MAN CELL PHONE STIPEND 195.00 186970 04/29/2022 ELIZABETH Z!MMERMAN CELL PHONE STIPEND 195.00 186808 04/27/2022 ELMRIDGE PROTECTION PRODUCTS LLC ESCAPE HOOD AND CARRYING CASE 1,133.65 186905 04/30/2022 EMERGENCY MEDICAL PRODUCTS INC N95 AND SURGICAL MASKS 1.737.00 186906 04/30/2022 EMERGENCY MEDICAL PRODUCTS INC SANITIZING SPRAY FOR AMBULANCES 979.59 187166 04/30/2022 ENTERPRISE LEASING COVERT LEASE RENTAL BiLLING FOR APRIL 2022 5,066.15 187087 05/05/2022 ETAK SYSTEMS LLC REFUND PERMIT RECEIPT ft 21854 INVOICE # 00493933 100.00 186444 04/19/2022 ETS ENVIRONMENTAL Si ASSOCIATES LLC PHASE 11 ENVIRONMENTAL SITE 5045, 5049 & 5051 OAKTON ST 5,400.00 187134 04/30/2022 EVIDENT fNC 4-48" SUPERSTICKS W/CASE -MALTESE 135.46 186907 04/30/2022 EWS WELDING SUPPLY 1NC 02 MEOiCAL GAS AND CHEMECALS 1S9.72 186909 04/30/2022 EWS WELDING SUPPLY INC 02 MEDICAL GAS AND CHEMtCALS 75.87 1871S1 04/30/2022 FEDEX SHIPPING CHARGE- PD STEM FOR MALTESE 17.75 1871S6 04/30/2022 FEOEX SHIPPING CHARGE- PD iTEM FOR NIKOLOPOU105 40.98 186813 04/27/2022 FIRST RESPONDERS WELLNESS CENTER WELLNE5S CHECK PD 2,145.00 187058 04/30/2022 FLOWTECHNICSINC LABOR/SHOP SUPPLIES 535.00  VILLAGE OF SKOKIE VOUCHER REPORT #1 MAY 16, 2022 Invoice Ref# P< Date Vendor Invoice Description Amount 186944 05/02/2022 G & L CONTRACTORS INC CDBG PY214.2A-4255ENFIELD 12,975.00 186814 04/27/2022 G & M TRUCKING !NC SPOILS HAULING/DISPOSAL 430.00 187053 05/05/2022 GARY 5CHWARTZ COL DRIVERS LICENSE REIMBURSEMENT 60.00 187038 04/30/2022 GB SPRINKLER SYSTEMS !NC WINTERIZED SYSTEM 11/9/21 195.00 187039 04/30/2022 GBSPRtNKLER SYSTEMS INC SPRINKLER START UP 867.50 187040 04/30/2022 GB SPRtNKLEFt SYSTEMS INC SPRINKLER START UP 269.75 187041 04/30/2022 GB SPRINKLER SYSTEMS INC SPRINKLER START UP 502.75 187042 04/30/2022 G6 SPRINKLER SYSTEMS INC SPRINKLER START UP 437.75 187043 04/30/2022 GB SPRINKLER SYSTEMS INC SPRINKLER START UP 347.50 187044 04/30/2022 GB SPRINKLER SYSTEMS INC SPRINKLER START UP 407,50 187045 04/30/2022 GB SPRINKLER SYSTEMS INC SPRINKLER START UP 375.25 187046 04/30/2022 GB SPRINKLER SYSTEMS INC SPRiNKLER START UP 757,50 187047 04/30/2022 GB SPRINKLER SYSTEMS INC SPRINKLER START UP 427.50 187048 05/26/2022 GB SPRiNKLER SYSTEMS INC SPRINKLER START UP 457.75 187049 04/30/2022 GB SPRINKLER SYSTEMS INC SPRINKLER START UP 360.00 187050 04/30/2022 GB SPRINKLER SYSTEMS INC SPRINKLER STARTUP 635.50 187051 04/30/2022 GB SPRINKLER SYSTEMS INC SPRfNKLEfi START UP 1,617,25 187006 04/30/2022 GB SPRINKLER SYSTEMS INC SPRSNKLER START UP 268.7S 187007 04/30/2022 GB SPRINKLER SYSTEMS !NC SPRINKLER START UP 636.00 187008 04/30/2022 GB SPRINKLER SYSTEMS INC SPRINKLER START UP 300.00 187009 04/30/2022 GB SPRINKLER SYSTEMS INC SPRINKLER START UP 300.00 187010 04/30/2022 68 SPRINKLER SYSTEMS iNC SPRINKLER START UP 347.50 187011 04/30/2022 68 SPRINKLER SYSTEMS iNC SPRINKLER START UP 300.00 187014 04/30/2022 G8 SPRINKLER SYSTEMS !NC SPRINKLER START UP 269.75 187015 04/30/2022 GB SPRINKLER SYSTEMS !NC SPRINKLER START UP 272.50 187016 04/30/2022 GB SPRINKLER SYSTEMS iNC SPRINKLER START UP 297.75 1S7017 04/30/2022 GBSPSINKLER SYSTEMS INC SPRINKLER START UP 497.75 187018 04/30/2022 G8 SPRINKLER SYSTEMS !NC SPRINKLER START UP 17S.OO 187019 04/30/2022 GB SPRINKLER SYSTEMS iNC SYSTEM WINTERZIED 11/5/21 195.00 187020 04/30/2022 GBSPRiNKlER SYSTEMS INC SPRINKLER START UP 240.00 187021 04/30/2022 GB SPRINKLER SYSTEMS INC SPRINKLER STARTUP 547.75 186812 04/27/2022 GB SPRINKLER SYSTEMS INC SPRINKLER START UP 1,022.25 186824 04/28/2022 GENUINE PARTS COMPANY RADIATOR CAP 12.4S 186825 04/28/2022 GENUINE PARTS COMPANY PURGE VALVE #53 31.72 186879 04/29/2022 GENUINE PARTS COMPANY BRAKE PARTS#71 117.53 186880 04/29/2022 GENUINE PARTS COMPANY OiL FILTERS 11,10 186881 04/29/2022 GENUINE PARTS COMPANY AiR FILTER S395T 6.08 186883 04/29/2022 GENUINE PASTS COMPANY OIL FILTERS-STOCK 70.17 186963 05/03/2022 GENUINE PARTS COMPANY STOCK SUPPLIES 30.66 186993 05/04/2022 GIOVANNI DELAVEGA REIMBURSEMENT FOR UNIFORM BOOTS -DE LA VEGA 135.94 186870 04/29/2022 GLOBAL INDUSTRIAL MANUAL DRAIN CLEANER 474.75 186826 04/28/2022 GOLF MILL FORD THERMOSTAT 39.86 186782 04/27/2022 GRAINGER UTHIUM BATTERIES/IMPACT WRENCH 258.38 186783 04/27/2022 GRAINGER CEILING TILE 263.54 186919 04/30/2022 GRAINGER SLOAN MODULE 186.76  VILLAGE OF SKOKIE VOUCHER REPORT #1 MAY 16, 2022 Invoice Ref# FY Date Vendor Invoice Description Amount 186927 04/29/2022 GRAiNGER MISCELLANEOUS STEMS FOR SIGN SHOP 124.58 186957 04/30/2022 GRAiNGER FLUOR BALLASTS 122.68 187148 04/30/2022 GRAINGER DC MOTOR FOR RANGE -PAWLAK 228.88 186938 05/02/2022 GREEN TECH PLUMBING BD BOND REFUND-7634 KARLOV AVE 1,500.00 186997 05/04/2022 GREGORY ZURAWSKI REIMBURSEMENT FOR GUN SAFE "ZURAWSKf 199.99 186847 04/18/2022 GRUMMAN/BUTKUS ASSOCIATES HVAC AND ELECTRiCAL STUDY 7,470.00 187176 04/30/2022 H & H ELECTRIC CO NON-ROUTiNE iNVOICES FROM H&H FROM FEBRUARY 2022 6,091.78 187177 04/30/2022 H&H ELECTRIC CO NON-ROUTINE H&H ElECTRiC INVOICES FROM FEBRUARY 2022 1,523.40 187178 04/30/2022 H&H ELECTRIC CO NON-ROUTINE H&H ELECTRIC INVOICES FROM FEBRUARY 2022 2,298.33 187179 04/30/2022 H&H ELECTRIC CO NON-ROUTINE H&H ELECTRIC INVOICES FROM FEBRUARY 2022 1,340.14 1S7170 04/30/2022 H & H ELECTRIC CO NON-ROUTINE INVOICES FROM H&H FROM FEBRUARY 2022 3,964.55 187171 04/30/2022 H & H ELECTRIC CO NON-ROUTINE H&H ELECTRIC INVOICES FROM FEBRUARY 2022 1,595.75 187172 04/30/2022 H & H ELECTRIC CO NON-ROUTINE H&H ELECTRIC INVOICES FROM FEBRUARY 2022 1,595.75 187165 04/30/2022 H & H ELECTRIC CO H&H ELECTRIC INVOICE FROM MARCH 2022 - 5419 HARVARD TERRACE 1,857.57 187181 04/30/2022 H & H ELECTRIC CO NON-ROUTINE H&H ELECTRIC INVOICES FROM FEBRUARY 2022 1,453.92 187182 04/30/2022 H & H ELECTRIC CO NON-ROUTINE H&H ELECTRIC INVOICES FROM FEBRUARY 2022 2,360.56 187183 04/30/2022 H&H ELECTRIC CO NON-ROUTINE H&H ELECTRIC INVOICES FROM FEBRUARY 2022 612.68 187184 04/30/2022 H&H ELECTRIC CO NON-ROUTINE H&H ELECTRIC INVOICES FROM FEBRUARY 2022 465.08 186947 05/02/2022 HARLEY GRAHAM BD BONDREFUND-9514TR1PPAVE 300.00 186924 05/02/2022 HEADLINE SOLAR LLC BO BOND REFUND-7734 EAST PRAIRIE ROAD 300.00 187096 05/05/2022 HENPQL CONSTRUCTION BO BOND REFUND-S200 GREENWOOD STREET 300.00 186S94 04/19/2022 HOME DEPOT CREDIT SERVICES MISC. TOOLS AND HARDWARE 2,090.97 186903 04/29/2022 HOOK, MARION UB refund for account; 17265 17.50 186887 04/29/2022 IT SUPPLIES CANON PRINTER SUPPLIES 2,249.60 186807 04/27/2022 ICMA MEMBERSHIP RENEWALS MEMBERSHIP DUES FOR ALEX FRANZ - FY2023 (7/2/22 - 6/30/23} 175.00 187128 05/09/2022 ICMA MEMBERSHIP RENEWALS MEMBERSHIP DUES FOR JOHN LOCKERBY -FY2023 1,400.00 187130 05/09/2022 ICMA MEMBERSHIP RENEWALS MEMBERSHIP DUES NICK WYATT - FY2023 1,400.00 187012 04/30/2022 !DPH SURCHARGE FEE 24.00 187127 04/25/2022 ILCMA JOB POSTING - IT SYSTEMS ANALYST so.oo 187091 05/05/2022 ILLINOIS ORTHOPEDiC NETWORK LLC MEDiCAL RECORDS REQ WC UT 25.00 186835 04/28/2022 fLUNOIS STATE POLICE SEIZED FUNDS - CASE # 21-6535 721.00 187022 05/04/2022 (NLiNGOLLC TRANSLATION SERVICES FOR VILLAGE OF SKOKIE DIRECTORY OF SERVICES - FINAL PAYMENT 2,005.91 186828 04/28/2022 iNTERSTATE BILLING SEfiViCE !NC TANK AIR PPRE5S #156 4S7.26 186829 04/28/2022 INTERSTATE BILLING SERVICE INC WATER PUMP ttll3 484.49 187054 04/29/2022 IQBAL KALOTA CELL PHONE STIPEND 195.00 187132 04/30/2022 SS8S 04/30/22-07/29/22 BASE 01/30/22-04/29/22 OVERAGE COPIER SERVICE & MAINT FOR CONTfiACT ffSSO-Ol 2,348.21 187180 04/30/2022 iTOA TACTICAL PISTOL RSFLE COUSE FOR LAZARE5CU/VODICKA 580.00 186860 04/28/2022 JG UNIFORMS INC POLO UNIFORM SHIRTS 320.00 186973 04/29/2022 JEAN SCHER CELL PHONE STIPEND 195.00 186972 04/29/2022 JEFFREY DUNN CELLPHONE STIPEND 19S.OO 186989 04/29/2022 JEFFREY J HOEFUCH CELL PHONE STIPEND 390.00 186990 04/29/2022 JOE1ENNING5 CELL PHONE STIPEND 195.00 187097 04/23/2022 JOHN BARKHOO CELL PHONE STIPEND 195.00 186899 04/29/2022 JOHN LOCKER8Y REIMBURSEMENT FOR LUNCH MEETING ON 4/21/22 52.76 186845 04/28/2022 JOHN SAMPATH REIMBURSEMENT FOR PLUMPING COSTS 500.00  VILIAGE OF SKOKIE VOUCHER REPORT #1 MAY 16, 2022 Invoice Ref# Pf Date Vendor Invoice Description Amount 186857 04/28/2022 JUDY GALAM BOS DAMAGE TO SPRINKLER FROM 2021 CONSTRUCTION 402.48 187064 04/29/2022 JULIAN PRENDI CELl PHONE STIPEND 195.00 186943 04/30/2022 JUSTINWSDEMAN BOOTS REIMBURSEMENT 309.99 186740 04/26/2022 KANE MCKENNA AND ASSOCIATES INC PROF SERVICES - DOCUMENT PREP & REVIEW 150.00 186995 OS/04/2022 KARENSCHEELE BD BOND REFUND-8232 KILBOURN AVE 3,000.00 187121 05/09/2022 KAW. ROOP UB refund for account: 85741 8.75 187032 05/04/2022 KJONES INVESTMENTS, LLC BD BOND REFUNO-4846WRIGHT TERRACE 300.00 186827 04/28/2022 LAKESIDE INTERNATIONAL TRUCKS THERMOSTATKIT#113 141.93 186914 04/30/2022 LAMARANOERSON CLOTHING REIMBURSEMENT 189.95 186933 04/30/2022 LANGTON SNOW SOLUTIONS APRIL 2022 MOWING 6.846.03 186837 04/28/2022 LAW50N PRODUCTS !NC SINGLE LEG SHOCKWAVE 201.73 186838 04/28/2022 LAWSON PfiODUCTS INC MISCELLANEOUS ITEMS FOR SIGN SHOP 0.30 187085 04/30/2022 LAWSON PRODUCTS INC SHOP PRO TOWELS FOR StGN SHOP 172.75 187139 05/09/2022 IEADSONLINE LLC INVESTIGATION SYSTEM SERVICE PACKAGE 6/1/22-5/31/23 6,S38.00 187066 05/05/2022 LESLIE MURPHY REIMBURSEMENT FOR ED EXPENSE 552.97 186815 04/27/2022 LUCY RUKAViNA SUPPLIES FOR BUDGET HEARINGS 29,61 186918 04/30/2022 LYOENOILCOMPANY DIESEL FORCE EMISSION SYSTEM KIT 2,838.00 186S04 04/27/2022 MACMUNNiSINC LAND RENTAL FEES 911.49 18680S 04/27/2022 MACMUNNiSINC LAND RENTAL FEES 2,742.81 186830 04/28/2022 MACQUEEN EQUIPMENT LLC REPAIRS 2,477.94 186831 04/28/2022 MACQUEEN EOUIPMENT LLC SWELL LATCH ftllO 133.26 186763 04/26/2022 MARKJOHNSON CLOTHING REIMBURSEMENT 197.94 187055 04/29/2022 MAX SLANKARD CELL PHONE STIPEND 195.00 186988 05/04/2022 MAXSLANKARD TRAINING LUNCH 55.72 186884 04/29/2022 MCKENNASTORER LEGAL FEES GL LIT - COSOViC 50.00 186885 04/29/2022 MCKENNA STORES LEGAL SERVICES GL LIT COSOVIC 470.58 186871 04/29/2022 MENARD5 MORTON GROVE SPRAY PA! NT 7,32 186920 04/30/2022 MENARD5 MORTON GROVE DENTEC RESPfRATOR 29.97 186921 04/30/2022 MENARDS MORTON GROVE STEEL END FRAME/STEEL RACKING 1,408.42 186784 04/27/2022 MENARDS MORTON GROVE JAN ITOSiAL SUPPLIES 22.38 186955 OS/03/2022 MENARDS MORTON GROVE SUPPLIES 41.15 186956 05/03/2022 MENARDS MORTON GROVE SUPPLIES 17.99 187113 04/30/2022 MERIDIAN HEALTH PLAN OF SLLiNOIS REFUND RE: JAN IT ODISHO 1,513.44 187144 04/30/2022 MGPINC G!S STAFFING SERVICES FY2022 - APRIL 2022 11,148.21 18714S 04/30/2022 MGPINC G!S STAFFING SERVICES FY2022 - APR!L2022 1,346.96 187000 05/04/2022 MICHAEL BLANCO REIMBURSEMENT FOR OPTIC & CiV!UAN CLOTHES -BLANCO 1.696.20 186913 04/30/2022 MICHAEL ZLOTNiK CLOTHING REIMBURSEMENT 87.50 186820 04/28/2022 MIKEOEZYN5KI TOOL ALLOWANCE 380.00 186968 04/29/2022 MIKELOCHNER CELL PHONE STIPEND 195.00 186928 04/30/2022 MOORE LANDSCAPES INC LANDSCAPE MAINTENACE CONTRACT 2021 5,008.00 186929 04/30/2022 MOORE LAN DSCAPES INC APRIL2022 MA!N5T LANDSCAPE MAINTENANCE 2.468.00 186934 04/30/2022 NATURES PERSPECTIVE LANDSCAPING APRIL 2022 - VILLAGE HALL & VILLAGE GREEN MAiNTENANCE 590.00 186936 04/30/2022 NATURES PERSPECTIVE LANDSCAPtNG APRIL 2022 - VILLAGE HALL & VILLAGE GREEN MAINTENANCE 688,00 187135 04/2S/2022 NCPERS GROUP LIFE INC IMRF/NCPERS LIFE INSURANCE 1,232.00 186951 04/30/2022 NICQRGAS NATURAL GAS - 5127 OAKTON 5,174.00  VILLAGE OF SKOKIE VOUCHER REPORT #1 MAY 16, 2022 Invoice Ref# FY Date Vendor Invoice Description Amount 18G983 04/30/2022 NICORGAS NATURAL GAS -FARGO & LONG 151.84 186984 04/30/2022 NJCORGAS NATURAL GAS - 7424 NiLES CENTER RD 1,646.10 186897 04/29/2022 NICORGAS NATURAL GAS - 8135 CENTRAL PARK 164.48 186736 04/26/2022 NiCORGAS NATURAL GAS - 5147 MAIN ST 141.64 187036 04/30/2022 NILES TOWNSHIP DISTSICT 219 APRIL 2022 - SHARED 1-NET DS3 SERVICES 250.00 187173 04/30/2022 NIPSTA DRIVER TRAINING -EVOC FOR GRAMIN5 & OR02CO 1,000.00 187174 05/10/2022 NIPSTA ICS SPR!NG SESSION TRAINING FOR JAWOR5KI 650,00 186969 04/29/2022 NOORUOOfN THASWANI CELL PHONE STIPEND 195.00 18715S 05/10/2022 NORTHEASTERN !L RESiONAL CRIME LAB MEMBERSHIP ASSESSMENT/MAiNTENANCE AGREEMENT FOR FY22/23 94,345.00 187146 04/30/2022 NORTHERN ILLINOIS UNIVERSITY REIMBURSEMENT FOR EXTERNSHiP OF ENKHNASAN TAYLOR 8/16/21-6/30-22 1,545.00 187092 05/05/2022 NORTHSHQRE OCCUPATIONAL MEDICINE MEDICAL RECORDS REQ WC LIT 25.00 187090 OS/05/2022 NORTHSHORE SKOKIE HOSPTiAL MED!CAL RECORDS REQ WC LIT 25.00 187067 05/05/2022 NORTHWEST MUNICiPAL CONFERENCE ANNUAL MEMBERSHIP DUES FY22-23 2S,S28.00 187108 04/30/2022 OAKTON COMMUNITY COLLEGE TUiTION FOfi LERNER.MALLORCA, GARCSA.L£ViNSON 5,566.74 186802 05/22/2022 OFFICE DEPOT INC 5KOKIE FIRE - OFFICE SUPPLIES 4.01 186843 04/28/2022 OFFICE DEPOT INC SKOKiE FIRE - OFFICE SUPPLIES 402.03 186840 04/28/2022 OFFICE DEPOT INC SKOKIE FIRE - OFFICE SUPPLIES 120.80 186893 04/29/2022 OFFICE DEPOT INC KEURIG K-2500 492.49 186901 04/29/2022 OLIVER, JEFF AND STACY UB refund for account: 76753 8,75 187141 05/09/2022 PACE SUBURBAN BUS FEB'2022 LOCAL SHARE 7,233.31 186916 05/02/2022 PALE BLUE DOT LLC SUSTAINABIUTY PLAN CONSULTiNG FEES 1,187.75 186935 05/02/2022 PATfiiCIAKELLY REIMBURSEMENT FOR DAMAGE TO FENCE AL CLAIM 775.90 186912 04/30/2022 PAUL REYES CLOTH iNG/TOOLS 699.14 187065 04/29/2022 PAULWEINMAN CELL PHONE STIPEND 195,00 186999 05/04/2022 PAULWEiNMAN REIMBURSEMENT FOR CIVILIAN CLOTHES & HOISTER -DC WEINMAN 692.97 187136 05/09/2022 POWERDMS POWERDMS PROFESSIONAL & LEGACY TRAINING RENEWAL 6/4/2022.6/3/2023 7,122.85 186836 04/28/2022 PREMIER CUSTOM HOMES LTD BD BOND REFUNO-900S TAMAROA TERRACE 300.00 186900 04/29/2022 PROPERTY PARTNERS OF FOX VALLEY. IL UB refund for account: 88313 8.75 187159 05/10/2022 QUENCH USA iNC MONTHLY WATER FILTER CONTRACT AT PD -MAY 2022 55.00 186832 04/28/2022 RAYMAR HYDRAULIC REPAIR SERVICE !NC PLOW CYL REPAIRS #143 554.29 186873 04/29/2022 REMRED BUSINESS CLASS PROMO PRDTS T-SHIRTS FOR FARMERS' MARKET MANAGER AND ASSISTANT 150.72 187149 04/30/2022 RICHARD EWILKEN REIMBURSEMENT FOR MEALS ON RECRUITING TRIP 47.19 187063 04/29/2022 ROBERT LI BIT CELL PHONE STIPEND 195.00 186511 04/20/2022 ROSE PEST SOLUTIONS ABATEMENT SERVICES 315.00 186866 04/29/2022 SECRETARY OF STATE LICENSE PLATE RENEWAL - 2012 FORD 151,00 186867 04/29/2022 SECRETARY OF STATE LICENCE PLATE RENEWAL - 2014 FORD 151.00 187152 04/30/2022 SECU RITAS ELECTRONIC SECURITY iNC V100 DOOR ACCESS CONTROLLER 563,78 186994 05/04/2022 5HANE LONG REIMBURSEMENT FOR UNIFORM SHIRT "LONG 53.86 187052 04/30/2022 SHARPER DOT PRINTING INC WATER SHUT OFF - DOOR HANGERS 426.05 187086 04/30/2022 SHERWIN INDUSTRIES INC YELLOW TRAFFIC PA! NT 2,385.00 186864 04/29/2022 SIMON UNIFORM COMPANY iNC UNIFORMS 449.50 18678S 04/27/2022 SKOKIE PASNT & WALLPAPER PAINT FOR PUMP HOUSE 125.99 187153 04/30/2022 STAPLES INC. STORAGE BOXES FOR AC -JAWORSK! 80.30 186895 04/28/2022 STEPHEN JAG MAN REIM8URSMENTFORTRAINSNG ROOM SUPPLIES 30.25 186923 04/30/2022 STEVENLESNiEWICZ TRAVEL STRAINING 754.62  VILLAGE OF SKOKIE VOUCHER REPORT #1 MAY 16, 2022 Invoice Ref# FY Date Vendor Invoice Description Amount 186971 04/30/2022 STEVEN LESNIEWICZ CELL PHONE STIPEND 195.00 187120 05/09/2022 SUM. LUCA UB refund for account; 72719 16.62 186833 04/28/2022 SUNRfSE TREE CARE ROUTINE TREE PRUNING CONTRACT 2020-2021 ZONE 8 3,936.73 186S34 04/28/2022 SUNRISE TREE CARE ROUTINE PKWY TREE TRIMMING - REMAINDER OF INVOICE 5,85135 187122 05/09/2022 5UNRUN INSTALUkTION SERVICES BO BOND REFUND-5212 MADISON ST 300.00 187003 04/29/2022 SUSAN REISB£RG CELL PHONE STIPEND 195.00 186896 04/29/2022 SYNERGY CONSTRUCTION GROUP LLC BO BOND REFUND-S047 FLORALAVE 500.00 187037 04/30/2022 T-MQBILE USA iNC HOTSPOT 119.20 187189 05/10/2022 TAMSAS. ATOR UB refund for account; 76071 59.24 187035 04/30/2022 THE BANK OF NEW YORK MELLON AGENT FEEJUNE1, 2022- MAY 31, 2023 750.00 187123 04/25/2022 THE BLUE LINE JOB POSTING- FIRE PREVSPCLST 298.00 187140 05/09/2022 THE C!MA COMPANIES INC VOLUNTEER INSURANCE RENEWALJULY 12022 1,656.45 1S6889 04/29/2022 THE HOME DEPOT PRO FEIT 5W(45W) R20 DL DIM LED 3PK -MALTESE 27.14 186842 04/28/2022 THE SEWER BOSS VARIOUS NQZZLES/ROOT CUTTING MOTOR 4,044.06 187106 05/06/2022 THE SEWER BOSS L80 NOZZLE 1,205.56 186751 04/26/2022 THELEN MATERIALS LLC COMPOST HAULING/DISPOSAL 5,751.00 187169 04/30/2022 THOMSON REUTERS - WEST CLEAR INVESTIGATIVE SUITE MONTHLY CHARGES -APR!L2022 652.39 187158 OS/OS/2022 TIFFANY KELLY- SOUND INSIGHT V&H SCREENING 408.25 186996 05/04/2022 TIMOTHY GRAM!NS REIMBURSEMENT FOR SCOPE PER UNIFORM LIST-GRAMINS 864.95 186992 04/29/2022 TIMOTHY GRAMINS CELL PHONE STIPEND 195.00 186801 04/27/2022 U S POSTMASTER MARKETING MAIL PRESORTED FY23 265.00 1870S6 04/30/2022 ULINE PLAZA TRASH CANS 24,523.87 187111 04/30/2022 UNITED HEALTHCARE INSURANCE CO REFUND RE: HERSCHEL CAMP8ELL 344.70 186890 04/29/2022 UPS SHIPPING-AUTO 36.00 187095 05/05/2022 US WATERPROOFING & CONSTRUCTiON CO BO BOND REFUND-9244 LINCOLNWOOD DRIVE 300.00 187105 05/06/2022 WARD DICKENS BOOTS REIMBURSEMENT 229.95 186910 04/30/2022 WAREHOUSE DIRECT PAPER AND LIQUID TOILETRSES FOR STATIONS 16,17,18 1,546.22 186911 04/30/2022 WAREHOUSE DIRECT STATION 16,17,18 CLEANING SUPPLIES 1,595.43 18698S 05/04/2022 WASiEGfiEEN BOOTS REIMBURSEMENT soo.oo 18G958 04/30/2022 WEBMARC DOORS OVERHEAD DOOR REPAiR/REPlACEMENT 1,595.45 187188 05/10/2022 WENRO LLC BD BONDREFUND-8614KAfiLOVAVE 500.00 186964 04/30/2022 WiLMETTE TRUCK & BUS D.O.T. VEHICLE iNSPECTIONS 438.00 186967 04/30/2022 ZERO TECHNOLOGIES LLC PITCHERS AND FILTERS 6,771.08 187059 04/30/2022 ZtEBELL WATER SERVICES PRODUCTS DUAL LNG SLEEVES 1,536.00 186904 04/29/2022 ZIE8ELL WATER SERVICES PRODUCTS D6MPSTER/NC/SKOSOE TRIANGLE IMPROVEMENT PROJECT 2,040.15 186908 04/30/2022 ZOLL ECG MONITOR/DEFIBRiLLATOR/PACER 98.30 Total: $ 696,782,79 Memorandum Mayor's Office TO: Boapd ofTrustejes FROM: IVl^q^J DATE: May 16, 2022 SUBJECT: Proclamation A Proclamation "50TH Anniversary - BENE SHALOM HEBREW ASSOCIATION FOR THE DEAF" June 5, 2022 594307 Board of Trustees 5-16-22  WHEREAS, the Village of Skokie congratulates and celebrates Congregation Bene Shalom Hebrew Association of the Deaf, located at 4435 Oakton, Skokief on its 50th Anniversary; and WHEREAS \ Congregation Bene Shalom remains the "only full-service synagogue serving the deaf Jewish community in the United States," addressing congregants in English^ Hebrew and sign language and where all are welcome - deaf and hearing, Jew and non-Jew; and WHEREAS j /Ae synagogue was founded by the late Rabbi Dr. Douglas Goldhamer, of blessed memory, who taught us that the most important thing we can do in this life is "Be Kind, Be Kind, Be Kind"; and WHEREAS) Rabbi Goldhamer truly epitomized the words of the great prophet Micah, to act justly, love mercy and walk humbly with your God"; and WHEREAS) we honor and recognize the past 50 years of Congregation Bene Hebrew Association of the Deaf and the mentoring that Rabbi Dr. Douglas Goldhamer instilled in countless individuals, whether Deaf or not in their spiritual journey. NOW, THEREFORE, J, GEORGE VAN DUSEN, Mayor of the Village of Skokie, do hereby proclaim and extend best wishes to Congregation Bene Shalom Hebrew Association for the Deaf on its 50th anniversary. Passed this 16th day of May 2022 George Van Dusen Mayor Pramod C. Shah Village Clerk 595397 Memorandum Manager's Office TO: The Honorable Mayor and Board of Trustees Village C!erk Corporation Counsel FROM: \K- f ' ^P«J^L- in T. Lockerby, Village Manager DATE: May 12, 2022 SUBJECT: MANAGER'S REPORT BOARD MEETING OF MONDAY, MAY 16,2022 A. Axpn Body Worn Cameras, Squad Car Camera Systems, Electronic Devices. Interview 1 Systems and Integrated Drone Platform Systems ~ Axon Enterprise, Scottsdale, Arizona - $400,075, The Mayor and Village Board approved a Body Worn Camera (BWC) Pilot Program with the budget that concluded on April 30. Since January 2nd, thirteen cameras have been deployed as part of the pilot and it has been a very positive experience. In addition, the Skokie Public Safety Commission conducted a review of Skokie's Use of Force Polices and received numerous comments from citizens and Public Safety commissioners that expressed their desire for Skokie Police to possess body worn cameras. As part of the pilot program, the Police Department began researching vendors for body worn cameras and systems. Police Department staff conducted extensive research of five major vendors and it was determined that Axon Systems produces and maintains the preeminent body worn cameras platform and the most encompassing singte-vendor system for our Police Department needs. Therefore, staff is recommending the Skokie Police Department enter into a five-year agreement for 120 Axon AB3 Model Body Worn Cameras with unlimited storage, 40 squad car camera systems, 50 Axon "Taser 7's", 9 Axon Interview 1 systems, and Axon Air integrated drone platform as we!l as associated Evidence.com platform, technology, and software upgrades and third-party cloud storage. The total annual cost for the equipment and systems is $400,075. The Police Department has committed to utilizing $230,414 of seized, restricted and asset forfeiture funds to offset the cost of the Axon Integrated Systems for the first year. This purchase will fully implement a Body Worn Camera Program. I concur with staff's recommendation and respectfully request Mayor and Board approval to enter into a five-year agreement with Axon Enterprise for a total annual cost of $400,075 for Axon Integrated Systems. 597737  B. Facility Management and Programminct Agreement for North Shore Center for the Performina Arts - VenuWorks, Ames, Iowa. In late fall of 2021, the Village received notice that Professional Facilities Management, the North Shore Center for Performing Arts' facility management and programming firm since 1996, was not renewing their agreement after its spring 2022 expiration, in January 2022, the Village Issued a request for qualifications and Village staff determined VenuWorks was the most qualified firm to provide facility management and programming services for the Center. VenuWorks currentiy provides facilities management services to nearly 40 venues across the country. I concur with staff's recommendation and respectfully request Mayor and Board approval of a Resolution to enter into an agreement with VenuWorks for facility management and programming services for the North Shore Center for Performing Arts. C, Oakton Multi-Use Path Local Public Agency Agreement for Joint Funding. Earlier this year, The Villages of Skokie, Morton Grove and Miles entered into an Intergovernmental Agreement (IGA) to govern the construction of a multi-use path along the south side of Oakton Street between Gross Point Road and Caldwell Avenue. The construction contract wil! be administered by the Illinois Department of Transportation (IDOT) and as such requires a Joint Funding Agreement for State-Let Construction Work. Per the IGA, the Village of Skokie is to enter into said agreement with IDOT. I concur with staff's recommendation and respectfully request Mayor and Board approval of a Resolution authorizing execution of the Joint Funding Agreement for State-Let Construction Work with IDOT. 597737 Memorandum Police Department Finance Department A TO: John T. Lockerby, Village Manager FROM: Brian B in^Prendi, Finance Director DATE: May 12,2022 SUBJECT: Agenda Item - Axon Body Worn Cameras, Squad Car Camera Systems, Electronic Control Devices, Interview 1 Systems and Integrated Drone Platform Systems Background: The Mayor and Board approved a body worn cameras (BWC) pilot program for the fiscal year that ended on April 30, 2022. From October 2020 through July 2021, the Village of Skokie Public Safety Commission conducted its public review of the Police Department's Use of Force Policies. During this time, numerous comments were received from citizens, and individuals on the commission, that expressed their desire for the Skokie Police to possess body worn cameras (BWC). Concurrently with the Village's efforts, the Safety, Accountability, Fairness and Equity-Today Act (SAFE-T Act) was signed into law which required the Skokie Police Department to deploy body worn cameras by January 1st, 2024. As a result, the Police Department began researching vendors for body worn cameras. As law enforcement technology has progressed over the past decade, the Police Department has added equipment, software and systems which have greatly increased its capabilities in numerous areas of responsibility. In the interest of both transparency and Officer safety, camera systems have been introduced into Department vehicles and the detention facility and are utilized to capture digital evidence. The Department has also migrated to electronic reporting in the field in order to streamline the process. These are but a few areas in which these positive changes have been implemented. While these changes have brought progress and created additional capabilities, they have nevertheless been accompanied by challenges and have generated new inefficiencies. Specifically, most of these systems are stand-alone technologies with proprietary software supported by a myriad of vendors. They are not and cannot be integrated or may only be integrated at great expense. Because these systems do not communicate with each other, significant inefficiencies are created in data entry, information and video retrieval, subpoena and expungement processing and the like, resulting in substantial time demands on an already burdened staff. 597698 In recent years, vendors have made considerable progress in their efforts to remedy this serious, universal law enforcement issue. Indeed, they have developed comprehensive products and technologies which seamlessly address the various functions performed by law enforcement with a single operating system. With these products, efficiencies may be improved dramatically. Given these advancements, Police Department staff has diligently conducted research to attempt to identify the single best and most experienced vendor capable of meeting Department needs for all required systems, including body worn cameras. Extensive discussion, inquiries and research of five major vendors was performed over many months, and it was concluded that Axon Systems produces and maintains the preeminent body worn camera platform and the best, most encompassing single-vendor system for Skokie PD's needs. The Police Department's In-Car Video Cameras and Investigations Video Management System were already scheduled for replacement in FY23, and the Department has an existing contract with Axon for Electronic Control Devices (Tasers). By integrating these key technologies with the new body worn cameras in a single Axon platform, significant efficiencies and capabilities will be achieved and staff time will be preserved. Recommendation: Staff is recommending that Skokie PD enters into a five-year agreement for 120 Axon AB3 Model Body Worn Cameras with unlimited storage, 40 "Fleet 3 Squad car camera systems with ALPR technology and unlimited storage, 50 Axon "Taser 7s, 9 Axon Interview 1 systems, and Axon Air integrated drone platform as well as associated Evidence.Corn platform, technology, and software upgrades and third-party cloud storage. The total annual cost for the equipment and systems is $400,075. Comments: Purchasing these items together results in significant savings as a result of bundled pricing. Purchasing the systems simultaneously also creates substantial administrative efficiencies over the current propriety stand-alone systems. The transition to systems all using the Evidence.corn cloud platform and advanced software features will reduce the burden on police records staff, officers, detectives, prosecutors and FOIA compliance during a time when police transparency is vital to garnering public trust. The Police Department has committed to utilizing $230,414 of seized, restricted and asset forfeiture funds to offset the costs of Project Code 65, Axon Integrated Systems. In FY24, FY25, FY26, and FY27, the Police Department will contribute an additional $50,000.00 per year out of various qualifying seizure and asset forfeiture funds. Cc: Nicholas Wyatt, Assistant Village Manager Jesse Bames, Deputy Police Chief Michael Aleksic, Assistant Finance Director 597698 Memorandum B Marketing and Public Information Division TO: Village/h/lanager John 'fy. Loc FROM: (lUL±. Ann E./Tennes, Director of Marketing and Communications DATE: May 12,2022 SUBJECT: Facility Management and Programming Agreement - North Shore Center Center for the Performing Arts in Skokie I am pleased to present for Village Board consideration an agreement for facilities management and programming at the North Shore Center for the Performing Arts in Skokie (Center) with VenuWorks, an Ames, lowa-based firm that provides facilities management services to nearly 40 venues across the country. VenuWorks was founded in 1996, and their closest client is the Rialto Square Theater in Joliet, Illinois. The types of facilities VenuWorks manages ranges from performing arts venues to sporting arenas and conference/exhibition centers, and many of the performing arts venues also contract with VenuWorks for programming services, This recommendation follows a five-month process to secure a qualified, experienced firm for facility management and programming after die Village received notice in late fall 2021 that Professional Facilities Management (PFM), the Center's facility m anagement and programming firm since 1996, was reducing the scope of its corporate operations and would not renew their agreement after its spring 2022 expiration. In January 2022, the Village issued a request for qualifications to which VenuWorks enthusiasticaliy responded and was the most qualified firm to respond. After touring the facility in Eate January, and responding to several additional requests for information from Village staff, an agreement negotiating team was formed that included: • Nick Wyatt, Assistant Village Manager • Ann Tennes, Director of Marketing and Communication • Mike Aleksic, Assistant Finance Director • Alex Franz, Management Analyst • Al Rigoni, former Village Manager and Chairman of the North Shore Center for the Performing Arts Foundation • Terry Guolee, Chairman, Performing Arts Center Board During March, the entire negotiating team as well as Village Manager John Lockerby and Corporation Counsel Michael Lorge participated in a morning-iong presentation by VenuWorks on their services, quaiifications and proposal for the Center. The entire Village team agreed to move forward with an agreement for VenuWorks to provide both facility management and programming services for the Center that is comparable to the existing agreement with PFM. As outlined in the attached agreement, specific highlights and responsibilities of the VenuWorks agreement include: • Term o Initial five-year term commencing on July 1, 2022. • Out for convenience for both parties at the three-year point, with 180-day notice. o Two five-year extension options by mutual agreement. Docff597781 Page Two VenuWorks Management and Programming Agreement May 12,2022 • Fees o The FY23 fee is $180,000, with an annual CPI escalator not to exceed three percent. o VenyWorks will be eligible to receive an annual incentive fee for reducing the annual operating subsidy required from the Village for the Center. This base fee is significantly less than the amount paid annually to PFM. o VenuWorks has committed to an initial $150,000 capital investment to fund improvements to the Center's food, beverage and bar services capabilities per the Village's approval. a The initial investment will be paid back to VenuWorks over a ten-year period in $15,000 annual increments. • VeniiWorks will be entitled to a 15 percent commission on gross food and beverage sales annually for amounts that exceed $90,000, the traditional amount of gross food and beverage sales at the Center. • Programming and Marketing o VenuWorks will be responsible for programming in both the Center and North Theaters and will manage the facility calendar and oversee the agreements with resident companies Music Theater Works and Northlight Theater, as well as any rental agreements. o The established programming approval process will continue utilizing the Performing Arts Center Board to preview and provide input on potential artists. o VenuWorks will conduct all facility marketing with an onsite marketing professional with knowledge of the Chicago market. o VenuWorks will provide support to the Performing Arts Center Board and the North Shore Center for the Performing Arts Foundation. • Staffing o VenuWorks has committed to making its best effort to retain all existing Center staff by offering competitive salary and benefits packages. • Transition o VenuWorks principals are already in contact with PFM management staff and are committed to working closely with them on the transition. Specific transition work reiated to staff recruitment, ticketing system data exchange and more will begin upon initial approval from the Village Board in advance of the actual agreement inception date to ensure a smooth transition. • Oversight o The Village Manager will continue oversight of the agreement and VenuWorks performance. VenuWorks principals will be present at the Village Board meeting along with Village staff to provide additional information as requested. C: Nick Wyatt, Assistant Village Manager Michael Lorge, Corporation Counsel Mike Aleksic, Assistant Finance Director Doc #597781  MML 5/16/22 Manager's Report THIS RESOLUTION MAY BE CITED AS VILLAGE RESOLUTION 22-5-R- A RESOLUTION APPROVING AND AUTHORIZING MANAGEMENT AND PROGRAMMING AGREEMENT WITH VENUWORKS AT THE NORTH SHORE CENTER FOR THE PERFORMING ARTS 1 WHEREAS, in late fall 2021, the Village of Skokie (hereinafter "Skokie") received notice 2 that Professional Facilities Management, the North Shore Center for the Performing Arts in Skokie 3 (hereinafter "Center") facility management and programming firm since 1996, was reducing the 4 scope of its corporate operations and would not renew their agreement after its spring 2022 5 expiration; and 6 WHEREAS, following a five-month process to secure a qualified, experienced firm for 7 faciiity management and programming, VenuWorks (hereinafter "VenuWorks") enthusiastically 8 responded and was the most qualified firm to respond; and 9 WHEREAS, VenuWorks is a firm based in Ames, !owa, that provides facilities to management services to nearly 40 venues across the country. VenuWorks was founded in 1996, n and their closest dient is the Rialto Square Theater in Joliet, Illinois. The types of facilities 12 VenuWorks manages ranges from performing arts venues to sporting arenas and 13 conference/exhibition centers, and many of the performing arts venues also contract with 14 VenuWorks for programming services; and 15 WHEREAS, after several months of negotiations, Skokie and VenuWorks are now ready 16 to enter into an agreement for the facility management at the Center. Terms of this agreement 17 include: 18 19 - Initial five-year term commencing on July 1, 2022. 20 Out for convenience for both parties at the three-year point, with 180-day notice. 21 Two five-year extension options by mutual agreement 22 23 - The FY23 fee is $180,000, with an annual CPI escalator not to exceed three percent (3%). 24 VenuWorks will be eligible to receive an annual incentive fee for reducing the annual 25 operating subsidy required from Skokie for the Center. 26 27 - VenuWorks has committed to an initial $150,000 capital investment to fund improvements 28 to the Center's food, beverage and bar services capabilities per Skokie's approval. 29 - The initial investment will be paid back to VenuWorks over a ten-year 30 period in $15,000 annual increments. 31 • VenuWorks will be entitled to a 15 percent commission on gross food and 32 beverage sales annually for amounts that exceed $90,000, the traditional 33 amount of gross food and beverage sales at the Center; and 34 Page 1 of 84 VOSDOCS-#597748-v1- Resolution_Approving_VenuWorks_Management_&_Programming_Agreement_North_Shore_Center_for_the_Performing_Arts 1 WHEREAS, the Village Manager will continue oversight of the agreement and VenuWorks 2 performance; and 3 WHEREAS, the Village Manager recommended to the Mayor and Board of Trustees that the 4 Management and Programming Agreement with VenuWorks for North Shore Center for the 5 Performing Arts, be approved substantially in the form attached hereto and marked as Exhibit "1", 6 subject to changes approved by the Village Manager or designee and the Corporation Counsel of 7 the Village of Skokie; 8 NOW, THEREFORE, BE IT RESOLVED by the Mayor and Board of Trustees of the Village 9 of Skokie, Cook County, illinois that the Management and Programming Agreement with 10 VenuWorks for North Shore Center for the Performing Arts, a copy of which is attached hereto and n marked Exhibit "1", or subject to changes approved by the Corporation Counsel and Village 12 Manager or designee, be and the same is hereby approved. 13 BE IT FURTHER RESOLVED by the Mayor and Board of Trustees of the Village of Skokie, 14 Cook County, iliinois that the Village Manager is hereby authorized to execute the Management and 15 Programming Agreement with VenuWorks for North Shore Center for the Performing Arts, a copy of 16 which is attached hereto and marked Exhibit "1", subject to changes approved by the Corporation 17 Counsel and Village Manager or designee. PASSED this day of May, 2022. Ayes: Nays: Village Clerk Absent: Approved by me this day of Attest: May, 2022. Village Clerk Mayor, Village of Skokie Page 2 of 84 VOSDOCS-#597748-v1- Resolution_Approving_VenuWo[ks_Management_&_Programming_Agreement_North_Shore_Center_forJhe_Performing_Arts  Exhibit 1 VenuWorRs Management and Programming Agreement for North Shore Center for the Performing Arts This MANAGEMENT AGREEMENT (hereinaHer "Agreement'), entered into this first day of July 2022, by and behween the Village of Skokie> an Illinois municipal corporation, 5127 Oakton Street, Skokie, It 60077 (hereinafter "SKOKIE") and VenuWorRs of SkokJe. LLC, an Iowa limited Habifity corporation, 1615 Golden Aspen Drive, Suite 107, Ames, IA 50010 (hereinafter "VENUWORKS") (hereinafter collectively "Parties"). WHEREAS, SKOKIE is the owner of a performing arts building with two theaters organized as and known as the North Shore Center for the Performing Arts. (hereinafter "Facility"); and WHEREAS, VENUWORKS is in the business of providing management, programming, operations and marketing services to similar facilities, and possesses the knowledge and expertise to manage and market the Fadtify; and WHEREAS, VENUWORKS is a wholEy owned subsidiary ofVenuWorks, inc. (hereinafter "VWI"), and enjoys the benefits of a services contract with VWI (A copy of which is attached hereto as Exhibit T") for ongoing support, guidance and consultation to be provided to VENUWORKS by VWI in the cotnpletion ofVENUWORKS' responsibi lilies to SKOKIE as defined herein, and; WHEREAS, SKOKIE is desirous of having VENUWORKS provide management, programming, operations, and marketing services, and VENUWORKS desires to accept such engagement on the terms and conditions set forth herein. NOW, THEREFORE, in consideration of the mutual promises contained herein and other consideratk>n the sufficiency of which is hereby acknowledged, the Parties hereto agree as follows: 597618 VOSVENUWORKSNSCPAMMLVER 6 FtNAL EXECUTION V6R 6-12-22 1 |Pag 8 Page 3 of 84 VOSDOCS.#597748-v1" Resoiution_Approving_VenuWorks_l\/Ianagement_&_Programming^greement_North_Shore_Center_forJhe_Performing_Arts  ARTICLE ONE RETENTION OF VENUWORKS SKOKIE hereby retains VENUWORKS as an independent contractor for the purpose of performing the services described in this Agreement. Subject to the terms and coroJitions set forth herein, VENUWORKS agrees to provide management, programming, operations. and marketing services in accordance with this Agreement, and consistent with policies approved by SKOKIE. VENUWORKS agrees to use its best efforts to maximize revenues generated from the Facdtty, including, \A/ittx)ut limitation, marketing and saies and event production and promotion and otherwise managing the Facility in accordance with this Agreement. In providing these services VENUWORKS shall manage the Facility in accordance with sound business practices. industry standards and direction from SKOKIE. The Parties to this Agreement acknowledge that SKOKIE shall retain title and ownership of the Facility and that VENUWORKS shall not acquire title to, any security interest in, or any rights of any kind in or to the Facility (or any income, receipts, or revenues there from) and shall not pledge, encumber or put at risk the title and ownership of the Facility. Any mark on title or ownership of the Facility directiy or indirectly from actfons of VENUWORKS shall be cured by VENUWORKS at its expense. Notwithstanding the provisions of this Article, and as more fuliy set forth in Article 3.2, SKOKtE shail retain its authonty to direct the postponement or cancelation of an event due to exigent circumstances and safety concerns including if demonstrated in good faith a decision to temporarily close the Facility to resolve the circumstances or safety matter. ARTICLE 2 COMMENCEMENT DATE AND TERM This Agreement shall be for a term of five (5) years, commencing on July 1 , 2022 (hereinafter "Commencement Date") and expiring on June 30, 2027 (hereinafter Term"). The Term of this Agreement may be extended, by the mutual agreement of the Parties. for two five-year extensions, unless terminated earlier as set forth herein. ARTICLE 3 MANAGEMENT AGREEMENT 3.1 PTQVision of Services. During the term and any renewal term of this Agreement, VENUWORKS sha!l provkle the services set forth in this Article 3. 3.2 Grant to VENUWORKS. During the term of this Agreement, SKOKIE grants to VENUWORKS the right to manage, program, operate, market, and maintain the Facility, 597618 VOS VENUWORKS NSCPA MML VER 6 FINAL EXECUTION VER 5.12.22 2 | P 3 Q 6 Page 4 of 84 VOSDOCS-#597748-v1- Resolution_Approving_VenuWorks_Management_&_Programming_Agreement_North_Shore_Center_for_the_Performing_Arts  including food and beverage sates, sponsorship sales and advertising at the Facility. VENUWORKS shall seek consultation with SKOKIE, including advance discussbns and approval of any significant changes or innovations to the Facility building interior or exterior. or its operatbns concerning progratnming. inckjding the Performing Arts Center Board (hereinafter TACB") or its successor as klentified by SKOKIE. The proceeds of all sates resulting from any changes or innovations shatl accrue to SKOKIE. 3.3 VENUWORKS1 Responsibilities. During the Term of the Agreement. VENUWORKS shail assume management responsibilities as set forth below and pursuant to Article 3.2. Where VENUWORKS is required to direct or arrange for services or material, VENUWORKS shall employ a!) persons performing such services or shati conlract with a third party for the performance of services. The following are representative and antrcipated services which VENUWORKS shall provide notwithstanding other services that may be required to fulfi!) Hs obligations under ttiis Agreement. 3 3.1 Marketing and Promotion. VENUWORKS shall direct all marketing activities which shall be undertaken so as to maximize the use of the Facility by all persons, including independent promoters and Affiliates of VENUWORKS so as to provide maximum Revenue, as defined in Paragraph 3.3.14 below for the Facility and accessibility for the community to the Facility. VENUWORKS shail be responsible for ensuring that appropriate programs are booked into the Facility and that suitable media coverage is obtained and shall coordinate such efforts with SKOKIE pursuant to Article 3.2. VENUWORKS shall market and promote the FadiEty in multiple markets and shall include a large variety of programming and events throughout the North Shore and Chicago markets to effectively target ticket buyers. Marketing shall include, but not be limited to print, radio, internet, social media such as Facebook, TV-cable, online targeting and retargeting. 3.3.2 Scheduling. VENUWORKS shall develop and maintain all schedules for events hekl at the Facility and scheduling shall be accomplished in accordance with applicable law, and in a manner to maximize the use of the Facility so as to provide maximum Revenue for the Facility and accessibility for the community to the Facility. VENUWORKS shall use an event rental agreement acceptable in form to SKOKIE. The parties understand and agree that VENUWORKS shall be empowered to negotiate event agreements as SKOKIE'S agent, subject to SKOKIE'S reasonable approval. VENUWORKS may deviate from standard rental rates when such negotiation is deemed by the Parties to be in the best interests of the Facility. 3.3.3 Programming. VENUWORKS shall identify and gather information on potentja! touring acts, evaluate touring histories, prepare indh/idua! event budgets, and subject to SKOKIE's review and approval, select at teast 12 Center Theater presentations 597618 VOSV£HUWQFa<SNSC!;'AW?tLVER 6 FINAL EXECUTICMVERM2.22 3j P ags Page 5 of 84 VOS DOCS-#597748-v1 - Resolution_Approving_VenuWorks_l\/lanagemenL^Programming_Agreement_North_Shore_Center_for_the_Performing_Arts  which shall comprise approximately 20 performances annually. VENUWORKS shall provide SKOKIE monthly with a report of mainstage events that it is pursuing. (This report shall be similar to Exhibit "B" attached hereto and incorporated by reference.) It is SKOKIE's intention lo rely on the expertise ofVENUWORKS to identify, assess and obtain programming that is appropriate for the Facility and the SKOKIE community. The PACB shall have the right to veto programming recommendations made by VENUWORKS staff. Actton by the PACB may occur at regularly scheduled PACB meetings, or wa email when notification of a potential event is emailed to PACB members. On receipt of such emails, PABC members shall have just 48 hours to respond, due to the extremely dynamic nature of booking entertainment events. Should PACB reject or decline any of the programming proposed by VENUWORKS, then VENUWORKS may with the approval by SKOKIE, choose to rent the Facility and present the event at its own risk, Following approval from the PACB, VENUWORKS shall submit offers to agencies, negotiate terms and execute contracts. Upon request by SKOK!E, VENUWORKS shall make available at! contracts and supporting ctocuments for any and all programming at the Facility within five (5) business days of the request. VENUWORKS shall set tictot prices for presentations, including estabtishment of discount and complimentary ticket poticies, if any. In addition, VENUWORKS shall book and administer the Youlheatre Series at the Facility, the same methods as the mainstage presentations set forth above. VENUWORKS as part of its planning and budgeting, shall use its best efforts to secure sponsorships to help support programming efforts for performances in each season and al! performance opportunities, VENUWORKS shall provide to SKOKIE as part of te annual budget an estimate of sponsorships and grants for the coming season. V6NUWORKS shaft include sponsorship revenues in its monthly reports as described in Section 4.4 herein. VENUWORKS shall continue to brand the Facility consistent with its current branding and programming and shall not change the branding without consulting with and obtaining the approval of SKOKiE in writing and in advance of such changes. VENUWORKS shall comply with and administer the agreements with current and future theater resident tenants including but not limited to Music Theater Works and Northiight Theatre. VENUWORKS shall comply with and fulfill a!) requirements of the agreements including managing the Facility calendar, managing the revenues from box office receipts and all other provisions within VENUWORKS authority and responsibilities, (See the agreements for Music Theater Works and Northtight Theatre attached hereto and incorporated by reference as Bchibfts "D" and "E" 597S18 VOS VENUWOftKS MSCPA MML VER 8 FINAL EXECUTtON VER S.12.22 4 | P a g e Page 6 of 84 VOSDOCS-#597748-v1 - Resolution_Approving_VenuWorRs_lVianagement_&^Programming_Agreement_North_Shore_Center_for_the_Performing_Arts  respectively.) V6NUWORKS shall prepare and present to the Village an annual programming budget in a format similar to Exhibit "C" attached hereto and incorporated by reference. On a monthly basis, VENUWORKS shall produce a financial summary that mirrors the format presented, reflecting the actual results of programming efforts. for the Mainstage and Youtheafre. On an annual basis, in conjunction with the Facility audit, the auditors shall also review financial data supporting the programming results and provide the Village with a separate and combined report of year-end results from operating and programming based on the programming presented, grants and conlributions received, and overhead expenses incurred as outlined h the Budget. 3.3.4 Food & Beverage / Concessions. VENUWORKS shall be responsibfe for providing top quality food and beverage services at the Facility, providing a menu of products and efficient patron service, consistent with the qualrty expected by SKOKIE. VENUWORKS shall include itfflnized food/beverage revenues and expenses in monthEy reports, as described in Sectton 4.4 herein. Any changes to the food and beverage service equipment and location of deliver/ within the Facility shall be approved by SKOKIE in advance. VENUWORKS shall comply with alf applicabie Village health and sanitatton code requirements. 3.3.5 Facility Maintenance. VENUWORKS shall perform ail routine maintenance work, the expense of which shall be considered an Operating Expense as described in Exhibit A. VENUWORKS shall carry out work required by SKOKiE which shall be limited to ordinary maintenance and repairs whfch do not exceed a total annual expense of $25,000 or increase the value or extend the life of an asset at the Facility. 3.3.6 Custodial and Cleaning Services, VENUWORKS shall provide or cause to be provided ati routine cleaning and janitorial services al the Facility, the expense of which shall be considered an Operating Expense as described in Exhibit A. 3.3.7 Pest Control. VENUWORKS shall direct all necessary pest contra! services, whether performed by VENUWORKS or a pest control service engaged by VENUWORKS, the expense of which shal! be considered an Operating Expense as described in Exhibit A. 3.3.8 Snow Removal. VENUWORKS shail direct all snow removal services on the east parking lot, pathways and sidewalks adjacent to the Faciiity, the expense of which shall be considered an Operating Expense as described in Exhibit A. 5S7618 VOS VENUWORKS NSCPA WWL VER 6 FiNAL EXECUTION VER 5-12.22 S | Pa g e Page 7 of 84 VOSDOCS-#597748-v1- ResolutionApproving_VenuWorks_Management_&_Programming_Agreement_North_Shore_Center_for_the_Performing_Arts  3.3.9 TrashJ^emoya!. VENUWORKS shall direct removal of all trash from the Facitity and agrees that it shall not permit any emptoyee, concessionaire, or caterer to place refuse outside the buildings on the Fadtity. except in designated trash containers, the location of which shall be approved by SKOKfE. 3.3.10 Operationai Services. VENUWORKS shali direct alt services required to stage (set up and tear down) the Facility for each event, including but not limited to. services involving the stage area, sound system, lighting system, stage rigging^ dressing area, stage equipment, loading in and loading out. VENUWORKS shall hire and manage ati management staff, ticket sales personnel, ushers and other personnel required for the operation of the Facility, including but not limited to, ticket taking, novelty sales, program distributions and assistance to patrons generally, including people with disabilities. 3.3.11 Ticket Sales, VENUWORKS shall direct all aspects of ticket sales for events and activities inciuding computerized tickets, utifizing its national contract with Ticketmaster to provide state of the art equipment and software to the Facility at no cost to the VILLAGE. VENUWORKS shall arrange a Licensed User Agreement with Ticketmaster exciusivety for the Facility. Ticket sales services shall include ordering, selling, and accounting for tickets, reporting ticket revenues for a given event for each user of the Facility, cash, check, and credit card processing, complete auditing, and accounting for each event, and provkling an accounting of the event income and expenses within ten days after each event is held. The per ticket amounts charged by Ticketmaster to the Facility, often call "Inside Charges', shall be an operating expense of the FaciSity as defined in Exhibit A. VENUWORKS. in consultation with SKOKIE, shall set unique customer service charges consistent with past practice at the Facility. VENUWORKS shall continue the "Skokle Rush" program for day-of ticket purchases by Skokie resktents. Service charge revenues shall accrue to the Facility. Ticketing revenues and expenses shall be reported in the monthly financial reports as described !n Section 4.4 herein. 3.3.12 Secunty. VENUWORKS shall arrange for proper security for events at the Facility and for general security when events are not in progress. Such security may be provided by VENUWORKS or by contract, in its discretion. VENUWORKS shall review and coordinate exterior crowd management and traffic control with appropriate local authorities. 3 3.13 Licenses and Permits. VENUWORKS shall obtain and maintain all Iteenses and permits necessary for management and operation of the Facility, subject to the local procedures for the granting of such Ircenses and permits. 597618 VOSVENUWORKSNSCPAMWELVER 6 FINAL EXECUTION VER 5-12.22 6| Pa g Q Page 8 of 84 VOS DOCS-#597748-v 1 - Resolution_Approving_VenuWori<s_Management_&_Programming_Agreement_North^Shore_Center_for_the_Performing_Arts  3.3.14 Revenue^LBsLnk Accotjnts and Payment of Operattna Expenses. VENUWORKS shall be responsibte for the collection of all Revenues and payment of Operating Expenses, as defined in, including payment and remittance of applicable sales taxes. As used herein, "Revenue" is defined as the total amount received by VENUWORKS or any other person or entity operating on VENUWORKS' behalf from third parties, directly or indirectly arising out of or connected with and on behaif of the Facility, including without lirnstation, transactions for cash, credit and credit card sales, less applicable sales taxes. VENUWORKS, in cooperatbn with SKOKIE, shal establish two separate commercial bank accounts. These accounts shali be in the name of VENUWORKS and utilize VENUWORKS' federal identification number, Signatories shall include those individuals as deemed appropriate by VENUWORKS and SKOKIE. The names of the commercial accounts shall be the Operating Account and the Box Office Account. Revenues from the sale of tickets to events at the Facility shall be deposited by VENUWORKS in the Box Office Account. After payment from such ticket sates Revenues of all event-related expenses, and within tv/enty-four hours after the end of the event, VENUWORKS shall transfer the remaining event ticket sales Revenues to the Operating Account. Ai! other Revenues generated by use of the Facility and collected by VENUWORKS shall be deposited in the Operating Account. VENUWORKS is authorized to make disbursements from the Box Office Account to promoters or performers in any amount due the theater resident tenants, performer or promoter as per contracts with them, and to pay budgeted Operating Expenses from the Operating Account SKOKIE shalf be authorized at any time, to obtain information and records from the bank concerning such accounts and to inspect the same. It shall be an Event of Default, as defined below, entitling SKOKIE to terminate this Agreement, if VENUWORKS withdraws any money from the Operating Account or the Box Office Account except in accordance with this Agreement. Interest accrued in these accounts shall be revenue to the Facility and belong to SKOKIE. 3.3.15 Petty Cash and Change Funds: VENUWORKS and SKOKfE agree that any and all petty cash and change funds shafi bebng to the SKOKiE. These funds shall be returned to the SKOKIE at the end of the Term. 3.3.16 Cash Discrepancies: VENUWORKS shall be responsible for any cash discrepancies resulting from errors made in making change at cash sale points. 3 3 17 Staffing; VENUWORKS shall be responsible for supervision and direction of ati personnel staffing at (he Faciiity. Ail Facility staff shall be in the employment of VENUWORKS. A!l expenses associated with frie employment of staff shall be considered operating expenses of the Facility. Pre-employment and relocation 597618 VOSVENUWORKSHSCPA»i?ILWR 6 RNAL EXECUTION VERS-12.22 7 j P at) Q Page 9 of 84 VOSDOCS-#597748-v1- Resolution_Approving_VenuWorks_Management_&_Programmfng_Agreement_North_Shore_Center_for_the_Performing_Arts  expenses must be pre-approved by SKOKfE. SKOKiE has the right to participate in the recruitment, interviewing and hiring of the Executive Director of the FadSity, including the creation of a recruiting task force to work with VENUWORKS in tho hiring process. Any mdivklual being conskjered for the position of Executtve Director shall be approved by the SKOKIE Village Manager prior to any position being offered or negotiated with the candklate. VENUWORKS shall determine staffing needs to provide programming services but shall at all times include at least one full-time positun at the Facility who is primarily dedicated to programming, and who possesses knowledge of the Chicago and suburban Chicago markets. VENUWORKS employees shaff report to VENUWORKS' on-site Executive Director, with oversight from VENUWORKS corporate personnel. 3.3.18 Additronaf Duties, VENUWORKS shall be required to provide, on a timely basis, information, data reports, and proposed solutions to repairs and other issues as may bs reasonably requested by SKOKiE, together with such other services consistent herewith as SKOKIE may reasonably require. Should VENUWORKS become aware of or receives notice of a deficiency, disrepair, broken condition of the parking lots or parking garage, regardless of ownership, it shall report the matter to the appropriate owner of the property within 48 hours. 3.3.19 Use of SKOKiE Equipment. VENUWORKS sha!l use equipment at the Facility in performance of its obligations and shall confirm that the operator ss properly trained in the safe use of the equipment. SKOKIE and VENUWORKS shall conduct an inventory of Facility equipment to be used by VENUWORKS during this Agreement SKOKIE stipulates that as of the last inspectton by SKOKIE staff, the Facility is in compliance with at! building, fire and safety codes. Notwithstanding the provision above, any damage to SKOKIE equipment due to negligence by VENUWORKS staff, employees or its authorized users shall be the responsibility of VW) to repair or replace. 3.4 Written Powers Reserved to SKOKIE. In addition to other provisions of the Agreement, SKOKIE shaii have right of prior written approval in connection with the following: (a) The Annual Budget; and (b) The Business Ptan, as defined below; and (c) Any expenditure for personnel or equipment in excess of budget; and (d) Any booking of events involving risk of SKOKIE funds; and (e) Physical changes to the Facility, including but not limited to seating, staging, food services and lobby design or furnishing. S97618VOSVENUWORKSHSCPAMMLWR8PINALEXECUnCT)VERS.1;-22 8| P3Q 6 Page 10 of 84 VOSDOCS-#597748-v1- Resolution_Approving_VenuWorks_lVfanagement_&_Programming_Agreement_North_Shore_Center_for_the_Perfonning_Arts  As used herein the phrase "SKOKIE approval" shall mean approval by the SKOKIE Vijfage Board, the Performing Arts Center Board or the SKOK1E Village Manager's office, whichever is designated and authorized to grant each approval by the SKOKIE Village Board, 3.5 Relationship of Parties, VENUWORKS is an independent contractor of SKOKIE and shat! not be deemed to be an employee, joint venture, or partner of SKOKIE except for those matters which are specificaily addressed in this Agreement 3.6 Business Plan. Within sixty (60) days after the date of this Agreement, VENUWORKS shal! submit to SKOKIE a complete and updated business plan for the fiscal year ending June 30, 2023 (hereinafter "Business Plan") to be adopted by SKOKIE and followed by VENUWORKS. The Business Ptan shall be subject to the prior written approva! of SKOKIE. The Business Plan shall be a marketing plan and a projection of Revenues and Operating Expenses for the year and shall include an analysis of the basis and assumptions underlying each line stem of Revenues and Operating Expenses. VENUWORKS shail submit a Business Plan on an annual basis and shaii deliver the same to SKOKIE contemporaneously with the delivery of the Annual Budget. The Business Plan shall in no way become a performance obligatkm for either SKOKIE or VENUWORKS but serve as a management blueprint to monitor VENUWORKS' performance. 3.7 Relationship with SKOKIE. VENUWORKS shall provide ali of its Management Services n a manner which shall ensure full compliance with all SKOKIE requirements. ARTICLE 4 ANNUAL BUDGET 4.1 DeiiyeryofBudsst No later than February 1 of each year or as otherwise requested by SKOKIE, VENUWORKS shall submit to SKOKIE Village Manager a proposed annual operating budget for the ensuing year, listing all projected Revenues and Operating Expenses by category, broken down by month, with explanations and assumptions for each Revenue and Operating Expense line item. The proposed annua! budget shail include a proposed rental and fee schedule for events proposed to take place in the Facility for the ensuing year. 4.2 Review of Budget. The proposed annual budget shall be submitted to the Performing Arts Center Board for its review after it is reviewed and approved by the SKOKIE Village Manager no later than March 1 each year. Upon approval by SKOKIE, the proposed annual budget shall become the final annual budget (hereinafter "Annuai Budget") for the year. If SKOKIE objects to the proposed Annual Budget or any part thereof. VENUWORKS 687S18 VOS VENUWORKS NSCPA MML VER G FINAL EXeCUTtON VES 6.12.22 9 | P a g e Page 11 of 84 VOSDOCS-#597748-v1 - Resolution_Approving_VenuWorks_Management_&_Programming_Agreement_North_Shore_Center_for_the_Perfofming_Arts  shall be obligated to promptly respond to each such objectton and revise the proposed Annual Budget. 4.3 Revision of Annual Budget. VENUWORKS and SKOKIE may revise the Annual Budget at any time by written direction from the SKOKIE Viffage Manager. 4.4 Certifed Statements, VENUWORKS shall defiver to SKOKIE. within twenty-five (25) days after the end of each calendar month and within forty-five (45) days after the end of each fiscal year, a true and correct statement, certified as true and correct by VENUWORKS' Facility Executive Director and VENUWORKS' Chief Financial Officer, of all Revenues and Operating Expenses of the preceding calendar month and fiscal year, together with any reasonable supporting documentation requested by SKOKtE. VENUWORKS shall provide an accounting of each event held at the Facility in its monthly reports for the preceding calendar month. ARTICLE 5 THE MANAGEMENT FEES 5.1 BaseManagementFee. For each year of the Term of the Agreement, SKOKIE shall pay VENUWORKS a base fee of $15,000 per month (hereinafter "Base Management Fee"). in subsequent years, the Base Management Fee shall be increased by a percentage equal to the increase in the Chicago Area Consumer Price Index for the previous year. Annual increases in the Base Management Fee shall nol exceed three percent (3%). Payments for the Base Management Fee shat) be due to VENUWORKS by the fifteenth (15) day of each month for which the Management Fee is earned. 5.2 Capita! Investment to improve Food and Beveraae Services. On or before September 1. 2022, VENUWORKS shal! provide $150.000 to fund improvements lo the Facility's food, beverage, and bar ser/ices capabilities. Any changes to the FacJHty shall require the approval of the SKOKIE. VENUWORKS shall obtain approval from SKOKIE for any expansion or change to the food service menu, kitchen or serving area. The Parties are interested in the expansion of the food service program at the Facility and the reduction of the wait time for purchasing food and drinks consistent with the d6cor and image of the Facility. The VENUWORKS investment shall be in the form of an interest- free loan, amortized over ten years, with payment to VENUWORKS of $15,000 annually from the Operating Account realized from increased food and beverage sales revenues. 5fl7618VOSVENUWORKSNSCPAMMLWR6FINALEXECUTtONWRS.12.22 10 | P 3 g 3 Page 12 of 84 VOSDOCS-#597748-v1- Resolution_Approving_VenuWori<s_Management_&_Programming_Agreement_North_Shore_Center_for_the^Performing_Arts  5.3 Food and Beverage Commission. VENUWORKS shall receive a commission equal to frfteen percent (15%) of gross food and beverage sales, said commission to be paid monthly in the month following the month in which the commission was earned. The commission shall be paid on gross annual sales in excess of $90,000, which is the amount of gross annual sales that the Center has traditionally sold. 5.4 Subsidy Reductton Incentive Fee. VENUWORKS shai) be eligible lo receive an annual incentive fee for reducing the annual subskly required from SKOKIE for the operation of the Facility. SKOK1E shall continue to budget an annual subsidy as needed to provide for the operation and programming of the Facility according to the annual budget developed by VENUWORKS and approved by SKOKiE. Each fiscal year, VENUWORKS shall have the opportunity to earn an incentive fee by reducing the actual subsidy required to an amount be!ow $150,000, according lo the following formula: The 'Net Subsidy' amount shaii be calculated by subtracting the actual subsidy provided from any year-end surpius, In any year where the Net Subsidy is over $150,000, there shall be no incentive fee. !n any year that the Net Subsidy is more than $75,000 but less than or equal to $150,000, the incentive shai) be fifteen percent (15%) of $150,000 minus Net Subsidy. In any year that the Net Subsidy Is less than $75,000 but more than $0. the incentive amount shait be hA/enty-five percent (25%) of $150,000 minus Net Subsidy. In any year that the Net Subsidy is $0, the incentive amount shail be $52,500. Table bolow demonstrates this formula: NetS_yb_s_idy_ S ubsjdy Red u ctipn Foe Formula $150,001 or higher $100.000 or less 0% $75.001 to $150,000 $100.000 to $175,000 15% ($150K- net subsidy) x 15% $1 to $75.000 S175.000 to $250,000 25% ($150K- net subsidy) x 25% $0 No subsidy 35% $52,500 The Subsidy Reduction Incentive Fee sha!) be paki within thirty days after SKOKIE receives the Annual Financial Report from VENUWORKS, ARTICLE 6 PAYMENT OF MANAGEMENT FEES. AND OPERATING EXPENSES 6.1 Deposit of Funds. On the first business day of each quarter during the Term and any renewal Term of this Agreement, SKOKfE shat! deposit the following sums into the Facility Operating Account: (a) an amount equal to the estimated deficit, if any, as defined beiow, for such quarter as set forth in the Annual Budget; and B97618 VOS VENUWORKS HSCPA MMt. VER 6 FiNAL EXECUTION VER 5-12-22 11 | P a g 9 Page 13 of 84 VOSDOCS-#597748-v1- Resolution_Approving_VenuWorRs_Management_&_Programming_Agreement_North_Shore_Center_for_the_Performing_Arts  (b) the Management Fee payable wth respect to the current calendar month. 6.2 Management Fees. Payments from the Operating Account for the Base Management Fee shall be due to VENUWORKS by the 15th day of each month for which the Base Management Fee is earned. Payment of Food and Beverage Commissions from Ihe Operating Account sha!! be payable to VENUWORKS within thirty (30) days of the dose of the month in which the Commissions were earned. The Subsidy Reduction Incentive Fee shall be paid within thirty days after SKOKIE receives the Annual Financial Report from VENUWORKS. 6.3 Insufficient Funds, in the event that the SKOKIE Operating Account is insufficient to cover the Operating Expenses plus the Management Fee tf any, due and payable during a quarter (hereafter "Quarterly Deficiency"), then the Quarterly Deficiency shatl be paki by SKOKIE into the Facility Operating Account not later than five (5) working days after SKOWS receipt of the Quarteriy Statement. If the amounts deposited by SKOKIE in SKOKIE Operating Account exceeded the amounts required to pay the Operating Expenses plus ttie Fees in any month such positive balance shall be credited against SKOKIE'S obligation to make future deposits into the SKOKIE Operating Account In no event shall VENUWORKS be responsible for. or advance funding of operating expenses due to insufficient hjnds. 6.4 Monthly Meetinos, Representatives ofVENUWORKS' on-site management and the SKOKIE shall meet each month to review revenues and operating expenses for the prbr calendar month. VENUWORKS corporate representatives shall meet quarterly with SKOKIE. either in person or via remote video conferencing, to monitor performance and discuss operations, as well as operating revenue and expenses 59761&VOSVEMUWORKS MSCPA NSML VER 6 FINAL EXECUTION VERS-12-22 12 | P ag 0 Page 14 of 84 VOSDOCS-#597748-v1- Resolution_Approving^VenuWorks^Managemen^&^Programming^Agreement_North_Shore_Center_for_the_Performing_Arts  ARTICLE 7 GENERAL TERMS AND CONDITIONS 7.1 Representation of SKOKIE. SKOKIE hereby represents and warrants to VENUWORKS, as an inducement to VENUWORKS entering into this Agreement; (1) that it is SKOKIE'S intent that the Facility shall be permitted to be open to ttie paying pubtfc on a daify basis in a manner consistent with industry practices subject to ArticEes 1 and 3.4 ; (2) that the SKOKIE Village Board has sufficient authority to enter into this Agreement; (3) that SKOKIE possess the resources and fundraising capabitities to ensure the on-going financial support of the Facility operation; and (4) that the present condition of the Facility is such that all areas and functions as of the last inspection are in compliance with appficabie codes, and at that time passed all building, safety and fire code inspections. 7.2 Representation of VENUWORKS. VENUWORKS hereby represents and warrants to SKOKIE on its own behalf and on behalf of its shareholders, officers, directors, and employees, that VENUWORKS is fully capable of and funded for providing services as outlined in this Agreement. 7,3 Standard of Operation, VENUWORKS represents and warrants lo SKOKIE that it shall maintain an efficient and high-quality operation at the Facility to the satisfaction of SKOKIE 7.4 Accounting Records. Reports and Practices, 7.4.1 Maintain Records, VENUWORKS shall maintain accounting records relating to the Facility using accounting practices in accordance with generally accepted accounting principies consistentiy applied. 7.4.2 Internal Financial Controis. VENUWORKS shall establish intemat financial control poficies and practices which are in accordance with generally accepted standards in the industry and reasonably acceptable to SKOKIE. 7.4.3 SKQKiEAccess. SKOKIE shall have unlimited access to all accounting records and supporting documentation ofVENUWORKS relating to the Facility during the term and any renewal term of this Agreement and for a period of three (3) years thereafter. Such right to access shall be exercised in a reasonable manner. 7.5 Default. Right to Cure. It shall be an event of default (hereinafter "Event of Default") if either Party: (i) fails to pay or deposit sums due by one party to the other within seven (7)days after written notice by the other of such failure, or (ii) fails to perform or comply with S97618VOSVENUWORKSNSCPAMMLVER 6 RNAL EXECUTION VER 5-12-22 13| P ag 8 Page 15 of 84 VOSDOCS-#597748-v1- Resoiution_Approving_VenuWorks_Management_&_Programming_Agreement_North_Shore_Center_for_the_Performing_Arts  any other obligation of such party hereunder within thirty (30) days after written notice by the other of such fai!ure (which notice shall specify, in sufficient detai!, the specific circumstances so as to give the defaulting party adequate notice and the opportunity to cure the same); provided however, that if the default is of a nature that it cannot be cured within thirty (30) days, then the defaulting party shall not be deemed in default hereunder If it commences to cure the default within ten (10) days after the effective date of the notice of such default and diligently proceeds to cure such default within ninety (90) days after the effective date of notice. 7.6 Jynsdictjon. The Parties submit to the jurisdiction of the courts sitting in Cook County with respect to any claim or proceeding arising out of or related to this Agreement, 7.7 Performina Arts Center Board and Perfomning Arts CenteL_Foundation, SKOKtE maintains two (2) commissions to support the Facility known as the Performing Arts Center Board and the Performing Arts Center Foundation as commission of the Village, and VENUWORKS shall support its work and its members, including providing agendas and other material for its meetings, meeting minutes, general supen/ision and meeting summaries. 7.8 Insurance. 7,8.1 Employment Matters. In connection with the emptoyment of its employees, VENUWORKS shall pay all applicable soda! security, re-emptoyment. worker's compensation or other emptoyment taxes or contributions of insurance amj shall compiy with all federal and state laws and regulations relating to employment generaily, minimum wages, social security, re-employment insurance, workers' compensation and employers' liabifily. VENUWORKS shafi indemnify and hold SKOKIE harmless from all costs, expenses, claims or damages resulting from any failure of VENUWORKS to comply with this Section or any related or associated ciaims arising therefrom. 7.8.2 insurance Requirements: 7.8.2.1 Workers Compensaljon and Employers' Liability Insurance: VENUWORKS shall purchase and maintain during this Agreement, workers' compensation insurance in accordance with state statutory requirements and employer's liability insurance with limits of not less than $ 1,000,000 per accident and per empbyee for bodily injury consistent with and in compliance with SKOKiE Standard Insurance (See Exhibit "G" attached hereto and incorporated by reference). 7.8.2.2 General Uabi!ity insurance: VENUWORKS shall purchase and maintain during this Agreement, commercial general liability insurance including liquor liability insurance on a per occurrence basis with limits of liability not less than $1 .000,000 per occurrence / $2,000.000 in aggregate for Bodily Injury, Personal Injury, and Property 697618 VOSVENUWORKSHSCPA!^LV£R$ FINAL EXECUTION VER 5-12-22 14 | Pa 9 3 Page 16 of 84 VOS DOCS-#597748-v1 - Resolution_Approving_VenuWorks_Management_&_Programming_Agreennent_North_Shore_Center_foi-_the_Performing_Arts  Damage. Policy coverage shall include Premises and Operations, Products and Completed Operations consistent with and in compliance with SKOKIE Standard Insurance (See Exhibit "G"). The insurance required by this Agreement shall be written on non- assessable insurance companies licensed to do business as an admitted carrier in the State of Illinois and currently rated "A" or better by the A.M, Best Company. 7.8.2.3 Automobile Liability Insurance: VENUWORKS shall purchase and maintain during this Agreement, automobile liability insurance on a per occurrence basis with either a combined limit of at least $1,000.000 per occurrence for bodity injury and property damage. Coverage shall include any owned, all hired and non-owned motor vehicles used in the performance of this Agreement by VENUWORKS or its employees. The insurance required by this Agreement shall be written on non-assessable insurance companies licensed to do business as an admitted carrier in the State of Illinois and currently rated "A" or better by the A.M. Best Company. 7.8.2.4 Umbrella and Excess liability Insurance: VENUWORKS shall purchase and maintain during this Agreement an umbrella and excess insurance policy on a per occurrence basis with limits of liability of not less than $10 million per occurrence $10 milfion in aggregate. Any umbrella and excess insurance shail be written on a per occurrence basis on a pay on behalf form providing the same coverage and endorsements required of the primary policies. 7.8.2.5 PropertyJnsyrance: SKOKIE shall maintain property insurance coverage on the Facility itself. VENUWORKS shall assume all risks for loss of or damage to its own property al the Facility and VENUWORKS may maintain such insurance, at its sole expense, as it deems necessary to protect its own property. 7.8.2.6 Subcontractors: VENUWORKS shalf require aii its subcontractors who perform work and services under this Agreement to meet appropriate insurance requirements as reasonably required by SKOKiE, induding listing SKOKIE as an additional insured on all subcontractor insurance policies. 7.8.2.7 Deductibles arxt Self-lnsured Retention; Any policy deductibte or self-insured retention must be declared on the Certificate of Insurance and shall be subject to the approval of the SKOKIE. 7.8.2.8 IntentlQnaHv Left Blank: 7.8.2-9 Proof of Insurance: VENUWORKS shall furnish SKOKIE with Certrficates of Insurance and a copy of the policies if requested by SKOKIE. The name of the project or Agreement shail be listed on the certificates of insurance along with any 597618 VOS VENUWORKS HSCPA MML VER 6 FINAL EXECUTION WR 5-12-22 1 5 | P 3 g e Page 17 of 84 VOSDOCS-#597748-v1 - Resolution_Approving^VenuWo!-ks_Management_&_Programming_Agreement_North_Shore_Center_for_the_Performjng_Arts  deductible or self-insured retention. Before commencing any performance under this Agreement, VENUWORKS shall deliver all the Certificates of Insurance to SKOKIE certifying that the pofides stipulated above are in lull force and effect All insurance shall remain in effect during the life of the Agreement. 7.8.3 Lnsy_rance_Cance!lation or Material Change Notce: The certifk^tes of insurance shall state that the insurance company shail provide thirty (30) days written notice prior to cancellations, non-renewa), or material change including reduction of insurance coverage or limits. The notice shall be sent to the SKOKIE, via certified mail. In the absence of the carrier's ability to provide notice of policy cancelfation, VENUWORKS shall be responstole for notifying SKOKIE within two (2) business days after being notified by a carrier of carrier's intent to cancel an insurance polrcy, 7.8.4 Intentionally Left Blank 7.8.5 Cooperation: Each party agrees to cooperate fully with the other in promptly providing such insurance underwriting and other information as may be necessary or appropriate to obtaining and maintaining the insurance described herein. The parties further agree lo cooperate with the insurance companies and agents by responding promptly to their reasonable requests. 7.8.6 Intentionally Left Blank 7.8.7 Crime Insurance. During the term of this Agreement VENUWORKS shal! maintain Crime Insurance, with an insurer acceptable to SKOKIE (such acceptance by SKOKiE not to be unreasonably withheld or delayed), providing at (east the foElowing coverage in at teast the amounts set forth below for each coverage; (a) Employee Dishonesty - $500,000 (b) Depositor's Forgery - $500,000 (c) Money & Securities - $500,000 (each. "Inside" and "Outside") (d) Computer Theft - $500,000 (e) Wire Transfer Fraud - $500,000 provided, however, thai: if such coverage is provided on a "blanket" limit basis, a blanket limit of $500,000 shall be considered to be sufficient to compty with this provision. The policy shall include an endorsement providing that any "employee" of VENUWORKS shall not be deemed to also be an "employee" of SKOKIE for purposes of ths coverage afforded under the Emptoyee Dishonesty coverage part. SKOKIE shall be both a Loss Payee (as its interests may appear) and an Additional insured under such policy, which policy shall be written to apply to the Crime exposures arising under or in connection with this Agreement, and not to any other unrelated Crime S97S16VOSVENUWORKSNSCPAMMtVER6FIHALEXECUTIONVERS.12.22 16 | P a g e Page 18 of 84 VOSDOCS-#597748-v1- Resolution_Approving_VenuWorks_Management_&_Programming_Agreement_North_Shore_Center_for_the_Performing_Arts  exposures incurred by VENUWORKS or SKOKIE under any other similar agreements or otherwise. 7.8.8 Insurance Cost: The cost of providing insurance hereunder shall be an Operating Expense, regardless of which party procures the coverage. 7.8,9 tnsurance Terms. Insurance terms not otherwise defined in this Agreement shall be interpreted consistent with insurance industry usage. 7.8.10 Tort Liability LifTxt Insurance referenced in this Agreement, except Workers Compensation/Empioyers Liability, shall list both VENUWORKS and SKOKIE as named Jnsureds. 7,9 Hold Harmless. To the fullest extent permitted by law, VENUWORKS shall defend, indemnify, and hold harmless SKOKIE, its officers, officials, employees, agents. and volunteers against all injuries, deaths, loss, damage, claims, patent claims, suits, demands, actions, liabilities, judgments, costs and expenses, including but not timited lo, reasonable attorney's fees and court costs which may accrue against SKOK!E, its officers, officials, employees, agents and volunteers, arising out ofVENUWORKS' negligence in the performance of any work relating to the Faciiily and this Agreement. 7.10 Damage to and Destruction of the Facility. If all or part of the Facility is rendered unusabte by damage from fire and other casualty which, in the reasonable opinion of SKOKIE. cannot (re substantially repaired under appticabte laws and governmental regulations within 180 days from the date of such casualty (employing normal construction methods without overtime or other premium), then SKOKiE shai! notify VENUWORKS thereof. In such case. either SKOKIE or VENUWORKS may elect to terminate this Agreement as of the date of such casualty by written notice delivered to the other not more than 60 days after receipt by VENUWORKS of SKOKIE'S notice concerning the reconstruction. Shouki either Party terminate this Agreement pursuant to this Article, all obligations, claims and costs between the Parties shall be terminated and vokj. However, Parties shall fulfjil all their respective contractual and financial obligations to one another, effective to the date of the termination. 7.11 Employees. 7.11.1 Employees of VENUWORKS.Al! persons engaged at the Facility in operating any of the services hereunder shall be the sole and exclusive emptoyees of VENUWORKS and shall be paid byVENUWORKS, except for those individuals employed or utilized by subcontractors of VENUWORKS, as provkfed for in this Agreement but in no event deemed an employee of SKOKIE. Employees working at the Facility shall be offered the opportunity to continue in their positions as VENUWORKS employees for a one hundred 597618 VOSVENUWORKSNSCPAWMLVER 6 RNAL EXECUTION VERS-1Z.Z2 17 ( P a g 8 Page 19 of 84 VOSDOCS-#597748-v1- Resolution_Approving_VenuWorks_Management_&_Programming_Agreement_North_Shore_Center_for_the_Perfonning_Arts  and twenty (120) day evaluation period. At the end of the probation period, employees who have performed satisfactorily shall be offered continued emptoyment in the Facility by VENUWORKS. In connectun with the employment of its employees, VENUWORKS shall pay all applicable social security, reemployment insurance, worker's compensation or other employment taxes or contributtons to insurance plans, and reiirement benefits, and shall comply with all federal and state laws and regulations relating to emptoyment generally, minimum wages, social security, reemployment insurance and worker's compensation, and shall defend, indemnify and save SKOKIE harmless from any responsibiiity therefore. VENUWORKS shall comply with all applicable laws, ordinances and regulations induding, without limstatton, those pertaining to human rights and non-discrimination. Notwithstanding any provision of this Agreement to the contrary, this Agreement may be canceled or terminated by SKOKIE for a violation of this paragraph 7.11.2 Empkivee Expense . All costs of emptoyment as necessary and reasonable for the standard operation of the Facility incurred by VENUWORKS shall be an operating expense of the Facility. SKOKfE and VENUWORKS shall work together to assure a positive and productive working environment at the Facility. 7.11.3 Employee Standards, VENUWORKS shall employ trained and neatly uniformed employees and said employees shall conduct themselves at all times in a proper and respectful manner Any dismissal shaft be in accordance with VENUWORKS' corporate policy and applicable federal, state or tocal iaws which may be in effect and, further, shall be in compliance with applicable union or labor organizational agreements which may be in effect at the time of sakl dismissal and VENUWORKS shall defend, indemnify and save SKOKIE harmless from any claim. cause of action, expense (induding attorneys' fees) tost, cost or damage of any kind or nature arising there from. except In the case of express written direction from SKOKIE. 7.12 Availability of Facility. VENUWORKS agrees that, except as a result of full or partial destruction of the Facility, or closure due to the effects of conditions described as Force Majeure in Section 7.22 herein, the Facility shall be made avaifabfe for alt events scheduled therein and VENUWORKS agrees to defend, indemnify and save SKOKIE harmless from and against any and all claims, causes of action, expenses (including attorneys' fees) losses, costs and damages arising from the failure of the Facility to be available in the condition necessary for the conduct of such events for scheduled events due to the negligence or willful misconduct ofVENUWORKS, its agents, servants, employees or contractors of any tier, and in such case, VENUWORKS shall pay to SKOKIE the estimated Revenues, less Operating Expenses, for such event within five (5) days after the event was to have taken place. 7.13 No Payment by SKOKiE. Notwithstanding anything in this Agreement or exhibits to 697G18 VOS VENUWORKS NSCPA MMi VER 6 FINAL EXECUTfON VER 5-12-22 18 | P 3 QQ Page 20 of 84 VOSDOCS-#597748-v1 - Resolution_Approving_VenuWorks_Management_&_Programming_Agreement_North_Shore_Center_for_the_Performing_Arts  the contrary, SKOKIE shall not be obligated to reimburse VENUWORKS as Operating Expenses or otherwise for costs and expenses (including attorneys, fees) for litigation which is covered by VENUWORKS* defense and indemnffication obiigattons set forth in Sections 7.12 and 7.13 above. 7.14 Termination for Cause. Either Party may terminate this Agreement if the other is in default, and has not met the deadlines for curing, or undertaking steps to cure the default, as described in Section 7.5 of this Agreement. In the event of default, the non-defautting party shall provide the defaulting party with five business days of its intention to terminate the Agreement due to the uncured default. Furthermore, either Party may provide notice to the other Party by December 31 , 2024, of ils intention to terminate the Agreement without cause effective June 30, 2025. This is a one-time option and is offered in the spirit of providing a "safe harbor out" to both Parties. In the event of early termination for any reason, SKOKiE shafl pay to VENUWORKS ail amounts owing hereunder and accrued through the date of termination. 7.15 ComplJancejwjth.Laws. VENUWORKS shall comply with all federal, state and iocal ordinances, statutes, rules and regulations as they relate to the operatun of the Facility. VENUWORKS' failure to comply with such ordinances, statutes, ruEes and regulations relating to the Facifity shall be an Event of Default under this Agreement and shall entitle SKOKIE to terminate this Agreement pursuant to the provisions of Sectk)n 7.5 hereof. VENUWORKS agrees that it shall not be entitled to claim litigation costs (including attorneys'fees) as Operating Expenses pursuant to Subparagraph (DofExhibitAwith regard to its rules and obligation to comply with ordinances, statutes, and regulations as set forth herein. 7.16 Non-waiyer. The failure of either party at any time to enforce a provision of this Agreement shall in no way constitute a waiver of the provision, nor in any way affect the valklity of this Agreement or any part hereof, or the right of such party thereafter to enforce each and every proviskin hereof. 7.17 Amendment. The Parties may amend this Agreement only by written agreement executed by the parties. 7.18 Choice of Law. The laws of the State of lliinois shall govern the rights and obligations of the parties under this Agreement 7.19 Severabilitv. Any provision of tNs Agreement decreed invalid by a rourt of competent jurisdiction shall not invalidate the remaining provisions of this Agreement. 7.20 Notices. Any notice required herein shall be in writing and sha!l be deemed effecth/e 597618 VOSVENUWORKSNSCPAMWLVER 6 RNAL EXECUTION VER 6-12.22 •i9| Pa 0 e Page 21 of 84 VOSDOCS-#597748-v1 - Resolution_Approving_VenuWorks^Management_&_Programnning_Agreement_North_Shore_Center_for_the_Perform!ng_Arts  and received (a) upon personal delivery; (b) five (5) days after deposit in the United States mail, certified mail, return receipt requested, postage prepakl; or (c) one (1) business day after deposit with a national overnight air courier, fees prepaid, to VENUWORKS or SKOKIE at the following addresses: If to SKOKIE: Village Manager and Corporation Counsel Village of SkoRie 5127 Oakton Street Skokie, tl_ 60077 If to VENUWORKS: VenuWorks of Skokie, LLC 1615 Gokien Aspen Road, Suite 107 Amss. IA 50010 Attention: President Eilher party may designate an additional or another representative or address for notices upon giving notice to the other party pursuant io this paragraph. For the purposes of this Agreement, "business day" shall mean a day which is not a Saturday, a Sunday or a legal holiday of the United States of America. 7.21 Representatives. SKOKfE'S representative to VENUWORKS in connection with Facility operations shall be the Performing Arts Center Board or another person or entity as appointed and designated by the SKOKiE Village Manager as its designee, and the VENUWORKS representative shal! be VENUWORKS1 on-site Executive Director at the Facility. 7-22 Force Majeure, Neither party shall be obiigated to perform hereunder, and neither shall be deemed to be in default, if performance is prevented by fire, earthquake, flood, act of God, riot, civil commotion of other matter or condttion of like nature, including the unava liability of sufficient fuel or energy to operate the Facility, or any law, ordinance, rule. regulation or order of any public or military authority stemming from the existence of economic controls, rtot, hostilities, war or governmental law and regulations. 7.23 Labor Dispute. In the event of a labor dispute which results in a strike, picket or boycott affecting the Facility or the services described in this Agreement, VENUWORKS shall not be deemed to be in default or to have breached any part of this Agreement. 7.24 Intentionally Left Blank 7.25 Integration. This Agreement and all appendices and exhibit hereto embody the entire 597618 VOS VENUWORKS NSCPA MML VER 6 FINAL EXECUTION VER 5.12.22 20 | P 3 g e Page 22 of 84 VOS DOCS-#597748.v 1 - Resolution_Approving_VenuWorks_Management^&^Programming_Agreement_North_Shore_Center_for_the_Performing_Arts  agreement of the parties relating to the services to be provided hereunder. There are no promises, terms, conditions, or obligations other than those contained herein, and this Agreement shali supersede all previous communications, representations, or agreements, either oral or written, between the parties. Exhibits hereby integrated hereto include • Exhibit A: Operating Expenses • Exhibit B; Sample monthly programming report • Exhibit C: Sample Programming Budget • Exhibit D: Music Theater Works Contract for use of NSCPA • Exhibit E: Nightlight Theatre Contract for use of the NSCPA » Exhibit F: Consulting Agreement between VENUWORKS and VenuWorks, Inc • Exhibit G: Village ofSkokie Standard Insurance Requirements If the terms of this Agreement and any exhibit are inconsistent, the terms of the Agreement shaf! control. Any covenant, term, or provision of this Agreement which, in order to be effective, must sur/ive the terminatiori of this Agreement, shal! survive any such termination. 7.26 Section Headings, Section headings in this Agreement are for convenEence only and shall have no effect on the interpretation of this Agreement. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed on the day and year first above written. For SKOKtE BY: John T. Lockerby DATE Its Village Manager For VENUWORKS By: Steven L. Peters DATE Its: Presdent 5976T8 VOS VENUWORKS NSCPA MNH. VER 8 RNAt EXECUTtOM WR 5-12.22 21 j P 3 g e Page 23 of 84 VOSDOCS-#597748-v1 - Resolution_Approving_VenuWorks_I\/tanagement_&_Programming^Agreement_North_Shore_Center_for_the^erforming^Arts  Exhibit A Exhibit A Operating Expenses The term "Operating Expenses" shalt mean the following and shal! be, in all cases, subject to the Annual Budget: a) On-the-job payroll cost, induding wages paid to employees and the cost of paid holidays, vacatbns, severance benefrts, sick leave and other compensation and benefits; cost of training; payroll processing costs. b) Employer contribution costs in relation to employees carried on the on-the-job payroll mentioned tn the foregoing clause (a), of every nature whatsoever, including but not limited to, social security, reempioyment insurance, benefits for medca! and hospital care, djsabiiity, death, termination, relirement or pension, or insurance or annuity contracts to provide any of the foregoing and all payments, other than those referred to in the foregoing clause (a), required under any coitective bargaining agreement to which VENUWORKS is a party, or under any state or federal law or any regulations promulgated thereunder, c) Cost of medical and security examination for employees on the on-the-job payroll. d) Cost of purchasing, renting. maintaining, and cleaning uniforms. e) Cost of equipment, materials. and supplies, including the cost of installation thereof. f) Cost of insurance, required bonding, permits, licenses and fees. g) Cost of property, business, privilege, sales, and all taxes. h) Cost of marketing, promotions, advertising, and employee travel & training. i) Cost of necessary outside professional services consistent with approved annual budget. j) Cost of the commodities, (i.e,, Foodstuffs purchased for resale to the public); k) CostofLitJlities. I) Litigation expenses or other costs (including attorneys' fees) incurred on behalf of the facility, m) Base management fees. n) Ail costs related to VENUWORKS corporate staff travel, iodging, and supply costs incurred in connection with sen/icing the SKOKIE's needs at location. o) Cost of installation of additional equipment and reptacements thereof, p) Cost of ordinary maintenance and repair of the Facility and Facility equipment up to a maximum of $25,000 annually, and ordinary housekeeping, 5a7ei8VOSVENUWORKSNSCPAMMt.VER8FINALEXeCUTfONVER6.12.22 22 j P ag e Page 24 of 84 VOSDOCS-#597748-v1- ResolutionApproving_VenuWorks_Management_&_Programming_Agreement_North_Shore_Center_for_the_Performing_Arts  Exhibit B PERFORMING ARTS CENTER BOARD - PROGRAMMING PRESENTATION Monday, March 14, 2022 NORTH SHORE CENTER FEATURE SERIES I 2021-22 SEASON Chicago Tap Theatre - Tap Secret! | Jul10 rental Salt Creek Ballet - The Nutcracker | Dec 11 & 12 BoDeans|Jul 30 Kevin Nealon | Jan 16 - cancelled The Robert Gray Band j Sep 17 Patty Griffin | Jan 21 Ma; Jobrani: Things Are Looking Bright Tour | Sep 18 Glordano Dance Chicago | Feb 05 rental Herman's Hermits | Sep 25 - rental Music of the Baroque: The Chevalier | Feb 19 - rental Justin Willman - Magic for Humans | Sep 26 KebMo |Marll An Evening with Unda Eder | Oct 01 Storm Large | Mar 18 Boz Scaggs | Out of The Blues Tour | Oct 05 Dog Man: The Musical | Mar 19 Chris Thlle ) Oct 07 Steven Wrlght: Live in Concert [ Mar 31 - cancelled JakeShimabukuro | Oct 08 Jesse Cook j Apr 01 Taj Mahal j Oct 14 - cancelled Ciassical Kids Live! & Chicago Youth SyiTiphony - Jane Lynch & Kate Fiannery | Oct 15 - cancelled Mozart's Magnificent Voyage | Apr 03 Manitowoc Minute's - Charlie Berens | Oct 16 DC's Reflecting Fools - Featuring Members of the Capitol MODI - Know Your Audience | Nov 09 - rental Steps | Apr 8-10 Sam Bush | Nov 10-cancelled Lindsey Buckingham | Apr 21 The Rocket Man Show | Nov 13 Ryan Hamilton | May 13 An Evening with Leo Kottke |Nov 18 CONFIRMED ARTIST OFFERS Steven Wright | Oct 06 Canadian Brass [ Nov 30 The Nutcracker | Dec 03 & 04 PENDINGART15T OFFERS Colbie Caillat dcdincd Lewii Black dvciimd Tower of Power How I Buitt This w/ Guy Ra;(NPR) [>iff thp Magic Dragon & Puddlps. 'frr/i/ipi/ JB Smoove Pfpsprvation Hall Ja?? Band Kunny Loggins - declmed Ruthie Foster Page 25 of 84 VOSDOCS-#597748-v1- Resolution_Approving_VenuWorks_Management_&_Programming_Agreement_North_Shore_Center_for_the_Performing_Arts  PKrViuusn ENDORSED Armsrs LJlyTomlin artist Fee Ticket Prices Breakeven 2 Shows/1 Uay $B5K $59 |S69 ) $79 [$89 1385 tickets A prcuiousty endorsed artist, LilyTomlin isa versa ti'e pc rformer, comedian, wntcTand producer that ha"; tourhpri wmc" of the most bE'luved American cnmpdy institutinns. Whrthpr ynu'rp listing her classic television credits I'ke (.aug/i-fn, Mufphy Brown, Ihe IVes; Wmqw Will & Grace: feature tilm cr(.'dit-> like 9 to 5, 77)e Incredible Shnrkmg Woman 01 RobcrtAltman'sA/ui/iw;/?; or those she's acted beside like Jane Fonrla, Mery) Strpep, nu'-tm Hoffman, Steve Martir anci Rpttp Mldlor; Tomfin can qufckly and easily be recognised as 000 of thf bf*st. Hor two ^nflout engagements at N5C inctucic a Februarv 2013: 1,733 tickets and November of 2017. 1,723 sold. Lyle lovett & Artisl Fee Tirkpt Pnres Rreakeupn JohnHiatt $40K $69 [S81 f$91 |$96 |$111 639 licked Previausly erdarsed artistii, Lyle Lovett & John Hlatt had a sell-out here in 20H Lyle Lovett has recorded 13 dlburni and relea'ifd 25 ••inyle'i, indudinE )ii*> t^igheb'- entry, tht; tflO hil on llie U,S. Billtjuiird Hut Cuuntrv Ll'ait, ' Cowboy Man". Loyett won foui Gra'TiinY Awariis, idLluding tle^t Ma!e Country Voral Pprfnrmpnrp and Rp<>t Conntrv Album John -tiatt rpmain<> onp of the* mn^t respected and irflumn.il vr\yr '.ongwriters. Ihe LA limcv wrote, "(Uiatt) v/ntp'i rhr funniest sari scngs-find l^p s.iddfsl funny sofins-of ju'il dbuul dnytjuJv diitff." Hidlt •> sudg-i fidvf LetJ!l covered by arlisls as diverse di Dylan. Bonnie r^aitl. Buddy Guy, Emniylou Hams. \&y^ Pop, the Nevi;le Bruttier-., Su'.ddtiL-Cdbh (ffl Luuotf/ hit, "T»IL' WLIV WL- Miike A 3rut<L-n HLMit"]. the Jeff Hp;)|py Ranrt. Willip Nplsnn. Slrvr Frirlr, iinri linria Rr>nst,]rit. Manhattan Transfer Aiti->t FPP Tnhct pnct". Rre-ikeven SO"'Anniversary with Diva Big Band S2SK $60 |S70 |$80 609 tickets Pre'/ uusly endufiieLt drtlsts. The Manhattan Transfer is dll American mixed vucdl music ^roup estdblishecl in iqt)(9. !n iy7S, thfy were showcased in their own hour-tong L'BS IV vanety series In 1981, they made music history by becornii^; the (inl Krdup tu v/in Gramiry dWdrdi fur both popular dud \da t.dtegunfi i[> the saine vedr. Id 1982, they ^'on iinothei Giamrny (or Best Jii;? Vucdl Pefformance, for Route 66. Their altium, Vocolese received twelve Cjrammy [lufnindtious—nidkitig it spcond onSy ta Mirhflfl Jack-ion's Thritler as the most nominated single aibnm. Thp group w.)', •ndurlpri inii) t\w Voc.il OitJup hdtl L>( Fijitif in 1998. We tidve lidd pxcctlnnt -.dips when thf?y played the .MSC in 2016 (w/Take 6 - 96%) and 2018(83%). Postmodern Jukebox Arti^l fee Ticket Pritfh Bffdk<Jv(Jn $35K 550 j$60 ] 570 765 ticket-, A previously endowed dfti-it, Postmodern Jukebox feituies d rotdting group of talented singe's and musmars known fur cleverly re^rrapghg iind prrfnrming popular mnripm mu^ir in ,1 v,inrty of vintafie penres and styles, The group has a wide viral cxpoiurc onlhc with a catalog of LI ed live v'dt;us and performances, Pu'itmodern Jukebox hdddn enerRetic sold out performance here in October 2U19 with Sbi tickets sold Page 26 of 84 VOSDOCS-#597748-v1- Resolution_Approving_VenuWorks_Management_&_Programming_Agreement_North_Shore_Center_for_the_Performing_Arts  The Rocket Man Artist Fee Ticket Prices Breakcvpn Show $IOK $JO|$40|$50 60S tick.eis A previously endorsed artist. The Rocket Man Show featurps Rui Andprsnn—h.ind-picked bv Elton John himself as his officia! boriv double for Forewett Yellow Brick Road worid tour media production. Rus Anderson is the world's premier EllOti John iuiper-iUfiattir—with the chops to pfoue it. I his concert recreates the magirsl livp ppr^nna or a yoLtng Elton like no other with the actual flamboyant costumes, hi?; ficrrp pi<ino plaving o^d li\/c spot on uucals. We presented the sduw Ihis season ds part of our NSC Foundation Benefit and Fundraiser We sold 700 tickets [83%) and with the low breakeven, made it a prolitablp show with high ancillary earned revenue. Watkins Family Hour Arti1>t Fee Ticket Prices Bieakcven $17.5K S32 |S42|SS2 ,11 tlrkptt Watkins Family Hour is d btuenrdss mLisical cotlaburative led bv Sars and Sean Watkins. Tlie group began in 2002 as 3 monthly, informal musical variety shov/ with ihE- Wiitktfi-; ijhtings and their friends in the -o^ Angeles nightclub Largo. Other guest musicians from th? Largo family would gpneralty show up as well, including Jun Briun, Fimid Apple, Don Heffington, Grfg Leis; and Chr'sThilf (frnm Nirkfirrpck A Punrh Broth?rs) The if regular collaLiordtions led to a 2015 album and tour under the same: n,imf. Thf Watkins were both members of the progressive blue^idis rifuun Niikel Creek. Sdfa Watkms toLjrs extensively with Sarah Jaios; dfitl Aulfp O'Doncivfld. The tr'o, who now play under the name I'm With Her have sold out nunnerous dates including theit show at Thalia Hdll in Chkdncj. NEW ARTISTS FOR ENDORSEMENT Darcle Lynn Farmer Aitisl Fee Ticket Prices Breakeven $1EK $19 |$59 J$69 6S6 tickets Darcl Lynn Farmer ii ^n Aniencdii singer ddd vcntnloquist 'inrf tip vourgest contesfani to ever win (^.BC'S Ameficas Cot Tu!fn< gdmering over 67M views on ACT s Youluhr and the most vutL':> (ui d (itidl pe'found iii-f KI the tiisluiy uf llie 'ihu'.v. Sni' v/un the hearts or America with her sweetheart fl*<;pn';ttim ^nc unclcniahle t^lpnr in 201S. she kicked off her nntinnal tnuf selling out her first hc'jdlining family friendly <>how in just six m>nutLls Fortune Feimster Ail-^t Fee T.cket Prices Bfeakeven S2SK $45|$S5|S65 694 tickets Fortune Feimster is an American writer, comedian, and actress. Having made her tcle'/isiun debut on iWC'i Lubl CufriiL 5tufit//fiy id 2010, Fcinisiei sldirfd in •>tjd'>u[is |'1-6) asColelteon the FOX sitcom comedy The Mindy Pro/ect (201 [i-17). In July ?019, she began hosting What a Joke with Papa and Fortune with the poptjlar comedian Tom ?apd whfic lliey v/uu!d inteiview mmcdinns and rplpbrilii^, ^nd Ihp first livf pmgr.imming on the Siriiis XM's rtiannpl /ypf^t< ;s a Joke In 2019, reports condrmca Fcimstcr would participate; in the Showtime LGBTQ series. The L Word: Generutton Q, d rebuul of T/)f i. Word. Page 27 of 84 VOSDOCS-#597748-v1- Resolution_Approving_VenuWorks_Management_&_Programming_Agreement_North_Shore_Center_forJhe_Performing_Arts  JohnSplithoff Artlsl fvf Ticket Pritfs Bfeakeven $/.1>K $3R!$3?j$.»b 482 ifckels A 2009 grdtludlc ufGk-nlifuuk Suutli Hi^li Sclioot in Glfnvifw,Jonn Splithoff i1, d Ctii<-d,iu-tjur[i •singpn'.ongwritpr anri guitarist. An pmprging artl'.t rplpa'.ing inrrcflsinglY popular ;Ps in 2013, 2016 and 2017, John rcloasod his first ful) length album in April 3021, Splilhoff blends together music styles iind modern production landinR un an Riisily cnns.imdhlp l.lid brir.k soiilful pop sound larkln Poe Artist FPP licfcpt t)ncp< Hrflflkpven S30K $S5 |S6S|$75|$aO 687 tickets larkin Poe is an American roots rock band from Georgia, now bai.ea in Nashville and fronted by sisters Rebecca lovcll and Mcgar Lovctl. Featuring southern harmufiei, heav/ electric guitar riffs, and sfide guitar, they aie often touted as "the little siiters ot the AHmdn Rrnthcr'i The 'ii'itpri; h^vr' iill;n tnurpri ri'i barking mu'.iririns (or a variply nf nther har'ds, most noMblv Flvis Costdlo, CororObcrst of Bright EYPS, Kristian Qtjsh ofSug.irland, and Keitn Urban. Larkin Poe's fourth studio album Self Made Mon reached 4\ on the Billboard blues album chiirt in June 2U20, nidkifin it lliei'' second (.ynsec-ulive nunber one album. Larkin Pae released their fifth stLdio album, Kindred Spifits, a covers album leaturinR renditions of songs by Lenny Kraviti', Ngil Yoting, C!vis Presley, Phil Collins, Cltor Johi^ and others. Tom Papa Arnsi Fee Ticket Prices Sreakeven SI(]K $/S |$-IS l$4ti hm tirkpt*. Tom Papa is an American comedian. actor, and rddio hosi. He hosts theSirius XM Satfllile Radio ^how Comp fo Popo. In July ?019, he and Furtunp Fcimstcr ^fartpri ho'.ting thp Sinus XM shnw What o }okr with Papa and Fortune. Capii hosted the shnA Baked on thr- Food Nct'work. Tom fir'>t dppedryd d-i d pdnell-it oi\ MPR's Wui;, Wui'f . Don't TeH Me! in 2018. Aflpr Chfis Thilp took over A Proirie Home Companion trom Gafrison Keillor, Papa was d key contributor 10 the show, ri; iiiirnetl Live !~fom Here, snd tltiit included hi^ rfgular seginent "Out in AfncriCii vuilh Tom Papri . HP rikn workprt behind thp •ir^nc'i ii^ tio<id writnr. In ?n?D, Pnpa appprirpd in an hourlong comedy special for Netflix entitled You re Doing Great/ l-^', •.:!:^-;L/^ i I//, ;'i,',' /1 f. .;;'^JN\^.A ^/ ..--^ ^-^ ''v..". ! ^ , 'j d t . M .'i^ '//.v / , - -( ^; ••.; F, \\ fu Page 28 of 84 VOSDOCS-#597748-v1 - Resolution_Approving_VenuWorks_Management^&_Programming_Agreement_North_Shore_Center_for_the_Performing_Arts  Exhibit C f^aiur<ES<MltS^^^$<^&<m^'^^^':;^"^ ^ !i?.(aT»i«;;'_' rbTALSAUSi •-.<—'.-•.;.-•;-:'^...'- .'•'• ^•\^'•.:'-...•• total Ss^V^^iyS^'S:'^^":^ ^'ffi. i/M/AW,.^ ^^^^'^;:'7:^;;^I';-:;-^-^:^Tirt^^'&oi<l ^'•'.^16>iBE'- ^^^•^Be$' ChkacoTapTtiaatrt Chicago lap Theatn" Saturday, July 10,2021 at 3pm a 7pm dollar: ...&w:wt 76200S.CWI $1.00 AtlTkkctt:$42 tidietl 228| 77K 35.1%| &SO BoO cant So&eam Friday. Jidy38,20H at 7:30pm dd I an $3S.a;4.00| (S4.6MI $45,9W 3G S5S|$63|S78 lidcets S7Z| 68K 85.&SI 6W The Robert Cr»y Band ?e Robert Cny Band Fdttiy, Sepi<fnbc( 17, zozi at 8pm dollars ?i3,412.00| 131.4'!* I $iS,4;1.2Z S*Bj5SOJi60 tltkcb 6391 7W K)53Ti| G07 MaiJobfani MazJobranl Saturday, Septunbet 18, 2021 at Spiti dotlan SM,18I.30| t01,?] $? 3^60, Id $}7)?d7|$67 tiActa 721| R6% iip .<i% I 7!H Hcnnan'i; Hftnnftt ttennan'!. Hcnntts Satwday, September tS, WU at Bpm ddiars ^25(31^00j 2531000.0% i $i.oa ;Mj?43)?59|S69 titkcls fl43| 53X 6B.i%| S30 lust In WilSman- Magk for Hunans iuutn WiEfman - Maflc for HumatK Sunday, September i6, tOZl *t 7pm dullnri ^30,37S.OO| n&.z%! $23,336.65 <ua Seats; S35 Ittkel; 783| S3% 123-9%! 632 hrt Evening with llnda Eder \n Evening wilh Undft Eder Friday, 0<t(*er01, 2031 at Bpno ddtart &38.2BO.OO! 115.3%! S32.936 39 ^0|i7Et^SO litketi 543| 6S?; 9S.9-S! S£6 loi Sntfis i Out of The BtucsTow lot S<K»EE< I Out of The Bktfcs lour ruesdav. Qttober OS, 2021 .it 7:3(tom dctlittt ^TZS^Oj 921?i! ;6S,1CB.'M ?T5 |?88 |?M titkcti G43| 7TK 9L9XS 706 Chris ThBe • Live in Concert :hrt* IhMe - Itve tn ConceH rhuistjdy, October 07, ;0;1 at 7:Mpm dolliri $Z8(.191.0pj 7?3%! ?3Mh/ 'Id i49j$59f?63 t(tkut( fl78| 57?! T\7%\ 6i9 lake Shinvabukuro lake Si»linaby)iuro ^riday, Cktcfae; OS, 2021 at 8pm dottart iU,58Z.40| as 3^! S?S,W.69 ^7i$47|;SS7 tttk&U -HGj 53?i 77.G%| 575 Faj Mahat - CwiceilM) rajMahal-Cancelled Fliuriday, Ckic-thsr Hi Z021 at 7^0pm dollan $l,&32.00i ^&.?^i S3.6B8 01 ?4S J$SS |;6S tkkcti 31| w. 5.7flj SS3 lan«! lynch & Ka>« FlnfmetV | Two Lost Souts lane lyndi & Kate Harumy ( Iwo Loit Souk :riday, Ottcber IS, 2021 at Ipfn • Cmwtfed dollars $397.001 HJK] 5l,9E7.(B !;S5 j?65|S7S ttckcis fll (rt o.s%) 6i6 VlanEtowoc M!r>ute'( • Chwlte Bwwtt yarxtowot Mkiule's • ChiifBe Bwcnt iaiufday. Octotret 16, ;ozi at apm dollars ?i9.109.001 141.4% I i;0,SB944 ?3SJ?"_ tlchcts 789| 9W 12t.fl%| bl>(i CON CAFKtftt PietcWt COH Cone t r t» Pfe».c nil lAODt: Know Vou^ Audtemo iWednFS<t»v, Novcmbcf tQ, 2021 at 7;30pm dot lan $16.6fl2.10| 1&6^5100%1 £1 00 ?4s:SCLi^M- ticket! 303| 3W 4f).&^l SS& iam Bu»h - Conrtfed i»m flutti • Cafl(«B<!ii Afsdneiday, November 10, 7C21 at 7:10pm dollars i4.4CO.OOi ;<M.6?4| ii,7<!£,71 Ui Seats: ^16 tickets 10fl| nv l7-S%| 570 the Rodtel Man Show [he Rockcl Man Sduw Itluiday, November H, 1031 at Bpm riot) a ri W. 9?t.00| 1M.£'4| iWW 12 Mojtif«ijj-su_ tickets 70S! 83% US.7%| 60S Page 29 of 84 VOSDOCS-#597748-v1- Resolution_Approving^VenuWorks_ManagemenL&_Programming_Agreement_North_Shore_Center_for_the_Performing_Arts  An Evening with ten Kotthe ftn (vfrine W»(h leo Kottkt) Thursday, November 18, 2021 at 7:30pm d (rfl Mil $14.277.001 137.1»it $n.705C!7 ?I3 ($13 |$S1 tickets] Sill 6t9 994KJ S«fl Salt Creeft ftaltet. The Wutcracher Salt Qeck Ballet • The NuttTacter DecenrfxtJiad.i.ZOZl dollars j $90,MS.30l 173,2%! S52.l04.38 Tlckctftatiee:$24-SS2 ikkdsi 22431 »w IGO.ZKi 1,400 Kevin rtealon - Canceffed <cvln Mcalon - Cancefled Sunday, Janutry IS, 20Z1 at 7pn» doltaraj io.ool 0.0%| S935.83 i!?8J5"l?'» tkkfttsl fil t? QW.\ S59 Patty Gritifcrt l*atty Gil HI n FHday, January 31,2021 at Spm WHh Spedal Suut Paikct Mlftup dottirt] S;?,9a<).ool Sl.l^l $W.(,'i^f7 ^S|$SS|$601$fi5 titketsl 469) 56? 81.3'%! •>/J Giwdano Dance Uilcago Siofdsno Dante Chkago Saiwday, February 05,2022 at 7:30pfn dollani $19.0.>4,80[ .19014S0.07&! i i.oo ?;fi|?S2|$S8|^8 tickets) 4t0] 4M &3.ISI (i50 Musk ol th< Barwtuc yutic ot th< Stfoquc The ChcwsKef Saturday, February 19,2&22 at 730pm ddfartl ?17,913.00| ]7913CO.OSt| $i.oa S20,^t^j^MJ^B^S^ Ktb MB - CimreHed tidtetsi <eb Mo-Cancttliod flffil m 74.8K;) 6SO Friday, Marth u, 202; at 8(»n dcttanl $3,468.00) 1734.0KJ S2CO.OO il60jil?0 Utkeu.1 46| w 7.0R! 6S6 Stonn Utref i)o(m Urge Friday, March 18, 202Z at 8|>m rfotbinl ?A"^°°1 54.1%! $17,070.&4 ?25|$lS|$dS tid<iit(| 731| n^ 34.W! 6SO &og Man: The Musical 3c>j Man: The Muilca! Saturday, March 19,202? at Ham B ;pm liothnl Sai,7oa-iia) 170^1 SlS.frTOSO $U);20)i26 ttrketij 1723] WtV ;15<.5X! 186 Steven Wtieht: Live In Concei - Cwcelled iteuen Wfisht: UVP In Concert -CanccHcd Thursday, Mafdi 31,1Q11 at 7:30pm ddlarsl -^39!S23:6^°j 14?.;?i>i $37.584.76 ^46J$SI |$S1 tftkttil ?sa] ww 1S6.W! 48G lcsic Cook lew CtxA Ftlday, ApfHOl, 2022 at Bpm dolfafil SIB,(16.80) (»6,4%! $38,051.00 iyUJS<iPJ^»- Claislcal Iflds Ltu&l & Chiiago youth tymphanv tickcttl 35l| •lia^kal Kidt Uue! & Chtt.lgtt Vnulh Svmphony w Si»,4%i w Suorfay, April Oi,;022 at 3pm doitaril $3.101.601 -!S.t%) S1U16,03 ;M|iia|$;t DttLCtil 169| 2W ?a 3^1 Si3 DC't Heftectlfls Fool* 3C'< Rfrftettkig foa!( i^ril 8-10, ZOU :ri Bpm j Sat 2pm & 8pfn | iun Ipm <f<>Hartl $47,<30.00f 73.0%j 5M,982-00 (ktwt fl.mg.i; $42 . $S2 (ickctll 114Z) 3W m.i^i 6S6 llndsoy Bucliingham .jndury Bxddogbam >hUttii»y, April 3l,2fll2 .it 7;i0pm do! lan) SS9,SS4.(K>f »S5%i S47.4M.M ^70|iSO ]$90 tlckettl 6231 74*S 9b.a%\ G'i0 ft yi Ha mrf ton <yan K.unilton Fifday, May U, 2022 at Spni dd Un I S3,560.00| 1^ ISl S33.GM.OO ?32j^2 tkkctil 93| w i4.B?i| (,~t8 TOTAL alt produttloni $797.310.60 16,680 lOfM teu fcnlal pfoductions S7SS,?8.SO I •1.334 (OtAtotSKt?. 51/4,029.60 i.023 U^?.vtyiX>-:-~^'-^:^^:^'~'-'.^ •;.-.; ; ;\;,::-^'...^^--^:;.,:;;.^-^: .^'•..^WSl-QO :-":\ •'. ' .•13:,657'. -. - Page 30 of 84 VOS DOCS-#597748-v 1 - Resolution_Approving_VenuWorks_Management_&_Programming_Agreement_North_Shore_Center_for_the_Performing_Arts  Exhibit D AGREEMENT FOR LEASE OF SPACE AT NORTH SHORB CENTER FOR PERFORMING ARTS, SKOKiE This Agreement made and entered Into as of this 25th day of August, 2020 (hereinafter "Effective Date"), by and among the VILLAGE OF SKOKIE, a home rule municipai corporation (heroinafter "VILLAGE" or "LESSOR"), PFM/NORTH SHORE CENTER FOR THE PERFORMING ARTS IN SKOKIE, or such successor manager designated by VILLAGE (hereinafter "MANAGER"), and MUSIC THEATER WORKS, a not-for-profrt corporation, formed under the laws of Diinois (hereinafter "MTW" or "LESSEE") (hereinafter collectively "Parties"). WHEREAS, the VILLAGE owns and operates (he North Shore Center for the Performing Arts in Skokie (hereinafter "CENTER'); and WHEREAS, MANAGER manages the operations of Ihe CENTER on behalf of and as the agent of VILLAGE; and WHEREAS, MTW is an lllinuii, not-for-profit corporalion with forly years of experience in producing theatrical shows in Chicago; and WHEREAS, MTW is desirous of leasing the North Theatre and the Center Theatre in the CENTER from time to time as its primary location for producing and presenting its theatrical works of art and to be designated as a resident company of the CENTER; and WHEREAS. LESSOR is agrcoabto that MTW use Iho CENTER'S facititios on the fotiuwing terms and conditions. NOW, THEREFORE, in consideration of the mutual covenants and promises contained herein, the Parties agree as foiiows: 1. RECITALS, The repffisenfalions set forth in the foreyoing redlats are material to this Agreement and are hereby incorporated into and made part of Ihis Agreement as though they were fully set forth in this Paragraph 1 . 2. ATTACHMENTS. The "Rent Schedule" attached as Attachment 1; the "Production SchedulB" attached as Altachmont 2. and the "Porsonnyt Cost Sdiedule" attached as Attachment 3 are incorporated by reference and made a part of this Agreement 3. LEASE. LESSOR leases to MTW and MTW rents from LESSOR thf North Theafre for three (3) Productions per year and the Center Theatre for two (2) Productions per year on the Production Schedule set forth on Atfachment 2 and incorporated herein. For each production held in the North Theatre, a "Produciion" shall consist of a five (5) Week occupancy period, indusive of toad-in, technical rehearsal time, and loacl-out. For each production held in [he Center Theatre, a "Pfoduction" shai! consist of either a three (3) or four (4) Week occupancy period (as mutually agreed), inclusive of load-sn, technical rehearsal time, and !oad-out.. A "Week'* commences on Monday and concludes on Sunday. The length of a Production may be extended or shoriened by mutucjt agreement of the Parties, but onae MTW uonfirms its datos with LESSOR it is obligated for the rent on Page 31 of 84 VOSDOCS"#597748-v1 - Resolution_Approving_VenuWorks_Management_&_Programming_Agreement_North_Shore_Center_for_the_Performing_Arts  those dates. 4. TERM. This Agreement commences on June 1, 2021 and shall terminate on January 31, 2026 (hereinafter "Term"). MTW shall have the option to extend the Term of this Agreement for one (1 ) additional two (2) ysar period, provided MTW gives LESSOR at least one hundred twenty (120) days written notice prior to the end of the original Term of MTW's exercise of such option to extend Ihe Term of this Agreement, 5. RENT. Fur the period June 1, 2021 through January 31, 2023 MTW shall pay.per Productron, the money as rent (hereinafter "Rent") as set forth on the Rent Schedule (Attached hereto as Attachment 1 and incorporated by reference). Beginning on February 1, 2023, and for each subsequent year (a year being defined as February 1 through January 31), Rent will bo increased by the lesser of 2.5% or an amount determined by multiplying the Rent payable for the immediately preceding period by the percentage increase between the most recent Consumer Price Index for Ail Urban Consumers in the Chicago-Napen/ille-Elgin area as pubiished from time to time by the United States Department of Labor, Bureau of Labor Statistics, or any replacement for thai index published by said Bureau (°CPf), and the CPt on the date that is 366 days prior to the dale the increase in Rent is to commence. MTW shall pay LESSOR Rent for each Production not iater than three (3) business days prior to the first day of toad-in for each Production, as set forth in the Production Schedule. Once the Production Schedule has been established for any given year, MTW sha!l be liable for Rent due for any Production set forth in such Production Schedule whether or not MTW actually utilizes ihe assigned Iheater for a production. 6. CLEANING AND UTIUTtES FEE. In addition fo the Rent, MTW shall pay a cleaning and utilities fee of $1 ,000 per week in the Center Theatre and $600 per v/eek in the North Theatre, as appticabte (hereinafter "Cleaning and Utilities Fee'1) for each week of a Production. Should MTW add performances beyond those provided for in this Agreement, MTW shall pay an additional Cleaning and Utilities Fee of St 50 per performance in the Center Theatre and $100 per performance in the North Theatre. Beginning on February 1, 2023, and for each subsequent year, (he Cleaning and Utilities Fee witl be increased by the !esser of 2,5% or an amount determined by muitiplyins the Cleaning and Utilities Fee payable for the immediately preceding period by the percentage increase belween the most recent Consumer Price Index for Ail Urban Consumers in the Chicago-Napen/iiie- Eigjn area as published from time to fime by the United States Department of Labor, Bureau of Labor Statistics, or any replacement for that index published by said Bureau ("CP! ), and the CP! on the date that is 366 days prior to the date the increase sn Rent is to commence. Notwittistanuing the foregoing, LESSOR may add a COVID-19 (or any subsequent pandemic or epidemic) Surcharge to Ihe Cleaning and UtilitEes Fee in such amount as LESSOR believes, in its reasonable discretion, is necessary to meet public heaith noeds or requirements, such Surcharge not to exceed $130. 7. PRODUCTION SCHEDULE. The Production Schedule for the 2021 -22 season is set forth in Attachment 2, Productton Schedule. Dates for subsequent seasuny chirifig Ihe Term of this Agreement wit! be agreed to by the Parties by April 1 of each year for the season that begins the following March. For oxampfe, the Parties shall agree, not later Page 32 of 84 VOSDOCS-#597748-v1- Resoiution^Approving_VenijWorks_Managemen^&_Programming^Agreement_North_Shore_Center_for_the_Perfoiming_Arts  than Apri! 1, 2022, on a production schedule for the season that begins March 1,2023,and the Production Schedule will be amended accordingly, LESSOR guarantees to MTW the same number of weeks in approximaieiy Ihe same conflguratbn as those currently provided in Attachmont 2 for the 2021-22 season for subsequent seasons during the term of this Agreement, unless modified by mutua! wriUen agreement of the Parties. 8. BOX OFFICE PROCEDURES. A. TICKETS. Afl tickets for Productions shall be issued by the CENTER Box Office. In no case shai! outside tickets be used for any event. MTW shaft have sole right to set the pricing and scaling of tickets to ils performances, said prices to include the Center's standard facility fee (as defined in Paragraph 8-G herein). MTW must notify MANAGER in writing of ils intent to offer discounted tickets in advance of any public notice and no Sess than 24 hours before the performance for which such discounted tickets shall be offered. Alt allocations to other ticketing entities such as Hot Tix or Groupon are done at the request of MTW but handled by and subject to approval by MANAGER, which may impose an additional charge for handling such tickets/customers. All tickets shall be numbered by house manifest. There are no refunds or exchanges perrnittod except under special circumstances as approved by MANAGER which shall be consistent with the refLind and exchange policy generally applied by the CENTER Box Office. This shal! include, but not be limited to, seats blocked by equipment when exchange for comparable location is not possib!e; failure of projection equipment; and failure of act to show or to go on stage within reasonable time of schedule. MANAGER and LESSOR are not responsible for refunds on tickets purchased Ihrough LESSEE. The sale of tickets consigned to the LESSEE and the coilection of payments for such tickets via any eiectronic moans, including but not limited to internet websites, withoul the express written permission of MANAGER is strict!/ prohibited. Viotatiun of this policy will be considered a breach of this Agreement. B. SUBSCRIPTION SALES AMD EXCHANGES. MTW may offer a group of productions during a set time period for sale as a subscription season (liereinaftor "Subscription Season"). MTW may accept ordury and process customer payments for a Subscription Season, and shatl retain all revenue from the Subscription Season MTW shali provide MANAGER with detailed customer identification including but not iimiEed to address, telephone number and email address and seating data as subscriptions are processed so that Iho box office may enter subscription tickets into the ticketing system and buiid customRr accuunts to facilitate subscriber ticket exchanges. Exchanges must take place at the box office. All subscripUons soid subsequent to the date of the (irsl performance of the first Production of ihat Subscription Season must be so^d by the CENTER box office. The CENTER box office wilt levy and retain a subscription order charge for ati Subscription Seasons at se!is, in the same amount as MTW levied for the same Subscription Season, in consideration of the subscription services provided by MANAGER, MTW shall pay a Subscription Services Fee to LESSOR oi $750,00 per Production. C. SINGLE TICKET SALES. A« single tickels wilt bft sold by the CENTER box 3 Page 33 of 84 VOSDOCS-#597748-v1- Reso!ution_Approving_VenuWorks_Management_&_Programming_Agreement_North_Shore_Center_for_the_Performing_Arts  office in person, via phone (staffed by MANAGER'S ticketing staff) or online via MANAGER'S ticketing plalform. MANAGER wilt colfect and hold revenues from singie ticket sales and remit net revenues to MTW as part of a settlement at the end of each performance week. MANAGER wi!I add a convenience charge to the sa!e of each single ticket purchased over the phone or online and will retain 100% of the convenience charge revenue. Convenience charges shall be sol by the MANAGER in consultation with MTW taking into consideration fees for similar venues and conVGnienco fees charged by CENTER for similar productions. There will be no convenience charge appiied to any tickets purchased at the CENTER box office window, Convenienco charges wil! be set based on face value ticket prices and oomparabte events in the marketplace. D. CONTROL OF PROCEEDS. Except as set forth above. MANAGER shall have complete custody and control of ail monies received from the sale of tickets wherever sold and admisston fees wherever sold and admission fees wherever received, AH such funds sh£iil be the rightful property of VILLAGE, for the purpose of applying same in accordance with the terms and conditions of this Agreement toward payment of any balances for fees and services and equipment as listed above. CENTER'S box office telephone, and no other shall be the so!e box office telephone number excepting that MTW may use its phone number and websste for its prs-season Subscription Season renewal marlCRting and communications. The web address www.NorthShoreCentor.org shall be included by MTW in all advertising of the Event/Performonce. E. RETURNED TICKETS. A $2.00 charge per returned ticRel shaf! be charged to LESSEE for a!! issued tickets returned to the box office, including (but not limited to) cancelled performances. F. CREDIT CARD COMMISSIONS. All credit card transactions including al! in-person, telephone, internet and group ssaies will be charged a 4% service fee deducted from final settlomeni. G. FACILITY FEE. A facility fee wilt be deducted from the price of ail paid admission tickets, regardless of price, as follows: (a) $2.00 per ticket on all paid admissions to performances in the Center Theatre and (b) $1.00 per ticket on all paid admissions to performances in the North Theatre. This fee is Included in the advertised price of Ihe tickets and is deducted at settlement, To assure good customer servsco, LESSOR, MANAGER and LESSFE? ^greo to advertise tickets to the performance at a price that includes the (acilily tee. There is no facility fee charged on comptimentHry {jckRts. H. HOUSE SEATS. MANAGER resen/RS <he nghl to have and use, without charge, a maximum of eight (8) reserved seals, per event/perfomnance, between Rows G and M on the orchestra level in the Center TEwater and in locations to be mutually agreed upon w the North Theatre, MANAGER shal! release for public sale any unused house seat holds in its inventory no later Ihan 24 hours in advanra of (he performance. 9. MARKETING SERVICES. A. BASIC MARKETING SERVICES. MANAGER witi provide the toEtowing ^ Page 34 of 84 VOSDOCS4597748-V1- Resolution_Approving_VenuWorks_Management_&_Programming_Agreement_North_Shore_Center_for_the_Performing_Arts  marketing services to MTW free of charge for ths Term of the Agreement: • Visibility on NorthShoreCenter.org as foltows: o Individual event pages for each performance with link to ticketing system o Upcoming Events List on homepage of websjte (auto-popufcitlon of next 10 events in facility) o Homepage Strip Banner for each produclion on websiie (in chronotogicai order) o Inclusion on CENTER resident company page with links to MTW website/subscriber info o Dedicated Sanding page for MTW featuring fuii season line-up • On-site Visibility u Inclusion on marquee at the corner of Golf Road and Skokie Boulevard visible to more than 38,000 cars per day beginning six weeks prior to the first performance of each production or imrnediatety after last performance of current production o Exterior banner in front of Ihe CENTER with MTW branding (not for individual show marketing) o Featured slide on box office and iobby vidoo screens at least 2 weeks before first pGtfomnance of each show o Five (5) Poster spaces in the main iobby location to be determined); MTW responsible for creative and cost of generating posters o Poster space in one of the cases on the north exterior of the CENTER • Inclusion of each MTW production In monlhly CENTER omni-ebiasts to a list of over 52,000 names B. YEAR ONE MARKETING SERVICES. In addition to the basic marKeting services set forth above, MANAGER will provide the foHowing marketing services to MTW free of charge for twelve (12) full calendar months from the Effective Dale of the Agreement: • MANAGER will pay for the crealiun of the exterior banner cited above for MTW (subsequent replacement banners will be at MTW expense) • Ebtast announcing arrival of MTW as a new resident company with foil season announcement • One dedicated eblast per production » One limo use of predetermined mailing list for MTW season brochure mailing • Feature banner on NorthShoreCenter.org welcoming MTW and arinouncing season • Coordinate with VILLAGE on a pross Jnitiafivo announcing arrival of MTW as a new resident company • MANAGER wiS! host an "open house" for MTW subscribers and donors on a mulualiy agreeable date • Foster community introductions with existing communily partners such as Skokie Chamber of Commerce, Library and Park District. • MANAGER will pay first year membership fee for MTW to join the SkokJe Chambyr of Commerce Page 35 of 84 VOSDOCS-#597748-v1. Reso!ution_Approving_VenuWorks_Management_&_ProgrammJng_Agreement_North^Shore^CenterJorJhe_Performing_Arts  • Inclusion of MTW presentations in CENTER season brochure (subject to liming and print deadline) • Promotional exposure on CENTER social media properties (Facebook, etc.) • Facilitate Inclusion in NEWSKOKIE bi-monlhly publication 10. STAFFING SERVICES. Except as otherwise stated in this Agreement, MTW shall pay for the foitowing personnel during each Production, pursuant to the Personnel Cost Scheduie attached hereto as Attachment 3, as it may be amended and updated from time to lime. Labor rates are reviewed annuaiiy by MANAGER taking into consideration labor market conditions and increases in the consumer price index and other factors. Labor rates shall not increase more than 5% in any single year during the Term of this Agreement, unless dictated by the actions of a governmental authority. For avoidance of doubt, the personnel fees set forth In AElachment 3 are in addition to Rent and the fees othenvis&dascfihed-in this Agreement: A. FRONT OF HOUSE PERSONNEL * For each performance In the Center Theatre; Two (2) house managers selected by MANAGER and Four (4) Ticket Takers/Aiste Captains. • For each performance in the North Theatre: One (1) house manager selected by MANAGER for performances with an expected attendance of 250 peopSe or iess and two house managers selected by MANAGER when attendance is expected to exceed 250 people; provided however, thai MTW may, in place of the house manager selected by MANAGER, select a house manager for performances in the North Theatre, such house manager to ba trained by MANAGER and to be responsible for adhering to the procedures and policies of the CENTER. Notwithstanding the foregoing, CENTER policy requires that it have a representative in its employ on site ai ail peiformances. Whert an MTW performance in the North Theatre is the only ptiblic evenl in the building, CENTER will provkle this venue representative at no cost to MTW for the period from the Effective Date of the Agreement through January 31. 2023. • VoSunteer ushers through the Saints organization. • MANAGER and MTW shall instruct their front-of-houtiu personnel to work together in a cooperative manner, providRd, however, that CENTER personnel shall hrivcs final decision making power. B. SECURITY AND TRAFFIC CONTROL PERSONNEL • For each performance in the Center Theatre: One (1) lobby (front-of-house) security officer seiecled by MANAGER. • For each rehearsal and performance in the Center Theatre: One (1) backstage security officer selected by MANAGER. • For each performance in the Center Theatre: Two (2) traffic ccjntroi officers selecteci by MAMAGER. provided however that, if the North Theatre is also in use during such performance, M'1 W shall oniy be required (u pay for one-haif the cost of such traffic control officers. Page 36 of 84 VOSDOCS^597748-v1- Resoiution_Approving^VenuWorks^anagemenL&_Programming_Agreement_North_Shore_Center_forJhe_Pertorming^Arts  • For each weekday matinee performance in the North Theatre: One (1) traffic contcoi officer selected by MANAGER. • For each evening and weekend perfomiance in the North Theatre when the Center Theatre is atso in use: one-half the cost of such traffic conlrot sciected by MANAGER. C. STAGEHANDS • For each Production in the Center Theatre: a minimum of three (3) stagehands (electrics, sound, stage), selected by MANAGER, for load-in, each technical rehearsal, each performance, and load out. The CENTER technical direclor may, In his discretion, require additional stagehands based upon the requirements of Ehe work call. MTW shall provide its own lighting designer, but the CENTER master electrician Is available to run the light board for MTW rehearsals and performances. MTW may supply its own stagehands to supplement the minimum crew set forth above v/ith the permission of and in coordination with the CENTER Technteat Director, • For each Production in the North Theatre; a minimum of one (1) stagehand selected by MANAGER, for load-in, each technical rehearsai, each performance, and ioad out. The CENTER technical director may, in his discretion, require additional stagehands based upon the requiremenls of the work call. Any personnel selected by MANAGER as permitted in this Agreement shall be reputable and ekperienceri in the task for which Ihcy have been selected, 11. OFFICE AND ADMINISTRATIVE A. OFFICE AND ADMINISTRATIVE SPACE. LESSOR will provide one (1) workstation sn the administrative office area on the sycund floor of the CENTER for use by MTW staff when onsite for productions, in addition, LESSOR wilf provide workspace for two (2) production personnel This may take the form of two (2) workstations in the second- fioor administrative office area or one (1) office that can accommodate two (2) people on the lower level adjacent to the dressing rooms. MTW will hnve access to the CENTER conference rooms for meetings. Ttwise rooms are scheduled through the CENTER office manager and are reserved on a firet'come, firet-served basis. Use of the conference rooms for meetings is free of charge. Use of the rooms for receptions or other events that require the removal of conference room furniture may fesuSt in additional space usage changes based on the nature of the event, such costs to be reasonable and customary at the CENTER. I.ESSOR will provide MTW personnel with access codes for entry inlo tho CENTER, B. REHEARSAL SPACE. MTW may have UKR of the rehearsai room bw of charge siibjecl to availabiiity at t^ie Ume of request. C. PHONE AND COPYING SERVICES. At its option, MTW may have access to CENTER telephone lines, at the rate of $38 per line per month, prorated per week, such charge to be subject to change. MTW may usy CENTER copier machines a1 the rate of eight (8) cents per copy, subject to change, Page 37 of 84 VOS DOCS"#597748-v 1. Resolution_Approving_VenuWorks_Management_&_Programm[ng_Agreement_North_Shore_CenterJorJhe_Performing^Arts  12. SETTtEMENT PROCEDURES. For each Production, MANAGER will issue to LESSEE not later than fourteen (14) days prior to the first day of such Production, a preliminary settlement statement setling forth MANAGER'S good fgith estimate of the expenses directly associated with the LESSEE'S use of the Theatre, including but not limited to Rent, personnel costs, and other fees and expenses set forth in this Agreement. II is not a final invoice and the omission of items on the preliminary settlement statament does not constitute a waiver of charges for those items, provided that such charges are LESSEE'S obligation or chargeable to LESSEE provided that such charges are payable by LESSEE pursuant to the terms of this Agreement. LESSEE is responsible for additional expenses unknown at the time the preliminary setilement statement is issued that result from tho failure of the LESSEE to provide adequate information about the performance/event, proctuctson/event changes requested by LESSEE, to the extent such expenses are LESSEE'S obiigation or chargeable to LESSEE pursuant to the terms of this Agreement or expenses rcsuitlng from actions determined by MANAGER to be necessary for the safety oi performers or audience. Upon acceptance of the preliminary settiement from MANAGER, LESSEE shatl pay to MANAGER tho balance due no later than 5:00 p.rn, three (3) business days prior to the first day of occupancy for Ihe applicable Production. Thereafter, MANAGER shall provide LESSEE with weekly setilenient statements for the remainder of the Production, thai reltects amounts due LESSEE from ticket sales revenues collacted by the CENTER'S box office and any balance of expenses due LESSOR from LESSEE, tf not deducted at settlement, LESSEE shall pay the balance due from such statement no later Ihan 5:00 p.m. three (3) business days after LESSEE'S receipt of such statement, provided such settlement is consistent with the tRrrns of the preliminary settlement. 13. AMUSEMENT TAX. The VILLAGE levies a 2% tax on admissions to ati amusements in the Village regardiess of venue si/:e. Cook County levies a 1% tax on admissions to amusements in venues over 750 seats, which includes the Center Theah-R. Both of these taxes will be added to the tictcet price of each ticket, rounded up to the nearest nickel and deducted at settlement. Illinois Not for Profit Organizations in good standiny with the State of Illinois or otherwise approved by ViLLAGE are exempt from Ihe Village of Skokie lax upon receipt by MANAGER of proof of non-profit status and before tickets go on sale. Once tickots go on sale with th9 tax inctucted in the price, (he lax wiii be deducted al settlement and remilled to the taxing body. Non-protit organizations must apply for a special exemption certificate from Cook County and provide (his certificate to MANAGER before tickets go on sale in order to be exempt from this tax. 14. NON-COMPET6. Neither LESSOR nor MANAGER shall allow another musical theater producef to establish a regular season of shows at the CENTER and shall not designate such an organization as -A resident company of the CENTER for the duration of She first Term of this Agreement without the consent of MTW. Notwithstanding the preceding langiiHge, occasionai musical productions by NorthiEght Theatre, symphony orchestras or other concerts featuring Broadway music, or any touring or locally prodtjced K Page 38 of 84 VOSDOCS-#597748-v1- Reso!ution_Approving^VenuWorks_Management_&_Programming_Agreement_North_Shore_CenterJorJhe^erforTningArts  musical are permissible at MANAGER'S sole discretion. 15. ANNUAL GALA. MANAGER shall provide MTW renl free use of the Center Theater and Grand Lobby for tour (4) hours event time plus adequate same-day set-up and take-down time one Saturday or Sunday each year of the Term for its annual gala. The date shall be seiected by mutual agreement by the Parties noting that early Aprf) Is a preferred lime, and other dates are subject to availability. MTW shall pay MANAGER for all personnel costs and equipment, including tables and chairs, associated with the gala, such costs to fae consistent with such fees and costs chargod by MANAGER for similar events including added fees to equipment rented by MANAGER for an MTW event. Alt standard terms and conditions relating to the service of food and beverages shall apply. 16. ADVERTISING. LESSEE agrees that a!! printed material, advertising matter, posters, pictures, arid programs made in connection with the event/performance covered by this Agreement wilt include LESSOR'S and MANAGER'S iogo, name (North Shore Center for the Performing Arts in Skokie), address, and phone number (847-673- 6300), website (www.NorihShoreCenter.org), and must be proofQd by MANAGER. Under no circumstances shall LESSEE print any materials or do any adveriisiny for said event until MANAGER has received a fully executed Agreement. The use of the names "Centre East" or Northlight Theatre is strictty prohibited, 17. MERCHANDISE SALES. MANAGER specifically reserves the right to license any and ail concessions, including, but not limited to. confections. candies, gum, beverages, drinks, a!l a!coho!, food, ice cream, souvenirs, records and programs. On those items that MANAGER spedficalty grants concession rights, MANAGER'S concessionsire will detennine, in its sole (tiscretiun, the percent to be divided among Parties. MTW shall be permitted to sell novellies in association with its pGrformances and may keep 100% of the revenuns provided that MTW is solefy responsible for: 1) aii necessary staffing for such sales; 2) providing change bank for cash safes; and 3) any sates tax due. The Parties agree that the sales Socation for perfomnances in the North Theatre wit! be in the North TheatrB Inn^r Lobby and that the sales location for performances in the Center Theatre witl be adjacent to aisle two or other mutually agreeable tobby locaiion. MANAGER will provide tabies for novelty sales, but MTW must provide any table linens or display apparatus. MANAGER is not responsibiy for the security of unalfendcd novelties, LESSEE may not contracl with an outside source for (umishing novelties wilhout written permission of MANAGER which permission shal! not be unreasonably withheld. Tho permission granted under this paragraph for novelties specifically yxdudes ail food and beverage items. In the event that LESSEE shali sell any concessions without permission of MANAGER LESSEE shall be charged a fee of thu greater of twenty-ftvo percent (25%) oi gross receipts or Two Hundred Fifty Doliars ($250.00), not as a penalty, but as liquidated damages. 18. PROMOTIONS AND RAFFLES. No samples of food, beverage, or any product may be distributed without prior written approval of MANAGER. LESSEE may hoid no raffics without prior writton approval of MANAGER which approva! sh£)!l not be unreasonably wilhhejd. LESSEE shail procure, at its sole expense, alt permits required by the VILLAGE and any other governmental authoriiy for the holding of a raffle in the leased premises and provide evidence to MANAGER of such permits, q Page 39 of 84 VOSDOCS-#597748~v1 - Resolution_Approving_VenuWorks_ManagemenL&_Programming^Agreement_North_Shore_Center_for_the_Performing_Arts  19. INTELLECTUAL PROPERTIES. LESSEE wilt assume all costs arising from the use of patented, trademarked, franchised or copyrighted music, materials, devices, processes or dramatic fights or intellectual properties used on or incorporated in the evcnt/performance, including but not limited to a)l royalties, ficenses, and use fees. LESSEE agrees to indemnify, defend and hold harmless LESSOR and MANAGER from any claims or costs, including legal fees, which might arise from use of any such material described above except to the extent caused by the acts or omissions of MANAGER or LESSOR. MANAGER maintains a music licensing agreement with BMI and a deduction from box office proceeds wilt be made at settlement for music rights on applicable shows. 20. BROADCAST RIGHTS. MANAGER reserves alt radio and television broadcast rights to all activities in the Theatre, except as may be specHicaily excepted In writing by MANAGER. 21. TECHNICAL REQUIREMENTS. LESSEE shall provide MANAGER, at least fourteen (14) days before the event/performance, a full and detailed out!ine of a!l technical requirements, including stage, hall, and chair requirements and at! such other information as may be required by MANAGER concerning the ovent/performance. The maximum sound leve! allowed in Ihe theatre is 96db. 22. DOOR OPENING. Unless otherwise agreed upon by the Parties, doors will open to the pubtic thirty (30) minutes prior to performance. 23. BUILDING SERVICES. MANAGER and LESSOR agree to furnish gonerai lighting from the permanent fixtures, outlets and equiprrient in the building, heat and air conditioning, water for normal usage as now instailed in the building and normal janitoriat services and to maintain sasd facilities In good operating condition at all times at LESSOR'S solo cost and oxpenso. LESSEE shall comply with all reasonable requests made by MANAGER and LESSOR concerning operations, health and safety of the building including but not limiteci to storage of LESSEE'S property and use and storage of Hammable materials. 24. REMOVAL OF PROPERTY, in the event that the Theatre is not vacated by LESSEE when herein specified at the end of the Term, thon MANAGER is hereby authorized to remove from the Theatre, at Ehe expense of LESSEE, al! goods, wares, merchandise and property of any and ali kinds and description placed therein by LESSEE and which may be then occupying the same. and neither LESSOR nor MANAGER shat! be liabSe for any damages or loss to such goods, wares, merchandise, or property, which may be sustained either by reason of such removal or because of the place to which it may bo removed, and LESSOR and MANAGER are hereby expressly released from any and ail such clciims for damages. 25. COMPLIANCE - LICENSE AND PERMITS. LESSEE shall use and occupy the Theatre in a safe and careful manner and shall compiy with ali Saws, ruies, regulations and ordinances of LESSOR, and the state, county or governmenta! authority controlling or governing the designated premises or the operation therein. LESSEE shall use Ehe Theatre solely for the Productions, and shaft not permit the Theatre, or any part 10 Page 40 of 84 VOSDOCS-#597748-v1. Resoiution_Approving_VenuWorks_ManagemenL&_Programm[ng_Agreement_North^Shore_Center_for_the_Performing^rts  hereof, to be used for any unlawful or immoral purpose or in any manner as to injure any part of LESSOR or MANAGER; and upon termination of this Agreement LESSEE shall deliver up to LESSOR the Theatre in good condition and repair subject to ordinary wear and tear as (he same shatl be found at the beginning of the Term hereof, excepting only losses by perils covered by LESSOR'S or MANAGER'S Fife and extended coverage insurartce for which subrogation has been waived by the insurer. LESSEE agrees to provide, at its expenses, alt necessary licenses and permits required in accordance with law for the use of the Theatre as herein provided. 26. RIGHT OF ENTRY. LESSOR, MANAGER and their respective officers, agents and employees reserve the right to enter upon and to have free access to Ihe Theatre at any and all times provided that such entry does not interfere with LESSEE'S use of the Theatre as permitted in this Agreement, or during rehearsals and Productions (or inspection purposes or in response to emergency matters. 27. INSURANCE. LESSEE shall furnish MANAGER with a certificate of insurance showing that there is in effect, and wit! remain in effect thrnughout the Term of this Agreement, occun-ence basis liability insurance naming LESSEE, MANAGER and LESSOR as insurecfs, with a combined smgie limit of not fess than one million fh/o hundred thousand dollars $ 1,500,000 for bodily in|ury and coverage or a combination of premises/operations and contractual insurance coverage. If LESSEE is involved in any way in the preparation, distribution, or serving of foodstuffs and/or beverages, products liability coverage must also be provided, LESSEE agrees to provide the required Certificate of Insurance to MANAGER not fewer than (en (10) days prior to the commencement of the Term. The fo!!owing organizations must be Sisted ay additional insured's: (1) The North Shore Center for the Performing Arts in Skokie; (2) Professional Facilities Management, Inc.; and (3} Village ofSkokie. 28. INDEMNtFICATlON. Except to Iho extent arising from the willful and wanton misconduct of LESSOR, MANAGER or Iheir officers, employees and agents, LESSEE shall defend, indemnify and hoid LESSOR, MANAGER and their respective officers, employees and agents harmless from any and all tiabiiity, daims^ suits, judgments, damages or costs (including reasonable attorneys' fees and expenses) to the extent arising out of any injuries or deaths of persons or loss of or damage to property occurring during the Term of this Agreement in or about the CENTER which are caused by the negligence or willful and wanton misconduct of LESSEE, its officers, empfoyees or agents. This indemnification will surviVR {ermination of this Agreement, Except to the extent arising from the willful and wanton misconduct of LESSEE or its officers, employees and agents, LESSOR and MANAGER shall defend, indemnify and hold LESSEE and its officers, employees and agents harmless againsl and from any and al! liability, claims, suils, judgments, damages or costs (including reasonable attorneys' fees and expenses) to the extent arising out of any injuries or deaths of persons or loss of or damage to property occurring during Ihe Term of this Agreement in or about the CENTER which are caused by [he negligence or wiliful and wanton misconduct of LESSOR, MANAGER or their respective officers, employees and agents This indemnificatiun will survive termination of this Agreement, Page 41 of 84 VOSDOCS-#597748-v1 - Resolution_Approving_VenuWorks_Management_&^Programming_Agreement_North^Shore_CenterJorJhe_Perfonning_Arts  29. LIMITATION OF UABILIT/. Neither LESSOR nor MANAGER shall be liable for any damage to LESSEE'S property occasioned by failure to keep the Theatre in repair, nor shall it be liable for any damage resulting from piumbing, gas, water, steam, sewage. heating, air conditioning or electrical equipment, or water damage from bursting or leaking pipes or equipment or from building leaking at seeping, uniess writien notice has been given to the LESSOR at least 24 hours in advance. LESSEE affirms that it maintains and will continue to maintain its own property and property damage insurance during the Term of this Agreement. 30. RISK OF LOSS. LESSEE assumes ail risk and responsibility for damage to and loss by theft or otherwise of the fixtures, appliances, or other personal and regular property of the LESSEE, and LESSEE'S exhibitors, contestants and those contracting with LESSEE, as well as employees thereof. LESSOR and MANAGER are hereby expressEy released and dischargod from any and alt tiability for any such toss to LESSEE. 31. AGENTS AND CONTRACTORS. LESSEE shaii notify MANAGER of a!) contractors and agents having use of the Theatro, including decorators and other service providers or agencies employed by LESSEE. LESSOR, following consuHation with LESSEE, may, in LESSOR'S sole discretion, may ban the use of certain contraciars, agents, and/or service providers. 32. SAFETY PROVISIONS. LESSEE shall not, without th6 written consent of MANAGER, put up or operate any engine or motor, or machinery in the Theatre, or use oils, explosives, burning fluids, camphene, Kerosene, naphtha. or gasoline for either mechanical or other purposes. LESSEE further agrees that ajf decorative material including floor covering usod in the Thealre must be flameproof and that the final determination of ati matters involving safety shall be rosoived by the MANAGER. 33. DISRUPTIVE PERSONS. MANAGER reserves fhe right to eject or rau-se to be ejected from the Theatre any disruptive person or persons, E.e,, persons causing disturbance, disruption, or life hazard to the event aixi/or to patrons, or to officers, agents or employees of MANAGER, and neither LESSOR nor MANAGER nor any of their respective officers, agents or employees shall be liable to LESSEE for any damage that may be sustained by LESSEE through the exercise by MANAGER of such right provided such exercise is undertaken in a reasonable manner 34. ANNOUNCEMENTS. MANAGER resen/es ihe right to make any announcemenls, as MANAGER may deem necessary at any time in the interest of public safety. LESSEE agrees that it will cooperatH and will cause its agents and performers to cooperate with the deliver/ of such announcements for public safety, including but not limited to announcements to require patrons to return to their seats. 35. INTERRUPTION OR TERMINATION OF SHOW. MANAGER shall retain the right to cause the interruption of any event/performance in the interest of public safety. and (o likewise cause the termination of such event/performance when, in the sole reasonable Judgtnent of MANAGER based on facts known at that time, such act is 12 Page 42 of 84 VOSDOCS-#597748-v1- Resolution^_Approving_VenuWorks_Management_&_Programming^Agreement__North_Shore_Center_for_the_Performing_Arts  necessary in the interest of pubSic safely. 36. NONDISCRIM1NATION. LESSEE, LESSOR and MANAGER shall nol discriminate against any employee or any applicant for employment because of race, religion, national origiEi. or disability, and further agrees to likewise not discriminate for those same reasons against any persons relative to admission; services or privileges offered to or enjoyed by the general public. 37. FORCE MAJEURE. LESSOR may interrupt the activities governed by this Agreement as a result of Acts of God or govemmentat authority, pandemic, epidemic, or communicable disease, strikes or labor disputes, accident, ftood, fires or other loss of facilities, iack of adequate fuel, power, labor, or transportation facilities, or any other cause, whether similar or dissimilar, beyond the reasonable controt of LESSOR, These are the defined ovenls at force majeuro, and either party's obilgations under this Agreement shaf! be suspended to the extent they cannot be performed due to such events or should such events cause restrictions in the occupancy capacity of the Theatre such that a production is financially not (easibte. if LESSOR defermines that it cannot safely provide the Theater io LESSEE for any or all of tho Term of this Agreement, LESSOR shall refund, or, as the case may be, release LESSEE from liability for payment for the prorated portion of the Term for which the Theatre was made unavailabte because of such Force Majeure. 38. TERMtNATtON. LESSOR rescues the right to terminate this Agreement for breach of (he Agreement by LESSEE^ provided LESSOR has complied with the other requirements of this Paragraph, tf LESSOR determines that LESSEE has breached any term of Ihis AgrGement, LESSOR sliatl provide LESSEE with written notice of the breach with sufficient information for LESSEE to understand the breach, and IRSSEE shalt have ten (10) business days after receipt of such notice to cure its breach. LESSOR shall be entitled lo immediately terminate this Agreement if the noticed breach continues after the ten (10) business day notice. LESSOR shall retain al! other rights under Saw or equity in addition to ils right io tenninate this Agreement for breach of the AgreemenL LESSEE reserves the righ! to terminate this Agreement for breach of the Agreement by LESSOR, provided LESSEE has compiied with the olher requirements of this Paragraph. tf LESSEE detsrmines that LESSOR has breached any term of this Agreement, LESSEE shall provide LESSOR with written notice of the breach with sufficient information for LESSOR to understand the breach, and LBSSOR shall have ten (10) business days after receipt of such notice to cure its breach. LESSEE shall be entitled to immediately terminate this Agreement H the noticed breach continues after the ten (10) business day notice, LESSEE shall retain all other rights under law or equity !n addifion to its right 1o terminate this Agreement for breach of the Agreemonl. if LESSEE cancels its evenVperfonmance or changes the event date for any reason other than a breach of this Agreement by LESSOR, LESSEE shaii pay any Rent due and pay to the LESSOR ali other costs incurred atid/or associaied with said event/perfomnance. 39. COLLECTION PROCEEDINGS. Any funds duo to LESSOR or MANAGER by LESSEE shall accrue interest beginning as of ten (10) days after notice of the amount due has boon provided to LESSEE. Interest shall accrue at a rate often (10) }} Page 43 of 84 VOSDOCS-#597748-v1 - Resolut!on_ApprovJng_VenuWorks_Management_&_Programming_Agreement^North_Shore_CenterJor_the_Performing_Arts  percent per annum. Should it become necessary for LESSOR or MANAGER to begin coilection procedures in order to recover any funds due to LESSOR or MANAGER pursuant to this agreement, LESSEE shall pay all cotiection expenses and costs reasonably incurred therefore, 40. RELATIONSHIP OF PARTIES. LESSEE, LESSOR and MANAGER are responsible for their respective Worker's Compensation Insurance for their company personnel. The relationship between the Parties is that of LESSOR and LESSEE onty, and this Agreement shall not in any way be consUued so as to create a partnership, or any olher kind of joint undertaking or venture between the Parties hereto. 41. SEVERABtLITY. \i any provision of this Agreement, or the application of such provision or circumstance, is or shall become illegal or invalid, iho remainder of this Agreement, or the application of such provision to persons or circumstances other than those heki invalid, shall not be affected thereby. 42. MANAGEMENT DISCRETION. Any decision affecting any matter not herein expressly provided for shall rest solely within the discretion of LESSOR provided that such discretion shall at all times be exercised in a reasonable and timely manner. 43. NOTICES. All notices hereunder shall be in writing,, sent in the following manner, and shail be deemed to have been received on: (i) the date Ihyt such notice is personally delivered, or sent by email, provided that proof of delivery is received by the sender and a confirmation copy of the notice is sent by regular mail and received by the party being notified; (fJ) the third day following the date such notice is sent by registered or certified mail. return receipt requested, postage prepaid; or (iii) the date fotiowing the day it was sent by a recognized overnight delivery service lo LESSOR, MANAGER. or LESSEE at the addresses set forth below or at such other address as designated by notice hereunder, proof of delivery requested: If to LESSOR or MANAGER: North Shore Center for ihe Performing Arls in SkoMe 9S01 Skokie Boulevard Skokle, IL 60077 ATTN; Michael Paul<en. General Manager mpauken@NorthShoreCenter.org With a copy to: Village of Skokie 5127 Oakton Street Skokie, It- 60077 ATTN- Mtchacl M. lorge Corporation Counsel It to MTW: Music Theater Works 5164th Street Wilmette,tL 60091-2829 Atin: Producing Ariistic Director Page 44 of 84 VOSDOCS-#597748-v1 • Resoiution_Approving_VenuWorks_Management_&_Programming_AgreemenLNorth_Shore_Center_forJhe^erform!ng_Arts  With a copy to; Music Theater Works 516 4th Street WilmGtteJL 60091-2829 Attn: Board President 44. ASSIGNMENT. This Agreement may not be assigned by MTW or MANAGER without VILLAGE'S consent, and any such attempted assignment shall be void and of no effect VILLAGE may assign the rights and obligations of MANAGER to a successor manager reasonable designated by VILLAGE in its soie discretion. 45. ENTIRE UNDERSTANDING. This Agreement, including the Attachments. constitutes the entire understanding and agreement between the Parties and supersedes all prior and contemporaneous promises, agreements and understandings, whether written or oral, pertaining to the subject matter of this agreement, This Agreement cannot be changed orally. This Agreement can only b& changed or revised by written instrument signed by ati Parties. 46. CHOICE OF LAW. This Agreement shall be construed, governed and interpreted pursuant to the \'aws of the State of Illinois and the Parties hereto submit and consent to the Jurisdiction of the federal and state courEs of the State of Illinois located in Cook County, Illinois, in any action brnughl So enforce (or otherwise relaling to) this Agreement. IN WITNESS WHEREOF, the Parties have executed this Agreement as o1 the Effective Date sol forth above. LESSEE LESSOR ft/IUSiC T ORKS VILLAGE OF SKOKIE By: By: ,„ Kyte A. Dougan John T. Lockerby Its: Produdng Artistic Director Its: Viilags Manager MANAGER PFM/NORTH SHORE CENTER FOR THE PERFORMING ARTS IN SKOKIE By; Michael G. Pauken Us: General Manager !5 Page 45 of 84 VOSDOCS-#597748-v1- Resolution_Approving_VenuWorks_Management_&_Programming_Agreement_North_Shore_Center_for_the_Performing_Arts  ATTACHMENT 1 RENT SCHEDULE 2021-22 Rental rates: Launch Show: 2 weeks - Kent Free (provided, any such Launch Show shaf! be Rent Free regardless of when the Launch Show occurs) Show 1: 3 weeks x $7,000 =$21,000 (tcss one week free if load-in begins on August 9, 2021 = $1/1>000) Show 2: 5 weeks x $2,500 ^$12,500 Show 3: 4 weeks x $7,000 = $28.000 (less two weeks free ifload-in begins on December 13, 2021 = $14,000) Show A: 5 weeks x $2.500 ^$12.500 Show 5: 5 weeks x $2,500 ^$12.500 Total annual Rent = $86,000 (less $21,000 waiver noted above =- $65.000 iotal annua! rent) Beginning an February 1, 2023,and for each subsequent year. Rent wili be increased as outined in Paragragh 5 herein. NOTE: Rental rates are based on a maximum of six (6) performances per week (either theatre) including previews with the muiuat understanding that holidays or other factors may necessitate adjusting the schedule so that one week of a production may have more than six (6) performances while an adjacent week may havf less. In such circtimsfances there would be no adjustments to Rent. AddHtona! performances wilhin the contracted weeks would be by mutual agreement and would result in additional utiiitEes and cleaning charges as agreed to by the Parties. 16 Page 46 of 84 VOSDOCS-#597748-v1 - Resolution_Approving_VenuWofks_Management_&_Programming_Agreement_North_Shore_CenterJorJhe_Performing_Arts  ATTACHMENT 2 PRODUCTION SCHEDULE SHOW .5 (2021) TBD Theatre Should (he following dates not be feasible due to the avaiiability of the Theater as determined by LESSOR, then alterantive mutually acceptable dates shall be set Rent Free as set forth on Attachment 1 Rent Schedule. Monday 15-Jun Load-in Tuesday 16-Jun Toch/Rehearsals Wednesday 17-Jun Tech/Rehearsafs Thursday 18Jun Group Preview Friday 19-Jun Performance (Ser 1) Saturday 20-Jun Performance (Ser2) Sunday 21-Jun Performance (Ser 3} Monday 22-Jun off Tuesday 23-Jun off Wednesday 24-Jun Performance (Ser4) Thursday 25.-Jun Performance Friday 26-Jun Performance Saturday 27-Jun PerfoimancB (Ser 7}(Ser 5) Sunday 28-Jun Performance (Ser 6) 17 Page 47 of 84 VOSDOCS-?597748-v1. Resolut!on_Approving_VenuWorks_Management_&_Programming^Agreement_North_Shore_CenterJor_the_Performing_Arts  SHOW 1 (2021) Center Theatre Monday 9-Aug Load-in Tuesday 10-Aug Load-in Wednesday 11-Aug Load-in Thursday 12-Aug Tech/Rehearsals Friday 13-Aug Tech/ Rehearsals Saturday 14-Aug Tech/Rehearsals Sunday 15-Aug Tech/Rehearsals Monday 16-Aug Work call Tuesday 17-Aug Tech Rehearsals Wednesday 18-Aug Tech Rehearsals Thursday 19-Aug Preview Friday 20-Aug Preview Saturday 21-Aug PerformancB (Ser 1) Sunday 22-Aug Performance (Ser 2) Monday 23-Aug off Tuesday 24-Aug off Wednesday 25-Aug Performance (Ser 3) Thursday 26-Aug Performance Friday 27-Aug Performance (Ser4) Saturday 28-Aug Performance x2 (Ser 7) (Ser 5) Sunday 29-Aug Performance (Ser 6) Monday 30-Aug Strike/load-out Tuesday 31-Aug optional week Wednesday 1-Sep optional week Thursday 2-Scp optional week Friday 3-Sup optional week Saturday 4-Sep optional week Sunday 5-Sep optional week Monday 6-Sep options! week/strike 1K Page 48 of 84 VOSDOCS-#597748-v1- Resoiution_Approvmg_VenuWorks_Management_&_Programming_Agreement_North_Shore^CenterJorJhe_Perfonning_Arts  SHOW 2 {2021) North Theatre Monday 11-Oct NL Load-out Tuesday 12-Oct Load-Jn Wednesday 13-Oct Load-in Thursday 1-1-Oct Tech/Rehearsals Friday 15-Oct Tech/Rehearsals Saturday 16-Oct Tech/Rehearsals Sunday 17-Oct Tech/Rehearsals Monday 18-Oct Work calt Tuesday 19-Oct Tech Rehearsals Wednesday 20-Oct Tech Rehearsals Thursday 21-Oct Preview Friday 22-Oct Periormance Saturday 23-Oct Performance x2 (Ser 7) (Ser 1) Sunday 24-Oct Performance (Ser2) Monday 25-Oct oft Tuesday 26-Oct off Wednesday 27-Oct Performance (Ser 3) Thursday 28-Oct Off Friday 29-Oct Performance (Ssr 4) Saturday 30-Oct Performance x2 (Ser 5) Sunday 31-Oct Performance(Sef 6) Monday 1-Nov off Tuesday 2-Nov off Wednesday 3-Nov Performance Thursday 4-Nov Off Friday 5-Nov Performance Saturday 6-Nov Performance x2 Sunday 7-Nov Perfonnance (Ser 2 or 6} Monday 8-Nov off Tuesday 9-Nov olf Wednesday 10-Nov off Thursday 11-Nov Performance Friday 12-Nov Performance Saturday 13-Nov Performance x2 Sunday 14-Nov Psrfnrmanco Monday 15-Nov Strike 10 Page 49 of 84 VOSDOCS-#597748-v1. Resolution_Approvlng_VenuWorks_Management_^Programming_Agreement_North_Shore_Center_for_the^Performing_Arts  SHOW 3 (2021-22) Center Theatre Monday 13-Doc Load-in Tuesday 14-Dec load-in Wednesday 15-Dec Load-in Thursday 16-Dec Tech/Rohearsals Friday 17-Dec Tech/Rehearsals Saturday 18-Dec Tech/Rehearsals Sunday 19-Dec Tech/Rehearsais Monday 20-Dec Work call Tuesday 21-Dec Tech Rehearsals Wednesday 22-Dec Tech Rehearsals Thursday 23-Dec Preview Friday 24-Dec Preview Saturday 25-Dec off Sunday 26-Dec Performance x2 (Ser 1) Monday 27-Dec off Tuesday 28-Dec Performance Wednesday 29-Dec Performance Thursday 30-Dec Performanco Friday 31-Dec Performance (Ser 2) Saturday 1-Jan Periormancs (Ser 3) Sunday 2-Jan Performance (Ser 4) Monday 3-Jan off Tuesday 4-Jan off Wednesday 5-Jan off Thursday 6-Jan Performance (Ser 4) Friday 7-Jan Performanc&i (Ser 5) Saturday 8-Jan Performance (Ser 6) Sunday 9-Jan Performance (Ser 7) Monday 10-Jan Sirike/Load-out Tuesday 11 "Jan optional week Wednesday 12 Jan optional week Thursday 13-Jan optional week Friday U-Jan optional week Saturday 15-Jan optional week Sunday 16 "Jan optional week Monday 17-Jan optional week strike 20 Page 50 of 84 VOSDOCS-#597748-v1 - Resolution_Approv[ng_VenuWorks^anagemenL&^Programming_Agreement^North_Shore_Center_for_the_Performing_Arts  SHOW 4 (2022) North Theatre Monday 28-Feb NL Load-out Tuesday 1-Mar Load-in Wednesday 2-Mar Load-in Thursday 3-Mar Tech/Rehearsafs Friday 4-Mar Tech/Rehearsafs Saturday 5-Mar Tech/Rehearsals Sunday 6-Mar Tech/Rehearsals Monday 7-Mar Work call Tuesday 8-Maf Tech Rehearsals Wednesday 9-Mar Tech Rehearsals Thursday 10-Mar Preview Friday 11-Mar Performance Saturday 12-Mar Performance x2 Sunday 13-Mar Performance Monday 14-Mar off Tuesday 15-Mar off Wednesday 16-Mar Performance Thursday 17-Mar Off Friday 18-Mar Perforrnanco Saturday 19-Mar Performance x2 Sunday 20-Mar Performance Monday 21-Mar oft Tuesday 22-Mar off Wednesday 23-Mar Performance Thursday 24-Mar Off Friday 25-Mar Performance Saturday 26-Mt:tf Performance x2 Sunday 27-Mar Performance Monday 28-Mar off Tuesday 29-Mar off Wednesday 30-Mar Performance Thursday 31-Mar Off Friday 1-Apr Performance Saltirday 2-Apr Performance x2 Sunday 3.Apr Performance Monday 4-Apr Strike 21 Page 51 of 84 VOSDOCS-#597748-v1- Resolution_Approving_VenuWorks_Management_&_Programming_Agreement_North_Shore_CenterJor_the_Performmg_Arts  SHOW 5 (2022) North Theatre Monday 23-May NL Load-out Tuesday 24-May Load-in Wednesday 25-May load-Jn Thursday 26-May Tech/Rehearsafs Friday 27-May Tech/Rehearsals Saturday 28-May Tech/Rehearsals Sunday 29-May Tech/Rehearsals Monday 30-May Work call Tuesday 31-May Tech Rehearsals Wednesday 1-Jun Tech Rehearsals Thursday 2-Jun Preview Friday 3Jun Pertomnance Saturday 4-Jun Performance x2 Sunday 5-Jun Performance Monday 6-Jun off Tuesday 7- J un off Wednesday 8-J un Performance Thursday 9-J un Off Frklay 10-Jun Performance Saturday 11-Jun Performance x2 Sunday 12-Jun Performance Monday 13-Jun off Tuesday 1/1 -Jun off Wednesday 15-Jun Performance Thursday 16-Jun Off Friday 17-Jun Performance Saturday 18-J un Performance x2 Sunday 19-Jun Performance Monday 20-Jtjn off Tuesday 21-Jun off Wednesday 22-Jun Performance Thursday 23-Jun Off Friday 24-Jun Performance Saturday 25-Jun Performance x2 Sunday 26-Jun Performance Monday 27-Jun Strike Page 52 of 84 VOSDOCS~#597748-v1- Resolution_Approving_VenuWori(s_Management_&_Programming^Agreement_North_Shore_Center_for_the_Performing_Arts  ATTACHMENT 3 PERSONNEL COST SCHEDULE A!l rates for labor, including but not limited to stagehands, house managers, security, and traffic control at the North Shore Center are adjusted each year on September 1. The rates in effect through August 31, 2021 are: Stagehands $24.60 per hour + 25% overhead and benefits ($30.75 totai) House Manager $26.00 per hour inctusive of overhead Ticket Taker/Usher $16.00 per hour hum inclusive of overhead Security $28.00 per hour hour inclusive of overhead Traffic Contra) $28,00 per hour hour inclusive of overhead The above rates are subject to an increase of no more than 2% per year effective on September 1 of each year for the duration of the agreement. Minimum woik cat! is four hours. Overtime begins after eight working hours per day or forty working hours per week psr employee. OvertimG is paid at 1,5 times the regufar rate. Three days (72 hours) notice is required prior to the start of a shift to canco! without obligation, 2;i Page 53 of 84 VOSDOCS-#597748-v1- Resolution_Approvmg_VenuWorks_Management_&_Programm!ng_Agreement_North_Shore_Center_for_the^Performing_AFts  Exhibit E AGREEMENT OF VILLAGE OF SKOKIE WITH NORTHUGHT THEATRE This Agreement is entered into this_dayo-f_, 2021, (hereinafter "Agreement) by and between the VILLAGE OF SKOKIE, a home rule municipal corporation (hereinafter "VILLAGE") and NORTHLIGHT THEATRE, a not-for-profit corporation, formed under the laws of the State of Hlinois (hereinafter "NORTHUGHT") wth the terms, obligations and commitments as set forth betow. WHEREAS, this Agreement is for performance and other space in the North Shore Center for the Performing Arts in Skokie (hereinafter "NSCPAS"), which was previously operated by the CENTRE EAST METROPOLITAN EXPOSITiON, AUDITORIUM, AND OFFICE BUILDING AUTHORITY (hereinafter "AUTHORITY"), formally a unit of focal government as defined by Article Vil, Section 1 of the Constitution of the Slate of iHinoss and exist pursuant to the Centre East Civic Center Act, Chapter 270, Article 5, et. seq. of the lliinois Compiled Statutes (1992); and WHEREAS, the AUTHORITY no longer exiats as an entity and the ownership and operations of CENTRE EAST is now solely under the auspices of the VILLAGE which has assumed all responsibilities and claims of the AUTHORiTY; and WHEREAS, NORTHLIGHT is an Illinois not-for-profit corporation with decades of experience (n producing theatrical shows in Chicago; and WHEREAS, it is VT\Q VILLAGE'S municipal purpose and authority to arrange, finance, operate and maintain adequate civic center facilities within the Village of Skokie for presentation of cultural and educational events. theatrical and sports events and exhibits as well as. other activities, and to lease, construct. equip, operate and maintain buildings for such purposes as permitted by law: and WHEREAS, NORTHLiGHT is desirous of using VILLAGE'S facilities as its location for producing and presenting its theatrical wor(<s of art; and WHEREAS, the VILLAGE needs a broad range of event programming to serve the interests of the citizens for the successful operation of the NSCPAS; and WHEREAS, NORTHUGHT is a professional theater organization that produces high quality theater productions and fs committed to maintaining high quality and professional standards for the theatrical works: and WHEREAS, NORTHLiGHT is desirous of functioning as a resktent producing theater organization at the NSCPAS for the purpose of providing theater programs to the community; and WHEREAS, it is the intent and desire of Ihe VILLAGE that NORTHLIGHT be a resident producing theater organization and work with the VILLAGE in all ways possibfe to make the NSCPAS a benefit for the community; Page 1 of 25 Page 54 of 84 VOSDOCS-#597748-v1. Resolution_Approving_VenuWorks_[Vlanagement_&_Programming_Agreement_North_Shore_Center^forJhe_Pefforming_Arts  NOW THEREFORE, in consideration of the mutual covenants and promises contained herein, the parties agree as follows; 1 RECITALS. That the representations sel forth in the foregoing recitals are material to this Agreement and are hereby incorporated inlo and made part of this Agreement as though they were fully set forth in this Paragraph 1. 2 RESIDENT ORGANIZATION. NORTHUGHT is designated a resident organization of the NSCPAS for the production of theatrical works of art.but such designation is not exclusive, 2.1 This right to produce theatrical works of arts shall not be an exclusive right for Ihe NORTHL1GHT. 2,2 The NSCPAS shall be NORTHUGHTS principal location for producing theaUica! works of arts, NORTHLIGHT shall only produce annual seasons of events at other locations if NORTHUGHT'S obligations herein are fuitilled or with the writien approval of the VILLAGE. 3 DEF)N!IIO!MS. The following words or phrases shall have the following meaning unless the content or the use indicates another or different meaning or intent: 3.1 ACT; The Centre East Civic Center Act contained in Chapter 270. Articts 5, Illinois Compiled Statutes (1992) and as may be amended from time to time. 3.2 CHIEF OPERATINQ EXECUTIVE: The VILLAGE employee or management company who is responsible far the business and administEative affairs of ihe VILLAGE and the operation of the NSCPAS facilfties {hereinafter "COE"). 3.3 NORTH SHORE CENTER for the PERFORMING ARTS JnLSj-COKiE: The structure(s) including ati site improvement and parking to be operated as a cultural arts or other public assembly facility pursuant to the duties derived by the VILLAGE from the Act, or any portion thereof (hereinafter "NSCPAS"). 3.4 COMMUNITY The area and resklents of the Viliage of Skokie, NJEes and Evanston Township and general metropodtan Chtcago. 3.5 ENDOWMENT: Trust and/or reserve funds established to provide ongoing source of operating support to the VILLAGE and the NSCPAS. 3.6 EVENLOjA^ A calendar ctay thai the NSCPAS is being used for an event with one or more performances taking place. 3.7 FOUNDATION: The NSCPAS Foundation, a 501c3 not-for-profit organization created for the purpose of raising contributed support to the NSCPAS k>r capital, endowment or special programming purposes. 3.8 MAIN THEATER: An 867-seat theater or performance space, Page 2 of 25 Page 55 of 84 VOSDOCS-#597748-v1- Resolution_Approving_VenuWorks_Management_&_Programming_Agreement_North_Shore_Center_for_the_Performing_Arts  3,9 MASTER CALENDAR; The official scheduie and record for dates, limes and spaces for events that use the NSCPAS. 3.10 NORTH THEATER: An approximate 318-seat theater performance space. 3.11 PERFORMANCE: A single showing or staging of an event, or a period of time when officiai activity of an event is taking place. 3.12 PERFORMING ARTS or ARTS: Live artistic expressions done for the entertainment or viewing enjoyment of others, such as music, dance, soio or group performances, theater or opera. 3,13 PRESENTING; The process whereby an organization, indivkjual or entity undertakes an entrepreneurial effort by hiring or contracting the services of professiona! artists or entertainers for a fee. organizing a promotion and marketing campaign, and assuming all financial responsibility. 3.14 PRQDHQINI^: The process whereby an organijzation. individual or entity creates an event, hiring the performeis or arlists, rehearsing and directing the show. and finally staging the event for public performance, assuming all financiat responsibility for the event. 3.15 PRODUCTION; An individual attraction, work of performing art or use of the facility by an entity, also commonly referred to as an event. 3.16 RENTAL: A use of the NSCPAS by a Renter. 3.17 RENTER: An individual, organization or entity that contracts for the use of Ihe NSCPAS by paying to the VILLAGE 3 basic fee, plus fees and/or reimbursements for the service package provided. 3.18 RESlDENT_ORGAN^AJ_lQ_bf: A Renter of the NSCPAS facility on a long-term basis, whose principal office or place of business is in the NSCPAS; who participates in or provides shared services to the whole NSCPAS operation; and who has input or participation rights in planning committees for the operatton of the NSCPAS. Resident Organteation status must be officially designated by (he VILLAGE. 3.19 SEASON YEAR: A twelve-month year beginning in September and ending the following August, which approximately defines Ihe period of Urns in which NORTHUGHT'S productions ars grouped and marketed. Also referred to as the "Season". 3.20 VILLAGE: The Village of Skokie. a municipal corporation of the State of illinois. its officials and employees. Page 3 of 25 Page 56 of 84 VOSDOCS"#597748.v1. Resoiution_Approving_VenuWoi'ks_Management_&_Programming_Agreement_North_Shore_Center_for_the_Performing_Arts  3.21 VILLAGE SUPPORT: Revenue and in-kind contrifautton derived from the VILLAGE. However, this shafl not include payments to the VILLAGE for the actual use of the facilities for events. 3.22 ^/EEK: A week shall mean a seven consecutive day period of time beginning on a Monday. NORTHUGHT OBLIGATtONS. 4,1 NORTHLIGHT shall be responsible for developing an annual season of theater events, which will provide audiences with a variety of (heater opportunities. 4.2 The VILLAGE shall guarantee to NORTHUGHT up to five (5) seven-weeR blocRs of time in the NORTH THEATER commencing with the Season Year beginning September 1, 2021 inclusive of loact-m, technical rehearsals, performances, and load-oui Additional weeks may be requested and will be approved when available. A week is defined as Monday through Sunday, with the exception that on the first Monday of each load-in period, access to the stage is not guaranteed until 12:00 noon and that load-out or cleaning rdated to the prior production may continue iater into the day in non-stage areas associated with the NORTH THEATER. 4.2.1 T}ie VILLAGE shal! guarantee to NORTHLIGHT that the five blocks of time made available lo NORTHLIGtiT each season through the initial Tetni of this Agreement (the 2023/24 season) shall be on a comparable schedule to the 2021/22. Tho VILLAGE shall make best efforts to maintain such a schedule for the extension years of the Agieement. 4.2.2 The Approved schedufe for each production shall be finalized and agreed to by the VILLAGE and NORTHLIGHT no later than November 30 for each subsequent season year, after which the agreed upon dates shall not be pre-empted. If NORTHLtGHT wishes to abandon parts, in excess of two consecutive weeks in length, of the agreed-upon schedule after November 30, NORTHLIGHT must provide 120 days' notice, and otherwise shall pay in full rent and all its financial responsibitllies associated with the previously agreed upon schedufe. 4.2.3 If suitable dates are not available to NORTHIIGHT. NORTHLIGHT may choose to present one or more productions at an alternate site. ShoukJ NORTHL1GHT exercise this option, the VILLAGE shall have the right to rent the NORTH THEATER to another user or present its own programs during time not used by NORTHLIGHT. 4.2.4 When the NORTH THEATER is not rented to other users, NORTHUGHT may request permission to begin loacf-in prior to offtcia) occupancy dates for no additional rent. Page -1 of;5 Page 57 of 84 VOSDOCS-#597748-v1- Resolution_Approving_VenuWorks_Management_&_Programming_Agreement_North_Shore_Center_for_the_Performing_Arts  4,3 NORTHLiGHT shall create an implement plans or systems to package tickets and market its season of events and performances, including necessary sponsorships for the events NORTHUGNT is producing. 4,4 NORTHLIGHT shall be responsible for the hiring and compensation of its own employees and volunteers. 4.5 NORTHLIGHT, ils agents, employees and contracting artists, and performers and their agents and employees shaf) comply with alt policies, procedures, ruies and regulatuns of all VILLAGE, State and Federal codes, ordinances, rules, regulations and procedures. 4.6 NORTHUGHT shail futly cooperate in making available at reasonable times and the VILLAGE shal! have the right, to inspect the books, records, plans and other materials ofNORTHLIGHT for which the VILLAGE has a need to know, at anytime during normal business hours, 4.7 NORTHLIGHT shall File annually with the VILLAGE no later than the last day ol the sixth month of NORTHLIGHT'S fiscal year, a copy of a certified audit and financial report on the preceding twelve (12) months of NORTHLIGHT'S operation. Such certified audit report shall include an auditor's opinion, a balance sheet, a statement of revenues, expenditures and changes in fund balance, a slatement of changes in financial position and the notes to the financtai standafds. 4.8 NORTHUGHT shall submit reports to the VILLAGE regarding the scheduling. promotion, operation of its events. and financial status as weli as any additional information the VILLAGE may request. Additionally, NORTHLIGHT shall provide the VILLAGE copy of its routinely (quarterly or after each event) produced fman&al statements. Such financial information shalt be treated as confklentiat information by the VSLLAGE. NORTHLIGRT shall subfnit an annual report summarizing this information as soon as it is prepared after (he close of each fiscal year, 4.9 The basic and general responsibilities of NORTHLIGHT shall be as enumerated on Attachment 2, which is attached hereto and made a part of this Agreement. 4.10 NORTHLIGHT shall use reasonable efforts to observe and comply at all times with any reasonable rules and rcgulstkms the VILLAGE may adopt from time to time for the NSCPAS, provided the VILLAGE shatl enforce all such rules and regulations uniformly with respect to a!l renters using the NSCPAS. Such rules shall not interfere with the content of NORTHUGHT'S artistic product, NORTHLIGHT'S OBUGATIONSAS PRODUCER. 5.1 NORTHUGHT shaH pay to the VILLAGE Rent based on the fotlowing schedule subject to annual increases as provided for herein. Page 5 of ZS Page 58 of 84 VOSDOCS-#597748-v1- Resolution_Approving_VenuWorks^Management_&_Programming_Agreement_North_Shore_Center_for_the_Performing_Arts  a, Theatre Rent at $2850 per week of occupancy including load-in. technical rehearsal and performance weeks. Performances in excess of eight per week will be charged at one-eighth of the weekly rent. If holidays make an eight- performance week unfeasible, weekly rent may be reduced on a one-eighlh pro- rata basis. Rent may not be prorated down for other schedule variances or weather-induced cancellatioits. For the avoidance of doubt, non-tickeled student matinees are conskJered performances for the purposes of cslcutaling rent. b. Rice Rehearsal Room Rent at $750 per week based on a 6-day week with NSCPAS retaining rights to the seventh day. Weekly rent may be pro-raled only for the first partial week of occupancy typscally used for stage manager rehearsal prep. c. Office Rent at S15.00 per square foot (or 2,015 square feet The square footage of space includes areas designated for exclusive use of NORTHUGHT and a 50% pro-rata share of common areas shared with NSCPAS employees. The responsibilities of the VILLAGE and NORTHLIGHT with respect to office space are delineated in new Paragraph 7.13 herein. d. Ancillary Spaces for special events or activities not expressly provided for in the Agreement shall be invoiced by the NSCPAS and paid for by NORTHLIGHT on a per-use basis. The rates lor such spaces shall be set by the NSCPAS and may be adjusted from time to time in a ressonabie matter taking into consideration changes in Ihe Consumer Price Index and the cost to provide such space. Notwithstanding anything in the foiegoing. NORTHLIGHT may continue to hold actor auditions at the NSCPAS that are related to productions to be held at the NSCPAS in the Theatre, Rice Rehearsal Room or other space as may be mutuaily agreed upon at no additional cost. e. NORTHLIGHT agrees to the implementation of at least a one dollar (S1.00) surcharge, commonly referred to as the facility fee, on tickets priced fifteen dollars ($15.00) or greater payable to the NSCPAS on paid admissions to NORTHUGHT's productions in the NSCPAS The VILLAGE and NSCPAS resen/e the right to increase the por-ticket surcharge/facility fee by up to an additional one dollar ($1,00) for any Season Year beginning with the 2022-23 season provided that such determination is reached and written notification provided to NORTHLIGHT no later than December 1 of the prior year. 5.1.1 The VILLAGE shall invoice NORTHLIGHT at the end of each month for rental of Ihe theatre, rehearsal room, offices and other ancitlaty spaces used during the preceding month and NORTHLIGHT shaft pay such invoice within twenty (20) days. tn the event that NORTHLIGHT is in default for rent obligations, upon five days written notice, the rents and direct expense due the VILLAGE may be deducted from any ticket office revenues held by the VILLAGE when payments o^ moneys due NORTHLIGHT are made. Rent for the first year or other partial season year during the Term shall be pro-rated based on a 365-day year Page & of 25 Page 59 of 84 VOSDOCS-#597748-v1 - Resolution_Approving_VenuWorks_Management_&^Programming_Agreement_North_Shore_Center_for_the_Performing_Arts  beginning when NORTHUGHT first begins to use the NSCPAS for productions. 5.1.2 Payments of surcharge amounts collected and due either party shall be made monthly. 5.1.3 The base rent shall be adjusted by increases in the Department oi Labor, Bureau of Labor Statistics. Consumer Price index for Att Urtoan Consumers in the Chicago-Naperviils-Elgin area (hereinafier "CPI") in accordance with ArticEe 6 of this Agreement. 5.1 5 in addition to the above amounts, the direct expenses incurred, supplies purchased, or other services obtained to operate their event, will be billed to NORTHLIGHT. These shall include but not be limited to stagehands to work the productions; credit card discounts applied to tickets sold without a convenience charge to the customer; ticket printing or equivalent costs, ticket offices forms or supplies Specific to NORTHLIGHT'S ticket sales; marketing and advertising costs, house manager, security, and other front of theater staff for all performances or produclions; and any equipment rented or supplies ordered specificalEy for NORTHUGHT'S productions. NORTHLIGHT shall use the VJLLAGE'S above services to the extent needed for the operation of productions and as requested by NORTHUGMT. With the exception of ticket takers and ushers said services cannot be provided by any entity or persons other than the VILLAGE or individuals working on behatf of the VILLAGE. 5.1.6 Applicabfe labor rates shall be set by the VILLAGE, but shall remain generally the same as current levels, subject to annual increases based on CP1 and changes to federal, state, or ioca! employment laws. 5,2 For each production or event NORTHLIGHT produces, the specified dates, hours and times of occupancy, and specific uses of the theater shall be determined and detailed in an annual usage aQreemenl 5,3 NORTHUGHT shall bo responsible for all financial risks associated with any events it produces and/or presents at the NSCPAS, This sMi specifically include but shal! not be timrted to the payment and/or reimbursement to the VILLAGE for amounts due. 5.4 NORTHUGHT shall have full responsibilily for and control of program content and the artistic aspects of productions which the NORTHLIGHT produces and/or presents. To the esrient the VILLAGE, or its agent co-produces a production with NORTHLIGHT. the VILLAGE and NORTHUGHT shall mutually agree on ail Page 7 of 25 Page 60 of 84 VOSDOCS-#597748"v1- Resolution_Approving_VenuWorks_Management_&_Programming_Agreement_North_Shore_Center_forJhe_Performing_Arts  budgetary, financial and non-artistic aspects ol the production. The details and financial arrangements of any co-producing of productions shall be set out in the annual usage agreement each year. 5.5 NORTHLIGHT shall by the nature of being a producer/presenter, have responsiblfKy for marketing and promoting the events that it produces and presents, 5 6 NORTHUGHT may In addition to the regular annual season produce, present or co-present other events in tho NSCPAS. Such presortting shall be done in coordination with the events of the other resident organizations and/or rental events scheduled and shall require written approval from the VILLAGE, In coordinating its event plans with other resident organizations, NORTHLIGHT shall avoid any conflicts or duplication in target audiences for which it produces or presents. The decision of the VILLAGE with regard to any such contlicts shall be final. RENT ADJUSTMENTS. 6.1 tn the second year of the Agreement beginning September 1, 2022, Theater Rent. Rice Rehearsal Room Rent and Office Rent w>H each increase by five porcent (5%). In the third year of Ihe Agreement beginning September 1, 2023 Theater Rent, Rice Rehearsal Room Rent and Offtee Rent will each increase by five percent (5%). If the Agreement is extended into optionaf years four and five, rent shall be increased on September 1 of each year by an amount equal to the most recent CPt for the preceding twelve (12) months, however, in no event shall Ihe rental rates (induding the revised CPI adjustment) for any Season Year be less than the rental rates for the immediately preceding Season Year. Ail references m the Agreemenl to the CPI, the CPf Adjustment, or to amounts to be adjusted in accordance with the CPI shall be deemed to refer to the Revised CPI Adjustment. If publication of the CPt shat! be discontinued, the parties shall thereafter accept comparable statistics on increases in the cost of living computed and published by an agency of the United States or by a responsible financial periodical of recognized authority then selected by agreement between <he VILLAGE and NORTHLIGHT. 6.2 The obligations of NORTHLIGHT to make payments provided for herein shall survive the expiration of the term or eariier termination o< this Agreement, but any adjustment with respect to amounts payable with respect to the Season Year in which the term ends shall be Einafly made between the VILLAGE and NORTHLIGHT based on the most recent estimates or informatun availabie to the VILLAGE and NORTHLIGHT as of the date which is as near as is practicabte to the date the term ends. VILLAGE'S 08UGATIONS. Page 8 of 25 Page 61 of 84 VOSDOCS-#597748-v1 - Resolution_Approving_VenuWoi1<s_Management_&_Programming_Agreement_North_Shore_Center_for_the_Performing_Arts  7.1 The VILLAGE shall be responsibte for and maintain control of the master calendar foruseoftheNSCPAS. 7.2 The renting of the NSCPAS to various entities shai) be the primary responsibility of the VILLAGE. All rental contracts shall be between the Renter and the VILLAGE. NORTHUGHT shall not subcontract the use of the NSCPAS to another event or presenter/producer 7.3 The VILLAGE shal! operate and maintain the NSCPAS in accordance with the requirements of the Support Agreement with the State of Illinois. Department of Commerce and Communrty Affairs, dated August 8, 1993, Grant No. 94-30101. 7.4 The VILLAGE shall operate and manage the NSCPAS in accordance with the intergovernmental Agreement with the VILLAGK. 7,4.1 This Agreement shall be administered by the COE of the VILLAGE who shall be responsible for establishing management procedures or systems which provide the effective communication, decision making, confrols, etc. necessary for the operation of the NSCPAS. 7.5 The services provided by the VILLAGE for the operation of the NSCPAS shaB be of a high quality and shall be provided in such a manner as to satisfy the needs of the patrons and of resident organizaiions. The VILLAGE shall be responsible for and shali promptly respond to resolving performance evaluation problems. 7,6 The VILLAGE shall timely provide NORTHLIGHT weeRly draws from the ticket office revenues held by the VILLAGE for ticket sales to alt future performances soid by the VILLAGE'S ticket office. Such draws shall be subject to NORTHLIGHTS obligations under paragraphs 5. 1. NORTHUGHT shall be solely responsible for all costs associated with any cancellations including tickel sate reimbursements. 7.7 The VILLAGE shall altow NORTHLIGHT to self novelties, music recordings and other type souvenir items that NORTHUGHT creates and/or exclusively markets in conjunction with their productions in the NSCPAS without the sharing of any revenues or payment of any commissions to (he NSCPAS. This provision shal! not apply to novelties, recordings or other souvenir items created and/or marketed by a third party or by a performer or artist in or associated with a production. 7.8 The VILLAGE shafl set the service charges for telephone orders, internet orders, subscription orders and other convenience methods of selling NORTHLIGHT's tickets in consultation with NORTHUGHT. Service charges made to the customer for such convenience shall consider the pries of tickets, customer attitudes toward convenience senfice charges, the cost of providing the agreed upon level of services, and consistency with the charges for similar service for other events The VILLAGE shall retain 100% of such service charge revenues for the purposes Page 9 of 2S Page 62 of 84 VOS DOCS-#597748~v 1. Resolution_Approving_VenuWorks_ManagemenL&_Programm[ng_Agreement_North_Shore_Center_forJhe^Perfonning_Arts  of operating the NSCPAS. The subscription order fee shall be set at $10 per order for the duration of the Agreement. 7.9 The NORTH THEATER may be renamed at the discretion of the VILLAGE at any time. 7.10 The VILLAGE shall provide NORTHLIGHT with the following promotional dispiay areas, provided that the failure of the VILLAGE to provide such display space due to damage of the display equipment or adjacent areas beyond the VILLAGE'S control shall not be considered a breach of this Agreement: a. One outdoor display case; b. One banner space on front of building for company logo; c. Five poster display iocations in lobby at NSCPAS discrefion With the NSCPAS making ever/ effort to provide space for ail five posters to be displayed together; d. Exclusive use of at least one of the two poster locations adjacent to the entrance of the NORTH THEATER when NORTHUGHT is in production in the NORTH THEATER. It is the desire of the NSCPAS to replace these posters with digital displays. If such equipment is installed, (he NSCPAS will coordinate with NORTHLIGHT to ensure that NORTHLIGHT has visibility commensurate with the spirit and intent of this paragraph; and e. Inclusion !n digitat Lobby Displays, marquee, and on website as long as such services are offered to other organizations. 7.11 The VILLAGE shatt provide NORTHLIGHT with 2,015 square feet of office space as defined in Ihe new Attachment 3 which shaft include three private offices on the second floor (one of which is the recently converted closet); space in the open office area, including the v/ork station furnishings owned by the VILLAGE and which NORTHL1GHT is using as of August 1, 2021; One private office for production staff on the basement ievel; and use of common areas tnctuding the reception area, office restroom. kitchenette and two conference rooms, Conference rooms are subject to availability at the tune of request. 7.11.1 The VILLAGE shall provide NORTHLIGHT with access to shared office equipment including the postage meter and copier. Postage used by NORTHUGHT will be invoiced to NORTHUGHT af She prevailing poslage rates. The NSCPAS shaii set the per-copy rate for use of the copier based on the cost to provide the service, v/hich may change Irom time to time. 7.11.2 The VILLAGE shall provide telephone service to NORTHLiGHT and NORTHUGHT shall pay for such service on a per-line basis. The rates for such phone lines wifi be set by the NSCPAS based on the cost to provide such service, and the rates may be adjusted from time to time. The number of phone lines may be reduced by NORTHLIGHT at NORTHLIGHT's sole pleasure. NORTHUGHT may request addittonal phone lines, but the VtLLLAGE is under no obligation to meet this request if ec|uipment or then Page 10 of 25 Page 63 of 84 VOSDOCS-#597748-v1 - Resolution_Approving_VenuWorks_lVlanagement_&_Programming_Agreement_North_Shore_Center_forJhe_Performing_Arts  existing tefephone service agreements it has in effect for the NSCPAS make meeting such request unfeasible. Addstionalty, NORTHLIGHT will pay any long-distance charges directly attributed to its use of such service. 7.11 3 When the ViLLAGE and NSCPAS deem it necessary to have a receptionist there will be no additional charge to NORTHLIGHT for such service, 7.12 The basic and general responsibilities of the VILLAGE with regard to operating the NSCPAS are enumerated in Attachment 1. which is attached hereto and made a part of this Agreement. 7.13 The VILLAGE will use reasonable efforts to avoid interruptions in the services to be provided hereunder, provided that the VILLAGE shall not be liable for interruptions caused by Force Majeure. Any such interruption of service shall never be considered an eviction or disturbance of NORTHUGHT'S use of the NSCPAS or any part thereof. or render the VILLAGE liable to NORTHLIGNT for damages, or relievs NORTHLIGHT from performance of NORTHL1GHTS obligations under (his Agreement: provided. however, that in the event such services shalt be interrupted for a period of more than 7 consecutive days during a production. NORTHLIGHTS base rent shall abate on a pro-rata basis for each day such interruption continues beyond such 7-day period and provided furthef, Ihst w\ the event such services shaft be interrupted for a period of six months, NORTHLIGHT shall have Ihe right to cancel and terminate this Agreement as of the date such services were interrupted 7.1-4 The VIU-AGE shall, at the VILLAGE'S expense, maintain and repair the roof, moveable floor system, air conditioning and heating system, lighting and sound system, ffoor covering, supporting members, Ibo foundations, exterior watis and the structural aspects of the NSCPAS, service lines for the property and buHding, lawn landscaping and parking lots and all other services in respect to the common areas and exterior portions of the Building. 7.14.1 The VILLAGE shall be responsible for installing and removing the portable floor used in connection with flat floor uses of NORTH THEATER Such installation and removal shati be done in such a manner as to not damage the NORTH THEATER. 7.14.2 In the event of fire or other casualty, or partial condemnation, the VILLAGE will expedltiously repair or rebuild as necessary to assure the usability of the NORTH THEATER. 7.15 The VILLAGE recognizes that NORTHLIGHT provided and paid for certain sound equipment and that such equipment currently Instalied in the NORTH THEATER belongs lo NORTHLIGHT, The VILLAGE intends to purchase and instad a new sound system in the NORTH THEATER on or about January 1, 2022 for the use of all tenants in the NORTH THEATER at no additional cost to NORTHLIGHT. In the event that a new sound system is not mstalfed as cited herein, The NSCPAS shall facilitate the rental of equipment belonging lo NORTHLIGHT and used by Page 15 of 25 Page 64 of 84 VOSDOCS-#597748-v1 - Resolution_Approving_VenuWori(s_Management_&_Programming_Agreement_No^th_Sho^e_Cente^_for_the„Perform!ng_Arts  others with payment to NORTHLIGHT or, if necessary, remove and restore such equipment at NSCPAS expense. 7.16 The VILLAGE recognizes IJiat NORTHUGHT provicfed and paid for the furnishing of the green room serving the NORTH THEATER with such items as a refrigerator, microwave oven. sofa. etc. With multiple users of (tie NORTH THEATER, the VtLLAGE wilf assume responsibility for the repair and replacement of such equipment, with the provision that any such equipment or furnishings that the VILLAGE purchases or provides newduhng the Term of this Agreement shall remain the property of the VILLAGE upon the termination of the Agreement. The NSCPAS wilt thoroughly clean the Green room ai NSCPAS expense between occupants. 7.17 Notwithstanding anything contained in this Section or elsewhere in the Agreement to the contrary, the VILLAGE shaii use commerclally-reasonable, good faith efforts to keep rate increases for labor, equipment, and ancillary rental space substantially similar to recent practice. Notwithstanding the foregoing, no msximums for such rates are set forth in the Agreement. DEVELOPMENT OF_CONTRtBUTED SUPPORT, 8.1 NORTHUGHT shall use ils best effod to cooperate with (he VILLAGE and >he FOUNDATION in their developing and implementing plans to raise Contributed Support to fund the capital, endowment, operating, and programming needs of the NSCPAS. 8,2 NORTH LIGHT shall be responsible for the design of plans and the implementation of fundraising plans to support NORFHLIGHT. NORTHLIGHT shall obtain permission of the VILLAGE to use the NSCPAS, including but not iimiled to the NORTH THEATER. for any fundraislng programs or events whose purpose is to raise funds for anything to take place outside of the NSCPAS, other than Ihe use of the NORTH THEATER for theatricat productions contemplated in this Agreement. 8.3 NORTHLIGHT shalf have ths right to place appropriate recognition of its major sponsors and donors in the NSCPAS, all as approved by the VflLAGE. Such recognilkin shall be consistent with the VILLAGE'S policy on donor and sponsor recognition and the recognition afforded other donors to the NSCPAS. TERM OF AGREEMENT. 9.1 1 he term of this Agreement ("Tenn") shall commence on September 1, 2021 and expire on August 31, 2024 (the "Termination Date"). This Agreement may be extended for up to two additional one-year terms subject to mutuai agreement by NORTHLIGHT and the VILLAGE. If both parties have not agreed to such extension in writing by August 31 of the year prior to the Termination Date, then the Termination Dale shall remain in effect. Page 12 of 25 Page 65 of 84 VOSDOCS-#597748-v1- Resolution_Approving_VenuWorks_Management_&_Programming^Agreement_North_Shore_Center_for_the_Performing_Arts  9.1.1 NORTHLIGHT has ttie option of termJnating the office space portion of this Agreement on August 31, 2023 or anytime thereafter with six months written notice to the VILLLAGE. Should NORTHLIGHT exercise this optron, at) other provisions of the Agreement shall remain in fuit force and effect. 9.2 Either party may terminate this Agreement for cause in accordance with their respective rights set forth En Paragraphs 9.3 or 9.4 of the Agreement, or as may otherwise be expressly provided for in this Agreement, 9.2.1 The VILLAGE and NORTHLIGHT hereby agree that the dollar amounts payable commencing as of the Rrst day of each such extended term shal! be the dollar amounts for the fina! year of the term then ended, adjusted per the CPI factor as It would regularly appty. NORTHUGMTS and the VILLAGE'S covenants and agieements contained sn tliis Agreement shal! remain in full force and effect throughout the extended term, including without limitation the obligation to pay Rent. 9.3 If NORTHLIGHT is in default under the terms of this Agreement, the VILLAGE shall gtve NORTHLiGHT whtien notice of such default (the "VILLAGE Default Notice"). The VILLAGE Default Notice shalf include specific details as to NORTHLIGHTS default. In response to said notice, NORTHLIGHT shall have 30 days from the date of the VILLAGE Default Notice to- (a) remedy such default provided thai the VILLAGE may by notice lo NORTHLIGHT within such 30-day period uniiaterafty extend the time to remedy such default for up to an additional 90 days. or (b) present a written plan to remedy such default to the VILLAGE, or (c) notify Ihe VILLAGE in writing that NORTHLIGHT disputes the existence of such default. if NORTHLIGHT does not respond to the VILLAGE Default Notice within such thirty (30) day period, this Agreement shaf! terminate effective as of fhe earlier of (a) twelve (12) months from the date of the VILLAGE Default Notice; or (b) the Termination Date. 9.3,1 If NORTHLIGHT shall remedy such default within the time period set forth in subparagraph (b) of Paragraph 9.3 above, this Agreement shall continue in full force and effect 9.3.2 If NORTHLIGHT shall respond to the VILLAGE in accordance with subparagraph (b) of Paragraph 9.3 above, the VILLAGE shall review NORTHLIGHT'S plan and notify NORTHLIGHT in wriling within 30 days from the date of NORTHLIGHT'S notice whether NORTHLfGHTS pian is acceptable to the VILLAGE. If the VILLAGE accepts NORTHLIGHT'S plan then NORTHUGHT shall promptly proceed lo implement such plan Page 13 of 25 Page 66 of 84 VOSDOCS-#597748-v1- Resoiution_Approving_VenuWorks^Management_&_Programming_Agreement_North_Shore_Center_forJhe^erforming_Arts  and this Agreement shall continue in full force and effect if the VILLAGE fails to respond to NORTHLiGhfT with 30 days from <he date of NORTHLIGHT'S notice, it shatl be conclusively presumed that the VILLAGE accepts NORTHLIGHT'S plan. 9.3.3 If the VILLAGE shall notify NORTHLiGHT within 30 days from the date of NORTHLIGHT'S notice in accordance with subparagraph (b) of Paragraph 9.3 above, that the VILLAGE does not accept NORTHUGHTS plan or if NORTHUGHT shall notify the VILLAGE in accordance with subparagraph (c) of Paragraph 9.3 above. Uien the dispute with respect to such default shafl be settled by arbitration En accordance with Artide 10 and this Agreement shall remain In full force and effect pending the final settlement of such arbitration. 9.3.4. If this Agreement is terminated in accordance with Paragraph 9.3 above, NORTHL1GHT shall forgive any and all rights to the contributions it makes io the NSCPAS for the NORTH THEATER. 9.4 If the VILLAGE is in default under Ihe terms of this agreement, NORTHUGHT shall give the VHLAGE written notice of such default (hereinafter "Norlhlight Delault Notice'). The Northlight Default Notice shall include specific details as to the VILLAGE'S default In response to sakl notice, the VILLAGE shall have 30 days from the date of the Northiight Defauit Noifce to' (a) remedy such default (provided that the VILLAGE may by notice to NORTHLIGHT within such 30-day period unilateratly esrtend the time to remedy such default for up to an additional SO days). OR (b) present a written pian to remedy such default to NORTHLIGHT, or (c) notify NORTHLIGHT in wnting that the VILLAGE disputes the existence of such default. if the VILLAGE does not respond to the NORTHLIGHT Default Notice within such thirty (30) day period, this Agreement shall terminate effective as of the earlier of (a) twelve (12) months from the date of the NORTHLIGHT Defaull Notice or (b) the Termination Date. 9.4.1 If the VILLAGE shall remedy such default within the time period set forth in subparagraph (a) of Paragraph 9.3 above, this Agreemenl shall continue in full force and effect, 9.4.2 If the VILLAGE shafi respond to NORTHLIGHT in accordance with subparagraph (b) of Paragraph 9.4 above, NORTHLIGHT shall review the VILLAGE'S plan and notify the VtLI AGE in writing within 30 days from the date of the VILLAGE'S notice whether the VILLAGE'S plan Is acceptable to NORTHLIGHT. If NORTHLIGHT accepls the VILLAGE'S plan then the Page 1-1 of 25 Page 67 of 84 VOSDOCS-#597748-v1 - Resolution_Approving_VenuWoiks_)Vtanagement_&_PrografTsmfng_Agreement_North_Shore_Center_forJhe_Perfomning_Arts  VILLAGE shaft promptly proceed to tmpfemenl such plan and this Agreement shall continue in full force and effect. If NORTHLIGHT faifs to respond to the VILLAGE within 30 days from the date of the VILLAGE'S notice, it shall be conclusively presumed that NORTHLIGHT accepts the VILLAGE'S plan. 9.4.3 If NORTHUGHT shall notify the VILLAGE within 30 days from the date of the VILLAGE'S notice in accordance with subparagraph (b) of Paragraph 9.4 above, that NORTHUGHT does not accept the VILLAGE'S plan or if the VILLAGE shall nolify NORTHLIGHT in accordance with subparagraph (c) of Paragraph 9.4 above, then the dispute with resped to such default shall be settled by arbilralion in accordance with Article 10 and this Agreement shall remain tn full force and effect pending the final settlement of such arbitration. 9.4.4 1» the VILLAGE fails to respond to the NORTHUGHT Default Notice in the manner set forth in this Section 9.4 above, or if this Agreement is terminated by NORTHUGHT due to a default by the VILLAGE, NORTHUGHT shall then be entitled to be reimbursed for NORTHLIGHT's unsmortszed contributions to the NORTH THEATER to such point, pursuant to a mutually agreeable payment schedule. The amortization shall be calculated on a straight line, thirty (30) year basis. 9.4.5 In the event that VILLAGE fails to perform its obfigations under Sections 7.14 and 7.14,1, then upon seven (7) days written notice NORTHLIGHT may advance funds to pay for such costs provided that such costs do not exceed $30.000. Any advancement of funds over $30,000 sha!l require consent of the VILLAGE. The amount of $30,000 shall be modified in accordance with the CPf Adjustment. 10 APPLICABLE LAW AND ARBITRATtON. 10,1 This Agreement shall be governed in accordance with the laws of the State of Illinois and for alt purposes shall be enforced and performed in accordance therewith. All requirements of the Centre East Clvk; Center Act, Chapter 270, Article 5, et. seq. of (he Illinois Complied Statutes <1992) or as amended shall be strictEy compli&d with. The parties shali comply with all applicable federal. municipal laws. ordinances and regulations. If any part of this Agreement is (ound to be in conflict with applicable laws, such part shall be inoperative, null and vokj insofar as it is in conflict with the laws of the State of Illinois but the remainder of this Agreement shali be in full force and effect. 10.2 Any controversy or ciaim ("Dispute") shall be decided by arbitration in accordance with the Construction Arbitration Rules of the American Arbitration Association ("AAA"}. This agreement so to arbitrate and any other agreement or consent to arbitrato entered into in accofdance herewith shall be specifically entorceabte under the prevailing arbitration law of any court having jurisdiction. Notice of Page 15 of 25 Page 68 of 84 VOSDOCS-#597748-v1 - Resolution_Approvjng_VenuWorks_Management_&_Programmfng_Agreement_North_Sho^e„Cente^„fo^Jhe„Performing_Arts  demand for arbitration must be filed in writing with the other parties to this Agreement and wrth the AM. The ctemand must be made within a reasonable time after the Dispute has arisen. In no event may the demand for arbitration for the Dispute be made after instilution of legal or equitable proceecfings would bs barred by the applicable statutes of limitations or repose. The award of the arbitrators) shali be enforceabie in any court of competent jurisdiction. 11 GENERAL TERMS. 11,1 It is the intent of the parties hereto, that wherever possible, efforts and services sha!) not be duplicated. The parties shall cooperate and consult one another in fuifiUing the terms and obligations of this Agreement. 11,2 if any provision of this Agreement shaft be declared invalid for any reason, such mvatidation shall not affect other provisions of this Agreement which can be given effect without the invalid provision and to (his end the provisions of this Agreement are severabSe. 11.3 Any failure by the VILLAGE to enforce any rules or regulations now or hereafter in effect, either against NORTHLiGHT or any other renter of the NSCPAS. shall not constitute a breach hereunder or waive any such rules and reguiations, but any rule or regulation not generally enforced against other renters of the NSCPAS wi!i not be discrimsnatority enforced against NORTHLIGHT. 11.4 All notices, demands or other communications to be given under this Agreement shall be in writing and shall be deemed duty served if sent by certified mail, return receipt requested, addressed to the party intended to be sen/ed or personally served. Until changed in the manner provided id Ihe previous sentence, the addresses of the parties shaff be: Northlight Theatre 9501 Skokie Bh/d. SRokie. IL 60077 Attention: Executive Director WITH A COPY TO: Katten Muchin Rosenman ILP 525 W. Monroe Street Chicago. !L 60661-3693 At1n: Michael Callahan Village of Skolde 51270aktonSt. SkoKie. II 60077 Attention: Vi!iage Manager WITH A COPY TO: Page 16 of 25 Page 69 of 84 VOSDOCS-#597748-v1 - Resolution_Approving_VenuWori<s_ManagemenL&_Programming^Agreement_North_Shore_Center_for_the_Performing_Arts  Corporation Counsel's Office 51270aktonSt SRokie, IL 60077 11.5 If the date for giving any notice required or contemplated to be given pursuant to the terms of this Agreement hereunder or the performance of any obligation hereunder falls on a Saturday, Sunday or tegal holtday m the jurisdiction in which the NSCPAS is located, then said notice or obligation may be given or performed on the neyt business day after such day. 11,6 No waiver of any condition expressed En this Agreement shall be implied by any neglect of (he VILLAGE or NORTHUQHT 1o enforce any remedy on account of the violation of such condilion if such violation be continued or rspeated subsequently, and no express v/aivef shall affect any condition other than the one specrfted in such waiver and that ono only for the time and in the manner specifically stated. No receipt of moneys by the VILLAGE or its agent from NORTHUGHT aHer the terminatjon in any way of the Term or of NORTHLIGHFS rights hereunder or after the giving of any notice shall reinstate. continue or extend the Term or affect any notice given to NORTHLiGHT prior to the receipt of such moneys, it being agreed that after Ihe service of notice or the commencement of a suit, the VILLAGE may receive and cotfect any rent or other sums due. and such payment shall not waive of affect said notice, suit or judgment 11.7 All of the respective rights and remedies of the VILLAGE and NORTHLIGHT under this Agreement shall be cumulative and none shall exclude other rights and remedies allowed by Jaw. 11.8 Wherever used in (his Agreement, the singular member shall include the pluraf, the singular and the use of any gender shall be applicable to at) genders. 11.9 This Agreement or the respective interests of the VILLAGE and NORTHUGHT may not be assigned by either party without the express wntten consent of the non-assigning party, which consent shati be unreasonabfy withheld. 11,10 Each of the provisions of this Agreement shall extend to and shall, as the case may require, bind or inure to the benefit, not only of the VILLAGE and of NORTHUGHT, but also of their respective, legal representatives, successors and assigns, provided this clause shall not permit any assignment contrary to the provisions of paragraph 11.9. 11,11 The submission of this document for examination and negotiation does not constitute an offer to license or resenfation of the NORTH THEATER and this document becomes effective and binding only upon the execution and delivery hereof by the VfLlAGE and by NORTHUGHT. All negotiations, considerations, representations and understandings between the VILLAGE and NORTHLIGHT are incorporated herein and may be modified or aitered only by agreement in wilting between the VILLAGE and NORTHUGHT. and no act or omission of any Page 17 of 25 Page 70 of 84 VOSDOCS-#597748-v1 - Resolution_Approving_VenuWoi1<s_Management_&_Programming_Agreement_Nonh_Shore_Center_for_the_Performing_Arts  employee or other agent of Ihe VILLAGE, shaft alter, change or modify any o< the provisions hereof. This Agreement constitutes the entire agreement between the VILLAGE and NORTHLIGHT and there are no representations, warranties, promises, agreements, conditions or undertakings, oral or written, between the VILLAGE or NORTHLIGHT other than those set forth herein. Any subsequent change, addition or alteration to this Agreement shall not be binding upon the VILLAGE or NORTHDGHT unless in writing and signed by both parties. 11.12 Sectional headings in this Agreement are solely for convenience of reference and shall not in any way iimit or amplify the terms and provisions hereof. 11.13 This Agreement may be executed in any number of counterparts, each of which sf so executed shall be deemed to be an original. in making proofs of this Agreement, it shatt not be necessary to account for any other counterparts hereof. 11.14 Neither this Agreement, nor any memorandum, affidavit or other writing with respect thereto, shall be recorded by NORTHLIGHT or by anyone acting through. under or on behalf of NORTHUGNT, and the recording thereof in violation of this provision shall make this Agreement null and void at the VILLAGE'S election. 11.15 Nothing contained in this Agreement shall be deemed or construed by the parties hereto or by any third party to create the relationship of principal and agent, partnership, joint venture or any association between ihe VILLAGE and NORTHLIGHT. 11.16 NORTHLIGHT represents to the VILLAGE and the VILLAGE represents to NORTHLIGHT it has full power and authority to enter into (his Agreement and to perform all of its obligations hereunder. 11.17 No person executing this Agreement in a representative capacity for the VILLAGE of NORTHLIGHT shall be held Jnciividuafly liable hefeunder in the absence of fraud, provided such person acted with due authority and that intended principais are bound. 11.18 If either the VILLAGE or NORTHLIGHT fails to perform timely any of the respective terms, covenants and conditions of this Agreement to be performed on either of such party's part, and such failure is due in whole or in part to a strike, iock-out, labor trouble, inabiiity to procure materials, failure of power, restrictive governmental laws and reguiations, riots, insunections. war, fuel shortages, accidents, casuaities, acts oi God, acts caused directly or indirectly by the other party (or such other party's agents, employees, contractors, licensees, or Jnvitee) or any other cause beyond the reasonable control of such party (hereinafter "Force Majeure"), then such party shall not be deemed in default of Ihis Agreement as a result of such failure untess and until such course for such party's failure is removed or eliminated and such party thereafter fails lo so perform. 11.19 Timeisof the essence of this Agreement and of each and all provisions thereof. Page 18 of 25 Page 71 of 84 VOSDOCS-#597748-v1- Resoiution_Approving_VenuWorks_IVianagement_&_Programming_Agreement_North_Shore_Center_for_the_PerfonDing_Arts  12 HOLD HARMLESS, 12.1 NORTHltGHT shall indemnify and save the VILLAGE harmless of and from any and all claims that may be made by any person, corporation, organization, employee for any and all injury or property damage arising difeclly or indirectly from NORTHLIGHT negligence in tts use and/or occupancy of NSCPAS, 12.2 The VILLAGE shall indemnify and save NORTHLIGHT harmless of and from any and at) claims that may be made by any person, corporation, organization, employee for any and alt injury or property damage arising solely from negligence of the Y/ILLAGE. 13 INSURANCE. 13.1 NORTHUGHT shall maintain the following policies of insurance during the Term insuring NORTHUGHT and the VtLlAGE. and their respective agents, wilh companies licensed to do business in the State of Illinois and as approved by the VILLAGE, but with increases in limits of liability as the VILLAGE may from time to time request: 13.1.1 Property Insurance: Insurance naming NORTHUGHT and the VILLAGE, as their interests may appear, and covering the full replacement cost of all of fixtures, lighting and sound equipment, contents, furniture, equipment or other items of NORTHUGHT'S personal property in the NSCPAS against ati risk of direct physicaf toss or damage, including but not limited to, tire, lightning, sprinkler leakage, water damage, vandalism and malicious mischief, theft, explosion, and such other similar risks insured against undor the typical extended coverage form. 13.1.2 Liabititv Insurance: Comprehensive general liability or commerciat generai liability insurance coverage naming NORTHL1GHT and the VILLAGE, and their respective beneficiaries, agents, and employees, as insured, against claims for bodily injury, Including death and property damage occurring in and aboul the NSCPAS under insurance polides offering coverage limits of not less than $1,000,000 per occurrence with a general aggregate coverage of not less than $2.000,000 with companies acceptable to the VILLAGE. 13.1.3 Event Insurance: As part of the liability insurance or by separate policy. NORTHLIGHT shall purchase and maintain insurance, consistent with Article 13, appropriate for NORTHLIGHT'S events In the NSCPAS. covering the activities and actions of the audience, empioyees, actors, contracted performers, agents, sub-contractors, co-producer and any other persons involved with NORTHLIGHT events. Page 19 of 25 Page 72 of 84 VOSDOCS-#597748-v1- Resolution_Approving_VenuWorks_Management_&_Programming_Agreement_North_Shore_Center_for_the_Performing_Arts  13.1.4 Worker's Componsatjon and ^ NORTHLIGHT shall purchase and maintain worker's compensation insurance as required by law. NORTHLIGHT shall also purchase and maintain employers' liability insurance in the amounts of $500,000 each accident. $500,000 policy disease limit, and $500,000 disease each employee. 13.2 NORTHLiGHT shall, prior to the Commencement Date, furnish to the VILLAGE certificates evidencing such policies of insurance, which certificates shall stale that such policies of insurance may not be cancelled, non-renewed or reduced without at least 30 days' prior written notice to the VILLAGE and NORTHLIGHT, If NORTHLIGHT shall fait to provide such certiftcates of insurance, the VfLLAGE may at its option procure the same for the account of NORTHLtGHT and the cost thereof shall be paki to the VfLLAGE immediatety upon receipt by NORTHLIGHT of the bills therefore from the VtllAGE. 13,3 At all times during the Term, the VILLAGE shall maintain the following pDSides of insurance for the benefit of the VILLAGE, and their respective agents, with companies licensed to do business in the State of Illinois, but with increases in limits of liability as the VILLAGE may from time to time deem necessary or advisable: 13.3.1 Pronerty Insurance: Fire and alt-risks coverage property and casualty insurance (Jncluding. but not limited to, damage from OoDd> earthquake, surface waler, sewer back-up, explosion, vandaliam, malicious mischief, plate glass breakage and snow and ice), in an amounl to provkic for the replacement of the NSCPAS (exclusive of the cost of excavation, foundations and footings below ground level) without deduction for physfca! depreciation, inciuding any additions to the NSCPAS subsecfuently made by the VILLAGE. 13.3.2 Liability Insurance: Comprehensive general liability or commercia! genera! liability insurance coverage against claims for personal injury. death or property damage incurring upon, in or about the Property of not less than $1.000.000 with respect to injury or death to a singfe person, not less than $2,000,000 with respect to any one accident, and not less than $1,000,000 with respect to property damage as in all cases as a combined single limit per occurrence. 13.3.3 Worker's Compensatton^ The VILLAGE shaff purchase and maintain worker's compensation insurance as required by law for its employees. 13.4 ADDITIONAL INSURANCE REQUIREMENTTS: These insurance requirements shali be changed only as directed by the VILLAGE. The VILLAGE may for the purpose of obtaining the most effective and cost efficient coverages purchase, other than for evenls. genera! fiabiiity or other insurance which would provide NORTHLIGHT the needed insurance coverage and prorate its cost with NORTHLIGHT. Page 20 of 25 Page 73 of 84 VOSDOCS-#597748-v1. Resolution_Approving_VenuWorks_Management_&_Programming_Agreement_North_Shore_Center_for_the_Performing_Arts  13.5 MUTUAL WAIVER OF SUBROGATION: The VILLAGE and NORTHLIGHT agree to have any and ail property insurance policies carried by either of them endorsed with a clause providing that any release from liability of or waiver of claim for recovery from the other party entered into in writing by the insured prior to any loss or damage shall not affect the validity of said policy or the right of tha insurer to recover thereunder, and providing further that the insurer wah/es att rights of subrogation which such insurer may have against the other party. WiUiout limiting any reiease or waiver of liability or recover/ contained !n any other provision of this Agreement but rather in confirmation in furtherance thereof, each of the parties hereto waives all claims for recovery from the other party for any loss or damage to any of its property insured under insurance policies to the extent of any recovery collectabte under such insurance policies. Notwithstanding the foregoing or anything contained in this Agreement to the contrary, any release or any waiver of claims shall not be operative, nor shad the foregoing endorsements be required, in case where the effect of such release or waiver is to invalidate insurance coverage or the right of the insured to recover thereunder or increase the cost thereof (provided that in the case of increased cost the other party shaft have the nght, within 10 days following written notice, to pay such increased costs keeping such release or waiver in full force and effect). 14. Effective Date: This Agreement and all the provisions thereof shall be fetroactively effective to September 1, 2021. 15. No Further Modification Except as amended by subsequent, mutual, written agreement, the terms and provisions of the Agreement shall apply and shall remain unmodified and in full force and effect and are hereby ratified and confirmed. NORTHUGHT THEATRE VILLAGE OF SKOKIE By: _ By President Village Manager ATTEST: ATTEST: By: __ By: Executive Director Village Clerk Page 31 of 25 Page 74 of 84 VOSDOCS-#597748-v1- Resolution_Approving_VenuWoiks_Management_&_Programming_Agreement_North_Shore_CenterJorJhe_Performing_Arts  VILLAGE O? SKOKIE AGR6EMfcH1i W!TH NORTHUGHT THEATRE Attachment 1 Outline of KEYR£SPONS18tUT[ESOF Vlj^^E: The VH.LAGE (s Ide op&fstcr of (ha N3CPAS and as such shafl arrange, Nre, contract, or othmwise implement the systems and scnicfts rt riccms rwcessary for an effactiva and efficwti opwstton, refahlng all its nghts as how each respons&^ity sbouy be accompisshed. These sh^ mckjde fcut not be feit<bd to th& (oliowing: 1 Busimss Office for NSCPAS 2 Maifttensncfr of: a, Bufidif(9, b. Grounds, c fequpnwnt. d Cteaning and janitoftat. e. Set up and tesr dawn of HSC PAS event equipment. i Security. faaifty and during everts; g, HVAC. fov conifortsbte use and occupation of fadtifces during (egtriat office twjrs, producticris and olher (Ime facilities a(e usttd. h. Water, hot and cotd, i, Etevatorg, both tfaight and passenger, 3 Box Office: a. Computerized ticketing system, v/iih access by NORTtiUGt-tT, b. Wmdow sates (fa daylime iiours and -rcgula)' sesson p^fonriwces oniy), C Telephone sjtias, d. Ticket procfissing for S«nes and GfOtJp sales. e. Custodian fw tunrfs. 4 Fioni of House; a. House Staff, ushef, lickat takers, elc (for rcttUlaT season perfofmafices cnSy), b. Food, Beverage, & Nowity sales, c. First ad (fcr regular season perfomuwces only), d Parkmg. tfsffic direction (forr&gdar season perfomisnces only), a. Cofilrc3 ot maslw caiwdai. b RantN us® cffadHy, i. Establishhg false, tBfins, and proceAjres. a Imptemeriing rental agreament tefms ard obitgations, rii Contracting \hs rental a? faahly, tv, Sotcslation of a!i t>'pas oi yse^s, c Schcdute cowdlnatJon wdh cesic^l cirgani^stions d. Other as the VEUAGE deems neceusry. Uarteting AQ&ncy a. Factiity promatton and niitfhellnig, b. Genefa! public [nfofn'aiion, i. CaSendar offtvcnts, ii General press tdoss irfonnation c, PU&SC rrt^'ofts retsteri to. Page 22 of 25 Page 75 of 84 VOSDOCS-#597748-v1 - Resolution_Approving_VenuWori<s_ManagemenL^Programming_Agreement_North^Shore^Center_for_the_Performing_Arts  VILLftOE OF SKOKtE AGREEMENT W!T!1 NORTHLIGHT THEATRE i f-acibty and operations. li, Oenerai event inftntTiati&ft. d. Adt/ertremg signage or other space sates (not eycrt spccifK':). G. Sponsorthips reOted to faalriy maters w projects f General senricas lo usets All olhfif duties not speolscally identified. Page 23 of 35 Page 76 of 84 VOSDOCS-#597748-v1. Resolution_Approving_VenuWorks_Management_&_Programming_Agreem6nt_North_Shore_CenterJorjhe_Performing_Arts  VILLAGE OF SKOKtE AGREEMEHT WITH NORTHUOHT THEATRE Attachment 2 OuHlna of KEY RESPOHSIBIUTIES QiL-HQRTMI.IGUT-IUEAIBE t Event Producing. a. Producing Ihealriail vrofhs (creating and prescnlicg) b. Co-ptesentmg ptoAictiCfTS (thared rmanctal risk wth iinother entity} c Presentsig prodiictuns (assume alt firtsndtfl flsk) d. Annual schsdute plafming and coor<Snatk>n wfth the VtLLAGE acd in cwij^nciicm wsih olher roaidenl ofaanization's. 2 Artitttic content of theatrlca1 w&iks proAmd or pfesentect 3 Wsiksling fo? own ptoductlons, a Piomolicxi. b Sponsoistisp for productons or pfeaented evcint$, 4 Fund raising to provkie andto' pay th< expanses of; a. Prorfuction undsnMnting or support, b NORTMLtSMT'S Ovsihead. 5 Using shared services onjaruzed wri provitted by iha HSCPAS awi participating m th& cosfa thefeof as delnad in Ulis Agftwnwl Page 24 of 25 Page 77 of 84 VOSDOCS~#597748-v1- Resolution_Approving_VenuWorl<s_ManagemenL&_Programming_Agreement_North_Shore_Center_for_the_PerfoiTning_Arts  \HUMSS OF SKOK1E AGREEMfcNl WtlH NORTHltGHT THEATRE Altschmem 3. OFFICE SPACE OUTLINE: The VILLAGE shas provide NORTHUGHT ofttee spaw as descfibed tn Paragr*iph 7,t1 o( (he Agfsemyot and further rfeftned bebw: prlvata Officut Artiatsc Dircdcr 125 sqfl £xccutsve Director 125 sqft Development Director 61_. s<jft 311 Bqft Open Office Area (enduding kitchsneBd) Mam Office Wofkstalior^ 245 sqft Fiift cafanets / n sqft BJ S(?rsg area 108 sqft Pfoduction / EAjcatbn 496 SQft 321 tqft Stage Manager Office (fcaswnem) SM office 1t2 tqft 1344 cqft Conwnofl Areas Conteence rcofns{2) 870 sqti Copy / Mau Roam 125 6(t<1 Office Restfoom 45 Sqfl Receptfwi 225 ECfft Kftchenetie 77 sqti 1342 sqft Common Areas Pro-ritted at 50%. 671 *q ft TOTAL: 2015 aqft Page 25 of 25 Page 78 of 84 VOSDOCS-#597748"v1" Resolution_Approving_VenuWori<s^Management_&_Programming_Agreement_North_Shore_Center_for_the_Perfonning_Arts  Exhibit F CONSULTING AGREEMENT This agreement entered into on this I day of'May 2022 by and between VcnuWorks, Inc., an Iowa corporation locateil at 1615 Golden Aspen Dr, Suite 107,AmesJA50010(hereinaficr refeiTfyi to as Venu Works) and Venu Works of Sknkie, LLC, an Iowa limited tiahility company with its principal business located at 1615 Golden Aspen Dr, Suite 107, Ames, 1A 50010, (hereinafter referred to as LLC). WHIiK-UAS, the LLC has an agreement \\'ith the Village ofSkokie, 1L, (hereinafter referred to as Client) to maintain, nianage and market a peribnning arts building know'n as the North Shore Center for the Performing Arts; and WHEREAS, VenuWorks docs possess the expertise and is in the business of providing consulting for the management, operation and promotion of ihcalcr and enlcrtainment facilities; and WHEREAS, the LLC isdesiiuas of engaging VenuW(»rks to provide .such services for the facility heretofore identified. THERRFORP, « is hereby agreed by and helween the pnrtics as follows. I. ENGAGEMENT OF VCNUWORXS Tile LLC docs hen;by contract wilii VenuWurks tu perform the services as hereinaf'Ecr described, and Vcnu Works does hereby agree to perform such services in consideralion foe the fees and covenants as hereinafter set forth. if. INDEPENDENT CONTRACTOR Page 79 of 84 VOSDOCS-#597748-v1- Resolution_Approving_VenuWorks_Management_&_Programming_Agreement_North_Shore_Center_for_the_Performing_Arts  At all times material to this agreement VenuWorks shall act as an independent contractor and shall nol be considered in any way or manner as an employee, agent, manager, joint vertturer or partner ofLLC. III. TERM This agreement shall commence on (he I day of July 2022, and continue until liie 301 day of June 2027, unless earlier lenninated by 1,1-C, upon 30 days' wrincn notice loVemi Works, in the event the contract between LLC and the Viilage ofSkokic is temiiimited. IV, SERVICES TO BE PROVIDED BY VENUWORKS During the term of this agreement VcnuWorks shall provide services for assisting marketing, sales, event production and promotion, operation and maintenance services for (he U.C, including; 'd. Bysmess Plan. VenuWork.s .simll assisl [.LC in developmenl ufa Business Plan as required by Ihc terms of (he Ctierit agreement and any subsequent renewals, and In be presented to Ciieni for approval and adoption. b. Payroll Services. VenuWorks shntl providt; ptiyroll services to LLC ak> are described in the LLC/CHent agreement and any subsequent renewals. c. Insurance. VcnuWorks shall assist LLC in tSic procurcmcnl of insui'ance coverage specitted in the LLCVCHent agreement For ihc purpose ofoblrtimng the best insurance for (he least expcnsivt; rates, d. PFOgraimnin^. Vem.iWork.s shalt assist LLC in securing entcrfairunent, performing arts. and live touring events through its corporate network. c. QECialijOiQS- VcnuWorks shall provide ongoing consultation lo LLC in facility operations including food and beverage service, patron services, custodial services, event production> maintenance, financial management aiid box office operations. Page 80 of 84 VOSDOCS-#597748-v1- Resolution_Approving^VenuWorks^Management_&_Programming_Agreement_North_Shore_Center_for_the_Performing^Arts  V. MANAGEMENT FV.E a. Commencing on the 15"* day of July 2022 and continuing on Ihe 15( day of each successive month thereafler during the term ol'this agieement and any renewais thereof, Venu Works shall be paid a management fee of ^15,OOO.UO per month for the base management Fee. Partial months will be prorafed. b. The I J-C agrees to pay to Venu Works any variable, commission, or incentive management fees collected from the Ciicnt which results from improved management, in accordance with the formulas set oul in the LLC/Ctient agreement. VI. BILLING a. VenuWorks will invoice (he LLC foi its fees un the first day of each inonlh, and the LLC shall immediately puy VenuWorEis all man;tgemenl fees payable wiih respect lo said services rendefcd in (he preceding calendar munfh. c. Representatives of VenuWorks and the I.LCIshal! meet not later than the 20 day of each calendar month lo review revenues and opcralmg expenses for the prior calendar month. VII. NOTICES All notices required herein shall be in wntiny and shall be deemed sufTicienlly given when sent by ce.rlififd or registered mail to the respecfive addrc'^s olfhe pai'iies as hereinafter sel forth: If to VcnuWorks: VcnuWorks, Inc. 1615 Golden Aspen Dr. Suite 107 AmcsJA 50010 Ifto U,C: VenuVVorks orskokie, 1JX' 1615 Gnlilen Aspen Or, Suite 107 Ames,!A50010 Either party mi\y designate an additiona} or another represenliitive ur address fw Paged of 84 VOSDOCS-#597748-v1- Resolution_Approving_VenuWorks_Management^&_Programming_Agreement_North_Shore_Center_for_the_Performing_Arts  notices upon giving notice to the other party pursuant to this paragraph. For the purposes ofthis agreement, business day shall mean a day which is not a Saturday, a Sunday or a legal holiday oflhi; United Stales of America. VIII. GOVERNING LAW It is agreed thai this agreement shall be governed by, cunstrucd and enforced in accordance with the laws of the state nflowa. IX. ENTIRE AGRHF/MRNT This agrccmcnl and alt appendices and exhibits hereto embody tl'ic cnlirc agrecmciU of ihe parties rotating to the services to provided hcrcimder. Tlicrc arc 110 promises, term5> cotufiiions or obligations ofhcr than those conlaincd htrein, and this agreement shall supersede ail previous cnmmunicauons, t'epresentatums or agrccmfnls, L'ither urai or \\'ritten, between the parties hereto. X, SRC'HON HEADINGS Sccliun headings En this agteement are for convenience only and shall have no effect on the inlerprclation oftlli.s agreement. W WITNESS WHRRKOF, (he partie.s hureti> have caused ihis agrcemenl lo be executed on the day ;mci year first above writlen. VenuWorks, Inc, By._. Stevcn L. Pe(crli, President Page 82 of 84 VOSDOCS-#597748-v1. Resolution_Approving_VenuWorks_Management_&_Programming_Agreement_North_Shore_Center_for_the_Performing_Arts  VenuWorksofSkokic,I.LC By^ Manager Page 83 of 84 VOSDOCS-#597748-v1 - Resoiution_Approving_VenuWofks_Management^&^Programming_Agreement_North_Shore_Center_for_the_Performing_Arts  Exhibit G Village of Skokie Standard Insurance Requirements INSURANCE REQUfREMEMTS; Contractor shall maintain for the ciuratkm of this contrsGt aF)d any extensfons ftereof ffisurance issued by a company or companies qualified to do business in the State of Illinois. The insurance companies providing coverag6 sha)l be rated in the Best's Key Rating Guide, The Village vsflfl accept companies wth a fating of A- or better and shall have a financial size categcuyofVllorbetter, 1.0 Workers Compensation and Emptoyers' Labiiitv 1.01 Workers Compensaiion Statutory Limits 1.02 Employefs liabiiity a. Each Accident $1.000.000 b. Disease - policy limit $1,000,000 c, Ksease - each emptoyee $1,000,000 2.0 Commepcial Gsoeral Ueditty General Aggregate Limit Producte-Compteted Operations Each Occufrence Limit $1,000,000 The Village of Skokie is an additional insured on General Liability pdfcy. The general sggregafe [Emit shafl be a per 3.0 Commercial Automobtie Liability - The pc^icy shal! cover aJS owned, non-owned and hired vehicles. The Village of Skokie is an additionai insured on CormnerciaS Auto Liability policy. ComUned Singte Limit $1,000,900 'i.O Umbrella / Excess Coverage $10,000,000 The General Liability and Umbre(!a polices are both pnmary and non-contribulofy. 5.0 Contractor agrees that wilh respect to above msyranre. Iho VJilage of Skokte shall; 5.01 The Village of Skokie is an additional insured on Vns above General liability and Umbrella policies. 5.02 Be provided with thirty (30) days written notice of cancdSation w material change. 5.03 Be provided with Certificates of Insurance evkiendng (he above required insurance, prior to commencement of this contract and Nre&tef with certificates evidencing renewals or replacenrents of said policies of insurance at least iifteen (15) ciays prior to the expiration or canceilation of any such policies. Page 84 of 84 VOSDOCS-#597748-v1" Resoiution_Approving_VenuWorks_IVIanagement_&_Programming_Agreement_North_Shore_Center_for_the_Perform!ng_Arts M.emorandum Engineering Division Memo to: John T. Lopi<:erby, yillage Manager C From: "j2l Russ Rietveld, Director of Engineering ]V[ax Slankard, Director of Public Works Date: May 6, 2022 Subject: AGENDA ITEM May 16,2022 - Village of Skokie Board Meeting Oakton MuIti-Use Path a.) Execution of Local Public Agency Agreement for Joint Funding The Village of Skokie has been working with the Villages of Morton Grove and Niles to complete a multi-use path along the south side ofOakton between Gross Point Road and Caldwell Avenue. Earlier this year. The Villages entered into an IGA to govern the construction. The path will be constructed in phases across multiple construction contracts. The total construction cost is currently estimated at just over 4.1 million dollars. The Villages have secured almost 3.3 million dollars in funding via local and Federal grants through the Invest in Cook and Congestion Mitigation and Air Quality(CMAQ) Improvement programs. This leaves around $ 815,000 as the 'local match' to be borne by the Villages ofSkokie, Morton Grove and Niles to complete the construction. The proposed IGA governs the terms of the forthcoming construction and, among other things, lays out that any costs shall be divided up equally among the three Villages. The construction contract will be administered by the Illinois Department of Transportation(IDOT) and as such requires a Joint Funding Agreement for State-Let Construction Work. Per the IGA, the Village ofSkokie Is to enter into said agreement with IDOT. As a result, I recommend that the Village execute the prepared Resolution authorizing execution of the Joint Funding Agreement for State-Let Construction Work with IDOT. The required Resolution has been prepared by Corporation Counsel. Please present this recommendation for approval to the Mayor and Board of Trustees at the May 16, 2022 regularly scheduled meeting. Please contact me if there are any questions. Attachments ec: Michael Large, Corporation Counsel Julian Prendi, Finance Director Samantha Maximilian, Senior Engineer #596580  =6>213ÿ?@A22BC43ÿ062D E3F33G WXYÿ[ÿ\]^_Xÿ̀ abXXcÿ[ÿ\]^_Xÿd efgXÿ[ÿ\]^_Xÿh HIJKLÿV HIJKLÿN OPQRSÿU 5 567 8 01232ÿ56237ÿ89:9;<;; 01234 9 ÿÿÿÿ ÿ!"ÿ#ÿÿÿ$ÿ%ÿ&ÿ'ÿ 'ÿ %ÿÿ ÿ%ÿ&ÿ(ÿ() ÿ ÿ(($ÿ*#ÿÿ ÿ(ÿÿ%ÿ+ÿ%ÿ((ÿ&#ÿ,+ÿÿ%ÿÿ$)ÿÿ$ÿ+&ÿ'ÿ &ÿ- ÿ ÿÿÿÿ ( &ÿ%ÿ%ÿ&#ÿÿ(ÿÿÿÿÿ+&ÿ ÿ ÿÿÿÿ$ÿ%ÿ++ÿ +#ÿ,ÿ.+ ÿ/ ÿ)&ÿÿ$ÿÿÿ ÿ( ÿÿ$ ÿÿÿ+ #  MML: 5/16/22 Manager’s Report THIS RESOLUTION MAY BE CITED AS VILLAGE RESOLUTION NUMBER 22-5-R- A RESOLUTION APPROVING AND AUTHORIZING A LOCAL PUBLIC AGENCY JOINT FUNDING AGREEMENT FOR STATE-LET CONSTRUCTION WORK WITH THE STATE OF ILLINOIS REGARDING THE OAKTON MULTI-USE PATH, GROSS POINT ROAD TO CALDWELL AVENUE – STAGE 1 1 WHEREAS, the Village of Skokie (hereinafter “Skokie”) has received Congestion 2 Mitigation and Air Quality (CMAQ) and Invest in Cook funds to undertake a multi-use path 3 improvement project, along Oakton Street, between Gross Point Road and Caldwell Avenue 4 (hereinafter “Project”). The Project is being undertaken in concert with the Villages of Morton 5 Grove and Niles (hereinafter “Morton Grove” and “Niles”); and 6 WHEREAS, the Project is now ready to enter Phase III, the construction phase, which 7 requires construction engineering services. Pursuant to a previous agreement with Morton Grove 8 and Niles, Skokie will undertake the hiring and oversight for construction engineering services; 9 and 10 WHEREAS, Christopher B. Burke Engineering Ltd, an engineering firm that was selected 11 through the qualification-based selection process for this Project and has consulted on other 12 successful roadway projects in Skokie, will provide the services; and 13 WHEREAS, the total estimated cost for the stage 1 construction and construction 14 engineering services is $1,436,493.00. CMAQ funds will cover $1,149,194.00 of the cost with the 15 remaining $287,299.00 to be the responsibility of Skokie, Morton Grove and Niles; and 16 WHEREAS, in order to commence Phase III of the Project, Skokie, as Lead Agency, must 17 enter into a Local Public Agency Joint Funding Agreement for State-Let Construction Work with the 18 Illinois Department of Transportation, a copy of which is attached hereto as Exhibit “1”, for an 19 amount not to exceed $287,299.00; and 20 WHEREAS, the Village Manager recommended to the Mayor and Board of Trustees that the 21 Local Public Agency Joint Funding Agreement for State-Let Construction Work with the Illinois 22 Department of Transportation, for the Oakton Multi-Use Path Project, Gross Point Road to Caldwell 23 Avenue, be approved substantially in the form attached hereto and marked as Exhibit “1”, subject to 24 changes approved by the Village Manager or designee and the Corporation Counsel of the Village 25 of Skokie; 26 NOW, THEREFORE, BE IT RESOLVED by the Mayor and Board of Trustees of the Village 27 of Skokie, Cook County, Illinois that the Local Public Agency Joint Funding Agreement for State-Let 28 Construction Work with the Illinois Department of Transportation, a copy of which is attached hereto 29 and marked Exhibit “1”, or subject to changes approved by the Corporation Counsel and Village 30 Manager or designee, be and the same is hereby approved. Page 1 of 11 VOSDOCS-#597738-v1 Resolution, Approving Local Public Agency Joint Funding Agreement, State-Let Construction w/IDOT, Oakton Multi-Use Path, Gross Point Rd. to Caldwell Avenue 1 BE IT FURTHER RESOLVED by the Mayor and Board of Trustees of the Village of Skokie, 2 Cook County, Illinois that the Village Manager is hereby authorized to execute the Local Public 3 Agency Joint Funding Agreement for State-Let Construction Work with the Illinois Department of 4 Transportation, a copy of which is attached hereto and marked Exhibit “1”, subject to changes 5 approved by the Corporation Counsel and Village Manager or designee. PASSED this day of May, 2022. Ayes: ________________________________ Nays Village Clerk Absent: Approved by me this day of Attest: May, 2022. Village Clerk Mayor, Village of Skokie Page 2 of 11 VOSDOCS-#597738-v1 Resolution, Approving Local Public Agency Joint Funding Agreement, State-Let Construction w/IDOT, Oakton Multi-Use Path, Gross Point Rd. to Caldwell Avenue  Exhibit “1” Page 3 of 11 VOSDOCS-#597738-v1 Resolution, Approving Local Public Agency Joint Funding Agreement, State-Let Construction w/IDOT, Oakton Multi-Use Path, Gross Point Rd. to Caldwell Avenue  Page 4 of 11 VOSDOCS-#597738-v1 Resolution, Approving Local Public Agency Joint Funding Agreement, State-Let Construction w/IDOT, Oakton Multi-Use Path, Gross Point Rd. to Caldwell Avenue  Page 5 of 11 VOSDOCS-#597738-v1 Resolution, Approving Local Public Agency Joint Funding Agreement, State-Let Construction w/IDOT, Oakton Multi-Use Path, Gross Point Rd. to Caldwell Avenue  Page 6 of 11 VOSDOCS-#597738-v1 Resolution, Approving Local Public Agency Joint Funding Agreement, State-Let Construction w/IDOT, Oakton Multi-Use Path, Gross Point Rd. to Caldwell Avenue  Page 7 of 11 VOSDOCS-#597738-v1 Resolution, Approving Local Public Agency Joint Funding Agreement, State-Let Construction w/IDOT, Oakton Multi-Use Path, Gross Point Rd. to Caldwell Avenue  Page 8 of 11 VOSDOCS-#597738-v1 Resolution, Approving Local Public Agency Joint Funding Agreement, State-Let Construction w/IDOT, Oakton Multi-Use Path, Gross Point Rd. to Caldwell Avenue  Page 9 of 11 VOSDOCS-#597738-v1 Resolution, Approving Local Public Agency Joint Funding Agreement, State-Let Construction w/IDOT, Oakton Multi-Use Path, Gross Point Rd. to Caldwell Avenue  Page 10 of 11 VOSDOCS-#597738-v1 Resolution, Approving Local Public Agency Joint Funding Agreement, State-Let Construction w/IDOT, Oakton Multi-Use Path, Gross Point Rd. to Caldwell Avenue  Page 11 of 11 VOSDOCS-#597738-v1 Resolution, Approving Local Public Agency Joint Funding Agreement, State-Let Construction w/IDOT, Oakton Multi-Use Path, Gross Point Rd. to Caldwell Avenue PLAN COMMISSION REPORT 2021-31P: Chapter Amendment Community Development Department Council Chambers, 8:00 PM, May 16, 2022 To: Mayor and Board of Trustees From: Paul Luke, Chairman, Skokie Plan Commission Case: 2021-31P: Zoning Chapter Amendment General Zoning Ordinance Update PLAN COMMISSION ANALYSIS At its April 7, 2022 meeting, the Plan Commission reviewed updates to the zoning ordinance presented by staff including the following items: 1. No longer require formal public hearings for subdivision plats and parking determinations. These items will be presented as regular business on Plan Commission agendas. 2. Add the OR district in the site plan section. Even though site plan review is required in the OR district, it is not currently listed in the site plan section. 3. Prohibit window trim lighting that is not an architectural feature of the building. 4. Add a section for “Solar Energy Systems,” which explicitly allow rooftop-mounted and yard-installed solar panels. 5. Add the option for mixed-use developments in the B4 district. The change will incorporate design elements required in other mixed-use districts, change the name from B-4 to RX, and add cannabis dispensary as a permitted use to the district. 6. Allow parking to be shared between commercial and residential uses within mixed-use developments. 7. Change buffer requirements for cannabis dispensaries if located within 750 ft. from Skokie Police Headquarters. #597640 – Master Plan Commission Report for 2021-31P – Zoning Chapter Amendment- General Update The Plan Commission unanimously approved the proposed chapter amendment on the condition that staff works on language that will maintain a minimum level of commercial within the B4 district. Please also note that staff continued to improve the amendment language after the Plan Commission’s recommendation, but no substantive changes were made. INTERESTED PARTIES Legal Notice was properly advertised as prescribed by the Zoning Chapter. For the solar panel section, staff worked with SolSmart. For the B4 changes, staff worked with affected property owners including representatives of Westfield Old Orchard Mall, Village Crossing, and the owners of property at Touhy & Linder. PLAN COMMISSION RECOMMENDATION AND VOTING The Plan Commission recommended, by a vote of 5 ayes, 0 nays, and 4 members absent, that Chapter 118 Zoning of the Skokie Village Code be amended as recommended in the Staff Report for 2021-31P. ATTENDANCE AYES NAYS ABSENT Lakhani X Ousley (moved) X Shah X Franklin X Gevaryahu X Minchella X Burman X Mathee (second) X Luke X #597640 – Master Plan Commission Report for 2021-31P – Zoning Chapter Amendment- General Update RECOMMENDED CHAPTER AMENDMENT Sec. 118.8 Hearing, appeals, and modified reviews. (a) Hearings (1) Notice. Public hearings are required for map amendments, chapter amendments, site plan approvals, special use permits, and variances and are not required for parking determinations or subdivision plats. Upon receipt of an application in proper form, the Zoning Official shall arrange to advertise the time and place of the public hearing. Such advertisement shall be given by at least one publication in a newspaper of general circulation within the Village. Such notice shall state the nature of the request, the location of the property, and the time and place of the hearing. Except for parking determinations and zoning chapter amendments, personal notice must be given by regular mail of the time and place of the hearing to each property owner, as ascertained by the most recent available property tax records available to the public by the Cook County Assessor's Office, of all lots or buildings lying in whole or part within 250' of the property lines of the subject property and all tenants, occupants, and property owners on the subject property. The petitioner must file an affidavit with the Zoning Official containing a complete list of the names and last known addresses of all persons served proper notice pursuant to this section. The notice shall be advertised, posted in a conspicuous manner on the subject property, and delivered by first class mail not more than 45 days nor less than 15 days prior to the hearing, as applicable. Sec. 118-58. – Required site plan approval. In the OR Office Research District and all business, mixed-use and residential districts site plan approval is required for the development, redevelopment, or modification of buildings and structures or site plan modifications of sites 1 acre or larger in size. Sec. 118-71. Window Trim Lighting Rope lighting, flexible lighting, series lighting and other similar application window trimming are prohibited if visible from a #597640 – Master Plan Commission Report for 2021-31P – Zoning Chapter Amendment- General Update  public way. This section is not intended to prohibit seasonal lights. Sec. 118-72. Solar Energy Systems (a) Roof-mounted solar energy system (1) Defined as a solar energy system that is structurally mounted to the roof of a building or structure. (2) Permitted as an accessory structure within all zoning districts. (3) The height shall be no more than 15’ above the highest point of a building’s roof or 15’ above the existing allowable building height in the district, whichever is lower in height. (4) No portion of the structure shall be located within any required yard. (b) Ground-mounted solar energy system (1) Defined as a solar energy system that is structurally mounted to the ground and is not roof-mounted (2) Permitted as an accessory structure within all zoning districts. (3) The structure height shall not exceed 1 story or 15’ in height. (4) The structure shall meet setback requirements for accessory structures as per Section 118-60 of this chapter. (5) The total area of all accessory structures shall not occupy more than 30% of the rear yard. (c) Electrical transmission lines. All on-site electrical transmission lines connecting a solar energy system to a building or to the electrical distribution system shall be located underground. (d) Building permit required. A building permit is required for the construction or installation of a solar energy system. #597640 – Master Plan Commission Report for 2021-31P – Zoning Chapter Amendment- General Update Sec. 118-99. – Cannabis dispensaries. (c) Location restrictions. A dispensary shall not be located within 1,500' of the property line of a pre-existing dispensary or within 1,000' of the property line of private or public school grounds, a child care center not in a residence, a public park, a library, or a games arcade establishment to which admission is not restricted to persons 21 years or older, unless it is located within 750 feet of Village Police Headquarters and all other statutory location restrictions are met. Sec. 118-145. - B4 Regional Shopping district. Sec. 118-188. – RX Regional Mixed-Use Shopping District The Regional Mixed-Use Shopping district is established to accommodate business establishments of a wide range of mixed-use, retail business, and complementary uses to serve a trade area reaching out for several miles or more and embracing a large segment of an urban region. All properties within this district shall be considered planned developments requiring site plan approval in accordance with Article II of this chapter. The following requirements shall apply to the B4 RX district: Minimum District Size: 20 acres Commercial Buildings: (1) Building height. The maximum building height shall be: a. Three stories, not to exceed a maximum height of 65 feet. b. Twelve stories, not to exceed a maximum height of 175 feet, provided that the following criteria are met: 1. The third level of such structure shall not be located closer than 250 feet to each boundary of the district; and 2. The maximum floor area shall not exceed 12,000 ft 2 per floor above the third level. (2) Yards. No building, structure or accessory building shall be erected or maintained within 150 feet of any boundary of a B4 district. Mixed-Use Buildings: #597640 – Master Plan Commission Report for 2021-31P – Zoning Chapter Amendment- General Update  (1) Building height. The maximum building height shall be twelve stories, not to exceed a maximum height of 175 feet. (2) Yards. A minimum front yard of 25 feet along Illinois State Route frontages and 15 feet along other street frontages is required. A minimum side and rear yard of 25 feet is required. A minimum landscaped buffer yard of 25 feet is required when adjoining the property line of a residentially-zoned property within or outside the Village boundaries. Credit against applicable yards will be extended for any land donated for right-of-way purposes. (3) Commercial area. A minimum of 10,000 square feet or 15% of net first-floor area, whichever is less, of first-floor commercial is required within each mixed-use building, excluding space devoted to parking. (4) Building design. a. The minimum first floor height, measured from grade to the second story finished floor level floor, for commercial spaces shall be 15 feet. b. The minimum depth on the first floor commercial shall be 24 feet. c. At least 60% of first floor linear frontage shall be devoted to commercial uses or lobby area. d. At least 50% of the wall area that is between 2 and 12 feet above grade shall be occupied by windows and/or entry doors. These windows and doors shall be the following requirements: 1. Utilize clear transparent glass in order to provide clear views of building interiors from the street to allow natural surveillance of the street and adjacent outdoor spaces. 2. Tint, internal screening, patterns or mirrored coatings are prohibited. 3. Coatings shall be limited to those necessary to meet the minimum U-factor requirement in the latest edition of the International Energy Conversation Code adopted by the State of Illinois. 4. Be of commercial grade and design. #597640 – Master Plan Commission Report for 2021-31P – Zoning Chapter Amendment- General Update  5. The surface shall not be covered or obstructed by products, signs in excess of the requirements in the Signs chapter, or other opaque materials placed behind the window. e. An entrance to a corner building shall be located at the corner. (5) Restricted uses. Residential uses are only to be permitted within mixed-use buildings. Section 118-211. Collective use of parking spaces No parking shall serve as a required space for more than 1 use, except in mixed-use developments on the same site, where 20% of required parking for residential uses may be shared with commercial uses through a shared parking agreement. Appendix A. — Use Table Residence, 3- or more unit multifamily Add as a Restricted Use (R) in the RX District Cannabis dispensary Add as a Permitted Use (P) in the RX District #597640 – Master Plan Commission Report for 2021-31P – Zoning Chapter Amendment- General Update  ATTACHMENTS 1. Staff Report 2. Meeting Minutes #597640 – Master Plan Commission Report for 2021-31P – Zoning Chapter Amendment- General Update STAFF REPORT 2021-31P: Zoning Chapter Amendment Community Development Department Council Chambers, 7:30 PM, April 7, 2022 To: Paul Luke, Chairman, Skokie Plan Commission From: Matt Brandmeyer, AICP, Community Development Director Case: 2021-31P: Zoning Chapter Amendment: General Zoning Ordinance Update General Information Petitioner Village of Skokie Purpose The Village of Skokie is requesting an amendment to Section 118 of the Skokie Village Code to make changes to the Zoning Ordinance to the B4 Shopping District, the addition of Solar Requirements, and other updates and corrections. STAFF REVIEW Staff proposes the following updates to the zoning ordinance: 1. Public hearings – staff proposes to remove the requirement for public hearings to be held for parking determinations and subdivision plats. There is no specific statutory requirement to hold hearings for these items, and they can be reviewed as regular business. Since subdivision plat reviews are largely a ministerial process where the Village is obligated to approve a plat that meets minimum requirements, staff is concerned a formal public hearing raises expectations by the public that a plat can be denied even if it meets minimum requirements. We experienced this a few months ago with the review of a plat on Wood Drive because it had ties to the Carvana proposal. 2. OR district site plan approval – staff proposes to add the OR district to the site plan approval section. As per the OR district regulations a site plan review is required in the OR district. However, the site plan section omits review for industrial zoning districts including OR. Staff proposes this change in order to avoid confusion for future OR district proposals. 3. Window trim lighting – staff proposes a prohibition on window trim lighting. Staff has received complaints that window trim lighting is unsightly and disharmonious with nearby businesses and commercial street frontage. 4. Solar energy systems – staff proposes to include specific language for solar energy systems or solar panels in coordination with SolSmart. The code doesn’t address solar panels. We have approved them as accessory structures. By adding the language to the code, we are explicitly allowing their review and approval. The ordinance language VOSDOCS‐#596793‐v1‐Staff_Report_for_2021‐31P_Zoning_Chapter_Amendment_‐_General_Update  employs language provided by SolSmart and uses language from our Wind Energy System requirements. 5. B4 Shopping District – staff proposes to add a mixed-use building option to the B4 district. The change is in anticipation of a mixed-use development proposal at Touhy & Linder. Old Orchard Mall and Village Crossing, which are the only B4 areas in the Village, have expressed interest in adding mixed-use development to their campuses. Mixed-use is a trend seen in large shopping areas across the country and may play a key role in their continued vitality. The proposed language uses existing B4 district language and components of the Mixed- use district requirements. This included adding multifamily as a restricted use in the district. The proposed development includes a potential cannabis dispensary. The Touhy/Linder area is one of two areas where a dispensary can be located with the other being the existing Curaleaf site. Staff has added this as a permitted use in the district. 6. Collective use of parking – staff proposes to allow parking to be shared between commercial and residential uses within a mixed-use building outside the mixed-use districts. The rationale is businesses can use residential parking when it isn’t being used since the peak times are different. Staff proposes to allow up to 20% of required residential parking to be shared. STAFF RECOMMENDATION Staff recommends that Chapter 118 Zoning of the Skokie Village Code be amended with the text in BOLD as follows: Sec. 118.8 Hearing, appeals, and modified reviews. (a) Hearings (1) Notice. Public hearings are required for map amendments, chapter amendments, site plan approvals, special use permits, and variances and are not required for parking determinations or subdivision plats. Upon receipt of an application in proper form, the Zoning Official shall arrange to advertise the time and place of the public hearing. Such advertisement shall be given by at least one publication in a newspaper of general circulation within the Village. Such notice shall state the nature of the request, the location of the property, and the time and place of the hearing. Except for parking determinations and zoning chapter amendments, personal notice must be given by regular mail of the time and place of the hearing to each property owner, as ascertained by the most recent available property tax records available to the public by the Cook County Assessor's Office, of all lots or buildings lying in whole or part within 250' of the property lines of the subject property and all tenants, occupants, and property owners on the subject property. The petitioner must file an affidavit with the Zoning Official containing a complete list of the names and last known addresses of all persons served proper notice VOSDOCS‐#596793‐v1‐Staff_Report_for_2021‐31P_Zoning_Chapter_Amendment_‐_General_Update  pursuant to this section. The notice shall be advertised, posted in a conspicuous manner on the subject property, and delivered by first class mail not more than 45 days nor less than 15 days prior to the hearing, as applicable. Sec. 118-58. – Required site plan approval. In the OR Office Research District and all business, mixed-use and residential districts site plan approval is required for the development, redevelopment, or modification of buildings and structures or site plan modifications of sites 1 acre or larger in size. Sec. 118-71. Window Trim Lighting Rope lighting, flexible lighting, series lighting and other similar application window trimming are prohibited if visible from a public way. This section is not intended to prohibit seasonal lights. Sec. 118-72. Solar Energy Systems (a) Roof-mounted solar energy system (1) Defined as a solar energy system that is structurally mounted to the roof of a building or structure. (2) Permitted as an accessory structure within all zoning districts. (3) The height shall be no more than 15’ above the highest point of a building’s roof or 15’ above the existing allowable building height in the district, whichever is lower in height. (4) No portion of the structure shall be located within any required yard. (b) Ground-mounted solar energy system (1) Defined as a solar energy system that is structurally mounted to the ground and is not roof-mounted (2) Permitted as an accessory structure within all zoning districts. (3) The structure height shall not exceed 1 story or 15’ in height. (4) The structure shall meet setback requirements for accessory structures as per Section 118-60 of this chapter. (5) The total area of all accessory structures shall not occupy more than 30% of the rear yard. (c) Electrical transmission lines. VOSDOCS‐#596793‐v1‐Staff_Report_for_2021‐31P_Zoning_Chapter_Amendment_‐_General_Update  All on-site electrical transmission lines connecting a solar energy system to a building or to the electrical distribution system shall be located underground. (d) Building permit required. A building permit is required for the construction or installation of a solar energy system. Sec. 118-99. – Cannabis dispensaries. (c) Location restrictions. A dispensary shall not be located within 1,500' of the property line of a pre-existing dispensary or within 1,000' of the property line of private or public school grounds, a child care center not in a residence, a public park, a library, or a games arcade establishment to which admission is not restricted to persons 21 years or older, unless it is located within 750 feet of Village Police Headquarters and all other statutory location restrictions are met. Sec. 118-145. - B4 Regional Shopping district. Sec. 118-188. – RX Regional Mixed- Use Shopping District The Regional Mixed-Use Shopping district is established to accommodate business establishments of a wide range of mixed-use, retail business, and complementary uses to serve a trade area reaching out for several miles or more and embracing a large segment of an urban region. All properties within this district shall be considered planned developments requiring site plan approval in accordance with Article II of this chapter. The following requirements shall apply to the B4 RX district: Minimum District Size: 20 acres Commercial Buildings: (1) Building height. The maximum building height shall be: a. Three stories, not to exceed a maximum height of 65 feet. b. Twelve stories, not to exceed a maximum height of 175 feet, provided that the following criteria are met: 1. The third level of such structure shall not be located closer than 250 feet to each boundary of the district; and 2. The maximum floor area shall not exceed 12,000 ft 2 per floor above the third level. (2) Yards. No building, structure or accessory building shall be erected or maintained within 150 feet of any boundary of a B4 district. VOSDOCS‐#596793‐v1‐Staff_Report_for_2021‐31P_Zoning_Chapter_Amendment_‐_General_Update Mixed-Use Buildings: (1) Building height. The maximum building height shall be twelve stories, not to exceed a maximum height of 175 feet. (2) Yards. A minimum front yard of 25 feet along Illinois State Route frontages and 15 feet along other street frontages is required. A minimum side and rear yard of 25 feet is required. A minimum landscaped buffer yard of 25 feet is required when adjoining a residentially-zoned property within or outside the Village boundaries. (3) Commercial area. A minimum of 10,000 square feet or 15% of gross first- floor area, whichever is less, of first-floor commercial is required within each mixed-use building. (4) Building design. a. The minimum first floor height measured from grade to the second story finished floor level floor shall be 15 feet. b. The minimum depth on the first floor commercial shall be 24 feet. c. At least 60% of first floor linear frontage shall be devoted to commercial uses or lobby area. d. At least 50% of the wall area that is between 2 and 12 feet above grade shall be occupied by windows and/or entry doors. These windows and doors shall be the following requirements: 1. Utilize clear transparent glass in order to provide clear views of building interiors from the street to allow natural surveillance of the street and adjacent outdoor spaces. 2. Tint, internal screening, patterns or mirrored coatings are prohibited. 3. Coatings shall be limited to those necessary to meet the minimum U-factor requirement in the latest edition of the International Energy Conversation Code adopted by the State of Illinois. 4. Be of commercial grade and design. 5. The surface shall not be covered or obstructed by products, signs in excess of the requirements in the Signs chapter, or other opaque materials placed behind the window. e. An entrance to a corner building shall be located at the corner. VOSDOCS‐#596793‐v1‐Staff_Report_for_2021‐31P_Zoning_Chapter_Amendment_‐_General_Update  (5) Restricted uses. Residential uses are only to be permitted within mixed- use buildings. Section 118-211. Collective use of parking spaces No parking shall serve as a required space for more than 1 use, except in mixed-use buildings where 20% of required parking for residential uses may be shared with commercial uses. Appendix A. – Use Table Residence, 3- or more unit multifamily Add as a Restricted Use (R) in the B4 District Cannabis dispensary Add as a Permitted Use (P) in the B4 district VOSDOCS‐#596793‐v1‐Staff_Report_for_2021‐31P_Zoning_Chapter_Amendment_‐_General_Update  Draft Plan Commission Meeting Minutes Date: April 7, 2022 A motion to approve the minutes of the March 17, 2022 Plan Commission meeting was made by Commissioner Franklin, seconded by Commissioner Mathee, and approved by all with a voice vote. Commissioner Burman was acting as chairman for this meeting. Case Description: 2021-31P – Zoning Chapter Amendment: General Zoning Ordinance Update The Village of Skokie is requesting an amendment to Section 118 of the Skokie Village Code to make changes to the Zoning Ordinance, including revisions to the B4 Regional Shopping District, the addition of Solar Requirements, and other updates and corrections. Discussion and Interested Parties Legal notice was advertised, as prescribed by the Zoning Chapter. Corporation Counsel determined that notice was proper and correct. Staff requested the report be entered into the record as written. New updates to several sections of the Zoning Ordinance are being proposed. Among those updates and changes are: - removing the requirement of public hearing for parking determinations and subdivision requests. These processes can be handled as regular business. - adding the OR district to the site plan approval section; currently industrial districts are not reviewed. - prohibiting window trim lighting other than architectural features due to complaints of unsightliness and disharmony with nearby businesses and the commercial street frontage. - include specific language regarding solar energy systems and panels to allow them as permitted accessory uses. Language to be provided by SolSmart, an industry neutral company, using language from the Wind Energy Systems requirements. - adding a mixed-use component to the regional shopping districts; changing them to RX (regional mixed-use shopping districts) instead of B4. Both regional shopping areas have expressed interest in adding a mixed-use development to their campuses. - changing the location restrictions of a cannabis dispensary to include within 750 feet of Police Headquarters. - sharing of 20% parking spaces between commercial & residential uses within a mixed- use building if their peak times are different. Staff gave a preview of a mixed-use development that is being considered near the industrial area at Touhy & Linder with first floor commercial (where a 2nd cannabis dispensary could be locating) and apartments above. A commissioner commented that language is needed to protect the commercial balance within a regional shopping district like Old Orchard and Village Crossing. 597096- April 7, 2022 Plan Commission meeting minutes –Zoning Chapter Amendment The chairman agreed that Skokie is known for Old Orchard now, but the future is unknown and if language is there protecting the commercial balance, then developers must go through an approval process by the Village before changing that balance. Recommendations and Voting A motion was made to approve, as amended, the request for an amendment to Section 118 of the Skokie Village Code to make changes to the Zoning Ordinance including revisions to the B4 districts, the addition of Solar Requirements, and other updates. It was recommended that the Village adopt language that would establish the relationship between the commercially zone space with the addition of a residential component. Motion: Ousley Second: Mathee Absent: Gevaryahu, Lakhani, Luke, & Shah Ayes: 5 Nays: 0 The chairman introduced new members, Peter Ousley and Erica Minchella, to the commission. Welcome comments were expressed by all. 597096- April 7, 2022 Plan Commission meeting minutes –Zoning Chapter Amendment