LLCC Board of Trustees Regular Meeting May 28, 2014
Justin Reichert, Chair Craig Findley, Vice Chair Jerry Wesley, Secretary Jeff Fulgenzi Kent Gray Wayne Rosenthal Dennis Shackelford Jefferson Gentry, Student Trustee Charlotte Warren, President
BOARD OF TRUSTEES LINCOLN LAND COMMUNITY COLLEGE ILLINOIS COMMUNITY COLLEGE DISTRICT #526
AGENDA REGULAR MEETING Wednesday, May 28, 2014 5:00 p.m. Lincoln Land Community College Robert H. Stephens Room
I.
Preliminary Matters A. B. C. D. E.
II.
Roll Call Pledge of Allegiance Adoption of Agenda of the May 28, 2014 Meeting Introductions and Recognitions Hearing of Citizens
Consent Agenda A. Approval of Minutes of the Regular Meeting of April 23, 2014 .............. 6 B. Ratify Payment of Bi-Monthly Checks and April Treasurer’s Report .............................................................................................. 29 C. Out-of-State Travel 1. Ratification of Out-of-State Travel ................................................. 30 2. Approval of Out-of-State Travel ..................................................... 31 D. Budget/Financial Items E. Purchasing 1. Miscellaneous Office Supplies....................................................... 33 F. Contracts/Agreements 1. Monthly Training Contract/Clinical Agreement Status Report........ 34 G. Monthly Grant Status Report .............................................................. 38 H. Facility Leases 1. Springfield Airport Authority Lease ................................................ 41 I. Construction Items 1. Taylorville Campus Renovation Asbestos Removal Monitoring .... 71 2. Taylorville Campus Asbestos Abatement ...................................... 72 3. Sangamon Hall Air Handler Unit #2 Replacement Change Orders ................................................................................................... 73 J. Other Items
III.
Action Agenda A. B. C. D.
Policies Academic Services Division Items Student Services Division Items Administrative Services Division Items 1. Updated Facilities Master Plan ...................................................... 76 E. Information Technology Systems Items F. Workforce Development and Community Education Items G. Executive Division Items IV.
Information Items A. Staff Reports 1. Academic Services 2. Student Services 3. Administrative Services a. Position Vacancies and Hires .................................................. 80 b. Construction Progress Update ................................................. 81 c. Monthly Financial Report 4. Information Technology Systems 5. Workforce Development and Community Education 6. Executive Division a. Review of Agenda Master Calendar......................................... 84 B. President’s Report C. Report from Faculty Senate D. Report from Faculty Association E. Report from Classified Staff F. Report from Professional Staff G. Report from Facilities Services Council H. Chairman’s Report I. Secretary’s Report J. Foundation Report K. Other Board Members’ Reports
V.
Strategic Discussion A. Student Leadership Development....................................................... 86
VI.
Executive Session
VII.
Actions from Open/Executive Session
VIII.
Adjournment
I. Preliminary Matters
II. Consent Agenda
AGENDA ITEM II.A
MINUTES OF THE REGULAR MEETING OF THE BOARD OF TRUSTEES LINCOLN LAND COMMUNITY COLLEGE ILLINOIS COMMUNITY COLLEGE DISTRICT #526
The regular meeting of the Board of Trustees of Lincoln Land Community College, Illinois Community College District #526 was held on Wednesday, April 23, 2014 at 5:05 p.m. in the Robert H. Stephens Room of the main campus with Chairman Reichert presiding . I. Preliminary Matters A. Roll Call Members present were Mr. Wesley, Mr. Fulgenzi, Mr. Shackelford, Mr. Belville, Mr. Rosenthal and Mr. Reichert. Mr. Gray and Mr. Findley were absent B. Pledge of Allegiance Chairman Reichert led the audience in the pledge of allegiance. C. Adoption of Agenda of the April 23, 2014 Meeting
MOTION NO. 04-23-14-1: Mr. Shackelford moved to adopt the agenda of the April 23, 2014 meeting. Mr. Belville seconded.
Those members voting aye were Mr. Wesley, Mr. Fulgenzi, Mr. Shackelford, Mr. Findley Mr. Belville (advisory), Mr. Rosenthal and Mr. Reichert. PASSED D. Seating of New Student Board Member and Oath of Office Chairman Reichert and Dr. Warren asked Mr. Belville, to come forward to bid him farewell, Dr. Warren read a resolution highlighting Mr. Belville’s many accomplishments, during his tenure as Student Trustee. Chairman Reichert read and presented a plaque
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to Mr. Belville, thanking him for his service as Student Trustee for the 2013-2014 academic year and wishing him well in his future endeavors. Dr. Warren and Chairman Reichert asked Mr. Jefferson Gentry to come forward. Chairman Reichert administered the Oath of Office to Mr. Gentry, the newly elected Student Trustee, and welcomed him to the Lincoln Land Community College Board of Trustees. Mr. Gentry took his seat at the Board table. E. Introductions and Recognitions 1. Student Elections Ms. Mary Warren, Interim Director of Student Life, asked the newly elected members and officers of the Student Government Association (SGA) to come forward and introduce themselves. In addition to the newly seated Student Trustee the following students were present: Jordan Roach, SGA President Tracy Johnson, SGA Treasurer Katie Robinson, SGA PR Officer Madeline Madden, SGA Health Professions Representative Miaomiao Liu, SGA Arts and Humanities Representative Aerica Terrell, SGA Representative at Large Melissa Plummer, SGA Vice President Nathan Bauser, SGA Secretary and Anabella Lochman, SGA Arts and Humanities Representative were unable to attend the Board of Trustees meeting. 2. Higher Learning Commission Reaffirmation of Accreditation On March 24 2014 The Higher Learning Commission’s Institutional Actions Council determined Lincoln Land Community College’s accreditation should be continued, with the next Reaffirmation of Accreditation scheduled in 2020-2021. Dr. Warren read aloud the Action Letter from Sylvia Manning, President of the Higher Learning Commission, which served at LLCC’s formal notification of the Institutional Actions Council decision. She thanked faculty, staff and the Board of Trustees for the wonderful job in assisting with LLCC’s first AQIP accreditation process. F. Hearing of Citizens – None
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II.
Consent Agenda
MOTION NO. 04-23-14-2: Mr. Wesley moved to: • approve the minutes of the Regular Meeting of March 26, 2014; • ratify payment of weekly checks issued during March 2014 and ratify, subject to audit, the March 31, 2014 Treasurer's Report; • approve ratification of out-of-state travel for the attached list of individuals; • approve out-of-state travel for the attached list of employees; • approve the Clinical Site Agreement with The Villas Senior Care Community; • approval of the attached Intergovernmental Cooperation Agreement Addendum with Southern Illinois University as presented; • approve the attached lease with the Montgomery County Farm Bureau for 2,136 square feet at 102 North Main in Hillsboro at a monthly cost of $734 commencing August 1, 2014 and ending July 31, 2016; • approve the resolution authorizing submission of the referenced Protection, Health and Safety Project to the Illinois Community College Board; • approve the lowest responsible bid in the amount of $166,400 by B&B Electric, Inc. and establish a 10% project contingency in the amount of $16,640; and • ratify the listed change order in the amount of $36,187.12 for the Menard Hall Subsurface Settlement Remediation project as presented. Mr. Rosenthal seconded.
Those members voting aye were Mr. Wesley, Mr. Fulgenzi, Mr. Shackelford, Mr. Gentry (advisory), Mr. Rosenthal and Mr. Reichert. PASSED III.
Action Agenda A. Policies 1. Revision to Board Policy 6.12 - Disposal of Capital Assets
The proposed revision to Board Policy 6.12 is presented this evening for a second reading and request for approval. This proposed revision allows the College to dispose of surplus and obsolete items valued less than $5,000 without seeking Board approval.
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MOTION NO. 04-23-14-3: Mr. Shackelford moved to approve Board Policy 6.12 – Disposal of Capital Assets. Mr. Fulgenzi seconded.
Those members voting aye were Mr. Wesley, Mr. Fulgenzi, Mr. Shackelford, Mr. Gentry (advisory), Mr. Rosenthal and Mr. Reichert. PASSED B. Academic Services Division Items - None C. Student Services Division Items – None D. Administrative Services Division Items 1. Banking Services Although the College is not required to bid banking service, LLCC has always done so. Mr. Vertrees stated LLCC conducts a Request for Proposals (RFP) for Banking Services every five years, and explained the RFP includes very specific specifications the banking institutions must be able to meet. LLCC received four proposals, and met with each of the four institutions to review their proposal. Based on a thorough analysis, a recommendation is submitted to award United Community Bank as LLCC’s depository for the next five fiscal years, based on their offering the lowest annual cost, highest earnings credit rate, and the highest interest earnings rate.
MOTION NO. 04-23-14-4: Mr. Fulgenzi moved to approve United Community Bank as Lincoln Land Community College’s main depository bank for the next five fiscal years (FY 2015 – FY 2019). Mr. Wesley seconded.
Those members voting aye were Mr. Wesley, Mr. Fulgenzi, Mr. Shackelford, Mr. Gentry (advisory), Mr. Rosenthal and Mr. Reichert. PASSED
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2. Health Insurance Rates for FY 2015 Dr. Warren stated LLCC’s Health Insurance Committee has had a difficult task struggling with the continuous rise in health care costs. The LLCC Health Insurance Committee met with the Insurance Consultant to review aggregate claims and large claims data as it pertains to LLCC’s stop loss coverage, health insurance plan design, and projected health insurance rates for FY 2015. Mr. Vertrees explained this year has been a particularly difficult one, in regard to large expensive claims. The Insurance Committee and Insurance Consultant reviewed claims from the past two years, trending the data forward to arrive at expected claims for the upcoming fiscal year. The initial review called for a premium increase of 16%, which prompted the Insurance Committee to review recommendations for plan design changes, in an effort to reduce the premium increase to 10%. The insurance committee’s recommendations are listed below: •
Continue to offer a High Deductible Plan option accompanied by a Health Savings Account conforming to IRS qualifying regulations. The deductible for this plan will remain at $2,750 per individual. After the deductible is satisfied, the plan pays 90% of in-network costs and the employee is responsible for 10% of those costs up to a maximum out-of-pocket cost of $2,000. Once the deductible and out-of-pocket maximum has been satisfied, the plan pays 100% of costs.
•
Continue to offer the Open Access Plan with the following plan design changes: Increase the Tier I deductible by $500 to $1,000 per person, Tier II from $750 to $1,250 per person, Tier III from $1,000 to $1,500 per person; increase the Tier I outof-pocket maximum by $500 to $2,250 per person, Tier II from $3,250 to $3,750 per person, Tier III from $4,250 to $4,750 per person; increase Rx co-pays from $10 to $20 generic, from $30 to $50 formulary, from $50 to $100 non-formulary; increase office visit co-pays to Tier I from $15 to $25, Tier II from $30 to $50.
•
In compliance with the Affordable Care Act, there will no longer be a pre-existing condition exclusion for new participants on our health insurance plans.
•
Establish health insurance rates for the HealthLink Open Access Plan for FY’15 at $880 for Employee only, $1,419 for Employee plus one, and $2,233 for Employee plus two or more. This reflects a 10% increase over last year’s rates.
•
Establish health insurance rates for the High Deductible Plan coupled with Health Savings Account for FY’15 at $600 for Employee only, $1,030 for Employee plus one, and $1,686 for Employee plus two or more.
•
Set the Board Contribution for health insurance at $880 per employee per month as required by our Collective Bargaining Agreements.
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•
Establish the Board Contribution to an employee’s Health Savings Account for those selecting the High Deductible Plan at the annual amount of $3,300. This is the yearly difference between the cost of single coverage under the Open Access Plan and the High Deductible Plan without exceeding the annual maximum contribution set by the IRS.
•
Continue with Lincoln Financial as the college’s dental insurance carrier, taking advantage of the 2-year rate guarantee for existing rates of $36 for Employee only, $78 for Employee plus one, and $126 for Employee plus two or more with the Board Contribution fixed at $36 per month.
MOTION NO. 04-23-14-5: Mr. Rosenthal moved approval of the recommended Health Insurance Rates for FY 2015 as presented. Mr. Shackelford seconded.
Those members voting aye were Mr. Wesley, Mr. Fulgenzi, Mr. Shackelford, Mr. Gentry (advisory), Mr. Rosenthal and Mr. Reichert. PASSED E. Information Technology Systems Items - None F. Workforce Development and Community Education Items – None G. Executive Division Items - None IV.
Information Items A. Staff Reports 1. Academic Services - None 2. Student Services – None 3. Administrative Services - None a. Position Vacancies and Hires
Dr. Warren noted this report includes another retirement resultant from the newly enacted pension reform. She also noted a couple position vacancies in the Student Services area explaining, because of recent retirements; Vice President Frederick has a 11
AGENDA ITEM II.A
unique opportunity to thoroughly review her department, with a goal of improving overall efficiency in the Student Services area. b. Construction Progress Update Dr. Warren stated the newest component of this report is the replacement of eight boilers in the Physical Plant of Sangamon Hall. c. Quarterly Budget Transfer Report This standard report reflects end of the third quarter transfers, with LLCC continuing to remain within the statutory requirements limiting the amount of transfers to 10% or less in any fund. 4. Information Technology Systems – None 5. Workforce Development and Community Education - None 6. Executive Division a. Review of Agenda Master Calendar Dr. Warren reminded Board members of the LLCC Foundation Gala on May 3, and Employee Recognition on May 7. She also noted LLCC’s Student Recognition program on April 29 and the Adult Education Recognition Program on May 14. B. President’s Report Just prior to the Board meeting, Chairman Reichert and fellow Trustees unveiled LLCC’s LEED (Leadership in Energy and Environmental Design) Silver Plaque at the Workforce Careers Center’s “Green Celebration”, which was part of the College’s Earth Week Celebration. This LEED certification identifies the building as “a showcase example of sustainable design”. As part of the Green Celebration, Chairman Reichert announced new “green” initiatives at LLCC, including a USDA Grant to research the College’s new movable high tunnel growing system and new certificate programs. Illinois Secretary of State Jesse White visited the main campus on April 8, participating in LLCC’s Honor Students’ initiative “Be A Hero” organ donation campaign. A press conference featuring Secretary White was held, which included several speakers, one of which was LLCC student Tyler Mathews.
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Illinois State Comptroller, Judy Baar Topinka visited the main campus on April 23, to support a State of Illinois Financial Training Workshop, entitled “Follow the Money”, presented by her staff. On April 16, Deborah Layton, a former high level member of the Peoples Temple and Jonestown Survivor shared her personal story entitled, “Seductive Poison: A Jonestown Survivor’s Story of Life and Death in the Peoples Temple”, to a large audience. “Jazzin’ It Up with Jack and Friends”, a concert for special needs children was held on April 5 at LLCC’s main campus. This event, organized by LLCC music faculty, Jane Hartman and Jason Waddell, included performances by the LLCC Stolen Moments ensemble, LLCC Big Band, and an “instrument petting zoo”. LLCC hosted the 1st Annual Central Illinois Junior FIRST® LEGO® League on April 6. The expo consisted of teams of children, aged 6-9, and was held in Cass Gymnasium on the main campus. Approximately 350 7th graders from Chatham visited LLCC’s main campus on April 2 and April 3, which included a careers presentation and tour of the Workforce Careers Center. LLCC Honor Students enrolled in the Biological Field Studies Course in Belize presented their research projects at a symposium on April 16 in the A. Lincoln Commons. The LLCC Agriculture Club hosted their 2nd Annual Farmers Share Luncheon on March 28 in the Student Union. The cost of a ticket (50 cents) represents the average amount a farmer receives out of the $6 cost of the meal. LLCC’s Annual Student Art Show opened with a reception on April 17. 75 entries were selected for the show, with award winners announced during the opening reception. The Art show will be open for viewing through May 8. A Soup and Stories presentation by LLCC International Students drew a full house on April 22. The LLCC Theatre presented two student-directed one-act plays on April 18, 19, 25 and 26 in the lower level of Sangamon Hall on the LLCC main campus.
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Recent LLCC notable honors include: •
Mary Flesch and Clark Johnson were honored as LLCC’s representatives on the Phi Theta Kappa All-Illinois Academic Team on April 1 at the Phi Theta Kappa Annual Banquet.
•
Eleven, LLCC second-year nursing students were inducted into the first class of the new LLCC Beta Nu Chapter of Alpha Delta Nu, National Nursing Honor Society on April 17.
•
Art Professor Thom Whalen has been selected to exhibit paintings, prints and sculpture at “Focus 4: Four Solo Exhibitions” at the Illinois State Museum Chicago Gallery. The exhibition will be open through August 15.
•
Dr. Wendy Howerter, Dean, District Learning Resources, has been elected President-Elect of the Illinois Council of Community College Administrators.
•
On April 11 the Sangamon County Department of Public Health presented a 2013 Gold Award to the LLCC Subway for its high inspection scores and commitment to food safety. C. Report from Faculty Senate - None D. Report from Faculty Association - None E. Report from Classified Staff - None F. Report from Professional Staff - None G. Report from Facilities Services Council - None H. Chairman’s Report
Chairman Reichert commented this has been a busy week; today he attended the Earth Week LEED Plaque unveiling and the “Follow the Money” financial conference. He also attended a children’s art show at the LLCC-Jacksonville campus a few weeks ago. Chairman Reichert conveyed his best wished to Vice President Vertrees, stating that he will be truly missed at the College, upon his retirement next week, and how fortunate the Board and College have been to have him at the helm of LLCC’s finances.
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I. Secretary’s Report Mr. Wesley reminded Trustees the next Illinois Community College Trustees Association (ICCTA) meeting will be in Springfield on April 29 and ICCTA’s Lobby Day is scheduled for April 30. He stated Trustee Rosenthal has arranged a Lobby Day meeting with LLCC Trustees and several legislators. J. Foundation Report Ms. Sanders, Executive Director of the LLCC Foundation stated she and the Foundation department are very excited in anticipation of the LLCC Gala, which is Saturday, May 3. Ms. Sanders announced they have a full house, with the Gala completely sold out. She thanked the many volunteers who’s hard work and commitment make the event successful, along with the Board of Trustees for their continued support. K. Other Board Members’ Reports - None V.
Strategic Discussion
Vice President Frederick provided a PowerPoint presentation on LLCC’s Strategic Planning Dashboard, highlighting Goal 4 – Community Engagement and Goal 5 – Diversity and Cultural Competency for Fiscal Year 2013. Ms. Frederick reviewed Goal 4 and the two main components which make up this goal: • Community Activities and Events • Participants in Community Activities and Events Ms. Frederick then reviewed Goal 5 and the three main components which make up this goal: • Maintain Demographic Reflection of LLCC District • Cultivating Connections • Maintaining a Climate of Caring, Respect, and Value for Different Cultures Ms. Frederick explained in depth, the Key Performance Indicators or metrics, used to measure the data supporting all of the above mentioned components for both Goal 4 and Goal 5.
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AGENDA ITEM II.A
VI.
Executive Session
MOTION NO. 04-23-14-6: Mr. Fulgenzi moved to hold an executive session for the purposes of discussing personnel issues, collective bargaining, real estate, student discipline, pending or imminent legal issues. Mr. Shackelford seconded.
Those members voting aye were Mr. Wesley, Mr. Fulgenzi, Mr. Shackelford, Mr. Gentry (advisory), Mr. Rosenthal and Mr. Reichert. PASSED
MOTION NO. 04-23-14-7: Mr. Fulgenzi moved to return to open session. Mr. Wesley seconded.
Those members voting aye were Mr. Wesley, Mr. Fulgenzi, Mr. Shackelford, Mr. Gentry (advisory), Mr. Rosenthal and Mr. Reichert. PASSED VII.
Actions from Executive Session
MOTION NO. 04-23-14-8: Mr. Wesley moved to approve the attached employment recommendations. Shackelford seconded.
Mr.
Those members voting aye were Mr. Wesley, Mr. Fulgenzi, Mr. Shackelford, Mr. Gentry (advisory), Mr. Rosenthal and Mr. Reichert. PASSED A general discussion was thereupon held regarding July 2014 Board travel to Washington, D.C., and it was the consensus of Board members that each Trustee would pay his own expenses for travel to and from Washington, while the College would pay for customary lodging and per diem expenses. Trustees noted the benefits of Board travel on behalf of the College but expressed a desire to moderate College expenses in light of the challenging fiscal environment for all public bodies.
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VIII.
Adjournment
MOTION NO. 04-23-9: Mr. Shackelford moved to adjourn the meeting. Mr. Rosenthal seconded.
Those members voting aye were Mr. Wesley, Mr. Fulgenzi, Mr. Shackelford, Mr. Gentry (advisory), Mr. Rosenthal and Mr. Reichert. PASSED The meeting adjourned at 7:40 p.m.
__________________________ Chairman Reichert
__________________________ Secretary Wesley
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AGENDA ITEM II.A
MEMORANDUM
TO:
Members, LLCC Board of Trustees
FROM:
Charlotte J. Warren President
SUBJECT:
Ratification of Out-of-State Travel
DATE:
April 23, 2014
Name Howerter, Wendy
Meeting Location American Board of Milwaukee, Registration for WI Electroencephalographic Evoked Potential Technologists
Date Account Amount April 10-11, Paid by American Board $0 2014 of Registration of Electroencephalographic and Evoked Technologists
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AGENDA ITEM II.A
MEMORANDUM
TO:
Members, LLCC Board of Trustees
FROM:
Charlotte J. Warren President
SUBJECT:
Approval of Out-of-State Travel
DATE:
April 23, 2014
Name Badgett, Janice Broderick, Victor and Psych Club (Approx. 8 Students) Cheek, Sharon
Coakes, Michelle
Cox, Dave and BIO 208 (Approx. 12 Students) Ecklund, Don and Phi Theta Kappa Club (Approx. 6 Students) Goetsch, Peggy and Environmental Club (Approx. 30 Students) Kreueger, Dee
Rhodes, Laurie
Meeting Location National Council Licensure Charlotte, NC Examinations Conference st ILLOWA 41 Annual Davenport, IA Undergraduate Psychology Conference
Account Faculty Allocation
2014 American Society of Radiologic Technologists Educational Symposium and Annual Governance Meeting National Institute for Staff and Organizational Development Excellence Award Conference Belize Trip – May 2015
Orlando, FL
Faculty Development
Austin, TX
Staff Development
Calabash Caye, Belize
Class Trip
Phi Theta Kappa NerdNation Conference
Orlando, FL
Club Trip
$7,815*
Smoky Mountains Camping and Hiking Trip
Gatlinburg, TN
Club Trip
$2,700**
National Institute for Staff Austin, TX and Organizational Development Excellence Award Conference National Association for Minneapolis, the Education of Young MN Children National Institute for Early Childhood Professional Development
Club Trip
Amount $731 $740*
$475
$2,502
$21,090**
Staff Development
$2,572
Administrative
$2,030
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Shull, Al
Drawing Workshop
Watkins, Danyle
National Association for the Education of Young Children National Institute for Early Childhood Professional Development
Eau Claire, WI Minneapolis, MN
Faculty Development
$1,747
Staff Development
$1,651
*Club Funds **Student Fees
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AGENDA ITEM II.A
LEASE
THIS LEASE is made between the MONTGOMERY COUNTY FARM BUREAU, an Illinois corporation, of Hillsboro, Illinois herein called “Lessor,” and LINCOLN LAND COMMUNITY COLLEGE DISTRICT NO. 526, with administrative offices in Springfield, Illinois herein called “Lessee.” 1. Description of Premises. Lessor leases to Lessee space in the Montgomery County Farm Bureau Building located at 102 North Main, Hillsboro, Illinois, consisting of approximately two thousand one hundred thirty six (2,136) square feet, hereinafter called the “Premises.” In addition, Lessee shall be permitted to use the parking lot associated with the Premises, and Lessee agrees to coordinate such usage with Lessor. The parties understand and agree that six spaces adjacent to the building are reserved for Farm Bureau visitors during normal business hours. 2. Term. The term of this lease shall be two (2) years to commence on August 1, 2014, and terminate on July 31, 2016, unless sooner terminated by a breach of the terms and conditions of this lease by Lessee or by abandonment of the premises by Lessee. Lessee shall have the option to renew this Lease for two additional years on the same terms (except for rental amount) provided Lessee notifies Lessor of its intent to renew no later than January 1, 2016. Rental must be mutually agreed on or before May 1, 2016, or this Lease shall terminate. Lessee shall surrender the premises to Lessor immediately on the termination of the lease term or any renewal thereof. 3. Rent. In consideration of the demised Premises herein, Lessee covenants and agrees to pay as rent for said demised Premises Eight Thousand, Eight Hundred Eight Dollars ($8,808) per annum in twelve equal monthly installments of Seven Hundred Thirty Four Dollars ($734), in advance, on the first day of each and every month during said term or any renewal thereof. 4. Accessibility. Lessor agrees to cause, rest rooms used by both Lessor and Lessee to conform to ADA or other applicable accessibility requirements, the cost of any required improvements to such rest rooms shall be borne equally by Lessor and Lessee. Any other improvements required for accessibility (including, but not limited to elevators, ramps or stairs) shall be paid for by Lessee. Lessor shall, at its expense, provide one door to separate Lessor’s uses from Lessee’s. Lessee shall, at its expense, provide one door to separate Lessee’s uses from Lessor’s. 5. Use and Occupancy. Lessee shall use and occupy the premises for conduct of its educational program and for no other purpose. Lessor represents that the Premises may lawfully be used for such purpose.
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6. Covenant to Pay Rent. Lessee shall pay rent to Lessor at Lessor’s above-stated address, or at such other place as Lessor may designate in writing without demand and without counterclaim, deduction, or setoff. 7. Care and Repair of Premises. Lessee shall commit no act of waste and shall take good care of the premises and the fixtures and appurtenances therein and shall in the use and occupancy of the premises conform to all laws, orders and regulations of the federal, state, and municipal governments or any of the departments (except as provided in paragraph 4, above). Lessor shall, at its own expense, provide maintenance of and reasonable snow removal from parking lot and entrances. Lessor agrees to maintain the roof, mechanical systems and structural portions of the building at its own expense and maintain the heating and air conditioning unit of the building at its existing capacity as of the date of this Lease. Lessor does not warrant that heating or air conditioning service will be free from interruptions for causes beyond the reasonable control of Lessor. Notwithstanding the foregoing, Lessee agrees to repair, repaint and/or otherwise decorate the premises used by it at its sole expense, as may from time to time be deemed by Lessee as necessary or appropriate. All improvements made by Lessee (or at Lessee’s request and paid for by Lessee) to the premises which are so attached to the Premises that they cannot be removed without material injury to the Premises shall become the property of Lessor upon installation. Not later than the last day of the term, Lessee shall, at Lessee’s expense, remove all Lessee’s personal property and those improvements made by Lessee which have not become the property of Lessor, including trade fixtures, cabinet work, movable paneling, partitions and the like; repair all injury done by or in connection with the installation or removal of such property and improvements; and surrender the Premises in as good condition as they were at the beginning of the term, reasonable wear and damage by fire, the elements, casualty, or other cause not due to the misuse or neglect by Lessee or Lessee’s agents, employees, visitors, or licensees excepted. All property of Lessee remaining on the Premises after the last day of the term of this lease shall be conclusively deemed abandoned and may be removed by Lessor, and Lessee shall reimburse Lessor for the cost of such removal. 8. Alteration, Additions, or Improvements. Lessee shall not, without first obtaining the written consent of Lessor, make any alterations, additions, or improvements in, to, or on and about the Premises. Lessor agrees to make any agreed upon alterations, additions or improvements solely at Lessee’s expense and provided Lessee agrees, in writing, to pay the actual cost of same as payments come due for Lessor. At the termination of this Lease, or any renewal thereof, all right, title and interest in and to any alterations, additions or improvements shall vest in Lessor at no cost to Lessor.
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9. Activities Increasing Fire Insurance Rates. Lessee shall not do or suffer anything to be done on the Premises that will increase the rate of first insurance on the Building. 10. Accumulation of Waste or Refuse Matter. Lessee shall not permit the accumulation of waste or refuse matter on the leased Premises or anywhere in or near the building. 11. Abandonment. Lessee shall not, without first obtaining the written consent of Lessor, abandon the Premises or allow the Premises to become vacant or deserted. 12. Assignment or Sublease. Lessee shall not, without first obtaining the written consent of Lessor, assign, mortgage, pledge, or encumber this lease in whole or in part or sublet the Premises or any part thereof. 13. Compliance with Rules and Regulations. Lessee shall observe and comply with such reasonable rules and regulations as Lessor may prescribe on written notice to Lessee for the safety, care and cleanliness of the building and the comfort, quiet, and convenience of other occupants in the building. 14. Utilities. Lessor shall furnish Lessee heat and air conditioning on business days, adequate and reasonable for the Premises herein leased. Lessee shall pay monthly, 20% of 1/12th of the total heating and air conditioning costs, based upon estimated utility costs from the previous year’s actual utility rate. Lessor will furnish Lessee with the previous one year billing history on or before October 1 of each year so arrangements can be made to pay utilities at the time monthly lease payments are being paid. 15. Destruction of Premises. In the event of a partial destruction of the Premises during the term from any cause, Lessor shall forthwith repair the same, provided the repairs can be made within sixty (60) days under the laws and regulations of applicable governmental authorities. Any partial destruction shall neither annul or void this lease, except that Lessee shall be entitled to a proportionate reduction of rent while the repairs are being made, any proportionate reduction being based on the extent to which the making of repairs shall interfere with the business carried on by Lessee in the Premises. If the repairs cannot be made in the specified time, Lessor may, at its option, make repairs within a reasonable time, this lease continuing in full force and effect, and the rent to be proportionately rebated as previously set forth in this paragraph. In the event that Lessor does not elect to make repairs that cannot be made in the specified time, or those repairs cannot be made under the laws and regulations of the applicable governmental authorities, this lease may be terminated at the option of either party. Should the building in which the demised Premises are situated be destroyed to the extent of no less than fifty percent (50%)
23
AGENDA ITEM II.A
of the replacement cost thereof, Lessor may elect to terminate this lease whether the demised Premises are damaged or not. A total destruction of the building in which the premises are situated shall terminate this lease. Any dispute between Lessor and Lessee relative to the provisions of this paragraph shall be subject to arbitration. Each party shall select an arbitrator, and the two arbitrators so selected shall select a third arbitrator between them. The controversy shall be heard by the three arbitrators so selected. The decision of the three arbitrators shall be final and binding on both Lessor and Lessee who shall bear the cost of such arbitration equally between them. 16. Waivers of Subrogation. Notwithstanding the provisions of Section 7 of this lease, in any event of loss or damage to the building, the Premises, and/or any contents, each party shall look first to any insurance in it favor before making any claim against the other party. To the extent possible without additional cost, each party shall obtain for each policy of such insurance provisions permitting waiver of any claim against the other for loss or damage within the scope of such insurance, and each party to such extent permitted for itself and its insurers waive all such insured claims against the other party. 17. Eminent Domain. If the Premises or any part thereof or any estate therein or any other part of the building materially affecting Lessee’s use of the Premises shall be taken by eminent domain, this lease shall terminate on the date when title vests pursuant to such taking. The rent shall be apportioned as of the termination date, and any rent paid for any period beyond that date shall be repaid to Lessee. Lessee shall not be entitled to any part of the award for such taking of any payment in lieu thereof, but Lessee may file a claim for any taking of fixtures and improvements owned by Lessee and for moving expenses. 18. Lessor’s Remedies on Default. If Lessee defaults in the payment of rent or defaults in the performance of any of the other covenants or conditions hereof, Lessor may give Lessee notice or such default, and if Lessee does not cure any rental default within ten (10) days or other default within thirty (30) days after giving such notice (or is such other default is of such nature that it cannot be completely cured within such period, if Lessee does not within such thirty (30) days and thereafter proceed with reasonable diligence and in good faith to cure such default), then Lessor may terminate this lease and on not less than ten (10) days’ notice to Lessee. On the date specified in such notice, the term of this lease shall terminate, and Lessee shall then quit and surrender the Premises to Lessor, but Lessee shall remain liable as hereinafter provided. If this lease shall have been so terminated by Lessor, Lessor may at any time thereafter resume possession of the premises by any lawful means and remove Lessee or other occupants and their effects. 19. Deficiency. In any case where Lessor has recovered possession of the Premises by reason of Lessee’s default, Lessor may, at Lessor’s option, occupy the Premises or cause the Premises to be redecorated, altered, divided, consolidated with other adjoining Premises, or otherwise change or prepare for reletting, and may relet the Premises or any part thereof as agent of Lessee or otherwise for a term or terms to expire
24
AGENDA ITEM II.A
prior to, at the same time as, or subsequent to the original expiration date of this lease, at Lessor’s option, and receive the rent thereof. Rent so received shall be applied first to the payment of such expenses as Lessor may have incurred in connection with the recovery of possession, redecorating, altering, dividing, consolidating with other adjoining premises or otherwise changing or preparing for reletting, and the reletting, including brokerage and reasonable attorney’s fees. Thereafter it shall be applied to the payment of damages in amounts equal to the rent hereunder and to the cost and expenses of performance of the other covenants of Lessee as herein provided. Lessee agrees, in any such case, whether or not Lessor has relet, to pay Lessor damages equal to the rent and other sum herein agreed to be paid by Lessee, less the net proceeds of the reletting, if any, as ascertained from time to time, and the same shall be payable by Lessee on the several rent days above specified. In reletting the Premises as aforesaid, Lessor my grant rent concessions, and Lessee shall not be credited therewith. No such reletting shall constitute a surrender and acceptance or be deemed evidence thereof. If Lessor elects pursuant hereto actually to occupy and use the Premises or any part thereof during any part of the balance of the term as originally fixed or since extended, there shall be allowed against Lessee’s obligation for rent or damages as herein defined, during the period of Lessor’s occupancy, the reasonable value of such occupancy, not to exceed in any event the rent herein reserved and such occupancy shall not be construed as relief of Lessee’s liability hereunder. Lessor’s remedies hereunder are in addition to any remedy allowed by law. 20. Additional Space. If and when additional space becomes available in Lessor’s building, Lessor shall first offer such space to Lessee subject to such terms and conditions as may be acceptable to the parties. 21. Signs. Lessee may place signs on Lessor’s building and/or parking area subject to approval of Lessor, which approval shall not be unreasonable withheld. All signs must comply with applicable laws, rules, ordinances and regulations applicable thereto. 22. No waiver of Covenants or Conditions. The failure of either party to insist on strict performance of any covenant or condition hereof, or to exercise any option herein contained, shall not be construed as a waiver of such covenant, condition, or option in any other instance. This lease cannot be changed or terminated orally. 23. Right to Cure Lessee’s Breach. If Lessee breaches any covenant or condition of this lease, Lessor may on reasonable notice to Lessee (except that no notice need be given in case of emergency), cure such breach at the expense of Lessee. The reasonable amount of all expenses, including attorney’s fees, incurred by Lessor in so doing (whether paid by Lessor or not) shall be deemed additional rent payable on demand. 24. Termination. Lessee may terminate the lease by providing not less than six (6) months written notice of intent and date of such termination. On termination by Lessee, all
25
AGENDA ITEM II.A
Lessee’s rights, title and interest in improvements made by Lessee in the Montgomery County Farm Bureau shall, without further action or payment, vest in Lessor. 25. Notices. Any notice by either party to the other shall be in writing and shall be deemed to have been given only if delivered personally or sent by registered or certified mail in a postpaid envelope addressed, if to Lessee ant the above-described building; if to Lessor, or at Lessor’s address as set forth above; or at such other addresses as Lessee and Lessor respectively may designate in writing. Notice shall be deemed to have been duly given if delivered personally on delivery thereof, and if mailed, on the third day after mailing thereof. 26. Quiet Enjoyment. Lessor covenants that if and so long as Lessee pays the rent as herein provided, and performs toe covenants hereof, Lessee shall peaceable and quietly have, hold, and enjoy the Premises for the term herein mentioned, subject to the provisions of this least. 27. No Other Representations. No representations or promises shall be binding on the parties hereto, expect those representations and promises contained herein or in some future writing signed by the party making such representations or promises. 28. Section Headings. Section headings in this lease are intended for convenience only and shall not be taken into consideration in any construction or interpretation of this lease or any of its provisions. 29. Applicability to Successors and Assigns. The provisions of this lease shall apply to, bind, and inure to the benefit of Lessor and Lessee and their respective successors and assigns. Executed in duplicate at Springfield, Illinois, on the 23rd day of April, 2014.
LESSOR:
LESSEE:
MONTGOMERY COUNTY FARM BUREAU
LINCOLN LAND COMMUNITY COLLEGE
By__________________________By________________________________
Its__________________________Its__________________________________
26
AGENDA ITEM II.A
MEMORANDUM
TO:
Members, LLCC Board of Trustees
FROM:
Charlotte J. Warren President
SUBJECT:
Employment Recommendations
DATE:
April 23, 2014
We recommend the following personnel actions:
FACULTY A.
Resignations
NAME Patricia Lager
POSITION Professor
DEPARTMENT Mathematics & Sciences
EFFECTIVE DATE 07/31/14
B.
Approve the employment, pending the successful outcome of the criminal background check and drug screen, of Mr. Timothy McKenzie as Journalism/Humanities Instructor. Mr. McKenzie earned a MS in Journalism from the University of Illinois-Urbana-Champaign. He has been the copy editor at the Herald & Review newspaper in Decatur the past seven years and has also been an adjunct instructor at LLCC. His employment will be effective August 21, 2014, and placement will be on Column Masters +30, Step 10 of the 2014-15 faculty salary schedule. A copy of his curriculum vitae is attached.
C.
Approve the employment, pending the successful outcome of the criminal background check and drug screen, of Ms. Deana Schenk as a one-semester, non-tenure track English Instructor. Ms. Schenk obtained her Master of Arts in English from the University of Illinois Springfield and her Bachelor of Arts in English from Illinois College. Her employment would be effective August 21, 2014 and placement would be on Column Masters, Step 9 of the 2014-15 faculty schedule. A copy of Ms. Schenk’s curriculum vitae is attached.
27
AGENDA ITEM II.A
D.
Approve a change in retirement date for Jeri Buckner, Professor, English. Her original retirement date was scheduled for May 15, 2015 and she has changed the date to June 28, 2014.
ADMINISTRATIVE A.
Approve the employment of Mr. Todd McDonald as Vice President, Administrative Services. Mr. McDonald earned a Masters of Science in Adult and Higher Education and a BS in Accountancy from Northern Illinois University. He is presently the Dean of Finance and Facilities at North Central Michigan College and prior to that was the Assistant Vice President of Finance at McHenry County College. His employment will be effective May 27, 2014. A copy of Mr. McDonald’s resume is attached.
B.
Approve the employment of Ms. Lisa Collier as Associate Vice President, Enrollment Services. Ms. Collier has been serving as the Assistant Vice President-Financial Aid at LLCC since August 2013. Her employment will be effective May 1, 2014, and placement will be on Salary Grade O. A copy of Ms. Collier’s resume is attached.
C.
Approve a 15% increase to the salary of Mary Beth Ray, Director, Career Development Services, who will serve as Interim Director of Advising & Counseling due to the retirement of Mary Warren. This increase will be effective May 1 and will continue until a decision is made on the vacancy.
D.
Approve extension of President’s Employment Contract.
28
AGENDA ITEM II.B
MEMORANDUM
TO:
Members, LLCC Board of Trustees
FROM:
Charlotte J. Warren President
SUBJECT:
Ratify Payment of Bi-Monthly Checks and the April Treasurer’s Report
DATE:
May 28, 2014
In accordance with Lincoln Land Community College Board of Trustees Policy 6.1, the following items are available in the President’s Office and Vice President, Administrative Services Office for your review and subsequent action: A. The Check Register of bi-monthly accounts payable checks issued during April 2014 (payments for purchase order payments, equipment, supplies, lease payments, maintenance agreements, travel, employee reimbursements, membership dues, subscriptions, club vouchers, prepaid purchase orders, and time sensitive payment due dates – generally, items included under Board Policy 6.6). B. The Treasurer’s Report for the month ending April 30, 2014.
MOTION: Ratify payments of bi-monthly checks issued during April 2014 and ratify, subject to audit, the April 30, 2014 Treasurer’s Report.
Longhta
29
AGENDA ITEM II.C.1
MEMORANDUM
TO:
Members, LLCC Board of Trustees
FROM:
Charlotte J. Warren President
SUBJECT:
Ratification of Out-of-State Travel
DATE:
May 28, 2014
Name Voyles, Heather
Meeting Advanced Clery Act Training Class
Patarozzi/Curry
Location Nashville, TN
Date March 31April 3, 2014
Account Staff Development
Amount $1,724
30
AGENDA ITEM II.C.2
MEMORANDUM
TO:
Members, LLCC Board of Trustees
FROM:
Charlotte J. Warren President
SUBJECT:
Approval of Out-of-State Travel
DATE:
May 28, 2014
Name Collier, Lisa
Fulgenzi, Jeff
Meeting Accuplacer National Conference Accuplacer National Conference Commission on Accreditation of Allied Health Education Programs Accreditation Update Legislative Visit
Gray, Kent
Legislative Visit
Hoff, Joe & Stalter, Leslie and SPA 299 (Approx.
Spain Trip – May 2015
Cummings, Stephanie Ferreira, Nick
20 Students)
Jozaitis, Judy
Kramer, Ann and CEW 121 (Approx.
National Institute on the Assessment of Adult Learning Heart of the Artland: Wit and Whimsy in Wisconsin
Location Account Indianapolis, Administrative IN Indianapolis, Staff Development IN Pittsburgh, PA Staff Development
Amount $795 $795 $1,224
Washington, DC Washington, DC Spain: Barcelona, Costa del Sol, Granada, Madrid, Sevilla, Toledo Princeton, NJ
Trustee
$1,635
Trustee
$1,635
Madison, WI
Student Trip
$69,476*
Administrative
$2,575**
Community Education Class Trip
$11,210*
32 Students)
Patarozzi/Curry
31
AGENDA ITEM II.C.2
Lovekamp, Janice
Accreditation Review Council on Education in Surgical Technology and Surgical Assisting Site Visit
Mitkos, Mark
Blackboard World
Rosenthal, Wayne Shackelford, Dennis Szoke, Jan
Legislative Visit
Warren, Charlotte Whalen, Lynn
Legislative Visit Summer Forum-American Association for Respiratory Care Legislative Visit National Council for Marketing and Public Relations Summer Board Meeting
Eau Claire, WI Paid by Accreditation Review Council on Education in Surgical Technology and Surgical Assisting Site Visit Las Vegas, Staff Development NV Washington, Trustee DC Washington, Trustee DC Marco Island, Staff Development FL Washington, DC Portland, OR
Administrative Paid by National Council for Marketing and Public Relations
$0
$1,649 $1,674 $1,635 $1,642
$1,835 $0
*Student Fees **Paid by Grant fees
Patarozzi/Curry
32
AGENDA ITEM II.E.1
MEMORANDUM
TO:
Members, LLCC Board of Trustees
FROM:
Charlotte J. Warren President
SUBJECT:
Miscellaneous Office Supplies
DATE:
May 28, 2014
The College contracts annually for one office supply vendor for miscellaneous supply purchases. These supplies are ordered as the individual departments need arises. OfficeMax has shown an interest to renew our contract as per the terms and conditions stated in our Invitation to Bid 2011-3, offering the same total discount (55% on core products) off list price through the IPHEC – Illinois Public Higher Education Cooperative contract. Therefore, I recommend the renewal of our miscellaneous office supplies contract with OfficeMax.
Budget Impact: Total Funds Requested: Source of Funds: Projected Revenue: Projected Savings:
Institutional FY 2015 n/a n/a
Student Learning Impact: How will proposed agenda item impact student learning? n/a How will proposed agenda item be measured? Offices supplies ordered and received in a timely manner at discounted prices.
MOTION: Move to renew the contract for miscellaneous office supplies with OfficeMax in accordance with the terms, conditions, and specifications of Invitation to Bid #FY2011-3. Patarozzi/Curry
33
AGENDA ITEM II.F.1
MEMORANDUM
TO:
Members, LLCC Board of Trustees
FROM:
Charlotte J. Warren President
SUBJECT:
Monthly Training Contract/Clinical Agreement Status Report
DATE:
May 28, 2014
Attached is the current Training Contract/Clinical Agreement Status Report for LLCC. The Illinois Department of Transportation requested the Capital City Training Center partner with Novatech to provide seven Microsoft classes during the month of April. Approximately 70 employees were trained in Springfield. The Illinois Department of Transportation requested the Capital City Training Center partner with Novatech to provide seven Microsoft classes during the month of May. Approximately 70 employees will be trained in Springfield. The Capital City Training Center seeks approval for a one-year contract renewal with the Illinois Department of Central Management Services. The intergovernmental agreement renewal will allow all state agencies to utilize LLCC's Capital City Training Center as their training provider without having to utilize the RFP Process. Each individual training request will have a completed statement of work and cost breakdown. The Health Professions Department seeks approval to enter into a contract with Lewis Memorial Christian Village to provide clinical site experience for students enrolled in the college's Associate Degree Nursing program. Lewis Memorial Christian Village has clinical facilities suitable for the educational needs of the students. The Health Professions Department seeks approval to enter into a contract with Concordia Village to provide clinical site experience for students enrolled in the college's Associate Degree Nursing program. Concordia Village has clinical facilities suitable for the educational needs of the students.
Patarozzi
34
AGENDA ITEM II.F.1
MOTION: Move to approve the CMS Master Agreement Contract Renewal, move to approve the Clinical Site Agreement with Lewis Memorial Christian Village, and move to approve the Clinical Site Agreement with Concordia Village.
Patarozzi
35
36
Contract Title Brief Description Contracts as informational: items under the CMS Master Agreement April 2014 The Illinois Department of Transportation requested IDOT BOA the Capital City Training Center partner with Novatech to provide seven Microsoft classes during the month of April. Approximately 70 employees were trained in Springfield. May 2014 The Illinois Department of Transportation requested IDOT BOA the Capital City Training Center partner with Novatech to provide seven Microsoft classes during the month of May. Approximately 70 employees will be trained in Springfield. Contracts in Excess of $10,000 CMS Master The Capital City Training Center seeks approval for a Agreement one-year contract renewal with the Illinois Department Renewal of Central Management Services. The Contract intergovernmental agreement renewal will allow all state agencies to utilize LLCC's Capital City Training Center as their training provider without having to utilize the RFP Process. Each individual training request will have a completed statement of work and cost breakdown. TOTALS
LLCC Dept / Program Capital City Training Center
Capital City Training Center
Capital City Training Center
Contractor Illinois Department of Transportation
Illinois Department of Transportation
Illinois Department of Central Management Services
TRAINING CONTRACTS
$68,680
$50,000
$9,550
$9,130
Contract Total
FY2015
May 2014
April 2014
Term
37
Clinical Site Agreement with Concordia Village
Agreement Title Clinical Site Agreement with Lewis Memorial Christian Village
Description The Health Professions Department seeks approval to enter into a contract with Lewis Memorial Christian Village to provide clinical site experience for students enrolled in the college's Associate Degree Nursing program. Lewis Memorial Christian Village has clinical facilities suitable for the educational needs of the students. The Health Professions Department seeks approval to enter into a contract with Concordia Village to provide clinical site experience for students enrolled in the college's Associate Degree Nursing program. Concordia Village has clinical facilities suitable for the educational needs of the students. Concordia Village
Health Professions Department/Associate Degree Nursing Program
Contractor LLCC Dept / Program Lewis Health Professions Memorial Department/Associate Christian Degree Nursing Program Village
CLINICAL AGREEMENTS
Date of signing through indefinite
Term Date of signing through indefinite
AGENDA ITEM II.G
MEMORANDUM
TO:
Members, LLCC Board of Trustees
FROM:
Charlotte J. Warren President
SUBJECT:
Monthly Grant Status Report
DATE:
May 28, 2014
Attached is the current Grant Status Report for LLCC. It includes all grant requests submitted and accepted during the month of May. It also includes a brief description of the purpose for which the funding is, or has been, solicited. The Adult Education Division has applied for a Citrus Sale Funding Grant with the Rotary Club of Springfield South. If awarded, the funds for this grant will go to provide classroom materials for the pilot Evidence Based Reading program for the Fall 2014 Semester. The Workforce Development Division seeks ratification for their grant submission to the WALMART Foundation State Giving Program. This grant will enable the Truck Driver Training Program to build capacity for targeted populations through the purchase of a truck and trailer for weighted driving. It will also help ensure self-sustaining employment and increase awareness/visibility through marketing efforts that increase awareness of need and opportunities in the industry. The Adult Education and Literacy Program seeks ratification for the Illinois Community College Board (ICCB) Adult Education and Family Literacy Continuation Plan. This continuation plan will allow for instructional and support services for adults age 16 and older who lack sufficient mastery of basic educational skills, who do not have a secondary school diploma or a GED, who have not achieved an equivalent level of education to a secondary diploma, or who are unable to speak, read or write the English language.
MOTION: Move to ratify the grant submission to the WALMART Foundation State Giving Program in the amount of $140,000, and ratify the Grant Agreement with ICCB in the amount of $591,181.
Patarozzi
38
39
Brief Description
Grants Less than $10,000 Citrus Sale The Adult Education Division Funding Grant has applied for a Citrus Sale Funding Grant with the Rotary Club of Springfield South. If awarded, the funds for this grant will go to provide classroom materials for the pilot Evidence Based Reading program for the Fall 2014 Semester. Grants in excess of $10,000 Driving Forces The Workforce Development at Work Division seeks ratification for their grant submission to the WALMART Foundation State Giving Program. This grant will enable the Truck Driver Training Program to build capacity for targeted populations through the purchase of a truck and trailer for weighted driving. It will also help ensure self-sustaining employment and increase awareness/visibility through marketing efforts that increase awareness of need and opportunities in the industry.
Grant Title
WALMART Workforce Foundation Development State Giving Division Program
Rotary Club Adult of Springfield Education South
Grantor
LLCC Department / Program
GRANT SUMMARY May 2014
$140,000
$975
LLCC Total Monetary Request
$0
$0
LLCC Match
Yes
Yes
FY15
FY15
Submitted Term
40
Total Submitted
Adult Education & Literacy Grant
The Adult Education and Literacy ICCB Program seeks ratification for the ICCB Adult Education and Family Literacy Continuation Plan. This continuation plan will allow for instructional and support services for adults age 16 and older who lack sufficient mastery of basic educational skills, who do not have a secondary school diploma or a GED, who have not achieved an equivalent level of education to a secondary diploma, or who are unable to speak, read or write the English language.
Adult Education & Literacy Program
GRANT SUMMARY May 2014
$732,156
$591,181
$150,049
$150,049
Yes
FY15
AGENDA ITEM II.H.1
MEMORANDUM
TO:
Members, LLCC Board of Trustees
FROM:
Charlotte J. Warren President
SUBJECT:
Springfield Airport Authority Lease
DATE:
May 28, 2014
LLCC has lease of Hangar 4 at the Springfield Airport since 1999. The original lease term was for ten years and was automatically extended for an additional five year period per the terms of the original lease. The Springfield Airport Authority has proposed the following terms for renewal: • • • • • • • • •
Lease of Hangar 4, Shop Area between Hangars 4 & 5, Parking Lot and Ground Rental Lease of 21,295 square feet of space at $3.89 per sq. ft. per year Ground Rent of 11,900 square feet at .258 per sq. ft. per year Parking Lot Ground Rent of 22,900 square feet at .258 per sq. ft. per year Total obligation of $7,651.33 per month Five year lease term with the option for two five year renewals Annual adjustment in accordance with changes in the urban CPI, subject to a floor of 2.5% and a maximum of 4.0% 180 day Termination Clause due to financial exigencies Utilities provided by LLCC
The lease has been reviewed by legal counsel. The terms of the lease are similar to the previous lease with language clarified in a manner favorable to the college.
MOTION: Move to approve the lease between Lincoln Land Community College and Springfield Airport Authority as presented.
Warren
41
LEASE AGREEMENT BETWEEN SPRINGFIELD AIRPORT AUTHORITY AND LINCOLN LAND COMMUNITY COLLEGE TABLE OF CONTENTS FOR: HANGAR 4, OFFICE AND SHOP AREA BETWEEN HANGARS 4 & 5, PARKING LOT AND ADDITIONAL GROUND RENTAL THIS AGREEMENT OF LEASE CONSISTS IN ITS ENTIRETY OF THE NUMBERED SECTIONS SHOWN IN THIS TABLE OF CONTENTS. THOSE NUMBERED SECTIONS BETWEEN 1 AND 249 NOT INCLUDED IN THIS LEASE ARE RESERVED FOR FUTURE USE. PREMISES, TERMS, RENTS, UTILITIES #1 - #49 1.
IDENTIFICATION OF SECTIONS INCLUDED IN LEASE
5.
PREMISES – USE, DESCRIPTION AND ADDRESS
7.
NON-EXCLUSIVE RIGHT TO OPERATE
8.
TERM AND RENEWAL OPTIONS
10.
HOLDING OVER
12.
RENTALS
15.
CPI-U RENTAL ADJUSTMENTS
18.
PRORATION OF RENTAL PAYMENTS
24.
DELINQUENT PAYMENTS
28.
UTILITIES
OPERATIONAL #50 - #79 58.
PARKING
RIGHTS OF LESSEE #80 - #119 80.
LESSEE’S RIGHT TO USE OF RAMP SPACE
82.
LESSEE MAY ERECT SIGNS ON ADVANCE APPROVAL
86.
LESSEE PERMITTED TO INSTALL NECESSARY EQUIPMENT
92.
LESSEE’S RIGHT TO MAKE ALTERATIONS
96.
LESSEE TO HAVE INGRESS AND EGRESS
42
99.
LESSEE TO HAVE PEACEFUL ENJOYMENT
104.
LESSEE’S RIGHT OF CANCELLATION NOT WAIVED
107.
LESSEE HAS RIGHT OF CANCELLATION ON INJUNCTION AGAINST AIRPORT USE
110.
LESSEE HAS RIGHT OF CANCELLATION IN EVENT OF CATASTROPHE
116.
LESSEE HAS RIGHT OF CANCELLATION IN EVENT OF AUTHORITY’S DEFAULT
RIGHTS OF AUTHORITY #120 - #159 122.
RENEGOTIATIONS DUE TO MAJOR EXPENDITURES
124.
AUTHORITY RESERVES THE RIGHT TO PROTECT AERONAUTICAL APPROACHES
126.
AUTHORITY RESERVES AVIGATION EASEMENT
128.
AUTHORITY RESERVES RIGHT OF FURTHER DEVELOPMENT
130.
AUTHORITY RETAINS CONTROL OVER USE OF RAMP
132.
AUTHORITY RESERVES RIGHT OF ENTRY
134.
AUTHORITY RESERVES RIGHT TO CONSTRUCT UTILITIES ON LEASED PREMISES
136.
AUTHORITY RESERVES RIGHT TO REMOVE AUTHORITY’S IMPROVEMENTS
137.
IMPROVEMENTS BECOME PROPERTY OF AUTHORITY OR ARE REMOVED
138.
AUTHORITY RESERVES RIGHT TO REMOVE LESSEE’S EFFECTS ON CANCELLATION
140.
AUTHORITY MAY TAKE TITLE TO PROPERTY NOT REMOVED AT END OF LEASE
142.
AUTHORITY RESERVES THE RIGHT TO SUSPEND OR CANCEL LEASE AT CERTAIN TIMES
144.
AUTHORITY RESERVES RIGHT OF CANCELLATION IN EVENT OF TAKEOVER BY FEDERAL GOVERNMENT
148.
COMMITMENTS TO FEDERAL OR STATE AGENCIES
150.
AUTHORITY’S LIEN AND SECURITY INTEREST
154.
AUTHORITY’S RIGHT OF CANCELLATION NOT WAIVED
155.
AUTHORITY HAS RIGHT OF CANCELLATION IN EVENT OF LESSEE’S DEFAULT
156.
AUTHORITY HAS RIGHT OF CANCELLATION IN EVENT OF ABANDONMENT
157.
AUTHORITY HAS RIGHT OF CANCELLATION IN EVENT OF BUSINESS REORGANIZATION PROCEEDINGS
158.
AUTHORITY HAS RIGHT OF CANCELLATION IN EVENT OF LESSEE’S BANKRUPTCY
43
OBLIGATIONS OF LESSEE #160 - #199 161.
MINIMUM STANDARDS
162.
QUALITY OF PRODUCTS AND SERVICES
164.
LESSEE MAINTENANCE OBLIGATIONS
166.
LESSEE OBLIGATED TO REMOVE DEBRIS
168.
LESSEE TO RESTORE PREMISES TO ORIGINAL CONDITION ON TERMINATION OR CANCELLATION
173.
LESSEE TO MAINTAIN FIRE & EXTENDED COVERAGE INSURANCE
174.
LESSEE TO MAINTAIN PUBLIC LIABILITY INSURANCE
177.
APPLICATION OF INSURANCE PROCEEDS
178.
CERTIFICATE OF INSURANCE REQUIRED OF LESSEE
179.
MINIMUM OPERATING STANDARDS
181.
PROHIBITED ACTS
184.
LESSEE TO COMPLY WITH POLICIES & REGULATIONS
192.
LESSEE TO OBTAIN AUTHORITY’S APPROVAL OF ASSIGNMENT OR SUBLET
194.
LOCAL PROPERTY TAXES
195.
SURRENDER UPON TERMINATION
198.
LIENS
OBLIGATIONS OF AUTHORITY #200 - #209 201.
AUTHORITY MAINTENANCE OBLIGATIONS
203.
AUTHORITY JANITORIAL OBLIGATIONS
204.
AUTHORITY TO MAINTAIN AIRPORT
GENERAL ADMINISTRATIVE #210 - #249 209.
INDEMNIFICATION OF THE PARTIES
212.
ILLINOIS CONCEALED CARRY ACT
211.
SUCCESSORS AND ASSIGNS
213.
SUBORDINATION AGREEMENT
216.
MISREPRESENTATION AND INVALID PROVISIONS
218.
SEVERABILITY OF PROVISIONS
220.
BINDING ON SUCCESSORS
222.
RELATIONSHIP OF AUTHORITY AND LESSEE
225.
RENTALS AND NOTICES
228.
AUTHORITY OF AIRPORT EXECUTIVE DIRECTOR
230.
NO WAIVER OF DEFAULT
44
232.
CHANGES IN LEASE
238.
LANGUAGE CONSTRUCTION
240.
REMEDIES ARE CUMULATIVE
243.
GOVERNING LAW AND VENUE
246.
ENTIRE AGREEMENT
45
LEASE AGREEMENT BETWEEN SPRINGFIELD AIRPORT AUTHORITY AND LINCOLN LAND COMMUNITY COLLEGE THIS LEASE AGREEMENT (hereinafter “Lease”), effective this ______ day of ______________, 2014, by and between the Springfield Airport Authority, a municipal corporation existing under the laws of the State of Illinois, situated in Sangamon County Illinois (hereinafter referred to as “Authority”), and Lincoln Land Community College District No. 526, a body corporate and politic of the State of Illinois (hereinafter referred to as “Lessee”). WHEREAS Authority is the owner of Abraham Lincoln Capital Airport, Springfield, Illinois (hereinafter “the Airport”), and possesses the powers of an Airport Authority under an act entitled “An Act in Relation to Airport Authorities” approved April 4, 1945, as amended; and WHEREAS Authority owns property on its Airport, which is available for lease to businesses which are compatible with Authority’s operation and/or needs; and WHEREAS Lessee wishes to continue to provide its above-referenced services from a location at Abraham Lincoln Capital Airport; and WHEREAS Authority is willing to continue to accept Lessee as a tenant at the Airport; NOW, THEREFORE, in consideration of the mutual promises and considerations herein set forth, the Lessee and Authority agree as follows: 1.
IDENTIFICATION OF SECTIONS INCLUDED IN LEASE
This Agreement of Lease consists in its entirety of the numbered Sections shown in the preceding Table of Contents and as set forth therein: Those numbered Sections between 1 and 249 not included in this Lease are not applicable to this Lease. 5.
PREMISES – USE, DESCRIPTION AND ADDRESS
The Authority leases to Lessee the leased premises as defined below. Lessee accepts the leased premises in their present condition and agrees that said leased premises are to be used for the sole purpose of providing classroom and training facilities in support of Lessee’s Airframe and Powerplant (A&P) Program. The leased premises are not to be used for any other purpose without the written consent of Authority. All services and products shall be in good taste and presented in such a manner as to be well received by the general public.
No materials, items or services considered offensive by the
46
Authority may be offered for sale. Lessee understands that Authority has the right to lease Hangar 5 to another tenant with no abatement of Lessee’s lease payments as described in Section 12. Lessee agrees to secure the door between Hangars 4 & 5 so there is no access from Hangar 4 to Hangar 5. (Likewise, any current and future tenant of Hangar 5 will be required to secure the door on the Hangar 5 side so as to prevent passage to Hangar 4). Lessee agrees that any current and future tenant of Hangar 5 will have an easement for access so as to enable said tenant to be able to cross over the eastern most portion of the Lessee’s leased premises (non-building area) in order to access Hangar 5 from the northeast. The leased premises have as their address 825 S. Airport Drive, Springfield, Illinois 62707 and are as shown on the attached Exhibit A and commonly referred to as Hangar 4 and the office and shop area between Hangars 4 & 5, as well as the parking area northeast of Hangar 4 and additional non-building space northeast and northwest of Hangar 4, all as enclosed within the heavy dark lines on Exhibit A. 7.
NON-EXCLUSIVE RIGHT TO OPERATE
It is understood and agreed that nothing contained herein shall be construed to grant or authorize the granting of an exclusive right within the meaning of Section 308 (a) of the Federal Aviation Act of 1958. 8.
TERM AND RENEWAL OPTIONS
The term of this Lease shall be for a period of 5 years commencing on July 1, 2014, and ending on the 30th day of June, 2019, which term may be extended at Lessee’s option for up to three 5-year renewal terms.
Lessee may exercise such option by giving
Authority written notice thereof at least 90 days prior to the end of the then current term. 10.
HOLDING OVER
In the event Lessee shall hold over and remain in possession of the leased premises after the expiration of this Lease, or any extensions as provided for in Section 8, without any written renewal, such holding over shall not be deemed to operate as a renewal or extension of this Lease but shall only create a tenancy from month to month which may be terminated at any time by either party. Any rents and all other amounts, including effects of the CPI, due by Lessee to the Authority under this Lease shall, during the time of any such holding over, be 125% of the amount due the Authority had the Lease not expired.
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12.
RENTALS
For the leased premises as described in Section 5, Lessee shall pay the following amounts per calendar month, payable in advance on the first day of each calendar month (for said month) during this Lease subject to the CPI adjustment provisions of Section 15: Building:
21,295 square feet x $3.89 per square foot per year (includes ground rent of $.258 per square foot) divided by 12 months =
$6,903.13 per month
Ground Rent: Leasehold property (separate of building) 11,900 square feet x $.258 per square foot per year divided by 12 months =
$258.85 per month
Parking Lot Ground Rent: Parking area northeast of Hangar 4 – 22,900 square feet x $.258 per square foot per year divided by 12 months =
$492.35 per month Monthly Total
Ramp:
________ $7,651.33 per month
Southwest of leased premises – ground rent is waived as the area is to be used for ingress and egress only. (See Section 80.)
15.
CPI-U RENTAL ADJUSTMENTS
Beginning July 1, 2015, and each year thereafter during the term of the Lease, the rents and other payments provided for in Section 12 hereof shall be adjusted in accordance with changes in the Consumer Price Index – National Series – All items for All Urban Consumers – U.S. City Average (hereinafter “CPI-U Index”) or future applicable cost of living index as adopted by the U.S. Government. Rental payments shall be calculated as follows: The monthly rent for each of the succeeding twelve months equals the old lease payment times the (CPI-U Index for the end of the most recent calendar year available, divided by CPI-U Index for the end of the next most recent calendar year available). Said adjustment in monthly rent will be the greater of an increase of 2.5% or the actual increase as calculated in this section, provided that in no event shall the increase exceed 4.0%.
Upon Lessee’s determination that fiscal exigencies require
elimination of the Airframe and Powerplant Program, Lessee may elect to terminate this
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Lease by giving the Authority at least 180 days’ advance notice of the effective date of termination. Example: Monthly rents Effective July 1, 2015 18.
= CPI-U Index 12/14
CPI-U Index 12/13
xxJune June30, 30,2015 2015rents rents
PRORATION OF RENTAL PAYMENTS
In the event that the commencement or termination of the term, with respect to any of the particular premises, facilities, rights, licenses, services and privileges herein provided, fall on any other date than the first or last day of a calendar month, the applicable rentals, fees and charges for that month shall be paid pro rata according to the number of days in the calendar month during which said privileges were enjoyed. 24.
DELINQUENT PAYMENTS
Monthly rentals and all other amounts due are payable as provided for in Section 12. Payment(s) shall be deemed delinquent if not paid by Lessee on or before the date specified in Section 12. Each monthly amount owed which is received by the Authority more than five days following the due date may be assessed a $25 administrative fee for each month said amount is late, plus a late fee of 18% of the monthly amount per annum based on the number of days from the due date until payment is received. In the event the Authority is required to initiate any collection activities to collect any amounts due to the Authority, whether rent or otherwise, then the Lessee shall pay all of the Authority’s expenses in connection therewith, including the Authority’s reasonable attorney fees. Such amounts due the Authority are to include all amounts due through the termination date of the current term and any other amounts necessary to compensate the Authority for the detriment proximately caused by Lessee’s failure to perform its obligations under this Lease. 28.
UTILITIES
Lessee agrees to provide for its own connections with utilities and to make separate arrangements with the agencies responsible for these utilities within two business days of signing this Lease. Lessee shall pay for all utility service supplied to the leased premises, and if required by the utility agencies as a condition of continuing said services, Lessee will install and pay for standard metering devices for the measurement of such services. In the event it shall become necessary to make changes upon the leased premises, or within the structures covered by this Lease, such as any wiring,
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plumbing or similar installations, as a condition of the continuance of utility services, and Lessee desires to continue such services, Lessee will promptly make such changes and installations, at its expense, as directed and required by the utility organizations. Lessee shall pay for all utility charges, including natural gas, electricity, sewer, and water used on the leased premises during the term of this Lease. See also Section 134. 58.
PARKING
Vehicle parking shall be in designated areas only. Lessee’s permitted use of the parking area(s) shall be at the direction of Authority and subject to change to facilitate the general development or operation, or both, of the Airport. Lessee will assist Authority to the fullest extent necessary to limit vehicle parking in the designated area(s) to authorized users only. 80.
LESSEE’S RIGHT TO USE OF RAMP SPACE
Lessee has the right to use the general aviation ramp and access road in common with other tenants and airport users, which the Authority reserves the right to allocate from time to time. Such ramp usage by Lessee’s employees, patrons, invitees, and agents is restricted to said general aviation ramp. No unattended vehicles, except aircraft and related business vehicles, such as fuel trucks and tugs, are allowed on the general aviation ramp.
Vehicles and ground support equipment may only be parked in
designated parking areas. All such unattended vehicles must comply with appropriate FAA and airport rules and regulations. (See also Section 130.) 82.
LESSEE MAY ERECT SIGNS ON ADVANCE APPROVAL
Lessee agrees not to erect, or allow to be erected, any sign or similar device advertising any entity other than the Lessee. Signage promoting Lessee’s on-airport operation is only allowed upon prior written consent of the Authority and must be in compliance with any applicable zoning laws. Signs with flashing lights are not permitted. Lessee, its agents or employees, shall not solicit by way of hand-held signs, direction arrows, or vehicle signs, for the purpose of soliciting the purchase of any aviation service or other related activity.
Any sign or advertising approved by the Authority shall remain the
property of the Lessee and upon termination of the Lease or any extension thereof must be removed by Lessee at no cost to the Authority. Authority agrees to cooperate with Lessee to install or affix at Lessee’s expense, signage denoting its business and location.
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86.
LESSEE PERMITTED TO INSTALL NECESSARY EQUIPMENT
Lessee has the right to install, operate, maintain, repair, and store, subject to approval of Authority in the interest of safety, convenience and appearance for all concerned, all equipment necessary for the conduct of Lessee’s business in the leased premises. 92.
LESSEE’S RIGHT TO MAKE ALTERATIONS
Lessee shall have the right to make additions, improvements, modifications, or other alterations to the leased premises, subject to the prior written approval by Authority of plans, specifications, location, type and construction and must be done in compliance with any and all applicable zoning and building codes. Lessee is solely responsible for compliance with all rules, codes, regulations and laws. All costs of any such addition, improvement, modification, or other alteration shall be borne by Lessee. Within thirty days following completion of the addition, improvement, modification, or other alteration Lessee shall present to Authority a complete set of reproducible (Mylar) “record” drawings (regardless of amount of modification) including all amendments and changes issued during construction and including, but not limited to, specifications and shop drawings. In the event any addition, improvement, modification, or other alteration is made without such approval, the Lease will be subject to, at the sole discretion of the Authority:
1) termination of the Lease and forfeiture of any deposit/performance
bond/letter of credit, or 2) non-maintenance by the Authority of the leased premises until such time as the leased premises is returned to its condition prior to said addition, improvement, modification or alteration having been made, or 3) removal of same by Lessee, or 4) changed to the satisfaction of the Authority. Lessee’s use of outside contractors or its employees for such work will be immediately discontinued if such work results in work stoppage, picketing or other disruption of passenger, airport, or tenant business. 96.
LESSEE TO HAVE INGRESS AND EGRESS
Lessee shall have the right to ingress to and egress from the leased premises in accordance with Airport regulations and security provisions, which right shall extend to Lessee’s employees, patrons, invitees, and agents, all of which is subject to the conditions specified in Section 132. 99.
LESSEE TO HAVE PEACEFUL ENJOYMENT
The Authority covenants and agrees with Lessee that as long as Lessee pays the rents reserved in this Lease and otherwise complies with the obligations imposed upon
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Lessee by this Lease, Lessee shall at all times during the term of the Lease peacefully have, hold and enjoy the leased premises.
Whenever the consent or approval of
Authority (or anyone acting by, through or under the Authority) is required in the Lease, Authority agrees not to unreasonably withhold or delay its consent or approval. The Authority further covenants and warrants that it is the owner in fee simple of the leased premises, that the leased premises are free and clear of all liens and encumbrances, and that it has good right to lease the leased premises to Lessee. 104.
LESSEE’S RIGHT OF CANCELLATION NOT WAIVED
The failure of Lessee to declare this Lease terminated upon the default of Authority, or for any other reason set forth herein, shall not operate to bar or destroy the right of Lessee to cancel this Lease by reason of any subsequent violation of the terms of this Lease. 107.
LESSEE HAS RIGHT OF CANCELLATION ON INJUNCTION AGAINST AIRPORT USE
Lessee may cancel this Lease upon the issuance by any court of competent jurisdiction of an injunction in any way preventing or restraining the use of the Airport, for airport purposes, provided such injunction remains in force for a period of at least sixty days. 110.
LESSEE HAS RIGHT OF CANCELLATION IN EVENT OF CATASTROPHE
Lessee shall have the right to cancel this Lease upon the inability of Lessee to use, for a period in excess of sixty days, the Airport, or any of the premises, facilities, rights, licenses, services, or privileges leased to Lessee hereunder, because of fire, explosion, earthquake, other casualty, Acts of God, or the public enemy, provided that same is not caused by negligence or willful acts, or failure to act, on the part of the Lessee. 116.
LESSEE HAS RIGHT OF CANCELLATION IN EVENT OF AUTHORITY’S DEFAULT
Lessee shall have the right to terminate this Lease in the event of default by Authority in the performance of any obligation of Authority under any provision of this Lease, which default shall remain uncorrected for more than 30 calendar days after receipt of written notice from Lessee to remedy the same provided, however, that no notice of cancellation shall be of any force or effect if Authority shall have remedied the default prior to receipt of Lessee’s notice of cancellation. Said 30 calendar day period will be modified only if an alternate period of time is expressly provided for elsewhere in this Lease. Authority
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shall have no right of correction with respect to any violation of any applicable criminal law. 122.
RENEGOTIATIONS DUE TO MAJOR EXPENDITURES
This Lease may, at any time, be opened for renegotiations of terms, conditions, and an increase in rent should Federal, State or local regulations result in major expenditures by Authority due to Lessee’s tenancy on the Airport. If said renegotiations are desired, written notice must be given to Lessee thirty days prior to such renegotiations. 124.
AUTHORITY RESERVES THE RIGHT TO PROTECT AERONAUTICAL APPROACHES
Authority reserves the right to take any action it considers necessary to protect the aerial approaches of the Airport against obstruction, together with the right to prevent Lessee from erecting, or permitting to be erected, any building or other structure on the Airport, which, in the opinion of the Authority, would limit the usefulness of the Airport, or constitute a hazard to aircraft. 126.
AUTHORITY RESERVES AVIGATION EASEMENT
Authority hereby reserves for the use and benefit of the public, the right of aircraft to fly in the airspace lying over the land herein leased, together with the right of said aircraft to cause such noise as may be inherent in the operation of aircraft landing at, taking off from, or operating on or in the vicinity of the Airport, and the right to pursue all operations of the Airport. 128.
AUTHORITY RESERVES RIGHT OF FURTHER DEVELOPMENT
Authority reserves the right to further develop or improve the landing and public areas, including ramp space, of the Airport as it sees fit, regardless of the desires or views of Lessee, and without interference or hindrance by Lessee. 130.
AUTHORITY RETAINS CONTROL OVER USE OF RAMP
Lessee’s permitted use of the ramp area shall be at the direction of Authority and subject to change to facilitate the general development or operations, or both, of the Airport and to comply with FAA and other regulatory agency directives.
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132.
AUTHORITY RESERVES RIGHT OF ENTRY
Authority reserves the right, without notice, to enter upon the leased premises for the purpose of showing the leased premises to a prospective tenant and in order to make any inspection it may deem expedient to the proper enforcement of the terms of this Lease including, but not limited to, complying with the provisions of Section 201, maintenance obligations and in the event of an emergency. 134.
AUTHORITY RESERVES THE RIGHT TO CONSTRUCT UTILITIES ON LEASED PREMISES
It is further agreed that Authority shall have the right, without cost to Lessee, to install and maintain in, on or across the leased premises, sewer, water, gas, electric and telephone lines, electric substations, street widening or other installations necessary to the operation of the Airport, or to service other tenants of Authority. It is provided, however, that Authority shall carry out such work and locate any above-ground structures in a manner so as not to unreasonably interfere with Lessee’s use of the leased premises. 136.
AUTHORITY RESERVES RIGHT TO REMOVE AUTHORITY’S IMPROVEMENTS
Authority reserves the right to remove Authority-owned improvements from the leased premises if required for the orderly development of the Airport or in order to comply with FAA directives. Such removal will be at no cost to Lessee; and rent, if any, for any such removed improvements shall cease at the time of removal from Lessee’s use. 137.
IMPROVEMENTS BECOME PROPERTY OF AUTHORITY OR ARE REMOVED
All additions, improvements, modifications or other alterations to the leased premises are subject to the prior written approval of the Authority as specified in Section 92. All additions, improvements, and alterations to the leased premises become the property of the Authority (subject only to the right of Lessee to their use during the term of this Lease) or, at the Authority’s sole discretion, will be removed upon termination of this Lease at Lessee’s expense and the leased premises returned to tenantable condition, ordinary wear and tear excepted.
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138.
AUTHORITY RESERVES RIGHT TO REMOVE LESSEE’S EFFECTS ON CANCELLATION
Whenever a right-of-cancellation is provided to Authority herein, Authority may take immediate possession of the leased premises and remove Lessee’s effects, using such force as Authority deems necessary, without being deemed guilty of trespass or other violation of Lessee’s rights under law. Upon such entry this Lease shall terminate. 140.
AUTHORITY MAY TAKE TITLE TO PROPERTY NOT REMOVED AT END OF LEASE
Any and all property of the Lessee, its guests, business invitees, employees, agents, contractors, assigns, subtenants or other person claiming under Lessee, shall become the sole property of the Authority if not removed at expiration of this Lease or within fourteen calendar days of written notice/termination, as applicable, and title thereto shall vest in Authority at Authority’s option. Nothing herein contained shall be construed to deprive Authority of the right to require Lessee to remove, at Lessee’s sole expense, all or any part of any such property left behind and Authority expressly reserves each right. 142.
AUTHORITY RESERVES RIGHT TO SUSPEND OR CANCEL LEASE AT CERTAIN TIMES
During time of war, national emergency, civil unrest, acts of foreign enemies or in order for the Authority to comply with federal, state or local regulations as may change from time to time, the Authority shall have the right to suspend or cancel any portion of this Lease if deemed necessary in order to assist the Authority in complying with the directives of the federal, state and local governments. 144.
AUTHORITY RESERVES RIGHT OF CANCELLATION IN EVENT OF TAKEOVER BY FEDERAL GOVERNMENT
Authority shall have the right to terminate this Lease in the event the United States Government or any agency thereof shall lawfully assume control or use of the Airport and facilities, or any substantial part or parts thereof, in such a manner as to substantially restrict Lessee’s on-premises operations for a period of at least sixty consecutive days. 148.
COMMITMENTS TO FEDERAL OR STATE AGENCIES
Nothing herein shall be construed to prevent the Authority from making such commitments as it desires to the Federal Government or to the State of Illinois in order
55
to qualify for the expenditure of Federal or State funds on Abraham Lincoln Capital Airport. 150.
AUTHORITY’S LIEN AND SECURITY INTEREST
Said Authority shall have, in addition to the lien given by law, a security interest as provided by the Uniform Commercial Code of Illinois, upon all personal property and all substitutions therefore, kept and used on said premises by Lessee.
Authority may
proceed at law or in equity with any remedy provided by law or by this Lease for the recovery of rent, or for termination of the Lease because of Lessee’s default in its performance. Lessee will execute any financing statements as may be required for filing under the Uniform Commercial Code. 154. AUTHORITY’S RIGHT OF CANCELLATION NOT WAIVED The failure of Authority to declare this Lease terminated upon the default of Lessee, or for any other reason set forth herein, shall not operate to bar or destroy the right of Authority to cancel this Lease by reason of any subsequent violation of the terms of this Lease. Further, the acceptance of any rental, in whole or in part, by Authority for or during any period of default or other violation of the terms, covenants and conditions of this Lease, or any period thereafter, by Lessee shall not be deemed a waiver of any right on the part of Authority to cancel this Lease. 155.
AUTHORITY HAS RIGHT OF CANCELLATION IN EVENT OF LESSEE’S DEFAULT
1)
On Lessee’s failure to pay the rent as required or to comply with any of the terms herein, the Authority shall provide Lessee notice and ten calendar days opportunity to cure such defect before declaring the Lease in default and terminating said Lease.
Failure by Authority to enforce one or more of the remedies herein
provided for upon the event of default shall not be deemed or construed to constitute a waiver of such default or of any other violation or breach of any of the terms, provisions and covenants herein contained.
Authority shall have all
remedies available at law if the Lessee defaults on this Lease.
In the event
Authority shall bring any action or proceeding for an alleged breach of any provision of this Lease to recover rents, or to enforce, protect or establish any right or remedy of the Lease, Authority shall be entitled to recover as a part of such action or proceeding, reasonable attorneys’ fees and court costs.
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2)
At any time after default by Lessee and termination of the Lease, Authority, at its option, may accelerate the rent owed during the entire Lease term. Upon such acceleration by Authority, all amounts then owed during the entire Lease term shall be immediately due and payable, which amounts shall include: (1) the amount of the unpaid rent or otherwise, owed by Lessee under the Lease as of the date of termination; (2) the present value (determined by applying the interest rate – defined as the prime interest rate as listed in The Wall Street Journal) of the amount of the unpaid base rent that would have been owed by Lessee under the Lease after the date of termination; and (3) all reasonable costs directly or indirectly incurred by Authority relating to Lessee’s default and Authority’s repossession and reletting of the Leased Premises, including, without limitation, brokerage commissions, reasonable attorneys fees and costs, collection costs, and alteration, repair and remodeling costs and expenses to prepare the Leased Premises for reletting (but excluding any lease inducement or Lessee allowance amounts), including interest on the aforementioned items at the rate indicated in (2) above. Authority shall have a duty to mitigate its damages and its damage recovery shall be reduced accordingly for actual mitigation (such as receipt of rent from reletting) or Authority's failure to mitigate its damages.
156.
AUTHORITY HAS RIGHT OF CANCELLATION IN EVENT OF ABANDONMENT
Authority shall have the right to terminate this Lease in the event Lessee shall abandon the leased premises or cease the conduct of any facet of its business required to be conducted under this Lease. 157.
AUTHORITY HAS RIGHT OF CANCELLATION IN EVENT OF BUSINESS REORGANIZATION PROCEEDINGS
Authority shall have the right to terminate this Lease in the event of any legal proceeding in the nature of a business reorganization under Federal law, any appointment of a receiver, the making of any general assignment for the benefit of Lessee’s creditors or any other divestiture of Lessee’s estate by operation of law.
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158.
AUTHORITY HAS RIGHT OF CANCELLATION IN EVENT OF LESSEE’S BANKRUPTCY
Authority shall have the right to terminate this Lease in the event Lessee shall file a voluntary petition in bankruptcy or have an involuntary petition in bankruptcy filed against Lessee.
In this event the Lease will not be assumable by a receiver or trustee in
bankruptcy and such trustee or receiver shall have no interest in this Lease. 161.
MINIMUM STANDARDS
Lessee and/or its employees may not provide a safe haven for vendors providing aeronautical and/or commercial services at the Airport as defined by the Authority’s minimum standards and the Federal Aviation Administration without said vendor fully meeting the Authority’s minimum standards, as such may change from time to time. 164.
LESSEE MAINTENANCE OBLIGATIONS
Lessee shall be responsible for all janitorial services and other maintenance and repair to be performed on the leased premises not specifically covered by the Authority in Sections 201 and 203 of this Lease. Lessee agrees to perform all maintenance on any improvements made by the Lessee to the leased premises. Lessee shall, at its own expense at all times keep in a clean and orderly condition and neat in appearance, the leased premises and all Lessee’s fixtures, equipment, and personal property which are located in any parts of the Airport which are open to or visible by the general public. Should Lessee fail to keep in good order and repair, as is reasonably required in order to preserve and protect the general appearance and value of the leased premises, and if such maintenance and repair is not undertaken by Lessee within ten days after receipt of written notice, Authority shall have the right to enter the leased premises and perform the necessary maintenance, the cost of which shall be borne by Lessee. 166.
LESSEE OBLIGATED TO REMOVE DEBRIS
Lessee agrees that there will be no outside storage of equipment, materials or supplies unless specifically authorized elsewhere in this Lease; that all trash, garbage, and the like, will be removed at Lessee’s expense; that same will not be deposited on any part of the Airport, except temporarily in conjunction with collection or removal. Lessee agrees to promptly discard acceptable refuse at the centralized collection point as provided for and designated by the Authority.
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168.
LESSEE TO RESTORE PREMISES TO ORIGINAL CONDITION ON TERMINATION OR CANCELLATION
1)
Upon termination of this Lease, Lessee’s rights herein shall cease, and Lessee shall immediately surrender the same.
Lessee shall thereupon restore the
leased premises to the condition that existed at the initiation of the Lease, ordinary wear and tear, loss by fire or other casualty (except as caused by the negligence of Lessee) and condemnation excepted. This Section applies to all aspects of the leased premises except for permanent additions or leasehold improvements, as covered by Section 137. 2)
Lessee agrees that, as of the effective date of this Lease, those items described on Exhibit B are the property of the Authority and are necessary to the operation of the space being leased under this Lease. Lessee further concurs that as of the effective date of this Lease, the leased premises are in clean condition and also that there is no debris, refuse, rubbish or similar items in or on the leased premises.
The Authority is not aware of any hazardous conditions at the
inception of this Lease. It is Lessee’s responsibility to inform the Authority of any hazardous conditions Lessee becomes aware of during this Lease. In the event the hazardous condition is caused by Lessee’s negligence, it will be Lessee’s responsibility to remedy the hazardous condition. Upon termination of the Lease, any such items specified in this subsection 2) other than those items listed on Exhibit B, will be removed from the leased premises by Lessee prior to the Lease termination date, however, the Authority will be the sole determiner as to whether any or all items left by Lessee are necessary to the operation of the leased premises (in which case the items will be left by Lessee) or not necessary to the operation of the leased premises (in which case the items will be removed by Lessee). 173.
LESSEE TO MAINTAIN FIRE AND EXTENDED COVERAGE INSURANCE
Lessee shall, at its expense, procure and keep in force at all times during the term of this Lease and any renewals, insurance on any permanent additions or leasehold improvements made by Lessee to the leased premises. This insurance shall be against loss and damage by fire, aircraft and extended coverage perils with a company suitable to Authority. Such policy shall be in the amount of not less than ninety percent of the replacement cost of the improvements, with satisfactory evidence of such coverage furnished to Authority. Lessee is not required to maintain insurance on its personal
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property, however, the Authority is in no way to be held responsible in the event of such loss. 174.
LESSEE TO MAINTAIN PUBLIC LIABILITY INSURANCE
Lessee agrees to maintain public liability insurance on the leased premises during the term of this Lease, covering Lessee and naming the Authority as an additional named insured, with terms and insurer satisfactory to the Authority, with coverage limits of at least $3,000,000. 177.
APPLICATION OF INSURANCE PROCEEDS
If the permanent additions or leasehold improvements placed upon the leased premises by Lessee shall be totally destroyed or extensively damaged and Lessee shall elect not to restore the same to their previous condition, the proceeds of insurance payable by reason of such loss shall be apportioned between Authority and Lessee, with Authority receiving the same proportion of such proceeds as the then expired portion of the Lease term bears to the full Lease term, including any fixed renewal term, and Lessee receiving the balance.
The Lease shall then be cancelled.
If the damage results from an
insurable cause and the Lessee shall elect to restore the same with reasonable promptness, it shall be entitled to receive and apply the entire proceeds of any insurance covering such loss to said restoration, with which event this Lease shall continue in full force and effect. 178.
CERTIFICATE OF INSURANCE REQUIRED OF LESSEE
Lessee will, prior to the inception of this Lease,
furnish to the Authority a proper
certificate certifying that the insurance specified in Sections 173 and 174 is in force. Lessee agrees to furnish additional certification of changes in such insurance, and will provide that no cancellation of insurance required by Sections 173 and 174 shall be effective until after not less than fifteen days’ written notice of such cancellation has been given to the Authority. In the event the Authority indicates a concern to Lessee regarding the status of Lessee’s insurance, Lessee has four calendar days (not including Saturdays, Sundays and holidays) following receipt of notice from the Authority indicating said concern, to provide evidence to the Authority that Lessee is in compliance with Sections 173 and 174 of the Lease. In the event such evidence is not forthcoming in a form satisfactory to the Authority, the Lease will be terminated immediately upon receipt of notification from the Authority, notwithstanding any language to the contrary in this Lease.
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179.
MINIMUM OPERATING STANDARDS
Lessee agrees that it shall conduct its business and provide all related services in accordance with Authority’s Minimum Operating Standards for the services offered. The Minimum Operating Standards set forth may be amended or supplemented in the future. In any event, the Minimum Operating Standards shall at no time be construed to be less than the applicable FAA regulations now or then in effect. 181.
PROHIBITED ACTS
a) Lessee shall not overload any floor or paved area in the leased premises and shall repair any floor, including supporting members, and any paved area damaged by overloading. b) Lessee shall not do, or permit to be done, anything which may interfere with the effectiveness or accessibility of the utility, mechanical, electrical, drainage and sewer systems, fire-protection system and other systems installed or located on, in or near the leased premises. c) Lessee shall not commit any nuisance or permit its employees or others on the leased premises with its consent to commit or create or continue to tend to create any nuisance on the leased premises in or near the Airport. d) Lessee shall not store or introduce into the ground, or in or about the leased premises, oil, gasoline, aviation fuel, or other flammable materials defined as hazardous under federal and state environmental protection acts. This provision shall not apply to the storage of flammable liquids necessary for the operation of aircraft, provided that such flammable materials are stored in approved safety cans kept in a steel cabinet in accordance with National Fire Protection Association Standards Numbers 30 and 409, and further provided that the storage of any such flammable fluids shall be limited to the maximum quantities allowed by statute, law and/or regulation and Lessee shall be solely responsible for abiding with all laws, statutes and/or regulations in this regard. e) Lessee shall not cause or permit to be caused or produced upon the leased premises, to permeate the same or to emanate therefrom, any unusual, noxious or objectionable smokes, liquids, gases, vapor or odors. f)
Lessee shall not store fuel, oil and related products on the leased premises.
184.
LESSEE TO COMPLY WITH POLICIES & REGULATIONS
Lessee agrees to observe and obey the policies and regulations governing the conduct and operation of the Airport facilities promulgated from time to time by the Authority, or
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by the Federal Aviation Administration or other governmental authority including, but not limited to, 49 CFR Transportation Security Administration Section 1542 and 1544 (Airport Security) and Federal Aviation Regulations Part 139 (Airport Certification) and Part 77 (Objects Affecting Navigable Airspace), and those assurances agreed to by the Authority as part of the receipt of federal grants including, but not limited to, those regarding civil rights and nondiscrimination, which are incorporated by reference, as such assurances are appropriate to Lessee. In the event the Authority is assessed and pays a fine because of an act or omission of Lessee, its employees, agents and invitees, in violation of this Section, Lessee will reimburse the Authority for such payment within thirty days of the Authority providing notification of such payment. 192.
LESSEE TO OBTAIN AUTHORITY’S APPROVAL OF ASSIGNMENT OR SUBLET
Lessee and any approved assignee or approved subtenant may not mortgage, pledge, assign or otherwise encumber their rights under this Lease or the applicable sublease, or sublet the whole or any part of the leased premises, without the prior written consent of the Authority which approval will not be unreasonably withheld. Even if the Authority’s consent is given, no subletting or assignment shall release Lessee from any obligation pursuant to this Lease or alter the primary liability and obligation of Lessee to pay the rent and to perform all other obligations to be performed by Lessee hereunder. Acceptance of rent by Authority from an assignee or subtenant who has not been approved by Lessee shall not waive the default created by failure to obtain Authority’s consent. As a condition of approving any proposed assignee or subtenant, Authority may require such financial and other information concerning the proposed assignee or subtenant that Authority deems appropriate.
Approval of a proposed sublease or
assignment in any one instance shall not affect Authority’s right to approve all subsequent assignments and subleases. Authority shall be furnished with a copy of all subleases and assignments. 194.
LOCAL PROPERTY TAXES
In the event that the taxing authorities (local or state) impose a tax on the property or the leasehold interest created hereby, Lessee will be responsible for paying same as additional rents. If the amount of property taxes levied upon the Authority is not imposed in a manner that clearly identifies the portion applicable to Lessee, the Authority reserves the right to allocate the total amount to specific lessees using reasonable criteria. If Lessee determines that the payment of property taxes shall cause its program
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in and about the leased premises to be uneconomical, then Lessee may elect to terminate this lease by giving Authority at least 60 days’ advance notice thereof together with a written report evidencing the economic rationale for Lessee’s election to terminate. 195.
SURRENDER UPON TERMINATION
Lessee covenants and agrees to yield and deliver peaceably to the Authority possession of the leased premises on the date of cessation of the Lease, whether such cessation be by termination, expiration or otherwise, properly and in good condition, except for reasonable wear which does not cause or tend to cause deterioration of the improvements or adversely affect the efficient or proper utilization thereof. Lessee will not be considered to have moved out and returned possession of the leased premises until all of Lessee’s property has been removed and Lessee has returned all sets of keys to the leased premises. Rent will not stop until all property has been removed by Lessee and all keys have been returned to the Authority.
198.
LIENS
Neither the Lessee or anyone claiming by, through or under the Lessee, shall have the right to file or place any mechanic’s lien or other lien of any kind or character whatsoever, upon the leased premises or upon any building or improvement thereon, or upon the leasehold interest of the Lessee therein.
Notice is hereby given that no
contractor, subcontractor, or anyone else who may furnish any material, service or labor for any building, improvements, alteration, repairs or any part thereof, shall at any time be or become entitled to any lien thereon. The Lessee covenants and agrees to give actual notice thereof in advance to any and all contractors and subcontractors who may furnish or agree to furnish any such material, service or labor. 201.
AUTHORITY MAINTENANCE OBLIGATIONS
The Authority will be responsible, at its discretion, to repair or replace the following:
Roofing
Foundations
Outside walls
Structural components
Exterior siding
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203.
Major HVAC systems and/or components
Exterior painting
Windows and doors damaged due to “Acts of God”
Fencing
Aircraft ramp
AUTHORITY JANITORIAL OBLIGATIONS
The Authority will provide no janitorial services for the leased premises. Such services will be limited to the common use areas, if applicable. 204.
AUTHORITY TO MAINTAIN AIRPORT
Except as otherwise specifically provided herein, Authority, during the term of this Lease, shall, within its financial ability, operate, maintain and keep in good repair all commonuse appurtenances, facilities and services now or hereafter connected with the Airport, including, without limiting the generality hereof, all field lighting and other appurtenances, facilities and services which Authority has agreed to furnish and supply hereunder; provided, however, that Authority shall not be required to perform maintenance and make repairs occasioned by the negligence of Lessee, its employees, patrons, invitees or agents. However, Authority may perform such maintenance or make such repairs and charge the cost of same to Lessee, and Lessee agrees to reimburse Authority for all costs incurred by Authority in performing such maintenance and repair work.
The
Authority agrees that it will use its best efforts, during the term of this Lease, to maintain and keep the airport facilities in good repair. It will undertake clearing and removal of snow and ice from the runways, taxiways, roads, and the like, as is reasonably necessary to permit landings, departures and general operation of the facility as soon as it is practicable for the Authority to do so. The Authority will remove snow and ice in accordance with the Authority’s approved Snow and Ice Control Plan. 209.
INDEMNIFICATION OF THE PARTIES
Each party hereby indemnifies and holds the other party, its agents and employees, harmless from, for and against any and all claims, costs (including reasonable attorneys’ fees) liabilities, losses, penalties, judgments, awards and expenses (collectively referred to as “Damages”) to the extent such Damages are caused by the indemnifying party’s willful misconduct, violation of this Contract or negligent acts or omissions.
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211.
SUCCESSORS AND ASSIGNS
All of the covenants, stipulations and agreements in this Lease shall extend to and bind the successors and assigns of the respective parties hereto. 212.
ILLINOIS CONCEALED CARRY ACT
As it relates to the leased premises, both parties acknowledge their respective duties as required under the Illinois Concealed Carry Act, 430 ILCS 66/5 et seq and as amended from time to time. 213.
SUBORDINATION AGREEMENT
This Lease shall be subordinate to the provisions of any existing or future agreement between the Authority and the United States, relative to the operation or maintenance of the Airport, the execution of which has been or may be required as a condition precedent to the expenditure of federal funds for the development, improvement or maintenance of the Airport. Should the effect of such agreement with the United States Government be to take any of the leased premises or substantially destroy the commercial value of the improvements, or materially adversely affect Lessee’s use and enjoyment of the Airport, this Lease shall be terminated. 216.
MISREPRESENTATION AND INVALID PROVISIONS
All terms and conditions with respect to this Lease are expressly contained herein and both parties agree that no representative or agent of Authority or Lessee has made any representation or promise with respect to this Lease not expressly contained herein. 218.
SEVERABILITY OF PROVISIONS
In the event any covenant, condition or provision herein contained is held to be invalid by any court of competent jurisdiction, such invalidity shall in no way affect any other covenant, condition or provision herein contained. 220.
BINDING ON SUCCESSORS
Except as herein otherwise provided, all the terms, covenants and conditions of this Lease shall be binding upon and inure to the benefit of the legal representatives, successors, assigns, and subsidiaries respectively of the Authority and Lessee.
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222.
RELATIONSHIP OF AUTHORITY AND LESSEE
It is expressly understood that Authority shall not be construed or held to be partner or associate of Lessee in the conduct of its business, it being expressly understood and agreed that the relationship between the parties hereto is and shall at all times remain that of landlord and tenant. 225.
RENTALS AND NOTICES
Rentals and notices shall be deemed delivered as of the date of postmark if addressed to the other party at the address of: Springfield Airport Authority 1200 Capital Airport Drive
Lincoln Land Community College and
Springfield, IL 62707
5250 Shepherd Road P.O. Box 19256 Springfield, IL 62794
or to such other addresses as either party may designate to the other in writing from time to time. 228.
AUTHORITY OF AIRPORT EXECUTIVE DIRECTOR
The Authority’s Executive Director, is hereby designated as its official representative with full power to represent the Board of Commissioners in its dealings with Lessee in connection with the rights herein granted. 230.
NO WAIVER OF DEFAULT
No action whatsoever, except an express written waiver, shall be construed to be or act as a waiver by the Authority or Lessee of any default by the other in the performance of any of the terms, covenants or conditions hereof to be performed, kept and observed by it. No written waiver by the Authority or Lessee shall be construed to be or act as a waiver of any subsequent default by the other in the performance of any of their terms, covenants and agreements hereof to be performed, kept and observed by it. 232.
CHANGES IN LEASE
Any of the terms of this Lease can be changed upon the mutual consent of the Authority and Lessee, but to be valid any such changes must be in writing and must be executed with the same formalities as this Lease.
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238.
LANGUAGE CONSTRUCTION
Words and phrases herein, including acknowledgement hereof, shall be construed as in the singular or plural number, and as masculine, feminine or neuter gender according to the context. Section headings herein are for convenience only and shall not influence the construction or interpretation of this Lease. 240.
REMEDIES ARE CUMULATIVE
The rights and remedies hereby created are cumulative, and the use of one remedy shall not be taken to exclude or waive the right to the use of another. 243.
GOVERNING LAWS AND VENUE
This Lease shall be deemed to have been made in, and shall be construed in accordance with, the laws of the State of Illinois. To the extent allowed by law, the venue of any action arising from this Lease shall be Sangamon County, Illinois. 246.
ENTIRE AGREEMENT
This Lease constitutes the entire agreement of the parties with respect to the matters covered by this Lease, and no agreement, statement or promise made by an employee or agent of the Authority, shall alter, change or modify this Lease, unless expressed in writing and signed by both the Authority and the Lessee or by the party against whom enforcement of the same is sought. The undersigned certify that they have full authorization to sign this Lease and to commit to all described covenants. Lessor:
Lessee:
SPRINGFIELD AIRPORT AUTHORITY
LINCOLN LAND COMMUNITY COLLEGE
By: ___________________________ Chair
By: _______________________
_____________________________ Printed Name
__________________________ Printed Name
Date:__________________________
__________________________ Title __________________________ Date
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Address:
1200 Capital Airport Dr. Springfield, IL 62707
Address:
5250 Shepherd Road Springfield, IL 62711
Phone: _____________________________ Daytime _____________________________ Evening
68
69
EXHIBIT B List of Items Necessary to the Operation of the Leased Premises Air compressor
We do hereby certify the above mentioned “List of Items Necessary to the Operation of the Leased Premises” are the property of the Authority and were at the Leased Premises prior to the execution of this Lease and likewise, are necessary to the operation of the Leased Premises and are to remain at the Leased Premises upon termination of this Lease as per Section 168 (2) of this Lease. Springfield Airport Authority
Lincoln Land Community College Signature
Signature
Date
Date
Print Name
70
AGENDA ITEM II.I.1
MEMORANDUM
TO:
Members, LLCC Board of Trustees
FROM:
Charlotte J. Warren President
SUBJECT:
LLCC Taylorville Renovation Asbestos Removal Monitoring
DATE:
May 28, 2014
Prior to the renovation of the administrative areas of the original building at our Taylorville campus, abatement of asbestos containing materials (ACMs) is necessary. We abate these materials under the strictest monitoring available, which is the equivalent of a K-12 level, even though it is not required. Hinds Environmental, Inc. has performed these services for us in the past and has proposed a fee of $8,000 to monitor the abatement and collect air quality data for documentation. We feel the fee is reasonable and recommend your approval.
Budget Impact: Total Funds Requested: Source of Funds: Projected Revenue: Projected Savings:
$8,000 PHS n/a n/a
Student Learning Impact: How will proposed agenda item impact student learning? By improving the physical environment in which instruction, study and leisure activities take place. How will proposed agenda item be measured? This project will be measured first by completion within the predetermined budget and time allotted for completion, and then by the satisfaction of the users and stakeholders.
MOTION: Move to approve the proposal from Hinds Environmental in the amount of $8,000 for monitoring ACM abatement at LLCC Taylorville as presented.
Garvey
71
AGENDA ITEM II.I.2
MEMORANDUM
TO:
Members, LLCC Board of Trustees
FROM:
Charlotte J. Warren President
SUBJECT:
LLCC Taylorville Asbestos Abatement
DATE:
May 28, 2014
Prior to the renovation of the administrative areas of the original building at our Taylorville campus, abatement of asbestos containing materials (ACMs) is necessary. Great Western Abatement has performed these services for us in the past and has submitted a proposal of $24,500 to abate the floor coverings, mastic and base in these areas prior to the renovation. We feel the proposal is reasonable and recommend your approval.
Budget Impact: Total Funds Requested: Source of Funds: Projected Revenue: Projected Savings:
$24,500 PHS n/a n/a
Student Learning Impact: How will proposed agenda item impact student learning? By improving the physical environment in which instruction, study and leisure activities take place. How will proposed agenda item be measured? This project will be measured first by completion within the predetermined budget and time allotted for completion, and then by the satisfaction of the users and stakeholders.
MOTION: Move to approve the proposal from Great Western Abatement, Inc. in the amount of $24,500 for ACM abatement at LLCC Taylorville as presented.
Garvey
72
AGENDA ITEM II.I.3
MEMORANDUM
TO:
Members, LLCC Board of Trustees
FROM:
Charlotte J. Warren President
SUBJECT:
Sangamon Hall Air Handler Unit #2 Replacement Change Orders
DATE:
May 28, 2014
During the course of any construction project, modifications to the agreement are necessary due to undiscovered conditions, existing conditions, or requests from the owner and the recognition that in any set of contract documents there will be the necessity for clarification. Therefore, in keeping with the policies of the Board of Trustees, the following change orders are submitted for ratification. The project contingency will be enhanced by $5,221.00 from funds available within the approved PHS project to cover these final change orders. These are the last remaining change orders for this project which will be closed out with these ratifications. RFP/CO # G-001 G-002 G-003
Description Provide maintenance platform and partial railing at the equipment platform Relocate fire alarm conduit to coordinate with air unit installation Flue repair Total:
Amount of project contingency: Project contingency enhancement: Adjusted amount of project contingency: Less previously approved change orders: Change order(s) presented for ratification: Less other consultant fees/permits to date: Amount of contingency remaining:
Longhta/Garvey
Cost $10,306.00 $2,185.00 $4,984.00 $17,475.00 $12,254.00 $5,221.00 $17,475.00 $0.00 $17,475.00 $0.00 $0.00
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AGENDA ITEM II.I.3
Budget Impact: Total Funds Requested: Source of Funds: Projected Revenue: Projected Savings:
$17,475.00 PHS n/a n/a
Student Learning Impact: How will proposed agenda item impact student learning? By improving the physical environment in which instruction, study and leisure activities take place. How will proposed agenda item be measured? This project will be measured first by completion within the predetermined budget and time allotted for completion, and then by the satisfaction of the users and stakeholders.
MOTION: Move to ratify the listed change orders in the amount of $17,475.00 for the Sangamon Hall Air Handler Unit #2 Replacement project as presented.
Longhta/Garvey
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III. Action Agenda
AGENDA ITEM III.D.1
MEMORANDUM
TO:
Members, Board of Trustees
FROM:
Charlotte J. Warren President
SUBJECT:
Updated Facilities Master Plan
DATE:
May 28, 2014
The Facilities Master Plan was last updated in 2011 as we were nearing completion of the major building construction projects funded by the 2008 Funding Bonds. The projects that emerged from that plan revision, along with their current status, are listed below in priority order: 1. Develop a new Surgical Technician Suite and CNA lab within the existing Workforce Development Resource Center (now Montgomery Hall). Completed. 2. Develop an additional CNA lab and classrooms within the existing Workforce Development Resource Center (now Montgomery Hall). Completed. 3. Develop Theater Program Space in the lower level of Sangamon Hall. Approved for state funding. Currently on-hold until state construction bonds are sold. 4. Renovate the west side of the existing Workforce Development Resource Center (now Montgomery Hall) into Adult Education and Community Education classroom and office space. Space still occupied by SIU. Project on-hold until financial conditions improve and/or the space is vacated. 5. Renovate the first floor of the Millennium Center into relocated IT offices. Revise. 6. Renovate the existing IT office space on the first floor of Menard Hall into additional classroom space. Delete. 7. Renovate the existing Student Services offices and Testing Center on the first floor of Menard Hall. Revise.
Warren
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AGENDA ITEM III.D.1
8. Renovation the east side of Logan Hall to accommodate Nursing and Health Careers and renovate the second floor of the Millennium Center to accommodate IT, Architecture, and CAD/GIS labs. Revise. Vacant spaces on campus at the current time include the middle section of the first floor of the Millennium Center and a large space formerly used for teleconferencing on the lower level of Sangamon Hall. Additionally, there are other spaces on campus which are in use but possibly not used to their full potential. Therefore, this semester we engaged Demonica, Kemper & Associates, Inc. (DKA) to assist with an update to the current Facilities Master Plan. You might recall that DKA completed the current Facilities Master Plan for LLCC in 2011 and was instrumental in programming the use of space in the Workforce Careers Center (now Montgomery Hall). DKA met with Dr. Tepatti, Ms. Frederick, Esteban Cruz, Hugh Garvey, Rich Vertrees, and me to discuss vacant spaces on campus, space needs not currently being met, and the status of the current Facilities Master Plan. Following those discussions the decision was made to revise the current Facilities Master Plan reflecting more up-todate information and priorities. Part of the revision would involve deleting Priority No. 6, combining and revising priorities 5, 7, and 8 in a project reflecting today’s campus needs. Based on the most pressing needs of the campus community and available space, the revised Facilities Master Plan would: 1. Convert the flex center in Logan Hall into a large classroom. 2. Renovate the central area of the Millennium Center into three classrooms and two offices. 3. Renovate classroom 0105 on the lower level of Sangamon Hall into a reading classroom. 4. Renovate the north end of Menard Hall to reflect up-to-date Student Services and provide a larger centralized testing center. 5. Combine 1-4 above into one phased project for submission on the ICCB RAMP document at an estimated cost of $4,004,037. 6. Retain renovation of the west side of Montgomery Hall for Adult and Community Education space, albeit at a lower priority.
Warren
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AGENDA ITEM III.D.1
I recommend your approval of the update to the Facilities Master plan and authorize Administration to submit the plan to the Illinois Community College Board.
MOTION: Move approval of the update to the Facilities Master Plan and authorize Administration to submit the plan to the Illinois Community College Board.
Warren
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IV. Information Items
AGENDA ITEM IV.A.3.a
MEMORANDUM
TO:
Members, LLCC Board of Trustees
FROM:
Charlotte J. Warren President
SUBJECT:
Position Vacancies and Hires
DATE:
May 28, 2014
POSITION VACANCIES CLASSIFIED Administrative Assistant to the Dean (FT) Custodial Foreman (FT) Education Services Representative (PT) Mechanical Maintenance Technician (FT) PROFESSIONAL Systems Administrator I (FT) ADMINISTRATIVE Assistant Vice President, Student Success (FT) Dean, Arts & Humanities (FT) Director, Admissions, Records and Registration (FT) Program Director, Associate Degree Radiography (FT)
Ransdell
80
AGENDA ITEM IV.A.3.b
MEMORANDUM
TO:
Members, LLCC Board of Trustees
FROM:
Charlotte J. Warren President
SUBJECT:
Construction Progress Update
DATE:
May 28, 2014
Attached is the current Construction Project Status Report for LLCC. It includes all projects that are currently underway, projects that have formal plans and available funding but are not yet underway, and projects that have been requested for state funding but have no formal plans or available funding. The following information is intended to provide a brief overview of the progress of each of the projects since the previous Board Meeting:
Boiler Replacement We have begun planning for the replacement of 8 boilers in the Physical Plant of Sangamon Hall. Front Entry Improvements The project is Substantially Complete. There are some landscaping improvements left to be completed in the Spring. PHS Projects – FY’11 Campus Boulevard Lighting Replacement Contract Documents are being prepared. Variable Frequency Drive Units Replacement The project is underway. PHS Projects – FY’12 Generator Project The project is substantially complete.
Garvey
81
AGENDA ITEM IV.A.3.b
PHS Projects – FY’ 13 Masonry Repairs to Sangamon, Menard and Cass This project is managed by the CDB. The bid opening was held on March 13th and the CDB is still reviewing the three lowest bids. Taylorville Renovation The Construction Documents are being prepared in anticipation of a July bid opening.
Budget Impact: Total Funds Requested: Source of Funds: Projected Revenue: Projected Savings:
n/a n/a n/a n/a
Student Learning Impact: How will proposed agenda item impact student learning? By improving the physical environment in which instructional, study and leisure activities take place. How will proposed agenda item be measured? Each of these projects is measured first by completion within the predetermined budget and time allotted for completion, and then by the satisfaction of the users and stakeholders.
Garvey
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83
L
Sangamon Hall Boiler Replacement
Funding Source
4,733,500
Sum of Original Contract Amount 10,465 187,417 153,083 350,965 831,688 831,688 247,100 328,500 575,600 176,238 176,238 20,000 67,500 100,000 901,600 1,089,100 646,674 700,559 362,676 1,709,909 -
Sum of Adjusted Sum of Contract Retainag Amount e 10,465 187,417 170,558 368,440 651,641 651,641 251,927 364,687 616,614 176,238 176,238 20,000 67,500 100,000 901,600 1,089,100 15,228 661,902 3,299 703,858 6,159 368,835 24,686 1,734,595 (96,871) 4,636,629 Sum of Change Orders 17,475 17,475 (180,047) (180,047) 4,827 36,187 41,014
This summary page provides information pertaining to the contract payouts and balances. The back-up sheets may differ since the back-up sheets contain the contract amounts, payouts, as well as any interest that may have been earned.
Notations: + Indicates that the project is being monitored by an outside agency. In some cases, the outside agency has not provided the college with the necessary payout or final close out forms. As the information is received, the above information will be adjusted.
S,L S,L S,L S,L S,L
L L L
S,L L L S,L
L
L L
L
L L L
Education Service Area Expansion Logan Hall Millennium Center ITS Student Services/Testing Center WDRC-Adult Ed/Comm Educ
Athletic Field Drainage Improvements Front Entry Improvements Parking Lot Striping & Resurfacing
Theatre Renovations Infrastructure Metal Building Menard Hall Carpet Replacement CDB SGMN MNRD CASS Masonry Repairs
73905 73906 73907 73909
77902 77903 77905
Taylorville PHS Code Compliance Renovation Project
Cass Gym Bleacher Replacement Menard Hall Subsurface Settlement
70928 70929
70930
Generation Plant
Project Name Campus Boulevard Lighting Replacement Variable Frequency Drive Units Sangamon Hall Air Handler Replacement
70925
Colleague Dept # 70921 70923 70924
Funding Bonds Total ICCB Capital Budget Request NEW NEW NEW NEW NEW ICCB Capital Budget Request Total PHS Balance Transfers 70931 PHS Balance Transfers Total Grand Total
Infrastructure Fee Total Funding Bonds
FY2013 PHS Total FY2014 PHS FY2014 PHS Total Infrastructure Fee
FY2011 PHS Total FY2012 PHS FY2012 PHS Total FY2013 PHS
Type / Year FY2011 PHS
Sum of Original LLCC Budget Approved / Estimated 100,876 204,571 186,682 492,129 728,354 728,354 339,000 435,520 774,520 1,900,541 1,900,541 20,000 67,500 100,000 901,600 1,089,100 662,000 720,000 402,000 1,784,000 4,235,000 3,404,000 635,000 2,740,000 1,445,000 12,459,000 786,220 786,220 20,013,864
The following information is a reflection of information that has been provided to the Business Office as of April 30, 2014
All Capital Projects
Sum of Sum of Contract Contract Sum of Balance % Payments To Date Remaining Remaining 917 9,548 91.24% 20,075 167,342 89.29% 143,970 26,588 15.59% 164,962 203,478 55.23% 632,127 19,514 2.99% 632,127 19,514 2.99% 252,420 (493) -0.20% 299,995 64,692 17.74% 552,415 64,199 10.41% 15,092 161,146 91.44% 15,092 161,146 91.44% 13,424 6,576 32.88% 31,936 35,564 52.69% 23,621 76,379 76.38% 901,600 100.00% 68,981 1,020,119 93.67% 660,590 1,312 0.20% 687,726 16,132 2.29% 344,822 24,013 6.51% 1,693,138 41,457 2.39% 0.00% 0.00% 0.00% 0.00% 0.00% 0.00% 0.00% 0.00% 3,126,715 1,509,914 32.56%
AGENDA ITEM IV.A.6.a
AGENDA MASTER CALENDAR
JUNE 2014 •
Summer Adjunct Faculty Listing
•
Budget Workshop 6/25/14
•
Board Meeting 6/25/14
JULY 2014 •
FY’15 Tentative Budget
•
Board Meeting 7/23/14
AUGUST 2014 •
Board Meeting 8/27/14
SEPTEMBER 2014 •
Budget Adoption/Public Hearing
•
Mid-Year Tenure Listing
• Annual Board Evaluation • Board Meeting 9/24/14
OCTOBER 2014 •
Financial Audit Review
•
PHS Projects
•
Board Meeting 10/22/14
NOVEMBER 2014 •
FEBRUARY 2015 •
Sabbatical Leaves
•
Faculty Contracts and Position Listing
•
Tenure Listing
•
Catalog Review and Adoption
•
Board Meeting 2/25/15
Board Meeting 11/19/14
DECEMBER 2014 •
Adopt CY’14 Property Tax Levy
•
Board Meeting 12/17/14
MARCH 2015 • •
JANUARY 2015 • Board Meeting 1/28/15
APRIL 2015
Administrative Contracts
•
Board Meeting 3/25/2015
• • •
•
MAY 2015 LLCC Foundation Gala
FY’16 Preliminary Revenue Estimate
•
Employee Recognition Ceremony
Seating of New Student Trustee
•
Adult Ed Recognition Ceremony
Student Recognition Ceremony
•
Commencement
Board Meeting 4/22/15
•
Board Meeting 5/27/15
84
V. Strategic Discussion
AGENDA ITEM V.A
MEMORANDUM
TO:
Members, LLCC Board of Trustees
FROM:
Charlotte J. Warren President
SUBJECT:
Student Leadership Development
DATE:
May 28, 2014
Ms. Karla Martin, Student Government Association President for the 2013-2014 Academic Year, will be presenting an overview of her student leadership growth and development at Lincoln Land Community College.
Frederick
86
