THE ILLINOIS SPORTS FACILITIES AUTHORITY REQUEST FOR QUOTE (RFQ) TO PROVIDE APPRAISAL SERVICES MAY 2019

Respondent Certifications

RFQ Name: 2019 Appraisal Services

Respondent:

CHECK BOX (ES) TO CERTIFY:

[ ] Section 17 of the Illinois Sports Facilities Authority Act, 70 ILCS 3205 (see http://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=978&ChapterID=15), and the Public Officer Prohibited Activities Act, 50 ILCS 105/3 (see http://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=689&ChapterID=11) (collectively, the “Conflict of Interest Laws”), prohibit certain officials of a unit of local government from having an interest (either directly in the name of the person or indirectly in the name of another person) in a contract to be entered into by the unit of local government. Respondent certifies that it is fully authorized to enter into an agreement with the Authority and has no known conflicts of interest as described in the ISFA Act and Public Officer Prohibited Activities Act.

[ ] Respondent certifies that no officer, director or owner of the Respondent is a member of the Authority or officer, agent or employee thereof or, if such relationship exists, it is not prohibited by the terms of the Conflict of Interest Laws.

[ ] Pursuant to the Public Officer Prohibited Activities Act, Respondent certifies that no officer of the Authority is or will represent the Respondent with respect to this RFQ, which the officer may be called upon to act or vote.

[ ] Pursuant to the Public Officer Prohibited Activities Act, neither the Respondent nor its agents, officers or employees, has made any offer to, nor been solicited by, any member of the Board, officer or employee of the Authority, either directly or indirectly, regarding any money or other thing of value as a gift or bribe or means of influencing his or her vote or action in his or her official capacity.

[ ] Respondent certifies there are no other conflicts of interest or other commitments that could interfere with its ability to perform the Services.

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[ ] Neither Respondent, nor its agents, officers or employees, is barred from contracting with any unit of state or local government for any reason including, but not limited to, being convicted of bid-rigging, as defined in Section 33E-3 of the Illinois Criminal Code of 1961 (720 ILCS 5/33E-3) or of bid-rotating, as defined in Section 33E-4 (720 ILCS 5/33E-4) or of any similar offenses of any state or the United States that contain the same elements as the offenses of bid- rigging or bid-rotating.

[ ] Respondent will, pursuant to 720 ILCS 5/33E-6, report to the Illinois Attorney General and Cook County State’s Attorney any prohibited communication that would constitute interference with contract submission and award by a public official.

[ ] Pursuant to 775 ILCS 5/2 105, Respondent complies with the Illinois Department of Human Rights Act and rules applicable to public contracts, including equal employment opportunity, refraining from unlawful discrimination, and having written sexual harassment policies.

[ ] Respondent will, pursuant to the Drug Free Workplace Act (30 ILCS 580), provide a drug free workplace. Respondent certifies that it will not engage in the unlawful manufacture, distribution, dispensation, possession or use of a controlled substance in the performance of the contract. This requirement applies to contracts of $5,000 or more with individuals, and to entities with twenty-five (25) or more employees.

[ ] Respondent, its employees and subcontractors shall comply with applicable provisions of the U.S. Civil Rights Act, Section 504 of the Federal Rehabilitation Act, and the rules applicable to each as well as the Americans with Disabilities Act (42 U.S.C. 12101 et seq.) and the regulations thereunder (28 CFR 35.130).

[ ] Neither the Respondent, nor any of its affiliates, subsidiaries, officers, directors, managerial employees, or any individual who, directly or indirectly, holds a pecuniary interest in the Respondent’s organization has been convicted of a criminal offense incident to the application for or performance of a contract or subcontract with a governmental entity in the State of Illinois, or has been convicted of a criminal offense, or held liable in a civil proceeding, that negatively reflects on the entity’s or individual’s business integrity, based on a finding of embezzlement, theft, forgery, bribery, falsification, or destruction of records, receiving stolen property, or violation of state or federal antitrust statutes or similar laws.

[ ] Respondent is not in arrears to the State of Illinois for any debts whatsoever (including but not limited to back taxes). Further, the undersigned certifies that the Respondent has not defaulted on any other projects or services with the State of Illinois, US Federal Government, or any governmental entity of Cook County or the City of Chicago.

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THE ILLINOIS SPORTS FACILITIES AUTHORITY REQUEST FOR QUOTE TO PROVIDE APPRAISAL SERVICES MAY 2019

Non-Collusion Affidavit

(To be copied and completed on Respondent’s letterhead)

This statement is attached to, and is a part of, the Response to provide Audit Services for the Illinois Sports Facilities Authority. STATE OF ______) COUNTY OF ______) SS

I state that I am ______(Title) of ______(Name of Firm) and I am authorized to make this affidavit on behalf of my firm, and its owners, directors, and officers. I am the person responsible in my firm for the fees and/or amounts of this Response.

I state that: 1) The fees and/or amounts in this Response have been arrived at independently and without consultation, communication or agreement with the current auditor or any other Respondent or potential Respondent. 2) Neither the fees nor the amounts in this Response have been disclosed to any other firm or person who is a Respondent or potential Respondent, and they will not be disclosed before the Response opening. 3) No attempt has been made or will be made to induce any firm or person to refrain from responding to this Request for Quote, or to submit any intentionally high or noncompetitive Response with the effect of restraining free competition. 4) This Response is made in good faith and not pursuant to any agreement of discussion with, or inducement from, any firm or person to submit a complementary or other noncompetitive Response.

5) ______(Name of Firm) its affiliates, subsidiaries, officers, directors and employees are not currently under suspension or investigation by any governmental agency, have not been barred from contracting with any unit of state or local government, and have not in the last five years been convicted or found liable for any act prohibited by state or federal law in any jurisdiction, involving conspiracy or collusion with respect to proposing on public contracts.

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I state that ______(Name of Firm) understands and acknowledges that the above representations are material and important, and will be relied on by the Illinois Sports Facilities Authority in awarding the contract for which the Response is submitted. I understand and my firm understands that any misstatement in this affidavit is and shall be treated as fraudulent concealment from the Illinois Sports Facilities Authority of the true facts relating to the submission of this Response.

______(Signature) (PRINT - Signatory’s Name)

______(Signatory’s Title at Respondent firm)

SWORN TO AND SUBSCRIBED BEFORE ME THIS ______DAY OF ______, 20____

______My Commission Expires ______(SEAL) (Notary Public)

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Request for Taxpayer Give Form to the Form W-9 (Rev. October 2018) Identification Number and Certification requester. Do not Department of the Treasury send to the IRS. Internal Revenue Service Go to www.irs.gov/FormW9 for instructions and the latest information. 1 Name (as shown on your income tax return). Name is required on this line; do not leave this line blank.

2 Business name/disregarded entity name, if different from above

. 3 Check appropriate box for federal tax classification of the person whose name is entered on line 1. Check only one of the 4 Exemptions (codes apply only to following seven boxes. certain entities, not individuals; see

page 3 page instructions on page 3):

C Corporation S Corporation Partnership Trust/estate

on Individual/sole proprietor or

single-member LLC Exempt payee code (if any)

Limited liability company. Enter the tax classification (C=C corporation, S=S corporation, P=Partnership) Exemption from FATCA reporting Note: Check the appropriate box in the line above for the tax classification of the single-member owner. Do not check

or type.

code (if any) LLC if the LLC is classified as a single-member LLC that is disregarded from the owner unless the owner of the LLC is

Instructions another LLC that is not disregarded from the owner for U.S. federal tax purposes. Otherwise, a single-member LLC that

Print is disregarded from the owner should check the appropriate box for the tax classification of its owner. (Applies to accounts maintained outside the U.S.) Other (see instructions) 5 Address (number, street, and apt. or suite no.) See instructions. Specific Requester’s name and address (optional)

See 6 City, state, and ZIP code

7 List account number(s) here (optional)

Part I Taxpayer Identification Number (TIN) Social security number

– –

Employer identification number

– Part II Certification

Under penalties of perjury, I certify that: 1. The number shown on this form is my correct taxpayer identification number (or I am waiting for a number to be issued to me); and 2. I am not subject to backup withholding because: (a) I am exempt from backup withholding, or (b) I have not been notified by the Internal Revenue Service (IRS) that I am subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified me that I am no longer subject to backup withholding; and 3. I am a U.S. citizen or other U.S. person (defined below); and 4. The FATCA code(s) entered on this form (if any) indicating that I am exempt from FATCA reporting is correct. Certification instructions. You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all interest and dividends on your tax return. For real estate transactions, item 2 does not apply. For mortgage interest paid,

acquisition or abandonment of secured property, cancellation of debt, contributions to an individual retirement arrangement (IRA), and generally, payments other than interest and dividends, you are not required to sign the certification, but you must provide your correct TIN. See the instructions for Part II, later.

Sign Here

Signature of U.S. person Date

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General Instructions Section references are to the Internal Revenue Code unless otherwise noted. Future developments. For the latest information about developments related to Form W-9 and its instructions, such as legislation enacted after they were published, go to www.irs.gov/FormW9. Purpose of Form An individual or entity (Form W-9 requester) who is required to file an information return with the IRS must obtain your correct taxpayer identification number (TIN) which may be your social security number (SSN), individual taxpayer identification number (ITIN), adoption taxpayer identification number (ATIN), or employer identification number (EIN), to report on an information return the amount paid to you, or other amount reportable on an information return. Examples of information returns include, but are not limited to, the following.

• Form 1099-INT (interest earned or paid) • Form 1099-DIV (dividends, including those from stocks or mutual funds) • Form 1099-MISC (various types of income, prizes, awards, or gross proceeds) • Form 1099-B (stock or mutual fund sales and certain other transactions by brokers) • Form 1099-S (proceeds from real estate transactions) • Form 1099-K (merchant card and third party network transactions) • Form 1098 (home mortgage interest), 1098-E (student loan interest), 1098-T (tuition) • Form 1099-C (canceled debt) • Form 1099-A (acquisition or abandonment of secured property) Use Form W-9 only if you are a U.S. person (including a resident alien), to provide your correct TIN.

If you do not return Form W-9 to the requester with a TIN, you might be subject to backup withholding. See What is backup withholding, later.

Cat. No. 10231X Form W-9 (Rev. 10-2018)

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AGREEMENT FOR PROFESSIONAL SERVICES

This AGREEMENT FOR PROFESSIONAL SERVICES (this “Agreement”) is made as of this_____ day of ______by and between the ILLINOIS SPORTS FACILITIES AUTHORITY (the “Owner”) and ______(the “Consultant”).

For and in consideration of the mutual promises and covenants hereinafter set forth, Owner and Consultant hereby agree as follows:

CONSULTANT’S SERVICES

Consultant shall provide appraisal services (the “Project”), as more fully described in Exhibit I attached hereto (collectively, the “Services”) in accordance with the terms and provisions set forth herein. Consultant shall furnish all professional services, labor, materials, tools, equipment and supervision necessary or appropriate to fully perform the Services and all other duties and responsibilities of Consultant pursuant to this Agreement.

Consultant shall perform the Services in accordance with the schedule outlined in Exhibit I.

In the performance of the Services, Consultant shall comply with all applicable federal, state and local laws, regulations, rules, ordinances, codes, permits, licenses, approvals, orders, declarations and decrees in effect from time to time (collectively, “Laws”).

Attached hereto as Exhibit II is the fee to be charged by Consultant, which rate shall include all of Consultant’s expenses relating to the Project, including, but not limited to, the salary of the Consultant attributable to work on the Project and the cost of the Consultant’s mandatory and customary contributions and benefits relating to the Project such as employment taxes and other statutory employee benefits, insurance, sick leave, holidays, vacations, pensions, and similar contributions and benefits, if applicable.

COMPENSATION

2.1 The fee for Consultant’s Services pursuant to this Agreement (the “Consultant’s Fee”) shall be the sum of the hours worked on the Project by the Consultant multiplied by the hourly rate identified on Exhibit II. In no event shall the Consultant’s Fee exceed without the prior approval of Owner. Consultant shall invoice Owner for performance of Services no later than the fifth of each month for Services performed in the immediately preceding month.

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INVOICES AND PAYMENT

Each invoice for payment submitted by Consultant shall include (i) a statement of all Services performed (to the extent identified on Exhibit II) during the period since the last invoice; and (ii) Consultant’s certification that the Services for which payment is sought have been completed in accordance with this Agreement.

Owner shall pay all amounts properly owing to Consultant as set forth in each invoice within thirty (30) days following receipt of such invoice. However, if Owner objects to all or any portion of any invoice, Owner shall so notify Consultant within fifteen (15) days from receipt of such invoice, giving Consultant reasons for the objection, and Owner shall not pay that portion of the invoice which is in dispute, give reasons for the objection, and shall pay any portion of the invoice not in dispute within the preceding thirty (30) day period. Unless otherwise directed in writing, all invoices shall be submitted to Owner for payment to the address set forth in Section 11.5 hereof.

Notwithstanding anything to the contrary herein contained, no compensation shall be paid to or claimed by Consultant for services required to correct deficiencies attributable to errors or omissions of Consultant, and all such errors or omissions shall be corrected by Consultant at Consultant’s sole cost and expense.

Consultant’s records relating to the Services shall be kept in accordance with generally accepted principles of accounting consistently applied and shall be retained by Consultant for a period of not less than five (5) years following the completion of the Services. Such records shall be available to Owner or any authorized representative of Owner, upon reasonable prior notice, for audit and review during normal business hours.

REPRESENTATIONS AND WARRANTIES AND COVENANTS

Consultant hereby represents and warrants to Owner, with the intention that Owner rely thereon in entering into this Agreement, that: (a) Consultant has the training, capability, experience, expertise, and licensing necessary to perform the Services in accordance with the requirements of this Agreement and the Professional Standard (as defined below); (b) Consultant possesses and will keep in force all required licenses, permits and accreditations to perform the Services; and (c) Consultant has full power to execute, deliver and perform this Agreement and has taken all necessary action to authorize such execution, delivery and performance.

4.2 Consultant hereby covenants and agrees that: (a) Consultant shall perform all Services described in this Agreement in accordance with the practices, methods, standards, degree of judgment and skill that are ordinarily possessed and exercised by (and generally accepted as being appropriate for) nationally recognized professionals of good standing and who are performing work for projects which are of similar scope, 2 of 13

nature and complexity as the Project (the “Professional Standard”); and (b) Consultant shall perform the Services described herein promptly, diligently and continuously with an adequate number of qualified personnel to ensure completion by the scheduled completion date;

INDEPENDENT CONSULTANT STATUS AND CONSULTANTS

Consultant is engaged by Owner only for the purpose and to the extent set forth in this Agreement, and Consultant’s status during the period of this engagement shall be that of an independent contractor and nothing herein will at any time be construed to create the relationship of employer and employee, principal and agent, partners, or joint venturers between Owner and Consultant, or between the respective officers, directors, partners, managers, employees or agents of Owner and Consultant. Consultant shall not be an employee or agent of Owner, nor claim to be acting as such, and shall have no authority whatsoever to bind Owner, waive any contractual requirements or make any statements or representations on behalf of Owner.

Consultant shall be solely responsible for its own compensation, benefits, contributions and taxes, if any, and shall at its own expense comply with all applicable workmen’s compensation, unemployment insurance, employer’s liability, tax withholding, minimum wage and hour, and other federal, state, county and municipal laws, ordinances, rules, regulations and orders.

Consultant shall not contract with any consultant for performance of a portion of the Services without first securing Owner’s approval.

INDEMNIFICATION

To the fullest extent permitted by law, Consultant shall indemnify, defend and hold harmless Owner, City of Chicago, State of Illinois, Chicago White Sox, Ltd., Chisox Corp., Chicago White Sox Charities, Inc., At Your Service, LLC, At Your Service Management Corp., Illinois Sportservice Inc., CWS Maintenance Company, Roclab Athletic Instruction LLC, Jerry Reinsdorf, Jerry M. Reinsdorf Revocable Trust, Jerry M. Reinsdorf Gift Trusts, Levy Premium Foodservice Limited Partnership, and their respective directors, owners, partners, members, employees and agents, and any subsidiaries or affiliates, or subsidiaries of affiliates thereof, from and against any and all claims, demands, suits, liabilities, injuries (personal or bodily), property damage, causes of action, losses, expenses, damages or penalties, including, without limitation, court costs and attorneys’ fees, arising or resulting from, or occasioned by or in connection with (i) the performance by Consultant of the Services and other duties and obligations under this Agreement, (ii) any act or omission to act (whether negligent, willful, wrongful or otherwise) by Consultant and anyone directly or indirectly employed by the Consultant

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or anyone for whose acts the Consultant may be liable, and/or (iii) any breach, default, violation or nonperformance by Consultant of any term, covenant, condition, duty or obligation provided in this Agreement. This indemnification, defense and hold harmless obligation shall survive the termination or expiration of this Agreement, whether by lapse of time or otherwise. This indemnification obligation shall not be limited (i) by a limitation on the amount or type of damages, compensation or benefits payable by or for Consultant or any other party under workers’ or workmen’s compensation acts, disability benefit acts or other employee benefits acts, or (ii) pursuant to any common law or case law.

INSURANCE

Consultant shall procure, at its sole cost and expense, the insurance coverages set forth below, and shall maintain such coverages in full force and effect as specified in this Section. Consultant shall include Owner as a certificate holder and the following parties as additional insureds (except with respect to Worker’s Compensation and Professional Liability insurance policies) utilizing forms CG 2010 and CG 2037 10/01 or equivalent: Illinois Sports Facilities Authority; City of Chicago; State of Illinois; Chicago White Sox, Ltd.; Chisox Corp.; Chicago White Sox Charities, Inc.; At Your Service, LLC; At Your Service Management Corp.; Illinois Sportservice Inc.; CWS Maintenance Company; Roclab Athletic Instruction LLC; Jerry Reinsdorf; Jerry M. Reinsdorf Trusts; Levy Premium Foodservice Limited Partnership;GRG-U.S. Cellular Field Management Company LLC; Standard Parking Corporation, Silver Chalice Ventures, LLC, Baseball Buffet, Inc., Guaranteed Rate Inc. and their respective directors, owners, partners, members, employees and agents; any subsidiaries or affiliates, or subsidiaries of affiliates thereof; any parties performing any activity under the control or supervision of any of the foregoing; and any other parties that the Owner may identify. Consultant shall provide the certificate of coverage as Exhibit III. The insurance coverage afforded under the policies described herein shall be primary and non-contributing with respect to any insurance carried independently by the additional named insureds. All such insurance policies shall indicate that as respects the insureds (whether named or otherwise), cross liability and severability of interests shall exist for all coverages provided thereunder. The insurance specified below shall be in form and substance (and placed with insurance companies) reasonably acceptable to Owner, shall be written on an occurrence basis (except for the Professional Liability Insurance, which shall be written on a claims made basis), and shall include endorsements requiring the giving of notice to Owner at least sixty (60) days prior to the cancellation, non-renewal or material modification of any such policies. Such insurance companies shall have at a minimum an A- rating or better with a minimum Class VIII financial size as rated by A.M. Best. Consultant shall promptly furnish Owner with certificates of insurance evidencing the insurance required hereunder, and shall not commence any Services under this Agreement until such insurance is obtained.

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Commercial General Liability Insurance. A Commercial General Liability Insurance Policy using form CG0001 12/07 or equivalent and including, without limitation, a waiver of subrogation endorsement in favor of the additional insureds, and appropriate endorsements adding the following coverages: Premises and Operations Liability; Explosion, Collapse and Underground Damage Liability; Personal Injury Liability; Broad Form Property Damage Liability; Broad Form Contractual Liability and Independent Contractor’s Protective Liability. The Commercial General Liability Insurance Policy must be written with a combined single limit of liability of not less than $1,000,000 for each occurrence of bodily injury and/or property damage and an annual aggregate of liability of not less than $2,000,000 for bodily injury and/or property damage and include a per project aggregate.

Business Automobile Liability Insurance. A Business Automobile Insurance Policy written on an occurrence basis, in form and substance reasonably acceptable to the Owner and including, without limitation, a waiver of subrogation endorsement in favor of the Owner and all additional insureds. The Business Automobile Liability Insurance Policy must provide coverage for all owned, hired, rented and non-owned automobiles, and must be written with a combined single limit of liability of not less than $1,000,000 for each occurrence of bodily injury and/or property damage.

(iii) Worker’s Compensation Insurance. A Worker’s Compensation Insurance Policy in an amount not less than the statutory limits, including Employer’s Liability Insurance with limits of liability of not less than (i) $1,000,000 for bodily injury by accident, each accident, (ii) $1,000,000 for bodily injury by disease, each employee, and (iii) $1,000,000 aggregate liability for disease. The Workers’ Compensation & Employer’s Liability Insurance Policies must each include a waiver of subrogation endorsement in favor of the additional insureds.

(iv) Professional Liability Insurance. A Professional Liability Insurance Policy specifically covering Consultant’s Services under this Agreement with an endorsement for Contractual Liability, providing minimum professional liability coverage of $1,000,000 per occurrence and $1,000,000 in the aggregate. Such insurance shall include contractual liability coverage and shall be retroactive to the earlier of the date of this Agreement or the commencement of the Services. The Professional Liability Insurance Policy must be maintained for a period of not less than three (3) years following the date of final payment to Consultant for all Services.

(v) Umbrella Liability Insurance. A follow form Umbrella Liability Insurance Policy written in excess of the coverages provided by the insurance policies described in Subparagraphs 7.1(i), 7.1(iii) and the Employer’s Liability in 7.1(ii), in form and substance reasonably acceptable to Owner and including, without limitation, a waiver of subrogation endorsement in favor of the additional insureds. The Umbrella Liability Insurance Policy must be written with a combined single limit not less than $5,000,000

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for each occurrence of bodily injury and/or property damage, and an annual aggregate of liability of not less than $5,000,000 for bodily injury and/or property damage.

Except as otherwise expressly provided herein, all insurance policies required by the terms of this Section shall be kept in full force and effect until the date of final payment to Consultant for the Services.

OWNERSHIP OF DOCUMENTS AND CONFIDENTIALITY

The documents, analyses, opinions, recommendations, certifications, reports, and other documents of any nature prepared pursuant to this Agreement (collectively, the “Work Product”) shall be deemed the property of Owner and are to be treated as confidential. Consultant hereby grants a license to Owner to use all such Work Product in the course of its business operations. All copies of them shall be returned or suitably accounted for to Owner upon completion of the Project. The Work Product shall not to be used by Consultant on other projects or for any other purpose without the specific written consent of Owner.

“Confidential Information” shall mean all information, whether in written, verbal, graphic, electronic or any other form, which is disclosed to or observed by the Consultant in the course of its performance of Services hereunder, and which is (i) labeled or identified as confidential, (ii) not generally available to the public, or (iii) under all of the circumstances, would be reasonably understood by the recipient to be confidential. Confidential Information includes the Work Product, plans, drawings, specifications, forecasts, projections, reports, analyses and similar items. The Consultant (i) will use Confidential Information only in connection with Consultant’s performance of the Services, and (ii) will not disclose Confidential Information except to the Consultant’s employees and sub-consultants to the extent such parties need to know such Confidential Information in connection with the performance of the Services. The Consultant will be responsible and liable for any unauthorized disclosure, publication or dissemination by any party who obtained Confidential Information from the Consultant. In the event any Confidential Information must be disclosed as required under applicable Law or court order, the Consultant must give the Owner reasonable notice prior to such disclosure and will reasonably cooperate with any efforts requested by the Owner to limit the nature or scope of the disclosure.

STOP WORK ORDER

Owner may at any time, by delivering written notice to Consultant (a “Stop Work Order”), require Consultant to stop all or any part of the performance of Services required by this Agreement for a period of up to ninety (90) days after Consultant receives such Stop Work Order. Upon receipt of the Stop Work Order, Consultant shall comply with its terms and take all reasonable steps to minimize costs for Services covered by the Stop

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Work Order during the period of work stoppage. Within a period of ninety (90) days after Consultant’s receipt of a Stop Work Order, or within any extension of that period to which Consultant and Owner have agreed in writing, Owner shall either cancel the Stop Work Order, or terminate this Agreement pursuant to the terms hereof. Provided this Agreement has not theretofore been terminated, Consultant shall resume work upon cancellation or expiration of any Stop Work Order.

TERM AND TERMINATION OF AGREEMENT

Owner shall have the right to terminate this Agreement at any time, without cause, upon not less than seven (7) days’ prior written notice to Consultant. In the event of any such termination, Owner shall compensate Consultant for any portion of the Consultant’s Fee earned but not yet paid at the time of termination; provided, however, that Consultant shall have no right to any amounts attributable to defective Services or Services not otherwise performed in accordance with the requirements of this Agreement. Such compensation shall be Consultant’s sole and exclusive remedy for termination pursuant to this Section.

Consultant shall have the right to terminate its obligations pursuant to this Agreement if Owner shall fail to make any payment properly owing to Consultant hereunder and such failure has not been remedied or cured within thirty (30) days of Owner’s receipt of written notice thereof. Upon any such termination, Owner shall pay for any portion of the Consultant’s Fee earned but not yet paid at the time of termination; provided, however, that Consultant shall have no right to any amounts attributable to defective Services or Services not otherwise performed in accordance with the requirements of this Agreement. Such compensation shall be Consultant’s sole and exclusive remedy for termination pursuant to this Section.

If Consultant fails to observe or perform any covenant, agreement, obligation, duty or provision of this Agreement, Owner may, after seven (7) days’ written notice to Consultant and without prejudice to any other remedy Owner may have at law and/or in equity, terminate this Agreement and/or the Consultant’s right to perform the Services.

MISCELLANEOUS PROVISIONS

A waiver on the part of Owner or Consultant of any term, provision or condition of this Agreement shall not constitute a precedent or bind either party to a waiver of any succeeding breach of the same or any other term, provision or condition of this Agreement.

This Agreement, including all Exhibits hereto and any addenda thereto, constitutes the entire Agreement between Consultant and Owner. It supersedes all prior or contemporaneous communications, representations or agreements, whether oral or

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written, relating to the Services set forth in this Agreement. This Agreement may be amended only by a written instrument signed by both parties. The captions in this Agreement are for the convenience of the parties in identification of the several provisions and shall not constitute a part of this Agreement nor be considered interpretative thereof.

This Agreement shall be binding on the successors and permitted assigns of the parties hereto. This Agreement shall not be assigned, conveyed or transferred by Consultant without first obtaining the written consent of Owner. Owner may assign, convey or transfer this Agreement without the prior consent of Consultant.

Every article, section, paragraph, part, term or provision of this Agreement is severable from others. If any article, section, paragraph, part, term or provision of this Agreement is construed or held to be void, invalid or unenforceable by order, decree or judgment of a court of competent jurisdiction, the remaining articles, sections, paragraphs, parts, terms and provisions of this Agreement shall not be affected thereby but shall remain in full force and effect.

Any information or notices required to be given under this Agreement shall be in writing and shall be delivered either by (i) certified mail, return receipt requested, in which case notice shall be deemed delivered three (3) business days after deposit, postage prepaid, in the U.S. mail; (ii) a reputable messenger service or a nationally recognized overnight courier, in which case notice shall be deemed delivered one (1) business day after deposit with such messenger or courier; or (iii) personal delivery with receipt acknowledged in writing, in which case notice shall be deemed delivered when received. All notices shall be addressed as follows:

If to Owner: Illinois Sports Facilities Authority 333 West 35th Street Chicago, Illinois 60616 Attention:

If to Consultant:

The foregoing addresses may be changed from time to time by notice to the other party in the manner hereinbefore provided for.

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This Agreement shall be governed and interpreted pursuant to the laws of the State of Illinois.

This Agreement is made as of the day and year first written above.

Owner: Consultant: ILLINOIS SPORTS FACILITIES ______AUTHORITY By: By: ______Signature Signature Name: Name: ______

Its: Its: Executive Director ______. Title Title

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EXHIBIT I

SCOPE OF THE SERVICES

I. PROJECT SCHEDULE The project will be coordinated and scheduled through Consultant’s Corporate Office located at ______under the direction of ______. Consultant will assign only the appraisers that possess the expertise and technical abilities in appraising this type of property to complete this important project.

Consultant understands the nature of this project requires insight and careful planning to ensure a successful and timely outcome. Consultant shall schedule an initial planning meeting to be held with key personnel and appraisers to outline and coordinate the Work Plan Schedule involving site visitations and the logistics of this assignment.

Work Plan Schedule for the appraisal services includes: PROJECTED WORK PLAN SCHEDULE On-Site Field Work Completion: July 19, 2019 Report Delivery: July 26, 2019

Correspondence shall be circulated to personnel involved with the assignment identifying Consultant and indicating the purpose of the project in order to solicit cooperation during the appraisal process. Consultant will be allowed access to the property, as needed, and information will be furnished promptly as requested.

II. PROJECT SCOPE OF WORK The Services and reports shall consist of an on-site inspection and certified appraisal for the purpose of establishing a current insurance valuation and a depreciation study (based upon observed conditions and other pertinent influencing factors) of the buildings, structures, parcels of land, fixtures, furniture and equipment of 1) Guaranteed Rate Field stadium, 2) the Chi Sox Bar & Grill restaurant, 3) all parking lots, and 4) the parcel of land under the Chicago Sports Depot store. A. Consultant shall provide an impartial statement of value based upon the following:  Cost of Reproduction New - defined as the cost to reproduce the entire property at one time, in new condition of like kind and quality at current market prices for material, labor, cost of freight and installation, contractor’s overhead and profit, but without provision for overtime, bonuses and premiums of any kind.  Sound Value/Actual Cash Value - defined as the Cost of Reproduction New less Accrued Depreciation resulting from observed conditions involving age, utility and remaining serviceable life. Sound Value is often referred to as Actual Cash Value within the insurance industry.

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B. The appraisal report shall:  Be arranged in well-defined property classifications.  Include a summarized description and valuation of the buildings, structures, land and parking lots as well as fixtures, furniture and equipment assets in various classifications by building location. The items excluded in the insurance policy shall be segregated.  Include a Cook County Plat of Survey of all Authority parking lots, land and property in relation to roadways and other structures at the same site.  Include color photographs of buildings, structures, parking lots and parcels of land.  Include a detailed description of the components of construction and valuation of the buildings, structures, parking lots, parcels of land, and an inventory of fixtures, furniture and equipment assets by floor/room/area/location/classification.  Include, but is not limited to, yard and outside insurable items such as asphalt, permeable pavers, lighting, signage, fencing, retaining walls, planters, flagpoles, marquee, scoreboards, et al. C. Consultant shall deliver two (2) original bound copies of the final appraisal report including an exclusive ACE II (Advance Content Excel) Spreadsheet and 2) a pdf of the report. D. In accordance with the requirements of Section 3.4, the completed appraisal report including all field notes, plans, documents, etc. shall be kept on file to assist in substantiating insurance claims for proof of loss Please note the scope of work may change based on findings resulting from the property walk through.

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EXHIBIT II

PROFESSIONAL FEE

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EXHIBIT III

Certificate of Coverage

(letter to follow)

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